(Ijnntpll Slam ^ri^onl IGibrary 
 
Cornell University Library 
 KF 156.S56 1922 
 
 The cyclopedic law dictionary ;<;0'i)f rjsiii 
 
 3 1924 022 836 419 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924022836419 
 
THE 
 
 CYCLOPEDIC 
 
 LAW DICTIONARY 
 
 Comprising 
 
 the teems and phrases op american jurisprudence, including ancient and modekn 
 
 common law, international law, and numerous select titles from the 
 
 civil law, the french and the spanish law, etc., etc. 
 
 With 
 AN EXHAUSTIVE COLLECTION OP LEGAL MAXIMS 
 
 By WALTER A. SHUMAKER 
 
 AND ^^ 
 
 GEORGE FOSTER LONGSDORF 
 
 SECOND EDITION 
 By JAMES C. CAHILL 
 
 CHICAGO 
 
 CALLAGHAN AND COMPANY 
 
 1922 
 
COPYRIGHT, 1922 
 
 BY 
 
 CALLAGHAN & COMPANY 
 
Preface to Second Edition 
 
 The present edition of the Cyclopedic Law Dictionary is necessi- 
 tated by causes seldom occurring in legal publications. The popularity 
 of the work has been such that the innumerable reprints required to 
 supply the demand literally wore out the plates of the first edition. No 
 greater tribute to the merit of the work is possible. 
 
 In this edition the earlier edition has been carefully revised and 
 approximately two thousand additional words and definitions have been 
 incorporated. 
 
 The selection of this additional material involved the careful exami- 
 nation of every source, including unpublished manuscripts, every effort 
 being directed toward making the work as complete as possible and to 
 increase its value not only to the student, but to the general practitioner 
 as well. 
 
 A complete table of abbreviations of standard legal works of refer- 
 ence will be found in the appendix. 
 
 An expression of grateful appreciation is due to Mr. Basil Jones for 
 his suggestions and assistance. 
 
 James C. Cahill. 
 Chicago: July, 1922. 
 
Preface to First Edition 
 
 The purpose of this dictionary is to present, within one volume of 
 convenient size, every legal definition or other appropriate matter which 
 is requisite to any probable need of the student or the practitioner. It 
 is believed that, on the one hand, both convenience and economy require 
 that a work designed to be primarily a dictionary of the law should not 
 exceed a single volume. On the other hand, no law dictionary is com- 
 plete if it fails to define every word or phrase, ancient or modem, which 
 the searcher may reasonably expect to find therein. Moreover, while a 
 mere general definition is ordinarily surficient as to foreign and obsolete 
 terms, yet in respect to those terms of jurisprudence which in themselves 
 describe recognized topics of the law, or are of present interest, or are 
 in a formative state, a bare definition is of no particular value. 
 
 These topical terms the authors have endeavored to treat encyclo- 
 pedically, avoiding the comprehensiveness of a treatise or commentary, 
 but exhibiting all the elements of a subject in a complete and logical 
 manner. They realize that only by those having' legislative authority can 
 definitions of such terms be framed which will be in every particular 
 correct, and, like all writers dealing with modern law, they can do no 
 more than present the result of a critical- examination of the adjudged 
 cases. In addition to this, it has been the aim to make the work exhaustive 
 as a glossary, covering all matters within the research, not only of the 
 practitioner and the student of the law, but of the lay ptudent of ancient 
 laws and history. The principal terms of the Saxon, Norman, and Old 
 Scotch law, and of International and Feudal law, with many titles from 
 other foreign systems, and the great variety of entire and fragmentary 
 phrases in various languages to be met with in old law books and records, 
 are defined and explained. Particular attention has been given to the 
 Civil law, long explanatory articles being devoted to the more impor- 
 tant Roman customs and institutions. 
 
 There has been considerable discussion in the past as to the pro- 
 priety of including in a law dictionary terms and phrases no longer in 
 current use. To the authors it seems that a dictionary which does not 
 include such terms fulfills but a small part of its essential purpose. The 
 law of the present day is rooted in the antiquities of the English common 
 law, and that, in its turn, is inextricably interwoven with the law of the 
 civilians. No question of law can be exhaustively investigated without 
 bringing the searcher in contact with a multitude of legal terms and 
 phrases now regarded as obsolete. The authors are unwilling to believe 
 that the modem tendency toward codification and superficial case-learning 
 has progressed so far that, there is no longer a demand for the definitions 
 and explanations which will enable the student to trace the doctrines of 
 
the law to their head-waters, and the practitioner to investigate particular 
 questions with equal thoroughness. 
 
 A considerable collection of the terms of Spanish law has been in- 
 serted, in the belief that the annexation and close political relation to 
 the United States of countries lately under Spanish rule will make a 
 definition of such terms desirable to the practitioner. 
 
 The collection of maxims of the law is believed to be the most com- 
 plete ever given in a single work. These maxims are placed throughout 
 the book in their proper alphabetical order. 
 
 While it has been the effort to make the treatment as nearly- 
 exhaustive as possible within the realm of the terms of jurisprudence, 
 this very exhaustiveness precludes any excursion beyond the scope of 
 a law dictionary proper. The so-called "adjudged words and phrases," 
 that is to say, the judicial interpretation of words having no distinctive 
 legal meaning, but interpreted solely in the light of their context or use 
 in particular connections, have been omitted, as have the ordinary terms 
 of our language having no technical significance. The technical terms 
 of commerce and of the stock exchange form a well-defined exception, 
 and it is thought that the collection of these is the most extensive ever 
 attempted in a work of this character. 
 
 The known and settled habits of the profession in associating par- 
 ticular principles with certain terms have been regarded, and therefore 
 the definititons have, wherever practicable, been given under the specific 
 words deemed most likely to suggest themselves to the searcher, instead 
 of being grouped under some broad generic head. In the interest of 
 space, some few exceptions to this rule have been made: (1) Where a 
 word has several forms, it is defined under that best known or most cor- 
 rect, and from the others a cross-reference made to such definition. (2) 
 Where the treatment of a general head necessarily includes the state- 
 ment and definition of a number of terms included therein as elements 
 or classes, cross-references are usually made to such general head for 
 such definition, though in many cases a brief definition is given under 
 the specific title, and a reference to the general title for further discussion. 
 
 As to the sources from which the matter herein contained was 
 obtained, the basis of the work was the edition of 1867 of Bouvier's Law 
 Dictionary, the original work of Mr. Bouvier, so far as it was consistent 
 with the scope of the present dictionary, being so far classic as to be 
 incapable of improvement, and presenting an element of authority which 
 no new production could assume. To this, however, matter was added, 
 more than doubling the number of terms defined, and developing, in the 
 light of modern authorities, the discussion and definition of modern terms, 
 which have been largely reformulated by the authors. The English 
 dictionaries of Sweet, Wharton and Stroud have been principally resorted 
 to for the explanation of distinctively English terms and institutions, 
 while for the terms of ancient law. free use has been made of the dic- 
 tionaries of Cowell, Spelman, and Jacob, and the treatises of Bracton, 
 Britton, Viner, Coke, Littleton, Bacon, Blackstone, Chitty, Stephen, and 
 Maine, as well as the American classics of Story, Greenleaf and Kent. 
 
 vi 
 
The terms of the civil law are mainly derived from the Novels, Digest, 
 Institutes and Code of Justinian, the Lexicon of Calvin and the treatises 
 of Mackeldey, Heineccius, and Pothier. The scholarly work of Mr. Burrill 
 has been of great assistance. In formulating the definitions of modem 
 terms, reference has always been had to the standard text book dealing 
 with the subject, and the number of these is too great for enumeration, 
 due credit being given in the body of the work for all definitions derived 
 from such sources. 
 
 The more modern dictionaries of Anderson, Abbott, Black, and 
 Rapalje & Lawrence have been used for reference and comparison. 
 
 The materials collected would have made two volumes of the size 
 of the present work, but by diligent revision and condensation, it is 
 believed that all that was useful and within its scope has been preserved. 
 
 Waltek a. Shumaker. 
 George Foster Longsdorf. 
 
 St. Paul, Minn., November 25, 1901. 
 
 vii 
 
ABBREVIATIONS 
 
 OF THE 
 
 Less-Known and Ancient Books Referred to in This Work 
 
 A complete table of abbreviatioHs of legal reference works will be found in the 
 appendix. 
 
 Abbott. Abbott's Law Dictionary (1879). 
 
 Adams, Rom. Ant. Adams' Roman Anti- 
 quities. 
 
 Ainsworth, Lex. Ainsworth's Lat.-Eng. 
 Dictionary (1837). 
 
 Arg. Fr. Merc. Law. Argyle's French Mer- 
 cantile Law. 
 
 Artie. Cleri. Articuli Cleri. 
 
 Artie, sup. Chart. Articuli super Chartas. 
 
 Assis. de Jems. Assises de Jerusalem. 
 
 Aul. Gell. Noct. Att. Auli Gellii Noctes At- 
 ticae. 
 
 Ayliffe, Pand. Ayliffe's Pandect. 
 
 Ayliffe, Par. Ayliffe's Parergon. 
 
 Azuni, Mar. Law. Azuni's Maritime Law. 
 
 Bac. Abr. Bacon's Abridgment. 
 
 Bae. Max. Bacon's Maxims. 
 
 Bac. Read. Uses. Bacon's Reading on the 
 Statute of Uses. 
 
 Barr. Obs. St. Barrington's Observations on 
 the Statutes. 
 
 Beam,es, Glanv. Beames' Glanville. 
 
 Beawes, Lex Merc. Beawes' Lex Mercatoria. 
 
 Bell, Comm. Bell's Commentaries on the 
 Law of Scotland. 
 
 Bell, Diet. Bell's Dictionary of the Law of 
 Scotland. 
 
 Ben. Adm,. Prac. Benedict's Admiralty 
 Practice. 
 
 Benl. Benloe's Reports. 
 
 Benth. Jud. Ev. Bentham's Rationale of 
 Judicial Evidence. 
 
 Biret, Vocab. Biret's Vocabulaire des Cinq 
 Codes (1862). 
 
 Bl. Comm. Blackstone's Commentaries. 
 
 Blount, Blount's Nomo Lexicon. 
 
 Bohun, Curs. XJanc. Bohun's Cursus Can- 
 cellariae. 
 
 Bohun, Inst. Leg. Bohun's Institutio Le- 
 galis. 
 
 Bonnetti, Ital. Diet. Bonnetti's Italian Dic- 
 tionary. 
 
 Bonnier, E. des Preuves. Bonnier's E. 
 Traite des Preuves (1852). 
 
 Boote, Hist. Boote's Historical Treatise of 
 a Suit at Law. 
 
 Bouch. Inst. Boucher's Institutes au Droit 
 Maritime. 
 
 Boul. P. Dr. Com. Boulay-Paty Droit Com- 
 mon. 
 
 Bouv. Inst. Bouvier's Institutes of Ameri- 
 can Law. 
 
 Bracton. Bracton, de Legibus et Consuetu- 
 dinibus Angliae. 
 
 Branch, Princ. Branch's Prineipia Legis et 
 
 . Aequitatis. 
 
 Brande. Brande's Dictionary of Science 
 etc. ' 
 
 Brissonius. Brissonius de Verborum Signifi- 
 catione. 
 
 Britt. Noveau Dictionaire Civil et Canon- 
 ique de Droit et de Pratique. 
 
 Brooke, Abr. Brooke's Abridgment. 
 
 Broom, Leg. Max. Broom's Legal Maxims. 
 
 Brown. Brown's Law Dictionary and In- 
 stitute (1874). 
 
 Burge, Col. & For. Law. Burge on Colonial 
 and Foreign Law. 
 
 Burn, Ecc. Law. Burn's Ecclesiastical Law. 
 
 Burr. Sett. Cas. Burrow's Settlement 
 Cases. 
 
 Butler, Co. Litt. Butler's Notes to Coke on 
 Littleton. 
 
 Butler, Hor. Jur. Butler's Horae Juridicae. 
 
 Bifnk. Obs. Jur. Rom. Bynker shock's Ob- 
 servationum Juris Roman Libri. 
 
 Bynk. Quaest. Jur. Pub. Bynkershoek's, 
 Quaestiones Juris Publici. 
 
 Calv. Lex. Calvini Lexicon Juridicum. 
 
 Cas. temp. Hardw. Cases tempore Hard- 
 wicke. 
 
 Cas. temp. Lee. Cases tempore Lee (Eng. 
 Ecc). 
 
 Cas. temp. Talb. Cases tempore Talbot. 
 
 Cassiod. Var. Cassiodori Variarum. 
 
 Chart. Foresta. Charta de Foresta. 
 
 Clerke, Prax. Clarke's Praxis Curiae Ad- 
 miralitatis. 
 
 Co. Entr. Coke's Entries. 
 
 Co. Litt. Coke on Littleton. 
 
 Code. Codex Justiniani. 
 
 Code Civ. Code Civil. 
 
 Code Theodos. Codex Theodosianus. 
 
 Colq. Civ. Law. Colquhoun on Roman Civil 
 Law. 
 
 Comyn. Comyn's Reports. 
 
 Comyn, Dig. Comyn's Digest. 
 
 Conf. Chart. Confirmatio Chartarum. 
 
 Consol. del Mare. Consolato del Mare. 
 
 Cooper, Just. Inst. Cooper's Justinian's In- 
 stitutes. 
 
 Corp. Jur. Can. Corpus Juris Canonici. 
 
 Corp. Jur. Civ. Corpus Juris Civilis. 
 
 Corp. Jus. Canon. Corpus Juris Canonique. 
 
 Cowell. Cowell's Interpreter. 
 
 Cruise, Dig. Cruise's Digest. 
 
 Dalloz. Dalloz, Dictionaire General et Rai- 
 
 sonne de Legislation (1835). 
 Dane, Abr. Dane's Abridgment. 
 Decret. Childeb. ad L. Salic. Decreta 
 
 Childeberti ad Legem Salicam. 
 
 IX 
 
ABBREVIATIONS 
 
 Dial, de Scacc. Dialogus de Scaccario. 
 Dig. Digestum or Digesta. The Digest or 
 
 Digests of Justinian. 
 Diss, ad Flet. Selden's Dissertatio ad Fle- 
 
 tam. 
 Doct. and Stud. Doctor and Student. 
 Doct. Plac. Dcctrina Placitandi. 
 Domat, Civ. Law. Domat's Civil Law. 
 Domat, Dr. Pub. Domat's Droit Publique. 
 Domat, Liv. Prel. Domat's Livres du Droit 
 
 Public. 
 Dufresne. Dufresne's Glossary. 
 Dugd. Orig. Jwr. Dugdale's Origines Jurid- 
 
 iciales. 
 Durand. Spec. Jur. Durandi Speculum Ju- 
 
 Emerig. Tr. des Assur. Emerigon Traite 
 des Assurances. 
 
 Ersk. Princ. Erskine's Principles of the 
 Law of Scotland. 
 
 Esp. N. P. Espinasse's Nisi Prius Reports. 
 
 Esprit des Lois. Montesquieu's Spirit of 
 Laws. 
 
 Ferriere, Diet, de Jur. Ferriere's Diction- 
 ary of Jurisprudence. 
 
 Feud. Lib. Peudorum Libri or Liber. 
 
 Fitzh. Nat. Brev. Fitzherbert's Natura Bre- 
 vium. 
 
 Fleta. Fleta, seu Commentarius Juris Ang- 
 lici. 
 
 Fleury, Hist. Fleury's History of the Ori- 
 gin of French Laws (1724). 
 
 Flor. Wigorn. Plorentius Wigornensis, 
 Florence of Worcester. 
 
 Foelix, Droit Int. Princ. Foelix, Droit In- 
 ternational Prive. 
 
 Formul. Solen. Formulae Solemnes. 
 
 Fortesc. de L. L. Angl. Fortescue de Lau- 
 dibus Legum Angliae. 
 
 Francis, Max. Francis' Maxims. 
 
 Gains, Inst. Gains' Institutes. 
 
 Gibb. Bom. Emp. Gibbon's Decline and 
 
 Fall of the Roman Empire. 
 Gibs. Code. Gibson's Codex. 
 Gilb. For. Rom. Gilbert's Forum Romanum. 
 Glanv. Glanville, de Legibus et Consuetu- 
 
 dinibus Regni Angliae. 
 Godolph. Ecc. Law. Godolphin's Ecclesias- 
 tical Law. 
 Godolph. Orph. Leg. Godolphin's Orphan's 
 
 Legacy. 
 Grand Const. Norm. Grand Coustumier of 
 
 Normandy. 
 Greg. Tnron. Gregory of Tours. 
 Grot, de Acquit. Grotius de Aequitate. 
 Grotins de Jnre Belli. Grotius de Jure 
 
 Belli ac Pacis. 
 Gnyot. Inst. Feed. Guyot's Institutes Feo- 
 
 dales. 
 
 Halifax, Anal. Halifax' Analysis of the 
 Roman Civil Law. 
 
 Halk. Tech. Terms. Halkerston's Techni- 
 cal Terms of the Law. 
 
 Hargr. Co. Litt. Hargrave's Notes to Coke 
 on Littleton. 
 
 Heath, Max. Heath's Maxims. 
 
 Heinec. Elem. Jur. Camb. Heineccii Ele- 
 menta Juris Cambialis. 
 
 Heinec. Elem. Jur. Civ. Heineccii Elemen- 
 ta Juris Civilis. 
 
 Hincmar. Epist. Hincmari Epistolae. 
 
 Holthouse. Holthouse's Law Dictionary. 
 
 Hotom. in' Verb. Feud, Hotomannus de 
 Verbis Feudalibus. 
 
 Houard, Ang. Sax. Laws. Houard's Anglo- 
 Saxon Laws. 
 
 Hov. Ann. Hoveden's Annals. 
 
 How. St. Tr. Howell's State Trials. 
 
 Hub. Prael. Jur. Civ. Huberi Praelectiones 
 Juris Civilis. 
 
 Hugo, Hist. Dr. Bom. Hugo's History. Druit 
 Romain. 
 
 Ingulph. Hist. Croyl. Ingulphi Historia 
 
 Croylandiae. 
 Inst. Institutes of Justinian. 
 Inst. Institutes of Lord Coke. 
 Inst. Cler. Instructor Clericalis. 
 Irving, Civ. Law. Irving's Civil Law. ' 
 
 Jacob. Jacob's Law Dictionary. 
 
 Jornand. de Beb. Get. Jornandes de Rebus 
 
 Geticis. - 
 Jul. Frontin. Julius Frontinus. 
 
 Kaufm. Mackeld. Civ. Law. Kaufmann's 
 Edition of Mackeldey's Civil Law. 
 
 Kelham. Kelham's Norman Dictionary. 
 
 Kennett. Kennett's Glossary. 
 
 Kennett, Par. Ant. Kennett's Parochial 
 Antiquities. 
 
 Kitch. Cts. Kitchin on Courts. 
 
 Kluber, Dr. des Gens. Kluber's Droit des 
 Gens. 
 
 L. Alem. Law of the Alemanni. 
 
 L. Baiwar. or Boior. Law of the Bavarians. 
 
 L. Ripuar. Law of the Ripuarians. 
 
 L. Salic. Salic Law. 
 
 Law Fr. Diet. Law French Dictionary. 
 
 Law Lat. Diet. Law Latin Dictionary. 
 
 LL. Aluredi. Laws of Alfred. 
 
 LL. Atheist. Laws of Athelstan. 
 
 LL. Burgnnd. Laws of the Burgundians. 
 
 LL. Canuti B. Laws of King Canute. 
 
 LL. Edw. Conf. Laws of Edward the Con- 
 fessor. 
 
 LL. Gul. Conq. Laws of William the Con- 
 queror. 
 
 LL. Hen. I. Laws of Henry I. 
 
 LL. Inae. Laws of Ina. 
 
 LL. Longobard. Laws of the Lombards. 
 
 LL. Malcolm. B. Scott. Laws of Malcolm, 
 King of Scotland. 
 
 LL. Neapolit. Laws of Naples. 
 
 LL. Wisegotho. Laws of the Visigoths. 
 
 LL. Wm. Noth. Laws of William the Bas- 
 tard. 
 
 Lamb. Archaion. Lambard's Archaionomia. 
 
 Lamb. Eiren. Lambard's Eirenarcha. 
 
 Lamb. Expllc. Lambard's Explication. 
 
 Las Partidas. Las Siete Partidas. 
 
 Lee. Elm. Lecon's Elementaires du Droit 
 Civile. 
 
 Lib. Feud. Libri Peudorum; the Books of 
 Feuds. 
 
 Lib. Nig. Scacc. Liber Niger Scaccarii; 
 Black Book of the Exchequer. 
 
 Lib. Barnes. Liber Ramesiensis; Book of 
 Ramsey. 
 
ABBREVIATIONS 
 
 XI 
 
 Lib. Bub. Scacc. Liber Ruber Scaccarii; 
 Red Book of the Exchequer. 
 
 lAeber, Civ. Lib. Lieber's Civil Liberty. 
 
 Litt. Littleton's Tenures; Littleton's Re- 
 ports. 
 
 Looc. de Jur. Mar. Loccenius de Jure Mari- 
 timo. 
 
 Lyndw. Prov. Lyndwode's Provinciale. 
 
 Mackeld. Civ. Law. Mackeldey's Civil Law. 
 Mad. Form. Angl. Madox' Formulare Angli- 
 
 canum. 
 Mad. Hist. Exch. Madox' History of the 
 
 Exchequer. 
 Magna Chart, or Cart. Magna Charta, or 
 
 Carta. 
 Magna Rot. Pip. Magnus Rotulus Pipae; 
 
 Great Roll of the Pipe. 
 Manw. For. Law. Manwood's Forest Law. 
 Mascard. de Prob. Mascardus de Proba- 
 
 tionibus. 
 Merlin, Quest, de Droit. Merlin's Questions 
 
 de Droit qui se Presentent le Plus Fre- 
 
 quemment Dans les Tribunaux (1819). 
 Merlin, Repert. Merlin's Repertoire. 
 Meyer, des Inst. Judiciares. Meyer, des In- 
 
 stitutiones Judiciares. 
 Mirr. Mirror of Justices. 
 Molloy de Jur. Mar. MoUoy de Jure Mari- 
 
 timo. 
 Mon. Angl. Monasticon Anglicanum. 
 Mozley & W. Mozley & Whitely's Law Dic- 
 tionary (Eng.). 
 Murat. Antiq. Med. Aevi. Muratori's An- 
 
 tiquitates Medii Aevi. 
 
 Nov. Novellae, Novels. 
 
 Nov. Recop. Novisima Recopilacion. 
 
 Noy, Max. Noy's Maxims. 
 
 Old Nat. Brev. Old Natura Brevium. 
 Onuphr. de Interp. Voc. Eccles. Onuphrius 
 
 de Interpretatione Vocum Ecclesiae. 
 Ord. Mar. Ordonnance de la Marine. 
 Ort. Hist. Ortolan's History of the Roman 
 
 Law. 
 Ort. Inst. Ortolan's Institute de Justinian. 
 Ought. Oughton's Ordo Judiciorum. 
 
 PaUlet, Dr. Pub. Paillet's Manuel de Droit 
 Francais. 
 
 Palg. Rise, etc. Palgrave's Rise and Prog- 
 ress of the English Commonwealth. 
 
 Par. Ant. Parochial Antiquities. 
 
 Pardessus, Dr. Com. Pardessus' Cours de 
 Droit Commercial. 
 
 Petron. Satyric. Petronius' (Titus) Ar- 
 biter, Satyricon, etc. 
 
 Pitc. Cr. Tr. Pitcairn's (Scotch) Criminal 
 Trials. 
 
 Pitisc. Lex. Pitisci's Lexicon. 
 Plac. Abbrev. Placitorum Abbreviatio. 
 Plowd. Plowden's Commentaries and Re- 
 ports. 
 
 Path. Pothier (De Change, De Rente, Ob- 
 ligationes, De la Procedure Civil, De la 
 Procedure Criminelle, Des Fiefs, De Pan- 
 dectae). 
 
 Puffendorf. Puffendorf 's Law of Nature. 
 
 Quon. Attach. Quoniam Attachiamenta. 
 
 Rapalje & L. Rapalje & Lawrence's Law 
 
 Dictionary. 
 Reeve, Hist. Eng. Law. Reeve's History 
 
 of the English Law. 
 Reg. Brev. Registrum Brevium. 
 Reg. Jud. Registrum Judiciale. 
 Reg. Maj. Regiam Majestatem. 
 Reg. Orig. Registrum Originale. 
 Rocc. de Nav. et Nau. Roccus de Navibus 
 
 et Naulo. 
 Rog. Hov. Roger de Hovenden, Chronica. 
 Rolle. Abr. Rolle's Abridgment. 
 Rot. Claus. Rotuli Clausi; Close Rolls. 
 Rot. Pari. Rotuli Parliamenti; Parliament 
 
 Rolls. 
 Rot. Pat. Rotuli Patentes; Patent Rolls. 
 
 Santerna de Ass. Santerna de Assecura- 
 tionibus et Sponsionibus Mercatorum. 
 
 Savigny, Hist. Rom. Law. Savigny's His- 
 tory of the Roman Law. 
 
 Savigny, System. Savigny's System des 
 Leutigen Romischen Rechts. 
 
 Schmidt, Civ. Law. Schmidt's Civil Law of 
 Spain and Mexico. 
 
 Seld. Mare Claus. Selden's Mare Clausum. 
 
 Seld. Tit. Hon. Selden's Titles of Honor. 
 
 Shep. Touch. Sheppard's Touchstone. 
 
 Skene de Verb. Sign. Skene de Verborum 
 Signiflcatione. 
 
 Spelman. Spelman's Glossary. 
 
 St. Gloc. Statute of Glocester. 
 
 St. Marlb. Statute of Marlbridge. 
 
 St. Mert. Statute of Merton. 
 
 St. Mod. Lev. Fin. Statute Modus Levandi 
 Fines. 
 
 Staundf. PI. Cor. Staundford's Placita 
 Coronae. 
 
 Staundf. Prerog. Staundford's Exposition 
 of the King's Prerogative. 
 
 Style, Pr. Reg. Style's Practical Register. 
 
 Termes de la Ley. Termes de la Ley 
 
 (1685). 
 Tomlins. Tomlins' Law Dictionary. 
 Trye, Jus Filiz. Trye's Jus Filizarii. 
 
 Vioat. Vicat's Vocabularium Juris Utri- 
 usque ex Variis Ante Editis. 
 
 Viner, Abr. Viner's Abridgment. 
 
 Vinn. ad Inst, or Vinnius. Vinnius' Com- 
 mentary on the Institutes of Justinian. 
 
 West, Syrab. West's Symboleography. 
 Wharton. Wharton's Law Lexicon. 
 Whishaw. Whishaw's Law Dictionary. 
 Wooddessqn, Leet. Wooddesson's Lecture. 
 
 Y. B. Year Book. 
 
Cyclopedic Law Dictionary 
 
 A 
 
 A. 
 
 In Latin Phrases. A preposition, de- 
 noting from, by, in, on, of, at. 
 
 In French Phrases. A preposition, de- 
 noting of, at, to, for, in, with. 
 
 In Citation of Reported Decisions. 
 
 Used for adversus {versiis) in some law re- 
 ports. See Abb. Prac. (N. Y.; O. S.) 
 
 In Notes. May be regarded as syn- 
 onymous with "at." Belford v. Beatty, 145 
 111. 418. 
 
 In Roman Criminal Law. The judges 
 
 were furnished with small tables covered 
 with wax, and each one inscribed on it the 
 initial letter of his vote, — "A." (the initial 
 letter of absolve) when he voted to absolve' 
 the party on trial; "C." (the initial letter of 
 condemno) when he was for condemnation; 
 and"N. L." (the initial letters of non liquet) 
 when the matter did not appear clearly, 
 and he desired a new argument. 
 
 In Roman Elections. It was used in 
 
 elections as the initial letter of antiquo (for 
 the old law), being a vote against the pro- 
 posed law; an affirmative vote being in- 
 dicated by "U. R." (Mi rogas, as you pro- 
 pose) . 
 
 Among the Puritans. An "A" of red 
 
 cloth was hung upon the dress of a con- 
 victed adulteress. 
 
 A CANCELLIS (Law Lat.) 
 See "Chancellor." 
 
 A chancellor. 
 
 A COELO USQUE AD CENTRUM (Lat.) 
 From the heavens to the center of the earth. 
 
 A COiVIIVlUNI OBSERVANTIA NON EST 
 recedendum. There should be no depart- 
 ure from common observance (or usage). 
 Co. Litt. 186; Wingate, Max. 203 ; 2 Coke, 74. 
 
 A CONS I LI IS (Lat. coMsiHwOT, advice). A 
 counsellor. The term is used in the civil 
 law by some writers instead of a responsis. 
 Spelman, voc. "Apocrisiarius." 
 
 A DATU, or A DATO (Law Lat.) From 
 the date. 2 Salk. 413; Cro. Jac. 135. 
 
 A Die Datus. From the day of the 
 
 date. 2 Salk. 413; ,2 Crabb. Real Prop. p. 
 248, §1301; 1 Ld. Raym. 84, 480; 2 Ld. 
 Raym. 1242. 
 
 A DIGNIORI FIERI DEBET DENOMI- 
 natio et resolutlo. The denomination and 
 explanation of a person or thing ought to 
 
 be derived from the more worthy. Wingate, 
 Max. 265; Fleta, lib. 4, c. 10, § 12. 
 
 A FORFAIT ET SANS GARANTIE (Fr.) 
 A phrase used in the indorsement of nego- 
 tiable instruments; substantially the same 
 as "without recourse." 
 
 A FORTIORI. By (or from) the stronger 
 reason. Applied to the argument that, be- 
 cause of the concession or establishment of 
 a given proposition, another included in it 
 is by the greater reason true. 
 
 A GRATIA. By grace; not of right. Also 
 written ex gratia. 
 
 A LATERE (Lat. laius, side). 
 
 In Respect to Property Rights. (1) 
 
 Collateral. Used in this sense in speaking of 
 the succession to property. Bracton, 20b, 
 62b. (2) Without right. Bracton, 42b. 
 
 In Ecclesiastical Law. Apostolic. A 
 
 legate a latere is one having full powers to 
 represent the pope as if he were present. 
 Du Cange; 4 Bl. Comm. 306. 
 
 A LfBELLIS (Law Lat.) An officer who 
 had charge of the libelli or petitions ad- 
 dressed to the sovereign. Calv. Lex. 
 
 A name sometimes given to a chancellor 
 (cancellarius) in the early history of that 
 office. Spelman, voc. "Cancellarius." See 
 "Chancellor." 
 
 A L'IMPOSSIBLE NUL N'EST TENU. 
 
 No one is bound to do what is impossible. 
 
 A MANIBUS (Law Lat.) An officer who 
 wrote for the emperor; one whose hand 
 (manus) was used for writing; an amanu- 
 ensis. Calv. Lex. 
 
 A ME (Lat. ego, I). A term denoting, in 
 the feudal law, direct tenure of the superior 
 lord. 2 Bell, H. L. Sc. 133. 
 
 To withhold a me (from me) is to obtain 
 possession of my property unjustly. Calv. 
 Lex. 
 
 To pay a me, is to pay from my money. 
 
 A MENSA ET THORO. See "Divorce." 
 
 A NON POSSE AD NON ESSE SEQUITUR 
 argumentum necessarie negative licet non 
 affirmative. From impossibility to nonexist- 
 ence, the inference follows necessarily in 
 the negative, though not in the affirmative. 
 Hob. 336b. 
 
A PIRATIS AUT 
 
 AB INITIO 
 
 A PIRATIS AUT LATRONIBUS CAPTt 
 liberi permanent. Those captured by pirates 
 or robbers remain free. Dig. 49. 15. 19. 2; 
 GrotiTis de Jure Belli, lib. 3, c. 3. § 1. 
 
 A PIRATIS ET LATRONIBUS CAPTA 
 dominium non mutant. Things captured by 
 pirates and robbers do not change owner- 
 ship. 1 Kent, Comm. 108, 184; 2 Woodde- 
 son, Lect. 258, 259. 
 
 A POSTERIORI (Lat. by the later reason). 
 In logic. An argument proceeding from ef- 
 fects to causes. 
 
 A PRENDRE (Fr. to take, to seize). 
 Rightfully taken from the soil. 5 Adol. & 
 E. 764; Nev. & P. 172; 4 Pick. (Mass.) 145. 
 See "Profit a Prendre." 
 
 A PRIORI (Lat. by the prior reason). In 
 logic. An argument preceding from causes 
 to effects. 
 
 A QUO (Lat.) From which. 
 
 Terminus a Quo. The point from 
 
 which distance is reckoned. 
 
 Court a Quo. The court from which a 
 
 cause is removed. 
 
 . Judge a Quo. The judge of such court. 
 
 Ad Quern. To which; the correlative. 
 
 A RENDRE (Fr. to render, to yield). 
 Which are to be paid or yielded. Profits a 
 rendre comprehend rents and services. Ham- 
 mond, N. P. 192. 
 
 A RESCRIPTIS VALET ARGUMENTUM. 
 An argument from rescripts (i. e., original 
 writs in the register) is valid. 
 
 A RESPONSIS (Law Lat.) In ecclesias- 
 tical law. One whose office it was to give 
 or convey answers; otherwise termed re- 
 sponsalis and apocrisiarius. One who, being 
 consulted on ecclesiastical matters gave an- 
 swers, counsel, or advice; otherwise termed 
 a consiliis. Spelman, voc. "Apocrisiarius." 
 
 A RETRO (Lat.) In arrear. Fleta, lib. 
 2, c. 55, § 2. 
 
 A RUBRO AD NIGRUM (Lat. from red to 
 black). As a rule of interpretation, to refer 
 from the (red) title or rubric to the (black) 
 body of the statute. It was anciently the 
 custom to print statutes in this manner. 
 Ersk. Inst. 1. 1. 49. 
 
 A SUMMO REMEDIO AD INFERIOREM 
 actionem non habetur regressus neque aux- 
 ilium. From the highest remedy to an infe- 
 rior action there is no return or assistance. 
 Fleta. lib. 6, c. 1; Bracton, 104a, 112b; 3 
 Sharswood, Bl. Comm. 193, 194. 
 
 A TEIVIPORE CUJUS CONTRARM ME- 
 moria non existet. B^om time of which 
 memory to the contrary does not exist. 
 
 A TERME (Law Fr.) For * term. 
 
 A Terme de sa Vie. For the term of 
 
 his life. Y. B. T. 1 Edw, II. 16; Y. B. M. 
 8 Edw. II. 55, 57. 
 
 A Terme Que Passe Est. For a term 
 
 which is past. Y. B. M. 4 Edw. III. 59. 
 
 A TORT (Law Fr.) Of or by wrong; 
 wrongfully. De ses avers a tort pris, of his 
 beasts wrongfully taken. Y. B. M. 3 Hen. 
 VI. 20. 
 
 A TOUT LA COMMUNE D'ENGLE- 
 terre. To all the people of England. St. 
 Articuli sup. Chartas, c. 1. 
 
 A VERBIS LEGIS NON EST RECEDEN- 
 
 dum. From the words of the law there 
 should be no departure. Broom, Leg, Max. 
 (3d London Ed.) 555; Wingate, Max. 25; 5 
 Coke, 119. 
 
 A VINCULO MATRIMONII. See "Di- 
 vorce." 
 
 AB. In Latin phrases. A preposition hav- 
 ing the same significance as "A" (q. v.) 
 "A" is used before words beginning with 
 consonants, and "Ab" before those begin- 
 ning with vowels. 
 
 AB ABUSU AD USUM NON VALET 
 consequentia. A conclusion as to the use of 
 a thing from its abuse is invalid. Broom, 
 Leg. Max. 17. 
 
 AB ACTIS (Lat. actus, an act). A notary; 
 one who takes down words as they are 
 spoken; a name anciently applied to the 
 chancellor. Du Cange, "Acta"; Spelman, 
 voc. "Cancellarius." See "Chancellor." 
 
 A reporter who took down the decisions 
 or acta of the court as they were given. 
 
 AB AGENDO. Disabled; unable to act. 
 
 AB ANTE (Lat. ante, before). In advance. 
 
 AB ANTECEDENTE (Lat. antecedens). 
 Beforehand. 5 Maule & S. 110. 
 
 AB ANTIQUO (Lat.) Of old. 
 
 AB ASSUETIS NON FIT INJURIA. No 
 
 injury is done by things long acquiesced in. 
 Jenk. Cent. Cas. Introd. viii. 
 
 AB EPISTOLIS (Lat.) An officer having 
 charge of the correspondence (epistolae) of 
 his superior or sovereign; a secretary. 
 Calv. Lex. 
 
 AB EXTRA (Lat. ea;ira, beyond, without). 
 From without. 14 Mass. 151. 
 
 ABINCONVENIENTI (Lat. inconveniens). 
 Prom hardship; from' what is inconvenient. 
 An argument ab inconvenienti is an argu- 
 ment drawn from the hardship of the case. 
 
 AB INITIO (Lat. initium, beginning) . From 
 the beginning; entirely; as to all the acts 
 done; in the inception. An estate may be 
 said to be good, an agreement to be void, 
 an act to be unlawful, a trespass to have 
 existed, ab initio. Plowd. 6a; 11 East, 395; 
 10 Johns. (N. Y.) 253, 369; 1 Bl. Comm. 440. 
 
 Before. Contrasted in this sense with ex 
 post facto (2 Bl. Comm. 308), or with postea 
 (Calv. Lex. voc. "Initium"). 
 
AB INITIO MUNDI 
 
 3 
 
 ABATEMENT 
 
 AB INITIO MUNDI (Lat.) From the be- 
 ginning of the world. 
 
 AB INTESTAT. Intestate. 2 Lower Can. 
 219. 
 
 AB INTESTATO (Lat. testatua, having 
 made a will) . From an intestate. Used both 
 in the common and civil law to denote an 
 inheritance derived from an ancestor who 
 died without making a will. 2 Bl. Comm. 
 490; Story, Confl. Laws, 480, 
 
 AB INVITO (Lat. invitum). Unwillingly 
 See "In Invitum." 
 
 AB IRATO(Lat. iratus, an angry man). 
 By one who is angry. A devise or gift made 
 by a man adversely to the interests of his 
 heirs, on account of anger or hatred against 
 them, is said to be made ab irato. A suit to 
 set aside such a will is called an action ab 
 irato. Merlin, Repert. 
 
 AB GUI M (Law; Lat.) Of old. 3 Ba. Comm. 
 96. 
 
 ABACTOR (Lat. ab and agere, to lead 
 away) . One who stole cattle in herds. Ja- 
 cob. Abigeua (q. v.) was the term more 
 commonly used to denote such an offender. 
 
 ABADENGO. In Spanish law. Lands, 
 towns, and villages belonging to an abbot, 
 and under his jurisdiction. All lands be- 
 longing to ecclesiastical corporations, and as 
 such exempt from taxation. Escriche, Die. 
 Raz. Lands of this kind were usually held 
 in mortmain, arid hence a law was enacted 
 declaring that no land liable to taxation 
 could be given to ecclesiastical institutions 
 "ningun realengo non pase a abadengo," 
 which is repeatedly insisted on. 
 
 ABALIENATIO (Lat. alienatio) . Themost 
 complete method of transferring lands, used 
 among the Romans. It could take place 
 only between Roman citizens. Calv. Lex. 
 
 ABANDONEE. A party to whom a right 
 or property is abandoned or relinquished by 
 another. Applied to the insurers of vessels 
 and cargoes. Lord Ellenborough, C. J., 5 
 Maule & S. 82; Abbott, J., Id. 87; Holroyd, 
 J., Id. 89. 
 
 ABANDONMENT. Relinquishment; sur- 
 render; desertion; waiver. 
 
 Of Property. The relinquishment of 
 
 property or right with intent not to reclaim 
 the same. It implies a relinquishment to 
 the public generally, or to the next comer; 
 a surrender to a particular person not being 
 an abandonment. 11 Cal. 363. To consti- 
 tute an abandonment there must be (1) an 
 intent to abandon (21 Cal. 291; 49 Minn. 
 148; 49 N. Y. 346), and (2) an unequivocal 
 act of abandonment (77 N. C. 186 j 42 Conn. 
 377; 116 Mo. 123). Mere nonuserisnot suf- 
 ficient (61 Mo. 178; 15 N. H. 412); but 
 abandonment may be presumed from long- 
 continued nonuser (43 Pa. St. 427; 34 Me. 
 394). 
 
 Of Invention. Either a relinquishing 
 
 of a contemplated invention before it is per- 
 fected, or a permitting of the use of an 
 invention by the public, constitutes an 
 abandonment of the invention to the public, 
 and prevents the inventor from enforcing 
 any exclusive claim to the same. 4 Fish. 
 Pat. Cas. (U. S.) 300. 
 
 Of Duties. The willful and unauthor- 
 ized desertion or forsaking of a duty, as 
 a contract or a service, or of a person as 
 to whom the abandoner is charged with a 
 duty, as of a child by its parents, or of a 
 wife by her husband. In case of abandon- 
 ment of domestic relations, an intent to 
 cause a permanent separation is necessary. 
 See "Desertion." 
 
 In connection with statutes punishing 
 abandonment of wife or family it is syn- 
 onymous with "desert." Virtue v. People, 
 122 111. App. 224. 
 
 To Underwriters. The right of an in- 
 sured, who has suffered a loss, to relinquish 
 the residue to the underwriters, and claim 
 for a total loss, though the insured property 
 is capable of recovery and repair. This 
 right is confined to marine insurance, un- 
 less specially given by the policy. May, Ins. 
 §421. 
 
 Fop Torts. The ancient right of the 
 
 owner of an animal or of a slave which had 
 committed an injury for which the owner 
 was civilly liable to surrender it to the 
 injured person in satisfaction. The doctrine 
 has been applied to vessels, and authorizes 
 the owner to surrender the vessel in satis- 
 faction of a debt contracted by the master. 
 By Rev. St. U. S. § 4285, the right to sur- 
 render a vessel and exonerate the owner 
 from personal liability was extended to 
 damages by collision. 
 
 ABANDUN, or ABANDUM. Anything se- 
 questered, proscribed, or abandoned. Aban- 
 don, i. e., in bannum res missa, a thing 
 banned or denounced as forfeited or lost; 
 whence to abandon, desert, or forsake, as 
 lost and gone. Cowell. Pasquier thinks it 
 a coalition of a ban donner, to give up to a 
 prescription, in which sense it signifies the 
 ban of the empire. Wharton. 
 
 ABARNARE (Lat.) To discover and dis- 
 close to a magistrate any secret crime. 
 Leges Canuti, c. 1. 
 
 ABATAMENTUM ^Lat. abata/re). An en- 
 try by interposition. Co. Litt. 277. An 
 abatement. Yelv. 151. 
 
 A B ATA RE. To abate. Yelv. 151, 
 
 ABATEMENT (Fr. ahattre. Law Fr. 
 abater, signifying to throw down). 
 
 In Practice. A suspension of all pro- 
 ceedings in a suit, from the want of proper 
 parties capable of preceding therein, as on 
 the death of a party pending the suit. 2 
 Paige (N. Y.) 211. 
 
 In modern practice the term signifies gen- 
 erally the suspension of a suit by any mat- 
 ter arising after its commencement. 
 
ABATEMENT OF FREEHOLD 
 
 ABBREVIATIONUM 
 
 Abatement in chancery differs from an 
 abatement at law in this : That in the lat- 
 ter the action is entirely dead, and cannot 
 be revived in the absence of statute (3 Bl. 
 Comm. 168), but in the former the right to 
 proceed is merely suspended, and may be 
 revived by a supplemental bill in the nature 
 of a bill of revivor (21 N. H. 246; Story, Eq. 
 PI. § 354; Mitf, Eq. PI. [by Jeremy] 57. 
 
 In Pleading. The overthrow of an ac- 
 tion caused by the defendant pleading some 
 matter of fact tending to impeach the cor- 
 rectness of the writ or declaration, and 
 which defeats the action for the present, but 
 does not debar the plaintiff from recom- 
 mencing it in a better way. Steph. PI. 47; 
 3 Bl. Comm. 168; 1 Chit. PI. (6th London 
 Ed.) 446; Gould, PL c. 5, § 65. 
 
 It has been applied rather inappropriately 
 as a generic term to all pleas of a dilatory 
 nature; whereas the word "dilatory" would 
 seem to be the more proper generic term, 
 and the word "abatement" applicable to a 
 certain portion of dilatory pleas. Comyn, 
 Dig. "Abatement" (B) ; 1 Chit. PL (6th 
 London Ed.) 440; Gould, PL c. 5, § 65. In 
 this general sense it has been used to in- 
 clude pleas to the jurisdiction of the court. 
 
 In Contracts. A reduction made by 
 
 the creditor for the prompt payment of a 
 debt due by the payer or debtor. Weskett, 
 Ins. 7. 
 
 Of Customs Duties. The deduction 
 
 from, or the refunding of, duties sometimes 
 made at the custom house, on account of 
 damages received by goods during impor- 
 tation or while in store. See Act Cong. 
 March 2, 1799, § 52; 1 Story, U. S. Laws, 
 617; Andrews, Rev. Laws, §§113, 162. 
 
 Of Legacies. The reduction of a leg- 
 acy, general or specific, on account of the 
 insufficiency of the estate of the testator to 
 pay his debts and legacies. When the es- 
 tate of a testator is insufficient to pay both 
 debts and legacies, it is the rule that the 
 general legacies must abate proportionably 
 to an amount sufficient to pay the debts. 
 See "Ademption." 
 
 ^Of Nuisances. The prostration or re- 
 moval of a nuisance, whether by action, or 
 summarily by an individual. 3 Bl. Comm. 
 5. See "Nuisance." 
 
 Of Taxes. A diminution or decrease in 
 
 the amount of tax imposed upon any person. 
 The provisions for securing this abatement 
 are entirely matters of statute regulation (5 
 Gray [Mass.] 365; 4 R. I. 313; 30 Pa. St. 
 227; 18 Ark. 380; 18 IlL 312), and vary in 
 the different states. 
 
 ABATEMENT OF FREEHOLD. Awrong- 
 ful entry by a stranger on lands of a 
 decedent before the heir or devisee has 
 taken possession. 3 Bl. Comm. 167. See, 
 also, "Amotion;' "Intrusion;" "Disseisin." 
 
 ABATOR. One who abates or destroys a 
 nuisance. 
 
 One who, having no right of entry, gets 
 possession of the freehold to the prejudice 
 of an heir or devisee, after the time when 
 
 the ancestor died, and before the heir or 
 devisee enters. Litt. § 397; Perk. § 383; 2 
 Prest. Abstr. 296, 300. See Adams, Ej. 43; 
 I Washb. Real Prop. 225. 
 
 ABATUDA. Anything diminished; as, 
 moneta abatuda, which is money clipped or 
 diminished in value. Cowell. 
 
 ABBACY. The government of a religious 
 house, and the revenues thereof, subject to 
 an abbot, as a bishopric' is to a bishop. 
 Cowell. 
 
 ABBREVIATE. In Scotch Jaw. An ab- 
 stract. Ersk. Inst. bk. 2, tit. 12, § 43. 
 
 ABBREVIATE OF ADJUDICATION. In 
 Scotch law. The recorded abstract of an 
 adjudication {q. v.) 
 
 ABBREViATiO PLACITORUiVl. An ab- 
 stract of ancient judicial records, prior to 
 the Year Books. See Steph. PL (7th Ed.) 
 410. 
 
 ABBREVIATION. A shortened form of a 
 word obtained by the omission of one or 
 more letters or syllables from the middle 
 or end of the word. 
 
 The abbreviations in common use in mod- 
 ern times consist of the initial letter or 
 letters, syllable or syllables, of the word. 
 Anciently, also, contracted forms of words, 
 obtained by the omission of letters inter- 
 mediate between the initial and final let- 
 ters, were much in use. These latter forms 
 are now more commonly designated by the 
 term "contraction." Abbreviations are of 
 frequent use in referring to text books, re- 
 ports, etc., and in indicating dates, but 
 should be very sparingly employed, if at 
 all, in formal and important legal docu- 
 ments. See 4 Car. & P. 51; 9 Coke, 48. No 
 part of an indictment should contain any 
 abbreviations except in cases where a fae 
 simile of a written instrument is necessary 
 to be set out. 1 East, 180, note. The va- 
 riety and number of abbreviations is as 
 nearly illimitable as the ingenuity of man 
 can make them, and the advantages arising 
 from their use are, to a great extent, coun- 
 terbalanced by the ambiguity and uncer- 
 tainty resulting from the usually inconsid- 
 erate selection which is made. 
 
 Abbreviations in judicial records do not 
 conform to requirements that proceedings 
 shall be conducted in the English language 
 unless they are so well known or so com- 
 monly used that they may be said to con- 
 stitute part of the language. Stein v. 
 Meyers, 253 111. 199. 
 
 As to abbreviations by which standard 
 textbooks, reports, etc., are cited, see table 
 in Appendix. 
 
 Abbreviations of ancient and less-known 
 authorities cited herein, see pp. v-viii, ante. 
 
 ABBREVIATIONUM ILLE NUMERUS ET 
 sensus acclplendus est, ut concesslo non sit 
 inanis. Such a number and sense is to De 
 given to abbreviations that the grant may 
 not fail. 9 Coke, 48. 
 
ABBREVIATORS 
 
 ABIDE THE EVENT 
 
 ABBREVIATORS. In ecclesiastical law. 
 Officers whose duty it is to assist in drawing 
 up the pope's briefs, and reducing petitions 
 into proper form, to'be converted into papal 
 bulls. 
 
 ABBROCHMENT. In old English law. 
 The forestalling of a market or fair. 
 
 ABDICATION. A renunciation; a putting 
 away; a renunciation of the sovereignty by 
 an incumbent thereof. 
 
 James II. of England, Charles V. of Ger- 
 many, and Christiana, Queen of Sweden, are 
 said to have abdicated. When James II. of 
 England left the the kingdom, the commons 
 voted that he had abdicated the government, 
 and that thereby the throne had become 
 vacant. The house of lords preferred the 
 word "deserted," but the commons thought 
 it not comprehensive enough, for then the 
 king might have the liberty of returning. 
 
 Also applied to the renunciation or sur- 
 render of any office, and in this sense it has 
 been distinguished from "resignation," the 
 latter being the giving up of an office to the 
 appointing power from whom it was re- 
 ceived, or who has the power to fill the 
 vacancy, while abdication is the renuncia- 
 tion of an office which was conferred by 
 act of law. See, however, 26 Barb. (N. Y.) 
 487. 
 
 ABDUCTION, 
 
 In England. By St. 3 Hen. VII c. 2, 
 
 the taking of any woman having property, 
 or being heir apparent thereto, to be mar- 
 ried or defiled. 
 
 Under a later statute (24 & 25 Vict, 
 c. 100), the taking of any woman, having 
 certain property or expectancies, to be mar- 
 ried or defiled ; the taking of such a woman, 
 being under the age of twenty-one years, 
 out of the possession of the person having 
 lawful charge of her; the taking of any 
 woman of any age by force, with intent to 
 cause her to be married or defiled; the tak- 
 ing of any unmarried girl, under the age of 
 sixteen years, out of possession of the per- 
 son having lawful possession of her; or the 
 taking of any child, under the age of four- 
 teen years, with intent to deprive its lawful 
 guardian of its custody. 
 
 In the United States. In most, if not 
 
 all, of the United States, the crime is regu- 
 lated by statute; but allowing for statutory 
 variations, the elements may be stated as: 
 (1) The taking, which must be by some af- 
 firmative act of force or persuasion. 6 
 Park. Cr. R. 129, 86 N. Y. 369. (2) From 
 the custody of a parent or guardian; but a 
 mere enticing for the forbidden purpose to a 
 place near her home, to which she is shortly 
 permitted to return, is sufficient. 90 III. 274. 
 In some states this is not essential. (3) For 
 the purpose of making the female a prosti- 
 tute or concubine, or of procuring her to 
 be forcibly married or defiled. The purposes 
 inhibited vary with the statutes, some of 
 
 the above being omitted, and in some states 
 that of fornication being added. The pur- 
 pose need not be accomplished. 4 N. Y. 
 Cr. R. 306; 5 N. Y. Cr. R. 61. (4) In some 
 states, the female is required to have been 
 of previous chaste character, or to be be- 
 low a given age. Where these elements 
 actually exist, defendant's ignorance of 
 them is no defense. 115 Mo. 480. 
 
 ABEARANCE. Behavior; as, a recogni- 
 zance to be of good abearance signifies to 
 be of good behavior. 4 Bl. Comm. 251, 256. 
 
 ABEREMURDER. In old English law. 
 An apparent, plain, or downright murder. It 
 was used to distinguish a willful murder 
 from chance-medley, or manslaughter. Spel- 
 man; Cowell; Blount. See "Homicide." 
 
 ABESSE (Lat.) In the civil law. To be 
 absent; to be away from a place. Said of a 
 person who was extra eontinentia urbis, be- 
 yond the suburbs of the city. 
 
 ABET. In criminal law. To encourage or 
 set another on to commit a crime. This 
 word is always applied to aiding the com- 
 mission of a crime. To abet another to 
 commit a murder is to command, procure, or 
 counsel him to commit it. Old Nat. Brev. 
 21; Co. Litt. 475. See "Accessary." 
 
 ABETMENT (Law Lat. abettum, abbet- 
 tum; Law Fr. abette). In old criminal law. 
 An encouraging or instigation. Staund. P. 
 C. lOr; Cowell; Blount. 
 
 ABETTATOR. See "Abettor." 
 
 ABETTOR. An instigator, or setter on; 
 one that promotes, procures, or assists in, 
 the commission of a crime; a principal in 
 the second degree. 
 
 The distinction between abettors and ac- 
 cessaries is the presence or absence at the 
 commission of the crime. Co. Litt. 475; 81 
 111. 333 ; 44 Iowa, 104. Presence and partici- 
 pation are necessary to constitute a person 
 an abettor. 4 Sharswood, Bl. Comm. 33; 1 
 Hall (N. Y.) 446; Russ. & R. 99; 9 Bing. N. 
 C. 440; 13 Mo. 382; 1 Wis. 159; 10 Pick. 
 (Mass.) 477. 
 
 ABEYANCE (Fr. a66a2/er, to expect). In 
 expectation, remembrance, and contempla- 
 tion of law ; the condition of a freehold when 
 there is no person in being in whom it is 
 vested. 
 
 In such cases, the freehold has been said 
 to be in nubibus (in the clouds), and in 
 gremio legis (in the bosom of the law). It 
 has been denied by some that there is such 
 a thing as an estate in abeyance. Fearne, 
 Cont. Rem. 513. See, also, the note to 2 
 Sharswood, Bl. Comm. 107. 
 
 ABIDE THE EVENT. A stipulation 
 that succeeding cases shall "abide the 
 event" of a named case means that such 
 cases shall abide the final outcome and end 
 of the litigation, and that the parties final- 
 
ABIDING BY 
 
 6 
 
 ABORTUS 
 
 ly successful in that case should be suc- 
 cessful in all. 35 111. App. 660. 
 
 ABIDING BY. In Scotch law. A judicial 
 declaration that the party abides by the 
 deed on which he founds, in an action where 
 the deed or writing is attacked as forged. 
 Unless this is done, a decree that the deed 
 is false will be pronounced. Paterson, Comp. 
 It has the effect of pledging the party to 
 stand the consequences of founding on a 
 forged deed. Bell, Diet. 
 
 ABIGEAT, A particular kind of larceny, 
 which is committed not by taking and carry- 
 ing away the property from one place to 
 another, but by driving a living thing away 
 with an intention of feloniously appropriat- 
 ing the same. 
 
 ABIGEATUS (Lat.) In the civil law. The 
 offense of stealing or driving away cattle. 
 Dig. 47, 14, 2. See "Abigeus." 
 
 ABIGEUS {liSit. abigere) . One who steals 
 cattle in numbers. 
 
 This is the common word used to denote 
 a stealer of cattle in large numbers, which 
 latter circumstance distinguishes the abi- 
 geus from the /ttr, who was simply a thief. 
 He who steals a single animal may be called 
 fur; he who steals a flock or herd is an 
 abigeus- The word is derived from aMgere, 
 to lead or drive away, and is the same in 
 signification as abactor, abigeatores, abiga- 
 tores, abigei. Du Cange; Guyot, Rep. Univ.; 
 4 Bl. Comm. 239. 
 
 A distinction is also taken by some writers 
 depending upon the place whence the cat- 
 tle are taken; thus, one who takes cattle 
 from a stable is called fur. Calv. Lex, 
 "Abigei." 
 
 ABILITY. In divorce law. Power of hus- 
 band to provide, as element of wife's right 
 to alimony. It is sometimes called "facul- 
 ty." 
 
 ABISHERSING. Quit of amercements. It 
 originally signified a forfeiture or amerce- 
 ment, and is more properly Tnishering, mish- 
 ersing, or miskering, according to Spelman. 
 It has since been termed a liberty of free- 
 dom, because, wherever this word is used 
 in a grant, the persons to whom the grant 
 is made have the forfeitures and amerce- 
 ments of all others, and are themselves free 
 from the control of any within their fee. 
 
 ABJUDICATIO (Lat. abjudicare). A re- 
 moval from court. Calv. Lex. It has the 
 same signification as foris judicatio, both in 
 the civil and canon law. Co. Litt. 100b; 
 Calv. Lex. 
 
 ABJURATION (Lat. abjuratio, from abju- 
 rare, to abjure, to forswear or renounce on 
 oath). A renunciation of allegiance, upon 
 oath. Sometimes loosely used in the sense 
 of "abandonment." 
 
 ABLE BODIED. Ability to perform work 
 usually performed by able-bodied men. The 
 existence of a slight disability not resulting 
 in impairment is immaterial. 29 111. App. 
 382. 
 
 ABLEGATI. Papal ambassadors Of the 
 second rank, who are sent with a less exten- 
 sive commission to a court where there are 
 no nuncios. This title is equivalent to "En- 
 voy" (q. V.) 
 
 ABLOCATIO, or ABLOCATION. A let- 
 ting out to hire for money. Wharton. 
 
 ABODE. Dwelling place. See "Resi- 
 dence." 
 
 ABOLITION (Lat. abolitio, from abolere, 
 to utterly destroy). The extinguishment, 
 abrogation, or annihilation of a thing. 
 
 In the civil, French, and German law, abo- 
 lition is used nearly synonymously with par- 
 don, remission, grace. Dig. 39. 4. 3. 3. There 
 is, however, this difference: Grace is the 
 generic term; pardon, according to those 
 laws, is the clemency which the prince ex- 
 tends to a man who has participated in a 
 crime, without being a principal or accom- 
 plice; remission is made in cases of invol- 
 untary homicides and self-defense. Aboli- 
 tion is different, — it is used when the crime 
 cannot be remitted. The prince then may, 
 by letters of abolition, remit the punish- 
 ment, but the infamy remains, unless letters 
 of abolition have been obtained before sen- 
 tence. Enc. D'Alembert. 
 
 ABONDANCE (Law Ft.) In old practice. 
 Surplusage. Y. B. P. 7 Hen. VI. 12. 
 
 ABORDAGE (Fr.) The collision of ves- 
 sels. 
 
 ABORTION. The expulsion of the foetus 
 at a period of utero gestation so early that 
 it has not acquired the power of sustaining 
 an independent life. 
 
 It may be either innocent, as when acci- 
 dental, or criminal. Criminal abortion is 
 the willful production of the miscarriage of 
 a pregnant woman, whether by the adminis- 
 tration of drugs, or the use of instruments, 
 or other means, the same not being neces- 
 sary to save her life. At common law, the 
 woman must have been quick with child 
 (78 Ky. 204; 63 Mich. 229), but this is no 
 longer necessary (49 Iowa, 260; 33 Me. 48; 
 83 N. C. 360; 45 Ark. 333). It is an aggra- 
 vation of the offense, and in some states 
 constitutes manslaughter, if the death of the 
 woman is produced. 
 
 ABORTIVE TRIAL. A term descriptive 
 of the result when a case has gone off, and 
 no verdict has been pronounced, without the 
 fault, contrivance, or management of the 
 parties. Jebb & B. 51. 
 
 ABORTUS. The fruit of an abortion; the 
 child born before its time, incapable of life. 
 
ABOUT 
 
 ABSENTEM ACCIPERE 
 
 ABOUT. In contiguity or proximity to; 
 not far from; in connection with; nigh; 
 near; in concern with; engaged in; dealing 
 with; occupied upon (155 III. 228) ; nearly; 
 in close correspondence to; in the imme- 
 diate neighborhood of (118 111. App. 190). 
 
 The word gives a margin for a moderate 
 excess in or diminution of the quantity men- 
 tioned and negatives the idea that exact 
 precision is intended. 198 111. 325. 
 
 ABOUTISSEMENT (Fr.) An abuttal or 
 abutment. See Guyot, Rep. Univ. "Aboutis- 
 sans." 
 
 ABOVE. Higher; superior; as, court 
 above; bail above. 
 
 ABRIDGE. In practice. To shorten a 
 declaration or count by taking away or sev- 
 ering some of the substance of it. Brooke, 
 Abr. "Abridgment;" Comyn, Dig. "Abridg- 
 ment;" 1 Viner, Abr. 109. 
 
 To abridge a plaint is to strike out a part 
 of the demand, and pray that the tenant 
 answer to the rest. This was allowable 
 generally in real actions where the writ was 
 de libera tenemento, as assize, dower, etc., 
 where the demandant claims land of which 
 the tenant was not seized. See 1 Wm. 
 Saund. 207, note 2; 2 Wm. Saund. 24, 330; 
 Brooke, Abr. "Abridgment;" 1 Pet. (U. S.) 
 74; Stearns, Real Actions, 204. 
 
 To abridge damage is to reduce the same 
 after the rendition of the verdict. 
 
 ABRIDGMENT. An epitome or compen- 
 dium of another and larger work, wherein 
 the principal ideas of the larger work are 
 summarily contained. 
 
 ABROGATION. The destruction of or an- 
 nulling a former law by an act of the legis- 
 lative power, or by usage. 
 
 It is a total annulment, as distinguished 
 from derogation, which is a repeal of part. 
 Abrogation may be express or implied. 
 
 Express Abrogation. That literally 
 
 pronounced by the new law either in general 
 terms, as when a final clause abrogates or 
 repeals all laws contrary to the provisions 
 of the new one, or in particular terms, as 
 where it abrogates certain preceding laws, 
 which are named. 
 
 Implied Abrogation. That which takes 
 
 place when the new law contains provisions 
 which are positively contrary to the former 
 laws, without expressly abrogating such 
 laws ; for it is a maxim, Posteriora derogant 
 prioribus (10 Mart. [La.] 172, 560); and 
 also when the order of things for which the 
 law had been made no longer exists, and 
 hence the motives which had caused its en- 
 actment have ceased to operate, Ratione 
 legis omnino cessante cessat lex. Toullier, 
 Dr. Civ. tit. prel. § 11, note 151; Merlin, 
 Repert. 
 
 ABSCOND. To go in a clandestine man- 
 ner out of the jurisdiction of the courts, or 
 
 to lie concealed, in order to avoid their 
 process. 
 
 ABSCONDING DEBTOR. One who ab- 
 sconds from his creditors. 
 
 The statutes of the various states, and 
 the decisions upon them, have determined 
 who shall be treated in those states, respect- 
 ively, as absconding debtors, and liable to 
 be proceeded against as such. A person 
 who has been in a state only transiently, 
 or has come into it without any intention 
 of settling therein, cannot be treated as an 
 absconding debtor (2 Gaines [N. Y.] 318; 
 15 Johns. [N. y.] 196; 4 Watts [Pa.] 422) ; 
 nor can one who openly changes his resi- 
 dence (3 Yerg. [Tenn.] 414; 5 Conn. 117). 
 For the rule in Vermont, see 2 Vt. 489; 6 
 Vt. 614. It is not necessary that the debtor 
 should actually leave the state. 7 Md. 209. 
 
 ABSENCE. The state of being away from 
 one's domicile or usual place of residence. 
 
 In its specific applications, particular 
 qualifications are usually added. Thus, to 
 toll the statute of limitations, the absence 
 must generally be from the jurisdiction. 
 To raise a presumption of death, the where- 
 abouts of the absent person must be un- 
 known, and the absence must continue a 
 certain time, — usually seven years. 
 
 The word "absent" conveys the idea of a 
 temporary condition, and the probability of 
 return. 35 111. App. 124. 
 
 In Scotch Law. Default of appearance. 
 
 ABSENTE (Lat. ablative of absens). Be- 
 ing absent. A common term in the old re- 
 ports. "The three justices, absente North, 
 G. J., were clear of opinion." 2 Mod. 14. 
 
 ABSENTEE. One who absents himself 
 from a state, from his residence, or from 
 an office or place where official duty is to 
 be performed. Applied to a landlord who 
 resides in a country other than that from 
 which he draws his rents. McCulloch, Polit. 
 Econ. 
 
 In Louisiana Practice. Either a non- 
 resident or a resident who has departed 
 from the state, leaving no one to represent 
 him. 14 La. 447; 15 La. 81; 16 La. Ann. 
 390. 
 
 A resident temporarily absent, but retain- 
 ing his domicile, so that service may be 
 made on him there, is not an absentee. 16 
 La. Ann. 390; 18 La. Ann. 695. 
 
 A curator ad hoc (q. v.) may be appointed 
 for an absentee. 
 
 ABSENTEES, or DES ABSENTEES. The 
 name of a parliament held at Dublin, 10th 
 May, 8 Hen. VIII. 
 
 ABSENTEM ACCIPERE DEBEMUS EUM 
 qui non est eo loci in quo petltur. We must 
 call him absent who is not in that place in 
 which he is sought. Dig. 50. 16, 199. 
 
ABSENTib EJUS QUI 
 
 8 
 
 ABSTRACT 
 
 ABSENTIO EJUS QUI REIPUBLICAE 
 cause abest, nequ* el neque alii damnosa 
 esse debet. The absence of him who Is 
 employed in the service of the state ought 
 not to be prejudicial to him nor to others. 
 Dig. 50. 17. 140. 
 
 ABSOILE. To pardon; to deliver from 
 excommunication. Stamford, P. C. 72; Kel- 
 ham. Sometimes spelled assoile (q. v.) 
 
 ABSOLUTA SENTENTIA EXPOSITORE 
 
 non indlget. An absolute, unqualified sen- 
 tence (or proposition) needs no expositor. 
 2 Inst. 533. 
 
 ABSOLUTE (Lat. absolvere) . Complete; 
 perfect; final; without any condition or in- 
 cumbrance; as an absolute bond (simplex 
 obligatio), in distinction from a conditional 
 bond. 
 
 Absolute Estate. One that is free 
 
 from all manner of condition or incum- 
 brance. See "Condition." 
 
 Absolute Rule. One which, on the 
 
 hearing, has been confirmed and made final. 
 
 Absolute Conveyance. One conveymg 
 
 unconditional title, as distinguished from 
 a mortgage or other conditional conveyance. 
 1 Powell, Mortg. 125. 
 
 Absolute Rights. Such as appertain 
 
 and belong to particular persons merely as 
 individuals or single persons, as distin- 
 guished from relative rights, which are in- 
 cident to them as members of society. 1 
 Sharswood, Bl. Comm. 123; 1 Chit. PI. 364; 
 1 Chit. Prac. 32. 
 
 Absolute Property. Where a man hath 
 
 solely aiid exclusively the right and also 
 the occupation of movable chattels; distin- 
 guished from a qualified property, as that of 
 a bailee. 2 Sharswood, Bl. Comm. 388; 2 
 Kent, Comm. 347. It includes not only the 
 property, but the right to an immediate and 
 unqualified possession. 7 Barb. (N. Y.) 590. 
 
 Absolute Covenant. One which is un- 
 conditional or unqualified. 
 
 , Absolute Interest. One which is so 
 
 completely vested in the individual that he 
 can by no contingency be deprived of it 
 without his own consent. 
 
 However, the use of the word "absolute" 
 in a deed may be so limited by the context 
 that it may be used in connection with an 
 interest in property without being regard- 
 ed as the equivalent of "unqualifiedly." 196 
 111. 87. 
 
 Absolute Law. The law of nature, 
 
 which alone is immutable in theory. 1 
 Steph. Comm. 21 et seq. 
 
 Absolute Warrandice. In Scotch law. 
 
 A warranty against all incumbrances what- 
 ever. 1 Kames, Eq. 290, 293. 
 
 ABSOLUTION. 
 
 In Civil Law. A sentence whereby a 
 
 party accused is declared innocent of the 
 crime laid to his charge. 
 
 In Canon Law. A juridical act, where- 
 by the clergy declare that the sins of such 
 
 as are penitent are remitted. The formula 
 of absolution in the Roman Church is 
 absolute; in the Greek Church it is de- 
 precatory; in the Reformed Churches, de- 
 claratory. Among Protestants it is chiefly 
 used for a sejitence by which a person who 
 stands excommunicated is released or freed 
 from that punishment. Enc. Brit. 
 
 In French Law. The dismissal of an 
 
 accusation. 
 
 The term "acquitment" is employed when 
 the accused is declared not guilty, and "ab- 
 solution" when he is recognized as guilty, 
 but the act is not punishable by law, or he 
 is exonerated by some defect of intention or 
 will. 
 
 ABSOLUTISM. That government in 
 which public power is vested in some per- 
 son or persons, unchecked and uncontrolled 
 by any law or institution. 
 
 The word was first used at the beginning 
 of this century, in Spain, where he who 
 was in favor of the absolute power of the 
 king, and opposed to the constitutional sys- 
 tem introduced by the Cortes during the 
 struggle with the French, was called abso- 
 lutista, 
 
 ABSQUE. In Latin phrases. A preposi- 
 tion denoting without, or except for. 
 
 ABSQUE ALIQUO INDE REDDENDO 
 
 (Lat. without reserving any rent there- 
 from). A term used of a free g^rant by the 
 crovra. 2 RoUe, Abr. 502. 
 
 ABSQUE CONSIDERATIONE CURIAE 
 (Lat.) In old practice. Without the con- 
 sideration of the court; without judgment. 
 St. Marlb., cited in Fleta, lib. 2, c. 47, § 13. 
 
 ABSQUE HOC (Lat.) Without this. See 
 "Traverse." 
 
 ABSQUE IMPETITIONE VASTI (Lat. 
 without impeachment of waste) . A term in- 
 dicating freedom from any liability on the 
 part of the tenant or lessee to answer in 
 damages for the waste he may commit. 
 See "Waste." 
 
 ABSQUE TALI CAUSA (Lat. without 
 such cause) . In pleading. A form of repli- 
 cation in an action ex delicto, which works 
 a general denial of the whole matter of the 
 defendant's plea of de injuria. Gould, PI. c. 
 7, § 10. 
 
 ABSTENTION. In French Law. The tacit 
 renunciation of a succession by an heir. 
 Merlin, Repert. 
 
 ABSTRACT. An abridgment or synopsis. 
 In appellate practice, A condensed state- 
 ment of the evidence or record. 
 
 Of a Fine. An abstract of the writ of 
 
 covenant and the concord; naming the par- 
 ties, the parcel of land, and the agreement. 
 2 Bl. Comm. 351. 
 
ABUNDANS CAUTELA 
 
 ACCEDAS AD CURIAM 
 
 Of a Title. A brief account of all the 
 
 deeds upon which the title rests. A synop- 
 sis of the distinctive portions of the various 
 instruments which constitute the muni- 
 ments of title. See Prest. Abstr.; Wharton. 
 
 ABUNDANS CAUTELA NON NOCET. 
 Abundant caution does no harm. 11 Coke, 
 6; Fleta, lib. 1, c. 28, §1. 
 
 ABUSE. Everything which is contrary to 
 good order established by usage. Merlin, 
 Eepert. 
 
 Among the civilians, abuse has another 
 signification, which is the destruction of the 
 substance of a thing in using it. For ex- 
 ample, the borrower of wine or grain abuses 
 the article lent by using it, because he 
 cannot enjoy it without consuming it. 
 
 Of Distress. The using an animal or 
 
 chattel distrained, which makes the dis- 
 trainer liable as for a conversion. 
 
 Of Female Child. Carnal knowledge. 
 
 See "Rape." 
 
 Of Process. There is an abuse of pro- 
 cess when an adversary, through the mali- 
 cious and unfounded use of some regular 
 legal proceeding, obtains some advantage 
 over his opponent. Wharton. See 63 How. 
 Pr. (N. Y.) 326; 15 App. Div. (N. Y.) 205. 
 
 Process is abused when employed to ac- 
 complish some purpose which the process 
 was not intended by law to eilect, or where 
 used in the mode and manner designed by 
 law, but with an ulterior purpose to effect 
 some unlawful collateral end, the legal use 
 of it being but ostensible, while the real 
 design was to pervert its force and effi- 
 ciency to the success of the unlawful col- 
 lateral design. 52 111. App. 38. 
 
 ABUT. To reach; to touch. In old law, 
 the ends were said to abut, the sides to 
 adjoin. Cro. Jac. 184. 
 
 To take a new direction; as where a 
 bounding line changes its course. Spelman, 
 voc. "Abuttare." In the modern law, to 
 bound upon. 2 Chit. PI. 660. 
 
 ABUTTALS (Fr.) The buttings or bound- 
 ings of lands, showing to what other lands, 
 highways, or places they belong or are abut- 
 ting. Termes de la Ley. 
 
 ABUTTER. The owner of land abutting 
 on a public street, in the bed of which the 
 owner has no title or private right except 
 such as are incident to a lot so situated. 122 
 N. Y. 1; 130 N. Y. 14. 
 
 An abutter has two distinct kinds of 
 rights in a highway, — those which he enjoys 
 in common with all citizens, and those which 
 arise from his ownership of contiguous 
 property. 130 N. Y. 618. 
 
 He may or may not own the fee in the 
 street, and his rights of the second class 
 vary according to this fact. 131 N. Y. 293. 
 
 AC ETIAIVI. (Lat. and also.) The intro- 
 duction to the statement of the real cause 
 
 of action, used in those cases where it was 
 necessarjr to allege a fictitious cause of ac- 
 tion to give the court jurisdiction, and also 
 the real cause in compliance with the stat- 
 utes. It was first used in the king's bench, 
 and was afterwards adopted by Lord C. J. 
 North in addition to the clausum fregit writs 
 of his court upon which writs of capias 
 might issue. He balanced a while whether 
 he should not use the words wee non instead 
 of ac etiwnL See Burgess, Ins. 149-157; 3 
 Sharswood, Bl. Comm. 288. 
 
 AC ETIAM BiLLAE (Law Lat. and also 
 to a bill). The initial words of a clause in- 
 serted in a writ of capias ad respondendum,. 
 where bail is required, in order to express 
 the true cause of action; the writ requiring 
 the defendant "to answer the plaintiff of a 
 plea of trespass, and also to a bill of tha 
 plaintiff" against the defendant, for what- 
 ever the real cause of action may be. 3 Bl. 
 Comm. 288; Id. Append. No. 3, § 3. See 
 "Capias ad Respondendum." This clause is 
 now dispensed with in the process of the 
 English courts. St. 2 Wm. IV. c. 39. See 
 "Bill." 
 
 AC SI (Lat.) As if. Towns. PI. 23, 27. 
 There words frequently occur in old Eng- 
 lish statutes. Lord Bacon expounds their 
 meaning in the statute of uses: "The stat- 
 ute gives entry, not simpliciter, but with an 
 ac si." Bac. Read. Uses, Works, iv. 195. 
 
 ACAPTE. In French feudal law. A spe- 
 cies of relief; a seignorial right due on 
 every change of a tenant. A feudal right 
 which formerly prevailed in Languedoc and 
 Guyenne, being attached to that species of 
 heritable estates which were granted on the 
 contract of emphyteusis. Guyot, Inst. Feud, 
 c. 5, § 12. 
 
 ACCAPITARE, ACAPITARE, or ACAP- 
 tare (Law Lat.) From caput, head, or chief. 
 
 (1) To pay homage to a chief lord, on 
 becoming his vassal. Bracton, fol. 78n; 
 Fleta, lib. 3, c. 16, § 6, 
 
 (2) To acknowledge the sovereignty of 
 a chief lord in special cases, as against a 
 mesne; to attorn (acapitare et se atturn- 
 are). Bracton, fol. 389a; Fleta, lib. 3, c. 
 16, § 38; Id. lib. 6, c. 28, § 1. 
 
 (3) To attorn to another person than 
 the chief lord, and in derogation of his 
 rights. Fleta, lib. 2, c. 50, § 16. 
 
 ACCEDAS AD CURIAM (Lat. that you 
 go to court). In English law. An original 
 writ issuing out of chancery and directed 
 to the sheriff, for the purpose of removing 
 a replevin suit from the hundred court or 
 court baron before one of the superior 
 courts of law. It directs the sheriff to go 
 to the lower court, and there cause the 
 plaint to be recorded, and to return, etc. 
 See Fitzh. Nat. Brev. 18; Dyer, 169. 
 
ACCEDAS AD VICE 
 
 10 
 
 ACCESSARY 
 
 ACCEDAS AD VtCE COM ITEM (Lat. that 
 you go to the sheriff) . In English law. A 
 writ directed to the coroner, commanding 
 him to deliver a writ to the sheriff, who sup- 
 presses a pone which has been delivered to 
 him, which commands the latter officer to 
 return the pone. 
 
 ACCELERATION. An estate Is said to 
 be accelerated when it is reduced to posses- 
 sion by the extinguishment of the precedent 
 estate sooner than it would have been in 
 the due course of events. 
 
 Thus a remainder is said to be "ac- 
 celerated" when the first taker is incapable 
 of taking or refuses to take. 
 
 ACCEPTANCE (Lat. acdpere). 
 
 Of Property. The receipt of a thing 
 
 offered by another with an intention to re- 
 tain it, indicated by some act sufficient for 
 the purpose. 2 Pars. Cont. 221. 
 , Tile element of receipt must enter into 
 every acceptance, though receipt does not 
 necessarily mean, in this sense, actual man- 
 ual taking. To this element there must be 
 added an intention to retain. This reten- 
 tion may exist at the time of the receipt, or 
 subsequently; it may be indicated by words, 
 or acts, or any medium understood by the 
 parties; and an acceptance of goods will 
 be implied from mere detention, in many 
 instances. 
 
 An acceptance involves very generally 
 the idea of a receipt in consequence of a 
 previous undertaking, on the part of the 
 person offering, to deliver such a thing as 
 the party accepting is in some manner 
 bound to receive. It is through this mean- 
 ing that the term "acceptance," as used in 
 reference to bills of exchange, has a rela- 
 tion to the more general use of the term; 
 As distinguished from "assent," acceptance 
 would denote receipt of something in com- 
 pliance and satisfactory fulfillment of a con- 
 tract to which assent has been previously 
 given. See "Assent." 
 
 Of Bills of Exchange. An engagement 
 
 to pay the bill in money when due. 4 East, 
 72; 19 Law J. 297. 
 
 Acceptances of bills of exchange are: 
 
 (1) Absolute, being a positive engage- 
 ment to pay the bill according to its tenor. 
 
 (2) Conditional, being an undertaking 
 to pay the bill on a contingency. 
 
 (3) Partial, being one varying from the 
 tenor of the bill. 
 
 (4) Qualified, being either conditional 
 or partial. 
 
 (5) Supra protest, being the acceptance 
 of the bill after protest for nonacceptance 
 by the drawee, for the honor of the drawer, 
 or a particular indorser. 
 
 They are also either: 
 
 (6) Express, being an undertaking in 
 direct and express terms to pay the bill. 
 
 (7) Implied, being an undertaking to 
 pay the bill inferred from acts of a charac- 
 ter fairly to warrant such an inference. 
 
 ACCEPTANCE AU BESOIN. In French 
 law. Acceptance in case of need. See "Au 
 Besoin." 
 
 ACCEPTARE (Lat.) 
 
 —In Old Pleading. To accept. Accep- 
 tavit, he accepted. 2 Strange, 817. Non ac- 
 ceptavit, he did not accept. 4 Man. & G. 7. 
 
 In the Civil Law. To accept; to as- 
 sent; to assent to a promise made by an- 
 other. Grotius de Jure Belli, lib. 2, c. 11, 
 § 14. 
 
 ACCEPTILATION. In civil law. A re- 
 lease made by a creditor to his debtor of 
 his debt, without receiving any considera- 
 tion. Ayliflfe, Pand. tit. 26, p. 570. It is a 
 species of donation, but not subject to the 
 forms of the latter, and is valid unless in 
 fraud of creditors. Merlin, Repert. 
 
 ACCEPTOR. The party who accepts a 
 bill of exchange. 3 Kent, Comm. 75. 
 
 The party who undertakes to pay a bill 
 of exchange in the first instance. 
 
 ACCEPTOR SUPRA PROTEST. A party 
 who accepts a bill which has been protest- 
 ed, for the honor of the drawer or any one 
 of the indorsers. 
 
 ACCESS. Approach, or the means or 
 power of approaching. The right of the oc- 
 cupant of land to pass from his premises to 
 a highway. 
 
 Sometimes by access is understood sexual 
 intercourse; at other times, the opportunity 
 of communicating together, so that sexual 
 intercourse may have taken place, is also 
 called access. In this sense, a man who 
 can readily be in company with his wife is 
 said to have access to her, and in that case 
 her issue are presumed to be his issue; but 
 this presumption may be rebutted by posi- 
 tive evidence that no sexual intercourse 
 took place. 1 Turn. & R. 141. 
 
 ACCESSARY. In criminal law. He who 
 is not the chief actor in the perpetration of 
 the offense, nor present at its performance, 
 but is some way concerned therein, either 
 before or after the fact committed. 
 
 Before the Fact. One who, being ab- 
 sent at the time of the crime committed, 
 yet procures, counsels, or commands anoth- 
 er to commit it. 1 Hale, P. C. 615. 
 
 The essentials are: 
 
 (1) Absence from the scene of the crime. 
 9 Pick. (Mass.) 496. 
 
 (2) Actual procurement, counsel, or 
 command; bare permission (1 Hale, P. C. 
 616) or failure to disclose a known intent 
 to commit crime (7 Tex. App. 549) not be- 
 ing enough. 
 
 (3) A criminal intent. 157 Pa. St. 13. 
 After the Fact. One who, knowing a 
 
 felony to have been committed, receives, re- 
 lieves, comforts, or assists the felon. 4 Bl. 
 Comm. 37. The essentials are: 
 
ACCESSARY TO ADULTERY 
 
 11 
 
 ACCESSORY CONTRACTS 
 
 (1) The commission of a crime by the 
 principal. 39 Miss. 702. 
 
 (2) Knowledge thereof by the alleged 
 ' accessary. 42 Ga. 22. 
 
 (3) Assistance rendered to the principal 
 personally. 26 Grat. (Va.) 952. 
 
 ACCESSARY TO ADULTERY. In di- 
 vorce law. A spouse who directly com- 
 mands or procures the commission of adul- 
 tery by the other. It is a stronger term 
 than "conniver," which implies mere ac- 
 quiescence, but is practically unused in 
 America, "connivance" being used to denote 
 all noncollusive participation. 
 
 ACCESS 10 (Lat an accession). An in- 
 crease or addition ; that which lies next to a 
 thing, and is supplementary and necessary 
 to the principal thing; that which arises or 
 is produced from the principal thing. Calv. 
 Lex. 
 
 A manner of acquiring the property in a 
 thing which becomes united with that which 
 a person already possesses. 
 
 The doctrine of property arising from ac- 
 cessions is grounded on the rights of occu- 
 pancy. It is said to be of six kinds in the 
 Roman law : 
 
 (1) That which assigns to the owner of 
 a thing its products, as the fruit of trees, 
 the young of animals. 
 
 (2) That which makes a man the owner 
 of a thing which is made of another's prop- 
 erty, upon payment of the value of the ma- 
 terial taken. See, also, Civ. Code La. art. 
 491. As where wine, bread, or oil is made 
 of another man's grapes, olives, or wheat. 
 2 Sharswood, Bl. Comm. 404; 10 Johns. (N. 
 Y.) 288. 
 
 (3) That which gives the owner of land 
 new land formed by gradual deposit. See 
 "Alluvion." 
 
 (4) That which gives the owner of a 
 thing the property in what is added to it 
 by way of adorning or completing it; as, if 
 a tailor should use the cloth of B. in repair- 
 ing A.'s coat, all would belong to A., but B. 
 would have an action against both A. and 
 the tailor for the cloth so used. This doc- 
 trine holds in the common law. Moore, 20; 
 Poph. 38; Brooke, Abr. "Propertiae," 23. 
 
 (5) That which gives islands formed in 
 a stream to the owner of the adjacent lands 
 on either side. 
 
 (6) That which gives a person the prop- 
 erty in things added to his own so that they 
 cannot be separated without damage. Guy- 
 ot. Rep. Univ. 
 
 An accessary obligation, and sometimes 
 also the person who enters into an obliga- 
 tion as surety in which another is principal. 
 Calv. Lex. 
 
 ACCESSION. 
 
 To Property. The right to all which 
 
 one's own property produces, whether that 
 property be movable or immavable, includ- 
 ing the increase of animals, and the right to 
 that which is so united to it, either naturally i 
 
 or artificially, as not to be readily separable. 
 See 45 Vt. 4; 2 Kent, Comm. 360; 2 Bl. 
 Comm. 404. See "Confusion of Goods." 
 
 It is sometimes used in a narrower sense, 
 as including only the acquirement by the 
 owner of property of that which is added 
 to or incorporated with it, as by the erec- 
 tion of additions to a building, the setting 
 out of trees, etc., and in this sense is to be 
 distinguished from "specification," which 
 is the transformation of property into an- 
 other species by the labor of another, as 
 by the sawing of trees into lumber. See 2 
 Bl. Comm. 404. 
 
 Distinction between "accession" and "con- 
 fusion," see "Confusion of Goods." 
 
 In International Law. The absolute 
 or conditional acceptance, by one or several 
 states, of a treaty already concluded be- 
 tween other sovereignties. Merlin, Repert. 
 
 ACCESSION, DEED OF. In Scotch law. 
 A deed executed by the creditors of a bank- 
 rupt or insolvent debtor, by which they ap- 
 prove of a trust given by their debtor for 
 the general behoof, and bind themselves to 
 concur in the plans proposed for extricat- 
 ing his affairs. Bell, Diet. 
 
 ACCESSORIUM NON DUCIT SED SEQUI- 
 tur suum princlpale. The principal draws 
 after it the accessory, not the accessory the 
 principal. Co. Litt. 152a, 389a; 5 El. Bl. 
 772; Broom, Leg. Max. (3d London Ed.) 
 433. Literally, the accessory does not draw, 
 but follows, its principal. 
 
 ACCESSORIUS SEQUITUR NATURAM 
 sul principalis. An accessory follows the 
 nature of his principal. Coke, 3d Inst. 139; 
 4 Sharswood, Bl. Comm. 36; Broom, Leg. 
 Max. (3d London Ed.) 440. 
 
 ACCESSORY. Anything which is joined 
 to another thing as an ornament, or to ren- 
 der it more perfect. For example, the hal- 
 ter of a horse, the frame of a picture, the 
 keys of a house, and the like, each belong 
 to the principal thing. The sale of the ma- 
 terials of a newspaper establishment will 
 carry with it, as an accessory, the sub- 
 scription list (2 Watts [Pa.] Ill) ; but a 
 bequest of a house would not carry the 
 furniture in it, as accessory to it (Domat, 
 Civ. Law, p. 2, liv. 4, tit. 2, § 4, note 1). Ac- 
 cessorium non ducit, sed sequitur prindpale. 
 Co. Litt. 152a. 
 
 Used, also, in the same sense as "Acces- 
 sary" (q. V.) 
 
 ACCESSORY ACTIONS. In Scotch law. 
 Those which are in some degree subser- 
 vient to others. Bell, Diet. 
 
 ACCESSORY CONTRACTS. Those made 
 for assuring the performance of a prior 
 contract, either by the same parties or by 
 others; such as suretyship, mortgages, and 
 pledges. 
 
' ACCESSORY. OBLIGATIONS 
 
 12 
 
 ACCORD 
 
 ACCESSORY OBLIGATIONS. In Scotch 
 law. Obligations to antecedent or primary 
 obligations, such as obligations to pay inter- 
 est, etc. Ersk. Inst. lib. 3, tit. 3, § 60. 
 
 ACCIDENT (Lat. aecidere, — ad, to, and 
 cadere, to fall). An event which, under the 
 circumstances, is unusual and unexpected 
 by the person to whom it happens. 
 
 The happening of an event without the 
 concurrence of the will of the person by 
 whose agency it was caused; or the happen- 
 ing of an event without any human agency. 
 32 Conn. 85. See "Inevitable Accident." 
 
 In Equity Practice. Such an unfore- 
 seen event, misfortune, loss, act, or omission 
 as is not the result of any negligence or 
 misconduct in the party. Story, Eq. Jur. 
 § 78; 85 Conn. 198. 
 
 An occurrence in relation to a contract 
 which was not anticipated by the parties 
 when the same was entered into, and which 
 gives an undue advantage to one of them 
 over the other in a court of law. Jeremy, 
 Eq. 358. This definition is objected to, be- 
 cause, as accidents may arise in relation to 
 other things besides contracts, it is inac- 
 curate in confining accidents to contracts; 
 besides, it does not exclude cases of un- 
 anticipated occurrences resulting from the 
 negligence or misconduct of the party seek- 
 ing relief. See, also, 1 Spence, Eq. Jur. 
 628. 
 
 An unforeseen or unexpected event occur- 
 ring external to the party affected by it, 
 and of which his own agency is not the 
 proximate cause, whereby, contrary to his 
 own intention and wish, he loses some right 
 which it would be a violation of good con- 
 science for the person obtaining to retain. 
 2 Pom. Eq. Jur. § 823. 
 
 It differs from "mistake" in that the lat- 
 ter is based on a voluntary action of the 
 person affected under a mistaken Impres- 
 sion. 
 
 ACCION, or ACCYOUN (Law Fr.) An 
 action. Kelham. Accion sur le cas, an ac- 
 tion on the case. 
 
 ACCIPERE QUID UT JUSTITIAM FA- 
 clas, non est tarn acclpere quam extorquere. 
 To accept anything as a reward for doing 
 justice is rather extorting than accepting. 
 Lofft, 72. 
 
 ACCIPITARE. To pay relief to lords of 
 manors. Capitali domino accipitare, i. e., to 
 pay a relief, homage, or obedience to the 
 chief lord on becoming his vassal. Fleta, 
 lib. 2, c. 50. 
 
 ACCO (Law Lat.) An abbreviation of 
 actio. Towns. PL 26. 
 
 ACCO LA, 
 
 In the Civil Law. One who inhabits 
 
 or occupies land near a place, as one who 
 dwells by a river, or on the bank of a river. 
 Dig. 43. 13. 3. 6. 
 
 In Feudal Law. A husbandman; an 
 
 agricultural tenant; a tenant of a manor. 
 Spelman. A name given to a class of vil- 
 leins in Italy. Barr. Obs. St. 302. 
 
 ACCOMENDA. A contract which takes 
 place when an individual intrusts personal 
 property with the master of a vessel, to be 
 sold for their joint account. In such case, 
 two contracts take place, — ^the contract 
 called mandatum, by which the owner of the 
 property gives the master power to dispose 
 of it, and the contract of partnership, in vir- 
 tue of which the profits are to be divided be- 
 tween them. One party runs the risk of 
 losing his capital; the other his labor. If 
 the sale produces no more than first cost, 
 the owner takes all the proceeds; it is only 
 the profits which are to be divided. Emerig. 
 Mar. Loans, § .5. 
 
 ACCOMMODATION. A contract or obli- 
 gation made or assumed as a favor, and not 
 on a consideration. 
 
 ACCOMMODATION LANDS. A name 
 given in England to lands obtained or im- 
 proved for the purpose of augmenting the 
 value of other lands. 
 
 ACCOMMODATION PAPER. A negotia- 
 ble instrument made or indorsed without 
 consideration for the benefit of another. 
 
 ACCOMMODATION PARTY. One who 
 
 has signed the instrument as maker, draw- 
 er, acceptor, or indorser without receiving 
 value therefor, and for the purpose of lend- 
 ing his name to some other person. Neg. 
 Inst. Law N. Y, § 55. 
 
 ACCOMMODATION ROAD. One con- 
 structed to give access to a particular tract 
 of land. 
 
 ACCOMMODATION WORKS. The name 
 given to the facilities, such as gates and 
 culverts, which a railroad company in Eng- 
 land, which has acquired property by emi- 
 nent domain, is required by, section 68 of 
 the act of 1845 to construct for the benefit 
 of the adjoining owners, 
 
 ACCOMPLICE (Lat. ffld and compZtcare, — 
 con, with, together; plicare, to fold, to wrap, 
 — to fold together). 
 
 In Criminal Law. One who Is in some 
 
 way concerned in the commission of a crime, 
 though not as a principal. 
 
 The term in its fullness includes in its 
 meaning all persons who have been con- 
 cerned in the commission of a crime, all 
 participes criminis, whether they are con- 
 sidered in strict legal propriety as prin- 
 cipals in the first or second degree, or mere- 
 ly as accessaries before or after the fact, 
 1 Russ. Crimes, 21; 4 Bl. Comm. 331; 1 
 Phil. Ev. 28, 
 
 ACCORD, Abbreviation of the French 
 "accordant," and English "accordingly;" 
 
ACCORDANT 
 
 IS 
 
 ACCRESCERE 
 
 frequently used in the books, especially in 
 the reports, to denote the accordance or 
 agreement between one adjudged case and 
 another, in establishing or confirming the 
 same doctrine, and sometimes the accord- 
 ance of judges in opinion in the same case. 
 See "Accordant." The disagreement or op- 
 position of cases is denoted by "contra." 
 
 In Contracts. A satisfaction agreed 
 
 on between the party injuring and the party 
 injured, which, when performed, is a bar to 
 all actions upon his account. Generally 
 used in the phrase "accord and satisfaction," 
 satisfaction being the performance of the 
 accord. 2 Greenl. Ev. 28; 3 Bl. Comm. 16; 
 4 Denio (N. Y.) 418; 83 Va. 397; 78 Wis. 
 682; 5 Md. 170. 
 
 Something of legal value, to which the 
 creditor before had no right, agreed on in 
 full satisfactidn of the debt, without re- 
 gard to the magnitude of the satisfaction. 
 43 Conn. 462. 
 
 The substitution of an agreement in lieu 
 of a right of action between the parties. 
 
 A part payment is not a good accord and 
 satisfaction, though received in full. 20 
 Conn. 559; 99 Mich. 247; 64 Barb. (N. Y.) 
 215; 8 R. I. 381; 23 Wis. 471; 79 N. C. 585. 
 
 ACCORDANT (Fr. and Eng.) Agreeing; 
 concurring. "Baron Parker, accordant," 
 Hardr. 93; "Holt, C. J., accordant," 6 Mod. 
 298, 299; "Powys, J., accord.," "Powell, J., 
 accord.," Id. 
 
 The act of giving 
 
 ACCOUCHEMENT, 
 birth to a child. 
 
 ACCOUNT. A detailed statement of mu- 
 tual demands in the nature of debt and 
 credit between the parties, arising out of 
 contract or some fiduciary relation. 45 Mo. 
 573. 
 
 A written statement of pecuniary trans- 
 actions. Abbott. 
 
 It is to be distinguished from "balance," 
 which is but the conclusion or result of the 
 account. 45 Mo. 574. 
 
 Stated Account. One which has been 
 
 approved by the parties, and the balance 
 shown by it agreed to either (1) expressly, 
 or (2) impliedly, as by retaining an account 
 rendered without objection. 
 
 Open Account. One which has not 
 
 been closed or stated. 
 
 Current Account. One kept open In 
 
 expectation of further dealings. 
 
 Book Accounts. Those evidenced by 
 
 entries in books of account. 
 
 Account Rendered. An account pre 
 
 sented by the creditor to the debtor. 
 
 ACCOUNT, ACTION OF (sometimes call- 
 ed "Account," or "Account Render") . An ac- 
 tion or writ which lay against one who was 
 required, by his oificial or fiduciary position, 
 to render an account. 
 
 ACCOUNT BOOK. A book kept by a 
 merchant, trader, mechanic, or other person. 
 
 in which are entered from time to time the 
 transactions of his trade or business. Such 
 books, when regularly kept, may be admit- 
 ted in evidence. Greenl. Ev. §5 115-118, 
 
 ACCOUNT IN BANK. See "Bank Ac- 
 count." 
 
 ACCOUNT STATED. See "Account." 
 
 ACCOUNTABLE RECEIPT. An acknowl- 
 edgment of the receipt of money to be ac- 
 counted for by the person receiving it, as 
 distinguished from a receipt for money paid 
 in discharge of a debt. 1 Exch. 138. 
 
 ACCOUNTANT. One who is versed In 
 accounts. A person or officer appointed to 
 keep the accounts of a public company. A 
 certified public accountant is one who is 
 certified by proper authority to be com- 
 petent to examine and report on accounts. 
 
 He who renders to another or to a court 
 a just and detailed statement of the prop- 
 erty which he holds as trustee, executor, 
 administrator, or guardian. See 16 Viner, 
 Abr. 155. 
 
 ACCOUNTANT GENERAL, or ACCOMP- 
 tant general. An officer of the English 
 court of chancery, by whom the moneys 
 paid into court are received, deposited in 
 bank, and disbursed. The office appears to 
 have been established by an order of May 
 26, 1725, and 12 Geo. I. c. 32, before which 
 time the effects of the suitors were locked 
 up in the vaults of the Bank of England, 
 under the care of the masters and two of 
 the six clerks. 1 Smith, Ch. Prac. 22. It 
 is now abolished. 35 & 36 Vict. 44. 
 
 ACCOUNTING. The making and render- 
 ing of an account. Usually, but not neces- 
 sarily, applied to accountings under order of 
 court. 
 
 ACCOUPLE. To marry; married. 
 
 ACCREDIT. In international law. To 
 acknowledge. Used of the act by which a 
 diplomatic agent is acknowledged by the 
 government near which he is sent, which 
 makes his public character known, and be- 
 comes his protection, and also of the act 
 by which his sovereign, commissions him. 
 
 ACCREDITULARE, or ACCREDULITARE 
 
 (Lat.) To purge one's self of an offense by 
 oath. Whishaw; Blount. 
 
 ACCRESCERE (Lat. to be added to). The 
 term is used is speaking of Islands which 
 are formed in rivers by deposit Calv. Lex.; 
 3 Kent, Comm. 428. 
 
 In Scotch Law. To pass to any one. 
 
 Bell, Diet. 
 
 It is used in a related sense in the com- 
 mon-law phrase jus accrescendi, the right of 
 survivorship. 1 Washb. Real Prop. 426. 
 
 In Pleading,. To commence; to arise; 
 to accrue. Quod actio non acorevit infra 
 
ACCRETION 
 
 14 
 
 ACQUEST 
 
 sex annos, that the action did not accrue 
 ■within six years. 3 Chit. PI. 914. 
 
 ACCRETION (Lat. accrescere, to grow 
 to) ._ _ The increase of real estate by the 
 addition of portions of soil, by gradual depo- 
 sition through the operation of natural 
 causes, to that already in possession of the 
 owner. 2 Washb. Real Prop. 451. It is 
 immaterial whether the stream be navigable 
 or not, or whether artificial causes con- 
 tribute. 64 111. 56. 
 
 "Alluvion" comprises both soil and other 
 things, such as seaweed, etc. Tiedeman, 
 Real Prop. § 686; 2 Johns. (N. Y.) 313. 
 
 The term "alluvion" is applied to the de- 
 posit itself, while "accretion" rather de- 
 notes the act. 
 
 Sometimes, however, alluvion is used to 
 denote the act of increase also, and accre- 
 tion as a generic term including, also, re- 
 liction and avulsion (q. v.) 
 
 ACCROACH. To attempt to exercise 
 royal power. 4 Bl. Comm. 76. 
 
 A knight who forcibly assaulted and de- 
 tained one of the king's subjects till he paid 
 him a sum of money was held to have com- 
 mitted treason on the ground of accroach- 
 ment. 1 Hale, P. C. 80. 
 
 In French Law. To delay. Whishaw. 
 
 ACCRUE. To grow to; to be added to, 
 as the interest accrues on the principal. 
 Accruing costs are those which become due 
 and are created after judgment; as the 
 costs of an execution. 
 
 To arise, to happen, to come to pass; as 
 the statute of limitation does not commence 
 running until the cause of action has ac- 
 crued. 1 Bouv. Inst, note 861; 2 Rawle 
 (Pa.) 277; 10 Watts (Pa.) 363; Bac. Abr. 
 "Limitation of Actions" (D 3) ; 59 Hun (N. 
 Y.) 145; 159 Pa. St. 556. 
 
 ACCRUER, CLAUSE OF. See "Survivor- 
 ship, Clause of." 
 
 ACCUMULATIONS. 
 
 (1) The income of a trust fund, when 
 reinvested as a new capital by the trustee. 
 
 (2) The suspension of absolute owner- 
 ship in the rents and profits of personalty, 
 which is, in many states, limited by stat- 
 ute. See 1 Rev. St. N. Y. p. 773, §§ 2-4. 
 
 ACCUMULATIVE JUDGMENT (or SEN- 
 tence). See "Cumulative Sentence." 
 
 ACCUMULATIVE LEGACY. A double 
 or additional legacy; a legacy given in addi- 
 tion to another given by the same instru- 
 ment, or by another instrument. 4 Ves. 
 90; 1 P. Wms. 424. 
 
 ACCUSARE NEMO DEBET SE, NISI 
 coram deo. No one is obliged to accuse him- 
 self unless before God. Hardr. 139. 
 
 ACCUSATION, In criminal law. A 
 
 charge made to a competent officer against chase. 
 
 one who has committed a crime, so that he 
 may be brought to justice and punishment. 
 
 ACCUSATOR POST RATIONABILE 
 tempus non est audiendus, nisi se bene de 
 omissione excusaverlt. An accuser is not to 
 be heard after a reasonable time, unless he 
 excuse himself satisfactorily for the omis- 
 sion. Moore, 817. 
 
 ACCUSED. One who is charged with a 
 crime. 
 
 ACCUSER. One who makes an accusa- 
 tion. 
 
 ACEPHALI (Graeco-Lat.) Persons with- 
 out a head or superior. 
 
 In Civil Law. A sect of religious 
 
 persons enumerated among the heretics. 
 Otherwise called acephalitae. So termed, ac- 
 cording to Calvin, because their head or 
 founder was unknown, and they acknowl- 
 edged no religious superiors. Calv. Lex. 
 
 In Feudal Law. Persons without a 
 
 feudal superior ; who held of no one as their 
 lord. Baronorum homines et acephalos. LL, 
 Hen. I. c. 22. This is thought by Burrill to 
 be the passage referred to in Cowell as de- 
 scriptive of a class of levelers who acknowl- 
 edged no head or superior. 
 
 ACHATE, ACHAT, ACHATA, or ACHET 
 
 (Law Pr.) In old English law. Purchase; 
 a purchase, contract, or bargain. Per co- 
 lour de achate, by color of purchase. St. 
 Westminster I. c. 1. Bought. Achate arere, 
 bought back. Dyer (Pr. Ed.) 35b. 
 
 ACHEREST. An ancient English meas- 
 ure of grain, supposed to be the same with 
 their quarter, or eight bushels. 
 
 ACKNOWLEDGMENT. The act of one 
 who has executed a deed, in going before 
 some competent officer or court, and de- 
 claring it to be his act or deed. 
 
 The acknowledgment is certified by the 
 officer or court; and the term "acknowledg- 
 ment" is sometimes used to designate the 
 certificate. 
 
 Sometimes loosely used for "admission" 
 (q. V.) 
 
 ACKNOWLEDGMENT MONEY. In Eng- 
 lish law. A sum paid by tenants of copy- 
 hold in some parts of England, as a recog- 
 nition of their superior lords. Cowell; 
 Blount. Called a fine by Blackstone. 2 
 Bl. Comm. 98. 
 
 ACOLYTE. An inferior church servant, 
 who, next under the deacon, followed and 
 waited upon the priest and deacons, and 
 performed the meaner offices of lighting the 
 candles, carrying the bread and wine, and 
 paying other servile attendance. 
 
 ACQUEST. An estate acquired by pur- 
 
ACQUETS 
 
 15 
 
 ACT 
 
 ACQUETS. In civil law. Property which 
 has been acquired by purchase, gift, or 
 otherwise than by succession. 
 
 Immovable property which has been ac- 
 quired otherwise than by succession. Mer- 
 lin, Repert. 
 
 The profits of all the effects of which the 
 husband has the administration and enjoy- 
 ment, either of right or in fact, of the prod- 
 uce of the reciprocal industry and labor of 
 both husband and wife, and of the estates 
 which they may acquire during the mar- 
 riage, either by donations, made Jointly to 
 them both, or by purchase, or in any other 
 similar way, even although the purchase be 
 only in the name of one of the two, and not 
 of both. Civ. Code La. art. 2371. 
 
 ACQUIESCENCE. A silent appearance 
 of consent. Worcester. 
 
 It is to be distinguished from avowed con- 
 sent, on the one hand, and from open dis- 
 content or opposition, on the other. It 
 amounts to a consent which is impliedly 
 given by one or both parties to a proposi- 
 tion, a clause, a condition, a judgment, or 
 to any act whatever. 
 
 It imports an assent which, though im- 
 plied, is to some extent active, and is to be 
 distinguished from laches, which is mere 
 passive neglect. 69 Cal. 255. 
 
 ACQUIETANDIS PLEGIIS. A writ of 
 justices, formerly Ijnng for the surety 
 against a creditor who refuses to acquit him 
 after the debt has been satisfied. Eeg. 
 Writs, 158; Cowell; Blount. 
 
 ACQUIRE, (Lat. ad, for, and qvMerere, to 
 seek) . To make property one's own. 
 
 It is regularly applied to a permanent ac- 
 quisition. A man is said to obtain or pro- 
 cure a mere temporary acquisition. 
 
 ACQUISITION. The act by which a per- 
 son procures the property of a thing. 
 
 The thing the property in which is se- 
 cured. 
 
 Original acquisition is that by which a 
 man secures a property in a thing which is 
 not at the time he acquires it, and in its 
 then existing condition, the property of any 
 other individual. It may result from oc- 
 cupancy (1 Bouv. Inst, note 490; 2 Kent, 
 Comm. 289), accession (1 Bouv. Inst, note 
 499 ; 2 Kent, Comm. 293) , intellectual labor, 
 — namely, for inventions, which are secured 
 by patent rights, — and for the authorship of 
 books, maps, and charts, which is protected 
 by copyrights (1 Bouv. Inst, note 508). 
 
 Derivative acquisition is that by which 
 property is procured from others, either by 
 act of law or by act of the parties. Goods 
 and chattels may change owners by act of 
 law in the cases of forfeiture, succession, 
 marriage, judgment, insolvency, and intes- 
 tacy, or by act of the parties, as by gift, 
 will, or sale. 
 
 An acquisition may result from the act of 
 the party himself, or those who are in his 
 
 power acting for him, as his children while 
 minors. 1 N. H. 28. See Dig. 41. 1. 53; 
 Inst. 2. 9. 3. 
 
 ACQUITTAL. 
 
 In Contracts. A release or discharge 
 
 from an obligation or engagement. 26 
 Wend. (N. Y.) 283. 
 
 According to Lord Coke, there are three 
 kinds of acquittal, namely, by deed, when 
 the party releases the obligation; by pre- 
 scription; by tenure. Co. Litt. 100a. 
 
 In Criminal Practice. The absolu- 
 tion of a party charged with a crime or 
 misdemeanor. 
 
 The absolution of a party accused on a 
 trial before a traverse jury. 1 Nott & McC. 
 (S. C.) 36; 3 McCord (S. C.) 461. 
 
 Acquittals in fact are those which take 
 place when the jury, upon trial, finds a ver- 
 dict of not guilty. 
 
 Acquittals in law are those which take 
 place by mere operation of law; as where a 
 man has been charged merely as an acces- 
 sary, and the principal has been acquitted. 
 2 Inst. 364. 
 
 Effect on subsequent prosecution, see 
 "Jeopardy." 
 
 ACQUITTANCE. In contracts. An agree- 
 ment in writing to discharge a party from 
 an engagement to pay a sum of money. It 
 is evidence of payment, and differs from a 
 release in this, that the latter must be under 
 seal, while an acquittance need not be un- 
 der seal. Poth. Obi. note 781. See 3 Salk. 
 298; Co. Litt. 212a, 273a; 1 Rawle (Pa.) 
 391. 
 
 ACRE (Ger. aker; perhaps Lat. ager, a 
 field). A quantity of land containing one 
 hundred and sixty square rods of land, in 
 whatever shape. Sergeant, Land Laws Pa. 
 185; Cro. Eliz. 476, 665; 6 Coke, 67; Poph. 
 55; Co. Litt. 5b. The word formerly signi- 
 fied an open field; whence acre-fight, a con- 
 test in an open field. Jacob. 
 
 The measure seems to have .been variable 
 in amount in its earliest use, but was fixed 
 by statute at a remote period. As original- 
 ly used, it was applicable especially to 
 meadow lands. Cowell. 
 
 ACT (Lat. agere, to do; actus, done). 
 Something done or established. 
 
 In its general legal sense, the word may 
 denote something done by an individual, as 
 a private citizen, or as an officer; or by a 
 body of men, as a legislature, a council, or 
 a court of justice; including not merely 
 physical acts, but also decrees, edicts, laws, 
 judgments, resolves, awards, and determi- 
 nations. Some general laws made by the 
 congress of the United States are styled 
 "joint resolutions," and these have the same 
 force and effect as those styled "acts." 
 
 An instrument in writing to verify facts. 
 Webster. It is used in this sense to signify 
 published acts of assembly, congress, etc. 
 In a sense approaching this, it has been held 
 
ACT BOOK 
 
 16 
 
 ACT OF SETTLEMENT 
 
 in trials for treason that letters and other 
 written documents were acts. 1 Fost. C. C. 
 198; 2 Starkie, 116. 
 
 — ^In Civil Law, A writing which states 
 in a legal form that a thing has been done, 
 said, or agreed. Merlin, Repert. 
 
 Private acts are those made by private 
 persons as registers in relation to their re- 
 ceipts and expenditures, schedules, acquit- 
 tances, and the like. Code, 7. 32. 6; Id. 4. 
 21; Dig. 22. 4; Civ. Code La. arts. 2231- 
 2254; 8 TouUier, Dr. Civ. 94. 
 
 Acts under private signature are those 
 which have been made by private individ- 
 uals, under their hands. An act of this 
 kind does not acquire the force of an authen- 
 tic act by being registered in the office of a 
 notary (11 Mart. [La. ]243; 5 Mart. [La.; 
 N. S.] 693; 8 Mart. [La.] 568; 3 Mart. [La.; 
 N. S.] 396; 3 La. Ann. 419), unless it has 
 been properly acknowledged before the of- 
 ficer by the parties to it (5 Mart. [La.; 
 N. S.] 196). 
 
 Public acts are those which have a pub- 
 lic authority, and which have been made be- 
 fore public officers, are authorized by a 
 public seal, have been made public by the 
 authority of a magistrate, or which have 
 been extracted and been properly authenti- 
 cated from public records. 
 
 In Legislation. A statute or law made 
 
 by a legislative body. 
 
 General or public acts are those which 
 bind the whole community. Of these the 
 courts take judicial cognizance. 
 
 Private or special acts are those which 
 operate only upon particular persons and 
 private concerns. 
 
 In Scotch Practice. As a noun, an 
 
 abbreviation of actor (proctor or advocate, 
 especially for a plaintiff or pursuer), used 
 in records. "Act. A. Alt. B." an abbrevia- 
 tion of Actor, A. Alter, B.; that is, for the 
 pursuer or plaintiff, A., for the defender, B. 
 1 Brown, 336, note; 2 Brown, 144, note; 
 Id. 507, note. 
 
 As a verb, to do or perform judicially; to 
 enter of record. Surety "acted in the books 
 of adjournal." 1 Brown, 4. 
 
 ACT BOOK. Jn Scotch practice. The 
 minute book of a court. 1 Swinb. 81. 
 
 ACT IN PAIS. An act performed out of 
 court, and which is not a matter of record. 
 
 A deed or an assurance transacted be- 
 tween two or more private persons in the 
 country, that is, according to the old com- 
 mon law, upon the very spot to be trans- 
 ferred, is matter in pais. 2 Bl. Comm. 294. 
 See "In Pais." 
 
 ACT OF ATTAINDER. See "BUI Of At- 
 tainder." 
 
 ACT OF BANKRUPTCY. An act which 
 subjects a person to be proceeded against 
 as a bankrupt. 
 
 The acts of bankruptcy enumerated in the 
 bankruptcy act of 1898, § 3, are (1) con- 
 
 cealment, transfer, or removal of property 
 with intent to hinder, delay, or defraud 
 creditors; (2) transfer of property while in- 
 solvent, with intent to give a preference; 
 (3) permitting, while insolvent, a creditor 
 to obtain a preference by legal proceedings, 
 and not vacating such preference within 
 five days; (4) making a general assignment 
 for the benefit of creditors; (5) admitting, 
 in writing, inability to pay debts, and will- 
 ingness to be adjudged a bankrupt. 
 
 ACT OF CURATORY. In Scotch prac- 
 tice. The act extracted by the clerk, upon 
 any one's acceptance of being curator. 
 Forbes, Inst. pt. 1, bk. 1, c. 2, tit. 2; 2 
 Kames, Eq. 291. Corresponding with the 
 order for the appointment of 9 guardian, 
 in English and American practice. 
 
 ACT OF GOD. A natural cause which 
 operate without interference or aid from 
 man. 1 Pars. Cont. 635. 
 
 That which proceeds from the violence of 
 nature; by that kind of force of the ele- 
 ments which human ability could not have 
 fpreseen or prevented. 6 Grat. (Va.) 189. 
 
 The term is sometimes defined as equiva- 
 lent to inevitable accident, but incorrectly, 
 as there is a distinction between the two, 
 although Sir William Jones proposed the 
 use of "inevitable accident" instead of "act 
 of God." Jones, Bailm. 104. See Story, 
 Bailm, § 25; 2 Sharswood, Bl. Comm. 122; 
 2 Crabb, Real Prop. § 2176; 4 Doug. 287; 
 21 Wend. (N. Y.) 190; 2 Ga. 349; 10 Miss. 
 572; 5 Blackf. (Ind.) 222. 
 
 All acts of God are inevitable accidents, 
 but not all inevitable accidents are the act 
 of God, i. e., caused by the forces of nature. 
 29 N. y. 115/ 
 
 See, also, "Vis Major." 
 
 ACT OF GRACE. In Scotch law. A stat- 
 ute by which the incarcerating creditor is 
 bound to aliment his debtor in prison, if 
 such debtor has no means of support, un- 
 der penalty of a liberation of his debtor if 
 such aliment be not provided. Paterson, 
 Comp. 
 
 ACT OF HONOR. An instrument drawn 
 up by a notary public, after protest of a bill 
 of exchange, when a third party is desirous 
 of paying or accepting the bill for the honor 
 of any or all of the parties to it. 
 
 ACT OF INSOLVENCY. An act Indicat- 
 ing insolvency, and subjecting the party to 
 insolvency proceedings. See "Insolvency." 
 
 ACT OF LAW. A result, like the devo- 
 lution of a title, produced by operation of 
 law without the design of the parties con- 
 cerned. 
 
 ACT OF SETTLEMENT. The statute of 
 12 & 13 Wm. III. c. 2, limiting the English 
 crown to the Princess Sophia, of Hanover, 
 and the heirs of her body being Protestants 
 
ACT OF STATE 
 
 17 
 
 ACTIO 
 
 ACT OF STATE. An act done by the 
 sovereign power of a country, or by its 
 delegate, within the limits of the power 
 vested in him. An act of state cannot be 
 questioned or made the subject of legal 
 proceedings ip a court of law. 
 
 ACT OF SUPREMACY. The statute of 1 
 Eliz. c. 1, declaring the supremacy of the 
 crown over the ecclesiastical authorities. 
 
 ACT OF UNIFORMITY. The statute of 
 13 & 14 Car. II. c. 4, enacting that the book 
 of common prayer, as then recently revised, 
 should be used in every parish church and 
 other place of public worship, and other- 
 wise ordaining a uniformity in religious 
 services, etc. 3 Steph. Comm. 104. 
 
 ACT OF UNION. The statute of 5 Anne, 
 c. 8, by which the articles of union between 
 the two kingdoms of England and Scotland 
 were ratified and confirmed. 1 Bl. Comm. 
 97. 
 
 ACT ON PETITION. A form of sum- 
 mary proceeding formerly in use in the high 
 court of admiralty, in England, in which the 
 parties stated their respective cases briefly, 
 and supported their statements by affidavit. 
 2 Dods. Adm. 174, 184; 1 Hagg. Adm. 1, 
 note. 
 
 ACTA DIURNA (Lat.) A formula often 
 used in signing, in the sense of "done on 
 this day." Du Cange. 
 
 Daily transactions, chronicles, journals, 
 registers. "I do not find the thing published 
 in the acta diuma (daily records of af- 
 fairs)." Tacitus, Ann. 3, 3; Ainsworth, 
 Lex.; Smith, Lex. 
 
 ACTA EXTERIORA INDICANT INTERI- 
 ora secreta. Outward acts indicate the in- 
 ward intent. Broom, Leg. Max. (3d London 
 Ed.) 270; 1 Smith, Lead. Cas. (4th Am. 
 Ed.) 115; 8 Coke, 291; 13 Johns. (N. Y.) 
 414; 15 Johns. (N. Y.) 401. 
 
 ACTA IN UNO JUDICIO NON PROBANT 
 In alio nisi inter easdem personas. Things 
 done in one action cannot be taken as evi- 
 dence in another, unless it be between the 
 same parties. Tray. Lat. Max. 11. 
 
 ACTA PUBLICA (Lat.) Things of gen- 
 eral knowledge and concern; matters trans- 
 acted before certain public officers. Calv. 
 Lex. 
 
 ACTE. In French law. Denotes a docu- 
 ment, or formal, solemn writing, embody- 
 ing a legal attestation that something has 
 been done, corresponding to one sense or 
 use of the English word "act." Thus, actes 
 de naissance are the certificates of birth, 
 and must contain the day, hour, and place 
 of birth, together with the sex and intend- 
 ed Christian name of the child, and the 
 names of the parents and of the witnesses. 
 Actes de manage are the marriage certifi- 
 cates, and contain names, professions, ages, 
 and places of birth and domicile of the two 
 
 persons marrying, and of their parents; also 
 the consent of these latter, and the mutual 
 agreements of the intended husband and 
 wife to take each other for better and worse, 
 together with the usual attestations. Actea 
 de deces are the certificates of death, which 
 are required to be drawn up before any one 
 may be buried. Les actes de I'etat civil 
 are public documents. Brown. 
 
 ACTIO. In civil law. A specifl.c mode of 
 enforcing a right before the courts of law, 
 e. g., legis actio; actio sacramenti. In this 
 sense we speak of actions in our law, e. g., 
 the action of debt. The right to a remedy, 
 thus: Ex irndo pacta non oritur actio, no 
 right of action can arise upon a naked pact. 
 In this sense we rarely use the word "ac- 
 tion." 3 Ortolan, Inst. § 1830; 5 Savigny, 
 System, 10; Mackeld. Civ. Law (13th Ed.) 
 § 193. 
 
 The first sense here given is the older 
 one. Justinian, following Celsus, gives the 
 well-known definition: Actio nihil aliud est, 
 quam jus persequendi in judicio, quod sibi 
 debetur, which may be thus rendered: An 
 action is simply the right to enforce one's 
 demand in a court of law. Inst. 4. 6, "De 
 Actionibus." See "Action." 
 
 Divisions : 
 
 ——According to Nature. In the sense of 
 a specific form of remedy, there are various 
 divisions of actiones. Actiones civiles are 
 those forms of remedies which were estab- 
 lished under the rigid and inflexible system 
 of the civil law, the jus civile. Actiones 
 honorariae are those which were gradually 
 introduced by the praetors and aediles, by 
 virtue of their equitable powers, in order to 
 prevent the failure of justice which too 
 often resulted from the employment of the 
 actiones civiles. These were found so bene- 
 ficial in practice that they eventually sup- 
 planted the old remedies, of which, in the 
 time of Justinian, hardly a trace remained. 
 Mackeld. Civ. Law, § 194; 5 Savigny, Sys- 
 tem. Directae actiones, as a class, were 
 forms of remedies for cases clearly defined 
 and recognized as actionable by the law. 
 Utiles actiones were remedies granted by the 
 magistrate in cases to which no actio directa 
 was applicable. They were framed for the 
 special occasion, by analogry to the existing 
 form, and were generally fictitious; that is, 
 they proceeded upon the assumption that a 
 state of things existed which would have en- 
 titled the party to an actio directa, and the 
 cause was tried upon this assumption, which 
 the other party was not allowed to dispute. 
 5 Savigny, System, § 215. 
 
 According to Subject-Matter. Again 
 
 there are actiones in personam and actiones 
 in rem. The former class includes all rem- 
 edies for the breach of an obligation, and 
 are considered to be directed against the 
 person of the vrrongdoer. The second class 
 comprehends all remedies devised for the 
 recovery of property, or the enforcement 
 of a right not founded upon a contract be- 
 
ACTIO AD EXHIBENDUM 
 
 18 
 
 ACTIO DE DOLO MALO 
 
 tween the parties, and are therefore con- 
 sidered as rather aimed at the thing in dis- 
 pute than at the person of the defendant. 
 Mackeld. Civ. Law, i 195; 5 Savigny, Sys- 
 tem, §§ 206-209; 3 Ortolan, Inst. § 1952 et 
 seq. 
 
 According to Object. In respect to 
 
 their object, actions are either (a) actiones 
 rei persequendae causa comparatae, for the 
 recovery of property or damages, to which 
 class belong all actiones in rem, and those 
 of the actiones in personam, which were di- 
 rected merely to the recovery of the value 
 of a thing, or compensation for an injury; or 
 (b) actiones poenales (called, also, actiones 
 ex delicto), in which a penalty was recov- 
 ered of the delinquent; or (c) actiones 
 mixtae, in which were recovered both the 
 actual damages and a penalty in addition. 
 Actiones poenales and actiones mixtae com- 
 prehended cases of injuries for which the 
 civil law permitted redress by private ac- 
 tion, but which modern civilization univer- 
 sally regards as crimes; that is, offenses 
 against society at large, and punished by 
 proceedings in the name of the state alone. 
 Thus, theft, receiving stolen goods, robbery, 
 malicious mischief, and the murder or neg- 
 ligent homicide of a slave (in which case 
 an injury to property was involved), gave 
 rise to private actions for damages against 
 the delinquent. Inst. 4. 1. De obligationibus 
 quae ex delicto nascuntur. Id. 2. De bonis 
 vi raptis. Id. 3, De lege aquilia. And see 
 Mackeld. Civ. Law, § 196, 5 Savigny, Sys- 
 tem, §§ 210-212. 
 
 According to Pfocedure. In respect 
 
 to the mode of procedure, actiones in per- 
 sonam are divided into stricti juris, and 
 bonae fidei actiones. In the former, the court 
 was confined to the strict letter of the law, 
 in the latter, something was left to the 
 discretion of the judge, who was governed 
 in his decision by considerations of what 
 ought to be expected from an honest man 
 under circumstances similar to those of the 
 plaintiff or defendant. Mackeld. Civ. Law, 
 § 197a. 
 
 Besides this classification, the different 
 actions had specific names, the principal of 
 which follow. 
 
 ACTIO AD EXHIBENDUM. In civil law. 
 An action instituted for the purpose of com- 
 pelling the person against whom it was 
 brought to exhibit some thing or title in his 
 power. 
 
 It was always preparatory to another ac- 
 tion, which lay for the recovery of a thing 
 movable or immovable. 1 Merlin, Quest, de 
 Droit, 84. 
 
 ACTIO ARBITRARIA. In the civil law. 
 An arbitrary action; one depending upon 
 the discretion of the judge (ex arbitrio judi- 
 cis pendens) ; or in which the judge was 
 allowed to determine, according to equity 
 and the circumstances of the particular 
 case, how satisfaction should be made to 
 
 the plaintiff (permittitur judici ex bona et 
 aequo, secundum, oujusque rei de qua ac- 
 tum est natwram, aesUmare quemadmb- 
 dum actori satisfieri oporteat). If the de- 
 fendant refused to conform to the decision 
 of the judge, he might be condemned at 
 discretion {nisi arbitrio judicis aetori satis- 
 faciat, — condemnari debeat). Inst. 4. 6. 31. 
 
 ACTIO BONAE FIDEI. See "Actio" (4). 
 
 ACTIO CALUMNIAE. In the civil law. 
 An action to restrain the defendant from 
 prosecuting a groundless proceeding or 
 trumped-up charge against the plaintiff. 
 Hunter, Rom. Law, 859. 
 
 ACTIO CI VI LIS. See "Actio" (1). 
 
 ACTIO COMMODATI CONTRARIA. In 
 
 civil law. An action by the borrower 
 against the lender, to compel the execution 
 of the contract. Poth. Pret. a Usage, note 
 75. 
 
 ACTIO COIVIMODATI DIRECTA. In civil 
 law. An action by a lender against a bor- 
 rower, the principal object of which is to 
 obtain a restitution of the thing lent. Poth. 
 Pret. a Usage, notes 65, 68. 
 
 ACTIO COMMUNI DIVIDUNDO. In civil 
 law. An action for a division of the prop- 
 erty held in common. Story, Partn. (Ben- 
 nett Ed.) § 352. 
 
 ACTIO COMMUNIS. A common action. 
 A term applied by Br acton to an action 
 where the thing demanded was common, 
 and not several. Bracton, fol. 103. 
 
 ACTIO CONDICTIO INDEBITATI. In 
 
 civil law. An action by which the plaintiff 
 recovers the amount of a sum of money or 
 other thing he paid by mistake. Poth. Pro- 
 mutuum, note 140. 
 
 ACTIO CONFESSORIA. In the civil law. 
 An affirmative action; an action founded 
 upon the affirmative allegation of some right 
 in the plaintiff in another's land, as a right 
 of way, etc., and not upon the denial of the 
 right of another in his land. Inst. 4. 6. 2. 
 Confessoria dicitur, quia constituta est ver- 
 bis afflrmativis. Bracton, fol. 103. See "Ac- 
 tio Negatoria." 
 
 ACTIO CONTRARIA. In the civil law. 
 A contrary or cross action, as distinguished 
 from actio directa. Heinec. Elem. Jur. Civ. 
 lib. 3, tit. 15, §§ 805, 816, 826; Bracton, fol. 
 103. 
 
 ACTIO CRIMINALIS. In the common 
 law. A criminal action. Bracton, fol. 102b. 
 
 ACTIO DE DOLO MALO. In the civil 
 law. An action of fraud; an action which 
 lay for a defrauded person against the de- 
 frauder and his heirs, who had been en- 
 riched by the fraud, to obtain the restitu- 
 tion of the thing of which he had been 
 
ACTIO DE IN REM VERSO 
 
 19 
 
 ACTIO IN PERSONAM 
 
 fraudulently deprived, with all its acces- 
 sions (cum omni causa) ; or, where this was 
 not practicable, for compensation in dam- 
 ages. 1 Mackeld. Civ. Law, p. 221, § 217; 
 Heinec. Elem. Jur. Civ. lib. 4, tit. 6, § 1152; 
 Dig. 4. 3; Code, 2. 21; Bracton, fol. 103b. 
 
 ACTIO DE IN REM VERSO. In the civil 
 law. An action concerning a thing convert- 
 ed to the profit of another ; an action grant- 
 ed to one who had contract with a son or 
 slave, in order to recover whatever the 
 father or master, by means of such con- 
 tract, had converted to their own advan- 
 tage. Inst. 4. 7. 4; Dig. 15. 3; Code, 4. 26; 
 Heinec. Elem. Jur. Civ. lib. 4, tit. 7, § 1222; 
 Halifax, Anal. bk. 3, c. 2, note 7. 
 
 ACTIO DE PECULIO. In the civil law. 
 An action concerning or against the pecu- 
 lium, patrimony, or separate estate. Inst, 
 action to which fathers and masters were 
 liable on the contracts of their children and 
 servants, to the extent of the latter's pecu- 
 lium, patrimony, or separate estate. Inst. 
 4. 6. 10; Id. 4. 7. 4; Dig. 15. 1; Code, 4. 26; 
 Heinec. Elem. Jur. Civ. lib. 4, tit. 7, § 1219. 
 
 ACTIO DE PECUNIA CONSTITUTA. In 
 the civil law. An action for money engaged 
 to be paid; an action which lay against any 
 person who had engaged to pay money for 
 himself, or for another, without any formal 
 stipulation {nulla stipulatione interposita). 
 Inst. 4. 6. 9; Dig. 13. 5; Code, 4. 18. 
 
 ACTIO DEPOSITI CONTRARIA. In civil 
 law. An action which the depositary has 
 against the depositor, to compel him to ful- 
 fill his engagement toward him. Poth. du 
 Depot, note 69. 
 
 ACTIO DEPOSITI DIRECTA. In civil 
 law. An action which is brought by the 
 depositor against the depositary, in order 
 to get back the thing deposited. Poth. du 
 Depot, note 60. 
 
 ACTIO DIRECTA. See "Actio" (1). 
 
 ACTIO EMPTI. See "Actio ex Empto." 
 
 ACTIO EX CONDUCTO. In civil law. 
 An action which the bailor of a thing for 
 hire may bring against the bailee, in order 
 to compel him to redeliver the thing hired. 
 Poth. du,Contr. de Louage, note 59. 
 
 ACTIO EX CONTRACTU. See "Action." 
 
 ACTIO EX DELICTO. See "Action." 
 
 ACTIO EX EMPTO. In the civil law. An 
 action of purchase, or upon purchase; an 
 action which a buyer is entitled to main- 
 tain against a seller, in order to cause him 
 to deliver possession of the thing sold, with 
 its titles and fruits, and everything depend- 
 ent upon it. Poth. Cont. pt. 2, c. 1, art. 5; 
 Inst. 4. 6. 28. Otherwise called actio empti, 
 or emti. Dig. 19. 1; Code, 4. 49; Heinec. 
 Elem. Jur. Civ. lib. 3, tit, 24, I 912. 
 
 ACTIO EX LOCATO. In the civil law. 
 An action upon letting; an action which the 
 person (locator) who let a thing for hire 
 to another might have against the hirer 
 (conductor). Dig. 19. 2; Code, 4. 65. See 
 "Actio Locati." 
 
 ACTIO EX STIPULATU. In the civil 
 law. An action to enforce a stipulation. 
 
 ACTIO EX VENDITO. In the civil law. 
 An action upon sale; an action which a 
 seller is entitled to maintain against a buy- 
 er to recover the price of a thing sold and 
 delivered. Inst. 4. 6. 28; Heinec. Elem. Jur. 
 Civ. lib. 3, tit. 24, § 915. Called actio ven- 
 diti. Id.; Dig. 19. 1; Code, 4. 49. 
 
 ACTIO EXERCITORIA. In the civil law. 
 An action against the exercitor or employer 
 of a vessel. See "Exercitoria Actio." 
 
 ACTIO FAMILIAE ERCISCUNDAE. In 
 civil law. An action for the division of 
 an inheritance. Inst. 4. 6. 20; Bracton, 100b. 
 
 ACTIO FINIUM REGUNDORUM. In the 
 civil law. An action for the determination 
 of boundaries between adjoining lands. 
 Inst. 4. 17. 6; Id. 4. 6. 20. Enumerated by 
 Bracton and Fleta among mixed actions. 
 Bracton, fol. 444; Fleta, lib. 5, c. 9, § 3. 
 See "Finium Regundorum Actio." 
 
 ACTIO FURTI. In the civil law. An ac- 
 tion of theft; an action founded upon theft. 
 Inst. 4. 1. 13-17; Bracton, fol. 444. This 
 could only be brought for the penalty at- 
 tached to the offense (tantum ad poenoe per- 
 secutioneTTi pertinet) , and not to recover the 
 thing stolen itself, for which other actions 
 were provided. Inst. 4. 1. 19. 
 
 ACTIO HONORARIA. See "Actio" (1). 
 
 ACTIO IN FACTUM. In civil law. An 
 action adapted to the particular case which 
 had an analogy to some actio in jus, which 
 was founded on some subsisting acknowl- 
 edged law. Spence, Eq. Jur. 212. The 
 origin of these actions is strikingly similar 
 to that of actions on the case at common 
 law. See "Case." 
 
 ACTIO IN PERSONAM (Lat.) an action 
 against the person. See "Actio" (2). 
 
 A personal action. 
 
 This is the term in use in the civil law to 
 denote the actions which in the common law 
 are called "personal." In modern usage it 
 is applied in English and American law to 
 those suits in admiralty which are directed 
 against the person of the defendant, as dis- 
 tinguished from those in rem, which are 
 directed against the specific thing from 
 which (or rather the proceeds of the sale 
 of which )_ the complainant expects and 
 claims a right to derive satisfaction for the 
 injury done to him. 
 
ACTIO IN QUADRUPLUM 
 
 20 
 
 ACTIO NON ACCREVIT 
 
 ACTIO IN QUADRUPLUM. In the civil 
 law. An action for the quadruple value of 
 a thing. Inst. 4. 6. 21; Bracton, fol. 103a. 
 
 ACTIO IN REM. An action against the 
 thing. See "Actio" (2). 
 
 ACTIO IN SIMPLUM. In the civil law. 
 An action for the single value of a thing. 
 Inst. 4. 6. 21. 22; Bracton, fol. 103a. 
 
 ACTIO IN TRIPLUM. In the civil law. 
 An action for the triple value of a thing. 
 Inst. 4. 6. 21. 24; Bracton, fol. 103a. 
 
 ACTIO INDIRECTA. An indirect action. 
 A species of action mentioned by Bracton, 
 probably the reverse of the actio directa. 
 Bracton, fol. 103a. 
 
 ACTIO INJURIARUM, or DAMNI INJU- 
 ria. In the civil law. An action for in- 
 juries done by beating, wounding, slander- 
 ous language, libel, and the like. Inst. 4. 4. 
 pr. 1, 12; Bracton, fol. 103b. 
 
 ACTIO JUDICATI. In civil law. An ac- 
 tion instituted, after four months had 
 elapsed after the rendition of judgment, in 
 which the judge issued his warrant to seize, 
 first, the movables, which were sold within 
 eight days afterwards, and then the im- 
 movables, which were delivered in pledge 
 to the creditors, or put under the care of a 
 curator, and if, at the end of two months, 
 the debt was not paid, the land was sold. 
 Dig. 42. 1; Code, 8. 34. 
 
 According to some authorities, if the de- 
 fendant then utterly denied the rendition of 
 the former judgment, the plaintiff was driven 
 to a new action, conducted like any other 
 action, which was called actio judicati, and 
 which had for its object the determination 
 of the question whether such a judgment 
 had been rendered. The exact meaning of 
 the term is by no means clear. See Savigny, 
 System, 305, 411; 3 Ortolan, Just. § 2033. 
 
 ACTIO LEG IS. In the Roman law. A le- 
 gal or lawful action; an action of or at law. 
 Dig. 1. 2. 2. 6, 
 
 One of the sources of the unwritten law 
 of Rome. Butler, Hor. Jur. 47. So called, 
 according to Gaius, either because they 
 were expressly given by the laws, or be- 
 cause they were expressed in the words of 
 the laws. Gaius, Inst. iv. § 11. 
 
 ACTIO LEGIS AQUILLE. In the civil law. 
 An action under the Aquilian law ; an action 
 to recover damages for maliciously or in- 
 juriously killing or wounding the slave or 
 beast of another, or injuring in any way a 
 thing belonging to another. Otherwise 
 called damni injuriae actio. Inst. 4. 3; 
 Heinec. Elem. Jur. Civ. lib. 4, tit. 3 ; Halifax, 
 Anar. bk. 2, c. 24; Bracton, fol. 103b. 
 
 ACTIO LOCATI. In the civil law. An ac- 
 tion which lay for the letter (locator) of a 
 thing against the hirer, where the terms of 
 
 the contract were not complied with by the 
 latter. Inst. 3. 25. pr.; Dig. 19. 2; Heinec. 
 Elem. Jur. Civ. lib. 3, tit. 25, § 928. gee 
 "Actio ex Locato." 
 
 ACTIO MANDATI. In civil law. An ac- 
 tion founded upon a mandate. 
 
 ACTIO MIXTA (or MISTA). See "Ac- 
 tio" (3). 
 
 An action in which each party is actor, or 
 plaintiff; such as the actions finium regund- 
 orum, familiae erciscundae, corrvmuni divi- 
 dundo, and others. Dig. 47. 7. 37. 1. 
 
 ACTIO NEGATORIA, (or NEGATIVA). In 
 the civil law. A negatory or negative ac- 
 tion; an action founded on the denial (ne- 
 gatio) of another's right; as where a right 
 of way or other servitude in a particular 
 estate is denied. Inst. 4. 6. 2; Bracton, fol. 
 103a; Heinec. Elem. Jur. Civ. lib. 4, tit. 6, 
 § 1136; Halifax, Anal. bk. 3, c. 1, note 8. See 
 "Actio Confessoria." 
 
 ACTIO NEGOTIORUM GESTORUM. In 
 the civil law. An action upon, or on account 
 of, business done. An action given in cases 
 where a person transacted the business of 
 another during his absence (cum quia nego- 
 tia ahsentis gesserit) , or without a commis- 
 sion or authority (sine mandato). Inst. 3. 28. 
 This was of two kinds — a direct action, 
 which lay for the person whose business 
 had been transacted, against him who had 
 transacted it (domino rei gestae adversus 
 eum qui gessit), and a cross action, which 
 lay for the negotiorum gestor, as he was 
 called against the other. Id. ; Heinec. Elem. 
 Jur. Civ. lib. 3, tit. 28, §1 973, 974. See "Ne- 
 gotiorum Gestio." 
 
 This action is enumerated by Bracton and 
 Pleta among actions arising quasi ex con- 
 tractu, or ex quasi contractu. Bracton, fol. 
 100b; Fleta, lib. 2, c. 60, § 1. 
 
 ACTIO NOMINATAE (Lat. a named ac- 
 tion). In English law. A writ for which 
 there was a precedent in the English chan- 
 cery prior to St. 13 Edw. 1, (Westminster 
 II.) c. 34. 
 
 The clerks would make no writs except in 
 such actions prior to this statute, according 
 to some accounts. 17 Serg. & R. (Pa.) 195. 
 See "Action;" "Case." 
 
 ACTIO NON. In pleading. The declara- 
 tion in a special plea "that the said plaintiff 
 ought not to have or maintain his aforesaid 
 action thereof against" the defendant (in 
 Latin, actio non habere debet). 
 
 It follows immediately after the state- 
 ment of appearance and defense. 1 Chit. PI. 
 531; 2 Chit. PI. 421; Steph. PI. 394. 
 
 ACTIO NON ACCREVIT INFRA SEX 
 ANNOS (Lat.) The action did not accrue 
 within six years. 
 
 ^— In Pleading. A plea of the statute ol 
 limitations, by which the defendant insists 
 that the plaintiff's action has not accrued 
 
ACTIO NON DATUR 
 
 21 
 
 ACTIO QUANTI MINORIS 
 
 within six years. It differs from non as- 
 sumpsit in this: Non assumpsit is the prop- 
 er plea to an action on a simple contract, 
 ■when the action accrues on the promise; 
 but when it does not accrue on the promise, 
 but subsequently_ to it, the proper plea is 
 actio non accrevit, etc. Lawes, PI. 733; 5 
 Bin. (Pa.) 200, 203; 2 Salk. 422; 1 Saund. 
 33, note 2; 2 Saund. 63b. 
 
 ACTIO NON DATUR NON DAMNIFICO. 
 
 An action is not given to one who is not 
 injured. Jenk. Cent. Cas. 69. 
 
 ACTIO NON FACIT REUM, NISI MENS 
 sit rea. An action does not make one guilty 
 unless the intention be bad. Lofft, 37. 
 
 ACTIO NON ULTERIUS (Lat.) In English 
 pleading. A name given to the distinctive 
 clause in the plea to the further mainte- 
 nance of the action, introduced in place of 
 the plea puis darrein continuance; the aver- 
 ment being that the plaintiff ought not 
 further (tdterius) to have or maintain his 
 action. Steph. PI. 64, 65, 401, 
 
 ACTIO NOXALIS. In the civil law. A 
 noxal action; an action which lay against a 
 master for a crime committed or injury done 
 by his slave, and in which the master had 
 the alternative either to pay for the dam- 
 age done or to deliver up the slave to the 
 complaining party. Inst. 4. 8. pr.; Heinec. 
 Elem. Jur. Civ. lib. 4, tit. 8; Halifax, Anal, 
 bk. 3, c. 2. So called from noxa, the slave 
 or offending person or noxia, the offense or 
 injury itself. Inst. 4. 8. 1. 
 
 ACTIO PERPETUA. In the civil law. A 
 perpetual or unlimited action; one not lim- 
 ited to any particular period within which 
 it should be brought. Inst. 4. 12. pr. The 
 opposite of the actio temporalis (q. v.) 
 
 ACTIO PERSONALIS. A personal action. 
 The proper term in the civil law is actio in 
 personam, 
 
 ACTIO PERSONALIS MORITUR CUM 
 persona (Lat.) A personal action dies with 
 the person. 
 
 In Practice. A maxim which formerly 
 
 expressed the law in regard to the surviving 
 of personal actions. 
 
 ACTIO PIGNORATICIA. In the civil law. 
 An action of pledge; an action founded on 
 the contract of pledge {pignus). Dig. 13. 7; 
 Code, 4. 24. 
 
 ACTIO POENAE PERSECUTORIA. In 
 
 the civil law. An action prosecuted for a 
 penalty only, and not for a specific thing. 
 Inst. 4. 6. 16. 18. 
 
 ACTIO POENALIS. In the civil law. A 
 penal action; an action brought to enforce 
 the payment of a private penalty. 1 Mack- 
 eld. Civ. Law, p. 193, § 196. 
 
 ACTIO POENALIS IN HAEREDEM NON 
 datur, nisl forte ex damno locupletlor haeres 
 factus sit. A penal action Is not given 
 against an heir, unless, indeed, such heir is 
 benefited by the wrong. 
 
 ACTIO PRAEJUDICIALIS. In the civil 
 law. A preliminary or preparatory action; 
 an action brought for the determination of 
 some point or question arising in another 
 or principal action, and so called from its 
 being determined before (prius, or prae 
 judicari) the principal action could pro- 
 ceed. Bracton, 104a; Cowell. Of this nature 
 were actions for determining a man's civil 
 state or condition, as whether he was a 
 freeman or a slave, legitimate or illegiti- 
 mate. Inst. 4. 6. 13; Heinec. Elem. Jur. 
 Civ. lib. 4, tit. 6, § 1142; Halifax, Anal. bk. 
 3, c. 1, note 14. 
 
 ACTIO PRAESCRIPTIS VERBIS. In civ- 
 il law. A form of action which derived its 
 force from continued usage or the responsa 
 pmdentium, and was founded on the unwrit- 
 ten law. 1 Spence, Eq. Jur. 212. 
 
 The distinction between this action and 
 an actio in factum is said to be that the 
 latter was founded, not on usage or the un- 
 written law, but by analogy to or on the 
 equity of some subsisting law. 1 Spence, Eq. 
 Jur. 212. 
 
 ACTIO PRAETORIA. In the civil law. A 
 praetorian action; one introduced by the 
 praetor, as distinguished from the more 
 ancient actio civilis. Inst. 4. 6. 3; 1 Mackeld. 
 Civ. Law, p. 189, § 194. 
 
 ACTIO PRO SOCIO. In the civil law. An 
 action for a copartner; an action which one 
 copartner (socius) might have against an- 
 other. Dig. 17. 2; Code, 4. 37. 
 
 ACTIO PROPRIA. Ad action brought for 
 the recovery of a several thing {res pro- 
 pria), as distinguished from a thing held 
 in common. Bracton, fol. 103a. 
 
 ACTIO PUBLICIANA. In the civil law. 
 An action which lay for one who had lost 
 a thing of which he had bona fide obtained 
 possession before he had gained a property 
 (dominium) in it, in order to have it re- 
 stored, under color that he had obtained a 
 property in it by prescription. Inst. 4. 6. 4; 
 Dig. 6. 2; Heinec. Elem. Jur. Civ. lib. 4, tit. 
 6, § 1131; Halifax, Anal. bk. 3, c. 1, note 9. 
 It was an honorary action, and derived its 
 name from the praetor Publicius, by whose 
 edict it was first given. Inst. 4. 6. 4. 
 
 ACTIO QUAELIBET IT SUA VIA. Every 
 action proceeds in its own course. Jenk. 
 Cent. Cas. 77. 
 
 ACTIO QUANTI MINORIS. In the civil 
 law. An action given to a purchaser who 
 had paid more for a thing than it was in- 
 trinsically worth, to recover back so much 
 of the price as the thing was of less value 
 
ACTIO QUOD JUSSU 
 
 22 
 
 ACTIO VI BONORUM RAPTORUM 
 
 (quanti minoris), or fell short in value, by 
 reason of the defect. Poth. Cont. pt. 2, c. 1, 
 § 4, art. 5; 1 Karnes, Eq. 271. 
 
 ACTIO QUOD JUSSU. In the civil law. 
 An action given against a master, founded 
 on some business done by his slave, acting 
 under his order (jussu). Inst. 4. 7. 1; Dig. 
 15. 4; Code, 4. 26. 
 
 ACTIO QUOD METUS CAUSA. In the 
 
 civil law. An action granted by unlawful 
 force, or fear (metus causa) that was not 
 groundless (metus probabilis or Justus) , to 
 deliver, sell, or promise a thing to another. 
 Bracton, fol. 103b; 1 Mackeld. Civ. Law, p. 
 120, § 216. 
 
 ACTIO (or INTERDICTUM) QUOD VI 
 
 aut clam. In the civil law. An action 
 which lay where one forcibly or clandestine- 
 ly (vi aut clam) erected or demolished a 
 building on his own or another's ground, 
 and thereby unlawfully injured another; its 
 object being to get everything restored to 
 its former condition, and to obtain damages. 
 Dig. 43. 24. 1. Bracton gives this action a 
 place in his system of remedies, defining it 
 as one which lay against him who had 
 erected or prostrated a building on another's 
 land, and concealed himself in order to 
 avoid being prevented from doing it {et se 
 occultavit, ne sibi prohiberetur) , and ob- 
 serves that the offender might by this ac- 
 tion be compelled to restore everything to 
 its former state, at his own expense. Brac- 
 ton, fols. 103b, 104a. 
 
 ACTIO REAL IS (Lat) A real action. 
 The proper term in the civil law was rei 
 vindicatio. 
 
 ACTIO REDHIBITORIA. In civil law. An 
 action to compel a vendor to take back the 
 thing sold, and return the price paid.' 
 
 ACTIO REI PERSECUTORIA. In the 
 
 civil law. An action for the recovery of a 
 specific thing (rei presequendae causa com- 
 parata) or damages; as distinguished from 
 the actio poenae persecutoria, and the actio 
 mixta. Inst. 4. 6. 16. 17; 1 Mackeld. Civ. 
 Law, p. 192, § 196. 
 
 ACTIO RERUM AMOTARUM. In the 
 
 civil law. An action for things removed; 
 an action which, in cases of divorce, lay for 
 a husband against a wife, to recover things 
 carried away by the latter, in contemplation 
 of such divorce (divortii consilio). Dig. 25. 
 2; Id. 25. 2. 25. 30. It also lay for the wife 
 against the husband in such cases. Id. 25. 
 2. 7. 11; Code, 5, 21. 
 
 ACTIO RESCISSORIA. In cWl law. An 
 action for rescinding a title acquired by pre- 
 scription in a case where the party bringing 
 the action was entitled to exemption from 
 the operation of the prescription. 
 
 ACTIO SEPULCHRI VIOLATI. In the 
 
 civil law. An action for violating a grave. 
 Dig. 47. 12; Code, 9. 19. 
 
 ACTIO SERVIANA. In the civil law. An 
 action which lay for the lessor of a farm, 
 or rural estate, to recover the gopds of the 
 lessee or farmer, which were pledged or 
 bound for the rent. Inst. 4. 6. 7; Heinec. 
 Elem. Jur. Civ, lib. 4, tit. 6, § 1139; Halifax, 
 Anal. bk. 8, c. 1, note 12. 
 
 ACTIO SPECIALIS. In the civil law. A 
 special action; an action brought to enforce 
 the delivery of one of several single things. 
 1 Mackeld. Civ. Law, p. 193, § 196; Dig. 
 6. 1. 1. 
 
 ACTIO STRICTI JURIS (Lat. an action ol 
 strict right). An action in which the judge 
 followed the formula that was sent to him- 
 closely, administered such relief only as that 
 warranted, and admitted such claims as 
 were distinctly set forth by the pleadings of 
 the parties. 1 Spence, Eq. Jur. 218, 
 
 ACTIO TEMPORALIS. In the civil law. 
 A temporary action; an action limited to a 
 certain time, within which it was to be in- 
 stituted, on pain of losing it; the opposite 
 of actio perpetua (q. v.) Inst. 4. 12. 
 
 ACTIO TRIBUTORIA. In the civil law. 
 An action for distribution (Lat. tribuere, to 
 distribute) ; an action which lay for the 
 creditor of a son or slave, who had traded 
 upon his peculium,, with the knowledge of 
 his father or master, to obtain from the lat- 
 ter a distributive or proportionate share of 
 the goods traded in (peculiares merces), or 
 their proceeds. Inst. 4. 7. 3; Heinec. Elem. 
 Jur. Civ. lib. 4, tit. 7, § 1217; Halifax, Anal, 
 bk. 3, c. 2, note 6. 
 
 ACTIO TUTELAE. Tn the civil law. An 
 action of tutelage. 
 
 ACTIO (or INTERDICTUM) UNDE VI. 
 In the civil law. An action or interdict 
 which lay to recover possession of an im- 
 movable thing, as land, of which one had 
 been deprived by force. So called from the 
 formal words in it, — unde tu Ulum vi de- 
 jecisti, from which you have ejected him by 
 force. Gaius, Inst. iv. 154; Inst. 4. 15. 6; 
 Dig. 43. 16. It resembled the modern action 
 of ejectment, and is adopted by Bracton in 
 his system of actions. Bracton, fol. 103b. 
 
 ACTIO UTILIS. An action for the bene- 
 fit of those who had the beneficial use of 
 property, but not the legal title; an equi- 
 table action. 1 Spence, Eq. Jur. 214. 
 
 It was subsequently extended to include 
 many other instances where a party was 
 equitably entitled to relief, although he did 
 not come within the strict letter of the law 
 and the formulae appropriate thereto. 
 
 ACTIO VENDITI.. See "Actio ex Vendl- 
 to." 
 
 ACTIO VI BONORUM RAPTORUM, In 
 
 the civil law. An action for goods taken by 
 force; a species of mixed action, which lay 
 
ACTIO VULGARIS 
 
 23 
 
 ACTION 
 
 for a party whose goods or movables (bona) 
 had been taken from him by force (vi), to 
 recover the things so taken, together with 
 a penalty of triple the value. Inst. 4. 2; 
 Id. 4. 6. 19. Bracton describes it as lying 
 de rebus mobUibus vi ablatis sive robbatis, 
 for movable things taken away by force, 
 or robbed. Bracton, fol. 103b. 
 
 ACTIO VULGARIS. In civil law. A legal 
 action; a common action. 
 
 ACTION (Lat. agere, to do; to lead; to 
 conduct). A doing of something; something 
 done. 
 
 The term is, in legal usage, confined to 
 practice, having no technical meaning, in 
 the substantive law, except in the French 
 law, in which it denotes shares in a com- 
 pany, or stock in a corporation. 
 
 It signifies the formal demand of one's 
 right from another person or party made 
 and insisted on in a court of justice. 
 
 In Justinian's Institute, "action" was de- 
 fined as the right of pursuing in a court of 
 justice what was due one's self. Inst. 4. In 
 the Digest, however, it was defined as the 
 right of pursuing, the pursuit itself, or ex- 
 ercise of this right, or the form of proceed- 
 ings by which it was exercised. Dig. 50. 16. 
 16; Id. 1. 2. 10. This definition is adopted 
 by Mr. Taylor (Tayl. Civ. Law, p. 50). In 
 modem usage, the signification of the right 
 of pursuing has been generally dropped, 
 though it is recognized by Bracton (98b), 
 Coke (2d Inst. 40), and Blackstone (3 
 Comm. 116) , while the two latter senses, of 
 the exercise of the right, and the means or 
 method of its exercise, are in general use. 
 
 The vital idea of an action is a proceeding 
 • on the part of one person as actor against 
 another, for the infringement of some right 
 of the first, before a court of justice, in the 
 manner prescribed by the court or the law. 
 Subordinate to this is now connected in a 
 quite common use the idea of the answer 
 of the defendant or person proceeded 
 against; the adducing evidence by each 
 party to sustain his position; the adjudica- 
 tion of the court upon the right of the plain- 
 tiff; and the means taken to enforce the 
 right, or recompense the wrong done, in 
 case the right is established and shown to 
 have been injuriously affected. 3 How. Pr. 
 (N. Y.) 318. 
 
 All proceedings in the court up to the 
 final termination of the litigation, whether 
 instituted by a party, by a third person, or 
 by the court of its own motion, are part of 
 the action, if incidental; the principal reme- 
 dy constituting the action, and founded on 
 its existence. Even when regulated by 
 special statute, such proceedings are con- 
 sidered proceedings in the action, and not 
 special proceedings, except where the stat- 
 utes otherwise declare, or the papers are so 
 entitled as to forbid their being so treated. 
 
 As distinguished from "suit," the word 
 "action" is generally applied to proceedings 
 
 at law, and "suit" to proceedings in equity. 
 9 Barb. (N. Y.) 300. See "Suit." 
 
 Actions are to be distinguished from those 
 proceedings, such as writ of error, scire 
 facias, mandamus, and the like, where, un- 
 der the form of proceedings, the court, and 
 not the plaintiff, appears to be the actor. 
 6 Bin. (Pa.) 9. 
 
 Actions are classified as (1) in the civil 
 law, or (2) in the common law. 
 
 (1a) Civil Actions In the Civil Law. 
 
 Those personal actions which are instituted 
 to compel payments, or do some other thing 
 purely civil. Poth. Introd. Gen. aux Cou- 
 tumes, 110. 
 
 (lb) Criminal Actions In tiie Civil 
 
 Law. Those personal actions In which the 
 plaintiff asks reparation for the commis- 
 sion , of some tort or injury which he or 
 those who belong to him have sustained. 
 
 (1c) Mixed Actions in tlie Civil Law. 
 
 Those which partake of the nature of both 
 real and personal actions; as actions of par- 
 tition;, actions to recover property and dam- 
 ages. Inst. 4. 6. 18-20; Domat. Supp. Civ. 
 Law, liv. 4, tit. 1, note 4. 
 
 — — (Id) Mixed Personal Actions in tlie 
 Civil Law. Those which partake of both 
 a civil and a criminal character. 
 
 (1e) Personal Actions in the Civil 
 
 Law. Those in which one person {actor) 
 sues another as defendant (reus) in respect 
 of some obligation which he is under to the 
 actor, either ex contractu or ex delicto, to 
 perform some act or make some compensa- 
 tion. 
 
 (If) Real Actions in the Civil Law. 
 
 Those by which a person seeks to recover 
 his property, which is in the possession of 
 another. 
 
 (2a) Civil Actions in the Common 
 
 Law. Those actions which have for their 
 object the recovery of private or civil rights, 
 or of compensation for their infraction. 
 
 (2b) Criminal Actions in the Com- 
 mon Law. Those actions prosecuted In a 
 court of justice, in the name of the govern- 
 ment, against one or more individuals ac- 
 cused of a crime. See 1 Chit. Crim. Law. 
 
 (2c) Local Actions in the Common 
 
 Law. Those civil actions the cause of which 
 could have arisen in some particular place 
 or county only. See "Local Action." 
 
 (2d) Mixed Actions in the Common 
 
 Law. Those which partake of the nature 
 of both real and personal actions. See 
 "Mixed Action." 
 
 (2e) Personal Actions in the Com- 
 mon Law. Those civil actions which are 
 brought for the recovery of personal prop- 
 erty, for the enforcement of some contract, 
 or to recover damages for the commission 
 of an injury to the person or property. See 
 "Personal Action." 
 
 (2f) Real Actions in the Common 
 
 Law. Those brought for the specific re- 
 covery of lands, tenements, or heredita- 
 ments. Steph. PI. 3. See "Real Action." 
 
ACTION FOR POINDING 
 
 24 
 
 ACTS OP SEDERUNT 
 
 ~— (2g) Transitory Actions In the Com- 
 mon Law. Those civil actions the cause of 
 which might have arisen in one place or 
 county as vrell as another. 
 
 ACTION FOR POINDING OF THE 
 ground. See "Poinding." 
 
 ACTION IN PERSONAM. See "Actio in 
 Personam." 
 
 ACTION IN REM. See "Actio in Rem." 
 
 ACTION OF A WRIT. A phrase used 
 when a defendant pleads some matter by 
 which he shows that the plaintiff had no 
 cause to have the writ sued upon, although 
 it may be that he is entitled to another writ 
 or action for the same matter. Cowell. 
 
 ACTION OF ABSTRACTED MULTURES. 
 In Scotch law. An action for multures or 
 tolls against those who are thirled to a 
 mill, i. e., bound to grind their corn at a 
 certain mill, and fail to do so. Bell, Diet. 
 
 ACTION OF ADHERENCE. In Scotch 
 law. An action competent to a husband or 
 wife, to compel either party to adhere in 
 case of desertion. It is analogous to the 
 English suit for restitution of conjugal 
 rights. Wharton. 
 
 ACTION OF BOOK DEBT. A form of 
 action resorted to in the states of Connecti- 
 cut and Vermont for the recovery of claims, 
 such as usually evidenced by a book ac- 
 count. 1 Day (Conn.) 105; 4 Day (Conn.) 
 105; 2 Vt. 366. See 1 Conn. 75; 11 Conn. 
 205. 
 
 ACTION ON THE CASE. See "Case." 
 
 ACTION ORDINARY. In Scotch law. 
 All actions which are not rescissory. 
 
 ACTION REDHIBITORY. See "Redhib- 
 itory Action." 
 
 ACTION RESCISSORY. See "Rescisso- 
 ry Actions." 
 
 ACTIONABLE. For which an action will 
 lie 3 Bl. Comm. 23. 
 
 ACTIONARY. A commercial term used 
 in Europe to denote a proprietor of shares 
 or actions in a joint-stock company. 
 
 ACTI ONES. Actions. Plural of actio (q. 
 v.), and is used in combination in the 
 same manner. 
 
 ACTIONUM GENERA MAXIME SUNT 
 servanda. The kinds of actions are espe- 
 cially to be preserved. Loilt, 460. 
 
 ACTIVE. That which requires action. 
 Thus, an active trust is one requiring action 
 by the trustee to execute the donor's will. 
 
 ACTON BURN ELL. An ancient English 
 statute, so called because enacted by a 
 parliament held at the village of Acton 
 Bumell. 
 
 It is otherwise known as statutum merca- 
 torum or de mercatoribus, the statute of 
 the merchants. It was a statute for the col- 
 lection of debts, the earliest of its class, be- 
 ing enacted in 1283. 
 
 A further statute for the same object, and 
 known as De Mercatoribus, was enacted 13 
 Edw. I. c. 3. See "Statute Merchant." 
 
 ACTOR (Lat. agere) . In civil law. 
 
 (1) A patron, pleader, or advocate. Du 
 Cange; Cowell; Spelman. 
 
 Actor ecclesiae was an advocate for a 
 church; one who protects the temporal in- 
 terests of a church. Actor villae wa? the 
 steward or head bailiff of a town or village. 
 Cowell. 
 
 (2) One who takes care of his lord's 
 lands. Du Cange. 
 
 (3) A guardian or tutor; one who trans- 
 acts the business of his lord or principal; 
 nearly synonymous with "agent," which 
 comes from the same word. 
 
 The word has a variety of closely related 
 meanings, very nearly corresponding with 
 "manager." Thus, actor dominae, manager 
 of his master's farms; actor ecclesiae, man- 
 ager of church property; actores provincia- 
 rum, tax gatherers, treasurers, and mana- 
 gers of the public debt. 
 
 (4) A plaintiff; contrasted with reus, the 
 defendant. Actores regis, those who claim- 
 ed money of the king. Du Cange; Spel- 
 man; Cowell. 
 
 ACTOR QUI CONTRA REGULAM QUID 
 adduxit non est audrindus. A pleader 
 ought not to be heard who advances a prop- 
 osition contrary to the rules of law. 
 
 ACTOR SEQUITUR FORUM REI. The 
 
 plaintiff must follow the forum of the thing 
 in dispute. Karnes, Law Tr. 232; Story, 
 Confl. Laws, § 325k; 2 Kent, Comm. 462. 
 
 ACTORE NON PROBANTE REUS AB- 
 solvitur. If the plaintiff does not prove his 
 case, the defendant is absolved. Hob. 103. 
 
 ACTORI INCUMBIT ONUS PROBANDI. 
 The burden of proof lies on the plaintiff. 
 Hob. 103. 
 
 ACTORNAY. In old Scotch law. Attor- 
 ney; an attorney. Skene de Verb. Sign. voc. 
 "Actornatus." 
 
 ACTRIX (L,at.) A female actor; a fe- 
 male plaintiff. Calv. Lex. 
 
 ACTS OF COURT. Legal memoranda 
 made in the admiralty courts in England, In 
 the nature of pleas. For example, the Eng- 
 lish court of admiralty disregards all tend- 
 ers except those formally made 'by acts of 
 court. Abb. Shipp, 403; Dunlop, Adm. Prac. 
 104, 105; 4 C. Rob. Adm. 103; 1 Hagg. Adm. 
 157. 
 
 ACTS OF SEDERUNT. In Scotch law. 
 Ordinances for regulating the forms of pro- 
 
ACTUAL CASH VALUE 
 
 26 
 
 ACTUS REPUGNUM 
 
 ceeding, before the court of session, in 
 the administration of justice, made by the 
 judges, who have the power by virtue of a 
 Scotch act of parliament passed in 1540. 
 Ersk. Princ. bk. 1, tit. 1, § 14. 
 
 ACTUAL CASH VALUE. The fair and 
 reasonable cash price for which property 
 can be sold in the market. It is synony- 
 mous with "fair cash value." 193 111. 474. 
 
 ACTUAL DAMAGES. See "Damages." 
 
 ACTUAL DELIVERY. See "Delivery." 
 
 ACTUAL EVICTION. An eviction cou- 
 pled with a physical expulsion. 167 111. 98. 
 
 ACTUAL FRAUD. Deception practiced in 
 order to induce another to part with prop- 
 erty or to surrender some legal right, and 
 which accomplishes the end designated. 156 
 111. 55. 
 
 ACTUAL NOTICE. See "Notice." 
 
 ACTUAL OCCUPATION. See "Occupa- 
 tion." 
 
 ACTUAL OUSTER. See "Ouster." 
 
 ACTUAL POSSESSION. See "Posses- 
 sion." 
 
 ACTUAL TOTAL LOSS. In marine In- 
 surance the complete destruction of the in- 
 sured vessel, so that it cannot be recovered 
 or repaired, as distinguished from construc- 
 tive total, which authorizes an abandon- 
 ment to the underwriters. 25 Ohio St. 64. 
 See "Abandonment." 
 
 ACTUARIUS (Lat.) One who drew the 
 acts or statutes; one who wrote in brief the 
 public acts. 
 
 An officer who . had charge of the public 
 baths; an officer who received the money 
 for the soldiers, and distributed it among 
 them; a sotary. 
 
 An actor (q. v.) Du Cagne. 
 
 ACTUARY. The manager of a joint- 
 stock company, particularly an insurance 
 company. Penny, Cyc. 
 
 A clerk, in some corporations vested with 
 various powers. 
 
 In Ecclesiastical Law. A clerk who 
 
 registers the acts and constitutions of the 
 convocation. 
 
 ACTUM (Lat. agere). A deed; some- 
 thing done. 
 
 Datum relates to the time of the delivery 
 of the instrument; actum, the time of mak- 
 ing it; factum, the thing made. Gestum de- 
 notes a thing done without writing; actum, 
 a thing done in writing. Du Cagne, "Actus." 
 
 ACTUS (Lat. agere, to do; actus, done). 
 
 In Civil Law. A thing done. See 
 
 "Actum." 
 
 — : — In Roman Law. A servitude which 
 carried the right of driving animals and 
 vehicles across the lands of another. 
 
 It included also the iter, or right of pass- 
 ing across on foot or on horseback. 
 
 In English Law. An act of parlia- 
 ment. 8 Coke, 40. 
 
 A foot and horse way. Co. Litt. 56a. 
 
 ACTUS CURIAE NEMINEM GRAVABIT. 
 An act of the court shall prejudice no man. 
 Jenk. Cent. Cas. 118; Broom, Leg. Max. (3d 
 London Ed.) 115; 1 Strange, 126; 1 Smith, 
 Lead. Cas. 245-255; 12 C. B. 415. 
 
 ACTUS DEI NEMINEM FACIT INJURI- 
 
 am. The act of God does wrong to no one, 
 — that is, no one is responsible in damages 
 for inevitable accidents. 2 Bl. Comm. 122; 
 1 Coke, 97b; 5 Coke, 87; Co. Litt. 206a; 4 
 Taunt. 309; 1 Term R. 33. See "Act of 
 God." 
 
 ACTUS INCEPTUS CUJUS PERFECTIO 
 pendet ex voiuntate partium, revocarl po- 
 test; si autem pendet ex voiuntate tertlae 
 personae, vei ex contingent!, revocarl non 
 potest. An act already begun, whose com- 
 pletion depends upon the will of the parties, 
 may be recalled; but if it depend on the 
 consent of a third person, or on a contin- 
 gency, it cannot be recalled. Bac. Max. 
 reg. 20. See Story, Ag. § 424. 
 
 ACTUS JUDICIARIUS CORAM NON JU- 
 dlce irritus habetur; de minlsterill autem 
 a quocunque provenit ratum esto. A judi- 
 cial act before one not a judge is void; as 
 to a ministerial act, from whomsoever it 
 proceeds, let it be valid. Lofft, 458. 
 
 ACTUS LEGIS NEMINI EST DAMNOSUS. 
 
 The act of the law is hurtful to no one; an 
 act in law shall prejudice no man. 2 Inst. 
 287. 
 
 ACTUS LEGIS NEMINI FACIT INJURI- 
 
 am. The act of the law does no one wrong. 
 5 Coke, 116; 2 Sarswood, Bl. Comm. 123. 
 
 ACTUS LEGITIMI NON RECIPIUNT MO. 
 dum. Acts required by law admit of no 
 qualification. Hob. 153; Branch, Princ. 
 
 ACTUS ME INVITO FACTUS, NON EST 
 meus actus. An act done by me against 
 my will is not my act. Bracton, 101b. 
 
 ACTUS NON^ REUM FACIT NISI MENS 
 rea. The act does not make a person 
 guilty unless the intention be guilty also. 
 This maxim applies only in criminal cases; 
 in civil matters it is otherwise. Broom, Leg. 
 Max. (3d London Ed.) 270, 275, 329; 7 Term 
 R. 514; 3 Bing. N. C. 34, 468; 5 Man. & G. 
 639; 3 C. B. 229; 5 C. B. 380; 9 Clark & F. 
 531; 4 N. Y. 159, 163, 195; 2 Bouv. Inst, 
 note 2211. 
 
 ACTUS REPUGNUM NON POTEST IN 
 esse produci. A repugnant act cannot be 
 
ACTUS SERVI 
 
 26 
 
 AD FILUM AQUAE 
 
 brought into being, i. e., cannot be made ef- 
 fectual. Plowd. 355. 
 
 ACTUS SERVI IN IIS QUIBUS OPERA 
 ejus communiter adhiblta est, actus domi- 
 ni habetur. The act of a servant in those 
 things in which he is usually employed is 
 considered the act of his master. Loift, 
 227. 
 
 AD. In Latin phrases. A preposition de- 
 noting at, by, for, near, on account of, to, 
 until, upon. 
 
 AD ABUNDANTIOREM CAUTELAM 
 (Lat.) For greater caution. 
 
 AD ADMITTENDUM CLERICUM. For 
 
 the admitting of the clerk. A writ com- 
 manding the bishop to admit his clerk, up- 
 on the success of the latter in a quare im- 
 pedit. 
 
 AD ALIUD EXAM EN (Lat.) To another 
 tribunal. Calv. Lex. 
 
 AD ALIUM DIEM. At another day. A 
 common phrase in the old reports. Y. B. 
 P. 7 Hen. VI. 13. 
 
 AD ASSISAS CAPIENDAS. To take as- 
 sizes; to take or hold the assizes. Bracton, 
 fol. 110a; 3 Bl. Comm. 185. Ad assisam 
 cwpievdam, to take an assize. Bracton, fol. 
 110b. ' 
 
 AD AUDIENDUM ET TERMINANDUM. 
 
 To hear and determine. 
 
 AD BARRAM (Lat.) To the bar; at the 
 bar. 3 How. St. Tr. 112. 
 
 AD CAMPI PARTEM. For a share of the 
 field or land {ut particeps fiat) for cham- 
 pert. Fleta, lib. 2, c. 36, § 4. 
 
 AD CAPTUM VULGI. Adapted to the 
 common understanding. 
 
 AD COLLIGENDUM BONA DEFUNCT). 
 
 To collect the goods of the deceased. Spe- 
 cial letters of administration granted to one 
 or more persons, authorizing them to collect 
 and preserve the goods of the deceased, are 
 so called. 2 Bl. Comm. 505 ; 2 Steph. Comm. 
 241. These are otherwise termed "letters 
 ad colligendum," and the party to whom 
 they are granted, a "collector." 2 Rev. St. 
 N. Y. p. 19, §§ 38, 39. 
 
 AD COMMUNEM LEGEM. At common 
 law. The name of a species of writ of en- 
 try, now obsolete. 
 
 Formerly, when tenants for life in dower 
 or by the curtesy aliened the land which 
 they held, the reversioner might, after their 
 death, have the writ to recover possession. 
 3 Bl. Comm. 183, note (z) ; 1 Rose. Real Ac- 
 tions, 93, 94. 
 
 AD COMPARENDUM. To appear. Reg. 
 Orig. 60a. Ad compapendum, et ad standum 
 juri, to appear and to stand to the law, or 
 
 abide the judgment of the court. Cro. Jac. 
 67. 
 
 AD COMPUTUM REDDENDUM. To ren- 
 der an account; 
 
 AD CURIAM. At or to court. 
 
 AD CUSTUM, or AD CUSTAQIA. At the 
 
 cost. 1 Sharswood, Bl. Comm, 314; Toul- 
 lier. Dr. Civ., Cowell; Whishaw. 
 
 AD DAMNUM (Lat. damnae). To the 
 damage. 
 
 In Pleading. The technical name of 
 
 that part of the writ which contains a state- 
 ment of the amount of the plaintiff's injury. 
 
 The plaintiff cannot recover greater dam- 
 ages than he has laid in the ad damnum. 
 2 Greenl. Ev. § 260. 
 
 AD DEFENDENDUM (Lat.) to defend. 
 1 Bl. Comm. 227. 
 
 AD DIEM (Lat.) At a (or the) day. 
 
 AD EA QUAE FREQUENTIM ACCIDUNT 
 jura adaptantur. The laws are adapted to 
 those cases which occur more frequently. 
 Coke, 2d Inst. 137; Wingate, Max. 216; Dig. 
 1. 3. 3; 19 How. St. Tr. 1061; 3 Barn. & C. 
 178, 183; 2 Cromp. & J. 108; 7 Mees. & W. 
 599, 600; Vaughan, 373; 5 Coke, 38, 128; 6 
 Coke, 77; 11 Exch. 476; 12 How. (U. S.) 
 312; Broom, Leg. Max. (3d London Ed.) 
 4L 
 
 AD EXCAMBIUM (Lat.) For exchange; 
 for compensation. 
 
 AD EXHAEREDITATIONEM. To the dis- 
 herison, or disinheriting. 
 
 The writ of waste calls upon the tenant 
 to appear and show cause why he hath com- 
 mitted waste and destruction in the place 
 named ad exhaereditationem, etc. 3 Bl. 
 Comm. 228; Fitzh. Nat. Brev. 55. 
 
 AD EXITUM (Lat.) At the end of the 
 pleadings; at issue. Steph. PI. 24. 
 
 AD FACTUM PRAESTANDUM. In Scotch 
 law. The name given to a class of obliga- 
 tions of great strictness. 
 
 A debtor ad fqc. praes. is denied the bene- 
 fit of the act of grace, the privilege of sanc- 
 tuary, and the cessio bonorum. Ersk. Inst, 
 lib. 3, tit. 3, § 62; Kames, Eq. 216. 
 
 AD FIDEM. In allegiance. 2 Kent, Comm. 
 56. Subjects born in allegiance are said to 
 be born ad fidem. 
 
 AD FILUM AQUAE. To the thread of 
 the stream; to the middle of the stream. 2 
 Cush. (Mass.) 207; 4Hill (N. Y.) 369; 2 N. 
 H. 369; 2 Washb. Real Prop. 632, 633; 3 
 Kent, Comm. 423 et seq. 
 
 A former meaning seems to have been, to 
 a stream of water. Cowell-; Blount. Ad 
 Medium, filum aquae would be etymological- 
 ly more exact (2 Eden. Inj. 260) , and is of- 
 
AD FILUM VIAE 
 
 27 
 
 AD QUEM 
 
 ten used; but the common use of ad filum 
 aquae is undoubtedly to the thread oif the 
 stream (3 Sumn. [U. S.] 170; 1 McCord [S. 
 C] 580; 3 Kent, Comm. 431; 20 Wend. [N. 
 y.] 149; 4 Pick. [Mass.] 272). 
 
 AD FILUM VIAE (Lat.) To the middle 
 of the way. 8 Mete. (Mass.) 260. 
 
 AD FINEM (Lat., abbreviated ad fin.) To 
 the end. 
 
 AD FIRMAM. To farm. 
 
 Derived from an old Saxon word denoting 
 rent, according to Blackstone, occurring in 
 the phrase, dedi concessi et ad firmam tra- 
 didi, I have given, granted, and to farm let, 
 2 Sharswood, Bl. Comm. 317. Ad firmam 
 noctis was a fine or penalty equal in amount 
 to the estimated cost of entertaining the 
 king for one night. Cowell. Ad feodi fir- 
 mam, to fee farm. Spelman; Cowell. 
 
 AD GAOLAS DELIBERANDAS (Lat.) To 
 deliver the gaols; to empty the gaols. Brac- 
 ton, fol. 109b. 
 
 AD GRAVAMEN (Lat.) To the injury. 
 
 AD HUNC DIEM (Lat.) At this day. 
 
 AD IDEM (Lat.) To the same point or 
 effect. 
 
 AD INDE (Lat.) Thereunto. 
 
 AD INFINITUM (Lat.) Indefinitely; with- 
 out Ihnit. 
 
 AD INQUIRENDUM (Lat. for inquiry.) In 
 practice. A judicial writ, commanding in- 
 quiry to be made of anj^hing relating to a 
 cause depending in court. 
 
 AD INSTANTIAM (Lat.) At the instance. 
 
 AD INTERIM (Lat.) In the meantime. 
 
 An officer is sometimes appointed ad in- 
 terim, when the principal officer is absent, 
 or for some cause incapable of acting for 
 the time. 
 
 AD JUDICIUM. To judgment; to court. 
 
 AD JUNGENDUM AUXILIUM. To join- 
 ing in aid; to join in aid. See "Aid Prayer." 
 
 AD JURA REGIS. To the rights of the 
 king; a writ which was brought by the 
 king's clerk; presented to a living, against 
 those who endeavored to eject him, to the 
 prejudice of the king's title. Reg. Writs, 61. 
 
 AD LARGUM. At large; as, title at 
 large; assize at large. See Dane, Abr. c. 
 144, art. 16, i 7. 
 
 AD LITEM (Lat. Ktes). For the suit. 
 
 Every court has the power to appoint a 
 guardian ad litem. 2 Kent, Comm. 229; 2 
 Sharswood, Bl. Comm. 427. 
 
 AD LUCRANDUM VEL PERDENDUM. 
 For gain or loss. 
 
 AD MAJOREM CAUTELAM (Lat.) .For 
 greater caution. 
 
 AD MANUM. Ready at hand. 
 
 AD MEDIUM FILUM AQUAE, To the 
 middle thread of the stream. 
 
 AD MEDIUM FILUM VIAE. To the mid- 
 dle thread of the way. 
 
 AD MELIUS INQUIRENDUM. A writ 
 directing a coroner to hold a second or 
 further inquest 
 
 AD MORDENDUM ASSUETUS. Accus- 
 tomed to bite. A term applied to ferocious 
 animals. 
 
 AD NOCUMENTUM. To the nuisance. 
 Formal words in the assize of nuisance. 3 
 Bl. Comm. 221. 
 
 AD OFFICIUM JUSTI CIARIORUM SPEC- 
 tat, unicuique coram eis placitanti justl- 
 tiam exhibere. It is the duty of justices to 
 administer justice to every one pleading 
 before them. Coke, 2d Inst. 451. 
 
 AD OSTENDENDUM (Lat. to show). For- 
 mal words in old writs. Pleta, lib. 4, c. 65, 
 § 12. 
 
 AD OSTIUM ECCLESIAE (Lat.) At the 
 ■church door. 
 
 One of the five species of dower formerly 
 recognized at the common law. 1 Washb. 
 Real Prop. 149; 2 Bl. Comm. 132. See 
 "Dower." 
 
 AD PROXIMUM ANTECEDENS FIAT 
 
 relatio, nisi impediatur sententia. A rela- 
 tive is to be referred to the next antece- 
 dent, unless the sense would be thereby im- 
 paired. Noy, Max. (9th Ed.) 4; 2 Exch. 
 479; 17 Q. B. 833; 2 Hurl. & N. 625; 3 Bing. 
 N. C. 217; 9 Coke, 13; 13 How. (U. S.) 142. 
 
 AD QUAERIMONIAM. On complaint of. 
 
 AD QUAESTIONEM FACTI NGN RE- 
 spondent judices; ad quaestionem legis 
 non respondent juratores. Judges do not 
 answer to a question of fact; jurors do not 
 answer to a question of law. Co. Litt. 295b; 
 8 Coke, 308 (155). Or, as the converse is 
 sometimes affirmatively stated. Ad quaes- 
 tionem, juris respondent judices; ad quaes- 
 tionem, facti respondent juratores, judges 
 answer to a question of law; jurors, to a 
 question of fact; or ad quaestiones legis 
 judices, et non juratores respondent, judges, 
 and not jurors, respond to questions of law. 
 7 Mass. 279. 
 
 AD QUEM. (Lat.) To which. 
 
 The correlative term to a quo (q. v.), 
 used in the computation of time, definition 
 of a risk, etc., denoting the end of the period 
 or journey. 
 
 _ The terminus a quo is the point of be- 
 ginning or departure ; the terminus ad quem, 
 the end of the period, or point of arrival. 
 
AD QUOD CURIA CONCORDAVIT 
 
 28 
 
 ADDICERE 
 
 AO QUOD CURIA CONCORDAVIT. To 
 ivhich the court agreed. 
 
 AD QUOD DAMNUM (Lat.) What injury. 
 
 A writ issuing out of and returnable in- 
 to chancery, directed to the sheriff, com- 
 manding him to inquire by a jury what 
 damage it will be to the king, or any other, 
 to grant a liberty, fair, market, highway, or 
 the like. 
 
 The name is derived from the character- 
 istic words denoting the nature of the writ, 
 to inquire how great an injury it will be to 
 the king to grant the favor asked. Whi- 
 shaw; Fitzh. Nat. Brev. 221; Termes de.la 
 Ley. 
 
 AD QUOD NON FUIT RESPONSUM 
 (Law Lat.) To which there was no an- 
 swer. A phrase used in the reports, where 
 a pbint advanced in argument by one party 
 was not denied by the other; or where a 
 point or argument of counsel was not met 
 or noticed by the court; or where an ob- 
 jection was met by the court, and not re- 
 plied to by the counsel who raised it. 3 
 Coke, 9; 4 Coke, 40. 
 
 AD RATIONEM PONERE. To cite a 
 person to appear. 
 
 AD RECOGNOSCENDUM. To recognize. 
 Fleta,- lib. 2, c: 65, § 12. Formal words in 
 old writs. 
 
 AD RECTE DOCENDUM OPORTET, 
 primum inquirere nomina, quia rerum cognl- 
 tlo a nominlbus rerum dependet. In order 
 rightly to comprehend a thing, inquire first 
 into the names, for a right knowledge of 
 things depends upon their names. Co. 
 Litt. 68. 
 
 AD REPARATIONEM ET SUSTENTA- 
 tlonem. For repairing and keeping in suit- 
 able condition. 
 
 AD RESPONDENDUM. See "Capias ad 
 Respondendum;" "Habeas Corpus." 
 
 AD SATISFACIENDUM. See "Capias ad 
 Satisfaciendum." 
 
 AD SECTAM. At the suit of. 
 
 It is commonly abbreviated. It is used 
 where it is desirable to put the name of the 
 defendant first, as in some cases where the 
 defendant is filing his papers; thus, Roe 
 ads. Doe, where Doe is plaintiff and Roe de- 
 fendant. It is found in the indexes to cases 
 decided in some of our older American 
 books of reports, but has become pretty 
 much disused. 
 
 AD STUDENDUM ET ORANDUM. For 
 studying and praying; for the promotion of 
 learning and religion. A phrase applied to 
 colleges and universities. 1 Bl. Comm. 467; 
 T. Raym. 101. 
 
 AD TERMINUM ANNORUM. For a term 
 of years. 
 
 AD TERMINUM QUI PRAETERIT. A 
 
 writ of entry which formerly lay for the 
 lessor or his heirs, when a lease had been 
 made of lands and tenements, for term of 
 life or years, and, after the term had ex- 
 pired, the lands were withheld from the 
 lessor by the tenant, or other person pos- 
 sessing the same. Fitzh. Nat. Brev. 201. 
 
 The remedy now applied for holding over 
 is by ejectment, or under local regulations, 
 by summary proceedings. 
 
 AD TRISTEM PARTEM STRENUA EST 
 suspiclo. Suspicion lies heavy on the un- 
 fortunate side. 
 
 AD TUNC ET IBIDEM. In pleading. 
 The technical name of that part of an in- 
 dictment containing the statement of the 
 subject-matter's "then and there 6emg 
 found." Bac. Abr. "Indictment" (G 4) ; 1 N. 
 C. 93. 
 
 AD ULTIMAM VIM TERMINORUM. To 
 the utmost import of the terms. 
 
 AD USUM ET COMMODUM. To the use 
 and benefit. 
 
 AD VALENTIAM. See "Ad Valorem." 
 
 AD VALOREM (Lat.) According to the 
 valuation. 
 
 Duties may be specific or ad valorem. 
 Ad valorem duties are always estimated at 
 a certain per cent, on the valuation of the 
 property. 3 U. S. St. at Large, 732; 24 Miss. 
 501. 
 
 AD VENTREM INSPICIENDUM. To In- 
 spect the womb. A writ for the summon- 
 ing of a jury of matrons to determine the 
 question of pregnancy. 
 
 AD VIM MAJOREM VEL AD CASUS 
 fortuitos non tenetur quis^ nisi sua culpa 
 intervenerit. No one Is held to answer for 
 the effects of a superior force, or of an ac- 
 cident, unless his own fault has contributed. 
 Fleta, lib. 2, c. 72, § 16. 
 
 AD VITAM. For life. 
 
 AD VITAM AUT CULPAM. For life, or 
 until misbehavior. 
 
 Words descriptive of a tenure of office 
 "for life or good behavior," equivalent to 
 guamdiu bene se gesserit. 
 
 AD VOLUNTATEM. At will. 
 
 ■ AD WARACTUM. See "Waractum." 
 
 ADCORDABILIS DENARII. Money paid 
 by a vassal to his lord upon the selling or 
 exchanging of a feud. Enc. Lond. 
 
 ADDICERE (Lat.) In civil law. To con- 
 demn. Calv. Lex. 
 
 Addictio denotes a transfer of the goods 
 of a deceased debtor to one who assumes 
 his liabilities. Calv. Lex. The giving up to 
 
ADDITIO PROBAT 
 
 29 
 
 ADHIBERE 
 
 a creditor of his debtor's person by a magis- 
 trate; also the transfer of the debtor's goods 
 to one who assumes his liabilities. 
 
 Also used of an assignment of the person 
 of the debtor to the successful party in a 
 suit. 
 
 ADDITIO PROBAT MINORITATEM. An 
 addition proves inferiority. Coke, 4th Inst. 
 80; Wingate, Max. 211, max. 60; Litt. § 293; 
 Co. Litt. 189a. 
 
 ADDITION (Lat. additio, an adding to). 
 
 Whatever is added to a man's name by 
 way of title or description, as additions of 
 mystery, place, or degree. Cowell; Termes 
 de la Ley; 10 Wentw. PI. 371; Salk. 5; 2 
 Ld. Raym. 988; 1 Wils. 244. 
 
 Additions are: 
 
 (1) Additions of estate, as "esquire," 
 •'gentleman," and the like. These titles can, 
 however, be claimed by none, and may be 
 assumed by any one. In Nash v. Batters- 
 by, 2 Ld. Raym. 986, 6 Mod. 80, the plaintiff 
 declared with the addition of gentleman. 
 The defendant pleaded in abatement that 
 the plaintiff was no gentleman. The plain- 
 tiff demurred, and it was held ill; for, said 
 the court, it amounts to a confession that 
 the plaintiff is no gentleman, and then not 
 the person named in the count. He should 
 have replied that he is a gentleman. 
 
 (2) Additions of mystery, as scrivener, 
 painter, printer, manufacturer, etc. 
 
 (3) Additions of places, descriptions by 
 the place of residence, as "A. B., of Phila- 
 delphia," and the like. See Bac. Abr.; 
 Doct. Plac. 71; 2 Viner, Abr. 77; 1 Lilly, 
 Reg. 39; 1 Mete. (Mass.) 151. 
 
 In French Law. A supplementary pro- 
 cess to obtain additional information. Guyot, 
 Rep. Univ. 
 
 ADDITIONALES. Additional terms or 
 propositions to be added to a former agree- 
 ment. 
 
 ADDONE, or ADDONNE (Law Fr.) Given 
 to. Kelham. 
 
 ADDRESS. 
 
 In Equity Pleading. That part of a 
 
 bill which contains the appropriate and 
 technical description of the court where 
 the plaintiff seeks his remedy. Coop. Eq. 
 PI. 8; Bart. Suit in Eq. 26; Story, Eq. PI. 
 S 26; Van Heythuysen, Eq. Draft. 2. 
 
 In Legislation. A formal request ad- 
 dressed to the executive by one or both 
 branches of the legislative body, requesting 
 him to perform some act. 
 
 ADDUCE. To offer, present, allege, ad- 
 vance, cite, mention. 40 111. App. 559. 
 
 ADEEM. To recall or revoke. See 
 "Ademption." 
 
 ADELANTADO. In Spanish law. The 
 military and political governor of a frontier 
 province. His powers were equivalent to 
 
 those of the president of a Roman province. 
 He commanded the army of the territory 
 which he governed, and, assisted by per- 
 sons learned in the law, took cognizance of 
 the civil and criminal suits that arose in 
 his province. This office has long since 
 been abolished. 
 
 ADELING, or ATHELING. Noble; ex- 
 cellent. A title of honor among the Sax- 
 ons, gives to the king's children and heirs 
 to the crown. Clito; Spelman. 
 
 ADEMPTION. The extinction of a spe- 
 cific legacy by the testator's parting with 
 the subject thereof during his life. Also 
 applied to the payment of the testator dur- 
 ing his life of a general legacy; but this 
 is more properly known as "satisfaction." 
 9 Barb. (N. Y.) 35; 3 Duer (N. Y.) 477. 
 
 The term is not applied to devises. 108 
 N. Y. 535. 
 
 ADEO (Lat.) So; as. Adeo plene et in- 
 tegre, as fully and entirely. 10 Coke, 65. 
 
 ADEQUATE CONSIDERATION. One 
 which is a fair equivalent in value for the 
 benefit obtained. 
 
 ADEQUATE REMEDY. A legal remedy, 
 to be "adequate," so as to exclude the juris- 
 diction of equity, must be "as practical and 
 efficient to the ends of justice and its prompt 
 administration as the remedy in equity." 
 3 Pet. (U. S.) 210. See 134 U. S. 338. 
 
 ADESSE. In the civil law. To be pres- 
 ent; the opposite of abesse. Calv. Lex. 
 
 To advocate, to undertake the manage- 
 ment of a cause. Calv. Lex. ; Brissonius. 
 
 ADEU. See "Adieu." 
 
 ADFERRUMINATIO. In the civil law. 
 The welding together of iron; a species of 
 adjunction (q. v.) Called also ferruminatio. 
 Mackeld. Civ. Law, § 268. 
 
 ADHERENCE. In Scotch law. The 
 name of a form of action by which the mu- 
 tual obligation of marriage may be enforced 
 by either party. Bell, Diet. 
 
 ADHERING (Lat. od^erere, to cling to) . 
 Cleaving to, or joining; as, adhering to the 
 enemies of the United States. 
 
 The constitution of the United States, 
 (article 3, § 3) defines treason against the 
 United States to consist only in levying 
 war against them, or in adhering to their 
 enemies, giving them aid and comfort. 
 
 A citizen's cruising in an enemy's ship, 
 with a design to capture or destroy Ameri- 
 can ships, would be adhering to the ene- 
 mies of the United States. 4 How. St. Tr. 
 328; Salk. 634; 2 Gilb. Ev. (Lofft Ed.) 798. 
 
 ADHIBERE (Lat.) In the civil law. To 
 apply; to employ; to exercise; to use. Ad- 
 hibere diligentiam, to use care. Adhibere 
 vim, to employ force. Dig. 4. 2. 12. 2. 
 
ADIATION 
 
 30 
 
 ADJUDICATION IN IMPLEMENT 
 
 ADIATION. A term used In the laws of 
 Holland for the application of property by 
 an executor. Wharton. 
 
 ADIEU. (Law Fr. without day). A com- 
 mon term in the Year Books, implying final 
 dismissal from court. Literally, "to God." 
 Frequently written "Adeu." Y. B. T. 5 
 Edw. II. 173. 
 
 ADIRATUS. Lost; strayed; a price or 
 value set upon things stolen or lost, as a 
 recompense to the owner. Cowell. 
 
 ADIT. Approach or access. As used in 
 mining law, a horizontal opening by which 
 a mine is entered, or by which water and 
 ores are carried away. Also called "drift." 
 
 ADITUS (Lat. adire). An approach; a 
 way; a public way. Co. Litt. 56a. 
 
 ADJACENT. To lie near; close or contig- 
 uous; in the neighborhood or vicinity of. 
 239 111. 209. 
 
 Two of three lots of land might be de- 
 scribed as adjacent to the first, while only 
 the second could be said to be adjoining. 
 1 Cooke (Tenn.) 128. 
 
 ADJECTIVE LAW. That which regu- 
 lates procedure; so called from its function 
 to aid the substantive. Holland, Jur. 78. 
 
 The law of pleading, practice, evidence, 
 remedies and procedure, designed merely to 
 secure and enforce in an orderly manner 
 the substantive law. 253 111. 171. 
 
 ADJOINING. Touching or contiguous, as 
 distinguished from lying near or adjacent. 
 Y.) 54. See "Postponement." 
 
 ADJOURN. In strictness, to put off to a 
 day specified. Also to suspend business for 
 a time; to defer or delay. 14 How. Pr. (N. 
 Y.) ,54. See "Postponement." 
 
 ADJOURNAL. In Scotch practice. A 
 term applied to the records of criminal 
 courts. Books of Adjournal (old Scotch, 
 "Bukis of Adiornale") were the original 
 records of criminal trials, most of which 
 are now lost. 1 Pitc. Grim. Tr. pt. 2, p. 225. 
 An act of adjournal is an order of the court 
 of justiciary, entered on its minutes. Shaw, 
 Eep., Appendix. 
 
 ADJOURNAMENTUM EST AD DIEM 
 dicere seu diem dare. An adjournment Is 
 to appoint a day or give a day. 4 Inst. 27. 
 Hence the formula "eat sine die." 
 
 ADJOURNATUR (Law Lat. from ad- 
 joumare, to adjourn). It is adjourned. A 
 word with which the old reports very fre- 
 quently conclude a case. 1 Ld. Eaym. 602; 
 1 Show. 7; 1 Leon. 88. 
 
 ADJOURNED SUMMONS. In English 
 practice. A summons or citation issued m 
 chambers, and adjourned into court for ar- 
 gument. 
 
 ADJOURNED TERM. A continuation of 
 a previous or regular term. 4 Ohio St. 473; 
 22 Ala. (N. S.) 27. Gen. St. Mass. c. 112, 
 § 26, provides for holding an adjourned 
 law term from time to time. 
 
 ADJOURNMENT. The dismissal by 
 some court, legislative assembly, or prop- 
 erly authorized olficer, of the business be- 
 fore them, either finally, which, as popu- 
 larly used, is called an adjournment sine 
 die, without day, or to meet again at anoth- 
 er time appointed, which is called a tem- 
 porary adjournment. See "Postponement." 
 
 ^-^In Civil Law. A calling Into court; a 
 summoning at an appointed time. Du Cange. 
 
 ADJOURNMENT DAY. In English prac- 
 tice. A day appointed by the judges at the 
 regular sittings for the trial of causes at 
 nisi prius. 
 
 ADJOURNMENT DAY IN ERROR. In 
 English practice. A day appointed some 
 days before the end of the term, at which 
 matters left undone on the affirmance day 
 are finished. 2 Tidd, Pr. 1224. 
 
 ADJOURNMENT IN EYRE. The ap- 
 pointment of a day when the justices in 
 eyre mean to sit again. Cowell; Spelman; 
 Sharswood, Bl. Comm. 186. 
 
 ADJUDICATAIRE. In Canadian law. A 
 purchaser at a sheriff's sale. See 1 Low. (U. 
 S.) 241; 10 Low. (U. S.) 325. 
 
 ADJUDICATION. 
 
 In Practice. A judgment; giving or 
 
 pronouncing judgment in a case. See 
 "Former Adjudication." 
 
 The application of the law to the facts 
 and an authoritative declaration of result. 
 113 111. 312. 
 
 In Scotch Law. A process for trans- 
 ferring the estate of a debtor to his creditor. 
 Ersk. Inst. lib. 2, tit. 12, §§ 39-55; Bell, Diet. 
 (Shaw Ed.) 944. 
 
 It may be raised not only on a decree of 
 court, but also where the debt is for a 
 liquidated sum. The execution of a sum- 
 mons and notice to the opposite party pre- 
 vents any transfer of the estate. Every 
 creditor who obtains a decree within a year 
 and a day is entitled to share with the first 
 creditor, and, after ten years' possession 
 under his adjudication, the title of the cred- 
 itor is complete. Paterson, Comp. 1137, 
 note. The matter is regulated by St. Feb. 
 26, 1684, p. 1672, c. 19. See Ersk. Inst. lib. 
 2, c. 12, §§ 15, 16. 
 
 ADJUDICATION CONTRA HAEREDITA- 
 
 tem jacentem. In Scotch law. Adjudica- 
 tion against a renouncing heir. Brought by 
 the ancestor's creditor to establish his debt 
 against the realty when the heir, apparent 
 renounces his rigrht of inheritance. 
 
 ADJUDICATION IN IMPLEMENT. In 
 Scotch law. An action to enforce a contract ^ 
 to convey. 
 
ADJUNCTION 
 
 31 
 
 ADMINISTRATION 
 
 ADJUNCTION (Lat. adjungere, to join 
 to). In civil law. The attachment or union 
 permanently of a thing belonging to one 
 person to that belonging to another. This 
 union may be caused by inclusion, as if one 
 man's diamond be set in another's ring; by 
 soldering, as if one's g:uard be soldered on 
 another's sword; by sewing, as by employ- 
 ing the silk of one to make the coat of 
 another; by construction, as by building on 
 another's land; by writing, as when one 
 writes on another's parchment; or by paint- 
 ing, as when one paints a picture on anoth- 
 er's canvas. Inst. 2. 1. 34; Dig. 41. 1. 9. 2. 
 See 2 Bl. Comm. 404; 1 Bouv. Inst, note 
 499. 
 
 ADJUNCTS. Additional judges some- 
 times appointed in the high court of dele- 
 gates. See Shelf. Lun. 310. 
 
 ADJUNCTUM ACCESSORIUM. An ac- 
 cessory or appurtenance. 
 
 ADJURATION. A swearing or binding 
 upon oath. 
 
 ADJUSTMENT. In Insurance. The de- 
 termining of the amount of a loss by fire 
 or marine disaster. 2 Phil. Ins. §§ 1814, 
 1815. 
 
 ADJUVARI QU1PPE NOS, NON DECIPI, 
 beneficio oportet. We ought to be favored, 
 not injured, by that which is intended for 
 our benefit. The species of bailment called 
 "loan" must be to the advantage of the bor- 
 rower, riot to his detriment. Story, Bailm. 
 § 275. See 8 El. & Bl. 1051. 
 
 ADLEGIARE. To purge one's self of a 
 crime by oath. 
 
 ADMANUENSIS. A person who swore 
 by. laying his hands on the Book. 
 
 ADMEASUREMENT OF DOWER. A 
 remedy which lay for the heir, on reaching 
 his majority, to rectify an assignment of 
 dower made during his minority, by which 
 the doweress had received more than she 
 was legally entitled to. 2 Bl. Comm. 136; 
 Gilb. Uses, 379. 
 
 The remedy is still subsisting, though of 
 rare occurrence. See 1 Washb. Real Prop. 
 225, 226; 1 Pick. (Mass.) 314; 2 Ind. 336. 
 
 In some of the states, the special pro- 
 ceeding which is given by statute to enable 
 the widow to compel an assignment of 
 dower is termed an "admeasurement of 
 dower." 
 
 ADMEASUREMENT OF PASTURE. A 
 
 remedy which lay in certain cases for sur- 
 charge of common of pasture. 
 
 It lay where a common of pasture appur- 
 tenant or in gross was certain as to num- 
 ber; or where one had common appendant 
 or appurtenant, the quantity of which had 
 never been ascertained. "The sheriff pro- 
 ceeded, with the assistance of a jury of 
 
 twelve men, to admeasure and apportion 
 the common as well of those who had sur- 
 charged as those who had not, and, when 
 the writ was fully executed, returned it to 
 the superior court. Termes de la Ley. 
 
 The remedy is now abolished in England 
 (3 Sharswood, Bl. Comm. 239, note) ; and in 
 the United States (3 Kent, Comm. 419). 
 
 ADMEZATORES. (from Ital. mezzatura, 
 middle). In old Italian law. Persons chosen 
 by the consent of contending parties to de- 
 cide questions between them. Literally, me- 
 diators. Spelman. 
 
 ADMINICLE. 
 
 In Scotch Law. Any writing or deed 
 
 introduced for the purpose of proof of the 
 tenor of a lost deed to which it refers. 
 Ersk. Inst. lib. 4, tit. 1, § 55; Stair, Inst. lib. 
 4, tit. 32, §§ 6, 7. 
 
 In English Law. Aid; support. St. 
 
 1 Edw. IV. e. 1. 
 
 In Civil Law. Imperfect proof. Mer- 
 lin, Repert. 
 
 ADMINICULAR (from adminiculum, q. v.) 
 Auxiliary to. "The murder would be ad- 
 minicular to the robbery," i. e., committed 
 to accomplish it. Story, J., 3 Mason (U. S.) 
 121. 
 
 ADMINICULAR EVIDENCE. In eccle- 
 siastical law. Evidence brought in to ex- 
 plain and complete other evidence. 2 Lee, 
 Ecc. 595. 
 
 ADMINICULATE. To give adminicular 
 evidence. 
 
 ADMINICULATOR. An officer In the 
 Romish church, who administered to the 
 wants of widows, orphans, and afflicted per- 
 sons. Spelman. 
 
 ADMINICULUM (Lat.) In the civil and 
 old English law. Aid or support; some- 
 times rendered adminicle (q. v.) Juris ad- 
 miniculum, the support of the law. Dig. 
 26. 7. 39. 9. Cum juris adminiculo concur- 
 rente, with the support of right concurring. 
 Bracton, fol. 38b. 
 
 Cumulative or corroborative testimony. 
 
 That which belongs to a thing as acces- 
 sory. 1 Mackeld. Civ. Law, 347, note (d). 
 
 Whatever pertains to judicial proceed- 
 ings, writs, records, etc. Fleta, lib. 2, c. 3, 
 § 4. 
 
 ADMINISTRATION (Lat. administra/re, 
 to assist in). Management or control. 
 
 Of Government. The management of 
 
 the executive department of the govern- 
 ment. Those charged with the manage- 
 ment of the executive department of the 
 government. 
 
 Of Estates. The management of the 
 
 estate of an intestate, or of a testator who 
 has no executor. 2 Bl. Comm. 494. The 
 term is applied broadly to denote the man- 
 agement of an estate by an executor, and 
 
ADMINISTRATION 
 
 32 
 
 ADMIRALTY 
 
 also the management of estates of minors, 
 lunatics, insolvents, etc., in those cases 
 where trustees have been appointed by au- 
 thority of law to take charge of such es- 
 tate in place of the legal owners. 
 
 The species of administration ares 
 
 Ad Colligendum. That which is 
 
 granted for collecting and preserving goods 
 about to perish {bona peritura). The only 
 power over these goods is under the form 
 prescribed by statute. 
 
 Ancillary. That which is subordinate 
 
 to the principal administration, for collect- 
 ing the assets of foreigners. It is taken out 
 in the country where the assets are locally 
 situate. Kent, Comm. 43 et seq; 1 Williams, 
 Ex'rs, Am. Notes; 14 Ala. 329. 
 
 Cum Testamento Annexe. That 
 
 which is granted where no executor is 
 named in the will, or where the one named 
 dies, or is incompetent or unwilling to act. 
 Such an administrator must follow the 
 statute rules of distribution, except when 
 otherwise directed by the will. Williams, 
 Ex'rs; 2 Bradf. Sur. (N. Y.) 22. The resid- 
 uary legatee is appointed such adminis- 
 trator, rather than the next of kin. 1 Vent. 
 217; 4 Leigh (Va.) 152; 2 Add. (Pa.) 352. 
 
 De Bonis non. That which Is grant- 
 ed when the first administrator dies be- 
 fore having fully administered. The per- 
 son so appointed has in general the powers 
 of a common administrator. Bac. Abr. "Ex- 
 ecutors" (B 1) ; Rolle, Abr. 907; 22 Miss. 
 47; 27 Ala. 273; 9 Ind. 342; 4 Sneed (Tenn.) 
 411; 31 Miss. 519; 29 Vt. 170; 11 Md. 412. 
 
 De Bonis non cum Testamento An- 
 nexe. That which Is granted when an ex- 
 ecutor dies leaving a part of the estate 
 unadministered. Comyn, Dig. "Administra- 
 tors" (B 1), 
 
 Durante Absentia. That which sub- 
 sists during the absence of the executor, 
 and until he has proved the will. It is gen- 
 erally granted when the next of kin is be- 
 yond sea, lest the goods perish, or the debts 
 be lost. In England, it is not determined 
 by the executor's dying abroad. 4 Hagg. 
 Ecc. 360; 3 Bos. & P. 26. 
 
 Durante Minor! Aetate. That which 
 
 is granted when the executor is a minor. 
 It continues until the minor attains his law- 
 ful age to act, which, at common law, is 
 seventeen years. Godolph. Orph. Leg. 102; 
 5 Coke, 29. 
 
 Pendente Lite. That which is grant- 
 ed pending the controversy respecting an 
 alleged will or the right of appointment. 
 An officer of the court is appointed to take 
 care of the estate only till the suit termi- 
 nates. 2 P. Wms. 589; 2 Atk. 286; 2 Cas. 
 temp. Lee, 258; 1 Hagg. Ecc. 313; 26 N. H, 
 533; 9 Tex. 13; 16 Ga. 13. He may main- 
 tain suits, but cannot distribute the assets. 
 1 Ves. Sr. 325; 2 Ves. & B. 97; 1 Ball & B. 
 192; 7 Md. 282. 
 
 Public. That which the public admin- 
 istrator performs. This happens in many of 
 
 the states by statute in those cases where 
 persons die intestate, not leaving ainy who 
 are entitled to apply for letters of adminis- 
 tration. 3 Bradf. Sur. (N. Y.) 151; 4 Bradf. 
 Sur. (N. Y.) 252. 
 
 Special. That which is limited either 
 
 in time or in power. Such administration 
 does not come under the statutes of 31 Edw. 
 III. c. 11, and 21 Hen. VIII. c. 5, on which 
 the modern English and American laws are 
 founded. 
 
 Domestic. That had at the residence 
 
 of the decedent. 
 
 Foreign. An administration under the 
 
 sanction and jurisdiction of a different state 
 or nation. It may be domiciliary or an- 
 cillary. 
 
 ADMINISTRATION SUIT. In English 
 practice. A suit usually by a creditor for 
 the administration of the insolvent estate 
 of a decedent. 
 
 ADMINISTRATIVE LAW. That branch 
 of the criminal law which regulates the 
 manner in which the different agencies of 
 the governing body are set in motion to 
 punish crime, as opposed to the penal law, 
 which describes offenses, and prescribes 
 punishments. 
 
 ADMINISTRATOR. A person author- 
 ized to manage and distribute the estate of 
 an intestate, or of a testator, who has no 
 executor. See "Administration." 
 
 In English law, administrators are the 
 officers of the ordinary appointed byhim in 
 pursuance of the statute, and their title 
 and authority are derived exclusively from 
 the ecclesiastical judge, by grants called 
 "letters of administration." Williams, 
 Ex'rs, 331. At first the ordinary was ap- 
 pointed administrator under the statute of 
 Westminster II. Next, St. 31 Edw. III. c. 
 11, required the ordinary to appoint the 
 next of kin and the relations by blood of 
 the deceased. Next, under 21 Hen. VIII., he 
 could appoint the widow, or next of kin, or 
 both, at his discretion. 
 
 ADMIRALTY. 
 
 In England. A court which has a 
 
 very extensive jurisdiction of maritime 
 causes, civil and criminal. 
 
 A court of admiralty exists in Ireland, 
 but the Scotch court was abolished by 1 
 Wm. IV. c. 69. See "Vice Admiralty Courts." 
 
 In American Law. A tribunal exer- 
 cising jurisdiction over all maritime con- 
 tracts, torts, injuries, or offenses. 2 Pars. 
 Mar. Law, 508. 
 
 The court of original admiralty jurisdic- 
 tion in the United States is the United 
 States district court. From this court caus- 
 es may be removed, in certain cases, to the 
 circuit, and ultimately to the supreme court 
 
ADMISSION 
 
 33 
 
 ADOPTIVUS 
 
 ADMISSION (Lat. ad, to; mittere, to 
 send) . 
 
 In Evidence. Concession or volun- 
 tary acknowledgment made by a party of 
 the existence or truth of certain facts. 
 
 As distinguished from a confession, the 
 term is applied to civil transactions, and 
 to matters of fact in criminal cases where 
 there is no criminal intent. See "Confes- 
 sion." 
 
 As distinguished from consent, an admis- 
 sion may be said to be evidence furnished 
 by the party's own act of his consent at a 
 previous period. 
 
 Direct, called also "express," admissions, 
 are those which are made in direct terms. 
 
 Implied admissions are those which re- 
 sult from some act or failure to act of the 
 party. 
 
 Incidental admissions are those made in 
 some other connection, or involved in the 
 admission of some other fact. See 1 
 Greenl. Ev. § 194. 
 
 In Pleading. The acknowledgment 
 
 or recognition by one party of the truth of 
 some matter alleged by the opposite party. 
 
 Partial admissions are those which are 
 delivered in terms of uncertainty, mixed up 
 with explanatory or qualifying circum- 
 stances. 
 
 Plenary admissions are those which ad- 
 mit the truth of the matter without quali- 
 fication, whether it be asserted as from in- 
 formation and belief, or as from actual 
 knowledge. 
 
 At Law. In all pleading in confes- 
 sion, an admission of the truth of the oppo- 
 site party's pleading is made. Express ad- 
 missions may be made of matters of fact 
 only. 
 
 Of Attorneys. The act by which at- 
 torneys and counsellors become recognized 
 as ofiicers of the court, and are allowed to 
 practice. The qualifications required vary 
 widely in the different states. 
 
 In Corporations or Companies. The 
 
 act of a corporation or company by which 
 an individual acquires the rights of a mem- 
 ber of such corporation or company. 
 
 In trading and joint-stock corporations, 
 no vote of admission is requisite; for any 
 person who owns stock therein, either by 
 original subscription or by conveyance, is 
 in general entitled to, and cannot be re- 
 fused, the rights and privileges of a mem- 
 ber. 3 Mass. 364; Doug. 524; 1 Man. & 
 R. 529. 
 
 ADMI8SI0NALI8. In European law. An 
 usher. Spelman. 
 
 ADMITTANCE. In English law. The act 
 of giving possession of a copyhold estate. It 
 is of three kinds, namely, upon a voluntary 
 grant by the lord, upon a surrender by the 
 former tenant, and upon descent. 
 
 ADMITTENDO IN 80CIUM. In English 
 law. A writ associating certain persons to 
 justices of assize. 
 
 ADMONISH. 
 111. 48. 
 
 To caution or advise, 267 
 
 ADMONITIO TRINA. The third warning 
 given to one standing mute, before the in- 
 fliction of the peine forte et dure. 4 Bl. 
 Comm. 325. 
 
 ADMONITION. A reprimand from a 
 judge to a person accused, on being dis- 
 charged, warning him of the consequences 
 of his conduct, and intimating to him that, 
 should he be guilty of the same fault for 
 which he has been admonished, he will be 
 punished with greater severity. Merlin, 
 Report. The admonition was authorized as 
 a species of punishment for slight misde- 
 meanors. 
 
 ■ A caution by the court to jurors as to the 
 rules for their conduct while hearing or 
 deliberating on a case. 
 
 ADMORTIZATION. The reduction of 
 property of lands or tenements to mortmain, 
 in the feudal customs. 
 
 ADNICHILED. Annulled; cancelled; 
 made void. 
 
 ADNIHILARE (Law Lat. from ad, to, and 
 nihil, nothing). In old English law. To re- 
 duce to nothing; to treat as nothing; to 
 hold as or for nought; to avoid. Fleta, lib. 
 2, c. 63, § 1. 
 
 Adnichile is used in St. 28 Hen. VIII. c. 7, 
 and adnichilate by old English writers. 
 Rich. Diet. 
 
 ADNOTATIO (Lat notare). A subscrip- 
 tion or signing. 
 
 In the civil law, casual homicide was ex- 
 cused by the indulgence of the emperor, 
 signed with his own sign manual, called ad- 
 notatio. Code, 9. 16. 5; 4 Sharswood, Bl. 
 Comm. 187. 
 
 ADOLESCENCE. That age which fol- 
 lows puberty, and precedes the age of ma- 
 jority. It commences for males at fourteen, 
 and for females at twelve years completed, 
 and continues till twenty-one years com- 
 plete. 
 
 ADOLESCENTIA (Lat. from adoUseere, 
 to grow). In the civil law. Adolescence 
 (q. v.). 
 
 ADOPTION. The act by which a person 
 takes the child of another into his family, 
 and treats him as his own. 
 
 A juridical act creating between two per- 
 sons certain relations, purely civil, or pa- 
 ternity and filiation. 6 Demolombe Code 
 Nap. § 1. 
 
 As used in the law the word has a strict 
 significance and implies some form of legal 
 procedure. 201 111. 116. 
 
 ADOPTIVUS (Lat. from adoptare, to 
 adopt). In the civil law. Adoptive. Ap- 
 plied both to the parent adopting, and the 
 child adopted. Inst. 2. 13. 4; Id. 3. 1. 10-14. 
 
AD-PROMISSOR 
 
 34 
 
 ADULTERY 
 
 AD-PROMISSOR. (Lat. promittere)- One 
 who binds himself for another; a surety; a 
 peculiar species of fidejussor. Calv. Lex. 
 
 The term is used in the same sense in 
 the Scotch law. The cautionary engage- 
 ment was undertaken by a separate act; 
 hence, one entering into it was called ad- 
 promissor (promissor in addition to) . Ersk, 
 Inst. 3. 3. 1. 
 
 ADQUIETO. Payment. Blount. 
 
 AD RECTA RE. To do right, satisfy, or 
 make amends. 
 
 ADRHAMIRE (Law. Lat. from old Fr. ar- 
 rimir). In old European law. To under- 
 take, declare, or promise solemnly; to 
 pledge; to pledge one's self to make oath. 
 Also written arhamire, arrwmire, and arra- 
 mare. Spelman. 
 
 ADROGATION. In civil law. The adop- 
 tion of one who was impubes,—iiiat is, if 
 a male, under fourteen years of age; if a 
 female, under twelve. Dig. 1. 7. 17. 1. 
 
 ADS. See "Ad Sectam." 
 
 ADSCENDENTS (Lat.) In the civil law. 
 Ascendants. Dig. 23. 2. 68; Code, 5. 5. 6. 
 
 ADSCRIPTI (Lat. scribere). Joined to by 
 writing; ascribed; set apart; assigned to; 
 annexed to. 
 
 ADSCRIPTITI (Lat.) A species of slaves. 
 Those persons who were enrolled and lia- 
 ble to be drafted as legionary soldiers. 
 Calv. Lex. 
 
 ADSCRIPTITII (or ADSCRIPTITI) GLE- 
 bae (Lat.) In old English law. Annexed, 
 -bound, or adstricted to the soil; employed in 
 cultivating it, and in performing other rural 
 services for the owner. Harg. Co. Litt. 
 note 1 to lib. 2. "Ascriptitious to the 
 soil." Bl. Law Tr. 96-98. A term applied 
 to tenants by villein socage, and commonly 
 supposed to denote a condition approach- 
 ing nearer to that of slaves than of freemen. 
 Harg. Co. Litt. ubi supra. But, according 
 to Bracton, they were so called because, so 
 long as they did the appointed services, they 
 had the privilege not to be removed from 
 the soil (gaudent privilegio quod a gleba 
 amoveri non poterunt), and were in fact 
 freemen. Bracton, fols. 7a, 209a; Id. fol. 
 4b. See Fleta, lib. 1, c. 8, § 3. The term 
 is also used in old Scotch law. Skene de 
 Verb. Sign. voc. "Bondagium." 
 
 ADSCRIPTITIUS, ADSCRIPTICIUS, or 
 adscriptitius (Lat. from adscriptus). In the 
 civil law. United, annexed, or bound to. 
 Adscriptitii {q. v.) were a class of cultiva- 
 tors who were annexed to the land, with- 
 ■out the power of leaving it, and whose 
 earnings or peculium belonged to their 
 owners or masters. Code, 11. 47. 19. There 
 was very little difference between them 
 and slaves. See Code, 11. 47. 21. And see 
 further, as to their condition, Id 
 Nov. Inst. 54; Const. Imp. Just. 2. 
 
 ADSESSORES (Lat. sedere). Side 
 judges. Those who were joined to the reg- 
 ular magistrates as assistants or advisors; 
 those who were appointed to supply the 
 place of the regular magistrates in certain 
 cases. Calv. Lex. 
 
 ADSTIPULATOR. In Roman law. An 
 accessory party to a promise, who received 
 the same promise as his principal did, and 
 could equally receive and exact payment; 
 or he only stipulated for a part of that for 
 which the principal stipulated, and then his 
 rights were coextensive with the amount of 
 his own stipulation. Sandars, Just. Inst. 
 (5th Ed.) 348. 
 
 ADULT. 
 
 In Civil Lav/. A male infant who has 
 
 attained the age of fourteen; a female in- 
 fant who has attained the age of twelve. 
 To be distinguished from full age in the 
 civil law, which was twenty-five years. See 
 "Age." Domat, Civ. Law, tit. 2, § 2, note 8. 
 
 In Common Law. One of the full age 
 
 of twenty-one. Swanst. Ch. 553. 
 
 ADULTER (Lat.) One who corrupts; one 
 who corru~pts another man's wife. 
 
 Adulter solidorum, a corrupter of metals; 
 a counterfeiter. Calv. Lex. 
 
 ADULTERA (Lat.) A woman who com- 
 mits adultery. Calv. Lex. 
 
 ADULTERATION. The act of corrupt- 
 ing or debasing; the act of mixing some- 
 thing impure or spurious with something 
 pure or genuine, or an inferior article with 
 a superior one of the same kind. 
 
 ADULTERATOR (Lat.) A corrupter; a 
 counterfeiter. 
 Adulterator monetae, a forger. Du Cange. 
 
 ADULTERINE. The issue of adulterous 
 intercourse. 
 
 ADULTERINE GUILDS. Companies of 
 traders acting as corporations, without char- 
 ters, and paying a fine annually for the priv- 
 ilege of exercising their usurped privities. 
 Smith, Wealth of Nations, bk. 1, c. 10; 
 Wharton. 
 
 ADULTERIUM. A fine imposed for the 
 commission of adultery. Barr. Obs. .St. 62, 
 note. 
 
 ADULTERY. The voluntary sexual inter- 
 course of a married person with a person 
 other than the offender's husband or wife. 
 Bish. Mar. & Div. § 415; 6 Mete. (Mass.) 
 243; 36 Me. 261; 11 Ga. 56; 2 Strobh. Eq. 
 (S. C.) 174. 
 
 The voluntary sexual intercourse of a 
 married woman with a man other than her 
 husband. 
 
 Unlawful voluntary sexual intercourse be- 
 23, 24; Itween two persons, one of whom at least is- 
 ' married, is the essence of the crime in all . 
 
ADVANCE 
 
 35 
 
 ADVERSE POSSESSION 
 
 cases. In general, it is suiRcient if either 
 party is married; and the crime of the mar- 
 ried party will be adultery, while that of 
 the unmarried party will be fornication. 1 
 Yeatefe (Pa.) 6; 2 Dall. (Pa.) 124; B Jones 
 (N. C.) 416; 27 Ala. (N. S.) 23; 35 Me. 205; 
 7 Grat. (Va.) 591; 6 Grat. (Va.) 673; 1 
 Pin. (Wis.) 91. In some of the states, if 
 the woman be married, though tjie man be 
 unmarried, he is guilty of adultery. 21 
 Pick. (Mass.) 509; 2 Blackf. (Ind.) 318; 18 
 Ga. 264; 9 N. H. 515. And see 1 Harr. (N. 
 J.) 380; 29 Ala. 313. In other states, it 
 seems that to constitute the offense of 
 adultery it is necessary that the woman 
 should be married; that if the man only is 
 married, it is not the crime of adultery at 
 common law or under the statute, so that 
 an indictment for adultery could be sus- 
 tained against either party; though, within 
 the meaning of the law respecting divorces, 
 it is adultery in the man. 56 Ind. 263 ; 9 N. 
 H. 55; 4 Minn. 335; Tappan (Ohio) 90. 
 
 ADVANTAGIUM. In old pleading. An 
 advantage. Co. Entr. 484; Towns. PI. 50. 
 
 ADVENA (Lat. venire). In Roman law. 
 One of foreign birth, who has left his own 
 country and settled elsewhere, and who has 
 not acquired citizenship in his new locality; 
 often called albanue. Du Cange. 
 
 ADVENT. The period commencing on 
 Sunday falling on St. Andrew's day (30th 
 of November), or the first Sunday after, 
 and continuing till Christmas. 
 
 It took its name from the fact that it im- 
 mediately preceded the day set apart to 
 commemorate the birth or coming (advent) 
 of Christ. Cowell; Termes de la Ley. 
 
 Formerly, during this period, "all conten- 
 tions at law were omitted." But, by statute 
 13 Edw. 1. (Westminster II.) c. 48, certain 
 actions were allowed. 
 
 ADVENTITIOUS (Lat. adventitius) . That 
 which comes incidentally, or out of the reg- 
 
 ADVANCE. As a noun means something ujaj. course, 
 that precedes, such as a payment of money Adventitia bona are goods which fall to a 
 
 made' before it is due. 169 111. App. 341 
 ADVANCEMENT. A gift by anticipation 
 
 from a parent to a child of the whole or a 
 part of what it is supposed such child would 
 inherit on the death of the parent. 6 Watts 
 (Pa.) 87; 4 Serg. & R. (Pa.) 333; 17 Mass. 
 358; 11 Johns. (N. Y.) 91; Wright (Ohio) 
 339. , , ^ 
 
 An advancement can be made only by a 
 parent to a child (5 Miss. 356; 2 Jones [N. 
 C] 137) ; or in some states, by statute, to a 
 grandchild (4 Kent, Comm. 419; 4 Watts 
 [Pa.] 82; 4 Ves. 437). 
 
 The intention of the parent is to decide 
 whether a gift is intended as an advance- 
 ment. 23 Pa. St. 85; 11 Johns. (N. Y.) 91; 
 2 McCord (S. C.) 103. See 26 Vt. 665. 
 
 Ademption, distinguished. 
 
 An advancement, unlike an ademption 
 has to do with intestate estates only. 
 
 Debt, distinguished. 
 
 An advancement differs from a debt in 
 that there is no liability on the part of the 
 child to repay during the lifetime of the 
 donor, nor after his death except by way 
 of suffering a deduction from his portion of 
 the estate. 
 
 Gift, distinguished. 
 
 An advancement differs from a gift in 
 that it is charged against the child. 
 
 Loan, distinguished. 
 
 An advancement is not the equivalent of 
 a loan, as one making an advancement can- 
 not require its return. 228 111. 288. 
 
 ADVANCES. Payments made on account 
 of moneys to become due. It is applied to a 
 number of specific transactions, as pay- 
 ments made to the owner of goods by a 
 factor or agent, who has or is to have pos- 
 • session of the goods for the purpose of sell- 
 ing them, payments by a guardian to the 
 ward out of the latter's funds, etc. 
 
 man otherwise than by inheritance. 
 
 'Adventitia dos is a dowry or portion given 
 by some friend other than the parent. 
 
 ADVENTURA (Lat. an adventure). Flot- 
 sam, jetsam, and ligan are styled adven- 
 turae maris, adventures of the sea. Hale 
 de Jur. Mar. pt 1, c 7. 
 
 ADVENTURE. Sending goods abroad un- 
 der charge of a supercargo or other agent, 
 which are to be disposed of to the best ad- 
 vantage for the benefit of the owners. 
 
 The goods themselves so sent. 
 
 In Marine Insurance. The risk or peril 
 
 insured against. See 14 Fed. 233. 
 
 ADVERSE ENJOYMENT. The posses- 
 sion or exercise of an easement or privilege 
 under a claim of right against the owner of 
 the land out of which the easement is de- 
 rived. 2 Washb. Real Prop. 42. 
 
 ADVERSE POSSESSION. The enjoy- 
 ment of land, or such estate as lies in grant, 
 under such circumstances as indicate that 
 such enjoyment has been commenced and 
 continued under an assertion or color of 
 right on the part of the possessor. 3 East, 
 394; 1 Pick. (Mass.) 466; 2 Serg. & R. 
 (Pa.) 527; 3 Pa. St. 132; 8 Conn. 440; 2 
 Aik. (Vt.) 364; 9 Johns. (N. Y.) 174; 18 
 Johns. (N. Y.) 40, 355; 5 Pet. (U. S.) 402; 
 4 Bibb (Ky.) 550. 
 
 There must be actual possession. 45 111. 
 388; 36 Minn. 525; 78 N. C. 354; 1 Grat. 
 (Va.) 211. But what constitutes such pos- 
 session varies with the nature and situation 
 of the premises. 11 Grat. (Va.) 420; 8 
 Barb. (N. Y.) 253. Cultivation, improve- 
 ment, or inclosure always constitutes occu- 
 pation, and, if the occupant holds under a 
 paper title, a use for supply of fuel, etc., 
 or a use as subservient to land actually 
 
ADVERSE WITNESS 
 
 36 
 
 ADVOCATE 
 
 occupied, will constitute an occupation. Code 
 Civ. Proc. N. Y. §§ 370, 371. 
 
 The possession must be open and no- 
 torious (42 Mass. 95; 16 Wis. 594), dis- 
 tinct and exclusive (150 U. S. 597; 6 Md. 
 201), hostile (15 111. 271; 13 Ohio St. 42; 
 89 Wis. 551), and continuous in the occu- 
 pant or those claiming under him for the 
 period prescribed by statute (47 U. S. 550; 
 6 Md. 256; 36 W. Va. 445). 
 
 ADVERSE WITNESS. A witness who 
 manifests a bias against the party calling 
 him. A party may be allowed to propound 
 leading questions to such a witness. 
 
 ADVERSUS (Lat.) Against. 
 
 ADVERTISE. To publish notice of; to 
 publish a written or printed account of. 39 
 Hi. App. 401. 
 
 ADVERTISEMENT (Lat. advertere, to 
 turn to). 
 
 Information or knowledge communicated 
 to individuals or the public in a manner de- 
 signed to attract general attention. 
 
 A notice published either in handbills or 
 in a newspaper. A posting of notice on a 
 signboard is an advertisement within a 
 statute making the advertising of lottery 
 tickets penal. 5 Pick. (Mass.) 42. And see 
 8 Watts & S. (Pa.) 373; 16 Pa. St. 68; 
 38 111. App. 400. 
 
 ADVERTISEMENTS OF QUEEN ELIZA- 
 beth. Certain articles or ordinances drawn 
 up by Archbishop Parker and some of the 
 bishops in 1564, at the request of Queen 
 Elizabeth, the object of which was to en- 
 force decency and uniformity in the ritual 
 of the church. The queen subsequently re- 
 fused to give her official sanction to these 
 advertisements, and left them to be en- 
 forced by the bishops under their general 
 powers. Phil. Ecc. Law, 910; 2 Prob. Div. 
 276; Id. 354. 
 
 ADVICE. Information given by letter by 
 one merchant or banker to another in re- 
 gard to some business transaction which 
 concerns him. 
 
 y 
 
 ADVICE OF COUNSEL. The opinion of 
 an attorney at law on facts stated to him. 
 If given on a full and fair statement of the 
 facts, it relieves the client of any imputa- 
 tion of malice in acting in it, and hence is 
 a defense in all actions to which malice is 
 essential. 
 
 ADVISARE, or ADVISARI (Lat.) To ad- 
 vise; to consider; to be advised; to con- 
 sult. 
 
 Occurring often in the phrase curia ad- 
 visari vult (usually abbreviated cur. adv. 
 vult), the court wishes to consider of the 
 matter. 
 
 ADVISEMENT. Consideration; delibera- 
 tion; consultation. 
 
 ADVISORY, By way of counsel. The ver- 
 dict on a feigned issue is said to be ad- 
 visory because the chancellor may, in his 
 discretion, disregard it. 
 
 ADVOCASSIE (Law Fr.) The office of 
 an advocate; advocacy. Kelham. 
 
 ADVOCATA. In old English law. A 
 patroness; a woman who had the right of 
 presenting to a church. Liber Ramesiens, 
 § 140, cited in Spelman, voc. "Advocatus." 
 
 ADVOCATE. An assistant; adviser; a 
 pleader of causes. 
 
 Derived from advocare, to summon to 
 one's assistance. Advocatus originally sig- 
 nified an assistant or helper of any kind, 
 even an accomplice in the commission of a 
 crime. Cicero, pro Caecina, c. 8; Livy, lib. 
 ii. 55; iii. 47; Tertullian de Idolatr. c. 23; 
 Petron. Satyric, c. 25. Secondarily, it was 
 applied to one called in to assist a party in 
 the conduct of a suit. Inst. 1. 11; Dig. 50. 
 13. Hence, a pleader, which is its present 
 signification. 
 
 In Civil and Ecclesiastical Law. An 
 
 officer of the court, learned in the law, who 
 is engaged by a suitor to maintain or de- 
 fend his cause. Advocates, like counsellors, 
 have the exclusive privilege of addressing 
 the court either orally or in written plead- 
 ings; and, in general, in regard to duties, 
 liabilities, and privileges, the same rules 
 apply mutatis mutandis to advocates as to 
 counsellors. See "Counsellor." 
 
 Lord advocate was an officer in Scotland 
 appointed by the crown, during pleasure, 
 to take care of the king's interest before the 
 courts of session, judiciary, and exchequer. 
 All actions that concern the king's interest, 
 civil or criminal, must be carried on with 
 concourse of the lord advocate. He also 
 discharges the duties of public prosecutor, 
 either in person or by one of his four depu- 
 ties, who are called advocates depute. In- 
 dictments for crimes must be in his name as 
 accuser. He supervises the proceedings in 
 important criminal cases, and has the right 
 to appear in all such cases. He is, in fact, 
 secretary of state for Scotland, and the prin- 
 cipal duties are connected directly with the 
 administration of the government. 
 
 Inferior courts have a procurator fiscal, 
 who supplies before them the place of the 
 lord advocate in criminal cases. See 2 
 Bankt. Inst. 492. 
 
 College or faculty of advocates was a 
 corporate body in Scotland, consisting of 
 the members of the bar in Edinburgh. A 
 large portion of its members are not active 
 practitioners, however. 2 Bankt. Inst. 486. 
 
 Church or ecclesiastical advocates were 
 pleaders appointed by the church to main- 
 tain its rights. 
 
 In Ecclesiastical Law. A patron of a 
 
 living; one who has the advowson, advoca- 
 tio. Tech. Diet.; Ayliffe, Par. 53; Dane, 
 Abr. c. 31, § 20; Ersk. Inst. 79. 9. 
 
ADVOCATE, QUEEN'S 
 
 37 
 
 AEDIFICATUM SOLO 
 
 ADVOCATE, QUEEN'S (or KING'S). See 
 "Queen's Advocate." 
 
 ADVOCATI (Lat.) In Roman law. Pa- 
 trons; pleaders; speakers. 
 
 Anciently, any one who lent his aid to a 
 friend, and who was supposed to be able in 
 any way to influence a judge, was called 
 advocatus. 
 
 Causidicus denoted a speaker or pleader 
 merely; advocatus resembled more nearly a 
 counsellor; or, still more exactly, causidi- 
 cus must be rendered "barrister," and ad- 
 vocatus "attorney," though the duties of an 
 advocatus were much more extended than 
 those of a modern attorney. Du Cange; 
 Calv. Lex. 
 
 A witness. 
 
 ADVOCATI ECCLESIAE. Advocates of 
 the church. 
 
 These were of two sorts; those retained 
 as pleaders to argue the cases of the church 
 and attend to its law matters, and advo- 
 cates, or patrons of the advowson, Cowell; 
 Spelman. 
 
 ADVOCATI FlSCl. In civil law. Those 
 chosen by the emperor to argue his cause 
 whenever a question arose affecting his 
 revenues. Calv. Lex.; 3 Sharswood, Bl. 
 Comm. 27. 
 
 ADVOCATIA. In civil law. The function, 
 duty, or privilege of an advocate. Du Cange. 
 
 ADVOCATION. In Scotch law. The re- 
 moval of a cause from an inferior to a su- 
 perior court by virtue of a writ or war- 
 rant issuing from the superior court. See 
 "Bill of Advocation;" "Letter of Advoca- 
 tion." 
 
 ADVOCATOR. 
 
 In Old Practice. One who called on 
 
 or vouched another to warrant a title; a 
 voucher. Advocatus, the person called on, 
 or vouched; a vouchee. Spelman; Towns. 
 PI. 45. 
 
 In Scotch Practice. An appellant. 1 
 
 Brown, 67. 
 
 ADVOCATUS. A pleader; a narrator. 
 Bracton, fols. 372b, 412a. 
 
 ADVOCATUS DIABOLI. The devil's ad- 
 vocate; a person designated to present to 
 the college of cardinals matter in opposi- 
 tion to a canonization. 
 
 ADVOCATUS EST, AD QUEM PERTI- 
 nent Jus advocationis alicujus ecclesiae, ut 
 ad eccleslam, nomine proprio, non alieno, 
 possit praesentare. A patron is he to whom 
 appertains the right of presentation to a 
 church, in such a manner that he may pre- 
 sent to such a church in his owa name, and 
 not in the name of another. Co. Litt. 119. 
 
 ADVOWEE. In English ecclesiastical law. 
 A patron; one who has a right to present 
 to a benefice. Cowell; Britt. c. 95. 
 
 ADVOWEE PARAMOUNT. The sover- 
 eign, who was the highest advowee. 
 
 ADVOWSON. A right of presentation to 
 a church or benefice. 
 
 He who possesses this right is called the 
 "patron" or "advocate." When there is no 
 patron, or he neglects to exercise his right 
 within six months, it is called a "lapse," 
 and a title is given to the ordinary to col- 
 late to a church. When a presentation is 
 made by one who has no right, it is called 
 a "usurpation." 
 
 Advowsons are of different kinds: 
 
 Advowson Appendant. When it de- 
 pends upon a manor, etc. 
 
 Advowson In Gross. When it be- 
 longs to a person and not to a manor. 
 
 Advowson Presentative. Where the 
 
 patron presents to the bishop. 
 
 —Advowson Donative. Where the king 
 or patron puts the clerk into possession 
 without presentation. 
 
 Advowson Collatlve. Where the 
 
 bishop himself is patron. 
 
 —^Advowson of the Moiety of the 
 Church. Where there are two several pa- 
 trons and two incumbents in the same 
 church. 
 
 A Moiety of Advowson. Where two 
 
 must join the presentation of one incum- 
 bent. 
 
 Advowson of Religious Houses. That 
 
 which is vested in the person who founded 
 such a house. 
 
 See 2 Bl. Comm. 21; Mireh. Advow. "Ad- 
 vowson;" Comyn, Dig. "Advowson, Quare 
 Impedit;" Bac. Abr. "Simony;" Burns, Ecc. 
 Law. 
 
 ADVOWTRY, or ADVOUTRY. In Eng- 
 lish law. The crime committed by a woman 
 who, having committed adultery, continued 
 to live with the adulterer. Cowell; Termes 
 de la Ley. 
 
 AEDES (Lat.) In civil law. A dwelling; 
 a house; a temple. 
 
 In the country everything upon the sur- 
 face of the soil passed under the term 
 aedes. Du Cange; Calv. Lex. 
 
 AEDIFICARE (Lat. from aedes, a house, 
 and facere, to build) . In civil and old Eng- 
 lish law. To make or build a house; to erect 
 a building. Dig. 45. 1. 75. 7. Sometimes ap- 
 plied to other objects, as a ship. Dig. 49. 
 14. 46. 2. 
 
 AEDIFICARE IN TUO PROPRIO SOLO 
 non licet quod alter! noceat. It is not 
 lawful to build upon one's own land what 
 may be injurious to another. Coke, 3d Inst. 
 201; Broom, Leg. Max. (3d London Ed.) 
 331. 
 
 AEDIFICATUM SOLO, SOLO CEDIT. 
 
 That which is built upon the land goes with 
 the land. Co. Litt. 4a; Broom, Leg. Max. 
 (3d London Ed.) 349, 355; Inst. 2. 1. 29; 
 Dig. 47. 3. 1. 
 
AEDIFICIA SOLO CEDUNT 
 
 38 
 
 AFFIANCE 
 
 AEDIFICIA SOLO CEDUNT. Buildings 
 pass by a grant of the land. Fleta, lib. 3, 
 c. 2, § 12. 
 
 AEDILE (Lat.) In Roman law. An of- 
 ficer who attended to' the repairs of the 
 temples and other public buildings; the re- 
 pairs and cleanliness of the streets; the 
 care of the weights and measures; the pro- 
 viding for funerals and games; and regulat- 
 ing the prices of provisions. Ainsworth; 
 Smith; Du Cange. 
 
 AEDILITIUM EDICTUM (Lat.) In Ro- 
 man law. That provision by which the 
 buyer of a diseased or imperfect slave, 
 horse, or other animal was relieved at the 
 expense of the vendor who had sold him as 
 sound, knowing him to be imperfect. Calv. 
 Lex. 
 
 AEFESN. In old English law. The re- 
 muneration to the proprietor of a domain 
 for the privilege of feeding swine under 
 the oaks and beeches of his woods. 
 
 AEGROTO (Lat. ablative of aegrotus, 
 sick). Being sick or indisposed. A term 
 used in some of the older reports. "Holt, 
 aegroto." 11 Mod. 179. 
 
 AEL (Law Fr.) A grandfather. Britt. c. 
 89, fol. 221. Also spelled'.a{eu2 and ayle. 
 
 AEQUIOR EST DISPOSITIO LEGIS 
 quam hominis. The disposition of the law 
 is more impartial than that of man. 8 Coke, 
 152; Bracton, fol. 3a. 
 
 AEQUITAS. Equity. 
 
 AEQUITAS AGIT IN PERSONAM. Equi- 
 ty acts upon the person. 4 Bouv. Inst, note 
 3733. 
 
 AEQUITAS SEQUITUR LEGEM. Equity 
 follows the law. 1 Story, Eq. Jur. § 64; 3 
 Wooddqson, Lect. 479, 482; Branch, Max. 
 8; 2 Sharswood, Bl. Comm. 330; Gilb. 136; 
 2 Eden, 316; 10 Mod. 3; 15 How. (U. S.) 
 299. 
 
 AEQUUM ET BONUM, EST LEX LE- 
 gum. What is just and right is the law of 
 laws. Hob. 224. 
 
 AERARIUM (Lat. from aes, money). In 
 the Roman law. The treasury (fiseus) . Calv. 
 Lex. 
 
 AES (Lat.) In the Roman law. Money 
 (literally, brass) ; metallic money in gen- 
 eral, including gold. Dig. 9. 2. 2. pr.; Id. 
 9. 2. 27. 5; Id. 50. 16. 159. 
 
 AES ALIENUM (Lat.) In civil law. A 
 debt. 
 
 Literally translated, the property or 
 money of another; the civil law consider- 
 ing borrowed money as the property of 
 another, as distinguished from aes suum, 
 one's own. 
 
 AESNECIA. In old English law. Es- 
 necy; the right or privilege of the eldest 
 born. Spelman; Glanv. lib. 7, c. 3; Fleta, 
 lib. 2, c. 66, §§ 5, 6. The privilege allowed 
 the eldest daughter of drawing first- in the 
 partition of lands by lot. Called, also, pars 
 enecia, enetia, or eneia. Bracton, fol. 75. 
 
 AESTIMATIO CAPITIS (Lat. the value of 
 a head) . The price to be paid for taking 
 the life of a human being. 
 
 King Athelstan declared, in an assembly 
 held at Exeter, that mulcts were to be paid 
 per aestimatio capitis. For a king's head 
 (or life), 30,000 thuringae; for an arch- 
 bishop's or prince's, 15,000; for a priest's 
 or thane's, 2,000. Leg. Hen. I. 
 
 AESTIMATIO PRAETERITI DELICTI 
 ex postremo facto nunquam crescit. The 
 estimation of a crime committed never in- 
 creases from a subsequent fact. Bac. Max. 
 reg. 8; Dig. 50. 17. 139; Broom, Leg. Max. 
 (3d London Ed.) 17. 
 
 AETAS. In the Roman law. Age. See 
 "Age." 
 
 AETATE PROBANDA. See "De Aetate 
 Probande." 
 AFFECT. To act upon. 219 111. 15. 
 
 AFFECTIO TUA NOMEN IMPONIT 
 operi tuo. Your motive gives a name to your 
 act. Bracton, fols. 2b, 101b. 
 
 AFFECTION. The making over, pawn- 
 ing, or mortgaging a thing to assure the 
 payment of a sum of money, of the dis- 
 charge of some other duty or service. Tech. 
 Diet. 
 
 AFFECTUS (Lat.) Movement of the 
 mind; disposition; intention. 
 
 One of the causes for a challenge of a 
 juror is propter affectum, on account of a 
 suspicion of bias or favor. 3 Bl. Comm. 
 363; Co. Litt. 156. 
 
 AFFECTUS PUNITUR LICET NON SE- 
 quitur effectus. The intention is punished, 
 although the consequence do not follow. 
 9 Coke, 56. 
 
 AFFEERIE. In English law. To fix in 
 amount; to liquidate. 
 
 To affeer an amercement is to establish 
 the amount which one amerced in a court- 
 leet should pay. 
 
 To aflfeer an account is to confirm it on 
 oath in the exchequer. 
 
 AFFEERORS. In old English law. 
 Those appointed by a court-leet to mulct 
 those punishable, not by a fixed fine, but 
 by an arbitrary sum, called "amercement." 
 Termes de la Ley. 
 
 AFFIANCE (Lat. affldare, ad, fidem, dare, 
 to pledge to). 
 
 A plighting of troth between man and 
 woman. Litt. § 39. 
 
AFFIANT 
 
 39 
 
 AFFIRM 
 
 An agreement by which a man and 
 woman promise each other that they will 
 marry together. Poth. du Mar. note 24. 
 
 Marriage. Co. Litt. 34a. See Dig. 23. 1. 
 1; Code, 5. 1. 4. 
 
 AFFIANT. One who makes an affida- 
 vit (q. V.) 
 
 AFFIDARE. 
 
 In Canon Law. To betroth; to plight 
 
 one's faith generally. Bracton, fol. 29a; 
 Co. Litt. 34a. 
 
 — ^In Feudal Law. To swear fealty, as 
 
 a tenant to his lord. Spelman. 
 
 — ^In Old Practice. To make oath. 
 
 AFFIDATIO. In canon and feudal law. 
 A plighting or pledging of faith; a giving 
 or swearing of fealty. Spelman. 
 
 AFFIDATIO DOMINORUM. An oath 
 taken by the lords in parliament. 
 
 AFFIDATU8. One who Is not a vassal, 
 but who, for the sake of protection, has 
 connected himself with one more powerful. 
 Spelman; 2 Sharswood, Bl. Comm. 46. 
 
 AFFIDAVIT (Lat.) In practice. A state- 
 ment or declaration reduced to writing, and 
 sworn or affirmed to before some officer 
 who has authority to administer an oath. 
 80 111. 307; 59 Mo. App. 188; 1 Mich. N. P. 
 189. 
 
 It differs from a deposition in this, that 
 in the latter the opposite party has an op- 
 portunity to cross-examine the witness, 
 whereas an aflSdavit is always taken ex 
 parte. 3 Blatchf. (U. S.) 456; 4 Kan. 124. 
 
 It is not synonymous with "oath" (76 Ky. 
 417), but includes the oath (2 Chand. [Wis.] 
 29-32, note). 
 
 It is not a pleading. 7 Ean. 859. 
 
 AFFIDAVIT OF DEFENSE. 
 
 In Practice. A statement made in 
 
 proper form that the defendant has a good 
 ground of defense to the plaintiff's action 
 upon the merits. The statements required 
 in such an affidavit vary considerably in the 
 different states where they are required. 
 In some, it must state a ground of defense; 
 in others, a simple statement of belief that 
 it exists is sufficient. Called, also, an "affi- 
 davit of merits." 
 
 ——In Pennsylvania Practice. A state- 
 ment of the facts constituting the defense 
 required to accompany a general plea. Thus, 
 with a plea ot nil debet must be filed an 
 affidavit of defense showing the facts by 
 reason of which defendant claims not to 
 be indebted. 
 
 AFFIDAVIT TO HOLD TO BAIL. In 
 practice. An affidavit which is required In 
 many cases before a person can be arrest- 
 ed in a civil action. 
 
 AFFILARE. To put on record; to file. 
 8 Coke, 319; 2 Maule & S. 202. 
 
 AFFILE. To put on file. Now written 
 "file." 
 
 AFFILIATION. The fixing upon one the 
 paternity of a bastard. 
 
 -In French Law. A species of adop- 
 tion which exists by custom in some parts 
 of France. 
 
 The person affiliated succeeded equally 
 with other heirs to the property acquired 
 by the deceased to whom he had been af- 
 filiated, but not to that which he inherited. 
 
 In Ecclesiastical Law. A condition 
 
 which prevented the superior from remov- 
 ing the person affiliated to another con- 
 vent. Guyot, Rep. Univ. 
 
 AFFINAGE. Refining metal; hence "fine" 
 and "refined." Blount 
 
 AFFINES (Lat. finis). In civil law. 
 Connections by marriage, whether of the 
 persons or their relatives. Calv. Lex. 
 
 From this word we have affinity, denot- 
 ing relationship by marriage. 1 Bl. Conmi. 
 434. 
 
 The singular, afflnis, is used in a variety 
 of related significations, — a boundary (Du 
 Cange; a partaker or sharer, affinis culpae 
 (an aider or one who has faiowledge of a 
 crime (Calv. Lex.). 
 
 AFFINIS MEI AFFINIS NON EST MIHI 
 affinis. A connection (t. e., by marriage) of 
 my connection is not a connection of mine. 
 Shelf. Mar. & Div. 174. 
 
 AFFINITAS. In civil law. Affinity. 
 
 AFFINITAS AFFINITATIS. That con- 
 nection between parties arising from mar- 
 riage which is neither consanguinity nor 
 affinity. 
 
 This term intends the connection between 
 the kinsmen of the two persons married, 
 as, for example, the husband's brother and 
 the wife's sister. Ersk. Inst. 1. 6. 8. 
 
 AFFINITY. The connection existing, in 
 consequence of marriage, between each of 
 the married persons and the kindred of the 
 other. The relation contracted on mar- 
 riage between a husband and his wife's kin- 
 dred, and between the wife and her hus- 
 band's kindred, as distinguished from con- 
 sanguinity or relationship by blood. 1 
 Denio (N. Y.) 25. 
 
 The relations of the wife, her brothers, 
 her sisters, her uncles, are allied to the 
 husband by affinity; and his brothers, sis- 
 ters, etc., are allied in the same way to the 
 wife. 1 Denio (N. Y.) 186. But the brother 
 and the sister of the wife are not allied by 
 the ties of affinity. 2 Barb. Ch. (N. Y.) 331. 
 
 AFFIRM (Lat. afflrmwre, to make firm; 
 to establish). 
 
 To ratify or confirm a former law or judg- 
 ment. Cowell. 
 
AFFIRMANCE 
 
 40 
 
 AFFRI 
 
 Especially used of confirmations of the 
 judgrments of an inferior by an appellate 
 tribunal. 
 
 To ratify or confirm a voidable act of the 
 party. 
 
 To make a solemn religious asseveration 
 in the nature of an oath. See "Affirmation." 
 
 AFFIRMANCE. The confirmation of a 
 voidable act by the party acting, who is to 
 be bound thereby. 
 
 The term is in accuracy to be distin- 
 guished from "ratification," which is a rec- 
 ognition of the validity or binding force, as 
 against the party ratifying, or some act 
 performed by another person, and from 
 "confirmation," which would seem to apply 
 more properly to cases where a doubtful 
 authority has been exercised by another in 
 behalf of the person ratifying; but these 
 distinctions are not generally observed with 
 much care. 1 Pars. Cont. 243. 
 
 Express afiirmance takes place where the 
 party declares his determination of fulfill- 
 ing the contract. Dud. (Ga.) 203. 
 
 Implied affirmance arises from the acts of 
 the party without any express declaration. 
 15 Mass. 220. See 10 N. H. 194; 11 Serg. 
 & R. (Pa.) 305; 1 Pars. Cont. 243; 1 
 Sharswood, Bl. Comm. 466, note 10. 
 
 In Appellate Practice. The approval 
 
 by an appellate court of the judgment or 
 order under review. 
 
 AFFIRMANCE-DAY-GENERAL. In the 
 English court of exchequer. A day ap- 
 pointed by the judges of the common pleas, 
 and barons of the exchequer, to be held a 
 few days after the beginning of every term 
 for the general affirmance or reversal of 
 judgments. 2 Tidd, Prac. 1091. 
 
 AFFIRMANT. In practice. One who 
 makes affirmation instead of making oath 
 that the evidence which he is about to give 
 shall be the truth, as if he had been sworn. 
 
 AFFIRMANTI, NON NEGANTI, INCUM- 
 bit probatlo. The proof lies upon him who 
 affirms, not on him who denies. See Phil. 
 Ev. 493. 
 
 AFFIRMANTIS EST PROBATIO. He 
 
 who affirms must prove. 9 Cush, (Mass.) 
 535. 
 
 AFFIRMATION. In practice. A solemn 
 religious asseveration in the nature of an 
 oath, l^reenl. Ev. § 371. 
 
 AFFIRMATIVE, That which establishes; 
 that which asserts a thing to be true. 
 
 AFFIRMATIVE PREGNANT. In plead- 
 ing. An affirmative allegation implying 
 some negative in favor of the adverse party. 
 For example, if to an action of assumpsit, 
 which is barred by the act of limitations m 
 six years, the defendant pleads that he did 
 not undertake, etc., within ten years, a rep- 
 lication that he did undertake, etc., within 
 
 ten years would be an affirmative pregnant, 
 since it would impliedly admit that the de- 
 fendant had not promised within six years. 
 Such a plea should be demurred to. Gould, 
 PI. c. 6, §§ 29, 37; Steph. PI. 381; Lawes, 
 Civ. PI. 113; Bac. Abr. "Pleas" (note 6). 
 See "Negative Pregnant." 
 
 AFFIRMATIVE STATUTE. See "Statute." 
 
 AFFIRMATIVE WARRANTY. In insur- 
 ance law. A warranty as to existing facts, 
 as distinguished from promissory warran- 
 ties relating to future conduct. 
 
 AFFIXUS. Affixed. 
 
 AFFORATUS. Appraised, assessed, or 
 valued. Blount. 
 
 AFFORCE. To increase or strengthen. 
 
 AFFORCE THE ASSIZE. To compel 
 unanimity among the jurors who disagree. 
 
 It was done either by confining them with- 
 out meat and drink, or, more anciently, by 
 adding other jurors to the panel to a lim- 
 ited extent, securing the concurrence of 
 twelve in a verdict. See Bracton, fols. 185b, 
 292a; Fleta, bk, 4, c. 9, § 2. 
 
 The practice is now discontinued, 
 
 AFFORER, or AFFORARE. To estimate, 
 assess, or tax. Kelham; Blount. 
 
 AFFOREST. To convert land into a 
 "forest," in the legal sense of the word. 
 
 AFFRANCHIR (Law Fr.) To set free. 
 Kelham. 
 
 AFFRANCHISE. To make free. 
 
 AFFRAY. In criminal law. The fighting 
 of two or more persons in some public place 
 to the terror of the people. 53 Ala. 640; 15 
 Ark. 204; 57 Mo. App. 502. 
 
 It differs from a riot in not being premed- 
 itated; 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 ex- 
 cept those actually engaged in it. Hawk. 
 P. C. bk. 1, c. 65; § 3; 4 Bl. Comm. 146; 1 
 Russ. Crimes, 271. 
 
 Fighting in a private place is only an as- 
 sault. 1 Cromp., M. & R. 757; 1 Cox, C. C. 
 177; 22 Ala. 15; 29 Ind. 206. 
 
 AFFRECTAMENTUM (Fr. fret). Af- 
 freightment. 
 
 The word fret means tons, according to 
 Cowell. 
 
 Affreightamentum was sometimes used. 
 Du Cange. 
 
 AFFREIGHTMENT. The contract by 
 which a vessel, or the use of it, is let out to 
 hira 
 
 AFFRI. In old English law. Plow cat- 
 tle, bullocks, or plow horses. Affri, or afri 
 
AFORESAID 
 
 41 
 
 AGENHINE, AGENHINA 
 
 carucae, beasts of the plow. Reg. Orig. 150a; 
 St. Westminster II. c. 18; Spelman. Affri 
 carectae, beasts of the cart. Fleta, lib. 2, c. 
 85. 
 
 AFORESAID. Before mentioned; al- 
 ready spoken of or described. See 20 Mo. 
 411; 20 Ala. 35. 
 
 AFORETHOUGHT. In criminal law. 
 Premeditation; prepense. See "Malice 
 Aforethought."- 
 
 AFTERMATH. The second crop of grass. 
 A right to have the last crop of grass or 
 pasturage. 1 Chit. Prac. 181. 
 
 AGAINST THE FORM OF THE STAT- 
 ute. Technical words which must be used 
 in framing an indictment for a breach of 
 the statute prohibiting the act complained 
 of. 
 
 The Latin phrase is contra formam stat- 
 uti. 
 
 AGAINST THE PEACE. See "Contra Pa- 
 cem." 
 
 AGAINST THE WILL. Technical words 
 which must be used in framing an indict- 
 ment for robbery from the person. 1 Chit. 
 Cr. Law, 244. 
 
 In the statute of 13 Edw. I. (Westminster 
 II.) c. 34, the oflfense of rape is described 
 to be ravishing a woman "where she did not 
 consent," and not ravishing against her will. 
 Per Tindal, C. J., and Parke, B., in the ad- 
 denda to 1 Den. C. C. 1. And in a later 
 case this statute definition was adopted 
 by all the judges. Bell, C. C. 63, 71. 
 
 AGALMA. An Impression or image of 
 anything on a seaL Cowell. 
 
 AGARD. An award. 
 
 AGARDER (Law Fr.) To award, ad- 
 judge, or determine; to sentence, or con- 
 demn. 
 
 AGE. Years of life; that period of life 
 at which the law allows persons to do acts 
 or discharge functions which, for want of 
 years, they were prohibited from doing or 
 undertaking before. 
 
 At Common Law. Males, before four- 
 teen, are said not to be of discretion; at that 
 agei they may consent to marriage, and 
 choose a guardian. Twenty-one years is full 
 age for all private purposes, and they may 
 then exercise their rights as citizens by vot- 
 ing for public officers, and are eligible to all 
 offices, unless otherwise provided for in the 
 constitution. 
 
 Females, at twelve, arrive at years of dis- 
 cretion, and • may consent to marriage; at 
 fourteen, they may choose a guardian; and 
 twenty-one as in males is full age, when 
 they may exercise all the rights which be- 
 long to their sex. The age of puberty for 
 both sexes is fourteen. 
 
 —In French Law. A person must have 
 attained the age of forty to be a member 
 of the legislative body; twenty- five, to be a 
 judge of a tribunal de premiere instance; 
 twenty-seven to be its president, or to be 
 judge or clerk of a cour royale; thirty, to 
 be its president or procureur-general; 
 twenty-five, to be a justice of the peace; 
 thirty, to be a judge of a tribunal of com- 
 merce, and thirty-five to be its president; 
 twenty-five to be a notary public; twenty- 
 one, to be a testamentary witness; thirty, 
 to be a juror. At sixteen, a minor may de- 
 vise one-half of his property as if he were 
 a major. A male cannot contract marriage 
 till after the eighteenth year, nor a female 
 before full fifteen years. At twenty-on^ 
 both males and females are capable to per- 
 form all the acts of civil life. TouUier, Dr. 
 Civ. liv. 1, Introd. note 188. 
 
 In Roman Law. Infancy (infantia) 
 
 extended to the age of seven; the period of 
 childhood {pueritia), which extended from 
 seven to fourteen, was divided into two 
 periods, — ^the first, extending from seven to 
 ten and a half, was called the period near- 
 est childhood (aetas infantiae proxima) ; 
 the other from ten and a half to fourteen, 
 the period nearest puberty {aetas pubertati 
 proxima) ; puberty (pubertas) extended 
 from fourteen to eighteen; full puberty ex- 
 tended from eighteen to twenty-five; at 
 twenty-five, the person was of legal age 
 (aetas legitima) , sometimes expressed as 
 full age (aetas perfecta). See Tayl. Civ. 
 Law, 254; Lee. Elem. Civ. 22. 
 
 AGE PRAYER. A statement made in a 
 real action, to which an infant is a party, 
 of the fact of infancy, and a request that 
 the proceedings may be stayed until the in- 
 fant becomes of age. 
 
 It is now abolished. St. 11 Geo. IV.; 
 1 Wm. IV. c. 37, § 10; 1 -Lilly, Reg. 54; 3 
 Bl. Comm. 300. 
 
 AGENCY. A relation between two or 
 more persons, by which one party, usually 
 called the "agent" or "attorney," is author- 
 ized to do certain acts for, or in relation to 
 the rights or property of, the other, who is 
 denoininated the "principal," "constituent," 
 or "employer." Prof. Joel Parker, MSS. 
 Lect. 1851. See "Agent." 
 
 AGENCY, DEED OF. A revocable and 
 voluntary trust for payment of debts. Whar- 
 ton. 
 
 AGENFRIDA (Saxon). The true lord or 
 owner of a thing. Spelman. 
 
 AGENHINE, AGENHINA, or AWNHINE. 
 In Saxon law. A domestic or inmate. One 
 who stayed three nights in an inn was 
 counted an agenhine, tiaws Edw. Couf. c. 
 17. 
 
AGENS 
 
 42 
 
 AGILD 
 
 AGENS (Lat. agere, to do; to conduct). 
 A conductor or manager of affairs. Distin- 
 guished from factor, a workman. 
 
 A plaintiff. Fleta, lib. 4, c. 15, § 8. 
 
 AGENT (Lat. agens, from agere, to do). 
 One who undertakes \p transact some busi- 
 ness, or to manage some affair, for anoth- 
 er, by the authority and on account of the 
 latter, and to render an account of it. 1 
 Livermore, Ag. 67; 2 Bouv. Inst. 3. 
 _ The term is one of a very wide applica- 
 tion, and includes a great many classes of 
 persons to which distinctive appellations 
 are given; as, factors, brokers, attorneys, 
 cashiers of banks, auctioneers,- clerks, su- 
 percargoes, consignees, ships' husbands, 
 masters of ships; and the like. The terms 
 "agent" and "attorney" are often used 
 synonymously. Thus, a letter or power of 
 attorney is constantly spoken of as the for- 
 mal instrument by which an agency is cre- 
 ated. Paley, Ag. (Dunl. Ed.) 1, note. 
 
 Agents are "general" or "special;" a gen- 
 eral agent being one authorized to repre- 
 sent his principal in all mitters, in which 
 case he is sometimes called a "universal 
 agent" (g. v.), or in all matters of a par- 
 ticular class; a special agent, one author- 
 ized to act only on one occasion, or in one 
 transaction. 
 
 The distinction between an "agent" and a 
 "servant" is that the former acts as a sub- 
 stitute for his principal, i. e., represents him 
 in some transaction with third persons, 
 while the latter merely performs the mas- 
 ter's work. 
 
 ^In In'ternational Law. The agents of 
 
 a state in international affairs are (a) the 
 persons to whom are delegated the man- 
 agement of the foreign affairs of the state 
 by the constitution, and (b) all persons di- 
 rectly subordinate to them, the latter being 
 generally designated as "diplomatic agents." 
 Glenn, Int. Law, 105. 
 
 In English Parliamentary Practice. 
 
 Persons acting as solicitors in appealed 
 cases in the privy council and house of 
 lords are known as "agents," or "law 
 agents." Macph. Privy Council, 65. 
 
 AGENT AND PATIENT. A phrase indi- 
 cating the state of a person who is required 
 to do a thing, and is at the same time the 
 person to whom it is done; as, when a man 
 is indebted to another, and he appoints him 
 his executor, the latter is required to pay 
 the debt in his capacity of executor, and 
 entitled to receive it in his own right; he is 
 then agent and patient. Termes de la Ley. 
 
 AGENTES ET CONSENTIENTES PARI 
 poena plectentur. Acting and consenting 
 parties are liable to the same punishment. 
 5 Coke, 80. 
 
 AGER (Lat.) 
 generally. 
 
 A portion of 
 boundaries. 
 
 Used like the word acre in the old English 
 law, denoting a measure of undetermined 
 and variable value. Spelman; Du Cange; 3 
 Kent, Comm. 441, 
 
 AGGER (Lat.) In the civil law. A dam, 
 bank, or mound. Code, 9. 38; Towns. PI. 48. 
 
 AGGRAVATED ASSAULT. An assault at- 
 tended by circumstances of aggravation, as 
 the use of a weapon, or disparity of age or 
 sex between the assailant and person as- 
 saulted. 
 
 AGGRAVATION (Lat. ad, to, and gravis, 
 heavy; aggravare, to make heavy), that 
 which increases the enormity of a crime or 
 the injury of a wrong. 
 
 In Criminal Law. One of the rules 
 
 respecting variances is that cumulative alle- 
 gations, or such as merely operate in aggra- 
 vation, are immaterial, provided that 
 sufficient is proved to establish some right, 
 offense, or justification included in the 
 claim, charge or defense specified on the 
 record. This rule runs through the whole 
 criminal law, that it is invariably enough 
 to prove so much of the indictment as 
 shows that the defendant has committed 
 a substantive crime therein specified. Per- 
 Lord EUenborough. 2 Campb. 583; 4 Barn. 
 & C. 329; 21 Pick. (Mass.) 525; 4 Gray 
 (Mass.) 18; 7 Gray (Mass.) 49, 331; 1 
 Tayl. Bv. § 215. Thus, on an indictment 
 for murder, the prisoner may be convicted 
 of manslaughter, for the averment of 
 malice aforethought is merely matter of 
 aggravation. Co. Litt. 282a. 
 
 In Pleading. The introduction of mat- 
 ter into the declaration which tends to in- 
 crease the amount of damages, but does not 
 affect the right of action itself. Steph. PI. 
 257; 12 Mod. 597. See 3 Am. Jur. 287-313. 
 
 An example of this is found in the case 
 where a plaintiff declares in trespass for en- 
 tering his house, and breaking his close, and 
 tossing his goods about. The entry of the 
 house is the principal ground and foun- 
 dation of the action, and the rest is only 
 stated by way of aggravation (3 Wils. 294), 
 and this matter need not be proved by the 
 plaintiff, or answered by the defendant. 
 
 AGGREGATE. A collection of particu- 
 lar persons or items, formed into one body. 
 See "Corporation." 
 
 AGGREGATIO MENTIUM. A meeting of 
 minds. See "Agreement." 
 
 AGGRESSOR. He who begins a quarrel 
 or dispute, either by threatening or striking 
 another. No man may strike another be- 
 cause he has been threatened, or in conse- 
 quence of the use of any words. 
 
 AGGRIEVED. Injuriously affected. 
 
 In civil law. A field; land AGILD. In Saxon law. Free from pen- 
 alty (sine mulcta vel compensatione) , not 
 subject to the payment of gild, or weregUd; 
 that is, the customary fine or pecuniary com- 
 
 land enclosed by definite 
 
AGILER 
 
 43 
 
 AGREEMENT 
 
 pensation for an offense. Spelman; Cow- 
 ell. 
 
 AGILER. In Saxon law. An observer or 
 informer. 
 
 AGILLARIUS (Law Lat.) In old English 
 law. A hayward, herdward, or keeper of 
 the herd of cattle in a common field. Cow- 
 ell. 
 
 AGIO. A term used in commercial trans- 
 actions to denote the difference of price be- 
 tween the value of bank notes or other nom- 
 inal money and the coin of the country. 5 
 Mees. & W. 535. 
 
 AGIOTAGE. From agis. Speculation in 
 public securities. 
 
 AGISTER. See "Agistment." 
 
 AGISTMENT. The taking of another per- 
 son's cattle into one's own ground to be fed, 
 for a consideration to be paid by the owner. 
 The person so taking cattle to pasture is 
 called an "agister." Schouler, Bailm. § 96; 
 Story, Bailm. § 443; 68 Cal. 290. 
 
 In Old English Law. The taking ol 
 
 the cattle of strangers to pasture on the 
 king's land, and collecting fees therefor to 
 the use of the king. Spelman. 
 
 AGNATES. In Scotch law. Relations on 
 the father's side. 
 
 AGNATI. In civil law. The members of 
 a Roman family who traced their origfin 
 and name to a common deceased ancestor 
 through the male line, under whose paternal 
 power they would be if he were living. 
 
 They were called adgnati, — adcnati, from 
 the words ad eum Ttati. Ulpianus says : "Ad- 
 gnati autem sunt cognati virilis sexus ab 
 eodem orti; nam post suos et consaguineos 
 statim mihi proximus est consanguinei met 
 films, et ego ei; patris quoque f rater qui pat- 
 ruus appellatur; deinceps ceteri, si qui sunt, 
 hinc orti in infinitum,." Dig. 38. 16; De Suis 
 2, § 1. Thus, although the grandfather and 
 father be dead, the children become sui 
 juris, and the males may become the found- 
 ers of new families, still they all continue 
 to be agnates; and the agnatic spreads and 
 is perpetuated not only in the direct, but 
 also in the collateral, line. Marriage, adop- 
 tion, and adrogation also create the rela- 
 tionship of the agnatio. In the Sentences of 
 Paulus, the order of inheritance is stated as 
 follows: Intestatorum hereditas, lege Duo- 
 deeim Tabularum primum suis heredibus, de 
 inde adgnatis et aliquando quoque gentibus 
 deferebatur. 
 
 They are distinguished from the cognati, 
 those related through females. See "Cog- 
 nati." 
 
 AGNATIC. Derived from or through 
 males. 2 Bl. Comm. 236. 
 
 AGNATIO (Lat.) In civil law. A rela- 
 tionship through males; the male children. 
 
 Especially spoken of the children of a free 
 father and slave mother. The rule in such 
 cases was agnatio sequitur ventrem. Du 
 Cange. 
 
 AGNATION. Relationship on the father's 
 side. See "Agnates."'* 
 
 AGNOMEN (Lat.) A name or title which 
 a man gets by some action or peculiarity; 
 the last of the four names sometimes given a 
 Roman. Thus, Scipio Africanus (the Af- 
 rican), from his African victories. Ains- 
 worth; Calv. Lex. See "Nomen." 
 
 AGRARIAN LAWS. In Roman law. Those 
 laws by which the commonwealth disposed 
 of its public land, or regulated the posses- 
 sion thereof by individuals, were termed 
 "Agrarian Laws." 
 
 The greater part of the public lands ac- 
 quired by conquest were laid open to the 
 possession of any citizen, but the state re- 
 served the title and the right to resume 
 possession. The object of many of the agra- 
 rian laws was to limit the area of public 
 land of which any one person might take 
 possession. The law of Cassius, B. C. 486, 
 is the most noted of these laws. 
 
 Until a comparatively recent period, it 
 has been assumed that these laiws were 
 framed to reach private property, as well 
 as to restrict possession of the public do- 
 main, and hence the term "agrarian" is, 
 fn legal and political literature, to a great 
 degree fixed with the meaning of a confis- 
 catory law, intended to reduce large es- 
 tates, and increase the number of landhold- 
 ers. Harrington, in his "Oceana," and the 
 philosophers of the French Revolution, have 
 advocated agrarian laws in this sense. The 
 researches of Heyne (Op. 4, 351), Nlehbuhr 
 (Hist. vol. 2, trans.), and Savigny (Das 
 Recht des Besitzes), have redeemed the Ro- 
 man word from the burden of this meaning. 
 
 AGRARIUM. A tax upon or tribute pay- 
 able out of land. 
 
 AGREAMENTUM. Agreement. 
 
 Spelman says that it is equivalent in 
 meaning to aggregatio mentium, though not 
 derived therefrom. 
 
 AGREEMENT (from Lat. aggregatio 
 mentium). A coming together of parties in 
 opinion or determination; the union of two 
 or more minds in a thing done or to be 
 done; a mutual assent to do a thing. Comyn, 
 Dig. "Agreement" (A. 1) ; Plowd, 5a, 6a. 
 
 The consent of two or more persons con- 
 curring, the one in parting with, the other 
 in receiving, some property, right, or ben- 
 efit. Bac. Abr. 
 
 A mutual contract in consideration be- 
 tween two or more parties. 5 East, 10; 4 
 Gill & J. (Md.) 1; 12 How. (U. S.) 126. 
 
 Agreement is seldom applied to special- 
 ties; contract is generally confined to sim- 
 ple contracts ; and promise refers . to the 
 
AGREEMENT FOR INSURANCE 
 
 44 
 
 AIDING AND ABETTING 
 
 engagement of a party without reference to 
 the reasons or considerations for it, or the 
 duties of other parties. Pars. Cont. 6. 
 
 An agreement ceases to be such by being 
 put in writing under seal, but not when 
 put in writing for a memorandum. Dane, 
 Abr. c. 11. 
 
 A promise or undertaking. This is a loose 
 and inaccurate use of the word. 3 Conn. 
 335. 
 
 The writing or instrument which is evi- 
 dence of an agreement. This is a loose and 
 evidently inaccurate use of the term. The 
 agreement may be valid, and yet the writ- 
 ten evidence thereof insufficient. 
 
 Agreements are: 
 
 (1) Cohditional, being those which are to 
 have full effect only in case of the happen- 
 ing of certain events, or the existence of a 
 given state of things. 
 
 (2) Absolute, being dependent on no con- 
 tingency. 
 
 They are also: 
 
 (3) Executed, being those where nothing 
 further remains to be done by the parties, 
 or 
 
 (4) Executory, being such as rest on ar- 
 ticles, memorandums, parol promises or un- 
 dertakings, and the like, to be performed in 
 the future, or which are entered into pre- 
 paratory to more solemn and formal aliena- 
 tions of property. Powell, Cont. An ex- 
 ecuted agreement always conveys a chose 
 in possession, while an executory one con- 
 veys a chose in action only. 
 
 They are also: 
 
 (5) Express, being those in which the 
 terms are openly uttered and avowed by 
 the parties at the time of making, or 
 
 (6) Implied, being those which the law 
 supposes the parties to have made, although 
 the terms were not openly expressed. 
 
 AGREEMENT FOR INSURANCE. An 
 agreement often made in short terms pre- 
 liminary to the filling out and delivery of a 
 policy with the specific stipulations. 
 
 Such an agreement, specifying the rate 
 of premium, the subject and risk, and 
 amount to be insured, in general terms, and 
 being assented to by the parties, is bind- 
 ing. 1 Phil. Ins. c. 1, § 3; 2 Curt. C. C. (U. 
 S.) 277; 19 N. Y. 305. 
 
 AGREER, or AGGREER (Law Fr.) 
 
 In Old Practice. To agree. 
 ——In French Marine Law. To rig or 
 equip a vessel. Ord. Mar. liv. 1, tit. 2, art. 1. 
 
 AGREES. The word "agrees" used in a 
 contract ex vi termini, means that it is the 
 agreement of both parties, both concurring 
 on the point, whether both sign or not. 27 
 111. App. 231. 
 
 AGREZ (Fr.) In French marine law. 
 The rigging or tackle of a vessel. Ord. 
 Mar. liv. 1, tit. 2, art. 1; Id. tit. 11, art. 2; 
 Id. liv. 3, tit. 1, art. 11. 
 
 AGRI. Arable lands in common fields. 
 
 AGRI LIMITATI. In Roman law. Lands 
 belonging to the state by right of conquest, 
 and granted or sold in plots. Sandars, 
 Just. Inst. (5th Ed.) 98. 
 
 AHTEID. 
 
 In Old European Law. A kind of 
 
 oath among the Bavarians. Spelman. 
 
 — ^In Saxon Law. One bound by oath, 
 (q. V.) ; "oath-tied." From ath, oath, and 
 tied. Spelman. 
 
 AID AND COMFORT. Help; support; 
 assistance; counsel; encouragement. 
 
 The constitution of. the United States 
 (article 3, § 3) declares that adhering to 
 the enemies of the United States, giving 
 them aid and comfort, shall be treason. 
 These words, as they are to be under- 
 stood in the constitution, have not received 
 a fuH judicial construction. They import, 
 however, Tielp, support, assistance, counte- 
 nance, encouragement. The word "aid," 
 which occurs in St. "Westminster I. c. 14, 
 is explained by Lord Coke (2 Inst. 182) 
 as comprehending all persons counseling, 
 abetting, plotting, assenting, consenting, and 
 encouraging to do the act (and he adds, 
 what is not applicable to the crime of trea- 
 son), who are not present when the act is 
 done. See, also, 1 Burn. Just. 5, 6; 4 Bl. 
 Comm. 37, 38. 
 
 AID BONDS. Public (usually municipal 
 or county) bonds issued in aid of a private 
 enterprise operating for the benefit of the 
 community generally. 
 
 AID OF THE KING. Intervention prayed 
 by the king's tenant when another ques- 
 tioned his tenure, or demanded rent of him. 
 
 AID PRAYER. In English law. A peti- 
 tion to the court calling in help from an- 
 other person who has an interest in the 
 matter in dispute. For example, a tenant 
 for life, by the curtesy, or for years, being 
 impleaded, may pray aid of him in rever- 
 sion; that is, desire the court that he may 
 be called by writ, to allege what he thinks 
 proper for the maintenance of the right of 
 the person calling him, and of his own. 
 Fitzh. Nat. Brev. 50; Cowell. 
 
 AIDER BY VERDICT. In pleading. The 
 presumption which arises after verdict, 
 whether in a civil or criminal case, that 
 those facts, without proof of which the ver- 
 dict could not have been found, were 
 proved, though they are not distinctly al- 
 leged in the record; provided it contains 
 terms suflSciently general to comprehend 
 them in reasonable intendment. 
 
 AIDING AND ABETTING. In criminal 
 law. The offense committed by those per- 
 sons, who, although not the direct perpe- 
 trators of a crime, are yet present at its 
 commission, doing some act to render aid 
 
AIDS 
 
 45 
 
 ALDERMAN 
 
 to the actual perpetrator thereof. 4 Shars- 
 ■wood, Bl. Comm. 34; Russ. & R. 363, 421; 
 
 9 Ired. (N. C.) 440; 1 Woodb. & M. 221; 
 
 10 Pick. (Mass.) 477; 12 Whart. (Pa.) 460; 
 26 Miss. 299. 
 
 A principal in the second degree is he 
 who is present aiding and abetting the fact 
 to be done. 1 Hale, P. C. 615. See "Prin- 
 cipal." 
 
 AIDS. In English law. A species of tax 
 payable by the tenant of lands to his su- 
 perior lord on the happening of certain 
 events. 
 
 They were originally mere benevolences 
 granted to the lord in certain times of dan- 
 ger and distress, but soon came to be 
 claimed as a right. They were originally 
 given in three cases only, and were of un- 
 certain amount. For a period they were 
 demanded in additional cases, but this 
 abuse was corrected by Magna Charta (of 
 John) and St. 25 Edw. I. (confirmatio char- 
 tarum) , and they were made payable only, — 
 to ransom the lord's person, when taken 
 prisoner; to make the lord's eldest son a 
 knight; to marry the lord's eldest daughter, 
 by griving her a suitable portion. The first 
 of these remained uncertain; the other two 
 were fixed by act of parliament (25 Edw. 
 »III. c. 11) at twenty shillings each, being 
 the supposed twentieth part of a knight's 
 fee. 2 Bl. Comm. 64. They were abolished 
 by 12 Car. II. c. 24. 2 Sharswood, Bl. Conim. 
 77, note. 
 
 AIR. That fluid transparent substance 
 which surrounds our globe. See "Ease- 
 ment." 
 
 AIRE. In old Scotch law. The court of 
 the justices itinerant, corresponding to the 
 English eyre. Skene de Verb. Sign. voc. 
 "Iter." 
 
 Heir. "His airis and assignais." Pitc. 
 Crim. Tr. pt. 2, p. 342. 
 
 AISMENTUM, AISIAMENTUM, or ESA- 
 mentum. An easement. Spelman. 
 
 AISNE, or EIGNE. In old English law. 
 Eldest or first born. Aisne is the opposite 
 of puisne. Spelman, "Aesnecia." 
 
 AJUAR. In Spanish law. The jewels and 
 furniture which a wife bring in marriage. 
 
 AJUTAGE, or ADJUTAGE. A conical 
 tube used in drawing water through an 
 aperture, by the use of which the quantity 
 of water drawn is much increased. 
 
 When a privilege to draw water from a 
 canal, through the forebay or tunnel, by 
 means of an aperture, has been granted, it 
 is not lawful to add an ajutage, unless 
 such was the intention of the parties. 2 
 Whart. (Pa.) 477. 
 
 AKIN. In old English law. Of kin. 
 "Next-a-kin." 7 Mod. 140. 
 
 AL (Law Fr.) At; to. Al huis d'esglise, at 
 the church door. Litt. § 38. Al contrary, to 
 the contrary. Dyer, 5b. 
 
 ALAE ECCLESIAE. The wings or side 
 aisles of a church. Bldunt. 
 
 ALANERARIUS. A manager and keeper 
 of dogs for the sport of hawking; from 
 alanus, a dog known to the ancients. A 
 falconer. Blount. 
 
 ALBA FIRMA. White rents; rents re- 
 served payable in silver, or white money. 
 They were so called to distinguish them 
 from reditus nigri which were rents re- 
 served payable in work, grain, and the like. 
 2 Inst. 19. 
 
 ALBANAGIUM. In old French law. The 
 state of alienage; of being a foreigner or 
 alien. ' 
 
 ALBANUS. See "Advena." 
 
 ALBINATUS (Law Lat.) In old French 
 law. The state or condition of an alien or 
 foreig:ner. 
 
 ALBINATUS JUS. In old French law. 
 The right of ^Ibanage. A right formerly ex- 
 isting in France, entitling the king, on the 
 death of an alien, to all his property, unless 
 he had a peculiar exemption. Spelman; Bl. 
 Comm. 372; 2 Kent, Comm. 69. 
 
 ALBUM BREVE. A blank writ; a writ 
 with a blank or omission in it, as, where 
 it is returned with the sheriff's surname 
 omitted. Hob. 113b; Yelv. 110. 
 
 ALBUS LIBER. An ancient book con- 
 taining a compilation of the law and cus- 
 toms of the city of London. Wharton. 
 
 ALCABALA (Spanish). A duty of a cer- 
 tain per cent, paid to the treasury on the 
 sale or exchange of property. Schmidt, Civ. 
 Law, 81, note 1. 
 
 ALCALDE. In Spanish law. A judicial of- 
 ficer in Spain, and in those countries which 
 have received the body of their laws from 
 those of Spain. His powers and duties are 
 similar to those of a justice of the peace. 
 
 ALDERMAN (equivalent to "senator" or 
 "senior"). 
 
 In English Law. An associate to the 
 
 chief civil magistrate of a corporate town or 
 city. 
 
 _ The word was formerly of very extended 
 signification. Spelman enumerates eleven 
 classes of aldermen. Their duties among 
 the Saxons embraced both magisterial and 
 executive power, but would seem to have 
 been rather an appellation of honor, orig- 
 inally, than a distinguishing mark of office. 
 
 Aldermannus civitatis, burgi sew castellae 
 (alderman of a city, borough, or castle). 1 
 Sharswood, Bl. Comm. 475, note. 
 
 Aldermannus comitatus (alderman of the 
 county), who is thought by Spelman to 
 have held an intermediate place between an 
 earl and sheriflF; by others, held the same 
 as the earl. 1 Sharswood, Bl. Comm. 116. 
 
ALE CONNER 
 
 46 
 
 ALIBI 
 
 AUermannus hundredi seu wapentachii 
 (alderman of a hundred or wapentake). 
 Spelman. 
 
 Aldermannus regis (alderman of the 
 king) was so called, either because he was 
 appointed by the king, or because he gave 
 the judgment of the king in the premises al- 
 lotted to him. 
 
 Aldermannus totius Angliae (alderman of 
 all England). An officer of high rank, 
 whose duties cannot be precisely determin- 
 ed. See Spelman. 
 
 The aldermen of the city of London were 
 probably originally the chiefs of guilds. 
 See 1 Spence, Eq. Jur. 54, 56. 
 
 ——In American Cities. The aldermen 
 are generally a legislative body, having 
 limited judicial powers as a body, as in mat- 
 ters of internal police regulation, laying out 
 and repairing streets, constructing sewers, 
 and the like; though in many cities they 
 hold separate courts, and have magisterial 
 powers to a considerable extent. Consult 
 Spelman; Cowell; 1 Sharswood, Bl. Comm. 
 116; Reeve, Hist. Eng. Law; Spence, Eq. 
 Jur.; McQuillin Mun. Corp. 
 
 ALE CONNER (also called "ale taster"). 
 An officer appointed by the^ court leet, sworn 
 to look to the assize and goodness of ale 
 and beer within the precincts of the leet. 
 Kitch. Cts. 46; Whishaw. An officer appoint- 
 ed in every court leet, and sworn to look to 
 the assize of bread, ale, or beer, within the 
 precincts of that lordship. Cowell. This of- 
 ficer is still continued in name, though the 
 duties are changed or given up. 1 Crabb, 
 Real Prop. 501. 
 
 ALEATOR (Lat. alea, dice). A dice play- 
 er; a gambler. 
 
 ALEATORY CONTRACT. In civil law. 
 A mutual agreement, of which the effects, 
 with respect both to the advantages and 
 losses, whether to all the parties or to some 
 of them, depend on an uncertain event. Civ. 
 Code La. art. 2951. 
 
 The term includes contracts, such as in- 
 surance, annuities, and the like. 
 
 ALER A DIEU (Law Fr.) ' In old prac- 
 tice. To be dismissed from court; to go 
 quit. Literally, "to go to God." Y. B. H. 
 2 Edw. IIL 6; Y. B. T. 5 Edw. IL 173; Y. 
 B. H. 3 Edw, IL 75. 
 
 ALLER SANS JOUR (Fr. aller sans jour, 
 to go without day). In practice. A phrase 
 formerly used to indicate the final dismis- 
 sal of a case from court. The defendant 
 was then at liberty to go, without any day 
 appointed for his subsequent appearance. 
 Kitch. Cts. 146. 
 
 ALEU (Fr.) In French feudal law. An 
 allodial estate, as distinguished from a feud- 
 al estate or benefice. Guyot, Inst. Feud. c. 
 28, S 2. 
 
 ALFET. The vessel in which hot water 
 was put, for the purpose of dipping a crim- 
 inal's arm in it up to the elbow in the ordeal 
 by water. Cowell. 
 
 ALGARUM IVIARIS. Probably a corrup- 
 tion of laganum maris; lagan being a right, 
 in the middle ages, like jetsam, and flotsam, 
 by which goods thrown from a vessel in 
 distress became the property of the king, 
 or the lord on whose shores they were 
 stranded. Spelman; Jacob; Du Cange. 
 
 ALIA ENORMIA (Lat. other wrongs). In 
 pleading. A general allegation, at the end 
 of a declaration, of wrongful acts commit- 
 ted by the defendant to the damage of the 
 plaintiff. In form it is, "and other wrongs 
 then and there did against the peace," etc. 
 Under this allegation, damages and matters 
 which naturally arise from the act com- 
 plained of may be given in evidence (2 
 Greenl. Ev. § 678), including battery of 
 servants, etc., in a declaration for breaking 
 into and entering a house (6 Mod. 127; 2 
 Term R. 166; 7 Har. & J. [Md.] 68), and 
 all matters in general which go in aggrava- 
 tion of damages merely, but would not of 
 themselves be ground for an action (BuUer, 
 N. P. 89; 3 Mass. 222; 6 Munf. [Va.] 308). 
 But mattej-s in aggravation may be stated 
 specially (15 Mass. 194; Gilm. [Va.] 227), 
 and matters which of themselves would con- 
 stitute a ground of action must be so stated 
 (1 Chit. PI. 348; 17 Pick. [Mass.] 284). 
 See, generally, 1 Chit. PL 648; Buller, N. P. 
 89; 2 Greenl. Ev. §§ 268, 273, 278; 2 Salk. 
 643; Peake, Ev. 505. 
 
 ALIAS (Lat. alius, another). In practice. 
 Before; at another time. 
 
 An alias writ is a writ issued where one 
 of the same kind has been issued before 
 in the same cause. The second writ runs, 
 in such case, "We command you, as we have 
 before commanded • you" {sicut alias), and 
 the Latin word alias is used to denote both 
 the writ and the clause in which it or its 
 corresponding English word is found. It 
 is used of all species of writs. 
 
 ALIAS DICTUS (Lat. otherwise called). 
 A description of the defendant by adding to 
 his real name that by which he is known 
 in some writing on which he is to be charg- 
 ed, or by which he is known. 4 Johns. (N. 
 Y.) 118; 2 Caines (N. Y.) 362; 3 Caines (N. 
 Y.) 219. 
 
 ALIBI (Lat. elsewhere). Presence in an- 
 other place than that described. 
 
 When a person, charged with a crime, 
 proves (se eadem die fuisse alibi) that he 
 was, at the time alleged, in a different place 
 from that in which it was committed, he 
 is said to prove an alibi, the effect of which 
 is to lay a foundation for the necessary in- 
 ference that he could not have committed 
 it. See Bracton, 140. 
 
ALIEN 
 
 47 
 
 ALIMONY 
 
 ALIEN (Lat. alierms, belonging to an- 
 other; foreign). A foreigner; one of for- 
 eign birth- 
 
 In England. One born out of the al- 
 legiance of the king. 
 
 -^In the United States, One born out 
 of the jurisdiction of the United States, and 
 who has not been naturalized under their 
 constitution and laws. 2 Kent, Comm. 50. 
 The children of ambassadors and ministers 
 at foreign courts, however, are not aliens. 
 And see 10 U. S. St. at Large, 604. 
 
 ALIEN AMY. An alien friend; i. e., a sub- 
 ject of a friendly nation. 
 
 ALIEN ENEMY. One who owes alle- 
 giance to the adverse belligerent. 1 Kent, 
 Comm. 73. 
 
 He who owes a temporary, but not a per- 
 manent, allegiance, is an alien enemy in re- 
 spect to acts done during such temporary 
 allegiance only, and when his allegiance 
 terminates, his hostile character terminates 
 also. 1 Bos. & P. 163. 
 
 ALIENABLE. Subject of alienation. 
 
 ALIENAGE. The condition or state of an 
 alien. 
 
 ALIENATE. To convey; to transfer. 
 Co. Litt. 118b. "Alien" is very commonly 
 used in the same sense. 1 Washb. Real 
 Prop. 53. See "Alienation." 
 
 ALIENATIO LICET PROHIBEATUR, 
 consensu tamen omnium, In quorum favo- 
 rem proliibita est, potest fieri, et quilibet 
 potest renunciare Juri pro se introducto. 
 Although alienation be prohibited, yet, by 
 the consent of all in whose favor it is pro- 
 hibited, it may take place, for it is in the 
 power of any man to renounce a right in- 
 troduced for his own benefit. Co. Litt. 98; 
 9 N. Y. 291. 
 
 ALIENATIO REI PRAEFERTUR JURI 
 
 accrescendi. Alienation is favored by the 
 law, rather than accumulation. Co. Litt. 
 185a, 381a, note; Broom, Leg. Max. (3d 
 London Ed.) 393, 409; Wright, Ten. 154 
 et. seq.; 1 Cruise, Dig. (4th Ed.) 77, 78. 
 
 ALIENATION. 
 
 Of Property. The transfer of prop- 
 erty and possession of lands, tenements, or 
 other things from one person to another. 
 Termes de la Ley. It is. particularly ap- 
 plied to absolute conveyances of real prop- 
 erty. A transfer of less than the whole 
 title is not, in the United States, an aliena- 
 tion. 11 Barb. (N. Y.) 624. 
 
 Alienation is either by deed, or by matter 
 of record. 
 
 (1) Alienations by deed are: 
 
 (a) Original or primary alienations are 
 those by which a benefit or estate is created 
 or first arises. They are feoffment, gift, 
 grant, lease, exchange, and partition. 
 
 (b) Derivative or secondary alienations 
 are those by which the benefit or estate 
 originally created is enlarged, restrained, 
 transferred or extinguished; or they may 
 be made by conveyances under the statute 
 of uses. They are release, confirmation, 
 surrender, assignment, and defeasance. 
 Those deriving their force from the statute 
 of uses are covenant to stand seized, bar- 
 gain and sale, lease and release, deeds to 
 declare the uses of other more direct con- 
 veyances, and deeds of revocation of uses. 
 
 (2) Alienation by matter of record may 
 be by private act of the legislature, by pat- 
 ents and other public grants, by fine, by 
 common recovery. 
 
 In Medical Jurisprudence. A generic 
 
 term, denoting the different kinds of aber- 
 ration of the human understanding. 1 Beck, 
 Med. Jur. 535. 
 
 ALIENATION OFFICE. In English law. 
 An office to which all writs of covenants 
 and entries were carried for the recovery 
 of fines levied thereon. 
 
 ALIENEE. One to whom an alienation is 
 made. 
 
 ALIENI GENERIS (Lat.) Of another 
 kind. 
 
 ALIENI JURIS (Lat.) Subject to the au- 
 thority of another. An infant who is under 
 the authority of his father or guardian, and 
 a wife under the povjer of her husband, are 
 said to be alieni juris. See "Sui Juris." 
 
 ALIENIGENA (Lat.) One of foreign 
 birth; an alien. 7 Coke, 31. 
 
 ALIENOR. 
 
 alienation. 
 
 He who makes a grant or 
 
 ALIEN US (Lat.) That which belongs to 
 another. 
 
 ALIMENT. 
 
 In Scotch Law. To support; to pro- 
 vide with necessaries. Paterson, Comp. §§ 
 845,,850. 
 
 Maintenance; support; an allowance from 
 the husband's estate for the support of the 
 wife. Paterson, Comp. § 893. 
 
 — ^In Civil Law. Food and other things 
 necessary to the support of life; money al- 
 lowed for the purpose of procuring these. 
 Dig. 50. 16. 43. 
 
 ——In Common Law. To supply with nec- 
 essaries. 3 Edw. Ch. (N. Y.) 194. 
 
 ALIMENTA (Lat.) In the civil law. 
 Aliments; means of support, including food 
 (cibaria), clothing (vestitus), and habita- 
 tion (habitatio) . Dig. 34. 1. 6. 
 
 ALIMONY. Money paid for aliment or 
 support. 
 
 The allowance which a husband, by order 
 of court, pays to his wife, living separate 
 from him, for her maintenance. Bish. Mar. 
 & Div. I 549. 
 
ALIO INTUITU 
 
 48 
 
 ALLEGIANCE 
 
 The term is sometimes restricted to an 
 allowance for a wife's support, made either 
 pending an action for divorce, or after a 
 decree of divorce. 
 
 Alimony pendente lite is that ordered dur- 
 ing the pendency of a suit. 
 
 Permanent alimony is that ordered for 
 the use of the wife after the termination of 
 the suit, during their joint lives, or until 
 the further order of the court. 
 
 ALIO INTUITU (Lat.) Under a different 
 aspect. See "Diverso Intuitu." 
 
 ALIQUID CONCEDITUR NE INJURIA 
 remaneat impunita, quod alias non con- 
 cederetur. Something is conceded lest a 
 wrong should remain unpunished which 
 otherwise would not be conceded. Co. Litt. 
 197. 
 
 ALIQUID POSSESSIONIS ET NIHIL 
 Juris (Law Lat.) Somewhat of possession, 
 and nothing of right (but no right). A 
 phrase used by Bracton to describe that 
 kind of possession which a person might 
 have of a thing as a guardian, creditor, or 
 the like, and also that kind of possession 
 which was granted for a term of years, 
 where nothing could be demanded but the 
 usufruct. Bracton, fols. 39a, 160a. 
 
 ALIQUIS NON DEBET ESSE JUDEX IN 
 propria causa, quia non potest esse judex 
 et pars. A person ought not to be judge 
 in his own cause, because he cannot act 
 both as judge and party. Co. Litt. 141a; 
 Broom, Leg. Max. (3d London Ed.) 112; 
 Litt. § 212; 13 Q. B. 327; 17 Q. B. 1; 15 
 C. B. 769; 1 C. B. (N. S.) 329. 
 
 ALITER (Lat.) Otherwise; otherwise held 
 or decided. 
 
 ALIUD EST CELARE; ALIUD TACERE. 
 
 To conceal is one thing; to be silent an- 
 other. 3 Burrows, 1910. See 2 Wheat. (U. 
 S.) 176; 9 Wheat. (U. S.) 631; 3 Bing. 77; 
 4 Taunt. 851; 2 Car. & P. 341; Broom, Leg. 
 Max. (3d London Ed.) 701. 
 
 ALIUD EST DISTINCTIO; ALIUD SEPA- 
 ratio. Distinction Is one thing; separation 
 another. Bacon's arg. Case of Postnati of 
 Scotland, Works, iv. 351. 
 
 ALIUD EST POSSIDERE; ALIUD ESSE 
 In possesslone. It is one thing to possess; 
 it is another to be in possession. Hob. 163 ; 
 Bracton, 206. 
 
 ALIUD EST VENDERE; ALIUD VEN- 
 denti consentire. To sell is one thing; to 
 give consent to him who sells, another. Dig. 
 50. 17. 160. 
 
 ALIUD EXAMEN (Lat.) A different or 
 foreign mode of trial. 1 Hale, Hist. Com. 
 Laws, 38 (30). 
 
 ALIUNDE (Lat.) From another place. 
 
 will) may be received to explain an am- 
 biguity in a will. 1 Greenl. Ev. § 291. 
 
 ALL FOURS. A metaphorical expres- 
 sion, signifying that a case agrees in all 
 its circumstances with another. 
 
 ALL THE ESTATE. The name given in 
 England to the short clause in a convey- 
 ance or other assurance which purports to 
 convey "all the estate, right, title, interest, 
 claim, and demand" of the grantor, lessor, 
 etc., in the property dealt with. Dav. Pree. 
 Conv. 93. 
 
 ALLEGANS CONTRARIA NON EST 
 audiendus. One making contradictory al- 
 legations is not to be heard. Jenk. Cent. 
 Cas. 16; Broom, Leg. Max. (3d London Ed.) 
 160, 268; 4 Term R. 211; 3 Exch. 446, 527, 
 678; 4 Exch. 187; 11 Exch. 493; 3 El. & Bl. 
 363; 5 El. & Bl. 502; 5 C. B. 195, 886; 10 
 Mass. 163; Coke,, 4th Inst. 279. 
 
 ALLEGANS SUAIVI TURPITUDINEM 
 non est audiendus. One alleging his own 
 infamy is not to be heard. Coke, 4th Inst. 
 299; 2 Johns. Ch. (N. Y.) 339, 350. 
 
 ALLEGARI NON DEBUIT QUOD PRO- 
 batum non relevat. That ought not to be 
 alleged which, if proved, is not relevant. 1 
 Ch. Cas. 45. 
 
 ALLEGATA. A word which the emperors 
 formerly signed at the bottom of their re- 
 scripts and constitutions; under other in- 
 struments they usually wrote signata or 
 testata. Enc. Lond. 
 
 ALLEGATA ET PROBATA (Lat. things 
 alleged and proved). The allegations made 
 by a party to a suit, and the proof adduced 
 in their support. 
 
 ALLEGATIO CONTRA FACTUM NON 
 est admlttenda. An allegation contrary to 
 the deed (or fact) is not admissible. 
 
 ALLEGATION. The assertion, declara- 
 tion, or statement of a party of what he can 
 prove. 
 
 In Ecclesiastical Law. The statement 
 
 of the facts intended to be relied on in sup- 
 port of the contested suit. It is applied 
 either to the libel, or to the answer of the 
 respondent, setting forth new facts, the lat- 
 ter being, however, generally called the de- 
 fensive allegation. See 1 Browne, Civ. Law, 
 472, 473, note. 
 
 ALLEGATION OF FACULTIES. A state- 
 ment made by the wife of the property of 
 her husband, in order to her obtaining ali- 
 mony. 11 Ala. (N. S.) 763; 3 Tex. 168. 
 
 ALLEGIANCE. The tie which binds the 
 citizen to the government, in return for the 
 protection which the government affords 
 him. 
 
 Natural Allegiance. That which results 
 
 Evidence aliunde (t. e., from without the I from the birth of a person within the terri- 
 
ALLEGIARE 
 
 49 
 
 ALLOTMENT SYSTEM 
 
 tory, and under the obedience of the gov- 
 ernment. 2 Kent, Comm. 42. 
 
 Acquired Allegiance. That binding a 
 
 citizen who vras born an alien, but has been 
 naturalized. 
 
 Local Allegiance. That which is due 
 
 from an alien while resident in a country, 
 in return for the protection afforded by the 
 government, 16 Wall. (U. S.) 154. 
 
 ALLEGIARE. To defend and clear one's 
 self; to wage one's own law. 
 
 ALLEGING DIMINUTION. The allega- 
 tion in an appellate court of some error in 
 a subordinate part of the record below. 
 
 ALLEVIARE (Law Lat.) In old records. 
 To levy or pay an accustomed fine or com- 
 position. Cowell. To redeem by such pay- 
 ment. Burrill. 
 
 ALLIANCE (Lat. ad, to, Ugare, to bind). 
 The union or connection of two persons or 
 families by marriage; affinity. 
 
 ——In International Law. A contract, 
 treaty, or league between two sovereigns or 
 states, made to insure their safety and com- 
 mon defense. 
 
 Alliances are defensive, or offensive. 
 
 (1) Defensive alliances are those in 
 which a nation agrees to defend her ally in 
 case she is attacked. 
 
 (2) Offensive alliances are. those in 
 which nations unite for the purpose of mak- 
 ing an attack, or jointly waging the war 
 against another nation. Alliances may be 
 at the same time offensive and defensive; 
 and most offensive alliances are of this char- 
 acter. Vattel, bk. 3, c. 6, § 79; 2 Dall. (Pa.) 
 15. 
 
 ALLISON. Running one vessel against 
 another. To be distinguished from colli- 
 sion, which denotes the running of two ves- 
 sels against each other. The distinction is 
 not very carefully observed, but collision 
 is used to denote cases strictly of allision. 
 
 ALLOCATION. An allowance upon an 
 account in the English exchequer. Cowell. 
 Placing or adding to a thing. Enc. Lond. 
 
 ALLOCATIONE FACIENDA. In English 
 law. A writ directed to the lord treasurer 
 and barons of the exchequer, commanding 
 that an allowance be made to an account- 
 ant for such moneys as he has lawfully 
 expended in his office. 
 
 ALLOCATO COMITATU, In old Eng- 
 lish practice. In proceedings in outlawry, 
 when there were but two county courts 
 holden between the delivery of the writ of 
 exigi facias to the sheriff and its return, a 
 special exigi facias, with an allocato com- 
 itatu issued to the sheriff in order to com- 
 plete the proceedings. Bac. Abr. "Out- 
 lawry." 
 
 ALLOCATUR (Lat. It is allowed). A 
 Latin word formerly used to denote that a 
 writ or order was allowed. 
 
 A word denoting the allowance by a mas- 
 ter or prothonotary of a bill referred for 
 his consideration, whether touching costs, 
 damages, or matter of account. Lee, Diet. 
 
 ALLOCATUR EXIGENT. A writ of exi- 
 gent which issued in a process of outlawry, 
 upon the sheriff's making return to the 
 original exigent that there were not five 
 county courts held between the teste of the 
 orig^inal writ and the return day. 1 Tidd, 
 Prac. 128. 
 
 ALLOCUTUS. In criminal procedure. 
 When a prisoner is convicted on a trial for 
 treason or felony, the court is bound to de- 
 mand of him what he has to say as to why 
 the court should not proceed to judgment 
 against him. This demand is called the 
 "alloeutus," and is entered on the record. 
 Archb. Grim. PI. 173. 
 
 ALLODARII. Those who own allodial 
 lands. 
 
 Those who have as large an estate as a 
 subject can have. Co. Litt. 1; Bac. Abr. 
 "Tenure" (A). 
 
 ALLODIUM (Sax. a, privative, and lode 
 or leude, a vassal; that is, without vassal- 
 age). An estate held by absolute owner- 
 ship, without recognizing any superior to 
 whom any duty is due on account thereof. 
 1 Washb. Real Prop. 16; 9 Cow. (N. Y.) 
 513. 
 
 It is used in opposition to feodum or fief, 
 which means property the use of which was 
 bestowed upon another by the proprietor, 
 on condition that the grantee should per- 
 form certain services for the grantor, and 
 upon the failure of which the property 
 should revert to the original possessor. 
 
 ALLOGRAPH. A document not written 
 by any of the parties thereto; opposed to 
 autograph. 
 
 ALLONGE (Ft.) A piece of paper an- 
 nexed to a bill of exchange or promissory 
 note, on which to write indorsements for 
 which there is no room on the instrument 
 itself. Pardessus, note 343; Story, Prom, 
 Notes, §1 121, 151. 
 
 ALLOTMENT NOTE. In English law. 
 An assignipent by a seaman of future 
 wages. Such assignments are regulated 
 by law as to form and amount, and as to 
 the persons to whom they may be made. 
 Mozley & W. 
 
 ALLOTMENT SYSTEM. A system In 
 force in England, by which the borough 
 sanitary authorities are required to ob- 
 tain, by condemnation, if necessary, lots of 
 land, and to allot them among the laboring 
 classes at a rent charged not to exceed 
 
ALLOTMENT WARDEN 
 
 50 
 
 ALTERNATIM 
 
 what is necessary to protect the public 
 from loss. 
 
 ALLOTMENT WARDEN. By the Eng- 
 lish general inclosure act of 1845 (section 
 108), when an allotment for the laboring 
 poor of a district has been made on an 
 inclosure under the act, the land so allotted 
 is to be under the management of the in- 
 cumbent and church warden of the parish, 
 and two other persons elected by the parish, 
 and they are to be styled "the allotment 
 wardens" of the parish. Sweet. 
 
 ALLOTTEE. One to whom an allotment 
 is made. 
 
 ALLOY, or ALLAY. An inferior metal 
 used with gold and silver in making coin. 
 The amount of alloy to be used is deter- 
 mined by law, and is subject to changes 
 from time to time. 
 
 ALLOYNOUR (Law Fr.) One who con- 
 ceals, steals, or carries off a thing private- 
 ly. Britt. c. 17. 
 
 ALLUVIO MARIS (Lat.) Soil formed by 
 the washing up of earth from the sea. 
 Schultes, Aq. Rights, 138. 
 
 ALLUVION. That increase of the earth 
 on a shore or bank of a river by the force 
 of the water, as by a current or by waves, 
 which is so gradual that no one can judge 
 how much is added at each moment of time. 
 Inst. 1. 2, tit. 1, § 20; 3 Barn. & C. 91; 
 Code Civil Annote, note 556. See "Accre- 
 tion;" "Reliction." 
 
 ALLY. A nation which has entered into 
 an alliance with another nation. 1 Kent, 
 Comm. 69. 
 
 A citizen or subject of one of two or more 
 allied nations. 4 C. Rob. Adm. 251; 6 C. 
 Rob. Adm. 205; 2 Dall. (Pa.) 15; Dane, 
 Abr., Index. 
 
 ALMESFEOH. In Saxon law. Alms fee; 
 alms money. Otherwise called "Peter- 
 pence." Cowell. 
 
 ALMOIGN (Law Ft.) Alms; a tenure of 
 lands by divine service. See "Frankal- 
 moigne." 
 
 ALMOXARIFAZGO. In Spanish law. A 
 general term, signifying both export and 
 import duties, as well as excise. Derived 
 from the Arabic, and said to signify the 
 same as portorium in Latin. Schmidt, Civ. 
 Law, 81, note 2. 
 
 ALMS. Any species of relief bestowed 
 upon the poor. 
 
 That which is given by public authority 
 for the relief of the poor. Shelf. Mortm. 
 802, note x; Hayw. Elect. 263; 1 Doug. 
 Elect. 370; 2 Doug. Elect. 107. 
 
 ALNAGER, or ULNAGER. A public sworn 
 officer of the king, who, by himself or 
 
 his deputy, looks to the assize of woolen 
 cloth made throughout the land, and to the 
 putting on the seals for that purpose or- 
 dained. St. 17 Rich. II. c. 2; Cowell; 
 Blount; Termes de la Ley. 
 
 ALNETUM. A place where alder trees 
 grow. Domesday Book; Cowell; Blount. 
 
 ALODE, ALODES, or ALODIS (Law Lat.) 
 In feudal law. Old forms of alodium or 
 allodium (q. v.) Spelman. 
 
 ALONG. By the length of, as distin- 
 guished from across. 119 111. 225. 
 
 ALSO. Likewise; in like manner; in ad- 
 dition to. 22 111. 375; 189 111. 280; 197 
 111. 565. 
 
 ALT (Law Fr.) In Scotch practice. An 
 abbreviation of alter; the other; the oppo- 
 site party; the defender. 1 Brown, 336, 
 note. 
 
 High. Kelham. 
 
 ALTA PRODITIO. High treason. 
 
 ALTA VIA. The highway. 
 
 ALTARAGE. In ecclesiastical law. Of- 
 ferings made on the altar; ,all profits which 
 accrue to the priest by means of the altar. 
 Ayliffe, Par. 61; 2 Croke, 516. 
 
 ALTERATION. A change in the terms 
 of a contract, made by the agreement of 
 the parties thereto. 
 
 An act done upon an instrument in writ- 
 ting by a party entitled under it, without 
 the consent of the other party, by which its 
 meaning or language is changed. 
 
 The term is properly applied to the 
 change in the language of instruments, and 
 is not used of changes in the contract it- 
 self; and it i^ in strictness to be distin- 
 guished from the act of a stranger in chang- 
 ing the form or language of the instrument, 
 which is called a "spoliation." This latter 
 distinction is not always observed in prac- 
 tice, however. 
 
 ALTERIUS CIRCUMVENTIO ALII NON 
 praebet actionem. Dig. 50. 17. 49. A de- 
 ception practiced upon one person does not 
 give a cause of action to another. 
 
 ALTERNAT. A usage among diploma- 
 tist by which the rank and places of differ- 
 ent powers, who have the same right and 
 pretentions to precedence, are changed from 
 time to time, either in a certain regular or- 
 der, or one determined by lot. In drawing 
 up treaties and conventions, for example, it 
 is the usage of certain powers to alternate, 
 both in the preamble and the signatures, 
 so that each power occupies, in the copy in- 
 tended to be delivered to it, the first place. 
 Wheat. Int. Law, pt. 2, c 3, § 4. 
 
 ALTERNATIM (Law Lat.) Interchange- 
 ably. Litt. § 371; Towns. Pi, 37. i 
 
ALTERNATIVA PETITIO 
 
 51 
 
 AMBIGUITAS VERBORUM 
 
 ALTERNATIVA PETITIO NON EST 
 audienda. An alternative petition Is not to 
 be heard. 5 Coke, 40. 
 
 ALTERNATIVE. Allowing a choice be- 
 tween two or more things or acts to be 
 done. 
 
 In contracts, a party has often the choice 
 which of several things to perform. A 
 writ is in the alternative which commands 
 the defendant to do the thing required, or 
 show the reason wherefore he has not done 
 it. Finch, 257; 3 Bl. Comm. 273. The first 
 mandamus is an alternative writ. 3 Bl. 
 Comm. 111. See "Nisi." 
 
 ALTERNATIVE REMEDY. One of sev- 
 eral remedies between which one must 
 elect. See "Cumulative Remedy." 
 
 ALTERNATIVE WRIT. A writ com- 
 manding the person against whom it is is- 
 sued to do a specified thing, or show cause 
 to the court why he should not be com- 
 pelled to do it. 
 
 ALTERNIS VICIBUS (Law Lat.) By al- 
 ternate turns; at alternate times; alter- 
 nately. Co. Litt. 4a; Shep. Touch. 206. 
 
 ALTERUM NON LAEDERE. Not to in- 
 jure another. One of Justinian's three 
 principles, basis of all law. Inst. 1. 1. See 
 "Honeste Vivere," and "Suam Cuique Tri- 
 buere." 
 
 ALTIUS NON TOLLENDI. In civil law. 
 A servitude by which the owner of a house 
 is restrained from building beyond a cer- 
 tain height. 
 
 ALTIUS TOLLENDI. In civil law. A 
 servitude which consists in the right, to 
 him who is entitled to it, to build his house 
 as high as he may think proper. In general, 
 every one enjoys this privilege, unless he 
 is restrained by some contrary title. 
 
 ALTO ET BASSO. High and low. This 
 phrase is applied to an agreement made be- 
 tween two contending parties to submit all 
 matters in dispute, cdto et basso, to arbitra- 
 tion. Cowell. 
 
 ALTUM MARE, The high sea. 
 
 ALUMNUS. A foster child. 
 
 ALVEUS (Lat.) The bed or channel 
 through which the stream flows when it 
 runs within Its ordinary channel. Calv. 
 Lex. 
 
 Alveus derelictus, a deserted channel. 1 
 Mackeld. Civ. Law, 280. 
 
 AMALPHITAN TABLE. A code of sea 
 laws compiled for the free and trading re- 
 public of Amalphi toward the end of the 
 eleventh century. 3 Kent, Comm. 9. It 
 consists of the laws on maritime subjects 
 which were or had been in force in coun- 
 tries bordering on the Mediterranean, and. 
 
 on account of its being collected into one 
 regular system, it was for a long time re- 
 ceived as authority in those countries. 1 
 Azuni, Mar. Law, 376. 
 
 AMBACTUS (Lat, ambire, to go about). 
 A servant sent about; one whose services 
 his master hired out. Spelman. 
 
 AMBASCIATOR. A person sent about in 
 the service of another; a person sent on a 
 service. A word of frequent occurrence in 
 the writers of the middle ages. Spelman. 
 
 AMBASSADOR. In international law. 
 A public minister sent abroad by some sov- 
 ereign state or prince, with a legal commis- 
 sion and authority to transact business on 
 behalf of his country with the government 
 to which he is sent. 
 
 Ambassadors extraordinary are those em- 
 ployed on particular or extraordinary occa- 
 sions, or residing at a foreign court for an 
 indeterminate period. Vattel, lib. 4, c. 6, 
 §§ 70-79. 
 
 Ambassadors ordinary are those sent on 
 permanent missions. 
 
 An ambassador is a minister of the high- 
 est rank. 
 
 The United States were formerly repre- 
 sented by ministers plenipotentiary, send- 
 ing no person of the rank of an ambassador, 
 in the diplomatic sense. 1 Kent, Comm. 39, 
 note. Ambassadors are now sent by the 
 United States to Japan and the principal 
 nations of Europe and South America. 
 
 AMBIDEXTER (Lat.) Skillful with both 
 hands. 
 
 Applied anciently to an attorney who 
 took pay from both sides, and subsequently 
 to a juror guilty of the same offense. Cowell. 
 
 AMBIGUA RESPONSIO CONTRA PRO- 
 
 ferentem est acclpienda. An ambiguous an- 
 swer is to be taken against the party who 
 offers it. 10 Coke, 58. 
 
 AMBIGUIS CASIBUS SEMPER PRAE- 
 sumitur pro rege. In doubtful cases the 
 presumption is always in favor of the king. 
 Lofft, 248. 
 
 AMBIGUITAS VERBORUM LATENS 
 verlficatione suppletur; nam quod ex facto 
 oritur ambiguum verlficatione fact! tollitur. 
 A latent ambiguity may be supplied by 
 evidence, for an ambiguity which arises 
 out of a fact may be removed by proof of 
 the fact. Bac. Max. reg. 23; 8 Bing. 247. 
 See 1 Powell, Dev. 477; 2 Kent, Comm. 557; 
 Broom, Leg. Max. (3d London Ed.) 541; 13 
 Pet. (U. S.) 97; 8 Johns. (N. Y.) 90; 3 
 Halst. (N. J.) 71. 
 
 AMBIGUITAS VERBORUM PATENS 
 nulla verlficatione excluditur. A patent am- 
 biguity is never holpen by averment. Lofft, 
 249; Bac. Max. 25; Cowen, J., 21 Wend. (N. 
 Y.) 651, 669; 23 Wend. (N. Y.) 71, 78; 
 
AMBIGUITY 
 
 52 
 
 AMERCEMENT 
 
 Story, J., 1 Mason (U. S.) 11; Lipscomb, J., 
 1 Tex. 377, 383. 
 
 AMBIGUITY (Lat. ambiguitas, indistinct- 
 ness; duplicity). Duplicity, indistinctness, 
 or uncertainty of meaning of an expression 
 used in a written instrument. 
 
 The term does not include mere inaccu- 
 racy, or such uncertainty as arises from the 
 use of peculiar words, or of common words 
 ia a peculiar sense (Wigram, Wills, 174; 3 
 Sim. 24; 3 Man. & G. 452; 8 Mete. [Mass.] 
 576; 13 Vt. 36. See 21 Wend. [N. Y.] 651), 
 and intends such expressions as would be 
 found of uncertain meaning by persons of 
 competent skill and information (1 Greenl. 
 Ev. § 298) . 
 
 It has also been confined to duplicity of 
 meaning, and thus distinguished from gen- 
 eral uncertainty. 2 Pars. Cont. 557, note. 
 
 Latent ambiguity is that which arises 
 from some collateral circumstance or ex- 
 trinsic matter in cases where the instru- 
 ment itself is sufficiently certain and in- 
 telligible. 1 Gray (Mass.) 134. 
 
 Patent ambiguity is that which appears 
 on the face of the instrument; that which 
 occurs yrhen the expression of an instru- 
 ment is so defective that a court of law 
 which is obliged to put a construction upon 
 it, placing itself in the situation of the 
 parties, cannot ascertain therefrom the par- 
 ties' intention. 4 Mass. 205; 4 Cranch (U. 
 S.) 167; 1 Greenl. Ev. § 292-300. 
 
 AMBIGUUM PLACITUM INTERPRETARI 
 debet contra proferentem. An ambiguous 
 plea ought to be interpreted against the 
 party pleading it. Co. Litt. 303b; Broom, 
 Leg. Max. (3d London Ed.) 535; Steph. PI. 
 (5th Ed.) 415; Bac. Max. reg. 3; 2 H. BL 
 531; 2 Mees. & W. 444. 
 
 AMBIT. A boundary line. 
 
 AMBITUS (Lat.) A space beside a 
 building, two and a half feet in width, and 
 of the same length as the building; a space 
 two and a half feet in width between two 
 adjacent buildings; the- circuit, or distance 
 around. Calv. Lex. 
 
 AM BRA. In Saxon law. A vessel or 
 measure, the capacity of which is now un- 
 known. Spelman. 
 
 AMBULATORIA EST VOLUNTAS DE- 
 functi usque ad vitae supremum exitum. 
 The will of a deceased person is ambulatory 
 until the last moment of life. Dig. 34. 4. 4; 
 Broom, Leg. Max. (3d London Ed.) 445; 2 
 Bl. Comm. 502; Co. Litt. 322b; 1 Vict. c. 
 26, § 24; 3 El. & Bl. 572; 1 Jarm. Wills (2d 
 Ed.) 11; 1 Mylne & K. 485; 2 Mylne & K. 
 73. 
 
 AMBULATORY (Lat. amhulwre, to walk 
 about). Movable; changeable; that which 
 is not fixed. 
 
 Amhulatoria voluntas (a changeable will) 
 denotes the power which a testator posses- 
 ses of altering his will during his lifetime. 
 
 AMELIORATIONS. Betterments. 6 Low, 
 (U, S.) 294; 9 Low. (U. S.) 508. 
 
 AMENABLE. Responsible; subject to 
 answer in a court of justice; liable to pun- 
 ishment. 
 
 AMENDE HONORABLE. 
 
 In English Law. A penalty imposed 
 
 upon a person by way of disgrace or in- 
 fa,my, as a punishment for aiiy oflfense, or 
 for the purpose of making reparation for 
 any injury done to another, as the walking 
 into church in a white sheet, with a rope 
 about the neck and a torch in the hand, 
 and begging the pardon of God, or the king, 
 or any private individual, for some delin- 
 quency. 
 
 In French Law. A punishment some- 
 what similar to this, and which bore the 
 same name, was common in France. It was 
 abolished by the law of the 25th of Septem- 
 ber, 1791. Merlin, Repert. 
 
 AMENDMENT. 
 
 In Practice. The correction, by al- 
 lowance of the court, of an error commit- 
 ted in the progress of a cause, whether in 
 process, pleading, proceedings, or judgment. 
 It has been held not to include the substi- 
 tution of a new pleading. 31 How. Pr. (N. 
 Y.) 164; but see 4 Daly (N. Y.) 494. 
 
 In Legislation, An alteration or change 
 
 of something proposed in a bill or estab- 
 lished as law. 
 
 AMENDS. A satisfaction given by a wrong- 
 doer to the party injured for a wrong com- 
 mitted. 1 Lilly, Reg. 81. 
 
 By St. 24 Geo. II. c. 44, in England, and 
 by similar statutes in some of the United 
 States, justices of the peace, upon being no- 
 tified of an intended suit against them, may 
 tender amends for the wrong alleged or 
 done by them in their ofl[icial character, 
 and, if found sufficient, the tender debars 
 the action. 5 Serg. & R. (Pa.) 209, 517; 4 
 Bin. (Pa.) 20; 6 Bin. (Pa.) 83, 
 
 AMENTIA, Insanity; idiocy. 
 
 AMERALIUS (Law Lat.) A naval com- 
 mander, under the eastern Roman empire, 
 but not of the highest rank; the origin, ac- 
 cording to Spelman, of the modern title and 
 office of admiral. Spelman. 
 
 AMERCEMENT. In practice. A pecu- 
 niary penalty imposed upon an offender by 
 a judicial tribunal. 
 
 The judgment of the court is that the 
 party be at the mercy of the court (sit in 
 misericordia) , upon which the affeerors — 
 or, in the superior courts, the coroner- 
 liquidate the penalty. As distinguished 
 from a fine, at the old law an amercement 
 was for a lesser offense, might be imposed 
 by a court. not of record, and was for an 
 uncertain amount until it had been affeered, 
 while the amount of a fine was regulated 
 
AMESUREMENT 
 
 63 
 
 AMOUNT OF LOSS 
 
 by statute. Either party to a suit who 
 failed was to be amerced pro clamore falso 
 (for his false claim) , but these amercements 
 have been long since disused. 4 Bl. Comm. 
 379; Bac. Abr. "Fines and Amercements." 
 The officers of the court, and any person 
 who committed a contempt. of court, was 
 also liable to be amerced. 
 
 AMESUREMENT (Law Fr.) In old Eng- 
 lish law. Admeasurement. Britt. c. 58; 
 Reg. Grig. 155, "Regula." 
 
 AMI, or AMY (Fr^ A friend. See "Pro- 
 chein Ami." 
 
 AMICABLE ACTION. In practice. An 
 action entered by agreement of parties on 
 the dockets of the courts. 
 
 AMICABLE COMPOUNDERS. "There 
 are two sorts of arbitrators, — ^the arbitra- 
 tors properly so called, and the amicable 
 compounders. The arbitrators ought to de- 
 termine as judges, agreeably to the strict- 
 ness of law. Amicable compounders are 
 authorized to abate something of the strict- 
 ness of the law in favor of natural equity. 
 Amicable compounders are in other respects 
 subject to the same rules which are provid- 
 ed for the arbitrators by the present title." 
 Civ. Code La. arts. 3109, 3110. 
 
 AMICUS CURIAE (Lat. a friend of the 
 court). One who, for the assistance of the 
 court, gives information of some matter of 
 law in regard to which the court is doubt- 
 ful or mistaken. Coke, 2d Inst. 178; 2 
 Viner, Abr. 475. The information may ex- 
 tend to any matter of which the court takes 
 judicial cognizance. 8 Coke, 15. 
 
 AMITTERE CURIAM (Lat. to lose court). 
 To be excluded from the right to attend 
 court. St. Westminster II. c. 44. 
 
 AMITTERE LIBERAM LEGEM. Lose 
 all rights under the law. 
 
 AMNESTY. An act of oblivion of past 
 offenses, granted by the government to 
 those who have been guilty of any neglect 
 or crime, usually upon condition that they 
 return to their duty within a certain period. 
 
 Express amnesty is one granted in direct 
 terms. 
 
 Implied amnesty is one which results 
 when a treaty of peace is made between 
 contending parties. Vattel, lib. 4, c. 2, 
 §§ 20-22. 
 
 Amnesty and pardon are very different. 
 The former is an act of the sovereign 
 power, the object of which is to efface and 
 to cause to be forgotten a crime or misde- 
 meaner; the latter is an act of the same 
 authority, which exempts the individual on 
 whom it is bestowed from the punishment 
 the law inflicts for the crime he has com- 
 mitted. 7 Pet. (U. S.) 160. Amnesty is the 
 abolition and forgetfulness of the offense; 
 pardon is forgiveness. A pardon is given 
 
 to one who is certainly guilty, or has been 
 convicted; amnesty, to those who may have 
 been so. 
 
 Their effects are also different. That of 
 pardon is the remission of the whole or a 
 part of the punishment awarded by the 
 law, — the conviction remaining unaffected 
 when only a partial pardon is granted. 
 An amnesty, on the contrary, has the ef- 
 fect of destrojring the criminal act, so that 
 it is as if it had not been committed, as far 
 as the public interests ■ are concerned. 
 
 Their application also differs. Pardon is 
 always given to individuals, and properly 
 only after judgment or conviction. Amnesty 
 may be granted either before judgment or 
 afterwards, and it is in general given to 
 whole classes of criminals, or supposed 
 criminals, for the purpose of restoring tran- 
 quility in the state; but sometimes amnes- 
 ties are limited, and certain classes are ex- 
 cluded from their operation. See Phil. (N. 
 C.) 247. 
 
 AMORTISE. To alien lands in mortmain. 
 
 AMORTIZATION. An alienation of lands 
 or tenements in mortmain. 
 
 The reduction of the property of lands or 
 tenements to mortmain. 
 
 As to financial matters, the extinguish- 
 ment of an obligation or liability, generally 
 by means of a sinking fund. 
 
 AMOTION. (Lat. amovere, to remove; to 
 take away). An unlawful taking of per- 
 sonal chattels out of the possession of the 
 owner, or of one who has a special authority 
 in them. 
 
 A turning out the proprietor of an estate 
 in realty before the termination of his es- 
 tate. 3 Bl. Comm. 198, 199. 
 
 ——In Corporations. A removal of an offi- 
 cial agent of a corporation from the station 
 assigned to him before the expiration of the 
 term for which he was appointed. 6 Conn. 
 532. 
 
 The term is distinguished from disfran- 
 chisement, which deprives a member of all 
 rights as a corporator. The term seems 
 in strictness not to apply properly to cases 
 where officers are appointed merely during 
 the will of the corporation, and are super- 
 seded by the choice of a successor, but as 
 commonly used includes such cases. 4 
 Abb. Pr. (N. S.; N. Y.) 192. 
 
 AMOUNT. As applied to money the word 
 amount is S3monymous with "sum." 156 
 111. 337. 
 
 AMOUNT COVERED. In insurance. The 
 amount that is insured, and for which un- 
 derwriters are liable for loss under a policy 
 of insurance. 
 
 AMOUNT OF LOSS. In Insurance. The 
 diminution, destruction, or defeat to the in- 
 sured of the value of, or of the charge 
 upon, the insured object, by the direct conr 
 
AMOVEAS MANUS i 
 
 54 
 
 ANCIENT DEMESNE 
 
 sequence of the operation of the risk insured 
 against, according to its valuefin thte policy, 
 or in contribution for loss, io tat as its 
 value is covered by the insurance/ 2 Phil. 
 Ins. cc. 25-27; 2 Pars. Mar. Law, c. 10, § 1, 
 cc. 11, 12; 9 Cush. (Mass.) ,415; 1 Gray 
 (Mass.) 371; 26 N. H. 389; 31 N. H. 238; 5 
 Duer (N. Y.) 1; 1 Dutch. (N. J.) 506; 6 
 Ohio St. 200; 5 R. I. 426; 2 Md. 217; 7 El. 
 & Bl. 172. 
 
 AMOVEAS MANUS (Lat. that you re- 
 move your hands). After office found, the 
 king was entitled to the things forfeited, 
 either lands or personal property. The rem- 
 edy for a person aggrieved was by "peti- 
 tion," or "monstrans de droit," or "traver- 
 ses," to establish his superior right. There- 
 upon a writ issued, quod manus domini 
 regis amoveantur. 3 Sharswood, Bl. Comm. 
 260. 
 
 AMPARO (Spanish). A document pro- 
 tecting the claimant of land till properly 
 authorized papers can be issued. 1 Tex. 
 790. 
 
 AMPLIATION. 
 
 in Civil Law. A deferring of judg- 
 ment until the cause is further examined. 
 In this case, the judges pronounced the 
 word amplius, or by writing the letters N. 
 L. for nan liquet, signifying that the cause 
 Was not clear. It is very similar to the 
 common-law practice of entering cur. adv. 
 vult in similar cases. 
 
 In French Law. A duplicate of an 
 
 acquittance or other instrument. 
 
 A notary's copy of acts passed before 
 him, delivered to the parties. 
 
 AMPLIUS (Lat.) In the Roman law. 
 More; further; more time. A word which 
 the praetor pronounced in cases where 
 there was any obscurity in a cause, and the 
 judices were uncertain whether to condemn 
 or acquit, by which the case was deferred 
 to a day named. Ad^m, Rom. Ant. 287. 
 
 AMY (Fr.) Friend. See "Prochein Ami." 
 
 AN, JOUR, ET WASTE. See "Year, Day, 
 and Waste." 
 
 ANACRISIS. In the civil law. An in- 
 vestigation of tAith, interrogation of wit- 
 nesses, and inquiry made int,o any fact, 
 especially by torture. 
 
 ANAGRAPH. A register, or inventory. 
 
 ANALOGY. The similitude of relations 
 which exist between things compared. 
 
 ANARCHIST. An anarch; one who ex- 
 cites revolt or promotes disorder in a state. 
 
 ANARCHY. The absence of all political 
 government; by extension, confusion in 
 government. 
 
 A state of society where there is no law 
 or supreme power. 122 111. 253. 
 
 ANATHEMA. In ecclesiastical law. A 
 punishment by which a person is separated 
 from the body of the church, and forbidden 
 all intercourse with the faithful. It differs 
 from excommunication, which simply for- 
 bids the person excommunicated from go- 
 ing into the church and communicating with 
 the faithful. 
 
 ANATOCISM. In civil law. Taking In- 
 terest on interest; receiving compound in- 
 terest. 
 
 ANCESTOR. One who has preceded an- 
 other in a direct line of descent; an as- 
 cendant. 
 
 A former possessor; the person last 
 seised. Termes de la Ley; 2 Sharswood, Bl. 
 Comm. 201. 
 
 In the common law, the word is under^ 
 stood as well of the immediate parents as 
 of those that are higher; as may appear by 
 St. 25 Edw. III., De natis ultra mare, and 
 by St. 6 Rich. II. c. 6, and by many others. 
 But the civilians' relations in the ascend- 
 ing line, up to the great-grandfather's pa- 
 rents, and those above them, they term 
 majores, which common lawyers aptly ex- 
 pound antecessors, or ancestors, for in the 
 descendants ' of like degree they are called 
 posteriores. Gary, Litt. 45. The term "an- 
 cestor" is applied to natural persons. The 
 words "predecessors" and "successors" are 
 used in respect to the persons composing a 
 body corporate. See 2 Bl. Comm. 209; Bac. 
 Abr.; Ayliffe, Pand. 58; Reeve, Descents. 
 
 ANCESTRAL. What relates to or has 
 been done by one's ancestors; as homage 
 ancestral, and the like. 
 
 That which belonged* to one's ancestors. 
 
 Ancestral estates are such as come to the 
 possessor by descent. 2 Washb. Real Prop. 
 411, 412.- 
 
 ANCHOR, or ANKER. A measure contain- 
 ing ten gallons. 
 
 ANCHOR WATCH. The lookout required 
 to be kept on the deck of a vessel riding at 
 anchor. See 102 U. S. 200; 29 Fed. 601. 
 
 ANCHORAGE. A toll paid for every 
 anchor cast from a ship in a port. 
 
 ANCIENT DEED. A deed which, by rea- 
 son of its age, is presumed to be authentic, 
 and hence admissible in evidence without 
 direct proof of its execution. 
 
 It must be at least thirty years old, be 
 found in proper custody and possession un- 
 der it must be shown or some other cor- 
 roborative evidence, freeing it from aU just 
 grounds of suspicion. 117 U. S. 255. 
 
 ANCIENT DEMESNE. Manors which, in 
 the time of William the Conqueror, were in 
 the hands of the crown, and are so recorded 
 in the Domesday Book. Fitzh. Nat. Brev. 
 14, 56. 
 
ANCIENT SOUSE 
 
 55 
 
 angliae jura 
 
 Tenure in ancient demesne may be plead- 
 ed in abatement to an action of ejectment. 
 2 Burrows, 1046, 
 
 Tenants of this class had many privileges. 
 2 Sharswood, Bl. Comm. 99. 
 
 ANCIENT HOUSE. One which has stood 
 long enough to acquire an easement of sup- 
 port. 3 Kent, Comm. 437; 2 Washb. Real 
 Prop. 74, 76. See "Eastment." 
 
 ANCIENT LIGHTS. Windows or open- 
 ings which have remained in the same place 
 and condition twenty years or more. 5 Har. 
 & J. (Md.) 477; 12 Mass. 157, 220. 
 
 In England. A right to unobstructed 
 
 light and air through such openings is se- 
 cured by mere user. 
 
 In the United States. Such right Is 
 
 not acquired without an express grant, in 
 most of the states. 2 Washb. Real Prop. 
 62, 63; 3 Kent, Comm. 446, note. See 11 
 Md. 1. See "Air." 
 
 ANCIENT READINGS. Essays on the 
 early English statutes. Co. Litt. 280. 
 
 ANCIENT RENT. The rent reserved at 
 the time the lease was made, if the build- 
 ing was not then under lease. 2 Yern. 542. 
 
 ANCIENT SERJEANT. In English law. 
 The eldest of the queen's Serjeants. 
 
 Serjeants were distinguished as ancient 
 and puisne. 
 
 ANCIENT WRITINGS. Deeds, wills, and 
 other writings, more than thirty years old. 
 
 ANCIENTS. Gentlemen in the Inns of 
 Courts who are of a certain standing. 
 
 In the Middle , Temple, all who have 
 passed their readings are termed "ancients." 
 In Gray's Inn, the ancients are the oldest 
 barristers; besides which, the society con- 
 sists of benchers, barristers, and students. 
 In the Inns of Chancery, it consists of an- 
 cients and students or clerks. 
 
 ANCIENTRY. Eldership; seniority. Used 
 in St. Ir. 14 Hen. VIII. Cowell. 
 
 ANCILLARY (Lat. ancilla, a handmaid). 
 Auxiliary; subordinate. 
 
 ANCILLARY ADMINISTRATION. See 
 
 "Administration." 
 
 ANCIPITIS USUS (Lat) Useful for va- 
 rious purposes. 
 
 As it is impossible to ascertain the final 
 use of an article ancipitis usus, it is not an 
 injurious rule which deduces the final use 
 from its immediate destination. 1 Kent, 
 Comm. 140. 
 
 AND. While a copulative conjunction 
 signifying a continuation of what has gone 
 before or in addition to, it may, in a statute, 
 be 'construed as "or" where necessary to 
 effectuate the plain intent of the legislature 
 or where the context requires it. 
 
 AND ROC HI A. In old English law. A 
 dairy woman. Fleta, lib. 2, c. 87. 
 
 ANDROGYNOUS. Hermaphrodltlcal. 
 
 . ANDROGYNUS, or ANDROGYNE. An 
 hermaphrodite. Johnson. 
 
 ANDROLEPSY. The taking by one na- 
 tion of the citizens or subjects of another, 
 in order to compel the latter to do justice 
 to the former. Wolff. Inst. § 1164; MoUoy 
 de Jur. Mar. 26. 
 
 ANECIUS, AESNECIUS, ENTITIUS, AEN- 
 eas, or eneyus (Lat.) The eldest born; the 
 first born; senior, as contrasted with the 
 puisne (younger). Spelman, "Aesnecia." 
 
 ANGARIA. 
 
 In Roman Law. A service or punish- 
 ment exacted by government. They were 
 of six kinds, viz., maintaining a post sta- 
 tion where horses are changed; furnishing 
 horses or carts; burdens imposed on lands 
 or persons; disturbance, injury, anxiety of 
 mind; the three or four day periods of 
 fasting observed during the year; saddles 
 or yokes borne by criminals from county 
 to county, as a disgraceful mode of pun- 
 ishment among the Germans or Franks. 
 Du Cange. 
 
 In Feudal Law. Any troublesome or 
 
 vexatious personal service paid by the ten- 
 ant to his lord. Spelman. 
 
 ANGEL. An ancient English coin, of the 
 value of ten shillings sterling. Jacob. 
 
 ANGILD, ANGYLDE, or ANGELD (Sax. 
 from an, one, and gild, a payment or satis- 
 faction). The single value of a man or 
 other thing; the compensation for a thing 
 according to its single value or estimation." 
 See "Trigild;" Spelman. The rate fixed by 
 law at which injuries to person or property 
 were to be paid for. Also the fixed price at 
 which cattle and other goods were received 
 as currency. Wharton. 
 
 ANGLESCHERIA. In old English law. 
 Englishery; the fact of being an English- 
 man. Pleta, lib. 1, c. 30; Bracton uses 
 "Englesheria" (fol. 135). 
 
 Under Canute and William the Conquerer, 
 for the protection of their subjects from as- 
 sassination, a heavier fine was imposed on 
 the vill or hundred for the killing of a Dane 
 or Norman than for the killing of a native. 
 It was an object, therefore, for the hundred 
 to prove Anglescheria to relieve itself from 
 the added penalty. Anglescheria was abol- 
 ished by St. 14 Edw, III. c. 4. 4 Bl. Comm. 
 195. 
 
 ANGLIAE JURA IN OMNI CASU LIBER- 
 tati dant favorem. The laws of England are 
 favorable in every ease to liberty. Halk. 
 Max. 12. 
 
ANGLICE 
 
 56 
 
 ANIMUS HOMlNiS 
 
 ANGLICE. In English. A term tOTvaer- 
 ly used in pleading when a thing is de- 
 scribed both in Latin and English, inserted 
 immediately after the Latin, and as an in- 
 troduction of the English translation. 
 
 ANGYLDE. See "Angild." . 
 
 ANHLOTE (Saxon). The sense is that 
 every one should pay, according to the cus- 
 tom of the country, his respective part and 
 share. Spelman. 
 
 ANIENS, or ANIENT. Void; ot no force. 
 Fitzh. Nat. Brev. 214. 
 
 ANIMAL. Any animate being which is 
 not human, endowed with the power of vol- 
 untary motion. 
 
 Domitae are those which have been tamed 
 by man; domestic. 
 
 Ferae naturae are those which still retain 
 their wild nature. 
 
 Mansuetae naturae, those which are tame 
 by nature. 
 
 ANIMALIA FERA, SI FACTA SINT 
 mansueta et ex consuetudine eunt et redeunt, 
 volant et revolant, ut cervl, cygni, etc., eo 
 usque nostra sunt, et Ita intelllguntur quam- 
 dlu habuerunt animum revertendi. Wild 
 animals, if they be made tame, and are ac- 
 customed to go out and return, fly away 
 and fly back, as stags, swans, etc., are con- 
 sidered to belong to us so long as they have 
 the intention of returning to us. 7 Coke, 16. 
 
 ANIMALS OF A BASE NATURE. Those 
 animals which, '■hough they may be re- 
 claimed, are not such that at common law 
 a larceny may be committed of them, by 
 reason of the baseness of their natui'e. Some 
 animals which are now usually tamed come 
 within this class, as dogs and cats; and 
 others which, though wild by nature, and 
 often reclaimed by art and industry, clearly 
 fall within the same rule, as bears, foxes, 
 apes, monkeys, ferrets, and the like. Coke, 
 3d Inst. 109; 1 Hale, P. C. 511, 512; 1 Hawk. 
 P. C. 33, § 36; 4 Bl. Comm. 236; 2 East, P. 
 C. 614. See 1 Wm. Saund. 84, note 2. 
 
 AN I MO (Lat.) With intention. 
 
 Animo is used in combination in the same 
 manner as animus (q. v.) Thus, animo fu- 
 randi, with intent to steal, etc. 
 
 ANIMO ET CORPORE (Lat.) By the mind 
 and by the body; by intent and act. 
 
 ANIMUS (Lat. mind). The intention with 
 which an act is done. 
 
 ——Animus Cancellandl. An intention to 
 destroy or cancel. Se^ "Cancellation." 
 
 Animus Capiendl. The intention to 
 
 take. 4 C. Rob. Adm. 126, 155. 
 
 Animus Dedicandl. The intention of 
 
 donating or dedicating. 
 
 -^Animus Defamandl. The intention of ^ 
 defaming. 
 
 Animus Derellnquendl. The inten- 
 tion of abandoning. 4 C. Rob. Adm. 216. 
 
 Animus Differendi. The intention of 
 
 delaying. 
 
 Animus Donandl. The intention of 
 
 giving. 
 
 Animus Felonlco. Felonious intent. 
 
 Animus Furandi. The intention to 
 
 steal. 
 
 In order to constitute larceny, the thief 
 must take the property animo furandi; but 
 this is expressed in the definition of lar- 
 ceny by the word "felonious." 3 Inst. 107; 
 Hale, P. C. 503; 4 Bl. Comm. 229. See 2 
 Russ. Crimes, 96; 2 Tyl. Comm. 272. When 
 the taking of property is lawful, although it 
 may afterwards be converted animo furandi 
 to the taker's use, it is not larceny. Bac. 
 Abr. "Felony" (C) ; 14 Johns. (N. Y.) 294; 
 Ryan & M. 137, 160; Principles of Penal 
 Law, c. 22, I 3, pp. 279, 281. 
 
 Animus Lucandi. The intent to gain 
 
 a profit. 3 Kent, Comm. 357. 
 
 — Animus Manendi. The intention of 
 remaining. 
 
 To acquire a domicile, the party must 
 have his abode in one place, with the in- 
 tention of remaining there; for, without 
 such intention, no new domicile can be 
 gained, and the old will not be lost. See 
 "Domicile." 
 
 Animus Morandl. The Intention to re- 
 main, or to delay. 
 
 Animus Possidendi. The Intention of 
 
 possessing. 
 
 Animus Quo. The intent with which. 
 
 Animus Recipiendi. The Intention of 
 
 receiving. 
 
 A man will acquire no title to a thing un- 
 less he possesses it with an intention of 
 receiving it for himself: as, if a thing be 
 bailed to a man, he acquires no title. 
 
 ——Animus Recuperandi. The intention 
 of recovering. Locc. de Jur. Mar. lib. 2, o. 
 4, § 10. 
 
 Animus Republlcandl. The intention 
 
 to republish. 
 
 Animus Restltuendl. The intention of 
 
 restoring. 
 
 Animus Revertendi. The intention of 
 
 returning. 
 
 A man retains his domicile if he leaves 
 it animo revertendi. 3 Rawle (Pa.) 312; 4 
 Bl. Comm. 225; 2 Russ. Crimes, 18; Poph. 
 42, 52; 4 Coke, 40. See "Domicile." 
 
 ■^^Animus Testandi. An intention to 
 make a testament or will. 
 
 This is required to make a valid will; 
 for, whatever form may have been adopted, 
 if there was no animus testandi, there can 
 be no will. An idiot, for example, can make 
 no will, because he can have no intention. 
 
 ANIMUS AD SE OMNE JUS DICIT. It 
 
 is to the intention that all law applies. 
 
 ANIMUS HOMINIS EST ANIMA SCRIP- 
 tl. The Intention of the party is the soul ot 
 the instrument 3 Bulst. 67; Pitman, Prin. 
 & Sur. 26. 
 
ANN or ANNAT 
 
 57 
 
 ANNUAL RENT 
 
 ANN, or ANNAT. In Scotch Law. Half a 
 year's stipend, over and above what is owing 
 for the incumbency, due to a minister's re- 
 lict, or child, or next of kin, after his de- 
 cease. Whishaw; Bell, Diet. See Ersk. 
 Inst. bk. 2, tit. 10, §§ 65-67. 
 
 ANNALES (Lat.) Annuals; a title for- 
 merly given to the Year Books. 9 London, 
 Leg. Obs. 323. 
 
 In Old Records. Yearlings; cattle of 
 
 the first year. Cowell. 
 
 ANNALY. In Scotch law. To alienate; 
 to convey. 
 
 ANNATES. In ecclesiastical law. First 
 fruits paid out of spiritual benefices to the 
 pope, being the value of one year's profit. 
 
 ANNEXATION (Lat. ad, to, nexwre, to 
 bind). The union of one thing to another. 
 
 It conveys the idea, properly, of fastening 
 a smaller thing to a larger; an incident to 
 a principal. It has been applied to denote 
 the union of Texas to the United States. 
 
 Actual annexation includes every move- 
 ment by which a chattel can be joined or 
 united to the freehold. 
 
 Constructive annexation is the union of 
 such things as have been holden parcel of 
 the realty, but which are not actually an- 
 nexed, fixed, or fastened to the freehold. 
 Shep. Touch. 469; Amos & F. Fixt. 2. See 
 "Fixtures." 
 
 ANNI ET TEMPORA (Lat.) Years and 
 terms. An old title of the Year Books. 9 
 London, Leg. Obs. 323. 
 
 ANNI NUBILES. (Lat. marriageable 
 years) . The age at which a girl becomes by 
 law fit for marriage; the age of twelve. 
 
 ANNICULUS (Lat.) A child a year old. 
 Calv. Lex. 
 
 ANNICULUS TRECENTESIMO SEXA- 
 gesimo quinto die dicitur, Inclpiente plane 
 non exacto die, quia annum civiliter non 
 ad momenta temporum sed ad dies nu- 
 meramur. We call a child a year old on 
 the three hundred and sixty-fifth day, when 
 the day is fairly begun, but not ended, be- 
 cause we calculate the civil year not by mo- 
 ments, but by days. Dig. 50. 16. 134; Id. 
 132; Calv. Lex. 
 
 ANNIENTED (Fr. aneantir). Abrogated, 
 or made null. Litt. § 741. 
 
 ANNO DOiVIINI (Lat. the year of qjir 
 Lord; abbreviated A. D.) The computa- 
 tion of time from the Incarnation of Jesus 
 Christ. 
 
 The Jews began their computation of 
 time from the creation; the Romans, from 
 the building of Rome; the Mohammedans, 
 from the Hegira, or flight of the prophet; 
 the Greeks reckoned by Olympiads; but 
 Christians everywhere reckon from the 
 birth of Jesus Christ. 
 
 In a complaint, the year of the alleged of- 
 fense may be stated by means of the letters 
 "A. D.," followed by words expressing the 
 year. 4 Cush. (Mass.) 596. But an indict- 
 ment or complaint which states the year 
 of the commission of the oflfense in figures 
 only, without prefixing the letters "A. D.," 
 is insufficient. 5 Gray (Mass.) 91. The 
 letters "A. D.," followed by figures express- 
 ing the year, have been held sufficient in 
 several states. 3 Vt. 481; 1 G. Greene 
 (Iowa) 418; 35 Me. 489; 1 Bennett & H. 
 Lead. Cr. Cas. 512. 
 
 AN NONA (Lat.) Barley; corn; grain; 
 a yearly contribution of food, of various 
 kinds, for, support. 
 
 Annona porcum, acorns; annona frumen^ 
 turn hordeo admixtum, com and barley 
 mixed; annona pants, bread, without refer- 
 ence to the amount. Du Cange; Spelman; 
 Cowell. 
 
 The term is used in the old English law, 
 and also in the civil law quite generally, to 
 denote anything contributed by one person 
 towards the support of another; as, si quis 
 mancipio annonam dederit, if any shall have 
 given food to a slave. Du Cange; Spelman. 
 
 ANNONAE CIVILES. Yearly rents Issu- 
 ing out of certain lands, and payable to 
 monasteries. 
 
 ANNOTATION. In civil law. 
 
 (1) The answers of the prince to ques- 
 tions put to him by private persons respect- 
 ing some doubtful point of law. See "Re- 
 script." 
 
 (2) Summoning an absentee. Dig. 1. 5. 
 
 (3) The designation of a place of depor- 
 tation. Dig. 32. 1. 3. 
 
 ANNOUNCEMENT. The act of announc- 
 ing or giving public notice; that which an- 
 nounces; proclamation; publication. 170 III. 
 634. 
 
 ANNUA NEC DEBITUM JUDEX NON 
 separat ipse. Even the judge divides not an- 
 nuities or debt. 8 Coke, 52. See Story, 
 Eq. Jur. §§ 480, 517; 1 Salk. 36, 65. 
 
 ANNUA PENSIONE. 
 Pensione." 
 
 See "De Annua 
 
 ANNUAL ASSAY. An annual trial of the 
 gold and silver coin of the United States, 
 to ascertain whether the standard fineness 
 and weight of the coinage is maintained. 
 
 ANNUAL PENSION. In Scotch law. An- 
 nual rent or profit. 
 
 ANNUAL RENT. In Scotch law. Inter- 
 est. 
 
 To avoid the law against taking interest, 
 a yearly rent was purchased, hence the term 
 came to signify interest. Bell, Diet.; Pater- 
 son, Comp. §§ 19, 265. 
 
ANNUITIES OF TIENDS 
 
 58 
 
 ANTE LITEM MOTAM 
 
 ANNUITIES OF TIENDS. In Scotch law. 
 Annuities of tithes. 
 
 The yearly tax or allowance to the crown 
 on tithes not set apart for pious uses. 
 
 ANNUITY (Lat. annuus, yearly). A year- 
 ly sum stipulated to be paid to another in 
 fee, or for life, or years, and chargeable 
 only on the person of the grantor. Co. 
 Litt. 144b; 2 Bl. Comm. 40; Lumley, Ann. 
 1; 5 Mart. (La.) 312; Dav. Ir. 14. 
 
 An annuity is different from a rent 
 charge, with which it is sometimes con- 
 founded, — ^the annuity being chargeable on 
 the person merely, and so far personalty, 
 while a rent charge is something reserved 
 out of realty, or fixed as a burden upon 
 the estate in land. 2 Sharswood, Bl. Comm. 
 40; RoUe, Abr. 226; 10 Watts (Pa.) 127. 
 An annuity in fee is said to be a personal 
 fee; for, though transmissible, as is real 
 estate of inheritance (Amb. 782), liable to 
 forfeiture as a hereditament (7 Coke, 34a), 
 and not constituting assets in the hands of 
 an executor, it lacks some other characteris- 
 tics of realty. The husband is not entitled 
 to curtesy, nor the wife to dower, in an an- 
 nuity. Co. Litt. 32a. It cannot be conveyed 
 by way of use (2 Wils. 224) , is not within 
 the statute of frauds, and may be be- 
 queathed and assigned as personal estate (2 
 Ves. Sr. 70; 4 Barn. & A. 59; Roscoe, Real 
 Actions, 35, 68; 3 Kent, Comm. 460). 
 
 ANNUITY TAX. An impost levied an- 
 nually in Scotland for the maintenance of 
 the ministers of religion. Abolished 33 & 
 34 Vict. c. 87. 
 
 ANNULUS (Lat.) In old English law. 
 A ring; the ring of a door. Per haspam vel 
 annulum hostii exterioris, by the hasp or 
 ring of the outer door. Fleta, lib. 3, c. 15, 
 § 5. 
 
 ANNULUS ET BACULUS (Lat. ring and 
 staff). The investiture of a bishop was -per 
 annulum et haculum, by the prince's deliver- 
 ing to the prelate a ring and pastoral staff, 
 or crozier. 1 Sharswood, Bl. Comm. 378; 
 Spelman. 
 
 ANNUM, DIEM, ET VASTUM. See "Year, 
 Day, and Waste." 
 
 ANNUS (Lat.) In civil law and old English 
 law. A year; the period of three hundred 
 and sixty-five days. Dig. 40. 7. 4. 5; Brac- 
 ton, fol. 359. See "Year." 
 
 ANNUS DELIBERANDI (Lat.) In Scotch 
 law. A year of deliberating; a year to de- 
 liberate. The year allowed by law to the 
 heir to deliberate whether he will enter 
 and represent his ancestor. It commences 
 on the death of the ancestor, unless in the 
 case of a posthumous heir, when the year 
 runs from his birth. Bell, Diet. 
 
 ANNUS, DIES ET VASTUM. See "Year, 
 Day, and Waste." 
 
 ANNUS EST MORA MOTUS QUO SUUM 
 planeta pervolat circulum; A year is the 
 duration of the motion by which a planet 
 revolves through its orbit. Dig. 40. 7. 4. 
 5; Calv. Lex.; Bracton, 359b. 
 
 ANNUS LUCTUS (Lat.) The year of 
 mourning. Code, 5. 9. 2. 
 
 It was a rule among the Romans, and also 
 the Danes and Saxons, that the widows 
 should not marry infra annum luctus (with- 
 in the year of mourning). 1 Sharswood, 
 Bl. Comm. 457. 
 
 ANNUS UTILIS. A year made up of 
 available or serviceable days. Brissonius; 
 Calv. Lex. 
 
 ANNUUS REDITUS (or REDDITUS). A 
 
 yearly rent; annuity. 2 Sharswood, Bl. 
 Comm. 41; Reg. Orig. 158b. 
 
 ANONYMOUS. Without name. Books 
 published without the name of the author 
 are said to be anonymous. Cases in the 
 reports of which the names of the parties 
 are not given are said to be anonymous. 
 
 ANSEL, ANSUL, or AUNCEL. In old 
 
 English law. An ancient mode of weighing 
 by hanging scales or hooks at either end 
 of a beam or staff, which, being lifted with 
 one's finger or hand by the middle, showed 
 the equality or difference between the 
 weight at one end and the thing weighed 
 at the other. Termes de la Ley, 66. 
 
 ANSWER. 
 
 — —In Equity Pleading. A defense in 
 writing, made by a defendant to the charges 
 contained in a bill or information filed by 
 the plaintiff against him in a court of 
 equity. 
 
 In Code Pleading. The defendant's 
 
 pleading in any civil action. 
 
 In Practice. The statement of a wit- 
 ness in response to a question. 
 
 ANTAPOCHA (Lat.) An instrument by 
 which the debtor acknowledges the debt 
 due the creditor, and binds himself. A copy 
 of the apooha, signed by the debtor, and de- 
 livered to the creditor. Calv. Lex. 
 
 ANTE EXHIBITIONEM BILLAE. Before 
 the exhibition of the bill; before suit be- 
 gun. 
 
 ANTE FACTUM, or ANTE GE8TUM. 
 Done before. A Roman law term for a pre- 
 vious act, or thing done before. 
 
 ANTE JURAMENTUM, or JURAMEN- 
 tum calumnlae (Lat.) The oath formerly 
 required of the parties previous to a suit, — 
 of the plaintiff that he would prosecute, 
 and of the defendant that he was innocent. 
 Jacob; Whishaw. 
 
 ANTE LITEM MOTAM. Before suit 
 brought. 
 
ANTECESSOR 
 
 69 
 
 APEX JURIS 
 
 ANTECESSOR. An ancestor (g. v.) 
 
 ANTEDATE. To put a date to an In- 
 strument of a time before the time it was 
 written. 
 
 ANTENATI (Lat. bom before). Those 
 bbrn in a country before a change in its 
 political condition such as to affect their 
 allegiance. 
 
 The correlative term is postnati. 
 
 —In the United States. It ordinarily 
 denotes those born in this country prior to 
 the Declaration of Independence. See 7 
 Wheat. (U. S.) 535. 
 
 In England, It ordinarily denotes 
 
 those born before the union with Scotland. 
 
 ANTENUPTIAL. Before marriage; be- 
 fore marriage, with a view to entering in- 
 to marriage. 
 
 ANTI MANIFESTO. The declaration of 
 the reasons which one of the belligerents 
 publishes, to show that the war as to him 
 is defensive. Wolffius, § 1187. 
 
 ANTICHRESIS (Lat.) In civil law. An 
 agreement by which the debtor gives to the 
 creditor the income from the property which 
 he has pledged, in lieu of the interest on 
 his debt. Guyot, Rep. Univ. 
 
 It is analogous to the Welsh mortgage of 
 the common law. In the French law, if the 
 income was more than the interest, the 
 debtor was entitled to demand an account 
 of the income, and might claim any excess. 
 Civ. Code La. art. 2085. See Dig. 20. 1. 11; 
 Id. 13. 7. 1; Code, 8. 28, 1; 11 Pet. (U. S.) 
 351; 1 Kent, Comm. 137. 
 
 ANTICIPATION (Lat. ante, before, capere, 
 to take). The act of doing or taking a 
 thing before its proper time. 
 
 In deeds of trust there is frequently a 
 provision that the income of the estate shall 
 be paid by the trustee as it shall accrue, and 
 not by way of anticipation. A payment 
 made contrary to such provision would not 
 be considered as a discharge of the trustee. 
 
 ANTIGRAPH. A copy. 
 
 ANTIGRAPHUS. In the Roman law. 
 An officer whose duty it was to keep an 
 eye over the money which the tax gatherers 
 collected for the use of the state. 
 
 A controller or supervisor of public mon- 
 eys. 
 
 ANTINOMIA. In Roman law. A real or 
 apparent contradiction or inconsistency in 
 the Jaws. Merlin, Repert. 
 
 It is sometimes used as an English word, 
 and spelled "Antinomy." 
 
 ANTIQUA CUSTUMA (Law Lat. ancient 
 custom). The duty due upon wool, wool- 
 fells, and leather, under St. 3 Edw. I. 
 
 The distinction between anUqua and nova 
 custuma arose upon the imposition of a 
 
 new and Increased duty upon the same ar- 
 ticles, by the king, in the twenty-second 
 year of his reign. Bac. Abr. "Smuggling" 
 (CI). 
 
 ANTIQUA STATUTA. English statutes 
 from the time of Richard I. to Edward III. 
 
 ANTIQUARE. In the Roman law. To 
 restore a former law or practice; to re- 
 ject or vote against a new law; to prefer 
 the old law. Those who voted against a 
 proposed law wrote on their ballots the let- 
 ter "A," the initial of antiquo, I am for the 
 old law. Calv. Lex. 
 
 ANTIQUUM DOMINICUM. In old Eng- 
 lish law. Ancient demesne, contrasted with 
 novum perquiaitum, new purchase or ac- 
 quest. Fleta, lib. 2, c. 71, § 15. 
 
 ANTITHETARIUS. In old English law. 
 A man who endeavors to discharge himself 
 of the crime of which he is accused, by re- 
 torting the charge on the accuser. He dif- 
 fers from an approver in this, that the lat- 
 ter does not charge the accuser, but others. 
 Jacob. 
 
 ANTRUSTIO, or AMTRUSTIO. In early 
 feudal law. A confidential vassal. A term 
 applied to the followers of the ancient Ger- 
 man chiefs, and of the kings and counts of 
 the Franks. Spelman. 
 
 ANUELS LIVRES (Law Fr.) The Year 
 Books (q. V.) Kelham. 
 
 ANY. Same; an indefinite number or 
 quantity. 134 111. 179. It may be used as 
 synonymous with "all" or "every." 187 111. 
 134. 
 
 APANGE. In French law. A portion 
 set apart for the use and support of the 
 younger ones, upon condition, however, that 
 it should revert, upon failure of male issue, 
 to his original donor and his heirs. Spel- 
 man. 
 
 APARTMENT. A part of a house occu- 
 pied by a person, while the rest is occupied 
 by another, or others. 7 Man. & G. 95; 6 
 Mod. 214_; Woodfall, Landl. & Ten. 178. As 
 to what is not an apartment, see 10 Pick. 
 (Mass.) 293. 
 
 APATISATIO. An agreement or com- 
 part. Du Cange. 
 
 APERTA BREVIA. Open, unsealed writs. 
 
 APERTUM FACTUM. An overt act. 
 
 APERTURA TESTAMENTI. A form of 
 proving a will, in the civil law, by the wit- 
 nesses acknowledging before a magistrate 
 their having sealed it. 1 Williams, Ex'rs, 
 329. 
 
 APEX JURIS (Lat. the summit of the 
 law) . A rule of law of extreme refinement. 
 A term used to denote a stricter application 
 
APICES JURIS NON SUNT JURA 
 
 60 
 
 APPARITIO 
 
 of the rules of law than is indicated by the 
 phrase awmmMTO Jits. 2 Caines (N. Y.) 117; 
 2 Story (U. S.) 143; 5 Conn. 334; 2 Pars. 
 Notes & Bills, c. 25, § 11. See, also, Co. 
 Litt. 3046; Wingate, Max. 19. 
 
 APICES JURIS NON SUNT JURA. Legal 
 niceties are not laws. Co. Litt. 304; 3 
 Scott, 773; 10 Coke, 126; Broom, Leg. Max. 
 142. See "Apex Juris." 
 
 APICES LITIGANDI (Lat.) Subtleties of 
 law; extreme technicalities. 
 
 APOCAE (Lat.) A writing acknowledg- 
 ing payments; acquittance. 
 
 It differs from "acceptilation" in this, that 
 acceptilation imports a complete discharge 
 of the former obligation, whether payment 
 be made or not; apocha, discharge only up- 
 on payment being made. Calv. Lex. 
 
 APOCHAE ONERATORIAE (Law Lat.) 
 In old commercial law. Bills of lading 
 Casaregis, disc. 1, note 111; Id. disc. 10, 
 note 25; Id. disc. 25, note 6. 
 
 APOCRISARIUS (Lat.) In civil law. A 
 messenger; an ambassador. 
 
 Applied to legates or messengers, as they 
 carried the messages of their principals. 
 They performed several duties distinct in 
 character, but generally pertaining to eccle- 
 siastical affairs. 
 
 A messenger sent to transact eccelesias- 
 tical business, and report to his superior; 
 an officer who had charge of the treasury 
 of a monastic edifice; an officer who took 
 charge of opening and closing the doors. 
 Du Cange; Spelman; Calv. Lex. 
 
 Apocrisarius cancellarms, an officer who 
 took charge of the royal seal, and signed 
 royal despatches. 
 
 Called, also, secretarius eonsiliarius (from 
 his giving advice) ; referendcmus; a con- 
 siliis (from his acting as counsellor) ; a re- 
 sponsis, or responsalis. 
 
 APOGRAPH A. In civil law. An exami- 
 nation and enumeration of things possessed; 
 an inventory. Calv. Lex. 
 
 APOSTASY. The total renunciation of 
 Christianity, by embracing either a false 
 .religion, or no religion at all. This offense 
 can only take place in such as have once 
 professed Christianity. 4 Bl. Comm. 43. 
 
 APOSTATA. In civil and old English law. 
 An apostate. Code, 1. 7; Reg. Orig. 71b. 
 
 APOSTATA CAPIENDO. An obsolete 
 English writ which issued against an apos- 
 tate, or one who had violated the rules of 
 his religious order. It was addressed to 
 the sheriff, and commanded him to deliver 
 the defendant into the custody of the abbot 
 or prior. Reg. Orig. 71, 267; Jacob; Whar- 
 ton. 
 
 AP08TILLE, or AP'POSTILLE (Law Fr.) 
 An addition; note or observation. Kelham. 
 A marginal note. Rich. Diet. 
 
 APOSTLES. Brief letters of dismissal 
 granted to a party who takes an appeal 
 from the decision of an English court of 
 admiralty, stating the case, and declaring 
 that the record will be transmitted. 2 
 Brown, Civ. & Adm. Law, 438; Dig. 49. 6. 
 
 This term was used in the civil law. It 
 is derived from apostolis, a Greek word, 
 which signifies "one sent," because the 
 judge from whose sentence an appeal . was 
 made sent to the superior judge these let- 
 ters of dismission, or apostles. Merlin, 
 Report, mot "Apotres;" 1 Pars. Mar. Law, 
 745; 1 Blatchf. (U. S.) 663. 
 
 APOSTOLI. Iif civil law. Certificates of 
 the inferior judge from whom a cause is 
 removed, directed to the superior. Dig. 49. 
 6. See "Apostles." 
 
 Those sent as messengers. Spelman. 
 
 APOSTOLUS. A messenger; an ambas- 
 sador, legate, or nuncio. Spelman. 
 
 APOTHECA. In the civil law. A re- 
 pository; a place of deposit, as of wine, oil, 
 books, etc. Calv. Lex. 
 
 APPARATOR (Law Lat.) One who 
 furnishes or provides. A sheriff was for- 
 merly styled in England apparator comita- 
 tus, as having charge of certain county ar- 
 rangements and expenditures. Cowell. 
 
 APPARENT DANGER. That degree of 
 peril of death or great bodily harm which 
 will justify the killing of an assailant in 
 self-defense. The danger need not be real, 
 but must be sufficient to cause a reasonably 
 prudent and courageous man to believe him- 
 self in imminent peril. 
 
 APPARENT DEFECTS. In a thing sold, 
 those which can be discovered by simple in- 
 spection. Code La. art. 2497. 
 
 APPARENT (or CONTINUOUS) EASE- 
 merit. One depending on some artificial 
 structure or natural formation permanent 
 in character and obvious. One which is at 
 all times known to the owner of the sub- 
 servient tenement by apparent signs. 18 
 N. J. Eq. 262; 1 Hurl. & N. 916. 
 
 APPARENT HEIR. One whose right of 
 inheritance is indefeasible, provided he out- 
 live the ancestor. 2 Bl. Comm. 208. 
 
 In Scotch Law. One who is entitled to 
 
 enter heir to a deceased ancestor, before 
 actual entry. Ersk. Inst. bk. 3, tit. 8, § 54. 
 
 APPARENT MATURITY. Of a negotia- 
 ble instrument. The time when, by its face, 
 it will fall due. 
 
 APPARITIO. An. appearance. 
 
APPARITOR 
 
 61 
 
 APPELLATE JURISDICTION 
 
 APPARITOR (Lat.). An officer or mes- 
 senger employed to serve the process of the 
 spiritual courts in England, and summon 
 offenders. Cowell. 
 
 APPARLEMENT. In old English law. 
 Resemblance; likelihood, as apparlement of 
 war. St. 2 Rich. II. St. 1, c. 6; Cowell. 
 
 APPARURA (Lat.) In old English law. 
 Furniture or implements. 
 
 Carucariae apparura, plough tackle. Cow- 
 ell; Jacob. 
 
 APPEAL (Pr. appe/er, to call). 
 
 In Practice. The removal of a cause 
 
 from a court of inferior to ore of superior 
 jurisdiction, for the purpose of obtaining a 
 review and retrial. Ellsworth, C. J., 3 
 Dall. (U. S.) 321; 7 Cranch (U. S.) 110; 
 10 Pet. (U. S.) 205; 14 Mass. 414; 1 Serg. 
 & R. (Pa.) 78; 1 Bin. (Pa.) 219; 3 Bin. 
 (Pa.) 48. 
 
 It is sometimes used as meaning general- 
 ly the removal of a cause to a higher court 
 (4 N. J. Eq. 137), and in this sense it in- 
 cludes writ of error (1 111. 334). 
 
 It is a civil-law proceeding in its origin, 
 and differs from a writ of error in this, 
 that it subjects both the law and the facts 
 to a review and a retrial, while a writ of 
 error is a common-law process which re- 
 moves matter of law only for re-examina- 
 tion. 7 Cranch (U. S.) 111. 
 
 On an appeal, the whole case is examined 
 and tried, as if it had not been tried before; 
 while on a writ of error, the matters of law 
 merely are examined, and judgment re- 
 versed if any errors have been committed. 
 Dane, Abr. "Appeal." The word is used in 
 the sense here given both in chancery and 
 in common-law practice (16 Md. 282; 20 
 How. [U. S.] 198), and in criminal as well 
 as in civil law (9 Ind. 569; 6 Fla. 679); 
 and in many states the writ of error has 
 been abolished, and appeal established as 
 the ordinary method of review in all cases, 
 the scope of the reviewing varying in the 
 different states. 
 
 In Old Criminal Practice. A formal 
 
 accusation made by one private person 
 against another of having committed some 
 heinous crime. 4 Bl. Comm. 312. 
 
 In Legislation. The act by which a 
 
 member of a legislative body who questions 
 the correctness of a decision of the presid- 
 ing officer, or "chair," procures a vote of 
 the body upon the decision. 
 
 APPEARANCE. In practice. A coming 
 into court as party to a suit, whether as 
 plaintiff or defendant. 
 
 The formal proceeding by which a defend- 
 ant submits himself to the jurisdiction of 
 the court. 
 
 "'Appearance' in the law has several 
 significations, and the word must always 
 be understood in reference to the particular 
 business or subject-matter to which it re- 
 
 lates. In some cases it means to appear in 
 person; in others, by attorney. Sometimes 
 an obligation to appear can only be satisfied 
 by actually coming into court, while in 
 others it will be suflScient to put in special 
 bail, or enter an appearance in the common 
 rule book. In one case it may be necessary 
 for the party to appear on the specified day, 
 while in another it will be sufficient if done 
 within ten or twenty days thereafter. The 
 purpose or end to be answered by the ap- 
 pearance is also important. In most, if not 
 all, cases where a party is bound to a per- 
 sonal appearance in court to answer any 
 charge or action against him, he must not 
 only appear, but must remain in court un- 
 til discharged by due course of law, and 
 how long he must attend depends on the 
 nature of the proceedings and the course 
 and practice of the court. 19 Wend. (N. 
 Y.) 459. 
 It may be of the following kinds : 
 
 (1) Compulsory. That which takes place 
 in consequence of the service of process. 
 
 (2) Voluntary. That which is made in 
 answer to a subpoena or summons, without 
 process. 1 Barb. Ch. (N. Y.) 77. 
 
 (3) General. A simple and absolute 
 submission to the jurisdiction of the court. 
 
 (4) Special. That which is made for 
 certain purposes only, and does not extend 
 to all the purposes of the suit. 
 
 (5) Conditional. One which is coupled 
 with conditions as to its becoming general. 
 
 (6) De bene esse. One which is to re- 
 main an appearance, except in a certain 
 event. See "De Bene Esse." 
 
 (7) Gratis. One made before the party 
 has been legally notified to appear. 
 
 (8) Optional. One made where the par- 
 ty is not under any obligation to appear, but 
 does so to save his rights. It occurs in 
 chancery practice, especially in England. 
 
 (9) Subsequent. An appearance by the 
 defendant after one has already been en- 
 tered for him by the plaintiff. See Daniell, 
 Ch. Pr. 
 
 APPEARANCE DAY. The day on which 
 an appearance is required. 
 
 APPEARAND HEIR. An apparent heir 
 (g. V.) 
 
 APPEL (Law Fr.; Law Lat. appellum). 
 In old English law. An appeal. Britt. c. 
 22. See "Appeal." 
 
 APPELLANT. In practice. He who 
 makes an appeal from one jurisdiction to 
 another. 
 
 APPELLATE. In practice. Pertaining 
 to appeals; having cognizance of appeals. 
 
 APPELLATE JURISDICTION. In prac- 
 tice. The jurisdiction which a superior 
 court has to rehear causes which have been 
 tried in inferior courts. See "Jurisdiction." 
 
APPELLATIO 
 
 62 
 
 APPORTIONMENT 
 
 APPELLATIO (Lat.) An appeal. 
 
 APPELLE (Daw Fr.) In old practice. 
 The party accused by the process of appeal. 
 Britt. c. 23, See "Appeal." 
 
 APPELLEE. In practice. The party in 
 a cause against whom an appeal has been 
 taken. 
 
 APPELLO (Lat.) In the civil law. I ap- 
 peal. The form of making an appeal apitd 
 acta. Dig. 49. 1. 2. 
 
 APPELLOR. A criminal who accuses his 
 accomplices; one who challenges a jury. 
 
 APPELLO UR (Law Fr.) In old practice. 
 The party who brought an appeal; the 
 plaintiff in an appeal. Britt. c. 22. 
 
 APPENDANT (Lat. ad, to, pendere, to 
 hang) . Annexed or belonging to something 
 superior; an incorporeal inheritance belong- 
 ing to another inheritance. 
 
 Appendant in deeds includes nothing 
 which is substantial corporeal property, ca- 
 pable of passing by feoffment and livery of 
 seisin. Co. Litt. 121; 4 Coke, 86; 8 Barn. 
 & C. 150; 6 Bing. 150. A matter appendant 
 must arise by prescription, while a matter 
 appurtenant may be created at any time. 
 2 Viner, Abr. 594; 3 Kent, Comm. 404. 
 
 APPENDITIA (Lat. appendere, to hang 
 at or on). The appendages or pertinances 
 of an estate; the appurtenances to a dwell- 
 ing, etc.; thus, penthouses are the appendix 
 tia domus. 
 
 APPENSURA. Payment of money by 
 weight instead of by count. Cowell. 
 
 APPERTINANCES. An old form of ap- 
 purtenances (g. V.) Cowell. 
 
 APPLICARE (Lat.) In old English law. 
 To fasten to; to moor (a vessel). 
 
 Anciently rendered, "to apply." Hale de 
 Jure Mar. par. 2, c. 3. This sense of the 
 word seems to have been derived from the 
 civil law. Dig. 1. 8. .5. 
 
 APPLICATIO EST VITA REGULAE. 
 Application is the life of a rule. 2 Bulst. 
 79. 
 
 APPLICATION (Lat. applicare) . The act 
 of making a request for something. 
 
 A written request. 
 
 The use or disposition made of a thing. 
 
 — i-ln Insurance. The preliminary, state- 
 ment made by a party applying for an in- 
 surance on life, or against fire. 
 
 Of Purchase Money. The use or dis- 
 position made of the funds received by a 
 trustee on a sale of real estate held under 
 the trust. 
 
 Of Payment. See "Appropriation." 
 
 APPOINTEE. A person who is appointed 
 or selected for a particular purpose; as the 
 
 appointee under a power is the person who 
 is to receive the benefit of the trust of 
 power. 
 
 APPOINTMENT. The designation of a 
 person, by the person or persons having 
 authority therefor, to discharge the duties 
 of some office or trust. 
 
 As distinguished from an election, it 
 seems that an appointment is generally 
 made by one person, or a limited number 
 acting with delegated powers, while an elec- 
 tion is made by all of a class. 
 
 The word is sometimes used in a sense 
 quite akin to this, and apparently derived 
 from it as denoting the right or privilegb 
 conferred by an appointment. Thus, the 
 act of authorizing a man to print the laws 
 of the United States by authority, and the 
 right thereby conveyed, are considered such 
 an appointment, but the right is not an of- 
 fice. 17 Serg. & R. (Pa.) 29, 238. And see 
 3 Serg. & R. (Pa.) 157; Cooper, Just. 599, 
 604. 
 
 The exercise of a right to designate the 
 person or persons who are to take the use 
 of real estate. 2 Washb. Real Prop. 302. 
 
 APPOINTOR. One authorized by the 
 donor, under the statute of uses, to execute 
 a power. 2 Bouv. Inst, note 1923. Also 
 called "donee." 
 
 APPORT (Law Fr.) In old English law. 
 Tax; tallage; tribute; imposition; payment; 
 charge; expenses. Kelham. 
 
 APPORTIONMENT. The division or dis- 
 tribution of a subject-matter in proportion- 
 ate parts. Co. Litt. 147; 1 Swanst. 37, 
 note; 1 Story, Eq. Jur. 475a. 
 
 Of Contracts. The allowance, in case 
 
 of the partial performance of a contract, of 
 a proportionate part of what the party 
 would have received as a recompense for 
 the entire performance of the contract. 
 
 Of Incumbrances. Determining the 
 
 amounts which each of several parties in- 
 terested in an estate shall pay towards the 
 removal or in support of the burden of an 
 incumbrance. 
 
 Of Rent. The allotment of their 
 
 shares in a rent to each of several parties 
 owning it. 
 
 The determination of the amount of rent 
 to be paid when the tenancy is terminated 
 at some period other than one of the reg^u- 
 lar intervals for the payment of rent. 
 
 Of Corporate Shares. The distribu- 
 tion pro rata among the shareholders when 
 there has been an oversubscription. 
 
 Of an Annuity. Pro rata allowance 
 
 for part of a year; not allowed at common 
 law, but allowed as to some classes by 11 
 Geo. II. 
 
 Of Representatives. The fixing of the 
 
 number of representatives in congress al- 
 lowed to each state, made on the basis of 
 population as shown by each United States 
 census. Const. U. S. art. 1, § 2. 
 
APPORTUM 
 
 63 
 
 APPROPRIATION 
 
 APPORTUM. In old English law. The 
 revenue, profit, or emolument which a thing 
 -hrings to the owner. Commonly applied to 
 a corody or pension. Blount. 
 
 APPOSAL OF SHERIFFS. In English 
 law. The charging them with money re- 
 ceived upon account of the exchequer. 22 
 & 23 Car. II.; Cowell. 
 
 APPOSER. In English law. An officer 
 of the exchequer, whose duty it was to ex- 
 amine the sheriffs in regard to their ac- 
 counts handed in to the exchequer. He was 
 also called the "foreign apposer." 
 
 APPOSTILLE. In French law. An addi- 
 tion or annotation made in the margin of a 
 writing. Merlin, Repert. 
 
 APPRAISEMENT. A just valuation of 
 property. 
 
 A valuation under public authority as of 
 the goods of a decedent, or of property 
 taken for public use. 
 
 Appraisal for taxation is called "assess- 
 ment" {q. V.) 
 
 While sometimes used interchangeably, 
 there is a clear distinction between an ap- 
 praisement and an arbitration, the purpose 
 of the former being to prevent the arising 
 of differences, while the latter presupposes 
 a controversy. 254 111. 446. 
 
 APPRAISER, In practice. A person ap- 
 pointed by competent authority to appraise 
 or value goods or real estate. 
 
 APPREHENSIO (Lat.) In the civil and 
 old English law. A taking hold of a person 
 or thing; apprehension; the seizure or cap- 
 ture of a person. Calv. Lex. 
 
 One of the varieties or subordinate forms 
 of oecupatio, or the mode of acquiring title 
 to things not belonging to any one. Fleta 
 applies it to the finding of things on the sea- 
 shore. Fleta, lib. 3, c. 2, § 5. 
 
 APPREHENSION. 
 
 In Practice. The capture or arrest of 
 
 a person on a criminal charge. 
 
 The term "apprehension" is applied to 
 criminal cases, and "arrest" to civil cases; 
 as, one having authority may arrest on civil 
 process, and apprehend on "a criminal war- 
 rant. See "Arrest." 
 
 In the Civil Law. A physical or cor- 
 poral act (corpus) on the part of one who 
 intends to acquire possession of a thing, by 
 which he brings himself into such a rela- 
 tion to the thing that he may subject it to 
 his exclusive control, or by which he ob- 
 tains the physical ability to exercise his 
 power over the thing whenever he pleases. 
 One of the requisites to the acquisition of 
 judicial possession, and by which, when ac- 
 companied by intention (animus), posses- 
 sion is acquired. Mackeld. Civ. Law, 
 §§ 248-260. 
 
 APPRENDRE. Seo "A Prendre." 
 
 APPRENTICE. A person bound in due 
 form of law to a master, to learn from him 
 his art, trade, or business, and to serve him 
 during the time of his apprenticeship. 1 Bl. 
 Comm. 426; 2 Kent, Comm. 211; 3 Rawie 
 (Pa.) 307; 61 N. Y. 274. A mere agree- 
 ment by a father that his son should work 
 for three years for wages to be paid the 
 father, and should be taught the employer's 
 trade, does not constitute the son an ap- 
 prentice. 3 N. J. Law, 413. See 90 N. Y. 
 213. 
 
 APPRENTICE EN LA LEY. An accident 
 name for students at law, and afterwards 
 applied to counsellors, apprentici ad barras, 
 from which comes the more modern word 
 "barrister." 
 
 APPRENTICESHIP. A contract by which 
 one person who understands some art, trade, 
 or business, and called the "master," un- 
 dertakes to teach the same to another per- 
 son, commonly a minor, and called the "ap- 
 prentice," who, on his part, is bound to serve 
 the master, during a definite period of time, 
 in such art, trade, or business. 
 
 The term during which an apprentice is 
 to serve. Pardessus, Dr. Com. note 34. 
 
 APPRENTICES AD LEGEM. An ap- 
 prentice to the law; a law student; a coun- 
 sellor below the degree of serjeant; a bar- 
 rister. See "Apprentice en la Ley." 
 
 APPRIZING. In Scotch law. A form of 
 jjrocess by which a creditor formerly took 
 possession of the estates of the debtor in 
 payment of the debt due. 
 
 It is now superseded by "adjudication." 
 
 APPROACH. The right of visit or visi- 
 tation to determine the national character 
 of the ship approached for that purpose 
 only. 1 Kent, Comm. 153. 
 
 APPROBATE AND REPROBATE. In 
 Scotch law. To approve and reject. 
 
 The doctrine of approbate and reprobate 
 is the English doctrine of election. A party 
 cannot both approbate and reprobate the 
 same deed. 4 Wils. & S. H. L. 460; 1 Ross, 
 Lead. Cas. 617; Paterson, Comp. 710; 1 
 Bell, Comm. 146. 
 
 APPROPRIATION. 
 
 Of Payments. The application of a 
 
 pa3mient made to a creditor by his debtor, 
 to one or more of several debts. In the ab- 
 sence of an agreement, the application is 
 presumed to be that most favorable to the 
 debtor. 
 
 In Ecclesiastical Law. The perpetual 
 
 annexation of an ecclesiastical benefice 
 which is the general property of the church 
 to the use of some spiritual corporation, 
 either sole or aggregate. It corresponds 
 with "impropriation," which is setting apart 
 a benefice to the use of a lay corporation. 
 The name came from the custom of monks 
 
APPROVE 
 
 64 
 
 AQUA QUOTIDIANA 
 
 in England to retain the churches in their 
 gift, and all the profits of them in propria 
 usus to their own immediate benefit. 1 
 Bum, Ecc. Law, 71. 
 
 Of Government Money. No money 
 
 can be drawn from the treasury of the 
 United States but in consequence of appro- 
 priations made by law. Const, art. 1, § 9. 
 Under this clause of the constitution it is 
 necessary for congress to appropriate money 
 for the support of the federal government, 
 a-nd in payment of claims against it, and 
 this is done annually by acts of appropria- 
 tion, some of which are for the general pur- 
 poses of government, and others special and 
 private in their nature. 
 
 APPROVE. To increase the profits upon 
 a thing. Used of common or waste lands 
 which were inclosed and devoted to hus- 
 bandry. 3 Kent, Comm. 406; Old Nat. Brev. 
 79. 
 
 While confessing crime one's self, to ac- 
 cuse another of the same crime. It is so 
 called because the accuser must prove what 
 he asserts. Staundf. P. C. 142; Cromp. Jus. 
 Peace, 250. 
 
 To vouch; to appropriate; to improve. 
 Kelham. 
 
 APPROVED ENDORSED NOTES. Notes 
 endorsed by another per.son than the maker, 
 for additional security. See 20 Wend. (N. 
 Y.) 431. 
 
 APPROVEMENT. By the common law, 
 approvement is said to be a species of con- 
 fession, and incident to the arraignment of 
 a prisoner indicted for treason or felony, 
 who confesses the. fact before plea pleaded, 
 and appeals or accuses others, his accom- 
 plices, in the same crime, in order to obtain 
 his own pardon. 
 
 APPROVER. In English criminal law 
 One confessing himself guilty of felony, and 
 accusing others of the same crime to save 
 himself. Comp. Inst. 250; 3 Inst. 129. Such 
 an one was obliged to maintain the truth of 
 his charge, by the old law. Cowell. The ap- 
 provement must have taken place before 
 plea pleaded. 4 Bl. Comm. 330. 
 
 Certain men sent into the several coun- 
 ties to increase the farms (rents) of hun- 
 dreds and wapentakes, which formerly were 
 let at a certain value to the sheriflFs. Cowell. 
 
 Sheriffs are called the "king's approvers." 
 Termes de la Ley. 
 
 Approvers in the Marches were those who 
 had license to sell and purchase beasts 
 there. 
 
 APPRUARE (Law Lat.) To improve land; 
 to obtain a profit by improvement. St. West- 
 minster II. c. 46. 
 
 APPULSUS (Lat.) In the civil law. A 
 driving to, as of cattle to water. Die. 8. 3. 
 1. 1. ^1 
 
 APPURTENANCES. Things belonging to 
 another thing as principal, and which pass 
 as incidents to such principal thing. 10 Pet. 
 (U. S.) 25; 1 Serg. & R. (Pa.) 169; 117 Mo. 
 61; 61 N. Y. 390; 53 N. H. 508. 
 
 Appurtenances must be of an inferior na- 
 ture to the principal (16 Conn. 260), and 
 must not only be appendant in utility, but 
 there must be unity of right to both in the 
 same person (29 Ohio St. 649). 
 
 Appurtenances are distinguished from ap- 
 pendages in that the latter are those ap- 
 pendant things which become so by pre- 
 scription, while the latter are those other- 
 wise acquired. 1 Johns. Cas. ( N. Y.) 291; 11 
 Johns. (N. Y.) 498. 
 
 APPURTENANT. Pertaining to. See 
 "Appurtenances." 
 
 APT WORDS. Correct technical words, 
 requiring no latitude of construction to give 
 them the meaning intended. 
 
 APTA VI RO A marriageable woman; 
 sometimes used to denote that she is of 
 legal age,, and discovert, but oftener with 
 respect to physical capacity. 
 
 APUD ACTA (Lat.) Among the record- 
 ed acts. This was one of the verbal ap- 
 peals (so called by the French commenta- 
 tors), and was obtained by simply saying, 
 appello. 
 
 AQUA (Lat.) Water. It is a rule that 
 water belongs to the land which it covers 
 when it is stationary. Aqua cedit solo, water 
 follows the soil. 2 Bl. Comm. 18; Co. Litt. 4. 
 
 AQUA AESTIVA. Water that was drawn 
 in summer only. 
 
 AQUA CEDIT SOLO. The water yields 
 or accompanies the soil. The grant of the 
 soil or land carries the water. Hale, de 
 Jur. Mar. pt. 1, c. 1; 2 Bl. Comm. 18. 
 
 AQUA COOPERTA. Covered with wa- 
 ter. 2 P. Wms. 128. 
 
 AQUA CURRENS. Running water. Fleta, 
 lib. 4, c. 6, § 3. 
 
 AQUA CURRIT ET DEBET CURRERE 
 ut currere solebat. Water runs and ought 
 to run as it has used to run. 3 Rawle (Pa.) 
 84, 88; 26 Pa. St. 413; 3 Kent, Comm. 489; 
 Angell, Watercourses, 413; Gale & W. 
 Easem. 1S2. 
 
 AQUA FONTANEA. Spring water. Fleta, 
 lib. 4, c. 27, § 8. 
 
 AQUA PLUVIA. 
 1. pr. 
 
 AQUA PROFLUENS. 
 ning water. Dig. 1. 8. 2. 
 
 Rain water. Dig. 39. 3. 
 
 Flowing or run- 
 
 AQUA QUOTIDIANA. Water which might 
 be drawn at all times of the year. 
 
AQUA SALSA 
 
 65 
 
 ARBITRIUM 
 
 AQUA SALSA. Salt water. Reg. Orlg. 97. 
 
 AQUA TRE8T0RNATA, A stream 
 turned out of its course. 
 
 AQUAE DUCTUS. In civil law. A servi- 
 tude which consists in the right to carry 
 water by means of pipes or conduits over 
 or through the estate of another. Dig. 8. 
 3. 1; Inst. 2. 3; Lalaure des Serv. c. 5, p. 23. 
 
 AQUAE HAUSTUS. In civil law. A 
 servitude which consists in the right to 
 draw water from the fountain, pool, or 
 spring of another. Inst. 2. 3. 2; Dig. 8. 3. 
 1. 1. 
 
 AQUAE IMMITTENDAE. In civil law 
 A servitude which frequently occurs among 
 neighbors. 
 
 It is the right which the owner of a house, 
 built in such a manner as to be surrounded 
 with other buildings, so that it has no out- 
 let for its waters, has to cast water out of 
 his windows on his neighbor's roof, court, 
 or soil. Lalaure des Serv. 23. It is recog- 
 nized in the common law as an easement 
 of drip. 15 Barb. (N. Y.) 96; Gale & W. 
 Easem. See "Easement." 
 
 AQUAGIUM (Lat.) A watercourse. Cow- 
 ell. Canals or ditches through marshes. 
 Spelman. A signal placed in the aquagium 
 to indicate the height of water therein. 
 Spelman. 
 
 AQUATIC RIGHTS. Rights which indi- 
 viduals have to the use of water, and to 
 lands under water. Includes rights of fish- 
 ing, navigation, etc. 
 
 ARABANT (Lat.) They ploughed. Ap- 
 plied to vassals who were bound to plough 
 and harrow the lands of the lord within his 
 manor. Spelman. 
 
 ARAHO. In feudal law. To make oath 
 in the church or some other holy place. 
 Cowell; Spelman. 
 
 ARAHUM (Law Lat. from Saxon or, rev- 
 erence). A consecrated place. 
 
 ARALIA (Lat. arare). Land fit for the 
 plough. Denoting the character of land, 
 rather than its condition. Spelman. Kin- 
 dred in meaning, arare, to plough; arator, a 
 ploughman; aratrum terrae, as much land as 
 could be cultivated by a single arator; ara- 
 turia, land fit for cultivation. 
 
 ARATURA TERRAE. The plowing of 
 land by the tenant, or vassal, in the service 
 of his lord. Whishaw. 
 
 ARATURIA. Land suitable for the plow; 
 arable land. Spelman. 
 
 ARBITER. A person bound to decide ac- 
 cording to the rules of law and equity, as 
 distinguished from an arbitrator, who may 
 proceed wrholly at his own discretion, so 
 
 that it be according to the judgment of a 
 sound man. Cowell. This distinction be- 
 tween arbiters and arbitrators is not ob- 
 served in modern law. Russ. Arb. 112. See 
 "Arbitrator." 
 
 One appointed by the praetor to decide 
 by the equity of the case, as distinguished 
 from the judea;, who followed the law. Calv. 
 Lex. 
 
 One chosen by the parties to decide the 
 dispute; an arbitrator. Bell, Diet. 
 
 ARBITRAMENT AND AWARD. A plea 
 to an action brought for the same cause 
 which had been submitted to arbitration, 
 and on which an award had been made. 
 Watson, Arb. 256. 
 
 ARBITRARY PUNISHMENT. In prac- 
 tice. That punishment which is left to the 
 decision of the judge, in distinction from 
 those defined by statute. 
 
 ARBITRATION (Lat. arbitratio). In prac- 
 tice. The investigation and determination 
 of a matter or matters of difference between 
 contending parties, by one or more unof- 
 ficial persons, chosen by the parties, and 
 called "arbitrators," or "referees." Worces- 
 ter; 3 Bl. Comm. 16; 17 How. (U. S.) 344. 
 
 It is either: 
 
 (1) Compulsory arbitration, being that 
 which takes place when the consent of one 
 of the parties is enforced by statutory pro- 
 visions; or 
 
 (2) Voluntary arbitration, being that 
 which takes place by mutual and free con- 
 sent of the parties. It usually takes place 
 in pursuance of an agreement (commonly 
 in writing) between the parties, termed 
 a "submission," and the determination of the 
 arbitrators or referee is called an "award." 
 
 At common law it was also either 
 
 (3) In pais, that is, by simple agreement 
 of the parties; or 
 
 (4) By rule of court, that is by the inter- 
 vention of a court of law or equity. 3 Bl. 
 Comm. 16. 
 
 ARBITRATION OF EXCHANGE. Where 
 a merchant pays his debts in one country by 
 a bill of exchange upon another. 2 Mill. 
 
 Pol. Econ. 168. 
 
 t 
 
 ARBITRATOR. In practice. A private 
 extraordinary judge, to whose decision mat- 
 ters in controversy are referred by consent 
 of the parties. Worcester. 
 
 "Reference" is of frequent modern use as 
 a synonym of "arbitrator," but is in its 
 origin of broader signification, and less ac- 
 curate than arbitrator. 
 
 ARBITRIMENTUM AEQUUM TRIBUIT 
 cuique suum. A just arbitration renders to 
 every one his own. Noy, Max. 248. 
 
 ARBITRIUM (Lat.) Decision; award; 
 judgment. 
 
 For some cases the law does not prescribe 
 an exact rule, but leaves them to the judg- 
 
ARBITRIUM EST JUDICIUM 
 
 66 
 
 ARE 
 
 ment of sound men. 1 Sharswood, Bl. 
 Comm. 61. The decision of an arbiter is 
 arbitrium, as the etymology indicates, and 
 the word denotes, in the passage cited, the 
 decision of a man of good judgment who is 
 not controlled by technical rules of law, 
 but is at liberty to adapt the general prin- 
 ciples of justice to the peculiar circum- 
 stances of the case. 
 
 ARBITRIUM EST JUDICIUM. An award 
 is a judgment. Jenk. Cent. Cas. 137; 3 
 Bulst. 64. 
 
 ARBITRIUM EST JUDICIUM BONI VIRI, 
 secundum aequum et bonum. An award Is 
 the judgment of a good man, according to 
 justice. 3 Bulst. 64, 
 
 ARBOR (Lat.) A tree; a plant; some- 
 thing larger than an herb; a general term 
 including vines, osiers, and even reeds. The 
 mast of a ship. Brissonius; Ainsworth; 
 
 Calv. Lex. ^ t ^ 
 
 Arbor civilis. A genealogical tree. Co. Inst. 
 A common form of showing genealogies 
 is by means of a tree representing the dif- 
 ferent branches of the family. Many of the 
 terms in the law of descent are figurative, 
 and derived hence. Such a tree is called, 
 also, arbor consanguinitatis. 
 
 ARBOR DUM CRESCIT; LIGNUM DUM 
 crescere nesclt. A tree while it is growing; 
 wood when it cannot grow. Cro. Jac. 166; 
 12 Johns. (N. Y.) 239, 241. 
 
 ARBOR FINALIS. In old English law. 
 A boundary tree; a tree used for making a 
 boundary line. Bracton, fols. 167, 207b. 
 
 ARCANA IMPERII. State secrets. 1 Bl. 
 Comm. 337. 
 
 ARCARIUS (Lat. area). A treasurer; 
 one who keeps the public money. Spelman. 
 
 ARCHAIONOMIA. The name of a col- 
 lection of Saxon laws published during the 
 reign of the English Queen Elizabeth, in 
 the Saxon language, with a Latin version, 
 by Mr. Lambard. Dr. Wilkins enlarged this 
 collection in his work entitled "Leges An- 
 glo-Saxonicae," containing all the Saxon 
 laws extant, together with those ascribed 
 to Edward the Confessor, in Latin; those of 
 William the Conqueror, in. Norman and 
 Latin; and of Henry I., Stephen, and Henry 
 II., in Latin. 
 
 ARCHBISHOP. In ecclesiastical law. The 
 chief of the clergy of a whole province. He 
 has the inspection of the bishops of that 
 province, as well as of the inferior clergy, 
 and may deprive them on notorious cause. 
 The archbishop has also his own diocese, in 
 which ,he exercises episcopal jurisdiction, as 
 in his province he exercises archiepiscopal 
 authority. 1 Bl. Comm. 380; 1 Ld. Raym. 
 541. 
 
 ARCHDEACON. In ecclesiastical law. A 
 ministerial officer subordinate to the bishop. 
 
 In the primitive church, the archdeacons 
 were employed by the bishop in the more 
 servile duties of collecting and distribut- 
 ing alms and offerings. Afterwards they 
 became, in effect, "eyes to the overseers 
 of the church." Cowell. His jurisdiction 
 is ecclesiastical, and immediately subordi- 
 nate to that of the bishop, throughout the 
 whole or a part of the diocese. He is a 
 ministerial officer. 1 Sharswood, Bl. Comm. 
 383. . 
 
 ARCHDEACON'S COURT. In English 
 law. The lowest court of ecclesiastical 
 jurisdiction in England. It is held before 
 a person appointed by the archdeacon, 
 called his "official." Its jurisdiction is 
 limited to ecclesiastical causes arising 
 within the archdeaconry. It had until re- 
 cently, also, jurisdiction of matters of pro- 
 bate and granting administrations. In or- 
 dinary cases, its jurisdiction is concurrent 
 with that of the bishop's court, but in some 
 instances cases must be commenced in this 
 court. In all cases, an appeal lies to the 
 bishop's court. 24 Hen. VIII. c. 12; 3 Bl. 
 Comm. 64. 
 
 ARCHERY. A service of keeping a bow 
 for the lord's use in the defense of his cas- 
 tle. Co. Litt. 157. 
 
 ARCHES' 
 
 Arches." 
 
 COURT. 
 
 See "Court of 
 
 ARCHETYPE. The original copy. 
 
 ARCHiCAPELLANUS (Law Lat.) In old 
 European law. A chief or high chancellor 
 (summus cancellarius) . Spelman. 
 
 ARCHITECT. One who makes it his oc- 
 cupation to form or devise plans and de- 
 signs and to draw up specifications for 
 buildings or structures and to superintend , 
 their construction. 
 
 ARCHIVES (Lat. archivum, ardbum). The 
 rolls; any place where a,ncient records, 
 charters, and evidences are kept. In libra- 
 ries, the private depositary. Cowell; Spel- 
 man. The records need not be ancient to 
 constitute the place of keeping them the 
 "archives." 
 
 ARCHIVIST. One to whose care the ar- 
 chives have been confided. 
 
 ARCTA ET SALVA CU8T0DIA (Lat.) 
 In safe and close custody or keeping. 
 
 When a defendant is arrested on a capiaB 
 ad satisfaciendum (ca. sa.) he is to be kept 
 arcta et salva oustodia. 3 Sharswood, Bl. 
 Comm. 415. 
 
 ARDOUR. In old English law. An in- 
 cendiary; a house burner. 
 
 ARE. A French measure of surface. 
 This is a square the sides of which are oi 
 
AREA 
 
 67 
 
 ARIMANNI 
 
 the length of ten metres. The are is equal 
 to 1076.441 square feet 
 
 AREA. An inclosed yard or opening in 
 a house; an open place adjoining to a house. 
 1 Chit. Prac. 176. 
 
 AR EN ALES. In Spanish law. Sandy 
 beaches. 
 
 ARENIFODINA (from areyia, sand, and 
 fodire, to dig). In the civil law. A sand 
 pit. Dig. 7, 1. 13. 6. 
 
 ARENTARE (Lat.) To rent; to let out 
 at a certain rent. Cowell. 
 Arentatio, a renting. 
 
 AREOPAGITE. In ancient Greek law. 
 A lawyer or chief judge of the Areopagus 
 in capital matters in Athens; a tribunal so 
 called after a hill or slight eminence, in a 
 street of that city dedicated to Mars, where 
 the court was held in which those judges 
 were wont to sit Wharton. 
 
 ARETRO. See "A Retro." 
 
 ARQ. An abbreviation of argtiendo, much 
 used in the reports. 
 
 ARGENT. In heraldry. Silver. 
 
 ARGENTARII (Lat argentum). Money- 
 lenders. Called, also, nummularii (from 
 nummus, coin) mensarii (lenders by the 
 month). They were so called, whether 
 living in Rome or in the country towns, and 
 had their shops or tables in the forum. 
 Argentarius is the singular. Argentarium 
 denotes the instrument of the loan, ap- 
 proaching in sense to our note or bond. 
 
 Argentarius miles was the servant or 
 porter who carried the money from the 
 lower to the upper treasury to be tested. 
 Spelman. 
 
 ARGENTEUS (Law Lat.) An old French 
 coin, answering nearly to the English shil- 
 ling. Spelman. 
 
 ARGENTUM. Silver; silver plate. 1 
 Ld. Raym. 20. 
 
 Uncoined silver; money paid by weight. 
 Spelman. 
 
 Money paid by tale or counted (pecunia 
 numerata.) Spelman. 
 
 Goods generally. Spelman. 
 
 ARGENTUM ALBUM (Lat) Unstamped 
 silver; bullion. Spelman; Cowell. 
 
 ARGENTUM DEI (Lat) God's money; 
 God's penny; money given as earnest in 
 making a bargain. Cowell. 
 
 ARGUMENT AB INCONVENIENTI See 
 "Ab Inconvenienti." 
 
 ARGUMENTATIVE. By way of reason- 
 ing. 
 
 A plea must be (among other things) di- 
 rect and positive, and not argumentative. 
 3 Sharswood, Bl. Comm. 308. 
 
 ARGUMENTUM A COMMUNITER AC- 
 cidentibus in Jura frequens est. An argu- 
 ment drawn from things commonly hap- 
 pening is frequent in law. Broom, Leg. 
 Max. 44. 
 
 ARGUMENTUM A DIVISIONE EST 
 
 fortissimum in jure. An argument arising 
 from a division is most powerful in law. 6 
 Coke, 60; Co. Litt 213b. 
 
 ARGUMENTUM A MAJOR! AD MINUS 
 negative non valet; valet e converso. An 
 argument from the greater to the less is of 
 no force negatively; conversely it is. Jenk. 
 Cent Cas. 281. 
 
 ARGUMENTUM A SIMILI VALET IN 
 lege. An argument drawn from a similar 
 case, or analogy, avails in law. Co. Litt. 
 191. 
 
 ARGUMENTUM AB AUCTORITATE 
 est fortissimum in lege. An argument 
 drawn from authority is the strongest in 
 law. Co. Litt. 254. 
 
 ARGUMENTUM AB IMPOSSIBILI PLU- 
 rlmum valet in lege. An argument deduced 
 from impossibility greatly avails in law. 
 Co. Litt 92. 
 
 ARGUMENTUM AB INCONVENIENTI 
 ost validum in lege; quia lex non permlttit 
 allquod inconveniens. An argument drawn 
 from what is inconvenient is good in law, 
 because the law will not permit any incon- 
 venience. Co. Litt 66a, 258; 7 Taunt 627; 
 3 Barn. & C. 131; 6 Clark & F. 671. 
 
 ARGUMENTUM AB INCONVENIENTI 
 plurimum vale (est validum) in lege. An 
 argument drawn from inconvenience is of 
 the greatest weight (is forcible) in law. 
 Co. Litt. 66a, 97a, 152b, 258b; Broom, Leg. 
 Max. 184. If there be in any deed or in- 
 strument equivocal expressions, and great 
 inconvenience must necessarily follow from 
 one construction, it is strong to show that 
 such construction is not according to the 
 true intention of the grantor; but where 
 there is no equivocal expression in the in- 
 strument, and the words used admit only 
 of one meaning, arguments of inconvenience 
 prove only want of foresight in the grant- 
 or. 3 Madd. 540; 7 Taunt 496. 
 
 ARGYLDE. Not compensated for. 
 
 ARIBANNUM, or ARRIBANNUM (Law 
 Lat.) In old European law. A fine for 
 not joining the army, when called out by 
 public summons. Spelman. 
 
 The summons or proclamation itself. 
 Spelman. Spelman thinks the proper form 
 of this word was heribannum, unless it be 
 considered a contraction of arrieribannum 
 (q. V.) See "Herebannum." 
 
 ARIMANNI (Lat) The possessors of 
 lands holden or derived from their lords. 
 
ARISTOCRACY 
 
 63 
 
 ARPENTATOR 
 
 Clients joined to some lord for protection. 
 By some, said to be soldiers holding lands 
 from the lord; but the term is also applied 
 to women and slaves. Spelman. 
 
 ARISTOCRACY. A government In which 
 a class of men rules supreme. 
 
 ARISTODEMOCRACY. A form of gov- 
 ernment where the power is divided be- 
 tween the great men of the nation and the 
 people. 
 
 ARLES. Earnest. Used in Yorkshire 
 in the phrase arles-penny. Cowell. In 
 Scotland it has the same signification. 
 Bell, Diet. 
 
 ARM OF THE SEA. A wortlon of the 
 sea projecting inland, in which the tide 
 ebbs and flows. 
 
 It includes bays, roads, creeks, coves 
 ports, and rivers where the water flows and 
 reflows. An arm of the sea is considered 
 as extending as far into the interior of a 
 country as the water of fresh rivers is pro- 
 pelled backward by the ingress and pres- 
 sure of the tide. Angell, Tide Waters (2d 
 Ed.) 73; 7 Pet. (U. S.) 324; 2 Conn. 484; 
 8 N. Y. 199; 01c. Adm. 21. 
 
 "But it does not follow that every creek 
 or rivulet in which the tide ebbs and flows, 
 and which may be used as certain tides by 
 small boats for individual convenience, is 
 to be dignified by the appellation of an 
 'arm of the sea.' " 10 N. J. Eq. 223. 
 
 ARMA (Lat.) Arms; weapons, offensive 
 and defensive. Co. Litt. 161b, 162a. 
 
 In the Civil Law. It included not only 
 
 arms of warfare, but any weapon, as a 
 club or a stone. 
 
 Armor, arms, or cognizances of families. 
 Spelman. 
 
 ARIMA DARE. To dub or make a knight. 
 Cowell. Arma capere or suscipere, to take 
 upon one the order of knighthood. 2 
 Reeves, Hist. Eng. Law, 288. 
 
 ARMA IN ARMATOS SUMERE JURA 
 sinunt. The laws permit the taking up of 
 arms against armed persons. 2 Inst. 574. 
 
 ARMA MOLUTA (Lat) Sharp weapons; 
 weapons which cut, as distinguished from 
 those which bruise. Cowell; Blount. 
 
 ARMATA VIS (Lat.) In the civil law. 
 Armed force. Dig. 43. 16. 3; Fleta, lib. 4. 
 c. 4. 
 
 ARMIGER (Lat.) An armor bearer; an 
 esquire; a title of dignity belonging to 
 gentlemen authorized to bear arms. Ken- 
 nett. Par. Ant.; Cowell. 
 
 In its earlier meaning, a servant who 
 carried the arms of a knight. Spelman. 
 
 A tenant by scutage; a servant or valet; 
 applied, also, to the higher servants in con- 
 Vents. Spelman; Whishaw. 
 
 ARMISCARA. An ancient mode of pun- 
 ishment, which was to carry a saddle at 
 the back as a token of subjection. Spel- 
 man. 
 
 A kind of fine. Spelman. 
 
 ARMISTICE. A cessation of hostilities 
 between belligerent nations for a consider- 
 able time. 
 
 It is either partial and local, or general. 
 It differs from a mere suspension of arms 
 which takes place to enable the two armies' 
 to bury their dead, their chiefs to hold con- 
 ferences or pourparlers, and the like. Vat- 
 tel, Droit des Gens, lib. 3, c. 16, § 233. The 
 terms "truce" and "armistice" are some- 
 times used in the same sense. See "Truce." 
 
 ARMORUM APPELLATIONE, NON SO- 
 lum scuta et gladii et galeae, sed et' fustes 
 et lapides continentur. Under the name of 
 "arms" are included not only shields and 
 swords and helmets, but also clubs and 
 stones. Co. Litt. 162. 
 
 ARMS. Anything that a man wears for 
 his defense, or takes in his hands, or uses 
 in his anger, to cast at or strike at anoth- 
 er. Co. Litt. 161b, 162a; Cromp. Jus. Peace, 
 65; Cunningham. Every description of 
 weapon, offensive and defensive. 4 Ark. 21. 
 
 The constitution of the United States 
 (Amend, art. 2) declares that, "a well-regu- 
 lated militia being necessary to the securi- 
 ty of a free state, the right of the people 
 to keep and bear arms shall not be in- 
 fringed." This has been held to mean only 
 such arms as are adapted to military pur- 
 poses. 3 Heisk. (Tenn.) 179; 35 Tex. 476. 
 
 Signs of arms, or drawings, painted on 
 shields, banners, and the like. The arms of 
 the United States are described in the reso- 
 lution of congress of June 20, 1782. 
 
 ARMY. The military forces of a nation 
 intended for service on land. It does not 
 include the marine corps. 2 Sawy. (U. S.) 
 200; 21 N. Y. Supp. 104. Contra, 7 Rob. (N. 
 Y.) 635. 
 
 As used in the United States constitution 
 and laws it does not include the state mili- 
 tia. 16 Grat. (Va.) 475. 
 
 AROMATARIUS. 
 grocer. But see 1 
 
 In old pleadings. 
 Vent. 142. 
 
 ARPENNUS. A measure of land, of un- 
 certain amount. It was called "arpent," 
 also. Spelman; Cowell. 
 
 In French Law. A measure of different 
 
 amount in each of the sixty-four provinces. 
 Guyot, Rep. Univ. "Arpenteur." 
 
 The measure was adopted in Louisiana. 
 6 Pet. (U. S.) 763. 
 
 ARPENT, or ARPEN. A quantity of land 
 containing a French acre. 4 riall. Law I. 
 518. 
 
 ARPENTATOR. 
 of land. 
 
 A measurer or surveyor 
 
ARRA 
 
 69 
 
 ARREST 
 
 ARRA. In civil law. Earneet; evidence 
 of a completed bargain. Used of a con- 
 tract of marriage, as well as any other. 
 Spelled, also, arrha, arrae. Calv. Lex. 
 
 ARRAGE (Law Fr.) Mad or Insane. 
 Home arrage, a madman or lunatic. Britt. 
 c. 26. 
 
 ARRAIGN. To call a prisoner to the bar 
 of the court to answer the matter charged 
 in the indictment. 2 Hale, P. C. 216. To 
 set in order. An assize may be arraigned. 
 Litt. § 242; 3 Mod. 273; Termes de la Ley; 
 Cowell. 
 
 ARRAIGNMENT. In criminal practice. 
 Calling the defendant to the bar of the 
 court, to answer the accusation contained 
 in the indictment. 
 
 The first step in the proceeding consists 
 in calling the defendant to the bar by his 
 name, and commanding him to hold up his 
 hand. This is done for the purpose of 
 completely identifying the prisoner as the 
 person . named in the indictment. The 
 holding up his hand is not, however, indis- 
 pensable, for, if the prisoner should refuse 
 to do so, he may be identified by any ad- 
 mission that he is the person intended. 1 
 W. Bl. 33. See Archb. Crim. PI. (1859 Ed.) 
 128.. 
 
 The second step is the reading the in- 
 dictment to the accused person. This is 
 done to enable him fully to understand 
 the charge to be produced against him. 
 The mode in which it is read is, after say- 
 ing, "A. B. hold up your hand," to proceed, 
 "You stand indicted by the name of A. B., 
 late of, etc., for that you, on," etc., and then 
 go through the whole of the indictment. 
 
 The third step is to ask the prisoner: 
 "How say you [A. B.], are you guilty, or 
 not guilty?" Upon this, if the prisoner 
 confesses the charge, and it appears to the 
 satisfaction of the judge that he ijghtly 
 comprehends the effect of his plea, the 
 confession is recorded, and nothing further 
 is done till judgment. If, on the contrary, 
 he answers, "Not guilty," that plea is en- 
 tered for him, and the clerk or attorney 
 general .replies that he is guilty; when an 
 issue is formed. 1 Mass. 95. 
 
 If the defendant, when called upon, makes 
 no answer, and it is a matter of doubt 
 whether or not he is mute of malice, the 
 court may direct a jury to be forthwith 
 impaneled and sworn, to try whether the 
 prisoner is mute of malice or ex visitor 
 tione Dei; and such jury may consist of 
 any twelve men who may happen to be 
 present. If a person is found to be mute 
 ex visitatione Dei, the court, in its discre- 
 tion, vrill use such means as may be suf- 
 ficient to enable the defendant to under- 
 stand the charge and make his answer ; and 
 if this is found impracticable, a plea of not 
 guilty will be entered, and the trial pro- 
 ceed. But if the jury return a verdict' 
 
 that he is mute fraudulently and willfully, 
 the court will pass sentence as upon a con- 
 viction. 1 Mass. 103; 13 Mass. 299; 9 
 Mass. 402; 10 Mete. (Mass.) 222; Archb. 
 Crim. PI. (14th London Ed.) 129; Car. 
 Crim. Law, 57; 3 Car. & K. 121; Ros- 
 coe, Crim. Ev. (4th London Ed.) 215. See 
 the case of a deaf person who could not be 
 induced to plead (1 Leach, C. C. [4th Ed.] 
 451) ; of a person deaf and dumb (1 Leach, 
 C. C. [4th Ed.] 102; 14 Mass. 207; 7 Car. 
 & P. 303; 6 Cox, C. C. 386; 3 Car. & K. 
 328) . See "Peine et Forte Dure." 
 
 ARRAIGNS, CLERK OF. An assistant 
 to the clerk of assise. 
 
 ARRAMEUR. An ancient officer of a 
 port, whose business was to load and un- 
 load vessels. 
 
 ARRAS. In Spanish law. The donation 
 which the husband makes to his wife, by 
 reason or on account of marriage, and in 
 consideration of the dote, or portion, which 
 he receives, from her. Aso & M. Inst. bk. 1, 
 tit. 7, c. 3. 
 
 The property contributed by the husband 
 ad sustinenda onera matrimonii (for bear- 
 ing the expenses). 
 
 The husband is under no obligation to 
 give arras, but it is a donation purely vol- 
 untary. He is not permitted to give in 
 arras more than a tenth of his property. 
 The arras is the exclusive property of the 
 wife, subject to the husband's usufruct 
 during his life. Burge, Confl. Laws, 417. 
 
 ARRAY. In practice. The whole body 
 of jurors summoned to attend a court, as 
 they are arrayed or arranged on the panel. 
 See "Challenge;" Dane, Abr. Index; 1 Chit. 
 Crim. Law, 536; Comyn, Dig. "Challenge" 
 (B). 
 
 ARREARAGES. Arrears. 
 
 ARREARS (Pr.) The remainder of an 
 account or sum of money in the hands of 
 an accountant. Any money due and unpaid 
 at a given time. Cowell; Spelman. 
 
 ARRECT. To accuse. Arrectati, those ac- 
 cused or suspected. 
 
 ARRENDAMIENTO (Spanish). In Span- 
 ish law. The contract of letting and hir- 
 ing an estate or land (heredac^. White, 
 New Recop. bk. 2, tit. 14. c. 1. 
 
 ARREST (Pr. mreter, to stay, to stop, 
 to detain). To deprive a person of his 
 liberty by legal authority. The seizing a 
 person and detaining him in the custody of 
 the law. 
 
 As ordinarily used, the terms "arrest" 
 and "attachment" coincide in meaning to 
 some extent; though in strictness, as a dis- 
 tinction, an arrest may be said to be the 
 act resulting from the service of an attach- 
 ment. And in the more extended sense 
 
ARREST OF INQUEST 
 
 70 
 
 ARRHAE 
 
 which is sometimes given to attachment, in- 
 cluding the act of taking, it would seem to 
 differ from arrest in that it is more pecu- 
 liarly applicable to a taking of property, 
 while arrest is more commonly used in 
 speaking of persons. The terms are, how- 
 ever, often interchanged when speaking of 
 the taking a man by virtue of legal au- 
 thority. Arrest is also applied in some in- 
 stances to a seizure and detention of per- 
 sonal chattels, especially of ships and ves- 
 sels, but this use of the term is not common 
 in modern law. 
 
 In Civil Practice. The apprehension 
 
 of a person by virtue of a lawful authority 
 to answer the demand against him in a 
 civil action. 
 
 In Criminal Practice. The appre- 
 hending of a person to answer for an al- 
 leged or suspected crime. The word "ar- 
 rest" is said to be more properly used in 
 civil cases, and "apprehension" in crimi- 
 nal. 
 
 In Admiralty Practice. The seizure 
 
 of a vessel on process in an action in rem. 
 
 ARREST OF INQUEST. Pleading in ar- 
 rest of taking the inquest on a former is- 
 sue, and showing cause why an inquest 
 should not be taken. Wharton. 
 
 ARRESTANDiS BONIS NE DISSIPEN- 
 tur. In English law. A writ for him whose 
 cattle or goods, being taken during a con- 
 troversy, are likely to be wasted and con- 
 sumed. 
 
 ARRESTANDO IPSUM QUI PECUNIAIVI 
 
 recepit. In old English law. A writ which 
 issued for apprehending a person who had 
 taken the king's prest money to serve in 
 the wars, and then hid himself in order to 
 avoid going. Reg. Orig. 24. 
 
 ARRESTEE. In Scotch law. He in 
 whose hands a debt, or property in his pos- 
 session, has been arrested by a regular ar- 
 restment. 
 
 If, in contempt of the arrestment, he make 
 payment of the sum or deliver the goods 
 arrested to the common debtor, he is not 
 only liable criminally for breach of the ar- 
 restment, but he must pay the debt again 
 to the arrpstor. Ersk. Inst. 3. 6. 6. 
 
 ARRESTER. In Scotch law. One who 
 sues out and obtains an arrestment of his 
 debtor's goods or movable obligations. 
 Ersk. Inst. 3. 6. 1. 
 
 ARRESTMENT. In Scotch law. Secur- 
 ing a criminal's person till trial, or that of 
 a debtor till he gives security judicio sisU. 
 The order of a judge, by which he who is 
 debtor in a movable obligation to the ar- 
 rester's "debtor is prohibited to make pay- 
 ment or delivery till the debt due to the 
 arrester be paid or secured. Ersk. Inst. 3. 
 6. 1. Id. 1. 2. 12. 
 
 Where arrestment proceeds on a depend- 
 ing action, it may be loosed by the common 
 
 debtor's giving security to the arrester for 
 his debt, in the event it shall be found due. 
 Ersk. Inst. 3. 6. 7. 
 
 ARRESTMENT JURISDICTI0NI8 FUN- 
 dandae causa. In Scotch law. A process to 
 bring a foreigner within the jurisdiction of 
 the courts of Scotland. The warrant at- 
 taches a foreigner's goods within the juris- 
 diction, and these will not be released un- 
 less caution or security be given. Whar- 
 ton. 
 
 ARRESTO FACTO SUPER BONIS MER- 
 catorum alienigenorum. A writ against the 
 goods of aliens found within this kingdom, 
 in recompense of goods taken from a deni- 
 zen in a foreign country, after denial of 
 restitutiom Reg. Orig. 129. The ancient 
 civilians called it "clarigatio," but by the 
 moderns it is termed "reprisalia." Wharton. 
 
 ARRET (Ft.) A judgment, sentence, or 
 decree of a court of competent jurisdiction. 
 
 The term is derived from the French law, 
 and is used in Canada and Louisiana. 
 
 Saisie arret is an attachment of property 
 in the hands of a third person. Code Prac. 
 La. art. 209; 2 Low. (U. S.) 77; 5 Low. (U. 
 S.) 198, 218. 
 
 ARRETTED (arrectatus, i. e,, ad rectum 
 vocatus). Convened before a judge and 
 charged with a crime. 
 
 Ad rectum malefactorem, is, according to 
 Bracton, to have a malefactor forthcoming 
 to be put on his trial. 
 
 Imputed, or laid to one's charge; as, no 
 folly may be arretted to any one under age. 
 Bracton, lib. 3, tr. 2, c. 10; Cunningham. 
 
 ARRHABO (Lat.) In the civil law. 
 Earnest; money given to bind a bargain. 
 Calv. Lex; Brissonius, voc. "Arra." 
 
 ARRHAE. In the civil law. Money or 
 other valuable things given by the buyer to 
 the seller, for the purpose of evidencing the 
 contract; earnest. 
 
 There are two kinds of arrhae: One kind 
 given when a contract has only been pro- 
 posed; the other when a sale has actually 
 taken place. Those which are given when 
 a bargain has been merely proposed, be- 
 fore it has been concluded, form the mat- 
 ter of the contract, by which he who gives 
 the a/rrhae consents and agrees to lose 
 them, and to transfer the title to them in 
 the opposite party, in case he should refuse 
 to complete the proposed bargain; and the 
 receiver of arrhae is obliged on his part to 
 return double the amount to the giver of 
 them in case he should fail to complete 
 his part of the contract. Poth. Vents, 
 note 498. After the contract of sale has 
 been completed, the purchaser usually 
 gives arrhae as evidence that the contract *' 
 has been perfected. Arrhae are therefore 
 defined quod ante pretium datur, et fidem 
 
ARRIAGE AND CARRIAGE 
 
 71 
 
 ARTICLES, LORDS OF 
 
 feoit contractus, facti totiusque pecuniae 
 solvendae. Id. note 606; Code, 4. 45. 2. 
 
 ARRIAGE AND CARRIAGE. Services 
 of an indefinite amount formerly exacted 
 from tenants under the Scotch law. Bell, 
 Diet. 
 
 ARRIER BAN. A second summons to 
 * join the lord, addressed to those who had 
 neglected the first. A summons of the infe- 
 riors or vassals of the lord. Spelman. 
 To be distinguished from aribannum. 
 
 ARRIERE FIEF (Fr.) An inferior fee 
 granted out of a superior. 
 
 ARRIERE VASSAL. In feudal law. The 
 vassal of a vassal. One who held of a vas- 
 sal of the crown. 
 
 ARRIVE. To come to a particular place; 
 to reach a particular or certain place. See 
 1 Brock. (U. S.) 411; 2 Cush. (Mass.) 439; 
 8 Barn. & C. 119. 
 
 ARROGATION. The adoption of a per- 
 son sui juris. 1 Brown, Civ. Law, 119, Dig. 
 1. 7. 5; Inst. 1. 11. 3. 
 
 ARRONDISSEMENT. One of the subdi- 
 visions of a department (q. v.) in France. 
 
 ARSAE ET PENSATAE (Law Lat.) 
 Burnt and weighed. A term formerly ap- 
 plied to money melted and then weighed 
 to test its purity. 
 
 ARSENALS. Storehouses of arms and 
 other military supplies. 
 
 ARSER IN LE MAIN. Burning in the 
 hand. The punishment inflicted on those 
 who received the benefit of clergy. Termes 
 de la Ley. 
 
 ARSON (Lat. ardere, to burn). At com- 
 mon law. The malicious burning of the 
 house of another. Coke, 3d Inst. 66; Bish. 
 Crim. Law, § 415; 4 Bl. Comm. 220; 2 Pick. 
 (Mass.) 320; 10 Cush. (Mass.) 479; 7 Grat. 
 (Va.) 619; 9 Ala. 175; 7 Blackf. (Ind.) 168; 
 1 Leach, C. C. (4th Ed.) 218. By statute 
 in most, if not all, the states, the house 
 need not be that of another. 
 
 The house, or some part of it, however 
 small, must be consumed by fire. 9 Car. 
 P. 45; 16 Mass. 105; 110 Mass. 403; 5 Ired. 
 (N. C.) 350; 25 Ired. (N. C.) 570; 62 N. Y. 
 117. 
 
 At common law, the building must have 
 been a dwelling house, but this included all 
 buildings within the curtilage. By statute 
 the offense has been extended to other 
 buildings. 
 
 ARSURA. The trial of money by heat- 
 ing it after it was coined. Now obsolete. 
 
 ART, A principle put in practice, and 
 applied to some art, machine, manufacture, 
 or composition of matter. 4 Mason (U. S.) 1. 
 See Act Cong. July 4, 1836, I 6. 
 
 Copper-plate printing on the back of a 
 banknote is an art for which a patent may 
 be granted. 4 Wash. C. C. (U. S.) 9. 
 
 ART AND PART. In Scotch law. The 
 offense committed by one who aids and 
 assists the commission of a crime, but who 
 is not the principal or chief actor in its 
 actual commission. An accessary; a prin- 
 cipal in the second degree. Paterson, Comp. 
 
 ART, WORDS OF. Words used in their 
 technical sense; sometimes words which 
 bear such a sense, without regard to the 
 correctness of their use. 
 
 ARTHEL (properly ARDDELW, or ARD- 
 del). In Welsh and old English law. To 
 avouch. Cowell. 
 
 Used, also, as a substantive. Thus, in 
 the laws of Hoel Dha it was provided that 
 if a man were taken with stolen goods, he 
 must be allowed a lawful arddelio (vouchee) 
 to clear him of his felony. This was abol- 
 ished by St. 26 Hen. VIII. c. 6. Blount. 
 
 ARTICLE. A distinct part of an instru- 
 ment, consisting of two or more particulars. 
 Hence systems of rules and instruments 
 composed of various particulars, or arrang- 
 ed in several divisions, are called "articles." 
 The term was anciently applied to statutes 
 drawn in this form. 
 
 In French Law. A point. 
 
 In English Ecclesiastical Law. A 
 charge or libel. The introductory part of 
 such a pleading is: "We article and object," 
 etc. 
 
 In Scotch Practice. A subject or 
 
 matter, "Article of dittay." 1 Brown, 62, 
 
 ARTICLED CLERK. One who binds 
 himself by articles to serve in the office of 
 a solicitor, in consideration of receiving 
 instruction. 
 
 ARTICLES APPROBATORY. In Scotch 
 law. That part of the proceedings which 
 corresponds to the answer to the charge 
 in an English bill in chancery. PatersoUt 
 Comp. 
 
 ARTICLES IMPROBATORV, In Scotch 
 law. Articulate averments setting forth 
 the facts relied upon. Bell, Diet. 
 
 That part of the proceedings which cor- 
 responds to the charge in our English bill 
 in chancery to set aside a deed. Paterson, 
 Comp. The answer is called "articles ap- 
 probatory." 
 
 ARTICLES, LORDS OF. A committee 
 of the Scotch parliament, which, in the 
 mode of its election, and by the nature of its 
 powers, was calculated to increase the in- 
 fluence of the crown, and to confer upon it 
 a power equivalent to that of a negative 
 before debate. .This system appeared in- 
 consistent with the freedom of parliament, 
 and at the revolution the convention of es- 
 tates declared it a grievance, and accord- 
 
ARTICLES OF AGREEMENT 
 
 72 
 
 ARURA 
 
 ingly It was suppressed by Act 1690, c. 3. 
 Wharton. 
 
 ARTICLES OF AGREEMENT. A writ- 
 ten memorandum of the terms of an agree- 
 ment. 
 
 ARTICLES OF CONFEDERATION. The 
 
 title of the compact which was made by 
 the thirteen original states of the United 
 States of America. 
 
 ARTICLES OF FAITH. See "Articles of 
 Religion." 
 
 ARTICLES OF IMPEACHMENT. A writ- 
 ten allegation of the causes for impeach- 
 ment. 
 
 They are called by Blackstone a kind of 
 bill of indictment, and perform the same 
 office which an indictment does in a com- 
 mon criminal case. They do not usually 
 pursue the strict form and accuracy of an 
 indictment, but are sometimes quite general 
 in the form of the allegations. Wooddeson, 
 Lect. 605; Comyn, Dig. "Parliament" (L 
 21); Story, Const. § 806. 
 
 ARTICLES OF INCORPORATION. The 
 papers drawn up by or on behalf of the 
 incorporators of a proposed corporation to 
 be presented for approval to some ofBcer or 
 court. 
 
 ARTICLES OF PARTNERSHIP. A writ- 
 ten agreement by which the parties enter 
 into a partnership upon the conditions 
 therein mentioned. These ate to be dis- 
 tinguished from agreements to enter into 
 a partnership at a future time. 
 
 ARTICLES OF RELIGION. The "Thirty- 
 Nine Articles" of religious dogma drawn up 
 in the reign of James I, and approved by 
 him. 
 
 ARTICLES OF ROUP. In Scotch law. 
 The conditions under which property is of- 
 fered for sale at auction. Peterson, Comp. 
 
 ARTICLES OF SET. In Scotch law. 
 An agreement for a lease. Paterson, Comp. 
 
 ARTICLES OF THE CLERGY. See 
 "Articuli Cleri." 
 
 ARTICLES OF THE NAVY. A system 
 of rules for the government of the navy. 
 
 ARTICLES OF THE PEACE. A com- 
 plaint made before a court of competent 
 jurisdiction by one who has just cause to 
 fear that an injury to his person or prop- 
 erty is about to be committed or caused by 
 the party complained of, alleging the causes 
 of his belief, and asking the protection of 
 the court. 
 
 The object of articles is to compel the 
 party complained of to find sureties of the 
 peace. 
 
 ARTICLES OF UNION. Articles, twenty- 
 five in number, adopted by the parliaments 
 
 of England and Scotland in 1707, and tak- 
 ing effect May 1st of that year, for the 
 union of the two countries. 1 Bl. Comm, 96. 
 
 ARTICLES OF WAR. The code of laws 
 established for the government of the army. 
 
 The term is used in this sense both in 
 England and the United States. The term 
 also includes the code established for the 
 government of the navy. See Acts April 
 23, 1800, and April 10, 1806, and 22 Geo. 
 II. c. 33; 19 Geo. III. c. 17; 37 Geo. III. cc. 
 70, 71; 47 Geo. III. c. 71. See "Martial" 
 Law." 
 
 ARTICULATE ADJUDICATION. In Scotch 
 law. Separate adjudication for each of sev- 
 eral claims of a creditor. It is so made in 
 order that a mistake in accumulating one 
 debt need not affect. the proceedings on other 
 claims which are correctly accumulated. 
 
 ARTICULI (Lat.) Articles; Items or 
 heads. A term applied to some old English 
 statutes, and occasionally to treatises.' 
 
 ARTICULI CLERI. Articles of the clergy; 
 the title of a statute passed in the ninth 
 year of Edw. II. to adjust questions of cog- 
 nizance between the ecclesiastical and tem- 
 poral courts. 2 Reeve, Hist. Eng. Law, 291; 
 2 Inst. 599. 
 
 ARTICULI DE MONETA. Articles con- 
 cerning money, or the currency. The title 
 of a statute passed in the twentieth year 
 of Edward I. 2 Reeve, Hist. Eng. Law, 
 228; Crabb, Hist. Eng. Law (Am. Ed.) 167. 
 
 ARTICULI MAGNAE CHARTAE. The 
 preliminary articles, forty-nine in number, 
 upon which the Magna Charta was founded. 
 
 ARTICULI SUPER CHARTAS. St. 28 
 
 Edward I. st. 3, confirming and enlarging 
 Magna Charta, and the Cha/rta de Foresta. 
 2 Reeve, Hist. Eng. Law, 103, 233. 
 
 ARTICULO MORTIS. See "In Articulo 
 Mortis." 
 
 ARTIFICER. One by whom something 
 is made. 4 Strobh. (S. C.) 365. 
 A skilled workman. 13 Q. B. Div. 832. 
 
 ARTIFICIAL. Having Its existence In 
 the given manner by virtue of or in consid- 
 eration only of the law. 
 
 An artificial person is a body, company, 
 or corporation considered in law as an in- 
 dividual. 
 
 ARTIFICIAL PRESUMPTIONS. In the 
 
 law of evidence. Presumptions (otherwise 
 termed "legal") which derive from the law 
 a technical or artificial operation and ef- 
 fect beyond their mere natural tendency to 
 produce belief. 3 Starkie, Ev. 1235. 
 
 ARURA. Days' work at ploughing, 
 
AS 
 
 78 
 
 ASSACH or ASSATH 
 
 AS (Lat.) A pound. It was composed 
 of twelve ounces. The parts were reckon- 
 ed, as may be seen in the law, servum de 
 haeredibus (Inst. lib. 13, Pandect) as fol- 
 lows: Uncia, 1 ounce; sextans, 2 ounces; 
 triens, 3 ounces; quadrans, 4 ounces; quin- 
 cunx, 5 ounces; semis, 6 ounces; septunx, 7 
 ounces; bes, 8 ounces; dodrans, 9 ounces; 
 dextoMS, 10 ounces; deunx, 11 ounces. 
 
 The whole of a thing, solidum quid. Thus, 
 OS signified the whole of an inheritance, so 
 that an heii ex osse was an heir of the whole 
 inheritance. An heir ex triente, ex semisse, 
 ex besse, or ex deunce was an heir of one- 
 third, one-half, two-thirds, or eleven- 
 twelfths. 
 
 AS NEAR AS MAY BE. A statute 
 providing that procedure in a named 
 case shall conform "as near as may 
 be" to those in another named case 
 does not mean "as near as may be pos- 
 sible," or "as near as may be practicable," 
 or require a strict compliance with the re- 
 quirements of the latter named act, but 
 is merely directory and advisory, and to 
 be construed as contemplating some va- 
 riation from the prescribed course, leav- 
 ,ing it to the discretion of the court to re- 
 ject such of the provisions of the act re- 
 ferred to as are not strictly applicable to 
 the character of the proceedings involved. 
 173 111. 600; 149 111. App. 498. 
 
 AS THEIR INTEREST MAY APPEAR. 
 The expression "as their interest may ap- 
 pear," used in a fire insurance policy re- 
 lating to the interest of a mortgagee, has 
 relation to and contemplates an insurable 
 interest in the mortgagee which exists at 
 the time the contract was made, and has 
 no application to any new interest not then 
 in existence, such as a simple contract in- 
 debtedness Incurred by the mortgagor to the 
 mortgagee and not secured by the mortgage. 
 94 111. App. 499. 
 
 ASCENDANTS (Lat. aseendere, to ascend, 
 to go up to, to climb up to). Those from 
 whom a person is descended, or from whom 
 he derives his birth, however remote they 
 may be. 
 
 Every one has two ascendants at the 
 first degree, his father and mother; four at 
 the second degree, his paternal grand- 
 father and grandmother, and his maternal 
 grandfather and grandmother; eight at the 
 third. Thus, in going up we ascend by va- 
 rious lines, which fork at every generation. 
 By this progress, sixteen ascendants are 
 found at the fourth degree; thirty-two at 
 the fifth; sixty-four, at the sixth; one hun- 
 dred and twenty-eight, at the seventh; and 
 so on. By this progressive increase, a per- 
 son has at the twenty-fifth generation 
 thirty-three million five hundred and fifty- 
 four thousand four hundred and thirty-two 
 . ascendants. But, as many of the ascendants 
 of a person have descended from the same 
 
 ancestor, the lines which were forked re- 
 unite to the first common ancestor, from 
 whom the other descends; and this multi- 
 plication, thus frequently interrupted by 
 the common ancestors, may be reduced to 
 a few persons. 
 
 ASCEND I ENTES. In Spanish law. As- 
 cendants; ascending heirs; heirs in the as- 
 cending line. White, New Recop. bk. 1, tit. 
 7, c. 3, note; Schmidt, Civ. Law, 259. 
 
 ASCERTAIN. To make certain to the 
 mind; to free from obscurity, doubt or 
 chance; to make sure of; fix; to deter- 
 mine. 246 III. 229. 
 
 To make sure or certain; fix; to estab- 
 lish; to determine; to settle. 95 111. 650. 
 
 ASCRIPTITIUS. One enrolled; foreign- 
 ers who have been enrolled. Among the 
 Romans, ascriptitii were foreigners who had 
 been naturalized, and who had in general 
 the same rights as natives. Nov. 22, c. 17; 
 Code, 11. 47. Ascriptitii is the plural. See 
 "Adscriptitii." 
 
 ASPECT. View of possibility. A plead- 
 ing "with a double aspect" is one based on 
 alternative hypotheses of fact. 
 
 ASPHYXIA. In medical jurisprudence. 
 A temporary suspension of the motion of 
 the heart and arteries; swooning; faint- 
 ing. 
 
 ASPORTATION. Carrying away. A com- 
 mon-law ingredient of larceny. "There must 
 be such a caption that the accused acquires 
 dominion over the property, followed by 
 such an asportation or carrying away as to 
 supersede the possession of the owner for an 
 appreciable period of time." 94 Ala. 535. 
 
 Thus it has been held not larceny to 
 merely set a" package of goods on end, with 
 intent to steal it in the future (1 Leg. C. 
 C. 237) , or to touch a pocketbook in an- 
 other's pocket without removing it (99 
 Mass. 431), or to attempt to carry away 
 property which is attached by a chain to 
 the person of the owner (1 Leg. C. C. 321). 
 On the other hand, the slightest asportation 
 is sufficient, and it has been held larceny 
 to remove a package from one end of a 
 wagon to the other (1 Leg. C. C. 236), or 
 to partly lift money from a pocket, though 
 it was dropped before being entirely re- 
 moved (1 Moody, C. C. 78; 20 Ohio St. 508). 
 
 The asportation need not be by the hand 
 oJ the trespasser; a carrying away by an 
 innocent agent (125 Mass. 390), or by me- 
 chanical means, as by fraudulently connect- 
 ing a private pipe with gas mains (1 Cox, 
 C. C. 213) , being sufficient. 
 
 ASPORTAVIT. He carried away. See 
 "Asportation." 
 
 ASSACH, or ASSATH. In old Welsh law. 
 An oath made by compurgators. Applied 
 in St. 1 Hen. V. c. 6, to the Welsh custom 
 
ASSART or ESSART 
 
 14, 
 
 ASSENT 
 
 of clearing one accused of homicide by the 
 oaths of three hundred persons. 
 
 The origin and exact meaning of the 
 term is uncertain, and Mr. Barrington could 
 onjy collect its meaning from the above 
 statute. Barr. Obs. St. 882. 
 
 ASSART, or ESSART. In English forest 
 and ecclesiastical law. The offense of pull- 
 ing up by the roots the woods that are 
 thickets and coverts for the deer, and mak- 
 ing them clear as arable land. Manw. For. 
 Law, p. 2, e. 9, note 1; Cowell; 1 Crabb, 
 Real Prop. pp. 486, 487, § 627. 
 
 Written, in the law Latin, dssartum, in 
 Bracton and Pleta, and essartum, in the 
 Charta de Foresta and the Black Book of 
 the Exchequer. 
 
 ASSASSINATION. Murder committed for 
 hire, without provocation or cause of re- 
 sentment given to the murderer by the 
 person upon whom the crime is committed. 
 Ersk. Inst. bk. 4, tit. 4, note 45. 
 
 A murder committed treacherously, with 
 advantage of time, place, or other circum- 
 stances. 
 
 In modern usage, at least, it is not a 
 technical term of the law of homicide. 
 
 ASSATH, or ASSAITH, See "Assach." 
 
 ASSAULT. An unlawful offer or attempt 
 with force or violence to do a corporal hurt 
 to another. It may consist of any act tend- 
 ing to such injury, and accompanied by such 
 circumstances as denote an intention and 
 a present ability of personal violence. 1 
 Hill (N. Y.) 351. 
 
 Force unlawfully directed or applied to 
 the person of another under such circum- 
 stances as to cause a well-founded appre- 
 hension of immediate peril. 
 
 Aggravated assault is one committed with 
 the intention of committing some additional 
 crime, or under circumstances of peculiar 
 turpitude. 
 
 Simple assault is one committed with no 
 intention to do any other injury. 
 
 Assault is generally coupled with battery, 
 and for the excellent practical reason that 
 they generally go together; but the assault 
 is rather the initiation or offer to commit 
 the act of which the battery is the consum- 
 mation. An assault is included in every 
 battery. 1 Hawk. P. C. c. 62, § 1. 
 
 Mere words do not constitute an assault 
 (59 Ind. 300), but some overt act is re- 
 quired (55 Hun [N. Y.] 214). 
 
 ASSAY. The proof or trial of the purity 
 or fineness of metals, particularly the pre- 
 cious metals, gold and silver, 
 
 ASSAY OFFICE. An establishment, or 
 department, in which the manipulations at 
 tending the assay of bullion and coins are 
 conducted. See "Assay." 
 
 ASSAYER OF THE KING. An officer of 
 the royal mint, appointed by St. 2 Hen. VI. 
 
 c. 12, who received and tested the bullion 
 taken in for coining. Also called asaaya,- 
 tor regis. Cowell; Termes de la Ley. 
 
 ASSECURARE (Lat.) To assure; to 
 make secure by pledges, or any solemn in- 
 terposition of faith. Spelman; Cowell. 
 
 ASSECURATION. In European law. 
 Assurance; insurance of a vessel, freight, 
 or cargo. Opposition to the decree of Gre- 
 noble. Ferriere. 
 
 ASSECURATOR. An insurer. 
 
 ASSEDATION. In Scotch law. An old 
 term, used indiscriminately to signify a 
 lease or feu-right. Bell, Diet.; Ersk. Inst, 
 lib. 2, tit. 6, § 20. 
 
 ASSEMBLY. The meeting of a number 
 of persons in the same place. 
 
 -^Political Assemblies. Those required 
 by the constitution and laws. For example, 
 the general assembly, which includes the 
 senate and house of representatives. The 
 meeting of the electors of the president and 
 vice-president of the United States may 
 also be called an assembly. 
 
 —^Popular Assemblies. Those where the 
 people meet to deliberate upon their rights. 
 These are guaranteed by the 'constitution. 
 Const. U. S. Amend, art. 1. 
 
 ——Unlawful Assemhiy. The meeting of 
 three or more persons to do an unlawful 
 act, although they may not carry their pur- 
 pose into execution. It differs from a riot 
 or rout because in each of the latter cases 
 there is some act done besides the simple 
 meeting. See 1 Ired. (N. C.) 30; 9 Car. & 
 P. 91, 431; 5 Car. & P. 154; 1 Bish. Grim. 
 Law, § 395; 2 Bish. Crim. Law, §§ 1039, 
 1040. 
 
 ASSEIVIBLY GENERAL. The supreme ec- 
 clesiastical court in Scotland. 
 
 ASSENT. Approval of something done. 
 An undertaking to do something in com- 
 pliance with a request. 
 
 In* strictness, "assent" is to be distinguish- 
 ed from "consent," which denotes a willing- 
 ness that something about to be done be 
 done; "acceptance," compliance with, or 
 receipt of, something offered; "ratification," 
 rendering valid something done without au- 
 thority; and "approval," an expression of 
 satisfaction with some act done for the 
 benefit of another besides the party approv- 
 ing. But in practice the term is often used 
 in the sense of acceptance and approval. 
 Thus, an offer is said to be assented to, al- 
 though properly an offer and acceptance 
 complete an agreement. It is apprehended 
 that this confusion has arisen from the fact 
 that a request, assent, and concurrence of 
 the party requesting complete a contract 
 as fully as an offer and acceptance. Thus, 
 it is said there must be a request on one 
 side, and assent on the other, in every con- 
 tract (5 Bing. N. C. 75), and this assent be- 
 
ASSERTORY COVENANT 
 
 75 
 
 ASSIGNAY or ASSIGNEY 
 
 comes a promise enforceable by the party 
 requesting, when he has done anything to 
 entitle him to the right. Assent thus be- 
 comes in reality (so far as it is assent 
 merely, and not acceptance) an offer made 
 in response to a request. Assent and ap- 
 proval as applied to acts of parliament and 
 of congress, have become confounded, from 
 the fact that the bills of parliament were 
 originally requests from parliament to the 
 king. See 1 Bl. Comm. 183. 
 
 Express assent is that which is openly 
 declared. 
 
 Implied assent is that which is presumed 
 by law. 
 
 ASSERTORY COVENANT. One which 
 asserts or warrants the existence of a 
 particular state of facts. 
 
 ASSESS. To rate or fix the proportion 
 which every person has to pay of any par- 
 ticular tax. 
 
 To tax. 
 
 To adjust the shares of a contribution by 
 several towards a common beneficial object, 
 according to the benefit received. 
 
 To fix the value of; to fix the amount of. 
 
 ASSESSMENT. Determining the value 
 of a man's property or occupation for the 
 purpose of levying a tax. 
 
 Determining the share of a tax to be paid 
 by each individual. 
 
 Laying a tax. 
 
 Adjusting the shares of a contribution by 
 several towards a common beneficial object, 
 according to the benefit received. The term 
 is used in this latter sense in New York, 
 distinguishing some kinds of local taxation, 
 whereby a peculiar benefit arises to the par- 
 ties, from general taxation. 11 Johns. (N. 
 Y.) 77; 3 Wend. (N. Y.) 263; 4 Hill (N. 
 Y.) 76; 4 N. Y. 419. 
 
 Of Damages. Fixing the amount of 
 
 damages to which the prevailing party in 
 a suit is entitled. It may be done by the 
 court through its proper officer, the clerk 
 or prothonotary, where the assessment is 
 a mere matter of calculation, but must be 
 by a jury in other cases. See "Damages." 
 -^— In Insurance. An apportionment 
 made in general average upon the various 
 articles and interests at risk, according to 
 their value at the time and place of being 
 in safety, for contribution for damage and 
 sacrifices purposely made, and expenses in- 
 curred for escape from impending common 
 peril. 2 Phil. Ins. c. 25. 
 
 ASSESSORS. Those appointed to make 
 assessments. 
 
 rin Civil and Scotch Law. Persons 
 
 skilled in law, selected to advise the judges 
 of the inferior courts. Bell, Diet.; Dig. 1. 
 22; Code, 1. 51. 
 
 ASSETS (Fr. assez, enough). All the 
 Stock in trade, cash, and all available prop- 
 erty belonging to a merchant or company. 
 
 Equivalent to "property." 2 Sandf. (N. 
 Y.) 202. 
 
 The property in the hands of an heir, ex- 
 ecutor, administrator, or trustee, which is 
 legally or equitably chargeable with the 
 obligations which such heir, executor, ad- 
 ministrator, or other trustee is, as such, re- 
 quired to discharge. 
 
 Equitable Assets. Such as can be 
 reached only by the aid of a court of equity, 
 and which are to be divided, pari passu, 
 among all the creditors. 2 Fonbl. Eq. 401 
 et seq.; Willis, Trustees, 118. 
 
 Legal Assets. Such as constitute the 
 
 fund for the payment of debts according to 
 their legal priority. 
 
 Assets per Descent. That portion of 
 
 the ancestor's estate which descends to the 
 heir, and which is suflScient to charge him, 
 as far as it goes, with the specialty debts 
 of his ancestors. 2 Williams, Ex'rs, 1011. 
 
 Personal Assets. Goods and personal 
 
 chattels to which the executor or adminis- 
 trator is entitled. 
 
 Real Assets. Such as descend to the 
 
 heir, as, an estate in fee simple. 
 
 ASSETS ENTRE IVIAINS (Law Fr.) As- 
 sets in hand; assets in the hands of execu- 
 tors or administrators, applicable for the 
 payment of debts. Termes de la Ley; 2 
 Bl. Comm. 510; 1 Crabb, Real Prop. p. 23, 
 § 31. Called, in modern law, "personal as- 
 sets." 
 
 ASSEVERATION. The proof which a 
 man gives of the truth of what he says, by 
 appealing to his conscie^ice as a witness. 
 It differs from an oath in this, that by the 
 latter he appeals to God as a witness of 
 the truth of what he says, and invokes 
 him, as the avenger of falsehood and perfidy, 
 to punish him if he speaks not the truth. 
 See "Affirmation;" "Oath." 
 
 ASSEWIARE (Law Lat.) In old records. 
 To draw or drain out water from marshy 
 grounds. Cowell; Blount. 
 
 ASSIGN. To make or set over to another. 
 Cowell; 2 Bl. Comm. 326; 5 Johns. (N. Y.) 
 391. 
 
 To appoint; to select; to allot. 3 Bl. 
 Comm. 58. 
 
 To set forth; to point out; as, to assign 
 errors. Fitzh. Nat. Brev. 19. 
 
 ASSIGNATION, In Scotch law. Assign- 
 ment, (q. V.) 
 
 ASSIGNATUS UTITUR JURE AUCTO- 
 ris. An assignor is clothed with the rights 
 of his principal. Halk. Max. 14; Broom, 
 Leg. Max. (3d London Ed.) 416, 416, 423, 
 425; Wingate, Max. p. 56; 1 Exch. 32; 18 
 Q. B. 878. 
 
 ASSIGNAY, or ASSIGNEY. In Scotch 
 law. An assignee. "Airis and Assignais," 
 1 Pitc. Crim. Tr. p. 342; "Aires or Assig- 
 neys," 5 Bell, App. Cas. 83. "Assignay" 
 (Law Fr.) occurs in Y. B. M. 7 Edw. III. 5. 
 
ASSIGNEE 
 
 7« 
 
 ASSISA DE UTRUM 
 
 ASSIGNEE. One to whom an assign 
 ment has been made. 
 
 Assignee in fact is one to whom an as- 
 signment has been made in fact by the 
 party having the right. 
 
 Assignee in law is one in whom the law 
 vests the right; as, an executor or adminis- 
 trator. See "Assignment." 
 
 ASSIGNMENT (Law Lat. assignatio, from 
 assigno, — ad and signum, — to mark for; to 
 appoint to one; to appropriate to). At com- 
 mon law. "The transferring and setting 
 over to another of some right, title, or inter- 
 est in things in which a third party, not a 
 party to the assignment, has a concern and 
 interest." 1 Bac. Abr. 329; 1 Iowa, 582. 
 
 It is more loosely used to indicate any 
 transfer or making over to another of the 
 whole of any property, real or personal, in 
 possession or in action, or of any estate or 
 right therem. 35 Fed. 436; 78 Iowa, 101; 
 3 Minn, 389 (Gil. 282) ; 16 Barb. (N. Y.) 
 580. 
 
 ASSIGNMENT FOR BENEFIT OF CRED- 
 itors. An assignment by an insolvent debt- 
 or of his property, in trust for the distribu- 
 tion of such property among the assignor's 
 creditors. 
 
 ASSIGNMENT OF DOWER. The act by 
 which the share of a widow in her deceased 
 husband's real estate is ascertained and 
 set apart to her. 
 
 The assignment may be made in pais by 
 the heir or his guardian, or the devisee or 
 other persons seised of the lands subject to 
 dower (19 N. H. 240; 23 Pick. [Mass.] 80, 
 88; 4 Ala. [N. S.] 160; 4 Me. 67; 2 Ind. 388; 
 White & T. Lead. Cas. 51), or it may be 
 made after a course of judicial proceedings, 
 where a voluntary assignment is refused. 
 In this case, the assignment will be made 
 by the sheriff, who will set off her share 
 by metes and bounds. 2 Bl. Comm. 136; 1 
 Washb. Real Prop. 229. The assignment 
 should be made within forty days after the 
 death of the husband, during which time 
 the widow shall remain in her husband's 
 capital mansion house. 
 
 ASSIGNMENT OF ERRORS. In practice. 
 The statement of the case of the plaintiff 
 in error on a writ of error setting forth the 
 errors complained of. It corresponds with 
 the declaration in an ordinary action. 2 
 Tidd, Prac. 1168; 3 Steph. Comm. 644. 
 
 In those etates in which the remedy by 
 appeal is extended to actions at law and 
 criminal prosecutions, the assignment of 
 errors is a schedule of the errors complain- 
 ed of, filed by appellant, and usually pre- 
 fixed to his brief. 
 
 ASSIGNOR. One who makes an assign- 
 ment; one who transfers property to an- 
 other. 
 
 ASSIGNS. Assignees; those to whom 
 property shall have been transferred. Now 
 seldom used except in the phrase, in deeds, 
 "heirs, administrators, and assigns." 
 
 As used in a covenant to convey land it 
 is not confined to assignees of the contract, 
 but includes grantees. (156 111. 210), and 
 as used in a deed it includes tenants for 
 years. (118 111. App. 57). 
 
 ASSISA (Lat. assidere). A kind of jury 
 or inquest. Assisa vertitur in juratum, the 
 assize has been turned into a jury. See 
 "Assize." 
 
 A writ, as, an assize of ngvel disseisin, 
 assize of common pasture. 
 
 An ordinance, as assisa panis. Spelman; 
 Litt. § 234; 3 Sharswood, Bl. Comm. 402. 
 
 A fixed specific time, sum, or quantity; a 
 tribute; tax fixed by law; a fine. Spelman. 
 
 ASSISA ARMORUM. A statute ordering 
 the keeping arms. 
 
 ASSISA CADERE. To be nonsuited. 
 Cowell; 3 Bl. Comm. 402. 
 
 ASSISA CONTINUANDA. A writ for 
 the continuation of the assize to allow the 
 production of papers. Reg. Orig. 217. 
 
 ASSISA DE CLARENDON. The statute 
 of Clarendon, passed 10 Hen. II., allowing 
 an additional time for preparation to per- 
 sons compelled to abjure the realm. See 
 "Abjuration." 
 
 ASSISA DE FORESTA. Assize of the for- 
 est (q. V.) 
 
 ASSISA DE MENSURIS (Law Lat.) As- 
 size of measures. A common rule for 
 weights and measures, established through- 
 out England by Richard L, in tiie eighth 
 year of his reign. Hale, Hist. Com. Law, c. 7. 
 
 ASSISA DE NOCUMENTO. Assize of 
 nuisance. In old English practice, a writ 
 which lay to remove a nuisance, and re- 
 cover damages. 3 Bl. Comm. 221, 222; Reg. 
 Orig. 197b. Now abolished with the other 
 real actions. 
 
 ASSISA DE UTRUM (assize of tTtrum). 
 In old English practice. An assize, other- 
 wise called a writ of juris utrum, which 
 lay for a parson or prebendary at common 
 law, and for a vicar by St. 14 Edw. III. c. 
 17, to recover lands and tenements belong- 
 ing to the church, which were alienated 
 by the predecessor, or of which he was 
 disseised, or which were recovered against 
 him by verdict, confession, or default, 
 without praying in aid of the patron and 
 ordinary, or on which any person had in- 
 truded since the predecessor's death. 3 
 Bl. Comm. 253; Roscoe, Real Actions* 74; 
 Bracton, lib. 4, tr. 5; Fleta, lib, 5, c. 20. It 
 derived its name from the emphatic word 
 in the writ by which the jury were required 
 to determine "whether" {utrwm) the tene,- 
 
ASSISA FRISCAE FORTIAE 
 
 77 
 
 ASSIZE OF FRESH FORCE 
 
 ments in question were frankalmoign be- 
 longing to the church of the demandant, or 
 the lay fee of the defendant. Bracton, fol. 
 286; Reg. Orig. 32b. The writ has long 
 been obsolete, principally because of the 
 restraining statute of 13 Eliz. c. 10. 3 Bl. 
 Comm. 253. 
 
 ASSISA FRISCAE FORTIAE. Assize ot 
 fresh force (g. v.) 
 
 ASSISA MORTIS ANTECESSORIS (Law 
 Lat.) Assise of mort d'ancestor (q. v.) Brac- 
 ton, lib. 4, tr. 3; Fleta, lib. 4, c. 1; Id. lib. 
 5, c. 1. Called, also, assisa de morte ante- 
 cessoris. 
 
 ASSISA MORTIS D'ANCESTORIS. As- 
 size of mort d'ancestor (q. v.) 
 
 ASSISA NOVAE DISSEYSINAE. Assize 
 of novel disseisin {q. v.) 
 
 ASSISA PAN IS ET CEREVISLAE (Law 
 Lat.) Assize of bread and ale, or beer. 
 The name of a statute passed in the fifty- 
 first year of Henry III., containing regula- 
 tions for the sale of bread and ale; some- 
 times called the "statute of bread and 
 ale." Co. Litt. 159b; 2 Reeve, Hist. Eng. 
 Law, 56; Cowell; Bracton, fol. 155; Barr. 
 Obs. St. 52. The particular provisions of 
 this statute, which are very minute, may 
 be found in Britton and Fleta. Britt. c. 
 30; Fleta, lib. 2, cc. 9, 11. Spelman con- 
 siders the statutes passing under the names 
 of assisa panis, assisa vini et cervisiae, 
 etc., to belong to an earlier period. 
 
 The power or privilege of assising or 
 adjusting the weights and measures of 
 bread and beer. Cowell. 
 
 ASSISA PROROGANDA. A writ to stay 
 proceedings where one of the parties is en- 
 gaged in a suit of the king. Reg. Orig. 208. 
 
 ASSISA ULTIMAE PRAESENTATIONIS. 
 
 Assize of darrein presentment. 
 
 ASSISA VENALIUM. Statutes regulating 
 the sale of certain articles. Spelman. 
 
 ASSISORS. In Scotch law. Jurors. 
 
 ASSISTANCE. See "Writ of Assist- 
 ance." 
 
 ASSISUS (Lat. from assidere, to fix or set- 
 tle). In old English law. Fixed or certain. 
 Assisus reditus, a fixed, certain, or pending 
 rent. Kennett, Par. Ant. 314, 335. Called 
 "rent of assize." 2 Bl. Comm. 42. Terra 
 assisa, land let or farmed out for a certain 
 assessed rent. Cowell. 
 
 ASSITHMENT. Compensation by a pe- 
 cuniary mulct. Cowell. 
 
 ASSIZE (Lat. assidere, to sit by or near, 
 through the Fr. assisa, a session). 
 
 ——In EngJIsh Law. A writ directed to 
 the sheriff for the recovery of immovable 
 
 property, corporeal or incorporeal. Cowell; 
 Litt. § 234. 
 
 The action or proceedings in court based 
 upon such a writ. Magna Charta, c. 12; St. 
 13 Edw. I. (Westminster II.) c. 25; 3 Bl. 
 Comm. 67, 262; Sellon, Prac. Introd. xii. 
 
 Such actions were to be tried by special 
 courts, of which the judicial officers were 
 justices of assize. See "Courts of Assize 
 and Nisi Prius." This form of remedy is 
 said to have been introduced by the parlia- 
 ment of Northampton (or Nottingham, A. 
 D. 1176), for the purpose of trying titles 
 to land in a more certain and expeditious 
 manner before commissioners appointed by 
 the crown than before the suitors in the 
 county court or the king's justiciars in the 
 aula regis. The action is properly a mixed 
 action, whereby the plaintiff recovers his 
 land and damages for the injury sustained 
 by the disseisin. The value of the action 
 as a means for the recovery of land led 
 to its general adoption for that purpose; 
 those who had suffered injury not really 
 amounting to a disseisin alleging a disseisin 
 to entitle themselves to the remedy. The 
 scope of the remedy was also extended so 
 as to allow the recovery of incorporeal 
 hereditaments, as franchises, estovers, etc. 
 It gave place to the action of ejectment, 
 and is now abolished, having been pre- 
 viously almost, if not quite, entirely dis- 
 used. St. 3 & 4 Wm. IV. c. 27, § 36. Steams, 
 Real Actions, 187. 
 
 A jury summoned by virtue of a writ of 
 assize. 
 
 The verdict or judgment of the jurors or 
 recognitors of assize. 3 Bl. Comm. 57, 69. 
 
 A court composed of an assembly of 
 knights and other substantial men, with 
 the baron or justice, in a certain place, at 
 an appointed time. Grand Coutum, cc. 24, 
 25. 
 
 An ordinance or statute. Litt. § 234; 
 Reg. Orig. 239. Anything reduced to a cer- 
 tainty in respect to number, quantity, 
 quality, weight, measure, etc. 2 Sharswood, 
 Bl. Comm. 42; Cowell; Spelman, "Assisa." 
 See the articles immediately following. 
 
 In Scotch Law. The jury, consisting 
 
 of fifteen men, in criminal cases tried in 
 the court ot judiciary. Paterson, Comp.; 
 Bell, Diet. 
 
 ASSIZE OF DARREIN PRESENTMENT. 
 A writ of assize which formerly lay for 
 a person who had himself, or whose an- 
 cestors had upon the last preceding avoid- 
 ance, presented a clerk to a benefice where 
 a stranger presented a clerk for the pur- 
 pose of obtaining a writ commanding the 
 bishop to institute the patron's clerk, aftd 
 to obtain damages for the interference. 3 
 Sharswood, Bl. Comm. 245; St. 13 Edw. I. 
 (Westminster II.) c. 5. It has given way 
 to the remedy by quare impedit. 
 
 ASSIZE OF FRESH FORCE. A writ of 
 assize which lay where the disseisin had 
 
ASSIZE OP MORT D'ANCESTOR 
 
 78 
 
 ASSUMED RISKS 
 
 been committed within forty days. Fitzh. 
 Nat. Brev. 7. 
 
 ASSIZE OF MORT D'ANCESTOR. A 
 
 writ of assize which lay to recover posses- 
 sion of lands against an abator or his 
 alienee. It lay where the ancestor from 
 whom the claimant derived title died seised. 
 Cowell; Spelman; 3 Sharswood, Bl. Comm. 
 185. 
 
 ASSIZE OF NOVEL DISSEISIN. A writ 
 of assize which lay where the claimant 
 had been lately disseised. The action 
 must have been brought subsequent to the 
 next preceding session of the eyre or cir- 
 cuit of justices which took place once in 
 seven years. Co. Litt. 153; Booth, Real 
 Actions, 210. 
 
 ASSIZE OF NUISANCE. A writ of as- 
 size which lay where a nuisance had been 
 committed to the complainant's freehold. 
 
 The complainant alleged some particular 
 fact done which worked an injury to his 
 freehold (ad nocumentum liberi tenementi 
 sui), and, if successful, recovered judg- 
 ment for the abatement of the nuisance, 
 and also for damages. Fitzh. Nat. Brev. 
 183; 3 Sharswood, Bl. Comm. 221; 9 Coke, 
 55. 
 
 ASSIZE OF THE FOREST. A statute 
 or ordinance concerning the royal forests 
 passed in the thirty-third year of Edw. I. 
 Otherwise called Ordinatio Forestae. An- 
 other statute of the same title was passed 
 in the thirty-fourth year of Edw. I. 2 
 Roeve, Hist. Eng. Law, 104, 106; Co. Litt. 
 159b. 
 
 ASSIZE OF UTRUM. A writ of assize 
 which lay for a parson to recover lands 
 which his predecessor had improperly al- 
 lowed the church to be deprived of. 3 Bl. 
 Comm. 257. See "Assisa De Utrum." 
 
 ASSIZE RENT. The fixed or established 
 rent of the freeholders and ancient copy- 
 holders of a manor, which cannot be de- 
 parted from or varied. 2 Bl. Comm. 42. 
 
 ASSIZES., Sessions of the justices or 
 commissioners of assize. These assizes 
 are held twice in each year in each of the 
 various shires of England, with some ex- 
 ceptions, by virtue of several commissions, 
 for the trial of matters of fact in issue in 
 both civil and criminal cases. They still 
 retain the ancient name in popular language, 
 though the commission of assize is no long- 
 er issued. 3 Steph. Comm. 424, note. See 
 "Assize;" "Nisi Priua;" "Courts of Assize 
 and Nisi Prius." 
 
 ASSIZES DE JERUSALEM. A code or 
 feudal, law prepared at a general assembly 
 of lords after the conquest of Jerusalem. 
 It was compiled principally from the laws 
 and customs of France. It was reduced to 
 form by Jean d'Iblin, Comte de Japhe et 
 
 Ascalon, about the year 1290. 1 Foumel, 
 Hist, des Av. 49; 2 Dupin, Prof, des Av. 
 674-680; Steph. PI. Append, xi. 
 
 ASSOCIATED PRESS. A corporation 
 organized under the laws of the state of 
 Illinois in 1892, whose object is to buy, 
 gather and accumulate information and 
 news to vend, supply, distribute and pub- 
 lish the same; to purchase, erect, lease, 
 operate and sell telegraph and telephone 
 lines and other means of transmitting news 
 to public periodicals; to make and deal in 
 periodicals and other goods, wares and mer- 
 chandise. 184 111. 442. 
 
 ASSOCIATION. The act of a number of 
 persons in uniting for some purpose, wheth- 
 er social, business or benevolent. 
 
 The persons so joining, or the organiza- 
 tion by them formed. 
 
 Though the term covers any united ac- 
 tion, however temporary, it is generally 
 applied to a formal union under an asso- 
 ciate name, and by an agreement known 
 as "articles of association." The organiza- 
 tion resembles a corporation, but the pow- 
 ers and liabilities of its members and rep- 
 resentatives are more nearly related to 
 those of a partnership, from which they dif- 
 fer in having no delectiis personarum, and 
 in the fact that the authority as to the pub- 
 lic is in oificers, and not in the members 
 generally. See "Joint-Stock Company." 
 
 In English Law. A writ directing cer- 
 tain persons (usually the clerk and his sub- 
 ordinate officers) to associate themselves 
 with the justices and sergeants for the pur- 
 pose of taking the assizes. 3 Sharswood, 
 Bl. Comm. 59. 
 
 ASSOIL, ASSOILE, or ASSOILYIE. To 
 set free; to deliver from excommunication. 
 St. 1 Hen. IV. c. 7; Cowell. 
 
 ASSOILZIE. In Scotch law. To acquit. 
 
 ASSOYL. (Law. Fr.) To forgive; to par- 
 don; to absolve. Que Dieu assoyl, whom 
 God assoil; on whom God have mercy. 
 Kelham. 
 
 ASSUME. To take on; to undertake. 90 
 Cal. 147. To take in appearance. See 75 
 Cal. 73. 
 
 ' The word "assume," used in deeds with 
 reference to incumbrances on the property 
 conveyed, has the same meaning as if the 
 words "to pay" followed it, and amouhts 
 to a personal covenant to pay. 243 111. 557; 
 194 111. 224. 
 
 The definition of the word "assume," in 
 law, is "to take upon one's self." 194 111. 
 222; 93 111. App. 263. 
 
 ASSUMED RISKS. Risks which the law 
 implies the servant to have assumed as 
 part of his contract of employment, and for 
 injuries to the servant arising out of which 
 the master is not liable. 
 
ASSUMPSIT 
 
 79 
 
 ASTRIHILTET 
 
 ASSUMPSIT (Lat. assumere, to assume, 
 to undertake; assumpsit, he has undertak- 
 en). 
 
 In Contracts. An undertaking, eith- 
 er express or implied, to perform a parol 
 agreement. 1 Lilly, Reg. 132. 
 
 Express assumpsit is an undertaking made 
 orally by writing not under seal, or by mat- 
 ter of record, to perform an act, or to pay a 
 sum of money to another. 
 
 Implied assumpsit is an undertaking pre- 
 sumed in law to have been made by a party, 
 from his conduct, although he has not made 
 any express promise. 
 
 — .^In Practice. A form of action which 
 lies for the recovery of damages for the 
 nonperformance of a parol or simple con- 
 tract. 7 Term R. 351; 3 Johns. Cas. (N. 
 Y.) 60. 
 
 It differs from debt, since the amount 
 claimed need not be liquidated (see "Debt"), 
 and from covenant, since it does not re- 
 quire a contract under seal to support it 
 (see "Covenant"). See 4 Coke, 91; 4 Bur- 
 rows, 1008; 14 Pick. (Mass.) 428; 2 Mete. 
 (Mass.) 181. Assumpsit is one of the class 
 of actions called "actions upon the case," 
 and in the older books is called "action 
 upon the case upon assumpsit." Comyn, 
 Dig. 
 
 Special assumpsit is an action of assump- 
 sit brought upon an express contract or 
 promise. 
 
 General assumpsit, sometimes called in- 
 debitatus assumpsit, is an action of assum,p- 
 sit brought upon the promise or contract 
 implied by law in certain cases. See 2 
 Smith, Lead. Cas. (5th Am. Ed.) 14. 
 
 See "Common Counts." 
 
 ASSUMPTION. The agreement of the 
 transferee of property to pay obligations 
 of the transferer which are chargeable on 
 it. 194 111. 222. 
 
 ASSUMPTION OF RISK. A term of the 
 contract of employment, either express or 
 implied from the circumstances of the em- 
 ployment, by which the servant agrees that 
 dangers obviously incident to the discharge 
 of his duty shall be at the servant's risk. 
 
 Assumption of risk is to be distinguished 
 from contributory negligence in that the 
 first rests on the law of contracts, while 
 the latter rests on the law of torts. 
 
 ASSURANCE. 
 
 In Conveyancing. Any instrument 
 
 which confirms the title to an estate. 
 
 Legal evidence of the transfer of prop- 
 erty. 2 Bl. Comm. 294. 
 
 The term "assurances" includes, in an 
 enlarged sense, all instruments which dis- 
 pose of property, whether they be the grants 
 of private persons, or not; such are fines 
 and recoveries, and private acts of the legis- 
 lature. Eunom. Dial. 2, § 5. 
 
 In Commercial Law. A term former- 
 ly used in English maritime law, in the 
 
 sense of the modern term "insurance," and 
 still retained in policies, but otherwise ob- 
 solete. Molloy de Jur. Mar. 287. Latter- 
 ly, however, its use has been revived in 
 its application to contracts of indemnity 
 against life contingencies, which are now 
 frequently termed "assurances upon lives," 
 by way of distinction from indemnity 
 against losses by fire or at sea, etc., to 
 which the term "insurance" is particularly 
 appropriated. 3 Kent, Comm. 365. The , 
 word "assured" has always been retained in 
 its ancient sense. See "Assure." "Assur- 
 ance" is the term used in French law. Ord. 
 Mar. liv. 3, tit. 6; Emerig. Tr. des Assur. 
 
 ASSURE (Pr. assurer; law Lat. assecu- 
 ra/re, assur are). To make sure, or secure; 
 to confirm or establish; to insure. The 
 party in whose favor a contract or policy of 
 insurance has been executed is still called 
 the "assured;" the other party being termed 
 the "insurer." 2 Steph. Comm. 172. 
 
 To convey. "If one be obliged to assure 
 twenty acres of land," etc. Cro. Eliz. 665. 
 See "Assurance." 
 
 ASSURED. A person who has been in- 
 sured by some insurance company or un- 
 derwriter against losses or perils mentioned 
 in the policy of insurance. 
 
 ASSURER. An insurer; an underwriter. 
 
 ASSYTHEMENT. In Scotch law. Dam- 
 ages awarded to the relative of a murdered 
 person from the guilty party, who has not 
 been convicted and punished. Paterson, 
 Comp. 
 
 The action to recover it lies for the per- 
 sonal representatives (26 Scott. Jur. Sc. 
 156), and may be brought by collateral re- 
 lations (27 Scott. Jur. Sc. 450). 
 
 ASTIPULATION. A mutual agreement. 
 
 ASTITRARIUS HAERES. An heir ap- 
 parent who hath been, by conveyance of 
 his ancestors, placed in a dwelling house in 
 the ancestor's lifetime. Co. Litt. 8. 
 
 ASTITUTION. Arraignment (g. v.) 
 
 ASTRARIUS (from astre, a hearth). A 
 householder. 
 
 ASTRER. In old English law. A house- 
 holder, or occupant of a house or hearth. 
 Britt. 59. 
 
 ASTRICT. In Scotch law. To assign to 
 a particular mill 
 
 Used of land, the occupants of which 
 were bound to grind at a certain mill. Bell, 
 Diet.; Paterson, Comp. note 290; Ersk. 
 Inst. 2. 9. 18. 32. 
 
 ASTRIHILTET. In Saxon law. A pen- 
 alty for a wrong done by one in the king's 
 peace. The offender was to replace the 
 damage twofold. Spelman. 
 
ASTRUM 
 
 80 
 
 ATTACHMENT OP THE FOREST 
 
 ASTRUM. A house, or place of habita- 
 tion. Bracton, fol. 367b; Cowell. 
 
 ASYLUM. An institution for the protec- 
 tion or relief of the unfortunate, as an asy- 
 lum for the poor, for the deaf and dumb, 
 or for the insane. Webster. 
 
 In International Law. Refuge to a 
 
 fugitive from justice. 
 
 In old English Law. A sanctuary 
 
 .(9- «•) 
 
 AT. The word "at" is generally used as a 
 ■word of limitation, but its meaning is gov- 
 erned by the context, which determines 
 whether it is to be used in an inclusive or 
 exclusive sense. 
 
 As applied to place, it means a relation 
 of proximity to; nearness; near; about. 70 
 111. App. 242. 
 
 In its customary acceptation, the word 
 "at," used as descriptive of time, is gen- 
 erally understood to mean "at the time of," 
 —not before or after. 154 111. 247. 
 
 AT ARM'S LENGTH. As applied to 
 dealings, formality and vigilance on both 
 sides; absence of confidence or personal 
 influence. 
 
 AT BAR. Before the court; under con- 
 sideration; as the case at bar. 
 
 AT ISSUE. Whenever the parties come 
 to a point in the pleadings which is affirmed 
 on one side and denied on the other, they 
 are said to be "at issue." 215 111. 154; 136 
 111. 52. 
 
 AT LARGE. 
 
 (1) Not limited to any particular ques- 
 tion or matter. 
 
 (2) Free; unrestrained; not under cor- 
 poral control; as a ferocious animal so 
 free from restraint as to be liable to do 
 mischief. 
 
 (3) Representing no particular place or 
 district; as delegate at large. 
 
 (4) In extenso. 
 
 AT LAW. According to the course of 
 the common law; in the law. 
 
 AT SEA. Outside of port. In opposi- 
 tion to being "in port;" not in opposition 
 to being "at home." 3 Hill (N. Y.) 118. 
 
 ATHA, ATTA, ATHE, or ATTE. In Sax- 
 on law. An oath. Cowell; Spelman. 
 
 Athes, or athaa, a power or privilege of 
 exacting and administering an oath in cer- 
 tain cases. Cowell; Blount. 
 
 ATHEIST. One who does not believe in 
 the existence of a God. 
 
 ATIA. See "De Odlo et Atla." 
 
 ATILIUM (Lat.) Tackle; the rigging of 
 a ship; plough tackle. Spelman. 
 
 ATTACH. See "Apprehension." 
 
 ATTACHE. One attached to the suite 
 of an ambassador; one attached to a for- 
 eign legation. 
 
 ATTACHIAMENTA DE SPINIS ET 
 boscis. A privilege granted to the officers 
 of a forest to take to their own use thorns, 
 brush, and windfalls, within their pre-, 
 cincts. Kennett, Par. Ant. 209. 
 
 ATTACHIAMENTUM. In old English 
 law. An attachment. Attachiamenta bono- 
 rum, attachment of goods. Spelman; Reg. 
 Orig. 18. Solemnitas attachiamentorum, the 
 formality of attachments; the practice of is- 
 suing them one after another in a regular 
 series. Bracton, fol. 437. 
 
 ATTACHMENT. Taking into the cus- 
 tody of the law the person or property of 
 one already before the court, or of one 
 whom it is sought to bring before it. 
 
 A writ for the accomplishment of this 
 purpose. This is the more common sense 
 of the word. 
 
 Of Persons. A writ Issued by a 
 
 court of record, commanding the sheriff to 
 bring before it a person who has been 
 guilty of contempt of court. 
 
 Of Property. A writ issued at the 
 
 institution or during the progress of an 
 action, commanding the sheriff or other 
 proper officer to attach the property, rights, 
 credits, or effects of the defendant to sat- 
 isfy the demands of the plaintiff. 
 
 The original design of this writ was to 
 secure the appearance vf one who had dis- 
 regarded the original summons, by taking 
 possession of his property as a pledge. 3 
 Bl. Comm. 280. 
 
 By an extension of this principle, in the 
 New England states, properly attached re- 
 mains in the custody of the law after an 
 appearance, until final judgment in the suit. 
 See 7 Mass. 127. 
 
 In some states, attachments are distin- 
 guished as foreign and domestic, — ^the for- 
 mer issued against a nonresident of the 
 state, the latter against a resident. Where 
 this distinction is preserved, the foreign 
 attachment inures solely to the benefit of 
 the party suing it out; while the avails of 
 the domestic attachment may be shared 
 by other creditors, who come into court 
 and present their claims for that purpose. 
 
 ATTACHMENT OF PRIVILEGE. In 
 English law. A process by which a man, 
 by virtue of his privilege, calls another to 
 litigate in that court to which he himself 
 belongs, and who has the privilege to an- 
 swer there. 
 
 A writ issued to apprehend a person in a 
 privileged place. Termes de la Ley. 
 
 ATTACHMENT OF THE FOREST. One 
 
 of the three courts formerly held in forests. 
 The highest court was called "justice in 
 eyre's seat;" the middle, the "swainmote;" 
 and the lowest, the "attachment." Manw. 
 For. Law, 90, 99. 
 
ATTAINDER 
 
 81 
 
 ATTESTOR OF A CAUTIONER 
 
 ATTAINDER. That extinction of civil 
 rights and capacities which takes place 
 whenever a person who has committed 
 treason or felony receives sentence of death 
 for his crime. 1 Steph. Comm. 408; 1 Bish. 
 Crim. Law, § 641. 
 
 Attainder by confession is either by 
 pleading guilty at the bar before the judges, 
 and not putting one's self on one's trial by 
 a jury, or before the coroner in sanctuary, 
 when, in ancient times, the offender was 
 obliged to abjure the realm. 
 
 Attainder by verdict is when the prisoner 
 afe the bar pleads not guilty to the indict- 
 ment, and is pronounced guilty by the ver- 
 dict of the jury. 
 
 Attainder by process or outlawry is when 
 the party flies, and is subsequently out- 
 lawed. Co. Litt. 391. 
 
 The efifect of attainder upon a felon is, 
 in general terms, that all his estate, real 
 and personal, is forfeited; that his blood 
 is corrupted, and so nothing passes by in- 
 heritance to, from, or through him (1 Wm. 
 Saund. 361, note; 6 Coke, 63a, 68b; 2 Rob. 
 Ecc. 547; 24 Eng. Law & Eq. 598) ; that he 
 cannot sue in a court of justice (Co. Litt. 
 130a). See 2 Gibbett, Crim. Law; 1 Bish. 
 Crim. Law, § 641. 
 
 ATTAINDER, BILL OF. 
 
 Attainder." 
 
 See "Bill of 
 
 ATTAINT. Attainted, stained, or black- 
 ened. 
 
 A writ which lies to inquire whether a 
 jury of twelve men gave a false verdict. 
 Bracton, lib. 4, tr. 1, c. 134; Fleta, lib. 5, c. 
 22, § 8. 
 
 This latter was a trial by jury of twenty- 
 four men impanelled to try the goodness of 
 a former verdict. 3 Bl. Comm. 351 ; 3 Gilb. 
 Ev. (Lofft Ed.) 1146. See "Assize." 
 
 ATTAINT D'UNE CAUSE. In French 
 law. The gain of a suit. Estre attaint en 
 uncan cas, to be overcome in any case. Cow- 
 ell. 
 
 ATTEMPT. In criminal law. An en- 
 deavor to accomplish a crime carried beyond 
 mere preparation for it, but falling short of 
 the ultimate design. 5 Cush. (Mass.) 367. 
 The elements are (1) intent to commit a 
 crime; (2) an affirmative act in pursuance 
 of that intent, but falling short of the crime 
 intended. 1 Bish. Crim. Law, § 510. Such 
 act need not be "the last proximate act to 
 the consummation of the crime in contem- 
 plation, but it is sufficient if it be an act 
 apparently adapted to produce the result 
 intended. It must be more than mere 
 preparation." 86 Va. 382. 
 
 ATTENDANT. One who owes a duty or 
 service to another, or in some sort depends 
 upon him. Termes de la Ley. 
 
 ATTENDANT TERMS. Long leases or 
 mortgages so arranged as to protect the 
 
 title of the owner. Thus, to raise a por- 
 tion for younger children, it was quite com- 
 mon to make a mortgage to trustees. The 
 powers of these trustees were generally to 
 take possession of the estate, or to sell a 
 part of the term if the portions were not 
 duly paid. If the deed did not become 
 ipso facto void, upon payment of the por- 
 tion, a release was necessary from the 
 trustees to discharge the mortgage. If this 
 was not given, the term became an out- 
 standing satisfied term. The purchaser 
 from the heir then procured an assignment 
 of the term to trustees for his benefit, which 
 then became a satisfied term to attend the 
 inheritance, or an attendant term. These 
 terms were held attendant by the courts, 
 also, without any assignment, and operated 
 to defeat intermediate alienations to some 
 extent. There were other ways of creat- 
 ing outstanding terms besides the method 
 by mortgage, but the effect and general op- 
 eration of all these were essentially the 
 same. 1 Washb. Real Prop. 311; 4 Kent, 
 Comm. 86-93. 
 
 ATTENTAT. In the civil and canon law. 
 Anything whatsoever wrongfully innovated 
 or attempted in the suit by the judge a quo, 
 pending an appeal. 1 Add. Ecc. 22, note; 
 Ayliffe, Par. 100. 
 
 ATTERMINARE (Lat.) To put off to a 
 succeeding term; to prolong the time of 
 payment of a debt. St. Westminster II. c. 
 4; Cowell; Blount. 
 
 ATTERMINING. The granting a time or 
 term for the payment of a debt. 
 
 ATTERMOIEMENT. In canon law. A 
 making terms; a composition, as with 
 creditors. 7 Low. (U. S.) 272, 306. 
 
 ATTESTATION (Lat. ad, to, testari, to 
 witness). The act of witnessing an instru- 
 ment in writing, at the request of the party 
 making the same, and subscribing it as a 
 witness. 3 P. Wms. 254; 2 Ves. Jr. 454; 1 
 Ves. & B. 362; 3 A. K. Marsh. (Ky.) 146; 
 17 Pick. (Mass.) 373. 
 
 ATTESTATION CLAUSE. That clause 
 wherein the witnesses certify that the in- 
 strument has been executed before them, 
 and the manner of the execution of the 
 same. 
 
 ATTESTING WITNESS. One who, upon 
 being required by the parties to an in- 
 strument, signs his name to it to prove it, 
 and for the purpose of identification. 3 
 Campb. 232. 
 
 ATTESTOR OF A CAUTIONER. In 
 
 Scotch practice. A person who attests the 
 sufficiency of a cautioner, and agrees to 
 become subsidiarie liable for the debt. Bell, 
 Diet. 
 
ATTILE 
 
 AUCTION 
 
 ATTILE. In old English law. Rigging; 
 tackle. Cowell. 
 
 ATTORN. To turn over; to transfer to 
 another money or goods; to assign to some 
 particular use or service. Kennett, Par. 
 Ant. 283. 
 
 — ^In Feudal Law. Used of a lord's 
 transferring the homage and service of his 
 tenant to a new lord. Bracton, 81, 82; 1 
 Sullivan, Lect. 227. 
 
 In Modern Law. ^or the tenant of 
 
 one to acknowledge or agree that the fee 
 is in another, or that such other is his land- 
 lord. 3 A. K. Marsh. (Ky.) 611. 
 
 A valid attornment may be made to one 
 in privity with the landlord, as to the ven- 
 dee on sale of the premises, but an attorn- 
 ment to a stranger is void. 
 
 ATTORNARE. In the feudal law. To at- 
 torn. 
 
 ATTORNARE REM. To attorn or turn 
 over a thing, as money and goods, i. e., to 
 assign or appropriate them to some par- 
 ticular use and service. Kennett, Par. Ant. 
 283; Cowell. ' 
 
 ATTORNATO FACIENDO VEL RECIPI- 
 
 endo. An obsolete" writ, which command- 
 ed a sheriff or steward of a county court 
 or hundred court to receive and admit an 
 attorney to appear for the person who owed 
 suit of court. Fitzh. Nat. Brev. 156. 
 
 ATTORN E (Law Fr.) In old English 
 law. An attorney. Britt. c. 126. 
 
 ATTORNEY. One put in the place, turn, 
 or stead of another,, to manage his affairs; 
 one who manages the affairs of another 
 by direction of his principal. Spelman; 
 Termes de la Ley. 
 
 One who acts for another by virtue of an 
 appointment by the latter. 
 
 Attorney in Fact. A person to whom 
 the authority of another, who is called ihe 
 "constituent," is by him lawfully delegated. 
 
 Attorney at Law. A person licensed 
 
 to manage causes in court for the parties 
 thereto. 
 
 In England, attorneys at law are divided 
 into barristers or counsel, who are advo- 
 cates admitted to plead at the bar, and so- 
 licitors or attorneys who engage in the 
 drawing of pleadings, preparation of evi- 
 dence, etc. These latter are called "attor- 
 neys" in courts of law, "solicitors" in courts 
 of equity, and "proctors" in admiralty. 
 The distinction between barristers and at- 
 torneys or solicitors obtained for a time in 
 some of the United States, but is now 
 obsolete. 
 
 ATTORNEY GENERAL. 
 
 In English Law. A great officer, un- 
 der the king, made by letters patent, whose 
 office is to exhibit informations, and prose- 
 cute for the crown in matters criminal; to 
 
 file bills in the exchequer in any matter 
 concerning the king's revenue. Others 
 may bring bills against the kings' attorney. 
 3 Sharswood, Bl. Comm. 27; Termes de la 
 Ley. 
 
 In American Law. In each state 
 
 there is an attorney general, or similar of- 
 ficer, who appears for the people, as in 
 England he appears for the crown. 
 
 ATTORNEY GENERAL OF THE UNIT, 
 ed States. A member of the president's 
 cabinet. His duties are to prosecute and 
 conduct all suits in the supreme court in 
 which the United States shall be concerned, 
 and give his advice upon questions of law 
 when required by the president, or when 
 requested by the heads of any of the depart- 
 ments, touching matters that may concern 
 their departments. Act Sept. 24, 1789. 
 
 ATTORNEY OF THE WARDS AND 
 liveries. The third officer of the Duchy 
 court. Bac. Abr.. tit. "Attorney." 
 
 ATTORNEY'S CERTIFICATE. In Eng- 
 lish law. A certificate of the commission- 
 ers of stamps that the attorney therein 
 named has paid the annual duty. This must 
 be renewed yearly, and the penalty for prac- 
 ticing without such certificate is fifty 
 pounds. St. 37 Geo. III. c. 90, §§ 26, 28, 
 30. See, also, 7 & 8 Vict. e. 73, §§ 21-26; 16 
 & 17 Vict. c. 63. 
 
 ATTORNMENT. See "Attorn." 
 
 ATTRACTIVE NUISANCE. A machine 
 or other dangerous thing or place which is 
 especially attractive to children, who, in 
 obedience to their childish instincts, are 
 likely to be drawn to it, but which is 
 dangerous to them. 256 111. 406. 
 
 Attractive nuisances fall into two classes : 
 
 First — Where the injury results from 
 some dangerous element a part of, or in- 
 separably connected with, the alluring thing 
 or device, as in the turn-table cases. 
 
 Second — Where the attractive device or 
 thing is so located or situated that in yield- 
 ing to its allurement the child, without such 
 intervention of another element as breaks 
 the relation or cause and effect, is brought 
 directly in contact with danger from some 
 independent source which occasions the in- 
 jury. 224 111. 585. 
 
 AU BESOIN (Fr. in case of need). "An 
 
 besoin chez Messieurs a ," "In case 
 
 of need, apply to Messrs. at ." 
 
 A phrase used in the direction of a bill of 
 exchange, pointing out the personTio whom 
 application may be made for payment in 
 case of failure or refusal of the drawee to 
 pay. Story, Bills, § 65. 
 
 AUBAINE. See "Droit d'Aubaine." 
 
 AUCTION. A public sale of property to 
 the highest bidder. 
 
 The manner of conducting an auction is 
 immaterial, whether it be by public outcry, 
 
AUCTIONARIUS 
 
 83 
 
 AUDITOR 
 
 or by any other manner. The essential 
 part is the selection of a purchaser from 
 a number of bidders. In a case where a 
 woman continued silent during the whole 
 time of the sale, but whenever any one bid 
 she gave him a glass of brandy, and, when 
 the sale broke up, the person who received 
 the last glass of brandy was taken into a 
 private room and he was declared to be 
 the purchaser, this was adjudged to be an 
 auction. 1 Dowl. Bailm. 115. 
 
 AUCTIONARIUS (Lat.) A seller; a re- 
 grator; a retailer; one who bought and 
 sold; an auctioneer, in the modern sense. 
 Spelman. One who buys poor, old, worn- 
 out things to sell again at a greater price. 
 Du Cange. 
 
 AUCTIONEER. A person authorized by 
 law to sell the goods of others at public 
 sale; one who conducts a public sale or 
 auction. 
 
 AUCTOR. 
 
 In Roman Law. An auctioneer. 
 
 In auction sales, a spear was fixed up- 
 right in the forum, besides which the seller 
 took his stand; hence goods thus sold were 
 said to be sold sub hasta under the spear. 
 The catalogue of goods was on tablets 
 called auetionwriae. 
 
 In Old French Law. A plaintiff. See 
 
 "Actor." 
 
 AUCTORITAS. 
 
 In Civil Law. Authority. Brlssonius. 
 
 In old European law. A diploma, 
 
 or royal charter. A word frequently used 
 by Gregory of Tours and later writers. 
 Spelman. 
 
 AUCTORITATES PHILOSOPHORUM, 
 
 medlcorum et poetarum, sunt in causis al- 
 legandae et tenendae. The opinions of phi- 
 losophers, physicians, and poets are to be 
 alleged and received in causes. Co. Litt. 
 264. 
 
 AUCUPIA VERBORUM SUNT JUDICE 
 
 indigna. Catching at words is unworthy of 
 a judge. Hob. 343. 
 
 AUDI ALTERAM PARTEM. Hear the 
 other side; hear both sides. No man should 
 be condemned unheard. Broom, Leg. Max. 
 113. See L. R. 2 P. C. 106. 
 
 AUDIENCE (Lat. audire, to hear). A 
 hearing or interview. 
 
 It is usual for the executive of a country 
 to whom a minister has been sent to give 
 such minister an audience; and after a 
 minister has been recalled, an audience of 
 leave usually takes place. 
 
 AUDIENCE COURT. In English law. 
 A court belonging to the archbishop of Can- 
 terbury, and held by him in his palace for 
 the transaction of matters of form only, as 
 the confirmation of bishops, elections, con- 
 
 secrations, and the like. This court has 
 the same authority with the court of arches, 
 but is of inferior dignity and antiquity. 
 The dean of the arches is the official audi- 
 tor of the audience. The archbishop of 
 York has also his audience .court. Termes 
 de la Ley. 
 
 AUDIENDO ET TERMINANDO. A writ 
 or commission to certain persons to appease 
 and punish any insurrection or great riot. 
 Pitzh. Nat. Brev. 110. 
 
 AUDIT. To examine, adjust, settle, etc., 
 an account, and then allow it. 3 Denio (N. 
 Y.) 381; B Daly (N. Y.) 200; 24 Hun 
 (N. Y.) 419. 
 
 AUDITA QUERELA (Lat.) A form of ac- 
 tion which lies for a defendant to recall or 
 prevent an execution, on account of some 
 matter occurring after judgment amounting 
 to a discharge, and which could not have 
 been, and cannot be, taken advantage of 
 otherwise. 12 Mass. 270. 
 
 It is a regular suit, in which the parties 
 appear and plead (17 Johns. [N. Y.] 484; 
 12 Vt. 56, 435; 30 Vt. 420; 8 Miss. 103), and 
 in which damages may be recovered if exe- 
 cution was issued improperly (Brooke, Abr. 
 "Damages," 38), but the writ must be al- 
 lowed in open court, and is not of itself a 
 supersedeas (2 Johns. [N. Y.] 227). 
 
 It is a remedial process, equitable in its 
 nature, based upon facts, and not upon the 
 erroneous judgments or acts of the court. 2 
 Wm. Saund. 148, note; 10 Mass. 103; 14 
 Mass. 448; 17 Mass. 159; 1 Aik. (Vt.) 363; 
 24 Vt. 211; 2 Johns. Cas. (N. Y.) 227; 1 
 Overt. (Tenn.) 425. And see 7 Gray (Mass.) 
 206. 
 
 In modern practice, the same relief is 
 usually granted on motion, and the writ is 
 dismissed. 
 
 The original purpose of this writ is said 
 to have been relieving a party from the 
 wrongful acts of his adversary and permit- 
 ting him to show any matter of discharge 
 which may have occurred since the rendi- 
 tion of the judgment. 
 
 AUDITOR (Lat. audire, to hear). An of- 
 ficer of the government, whose duty it is 
 to examine the accounts of officers who 
 have received and disbursed public moneys 
 by lawful authority. Acts Cong. April 3, 
 1817, and Feb. 24, 1819; 3 Story, U. S. 
 Laws, 1630, 1722; 4 Inst. 107; 46 Geo. III. 
 c. 1. 
 
 In Practice. An officer (or officers) of 
 
 the court, assigned to state the items of 
 debit and credit between the parties in a 
 suit where accounts are in question, and 
 exhibit the balance. 1 Mete. (Mass.) 218. 
 
 They may be appointed by courts either 
 of law or equity. They are appointed at 
 common law in actions of account (Bac. 
 Abr. "Accjompt" [F]), and in many of the 
 states in other actions, under statute reg- 
 
AUDITORS OF THE IMPREST 
 
 84 
 
 AUTHORITIES 
 
 ulations (6 Pick. [Mass.] 193; 14 N. H. 
 427; 3 R. I. 60). 
 
 AUDITORS OF THE IMPREST. Officers 
 in the English exchequer, who formerly 
 had the charge of auditing the accounts of 
 the customs, naval and military expenses, 
 etc., now performed by the commissioners 
 for auditing public accounts. Wharton. 
 
 AUGMENTATION. The increase arising 
 to the crown's revenues from the suppres- 
 sion of monasteries and religious houses, 
 and the appropriation of their lands and 
 revenues. 
 
 A court erected by Henry VIII., which 
 was invested with the power of determin- 
 ing suits and controversies relating to 
 monasteries and abbey lands. The court 
 was dissolved in the reign of Mary; but 
 the office of augmentations remained long 
 after. Cowell. 
 
 A share of the great tithes temporarily 
 granted to the vicars by the appropriators, 
 and made perpetual by St. 29 Car. II. c. 8. 
 The word is used in used in a similar sense 
 in the Canadian law. 
 
 AUGUSTA LEGIBUS SOLUTA NON 
 est. The empress or queen is not privi- 
 leged or exempted from subjection to the 
 laws. 1 Bl. Comm. 219; Dig. 1. 3. 31. 
 
 AULA, HAULA, or HALLA. In old Eng- 
 lish law. A hall, or court; the court of a 
 baron, or manor; a court baron; a hall or 
 chief mansion house; the usual appanage 
 of a manor. Whitshaw; Spelman. 
 
 AULA REGIA, or AULA REGIS. In Eng- 
 lish l^w. The king's hall or palace. A 
 court established in England by William 
 the Conqueror in his own hall. 
 
 AUTER ACTION PENDANT (Law Fr. 
 another action pending). In pleading. A 
 plea that another action is already pending. 
 This plea may be made either at law or in 
 equity. 1 Chit. PL 393; Story, Eq. Pi. 
 § 736. 
 
 AUTER DROIT. Another right; in an- 
 other's right. See "En Auter Droit." 
 
 AUTHENTIC ACT. In civil law. An 
 act which has been executed before a no- 
 tary or other public officer authorized to 
 execute such functions, or which is tes- 
 tified by a public seal, or has been rendered 
 public by the authority of a competent mag- 
 istrate, or which is certified as being a copy 
 of a public register. Nov. 73, c. 2; Code, 
 7. 52; Id. 6. 4. 21; Dig. 22. 4. 
 
 An act which has been executed before 
 a notary public or other officer authorized 
 to execute such functions, in presence of 
 two witnesses, free, male, and aged at least 
 fourteen years; or of three witnesses, if the 
 party be blind. Civ. Code La. art. 2231. If 
 the party does not know how to sign, the 
 notary must cause him to afiBx his mark to 
 the instrument. Id. art. 2231. The authen- 
 tic act is full proof of the agreement con- 
 tained in it, against the contracting parties 
 and their heirs or assigns, unless it be de- 
 clared and proved to be a forgery. Id. art. 
 2233. See Merlin, Repert. 
 
 AUTHENTICATION. In practice. A prop- 
 er or legal attestation. , 
 
 Acts done with a view of causing an in- 
 strument to be known and identified. 
 
 Under the constitution of the United 
 States, congress has power to provide a 
 method of authenticating copies of the rec- 
 ords of a state with a view to their pro- 
 duction as evidence in other states. For 
 the various statutes on the subject, see 
 
 AULNAGE, or ALNAGE. A duty collected 
 on the putting on of the seals on the assise I "Foreign Judgment;" "Record." 
 of woolen cloth. The officer charged with 
 such duty was called "aulnage," "alnager," 
 or "ulnager." 
 
 AUMONE, SERVICE IN. Where lands 
 are given in alms to a church or religious 
 house, upon condition that masses, service, 
 or prayers shall be offered at certain times 
 for the repose of the donor's soul. Britt. 
 164. 
 
 AUNCEL WEIGHT. An ancient manner 
 of weighing by means of a beam held in 
 the hand. Termes de la Ley; Cowell. 
 
 AURES. In Saxon law. The punishment 
 of cutting off the ears. 
 
 AURUM'rEGINAE. (Queen's gold (q. v.) 
 1 Bl. Comm. 219, 220. 
 
 AUTER (Law Fr.) Another. This word 
 is frequently used in composition, as auter 
 droit, auter vie, auter action, etc. 
 
 AUTHENTICS. A collection of the Nov- 
 els of Justinian, made by an unknown per- 
 son. They are entire, and are distin- 
 g:uished by their name from the epitome 
 made by Julian. See 1 Mackeld. Civ. Law, 
 § 72. 
 
 A collection of extracts made from the 
 Novels by a lawyer named Irnier, and which 
 he inserted in the Code at the places to 
 which they refer. These extracts have the 
 reputation of not being correct. Merlin 
 Repert. "Authentique." 
 
 AUTHENTICUM (Lat.) In the civil law. 
 An original instrument or writing; the orig- 
 inal of a will or other instrument, as dis- 
 tinguished from a copy. Dig. 22. 4. 2; Id. 
 29. 3. 12. 
 
 AUTHORITIES. Enactments and opin- 
 ions relied upon as establishing or declar- 
 ing the rule of law which is to be applied 
 in any case. 
 
AUTHORITY 
 
 85 
 
 AUXILIA AD FILIUM MILITEM 
 
 The opinion of a court, or of counsel, or 
 of a text writer upon any question, Is usual- 
 ly fortified by a citation of authorities. 
 
 AUTHORITY. Power. 
 
 In Contracts. The power lawfully 
 
 delegated to a person by another. 
 
 Authority coupled with an interest is an 
 authority given to an agent for a valuable 
 consideration, or which forms part of a 
 security. 
 
 Express authority is that given explicitly, 
 either in writing or verbally. 
 
 General authority is that which authorizes 
 the agent to do everything connected with 
 a particular business. Story, Ag. § 17. It 
 empowers him to bind his employer by all 
 acts within the scope of his employment, 
 and it cannot be limited by any private or- 
 der or direction not known to the party 
 dealing with him. Paley, Ag. 199-201. 
 
 Limited authority is that where the agent 
 is bound by precise instructions. 
 
 Special authority is that which is con- 
 fined to an individual transaction. Story, 
 Ag. § 19; 15 East, 400, 408; 6 Cow. (N. Y.) 
 354. Such an authority does not bind the 
 employer, unless it is strictly pursued, for 
 it is the business of the party dealing with 
 the agent to examine his authority, and 
 therefore, if there be any qualification or 
 express restriction annexed to it, it must 
 be observed; otherwise, the principal is dis- 
 charged. Paley, Ag. 202. 
 
 Naked authority is that where the prin- 
 cipal delegates the power to the agent 
 wholly for the benefit of the former. A 
 naked authority may be revoked; an au- 
 thority coupled with an interest is irrevo- 
 cable. 
 
 Unlimited authority is that where the 
 agent is left to pursue his own discretion. 
 
 In Governmental Law. The right and 
 
 power which an officer has, in the exercise 
 of a public function, to compel obedience to 
 his lawful commands. A judge, for exam- 
 ple, has authority to enforce obedience to 
 his lawful orders. 
 
 AUTO ACORDADO. In Spanish colo- 
 nial law. An order emanating from some 
 superior tribunal, promulgated in the name 
 and by the authority of the sovereign. 
 Schmidt, Civ. Law, 93. 
 
 AUTOCRACY. A government where the 
 powet of the monarch is unlimited by law. 
 
 AUTONOMY. The state of independence. 
 
 The autonomos was he who lived accord- 
 ing to his own laws, — who was free. The 
 term was chiefly used of communities or 
 states, and meant those which were inde- 
 pendent of others. It was introduced into 
 the English language by the divines of the 
 seventeenth century, when it and its trans- 
 lation — self-government — were chiefly used 
 in a theological sense. Gradually its trans- 
 lation received a political meaning, in which 
 
 it is now employed almost exclusively. Of 
 late the word "autonomy" has been revived 
 in diplomatic language in Europe, meaning 
 "independence," the negation of a state of 
 political influence from without or foreign 
 powers. See Lieber, Civ. Lib. 
 
 AUTOPSY. Dissection of a dead body for 
 the purpose of ascertaining the cause, seat, 
 or nature of a disease; a post mortem ex- 
 amination. 
 
 AUTRE, AUTRY, AUTRI, or AUTER 
 (Law Fr.) Other; another. Britt. c. 54; 
 Kelham. 
 
 AUTRE (or AUTER) VIE (Law Fr. an- 
 other's life). A person holding an estate for 
 01 during the life of another is called a ten- 
 ant "pur autre vie," or "pur terme d'autre 
 vie." Litt. § 56; 2 Bl. Comm. 120. 
 
 AUTREFOIS. Formerly; heretofore. 
 
 AUTREFOIS ACQUIT (Fr. formerly ac- 
 quitted). A plea made by a defendant in- 
 dicted for a crime, that he has formerly 
 been tried and acquitted of the same of- 
 fense. See "Jeopardy." 
 
 AUTREFOIS ATTAINT (Fr. formerly at- 
 tainted) . In criminal pleading. A plea that 
 the defendant has been attainted for one 
 felony, and cannot, therefore, be criminally 
 prosecuted for another. 4 Bl. Comm. 336. 
 Now obsolete. 
 
 AUTREFOIS CONVICT (Fr. formerly con- 
 victed). In criminal pleading. A plea made 
 by a defendant indicted for a crime or mis- 
 demeanor, that he has formerly been tried 
 and convicted of the same. This plea Is 
 substantially the same in form as the plea of 
 autrefois acquit, and is grounded on the 
 same principle, viz., that no man's life or 
 liberty shall be twice put in jeopardy for 
 the same offense. 1 Bish. Crim. Law, §§ 
 651-680; 1 Green (N, J.) 362; 1 McLean (U. 
 S.) 429; 7 Ala. 610; 2 Swan (Tenn.) 493. 
 
 A plea of autrefois convict which shows 
 that the judgment on the former indict- 
 ment has been reversed for an error in the 
 judgment, is not a good bar to another in- 
 dictment for the same offense. 3 Car. & K. 
 190. But a prior conviction by judgment 
 before a justice of the peace, and a per- 
 formance of the sentence pursuant to the 
 judgment, constitute a bar to an indictment 
 for the same offense, although the com- 
 plaint on which the justice proceeded was 
 so defective that his judgment might have 
 been reversed for error. 3 Mete. (Mass.) 
 328; 8 Mete. (Mass.) .532. See "Jeopardy." 
 
 AUXILIA AD FILIUM MILITEM FA- 
 ciendum vel ad filiam maritandam. Aids to 
 make the lord's son a knight, or to marry 
 his daughter. See "Aids." Bracton, fol. 
 36b. 
 
AUXILIUM 
 
 86 
 
 AVERMENT 
 
 AUXILIUM (Lat.) An aid; tribute or 
 services paid by the tenant to his lord. 
 
 AUXILIUM CURIAE. An order of the 
 court summoning one party, at the suit and 
 request of another, to appear and warrant 
 something. Kennett, Par. Ant. 477. 
 
 AUXILIUM REGIS. A subsidy paid to 
 the king. Spelman. 
 
 AUXILIUM VICE COMITI. An ancient 
 duty paid to sheriffs. Cowell; Whishaw. 
 
 AVAIL OF MARRIAGE. 
 
 In Scotch Law. A certain sum due by 
 
 the heir of a deceased ward vassal, when 
 the heir became of marriageable age. Ersk. 
 Inst. lib. 2, tit. 5, I 18. 
 
 In Feudal Law. The right of a guard- 
 ian in chivalry to dispose of the hand of his 
 ward in marriage. 2 Bl. Comm. 88. 
 
 AVAILS. In wills, the net proceeds of the 
 estate; that which remains after paying 
 debts. See 3 N. Y. 276. 
 
 AVAL. In Canadian law. An act of 
 suretyship or guaranty on a promissory 
 note. 1 Low. (U. S.) 221; 9 Low. (U. S.) 
 360. 
 
 AVANTURE (Law Fr.) CJiance; hazard; 
 mischance. Kelham. 
 
 AVARIA, or AVARIE. Average; the loss 
 and. damage suffered in the course of a navi- 
 gation. Poth. du Contr. de Louage, 105. 
 
 AVENGE (Law Lat.) In old English law. 
 A certain quantity of oats paid to a land- 
 lord in lieu of some other duties, or as a 
 rent from the tenant. Cowell. A rent paid 
 in oats. 
 
 AVENTURE, or ADVENTURE. A mis- 
 chance causing the death of a man, as by 
 drowning, or being killed suddenly without 
 felony. Co. Litt. 391; Whishaw. 
 
 AVER. To assert. See "Averment." 
 To make or prov6 true; to verify. The 
 
 defendant will oflfer to aver. Cowell; Co. 
 
 Litt. 362b. 
 Cattle of any kind. Cowell; Kelham. 
 
 AVER CORN. A rent reserved to re- 
 ligious houses, to be paid in corn; corn 
 drawn by the tenant's cattle. CowelL 
 
 AVER ET TENIR (or TENER). 
 and to hold. See "Habendum." 
 
 To have 
 
 AVER LAND. Land ploughed by the ten- 
 ant for the proper use of the lord of the 
 soil. Blount 
 
 AVER PENNY. Money paid to the 
 king's averages to be free therefrom. 
 Termes de la Ley. 
 
 AVER SILVER. A rent formerly so call- 
 ed. (Jowell. 
 
 AVERAGE. In marine Insurance. Loss or 
 damage to a part of the vessel or cargo in- 
 sured. 
 
 The contribution due from one owner to 
 another, on a partial loss. 
 
 General Average. General (also called 
 
 "gross") average consists of expense pui^ 
 posely incurred, sacrifice made, or dam- 
 age sustained for the common safety of 
 the vessel, freight, and cargo, or the two 
 of them, at risk, and is to be contributed 
 for by the several interests in the propor- 
 tion of their respective values exposed to 
 the common danger, and ultimately surviv- 
 ing, including the amount of expense, sacri- 
 fice or damage so incurred in the contribu- 
 tory value. 2 Phil. Ins. § 1269 et seq.; and 
 see 2 Curt. C. C. (U. S.) 59; 9 Gush. 
 (Mass.) 415; 93 Ky. 102; 5 Ohio, 307; 3 
 Wall. (U. S.) 370; 3 Kent, Comm. 232. 
 
 Particular Average. Particular aveD 
 
 age (also called "partial loss") is an acci- 
 dental loss on the ship, cargo, or freight, to 
 be borne by the owner of the subject on 
 which it happens, and is so called in dis- 
 tinction from general average, and, if not 
 total, it is also called a partial loss. 2 Phil. 
 Ins. c. 16; 3 Bosw. (N. Y.) 395; 4 B. Men. 
 (Ky.) 164. 
 
 AVERIA (Lat.) Cattle; working cattle. 
 
 Averia carucae (draft cattle) are exempt 
 
 from distress. 3 Bl. Comm. 9; 4 Term R. 
 
 AVERIA CARUCAE. Beasts of the plow, 
 which, at common law, were privileged over 
 other cattle. 
 
 AVERIA OTI08A. Idle beasts; as dis- 
 tinguished from averia carucae, beasts of 
 the plow. 
 
 AVERIIS CAPTI8 IN WITHERNAM. In 
 English law. . A writ which lies in favor of 
 a man whose cattle have been unlawfully 
 taken by another, and driven out of the 
 county where they were taken, so that 
 they cannot be replevied. 
 
 It issues against the wrongdoer to take 
 his cattle for the plaintiff's use. Reg. Brev. 
 82. 
 
 AVERMENT. In pleading. A positive 
 statement of facts, as opposed to an argu- 
 mentative or inferential one. Cowp. 683; 
 Bac. Abr. "Pleas" (B). 
 
 Averments must contain not only matter, 
 but form. 
 
 In old pleading, the conclusion' of a plea, 
 whereby the pleader alleged his readiness to 
 verify the foregoing. 
 
 Averments were formerly said to be gen- 
 eral and particular; but only particular 
 averments are found in modem pleading. 
 1 Chit PI. 277. 
 
AVERRARE or AVERARE 
 
 87 
 
 AVOWRY 
 
 -^—Particular Averments. The assertions 
 of particular facts. There must be an aver- 
 ment of every substantive material fact on 
 which the party relies, so that if may be 
 replied to by the opposite party. 
 
 —^Negative Averments. Those in which 
 a negative is asserted. Generally, under 
 the rules of pleading, the party asserting 
 the affirmative must prove it; but an aver- 
 ment of illegitimacy (2 Selw. N. P. 709), 
 or criminal neglect of duty, must be proven 
 (2 Gall. [U. S.] 498; 19 Johns. [N. Y.] 
 345; 1 Mass. 54; 10 East, 211; 3 Campb, 
 10; 8 Bos. & P. 302; 1 Greenl. Ev. § 80; 
 3 Bouv. Inst, note 3089). 
 
 Immaterial and Impertinent Aver- 
 ments. Those which need not be made, and 
 if made, need not be proved. They are 
 synonymous. 5 Dowl. & R. 209. The alle- 
 gation of deceit in the seller of goods in 
 action on the warranty is such an aver- 
 ment. (2 East, 446; 17 Johns. [N. Y.] 92) 
 
 Unnecessary Averments. Statements 
 
 of matters which need not be alleged, but 
 which, if alleged must be proved. Garth. 
 200. 
 
 AVERRARE, or AVERARE. In feudal 
 law. To carry goods upon loaded horses 
 or in a wagon; a duty formerly required 
 of some customary tenants. Spelman. To 
 drive cattle (averia) to some fair or market, 
 Cowell. 
 
 AVERSIO (Lat.) An averting; a turn- 
 ing away; a sale in gross or in bulk. 
 
 Letting a house altogether, instead of in 
 chambers. 4 Kent, Comm. 517. 
 
 AVERSIO PERICULI. An averting or 
 turning away of peril. A name given to 
 the contract of insurance (marine) because 
 one of the parties undertakes to avert from 
 the other the peril of the sea. According 
 to Emerigon, the words signify that the in- 
 surer charges himself with, and takes upon 
 himself, the peril which the things insured 
 run upon the sea. Tr. des Assur. c. 1, 
 pr. See 3 Kent, Comm. 263; Locc. de Jur. 
 Mar. lib. 2, c. 5, § 1. 
 
 AVERUM (Lat.) Goods; property; a 
 beast of burden. Spelman. 
 
 AVET. In Scotch law. To abet or a,s- 
 sist. Tomlin. 
 
 AVIZANDUM. In Scotch law. To make 
 (wieandum with a process is to take it from 
 the public court to the private considera- 
 tion of the judge. Bell, Diet. 
 
 AVOCAT (Fr.) Advocate; an advocate. 
 Ord. Mar. liv. 1, tit. 3. 
 
 AVOIDANCE. A making void, useless, 
 or empty. 
 
 In Ecclesiastical Law. It exists 
 
 when a beneiice becomes vacant for want of 
 an incumbent. 
 
 In Pleading. Repelling or excluding 
 
 the conclusions or implications arising from 
 
 the admission of the truth of the allega- 
 tions of the opposite party. See "Confes- 
 sion and Avoidance." 
 
 AVOIRDUPOIS. The name of a weight. 
 This kind of weight is so named, in dis- 
 tinction from the Troy weight. One pound 
 avordupois contains seven thousand grains 
 Troy; that is, fourteen ounces, eleven pen- 
 nyweights and sixteen grains Troy; a 
 pound avoirdupois contains sixteen ounces; 
 and an ounce, sixteen drachms. Thirty-two 
 cubic feet of pure spring water, at the tem- 
 perature of fifty-six degrees of Fahrenheit's 
 thermometer, make a ton of two thousand 
 pounds avoirdupois, or two thousand two 
 hundred and forty pounds net weight. 
 Dane, Abr. c. 211, art 12, § 6. The avpirdu- 
 pois ounce is less than the Troy ounce in the 
 proportion of 72 to 79, though the pound is 
 greater. Enc. Amer. "Avoirdupois." For 
 the derivation of this phrase, see Barr. Obs. 
 St. 206. See the Report of Secretary of 
 State of the United States to the Senate, 
 February 22, 1821, pp. 44, 72, 76, 79, 81, 87, 
 for a learned exposition of the whole sub- 
 ject. 
 
 AVOUCH ER. See "Voucher." 
 
 AVOUE. 
 
 ^In Old French Law. A feudal chief 
 
 who acted as protector of a church or mon- 
 astery; the suzerain of the fief. 
 
 In Modern French Law. A barrister; 
 advocate; attorney. Duverger. 
 
 AVOW. To acknowledge the commission 
 of an act, and claim that it was done with 
 right. 3 Bl. Comm. 150. 
 
 To make an avowry. For example, when 
 replevin is brought for a thing distrained, 
 and the party taking claims that he had a 
 right to make the distress, he is said to 
 avow. See Fleta, lib. 1, c. 4, § 4; Ciwining- 
 ham. See "Avowry;" "Justification." 
 
 AVOWANT. One who makes an avowry. 
 
 AVOWEE, or AVOWE. See "Advowee." 
 
 AVOWRY. In pleading. The answer of 
 the defendant in an action of replevin 
 brought to recover property taken in dis- 
 tress, in which he acknowledges the taking, 
 and, setting forth the cause thereof, claims 
 a right in himself or his wife to do so. 4 
 Bouv. Inst, note 3571 ; 3 Bl. Comm. 149. 
 
 A justification is made where the defend- 
 ant shows that the plaintiff had no property, 
 by showing either that it was the defend- 
 ant's or some third person's, or where he 
 shows that he took it by a right which was 
 sufficient at the time of taking, though not 
 subsisting at the time of answer. The 
 avowry admits the property to have been 
 the plaintiff's, and shows a right which 
 had then accrued, and still subsists, to 
 make such caption. See Gilb. Distr. 176- 
 178; 2 W. Jones, 25. 
 
AVOWTERER 
 
 88 
 
 AYUNTAMIENTO 
 
 AVOWTERER. In English law. An 
 adulterer with whom a married woman con- 
 tinues in adultery. Termes de la Ley. 
 
 AVOWTRY. In English law. The crime 
 of adultery. 
 
 AVULSION (Lat. avellere, to tear away). 
 The removal of a considerable quantity of 
 soil from the land of one man, and its de- 
 posit upon or annexation to the land of 
 another, suddenly and by the perceptible 
 action of water. 2 Washb. Real Prop. 452. 
 In such case, the property belongs to the 
 first owner. Bracton, 221 ; Hargrave, Tract, 
 de Jure Mar. j Schultes, Aq. Rights, 115-138. 
 The perceptible character of the deposit 
 distinguishes it from accretion (q. v.) See 
 also," "Reliction." 
 
 AWAIT. To lay in wait; to waylay. 
 
 AWARD (Law. Lat. awarda, atvardum; 
 old French, agarda, from a garder). To 
 keep, preserve; to be guarded, or kept. So 
 called because it is imposed on the parties 
 to be observed or kept by them. Spelman. 
 
 The judgment, or decision of arbitrators 
 or referees on a matter submitted to them.' 
 
 The writing containing such judgment. 
 Cowell; Termes de la Ley; 3 Bouv. Inst, 
 note 2402. 
 
 AWAY-GOING CROP. A crop sown be- 
 fore the expiration of a tenancy, which can- 
 not ripen until after its expiration, to which, 
 however, the tenant is entitled. Broom, Leg 
 Max. 306. See "Emblements." 
 
 AWM, or AUME. An ancient measure 
 used in measuring Rhenish wines. Termes 
 de la Ley. Its value varied in the different 
 cities. Cowell. 
 
 AYANT CAUSE. In French law. This 
 term, which is used in Louisiana, signifies 
 one to whom a right has been assigned, 
 either by will, gift, sale, exchange, or the 
 like; an assignee. An aycmt cause differs 
 from an heir who acquires the right by in- 
 heritance. 8 Toullier, Dr. Civ. note 245. 
 
 AY RE In old Scotch law. Eyre; a cir- 
 cuit, eyre, or iter. Bell, Diet. voc. "Justice 
 Ayres." 
 
 AYUNTAMIENTO. In Spanish law. A 
 congress of persons; the municipal council 
 of a city or town. 1 White, New Coll. 416; 
 12 Pet. (U. S.) 442, note. 
 
B. F. 
 
 89 
 
 BAGA 
 
 B 
 
 B. F. Bonum factum, a good deed. A form 
 of approval among the civilians. 
 
 BACEREND, or BACKBEREND. An old 
 English law term for a thief caught with 
 the stolen goods in his possession (upon 
 his back). Spelman; Bracton, 150b. 
 
 BACHELERIA. Commonalty or yeo- 
 manry, in contradistinction to baronage. 
 Wharton. 
 
 BACHELOR. 
 
 (1) The holder of the first or lowest de- 
 gree conferred by a college or university, 
 e. g., a bachelor of arts, bachelor of law, 
 etc. 
 
 (2) A kind of inferior knight; an es- 
 quire. 
 
 (3) A man who has never been married. 
 
 BACK BOND. A bond of indemnification 
 given to a surety. 
 
 In Scotch Law. A declaration of 
 
 trust; a defeasance; a bond given by one 
 who is apparently absolute owner, so as to 
 reduce his right to that of a trustee or hold- 
 er of a bond and disposition in security. 
 Faterson, Comp. 
 
 BACK WATER. That water in a stream 
 which, in consequence of some obstruction 
 below, is detained or checked in its course, 
 or reflows. 
 
 The term is usually employed to desig- 
 nate the water which is turned back, by a 
 dam erected in the stream below, upon the 
 wheel of a mill above, so as to retard its 
 revolution. 
 
 BACKADATION, or BACKWARDATION. 
 A consideration given to keep back the de- 
 livery of stock when the price is lower for 
 time than for ready money. Wharton. 
 
 BACKBEAR. In forest law. Carrying 
 on the back. One of the cases in which an 
 offender against vert and venison might be 
 arrested, as being taken with the mainour, 
 or manner, or found carrying a deer off on 
 his back. Manw. For. Law; Cowell. 
 
 BACKBEREND (Saxon). See !'Baoerend." 
 
 BACKING. Indorsement; Indorsement by 
 a magistrate. 
 
 Backing a warrant becomes necessary 
 when it is desired to serve it in a county 
 other than that in which it was first issued. 
 In such a case the indorsement of a magis- 
 trate of the new county authorizes its ser- 
 vice there as fully as if first issued in that 
 county. The custom prevails in England, 
 Scotland, and some of the United States. 
 
 BACKSIDE. A yard at the back part of 
 or behind a house, and belonging thereto. 
 
 The term was formerly much used both 
 in conveyances and in pleading, but is now 
 of infrequent occurrence, except in convey- 
 ances which repeat an ancient description. 
 Chit. Prac. 177; 2 Ld. Raym. 1399. 
 
 BACULUS (Lat.) In old English prac- 
 tice. A staff, rod, or wand, anciently used 
 in the ceremony of making livery of seisin, 
 where there was no building on the land. 
 Fiat seysina per fustim et per baculum, 
 seisin should be made by rod and staff. 
 Bracton, fol. 40; Fleta, lib. 3, c. 15, § 5. 
 Baculus nuntiatorius, a warning or sum- 
 moning stick. A white stick or wand, by 
 erecting which on the grounds_ of a defend- 
 ant in real actions he was anciently warned 
 or summoned to appear in court at the re- 
 turn of the original writ. 8 Bl. Comm. 379. 
 
 A baton, such as combatants fought with 
 in the duellum. Frangitur eorum baculus, 
 their baton is broken. 
 
 A term anciently applied to persons con- 
 victed of a felony on their own confession, 
 signifying that they could not bring an ap- 
 peal against any one. Bracton, fol. 152. 
 See Fleta, lib. 1, c. 38, § 16; 2 Reeve, Hist. 
 Eng. Law, 43. See "Baston." 
 
 BADGE OF FRAUD. A circumstance 
 attending a transaction tending to throw 
 upon it suspicion of fraud, though not in 
 itself constituting fraud. 64 N. C. 374. 
 
 An act which, from the common expe- 
 rience of mankind, is regarded as ground of 
 suspicion. 
 
 BADGER (Fr.) Baggage, a bundle, and 
 thence is derived bagagier, a carrier of 
 goods. 
 
 One who buys corn or vituals in one 
 place, and carries them to another to sell 
 and make profit by them. And such a one 
 is exempted in St. 5 & 6 Edw. VI. c. 14, 
 from the punishment of an ingrosser with- 
 in that statute. But by 5 Eliz. c. 12, bad- 
 gers are to be licensed by the justices of 
 the peace in the sessions, whose licenses 
 will be in force for one year, and no long- 
 er, and the persons to whom granted must 
 enter into a recognizance that they will 
 not, by color of their licenses, forstall, or 
 do anything contrary to the statutes made 
 against forestallers, ingrossers, and regra- 
 tors. If any person shall act as a badger 
 without license, he is to forfeit £5, one 
 moiety to the king, and the other to the 
 prosecutor, leviable by warrant from jus- 
 tices of the peace, etc. Jacob. 
 
 BAGA (Law Lat.) In old English law. 
 Bag; a bag. Et d'denvers eux unam hagwm, 
 ove C. 1. in ead' baga content. Y. B. M. 18 
 Hen. VI. 5. See "Petty Bag Office." 
 
BAGGAGE 
 
 90 
 
 BAILIFF 
 
 BAGGAGE. Whatever, connected with the 
 objects of the journey, and not exceeding 
 the limits of reason and custom, a trav- 
 eller takes with him for his personal use, 
 whether during actual travel, or in intervals 
 between trips, or upon the termination of 
 the journey. Bish. Non-Cont. Law, § 1156. 
 
 It does not include samples of merchan- 
 dise (98 Mass. 83) , money not necessary for 
 travelling (22 111. 278) , jewelry intended for 
 presents (17 N. Y. Super. Ct. 225). 
 
 It includes weapons (22 111. 278), books 
 (121 Ind. 226), tools (14 Pa. St. 129), opera 
 glasses (33 Ind. 379), bedding for use on 
 the trip (1 Whit. & W. Civ. Cas. Ct. App 
 [Tex.] § 1253). 
 
 BAHADUM. 
 lib. 2, c. 21. 
 
 A chest or coffer. Fleta, 
 
 BAIL (Fr. bailler, to deliver). Those per- 
 sons who become sureties for the appear- 
 ance of the defendant in court. 
 
 The delivery of the defendant to persons 
 who, in the manner prescribed by law, be- 
 come security for his appearance in court. 
 
 The word is used both as a substantive 
 and a verb, though more frequently as a 
 substantive, and in civil cases, at least, in 
 the first sense given above, ^n its more an- 
 cient signification, the word includes the 
 delivery of property, real or personal, by 
 one person to another. 
 
 Bail Above. Sureties who bind them- 
 selves either to satisfy the plaintiff his 
 debt and costs, or to surrender the de- 
 fendant into custody, provided judgment be 
 against him in the action, and he fail to do 
 so. Sellon, Prac. 137. 
 
 Ball to the Action. Ball above. 
 
 Bail Belqw. Sureties who bind them- 
 selves to the sheriff to secure the defend- 
 ant's appearance, or his putting in bail 
 to the action on the return day of the writ. 
 It may be demanded by the sheriff when- 
 ever he has arrested a defendant on a bail- 
 able process, as a prerequisite to releasing 
 the defendant. ' 
 
 Bail to tlie Sheriff. Bail below. 
 
 ^Civil Bail. That taken in civil ac- 
 tions. 
 
 Common Bail. Fictitious sureties for- 
 mally entered in the proper oflBce of the 
 court. It is a kind of bail above, similar 
 in form to special bail, but having fictitious 
 persons, John Doe and Richard Doe, as 
 sureties. Filing common bail is tanta- 
 mount to entering an appearance. 
 
 Speoiat Bail. Responsible sureties 
 
 who undertake as bail above. 
 
 Bail in Error. The bond given to se- 
 cure a stay of proceedings on writ of error. 
 
 In Canadian Law. A lease. See 
 
 Merlin, Repert. "Bail." Bcuil emphyteotHque, 
 a lease for years, with a right to prolong in- 
 definitely. 5 Low (U. S.) 881. It is equiva- 
 lent to an alienation. 6 Low. (U. S.) 58. 
 
 BAIL BOND. In practice. A specialty 
 by which the defendant and other persons 
 become bound to the sheriff in a penal sum 
 proportioned to the damages claimed in the 
 action, and which is conditioned for the due 
 appearance of such defendant to answer to 
 the legal process therein described, and by 
 which the sheriff has been commanded to 
 arrest him. 
 
 BAIL PIECE. A certificate given by a 
 judge or the clerk of a court, or other per- 
 son authorized to keep the record, in which 
 it is certified that the bail became bail for 
 the defendant in a certain sum, and in a 
 particular case. 
 
 BAILABLE ACTION. An action In 
 which the defendant is entitled to be dis- 
 charged from arrest only upon giving bond 
 to answer. 
 
 BAILABLE PROCESS. Process under 
 which the sheriff is directed to arrest the 
 defendant)- and is required by law to dis- 
 charge him upon his tendering suitable bail 
 as security for his appearance. A capias ad 
 respondendum is bailable; not so a capiat ad 
 satisfaciendum. 
 
 BAILEE. Contracts. One to whom goods 
 are bailed. See "Bailment." 
 
 BAILIE. In Scotch law. An officer ap- 
 pointed to give inf eftment. 
 
 In certain cases it is the duty of the 
 sheriff, as king's bailie, to act. Generally, 
 any one may be made bailie by filling in 
 his name in the praecept of sasine. 
 
 A magistrate possessing a limited crimi- 
 nal and civil jurisdiction. Bell, Diet. 
 
 BAILIFF. A person to whom some au- 
 thority, care, guardianship, or jurisdiction 
 is delivered, committed, or intrusted. Spel- 
 man. 
 
 A sheriff's officer or deputy. 1 Bl. Comm. 
 344. 
 
 A magistrate, who formerly administer- 
 ed justice in the parliaments or courts of 
 France, answering to the English sheriffs 
 as mentioned by Bracton. 
 
 There are still bailiffs of particular towns 
 in England; as, the bailiff of Dover Castle, 
 etc; otherwise, bailiffs are now only offi- 
 cers or stewards, etc.; as bailiffs of liber- 
 ties, appointed by every lord within his 
 liberty, to serve writs, etc.; bailiffs errant 
 or itinerant, appointed to go about the conn- 
 try for the same purpose; sheriff's bailiffs, 
 sheriff's ofScers to exetjute Writs; these are 
 also called "bound bailiffs," because they are 
 usually bound in a bond to the sheriff for 
 the due execution of their ofSce; baillffG , 
 of court baron, to smnmon the court, etc; 
 bailiffs of husbandry, appointed by private 
 piersons to collect their rents and manage 
 their estates; water bailiffs, officers in port 
 
BAILIFF ERRANT 
 
 91 
 
 BAILMENT 
 
 towns for searching ships, gathering tolls, 
 etc. Bac. Abr. 
 
 In Account Render. A person who has 
 
 by delivery the custody and administration 
 of lands or goods for the benefit of the own- 
 , er or bailor, and is liable to render an ac- 
 count thereof. Co. Litt. 271; 2 Leon. 246; 
 Story, Eq. Jur. § 446. 
 
 BAILIFF ERRANT. A deputy bailiff. 
 
 BAILIFFS OF FRANCHISES. In Eng- 
 lish law. Officers who perform the duties 
 of sheriffs within liberties or privileged 
 jurisdictions, in which formerly the king's 
 writ could not be executed by the sheriff. 
 Spelman, voc. "Balivus." 
 
 BAILIFFS OF HUNDREDS. In English 
 law. Officers appointed over hundreds, by 
 the sheriffs to collect fines therein, and 
 summon juries; to attend the judges and 
 justices at the assizes and quarter sessions; 
 and also to execute writs and process in 
 the several hundreds. 1 Bl. Comm. 345; 3 
 Steph. Comm. 29; Bracton, fol. 116. 
 
 BAILIFFS OF MANORS. In English law. 
 Stewards or agents appointed by the lord 
 (generally by an authority under seal) to 
 superintend the manor, collect fines and 
 quitrents, inspect the buildings, order re- 
 pairs, cut down trees, impound cattle tres- 
 passing, take an account of wastes, spoils 
 and misdemeanors in the woods and de- 
 mesne lands, and do other acts for the 
 lord's interest. Cowell; Fleta, lib. 2, cc. 
 72, 73. 
 
 6AILIVIA. A bailiwick (q. v.) Wharton. 
 
 BAILIWICK. The jurisdiction of a sher- 
 iff or bailiff. 1 Bl. Comm. 344, 
 
 A liberty or exclusive jurisdiction which 
 was exempted from the sheriflf of the coun- 
 ty, and over which the lord appointed a 
 bailiff, with such powers within his pre- 
 cinct as the under sheriff exercised under 
 the sheriflf of the county. Wishaw. 
 
 BAILLEW DE FONDS. In Canadian 
 law. The unpaid vendor of real estate. 
 
 BAILLI. In old French law. A person 
 to whom judicial authority and jurisdiction 
 were assigned or delivered by a superior. 
 
 BAILMENT (Fr. hailler, to put into the 
 hands of; to deliver). A delivery of some- 
 thing of a personal nature by one party to 
 another, to be held according to the pur- 
 pose or object of the delivery, and to be 
 returned or delivered over when that pur- 
 pose is accomplished. Prof. Joel Parker, 
 MSS. Lect. Dane Law School, Harvard Coll. 
 1851. 
 
 The right to hold may terminate, and a 
 duty of restoration may arise, before the 
 
 accomplishment of the purpose, but that 
 does not necessarily enter into the defini- 
 tion, because such duty of restoration was 
 not the original purpose of the delivery, 
 but arises upon a subsequent contingency. 
 The party delivering the thing is called the 
 "bailor;" the party receiving it, the "bailee." 
 It is distinguished from a sale by the fact 
 that in bailment only the right of posses- 
 sion, and not the title, is transferred. Benj. 
 Sales, i§ 1, 2. 
 
 Various attempts have been made to 
 give a precise definition of this term, upon 
 some of which there have been elaborate 
 criticisms. See Story, Bailm. (4th Ed.) 
 § 2, note 1, exemplifying the maxim. Omnia 
 definitio in lege periculosa est. 
 
 Some of these definitions are here given 
 as illustrating more completely than is pos- 
 sible in any other way the elements con- 
 sidered necessary to a bailment by the dif- 
 ferent authors cited. 
 
 A delivery of a thing in trust for some 
 special object or purpose, and upon a con- 
 tract, express or implied, to conform to the 
 object or purpose of the trust. Story, 
 Bailm. § 2. See Merlin, Repert. "Bail." 
 
 A delivery of goods in trust upon a con- 
 tract, either expressed or implied, that the 
 trust shall be faithfully executed on the 
 part of the bailee. 2 Bl. Comm. 451. See 
 Id. 395. 
 
 A delivery of goods in trust on a contract, 
 tract, expressed or implied, that the trust 
 shall be duly executed, and the goods re- 
 stored by the bailee as soon as the purposes 
 of the bailment shall be answered. 2 Kent, 
 Comm. 569. 
 
 A delivery of goods on a condition, ex- 
 press or implied, that they shall be restor- 
 ed by the bailee to the bailor, or according 
 to his directions, as soon as the purpose for 
 which they are bailed shall be answered. 
 Jones, Bailm. 1. 
 
 A delivery of goods in trust on a contract, 
 either expressed or implied, that the trust 
 shall be duly executed, and the goods re- 
 delivered as soon as the time or use for 
 which they were bailed shall have elapsed 
 or be performed. Jones, Bailm. 117. 
 
 According to Story, the contract does not 
 necessarily imply an undertaking to rede- 
 liver the goods; and the first definition of 
 Jones here given would seem to allow of 
 a similar conclusion. On the other hand, 
 Blackstone, although his definition does not 
 include the return, speaks of it in all his 
 examples of bailments as a duty_ of the 
 bailee; and Kent says that the application 
 of the term to cases in which no return or 
 delivery or redelivery to the owner or his 
 agent isi contemplated, is extending the defi- 
 nition of the term beyond its ordinary ac- 
 ceptation in the English law. A consign- 
 ment to a factor would be a bailment for 
 sale, according to Story, while according to 
 
BAILOR 
 
 92 
 
 BALNEARII 
 
 Kent it would not be included under the 
 term "bailment." 
 
 Sir William Jones has divided bailments 
 into five sorts, namely, depositum, or de- 
 posit; mdndatum, or commission without 
 recompense; commodatum, or loan for use 
 without pay; pignori acceptum, or pawn; 
 locatum, or hiring, which is always with re- 
 ward. This last is subdivided into locatio 
 rei, or hiring, by which the hirer gains a 
 temporary use of the thing; locatio operis 
 faciendi, when something is to be done to 
 the thing delivered; locatio operis merdum 
 vehendarum, when the thing is merely to 
 be carried from one place to another. 
 Jones, Bailm. 36. 
 
 Lord Holt divides them into six classes: 
 Depositum, or deposit for keeping for the 
 benefit of the bailor; commodatum, or gra- 
 tuitous loan; locatio rei, or letting for hire; 
 vadium., pledge or pawn; locatio operis 
 faciendi, or delivery that something may 
 be done upon the chattels by the bailee for 
 hire; mandatum, or mandate, a delivery 
 that something may be done upon the chat- 
 tels by the bailee gratuitously. 2 Ld. 
 Raym. 909. 
 
 A better general division, however, for 
 practical purposes, suggested, but not adopt- 
 ed, by Story (Bailm. §§ 4-8), and first 
 adopted by Schouler (Bailm. §14), is into 
 three kinds: First, those bailments which 
 are for the benefit of the bailor, or for 
 some person whom he represents; second, 
 those for the benefit of the bailee, or some 
 person represented by him; third, those 
 which are for the benefit of both parties. 
 
 BAILOR. He who bails a thing to an- 
 other. See "Bailment." 
 
 BAIR-MAN. In Scotch law. A poor debtor. 
 
 BAIRNS. In Scotch law. A known term, 
 used to denote one's whole issue. Ersk. 
 Inst. 3. 8. 48. But it is sometimes used in a 
 more limited sense. Bell, Diet. 
 
 BAIRNS' PART. In Scotch law. Chil- 
 dren's part; a third part of the defunct's 
 free movables, debts deducted, if the wife 
 survive, and a half if there be no relict. 
 
 BALAENA. A large fish, called by Black- 
 stone a "whale." Of this the king had the 
 head and the queen the tail as a perquisite 
 whenever one was taken on the coast of 
 England. Prynne, Ann. Reg. 127; 1 Bl. 
 Comm. 221. 
 
 BALANCE. The amount which remains 
 due by one of two persons, who have been 
 dealing together, to the other, after the 
 settlement of their accounts. 
 
 "There is a broad distinction between an 
 account and the mere balance of an ac- 
 count, resembling the distinction in logic 
 between the premises of an argument and 
 the conclusions drawn therefrom. A bal- 
 ance is but the conclusion or result of the 
 
 debit and credit sides of an account. It 
 implies mutual dealings and the existence 
 of debit and credit, without which there 
 could be no balance." 45 Mo. 573. 
 
 The word is sometimes used in the sense 
 of "residue." 
 
 BALANCE SHEET. A statement made 
 by merchants and others to show the true 
 state of a particular business. A balance 
 sheet should exhibit all the balances of deb- 
 its and credits, also the value of merchan- 
 dise, and the result of the whole. 
 
 BALCANIFER, or BALDAKINIFER. The 
 standard bearer of the Knights Templar. 
 Wharton. 
 
 BALDIO. In Spanish law. Vacant land 
 having no particular owner, and usually 
 abandoned to the public for the purposes of 
 pasture. The word is supposed to be de- 
 rived from the Arabic bait, signifying a 
 thing of little value. For the legislation on 
 this subject, see Escriche, Die. Raz. 
 
 BALI US. In civil law. A teacher; one 
 who has the care of youth; a tutor; a 
 guardian. Du Cange, "Bajultis;" Spelman. 
 
 BALIVA, or BALLIVA. Equivalent to 
 halivatus. Bolivia, a bailiwick; the juris- 
 diction of a sheriff; the whole district 
 within which the trust of the sheriff was 
 to be executed. Cowell. Occurring in the 
 return of the sheriff, non est inventus in 
 balliva mea, he has not been found in my 
 bailiwick; afterwards abbreviated to the 
 simple non est inventus. 3 Bl. Comm. 283. 
 
 BALIVO AMOVENDO (Law Lat. for re- 
 moving a bailiff). A writ to remove a 
 bailiff out of his office. 
 
 BALLAST. Heavy substance carried in 
 the hold of a ship to trim her, and bring 
 her to a safe and proper draft. It differs 
 from "dunnage" {q. v.) 13 Wall. (U. S.) 
 674. 
 
 Rock, gravel or other material placed on 
 the roadbed of a railway to support and 
 retain the ties and track. 
 
 BALLASTAGE. A toll paid for the priv- 
 ilege of taking up ballast from the bot- 
 tom of the port. This arises from the prop- 
 erty in the soil. 2 Chit. Com. Law, 16. 
 
 BALLOT. A paper bearing the names of 
 candidates for designated offices, and deliv- 
 ered by electors to the election officers in 
 expressing their choice for such offices. It 
 is usually printed, and is in various pre- 
 scribed forms, especially in states which 
 have adopted the Australian ballot system, 
 or modifications of it. 
 
 BALNEARII (Lat.) Those who stole the 
 clothes of bathers in the public baths. 4 
 Bl. Comm. 239; Calv. Lex. 
 
BAN 
 
 93 
 
 BANK ACCOUNT 
 
 BAN. 
 
 In Old English and Civil Law. A 
 
 proclamation; a public notice; the an- 
 nouncement of an intended marriage. 
 Cowell. An excommunication; a curse, 
 publicly pronounced; proclamation of si- 
 lence made by a crier in court before the 
 meeting of champions in combat. Cowell. 
 A statute, edict, or command; a fine, or 
 penalty. 
 
 An open field; the outskirts of a village; 
 a territory endowed with certain privileges. 
 A summons, as, arriere ban. Spelman. 
 
 — ^In French Law. The right of an- 
 nouncing the time of mowing, reaping, and 
 gathering the vintage, exercised by certain 
 eeignorial lords. Guyot, Rep. Univ. 
 
 BANAL, or BANNAL (Fr.) In old 
 French and Canadian law. Having quali- 
 ties derived from a ban or privileged space; 
 privileged, A banal mill is one to which 
 the seignior or lord may require his tenant 
 to carry his grain to be ground. Dunkin's 
 Address, 89. 
 
 BANALITY. In Canadian law. The 
 right by virtue of which a lord subjects his 
 vassals to grind at his mill, bake at his 
 oven, etc. Used also of the region within 
 which this right applied. Guyot, Rep. Univ. 
 It prevents the erection of a mill within the 
 seignorial limits (1 Low. [U. S.] 31), wheth- 
 er steam or water (3 Low. [U. S.] 1). 
 
 BANC (Ft. bench). The seat of judg- 
 ment; as, banc le roy, the king's bench; 
 bance le common pleas, the bench of com- 
 mon pleas; the full bench. 
 
 BANCI NARRATORES. In old English 
 law. Advocates; countors; Serjeants. Ap- 
 plied to advocates in the common pleas 
 courts. 1 Bl. Comm. 24; Cowell. 
 
 BANCUS (Lat.) A bench; the seat or 
 bench of justice; a stall or table on which 
 goods are exposed for sale. Often used for 
 the court itself. 
 
 A full bench, when all the judges are pres- 
 ent. Cowell; Spelman. 
 
 The English court of common pleas was 
 formerly called "bancus." Viner, Abr. 
 "Courts." See "Bench;" "Common Bench." 
 
 BANCUS REGINAE 
 queen's bench. 
 
 (Law Lat.) The 
 
 BANCUS REGIS (Lat.) The king's 
 bench; the supreme tribunal of the king 
 after parliament. 3 Sharswood, Bl. Comm. 
 41. 
 
 In banco regis, in or before the court of 
 king's bench. 
 
 The king has several times sat in his own 
 person on the bench in this court, and all 
 the proceedings are said to be coram rege 
 wso, before the king himself. Still, James 
 I. was not allowed to deliver an opinion, al- 
 though sitting in banco regis. Viner, Abr. 
 
 "Courts" (H. L.) ; 3 Bl. Comm. 41; Co. Litt. 
 71 (C). 
 
 BANCUS SUPERIOR (Lat.) Abbreviat- 
 ed banc. sup. The upper bench; the king's 
 bench was so called during the Protecto- 
 rate. 
 
 BAND. In old Scotch law. A proclama- 
 tion calling out a military force. 1 Pitc. 
 Crim. Tr. pt. 1, p. 205. 
 
 BANDIT. A man outlawed; one under 
 ban. 
 
 BANE. A malefactor. Bracton, lib. 1, 
 tit. 8, c. 1. 
 
 BANL Forfeited goods; deodand (q. v.) 
 BANISHMENT. A punishment inflicted 
 upon criminals, by compelling them to quit 
 a city, place, or country for a specified 
 period of time, or for life. See 4 Dall. (Pa.) 
 14. It is to be distinguished from "trans- 
 portation," which implies a confinement in 
 some place beyond the realm. 
 
 BANK (Anglicised form of bancus, a 
 bench) . The bench of justi'ce. 
 
 A session in bank is one held by more 
 than one judge of the court to determine 
 matters of law. ^ 
 
 Distinguished from nisi prius sittings t-o 
 determine facts. 3 Sharswood, Bl. Comm. 
 28, note. 
 
 Bank le roy, the king's bench. Finch, Law, 
 198. 
 
 In Commercial Law. A place for the 
 
 deposit of money. 
 
 An institution, generally incorporated, 
 authorized to receive deposits of money, to 
 lend money, and to issue promissory notes. 
 — usually known by the name of "bank 
 notes," — or to perform some one or more 
 of these functions. 
 
 Banks are said to be of three kinds, viz., 
 of deposit, of discount, and of circulation; 
 They generally perform all these opera- 
 tions, but an institution performing but one 
 is a bank. 17 Wall. (U. S.) 118; but see 52 
 Cal. 196. A corporation loaning its own 
 funds on note and mortgage is not a bank. 
 5 Sawy. (U. S.) 32. 
 
 It was the custom of the early money 
 changers to transact their business in pub- 
 lic places, at the doors of churches, at mar- 
 kets, and, among the Jews, in the temple 
 (Mark xi. 15). They used tables or benches 
 for their convenience in counting and as- 
 sorting their coins. The table so used was 
 called banche, and the traders themselves, 
 "bankers," or "'benchers." In times still 
 more ancient, their benches were called 
 cambii, and they themselves were called 
 cambiators. Du Cange, "Cambii." 
 
 BANK ACCOUNT. A fund deposited by 
 a customer of a bank into its common cash, 
 to be drawn out by checks from time to 
 time, as the depositor may require. 
 
 The statement of the amount deposited 
 and drawn, which is kept in duplicate, one 
 
BANK BILLS 
 
 94 
 
 BAR 
 
 in the depositor's bank book, and the other 
 in the books of the bank. 
 
 BANK BILLS. Demand notes of a bank, 
 ■ designed to circulate as money. See 3 Scam. 
 (HI.) 328. 
 
 BANK NOTE. A promissory note, pay- 
 able on demand to the bearer, and intended 
 to circulate as money, made and issued by 
 a person or persons acting as bankers, and 
 authorized by law to issue such i^otes. 
 
 BANKABLE. Bank notes, checks and 
 other securities for money which will be re- 
 ceived as cash by the banks in the place 
 where the word is used. 
 
 BANKER. A dealer In capital, — an inter- 
 mediate party between the borrower and 
 the lendet, — who borrows of one party and 
 lends to another; and the business of 
 banking is, among other things, the estab- 
 lishing of a common fund for lending money. 
 163 111. 65. 
 
 BANKEROUT. 
 
 Old EJnglish. Bankrupt. 
 BANKER'S ^OTE. A promissory note 
 given by a private banker or banking in- 
 stitution not incorporate, but resembling a 
 bank note in all other respects. 6 Mod. 29; 
 3 Chit. Com. Law, 590; 1 Leigh, N. P. 338. 
 
 BANKRUPT. (See "Banque.") A person 
 against whom an involuntary petition or an 
 application to set a composition aside has 
 been filed, or who has filed a voluntary pe- 
 tition, or who has been adjudged a bank- 
 rupt. TJ. S. Bankrupt Act 1898, § 1. Loosely 
 used for "insolvent." (q. v.) 
 
 BANKRUPTCY. The state or condition 
 of a bankrupt. See "Insolvency." (q. v.) 
 
 BANLEUCA. A certain space surround- 
 ing towns or cities, distinguished by pecu- 
 liar privileges. Spelman. It is the same 
 as the French banlieue. 
 
 BAN LIEU. In Canadian law. See "Ban- 
 leuca." 
 
 BANNERET, or BANE RET. One knight- 
 ed on the field. So called, according to 
 Wharton, from the formula of cutting off 
 the point of his standard, so as to make it 
 a banner. 
 
 BANNI NUPTIARUM (Law Lat.) In old 
 English law. The bans of matrimony. Spel- 
 man; Cowell. Bracton uses the singular, 
 bannum. Bracton, fol. 307b. Fleta uses 
 bannus. Fleta, lib. 5, c. 30, § 3. See "Ban- 
 num;" "Bannus." 
 
 BANNIRE AD PLACITA, AD MOLEN- 
 dlnum. To summon tenants to serve at 
 the lord's courts, to bring corn to be ground 
 at his mill. 
 
 BANNITUS. One outlawed or banished. 
 Calv. Lex. 
 
 BANNUM. A ban. (g. v.) 
 
 BANNUS. In old English law. A proc- 
 lamation. Banuus regis, the king's proc- 
 
 lamation, made by the voice of a herald 
 forbidding all present at the trial by com- 
 bat to interfere, either by motion or word, 
 whatever they might see or hear. Brac- 
 ton, fol. 142; Fleta, lib. 1, c. 84, § 1. 
 The bans of marriage. Fleta, lib. 5, c. 
 
 BANQUE. A bench; the table or coun- 
 ter of a trader, merchant, or banker. 
 Banque route, a broken bench or counter- 
 bankrupt, or, in old English, bankerout. ' 
 
 BANS OF MATRIMONY. Public notice 
 or proclamation of a matrimonial contract, 
 and the intended celebration of the mar- 
 riage of the parties in pursuance of such 
 contract, to the end that persons objecting 
 to the same may have an opportunity to 
 declare such objections before the marriage 
 is solemnized. Poth. du Mariage, p. 2, c. 2. 
 
 BAR. 
 
 (1) A particular part of the court room. 
 As thus applied, and secondarily in various 
 ways, it takes its name from the actual 
 bar, or inclosing rail, which originally di- 
 vided the bench from the rest of the room, 
 as well as from that bar, or' rail, which 
 then divided, and now divides, the space 
 Including the bench, and the place which 
 lawyers occupy in attending on and con- 
 ducting trials, from the body of the court 
 room. Those who, as advocates or counsel- 
 lors, appeared as speakers in court, were 
 said to be "called to the bar,"' that is, call- 
 ed to appear in presence of the court, as 
 barristers, or persons who stay or attend 
 at the bar of court. Rich. Diet. "Barrister." 
 By a natural transition, a secondary use of 
 the word was applied to the persons who 
 were so called, and the advocates were, as 
 a class, called "the bar." And in this coun- 
 try, since attorneys, as well as counsellors, 
 appear in court to conduct causes, the mem- 
 bers of the legal profession, generally, are, 
 called the "bar." 
 
 (2) The court, in its strictest sense, sit- 
 ting in full term, i 
 
 TJius, a civil case of great consequence 
 was not left to be tried at nisi prius, but 
 was tried at the "bar of the court itself," 
 at Westminster. 3 BL Comm. 352. So a 
 criminal trial for a capital offense was had 
 "at bar" (4 Bl. Comm. 351), and in this 
 sense the term "at bar" is still used. It is 
 also used in this sense, with a shade of dif- 
 ference (as not distinguishing nisi prius 
 from full term, but as applied to any term 
 of the court), when a person indicted for 
 crime is called "the prisoner at the bar," 
 or is said to stand at the bar to plead to 
 the indictment. See Merlin, Repert. "Bar- 
 reau;" 1 Dupin, Prof. d'Av. 451. 
 
 (3) An obstacle or opposition. Thus, 
 relationship within the prohibited degrees, 
 or the fact that a person is already married, 
 is a bar to marriage. 
 
 (4) A perpetual destruction of the ac- 
 tion of the plaintiff. 1 Ore. 47. 
 
BAR FEE 
 
 96 
 
 BARONS OF CINQUE PORTS 
 
 (5) Bar in the old books is sometimes 
 used for "plea in bar." Co. Litt. 303b. 
 
 BAR FEE. In English law. A fee taken 
 by the sheriff, time out of mind, for every 
 prisoner who is acquitted. Bac. Abr. "Ex- 
 tortion." 
 
 BARAGARIA (Spanish). A concubine. 
 
 BARATRIAM COMMITTIT QUI PROP- 
 ter pecunilatn justitiam baractat. He is 
 guilty of barratry who for money sells jus- 
 tice. Bell, Diet. Barratry at common law 
 has a different signification. See "Bar- 
 ratry." 
 
 BARBANUS. In old Lombardlc law. An 
 uncle (patruus). Spelman. 
 
 BARBICANAGE. Money paid to support 
 a barbican or watch tower. 
 
 BARE TRUSTEE. See "Trustee." 
 
 BARET (Law Fr.) A wrangling suit. 
 Britt. c. 92; Co. Litt. 368b. 
 
 BARGAIN. An agreement between par- 
 ties concerning the sale of property; or a 
 contract, by which one party binds himself 
 to transfer the right to some property for 
 a consideration, and the other party binds 
 himself to receive the property and pay the 
 consideration, an agreement or stipulation 
 of any kind. 209 111. 477. 
 
 BARGAIN AND SALE. A contract or 
 bargain by the owner of land, in considera- 
 tion of money or its equivalent paid, to sell 
 land to another person, called the "bar- 
 gainee," whereupon a use arises in favor 
 of the latter, to whom the seisin is trans- 
 ferred by force of the statute of uses. 2 
 Washb. Real Prop. 128. 
 
 A real contract, whereby a person bar- 
 gains and. sells his lands to another for a 
 pecuniary consideration, in consequence of 
 which a use arises to the bargainee, and by 
 the statute of uses the legal estate and ac- 
 tual possessions are immediately transfer- 
 red to the cestui que use without any entry 
 or other act on his part, thus dispensing 
 with livery of seisin. Devi. Deeds, § 23. 
 
 BARGAINEE. The grantee of an estate 
 in a deea of bargain and sale; the person 
 to whom property is tendered in a bargain. 
 
 BARGAINOR. The person who makes a 
 bargain; he who is to deliver the property 
 and receive the consideration. 
 
 BARLEYCORN. The third of an Inch. 
 Wharton. 
 
 BARMOTE COURTS. Courte held In 
 certain mining districts belonging to the 
 Duchy of Lancaster, for regulation of the 
 mines, and for deciding questions of title 
 and other matters relating thereto. 8 Steph. 
 Comm. 347, note (b) ; St. 14 & 15 Vict, c 94. 
 
 BARNARD'S INN. An Inn of chancery. 
 See "Inns of ChancBiy." 
 
 BARO. A man, whether slave or free. 
 
 Si quis homicidium perpetraverit in bar- 
 one libra seu servo, if any one shall have 
 perpetrated a murder upon any man, slave 
 or free. A freeman or freedman; a strong 
 man; a hired soldier; a vassal; a feudal 
 client. 
 
 Those who held of the king immediately 
 were called "barons of the king." 
 
 A man of dignity and rank; a knight. , 
 
 A magnate in the church. 
 
 A judge in the exchequer (baro scacca- 
 rii). 
 
 The first-born child. 
 
 A husband. 
 
 The word is said by Spelman to have 
 been used more frequently in its latter 
 sense. 
 
 It is quite easy to trace the history of 
 baro, from meaning simply "man," to its 
 various derived significations. Denoting a 
 man, one who possessed the manly qualities 
 of courage and strength would be desirable 
 as a soldier, or might misuse them as a 
 robber. One who possessed them in an 
 eminent degree would be "the" man; and 
 hence baro, in its sense of a title of dignity 
 or honor, particularly applicable in a war- 
 like age to the best soldier. See, generally, 
 Bac. Abr.; Comyn, Dig.; Spelman. 
 
 BARON. A general titl& of nobility (1 
 Bl. Comm. 398) ; a particular title of no- 
 bility, next to that of viscount; a judge of 
 the exchequer (Cowell; 1 Bl. Comm. 44). 
 
 A husband. In this sense it occurs in 
 the phrase baron et feme, husband and wife 
 (1 Bl. Comm. 432), and this is the oply 
 sense in which it is used in the American 
 law, and even in this sense it is now but 
 seldom found. 
 
 A freeman. Especially applied to the in- 
 habitants of the Cinque Ports, — Romney, 
 Sandwich, Hastings, Rotherhithe, and Do- 
 ver, and the two latterly constituted ports 
 of Winchelsea and Rye. 
 
 It has essentially the same meanings as 
 bar a (q. v.) 
 
 BARON ET FEME. Man and woman; 
 husband and wife. It is doubtful if the 
 words had originally in this phrase more 
 meaning than man and woman. The vul- 
 gar use of man and woman for husband and 
 wife suggest the change of meaning which 
 might naturally occur from man and wo- 
 man to husband and wife. Spelman; 1 Bl. 
 Comm. 442. 
 
 BARONAGE, The nobility generally; the 
 collective body of barons. 
 
 BARONET. An English Otle of dignity. 
 It is an hereditary dignity, descendible, but 
 not a title of nobility. It is of very early 
 use. Si)©lman; 1 Bl. Comm. 408. 
 
 BARONS OF THE CINQUE PORTS. 
 
 Members, of parliament from these ports; 
 freemen resident in these ports, viz., Sand- 
 
BARONS OF THE EXCHEQUER 96 
 
 BASE SERVICES 
 
 wich, Romney, Hastings, Hithe and Dover, 
 Winchelsea and Rye. 
 
 BARONS OF THE EXCHEQUER. The 
 judges of the exchequer. See "Exchequer." 
 
 BARONY OF LAND. A quantity of land 
 amounting to fifteen acres. In Ireland, a 
 subdivision of a county. 
 
 BARONY. The dignity of a baron; a 
 species of tenure; the territory or lands 
 held by a baron. Spelman. 
 
 BARRA, or BAR RE. In old practice. A 
 plea in bar. Dyer, 56. The bar of the 
 court; a barrister. Co. Litt. .372a; 1 Ld. 
 Raym. 595. 
 
 BARRATOR. 
 
 ratry. 
 
 One -who commits bar- 
 
 BARRATRY (Fr. barat, bamterie, rob- 
 bery, deceit, fraud). 
 
 In Criminal Law. Common barratry is 
 
 the offense of frequently exciting and stir- 
 ring up quarrels and suits, either at law or 
 otherwise. 4 Bl. Comm. 134; Co. Litt. 368. 
 Sometimes called "barretry." 
 
 An attorney is not liable to indictment 
 for maintaining another in a groundless ac- 
 tion. 1 Bailey (S. C.) 379. See 1 Bish. 
 Crim. Law, •§§ 401, 645, 646; 2 Bish. Crim. 
 Law, §§ 57-61; Bac. Abr.; 8 Coke, 36b; 9 
 Cow. (N. Y.) 587; 15 Mass. 229; 11 Pick. 
 (Mass.) 432; 13 Pick. (Mass.) 362. 
 
 In Maritime Law and Insurance. An 
 
 unlawful or fraudulent act, or very gross 
 and culpable negligence, of the master or 
 mariners of a vessel, in violation of their 
 duty as such, and directly prejudicial to the 
 owner, and without his consent. 1 Phil. 
 Ins. c. 13; Abb. Shipp. 167, note; 2 Caines 
 (N. Y.) 67, 222; 3 Caines (N. Y.) 1; 1 Johns. 
 (N. Y.) 229; 11 Johns. (N. Y.) 40, 13 Johns. 
 (N. Y.) 451; 2 Bin. (Pa.) 274; 8 Cranch 
 (U. S.) 139; 5 Day (Conn.) 1; 3 Wheat. (U. 
 S.) 163; 4 Ball. (U. S.) 294. 
 
 In Scotch Law. The crime of a judge 
 
 who receives a bribe for his judgment. 
 Skene de Verb. Sign. 
 
 BARREN MONEY. A debt which bears 
 no interest. 
 
 BARRENNESS. Sterility in a female; 
 the incapacity to produce a child. 
 
 BARRISTER. In English law. A coun- 
 sellor admitted to plead at the bar. 
 
 Inner Barrister. A Serjeant or king's 
 
 counsel who pleads within the bar. 
 
 Ouster Barrister. One who pleads 
 
 ouster, or without the bar. 
 
 Vacation Barrister. A counsellor new- 
 ly called to the bar, who is to attend for sev- 
 eral long vacations the exercise of the 
 house. 
 
 Barristers are called apprentices, appren- 
 titii ad legem, being looked upon as learn- 
 
 ers, and not qualified until they obtain the 
 degree of serjeant. Edmund Plowden, the 
 author of the Commentarie.s, a volume of 
 elaborate reports in the reigns of Edward 
 VI., Mary, Philip and Mary, and Elizabeth, 
 describes himself as an apprentice of the 
 common law. See "Attorney." 
 
 BARTER. A contract by which parties 
 exchange goods for goods. It differs from 
 a sale in that a barter is always of goods 
 for goods; a sale is of goods for money, or 
 for money and goods. In a sale there is a 
 fixed pi:ice; in a barter there is not. 
 
 There must be a delivery of goods to com- 
 plete the contract. 
 
 BARTON. In old English law. The de- 
 mesne land of a manor; a farm distinct 
 from the mansion. 
 
 BAS CHEVALIERS. Knights by tenure 
 of a base military fee, as distinguished 
 from bannerets, who were the chief or su- 
 perior knights. Kennett, Par. Ant.; Blount. 
 
 BASE COURT. In English law. Any in- 
 ferior court that is not of record, as a court 
 baron, etc. Kitch. Cts. 95, 96; Cowell. 
 
 BASE ESTATE. The estate which "base 
 tenants" (q. v.) have in their land. Cowell. 
 
 BASE FEE. A fee which has a qualifi- 
 cation annexed to it, and which must be de- 
 termined whenever the annexed qualifica- 
 tion requires. 
 
 A grant to A. and his heirs, tenants of 
 Dale, continues only while they are such 
 tenants. 2 Bl. Comm. 109. 
 
 The proprietor of such a fee has all the 
 rights of the owner of a fee simple until 
 his estate is determined. Plowd. 557; -.1 
 Washb. Real Prop. 62; 1 Prest. Est. 431; 
 Co. Litt. lb. 
 
 One of the peculiarities of a base or de- 
 terminable fee is that it may become a fee 
 simple absolute on the happening of any 
 event which renders impossible the event or 
 combination of events upon which such an 
 estate is to end. 
 
 It is the uncertainty of the event, and 
 the possibility that the fee may not last 
 forever, that renders a base or determi- 
 nable estate a fee, and not merely a free- 
 hold. 
 
 BASE INFEFTMENT (Scotch). A dispo- 
 sition of land by a vassal, to be held of 
 himself. 
 
 BASE RIGHT. In Scotch law. A sub- 
 ordinate right; the right of a subvassal in 
 the lands held by him. Bell, Diet. 
 
 BASE SERVICES. Such services as were 
 unworthy to be performed by the nobler 
 men, and were performed by the peasants 
 
BASE TENANTS 
 
 97 
 
 BATTEL 
 
 and those of servile rank. 2 Bl. Comm. 62; 
 1 Washb. Real Prop. 25, 
 
 BASE TENANTS. 
 
 (1) Tenants who held their lands at the 
 ■will of their superior lord, as distinguished 
 from "frank tenants" (g. v.), who were 
 freeholders. 
 
 (2) Tenants who rendered to their lords 
 services in villeinage. Cowell. 
 
 BASE TENURE. A tenure by villeinage, 
 or other customary service, as distinguished 
 from tenure by military service, or from 
 tenure by free service. Cowell. 
 
 BASILEIJS. The title of the Etnperor 
 Justinian in Novs. 2. 3. 4. 6. et seq., and 
 sometimes applied to the king of England, 
 in charters prior to the Norman conquest. 
 1 Bl. Comm. 242. 
 
 BASILICA. An abridgment of the Cor- 
 pus Juris Civilis of Justinian, translated 
 into Greek, and first published in the ninth 
 century. 
 
 BASILS (Lat. basilli). In old English 
 law. A kind of money or coin abolished by 
 Henry II. Spelman; Cowell. 
 
 BASKET TENURE. Lands held by the 
 service of making the king's baskets. 
 
 BASSE JUSTICE. In feudal law. Low 
 justice; the right of a feudal lord to try 
 persons accused of petty offenses or tres- 
 passes. 
 
 BASTARD (has or bast, abject, low, base; 
 aerd, nature). 
 
 One born of an illicit connection. It in- 
 cludes children begotten and born out of 
 lawful wedlock, whose parents do not subse- 
 quently marry, and children born in wed- 
 lock, but begotten of an adulterous inter- 
 course. 
 
 A child begotten out of wedlock, but 
 whose parents marry before its birth, is le- 
 gitimate (62 Iowa, 343; 43 Ohio St. 473; 
 75 Pa. St. 433), and, by the weight of au- 
 thority, a marriage after the birth renders 
 -the child legitimate (9 Ala. 965; 85 Ind.. 
 357; 38 Ky. 170; 20 Tex. 731). 
 
 The child of a voidable marriage is legiti- 
 mate (13 Iowa, 198), but, at common law, 
 the issue of a void marriage is a bastard 
 (22 Md. 468; 1 N. J. Eq. 96) ; but by statute 
 in many states, such issue is made legiti- 
 mate if the marriage was in good faith. 
 
 BASTARD EIGNE. Bastard elder. 
 
 By the old English law, when a man had 
 a bastard son, and he afterwards married 
 the mother, and by her had a legitimate 
 son, the first was called a bastard eigne, or, 
 as it is now spelled, aine, and the second 
 
 son was called puisne, or since bom, or 
 sometimes he was cilled mulier puisne. 
 See 2 Bl. Comm. 248. 
 
 BASTARDA. A female bastard. Calv. 
 Lex. 
 
 BASTARDUS NON POTEST HABERE 
 haeredem nisi de corpore suo tegitime pro- 
 creatum. A bastard can have no heir ua- 
 less it be one lawfully begotten of his own 
 body. Tray, Lat. Max. 51. 
 
 BASTARDUS NULLIUS EST FILIUS, 
 aut filius populi. A bastard is nobody's son, 
 or the son of the people. 
 
 BASTARDY. The offense of begetting a 
 bastard child; the condition of a bastard. 
 
 BASTARDY PROCESS (or PROCEED- 
 Ings). The statutory mode of proceeding 
 against the putative father of a bastard to 
 secure a proper maintenance for the bas- 
 tard. 
 
 BASTON. In old English law. A staff 
 or club. 
 
 In some old- English statutes, the servants 
 or officers of the wardens of the fleet are 
 so called, because they attended the king's 
 courts with a red staff. 
 
 BATABLE GROUND. Land that Is In 
 controversy, or about the possession of 
 which there is a dispute, as the lands which 
 were situated between England and Scot- 
 land before the union. Skene de Verb. Sign. 
 
 BATAILLE. In old English law. Battel; 
 the trial by combat or duellum. Brit. c. 
 25; Y. B. M. 4 Edw. IIL 12. 
 
 BATH, KNIGHTS OF THE. In English 
 law. A military order of knighthood, in- 
 stituted by Richard II. The order was 
 newly regulated by notifications in the Lon- 
 don Gazette of 25th May, 1847, and 16th 
 August, 1850. Wharton. 
 
 BAT I ME NT. In French marine law. A 
 vessel. Ord. Mar. liv. 1, tit. 14, art. 2. 
 
 BATTEL. Trial by combat. 
 
 It was called also "wager of battel" or 
 "battaile,'' and could be claimed in appeals 
 of felony. It was of frequent use in af- 
 fairs of chivalry and honor, and in civil 
 cases upon certain issues. Co. Litt. § 294. 
 It was not abolished in England till the en- 
 actment of St. 59 Geo. III. c. 46. See 1 
 Barn. & Aid.. 405; 3 Sharswood, Bl. Comm. 
 339; 4 Sharswood, Bl. Comm. 347. See 
 "Appeal." This mode of trial was not pe- 
 culiar to England. The emperor Otho, A. D. 
 983, held a diet at Verona, at which several 
 sovereigns and great lords' of Italy, Ger- 
 many, and France were present. In order 
 
BATTERY 
 
 98 
 
 BEAUPLEADEE 
 
 to put a stop to the frequent perjuries in 
 judicial trials, this diet substituted in all 
 cases, even in those which followed the 
 course of the Roman law, proof by combat 
 for proof by oath. Henrion de Pansey, Auth. 
 Judic. Introd. c. 3. And for a detailed ac- 
 count of this mode of trial, see Herbert, 
 Inns of Court, 119-1145. 
 
 BATTERY. Any unlawful beating, or 
 other wrongful physical violence or con- 
 straint, inflicted on a human being without 
 his consent. 2 Bish. Crim. Law, § 62; 17 
 Ala. 540; 9 N. H. 491. It includes every 
 touching of another in a rude, angry, or 
 hostile manner. 65 Ala. 520; 53 111. Ill; 67 
 Ind. 304. 
 
 BATTURE (Fr. shoals, shallows). An 
 elevation of the bed of a river under the 
 surface of the water; but it is sometimes 
 used to signify the same elevation when it 
 has risen above the surface. 6 Mart. (La.) 
 19, 216. 
 
 The term "battures" is applied principal- 
 ly to certain portions of the bed of the 
 river Mississippi, which are left dry when 
 the water is low, and are covered again, 
 either in whole or in part, by the annual 
 swells. 
 
 BAWD. A procurer; one who procures 
 for other persons opportunities for .illicit 
 cohabitation. 4 Mo. 216. 
 
 BAWDY HOUSE. A house of ill fame, 
 kept for the resort and unlawful commerce 
 of lewd people of both sexes. 
 
 BAY. An inclosure, or other contrivance, 
 to keep in the water for the supply of a 
 mill, so that the water may be able to drive 
 the wheels of such mill. St. 27 Eliz. c. 19. 
 
 An inlet of the sea. 
 
 BAYLEY. In old English law. Bailiff. 
 This term is used in the laws of the colony 
 of New Plymouth, Mass. A. D. 1670, 1671. 
 
 BAYOU. A stream which is the outlet 
 of a swamp near the sea. Applied to the 
 creeks in the lowlands lying on the Gulf of 
 Mexico. 
 
 BEACONAGE. Money paid for the main- 
 tenance of a beacon. Oomyn, Dig. "Navi- 
 gation" (H). 
 
 BEADLE (Saxon, beodan, to bid). A 
 church servant chosen by the vestry, whose 
 business it is to attend the vestry, to give 
 notice of Its meetings, to execute its orders, 
 to attend upon inquests, and -to assist the 
 constables. 
 
 BEARER. One who bears or carries a 
 thing. 
 
 If a bill or note be made payable to bear- 
 er, it will pass by delivery only, without in- 
 
 dorsement, and whoever fairly acquires a 
 right to it may maintain an action against 
 the drawer or acceptor. 
 
 BEARERS. Such as bear down or op- 
 press others; maintainers. 
 
 BEARING DATE. Words frequently used 
 in pleading and conveyancing to introduce 
 the date which has been put upon an in- 
 strument. 
 
 When, in a declaration, the plaintiff al- 
 leges that the defendant made his promis- 
 sory note on such a day, he will not be con- 
 sidered as having alleged that it bore date 
 on that day, so as to cause a variance be- 
 tween the declaration and the note produced 
 bearing a different date. 2 Greenl. Ev. 
 §160; 2 Dowl. & L. 759. 
 
 BEASTGATE. In Suffolk, England, im- 
 ports land and common for one beast. 2 
 Strange, 1084; Rose. Real Actions, 485. 
 
 BEASTS. Four-footed animals. They were 
 anciently divided into "beasts of the plow," 
 — ^those used in husbandry; "beasts of the 
 chase," — ^the buck, doe, fox, marten, and 
 roe; "beasts of the forest," — the hart, hind, 
 hare, boar, and wolf; and "beasts of the 
 warren," — the hare and coney. 2 Bl. Comm. 
 39; Co. Litt. 233. 
 
 BEAT. See "Assault.." 
 
 BEAUPLEADER (Law Fr. fair pleading). 
 A writ of prohibition directed to the sheriff 
 or other, directing him not to take a fine 
 for beaupleader. 
 
 There was anciently a fine imposed called 
 a "fine for beaupleader," which is explain- 
 ed by Coke to have been originally imposed 
 for bad pleading. Coke, 2d Inst. 123. It 
 was set at the will of the judge of the court, 
 and reduced to certainty by consent, and 
 annually paid. Comyn, Dig. "Prerogative" 
 (D 52). St. Marlebridge (52 Hen. IIL) c. 
 11, enacts that neither in the circuit of jus- 
 tices, nor in counties, hundreds, or courts 
 baron, any fines shall be taken for fair 
 pleading, namely, for not pleading fairly or 
 aptly to the purpose. Upon this statute, 
 this writ was ordained, directed to the 
 sheriff, bailiff, or him who shall demand 
 the fine, and it is a prohibition or command 
 not to do it. New Nat. Brev. 596; Fitzh. 
 Nat Brev. 270a; Hall, Hist. Com. Law, c 7. 
 Mr. Reeve explains it as a fine paid for 
 the privilege of a fair hearing. 2 Reeve, 
 Hist. Eng. Law, 70. This latter view 
 would perhaps derive some confirmation 
 from the connection in point of time of this 
 statute with Magna Charta, and the re- 
 semblance which the custom bore to ttie 
 other customs against which the clause In 
 the charter of nuUi vendemus, etc, was 
 directed. See Oomyn, Dig. "Prerogative" 
 
BED OP JUSTICE 
 
 99 
 
 BENCH 
 
 (D Bl, 52) ; Cowell; 2 Inst. 122, 123; Crabb, 
 HiBt. Eng. Law, 150. 
 
 BED OF JUSTICE (Fr.) The seat or 
 throne upon which the king sat when per- 
 sonally present in parliament; hence it 
 signified the parliament itself. 
 
 BED OF THE RIVER. That portion of 
 the river which is alternately covered and 
 left bare, as there may be an increase or 
 diminution in the supply of water, and 
 which is adequate to contain it at its av- 
 erage and mean stage during the entire 
 year, without reference to the extraordinary 
 freshets of the winter or spring, or the ex- 
 treme droughts of the summer or autumn. 
 224 111. 54. 
 
 That part between the banks worn by the 
 regular flow of the water. 239 111. 233. 
 
 BEDEL. In English law. A crier or 
 messenger of court, who summons men to 
 appear and answer therein. Cowell. An 
 inferior officer in a parish or liberty. See 
 "Beadle." 
 
 BEDELARY. The jurisdiction of a bedel, 
 as a bailiwick is the jurisdiction of a bailiff. 
 Co. Litt. 234b; Cowell. 
 
 BEOEREPE. A service which certain ten- 
 ants were anciently bound to perform, as 
 to reap their landlord's corn at harvest. 
 Said by Whishaw to be still in existence in 
 some parts of England. Blount; Cowell; 
 Whishaw. 
 
 BEER. A" fermented liquor, made from 
 any malted grain, with hops and other bit- 
 ter flavoring matters. A fermented extract 
 of the roots and other parts of various 
 plants, as, spruce, ginger, sassafras, etc. 
 120 111. 24. 
 
 The word "beer," when employed in con- 
 nection with sales in a place where intoxi- 
 cating liquors are usually sold, means an 
 intoxicating drink. 134 111. App. 560. 
 
 BEGGAR. One who obtains his liveli- 
 hood by asking alms. The laws of several 
 of the states punish begging as an offense. 
 
 Words of solicitation are not necessary, 
 but the solicitation may be by attitude or 
 gesture. 3 Abb. N. C. (N. Y.) 65. 
 
 BEHAVIOR. Manner of having, holding, 
 or keeping one's self; carriage of one's self, 
 with respect to propriety, morals, and the 
 requirements of law. Surety to be of good 
 behavior is a larger requrement than sur- 
 ety to keep the peace. Dalton, c. 122; 4 
 Burns, Just. 355; 240 111. 564. 
 
 A "breach of good behavior," for which 
 an official can be removed, is not confined 
 to misbehavior in office. 2 Mart. (La.; N. 
 S.) 700. 
 
 BEHETRIA (Arabic, without nobility or 
 lordship). In Spanish law. Lands situated 
 in districts and manors in which the inhab- 
 itants had the right to select their own 
 lords. 
 
 BehePriae were of two kinds: Behetrias 
 de entre parientes, when the choice was re- 
 stricted to a relation of the deceased lord, 
 and behetrias de mar a TTtar, when the choice 
 was unrestricted. 
 
 The lord, when elected, enjoyed various 
 privileges, called yantor, conduoho, marti- 
 niego, marzadga, infurcion, etc. These con- 
 tributions were intended for his mainte- 
 nance, the construction of his dwelling, the 
 support of his family and his followers, 
 etc. Escriche, Die. Raz.; Sempere y Guar- 
 inos, Vinculos y Mayarazgos, p. 67, note. 
 See, also, on this subject, Fuero Viejo de 
 Castilla, bk. 1, tit. 8; Las Partidas, tit. 25, 
 p. 4; El Ordenamiento de Acala in different 
 laws in title 32. See, likewise, book 6, tit. 
 1, of the Novisima Recopilacion. 
 
 BEHOFF (Saxon). Use; service; profit; 
 advantage. It occurs in conveyances. 
 
 BELIEF. Conviction of the mind, arising 
 not from actual perception or knowledge, 
 but by way of inference, or from evidence 
 received or information derived from others. 
 It differs from "knowledge" only in degree. 
 9 Gray (Mass.) 274. It is said to be a 
 stronger word than "imagination." (4 Ga. 
 37), or "suspicion" (5 Cush. [Mass.] 374), 
 but has been held to be substantially 
 synonymous with "supposition" (102 111. 
 277). 
 
 Belief may evidently be stronger or weak- 
 er, according to the weight of evidence ad- 
 duced in favor of the proposition to which 
 belief is granted or refused, and so "firm 
 belief" in a statute means more than "be- 
 lief." 4 Serg. & R. (Pa.) 137; 1 Greenl. Ev. 
 §§ 7-13. See 1 Starkie, Ev. 41; 2 W. Bl. 
 881; 8 Watts (Pa.) 406. 
 
 BELLIGERENT. ActuaUy at war. Ap- 
 plied to nations. Wheat. Int. Law, 380 et 
 seq.; 1 Kent, Comm. 89. The subject of a 
 hostile power. 
 
 BELLO PARTA CEDUNT REIPUBLI- 
 cae. Things acquired in war go to the state. 
 Cited 2 Russ. & M. 56; 1 Kent, Comm. 101; 
 5 C. Rob. Adm. 155, 163; 1 Gall. (U. S.) 
 558. 
 
 BELONG. To be the property of. 248 
 111. 610. 
 
 BELOW. Inferior; preliminary. The 
 court below is the court from which a cause 
 has been removed. See "Bail." 
 
 BENCH. A tribunal for the administra- 
 tion of justice. 
 
 The judges taken collectively, as distin- 
 
BENCH WARRANT 
 
 100 
 
 BENEPICIUM 
 
 guished from counsellors and advocates, 
 who are called the "bar." 
 
 The term, indicating originally the seat 
 of the judges, came to denote the body of 
 judges taken collectively, and also the tri- 
 bunal itself. The jus tanci, says Spelman, 
 properly belongs to the king's judges, who 
 administer justice in the last resort. The 
 judges of the inferior courts, as of the 
 barons, are deemed to judge piano pede, 
 and are such as are called in the civil law 
 pedanei judices. The Romans used the words 
 sellae and tribunalia to designate the seats 
 of their higher judges, and subsellia to 
 designate those of the lower. See Spel- 
 man, "Bancus;" 1 Reeve, Hist. Eng. Law 
 (4th Ed.) 40, 
 
 "The court of common pleas in England 
 was formerly called bancus, the bench, as 
 distinguished from hancus reflris,-the king's 
 bench. It was also called communis ban- 
 ens, the common bench ; and this title is still 
 retained by the reporters of the decisions 
 in the court of common pleas. Mention is 
 made in the Magna Charta 'de justieiariis 
 nostris de banco,' which all men know to 
 be the justices of the court of common pleas, 
 commonly called the common bench, or the 
 bench." Viner, Abr. "Courts," note 2. 
 
 BENCH WARRANT. An order issued by 
 or from a bench, for the attachment or ar- 
 rest of a person. It may issue either in 
 case of a contempt, or where an indictment 
 has been found. It is so called because Is- 
 sued by order of, a court or bench, as dis- 
 tinguished from warrant issued by a mag- 
 istrate. 
 
 BENCHER. A senior In the Inns of 
 Court, intrusted with their government or 
 direction. 
 
 The benchers have the absolute and irre- 
 sponsible power of punishing a barrister 
 guilty of misconduct, by either admonish- 
 ing or rebuking him, by prohibiting him 
 from dining in the hall, or even by expell- 
 ing him from the bar, called "disbarring." 
 They might also refuse admission to a stu- 
 dent, or reject his call to the bar. Whar- 
 ton. 
 
 BENE (Lat.) In old English law. Well; 
 sufficiently; in due form; safely. Bene et 
 in pace, well and in peace, Magna Cart. 
 Johan. c. 63. See "Biens." 
 
 BENEDICTA EST EXPOSITIO QUANDO 
 res redimitur a destructione. Blessed is the 
 exposition when the thing is saved from 
 destruction. 4 Coke, 26. 
 
 BENEFICE. An ecclesiastical preferment. 
 In its more extended sense, it includes any 
 such preferment; in a more limited sense, 
 it applies to rectories and vicarages only. 
 See "Beneficium." 
 
 BENEFICE DE DISCUSSION. 
 discussion (g. v.) 
 
 Benefit of 
 
 BENEFICE DE DIVISION. In French law. 
 The right of contribution between sureties. 
 
 BENEFICE D'INVENTAIRE. This, in 
 French, corresponds to the beneficium irir 
 ventarii of Roman law, and substantially 
 to the English-law doctrine that the execu- 
 tor properly accounting is only liable to 
 the extent of the assets received by him. 
 Brovm. 
 
 BENEFICIAL ENJOYMENT. The enjoy- 
 ment of an estate in one's own right, and 
 for his own benefit, and not as trustee for 
 another. 3 Hurl. & C. 1030. 
 
 BENEFICIAL INTEREST. Profit, bene- 
 fit, or advantage resulting from a contract, 
 or the ownership of an estate, as distinct 
 from the legal ownership or control. 
 
 A cestui que trust has the beneficial in- 
 terest in a trust estate, while the trustee 
 has the legal estate. If A. makes a con- 
 tract with B. to pay C. a sum of money, C. 
 has the beneficial interest in the contract. 
 
 A beneficial interest, when considered as 
 a designation of the character of an estate, 
 is such an interest as a devisee takes solely 
 for his own use or benefit and not as a mere 
 holder of the title for the use of another. 
 266 111. 340; 208 111. 442. 
 
 BENEFICIAL POWER. "A power is 
 beneficial when no person other than the 
 grantee has, by the terms of its creation, 
 any interest in its execution." Rev. St. N. 
 Y. § 79. 
 
 A power is beneficial if, by the terms of 
 its creation, no interest in its execution is 
 given to a person other than the grantee, 
 though no such interest is especially given 
 to the grantee. 73 N. Y. 234. 
 
 BENEFICIARY. A term suggested by 
 Judge Story as a substitute for cestui que 
 trust (q. V.) (1 Story, Eq. Jur. § 321), and 
 now quite largely adopted. 
 
 BENEFICIO PRIMO (more fully, benefi- 
 cio primo ecclesiastico habendo). A writ 
 directed from the king to the chancellor 
 commanding him to bestow the benefice 
 which shall first fall in the king's gift, 
 above or under a certain value, upon a par- 
 ticular and certain person. Reg. Grig. 307. 
 
 BENEFICIUM (Lat. beneficere). A por- 
 tion of land or other immovable thing 
 granted by a lord to his followers for their 
 stipend or maintenance. 
 
 A general term applied to ecclesiastical 
 livings. 4 Bl. Comm. 107; Cowell. 
 
BENEFICIUM ABSTINENDI 
 
 101 
 
 BENEFIT OP CLERGY 
 
 In the early feudal times, grants were 
 made to continue only during the pleasure 
 of the grantor, which were called munera, 
 but soon afterwards these grants were 
 made for life, and then they assumed the 
 name of benefida. Dalr. Feud. Prop. 199. 
 Pomponius Laetus, as cited by Hotoman 
 (De Feudis, c. 2), says "that it was an an- 
 cient custom, revived by the Emperor Con- 
 stantine, to give lands and villas to those 
 generals, prefects, and tribunes who had 
 grown old in enlarging the empire, t6 sup- 
 ply their necessities as long as they lived, 
 which they called 'parochial,' — ^parishes, etc. 
 But between fiefs or feuds {feuda) and 
 parishes (parochias) there was this differ- 
 ence, that the latter were given to old men, 
 veterans, etc., who, as they deserved well 
 of the republic, were sustained the rest of 
 their life {jpuhlico beneficio) by the public 
 benefaction; or, if any war afterwards 
 arose, they were called out not so much as 
 soldiers as leaders (magistri militum). 
 Feuds (feuda), on the other hand, were 
 usually given to robust young men who 
 could sustain the labors of war. In later 
 times, the word parochia was appropriated 
 exclusively to ecclesiastical persons, while 
 the word beneficium (militare) continued to 
 be used in reference to military fiefs or 
 fees." 
 
 In Civil Law. Any favor or privilege. 
 
 BENEFICIUM ABSTINENDI. In Roman 
 law. The power of an heir to abstain from 
 accepting the inheritance. Sandars, Just. 
 Inst. (5th Ed.) 214; Cum. Com. Law, 156. 
 
 ' BENEFICIUM CEDENDARUM ACTIO- 
 num. The privilege by which a surety 
 could, before paying the creditor, compel 
 him to make over to him the actions which 
 belonged to the stipulator, so as to avail 
 himself of them. Sandars, Just. Inst. (6th 
 Ed.) 332, 351. 
 
 tioners (sureties) bind themselves "con- 
 junctly and severally." Ersk. Inst. lib. 3, 
 tit. 3, § 63. 
 
 BENEFICIUM INVENTARI. 
 inventory {q. v.) 
 
 Benefit of 
 
 BENEFICIUM CLERICALE. 
 clergy (q. v.) 
 
 Benefit of 
 
 BENEFICIUM COMPETENTIAE. 
 
 In Scotch Law. The privilege of re- 
 taining a competence belonging to the obli- 
 gor in a gratuitous obligation. Such a claim 
 oonstitutes a good defense in part to an ac- 
 tion on the bond. Paterson, Comp. 
 
 In Civil Law. The right which an 
 
 insolvent debtor had, among the Romans, 
 on making cession of his property for the 
 benefit of his creditors, to retain what was 
 required for him to live honestly according 
 to his condition. 7 Toullier, Dr. Civ. note 
 258. 
 
 BENEFICIUM DIVISIONS. In Scotch 
 and civil law. A privilege whereby a co- 
 surety may insist upon paying only his 
 share of the debt along with the other sure- 
 ties. In Scotch law this is lost if the cau- 
 
 BENEFICIUM NON DATUM NISI PROP- 
 ter officium. A remuneration not given un- 
 less an account of a duty performed. Hob. 
 148. 
 
 BENEFICIUM ORDINIS. In Scotch and 
 civil law. The privilege of the surety al- 
 lowing him to require that the creditor shall 
 take complete legal proceedings against the 
 debtor to exhaust him before he calls upon 
 the surety. 1 Bell, Comm. 347. 
 
 BENEFICIUM SEPARATIONIS. In the 
 civil law. The right to have the goods of 
 an heir separated from those of the testator 
 in favor of creditors. 
 
 BENEFIT OF CESSION. In civil law. 
 The release of a debtor from future impris- 
 onment for his debts, which the law oper- 
 ates in his favor upon the surrender of his 
 property for the benefit of his creditors. 
 Pothier, Proced. Civ. 5eme part, c. 2, § 1. 
 This was something like a discharge un- 
 der the insolvent laws, which releases the 
 person of the debtor, but not the goods he 
 may acquire afterwards. See "Bankrupt;" 
 "Cessio Bonorum;" "Insolvent." 
 
 BENEFIT OF CLERGY. In English law. 
 An exemption of the punishment of death, 
 which the laws impose on the commission 
 of certain crimes, on the culprit demanding 
 it. By modern statutes, benefit of clergy 
 was rather a substitution of more mild 
 punishment for the punishment of death. 
 
 A clergyman was exempt from capital 
 punishment toties quoties, as often as, from 
 acquired habit, or otherwise, he repeated 
 the same species of offense. The laity, 
 provided they could read, were exempted 
 only for a first offense ; for a second, though 
 of an entirely different nature, they were 
 hanged. Among the laity, however, there 
 was this distinction: Peers and peeresses 
 were discharged for their first fault without 
 reading, or any punishment at all; common- 
 ers, if of the male sex, and readers, were 
 branded in the hand. Women commoners 
 had no benefit of clergy. 
 
 Benefit of clergy was latterly granted, not 
 only to the clergy, as was formerly the case, 
 but to all persons. The benefit of clergy 
 seems never to have been extended to the 
 crime of high treason, nor to have em- 
 braced misdemeanors inferior to felony. 
 See 1 Chit. Crim. Law, 667, 668; 4 Bl. 
 Comm. c. 28; 1 Bish. Crim. Law, §§ 622- 
 624. But this privilege, improperly given to 
 
BENEFIT OF DISCUSSION 
 
 102 
 
 BEREWICA 
 
 the clergy, because they had more learning 
 than others, was abolished by St. 7 Geo. 
 IV. c. 28, § 6. 
 
 By the act of congress of April 30, 1790, 
 it is provided (section 30) that the benefit 
 of clergy shall not be used or allowed upon 
 conviction of any crime for which, by any 
 statute of the United States, the punish- 
 ment is, or shall be declared to be, death. 
 
 In some early state decisions, the right 
 was recognized in the United States (1 
 Murph. [N. C] 147; 4 Strobh. [S. C] 372), 
 while in others it is held to be obsolete (1 
 Blackf. [Ind.] 66; 3 Minn. 246). 
 
 BENEFIT OF DISCUSSION. In civil law. 
 The right which a surety has to cause the 
 property of the principal debtor to be ap- 
 plied in satisfaction of the obligation in the 
 first instance. Civ. Code La. arts. 3014- 
 3020. 
 
 BENEFIT OF DIVISION. In clvU law. 
 The right of one of several joint sureties, 
 when sued alone, to have the whole obliga- 
 tion apportioned amongst the solvent sure- 
 ties, so that he need pay but his share. 
 Civ. Code La. arts. 3014-3020. See 2 Bouv. 
 Inst, note 1414. 
 
 BENEFIT OF INVENTORY. In civil 
 law. The privilege which the heir obtains 
 of being liable for the charges and debts 
 of the succession, only to the value of the 
 eflFects of the succession, by causing an in- 
 ventory of these effects within the time and 
 manner prescribed by law. Civ. Code La. 
 art. 1025; Poth. des Success, c. 3, § 3a. 2. 
 See, also, Paterson, Comp., as to the Scotch 
 law upon this subject. 
 
 BENERTH. A feudal service rendered by 
 the tenant to his lord with plow and cart. 
 Cowell; Spelman. 
 
 BENEVOLENCE. Good will; kindness; 
 humanity. It is a broader word than "char- 
 ity." 19 N. J. Eq. 307; 44 Conn. 60; 11 
 Mass. 267. 
 
 In Old English Law. A voluntary gra- 
 tuity given by the subjects to the king. 
 Cowell. Benevolences were first granted to 
 Edward IV.; but under subsequent mon- 
 archs they became anything but voluntary 
 gifts, and in the Petition of Rights (3 Car. 
 I.) it is made an article that no benevolence 
 shall be extorted without the consent of par- 
 liament. The illegal claim and collection of 
 these benevolences was one of the promi- 
 nently alleged causes of the rebellion of 
 1640. 1 Bl. Comm. 140; 4 Bl. Comm. 436; 
 Cowell. 
 
 BENEVOLENT. A term of wider and 
 more indefinite meaning than "charitable," 
 and generally held too indefinite to up- 
 hold a bequest for such purposes. 19 N. 
 J. Eq., 307; 5 Beav. 300; 107 U. S. 184. 
 
 BENIGNAE FACIENDAE SUNT INTER- 
 pretatlones chartarum, ut res magis valeat 
 quam pereat. Constructions of documents 
 are to be made favorably, that the instru- 
 ment may rather avail than perish. 
 
 BENIGNE FACIENDAE SUNT INTER- 
 pretationes chartarum, ut res magis valeat 
 quam pereat, et quaelibet concessio fortis. 
 sime contra donatorem interpretanda est 
 Liberal interpretations are to be made of 
 deeds, so, that more may stand than fall, 
 and every grant is to be taken most strong- 
 ly against the grantor. 4 Mass. 134; 1 
 Sandf. Ch. (N. Y.) 258, 268; compare 275, 
 277. 
 
 BENIGNE FACIENDAE SUNT INTER, 
 pretationes propter simpiicitatem laicorum, 
 ut res magis valtae quam pereat; et verba 
 intentione, non e contra, debent inservire. 
 Cdnstructions should be liberal, on account 
 of the ignorance of the laity, or nonprofes- 
 sional persons, so that the subject-matter 
 may avail rather than perish; and words 
 must be subject to the intention, not the in- 
 tention to the words. Co. Litt. 36a; Broom, 
 Leg. Max. (3d London Ed.) 481, 504; 11 Q. 
 B. 852, 856, 868, 870; 4 H. L. Cas. 556; 1 
 Bulst. 175; Hob. 304. 
 
 BENIGNIOR SENTENTIA, IN VERBiS 
 general Ibus seu dubiis, est preferanda. The 
 more favorable construction is to be placed 
 on general or doubtful expressions. 4 Coke, 
 15; Dig. 50. 17. 192. 1; 2 Kent, Comm. 557. 
 
 BENiGNIUS LEGES INTERPRETAN- 
 dae Bunt quo voluntas earum conservetur. 
 Laws are to be more favorably interpreted, 
 that their intent may be preserved. Dig. 
 1. 3. 16. 
 
 BEQUEATH. To give personal property 
 by will to another. 13 Barb. (N. Y.) 106. 
 The word may be construed "devise," so 
 as to pass real estata 36 Me. 216; 119 
 Mass. 525. 
 
 BEQUEST. A gift by will of personal 
 property. It is synonymous with "legacy" 
 (g. V.) 
 
 BERCARIA. A sheep fold; a tan house or 
 heath house, where barks or rinds of trees 
 are laid to tan. Domesday Book; Co. Litt 
 66. 
 
 BERCARIUS, or BERCATOR. A shep- 
 herd. 
 
 BEREWICA, BEREWICHA, BEREWICH- 
 us, berewita, or berwita (Law Lat.) In old 
 English law. A manor, or rather a part of 
 a manor, separated from the main body; a 
 smaller manor, belonging to a larger one 
 (manerium minus ad majus perUnens), 
 Spelman. 
 
BERGHMAYSTER 
 
 103 
 
 BETTERMENTS 
 
 A hamlet, or small village, appurtenant to 
 some town or manor (villula, manerii vieua) . 
 Spelman; Blount, voc. "Berwica." A word 
 of frequent occurrence in Domesday Book. 
 Id. According to Lord Coke, it signifies a 
 town. Co. Litt. 116a. 
 
 A corn farm. Spelman. 
 
 BERGHMAYSTER (from Saxon berg, a 
 mountain. An officer having charge of a 
 mine. A bailiff or chief officer among the 
 Derbyshire miners, who, in addition to his 
 other duties, executes the office of coroner 
 among them. Blount; Cowell. 
 
 BERGHMOTE, or BERGMOTH. In old 
 English law. A court for deciding contro- 
 versies among the Derbyshire miners. 
 Blount; Cowell. 
 
 BERLINSKI TEST. A test used by neu- 
 rologists consisting in the application of a 
 test tube containing hot water, a test tube 
 containing cold water, a piece of metal 
 which feels cold when applied to a person's 
 skin in its normal sensitiveness, a piece of 
 wood and a piece of cloth. 
 
 BERM SIDE. The side opposite the tow 
 path of a canal. 
 
 BERME. A horizontal ledge or shelf at 
 the bottom or part way up a bank or slope. 
 People V. Klehm, 238 111. 92. 
 
 BERNET. In Saxon law. Burning; the 
 crime of house burning, now called "arson." 
 Cowell; Blount. 
 
 BERRA (Law Lat.) In old law. A plain; 
 open heath. Cowell; Spelman. 
 
 BERRY, or BURY (from Saxon beorg, a 
 hill or castle). A villa or seat of habita- 
 tion of a nobleman; a dwelling or mansion 
 house; a sanctuary. 
 
 BERTON. A large farm; the barnyard 
 of a large farm. 
 
 BES (Lat.; pi. b esses). In the Roman law. 
 A division of the as, or pound, consisting of 
 eight unciae, or duodecimal parts, and 
 amounting to two-thirds of the as. 2 Bl. 
 Comm. 462, note (m). 
 
 Two-thirds of an inheritance. Inst. 2. 
 14. 5. 
 
 ?ight per cent, interest. 2 Bl. Comm. 
 ubi supra. 
 
 BESAYLE, BESAYEL, BESAILE, or BE- 
 saiel (Law Fr). In old English law. A 
 great-grandfather. 1 Bl. Comm, 186. 
 
 A writ (law Lat. brev. de proavo) which 
 lay where a great-grandfather died seised 
 of lands and tenements in fee simple, and 
 on the day of his death a stranger abated. 
 
 or entered and kept out the heir. Reg. 
 Orig. 226; Fitzh. Nat. Brev. 221 (D) ; 3 
 Bl. Comm. 186. Now abolished with other 
 real actions. 
 
 BEST EVIDENCE. The best evidence ol 
 which the nature of the case admits, not 
 the highest or strongest evidence which the 
 nature of the thing to be proved admits of; 
 e. g., a copy of a deed is not the best evi- 
 dence; the deed itself is better. Gilb. Ev. 
 IB; Starkie, Ev. 437; 2 Campb. 605; 3 
 Campb. 236; 1 Esp. 127; 1 Pet. (U. S.) 591; 
 6 Pet. (U. S.) 352; 7 Pet. (U. S.) 100. The 
 term is confined to cases where the law has 
 divided evidence into primary and second- 
 ary. 33 Mich. .53. The rule requiring the 
 best evidence does not exclude a witness on 
 the ground that another is more credible, 
 but merely excludes such evidence as is 
 substitutionary in its character, if the orig- 
 inal evidence can be had. 65 Me. 467. 
 
 BESTIALITY. Carnal connection between 
 a human being and a beast. 10 Ind. 356. 
 See "Buggery." 
 
 BET. An agreement that some valuable 
 thing or sum of money, in contributing 
 which all the parties take part, shall become 
 the property of some one or more of them 
 on the happening of some event which is 
 at present uncertain. 81 N. Y. 539. See, 
 also, 7 Port. (Ala.) 465. "If one of the 
 parties may gain, but cannot lose, and the 
 other may lose, but cannot gain, and there 
 must be either a gain by the one, or a loss 
 by the other, according to the happening 
 of the contingency, it is as much a bet or 
 wager as if the parties had shared equally 
 the chances of gain or loss." 15 Grat. (Va.) 
 661. 
 
 The words "bet" and "wager" are synony- 
 mous. 11 Ind. 16. 
 
 BETROTHMENT, or BETROTHAL. A 
 contract between a man and a woman that 
 at a future time they will intermarry. 
 
 BETTER EQUITY. The right which, In 
 a court of equity, a second incumbrancer 
 has who has taken securities against sub- 
 sequent dealings to his prejudice, which a 
 prior incumbrancer neglected to take, al- 
 though he had an opportunity. 1 Chanc. 
 Prec. 470, note; 4 Rawle (Pa.) 144. See 3 
 Bouv. Inst, note 2462. 
 
 BETTERMENTS. Improvements made 
 to an eetate. It signifies such improve- 
 ments as have been made to the estate 
 which render it better than mere repairs. 
 11 Me. 482; 23 Me. 110; 24 Me. 192; 18 Ohio, 
 308; 10 Yerg. (Tenn.) 477; 18 Vt. 538; 17 
 Vt; 109. The term is also applied to denote 
 the additional value which an estate ac- 
 quires in consequence of some public im- 
 provement, as laying out or vrtdening a 
 street, etc. 
 
BETWEEN 
 
 104 
 
 BIGAMY 
 
 BETWEEN. A grant of land lying be- 
 tween two named lots would not emlsrace 
 either of the named lots. 14 111. 333. 
 
 When the word "between" is used with 
 reference to a period of time bounded by 
 two other specified periods of time, such 
 as between two days named, the days or 
 other periods of time named as bounda- 
 ries are excluded. 14 111. 333; 87 111. App. 
 298; 76 111. App. 318. 
 
 The word "between," when used in ref- 
 erence to two named boundaries of space, 
 excludes both the boundaries named. 87 111. 
 App. 298 
 
 BEWARED (Old English). Expended. 
 Before the Britons and Saxons had intro- 
 duced the general use of money, they trad- 
 ed chiefly by exchange of wares. Wharton. 
 
 BEYOND SEA. Out of the kingdom of 
 England; out of the state; out of the United 
 States. 
 
 -In England. By St. 3 & 4 Wm. IV. 
 
 c. 27, no island under the English dominion, 
 and lying adjacent to the United Kingdom, 
 is to be regarded as "beyond the seas." 
 
 In the United States. It is commonly 
 
 held to mean outside the state in whose 
 statute it is used (13 N. H. 86; 1 Har. & J. 
 [Md.] 353; 26 Ga. 182; 8 Blackf. [Ind.] 
 515; 23 Ala. 486; 14 Pet. [U. S.] 145) ; but 
 it has been held to mean outside the limits 
 of the United States (71 N. C. 176; 24 111. 
 159; 14 Mo. 433; 9 Serg. & R. [Pa.] 291). 
 
 BI-SCOT. In old English law. A fine im- 
 posed for not repairing banks, ditches, and 
 causeways. Blount; Whishaw. 
 
 BIAS. A particular influential power 
 which sways the judgment; the inclination 
 or propensity of the mind towards a particu- 
 lar object. "Bias is not synonymous with 
 'prejudice.' A man cannot be prejudiced 
 against another without being biased, but 
 he may be biased without being prejudiced." 
 12 Ga. 444. 
 
 BID. 
 
 (1) An offer to pay a specified price for 
 an article about to be sold at auction. 
 
 (2) An offer to do work or furnish ma- 
 terials at a specified price. 
 
 BIDALE, or BIDALL. An invitation of 
 friends to drink ale at the house of some 
 poor man, who thereby hopes charitable 
 contribution for his relief. Something like 
 this seems to be what we call "house-warm- 
 ing," when persons are invited in this man- 
 ner on their first beginning housekeeping. 
 Jacob. 
 
 BIDDER. One who offers to purchase an 
 article offered for sale at a public auction 
 (11 111. 254), or to furnish materials or 
 services at a price submitted. 
 
 BIELBRIEF (Ger.) 
 
 In European Maritime Law. A docu- 
 ment furnished by the builder of a vessel, 
 containing a register of her admeasurement, 
 particularizing the length, breadth, and di- 
 mensions of every part of the ship. It 
 sometimes also contains the terms of agree- 
 ment between the parties for whose ac- 
 count the ship is built, and the shipbuilder. 
 It has been termed in English the "grand 
 bill of sale;" in French, "contrat de con- 
 struction ou de la vente d'un vaisseau," and 
 corresponds in a great degree with the 
 English, French, and American "register" 
 (q. v.), being an equally essential document 
 to the lawful ownership of vessels. Jac. Sea 
 Laws, 12, 13, and note. 
 
 -^In the Danish Law. Used to denote 
 the contract of bottomry. 
 
 BIENS (Fr. goods). Property of every 
 description, except estates of freehold and 
 inheritance. Sugd. Vend. 495; Co. Litt. 118b; 
 Dane, Abr. 
 
 In French Law. This term Includes 
 all kinds of property, real and personal. 
 Biens are divided into Mens meubles, mov- 
 able property, and biens immeubles, immov- 
 able property. This distinction between 
 movable and immovable property is recog- 
 nized by them, and gives rise, in the civil as 
 well as in the common law,> to many impor- 
 tant distinctions as to rights and remedies. 
 Story, Confl. Laws, § 13, note 1. 168 111. 
 636. 
 
 BIGA, or BIGATA. A cart or chariot 
 drawn with two horses, coupled side by 
 side; but it is said to be properly a cart 
 with two wheels sometimes drawn by one 
 horsfe, and in the ancient records it is used 
 for any cart, wain, or wagon. Jacob. 
 
 BIGAIWUS. In civil law. One who had 
 been twice married, whether both wives 
 were alive at the same time or not; one 
 who had married a widow. 
 
 Especially used in ecclesiastical matters 
 as a reason for denying benefit of the clergy. 
 Termes de la Ley. 
 
 BIGAMY. 
 
 At Common Law. The willfully con- 
 tracting a second marriage when the con- 
 tracting party knows that the first is still 
 subsisting. 
 
 The state of a man who has two ^ives, 
 or of a woman who has two husbands, liv- 
 ing at the same time. 
 
 When the man has more than two wives, 
 or the woman more than two husbands, liv- 
 ing at the same time, then the party is said 
 to have committed polygamy; but the name 
 of _ "bigamy" is more frequently given to 
 this offense in legal proceedings. 1 Russ. 
 Crimes, 187; Clark & Marshall. Crimes, 
 1103. "But as the substance of the of- 
 
BILAGINES 
 
 106 
 
 BILL IN NATURE 
 
 fense is marrying a second time while hav- 
 ing a lawful husband or wife living, with- 
 out regard to the number of marriages 
 that may have taken place, 'bigamy' seems 
 not an inappropriate term. The objection 
 to its use urged by Blackstone (4 Bl. Comm. 
 163) seems to be founded not so much up- 
 on considerations of the etymology of the 
 word, as upon the propriety of distinguish- 
 ing the ecclesiastical offense, termed 'biga- 
 my' in the canon law, and defined below, 
 from the offense known as 'bigamy' in the 
 modern criminal law. The same distinc- 
 tion is carefully made by Lord Coke, 4 
 Inst. 88. But the ecclesiastical offense be- 
 ing now obsolete, this reason ceases to have 
 weight." Abbott. 
 
 In the Canon Law. According to can- 
 onists, bigamy is threefold, viz., vera, in- 
 terpretativa, et similitudinaria, real, inter- 
 pretative, and similitudinary. The first 
 consisted in marrying two wives succes- 
 sively (virgins they may be), or in once 
 marrying a widow; the second consisted, 
 not in a repeated marriage, but in marrying 
 (e. g., meretricem vel ab alio corruptam) 
 a harlot; the third arose from two mar- 
 riages, indeed, but the one metaphorical or 
 spiritual, the other carnal. This last was 
 confined to persons initiated in sacred or- 
 ders, or under the vow of continence. De- 
 ferriere's Tract. Juris Canon, tit. 21. See, 
 also, Bac. Abr. "Marriage." 
 
 BILAGINES (Lat.) By-liws of towns; 
 municipal laws. 
 
 BILAN. A book in which bankers, mer- 
 chants, and traders write a statement of all 
 they owe and all that is due to them. A 
 balance sheet. 3 Mart. (La.; N. S.) 446. 
 
 The term is used in Louisiana, and is de- 
 rived from the French. 5 Mart. (La.; N. S.) 
 158. 
 
 BILANCIIS DEFERENDIS. In English 
 law. A writ addressed to a corporation for 
 the carrjang of weights to such a haven, 
 there to weigh the wool that persons, by 
 our ancient laws, were licensed to trans- 
 port. Reg. Orig. 270. 
 
 BILATERAL CONTRACT. A contract in 
 which both the contracting parties are 
 bound to fulfill obligations reciprocally to- 
 wards each other. Lee. Elm. § 781. See 
 "Contract." 
 
 BILINE. Collateral. 
 
 BILINGUIS. Using two languages. A 
 term formerly applied to juries half of one 
 nation and half of another. Plowd. 2. 
 
 BILL 'Lat. billa). A formal written state- 
 ment, account, or declaration. 
 
 The principal legal significations of the 
 term are: 
 
 In Old English Practice. The original 
 
 petition by which an action in the court of 
 king's bench was begun. 3 Bl. Comm. 43. 
 
 In Chancery Practice. A complaint 
 
 in writing, addressed to the chancellor, con- 
 taining the names of the parties to the suit, 
 both complainant and defendant, a state- 
 ment of the facts on which the complainant 
 relies, and the allegations which he makes, 
 with an averment that the acts complained 
 of are contrary to equity, and a prayer for 
 relief and proper process. 
 
 - In Legislation. A special act passed 
 by the legislature in the exercise of a quast 
 judicial power. Thus, bills of attainder, 
 bills of pains and penalties, are spoken of. 
 
 The draft of a law submitted to the con- 
 sideration of a legislative body for its adop- 
 tion. 26 Pa. St. 450. After a bill has been 
 adopted, it is properly known as an "act." 
 
 In Mercantile Law. The creditor's 
 
 written statement of his claim, specifying 
 the items. It differs from an account stated 
 in this, that a bill is the creditor's state- 
 ment, and an account stated is a statement 
 ■which has been assented to by both parties. 
 
 The term is also sometimes used for "bill 
 of exchange," "bill of exceptions," "bill of 
 costs," etc. (g. v.) 
 
 BILL CHAMBER. In Scotch law. A de- 
 partment of the court of sessions, in which 
 petitions for suspension, interdict, etc., are 
 entertained. It is equivalent to sittings in 
 chambers in the English and American 
 practice. Paterson, Comp. 
 
 BILL FOR A NEW TRIAL. In equity 
 practice. One filed in a court of equity 
 praying for an injunction after a judgment 
 at law when there is any fact which renders 
 it against conscience to execute such judg- 
 ment, and of which the injured party could 
 not avail himself in a court of law, or, if 
 he could, was prevented by fraud or acci- 
 dent, unmixed with any fault or negligence 
 of himself or his agents. Mitf. Eq. PI. 
 (Jeremy Ed.) 131; 2 Story, Eq. Jur. i 887. 
 Of late years, bills of this description are 
 not countenanced. 1 Johns. Ch. (N. Y.) 
 432; 6 Johns. Ch. (N. Y.) 479. 
 
 BILL FOR FORECLOSURE. In equity 
 practice. One which is filed by a mortgagee 
 against the mortgagor, for the purpose of 
 having the estate sold, thereby to obtain 
 the sum mortgaged on the premises, with 
 interest and costs. 1 Madd. Ch. Pr. 528. 
 See "Foreclosure." 
 
 BILL IMPEACHING A DECREE FOR 
 fraud. In equity practice. This must be 
 an original bill, which may be filed without 
 leave of court. 1 Schoales & L. 355; -2 
 Schoales & L. 576; 1 Ves. Jr. 120; 3 Brown, 
 74; 1 Turn. & R. 178. 
 
 BILL IN NATURE OF A BILL IN RE- 
 view. One which is brought by a person not 
 bound by a decree, praying that the same 
 may be examined and reversed; as where 
 a decree is made against a person who has 
 no interest at all in the matter in dispute. 
 
BILL IN NATURE. 
 
 106 
 
 BILL OP DISCOVERY 
 
 or had not an interest sufficient to render 
 the decree against him binding upon some 
 person claiming after him. 
 
 The term is used in two senses: (1) A 
 bill brought by one not a party to a de- 
 cree, to obtain the reversal thereof. Adam, 
 Eq. 419. (2) A bill to set aside a decree on 
 the ground of fraud. 48 Mich. 375. 
 
 BILL IN NATURE OF A BILL OF RE- 
 vlvor. One which is filed when the death 
 of a party, whose interest is not determined 
 by his death, is attended with such a trans- 
 mission of his interest that the title to it, 
 as well as the person entitled, may be liti- 
 gated in the court of chancery; as, in the 
 case of a devise of real estate, the suit is 
 not permitted to be continued by bill of 
 revivor. In such cases, an original bill, 
 upon which the title may be litigated, must 
 be filed, and this bill will have so far the 
 effect of a bill of revivor that, if the title of 
 the representative by the act of the de- 
 ceased party is established, the same bene- 
 fit may be had of the proceedings upon the 
 former bill as if the suit had been contin- 
 ued by bill of revivor. Story, Eq. PL §§ 378- 
 380; 2 Paige (N. Y.) 358; 3 Atk. 217. 
 
 BILL IN NATURE OF A SUPPLEMENT- 
 al bill. One which is filed when the inter- 
 est of the plaintiff or defendant, suing or 
 defending, wholly determines, and the same 
 property becomes vested in another person 
 not claiming under him. The principal dif- 
 ference between this and a supplemental 
 bill seems to be that a supplemental bill, 
 is applicable to such cases only where the 
 same parties or the same interests remain 
 before the court; whereas an original bill 
 in the nature of a supplemental bill is prop- 
 erly applicable where new parties, with new 
 interests, arising from events occurring 
 since the institution of the suit, are brought 
 before the court Story, Eq. PI. § 345. 
 
 BILL OBLIGATORY. A bond absolute 
 for the payment of money. It is called, also, 
 a single bill, and differs from a promissory 
 note only in having a seal. 2 Serg. & R. 
 (Pa.) 115, See Read; PI. 236; West, Symb. 
 
 BILL OF ADVENTURE. A writing sign- 
 ed by a merchant, ship owner, or master to 
 testify that goods shipped on board a cer- 
 tain vessel are at the venture of another 
 person, he himself being answerable only 
 for, the produce. 
 
 BILL OF ADVOCATION. In Scotch law. 
 A petition in writing, by which a party to a 
 cause applies to the supreme court to call 
 the action out of the inferior court to itself. 
 
 BILL OF APPEAL. An abolished, crimi- 
 nal prosecution. Wharton. See "Battel." 
 
 BILL OF ATTAINDER. A special act of 
 the legislature pronouncing judgment of 
 treason or felony on one who has not been 
 
 tried in the courts, and passing sentence of 
 death and attainder upon him. If the act 
 inflicts a less punishment than death, it is 
 called a "bill of pains and penalties." 
 
 BILL OF CERTIORARI. A bill prayins 
 for a writ oi certiorari. Sep "Certiorari." 
 
 BILL OF CONFORMITY. In equity prac- 
 tice. One filed by an executor or adminis- 
 trator, who finds the affairs of the deceased 
 so much involved that he cannot safely 
 administer the estate except under the di- 
 rection of a court of chancery. This bill is 
 filed against the creditors generally, for the 
 purpose of haying all their claims adjusted, 
 and procuring a final decree, settling the or- 
 der of payment of the assets. 1 Story, Ea. 
 Jur. 440. 
 
 BILL OF COSTS. A statement of the 
 items which form the total amount of the 
 costs of a suit or action. See "Costs." 
 
 BILL OF CREDIT. 
 
 In Constitutional Law. Paper Issued 
 
 by the authority of a state on the faith of 
 the state, and designed to circulate as 
 money. 11 Pet. (U. S.) 257. 
 
 Promissory notes or bills issued by a 
 state government, exclusively, on the credit 
 of the state, and intended to circulate 
 through the community for its ordinary pur- 
 poses as money, redeemable at a future 
 day, and for the pajrment of which the faith 
 of the state is pledged. 4 Kent, Comm. 408. 
 
 The constitution of the United States 
 provides that no state shall emit bills of 
 credit, or make anything but gold and sil- 
 ver coin a tender in payment of debts. Arti- 
 cle 1, § 10. This prohibition, it seems, does 
 not apply to bills issued by a bank owned 
 by the state, but having a specific capital 
 set apart (11 Pet. [U. S.] 257; 13 How. 
 [U. S.] 12; but see 4 Pet. [U. S.] 410) nor 
 does it apply to notes issued by corpora- 
 tions or individuals which are not made 
 legal tender (4 Kent, Comm. 408, and note). 
 
 In Mercantile Law. A letter desiring 
 
 the addressee to give , credit to the bearer 
 for goods or money. More commonly called 
 "letter of credit." Comyn, Dig. "Merchant" 
 (F 3) ; 3 Burrows, 1667; 13 Miss. 491; 4 
 Ark. 44; R. M. Charlt. (Ga.) 151. 
 
 BILL OF DEBT. An ancient term, in- 
 cluding promissory notes and bonds for the 
 payment of money. Comyn, Dig. "Mer- 
 chant." (F 2). 
 
 BILL OF DISCOVERY. In equity prac- 
 tice. One which prays for the discovery 
 of facts resting within the knowledge of 
 the person against whom the bill is exhib- 
 ited, or of deeds, writings, or other things 
 in his custody or power. It does not seek 
 for relief in consequence of the discovery . 
 (and this constitutes its characteristic fea- 
 ture) , though it may ask for a stay of pro- 
 ceedings till discovery is made (2 Story, 
 Eq. Jur. § 1483), and such relief as does not 
 
BILL OF ENTRY 
 
 107 
 
 BILL OP INTERPLEADER 
 
 require a hearing before the court, it is 
 said, may be part of the prayer (2 Daniell, 
 Ch. Pr. 1557; 1 Pom. Eq. Jur. § 191). See 
 "Discovery." 
 
 BILL OF ENTRY. A statement required 
 by the revenue laws of the consignor, con- 
 signee, origin, destination, and character of 
 goods entered at the custom house for ex- 
 port or import. 
 
 BILL OF EXCEPTIONS. A written 
 statement of objections to the decision of 
 the court upon a point of law, made by a 
 party to the cause, and properly certified 
 by the judge or court who made the deci- 
 sion. Powell, App. Proc. 211. It contains 
 only the facts on which the adjudication 
 complained of is founded. 10 Mo. 660. But 
 where the sufficiency of the evidence is 
 questioned, all the evidence must be set 
 out. 13 Ind. 412. 
 
 BILL OF EXCHANGE. A written order 
 from one person to another, directing the 
 person to whom it is addressed to pay to a 
 third person a certain sum of money there- 
 in named. Byles, Bills, 1. 
 
 An unconditional order in writing ad- 
 dressed by one person to another, signed 
 by the person giving it, and requiring the 
 person to whom it is addressed to pay on 
 demand, or at a fixed or determinable fu- 
 ture time, a sum certain in money to order 
 or to bearer. N. Y. Neg. Inst. Law, § 210. 
 
 A bill of exchange may be negotiable or 
 nonnegotiable. If negotiable, it may be 
 transferred either before or after accept- 
 ance. 
 
 The person making the bill, called the 
 drawer, is said to draw upon the person to 
 whom it is directed, and undertakes implied- 
 ly to pay the amount with certain costs if 
 he refuse to comply with the command. 
 The drawee is not liable on the bill till after 
 acceptance, and then becomes liable as 
 principal to the extent of the terms of the 
 acceptance ; while the drawer becomes liable 
 to the payee and indorsee conditionally 
 upon the failure of the acceptor to pay. 
 The liabilities between indorsers and in- 
 dorsees are subject to the same rules as 
 those of indorsers and indorsees on promis- 
 sory notes. Regularly, the drawee is the 
 person to become acceptor; but other par- 
 ties may accept, under special circum- 
 stances. 
 
 BILL OF GROSS ADVENTURE. In 
 
 French maritime law. Any written instru- 
 ment which contains a contract of bottomry, 
 respondentia, or any other kind of mari- 
 time loan. There is no corresponding Eng- 
 lish term. Hall, Mar. Loans, 182, note. 
 See "Bottomry;" "Gross Adventure;" "Re- 
 spondentia." 
 
 BILL OF HEALTH. 
 
 In Commercial Law. A certificate, 
 
 properly authenticated, that a certain ship 
 
 or vessel therein named comes from a place 
 where no contagious distempers prevail, and 
 that none of the crew at the time of her de- 
 parture were infected with any such dis- 
 temper. It is generally found on board 
 ships coming from the Levant, or from the 
 coasts of Barbary, where the plague pre- 
 vails (1 Marsh. Ins. 408), and is necessary 
 whenever a ship sails from a suspected 
 port, or where it is required at the port of 
 destination (Holt, 167; 1 Bell', Comm. [5th 
 Ed.] 553). 
 
 In Scotch Law. An application of a 
 
 person in custody to be discharged on ac- 
 count pf ill health. Where the health of a 
 prisoner requires it, he may be indulged, 
 under proper regulations, with such a de- 
 gree of liberty as may be necessary to re- 
 store him. 2 Bell, Comm. (5th Ed.) 549; 
 Paterson, Comp. § 1129. 
 
 BILL OF INDEMNITY. An act of parlia- 
 ment frequently passed in England for the 
 relief of officers who have not properly 
 qualified, as by failure to take the oath of 
 office, etc. Abbott; Wharton. 
 
 BILL OF INDICTMENT. In practice. A 
 written accusation of one or more persons 
 of a crime or misdemeanor, lawfully pre- 
 sented to a grand jury. See "Indictment." 
 
 BILL OF INFORMATION. In equity prac- 
 tice. One which is instituted by the at- 
 torney general or other proper ofiBcer in be- 
 half of the state, or of those whose rights 
 are the objects of its care and protection. I 
 If the suit immediately concerns the right' 
 of the state, the information is generally 
 exhibited without a relator. If it does not 
 immediately concern those rights, it is con- 
 ducted at the instance and under the im- 
 mediate direction of some person whose 
 name is inserted in the information, and is 
 termed the "relator." In case a relator is 
 concerned, the oflScers of the state are not 
 further concerned than as they are instruct- 
 ed and advised by those whose rights the 
 state is called upon to protect and estab- 
 lish. 3 Bl. Comm. 261; Story, Eq. PI. 5. 
 
 BILL OF INTERPLEADER. One in which 
 the person exhibiting it claims no right In 
 opposition to the rights claimed by the per- 
 son against whom the bill is exhibited, but 
 prays the decree of the court touching the 
 rights of those persons, for the safety of 
 the person exhibiting the bill. 24 Barl}. (N. 
 Y.) 154; 19 Ga. 513. 
 
 A bill exhibited by one who, not know- 
 ing to whom he ought of right to render 
 a debt or duty, fears he may be hurt by 
 some of the claimants, and therefore prays 
 he rnay interplead, so that the court may 
 judge to whom the thing belongs, and he 
 is thereby safe on the payment. 2 Paige, 
 Ch. (N. Y.) 199, 570; 6 Johns. Ch. (N. Y.) 
 445; 3 Jones (N. C.) 83. 
 
BILL OP LADING 
 
 108 
 
 BILL OP SALE 
 
 BILL OF LADING. The written evidence 
 of a contract for the carriage and delivery 
 of goods sent by sea for a certain freight. 
 Loughborough, J., 1 H. Bl. 359. 
 
 "A formal acknowledgment of the re- 
 ceipt of goods, and an engagement to de- 
 liver them to the consignee." 1 Rawle (Pa.) 
 203. 
 
 "A written acknowledgment, signed by 
 the master, that he has received the goods 
 therein described from the shipper, to be 
 transported on the terms therein expressed 
 to the prescribed destination, and there to 
 be delivered to the consignee or parties 
 therein designated." 14 Wall. (U. S.) 579. 
 
 The term is commonly applied, as well, 
 to similar acknowledgments by carriers by 
 land. 
 
 A bill of lading partakes of the nature of 
 both a receipt and a contract. 30 Ala. 608; 
 13 Ind. 519. So much of it as is a mere 
 receipt for goods may be contradicted or 
 varied by parol (34 Me. 554; 74 Mass. 281), 
 but so much of it as is a contract is gov- 
 erned by the rules applying to other con- 
 tracts in writing (26 Ala. 487; 4 Ohio, 334; 
 61 Mo. App. 204). 
 
 BILL OF MIDDLESEX. An old form of 
 process similar to a capias, issued out of 
 the court of king's bench in personal ac- 
 tions, directed to the sheriff of the county 
 of Middlesex (hence the name), and com- 
 manding him to take the defendant and 
 have him before the king at Westminster 
 on a day named, to answer the plaintiff's 
 complaint. 
 
 Once, when the court sat at Oxford, it 
 was termed a "Bill of Oxfordshire." 3 
 Steph. Comm. 404, note (1). It was abol- 
 ished by St. 2 Wm. IV. c. 39. 
 
 BILL OF MORTALITY. A written state- 
 ment or account of the number of deaths 
 which have occurred in a certain district 
 during a given time, usually spoken of in 
 the plural. In some places, as in London, 
 births, as well as deaths, are included. 
 
 BILL OF OXFORDSHIRE. See "Bill of 
 Middlesex." 
 
 BILL OF PAINS AND PENALTIES. A 
 
 special act of the legislature which inflicts 
 a punishment less than death upon persons 
 supposed to be guilty of high offenses, such 
 as treason and felony, without any con- 
 viction in the ordinary course of judicial 
 proceedings. 2 Wooddeson, Lect. 625. It 
 differs from a bill of attainder in this, that 
 the punishment inflicted by the latter is 
 death. It has been thought by some that 
 the clause in the constitution prohibiting 
 bills of attainder includes bills of pains and 
 penalties. 6 Cranch (U. S.) 138; Story, 
 Const. § 1338. 
 
 BILL OF PARCELS. An account contain- 
 ing in detail the names of the items which 
 compose a parcel or package of goods. It 
 
 is usually transmitted with the goods to the 
 purchaser, in order that, if any mistake 
 have been made, it may be corrected. 
 
 BILL OF PARTICULARS. In practice. A 
 detailed informal statement of a plaintiff's 
 cause of action, or of the defendant's set- 
 off, furnished by one party to the other in 
 compliance with a statute, rule or special 
 order of court. It may be required in ac- 
 tions of tort, as well as on contract. 
 
 BILL OF PEACE. One brought to re- 
 strain repeated attempts to litigate the 
 same right. Bispham, Eq. §415; Daniell, 
 Ch. Pr. 1532. 
 
 BILL OF PRIVILEGE. In English law. 
 The form of proceeding against an attorney 
 of the court, who is not liable to arrest. 
 Brooke, Abr. "Bille;" 12 Mod. 163; 3 Bl. 
 Comm. 289. 
 
 BILL OF PROOF. In English practice. 
 The claim made by a third person to the 
 subject-matter in dispute between the par- 
 ties to a suit in the court of the mayor of 
 London. 2 Chit. Prac. 492; 1 Marsh. 233. 
 
 BILL OF REVIEW. One which is brought 
 to have a decree in equity of the court re- 
 viewed, altered, or reversed. The object of 
 the bill is to reverse the decree as far as 
 it is erroneous, and to retry the cause. 69 
 Ala. 65. 
 
 BILL OF REVIVOR. A bill in equity 
 brought to continue a suit which has abated 
 before its final consummation, as, for ex- 
 ample, by death, or marriage of a female 
 plaintiff. Story, Eq. PI. § 20. 
 
 BILL OF REVIVOR AND SUPPLEMENT. 
 In equity practice. One which is a com- 
 pound of a supplemental bill and bill of re- 
 vivor, and not only continues the suit, 
 which has abated by the death of the plain- 
 tiff, or the like, but supplies any defects in 
 the original bill arising from subsequent 
 events, so as to entitle the party to relief 
 on the whole merits of his case. 5 Johns. 
 Ch. (N. Y.) 334; Mitf. Eq. PL 32, 74. 
 
 BILL OF RIGHTS. In constitutional law. 
 A formal and public declaration or asser- 
 tion, in writing, of popular rights and liber- 
 ties, usually expressed in the form of a stat- 
 ute, or promulgated on occasions of revolu- 
 tion, or the establishment of new forms of 
 government, or new constitutions. The Eng- 
 lish statute of 1 Wm. & Mary, st. 2, c. 2, 
 is denominated the "Bill of Rights." 1 Bl. 
 Comm. 128. Several of the United States 
 have incorporated formal bills of rights in- 
 to their constitutions. See 2 Kent, Comm. 
 1-11. 
 
 BILL OF SALE. A written agreement, 
 often under seal, by which one person trans- 
 fers his right to or interest in goods and 
 personal chattels to another, but a seal is 
 
BILL OF SIGHT 
 
 109 
 
 BILL TO SUSPEND A DECREE 
 
 not essential. 14 Wall. (U. S.) 244. It is in 
 frequent use in the transfer of personal 
 property, especially that of which imme- 
 diate possession is not or cannot be given. 
 In England, a bill of sale of a ship at 
 sea or out of the country in called a "grand 
 bill of sale," but no distinction is recog- 
 nized in this country between grand and or- 
 dinary bills of sale. 4 Mass. 661. The ef- 
 fect of a bill of sale is to transfer the prop- 
 erty in the thing sold. 
 
 BILL OF SIGHT. A written description 
 of goods, supposed to be inaccurate, but 
 made as nearly exact as possible, furnished 
 by an importer or his agent to the proper 
 officer of the customs, to procure a landing 
 and inspection of the goods. It is allowed 
 by an English statute where the merchant 
 is ignorant of the real quantity and quality 
 of goods consigned to him, so as to be un- 
 able to make a proper entry of them. The 
 entry must be perfected within three days 
 after landing the goods. St. 3 & 4 Wm. IV, 
 c. S2, § 24. 
 
 BILL OF STORE. In English law. A 
 kind of license granted at the custom house 
 to merchants to carry such stores and pro- 
 visions as are necessary for their voyage, 
 custom free. Jacob. 
 
 , BILL OF SUFFERANCE. In English law. 
 A license granted to a merchant, permit- 
 ting him to trade from one English port to 
 another without paying customs. 
 
 BILL PAYABLE. In mercantile law. A 
 bill of exchange accepted, or a promissory 
 note made, by a merchant, whereby he ha.s 
 engaged to pay money. It is so called as 
 being payable by him. An account is usu- 
 ally kept of such bills in a book with that 
 title, and also in the ledger. See Pars. 
 Notes & Bills. 
 
 BILL PENAL. In contracts. A written 
 obligation, by which a debtor acknowledges 
 himself indebted in a certain sum, and 
 binds himself for the payment thereof in a 
 larger sum. 
 
 Bonds with conditions have superseded 
 such bills in modern practice. Steph. PI. 
 265, note. They are sometimes called "bills 
 obligatory," and are properly so called, but 
 every bill obligatory is not a bill penal. 
 Comyn, Dig. "Obligations" (D) ; Cro. Car. 
 515. See 2 Vent. 106, 198. 
 
 BILL QUIA TIMET. In equity practice. 
 A remedy by bill in equity to protect rights 
 against possible future injuries or impair- 
 ment. One which is filed when a person is 
 entitled to property of a personal nature 
 after another's death, and has reason to 
 apprehend it may be destroyed by the pres- 
 ent possessor; or when he is apprehensive of 
 being subjected to a future inconvenience, 
 probable or even possible, to happen or be 
 occasioned by the neglect, inadvertence, or | 
 culpability of another. 
 
 Upon a proper case being made out, the 
 court will, in one case, secure the property 
 for the use of the party (which is the object 
 of the bill), by compelling the person in 
 possession of it to give a proper security 
 against any subsequent disposition or will- 
 ful destruction, and, in the other case, they 
 will quiet the party!s apprehension of future 
 inconvenience by removing the causes which 
 may lead to it. 1 Madd. Ch. Pr. 218; Blake, 
 Ch. Pr. 37, 47; 2 Story, Eq. Jur. §§ 825, 
 851. See 9 Grat. (Va.) 398; 11 Ga. 570; 8 
 Tex. 337; 2 Md. Ch. Dec. 157, 442; 4 Edw. 
 Ch. (N. Y.) 228; Bouv. Inst. 
 
 BILL RECEIVABLE. In mercantile law. 
 A promissory note, bill of exchange, or oth- 
 er written security for money payable at 
 a future day, which a merchant holds. So 
 called because the amounts for which they 
 are given are receivable by the merchant. 
 They are entered in a book so called, and 
 are charged to an account in the ledger un- 
 der the same title, to which account the 
 cash, when received, is credited. See Pars. 
 Notes & Bills. 
 
 BILL RENDERED. See "Account." 
 
 BILL, SINGLE. In contracts. A written 
 unconditional promise by one or more per- 
 sons to pay to another person or other per- 
 sons, therein named, a sum of money at a 
 time therein specified. It is usually under 
 seal, and may then be called a "bill obliga- 
 tory." 2 Serg. & R. <Pa.) 115. It has no 
 condition attached, and is not given in a 
 penal sum. Comyn, Dig. "Obligation" (C). 
 
 BILL TO CARRY A DECREE INTO Ex- 
 ecution. In equity practice. One which is 
 filed when, from the neglect of parties, or 
 some other cause, it may become impossible 
 to carry a decree into execution without 
 the further decree of the court. Hinde, Ch. 
 Pr. 68. 
 
 BILL TO MARSHAL ASSETS. See "Mar- 
 shalling Assets." 
 
 BILL TO MARSHAL SECURITIES. See 
 
 "Marshalling Securities." 
 
 BILL TO PERPETUATE TESTIMONY. 
 
 In equity practice. One which is brought 
 to secure the testimony of witnesses with 
 reference to some matter which is not in 
 litigation, but is liable to become so. It dif- 
 fers from a bill to take testimony de bene 
 esse, inasmuch as the latter is sustainable 
 only when there is a suit already depend- 
 ing. It is demurrable if it contain a prayer 
 for relief. 1 Dickens, 98; 2 P. Wms. 162; 2 
 Ves. Jr. 497; 2 Madd. Ch. 37. And see 1 
 Schoales & L. 316. 
 
 BILL TO SUSPEND A DECREE. In equi- 
 ty practice. One brought to avoid or sus- 
 pend a decree under special circumstances. 
 See 1 Ch. Cas. 3, 61; 2 Ch. Cas. 8; Mitf. Eq. 
 I PL 85, 86. 
 
BILL TO TAKE TESTIMONY 
 
 110 
 
 BISSEXTILE 
 
 BILL TO TAKE TESTIMONY DE BENE 
 esse. In equity practice. One which is 
 brought to take the testimony of witnesses 
 to a fact material to the prosecution of a 
 suit at law which is actually commenced, 
 where there is good cause to fear that the 
 testimony may otherwise be lost before the 
 time of trial. See 1 Sim. & S. 83; 2 Story, 
 Eq. Jur. § 1813; note. 
 
 It lies, in general, where witnesses are 
 aged or infirm (Coop. Eq. PI. 57; Ambl. 65; 
 13 Ves. 56, 261) , propose to leave the coun- 
 try (3 Dickens, 454; Story, Eq. PL § 308), 
 or there is but a single witness to a fact 
 (1 P. Wms. 97; 2 Dickens, 648). 
 
 BILLA' CASSETUR (Lat. that the bill 
 be quashed or made void) . A plea in abate- 
 ment concluded, when the ' pleadings were 
 in Latin, quod billa cassetur, that the bill 
 be quashed. 3 Bl. Comm. 303; Graham, 
 Prac. 611. 
 
 BILLA EXCAMBII (or ESCAMBII). A 
 bill of exchange. 
 
 BILLA EXONERATIONIS. A bill of lad- 
 ing. 
 
 BILLA VERA (Lat. a true bill). The 
 form of words indorsed on a' bill of indict- 
 ment, when proceedings were conducted in 
 Latin, to indicate the opinion of the grand 
 jury that the person therein accused ought 
 to be tried. 
 
 BILLET (Law Lat.) In old English law. 
 A bill or petition exhibited in parliament. 
 Cowell. 
 
 BILLET DE CHANGE. In French law. A 
 contract to furnish a bill of exchange; a 
 contract to pay the value of a bill of ex- 
 change already furnished. Guyot, Rep. 
 Univ. 
 
 Where a person intends to furnish a bill 
 of exchange (lettre de change), and is not 
 quite prepared to do so, he gives a billet de 
 change, which is a contract to furnish a 
 lettre de change at a future time. Guyot, 
 Rep. Univ.; Story, Bills, i 2. 
 
 BILLETING SOLDIERS. Quartering them 
 in the houses of citizens. 
 
 BIND OUT. To engage as an apprentice. 
 
 BIND OVER. The order of a magistrate 
 in requiring one to give bail to appear for 
 hearing in a higher court, or to keep the 
 peace. 
 
 BINDING OUT. A term applied to the 
 contract of apprenticeship. 
 
 BINDING OVER. The act by which a 
 magistrate or court hold to bail a party ac- 
 cused of a crime or misdemeanor. The 
 binding over may be to appear at a court 
 having Jurisdiction of the offense charged, 
 to answer, or to be of good behavior, or to 
 keep the peace. 
 
 BIPARTITE. Of two parts. This term Is 
 used in conveyancing; as, this indenture bi- 
 partite, between A., of the one part, and B., 
 of the other part. 
 
 BIRRETUM, or BIRRETUS. A cap or coif 
 used formerly in England by judges and 
 sergeants at law. Spelman; Cunningham. 
 
 BIRTH. The act of being wholly brought 
 into the world. 
 
 The conditions of live birth are not sat- 
 isfied when a part only of the body is born. 
 The whole body must be brought into the 
 world, and detached from that of the moth- 
 er, and after this event the child must be 
 alive. 5 Car. & P. 329; 7 Car. & P. 814. 
 The circulating system must also be changed, 
 and the child must have an independent cir- 
 culation. 5 Car. & P. 539; 9 Car. & P. 154. 
 But it is not "necessary that there should 
 have been a separation of the umbilical 
 cord. That may still connect the child with 
 its mother, and yet the killing of it will 
 constitute murder. 7 Car. & P. 814; 9 Car. 
 & P. 25. See 1 Beck,' Med. Jur. 478; 1 
 Chit. Med. Jur. 438. 
 
 BIS. (Lat.) Twice. 
 
 BIS DAT QUI CITO DAT. He gives twice 
 who gives quickly. 
 
 BIS IDEM EXIGI BONA FIDES NON PA- 
 titur, et in satlsfactlonibus, non permlttltur 
 amplius fieri quam semel factum est. Good 
 faith does not suffer the same thing to be 
 exacted twice, and, in making satisfaction, 
 it is not permitted that more should be done 
 after satisfaction i$ once made. 9 Coke, 
 53; Dig. 50. 17. 57. 
 
 BISANTIUM, BESANTINE, or BEZANT. 
 An ancient coin, first issued at Constanti- 
 nople. It was of two sorts, — gold, equiva- 
 lent to a ducat, valued at 9s. 6d., and silver, 
 computed at 2s. They were both current 
 in England. Wharton. 
 
 BISHOP. An ecclesiastical officer, who is 
 the chief of the clergy of his diocese, and 
 is the archbishop's assistant. No such offi- 
 cer is recognized by law in the United 
 States. 
 
 BISHOPRIC. In ecclesiastical law. The 
 extent of country over which a bishop has 
 jurisdiction; a see; a diocese. 
 
 BISHOP'S COURT. In English law. An 
 ecclesiastical court held in the cathedral of ' 
 each diocese, the judge of which is the 
 bishop's chancellor. 
 
 BISSEXTILE. The day which is added 
 every fourth year to the month of February, 
 in order to make the year agree with the 
 course of the sun. 
 
 It was called "bissextile" because in the 
 Roman calendar it was fixed on the sixth 
 day before the calends of March (whiqh 
 answers to the twenty-fourth day of Feb- 
 ruary) , and this day was counted twice. 
 
BLACK ACRE and WHITE ACRE 111 
 
 BLANK 
 
 The first was called bissextus prior, and the 
 other bissextus posterior, but the latter was 
 properly called "bissextile" or "intercalary" 
 day. 
 
 BLACK ACRE and WHITE ACRE. Terms 
 used by the old writers to distinguish one 
 parcel of land from another, to avoid am- 
 biguity, as well as the inconvenience of a 
 full description. 
 
 They are mere names of convenience, 
 adopted, as "A." and "B." are, to distin- 
 guish persons or things under similar cir- 
 cumstances. 
 
 BLACK ACT. In English law. The act 
 of parliament 9 Geo. II. c. 22. This act 
 was passed for the punishment of certain 
 marauders, who committed great outrages 
 disguised and with faces blackened. It was 
 repealed by 7 & 8 Geo. IV. c. 11. See 4 Bl. 
 Comm. 245. 
 
 BLACK ACTS. Old Scotch statutes passed 
 in the reigns of the Stuarts and down to 
 the year 1586 or 1587. So called because 
 printed in black letter. Bell, Diet.; Whar- 
 ton. 
 
 BLACK BOOK OF HEREFORD. In Eng- 
 lish law. An old record frequently referred 
 to by Cowell and other early writers. 
 
 BLACK BOOK OF THE ADMIRALTY. 
 An ancient book compiled in the reign of 
 Edward III. It has always been deemed of 
 the highest authority in matters concern- 
 ing the admiralty. It contains the laws of 
 Oleron, at large, a view of the crimes and 
 offenses cognizable in the /admiralty, ordi- 
 nances and commentaries on matters of 
 prize and maritime torts, injuries, and con- 
 tracts. 2 Gall. (U. S.) 404. It is said by 
 Selden to be not more ancient than the 
 reign of Henry VI. Selden, de Laud. Leg. 
 Ang. c. 32. By other writers it is said to 
 have been composed earlier. 
 
 BLACK BOOK OF THE EXCHEQUER. 
 
 The name of a book kept in the English 
 exchequer, containing a collection of trea- 
 ties, conventions, charters, etc. 
 
 BLACK CAP. It is a vulgar error that 
 the headdress worn by the judge in pro- 
 nouncing the sentence of death is assumed 
 as an emblem of the sentence. , It is part 
 of the judicial full dress, and is worn by 
 the judges on occasions of especial state. 
 Wharton. 
 
 BLACK GAME. Heath fowl, in contra- 
 distinction to red game, as grouse. 
 
 BLACK MAIL. Rents reserved, payable 
 in work, grain, and the like. Such rents 
 were called "black mail" (reditus nigri), in 
 distinction from white rents (blanche fir- 
 mes), which were rents paid in silver. 
 
 A yearly payment made for security and 
 protection to those bands of marauders who 
 infested the borders of England and Scot- 
 
 land about the middle of the sixteenth cen- 
 tury, and laid the inhabitants under contri- 
 bution. Hume, Hist. Eng. vol. 1, p. 473; Id. 
 vol. 2, App. No. 8; Cowell. 
 
 In common usage the term signifies the 
 obtaining of money by a demand accom- 
 panied by threats of prosecution, exposure 
 or injury in case of nonpayment. The cor- 
 rupt taking under color of office is "extor- 
 tion." (q. V.) 
 
 BLACK RENTS. Rents reserved in work, 
 grain, or baser money than silver. Whi- 
 shaw. 
 
 BLACK ROD, GENTLEMAN USHER OF. 
 A chief officer of the king, deriving his 
 name from the black rod of office, on the 
 top of which reposes a golden lion, which 
 he carries. During the session of parlia- 
 ment he- attends on the peers, and to his 
 custody all peers impeached for crime or 
 contempt are first committed. 
 
 BLACK WARD. A subvassal, who held 
 ward of the king's vassal. 
 
 BLADA. Growing crops of grain. Spel- 
 man. Any annual crop. Cowell. Used of 
 crops, either growing or gathered. Reg. 
 Orig. 94b; Coke, 2d Inst. 81. 
 
 BLADA R I US. In old English law. A 
 corn monger; meal man or corn chandler; 
 a bladier, or engrosser of corn or grain. 
 Blount; 2 Inst. 81. 
 
 BLANC SEIGN. Cwrte blanche (a. v.) See 
 6 Mart. (La.) 718. 
 
 BLANCH HOLDING. In Scotch law. A 
 tenure by which land is held. The duty is 
 generally a trifling one, as a peppercorn. It 
 may happen, however, that the duty is of 
 greater value, and then the distinction re- 
 ceived in practice is founded on the nature 
 of the duty. Stair, Inst. sec. iii. lib. 3, § 33. 
 See Paterson, Comp. 15; 2 Sharswood, Bl. 
 Comm. 42. 
 
 BLANCHE FIRME. A rent reserved, pay- 
 able in silver. 
 
 BLANCUS (Law Lat.) In old law and 
 practice. White, as paper or parchment is 
 when there is no writing or other mark 
 upon it; otherwise called albus. See "Al- 
 bum Breve." Hence the modem term 
 "blank." 
 
 Plain or smooth, as silver money that 
 has no impression, or from which the im- 
 pression has been worn. 
 
 BLANK. A space left In writing, to be 
 filled up with one or more words to com- 
 plete sense. 
 
 A skeleton document, in which the formal 
 words are printed, and blanks left for the 
 insertion o:^ words necessary to adapt the 
 same to the particular case. 
 
BLANK ACCEPTANCE 
 
 112 
 
 BLOODY HAND 
 
 BLANK ACCEPTANCE. An acceptance 
 written on the paper before the bill is 
 made, and delivered by the acceptor. In 
 England it will charge the acceptor to the 
 extent warranted by the stamp. 
 
 BLANK BAR. See "Common Bar." 
 
 BLANK BONDS. Scotch securities, in 
 which the creditor's name was left blank, 
 and which passed by mere delivery, the 
 bearer being at liberty to put in his name, 
 and sue for payment. Declared void by 
 Act 1696, c. 25. 
 
 BLANK INDORSEMENT. An indorse- 
 ment which does not mention the name of 
 the person in whose favor it is made. Such 
 an indorsement is generally effected by 
 writing the indorser's name merely on the 
 back of the bill. Chit. Bills, 170. 
 
 BLANKET POLICY. A fire insurance pol- 
 icy not on particular goods, but on what- 
 ever there may be at a certain time, of a 
 varying quantity, as on a stock of goods 
 subject to sale and replenishing. See 93 U. 
 S. 54L 
 
 BLANKS. A kind of white money (value 
 8d). coined by Henry V. in those parts of 
 France which were then subject to Eng- 
 land; forbidden to be current in that realm 
 by 2 Hen. VI. c. 9. Wharton. 
 
 BLASARIUS. An incendiary. Blount. 
 
 BLASPHEMY. In criminal law. To at- 
 tribute to God that which is contrary to his 
 nature, and does not belong to him, and to 
 deny what does. A false reflection uttered 
 with a malicious design of reviling God. 
 Emlyn's Pref. to 8 St. Tr. 
 
 To willfully revile the Deity or sacred 
 things. 
 
 Malicious reproach of God, his name, at- 
 tributes, or religion. 2 Bish. Crim. Law, 
 § 76. 
 
 In general, blashphemy may be described 
 as consisting in speaking evil of the Deity 
 with an impious purpose to derogate from 
 the divine majesty, and to alienate the 
 minds of others from the love and rever- 
 ence of God. It is purposely using words 
 concerning God calculated and designed to 
 impair and destroy the reverence, respect, 
 and confidence due to him as the intelligent 
 creator, governor, and judge of the world. 
 It embraces the idea of detraction, when 
 used towards the Supreme Being; as "cal- 
 umny" usually carries the same idea when 
 applied to an individual. It is a willful and 
 malicious attempt to lessen men's rever- 
 ence of God by denying his existence, or 
 hia attributes as an intelligent creator, 
 governor, and judge of men, and to prevent 
 their having confidence in him as such. 20 
 Pick. (Mass.) 211, 212, per Shaw, C. J. 
 
 BLENCH, or BLENCH HOLDING. 
 "Blanch Holding." 
 
 See 
 
 BLENDED FUND. In England, where a 
 testator directs his real and personal estate 
 to be sold, and disposes of the proceeds as 
 forming one aggregate, this is called a 
 "blended fund." The expression is chiefly 
 used in cases where part of the testator's 
 disposition fails, by lapse or otherwise, so 
 that it becomes a question whether so much 
 of the undisposed-of portion as consists of 
 or arises from land goes to the testator's 
 heir at law or next of kin. 1 Brown, 503; 
 1 White & T. Lead. Cas. 783; 1 Mylne & 
 K. 665. 
 
 BLINKS. In old English law. Boughs 
 broken down from trees and thrown in a 
 way where deer are likely to pass. Jacob. 
 
 BLOCKADE. Blockade is where a bel- 
 ligerent power maintains such a naval force 
 near the shore or ports of the other bellig- 
 ent as to prevent access to them, or, as it is 
 sometimes put, the vessels must be so dis- 
 posed that there is an evident danger in 
 entering the port, or approaching the shore, 
 notwithstanding that the blockading squad- 
 ron may be accidentally absent for a time, 
 e. g., from being blown off by the wind. Un- 
 der the Declaration of Paris (q. v.), a block- 
 ade is not effective unless maintained by an 
 adequate force. 
 
 A blockade de facto is where the blockade 
 has not been notified (as is usually done) by 
 the belligerent to neutral governments, so 
 that every approaching vessel has to be 
 warned off by the squadron. Vessels at- 
 tempting to pass a blockade are liable t(J 
 confiscation. 
 
 It is not necessary that the place should 
 be invested by land as well as by sea; but 
 a blockade by sea does not impair the right 
 of neutrals to carry on a trade by land. 1 
 Kent, Comm. 147. 
 
 A pacific blockade is the interruption of 
 commercial intercourse with certain ports 
 or coasts of a state to secure redress for 
 an international wrong. Davis Int. L. 67. 
 
 BLOOD. Relationship; stock; family. 1 
 Rop. Leg. 103; 1 Belt, Supp. Ves. 365. Kin- 
 dred. Bac. Max. reg. 18. 
 
 Brothers and sisters are said to be of 
 the whole blood if they have the same fa- 
 ther and mother, and of the half-blood if 
 they have only one parent in common. 5 
 Whart. (Pa.) 477. 
 
 BLOOD MONEY. Money paid to the rel- 
 atives of one killed by another. 
 
 Money paid as a reward for the convic- 
 tion of one charged with a capital offense. 
 
 BLOODWIT. An amercement for. blood- 
 shed. Cowell. The privilege of taking such 
 amercements. Skene de Verb. Sign. A priv- 
 ilege or exemption from paying a fine or 
 amercement assessed for bloodshed. Cow- 
 ell; Kennett, Par. Ant.; Termes de la Ley. 
 
 BLOODY HAND. In forest law. The hav- 
 ing the hands or other parts bloody, which, 
 
BLUE LAWS 
 
 113 
 
 BOILARY 
 
 in a person caught trespassing in the forest 
 against venison, was one of the four kinds 
 of circumstantial evidence of his having 
 killed deer, although he was not found in 
 the act of chasing or hunting. Manw. For. 
 Law; Cowell. See "Backbear." Corre- 
 sponds to the Scotch "Red Hand." Blount. 
 
 BLUE LAWS. A name applied to certain 
 laws of extreme rigor, supposed to have 
 been anciently in force in Connecticut. Rig- 
 orous puritanical laws, generally. 
 
 BOARD. The governing body of officers 
 of a corporation or municipality. The mem- 
 bers are usually called directors, trustees, 
 aldermen, or supervisors. 
 
 Also, the body or commission invested 
 with control or supervision of particular 
 functions, and matters of government, as 
 public health, charities, or improvements. 
 
 BOARD OF HEALTH. An executive or 
 administrative body organized as part of the 
 government or of its local divisions, like 
 cities, to regulate and supervise matters af- 
 fecting the public health or sanitation. 
 
 BOARD OF SUPERVISORS. A county 
 board, under a system existing in some of 
 the states, to whom the fiscal affairs of the 
 county are intrusted, composed of delegates 
 representing the several organized towns or 
 townships of the county. This system origi- 
 nated in the state of New York, and has 
 been adopted in others. The board, 
 when convened, forms a deliberative body, 
 usually acting under parliamentary rules. 
 
 BOARD OF TRADE. See "Chamber of 
 Commerce." 
 
 BOARD OF WORKS. The name of a 
 board of oflScers appointed for the better lo- 
 cal management of the English metropolis. 
 They have the care and management of all 
 grounds and gardens dedicated to the use 
 of the inhabitants in the metropolis; also 
 the superintendence of the drainage; also 
 the regulation of the street traffic, and gen- 
 erally, of the buildings of the metropolis. 
 Brown. 
 
 BOARDER. One who, by a special con- 
 tract, obtains food, with or without lodging, 
 in the house of another. To be distin- 
 guished from a guest (q. v.) ■ Story, Bailm. 
 § 477; 26 Vt. 343; 26 Ala. (N. S.) 371; 7 
 Cush. (Mass.) 417. 
 
 BOARDING HOUSE. A quasi public house 
 where boarders are habitually kept, and 
 which is held out and known as a place of 
 entertainment of that kind. 1 Lans. (N. Y.) 
 484, 486; 3 Abb. Pr. (N. S.; N. Y.) 26. The 
 characteristic of a boarding house is that 
 accommodation is furnished for a definite 
 period. 24 How. Pr. (N. Y.) 62. 
 
 ,BOC (Saxon). A writing; a book. Used 
 of the land bocs, or evidences of title among 
 the Saxons, corresponding to modern deeds. 
 
 These 6oc8 were destroyed by William the 
 Conqueror. 1 Spence, Eq. Jur. 22; 1 Washb. 
 Real Prop. 17, 21. 
 
 BOC HORDE. A place where books, evi- 
 dences, or writings are kept. Cowell. These 
 were generally in monasteries. 1 Spence, 
 Eq. Jur. 22. 
 
 BOC LAND. Allodial lands held by writ- 
 ten evidence of title. Such lands might be 
 granted upon such terms as the owner 
 should see fit, by greater or less estate, to 
 take effect presently, or at a future time, 
 or on the happening of any event. In this 
 respect they differed essentially from feuds. 
 1 Washb. Real Prop. 17; 4 Kent, Coram. 
 441. 
 
 BOC ERAS (Saxon). A scribe, notary, or 
 chancellor among the Saxons. Crabb, Hist. 
 Eng. Law, 28; Barr. Obs. St. 404, note (1). 
 
 BODILY HEIRS. The expression "bodily 
 heirs," when used in a conveyance or de- 
 vise of real estate, has no other or different 
 meaning than the words "heirs of his body.',' 
 Turner v. Hause, 199 111. 470. 
 
 BODMERIE, BODEMERIE, or BODDE- 
 merey (Belg. and Ger.) Bottomry (g. v.) 
 Locc. de Jur. Mar. lib. 2, c. 6, § 1. 
 
 BODY. A person. Used of a natural body, 
 or of an artificial one created by law, as a 
 corporation. 
 
 The main part or frame of anything, as 
 distinguished from its subordinate parts. 22 
 N. Y. 147; 5 Mason (U. S.) 300. 
 
 A collection of individuals united for a 
 common purpose. See 23 Wend. (N. Y.) 
 141. 
 
 BODY CORPORATE. A corporation. This 
 is an early and undoubtedly correct term 
 to apply to a corporation. Co. Litt. 250a; 23 
 Wend. (N. Y.) 141; 81 Pa. St. 389. 
 
 BODY OF A COUNTY. A county at large, 
 as distinguished from any particular place 
 within it. See 25 Wis. 364. 
 
 Under the common law, in both civil 'and 
 criminal cases, the jury were to be taken 
 from the visne or neighborhood, — from 
 among the neighbors and equals of the 
 litigants or the accused, — and by long 
 usage this came to mean -from the body of 
 the county. 232 111. 114. 
 
 BODY OF AN INSTRUMENT. The main 
 and operative part; the substantive provi- 
 sions, as distinguished from the recitals, 
 title, jurat, etc. Wharton. 
 
 BODY POLITIC (or POLITIQUE). The 
 
 old term for a corporation. Statute of Uses, 
 § 1; Co. Litt. 95a, 250a. 
 Applied generally to the state or nation. 
 
 BOILARY. Water rising from a salt well 
 belonging to a person who is not the owner 
 of the soil. 
 
BOIS, BOYS, or BOYES 
 
 114 
 
 BONA PERITURA 
 
 BOIS, BOYS, or BOYES (Law F.; Lat. 
 loscus). Wood; haut bois, high timber; sub 
 loia, underwood. Cowell. 
 
 BOLHAGIUM, or BOLDAGIUM. A little 
 house or cottage. Blount. 
 
 BOLTING. In English practice. A term 
 formerly used in the English inns of court, 
 but more particularly at Gray's Inn, sig- 
 nifying the private arguing of cases, as dis- 
 tinguished from mooting, which was a more 
 formal and public mode of argument. Cow- 
 ell; Tomlin; Holthouse. 
 
 The deserting by one or more persons 
 from the political party to which they be- 
 long, or the permanent withdrawal of a 
 portion of the delegates in a political con- 
 vention. 
 
 BON (Fr.) 
 
 In Old French Law. A royal order or 
 
 check on the treasury, invented by Francis 
 I. Bon pour mille livres, good for a thou- 
 sand livres. Steph. Lect. 387. 
 
 In Modern Law. The name of a 
 
 clause {bon pour , good for so much) 
 
 added to a cedule or promise, where it is 
 not in the handwriting of the signer, con- 
 taining the amount of the sum which he 
 obliges himself to pay. Poth. Obi. pt. 4, c. 
 1, art. 2, § 1. 
 
 BONA (Lat. bonus). Goods ; personal prop- 
 erty; chattels, real or personal; real prop- 
 erty. 
 
 Bona et catalla (goods and chattels) in- 
 cludes all kinds of property which a man 
 may possess. In the Roman law it signi- 
 fied every kind of property, real, personal, 
 and mixed ;. but chiiefly . it was applied to 
 real estate, chattels being distinguished by 
 the words "effects," "movables," etc. Bona 
 were, however, divided into bona mobilia 
 and bona immobilia. It is taken in the civil 
 law in nearly the sense of biens in the 
 French law. 
 
 BONA CONFISCATA. Goods confiscated 
 or forfeited to the imperial fisc or treasury. 
 1 Sharswood, Bl. Comm. 299. 
 
 BONA ET CATALLA. Goods and chat- 
 tels; movable property of every descrip- 
 tion. See 16 Mees. & W. 68. 
 
 BONA FELONUM (Lat.) In English law. 
 Goods of felons; the goods of one convicted 
 of felony. 5 Coke, 110. 
 
 BONA FIDE POSSESSOR FACIT FRUC- 
 tus consumptos suos. By good faith, a pos- 
 sessor makes the fruits consumed his own. 
 Tray. Lat. Max. 57. 
 
 BONA FIDE PURCHASER. One who 
 buys property without notice, actual or con- 
 structive, that some third person has a right 
 to or interest in it, and pays a full and 
 fair price for it at the time of such pur- 
 chase, or before he has notice of the claim 
 
 or interest of such third person. 66 Barb. 
 (N. Y.) 227. If he has paid but a part of 
 the consideration, he is a bona fide purchaser 
 pro tanto only. 3 Barb, Ch. (N. Y.) 498. 
 
 There must be (a) absence of notice or 
 of suspicious circumstances tending to put 
 a reasonably cautious man on inquiry (12 
 Barb. [N. Y.] 605), and (b) a present valu- 
 able consideration, a good consideration (49 
 N. Y. 286), or one that is past (52 N. Y. 
 138) or executory (14 Mich. 514), being 
 insufficient. The term implies an actual re- 
 liance in good faith on the apparent right 
 of the seller. 28 Ga. 170. 
 
 BONA FIDES. Good faith, honesty, as 
 distinguished from mala fides, bad faith. 
 Bona fide, in good faith. 
 
 BONA FIDES EXIGIT UT QUOD CON- 
 venit flat. Good faith demands that what is 
 agreed upon shall be done.. Dig. 19. 20. 21; 
 Id. 19. 1. 50; Id. 50. 8. 2. 13. 
 
 BONA FIDES NON PATITUR, UT BIS 
 Idem exigatur. Good faith does not allow 
 us to demand twice the payment of the 
 same thing. Dig. 50. 17. 57. 
 
 BONA FORISFACTA. Forfeited goods. 1 
 Bl. Comm. 299. 
 
 BONA FUGITIVORUM (Lat.) In Eng- 
 lish law. Goods of fugitives; the proper 
 goods of him who flies for felony. 5 Coke, 
 109b. 
 
 BONA GESTURA. Good behavior. 
 
 BONA GRATIA. Voluntarily; by mutual 
 consent. Used of a divorce obtained by the 
 agreement of both parties. 
 
 BONA MEMORIA. Good memory. Used 
 chiefly in respect to testamentary capacity. 
 Abbott. 
 
 BONA MOBILIA. In civil law. Movables. 
 Those things which move themselves or can 
 be transported from one place to another; 
 which are not intended to make a perma- 
 nent part of a farm, heritage, or building. 
 
 BONA NOTABILIA. Chattels or goods of 
 sufficient value to be accounted for. 
 
 Where a decedent leaves goods of suffi- 
 cient amount (bona notabilia) in different 
 dioceses, administration is granted by the 
 metropolitan, to prevent the confusion aris- 
 ing from the appointment of many different 
 administrators. 2 Bl. Comm. 509; RoUe, 
 Abr. 908; Williams, Ex'rs, Index. The 
 value necessary to constitute property bona 
 notabilia has varied at different periods, 
 but was finally established at £5, in 1603. 
 
 BONA PATRIA. In Scotch law. An as- 
 size or jury of countrymen or good neigh- 
 bors. Bell, Diet. 
 
 BONA PERITURA. Perishable goods. 
 An executor, administrator, or trustee V 
 bound to use due diligence in disposing of 
 
BOISTA UTLAGATORUM 
 
 115 
 
 BONO ET MALO 
 
 perishable goods, such as fattened cattle, 
 grain, fruit, or any other article which may 
 be worse for keeping. Bac. Abr. "Execu- 
 tors;" 1 Rolle, Abr. 910; 5 Coke, 9; Cro. 
 Eliz. 518, 3 Munf. (Va.) 288; 1 Beatty, 5, 
 14; Dane, Abr. Index. 
 
 BONA UTLAGATORUM. In English law. 
 Goods of outlaws. Hale, Anal. § VIII. 
 
 BONA VACANTIA. Goods to which no 
 one claims a property, as shipwrecks, treas- 
 ure trove, etc.; vacant goods. These bona 
 vacantia belonged, under the common law, 
 to the finder, except in certain instances, 
 when they were the property of the king. 
 1 Sharswood, Bl. Comm. 298, note. 
 
 BONA WAVIATA. Goods waived or 
 thrown away by a thief in his fright for 
 fear of being apprehended. Such goods be- 
 long to the sovereign. 1 Bl. Comm. 296. 
 
 BONAE FIDEI (Lat.j In good faith. 
 
 BONAE FIDEI EMPTOR. A bona fide pur- 
 chaser {q. V.) 
 
 BONAE FIDEI POSSESSOR IN ID TAN- 
 turn quod ad se pervenerit tenetur. A bona 
 fide possessor is bound for that only which 
 has come to him. Coke, 2d Inst. 285; Gro- 
 tius, de Jure Belli, lib. 2, c. 10, § 3 et seq. 
 
 BOND. A sealed obligation to pay money, 
 either absolutely or conditionally. 2 Serg. 
 & R. (Pa.) 502; 11 Ala. 19; 1 Harp. (S. C.) 
 434; 1 Blackf. (Ind.) 241; 6 Vt. 40; 1 Baldw. 
 (U. S.) 129; 110 Mass. 454. 
 
 It may be single, — simplex obligatio, — as 
 where the obligor obliges himself, his heirs, 
 executors, and administrators, to pay a cer- 
 tain sum of money to another at a day 
 named, or it may be conditional (which is 
 the kind more generally used), that if the 
 obligor does some particular act, the ob- 
 ligation shall be void, or else shall remain 
 in full force, as payment of rent, perform- 
 ance of covenants in a deed, or repayment 
 of a principal sum of money borrowed of 
 the obligee, with interest, which principal 
 sum is usually one-half of the penal sum 
 specified in the bond. The term is usually 
 applied only to the latter class. 3 Redf. 
 Sur. (N. y.) 459. 
 
 Certificates of indebtedness issued by cor- 
 porations and municipal and governmental 
 bodies, are also known as "bonds." 
 
 BOND FOR A DEED. An agreement to 
 make title in the future. National, etc., Co. 
 V. Three States, etc., Co. 217 111. 122; Lang- 
 lois V. Stewart, 156 111. 612. 
 
 BOND TENANTS. In English law. Copy- 
 holders and customary tenants are some- 
 times 60 called. 2 Bl. Comm. 148. 
 
 BONDAGE. Is a term which has not ob- 
 tained a juridical use distinct from the ver- 
 nacular, in which it is either taken as a 
 
 synonym with "slavery,'' or as applicable to 
 any kind of personal servitude which is in- 
 voluntary in its continuation. 
 
 BONDSMAN. A surety on a bond. 
 
 BONES GENTS. In Old English law. 
 Good men. 
 
 BONI HOMINES (Law Lat.) In old Eu- 
 ropean law. Good men; a name given, In 
 early European jurisprudence, to the tenants 
 of the lord, who judged each other in the 
 lord's courts. 3 Bl. Comm. 349. Blackstone, 
 speaking of the origin of juries, says that 
 all the nations which adopted the feudal 
 system, as Germany, France, and Italy, had 
 a tribunal composed of twelve good men 
 and true (boni homines), usually the vas- 
 sals or tenants of the lord, being the equals 
 or peers of the parties litigant. Esprit des 
 Lois, liv. 30, c. 18. This term has survived 
 in the courts to the present day. 
 
 BONI JUDICIS EST AMPLIARE JURIS- 
 dictionem; justitiam In. It is the part of a 
 good judge to enlarge his jurisdiction; that 
 is, his remedial authority. 1 Burrows, 304; 
 Chanc. Prec. 329; 1 Wils. 284; 9 Mees. & 
 W. 818; 1 C. B. (N. S.) 255; 4 Bing. N. C. 
 233; 4 Scott, N. R. 229; 17 Mass. 310. 
 
 BONI JUDICIS EST CAUSAS LITIUM 
 dirimere. It is the duty of a good judge to 
 remove causes of litigation. 2 Inst. 306. 
 
 BONI JUDICIS EST JUDICIUM SINE 
 dllatione mandare executloni. It is the duty 
 of a good judge to cause execution to Issue 
 on a judgment without delay. Co. Litt. 289. 
 
 BONI JUDICIS EST LITES DIRIMERE, 
 ne lis ex lite oritur, et interest reipublicae 
 ut sint fines litium. It is the duty of a good 
 judge to prevent litigations, that suit may 
 not grow out of suit, and it concerns the 
 welfare of a state that an end be put to liti- 
 gation. 4 Coke, 15; 5 Coke, 31a. 
 
 BONIS CEDERE (Lat.) In the civil law. 
 To make a transfer or surrender of prop- 
 erty, as a debtor did to his creditors. Code, 
 
 7. 71. 
 
 BONIS NON-AMOVENDIS. A writ ad- 
 dressed to the sheriff, when a writ of error 
 has been brought, commanding that the per- 
 son against whom judgment has been ob- 
 tained be not suffered to remove his goods 
 till the error be tried and determined. Reg. 
 Grig. 131. 
 
 BONITARIAN. In the Roman law. Right 
 of possession. Hence bonitarian ownership 
 was an equitable title or special property, 
 as distinguished from quiritarian owner- 
 ship, that in accordance vnth the strict 
 forms of law. 
 
 BONO ET MALO. A special writ of jail 
 delivery, which formerly issued of course 
 for each particular prisoner. 4 Bl. Comm 
 270. 
 
BONORUM POSSESSIO 
 
 116 
 
 BORDARII, or BORDIMANNI 
 
 BONORUM POSSESSIO EDICTALIS. Lat. 
 Possession of goods or property by edict. 
 Inst. 3, 5, 8, 9, 10; Digs. 3, 28, 37, 38, 43. 
 
 BONUM DEFENDENTIS EX INTEGRA 
 causa; malum ex quollbet defectu. The good 
 of a defendant arises from a perfect case; 
 his harm from some defect. 11 Coke, 68. 
 
 BONUM NECESSARIUM EXTRA TER- 
 mines necessitatis non est bonum. A thing 
 good from necessity is not good beyond the 
 limits of the necessity. Hob. 144. 
 
 BONUS. Something over and above, some- 
 thing additional, by way of compensation 
 for something done or omitted; something 
 not a gratuity, but beyond what is regu- 
 larly due. 16 Wal. 471; 24 Conn. 154. 
 
 A premium paid to a grantor or vendor 
 or donated sum beyond strict legal right. 
 
 A consideration given for what is received. 
 Extraordinary profit accruing in the opera- 
 tions of a stock company or private cor- 
 poration. 10 Ves. 185; 7 Sim. 634; 2 Spence, 
 Eq. Jur. 569. 
 
 An additional premium paid for the use 
 of money beyond the legal interest. 2 Pars, 
 Cont. 391. 
 
 In its original sense of "good," the word 
 was formerly much used. Thus, a jury was 
 to be composed of twelve good men (boni 
 homines) (3 Bl. Comm. 349), bonus judex 
 (a good judge) (Co. Litt. 246). 
 
 An extra or donated sum beyond strict 
 legal right. 
 
 BONUS JUDEX SECUNDUM AEQUUM 
 et bonum judicat, et aequitatem strfcto Juri 
 praefert. A good judge decides according 
 to justice and right, and prefers equity to 
 strict law. Co. Litt. 24; 4 Term R. 344; 2 
 Q. B. 837; Broom, Leg. Max. (3d London 
 Ed.) 77. 
 
 BOOK. A general name given to every 
 literary composition which is printed, but 
 appropriately to a printed composition 
 bound in a volume. A book may consist of 
 but one page, and need not be bound. 2 
 Campb. 30, 32. 
 
 BOOK DEBT. A statutory remedy exist- 
 ing in several states for the collection of a 
 debt evidenced by entries in books of ac- 
 count. 
 
 BOOK LAND. In English law. Land, also 
 called charter land, which was held by deed 
 under certain rents and fee services, and 
 differed in nothing from free socage land. 
 2 Bl. Comm. 90. See 2 Spelman, English 
 Works, 233, tit. "Of Ancient Deeds and 
 Charters;" "Boc. Land." 
 
 BOOK OF ACTS. The records of a sur- 
 rogate's court. 
 
 BOOK OF ADJOURNAL. In Scotch law. 
 The records of the court of judiciary. 
 
 BOOK OF RATES. An account or enu- 
 meration of the duties or tariffs authorized 
 
 by parliament. 1 Sharswood, Bl. Comm. 
 316; Jacob. 
 
 BOOK OF RESPONSES. In Scotch law. 
 An account which the director of the chan- 
 cery keeps particularly to note a seizure 
 when he gives an order to the sheriff in that 
 part to give it to an heir whose service 
 has been returned to him. Wharton. 
 
 BOOKS OF SCIENCE. In evidence. 
 Medical books, even of received authority, 
 are not admissible in evidence. 12 Gush. 
 (Mass.) 193; 1 Gray (Mass.) 337; 5 Car. & 
 P. 74. See 2 Ind. 617; 1 Jones (N. C.) 386; 
 1 Chand. (Wis.) 178; 1 Cox, C. C. 94; 1 
 Towns. St. Tr. 357, 358. 
 
 BOON DAYS. Certain days in the year 
 on which copyhold tenants were bound to 
 perform certain services for the lord. Call- 
 ed, also, "due days." Whishaw. 
 
 BOOT, or BOTE. An old Saxon word, 
 equivalent to "estovers." Brownl. & G. 170. 
 
 BOOTING (or BOTING) CORN. Certain 
 rent corn, anciently so called. Cowell; 
 Blount. 
 
 BOOTY. Personal property captured by 
 a public enemy on land, in contradistinction 
 to "prize," which is such property captured 
 by such an enemy on the sea. 
 
 After booty has been in complete posses- 
 sion of the enemy for twenty-four hours, it 
 becomes absolutely his, without any right 
 of postliminy in favor of the original owner, 
 particularly when it has passed bona fide 
 into the hands of a neutral. 1 Kent, Comm. 
 110. The right to the booty, Pothier says, 
 belongs to the sovereign ; but sometimes the 
 right of the sovereign, or of the public, is 
 transferred to the soldiers, to encourage 
 them. Poth. Dr. de Propriete, p. 1, c. 2, a. 
 1, § 2 ; 2 Burlam. Nat. Law, pt. 4, c. 7, note 
 12. 
 
 BORD. An old Saxon word, signifying a 
 cottage; a house; a table. 
 
 BORD-HALFPENNY. A customary small 
 toll paid to the lord of a town for setting 
 up boards, tables, booths, etc., in fairs or 
 markets. 
 
 BORD LANDS. Lands held in bordage. 
 
 The demesnes which the lords keep in 
 their hands for the maintenance of their 
 bord or table. Cowell. 
 
 BORDAGE. A species of base tenure by 
 which bord lands were held. The tenants 
 were called bordarii (q. v.) 
 
 BORDARII, OP BORDIMANNI. In old Eng- 
 lish law. Tenants of a less senrile con- 
 dition than the villani, who had a. bora 
 or cottage, with a small parcel of land, al- 
 lowed to them, on condition they should 
 supply the lord with poultry and eggs, ana 
 other small provisions for his board or en- 
 tertainment. Spelman. 
 
BORDBRIGCH, or BORGHBRECH 117 
 
 BORROWER 
 
 BORDBRIGCH, BORGHBRECH, or 
 burghbrech. In Saxon law. Breach or viola- 
 tion of pledge (fide jussionis violatio) ; 
 pledge-breach (plegii fractio). Spelman. 
 The offense of violating the horg, or pledge 
 given by the inhabitants of a tithing. See 
 "Borg." 
 
 BORDER WARRANT. A process grant- 
 ed by a judge ordinary, on either side of the 
 border between England and Scotland, for 
 arresting the person or effects of a person 
 living on the opposite side, until he find 
 security, judido sisti. Bell, Diet. 
 
 BORDLOCt. The rent or quantity of food 
 which the bordarii paid for their lands. 
 Cowell. 
 
 BORDSERVICE. A tenure of bord lands. 
 
 BOREL FOLK. Country people; derived 
 from the French .bourre (Lat. floccus) , a lock 
 of wool, because they covered their heads 
 with such stuff. Blount. 
 
 BORG (Saxon). Suretyship. 
 
 Borgbriche (violation of a pledge of sur- 
 etyship) was a fine imposed on the borg 
 for property stolen within its limits. 
 
 A tithing in which each one became a 
 surety for the others for their good behav- 
 ior. Spelman; Cowell; 1 Bl. Comm. 115. 
 
 BORGESMON (Saxon). The land of each 
 family composing a tithing. 
 
 BORGH OF HAMHALD. In old Scotch 
 law. A pledge or surety given by the seller 
 of goods to the buyer, to make the goods 
 forthcoming as his own proper goods, and 
 to warrant the same to him. Skene de Verb. 
 Sign. 
 
 BOROUGH. In the old sense of the word, 
 borough is "an ancient towne, holden of the 
 king or any other lord, which sendeth bur- 
 gesses to the parliament." Litt. § 164; Co. 
 Litt. 109a. Many of these boroughs, how- 
 ever, having been disfranchised in moaern 
 times, are now only boroughs to this ex- 
 tent, that the land within them is held by 
 tenure in burgage or subject to the cus- 
 tom of borough English \q. v.) At the 
 present day, "borough" almost always 
 means either a borough corporate, or mu- 
 nicipal borough, or a parliamentary bor- 
 ough (see 1 Bl. Comm. 115; 1 Steph. Comm. 
 125), most, if not all, municipal boroughs 
 being also parliamentary. . 
 
 A parliamentary borough is a town which 
 returns one or more members to parlia- 
 ment. See Parliamentary and Municipal 
 Registration Act 1878, § 4. Some of these 
 towns are ancient boroughs; others are 
 towns on which the right of returning mem- 
 bers has been conferred by statute. St. 2 
 Wm. IV. c. 45; 30 & 31 Vict. c. 102. 
 
 In Scotch Law. A corporation or- 
 ganized under a royal charter. Bell, Diet. 
 
 In American Law. The word la little 
 
 used. In Pennsylvania and Connecticut, 
 
 however, it is in common use, and denotes 
 an incorporated town or village. Bright. 
 Purd. Dig. 115; 23 Conn. 128. 
 
 Borough, lynonymous with "town." 1 Bl. 
 Comm. 114. Borough, synonymous with 
 "village." 18 Ohio St. 496, 
 
 BOROUGH COURTS. In English law. 
 Private courts of limited jurisdiction held 
 in particular districts by prescription, char- 
 ter, or act of parliament, for the prosecu- 
 tion of petty suits. 19 Geo. III. c. 70; 3 Wm. 
 IV. c. 74; 3 Bl. Comm. 80. 
 
 BOROUGH ENGLISH. A custom preva- 
 lent in some parts of England, by which 
 the younger son inherits the estate in pref- 
 erence to his older brothers. 1 Bl. Comm. 
 75. ' 
 
 The custom is said by Blacktone to have 
 been derived from the Saxons, and to have 
 been so called in distinction from the Nor- 
 man rule of descent. 2 Bl. Comm. 83. A 
 reason for the custom is found in the fact 
 that the elder children were usually pro- 
 vided for during the life of the parent as 
 they grew up, and removed, while the 
 younger son usually remained. See, also, 
 Bac. Abr.; Comyn. Dig.; Termes de la Ley; 
 Cowell. The custom applies to socage lands. 
 2 Bl. Comm. 83. 
 
 BOROUGH-HEAD, or BOROW-HEAD. 
 
 The chief man or head of a borough. 
 Cowell. See "Headborow." 
 
 BOROUGH-REEVE. The chief munici- 
 pal oflBcer in towns unincorporated before 
 the municipal corporations act (5 & 6 Wm. 
 IV. c. 76). 
 
 BOROUGH SESSIONS. Courts estab- 
 lished in boroughs under the municipal cor- 
 porations act (5 & 6 Wm. IV. c. 76, amend- 
 ed by 6 & 7 Wm. IV. c. 105, and 6 & 7 Vict. 
 c. 89). They are held by the recorders of 
 the respective boroughs once a quarter, or 
 oftener if they think fit, and at times to be 
 fixed by them. The jurisdiction is over such 
 offenses as are cognizable by the country 
 sessions, whose powers extend to all bor- 
 oughs which may not have petitioned for a 
 separate court by virtue of section 103 of 
 the municipal corporations act. Wharton. 
 
 BORROW. To obtain the use of the prop- 
 erty of another, with an agreement to re- 
 turn the same, ordinarily in specie, but 
 where, as in case of money, the nature of 
 the case does not admit of it, to return in 
 kind. See 14 Neb. 381. 
 
 BORROWE. In old Scotch law. A pledge. 
 Skene de Verb. Sign. voc. "Forensis." 
 
 BORROWER. He to whom a thing l8 
 lent at his request. 
 
 As used in usury laws, it includes any 
 person who is a party to the original con- 
 tract, or in any way liable to pay the loan. 
 64 N. Y. 247; 65 N. Y. 432; 11 Wend. (N. 
 
BORSHOLDER 
 
 118 
 
 BOULEVARD 
 
 Y.) 329; 7 Hill (N. Y.) 391; 75 N. Y. 516, 
 523, 31 Am. Rep. 484, reversing 10 Hun, 
 468. 
 
 In general, he has the right to use the 
 thing borrowed, himself, during the time 
 and for the purpose intended between the 
 parties. He is bound to take extraordinary 
 care of the thing borrowed; to use it ac- 
 cording to the intention of the lender; to 
 restore it in proper condition at the proper 
 time. See "Bailment;" Story, Bailm. § 268; 
 2 Kent, Comm. 446-449; 1 Bouv. Inst. 1078- 
 1090. 
 
 BORSHOLDER. A corruption of bor- 
 hesalder, another form of borhealder. Spel- 
 man. 
 
 In Saxon Law. The borough's ealder, 
 
 or head borough, supposed to be the most 
 discreet man in the borough, town, or tith- 
 ing. 1 Bl. Comm. 114, 355. 
 
 BOSCAGE. That food which wood and 
 trees yield to cattle. 
 
 To be quit of boscage is to be discharged 
 of paying any duty of wind-fall wood in for- 
 est. Whishaw; Manw. For. Law. 
 
 BOSCARIA (from Lat. 60s) . Wood- 
 
 houses, or ox-houses. 
 
 BOSCUS. Wood growing; wood; both 
 high .wood or trees, and underwood or cop- 
 pice. The high wood is properly called sal- 
 tus. Cowell; Spelman; Co. Litt. 5a. 
 
 BOTE. A recompense or compensation. 
 The common word "boot" comes from this 
 word. Cowell. The term is applied as well 
 to making repairs in houses, bridges, etc., 
 as to making a recompense for slaying 
 a man or stealing property. House bote, 
 materials which may be taken to repair a 
 house; hedge bote, to repair hedges; brig 
 bote, to repair bridges; man bote, compen- 
 sation to be paid by a murderer. Bote is 
 known to the English law also under the 
 name of "estover." 1 Washb. Real Prop. 
 99; 2 Bl. Comm. 35. 
 
 BOTELESS. In old English law. With- 
 out amends; without the privilege of mak- 
 ing satisfaction for a crime by a pecuniary 
 payment; without relief or remedy. Cowell; 
 Blount. The word (written "bootless") is 
 still retained in the sense of "vain" or "use- 
 less." Cowell. 
 
 BOTH. The one and the other; the two; 
 the pair or couple; without exception of 
 either. 143 111. 104. 
 
 The term is never used as inclusive of 
 or as referring to three or more, and can 
 apply only to two of the matters or sub- 
 jects previously mentioned. 143 111. 103. 
 
 BOTHA. In old English law. A booth, 
 stall, or tent to stand in, in fairs or mar- 
 kets. Cowell; Blount. 
 
 BOTHAGIUM, or BOOTHAGE. Custo- 
 mary dues paid to the lord of a manor or 
 
 soil for the pitching or standing of booths 
 in fairs or markets. 
 
 BOTHNA, BUTHNA, or BOTHENA. In 
 old Scotch law. A park where cattle are 
 inclosed and fed. Bothna also signifies a 
 barony, lordship, etc. Skene de Verb. Sign. 
 
 BOTTOMAGE (Law Fr.) Bottomry. Latch. 
 252. 
 
 BOTTOMRY. A contract in the nature 
 of a mortgage, by which the owner of a ship, 
 or the master, as his agent, borrows money 
 for the use of the ship, and for a specified 
 voyage, or for a definite period, pledges the 
 ship (or the keel or bottom of the ship, pars 
 pro to to) as a security for its payment, 
 with maritime or extraordinary interest on 
 account of the marine risks to be borne by 
 the lender; it being stipulated that if the 
 ship be lost in the course of the specified 
 voyage, or during the limited time, by any 
 of the perils enumerated in the contract, 
 the lender shall also lose his money. 2 
 Hagg. Adm. 48. .53; 2 Sumn. (U. S.) 157; 
 Abb. Shipp. 117-131. Where the loan is 
 made on the credit of the cargo alone, the 
 contract is called respondentia (q. v.) 
 
 BOUCHE (Fr. mouth). Ne gist en U 
 bouche, it does not lie in the mouth, i. e., it 
 is not for one to say. Litt. § 58. A phrase 
 still used. En bouch del lay gents, in the 
 mouth of the common people. Cro. Jac. 700. 
 II port meate en son bouche, it supports 
 itself. Dyer, 28 (Fr. Ed.). Said of a deed. 
 
 An allowance of provision. Avoir bouche 
 a court, to have an allowance at court; to 
 be in ordinary at court; to have meat and 
 drink scot-free there. Blount; Cowell, "Mu- 
 nitions de Bouche;" Ord. Mar. liv. 3, tit. 8, 
 art. 11. 
 
 BOUCHE OF COURT, or BUDGE OF 
 court. A certain allowance of provision 
 from the king to his knights and servants 
 that attended him in any military expedi- 
 tion. The French avoir bouche a ccnirt, is 
 to have an allowance at court of meat and 
 drink. From bouche, a mouth. But some- 
 times it extended only to bread, beer, and ' 
 wine, and this was anciently in use as well 
 in the houses of noblemen as in the king's 
 court. Jacob. 
 
 BOUGH OF A TREE. A symbol which 
 gave seisin of land, to hold of the donor in 
 capite. 
 
 BOUGHT NOTE. A written memoran- 
 dum of a sale, delivered by the broker who 
 effects the sale, to the vendee. Story, Ag. 
 § 28; 11 Adol. & E. 589; 8 Mees. & W. 834. 
 
 Bought and sold notes are made out usu- 
 ally at the same time, the former being de- 
 livered to the vendee, the latter to the ven- 
 dor. 
 
 BOULEVARD. A public drive, adapted 
 and set aside for purposes of ornament, ex- 
 ercise, and amusement. It is not technically 
 
BOUND BAILIFF 
 
 119 
 
 BRANCH 
 
 a street, avenue, or highway, though a car- 
 riage way over it be a chief feature. 52 
 How. Pr. (N. Y.) 440. 
 
 Originally "boulevard" was a bulwark or 
 rampart of a fortification or fortified town ; 
 hence, a public walk or street occupying 
 the site of demolished fortifications, the 
 name being now sometimes extended to any 
 street or walk encircling a town, and also 
 to a street which is of especial width, is 
 given a park-like appearance by reserving 
 spaces at the sides or center for shade 
 trees, flowers, seats, and the like, and is 
 not used for heavy teaming. 171 111. 160. 
 
 BOUND BAILIFF. A sheriff's officer, 
 who serves writs and makes arrests. He is 
 so called because bound to the sheriff for 
 the due execution of his office. 1 Bl. Comm. 
 345. 
 
 BOUNDARY. Any separation, natural 
 or artificial, which marks the confines or 
 line of two contiguous estates. Hunt, 
 Boundaries. 
 
 The term is applied to include the objects 
 placed or existing at the angles of the 
 bounding lines, as well as those which ex- 
 tend along the lines of separation. 
 
 A natural boundary is a natural object 
 remaining where it was placed by nature. 
 
 An artificial boundary is one erected by 
 man. 
 
 BOUNDED TREE. A tree marking or 
 standing at the corner of a field or estate. 
 
 BOUNDERS. Visible marks or objects at 
 the ends of the lines drawn in surveys of 
 land, showing the courses and distances. 
 
 BOUNTY. An additional benefit con- 
 ferred upon, or a compensation paid to, a 
 class of persons. It differs from a reward, 
 which is usually applied to a sum paid for 
 the performance of some specific act to 
 some person or persons. It may or may not 
 be part of a contract. Thus, the bounty 
 offered a soldier would seem to be part of 
 the consideration for his services. The 
 bounty paid to fishermen is not a considera- 
 tion for any contract, however. 
 
 BOUNTY LANDS. Lands given away by 
 the government by way of bounty. 
 
 BOUNTY OF QUEEN ANNE. A royal 
 charter confirmed by St. 2 Anne, c. 11, pro- 
 viding for the forming a perpetual fund for 
 the .augmentation of poor ecclesiastical 
 livings. Wharton. 
 
 BOURQ (Pr.) In old French law. An as- 
 semblage of houses surrounded with walls; 
 a fortified town or village. Steph. Lect. 
 118. 
 ' Originally, any aggregation of houses. Id. 
 
 A corporate town. Id. 
 
 .BOURGEOIS. In old French law. The 
 inhabitant of a bourg (q. v.) Steph. Lect. 
 118. 
 
 A person entitled to the privileges of a 
 municipal corporation; a burgess. Id. 
 
 BOURSE DE COMMERCE. InthePrench 
 law. An aggregation, sanctioned by gov- 
 ernment, of merchants, captains of ves- 
 sels, exchange agents, and courtiers, the 
 two latter being nominated by the govern- 
 ment, in each city which has a bourse. 
 Brown. 
 
 BOUWERYE, or BOUWERIE (Dutch). A 
 farm. 
 
 BOUWMEESTER, or BOUWMASTER 
 (Dutch). A farmer. 
 
 BOVATA TERRAE. As much land as 
 one ox can cultivate. Said by some to be 
 thirteen, by others eighteen, acres in ex- 
 tent. Skene de Verb. Sign.; Spelman; Co. 
 Litt. 5a. 
 
 BOW-BEARER. An under officer of the 
 forest, whose duty it is to oversee and true 
 inquisition make, as well of sworn men as 
 unsworn, in every bailiwick of the forest, 
 and of all manner of trespasses done, either 
 to vert or venison, and cause them to be 
 presented, without any concealment, in the 
 next court of attachment, etc. Cromp. Jur. 
 201. 
 
 BOWYERS. Manufacturers of bows and 
 shafts. An ancient company of the city of 
 London. 12 Edw. IV. c. 2; 33 Hen. VIII. 
 c. 6. 
 
 BOYCOTT. A conspiracy to injure the 
 business of any person by inducing others 
 to abstain from business relations with him. 
 The methods are so diverse as not to be 
 comprehended by any definition. For illus- 
 trations, see 84 Va. 927; 45 Fed. 135; 55 
 Conn. 79. 
 
 If force or intimidation is resorted to, 
 such combinations are unlawful. As to 
 their legality in the absence of such meas- 
 ures, see 15 Q. B. Div. 476. 
 
 BOZERO. In Spanish law. An advocate; 
 one who pleads the causes of others, either 
 suing or defending. Las Partidas, pt. 3, 
 tit. 1, 1-6. 
 
 Called, also, abogadas. Amongst other 
 classes of persons excluded from this office 
 are minors under seventeen, the deaf, the 
 dumb, friars, women and infamofjs persons. 
 White, New Recop. 274. 
 
 BRANCH. A portion of the descendants 
 of a person, who trace their descent to some 
 common ancestor, who is himself a descend- 
 ant of such person. 
 
 The whole of a genealogy is often called 
 the "genealogical tree," and sometimes it is 
 made to take the form of a tree, which is in 
 the first place divided into as many branches 
 as there are children, afterwards into as 
 many branches as there are grandchildren, 
 then great-grandchildren, etc. If, for ex- 
 
BRANDING 
 
 120 
 
 BREAKING 
 
 ample, it be desired to form the genealbg^ical 
 tree of Peter's family, Peter will be made 
 the trunk of the tree; if he has had two 
 children, John and James, their names will 
 be written on the first two branches, which 
 will themselves shoot out into as many 
 smaller branches as John and James have 
 children; from these others proceed, till 
 the whole family is represented on the tree. 
 Thus the origin, the application, and the 
 use of the word "branch" in genealogy will 
 be at once perceived. See "Line." 
 
 BRANDING. An ancient mode of pun- 
 ishment by inflicting a mark on an offender 
 with a hot iron. It is generally disused in 
 civil law, but is a recognized punishment for 
 some military offenses. 
 
 BRANKS. An Instrument of punishment 
 formerly made use of in some parts of Eng- 
 land for the correction of scolds, which it 
 was said to do so effectually and so very 
 safely that it was looked upon by Dr. Plotts, 
 in his History of Staffordshire (page 389), 
 "as much to be preferred to the ducking- 
 stool, which not only endangered the health 
 of the party, but also gives the tongue 
 liberty 'twixt every dip, to neither of which 
 is this liable. It brings such a bridle for 
 the tongue as not only quite deprives them 
 of speech, but brings shame for the trans- 
 gression and humiliation thereupon before 
 it is taken off." 
 
 BRASS KNUCKLES (or KNUCKS).. A 
 weapon consisting of metal covering part 
 of the hand, and used to strike with. It was 
 originally made of brass, and the name is 
 now used as that of the weapon, without re- 
 gard to the metal used. 3 Lea (Tenn.) 
 575; 3 S. W. 477. 
 
 BRAWL. Tumult; loud, angry contention. 
 See 42 N. H. 464. 
 
 Originally used in connection with dis- 
 turbances in churches or churchyards. 4 
 Bl. Comm. 146; Steph. Cr. Dig. 102. 
 
 BREACH. 
 
 In Contracts. The violation of an 
 
 obligation, engagement, or duty. 
 
 Breach may be either by renunciation,— 
 that is, by the declaration of the party that 
 he does not intend to perform (32 Iowa, 
 409; 61 N. Y. 362; 52 Wis. 240), by such 
 acts as will render performance impossible 
 (82 N. Y. 108; 22 Fed. 522; 16 Mass. 161), 
 — or by actually failing to perform any or 
 all the terms of the contract; the two first 
 mentioned being constructive breaches, and 
 the last, actual breach. 
 
 A continuing breach is one where the con- 
 dition of things constituting a breach con- 
 tinues during a period of time, or where 
 the acts constituting a breach are repeated 
 at brief intervals. P. Moore, 242; 1 Leon. 
 62; 1 Salk. 141; Holt, 178; 2 Ld. Raym. 
 1125. 
 
 In Pleading. That part of the decla- 
 ration in which the violation of the defend- 
 ant's contract is stated. 
 
 BREACH OF CLOSE. Every unwarrant- 
 able entry upon the soil of another is a 
 breach of his close. 3 Bl. Comm. 209. 
 
 BREACH OF COVENANT. A violation 
 of, or a failure to perform the conditions of 
 a bond of covenant. The remedy is in 
 some cases by a writ of covenant; in others, 
 by an action of debt. 3 Bl. Comm. 156J 
 
 BREACH OF POUND. See "Pound 
 Breach." 
 
 BREACH OF PRISON. An unlawful break- 
 ing out of prison. This is of itself a mis- 
 demeanor. 1 Russ. Crimes, 378; 4 Bl. Comm. 
 129; 2 Hawk. P. C. c. 18, § 1; 7 Conn. 752. 
 The remedy for this offense is by indict- 
 ment. The climbing of a wall is not a break- 
 ing out, but if loose bricks be thrown from 
 the wall it is. Russ. & R. 458. See "Es- 
 cape." 
 
 BREACH OF PRIVILEGE. An act in vio- 
 lation of the privilege of a legislative body. 
 
 BREACH OF THE PEACE. A violation 
 of public order; the offense of disturbing 
 the public peace. 6 Coldw. (Tenn.) 28-3. 
 An act of public indecorum is also a breach 
 of the peace. 
 
 BREACH OF TRUST. 
 
 (1) The willful misappropriation, by a 
 trustee, of a thing which had been lawfully 
 delivered to him in confidence. 
 
 The distinction between larceny and a 
 breach of trust is' to be found chiefly in the 
 terms or way in which the thing was taken 
 originally into the party's possession; and 
 the rule seems to be that whenever the ar- 
 ticle is obtained upon a fair contract not 
 for a mere temporary purpose, or by one 
 who is in the employment of the deliverer, 
 then the subsequent misappropriation is to 
 be considered as an act of breach of trust. 
 
 (2) Any wrongful act of a trustee in 
 violation of his duty as such, though not 
 amounting to a crime. 
 
 BREAKING. Parting or dividing by 
 force and violence, a solid substance, or 
 piercing, penetrating, or bursting through 
 the same. 
 
 In cases of burglary and housebreaking, 
 the removal of any part of the house, or of 
 the fastenings provided to secure it, with 
 violence and a felonious intent, is a break- 
 ing, as the raising of a closed window (107 
 N. C. 905), or the opening of a closed door 
 (68 111. 271; 20 Iowa, 413), but an entry by 
 an open door or window (85 Pa. St. 66; 25 
 Neb. 780) is not, though an entry through 
 a chimney is a breaking into the house, 
 for that is as much closed as the nature of 
 things will permit (52 Ala. 376; 13 Ired. 
 [N. CI 244). 
 
BREAKING OF ARRESTMENT 
 
 121 
 
 BREVIA ADVERSARIA 
 
 A constructive breaking is the procuring 
 of an entry for felonious purpose by fraud 
 or covin, as by pretending to have business 
 with the owner (9 Ired. [N. C] 463), or by 
 collusion with an inmate (98 N. C. 629), 
 
 BREAKrNG OF ARRESTMENT. The 
 contempt of the law committed by an ar- 
 restee who disregards the arrestment used 
 in his hands, and pays the sum or delivers 
 the goods arrested to the debtor. The 
 breaker is liable to the arrester in dam- 
 ages. See "Arrestment." 
 
 BREAST OF THE COURT. The judgment 
 or conscience of the court. A record is In 
 the breast of the court, subject to correc- 
 tion, until the term is closed, after which it 
 imports verity. 
 
 BREATH. In medical jurisprudence. The 
 air expelled from the chest at each expira- 
 tion. 
 
 BREDWITE. In Saxon and old English 
 law. A fine, penalty, or amercement im- 
 posed for defaults in the assize of bread. 
 Kennett, Par. Ant. 114; Cowell. 
 
 BREHON LAW. The ancient system of 
 Irish law; so named from the judges, called 
 "Brehons," or "Breitheamhuin." Its exist- 
 ence has been traced from the earliest pe- 
 riod of Irish history down to the time of 
 the Anglo-Norman invasion. It is still a 
 subject of antiquarian research. An oub- 
 line of the system will be found in Knight's 
 English Cyclopaedia. 
 
 BRENAGIUM. A payment in bran, 
 which tenants anciently made to feed their 
 lord's hounds. Blount. 
 
 BREPHOTROPHI. In civil law. Per- 
 sons appointed to take care of houses des- 
 tined to receive foundlings. Clef des Lois 
 Rom. "Administrateurs." 
 
 BRETHWALDA, or BRETTWALDA. The 
 leade;: of the Saxon heptarchy. Steph. 
 Lect. 696. 
 
 BRETTS and SCOTTS, LAWS OF THE. 
 A code or system of laws in use among the 
 Celtic tribes of Scotland down to the be- 
 ginning of the fourteenth century, and then 
 abolished by Edward I. of England. A frag- 
 ment only is now extant. See Acts Pari. 
 Scotland, vol. 1, pp. 299-301, Edin. 1844. It 
 is interesting, like the Brehon laws of Ire- 
 land, in a historical point of view. 
 
 BREVA INNOMINATA. See "Breve In- 
 nominatum." 
 
 BREVE (Law Lat.) In old English law. 
 A writ; ^properly an original writ (breve 
 originate), by which all actions in the su- 
 perior courts of England were once required 
 to be commenced. Non potest quia sine 
 brevi agere, no man can sue without a writ. 
 
 Bracton, fols. 413b, 112; Fleta, lib. 2, c. 13, 
 § 4; Steph. PL 5, 6; 8 Bl. Comm. 272, 273. 
 
 BREVE DE RECTO. A writ of right. 
 The writ of right patent is of the highest 
 nature of any in the law. Cowell; Fitzh. 
 Nat. Brev. 
 
 BREVE INNOMINATUM. A writ con- 
 taining a general statement only of the 
 cause of action. 
 
 BREVE ITA DICITUR, QUIA REM DE 
 qua agitur, et intentionem petentis, paucis 
 verbis brevlter enarrat. A writ is so called 
 because it briefly states, in few words, the 
 matter in dispute, and the object of the 
 party seeking relief. 2 Inst. 39. 
 
 BREVE JUDiCIALE DEBET SEQUr 
 suum originale, et accessorium suum prin- 
 cipale. A judicial writ ought to follow its 
 original, and an accessory its principal. 
 Jenk. Cent. Cas. 292. 
 
 BREVE JUDICIALE NON CADIT PRO 
 defectu firmae. A judicial writ fails not 
 through defect of form. Jenk. Cent. Cas. 43. 
 
 BREVE NOMINATUM. A writ contain- 
 ing a statement of the circumstances of the 
 action. 
 
 BREVE ORIGINALE. An original writ. 
 
 BREVE PERQUIRERE. To purchase a 
 writ or license of trial, in the king's courts, 
 by the plaintiff, qui breve perquisivit; 
 whence the usage of paying 6s. 8d fine to 
 the crown where the debt is £40, and of 
 10s. where the debt is £100, etc., in suits 
 and trials for money due upon bond, etc. 
 Wharton. 
 
 BREVE TESTATUM. A written memo- 
 randum introduced to perpetuate the tenor 
 of the conveyance and investiture of lands. 
 2 BI. Comm. 307. It was prepared after 
 the transaction, and depended for its valid- 
 ity upon the testimony of witnesses, as it 
 was not sealed. Spelman. 
 
 In Scotch Law. A similar memoran- 
 dum made out at the time of the transfer, 
 attested by the pares curiae, and by the 
 seal of the superior. Bell, Diet. 
 
 BREVET. 
 
 In French Law. A warrant granted 
 
 by government to authorize an individual 
 to do something for his own benefit. 
 
 Brevet d'invention. A patent. 
 
 In American Law. A commission 
 
 conferring on a military officer a degree of 
 rank specified in the commission, without, 
 however, conveying a right to receive cor- 
 responding pay, 
 
 BREVIA (Lat.) Writs. The plural of 
 breve (q. v.) 
 
 BREVIA ADVERSARIA. Adversary 
 writs; those brought adversely to recover 
 land. 
 
BREVIA AMICABILIA 
 
 122 
 
 BRIEF 
 
 BREVIA AMICABILIA. Amicable or 
 friendly writs; writs brought by agreement 
 or consent of the parties. 
 
 BREVIA ANTICIPANTIA. Anticipating 
 ■writs; writs of prevention. See Termes de 
 la Ley. 
 
 BREVIA DE CURSU. Formal writs is- 
 sning as of course. See "Brevia Formata." 
 
 BREVIA FORMATA (Lat.) Certain writs 
 of approved and established form which 
 Were granted of course in actions to which 
 they were applicable, and which could not 
 be changed but by consent of the great 
 council of the realm. Bracton, 413b. 
 
 BREVIA INNOMINATA. See "Breve In- 
 nominatum." 
 
 BREVIA JUDICIALIA (Lat.) Judicial 
 Writs. Subsidiary writs issued from the 
 court during the progress of an action, or 
 in execution of the judgment. 
 
 BREVIA MAGISTRALIA. Writs framed 
 and issued by masters in chancery, ijot fol- 
 lowing any established form; but varying 
 in accordance with the peculiarities of the 
 particular case. Bracton, 413b. 
 
 BREVIA NOMINATA. See "Breve Nomi- 
 natum." 
 
 BREVIA SELECTA. Choice or selected 
 writs or processes. Often abbreviated to 
 brev. sel. 
 
 BREVIA, TAM ORIGINALIA GUAM JU- 
 dicialla, patluntur Anglica nomina. Writs, as 
 well original as judicial, bear English 
 names. 10 Coke, 132. 
 
 BREVIA TESTATA. See "Breve Testa- 
 tum." 
 
 BREVIARIUM ALARICIANUM (or ANIA- 
 n!) (Lat.) A code of law compiled by order 
 of Alaric II., king of the Visigoths, for the 
 use of the Romans, living in his empire, pub- 
 lished A. D. 506. It was collected by a 
 committee of sixteen Roman lawyers, from 
 the Codex Gregorianus, Hermogenianus, 
 and Theodosianus, some of the later novels, 
 and the writings of Gains, Paulus, and Pa- 
 pinianus. In the middle ages, it is com- 
 monly referred to, under the titles Corpus 
 Theodosianum, Lex Theodosiana, Liber 
 Legum, or Lex Romana. 1 Mackeld. Civ. 
 Law, p. 49, § 59. 
 
 BREVIATE. An abstract or epitome of 
 a writing. Holthouse. 
 
 BREVIBUS ET ROTULIS LIBERANDIS. 
 
 A writ or mandate directed to a sheriff, 
 commanding him to deliver to his successor 
 the county and the appurtenances, with all 
 the briefs, rolls, remembrances, and other 
 things belonging to his office. 
 
 BRIBE. The gift or promise, which is 
 accepted, of some advantage as the induce- 
 
 ment for some illegal act or omission; or 
 of some illegal emolument, as a considera- 
 tion for preferring one person to another, in 
 the performance of a legal act. 
 
 BRIBERY. At common law. The re- 
 ceiving or offering any undue reward by 
 or to any person whomsoever, whose ordi- 
 nary profession or business relates to the 
 administration of public justice, in order to 
 influence his behavior in office, and to in- 
 cline him to act contrary to his duty and 
 the known rules of honesty and integrity. 
 Coke, 3d Inst. 149; 1 Hawk. P. C. c. 67, 
 § 2; 4 Bl. Comm. 139; 1 Russ. Crimes, 156. 
 
 The term "bribery" now extends further, 
 and includes the offense of giving a bribe 
 to many other officers. The offense of the 
 giver and of the receiver of the bribe has 
 the same name. For the sake of distinc- 
 tion, that of the former — viz., the briber- 
 might be properly denominated "active 
 bribery;" while that of the latter — ^viz., the 
 person bribed — might be called "passive 
 bribery." 
 
 "The voluntary giving or receiving of 
 anything of value in corrupt payment for 
 an official act done or to be done." 2 Bish. 
 Grim. Law, § 85. 
 
 BRIBOUR. One that pilfers other men's 
 goods; a thief. See St. 28 Edw. II. c. 1. 
 
 BRICOLIS. An engine by which walls 
 were beaten down. Blount. 
 
 BRIDEWELL. A house of correction in 
 England. 
 
 BRIDGE. A structure erected over a riv- 
 er, creek, stream, ditch, ravine, or other 
 place, to facilitate the passage thereof; in- 
 cluding, by the term, both arches and abut- 
 ments. 3 Har. (N. J.) 108; 15 Vt. 438. 
 
 The common-law definition, flumen vel 
 cursus aquae, etc., has a more enlarged 
 significance in modern usage, and the term 
 "bridge" in statutes signifies also crossings 
 over public ways on land. 37 Me. 451. 
 
 Bridges are either public or private. 
 Public bridges are such as form a part of 
 the highway, common, according to their 
 character, as foot, horse, or carriage 
 bridges, to the public generally, with or 
 without toll (2 East, 342); though their 
 use may be limited to particular occasions, 
 as to seasons of flood or frost (2 Maule & 
 S. 262; 4 Campb. 189). 
 
 BRIDGE MASTERS. Persons chosen by 
 the citizens to have the care and supervis- 
 ion of bridges, and having certain fees and 
 profits belonging to their office, as in the 
 case of London Bridge. Lex. Lond. 283. 
 
 BRIEF (Lat. brevis; Law Fr. brief e, 
 short). A short or condensed statement 
 
 In Ecclesiastical Law. A papal re- 
 script sealed with wax. See "Bull." 
 
BRIEF A L'EVESQUE 
 
 123 
 
 BROKERS 
 
 In Old Practice. A writ. It is found 
 
 in this sense in the ancient law authors. 2 
 Co. Litt. 73b. 
 
 In English Practice. A statement by 
 
 a solicitor to counsel, containing the facts 
 and issues, the names of the witnesses, etc., 
 to obtain the advice of counsel on a point of 
 law, or to enable him to prepare for trial. 
 
 In American Practice. The written 
 
 or printed points, authorities, and argu- 
 ment furnished to the court by counsel. It 
 must contain some statement of the case 
 and argument therein; a mere copy of part 
 of the assignments of error being insuffi- 
 cient. 12 Ind. 654. And see 43 Ind. 356. 
 
 BRIEF A L'EVESQUE. A writ to the 
 bishop which, in quare impedit, shall go to 
 remove an incumbent, unless he recover or 
 be presented pendente lite. 1 Keb. 386. 
 
 BRIEF OF TITLE. Aa abstract of title 
 (g. V.) 
 
 BRIEF (or BRIEVE) OUT OF THE 
 chancery. A writ issued in Scotland in the 
 name of the sovereign in the election of tu- 
 tors to minors, the cognoscing of lunatics 
 or of idiots, and the ascertaining the wid- 
 ow's terce; and sometimes in dividing the 
 property belonging to heirs-portioners. In 
 these cases, only brieves are now in use. 
 Bell, Diet. 
 
 BRIEF, PAPAL. The pope's letter upon 
 matters of discipline. 
 
 BRIEVE (from breve, q. v.) In Scotch 
 law. A writ. 1 Karnes, Eq. 146; 1 Forbes, 
 Inst. pt. 4 bk. 2, c. 1, tit. 2, § 1. 
 
 BRIGA (Law Lat.) In old European law. 
 Strife; contention; litigation; controversy. 
 Spelman; Cowell; Blount. 
 
 BRIGANOINE. A coat of mail or ancient 
 armor, consisting of numerous jointed 
 scale-like plates, very pliant and easy for 
 the body. 
 
 BRIGBOTE (Saxon). A contribution to 
 repair a bridge. 
 
 BRINGING MONEY INTO COURT. The 
 
 act of depositing money in the hands of the 
 proper officer of the court for the purpose 
 of satisfying a debt or duty, or of an inter- 
 pleader. See "Payment into Court." 
 
 BR IS. In French maritime law. Liter- 
 ally, breaking; wreck. Distinguished from 
 wmfrage (q. v.) Ord. Mar. liv. 2, tit. 9. 
 
 BRISTOL BARGAIN. A contract by 
 which A. lends B. £1,000 on good security, 
 and it is agreed that £500, together with 
 interest, shall be paid at a time stated, and, 
 as to the other £500, that B., in considera- 
 tion thereof, shall pay to A. £100 per an- 
 num, for seven years. Wharton. 
 
 BROCAGE. See "Brokerage." 
 
 BROCARIUS, or BROCATOR. A broker; 
 a middle-man between buyer and seller; 
 the agent of both transacting parties. Used 
 in the old Scotch and English law. Bell, 
 Diet; Cowell. 
 
 B ROC EL LA. A thicket, or covert, of 
 bushes and brushwood. "Browse" is said 
 to be derived hence. Cowell. 
 
 BROKERAGE, or BROCAGE. The trade 
 or occupation of a broker; the commissions 
 paid to a broker for his services. 
 
 BROKERS. Those who are engaged for 
 others in the negotiation of contracts rela- 
 tive to property, with the custody of which 
 they have no concern. Paley, Ag. 13. See 
 16 Gray (Mass.) 436; 45 111. 79; 16 How. 
 Pr. (N. Y.) 440. 
 
 One who receives a commission for mak- 
 ing a bargain for another. 6 Bing. 702. 
 
 A salaried agent is not a broker. 1 Ore. 
 218. 
 
 A broker differs from a factor in that he 
 has no possession of the property he sells. 
 47 Cal. 213; 41 N. Y. 235; 104 Mass. 259. 
 
 A person employed by merchants Eng- 
 lish and merchants strangers in contriving, 
 making and concluding bargains and con- 
 tracts between them concerning their wares 
 and merchandise, and the moneys to be 
 taken up by exchange between such mer- 
 chants and tradesmen. Banta v. Chicago, 
 172 111. 213. 
 
 Bill and Note Brokers. Those who 
 
 negotiate the purchase and sale of bills of 
 exchange and promissory notes. 
 
 Exchange Brokers. Those who nego- 
 tiate bills of exchange drawn on foreign 
 countries, or on other places in this country. 
 
 Insurance Brokers. Those who pro- 
 cure insurance, and negotiate between in- 
 surers and insured. 
 
 Merchandise Brokers. Those who ne- 
 gotiate the sale of merchandise without 
 having possession or control of it, as fac- 
 tors have. 
 
 Pawnbrokers. Those who lend money 
 
 in small sums, on the security of personal 
 property, at usurious rates of interest. They 
 are licensed by the authorities, and except- 
 ed from the operation of the usury laws. 
 
 Real-Estate Brokers. Those who ne- 
 gotiate the sale or purchase of real prop- 
 erty. They are a numerous class, and, in 
 addition to the above duty, sometimes pro- 
 cure loans on mortgage security, collect 
 rents, and attend to the letting and leasing 
 of houses and lands. 
 
 Ship Brokers. Those who negotiate 
 
 the purchase and sale of ships, and the busi- 
 ness of freighting vessels. Like other bro- 
 kers, they receive a commission from the 
 seller, only. 
 
 Stock Brokers. Those employed to 
 buy and sell shares of stock in incorporated 
 companies, and the indebtedness of govern- 
 ments. These brokers have possession of 
 
BROSSUS 
 
 124 
 
 BULL 
 
 the certificates and other written evidences 
 of title. 
 
 BROSSUS. Bruised, or Injured with 
 blows, wounds or other casualty. Cowell. 
 
 BROTHEL. A bawdy house; a common 
 habitation of prostitutes. 
 
 BROTHER. He who is born from the 
 same father and mother with another, or 
 from one of them only. 
 
 Brothers are of the whole blood when they 
 are born of the same father and mother, 
 and of the half-blood when they are the is- 
 sue of one of them only. In the civil law, 
 when they are the children of the same 
 father and mother, they are called "broth- 
 ers germain;" when they descend from the 
 same father, but not the same mother, they 
 are "consanguine brothers;" when they are 
 the issue of the same mother, but not the 
 same father, they are "uterine brothers." 
 A "half-brother" is one who is born of the 
 same father or mother, but not of both; 
 one born of the same parents before they 
 were married, a "left-sided brother;" and 
 a bastard born of the same father or mother 
 is called a "natural brother." See "Blood;" 
 "Half-Blobd;" "Line;" Merlin, Repert. 
 Prere; Diet, de Jurisp. Frere; Code, 3. 28. 
 27; Nov. 84; praef.; Dane, Abr. Index. 
 
 BROTHER-IN-LAW. The brother of a 
 wife, or the husband of a sister. 
 
 There .is no relationship, in the former 
 case, between the husband and the brother- 
 in-law, nor in the latter, between the broth- 
 er and the husband of the sister; there is 
 only affinity between them. See Vaughan, 
 302, 329. 
 
 6RUARIUM, BRUERA, BRUERIA, or 
 bruerum. In old English law. A heath 
 ground; ground where heath grows. Spel- 
 man; Fleta, lib. 2, c. 71, § 7; Id. lib. 2, c. 41, 
 § 2; Id. lib. 4, c. 27, i 16. Bracton, fol. 
 229b, 231; Co. Litt. 4b; Reg. Orig. lb, 2. 
 
 BRUGBOTE. See "Brigbote." 
 
 BRUILLUS. A wood or grove; a thicket 
 or clump of trees in a park or forest. Jacob. 
 
 BRUISE. In medical jurisprudence. An 
 injury done with violence to the person, 
 without breaking the skin. It is nearly 
 synonymous with "contusion" (q. v.) 1 
 Chanc. Prac. 38. See 4 Car. & P. 381, 487, 
 558, 565. 
 
 BRUKBARN. In old Swedish law. The 
 child of a woman conceiving after a rape, 
 which was made legitimate. Literally, the 
 child of a struggle. Barr. Obs. St. 
 
 BRUTUM FULMEN. An empty noise; 
 an empty threat. 
 
 BUBBLE ACT. The name given to the 
 statute 6 Geo. I. c. 18, which was passed in 
 1719, and was intended "for restraining 
 
 several extravagant and unwarrantable 
 practices therein mentioned." See '2 P. 
 Wms. 219. 
 
 BUCKSTALL. A toil to take deer. 4 
 Inst. 306. 
 
 BUGGERY. Includes both "bestiality," 
 or carnal connection between a human be- 
 ing and a beast, and "sodomy," or carnal 
 connection between human beings against 
 the order of nature. 3 Inst. 58. 
 
 BUILDING. An edifice erected by art 
 and fixed upon or over the soil, composed 
 of stone, brick, marble, wood, or other prop- 
 er substance, connected together, and de- 
 signed for use in the position in which it 
 is so fixed. 
 
 Taken in its broadest sense, it can mean 
 only an erection intended for use and oc- 
 cupation as a habitation, or for some pur- 
 pose of trade, ornament, or use. 13 Gray 
 (Mass.) 312. 
 
 A bridge (11 Wis. 119), a floating dock (2 
 Vroom [N. J.] 477) , seats or platforms in a 
 park (55 Cal. 159; 39 Conn. 41) have been 
 held not to be buildings, while an unfinish- 
 ed house (L. R. 1 C. C. 338), a stable (94 I 
 111. 456), a church (10 Pa. 413) are build- 
 ings. 
 
 BUILDING AND LOAN ASSOCIATION. 
 An organization created for the purpose of 
 accumulating a fund by the monthly sub- 
 scriptions or savings of its members, to 
 assist them in building or purchasing for 
 themselves dwellings or real estate, by 
 loaning to them the requisite money from 
 the funds of the society upon good security. 
 173 III. 629. 
 
 The purpose of a building and loan asso- 
 ciation is to enable a number of associates 
 to combine and invest their savings to mu- 
 tual advantage, so that any individual 
 among them may receive out of the ac- 
 cumulations a sum by way of loan, where- 
 with to buy or build a house, mortgaging 
 it to the association as security for the 
 money borrowed, and ultimately making it 
 his own by paying oif the encumbrance out 
 of his subscription. 173 111. 629. 
 
 BUILDING LEASE. A lease of the soil 
 for the purpose of erecting buildings there- 
 on, usually for a long term. See "Ground 
 Rent." 
 
 BULK. Merchandise which is neither 
 counted, weighed, nor measured. 
 
 A sale by bulk is a sale of a quantity of 
 goods such as they are, without measuring, 
 counting, or weighing. Civ. Code La. art. 
 3522, note 6. 
 
 BULL. A letter from the pope of Rome, 
 written on parchment, to which is attached 
 a leaden seal impressed with the images of 
 Saint Peter and Saint Paul. 
 
BULLA 
 
 125 
 
 BURGAGE TENURE 
 
 There are three kinds of apostolical re- 
 scripts,— the "brief," the "signature," and 
 the "bull," which last is most commonly 
 used in legal matters. Bulls may be com- 
 pared to the edicts and letters patent of sec- 
 ular princes. When the bull grants a fa- 
 vor, the seal is attached by means of silken 
 strings; and when to direct execution to be 
 performed, with flax cords. Bulls are writr 
 ten in Latin, in a round and Gothic hand. 
 Ayliffe, Par, 132; Ayliffe, Pand. 21; Merlin, 
 Report. 
 
 BULLA (Lat.) A seal used by the Ro- 
 man emperors during the lower empire, and 
 which was of four kinds, — gold, silver, wax, 
 and lead. These are described by Spelman 
 in detail. 
 
 A letter, brief, or charter, sealed with 
 such a seal (literae bullatae). Spelman. 
 
 A brief, mandate, or bull of the pope, 
 having usually a leaden, but sometimes a 
 golden, seal. Spelman; Blount; Cowell; 
 Burrill. 
 
 BULLETIN. An official account of pub- 
 lic transactions on matters of importance. 
 In France, it is the registry of the laws. 
 
 BULLION. The term "bullion" is com- 
 monly applied to uncoined gold and silver, 
 in the mass or lump. 
 
 BULLION FUND. A deposit of public 
 money at the mint and its branches. The 
 object of this fund is to enable the mint to 
 make returns of coins to private depositors 
 of bullion without waiting until such bullion 
 is actually coined. If the bullion fund is 
 sufficiently large, depositors are paid as 
 soon as their bullion is melted and assayed, 
 and the value ascertained. It thus enables 
 the mint to have a stock of coin on hand to 
 pay depositors in advance. Such bullion 
 becomes the property of the government, 
 and, being subsequently coined, is available 
 as a means of prompt payment to other de- 
 positors. Act May 23, 1850 (9 U. S. St. at 
 Large, 436). 
 
 BUM-BAILIFF. A person employed to 
 dun one for a debt; the bailiff employed to 
 arrest a debtor. Black thinks it a vulgar 
 corruption of "bound-bailiff" (q. v.) Hall 
 says that, from the notion of a humming or 
 droning noise, the word "bum" was applied 
 to dunning for a debt. 
 
 BUNDA, BONDA, or BONNA. In old 
 English law. A bound, boundary, border, or 
 limit (terminus, limes). Spelman, voc. 
 "Bannum;" "Bonna." 4 Inst. 318; Bracton, 
 fol. 166b; 2 Crabb, Real Prop. 146; Reg. 
 Orig. 263b. 
 
 BUOY. A piece of wood, or an empty 
 barrel, or other thing, moored at a particu- 
 lar place, and floating on the water, to 
 show the place where it is shallow, to mark 
 the channel, or to indicate the danger there 
 is to navigation. 
 
 BURDEN OF PROOF. The duty of prov- 
 ing the facts in dispute on an issue raised 
 between the parties in a cause. See 16 N. 
 Y. 66; 1 Gray (Mass.) BOO; 6 Wheat. (U. 
 S.) 481. 
 
 Burden of proof is to be distinguished 
 from prima facie evidence or a prima facie 
 case. Generally, when the latter is shown, 
 the duty imposed upon the party having the 
 burden will be satisfied, but it is not neces- 
 sarily so. 6 Gush. (Mass.) 364; 11 Mete. 
 (Mass.) 460; 22 Ala. 20; 7 Blackf. (Ind.) 
 427; 1 Gray (Mass.) 61; 7 Boston Law Rep. 
 439. 
 
 BUREAU. The word "bureau," as ap- 
 plied to a division of an administrative 
 department, implies not only a division 
 where business is to be conducted under 
 certain rules and regulations, but includes 
 the operating force as well. People v. 
 Coffin, 202 111. App. 100. 
 
 BUREAUCRACY. A government by de- 
 partments, each under a chief; a word to 
 describe the system used in an invidious 
 sense. Wharton. 
 
 BURG, or BURGH. A term anciently ap- 
 plied to a castle or fortified place; a bor- 
 ough (q. V.) Spelman. 
 
 BURGAGE. A species of tenure, de- 
 scribed by old law 'writers as but tenure In 
 socage, where the king or other person 
 was lord of an ancient borough, in which 
 the tenements were held by a rent certain. 
 
 Such boroughs had, and still have, cer- 
 tain peculiar customs connected with the' 
 tenure, which distinguished it from the 
 ordinary socage tenure. These customs are 
 known by the name of "Borough English" 
 (q. -v), and they alter the law in respect 
 of descent, as well as of dower, and the 
 power of devising. By it the youngest son 
 inherits the lands of which his father died 
 seised. A widow, in some boroughs, has 
 dower in respect to all the tenements which 
 were her husband's; in others, she has a 
 moiety of her husband's lands so long as 
 she remains unmarried; and with respect to 
 devises, in some places, such lands only 
 can be devised as were acquired by pur- 
 chase; in others, estates can only be de- 
 vised for life. 2 Bl. Comm. 82; Glanv. bk. 
 7, c. 3; Litt. § 162; Cro. Car. 411; 1 Salk. 
 243; 2 Ld. Raym. 1024; 1 P. Wms. 63; 
 Fitzh. Nat. Brev. 150; Cro. Eliz. 415. 
 
 BURGAGE HOLDING. A tenure by which 
 lands in royal boroughs in Scotland were 
 held of the sovereign. The service was 
 watching and warding, and was done by 
 the burgesses within the territory of the 
 borough, whether expressed in the charter 
 or not. See 31 & 32 Vict. c. 101. 
 
 BURGAGE TENURE. In English law. A 
 tenure by which houses, or lands which 
 were formerly the site of houses, in ancient 
 
BURGATOR 
 
 126 
 
 BURKING, or BURKISM 
 
 boroughs, are held of the king, or other 
 lord of the borough, at a certain yearly 
 rent. Glanv. lib. 7, c. 3; Litt. §§ 162, 163; 
 Co. Litt. 108b; 2 Bl. Comm. 82; Blount; 1 
 Steph. Comm. 198; 1 Crabb, Real Prop. p. 
 693, i 749. 
 
 BURGATOR. One who breaks into houses 
 or inclosed places, as distinguished from 
 one who committed robbery in the open 
 country. Spelman, voc. "Burglaria." 
 
 BURGBOTE. A term applied, in the old 
 English law, to a contribution towards the 
 repair of castles or walls of defense, or of 
 a borough. 
 
 BURGENSES. In old English law. The 
 inhabitants of a borough. 
 
 BURGERISTH. A word used In Domes- 
 day, signifying a breach of the peace in a 
 town. Jacob. 
 
 BURGESS. A magistrate of a borough. 
 
 , Blount. An officer who discharges the same 
 
 duties for a borough that a mayor does for 
 
 a city. The word is used in this sense in 
 
 Pennsylvania. 
 
 An inhabitant of a town; a freeman; one 
 legally admitted as a member of a corpora- 
 tion. Spelman. A qualified voter. 3 Steph. 
 Comm. 192. A representative in parliament 
 of a town or borough. 1 Bl. Comm. 174. 
 
 BURGESS ROLL. A list of those en- 
 titled to new rights under the act of 5 & 6 
 Wm. IV. c. 74; 3 Steph. Comm. 192 et seq. 
 
 BURGH ENGLISH. 
 
 lish." 
 
 See "Borough Eng- 
 
 BURGH ENGLOYS. Borough English 
 (g. V.) Y. B. P. 1 Edw. III. 38. 
 
 BURGHBRECH, or BURGHBRECHE. A 
 fine imposed on the community of a town 
 for a breach of the peace, etc. 
 
 BURGHMAILS. Yearly payments to the 
 crown of Scotland, introduced by Malcolm 
 III., and resembling the English fee-farm 
 rents. Enc. Lond. 
 
 BURGHMOTE. In Saxon law. A court 
 of justice held twice a year, or oftener, in 
 a burg. All the thanes and free owners 
 above the rank of ceorls were bound to at- 
 tend without summons. The bishop or lord 
 held the court. Spence, Eq. .Tur. 
 
 BURGLAR. One who commits burglary 
 (q. V.) 
 
 BURGLARIOUSLY. In pleading. A tech- 
 nical word which must be introduced in- 
 to an indictment for burglary at common 
 law. No other word at common law will 
 answer the purpose, nor will any circum- 
 locution be sufficient. 4 Coke, 39; 5 Coke, 
 121; Cro. Eliz. 920; Bac. Abr. "Indictment" 
 (G, C). But there is this distinction: When 
 a statute punishes an offense, by its legal 
 
 designation, without enumerating the acts 
 which constitute it, then it is necessary to 
 use the terms which technically charge the 
 offense named, at common law. But this Is 
 not necessary when the statute describes 
 the whole offense, and the indictment 
 charges the crime in the words of the stat- 
 ute. Thus, an indictment which charges 
 the statute crime of burglary is sufficient, 
 without averring that the crime was com- 
 mitted "burglariously." 4 Mete. (Mass.) 
 357. 
 
 BURGLAR ITER. In old criminal plead- 
 ing. Burglariously. 
 
 BURGLARY. At common law, the break- 
 ing and entering the house of another in 
 the nighttime, with intent to commit a 
 felony therein, whether the felony be ac- 
 tually committed or not. Coke, 3d Inst. 63; 
 1 Hale, P. C. 549; 1 Hawk. P. C. c. 38, § 1; 
 4 Bl. Comm. 224; 2 East, P. C. c. 15, § 1, p. 
 484; 2 Russ. Crimes, 2; Rose. Crim. Ev. 
 252; 1 Coxe (N. J.) 441; 7 Mass. 247, 
 
 The elements of the offense are: 
 
 (1) The breaking (105 Mass. 588); but 
 a constructive breaking is sufficient (9 Ired, 
 [N. C] 463). See "Breaking." 
 
 (2) The entry. Ill Mass. 395. 
 
 (3) The building broken and entered 
 must be the dwelling house of another (43 
 Ala. 17) ; but an outstanding building with- 
 in the curtilage is regarded as part of the 
 dwelling (26 Ala. 45). 
 
 (4) Both breaking and entry must be in 
 the nighttime. 10 N. H. 105. 
 
 (5) And both must be with intent to 
 commit a felony in the house (12 N. H. 
 42) ; but the felony need not have been 
 committed (29 Ind. 80). 
 
 The offense has been enlarged by stat- 
 ute both as to the buildings broken into, 
 and as to the time of the breaking and 
 entry. 
 
 BURGOMASTER. In Germany, this is 
 the title of an officer who performs the du- 
 ties of a mayor. 
 
 BURGWHAR. A burgess (g. v.) 
 BURIAL. The act of interring the dead. 
 No burial is lawful unless made' in con- 
 formity with the local regulations; and 
 when a dead body has been found, it cannot 
 be lawfully buried until the coroner has 
 held an inquest over it. In England it is 
 the practice for coroners to issue warrants 
 to bury, after a view. The leaving unburied 
 the corpse of a person for whom the de- 
 fendant is bound to provide Christian bur- 
 ial, as a wife or child, is an indictable mis- 
 demeanor, if he is shown to have been of 
 ability to provide such burial. 2 Den. C. C. 
 325. 
 
 BURKING, or BURKISM. Committing 
 murder in order to sell the body for dissec- 
 tion. So called from the first perpetrator. 
 See 4 Redf. Sur. (N. Y.) 540. 
 
BURLAW 
 
 127 
 
 BUT 
 
 BURLAW (BYRLAW, or BIRLAW) 
 
 courts. In Scotch law. ^ Assemblages of 
 neighbors to elect burlaw men, or those 
 who were to act as rustic judges in deter- 
 mining disputes in their neighborhood. 
 Skene de Verb. Sign.; Bell, Diet. 
 
 BURLAWS, BIRLAWS, or BYRLAWS. 
 
 In Scotch law. Laws made by neighbors 
 elected by common consent in the birlaw 
 courts. Skene de Verb. Sign. 
 
 Laws made by husbandmen, etc., concern- 
 ing neighborhood {rusticorum leges) . Spel- 
 man, voc. "Bellagines," considers this word 
 essentially the same with "by-laws" (q. v.) 
 
 BURNING. See "Accident;" "Fire." 
 
 BURNING IN THE HAND. When a lay- 
 man was admitted to benefit of the clergy 
 he was burned in the hand, "in the brawn of 
 the left thumb," in order that he might not 
 claim the benefit twice. This practice was 
 finally abolished by St. 19 Geo. III. c. 74, 
 though before that time the burning was 
 often done with a cold iron. 12 Mod. 448; 
 4 Bl. Comm. 267 et seq. 
 
 BURROCHIUM. A burroch, dam, or 
 small wear over a river, where fish traps 
 are laid. Cowell. 
 
 BURROWMEALIS. A term in the Scotch 
 law, used to designate the rents paid into 
 the king's private treasury by the burgesses 
 or inhabitants of a borough. 
 
 BURSA, or BURSE. A purse. Spelman; 
 Bracton. fol. 84; Britt, c. 29. 
 
 BURSARIA. The bursery or exchequer 
 of collegiate and conventual bodies; or 
 the place of receiving and paying and 
 accounting by the bursarii, or bursers. A. 
 D. 1277. But the word "bursarii" did not 
 only signify the bursers of a convent or col- 
 lege, but formerly stipendiary scholars were 
 called by the name of "bursarii," as they 
 lived on the burse or fund, or public stock 
 of the university. At Paris, and among the 
 Cistercian monks, they were particularly 
 termed by this name. Jacob. 
 
 BURYING ALIVE. In English law. The 
 ancient punishment of sodomites, and those 
 who contracted with Jews. Fleta, lib. 1, 
 c. 27, § 3. 
 
 BURYING GROUND. A place appro- 
 priated for depositing the dead; a cemetery. 
 In Massachusetts, burying grounds cannot 
 be appropriated to roads without the con- 
 sent to the owners. Gen. St. Mass. 244. 
 
 BU8CARL, or BUT8ECARL. In Saxon 
 and old English law. Seamen or marines; 
 mUites iwMMei. Spelman. 
 
 BUSHEL. The Winchester bushel, es- 
 tablished by IS Wm. III. o. 5 (1701), was 
 made the standard of grain. A cylindrical 
 vessel, eighteen and a half inches in diame- 
 ter, and eight inches deep inside, contains 
 
 a bushel. The capacity is 2,145.42 cubic 
 inches. The bushel established by 5 & 6 
 Geo. IV. c. 74, is to contain 2,218.192 cubic 
 inches. This measure has been adopted in 
 many of the United States. In New York 
 the heaped bushel is allowed, containing 
 2,815 cubic inches. The exceptions, as far 
 as known, are Connecticut, where the bushel 
 holds 2,198 cubic inches; Kentucky, 2,150.66; 
 Indiana, Ohio, Mississippi, and Missouri, 
 where it contains 2,150.4 cubic inches. 
 Dane, Abr. c. 211, a. 12, § 4. See the whole 
 subject discussed in Report of the Secre- 
 tary of State of the United States to the 
 Senate, Feb. 22, 1821. 
 
 In accordance with a joint resolution of 
 congress, adopted in June, 1836, a uniform 
 scale of weights and measures has been 
 adopted in many states, by which the bushel 
 shall contain 2,150 cubic inches. See Dom. 
 Commerce Act N. Y. § 2. 
 
 It is further provided that, where any 
 commodity is sold by the bushel, and no 
 special agreement is made as to the mode 
 of measuring, the bushel shall consist of 70 
 pounds of lime; 60 pounds of wheat, peas, 
 potatoes, clover seed, or beans; 57 pounds 
 of onions; 56 pounds of Indian corn or rye; 
 55 pounds of flaxseed; 54 pounds of sweet 
 potatoes; 50 pounds of corn meal, rye meal, 
 or carrots; 48 pounds of barley, apples, or 
 buckwheat; 45 pounds of beard grass, tim- 
 othy seed, or rice; 33 pounds of dried 
 peaches; 32 pounds of oats; 25 pounds dried 
 apples; 20 pounds bran or shorts. Id. i 8. 
 
 BUSINESS. Occupation or employment. 
 178 111. App. 176. 
 
 The employment which occupies the time, 
 attention and labor. 37 111. App. 503. 
 
 BUSINESS CORPORATION. A stock cor- 
 poration other than insurance, banking, and 
 transportation corporations. Gen. Corp. Law 
 N. Y. § 2. 
 
 BUSINESS HOURS. The time of the day 
 during which business is transacted. In re- 
 spect to the time of presentment and de- 
 mand of bills and notes, business hours 
 generally range through the whole day 
 down to the hours of rest ih the evening, 
 except when the paper is payable at a 
 bank, or by a banker. 2 Hill (N. Y.) 835. 
 See 15 Me. 67; 17 Me. 230. 
 
 BUSONES. A word found only in Brac- 
 ton (folio 115b). From the context, it 
 means the principal persons of the county, 
 and is thought to have been synonymous 
 with "barons." 2 Reeve. Hist. Eng. Law, 
 2, note; Crabb, Hist. Eng. Law, 161. 
 
 BUSSA, or BU80IA. In old EngUsh law. 
 A ship of large size and clumsy construc- 
 tion. Spelman. 
 
 BUT. Except; unless; save; yet; still; 
 howBver; neyertheless. 281 111. 218. 
 
 The word "but," whether used as a con- 
 junction or a preposition, indicates excep- 
 tion. 251 111. 218. 
 
BUTLERAGE 
 
 128 
 
 BY-LAW MEN 
 
 As a conjunction, the word "but" is used 
 as a connective of sentences more or less 
 exceptive or adversative, marking opposi- 
 tion in passing from one thought to an- 
 other. 251 111. 218. 
 
 BUTLERAGE. A certain portion of ev- 
 ery cask of wine imported by an alien, 
 which the king's butler was allowed to take. 
 
 Called also "prisage." 2 Bulst. 254. An- 
 ciently, it might be taken also of wine im- 
 ported by a subject. 1 Bl. Comm. 315; 
 Termes de la Ley; Cowell. 
 
 BUTLER'S ORDINANCE. In English law. 
 A law for the heir to punish waste in the 
 life of the ancestor. "Though it be on rec- 
 ord in the parliament book of Edward I., 
 yet it never was a statute, nor ever so re- 
 ceived; but only some constitution of the 
 king's council, or lords in parliament, which 
 never obtained the strength or force of an 
 act of parliament." Hale, Hist. Com. Law, 
 18. 
 
 BUTT. A measure of capacity, equal to 
 one hundred and eight gallons. See "Meas- 
 ure." 
 
 BUTTALS. The bounding lines of land 
 at the end; abuttals. 
 
 BUTTED AND BOUNDED. A phrase 
 
 sometimes used in conveyancing, to denote 
 
 the boundaries of lands. See "Butts and 
 Bounds." 
 
 BUTTS. The ends or short pieces of ara- 
 ble lands left in ploughing. Cowell. 
 
 Butt also denotes a measure of land (Ja- 
 cob; Cowell), and a measure of quantity, 
 equals to one hundred and eight gallons. 
 See "Measure." 
 
 BUTTS AND BOUNDS. The lines bound- 
 ing an estate; the angles or points where 
 these lines change their direction. Cowell; 
 Spelman. 
 
 BUTTY. A local term In the north of 
 England, for the associate or deputy of an- 
 other; also of things used in common. 
 
 BUYING TITLES. The purchase of the 
 rights of a disseisee to lands of which a 
 third person has the possession. 
 
 BY, or BYE. A habitation. Co. Litt.; 18 
 App. Div. (N. y.) 142. 
 
 BY-BIDDING. Bidding on property of- 
 fered for sale at auction, by or in behalf 
 of the owner, for the mere purpose of rais- 
 ing the price, or inducing others to bid 
 higher. Sometimes called "pufHng." By- 
 bidding by the owner, or caused by the 
 owner, or ratified by him, has often been 
 held to be a fraud, and avoids the sale. 8 
 How. (U. S.) 153. 
 
 BY BILL, or BY BILL WITHOUT WRIT. 
 
 These terms were anciently applied to ac- 
 tions commenced by original bill, instead 
 
 of by original writ. 1 Archb. Pr. pp. 2, 337' 
 5 Hill (N. Y.) 213. They were later used 
 to denote actions commenced, by capias. 
 
 BY ESTIMATION. A term used In con- 
 veyances. In sales of land it not unfre- 
 quently occurs that the property is said 
 to contain a certain number of acres "by 
 estimation," or so many acres, "more or 
 less." When these expressions are used, if 
 the land fall short by a small quantity, the 
 purchaser will receive no relief. In one 
 case of this kind, the land fell short two- 
 fifths, and the purchaser received no re- 
 lief. 2 Freem. 106. See 1 Call. (Va.) 301; 
 4 Hen. & M. (Va.) 184; 6 Bin. (Pa.) 106; 
 1 Serg. & R. (Pa.) 166; 2 Johns. (N. Y.) 
 37; 5 Johns. (N. Y.) 508; 15 Johns. (N. Y.) 
 471; 3 Mass. 38,0; 5 Mass. 355; 1 Root 
 (Conn.) 528. The meaning of these words 
 has never been precisely ascertained by 
 judicial decision. See Sugd. Vend. 231-236; 
 Wolff, Inst. §658; and the cases cited un- 
 der the articles "Constitution;" "More or 
 Less;" "Subdivision." 
 
 BY GOD AND MY COUNTRY. In old 
 
 English criminal practice. The established 
 formula of reply by a prisoner, when ar- 
 raigned at the bar, to the question, "Cul- 
 prit, how wilt thou be tried?" Mr. Barring- 
 ton thinks the correct formula must origi- 
 nally have been, "By God or my country," 
 i. e., by ordeal (the judicium Dei), or by 
 jury, for the reason that the question asked 
 supposes an option in the prisoner, and 
 the answer is meant to assert his innocence 
 by declining neither sort of trial. Barr. 
 Obs. St. 84 note (i). But it is clear that, 
 in answering the question, the prisoner was 
 expected to select one particular mode of 
 trial, which the alternative expression con- 
 tended for would not amount to. That the 
 expression "By God" did not necessarily 
 and exclusively import the ordeal appears 
 from the form of issue in cases of trial 
 by the grand assize, which always was 
 that the party put himself "on God and on 
 the grand assize." See Britt. c. 48; Y. B. 
 T. 20 Hen. VI. 4. That every word of this 
 formula was deemed essential appears from 
 several cases on record, in which the pris- 
 oner's replies, "By God and my good coun- 
 try," "By God and honest men," were sev- 
 erally rejected, and he was compelled to 
 us© the precise words of the form. 1 How. 
 St. Tr. 1143; 3 How. St. Tr. 520; 6 How. 
 St. Tr. 75; 7 How. St. Tr. 831. On the 
 trial of John James for high treason (13 
 Car. II. 1661), and the prisoner requesting 
 an explanation of the form, the judge said 
 that "By God" meant "by the law of God," 
 and "by the country," twelve Middlesex 
 men of truth, that would judge impartially 
 between the king and him. 6 How. St 
 Tr. 75. 
 
 BY-LAW MEN. In an ancient deed, cer 
 tain parties are described as "yeomen and 
 
BY-LAWS 
 
 129 
 
 BY THE BYE 
 
 by-law men for this present year in Easin- 
 guold." 6 Q. B. 60. They appear to have 
 been men appointed for some purpose of 
 limite(i authority by the other inhabitants, 
 as the name would suggest, under by-laws 
 of the corporation appointing. 
 
 BY-LAWS. 
 
 In Old English Law. The ordinances 
 
 of a town or village. See "By." 
 
 In Modern Usage. Rules and ordi- 
 nances made by a corporation for its own 
 government. See 18 App. Div. (N. Y.) 
 142. Distinguished from resolution, see 
 "Resolution." 
 
 BY-ROAD. "There are three kinds of roads 
 known to our law: (1) Public roads; (2) 
 private roads; (3) by-roads. All these dif- 
 fer from a mere right of way. A by-road 
 
 is, as its name imports, an obscure or neigh- 
 borhood road in its earlier existence, not 
 used to any great extent by the public, yet 
 so far a public road that the public have 
 of right free access to it at all times." 34 
 N. J. Law, 89; 46 N. J. Law, 509. 
 
 BY THE BYE. In practice. Without pro- 
 cess. A declaration is said to be filed by 
 the bye when it is filed against a party al- 
 ready in the custody of the court under 
 process in another suit. This might have 
 been done, formerly, where the party was 
 under arrest, and technically in the custody 
 of the court; and even giving common bail 
 was a sufficient custody in the king's bench. 
 1 Sellon, Prac. 228; 1 Tidd. Prac. 419. It 
 is no longer allowed. Archb. New Prac. 
 293. 
 
130 
 
 CADERE 
 
 C. The third letter of the alphabet. It 
 was used on the ballots of Roman jurors to 
 denote condemnation, being the initial let- 
 ter of condemno. See "A." 
 
 "C" is sometimes used for "t" in old 
 records, as "tercia" for "tertia," and 
 "tocius" for "totius." Mag. Cart. 9 Hen. 
 III. c. 7. 
 
 C. A. V. An abbreviation for curia ad- 
 visari vult (<1- v.) 
 
 C. I. F. (Cost, insurance and freight.) 
 An expression which indicates that the 
 price fixed covers the cost of the goods and 
 insurance and freight on them to the place 
 of destination. Under such a contract, the 
 seller must ship the goods, arrange the 
 contract of affreightment to the place of 
 destination, pay its cost and allow it from 
 the purchase price, and procure insurance 
 for the buyer's benefit for the safe arrival 
 of the goods and pay therefor. When the 
 seller has done this, and forwarded the 
 papers to the buyer, he has fulfilled his 
 contract, and delivery is complete. 273 Fed. 
 475. 
 
 C. O. D. Collect on delivery.- The abbre- 
 viation has acquired an established meaning 
 (39 111. 312), but judicial notice will not 
 be taken thereof (55 N. Y. 200). 
 
 C. P. A. A certified public accountant. 
 
 C. T. A. Cum testamento annexo. A spe- 
 cies of administration (g. v.) 
 
 CABAL (Hebrew, cabala, tradition; or 
 Fr. cabale, intrigue) . 
 
 (1) A hidden or imaginary art practiced 
 by the Jews. 1 Hall. Lit. Hist. 205. The 
 Jews believed that Moses received in Sinai 
 not only the law, but also certain unwritten 
 principles of interpretation, called "cabala" 
 or "tradition," which were handed down 
 from father to son, and in which mysteri- 
 ous and fnagical powers were supposed to 
 reside. 
 
 (2) A junto or private meeting of small 
 parties. This name was given to that min- 
 istry in the reign of Charles II., formed by 
 Clifford, Ashley, Buckingham, Arlington, 
 and Lauderdale, who concerted for the res- 
 toration of Catholicism. 
 
 CABALLERIA. In Spanish law. A por- 
 tion of spoils taken or lands conquered in 
 a war, granted to a horse soldier. Diet. 
 Span. Acad.; 12 Pet. (U. S.) 444, note. 
 
 A quantity of land, varying in extent in 
 different provinces. In those parts of the 
 United States which formerly belonged to 
 Spain, it is a lot of one hundred feet front, 
 two hundred feet depth, and equivalent to 
 five peonias. 2 White, New Recop. 49; 12 
 Pet. (U. S.) 444, note; Escriche, Die. Raz. 
 
 CABALLERO (Spanish; from Latin ea- 
 ballus, a horse) . In Spanish law. A knight. 
 So called on account of its being more hon- 
 orable to go on horseback (a caballo) than 
 on any other beast. White, New Recop. bk 
 1, tit. 5, c. 3, § 3; Id. bk. 1, tit. 5, c. 1; 
 Id. bk. 4, tit. 10, c. 1, § 6. 
 
 CABINET. Certain officers who, taken 
 collectively, form a council or advisory 
 board; as the cabinet of the president of 
 the United States, which is composed of 
 the secretary of state, the secretary of the 
 treasury, the secretary of the interior, the 
 secretary of war, the secretary of the navy, 
 the secretary of agriculture, the attorney 
 general, the secretary of commerce, the sec- 
 retary of labor, and the postmaster general. 
 
 CABINET COUNCIL. A private and con- 
 fidential assembly of the most considerable 
 ministers of state, to concert measures for 
 the administration of public affairs; first 
 established by Charles I. Wharton. 
 
 CABLISH. In forest law. Brush-wood. 
 According to Spelman, windfallen wood. 
 Spelman, voc. "Cablicia." 
 
 CACHEPOLUS, or CACHERELLAS. Ad 
 inferior bailiff, or catchpoll. Jacob. 
 
 CACICAZGOS. In Spanish law. Lands 
 held in entail by the caciques in Indian vil- 
 lages in Spanish America. 
 
 CADASTRE. In Spanish law. The offi- 
 cial statement of the quantity and value of 
 real property in any district, made for the 
 purpose of justly apportioning the taxes 
 payable on such property. 12 Pet. (U. S.) 
 428, note; 3 Am. St. Papers, 679. 
 
 CADASTU. In French law. Same as ca- 
 dastre (q. V.) 
 
 CADERE (Lat.) To fall; to fail; to end; 
 to terminate. 
 
 The word was generally used to denote 
 the termination or failure of a writ, action, 
 complaint, or attempt; as, cadit actio, the 
 action fails, cadit assisa, the assise abates, 
 eadere causa, or a cawsa, to lose a cause. 
 Abate will translate eadere as often as any 
 other word; the general signification being, 
 as stated, to fail or ceasa Cadere ab actione 
 (literally, to fall from an action) , to f ailln 
 an action ; cadere in partem, to become sub- 
 ject to a division. 
 
 To become; to be changed to; caM assisa 
 in juratum, the assize has become a jury. 
 Calv. Lex.; Smith. 
 
CADI 
 
 131 
 
 CALL 
 
 CADI. A Turkish civil magistrate. 
 
 CADUCA. (Lat. cadere, to fall). In civil 
 law. An inheritance; an escheat; every- 
 thing which falls to the legal heir by de- 
 scent. 
 
 By some writers, bona eaduoa are said to 
 be tiiose to which no heir succeeds, equiva- 
 lent to escheats. Du Cange. 
 
 CAEDUA (Lat. from caedere, to cut). In 
 the civil and old common law. Kept for 
 cutting; intended or used to be cut. A term 
 applied to wood. Silva caedua est quae in 
 hoe habetur ut caederetur, sylva caedua is 
 that kind of wood which is kept for the pur- 
 pose of being cut. Dig. 50. 16. 30. Accord- 
 ing to Servius, it was that kind which, when 
 cut down, grew up again from the trunks 
 or roots. Id. See Dig. 7. 1. 10. 11; Id. 43. 
 24. 18. 
 
 CALEFAGIUM. 
 
 ly. Blount. 
 
 A right to take fuel year- 
 
 CAETERIS 
 ing equal. 
 
 PARIBUS. Other things be- 
 
 CAETERIS TACENTIBUS (Lat.) The 
 others being silent; the other judges ex- 
 pressing no opinion. Comb. 186. A phrase 
 in the old reports. 
 
 CAETERORUM (Lat.) Of the rest. 
 
 Administration granted as to the residue 
 of an estate, which cannot be administered 
 under the limited power already granted. 
 1 Williams, Ex'rs, 357; 2 Hagg. Ecc. 62; 4 
 Hagg. Ecc. 382, 386; 4 Man. & G. 398; 1 
 Curt. Ecc. 286. 
 
 It differs from administration de bonis 
 rum in this, that in caeterorum the full 
 power granted is exercised and exhausted, 
 while in the other the power is, for some 
 cause, not fully exercised. See "Adminis- 
 tration." 
 
 CAHIER (Ft.) In old French law. A list 
 of grievances prepared for deputies in the 
 states general. Steph. Lect. 254. A peti- 
 tion for the redress of grievances enumerat- 
 ed. Id. 257. 
 
 CAIRNS? ACT. So call from the so- 
 licitor general by whom it was introduced. 
 Act 21 & 22 Vict. c. 27, enabling the court 
 of chancery to award damages in addition 
 to, or in substitution for, an injunction or 
 - decree for specific performance. Per Jessel, 
 M. E., in 7 Ch. Div. 551. 
 
 CALCETUM (Law Lat.) In old English 
 law. A causeway. Reg. Orig. 154; Fleta, 
 lib. 2, c. 52, § 33. 
 
 CALE (Fr.) In old French law. A species 
 of punishment inflicted upon sailors, by 
 plunging into the water, and drawing up 
 again. Ord. Mar. liv. 2, tit. 1, art. 22. 
 The modern keel hauling. 
 
 CALENDAR. An almanac. 
 
 Julius Caesar ordained that the Roman 
 year should consist of three hundred and 
 sixty-five days, except every fourth year, 
 which should contain three hundred and 
 sixty-six, — ^the additional day to be reck- 
 oned by counting the 24th day of February 
 (which was the 6th of the calends of March ) 
 twice. See "Bissextile." This period of 
 time exceeds the solar year by eleven min- 
 utes, or thereabouts, which amounts to the 
 error of a day in about one hundred and 
 thirty-one years. In 1582 the error amount- 
 ed to eleven days or more, which was cor- 
 rected by Pope Gregory. Out of this cor- 
 rection grew the distinction between Old 
 and New Style. The Gregorian or New 
 Style was introduced into England in 1752; 
 the 2d day of September (O. S.) of that 
 year being reckoned as the 14th day of Sep- 
 tember (N. S.) 
 
 In Criminal Law. A list of prisoners, 
 
 containing their names, the time when they 
 were committed, and by whom, and the 
 cause of their commitments. 4 Bl. Comm. 
 403. 
 
 In Practice. A list of cases arranged 
 
 for trial or argument in court. 
 
 CALENDAR MONTH. A month as meas- 
 ured by the calendar, as distinguished from 
 a business month (thirty days), or a lunar 
 month (twenty-eight days). 
 
 CALENDS. Among the Romans, the first 
 day of every month, being spoken of by it- 
 self, or the very day of the new moon, which 
 usually happen together. And if pridie, the 
 day before, be added to it, then it is the last 
 day of the foregoing month, as pridie calend. 
 Septemb. is the last day of August. If any 
 number be placed with it, it signifies that 
 day in the former month which comes so 
 much before the month named, as the tenth 
 calends of October is the 20th day of Sep- 
 tember; for if one reckons backwards, be- 
 ginning at October, that 20th day of Sep- 
 tember makes the 10th day before October. 
 In March, May, July, and October, the 
 calends begin at the sixteenth day, but in 
 other months at the fourteenth; which 
 calends must ever bear the name of the 
 month following, and be numbered • back- 
 wards from the first day of the said fol- 
 lowing months. Jacob. See "Ides" for table 
 of calends, nones, and ides. 
 
 CALL. An official declaration by the prop- 
 er corporate authorities that the whole or 
 a specified part of the subscriptions to the 
 capital stock is required to be paid. 156 
 111. App. 519. 
 
 A call is an offer to sell property for 
 some stated delivery, which, in considera- 
 tion of a certain amount of money paid, 
 
CALLING THE JURY 
 
 182 
 
 CAMERA 
 
 is left open a certain length of time. 126 
 111. App. 186. 
 
 The word "call," as used by those dealing 
 in commodities for future delivery, is the 
 privilege of calling for or not calling for 
 the thing bought. 160 111. 97. 
 
 In Conveyancing. The designation In 
 
 a survey of landmarks, courses, or dis- 
 tances is denominated a "call." 
 
 In Corporation Law. A demand or as- 
 sessment by the corporation on the stock- 
 holders due on their stock for the purposes 
 of the corporation. 
 
 In the Parlance of Stock and Grain 
 
 Exchanges. An option to purchase stock or 
 grain from another on a certain day at a 
 given price. The opposite transaction to a 
 "put" (q. V.) 
 
 CALLING THE JURY. The calling In 
 court of the names on the jury list when a 
 jury is to be selected and impanelled. 
 
 CALLING THE PLAINTIFF. A formal 
 method of causing a nonsuit to be entered, 
 the plaintiff absenting himself from the 
 courtroom, and the case being dismissed 
 for his nonappearance after he has been 
 called by the crier, 
 
 CALLING TO THE BAR. Conferring the 
 degree or dignity of barrister upon a mem- 
 ber of the Inns of Court. Holthouse. 
 
 CALPE, or CAUPE. In old Scotch law. 
 A gift of a horse, or other thing, made by a 
 man in his lifetime and liege poustie (law- 
 ful power) , to the chief of his clan or other 
 superior, for his maintenance and protec- 
 tion, and which was delivered immediately 
 after his decease. Skene de Verb. Sign, 
 voc. "Caupes." A species of heregeld 
 (q. V.) 
 
 CALUIVINIA (Lat.) In the civil law. Cal- 
 umny, malice, or ill design; a false accusa- 
 tion; a malicious prosecution. Inst. 4. 16. 
 1, Cooper's Notes; Dig. 3. 6; Code, 9. 46. 
 
 CALUIVINIA, or CALUIVIPNIA (Law Lat.) 
 
 In Old English Law and Practice. A 
 
 claim or demand (vindicatio; law Lat. 
 clameus). Spelman. The demand of a 
 right in anything (juris in re aliqua postu- 
 latio) . Id. 
 
 A challenge. Spelman; Reg. Orig. 223, 
 224; Co. Litt. 155b; Crabb, Hist. Eng. Law, 
 299. 
 
 In Feudal Law. An objection. Feud. 
 
 lib. 2, tit. 1. 
 
 CALUMNIAE JURAiMENTUM. See "Ca- 
 lumniae Jusjurandum." 
 
 CALUMNIAE JUSJURANDUM (Lat.) The 
 oath against calumny. 
 
 Both parties at the beginning of a suit, in 
 certain cases, were obliged to take an oath 
 
 that the suit was commenced in good faith, 
 and in a firm belief that they had a good 
 cause. Bell, Diet. The object was to prevent 
 vexatious and unnecessary suits. It was 
 especially used in divorce cases, though of 
 little practical utility. Bish. Mar. & Div. 
 § 353. A somewhat similar provision is to 
 be found in the requirement made in some 
 states that the defendant shall file an affi- 
 davit of merits. 
 
 CALUMNIATORS. In civil law. Persons 
 who accuse others, whom they know to be 
 innocent, of having committed crimes. 
 
 CALUMNY. Defamation. In old practice. 
 The unjust prosecution or defense of a suit. 
 See 30 Ohio St. 117. 
 
 CAMARA. In Spanish law. A treasury. 
 Las Partidas, pt. 6, tit. 3, lib. 2. 
 
 The exchequer. White, New Recop. bk. 3, 
 tit. 8, c. 1. 
 
 CAMBELLANUS, or CAMBELLARIUS 
 (Lat.) In old law. A chamberlain. Spel- 
 
 CAMBIATOR. In old English law. An ex- 
 changer. Cambiatores monetae, exchangers 
 of money; money changers. Fleta, lib. 1, c. 
 22, § 7. 
 
 CAM BIO. Blxchange. 
 
 CAMBIPARTIA. Champerty. 
 
 CAMBIPARTICEPS. A champertor. 
 
 CAMBIST. A person skilled in exchange; 
 one who deals or trades in promissory notes 
 or bills of exchange; a broker. 
 
 CAMBIUM. Change; exchange. Applied 
 in the civil law to exchange of lands, as well 
 as of money or debts. Du Cange. 
 
 Cambium reale or manuale was the term 
 generally used to denote the technical com- 
 mon-law exchange of lands ; cambium locale, 
 mercantile, or trajectitium, was used to desig- 
 nate the modern mercantile contract of ex- 
 change, whereby a man agrees, in considera- 
 tion of a sum of money paid him in one 
 place, to pay a like sum in another place. 
 Poth. de Change, note 12; Story, Bills, I 2 
 et seq. 
 
 CAMERA (Law Lat.; Lat. camera, a vault 
 or arched roof; an upper gallery; Spanish, 
 camara) . 
 
 In Did European Law, A chamber; 
 
 an apartment in a dwelling house. 
 
 A treasure chamber, or treasury; a cham- 
 ber with a vaulted roof, for the keeping of 
 the public treasure. 
 
 A private treasury; a place for keeping 
 private funds or moneys; a coffer; personal 
 funds, as distinguished from land. 
 
CAMERA REGIS 
 
 133 
 
 CANDIDATE 
 
 —In Old English Practice. A judge's 
 chamber. Dyer, 69b. (Fr. Ed.) ; Id. 140b. 
 
 CAMERA REGIS (Lat. the chambers of 
 the king). A term formerly applied es- 
 pecially to harbors, and generally to all the 
 harbors or ports of the kingdom. Cowell. 
 
 CAMERA SCACCARII. The exchequer 
 chamber. Spelman. 
 
 CAMERA STELLATA. The star cham- 
 ber. 
 
 CAMERALISTICS. The science of finance 
 or public revenue, comprehending the means 
 of raising and disposing of it. Wharton. 
 
 CAMERARIUS. A chamberlain; a keeper 
 of the pubic money; a treasurer. Spelman, 
 voe. "Cambellarius;" 1 Per. & D. 243. 
 
 CAM I NO. In Spanish law. A road or 
 highway. Las Partidas, pt. 3, tit. 2, lib. 6. 
 
 CAMPANA. 
 Spelman. 
 
 In old European law. A bell. 
 
 CAMPANA BAJULA. A small hand bell 
 used in the ceremonies of the Roman Cath- 
 olic church, and, among Protestants, by sex- 
 tons, parish clerks, and criers. Cowell. 
 
 CAMPANARIUM, or CAMPANILE. A 
 belfry, bell tower or steeple; a place where 
 bells are hung. Spelman; Towns. PI. 191, 
 213. 
 
 CAMPARTUM. A part or portion of a 
 larger field or ground, which would other- 
 wise be in gross or in common; champerty. 
 
 CAMPBELL'S ACT. The popular name 
 for Act 9 & 10 Vict. c. 93, by which (as 
 amended by St. 27 & 28 Vict. c. 115) an ac- 
 tion for damages is given for the benefit of 
 the ■<7ife, husband, parent, grandparent, 
 stepparent, child, grandchild and stepchild 
 of a person whose death has been caused 
 .by a wrongful act, neglect, or default for 
 which he himself could, if death had not 
 ensued, have recovered damages from the 
 wrongdoer. Underh. Torts, 143; Campb. 
 Neg. 20. Similar statutes of recent enact- 
 ment exist in nearly all of the states, some 
 of which permit the personal representa- 
 tives of the person killed to sue. 
 
 CAMPERS, or CAMPIPARS (Law Lat; 
 Fr. champert). In old English statutes. A 
 share or division of land, or other thing; 
 champerty. 
 
 CAMPERTUM. A cornfield; a field of 
 grain. Cowell; Whishaw. 
 
 CAMPFIGHT. In old English law. The 
 fighting of two champions or combatants 
 in the field (campus) ; the judicial combat, 
 or dwellum. 8 Inst. 221. 
 
 CAMPUS (Lat. a field). A share or di- 
 vision of land; a division of that which 
 would otherwise be in gross; champerty. 
 Blount; Cowell. 
 
 CAMPUS MAM (Law Lat.) The field of 
 May. An anniversary assembly of the Sax- 
 ons, held on May Day, when they confederat- 
 ed for the defense of the kingdom against 
 all its enemies. Wharton. 
 
 CAMPUS MARTII (Law Lat.) The field 
 of March. A national assemblage of the 
 Franks held in that month. 
 
 CANAL. An artificial cut or trench In 
 the earth, for conducting and confining wa- 
 ter to be used for transportation. 
 
 CANCELLARIO. Chancery; the court of 
 chancery. Curia cancellaria is also used in 
 the saine sense. See 4 Bl. Comm. 46; Cowell. 
 
 CANCELLARIUS (Law Lat.) A chancel- 
 lor anciently so called from the cancelli 
 (lattices, or latticed inclosure) within which 
 he perfprmed his office. Cassiodorus Variar. 
 lib. 11, form 6; Spelman, voc. "Cancel- 
 larius." 
 
 A janitor, or one who stood at the door of 
 the court, and was accustomed to carry out 
 the commands of the judges; so called from 
 his position as keeper of the gate or lattice. 
 A scribe; a notary. Du Cange. 
 
 CANCELLATION. The act of crossing 
 out a writing; the manual operation of 
 tearing or destroying a written instrument. 
 1 Eq. Cas. Abr. 409; Roberts, Wills, 367, 
 note. 
 
 Revocation or annulment of an instru- 
 ment in any manner. See 58 Pa. St. 238. 
 
 CANCELLATURA. In old English law. A 
 cancelling. Bracton, 398b; Fleta, lib. 6, c. 
 34, § 5. 
 
 CANCELLI. The rails or balusters in- 
 closing the bar of a court of justice or the 
 communion table; also the lines drawn on 
 the face of a will or other writing, with the 
 intention of revoking or annuling it. Whar- 
 ton. 
 
 CANDIDATE (Lat. candidus, white). Said 
 to be from the custom of Roman candidates 
 to clothe themselves in a white tunic. 
 
 One who offers himself for an office. One 
 must offer himself either directly, or by 
 consenting to the presentation of his name 
 by others to be a candidate. 2 Maule & S. 
 212. 
 
CANDLEMAS DAY 
 
 134 
 
 CANTRED 
 
 It has been held to include persons seek' 
 ing a nomination for office. 112 Pa. St. 624. 
 
 CANDLEMAS DAY. A festival appointed 
 by the church to be observed on the second 
 day of February in every year, in honor of 
 the purification of the Virgin Mary, being 
 forty days after her miraculous delivery. 
 Candles are consecrated on this day for the 
 service of the ensuing year. It is the fourth 
 of the four cross quarter days of the year. 
 Wharton. 
 
 CANFARA. A trial by hot iron, formerly 
 in use in England. Jacob. 
 
 CANON. 
 
 (1) A prebendary, or member of a chap- 
 ter of the Church of England. All mem- 
 bers of chapters except deans are now to be 
 entitled "canons," in England. 3 Steph. 
 Comm. 67, note; 1 Bl. Comm. 382. 
 
 (2) A rule, maxim, or precept of law, as 
 the "canons of construction," or the "'canons 
 of descent." Most commonly a rule of ec- 
 clesiastical law. See "Canon Law." 
 
 (3) In Spanish law. The annual charge 
 or rent paid on recognition of the dominium 
 utile by holder thereof. 15 Cal. 556. 
 
 CANON LAW. A body of ecclesiastical 
 law, which originated in the church of Rome, 
 relating to matters of which that church has 
 or claims jurisdiction. 
 
 A canon is a rule of doctrine or of dis- 
 cipline, and is the term generally applied 
 to designate the ordinances of councils and 
 decrees of popes. The position which the 
 canon law obtains beyond the papal domin- 
 ions depends on the extent to which It is 
 sanctioned or permitted by the government 
 of each country; and hence the system of 
 canon law as it is administered in different 
 countries varies somewhat. 
 
 Though this system of law is of primary 
 importance in Catholic countries alone, it 
 still maintains great influence and transmits 
 many of its peculiar regulations down 
 through the jurisprudence of Protestant 
 countries which were formerly Catholic. 
 Thus, the canon law has been a distinct 
 branch of the profession in the ecclesiastical 
 courts of England for several centuries ; but 
 the recent modifications of the jurisdiction 
 of those courts have done much to reduce its 
 independent importance. 
 
 The Corpus Juris Canonici is drawn from 
 various sources,— the opinions of the an- 
 cient fathers of the church, the decrees of 
 councils, and the decretal epistles and bulls 
 of the holy see, together with the maxims 
 of the civil law and the teachings of the 
 Scriptures. These sources were first drawn 
 upon for a regular ecclesiastical system 
 about the time of Pope Alexander III., in 
 the middle of the twelfth century, when 
 one Gratian, an Italian monk, animated by 
 
 the discovery of Justinian's Pandects, col- 
 lected the ecclesiastical constitutions also 
 into some method in three books, which he 
 entitled Concordia Discordantium Canonum. 
 These are generally known as Decretvm, 
 Gratiani. 
 
 The subsequent papal decrees to the time 
 of the pontificate of Gregory IX. were col- 
 lected in much the same method, under the 
 auspices of that pope, about the year 1230, 
 in five books, entitled Decretalia Gregorii 
 Noni. A sixth book was added by Boniface 
 VIII., about the year 1298, which is called 
 Sextus Decretalium. The Clementine Con- 
 stitution, or decrees of Clement V., were in 
 like manner authenticated in 1317 by his 
 successor, John XXII., who also published 
 twenty constitutions of his own, called the 
 Extravangantes Joannis, so called because 
 they were in addition to, or beyond the 
 boundary of, the former collections, as the 
 additions to the civil law were called Nov- 
 els. To these have since been added some 
 decrees of later popes, down to the time of 
 Sixtus IV., in five books, called Extravan- 
 gantes Communes. And all these together — 
 Gratian's Decrees, Gregory's Decretals, the 
 Sixth Decretals, the Clementine Constitu- 
 tions, and the Extravagants of John and 
 his successors — form the Corpus Juris 
 Canonici, or body of the Roman law. 1 Bl. 
 Comm. 82; Encyclopedie, Dr. Canon. Dr. 
 Pub. Ecc; Diet, de Jur. Dr. Canon.; Ersk. 
 Inst. bk. 1, tit. 1, § 10. 
 
 CANON RELIGIOSORUM (Lat.) In 
 ecclesiastical records. A book wherein the 
 religious of every greater convent had a 
 fair transcript of the rules of their order, 
 frequently read among them as their local 
 statutes. Kennett; Cowell, 
 
 CANONICUS (Law Lat.) A canon. 
 
 CANONRY. An ecclesiastical benefice at- 
 taching to the office qf canon. Holthouse. 
 
 CANONS OF INHERITANCE, or CANONS 
 of descent. The legal rules hy which In- 
 heritances are regulated, and according to 
 which estates are transmitted by descent 
 from the ancestor to the heir. 2 Bl. Comm. 
 208; 1 Steph. Comm. 359. 
 
 CANT. In the civil law. A judicial sale 
 at the request of tenants in common for 
 the purpose of dividing the property. See 
 9 Mart. (La.) 87. 
 
 CANT EL (Law Lat. eantellum velut quaro- 
 tillum). In old English law. That which 
 is added above measure; heaped measure. 
 Spelman; Blount. 
 
 CANTRED. A hundred; a district con- 
 taining a hundred villages. Used in Wales 
 
CANUM 
 
 135 
 
 CAPIAS AD RESPONDENDUM 
 
 in the same sense as "hundred" in England. 
 Cowell; Termes de la Ley. 
 
 CANUM (Law Lat. from Celt, can, chart, 
 or kmn, a head). In old Scotch law. A 
 tribute or duty paid by the tenant of land 
 to the lord, especially to ecclesiastical su- 
 periors. According to Skene, it was pay- 
 able either in the produce of the land, or in 
 money. Skene de Verb. Sign. But it seems 
 to have been generally paid in produce, 
 such as wheat, oats, poultry, etc. The 
 Scotch word was cane or kain; and the ex- 
 pressions "cane fowls," "cane cheese," 
 "cane oats" are frequently made use of. 
 See "Kain." 
 
 CANVASS. The act of examining the re- 
 turns of votes for a public officer, 
 
 CAP OF MAINTENANCE. One of the re- 
 galia or ornaments of state belonging to 
 the sovereigns of England, before whom it 
 is carried at the coronation and other great 
 solemnities. Caps of maintenance are also 
 carried before the mayors of several cities 
 in England. Enc. Lend. 
 
 CAPACITY. Ability, power, qualification, 
 or competency of persons, natural or artifi- 
 cial. 2 Comyn. Dig. 294; Dane, Abr. 
 
 (1) Natural power or competency to per- 
 form an act, as capacity to contract, capac- 
 ity to commit crime. 
 
 (2) Official, or representative power or 
 character. As to when one is acting in an 
 official, and not a personal capacity, see 3 
 Story (U. S.) 87; 6 Robt. (N. Y.) 502. 
 
 The word "capacity" does not include 
 "experience." 234 111. 623; 227 111. 442. 
 
 CAPAX DO LI (Lat. capable of commit- 
 ting crime). The condition of one who has 
 sufficient mind and understanding to be 
 made responsible for his actions. 
 
 CAPAX NEGOTII. Capacity to contract. 
 
 CAPE. A judicial writ touching a plea 
 of lands and tenements. The writs which 
 bear this name are of two kinds, namely, 
 cape magnum, or grand cape, and cape par- 
 vum, or petit cape. The petit cape is so 
 called, not so much on account of the small- 
 ness of the writ as of the letter. Fleta, lib. 
 6, c. 55, § 40. For the difference between 
 the form and the use of these writs, see 2 
 Wm. Saund. 45c, 46d; Fleta, lib. 6, c. 55, 
 § 40. 
 
 A neck or narrow point of land extend- 
 ing some distance into a body of water. 
 
 In certain localities in the northern part 
 of England, the word "cape" means the 
 coping of a wall, and also ears of corn 
 broken off in threshing. 
 
 The word "cape" is sometimes employed 
 as descriptive of a kind of wine made at 
 the Cape of Good Hope. 
 
 A garment or part of a garment used 
 for covering the shoulders of the wearer. 
 175 111. 222. 
 
 CAPE AD VALENTIAM. A species of 
 cape magnum. See "Cape." 
 
 CAPELLA. 
 
 In Old Records. A box, cabinet, or re- 
 pository in which were preserved the relics 
 of martyrs. Spelman. A small building in 
 which relics were preserved; an oratory or 
 chapel. Id. 
 
 In Old English Law. A chapel. Fleta, 
 
 lib. 5, c. 12, § 1; Spelman; Cowell. 
 
 CAPERS. Vessels of war owned by pri- 
 vate persons, and different from ordinary 
 privateers only in size, being smaller. 
 Beawes, Lex. Merc. 230. 
 
 CAPIAS (Lat. capere to take; capias, that 
 you take). A writ directing the sheriff to 
 take the person of the defendant into cus- 
 tody. 
 
 It is a judicial writ, and issued originally 
 only to enforce compliance with the sum- 
 mons of an original writ, or with some 
 judgment or decree of the court. It was 
 originally issuable as a part of the original 
 process in a suit only in case of injuries 
 committed by force or with fraud, but was 
 much extended by statutes. Being the first 
 word of distinctive significance in the writ, 
 when writs were framed in Latin, it came 
 to denote the whole class of writs by which 
 a defendant's person was to be arrested. It 
 was issuable either by the court of com- 
 mon pleas or king's bench, and bore the seal 
 of the court. 
 
 CAPIAS AD AUDIENDUM JUDICIUM. A 
 writ issued, in a case of misdemeanor, af- 
 ter the defendant has appeared and is found 
 guilty, to bring him to judgment if he is 
 not present when called. 4 Sharswood, Bl. 
 Comm. 368. 
 
 CAPIAS AD COMPUTANDUM. A writ 
 which issued in the action of account ren- 
 der upon the judgment quod computet, when 
 the defendant refused to appear in his 
 proper person before the auditors and en- 
 ter into his account. 
 
 According to the ancient practice, the 
 defendant might, after arrest upon this 
 process, be delivered on mainprize, or, in 
 default of finding mainpernors, was com- 
 mitted to the Fleet prison, where the audi- 
 tors attended upon him to hear and receive 
 his account. The writ is now disused. 
 
 CAPIAS AD RESPONDENDUM. A writ 
 commanding the sheriff to take the body 
 of the defendant, if he may be found in 
 his bailiwick or county, and him safely 
 keep, so that he may have him in court 
 on the day of the return to answer to the 
 plaintiff of a plea of debt, trespass, etc., as 
 the case may be. 97 111. 236. 
 
CAPIAS AD SATISFACIENDUM 
 
 136 
 
 CAPITA 
 
 This is the writ of capias which is gener- 
 ally intended by the use of the word capias, 
 and was formerly a writ of great impor- 
 tance. For some account of its use and 
 value, see "Arrest;" "Bail." 
 
 According to the course of the practice 
 at common law, the writ bears teste, in the 
 name of the chief justice, or presiding 
 judge of the court, on some day in term 
 time, when the judge is supposed to be pres- 
 ent, not being Sunday, and is made return- 
 able on a regular return day. 
 
 If the writ has been served, and the de- 
 fendant does not give bail, but remains in 
 custody, it is returned C. C. (cepi corpus) ; 
 if he have given bail, it is returned C. C. 
 B. B. (cepi corpus, bail bond) ; if the de- 
 fendant's appearance has been accepted, 
 the return is, "C. C, and defendant's ap- 
 pearance accepted." See 1 Archb. Prac. 67. 
 
 CAPIAS AD SATISFACIENDUM. A judi- 
 cial writ of execution, which issues out on 
 the record of a judgment by which the 
 sheriff is commanded to take the body of 
 the defendant in execution, and him safely 
 to keep, so that he have his body in court 
 at the return of the writ to satisfy the 
 plaintiff his debt and damages. 97 111. 236. 
 
 It is a writ of execution issued after 
 judgment, and might have been issued 
 against a plaintiff against whom judgment 
 was obtained for costs, as well as against 
 the defendant in a personal action. As a 
 rule at common law, it lay in all cases 
 where a capias ad respondendum lay as a 
 part of the mesne process. Some classes of 
 persons were, however, exempt from arrest 
 on mesne process who were liable to it on 
 final. It was a very common form of execu- 
 tion until within a few years, in many of 
 the states, but its efficiency has been de- 
 stroyed' by statutes facilitating the dis- 
 charge of the debtor in some states, and by 
 statutes prohibiting its issue in others, ex- 
 cept in specified cases. See "Arrest;" "Priv- 
 ilege." It is commonly known by the ab- 
 breviation ca. sa. 
 
 CAPIAS EXTENDI FACIAS. A writ of 
 execution issuable in England against a 
 debtor to the crown, which commands the 
 sheriff to "take" or arrest the body, and 
 "cause to be extended" the lands and goods 
 of the debtor. Man. Exch. Prac, 5. It 
 seems to be practically obsolete. 
 
 CAPIAS IN WITHERNAM. A writ di- 
 recting the sheriff to take other goods of a 
 distrainor equal in value to a distress which 
 he has formerly taken and still withholds 
 from the owner beyond the reach of pro- 
 cess. 
 
 When chattels taken by distress were de- 
 cided to have been wrongfully taken, and 
 were by the distrainor eloigned, that is, 
 carried out of the county Or concealed, the 
 sheriff made such a return. Thereupon this 
 writ issued, thus putting distress against 
 distress. 
 
 Goods taken in withernam are irreplevi- 
 able till the original distress be forthcom- 
 ing. 3 Bl. Comm. 148. 
 
 CAPIAS PRO FINE. A writ which Issuefl 
 against a defendant who had been lined, 
 and did not discharge the fine according to 
 the judgment. 
 
 The object of the writ was to arrest a de- 
 fendant against whom a plaintiff had ob- 
 tained judgment, and detain him until he 
 paid to the king the fine for the public mis- 
 demeanor, coupled with the remedy for the 
 private injury sustained, in all cases of 
 forcible torts (11 Coke, 43; 5 Mod. 285), 
 falsehood in denying one's own deed (Co. 
 Litt. 131; 8 Coke, 60), unjustly claiming 
 property in replevin, or contempt by dis- 
 obeying the command of the king's writ, 
 or the express prohibition of any statute (8 
 Coke, 60). It is now abolished. 2 Shars- 
 wood, Bl. Comm. 398. 
 
 CAPIAS UTLIGATUM. A writ directing 
 the arrest of an outlaw. 
 
 If general, it directs the sheriff to arrest 
 the outlaw, and bring him before the court 
 on a general return day. 
 _ If special, it directs the sheriff, in addi- 
 tion, to take possession of the goods and 
 chattels of the outlaw, summoning a jury 
 to determine their value. 
 
 It was a part of the process subsequent 
 to the capias, and was issued to compel an 
 appearance where the defendant had ab- 
 sconded, and a capias could not be served 
 upon him. The outlawry was readily re- 
 versed upon any plausible pretext, upon 
 appearance of a party in person or by at- 
 torney, as the object of the writ was then 
 satisfied. The, writ issued after an outlawry 
 in a criminal as well as in a civil case. 
 See 3 Sharswood, Bl. Comm. 284; 4 Bl. 
 Comm. 320. 
 
 CAPIATUR PRO FINE. Let him be taken 
 for the fine. In English practice. A clause 
 inserted at the end of old judgment records 
 in actions of debt, where the defendant de- 
 nied his deed, and it was found against 
 him upon his false plea, and the jury were 
 troubled with the trial of it. Cro. Jac. 64. 
 
 CAPITA (Lat.) By heads. An expression 
 of frequent occurrence in laws regulating 
 the distribution of the estates of persons 
 dying intestate. When all the persons en- 
 titled to shares in the distribution are of 
 the same degree of kindred to the deceased 
 person (e. g., when all are grandchildren), 
 and claim directly from him in their own 
 right, and not through an intermediate re- 
 lation, they take per capita, that is, equal 
 shares, or share and share alike. But when 
 they are of different degrees of kindred 
 (e. g., some the children, others the grand- 
 children or the great-grandchildren, of the 
 deceased) , those more remote take per stir- 
 pern, or per stirpes, that is, they take re- 
 spectively the shares their parents (or other 
 
CAPITAL 
 
 137 
 
 CAPITAS DEMINUTIO 
 
 relation standing in the same degree with 
 them of the surviving kindred entitled, who 
 are in the nearest degree of kindred to the 
 intestate) would have taken had they re- 
 spectively survived the intestate. Reeve, 
 Descent, Introd. xxvii. Also, 1 Rop. Leg. 
 126, 130. See "Per Capita;" "Per Stirpes;" 
 "Stirpes." 
 
 CAPITAL. 
 
 (1) The amount of money invested in a 
 business; the fund dedicated to a business 
 to support its credit, to provide for contin- 
 gencies, to suffer diminution from losses, 
 and to derive accretion from gains and 
 profits. 30 Fed. 410. 
 
 As used in the revenue act it does not in- 
 clude money temporarily borrowed. 21 
 Wall. (U. S.) 284. 
 
 (2) "The actual estate, whether in money 
 or property, which is owned by an individ- 
 ual or a corporation. In reference to a 
 corporation it is the aggregate of the sum 
 subscribed and paid in by the shareholders, 
 with the addition of all gains or profits 
 realized in the use or investment of those 
 sums." 23 N. Y. 219. 
 
 (3) Affecting human life. See "Capital 
 Crime;" "Capital Punishment." 
 
 CAPITAL CRIME. One for which the 
 punishment of death is inflicted. 
 
 CAPITAL PUNISHMENT. The punish- 
 ment of death. 
 
 CAPITAL STOCK. The sum, divided into 
 shares, which is raised by mutual subscrip- 
 tion of the members of a corporation. It is 
 said to be the sum upon which calls may be 
 made upon the stockholders, and dividends 
 are to be paid. 1 Sandf. Ch. (N. Y.) 280; 
 Walford, Rys. 252; 4 Zab. (N. J.) 195; 
 Angell & A. Corp. §§ 151, 556. 
 
 "The sums due by virtue of the subscrip- 
 tions or collected from the subscribers, and 
 invested for the benefit of the corporation." 
 30 Conn. 290. 
 
 It is never used to indicate the value of 
 the property of the corporation. 3 Zab. (N. 
 J.) 195. 
 
 The phrase is used as synonymous with 
 "Capital." 23 N. Y. 222. 
 
 It is to be distinguished from "stock," 
 which is the shareholder's individual inter- 
 est in the capital stock. 9 Yerg. (Tenn.) 
 490. 
 
 CAPITALE. A thing which is stolen, or 
 the value of . it. Blount. 
 
 A beast or other animal considered as 
 property; hence, according to Spelman, the 
 term "chattel." 
 
 CAPITALE VIVENS. Live cattle. Blount. 
 
 CAPITALIS. In old English law. Chief, 
 principal; at the head. A term applied to 
 persons, places, judicial proceedings, and 
 some kinds of property. 
 
 CAPITALIS BARO. In old English law. 
 Chief baron. Capitalis baro scaccarii domi- 
 ni regis, chief baron of the exchequer. 
 Towns. PI. 211. 
 
 CAPITALIS CUSTOS. Chief warden or 
 magistrate; mayor. Pleta, lib. 2, c. 64, § 2. 
 
 CAPITALIS DEBITOR. The chief or prin- 
 cipal debtor, as distinguished from a surety 
 (plegius). Called principalis. Fleta, lib. 
 2, c. 63, § 5. 
 
 CAPITALIS DOMINUS. Chief lord. Pleta, 
 lib. 1, c. 12, § 4; Id. c. 28, § 5. 
 
 CAPITALIS JUSTICIARIUS. The chief 
 justiciary; the principal minister of state, 
 and guardian of the realm in the king's 
 absence. 
 
 This office originated under William the 
 Conqueror, but its power was greatly dimin- 
 ished by Magna Charta, and finally distrib- 
 uted among several courts by Edward I. 
 Spelman; 8 Bl. Comm. 38. 
 
 CAPITALIS JUSTICIARIUS AD PLACI- 
 ta coram rege tenenda. Chief justice for 
 holding pleas before the king. The title or 
 the chief justice of the king's bench, first 
 assumed in the latter part of the reign of 
 Henry III. 2 Reeve, Hist. Eng. Law, 91, 
 285. 
 
 CAPITALIS JUSTICIARIUS BANCI (or 
 de banco). Chief justice of the brench. The 
 title of the chief justice of the (now) court 
 of common pleas, first mentioned in the first 
 year of Edward I. 2 Reeve, Hist. Eng. Law, 
 48. Crabb, Hist. Eng. Law, 146. 
 
 CAPITALIS JUSTICIARIUS TOTIUS AN- 
 
 gliae. Chief justice of all England. The 
 title of the presiding justice in the court of 
 aula regis. 3 Bl. Comm. 38; 1 Reeve, Hist. 
 Eng. Law, 48. 
 
 CAPITALIS PLEGIUS. A chief pledge; a 
 head borough. Fleta, lib. 2, c. 52, & 5. 
 
 CAPITALIS REDDITUS. A chief rent 
 (q. V.) 
 
 CAPITALIS TERRA. A headland; a piece 
 of land lying at the head of other land. 
 
 CAPITANEUS. He who held his land or 
 title directly from the king himself. 
 
 A commander or ruler over others, either 
 in civil, military, or ecclesiastical matters. 
 
 A naval commander. This latter use be- 
 gan A. D. 1264. Spelman, voc. "Capita- 
 neus;" "Admiralius." 
 
 CAPITARE. In old law, and surveys. To 
 head, front, or abut; to touch at the head, 
 or end. Cowell, voc. "Laterare." 
 
 CAPITAS DEMINUTIO (or DIMINUTIO) 
 (Lat.) In the civil law. The loss of a 
 status or civil qualification; the change of 
 a man's former condition (prioris status 
 
CAPITATIM 
 
 138 
 
 CAPTAIN 
 
 mutatio). Inst. 1. 16. pr. 1; Mackeld. Civ. 
 Law, p. 131, § 121. Sometimes called capitis 
 minutio. Dig. 4. 5. 1. This was of three 
 kinds. See "Caput;" "Status." 
 
 CAPITATIM (Lat.) By the head; to each 
 individual. 4 Maule & S. 206. 
 
 CAPITATION (Lat. caput, head) . A poll- 
 tax. An imposition yearly laid upon each 
 person. 
 
 The constitution of the United States pro- 
 vides that "no capitation or other direct tax 
 shall be laid, unless in proportion to the cen- 
 sus, or enumeration, thereinbefore directed 
 to be taken." Article 1, § 9, note 4. See 3 
 Dall. (Pa.) 171; 5 Wheat. (U. S.) 317. 
 
 CAPITE. See "Capita." 
 
 CAPITE MINUTUS. In the civil law. One 
 who had suffered the capitis diminutio. Dig. 
 4. 5. 
 
 CAPITIS DIMINUTIO MAXIMA. The 
 highest or most comprehensive loss of 
 status. This occurred when a man's condi- 
 tion was changed from one of freedom to 
 one of bondage, when he became a slave. 
 It swept away with it all rights of citizen- 
 ship, and all family rights. 
 
 CAPITIS DIMINUTIO MEDIA. A lesser 
 or medium loss of status. This occurred 
 where a man lost his rights of citizenship, 
 but without losing his liberty. It carried 
 away also the family rights. 
 
 CAPITIS DIMINUTIO MINIMA. The low- 
 est or least comprehensive degree of loss 
 of stattis. This occurred where a man's 
 family relations alone were changed. It 
 happened upon the arrogation of a person 
 who had been his own master (sui juris), 
 or upon the emancipation of one who had 
 been under the patria potestas. It left the 
 rights of liberty and citizenship unaltered. 
 See Inst. 1. 16. pr.; Id. 1. 2. 3; Dig. 4. 5. 11; 
 Mackeld. Civ. Law, § 144. 
 
 CAPITITIUM. A covering for the head, 
 mentioned in St. 1 Hen. IV., and other old 
 statutes, which prescribed what dresses shall 
 be worn by all degrees of persons. Jacob. 
 
 CAPITULA. Collections of laws and or- 
 dinances drawn up under heads or divisions. 
 Spelman. 
 
 The term is used in the civil and old Eng- 
 lish law, and applies to ecclesiastical law 
 also. Du Cange. 
 
 CAPITULA CORONIS. Specific and mi- 
 nute schedules, or capitula itineris. 
 
 CAPITULA DE JUDAEIS. A register of 
 mortgages made to the Jews. 2 Bl. Comm. 
 343; Crabb, Hist. Eng. Law, 130 et seq. 
 
 CAPITULA ITINERIS. Schedules of in- 
 quiry delivered to the justices in eyre before 
 setting out on their circuits, and which were 
 intended to embrace all possible crimes. 
 
 CAPITULA RURALIA. Assemblies or 
 chapters, held by rural deans and parochial 
 clergy, within the precinct of every dean- 
 ery, which at first were every three weeks, 
 afterwards once a month, and more solemn- 
 ly once a quarter. Cowell. 
 
 CAPITULARY. 
 
 In French Law. A collection of laws 
 
 and ordinances orderly arranged by divi- 
 sions. The term is especially applied to the 
 collections of laws made and published by 
 the early French emperors. The execution 
 of these capitularies was intrusted to the 
 bishops, courts, and missi regis, and many 
 copies were made. The best edition of the 
 Capitularies is said by Butler to be that of 
 Baluze, 1677. Co. Litt. 191a, Butler's note 
 77. 
 
 In Ecclesiastical Law. A collection of 
 
 laws and ordinances, arranged by divisions. 
 A book containing the beginning and end of 
 each Gospel which is to be read every day 
 in the ceremony of saying mass. Du Cange. 
 
 CAPITULATION. 
 
 (1) The treaty which determines the con- 
 ditions under which a fortified place is 
 abandoned to the commanding officer of the 
 army which besieges it. 
 
 (2) In civil law. An agreement by which 
 the prince and the people, or those who have 
 the right of the people, regulate the man- 
 ner in which the government is to be ad- 
 ministered. Wolffius, § 989. 
 
 CAPITULI AGRI. Head fields; lands 
 lying at the head or upper end of furrows, 
 etc. 
 
 CAPITULUM EST CLERICORUM CON- 
 gregatlo sub uno decano In ecclesia cathe- 
 dral!. A chapter is a congregation of clergy 
 under one dean in a cathedral church. Co. 
 Litt. 98. 
 
 CAPITUR PRO FINE. See "Capias pro 
 Fine." 
 
 CAPPA. In old records. A cap. Cappa 
 honoris, the cap of honor. One of the so- 
 lemnities or ceremonies of creating an earl 
 or marquis. Bacon's Works, v. 474. 
 
 CAPTAIN (Lat. capitaneus; from caput, 
 head). The commander of a company of 
 soldiers. The term is also used of officers 
 in the municipal police in a somewhat simi- 
 lar sense; as, captain of police; captain of 
 the watch. 
 
 The master or commander of a merchant 
 vessel, or a vessel of war. 
 
 A subordinate officer having charge of a 
 certain part of a vessel of war. 
 
 In the United States, the commander of a 
 merchant vessel is, in statutes and legal 
 proceedings -and language, more generally 
 termed "master {q. v.) In foreign laws 
 and languages he is frequently styled "pa- 
 tron." 
 
 The rank of captain in the United States 
 navy is next above that of commander, and 
 
CAPTATION 
 
 139 
 
 CARAT 
 
 captains are generally appointed from this 
 rank in the order of seniority. The presi- 
 dent has the appointing power, subject to 
 the approval and consent of the senate. 
 
 CAPTATION. In French law. Undue In- 
 fluence; the act of one who succeeds in con- 
 trolling the will of another, so as to become 
 master of it. It is generally taken in a bad 
 sense. 
 
 Captation takes place by those demonstra- 
 tions of attachment and friendship, by those 
 assiduous attentions, by those services and 
 ofRcious little presents, which are usual 
 among friends, and by all those means 
 which ordinarily render us agreeable to 
 others. 
 
 CAPTATOR. A person who obtains a gift 
 or legacy through artifice. Rapalje & L. 
 
 CAPTIO (Lat. from capere, to take). In 
 old English law and practice. A taking or 
 seizure of a thing, as an animal. Bracton, 
 fol. 156. Est omnis captio justa vel injusta. 
 Fleta, lib. 2, c. 44, § 1. Bene cognoscit cap- 
 tionem, (he) well avows the taking. 1 
 Salk. 3. 
 
 A taking or seizure of land. Dies captio- 
 nis indorsari debet in tergo brevis, the day 
 of the taking ought to be indorsed on the 
 back of the writ. Bracton, fol. 365b. 
 
 A taking or arrest of a person. Reg. Orig. 
 278b; Bracton, fol. 145b. Injusta captio et 
 injusta detentio. Fleta, lib. 1, c. 42, § 1. 
 
 A taking or holding of a court. Captio as- 
 sisae, the taking of the assize. Bracton, fol. 
 Ill, 202b. 
 
 A taking or receiving. Homagii captio, 
 taking of homage. Bracton, fol. 16. 
 
 CAPTION. 
 
 (1) A taking, or seizing; an arrest. The 
 word is no longer used in this sense. 
 
 (2) The heading of a legal instrument^ 
 in which is shown when, where, and by what 
 authority it was taken, found, or executed. 
 Principally used in respect to indictments. 
 See, as to requisites, 8 Gray (Mass.) 454; 1 
 South. (N. J.) 46. This meaning, now the 
 general one, is not justified by the deriva- 
 tion, which is from capere, to take, and not 
 from caput, a head. 
 
 In the English practice, when an inferior 
 court, in obedience to the writ of certiorari, 
 returns an indictment into the king's bench, 
 it is annexed to the caption, then called a 
 "schedule," and the caption concludes with 
 stating that "it is presented in manner and 
 form as appears in a certain indictment 
 thereto annexed," and the caption and in- 
 dictment are returned on separate parch- 
 ments. 1 Wm. Saund. 309, note 2. 
 
 . CAPTIVE. A prisoner of war. 
 
 CAPTOR. One who has taken property 
 from an enemy. This term is also employed 
 to designate one who has taken an enemy. 
 
 CAPTURE. The taking of property by 
 one belligerent from another. See 6 Allen 
 (Mass.) 373. It is a taking by the military 
 power, as distinguished from a taking by the 
 civil power, which is known as "seizure." 
 35 Ga. 344. It originally included only a 
 taking by one belligerent from another, but 
 has been enlarged in usage to include tak- 
 ing by pirates, or the taking by a belliger- 
 ent of neutral goods. 6 Allen (Mass.) 373; 
 6 Wall. (U. S.) 10. 
 
 CAPUT. 
 
 In Civil Law. Status; a person's civil 
 
 condition. 
 
 According to the Roman law, three ele- 
 ments concurred to form the status or caput 
 of the citizen, namely, liberty, libertas, citi- 
 zenship, civitas, and family, familia. 
 
 At Common Law. A head. Chiefly 
 
 used in phrases, thus: Caput comitatis, the 
 head of the county; the sheriff; the king. 
 Spelman. Caput anni, the beginning of the 
 year. Cowell. Caput legis, a head of the 
 law; caput villae, the chief man of a town; 
 caput feudi vel terrae, the head or chief lord 
 of lands hald by feudal tenure; caput bar- 
 oniae, the castle, manor house, or chief seat 
 of a baron. Bracton, fol. 76b. 
 
 CAPUT LUPINUM (Lat.) Having a wolf's 
 head. 
 
 Outlaws were anciently said to have caput 
 lupinum, and might be killed by any one 
 who met them. 4 Bl. Comm. 320. In the 
 reign of Edward III. this power was re- 
 stricted to the sheriff when armed with law- 
 ful process, and this power, even, has long 
 since disappeared, the process of outlawry 
 being resorted to merely as a means of com- 
 pelling an appearance. Co. Litt. 128b; 3 Bl; 
 Comm. 284. 
 
 CAPUT MORTUUM. A dead head; a 
 thing void for all purposes. See 96 U. S. 
 195. 
 
 CAPUT PORTUS. In old English law. 
 The head of a port. The town to which a 
 port belongs, and which gives the denomina- 
 tion to the port, and is the head of it. Hale, 
 de Jure Mar. pt. 2, c. 2; 4 Taunt. 660. 
 
 CAPUT, PRINCIPIUM, ET FINIS. The 
 head, beginning, and end. A term applied in 
 English law to the king, as head of parlia- 
 ment. 4 Inst. 3; 1 Bl. Comm. 188. 
 
 CAPUTAGIUM. Head money; the pay- 
 ment of head money. Spelman; Cowell. 
 
 CAPUTIUM. In old English law. A head 
 of land; a headland. Cowell, voc. "Buttum." 
 
 CARABUS. In old English law. A kind 
 of raft or boat. Spelman. 
 
 CARAT. A weight equal to three and one- 
 sixth grains, in diamonds and the like. 
 Jacob. 
 
CARCAN 
 
 140 
 
 CARNALITER 
 
 CARCAN. In French law. An instru- 
 ment of punishment, somewhat resembling 
 a pillory. It sometimes signifies the pun- 
 ishment itself. JSiret, Vocab. 
 
 CARCAN NUM. In old E}nglisb law. A 
 prison or workhouse. 
 
 CARCARE. In old English law. To load; 
 to load a vessel (in navibus carcare). Reg. 
 Orig. 279. 
 
 CARCATA. Loaded; freighted. Flet, lib. 
 1, c. 25, § 9. 
 
 CARCELAGE. Prison fees. 
 
 CARCER. A prison or gaol. Strictly, a 
 place of detention and safe-keeping, and not 
 of punishment. Burrill. 
 
 CARCER AD HOMINES CUSTODIEN- 
 dos, non ad puniendos, dari debet. A prison 
 ought to be given to the custody, not the 
 punishment of persons. Co. Litt. 260. See 
 Dig. 48. 19. 8. 9. 
 
 CARCER NON SUPPLICII CAUSA SED 
 
 custodiae constitutus. A prison is ordained 
 not for the sake of punishment, but of de- 
 tention and guarding. LoflFt, 119. 
 
 CARDINAL. In ecclesiastical law. The 
 title given to one of the highest dignitaries 
 of the court of Rome. 
 
 Cardinals are next to the pope in dignity, 
 and he is elected by them. There are cardi- 
 nal bishops, cardinal priests, and cardinal 
 deacons. See Fleury, Hist. Eccles. liv. 25, 
 note 17; note 19; Thomassin, pt. 2, liv. 1, 
 c. 53; Id. pt. 4, liv. 1, cc. 79, 80; Loiseau, 
 Traite des Ordres, c. 3, note 31; Andre, 
 Droit Canon. 
 
 CARDS. In criminal law. Small rec- 
 tangular pasteboards, generally of a fine 
 quality, on which are painted figures of va- 
 rious colors, and used for playing certain 
 games. See 4 Pick. (Mass.) 251. 
 
 CARE. Charge or oversight; diligence. 
 See "Negligence." 
 
 The 'word "care," used in a statute de- 
 fining embezzlement, is equivalent to "cus- 
 tody," and may mean "charge," "safekeep- 
 ing," or "security." 110 111. 649. 
 
 CARE OF. The words "care of" written 
 on a box delivered to a carrier for trans- 
 portation merely mean that if the con- 
 signee named could not be found the goods 
 might be delivered into the care of the per- 
 son named. 48 111. 427. 
 
 CARENA, CARINA, or CARRENA (Law 
 Lat.; from Fr. quarante, forty). In old ec- 
 clesiastical law. A period of forty days. 
 Of the same meaning as quarentena. (Fr. 
 quarantaine) , quarantine. Spelman. See 
 "Quarantine." 
 
 CARETA, CARRETA, or CARECTA. A 
 
 cart; a cartload. 
 
 In Magna Charta (9 Hen. III. c. 21) it is 
 ordained that no sheriff shall take horses 
 or carts (careta) without paying the an- 
 cient livery therefor. 
 
 r 
 
 CARGA. In Spanish law. An incum- 
 brance; a charge. White, New Recop. bk. 2 
 tit. 13, c. 2, § 2. 
 
 CARGARE. In old English law. To 
 charge. Spelman. 
 
 CARGO. In martime law. The entire 
 load of a ship or other vessel. 1 Mason 
 (U. S.) 142. "Not the property on board 
 belonging exclusively to the shipowner, but 
 all the property constituting the ship's lad- 
 ing; all the property on which freight and 
 profits were to accrue. 4 Mason (U. S.) 
 264. 
 
 The products of a , whaling voyage are 
 "cargo," but the implements used in whal- 
 ing are not. 11 Pick. (Mass.) 230. 
 
 As used in policies of marine insurance, 
 the term has a restricted meaning, derived 
 from usage, which does not include deck 
 load or live stock. 4 Pick. (Mass.) 433; 2 
 Gill & J. (Md.) 136. 
 
 The term is usually applied to goods 
 only, but in a more extensive and less tech- 
 nical sense it includes persons. See 7 Man. 
 & G. 729, 744. 
 
 CARISTIA. Dearth or scarcity. 
 
 CARLISLE TABLES. Tables of life ex- 
 pectancy, compiled jn about 1780, at Car- 
 lisle, England. They are admissible in evi- 
 dence on questions of expectancy. 
 
 CARMACK AMENDMENT. The purpose 
 of the Carmack amendment to the Hep- 
 burn Act was to do away with the diflncul- 
 ties shippers had encounteired in seeking to 
 recover damages to property carried over 
 more than one line of railroad, by giving 
 the shipper the right to institute his action 
 against the carrier receiving the property 
 for interstate shipment, for damages oc- 
 curring anywhere in the course of the 
 transportation, leaving it to such carrier to 
 recover from the carrier on whose line the 
 damage occurred. 271 HI. 541. 
 
 CARMEN. In the Roman law. Literally, 
 a verse or song; a formula or form of 
 words used on various occasions, as of di- 
 vorce. Tayl. Civ. Law, 349. 
 
 CARNAL KNOWLEDGE. Sexual connec- 
 tion. The term is generally, if not ex- 
 clusively, applied to the act of the male. 
 
 The term is a technical one, and has been 
 always held adequate to express the idea of 
 sexual bodily connection. 22 Ohio St. 541; • 
 97 Mass. 61. 
 
 CARNALITER. In old criminal law. Ca^ 
 nally. Carnaliter cognovit, carnally knew. 
 
CARNALLY KNEW 
 
 141 
 
 CASE 
 
 Technical words in indictments for rape, 
 and held essential. 1 Hale, P. C. 637-639; 
 3 Inst. 60. 
 
 CARNALLY KNEW, A technical phrase 
 essential in an indictment to charge the 
 defendant with the crime of rape. No other 
 words nor circumlocution will answer. 1 
 Hale, P. C. 632; 1 Chit. Crim. Law, 243; Co. 
 Litt. 137. 
 
 CAR NO. An immunity or privilege. 
 Cowell. 
 
 CARRIOLE, or CARRAOLE. A ship of 
 great burden. 
 
 CARRIER. One who undertakes to trans- 
 port goods from one place to another. 1 
 Pars. Cont. 632. 
 
 They are either "common" or "private." 
 Private carriers incur the responsibility of 
 the exercise of ordinary diligence only, like 
 other bailees for hire. Story, Bailm. § 495; 
 13 Barb. (N. Y.) 481; 1 Wend. (N. Y.) 272; 
 
 1 Hayw. (N. C.) 14; 2 Dana (Ky.) 430;' 4 
 Taunt. 787; 6 Taunt. 577; 2 Bos. & P. 417; 
 
 2 C. B. 877. See "Common Carriers." 
 
 CARRYING AWAY. See "Asportation." 
 
 CARRYING COSTS. A verdict or decision 
 "carrying costs" is one entitling the party 
 in whose favor it is made to tax costs there- 
 on. 
 
 CART. A carriage for luggage or burden, 
 with two wheels, as distinguished from a 
 wagon, which has four wheels. Worcester. 
 
 The term has been held to include four- 
 wheeled vehicles, to carry out the intent of 
 a statute. 22 Ala. (N. S.) 621. 
 
 CART BOTE. An allowance to the tenant 
 of wood sufficient for carts and other in- 
 struments of husbandry. 2 Bl. Comm. 35. 
 
 CARTA. A charter (g. v.) Any written 
 instrument. 
 
 In Spanish Law. A letter; a deed; a 
 
 power of attorney. Las Partidas, pt. 3, tit. 
 18, lib. 30. 
 
 CARTA DE FORESTA. See "Charta de 
 Foresta." 
 
 CARTE. In French marine law. A chart. 
 Ord. Mar. liv. 1, tit. 8, arts. 2, 3. 
 
 CARTE BLANCHE. A white card signed 
 at the bottom with a person's name, and 
 soraeitimes sealed, giving another person 
 power to superscribe what conditions he 
 pleases. Applied, generally, in the sense of 
 unlimited authority being ' granted. Whar- 
 ton. 
 
 CARTEL. An agreement between two 
 belligerent powers for the delivery of pris- 
 oners or deserters, and also a written chal- 
 lenge to a duel. 
 
 Cartel ship is a ship commissioned in time 
 of war to exchange prisoners, or to carry 
 
 any proposals between hostile powers. She 
 must carry no cargo, ammunition, or imple- 
 ments of War, except a single gun for sig- 
 nals. 
 
 CARTMEN. Persons who carry goods and 
 merchandise in carts, either for great or 
 short distances, for hire. 
 
 CARUCAGE. A taxation of land by the 
 caruca or carue. 
 
 The caruca was as much land as a man 
 could cultivate in a year and a day with a 
 single plough (caruca). Carucage, earu- 
 gage, or carnage was the tribute paid for 
 each caruca by the carucarius, or tenant. 
 Spelman; Cowell. 
 
 CARUCATA. A certain quantity of land, 
 used as the basis for taxation. As much, 
 land as may be tilled by a single plough in 
 a year and a' day. Skene de Verb. Sign. 
 A team of cattle; a cartload. 
 
 It may include houses, meadow, woods, 
 etc. It is said by Littleton to be the same 
 as soca, but has a much more extended sig- 
 nification. Spelman; Blount; Cowell. 
 
 CAS FORTUIT (Fr.) In the law of in- 
 surance. A fortuitous event; an inevitable 
 accident. 3 Kent, Comm. 300; 120 U. S. 727. 
 
 Same as the Latin casus fortuitus (q. v.) 
 
 CASATA, or CASSATA. In old European 
 law. A house with land sufficient for the 
 support of one family. Otherwise called 
 "hida," a hide of land, and by Bede, "Famil- 
 ia." Spelman, voc. "Casa." 
 
 CAS AT US. In old European law. A vas- 
 sal or feudal tenant possessing a casata (q. 
 v.), that is, having a house, household, and 
 property of his own. The cassati embraced 
 both bond and free tenants. Spelman. 
 
 CASE. A question before a court of jus- 
 tice. 88 111. App. 199. 
 
 Any state of facts which furnishes oc- 
 casion for the exercise of the jurisdication 
 of a court of justice or any question con- 
 tested before such a court. 257 111. 55. 
 
 A subject on which the judicial power is 
 capable of acting and which has been sub- 
 mitted to it by a party in the form required 
 by law. 88 111. App. 199. 
 
 A question contested before a court of 
 justice; an action or suit at law or in 
 equity. 1 Wheat. (U. S.) 352; 4 Iowa, 152. 
 
 A case arising under a treaty (Const. U. 
 S. art. 3, § 2) is a suit where is drawn in 
 question the construction of a treaty, and 
 the decision is against the title set up by 
 either party under such treaty. Story, J., 
 
 I Wheat. (U. S.) 356. And see, also, 6 
 Cranch (U. S.) 286; 9 Wheat. (U. S.) 819; 
 
 II How. (U. S.) 529; 12 How. (U. S.) 111. 
 A form of action which lies to recover 
 
 damages for injuries for which the more 
 ancient forms of action will not lie. Steph. 
 PI. 15. 
 
CASE AGREED ON 
 
 142 
 
 CASHIER 
 
 "Case," or, more fully, "action upon the 
 case," or "trespass on the case," includes in 
 its widest sense assumpsit and trover, and 
 distinguishes a class of actions in which the 
 writ is framed according to the special cir- 
 cumstances of the case, from the ancient ac- 
 tions, the writs in which, called brevia for- 
 mata, are collected in the Registrum Bre- 
 vium. 
 
 Sometimes used for "case stated" (q. v.) 
 
 CASE AGREED ON. A statement of 
 facts agreed upon by the parties, and sub- 
 mitted to the court, in order to obtain a de- 
 cision upon the points of law involved, with- 
 out going through the forms of a regular 
 trial. 3 Whart. (Pa.) 143. 
 
 CASE FOR MOTION. In English divorce 
 and probate practice, when a party desires 
 to make a motion, he must file, among other 
 papers, a case for motion, containing an ab- 
 stract of the proceedings in the suit or ac- 
 tion, a statement of the circumstances on 
 which the motion is founded, and the prayer, 
 or nature of the decree or order desired. 
 Browne, Div. 251; Browne, Prob. Prac. 295. 
 
 CASE LAW. The law evidenced by or 
 derived .from the reported decisions. The 
 law established by the force of such deci- 
 sions as precedents, as distinguished from 
 the reasons or philosophy of the law. 
 
 CASE ON APPEAL. 
 
 In American Practice. Especially in 
 
 states having reformed Codes of Procedure, 
 a printed document prepared by an appel- 
 lant, containing the substance of the evi- 
 dence and proceedings on the trial in the 
 court below. 
 
 In English Practice. In the house ot 
 
 lords and privy council: (1) A statement 
 prepared and printed by each party to an 
 appeal, showing the facts on which he re- 
 lies, and containing references to the evi- 
 dence contained in the appendix. (2) A 
 written statement by an inferior court or 
 judge, raising a question of law for the 
 opinion of a superior court. 
 
 CASE RESERVED. A statement in writ- 
 ing of the facts proved on the trial of a 
 cause, drawn up and settled by the attor- 
 neys and counsel for the respective parties 
 under the supervision of the judge, for the 
 purpose of having certain points of law, 
 which arose at the trial, and could not then 
 be satisfactorily decided, determined upon 
 full argument before the court in banc. 
 This is otherwise called a "special case;" 
 and it is usual for the parties, where the 
 law of the case is doubtful, to agree that 
 the jury shall find a general verdict for the 
 plaintiff, subject to the opinion of the court 
 upon such a case to be made, instead of ob- 
 taining from the jury a special verdict. 
 Burrill. 
 
 CASE STATED. In practice. A state- 
 ment of all the facts of a case, with the 
 names of the witnesses, and a detail of the 
 documents which are to support them; a 
 brief. 
 
 An agreement in writing, between a plain- 
 tiff and defendant, that the facts in dispute 
 between them are as there agreed upon and 
 mentioned. 3 Whart. (Pa.) 143. 
 
 CASE TO MOVE FOR NEW TRIAL. In 
 practice. A case prepared by the party 
 against whom a verdict has been given, 
 upon which to move the court to set aside 
 the verdict, and grant a new trial. Gra- 
 ham, Prac. 330; 1 Burrill, Prac. 469. 
 
 CASH. That which circulates as money. 
 It is generally held to include bank notes. 
 9 Johns. (N. Y.) 120; 10 Wheat. (U. S.) 
 347. But see 3 Halst. (N. J.) 172. Treas- 
 ury notes (3 Conn. 534) and gold dust (1 
 Cal. 49) have been held not to be cash. 
 See, also, 6 Md. 37; 44 Ala. 402. 
 
 Money at command; ready money. 28 
 Grat. (Va.) 175. 
 
 A sale for cash is a sale for money in 
 hand (24 N. J. Law, 101), but a local cus- 
 tom may give the phrase another meaning 
 (3 Mo. App. 149). 
 
 CASH BOOK. A book in which a mer- 
 chant enters an account of all the cash he 
 receives or pays. An entry of the same 
 thing ought to be made, under the proper 
 dates, in the journal. The object of the cash 
 book is to afford a constant facility to as- 
 certain the true state of a man's cash. Par- 
 dessus, note 87. 
 
 CASH SALE. In the language of the com- 
 mercial world, the term "cash sale" is 
 used to designate sales where the pur- 
 chaser is to have a short credit, as for 
 example, ten days, or even thirty days. 213 
 111. 586; 157 111. 515. 
 
 The strict legal signification of the term 
 cash sale is one where delivery and pay- 
 ments are to be concurrent acts and be per- 
 formed at the same instant of time. 213 
 111. 587; 157 111. 515. 
 
 CASHIER. An officer of a moneyed In- 
 stitution, or of a private person or firm, 
 who is entitled by his office to take care of 
 the cash or money of such institution, per- 
 sons, or firm. 
 
 In Military Law. To deprive a mili- 
 tary officer of his office. See Articles of 
 
 — ^Of a Bank. An executive ofBcer, by 
 whom its debts are received and paid, and 
 its securities taken and transferred, whose 
 ordinary duties are to keep all the funds 
 of the bank, its notes, bills and other choses 
 in action, to be used from time to time for 
 the ordinary and extraordinary exigencies 
 of the bank, and usually receiving direct- 
 ly, or through the subordinate officers of 
 the bank, all the money and notes of the 
 
CASSARE 
 
 143 
 
 CASU PROVISO 
 
 bank, delivering up all discounted notes 
 and other securities when they have been 
 paid, drawing checks to withdraw the funds 
 of the band when they have been deposited, 
 and, as the executive officer of the bank, 
 transacting most of its business. 22 111. 
 App. 251. 
 
 CASSARE. To quash; to render void; to 
 break. 
 
 CASSATION. In French law. A decision 
 emanating from the sovereign authority, by 
 which a decree or judgment in the court of 
 last resort is broken or annulled. See 
 "Cour de Cassation." 
 
 CASSETUR BILLA, or QUOD BILLA 
 cassetur (Lat. that the bill be quashed). In 
 practice. The form of the judgment for the 
 defendant on a plea in abatement, where 
 the action was commenced by bill (billa). 
 3 Bl. Comm. 303; Steph. PL 128, 131. The 
 form of an entry made by, a plaintiff on the 
 record, after a plea in abatement, where 
 he found that the plea could not be con- 
 fessed and avoided, nor traversed, nor de- 
 murred to; amounting in fact to a discon- 
 tinuance of the action. 2 Archb. Prac. K. B. 
 3, 236; 1 Tidd. Prac. 683. 
 
 CASSETUR BREVE (Lat. that the writ 
 be quashed) In practice. A judgment some- 
 times entered against a plaintiff, at his re- 
 quest, when, in consequence of allegations 
 of the defendant, he can no longer prose- 
 cute his suit with effect. The effect of such 
 entry is to stop proceedings, and exonerate 
 the plaintiff from liability for future costs, 
 leaving him free to sue out new process. 
 3 Bl. Comm. 340. See Gould PI. c. 5, § 139; 
 3 Bouv. Inst, notes 2913, 2914; 5 Term R. 
 634. 
 
 CAST (Law Fr. jecter, getter; Lat. pro- 
 jicere). In old English practice. To allege, 
 offer, or present; to put forward. To cast 
 an essoign was to allege an excuse for the 
 failure of a party to appear in court, on the 
 return of the original writ. 3 Steph. Comm. 
 659; 3 Bl. Comm. 278; Roscoe, Real Ac- 
 tions, 156. To cast a protection was to pre- 
 sent or allege it as an excuse. Co. Litt. 128a. 
 130, 131; 3 Reeve, Hist. Eng. Law, 406. 
 
 This word is now used as a popular, ra- 
 ther than a technical, term, in the sense of 
 to overcome, overthrow, or defeat in a civil 
 action at law. Webster. 
 
 CASTELLAIN, or CASTELLANUS. The 
 keeper or captain of a fortified castle; the 
 constable of a castle. Spelman; Termes de 
 la Ley; Blount. 
 
 CA8TELLARIUM, or CASTELLATUS. In 
 old English law. The precinct or jurisdic- 
 tion of a castle. Blount. 
 
 CASTELLORUM OPERATIC. In old Eng- 
 lish law. Service or labor done by inferior 
 tenants for the building and upholding of 
 
 castles and public places of defense. To- 
 wards this some gave their personal ser\^ 
 ice, and others, a contribution of money or 
 goods. This was one branch of the trinoda 
 necesaitas (1 Bl. Comm. 263), from which 
 no lands could be exempted under the Sax- 
 ons, though immunity was sometimes al- 
 lowed after the conquest. Kennett, Par. Ant. 
 114; Cowell. 
 
 CASTIGATORY. An engine used to pun- 
 ish women who have been convicted of be- 
 ing common scolds. It is sometimes called 
 the trebucket, tumbrel, ducking-stool or 
 cucking-stool. This barbarous punishment 
 has perhaps never been inflicted in the 
 United States. 12 Serg. & R. (Pa.) 225. 
 
 CASTING. In old English practice. Of- 
 fering, alleging; thus, casting an essoign 
 was alleg^ing an excuse for nonappearance. 
 
 CASTING VOTE. The deciding vote In a 
 deliberative or parliamentary body, cast by 
 the presiding officer in the event of a tie. 
 It sometimes signifies only such a vote, and 
 sometimes the double vote of one who first 
 votes as a member, and afterwards votes to 
 cast off the tie, if one results. 1 Bl. Comm. 
 181, note; Jacob, "Parliament" (7). 
 
 CASTLEGUARD, CASTLEGARD, or CAS- 
 tleward (Law Lat. castelgardum, castelli 
 guardia, wardum castri, custodia castri). 
 In feudal and old English law. The defense 
 or guard of a castle; otherwise called 
 "watch" and "ward." A species of feudal 
 service or tenure; a kind of tenure by 
 knight's service. Spelman, voc. "Castelgard- 
 um;" Termes de la Ley; Litt. § 111; Co. 
 Litt. 82b. The service was sometimes 
 changed into an annual rent, and then the 
 tenure became a tenure in socage. 4 Coke, 
 88. See 3 How. St. Tr. 866. 
 
 An imposition anciently laid upon such 
 persons as lived within a certain distance 
 of any castle, towards the maintenance of 
 such as watched and warded the castle. 
 Magna Charta, c. 20; St. 32 Hen. VIIL c 
 48; Cowell. 
 
 The circuit itself, inhabited by such as 
 were subject to this service. Cowell; Blount; 
 Termes de lay Ley. 
 
 CASTRATION. In criminal law. The act 
 of gelding. When this act is maliciously 
 performed upon a man, it is a mayhem, 
 and punishable as such, although the suf- 
 ferer consented to it. 2 Bish. Crim. Law, 
 §§ 842, 847. 
 
 CASU CONSIMILI. See "Consimili Casu. 
 
 CASU PROVISO (Lat. in the case pro- 
 vided for). In practice. A writ of entry 
 framed under the provisions of the statute 
 of Gloucester (6 Edw. I.) c. 7, which lay 
 for the benefit of the reversioner when a 
 tenant in dower aliened in fee or for life. 
 It seems to have received this name to dis- 
 tinguish it from a similar writ framed 
 
CASUAL EJECTOR 
 
 144 
 
 CATALLIS CAPTIS NOMINE 
 
 under the provisions of St. Westminster 
 
 II. (13 Edw. I.) c. 24, where a tenant by 
 curtesy had alienated as above, and which 
 was known emphatically as the writ in con- 
 simili casu. 
 
 The writ is now practically obsolete. 
 Fitzh. Nat. Brev. 205; Dane, Abr. Index. 
 
 CASUAL EJECTOR. In practice. The 
 person supposed to perform the fictitious 
 ouster of the tenant of the demandant in 
 an action of ejectment. See "Ejectment." 
 
 CASUAL EMPLOYMENT. Occasional, 
 irregular or incidental employment in con- 
 tradistinction from stated or regular. 277 
 
 III. 142. 
 
 CASUAL EVIDENCE. A phrase used to 
 denote (in contradistinction to "preappoint- 
 'ed evidence") all such evidence as happens 
 to be adducible of a fact or event, but which 
 was not prescribed by statute or otherwise 
 arranged beforehand to be the evidence of 
 the fact or event. Brown. 
 
 CASUAL PAUPER. A poor person who, 
 in England, applies for relief in a parish 
 other than that of his settlement. The ward 
 in the workhouse to which they are admit- 
 ted is called the "casual ward." Rapalje 
 & L. 
 
 CASUALTIES OF SUPERIORITY. In 
 Scotch law. Certain emoluments arising to 
 the superior lord in regard to the tenacy. 
 
 They resemble the "incidents" to the feu- 
 dal tenure at common law. They take prece- 
 dence of a creditor's claim on the tenant's 
 land, and constitute a personal claim also 
 against the vassal. Bell, Diet. They have 
 very generally disappeared. Paterson, Comp, 
 29. 
 
 CASUALTY. Inevitable accident. TJn 
 foreseen circumstances not to be guarded 
 against by human agency, and in which 
 man takes no part. Story, Bailm. § 240; 1 
 Pars. Cont. 543-547. 
 
 CASUS BELLI. An occurrence giving 
 rise to or justifying war. 
 
 CASUS FOEDERIS (Lat.) In interna- 
 tional law. A case within the stipulations 
 of a treaty. 
 
 The question whether, in case of a treaty 
 of alliance, a nation is bound to assist its 
 ally in war against a third nation, is de- 
 termined in a great measure by the justice 
 or injustice of the war. If manifestly un- 
 just on the part of the ally, it cannot be 
 considered as casus foederis. Grotius de 
 Jure Belli, bk. 2, c. 25; Vattel, bk. 2, c. 12, 
 § 168. See 1 Kent, Comm. 49. 
 
 CASUS FORTUITUS (Lat.) An inevit- 
 able accident; a loss happening in spite of 
 all human effort and sagacity. 3 Kent, 
 Comm. 217, 800. 
 
 It includes such perils of the sea as 
 strokes of lightning, etc. A loss happening 
 
 through the agency of rats was held an un- 
 foreseen, but not an inevitable, accident. 1 
 Curt. C. C. (U. S.) 148. The happening 
 of a casus fortuitus excuses ship owners 
 from liability for goods conveyed. 3 Kent, 
 Comm. 216. 
 
 CASUS FORTUITUS NON EST SPERAN- 
 dus, et nemo tenetup divinare. A fortuitous 
 event is not to be foreseen, and no person 
 is held bound to divine it. 4 Coke, 66. 
 
 CASUS FORTUITUS NON EST SUP- 
 ponendus. A fortuitous event is not to be 
 presumed. Hardr. 82, arg. 
 
 CASUS MAJOR (Lat.) An unusual acci- 
 dent. Story, Bailm. § 240. 
 
 CASUS OMISSUS (Lat.) A case which 
 is not provided for. When such cases arise 
 in statutes which are intended to provide 
 for all cases of a given character which 
 may arise, the common law governs. 5 Coke, 
 38; 11 East, 1; 2 Bin. (Pa.) 279; 2 Shars- 
 wood, Bl. Comm. 260; Brown, Max. 37. A 
 casus omissus may occur in a contract as 
 well as in a statute. 2 Sharswood, Bl. 
 Comm. 260. 
 
 CASUS OMISSUS ET OBLIVIONI DATUS 
 disposition! communis juris relinquitur. A 
 case omitted and forgotten is left to the dis- 
 posal of the common law. 5 Coke, 37; 
 Broom, Leg. Max. (3d London Ed.) 45; 1 
 Exch. 476. 
 
 CATALLA (Law Lat.) In old English 
 law. Chattels, or catals, as anciently writ- 
 ten. A term including all property movable 
 and immovable, except fees and freeholds. 
 
 This word is considered by Spelman as 
 derived, by contraction, from capitalia. The 
 singular, catallum (q. v.), rarely occurs, al- 
 though Bracton uses it in several places. 
 Catalla, according to the same writer, had 
 nearly or quite the sense of averia (beasts 
 or cattle), being demandable under that 
 name. Bracton, fol. 159b. See "Averia." It 
 seems to have been, from a very early pe- 
 riod, united with the word bona, in the 
 phrase bona et catalla, of which the famil- 
 iar modern phrase "goods and chattels" is a 
 translation. Bracton, fol. 60b; Reg. Grig. 
 140, 141. 
 
 CATALLA JUSTE POSSESSA AMITTI 
 non possunt. Chattels justly possessed Can- 
 not be lost. Jenk. Cent. Cas. 28. 
 
 CATALLA OTIOSA (Lat.) Dead goods, 
 and animals other than beasts of the 
 plough, averia carucae, and sheep. 3 Shars- 
 wood, Bl. Comm. 9; Bracton, 217b. 
 
 CATALLA REPUTANTUR INTER MIN- 
 Ima in lege. ,Chattels are considered in law 
 among the minor things. Jenk. Cent. Cas. 
 52. 
 
 CATALLIS CAPTIS NOMINE DISTINC 
 t Ion is. A writ which lay for rent of a house 
 
CATALLUM 
 
 145 
 
 CAUSA CAUSAE 
 
 in a borough, and authorized distress of win- 
 dews, doors, etc. 
 
 CATALLUM. A chattel. See "Catalla." 
 The word is used more frequently in the 
 plural, catalla, but has then the same sig- 
 nification, denoting all goods, movable or 
 immovable, except such as are in the na- 
 . ture of fees and freeholds. Cowell; Du 
 Cange. 
 
 CATALS. Goods and chattels. See "Ca- 
 talla." Rapalje & L. 
 
 CATANEUS. A tenant in capite; a tenant 
 holding immediately of the crown. Spel- 
 man. 
 
 CATCHING BARGAIN. An agreement 
 made with an heir expectant for the pur- 
 chase of his expectancy at an inadequate 
 price. Any agreement, whether by sale, 
 mortgage, or post obit bond, on insufficient 
 consideration, to be performed by the heir 
 on the vesting of his expectancy. 47 Mich. 
 94; 7 Mass. 112; 63 Pa. St. 448; 34 Me. 
 447. 
 
 CATCH LAND. Land in Norfolk, so called 
 because it is not known to what parish it 
 belongs, and the minister who first seizes 
 the tithes of it, by right of preoccupation, 
 enjoys them for that year. Cowell. 
 
 CATCHPOLE, or CATCHPOLL. A name! 
 formerly given to a sheriff's deputy, or to 
 a constable, or other officer whose duty it 
 is to arrest persons. He was a sort of ser- 
 geant. The word is not now in use as an 
 ofRcial designation. Minshew. 
 
 , CATER COUSIN. 
 Bl. Law Tracts, 6. 
 
 technical (or other) legal defect will not 
 become valid merely by length of time. The 
 rule applied to the institution of haeredes, 
 the bequest of legacies, and such like. The 
 rule is not without its application also in 
 English law; e. g., a married woman's will 
 (being void when made) is not made valid 
 merely because she lives to become a widow. 
 Brown. 
 
 CATTLE. From law Latin capitalia. 
 Beasts subject of ownership at common law; 
 domestic animals, useful as food or for la- 
 bor. 
 
 The term "cattle" includes horses and 
 asses as well as domesticated horned ani- 
 mals. 47 111. 463. 
 
 CATTLE GATE. A customary propor- 
 tionate right of pasture enjoyed in common 
 with others. The right is measured not by 
 the number of cattle to be pastured, but by 
 reference to the rights of others and the 
 whole amount of pasture. 34 Eng. Law & 
 Eq. 511; 1 Term R. 137. 
 
 CAUDA TERRAE. A land's end, or the 
 bottom of a ridge in arable land. Cowell. 
 
 CAULCEIS (Law Fr.) A word used in old 
 statutes (6 Hen. VI. c. 5) to signify cause- 
 ways, or causeys. From the latin calcetum 
 (q. V.) Cowell; Blount. 
 
 A very distant relation. 
 
 CATHEDRAL. In ecclesiastical law. A 
 tract set apart for the service of the church. 
 
 The church of the bishop; so called from 
 the fact that his cathedra or official chair is 
 therein located. 
 
 CATHOLIC CREDITOR. In Scotch law. 
 A creditor whose debt is secured on several 
 parts or all of his debtor's property. Such 
 a creditor is bound to take his payment 
 with reference to the rights of the second- 
 ary creditors, or, if he disregards their 
 rights, must assign over to them his claims. 
 This rule applies where he collects his debts 
 of a cautioner (surety). Bell, Diet. 
 
 CATHOLIC EMANCIPATION ACT. Act 
 10 Geo. IV. e. 7. This act relieves from 
 disabilities and restores all civil rights to 
 Catholics, except that of holding ecclesias- 
 tical offices and certain high state offices. 3 
 Steph. Comm. 109. 
 
 CATONIANA REGULA. In Roman law. 
 
 The rule which is commonly expressed In 
 
 the maxim, Quod ab initio non valet tractu 
 
 temporis non convalebit, meaning that what 
 
 is at the beginning void by reason of some 
 
 In the civil law. 
 4. 5; Story, Ag. 
 
 CAUPO(pl. caupones). 
 An inkeeper. Dig. 4. 9. 
 § 458. 
 
 CAUPONA. In the civil law. An inn or 
 tavern. Inst. 4. 5. 3; Dig. 4. 9. 1. 5. 
 
 CAURSINES. Italian merchants who 
 came into England in the reign of Henry 
 III., where they established themselves as 
 money lenders, but were soon expelled for 
 their usury and extortion. Cowell; Blount; 
 Spelman. They seem to have been Lom- 
 bards, deriving their name from a town in 
 Lombardy. 
 
 CAUSA (Lat.) A cause; a reason. 
 
 A condition; a consideration. Used of 
 contracts, and found in this sense in the 
 Scotch law also. Bell, Diet. 
 
 A suit; an action pending. Used in this 
 sense in the old English law. 
 
 Property. Used thus in the civil law in 
 the sense of res (a thing) . Non porcellum. 
 non agnellum, nee aliam causam, not a hog, 
 not a lamb, nor other thing. Du Cange. 
 
 By reason of. Causa proxima, the immedi- 
 ate sause. Causa remota, a cause operating 
 indirectly by the intervention of other caus- 
 es. In its general sense, causa denotes any- 
 thing operating to produce an effect. 4 Gray 
 (Mass.) 398; 4 Campb. 284. 
 
 CAUSA CAUSAE EST CAUSA CAUSATI. 
 
 The cause of a cause is the cause of the 
 effect. Freem. 329; 12 Mod. 637. 
 
CAUSA CAUSANS 
 
 146 
 
 CAUSE OF ACTION 
 
 CAUSA CAUSANS. The immediate cause; 
 the last link in the chain of causation. Ra- 
 palje & L. 
 
 CAUSA DATA ET NON SECUTA. In the 
 
 civil law. Consideration given and not fol- 
 lowed, that is, by the event upon which it 
 was given. The name of an action by which 
 a thing given in the view of a certain event 
 was reclaimed if that event did not take 
 place. Dig. 12. 4; Code, 4. 6. 
 
 CAUSA ECCLESIAE PUBLICIS AEQUI- 
 paratur; et summa est ratio quae pro re- 
 ligione facit. The cause of the church is 
 equal to public cause; and paramount is the 
 reason which makes for religion. Co. Litt. 
 341. 
 
 CAUSA ET ORIGO EST MATERIA NE- 
 gotii. Cause and origin is the material of 
 business. 1 Coke, 99; Wingate, Max. 41, 
 max. 21. 
 
 CAUSA HOSPITANDI. For the purpose 
 of being entertained as a guest. 4 Maule & 
 S. 310. 
 
 CAUSA JACTITATIONIS MARITAGII 
 (Lat.) A form of action which anciently 
 lay against a party who boasted or gave out 
 that he or she was married to the plaintiff, 
 whereby a common reputation of their mar- 
 riage might ensue. 3 Bl. Comm. 93. 
 
 CAUSA MATRIMONII PRAELOCUTI 
 (Lat.) A writ lying where a > woman has 
 given lands to a man in fee simple, with the 
 intention that he shall marry her, and he 
 refuses so to do within a reasonable time, 
 upon suitable request. Cowell. Now obso- 
 lete. 3 Bl. Comm. 183, note. 
 
 CAUSA MORTIS. In anticipation of 
 death. See "Donatio Causa Mortis." 
 
 CAUSA PATET. The reason is open, ob- 
 vious,' plain, clear, or manifest. A common 
 expression in old writers. Perk. c. 1, §§ 11, 
 14, 97. Causa patet ex praemissis, the 
 reason is plain from the premises. Id. c. 3, 
 § 226. 
 
 CAUSA PROXIMA NON REMOTA SPEC- 
 tatur (Lat.) The direct and not the remote 
 cause is considered. See "Proximate 
 Cause." 
 
 CAUSA REI (Lat.) In civil law. Things 
 accessory or appurtenant. All those things 
 which a man would have had if the thing 
 had not been withheld. Du Cange. 1 Mack- 
 eld. Civ. Law, 55. 
 
 CAUSA REMOTA. A remote cause. 
 
 CAUSA SCIENTIAE PATET. The reason 
 of the knowledge is evident. A technical 
 phrase in Scotch practice, used in deposi- 
 tions of witnesses. 
 
 CAUSA SINE QUA NON. A necessary 
 case; one without which the effect would not 
 have been produced. 
 
 CAUSA TURPIS. An immoral cause. 
 
 CAUSA VAGA ET INCERTA NON EST 
 causa ratlonabllis. A vague and uncertain 
 cause is not a reasonable cause. 5 Coke, 57. 
 
 CAUSAE DOTIS, VITAE, LIBERTATIS, 
 fisci sunt inter favorabilia in lege. Causes 
 of dower, life, liberty, revenue are among 
 the things favored in law. Co. Litt. 341. 
 
 CAUSAM NOBIS SIGNIFICES QUARE. 
 You signify to us the reason. In old Eng- 
 lish practice. A writ addressed to a may- 
 or of a town, etc., who was by the king's 
 writ commanded to give seisin of lands to 
 the king's grantee, on his delaying to do it, 
 requiring him to show cause why he so de- 
 layed the performance of his duty. Blount; 
 Cowell. 
 
 CAUSARE (Lat. to cause). To be en- 
 gaged in a suit; to litigate; to conduct a 
 cause. Used in the old English and in the 
 civil law. 
 
 CAUSATOR (Lat.) A litigant; one who 
 takes the part of the plaintiff or defendant . 
 in a suit. 
 
 CAUSE (Lat. causa). That which sup- 
 plies the motive, or constitutes the reason, 
 for any act. See "Probable Cause." 
 
 In Civil Law. The consideration or 
 
 motive for making a contract. Dig. 2. 14. 
 7; TouUier, Dr. Civ. liv. 3, tit. 3, c. 2, § 4. 
 
 ——In Pleading. Reason; motive. 
 
 In a replication de injuria, for example, 
 the plaintiff alleges that the defendant of 
 his own wrong and without the cause by 
 him, etc., where the word "cause" compre- 
 hends all the facts alleged as an excuse or 
 reason for doing the act. 1 Chit. PI. B85. 
 
 In Practice. A suit or action; any 
 
 question, civil or criminal, contested before 
 a court of justice. Wood, Civ. Law, 301. It 
 does not include a quo warranto proceeding 
 (5 El. & Bl.), but includes a criminal pros- 
 ecution (3 Q. B. 901). 
 
 CAUSE BOOKS. Books kept in the cen- 
 tral office of the English supreme court, in 
 which are entered all writs of summons is- 
 sued in the office. Rules of Court, v. 8. 
 
 CAUSE LIST. An official list of actions, 
 demurrers, petitions, appeals, etc., set down 
 for trial or argument in open court. Sim- 
 ilar to the American "calendar" or "dock- 
 et" {g. V.) 
 
 CAUSE OF ACTION. The thing done or 
 omitted to be done which confers the right 
 upon the other to sueji— that is, the wrong 
 against the plaintiffs which caused a griev- 
 ance for which the law gives a remedy. 272 
 111. 156. 
 
CAUSIDICUS 
 
 147 
 
 CAVEAT EMPTOR 
 
 Matter for which an _ action may be 
 brought; the right to maintain an action. 
 28 Barb. (N. Y.) 231. 
 
 A cause of action is said to accrue to any 
 person when that person first comes to a 
 right to bring an action. There is, how- 
 ever, an obvious distinction between a cause 
 of action and a right, though a cause of 
 action generally confers a right. Thus, stat- 
 utes of limitation do not affect the cause 
 of action, but take away the right. It is 
 synonymous with "right of action" (26 
 How. Pr. [N. Y.] 108) , but not with "chose 
 in action" (10 How. Pr. [N. Y.] 1). 
 
 CAUSIDICUS. In the civil law. A plead- 
 er; one who argued a cause ore terms. Code, 
 2. 6. 6. There was a distinction between 
 eausidicus and advocatus (q. v.) 
 
 CAUTELA (Lat.) Care; precaution vig- 
 ilance. 
 
 CAUTI JURATORIA. Security given by 
 the oath of the party. Inst. 4. 11. 2; 1 
 Mackeld. Civ. Law, p. 176, § 184; T. Raym. 
 226, arg. 
 
 CAUTIO, or CAUTION. 
 
 In Civil Law. Security given for the 
 
 performance of anything. A bond whereby 
 the debtor acknowledges the receipt of 
 money, and promises to pay it at a future 
 day. 
 
 -^In French Lavi. The person entering 
 into an obligation as a surety. 
 
 In Scotch Law. A pledge, bond, or 
 
 other security for the performance of an 
 obligation, or completion of the satisfaction 
 to be obtained by a judicial process. Bell, 
 Diet. 
 
 CAUTIO FIDEJUSSORIA. Security by 
 means of bonds or pledges entered into by 
 third parties. Du Cange. 
 
 CAUTIO PIGNORATITIA. A pledge by 
 deposit of goods. 
 
 CAUTIO PRO EXPENSIS. Security for 
 costs or expenses. 
 
 This term is used among the civilians 
 (Nov. 112, c. 2), and generally on the conti- 
 nent of Europe. In nearly all the countries 
 of Europe, a foreign plaintiff, whether resi- 
 dent there or not, is required to give caution 
 pro expensis, that is, security for costs. In 
 some states this requisition is modified, and 
 when such plaintiff has real estate or a com- 
 metcial or manufacturing establishment 
 within the state, he is not required to give 
 such caution. Foelix, Droit Int. Prive, note 
 
 loe. 
 
 CAUTIO USUFRUCTUARIA. Security, 
 which tenants for life give, to preserve the 
 property rented free from waste and injury. 
 Ersk. Inst. bk. 2, tit. 9, § 59. 
 
 CAUTION JURATORY. Security given 
 by oath; that which a suspender swears is 
 
 the best he can afford in order to obtain a 
 suspension. Ersk, Prac, 4. 3. 6. Paterson, 
 Comp. 
 
 CAUTIONARY. In Scotch law. The ob- 
 ligation by which a party becomes surety 
 for another, answering to the English guar- 
 antee. It is defined by Stair: "The prom- 
 ise or contract of a man, not for himself, 
 but another." Brande. See Ersk. Inst. bk. 
 3, tit. 7, § 22. See "Cautionary." 
 
 CAUTIONE ADMITTENDA. In English 
 ecclesiastical law. A writ that lies against 
 a bishop who holds an excommunicated per- 
 son in prison for contempt, notwithstanding 
 he offers sufficient caution or security to 
 obey the orders and commandment of the 
 church for the future. Reg. Orig. 66; Cow- 
 ell. 
 
 CAUTIONER. A surety; a bondsman. 
 One who binds himself in a bond with the 
 principal for greater security. He is still 
 a cautioner, whether the bond be to pay a 
 debt, or whether he undertake to produce 
 the person of the party for whom he is 
 bound. Bell, Diet. 
 
 CAUTIONNEMENT. In French law. The 
 same as becoming surety in English law. 
 
 CAUTIONRY. In Scotch law. Surety- 
 ship. The obligation of suretyship. 
 
 CAVEAT (Lat. let him beware). 
 
 In Practice. A notice not to do an 
 
 act, given to some officer, ministerial or ju- 
 dicial, by a party having an interest in the 
 matter. 
 
 It is a formal caution or warning not to 
 do the act mentioned, and is addressed fre- 
 quently to prevent the admission to probate 
 of wills, the granting letters of administra- 
 tion, etc. 1 Bouv. Inst. 71, 534; 3 Bl. 
 Comm. 246; 2 Chit. Prac. 502, note b; 3 
 Bin (Pa.) 314; 3 Halst. (N. J.) 139. 
 
 It is also used to prevent the issuance of 
 a patent for lands. See 9 Grat. (Va.) 508. 
 
 In Patent Law. A legal notice not to 
 
 issue a patent of a particular description to 
 any other person without allowing cave- 
 ator an opportunity to establish his prior- 
 ity of invention. 
 
 It is filed in the patent office under statu- 
 tory regulations. This principal object of 
 filing it is to obtain for an inventor time to 
 perfect his invention without the risk of 
 having a patent granted to another person 
 for the same thing. Rev. St. U. S. § 4902. 
 
 CAVEAT EIVIPTOR (Lat. let the buyer 
 beware). A maxim employed in the law to 
 signify that a purchaser, whether of realty 
 or personalty, is not only bound to discover 
 obvious defects for himself, but is confined 
 to the warranties which he has required, and 
 cannot, in the absence of fraud, rely on the 
 statements of the seller. Benj. Sales, 611; 
 17 Pick. (Mass.) 475; 10 Ga. 311; 9 N. Y. 
 36; 10 Wall. (U. S.) 383; 53 N. Y, 515. 
 
CAVEAT EMPTOR 
 
 148 
 
 CENSARIA 
 
 As an exception to the rule, there is, how- 
 ever, an implied warranty of title. 88 Ga. 
 629. 
 
 CAVEAT EMPTOR; QUI IGNORARE 
 non debuit quod jus alienum emit. Let a 
 purchaser beware; who ought not to be igno-, 
 rant that he is purchasing the rights of an- 
 other. Hob. 99 ; Broom, Leg. Max. (3d Lon- 
 don Ed.) 690; Co. Litt. 102a; 3 Taunt. 439; 
 1 Bouv. Inst. 383; Sugd. Vend. (13th Ed.) 
 272 et seq.; 1 Story, Eq. Jur. (6th Ed.) c. 6. 
 
 CAVEAT VENDITOR. Let the seller be- 
 ware. Lofft, 328; 18 Wend. (N. Y.) 449, 
 453; 23 Wend. (N. Y.) 353; 2 Barb. (N. Y.) 
 323; 5 N. Y. 73, 82. 
 
 CAVEATOR. One who files a caveat. 
 
 CAVENDUM EST A FRAGMENTIS. Be- 
 ware of fragments. Bac. Aph. 26. 
 
 CAVE RE (Lat.) In the civil and common 
 law. To take care; to exercise caution. See 
 "Caveat Emptor." 
 
 To take care or provide for; to prove by 
 law. Cavetur, provision is made, a remedy 
 is given. Inst. 4. 3. 13. Cautum est, it is 
 provided or enacted. Inst. 3. 8. 2; Id. 4. 
 3, pr. 
 
 To provide against; to forbid by law. 
 Inst. 1. 25. 13. 
 
 To give security. Nisi caveant tutores et 
 curatores, etc. Inst. 1. 24. 3. Cautum, se- 
 cured. Dig. 50. 16. 188. 1. 
 , To give caution or security on arrest. 
 Clerke, Prax. tit, 4. 
 
 cavers; Offenders with respect to the 
 mines in Derbyshire, who are punishable in 
 the Berghmote or miners' court. Jacob. 
 
 CAY A. In old English law. A quay, kay, 
 key, or wharf. Cowel. 
 
 CAYAGIUM. A toll or duty paid the king 
 for landing goods at some quay or wharf. 
 The barons of the Cinque Ports were free 
 from this duty. Cowell. 
 
 CEAP. A bargain; anything for sale; a 
 chattel; also cattle, as being the usual 
 medium of barter. Sometimes used instead 
 of ceapgild (q. v.) 
 
 CEAPGILD. Payment of an animal. An 
 ancient species of forfeiture. Cowell; Spel- 
 man. 
 
 CEDE. To assign; to transfer. Applied 
 to the act by which one state or nation 
 transfers territory to another. 
 
 CEDENT. An assignor; the assignor of 
 a chose in action. Karnes, Eq. 43. 
 
 CEDULA. In Spanish law. A written 
 obligation, under private signature, by 
 which a party acknowledges himself indebt- 
 ed to another in a certain sum, which he 
 promises to pay on demand or on some fixed 
 day. 
 
 In order to obtain judgment on such an 
 instrument, it is necessary that the party 
 executing it should acknowledge it in open 
 court, or that it be proved by two witnesses 
 who saw its execution. 
 
 The citation affixed to the door of an ab- 
 sconding offender, requiring him to appear 
 before the tribunal where the accusation is 
 pending. 
 
 CEDULE. (Fr.) In French law. A note 
 in writing. Poth. Obi. pt. 4, c. 1, art. 2, 
 § 1. 
 
 GELATION. In medical jurisprudence. 
 Concealment of pregrnancy or delivery. 
 Dungl. Med. Diet. 
 
 CELEBRATION OF MARRIAGE. The 
 solemn act by which a man and woman take 
 each other for husband and wife, conform- 
 ably to the rules prescribed by law. 
 
 CELLERARIUS. A butler in a monas- 
 tery; sometimes in universities called "man- 
 ciple" or "caterer." 
 
 CEMETERY. A place or ground set apart 
 for the burial of the dead. 121 111. 210. 
 
 CENDULAE. Small pieces of wood laid 
 in the form of tiles to cover the roof of a 
 house; shingles. Cowell. 
 
 CENEGILD. In Saxon law. A pecuniary 
 mulct or fine paid to the relations of a mur- 
 dered person by the murderer or his rela- 
 tions. Spelman. 
 
 CENELLAE. In old records. Aeoms. 
 
 CENNINGA. A notice given by a buyer 
 to a seller that the things which had been 
 sold were claimed by another, in order that 
 he might appear and justify the sale. 
 Blount; Whishaw. 
 
 The exact significance of this term is 
 somewhat doubtful. If probably denoted, 
 "notice," as defined above. The finder of 
 stray cattle was not always entitled to it; 
 for Spelman says: "As to strange (or 
 stray) cattle, no one shall have them but 
 with the consent of the hundred of tithing- 
 men; unless he have one of these, we can- 
 not allow him any cenninga (I think no- 
 tice)." Spelman. 
 
 CENS. In Canadian law. An annual pay- 
 ment or due reserved to a seignioi; or lord, 
 and imposed merely in recognition of his 
 superiority. Guyot, Inst. c. 9. . 
 
 The land or estate so held is called a 
 censive; the tenant is a, eensitaire. It was 
 originally a tribute of considerable amount, 
 but became reduced in time to a nominal 
 sum. It is distinct from the rentes. The 
 cens varies in amount and in mode of pay- 
 ment. Payment is usually in kind, but may 
 be in silver. 2 Low. (U. S.) 40. 
 
 CENSARIA. A farm, or house and land, 
 let at a standing rent. Cowell. 
 
CENSARII 
 
 149 
 
 CENTRAL CRIMINAL COURT 
 
 CENSARII. In old English law. Farm- 
 ers, or such persons as were liable to pay a 
 census (tax). Blount; Cowell. 
 
 CENSERE. In the Roman law. To or- 
 dain; to decree. Dig. 50. 16. 111. 
 
 CENSITAIRE. See "Cens." 
 
 CENSIVE. See "Cenp." 
 
 CENSO. In Spanish and Mexican law. 
 An annuity; a ground rent; the right which 
 a person acquires to receive a certain annual 
 pension, for the delivery which he makes 
 to another of a determined sum of money or 
 of an immovable thing. Civ. Code Mex. art. 
 3206. See Schmidt, Civ. Law, 149, 309; 
 White, New Recop. bk, 2, c 7, § 4; 13 Tex. 
 655. 
 
 CENSO CONSIGNATIVO. In Spanish 
 and Mexican law. A censo (g. v.) is called 
 "consignativo" when he who receives the 
 money assigns for the payment of the pen- 
 sion (annuity) the estate the fee in which 
 he reserves. Civ. Code Mex. art. 3207. 
 
 CENSO ENFITEUTICO. In Spanish and 
 Mexican law. An emphyteutic annuity. 
 That species of censo (annuity) which ex- 
 ists wliere there is a right to require of 
 another a certain canon or pension annually, 
 on account of having transferred to that 
 person forever certain real estate, but re- 
 serving the fee in the land. The owner who 
 thus transfers the land is called the "cerv- 
 sualisto," and the person who pays the an- 
 nuity is called the "eensatario." Hall, Mex. 
 Law, § 756. 
 
 CENSUALES. In old European law. A 
 species of oblati or voluntary slaves of 
 churches or monasteries; those who, to pro- 
 cure the protection of the church, bound 
 themselves to pay an annual tax or quit- 
 rent only of their estates to a church or 
 monastery. 
 
 CENSUERE. In Roman law. They have 
 decreed. The term of art, or technical term 
 for the judgment, resolution, or decree of 
 the senate. Tayl. Civ. Law, 566. 
 
 CENSUMETHIDUS, or CENSUMORTHI- 
 dus. A dead rent, like that which is called 
 "mortmain." Blount; Cowell. 
 
 CENSUS (Lat. censere, to reckon). An 
 official reckoning or enumeration of the in- 
 habitants and wealth of a country. 
 
 The census of the United States is taken 
 every tenth year, in accordance with the 
 provisions of the constitution, and many 
 of the states have made provisions for a 
 similar decennial reckoning at intervening 
 periods. Const. U. S. art. 1, § 2; 1 Story, 
 U, S. Laws, 73, 722, 751; 2 Story, U. S. 
 Laws, 1134, 1139, 1169, 1194; 3 Story, U. S. 
 Laws, 1776; 4 Sharswood, U. S. Laws, 2179. 
 
 ——In Old European Law. A tax or trib- 
 ute. Montesq. liv. 30, c. 14. 
 
 CENSUS REGALIS. In English law. The 
 royal revenue. 1 BI. Comm. 306. 
 
 CENT (Lat. centum, one hundred). A 
 coin of the United States, weighing seventy- 
 two grains, and composed of eighty-eight 
 per centum of copper and twelve of nickel. 
 Act Feb. 21, 1857, § 4. See 11 U. S. St. at 
 Large, 163, 164. 
 
 CENTENA. (Law Lat. from centum, a hun- 
 dred). A hundred; a district or division 
 containing originally a hundred freemen, 
 established among the Goths, Germans, 
 Franks, and Lombards, for military and 
 civil purposes, and answering to the Saxon 
 hundred. Spelman; 1 Bl. Comm. 115; Es- 
 prit des Lois, liv. 30, c. 17. The Saxon di- 
 vision is also sometimes called centena, but 
 is more commonly rendered in law Latin, 
 hundredum, or hundredus. Spelman. See 
 "Hundred;" "Centenarius;" "Centeni." 
 
 — I — In Old Records and Pleadings. A hun- 
 dred weight. Centena pisctium, a hundred 
 weight of fish. Pryn. 303. Centena eerae 
 zucarii, piperis, cumini, etc., continet tre- 
 decim petras et dimidium, the hundred 
 weight of wax, sugar, pepper, cummin, etc., 
 contains thirteen stone and a half. Fleta, 
 lib. 2, c. 12. 4. See Cro. Eliz. 754. 
 
 CENTENARIUS (Law Lat.; Fr. centenier, 
 from centena, q. v.) In old European law. 
 One of a centena, or hundred; the head or 
 chief of a centena (praefectus centenae), 
 among the Goths, Germans, Franks, and 
 Lombards; an inferior judge. 
 
 CENTENI (Lat. from centum, a hundred). 
 A hundred men; the number of men en- 
 rolled for military service from each dis- 
 trict, among the ancient Germans, and 
 which afterwards became their distinctive 
 
 CENTESIMA (Lat. centum). In Roman 
 law. The hundredth part. 
 
 Usuriae centesvmae. Twelve per cent, per 
 annum, that is, a hundredth part of the 
 principal, was due each month, the month 
 being the unit of time from which the Ro- 
 mans reckoned interest. 2 Bl. Comm. 462, 
 note. 
 
 CENTRAL CRIMINAL COURT. In Eng- 
 lish law. A court which has jurisdiction 
 of all cases of treason, murder, felony, or 
 misdemeanor committed within the city of 
 London and county of Middlesex, and cer- 
 tain parts of the counties of Essex, Kent, 
 and Surrey, and also of all serious offenses 
 within the former jurisdiction of the ad- 
 miralty court. 
 
 The court consists of the lord mayor, the 
 lord chancellor, the judges of the three su- 
 perior courts at Westminster, the judges in 
 bankruptcy, the judges of the admiralty, the 
 dean of the arches, the aldermen, recorder, 
 and common Serjeant of London, and the 
 judges of the sheriff's court. 
 
CENTRAL OFFICE 
 
 150 
 
 CERA, or CERE 
 
 CENTRAL OFFICE. The central office 
 of the supreme court of judicature in Eng- 
 land is the office established in pursuance of 
 the recommendation of the legal depart- 
 ment's commission (2d Rep. 23, 47) in or- 
 der to consolidate the offices of the masters 
 and associates of the common-law divisions, 
 the crown office of the queen's bench divi- 
 sion, the record and writ clerk's report, and 
 enrollment offices of the chancery division, 
 and a few others. Judicature Act 1879, § 4 
 et seq. The central office is divided into 
 the following departments, and the business 
 and staff of the office are distributed ac- 
 cordingly (Rules of Court Dec. 1879, April, 
 1880) : (1) Writ, appearance, and judg- 
 ment; (2) summons and order, for the com- 
 mon-law divisions only; (3) filing and rec- 
 ord, including the old chancery report office; 
 (4) taxing, for the common-law divisions 
 only; (5) enrollment; (6) judgments, for 
 the registry of judgments, executions, etc.; 
 (7) bills of sale; (8) married women's 
 acknowledgments; (9) queen's remem- 
 brancer; (10) crown office; and (11) asso- 
 ciates. 
 
 CENTUMVIRl (Lat. one hundred men). 
 The name of a body of Roman judges. Their 
 exact number was one hundred and five, 
 there being selected three from each of the 
 thirty-five tribes comprising all the citizens 
 of Rome. They constituted, for ordinary 
 purposes, four tribunals, but some cases 
 (called centumvvrales causas) required the 
 judgment of all the judges. 3 Bl. Comm. 
 515. 
 
 CENTURY. One hundred; one hundred 
 years. 
 
 One hundred men. The Romans were 
 divided in "centuries," as the English were 
 formerly divided into "hundreds." 
 
 CEORL. A tenant at will of free condi- 
 tion, who held land of the thane on condi- 
 tion of paying rent or services. 
 
 A freeman of inferior rank occupied in 
 husbandry. Spelman. 
 
 Those who tilled the outlands paid rent; 
 those who occupied or tilled the inlands, or 
 demesne, rendered services. Under the Nor- 
 man rule, this term, as did others which de- 
 noted workmen, especially those which ap- 
 plied to the conquered race, became a term 
 of reproach, as is indicated by the popular 
 signification of churl. Cowell; Spelman. 
 
 CEPI (Lat. I have taken). It was of fre- 
 quent use in the returns of sheriffs when 
 they were made in Latin; as, for example, 
 cepi corpus et B. B., I have taken the body, 
 and discharged him on bail bond; cepi cor- 
 pus et est in custodia, I Ijave taken the 
 body, and it is jn custody; cepi corpus et 
 est languidus, I have taken the body, and 
 he is sick. 
 
 CEPI CORPUS (Law Lat. I have taken 
 the body) . In practice. The technical name 
 
 of the return made by a sheriff to a capias, 
 that he has taken the body of the party. 
 Fitzh. Nat. Brev. 26; 3 Bl. Comm. 288; 1 
 Tidd, Prac. 308-310. See "Capias." It is 
 derived from the two emphatic words of 
 the return which was anciestly indorsed 
 in law Latin on the writ. 
 
 Cepi corpus properly is the return where 
 the defendant is out on bail. Where he is 
 in actual custody, the return is cepi corpus 
 in custodia. 1 Tidd, Prac. 308, 309. Sew- 
 ell. Sheriffs, 387. Cepi cotpus et paratum 
 habeo, I have taken the body, and have it 
 ready, is another form of this return, which 
 anciently implied that the party was in ac- 
 tual custody, but is now the proper return 
 where the defendant has been arrested and 
 discharged on bail. Id.; 1 Tidd, Prac, ubi 
 supra. 
 
 CEPIT (Lat. caper e, to take; cepit, he 
 took, or has taken). 
 
 In Civil Practice. A form of replevin 
 
 which is brought for carrying away goods 
 merely. 3 Hill (N. Y.) 282. Non detinet 
 is not the proper answer to such a charge. 
 17 Ark. 85. And see 3 Wis. 399. Success 
 upon a non cepit does not entitle the de- 
 fendant to a return of the property. 5 Wis. 
 85. A plea of non cepit is not inconsistent 
 with a plea showing property in a third per- 
 son. 8 Gill (Md.) 133. 
 
 In Criminal Practice, Took. A tech- 
 nical word necessary in an indictment for 
 larceny. The charge must be that the de- 
 fendant took the thing stolen with a fe- 
 lonious design. Bac. Abr. "Indictment" (G 
 1). 
 
 CEPIT ET ABDUXIT (Lat. he took and 
 led away). Applicable in a declaration in 
 trespass or indictment for larceny, where 
 the defendant has taken away a living chat- 
 tel. 
 
 CEPIT ET ASPORTAVIT (Lat. he took 
 and carried away). Applicable in a decla- 
 ration in trespass or an indictment for lar- 
 ceny, where the defendant has carried away 
 goods without right. 4 Bl. Comm. 231. 
 
 CEPIT IN ALIO LOCO (Lat. he took In 
 another place) . In pleading. A plea in re- 
 plevin, by which the defendant alleges that 
 he took the thing replevied in another place 
 than that mentioned in the declaration. 1 
 Chit. PI. 490; 2 Chit. PI. 558; Rast. Entr. 
 554, 555; Willes, 475. It is the usual plea 
 where the defendant intends to avow or 
 justify the taking to entitle himself to a re- 
 turn. 4 Bouv. Inst, note 3569. 
 
 CEPPAGIUM. In old English law. The 
 stumps or roots of trees which remain in 
 the ground after the trees are felled. Fleta, 
 lib. 2, c. 41, § 24. 
 
 CERA, or CERE. In old English law. 
 Wax; a seal of wax. St. Westminster II. 
 c. 10. 
 
CERAGRUM 
 
 151 
 
 CERTIFICATE, TRIAL BY 
 
 CERAGRUM. In old English law. A 
 payment to provide candles in the church. 
 Blount. 
 
 CEREVISIA. Ale or beer. Rapalje & L. 
 
 CERT MONEY. The head money given 
 by the tenants of several manors yearly to 
 the lords, for the purpose of keeping up 
 certain inferior courts. Called in the an- 
 cient records certum letae (leet money). 
 Cowell. 
 
 CERTA DEBET ESSE INTENTIO, ET 
 narratio et certum fundamentum, et certa 
 res quae deducitur in judicium. The inten- 
 tion, count, foundation, and thing, brought 
 to judgment, ought to be certain. Co. Litt. 
 S03a. 
 
 CERTA RES. In old English law. A cer- 
 tain thing. Pleta, lib. 2, c. 60, §§ 24, 25. 
 
 CERTAIN SERVICES. In feudal and old 
 English law. Such services as were stinted 
 (limited or defined) in quantity, and could 
 not be exceeded on any pretense; as to pay 
 a stated annual rent, or to plow such a 
 field for three days. 2 Bl. Comm. 61. 
 
 CERTAINTY. 
 
 In Contracts. Distinctness and accu- 
 racy of statement. 
 
 A thing is certain when its essence, qual- 
 ity, and quantity are described, distinctly 
 set forth, etc. Dig. 12. 1. 6. It is uncertain 
 when the description is not that of an indi- 
 vidual object, but designates only the kind. 
 Civ. Code La. art. 3522, No. 8; 5 Coke, 121. 
 
 In Pleading. Such clearness and dis- 
 tinctness of statement of the facts which 
 constitute the cause of action or ground of 
 defense that they may be understood by the 
 party who is to answer them, by the jury 
 who are to ascertain the truth of the allega- 
 tions, and by the court who are to give the 
 judgment. 1 Chit. PI. 257; Cowp. 682; Hob. 
 295; 13 East, 107; 2 Bos. & P. 267; Co. 
 Litt. 303; Comyn, Dig. "Pleader," c. 17. 
 
 Certainty is said to be of three sorts: 
 
 (1) "Certainty to a common intent," 
 which is attained by a form of statement in 
 which words are used in their ordinary 
 meaning, though by argument or inference 
 they may be made to bear a different one. 
 See 2, H. Bl. 530. 
 
 (2) "Certainty to a certain intent in gen- 
 eral," which is attained when the meaning 
 of the statute may be understood upon a 
 fair and reasonable construction, without 
 recurrence to possible facts which do not 
 appear. 1 Wm. Saund. 49 ; 9 Johns. (N. Y.) 
 317; 5 Conn. 423. 
 
 (3) "Certainty to a certain intent in par- 
 ticular," which is attained by that technical 
 accuracy of statement which precludes all 
 
 ■ argument, inference, and presumption 
 against the party pleading. When this cer- 
 tainty is required, the party must not only 
 state the facts of his case in the most 
 
 precise way, but add to them such a show 
 that they are not to be controverted, and, 
 as it were, anticipate the case of his ad- 
 versary. 1 Chit. PI. 258; Lawes, PI. 54, 
 55. 
 
 CERTIFICATE. In practice. A writing 
 made in any court, and properly authenti- 
 cated, to give notice to another court of 
 any thing done therein. 
 
 A written statement, by a person having 
 an official or public status, concerning some 
 matter within his knowledge or authority. 
 3 Pet. (U. S.) 29; 6 Serg. & R. (Pa.) 324. 
 
 CERTIFICATE INTO CHANCERY. In 
 
 English practice. The certificate by the 
 common-law judges of their opinion of a 
 question referred to them by the chancellor. 
 
 CERTIFICATE OF ASSIZE. A writ 
 granted for the re-examination or retrial of 
 a matter passed by assizes before justices. 
 Pitzh. Nat. Brev. 181. It is now entirely 
 obsolete. 3 Sharswood, Bl. Comm. 389. Con- 
 sult, also, Comyn, Dig. "Assize" (B 27, 28). 
 
 CERTIFICATE OF COSTS. See "Judge's 
 Certificate." 
 
 CERTIFICATE OF DEPOSIT. A certifi- 
 cate issued by a bank that the person named 
 has a specified sum on deposit to his order 
 in the bank. 
 
 CERTIFICATE OF EVIDENCE. The sole 
 office or function of a certificate of evidence 
 in chancery causes, as its very name im- 
 plies, is to truly set forth the evidence of- 
 fered, rejected, received and considered on 
 the hearing. 123 111. 533. 
 
 CERTIFICATE OF REGISTRY. A cer- 
 tificate that a ship has been registered as 
 the law requires. 3 Kent, Comm. 149. Un- 
 der the United States statutes, "every alter- 
 ation in the property of a ship must be in- 
 dorsed on the certificate of registryj and 
 must itself be registered." Unless this is 
 done, the ship or vessel loses its national 
 privileges as an American vessel. 1 Pars. 
 Mar. Law, 48. The English statute makes 
 such a transfer void. St. 3 & 4 Wm. IV. 
 c. 54. 
 
 CERTIFICATE OF STOCK. A certificate 
 that a person named is the owner of a speci- 
 fied number of shares of stock in a corpora- 
 tion. 
 
 CERTIFICATE, TRIAL BY. This is a 
 mode of trial now little in use. It is resort- 
 ed to in cases where the fact in issue lies 
 out of the cognizance of the court, and the 
 judges, in order to determine the question, 
 are obliged to rely upon the solemn aver- 
 ment or information of persons in such a 
 station as affords them the clearest and 
 most competent "knowledge of the truth. 
 Steph. PI. 112, 113; Co. Litt. 74; Brown. 
 
CERTIFICATION 
 
 152 
 
 CESSET EXECUTIO 
 
 CERTIFICATION. In Scotch law. A no- 
 tice to a party in a suit that, if he fail to do 
 something, certain consequences will follow. 
 Paterson, Comp. 
 
 CERTIFIED CHECK. A check which has 
 been recognized by the proper officer as a 
 valid appropriation of the amount of money 
 therein specified to the person therein 
 named, and which bears upon itself the evi- 
 dence of such recognition. 
 
 Certification of a check is usually accom- 
 plished by writing the name of the officer 
 authorized to bind the bank in that manner 
 across the face of the check. See "Check." 
 Sewell, Bank. 
 
 CERTIFY. To testify to in writing; to 
 make known or establish as a fact. 200 
 111. 243. 
 
 CERTIORARI. In practice. A writ is- 
 sued by a superior to an inferior court of 
 record, requiring the latter to send -in to 
 the former some proceeding therein pend- 
 ing, or the records and proceedings in some 
 cause already terminated in cases where 
 the procedure is not according to the course 
 of the common law. 112 Mass. 206. 
 
 The office of the writs of certiorari and 
 mandamus is often much the same. It is 
 the practice of the United States supreme 
 court, upon a suggestion of any defect in 
 the transcript of the record sent up into 
 that court upon a writ of error, to allow a 
 special certiorari, requiring the court below 
 to certify more fully. 3 Dall. (U. S.) 411; 
 7 Cranch (U. S.) 288; 3 How. (U. S.) 553. 
 The same result might also be effected by 
 a writ of mandamus. The two remedies are, 
 when addressed to an inferior court of rec- 
 ord, from a superior court, requiring the 
 return of a record, much the same. But 
 where diminution of the record is suggest- 
 ed in the inferior court, and the purpose 
 is to obtain a more perfect record, and not 
 inerely a more perfect copy or transcript, it 
 is believed that the writ of mandam.us is 
 the appropriate remedy. 
 
 In many of the states, the writ produces 
 the same result in proceedings given by 
 statute, such as the proceedings for obtain- 
 ing damages under the mill acts, highway 
 acts, pauper laws, etc., as the writ of error 
 does when the proceedings are according 
 to the course of the common law. Where 
 the lower court is to be required to proceed 
 in a cause, a writ of procedendo or manda- 
 mus is the proper remedy. 
 
 CERTUM EST QUOD CERTUM REDDI 
 potest. That is sufficiently certain which 
 can be made certain. Noy, Max. 481; Co. 
 Litt. 46b, 96a, 142a; 2 Sharswood, Bl. Comm. 
 143; 2 Maule & S. 50; Broom, Leg. Max. (3d 
 London Ed.) 555-558; 3 Term R. 463; 4 
 Cruise, Dig. (4th Ed.) 269; 3 Mylne & K. 
 Ch. 353; 11 Cush. (Mass.) 380. 
 
 CERVISARII (eervisia,. ale). Among the 
 Saxons, tenants who were bound to supply 
 drink for their lord's table. Cowell; Domes- 
 day Book. 
 
 CERVISIA. Ale. Cervisarius, an ale- 
 brewer; an ale-house keeper. Cowell; 
 Blount. 
 
 CERVUS (Lat.) A stag or deer. 
 
 CESIONARIO. In Spanish lav. An as- 
 signee. White, New Recop. 304. 
 
 CESS. An assessment or tax. In Ire- 
 land, it was anciently applied to an exac- 
 tion of victuals, at a certain rate, for sol- 
 diers in garrison. Wharton. 
 
 In Old English Law. To cease. Hale, 
 
 Anal. § 38c. 
 
 CESSA REGNARE, SI NON VIS JUDI- 
 care. Cease to reign if you wish not to 
 adjudicate. Hob. 165. 
 
 CESSANTE CAUSA CESSAT EFFEC- 
 tus. The cause ceasing, the effect must 
 cease. 1 Exch. 430; Broom, Leg. Max. (3d 
 London Ed.) 151. 
 
 CESSANTE RATIONE LEGIS CESSAT, 
 et Ipsa lex. Reason is the soul of the law, 
 and when the reason of any particular law 
 ceases, so does the law itself. 4 Coke, 38; 
 7 Coke, 69; Co. Litt. 70b, 122a; Broom, Leg. 
 Max. (3d London Ed.) 151, 152; 4 Rep. 38; 
 13 East, 348; 4 Bing. N. C. 388. 
 
 CESSANTE STATU PRIMITIVO, CES- 
 sat derlvativus. The primary state ceasing, 
 the derivative ceases. 8 Rep. 34; Broom, 
 Leg. Max. (3d London Ed.) p. 438; 4 Kent, 
 Comm. 32. 
 
 CESSAVIT PER BIENNIUM (Lat. he has 
 ceased for two years). In practice. An ob- 
 solete writ, which could formerly have been 
 sued out when the defendant had for two 
 years ceased to perform such service or to 
 pay such rent as he was bound to do by his 
 tenure, and had not upon his lands sufficient 
 goods or chattels to be distrained. Fitzh. 
 Nat. Brev. 208. It also lay where a religious 
 house held lands on condition of p^erform- 
 ing certain spiritual services, which it failed 
 to do. 3 Bl. Comm. 232. 
 
 CESSE. An assessment or tax; a tenant 
 of land was said to cesse when he neglected 
 or ceased to perform the services due to 
 the lord. Co. Litt. 373a, 380b. 
 
 CESSER, or CESSURE. Neglect; a ceas- 
 ing from, or omission to do, a thing. 3, Bl. 
 Comm. 232. "A substantial dismission and 
 cesser." 6 Mod. 232. 
 
 The determination of an estate. 1 Coke, 
 84; 4 Kent, Comm. 33, 90, 105, 295. 
 
 CESSET EXECUTIO (Lat. let execution 
 stay) . In practice. The formal order for a 
 stay of execution, when proceedings in 
 
CESSET PROCESSUS 
 
 153 
 
 CHAFFERS 
 
 court were conducted in Latin. See "Exe- 
 cution." 
 
 CESSET PROCESSUS (Lat. let process 
 stay). In practice. The formal order for 
 a stay of process or proceedings, when 
 the proceedings in court were conducted In 
 Latin. See 2 Doug. 627. 
 
 CESSro BONORUM (Lat. a transfer of 
 property) . In civil law. An assignment of 
 his property by a debtor for the benefit of 
 his creditors. Such an assignment dis- 
 charged the debtor to the extent of the 
 property ceded only, but exempted him from 
 imprisonment. Dig. 2. 4. 25; Id. 48. 19. 1; 
 Nov. 4. 3. And see Civ. Code La. art. 2166 ; 
 2 Mart. (La.) 112; 2 La. 354; 11 La. 531; 
 2 Mart. (La.; N. S.) 108; 5 Mart. (La.; 
 N. S.) 299; 4 Wheat. (U. S.) 122. 
 
 CESSIO IN JURE. In Roman law. A 
 fictitious suit, in which the person who was 
 to acquire the thing claimed {vindicabat) 
 the thing as his own, the person who was to 
 transfer it acknowledged the justice of the 
 claim, and the magistrate pronounced it to 
 be the property (addicebat) of the claim- 
 ant. Sandars, Just. Inst. (5th Ed.) 89, 122. 
 
 CESSION (Lat. cessio, a yielding). 
 
 In Civil Law. An assignment. The 
 
 act by which a party transfers property to 
 another. 
 
 In Ecclesiastical Law. A surrender. 
 
 When an ecclesiastic is created bishop, or 
 when a parson takes another benefice, with- 
 out dispensation, the first benefice becomes 
 void by a legal cession or surrender. Cowell. 
 
 In Governmental Law. The transfer 
 
 of land by one government to another. 
 
 CESSION DES BIENS. In French law. 
 The surrender which a debtor makes of all 
 his goods to his creditors when he finds 
 himself in insolvent circumstances. It is 
 of two kinds, — either voluntary or compijl- 
 sory (jwdiciaire), corresponding very near- 
 ly to liquidation by arrangement and bank- 
 ruptcy in English and American law. 
 
 CESSIONARY. In Scotch law. An as- 
 signee. Bell, Diet. 
 
 CESSIONARY BANKRUPT. One who 
 
 gives up his estate to be divided amongst 
 his creditors. Wharton. 
 
 CESSMENT. An assessment. 
 
 CESSOR. One who ceases or neglects so 
 long to perform a duty that he thereby in- 
 curs the danger of the law. Old Nat. Brev. 
 136. 
 
 CESSURE (Law Fr.) A receiver; a bailiff. 
 Kelham. 
 
 C'EST ASCAVOIR (Law Fr.) That is to 
 say, or to wit. Generally written as one 
 word, ceataseavoir, cestaecavoire. 
 
 Another form was cest asaver, and in one 
 word, cestaeaver. 
 
 C'EST LE CRIME QUI FAIT LA HONTE, 
 
 et non pas I'echafaud. It is the crime which 
 causes the shame, and 'not the scaffold, 
 
 CESTUI, or CESTUY (Law Fr.) He. 
 
 CESTUI QUE TRUST. He for whose 
 benefit another person is seized of lands or 
 tenements, or is possessed of personal prop- 
 erty. 
 
 He who has a right to a beneficial inter- 
 est in and out of an estate the legal title to 
 which is vested in another. 2 Washb. Real 
 Prop. 163. 
 
 Judge Story suggests (1 Eq. Jur. § 321) 
 that the word "beneficiary" be substituted 
 for cestui que trust, and this term has come 
 into very general use as such a substitute. 
 
 CESTUI QUE USE. He for whose benefit 
 land is held by another person. 
 
 He who has a right to take the profits of 
 lands of which another has the legal title 
 and possession, together with the duty of 
 defending the same, and to direct the mak- 
 ing estates thereof. White & T. Lead. Cas. 
 252; 2 Bl. Comm. 330. See 2 Washb. Real 
 Prop. 95. See "Use." 
 
 CESTUI QUE VIE. He whose life Is the 
 measure of the duration of an estate. 1 
 Washb. Real Prop. 88. 
 
 CESTUY QUE DOIT' INHERITER AL 
 pere doit inheriter al fils. He who would 
 have been heir to the father of the deceased 
 shall also be heir of the son. Fitzh. Abr. 
 "Descent" (2); 2 Bl. Comm. 239, 250. 
 
 CF. Abbreviation of conferee, compare. 
 
 CHACE (Law Fr.) A chase or hunting 
 ground. Chacra, a chase or hunting. 
 
 CHACEA. A station for game, more ex- 
 tended than a park, less so than a forest; 
 the liberty of hunting within such limits. 
 Cowell. 
 
 The driving or hunting animals; the way 
 along which animals are driven. Spelman. 
 
 CHACEA EST AD COMMUNEM LEGEM. 
 A chace is by common law. Reg. Brev. 806. 
 
 CHACEABLE (Law Fr.) That which may 
 be chased or hunted. 
 
 CHAFEWAX. An officer in chancery who 
 fits the wax for sealing to the writs, com- 
 missions, and other instruments there made 
 to be issued out. He is probably so called 
 because he warms (,chaufe) the wax. 
 
 CHAFFERS. Anciently signified wares 
 and merchandise. Hence the word chaffer- 
 ing, which is yet used for buying and sell- 
 ing, or beating down the price of an article. 
 The word is used in St. 3 Edw. III. c. 4. 
 
CHAFFERY 
 
 154 
 
 CHAMBER OF ACCOUNTS 
 
 CHAFFERY Traffic; the practice of 
 buying and selling. Rapalje & L. 
 
 CHAIRMAN. (1) Tlie presiding officer 
 of a deliberative body, legislative or other- 
 wise; e. g. the speaker of a house of assem- 
 bly, or of the house of representatives, or 
 the presiding member of a board of direc- 
 tors of a corporation oT association. (2) 
 The president or senior member of a com- 
 mittee. 
 
 CHAIRMAN OF COMMITTEES OF THE 
 whole house. In the English house of com- 
 mons, this officer, always a member, is elect- 
 ed by the house on the assembling of every 
 new parliament. When the house is in com- 
 mittee on bills introduced by the govern- 
 ment, or in committee of ways and means, 
 or supply, or in committee to consider pre- 
 liminary resolutions, it is his duty to pre- 
 side. He sits, not in the speaker's chair, 
 but at the table in the seat of the clerk 
 of the house. On divisions, when the num- 
 bers happen to be equal, he gives the casting 
 vote (q. v.), but in committees he never 
 otherwise votes. In August, 1853, it was, 
 by resolution of the house, decided that, dur- 
 ing' the unavoidable absence of the speaker, 
 this officer should preside in his stead, being 
 only so appointed, however, from day to 
 day. See 18 & 19 Vict. c. 84. In the house 
 of lords the chairman of committees of the 
 whole house is elected by the house every 
 session. He usually holds in addition the 
 office of deputy speaker of the house of 
 lords. Dod. Pari. Comp. 
 
 In American legislative assemblies, the 
 practice is to select a member as presiding 
 officer for the particular session of the com- 
 mittee on resolving to go into committee 
 of the whole.. 
 
 CHALDRON. A measure of capacity, 
 equal to fifty-eight and two-thirds cubic 
 feet, nearly. 
 
 CHALLENGE. An objection to the 
 capacity or right of a person. 
 
 In Practice. An exception to the 
 
 jurors who have been arrayed to pass upon 
 a cause on its trial. 
 
 An exception to those who have been re- 
 turned as jurors. Co. Litt. lB5b. 
 
 The most satisfactory derivation of the 
 word is that adopted by Webster and Crabb, 
 from "call," challeiige implying a calling off. 
 The word is also used to denote exceptions 
 taken to a judge's capacity on account of 
 interest (2 Bin. [Pa.] 454; 4 Bin. [Pa.] 
 349), and to the sheriff for favor as well 
 as affinity (Co. Litt. 158a; 10 Serg. & R. 
 [Pa.] 336; 11 Serg. & R. [Pa.] 303). 
 
 Challenges are of the following classes: 
 
 (1) To the array. Those which apply to 
 all the jurors as arrayed or set in order by 
 the officer upon the panel. Such a challenge 
 is, in general, founded upon some error or 
 manifest partiality committed in obtaining 
 the panel, and which, from its nature, ap- 
 
 plies to all the jurors so obtained. These 
 are not allowed in the United States gen- 
 erally (Colby, Prac. 235; 2 Blatchf. [U. S.] 
 435), the same end being attained by a mo- 
 tion addressed to the court, but are in some 
 states (33 Pa. St. 338; 12 Tex. 252; 24 Miss. 
 445; 1 Mann. [Mich.] 451; 20 Conn. 610; 1 
 Zab. [N. J.] 656). 
 
 (2) To the poll. Those made separately 
 to each juror to whom they apply. 
 
 Challenges to the poll are either: 
 
 (a) For cause, — ^those for which some 
 reason sanctioned by law is assigned. 
 
 (b) Peremptory, — ^those made without 
 assigning any cause, and which must be al- 
 lowed as of course. The number of these 
 is variously limited by statute. 
 
 A challenge for cause lies also to the ar- 
 ray. Challenge for cause was anciently di- 
 vided into challenges: 
 
 (i) For principal cause, — being for such 
 cause as, if substantiated, was sufficient to 
 show bias or disqualification. The grounds 
 of principal challenge were proTpter defec- 
 tum, for disability, as infancy or mental un- 
 soundness; prdpter affectum, for partiality, 
 as where the juror was of kin to the party, 
 or bore some confidential relation to him; 
 propter delictum, on account of crime com- 
 mitted by the juror, whereby he was dis- 
 qualified. 3 Bl. Comm. 361. To these was 
 sometimes added propter honoris respeetum, 
 from respect to a party's rank or nobility. 
 
 (ii) To the favor, — ^those which are found- 
 ed on reasonable ground to suspect that 
 the jury is partial, though the cause be not 
 so evident as to warrant a principal chal- 
 lenge. 
 
 Challenges for principal cause were tried 
 by the court; those to the favor by triors. 
 
 The distinction between challenges to the 
 favor and for principal cause is now obso- 
 lete. 
 
 Several other divisions of challenges for 
 cause have been suggested by American 
 statute or text writers, as that into chal- 
 lenge grounded on general disqualificatipn, 
 and challenges grounded on disqualification 
 in respect of the particular case (Thomp. 
 Trials, § 40), or that into challenges for 
 actual bias, being for actual partiality as 
 to the cause or the parties; and for implied 
 bias, being such relationship towards _ a 
 party or the cause as wiH, in contemplation 
 of law, necessarily give rise to an implica- 
 tion of partiality, such as consanguinity to 
 a party; confidential relation with a party; 
 service on a previous jury in the cause, etc. 
 Gen. St. Minn. 1878, c. 116, §§ 18, 19. 
 
 In Election Law. Formal objection to 
 
 the right of a person to vote at a particular 
 election, or in a particular precinct. Gen- 
 erally made at the time the vote is offered. 
 
 In Criminal Law. A request by one 
 
 person to another to fight a duel. It may be 
 oral or written. 
 
 CHAMBER OF ACCOUNTS. In French 
 law. A sovereign court, of great antiquity 
 
CHAMBER OF COMMERCE 
 
 155 
 
 CHAMPION OF THE KING 
 
 in France, which took cognizance of and 
 registered the accounts of the king's reve- 
 nue. Nearly the same as the English court 
 of exchequer. Enc. Brit. 
 
 CHAMBER OF COMMERCE. A society 
 of the principal merchants and traders of a 
 city, who meet to promote the general trade 
 and commerce of the place. Similar socie- 
 ties exist in all the large commercial cities, 
 and are known by various names, as, 
 "board of trade," etc. 
 
 CHAMBERDEKINS, or CHAMBER DEA- 
 cons. In old English law. Certain poor 
 Irish scholars, clothed in mean habit, and 
 living under no rule; also beggars banished 
 from England. 1 Hen. V. cc. 7, 8; Wharton. 
 
 CHAMBERLAIN (Law Lat. camermrius, 
 cambellarius, cambalarius, chamberlanud, 
 chamberlingus ; from Fr. chambellan) . 
 Keeper of the chamber. Originally the 
 chamberlain was the keeper of the treasure 
 chamber (camera) of the prince or state; 
 otherwise called "treasurer." Cowell, voc. 
 "Chamberlain." See "Camerarius." Sir 
 William Cavendish was treasurer of the 
 chamber in the 24th year of Edward III. 3 
 Coke, 12; Spelman; Cowell. 
 
 The receiver of the rents and revenues of 
 a city. Cowell; Blount. This is the modern 
 meaning of the word in various cities of 
 England and America. 
 
 The name of several high ofHcers of state 
 in England, as the lord great chamberlain 
 of England, lord chamberlain of the house- 
 hold, chamberlain of the exchequer. See 
 Cowell; Blount; Holthouse; Wharton. In 
 modern times, the court officer styled "cham- 
 berlain" has the charge of the private apart- 
 ments of the sovereign or noble to whom 
 he is attached. Brande. 
 
 CHAMBERLARIA. Chamberlainship; the 
 ofRce of a chamberlain. Cowell. 
 
 CHAMBERS. Rooms or apartments. 
 
 The private room of the judge. Any hear- 
 ing before a judge which does not take 
 place during a term of court, or while the 
 judge is sitting in court, or an order issued 
 under such circumstances, is said to be "in 
 chambers." The act may be an official one, 
 and the hearing may be in the court room; 
 but if the court is not in session, it is still 
 said to be done "in chambers." 
 
 In England. The office of a barrister. 
 
 An association of persons habitually meet- 
 ing together, as a chamber of commerce. 
 
 CHAMBERS, WIDOW'S. A portion of the 
 effects of a deceased person, reserved for 
 the use of his widow, and consisting of her 
 apparel and the furniture of her bed cham- 
 ber, is called in London the "widow's cham- 
 ber." 2 Bl. Comm. 518. 
 
 CHAMBIUM. In old English law. Change, 
 or exchange. Bracton, fols. 117, 118. 
 
 Thought by Burrill to be another form of 
 cambium. 
 
 CHAMP DE MAI. See "Campus Mail." 
 
 CHAMP DE MARS. See "Campus Martil." 
 
 CHAMPART. In French law. The grant 
 of a piece of land by the owner to another, 
 on condition that the latter would deliver to 
 him a portion of the crops. 18 Toullier, 
 Dr. Civ. note 182. 
 
 CHAMPERTOR. In criminal law. One 
 who makes pleas or suits, or causes them 
 to be moved, either directly or indirectly, 
 and sues them at his proper costs, upon 
 condition of having a part of the gain. St. 
 33 Edw. I. St. 2. 
 
 CHAMPERTY. A bargain with a plaintiff 
 or defendant campum pa/rtire to divide the 
 land or other matter sued for, between 
 them, if they prevail at law, whereupon 
 the champerter is to carry on the parties' 
 own suit at his own expense. 112 111. 475. 
 
 A bargain with a plaintiff or defend- 
 ant, in a suit for a portion of the land or 
 other matter sued for, in case of a suc- 
 cessful termination of the suit which the 
 champertor undertakes to carry on at his 
 own expense. 4 Bl. Comm. 435. 
 
 "The unlawful maintenance of a suit in 
 consideration of part of the debt or other 
 thing in dispute." Hawk. P. C. c. 84, § 1. 
 
 The gist of the offense consists in the 
 mode of compensation, irrespective of the 
 particular manner in which the suit is to 
 be maintained. 4 Kern. (N. Y.) 289; 1 
 Hawk. P. C. 455, §§ 5-11. 
 
 There must be an actual assistance, and 
 not merely an offer to assist. 1 Hempst. 
 300. 
 
 On the other hand, it has been held, fol- 
 lowing the definition of Blackstone, that a 
 promise to pay the expenses or costs is 
 essential. 57 Ga. 263; 13 Ohio, 167. 
 
 It is ' not essential that there be a suit 
 commenced at the time of making the agree- 
 ment. 14 Ky. 412. 
 
 Champerty differs from maintenance 
 chiefly in this, that in champerty the com- 
 pensation to be given for the service ren- 
 dered is a part of the matter in suit, or some 
 profit growing out of it (16 Ala. 488; 24 
 Ala. [N. S.] 472; 9 Mete. [Mass.] 489; 1 
 Jones,, Eq. [N. C] 100; 5 Johns. Ch. [N. Y.] 
 44; 4 Litt. [Ky.] 117), while in simple main- 
 tenance the question of compensation does 
 not enter into the account (2 Bish. Crim. 
 Law, § 111). See 4 Bl. Comm. 134, note. 
 
 CHAMPION. In old English law. He 
 who fights for another, or takes his place 
 in a quarrel ; one who fights his own battles. 
 Bracton, lib. 4, tit. 2, c. 12. 
 
 CHAMPION OF THE KING OR QUEEN. 
 
 An ancient officer, whose duty it was to ride 
 armed cap-o-pie, into Westminster Hall at 
 
CHANCE 
 
 156 
 
 CHANCERY 
 
 the coronation, while the king was at din- 
 ner, and, by the proclamation of a herald, 
 make a challenge "that, if any man shall 
 deny the king's title to the crown, he is 
 there ready to defend it in single combat." 
 The king drank to him, and sent him a gilt 
 cup covered, full of wine, which the cham- 
 pion drank, retaining the cup for his fee. 
 The ceremony has been discontinued. Whar- 
 ton. 
 
 CHANCE. "Pure chance consists in the 
 absence of all means of calculating results." 
 Morris (Iowa) 169. It is to be distin- 
 guished from "accident," which is "the un- 
 usual prevention of an effect naturally re- 
 sulting from the means employed." Id. _ 
 
 Chance is always undeterminable; it 
 neither forms nor designs; intention is 
 never attributed to it; its events are uncer- 
 tain. 59 111. 165. 
 
 CHANCE-MEDLEY. In criminal law. A 
 sudden affray. This word is sometimes ap- 
 plied to any kind of homicide by misadven- 
 ture, but in strictness it is applicable to 
 such killing only as happens in defending 
 one's self. 4 Bl. Comm. 184. 
 
 CHANCELLOR. 
 
 In the United States. The presiding 
 
 judge of a court of chancery. 
 
 In England. A judicial officer of the 
 
 king; a bishop or other high dignitary. See 
 "Chancellor of the Exchequer," etc 
 
 CHANCELLOR OF A CATHEDRAL. One 
 
 of the quattuor personae, or lour chief dig- 
 nitaries of the cathedrals of the old founda- 
 tion. The duties assigned to the oflBce by 
 the statutes of the different chapters vary, 
 but they are chiefly of an educational char- 
 acter, with a special reference to the culti- 
 vation of theology. Rapalje & L. 
 
 CHANCELLOR OF DIOCESE. A judicial 
 officer who dcts as the delegate of the 
 bishop in hearing ecclesiastical causes, etc. 
 The office generally includes in it two other 
 oflfices, — that of official principal, and that 
 of vicar general (q. v.; and see "Court of 
 Arches"). Phillim. Ecc. La*, 1208; 1 Bl. 
 Comm. 382. 
 
 CHANCELLOR OF THE DUCHY OF 
 
 Lancaster. In English law. An officer be- 
 fore whom, or his deputy, the court of the 
 duchy chamber of Lancaster is held. This 
 is a special jurisdiction concerning all man- 
 ner of equity relating to lands holden of 
 the king in right of the duchy of Lancaster. 
 Hob. 77; 3 Bl. Comm. 78. 
 
 CHANCELLOR OF THE EXCHEQUER. 
 
 A minister of state who presides in the ex- 
 chequer, and takes care of the interests of 
 the crown, in addition to his other parlia- 
 mentary duties. With the lord treasurer, he 
 leases the crown lands, and the two offices 
 are often granted to the same person. Whar- 
 ton. In addition to his duties in reference 
 
 to the treasury of the king, the chancellor 
 also sat as one of the judges in the equity 
 court. 3 Bl. Comm. 45. 
 
 CHANCELLOR, THE LORD HIGH. The 
 lord high chancellor of Great Britain Is 
 "created by the mere delivery of the king's 
 great seal into his custody, whereby he be- 
 comes, without writ or patent, an officer of 
 the greatest weight and power of any now 
 subsisting in the kingdom, and superior in 
 point of precedency to every temporal lord. 
 He is a privy councillor by his office, and, 
 according to Lord Chancellor Ellesmere, 
 prolocutor (or speaker) of the house of 
 lords by prescription. To him (under the 
 crown) belongs the appointment of all jus- 
 tices of the peace throughout the kingdom. 
 Being formerly usually an ecclesiastic (for 
 none else was then capable of an office so 
 conversant in writings), and presiding over 
 the royal chapel, he became keeper of the 
 king's conscience, visitor (in right of 
 the king) of all hospitals and colleges of the 
 king's foundation, and patron of all the 
 king's livings under the value of twenty 
 marks per annum in the king's books. 
 Twelve canonries and 650 livings are now 
 in the gift of the lord chancellor. Second 
 Rep. Leg. Dep. Comm. 34. He is the gen- 
 eral guardian of all infants, idiots, and 
 lunatics, and has the general superinten- 
 dence of all charitable uses in the king- 
 dom." 3 Bl. Comm. 47. See Butler's note 
 to Co. Litt. 290b. He was formerly the 
 principal judge of the court of chancery, 
 and is now president of the court of appeal, 
 of the high court of justice, and of the 
 chancery division of the high court, and 
 acts as president of the house of lords 
 when sitting as a court of appeal. He is 
 therefore, of course, a barrister, and, as a 
 rule, has previously either been attorney or 
 solicitor general, or held some judicial office. 
 He is also a cabinet minister, and has 
 charge in the house of lords, of all legal 
 measures brought forward by the govern- 
 ment. See "Chancery;" "Vice Chancellor." 
 
 CHANCELLORS' COURTS IN THE TWO 
 universities. In English law. Courts of 
 local jurisdiction in and for the two uni- 
 versities of Oxford and Cambridge in Eng- 
 land. These courts have jurisdiction of' all 
 civil actions or suits, except those in which 
 a right of freehold is involved, and of all 
 criminal offenses and misdemeanors, under 
 the degree of treason, felony, or mayhem, 
 at Oxford when a scholar or privileged per- 
 son is one of the parties, and at Cambridge 
 when both parties are scholars or privileged 
 persons, and the cause of action arose with- 
 in the town of Cambridge or its suburbs. 
 3 Sharswood, Bl. Comm. 83, note; St. 19 & 
 20 Vict. c. 17, § 18; Id. c. 88; Rep. temp. 
 Hardw. 241; 2 Wils. 406; 12 East, 12; 13 
 East, 635; 15 East, 634. 
 
 CHANCERY. See "Court of Chancery.' 
 
CHANGE 
 
 157 
 
 CHARGE 
 
 CHANGE. As applied to money, the verb 
 "change" means to convey it to some one 
 who would give what in popular language 
 is denominated "change," in exchange for it. 
 104 111. 585. 
 
 As applied to money, the noun "change" 
 means bills, or gold or silver coins, or some 
 of each, of lesser denominations, in amount 
 of equal value. 104 111. 535. 
 
 CHANGER. Now obsolete. An officer of 
 the English mint, whose duty was to ex- 
 change coin for bullion. 
 
 CHANNEL. The entire body of a stream 
 from bank to bank, rather than the deep 
 or navigable thread of it (55 Iowa, 558), 
 the latter being more accurately the "main 
 channel." 
 
 CHANTRY. A church or chapel endowed 
 with lands for the maintenance of priests 
 to say mass daily for the souls of the do- 
 nors. Termes de la Ley; Cowell. 
 
 CHAPEL OF EASE. One which is used 
 only for the ease of the parishioners in 
 prayers and preaching, while the sacraments 
 and burial are received and performed at 
 the mother church. The curate of such a 
 chapel is generally removable at the pleas- 
 ure of the parochial minister. 
 
 CHAPELRY. The precinct of a chapel; 
 the same thing for a chapel that a parish 
 is for a church. Termes de la Ley; Cowell. 
 
 CHAPELS. Places of worship. They may 
 be either "private" chapels, such as are 
 built and maintained by a private person 
 for his own use and at his own expense, or 
 "free" chapels, so called from their free- 
 dom or exemption from all ordinary juris- 
 diction, or chapels "of ease," which are built 
 by the mother church for the ease and con- 
 venience of its parishioners, and remain un- 
 der its jurisdiction and control. 
 
 CHAPERON. A hood or bonnet anciently 
 worn by the Knights of the Garter, as part 
 of the habit of that order. Also a little 
 escutcheon fixed in the forehead of horses 
 drawing a hearse at a funeral. Wharton. 
 
 CHAPITRE. A summary of matters to be 
 inquired of or presented before justices in 
 eyre, justices of assize, or of the peace, in 
 their sessions. Also articles delivered by 
 the justice in his charge to the inquest.. 
 Britt. c. iii. 
 
 CHAPLAIN. 
 
 (1) An ecclesiastic who performs divine 
 service in a chapel; but it more commonly 
 means one who attends upon a king, prince, 
 or other person of quality, for the perform- 
 ance of clerical duties in a private chapel. 
 4 Coke, 90; Wharton. 
 
 (2) A clergyman officially attached to a 
 ship of war, to an army or regiment, or to 
 some public institution, for the purpose of 
 performing divine service. Webster. 
 
 CHAPMAN (said to be from German cope- 
 man). A trader who trades from place to 
 place. Ryder, C. J., construing St. 5 Anne, 
 c. 14. 
 
 CHAPTER. In ecclesiastical law. A con- 
 gregation of clergymen. Such an assembly 
 is termed capitulum, which signifies a little 
 head; it being a kind of head, not only to 
 govern the diocese in the vacation of the 
 bishopric, but also for other purposes. Co. 
 Litt. 103. 
 
 CHARACTER. In evidence. The opinion 
 generally entertained of a person derived 
 from the common report of the .people who 
 are acquainted with him. 3 Serg. & R. 
 (Pa.) 336; 3 Mass. 192; 3 Esp. 236; 40 Neb. 
 810. 
 
 In its technical use, the word has lost its 
 ordinary significance, and in such use is 
 synonymous with "repute." 
 
 The moral character and conduct of a 
 person in society may be used in proof be- 
 fore a jury in three classes of cases: First, 
 to afford a presumption that a particular 
 party has not been guilty of a criminal act 
 (17 Mich. 9; 14 Mo. 502) ; second, to affect 
 the damages in particular cases, where their 
 amount depends on the character and con- 
 duct of any individual (30 N. Y. 285; 8 
 Iowa, 29; 4 Gush. [Mass.] 217) ; and, third, 
 to impeach or confirm the veracity of a 
 witness (16 Ohio St. 218; 7 N. Y. 378). 
 
 CHARGE. A duty or obligation imposed 
 upon some person; a lien, incumbrance, or 
 claim which is to be satisfied out of the 
 specific thing or proceeds thereof to which it 
 applies. 
 
 To impose such an obligation; to create 
 such a claim. 
 
 To accuse. 
 
 The distinctive significance of the term 
 rests in the idea of obligation directly bear- 
 ing upon the individual thing or person to 
 be affected, and binding him or it to the 
 discharge of the duty or satisfaction of the 
 claim imposed. Thus, charging an estate 
 with the payment of a debt is appropriating 
 a definite portion to the particular purpose; 
 charging a person with the commission of a 
 crime is pointing out the individual who is 
 bound to answer for the wrong committed; 
 charging a jury is stating the precise prin- 
 ciples of law applicable to the case imme- 
 diately in question. In this view, a charge 
 will, in general terms, denote a responsi- 
 bility peculiar to the person or thing affect- 
 ed and authoritatively imposed, or the act 
 fixing such responsibility. 
 
 In Contracts. An obligation, binding 
 
 upon him who enters into it, which may be 
 removed or taken away by a discharge. 
 Termes de la Ley. 
 
 An undertaking to keep the custody of 
 another person's goods. 
 
 An obligation entered into by the owner 
 of an estate, which binds the estate for its 
 
CHARGE AND DISCHARGE 
 
 158 
 
 CHARITY 
 
 performance. Comyn, Dig. "Rent," c. 6; 2 
 Ball & B. 223. 
 
 In Devises. A duty imposed upon a 
 
 devisee, either personally, or with respect 
 to the estate devised. 
 
 In Equity Pleading. An allegation In 
 
 the bill of matters which disprove or avoid 
 a defense which it is alleged the defendant 
 is supposed to pretend or intend to set up. 
 Story, Eq. PI. § 31. 
 
 In Practice. The instructions given 
 
 by the court to the grand jury or inquest 
 of the county, at the commencement of 
 their session, in regard to their duty. 
 
 The exposition by the court to the petit 
 jury of those principles of the law which 
 the latter are bound to apply in order to 
 render such a verdict as will, in the state 
 of facts proved at the trial to exist, estab- 
 lish the rights of the parties to the suit. 
 
 CHARGE AND DISCHARGE. In equity 
 practice. The mode or form of accounting 
 before a master. Where a decree or order 
 of the court directs an account to be taken 
 and examined before a master, in such case 
 the plaintiff delivers in an account before 
 the master, in the form of a charge (q. v.) 
 against the defendant, which being exam- 
 ined and gone through, the defendant or ad- 
 verse party must bring in his discharge 
 (q. V.) against such charge, which being 
 likewise examined and gone through, the 
 master will exercise his judgment upon the 
 evidence, and allow or disallow the charge, 
 or any part of it, as he thinks proper; and 
 so, e contra, as to the discharge, after which 
 the report is made. Cunningham ; Whishaw ; 
 2 Daniell, Ch. Pr. 1420-1422; Hoffman, Mas- 
 ter in Chancery, 36-39. 
 
 CHARGE DES AFFAIRES, or CHARGE 
 ^'affaires. In international law. The title 
 of a diplomatic representative or minister 
 of an inferior grade, to whose care are con- 
 fided the affairs of his nation. 
 
 He has not the title of minister, and is 
 generally introduced and admitted through 
 a verbal presentation of the minister at his 
 departure or through letters of credence ad- 
 dressed to the minister of state of the court 
 to which he is sent. He has the essential 
 rights of a minister. 1 Kent, Comm. 39, 
 note; 4 Dall. (Pa.) 321; 2 Story, U. S. 
 Laws, 1171. 
 
 CHARGE TO ENTER HEIR. In Scotch 
 law. A writ commanding a person to enter 
 heir to his predecessor within forty days; 
 otherwise, an action to be raised against 
 him as if he had entered. 
 
 The heir might appear and renounce the 
 succession, whereupon a decree cognitionis 
 causa passed, ascertaining the creditor's 
 debt. If the heir did not appear, he then 
 became personally liable to the creditor. A 
 charge was either general, or special, or 
 general special. Charges are now abolished, 
 ■ by 10 & 11 Vict. c. 48, § 16, and a summons 
 
 of constitution against the unentered heir 
 substituted. 
 
 CHARGEANT. Weighty; heavy; penal; 
 expensive. Kelham. 
 
 CHARGES. The expenses which have 
 been incurred in relation- either to a trans- 
 action or to a suit. It is a larger term than 
 "costs." 
 
 CHARGING ORDER. By 1 & 2 Vict. c. 
 110, §§ 14-16, and 3 & 4 Vict. c. 82, when 
 judgment has been recovered in an action, a 
 judge at chambers may make an order that 
 any government stock, funds, or annuities, 
 or any stock or shares in a public company 
 in England, standing in the name of the 
 judgment debtor in his own right, or in the 
 name of any person as trustee for him, shall 
 stand charged with the payment of the judg- 
 ment debt. Smith, Actions, 211; Rules of 
 Court, xlvi, 1. The effect is to prevent the 
 transfer of the stock, and to give the judg- 
 ment creditor all the remedies which he 
 would have been entitled to if the charge 
 had been made in his favor by the judg- 
 ment debtor, but he cannot enforce it until 
 six months from the date of the order. 1 & 
 2 Vict. c. 110, § 14; Pish. Mortg. 113 et 
 seq. 
 
 CHARITABLE USES, or CHARITIES. 
 
 Gifts to general public uses, which may ex- 
 tend to the rich as well as the poor. Ambl. 
 651; 2 Sneed (Tenn.) 305. 
 
 Gifts to such purposes as are enumerated 
 in Act 43 Eliz. c. 4, or which, by analogy, 
 are deemed within its spirit or intendment. 
 Boyle, Charity, 17. 
 
 "Whatever is given for the love of God, 
 or for the love of your neighbor, in , the 
 catholic or universal sense, free from the 
 stain or taint of every consideration that 
 is personal, private or selfish," is a gift 
 for charitable uses. 2 How. (U. S.) 127. 
 The essentials are (1) that the gift be for 
 the benefit of an indefinite number of per- 
 sons (14 Allen [Mass.] 556; 107 U. S. 182)_; 
 (2) that it be free from contractual obli- 
 gation in or consideration to the donor (33 
 Pa. St. 419) ; (3) that the purpose be hu- 
 manitarian in the broadest sense, whether 
 it be religious (12 Mass. 537), educational 
 (35 N. H. 445; 34 N. J. Eq. 101), benevo- 
 lent (91 Mass. 442; 54 Ind. 549), or public 
 (163 Mass. 509; 5 Del. Ch. 51). 
 
 CHARITY. The word "charity" in its 
 widest sense, denotes all the good affection 
 which men ought to bear towards each 
 other, and in this sense it embraces all that 
 is usually understood by the word benevo- 
 lence, philanthropy and good will. In 
 its more restricted sense it means merely 
 relief or alms to the poor. In neither of 
 these senses is it employed by the courts 
 when used as descriptive of those uses and 
 trusts which will be upheld as charitable. 
 The words charity and charitable uses, at 
 
CHARIVARI 
 
 159 
 
 CHARTER OF PARDON 
 
 least in a state, where the statute of 
 43 Elizabeth, chap. 4, commonly known as 
 the Statute of Charitable Uses, is held to 
 be in force, must be determined with ref- 
 erence to the provisions of that statute. 
 Among the results accomplished by the stat- 
 ute of Elizabeth was the establishment of 
 an enumeration or kind of definition, stand- 
 ard or test, to which all gifts and grants 
 in trust could be brought in order to deter- 
 mine whether they were charitable.' Ac- 
 cordingly, since the statute, no bequests are 
 deemed within the authority of chancery 
 and capable of being established and 
 regulated thereby, except bequests for 
 those purposes which the statute enu- 
 merates as charitable, or which, by 
 analogy, are deemed to be witjiin its spirit 
 or intendment. Perry on Trusts, pars. 696, 
 697; 2 Story's Eq. Juris, par. 1155. It is 
 true many purposes not enumerated in the 
 statute have been held to be charitable on 
 the ground that though not within its let- 
 ter, they are within its spirit, intention 
 and principle. On the other hand, many 
 objects of a general nature, though laudable 
 and beneficent in their character, and of 
 general utility, are held not to be included 
 within the legal definition of charity. See 
 2 111. App. 377. 
 
 Whatever is given f»r the love of God 
 or the love of one's neighbor, in the catho- 
 lic and universal sense — given from these 
 motives and to these ends — free from the 
 stain or taint of every consideration that 
 is personal, private or selfish. 75 111. App. 
 411. 
 
 A gift, to be applied consistently with 
 existing laws, for the benefit of an indefi- 
 nite number of persons, either by bringing 
 their hearts under the influence of educa- 
 tion or religion, by relieving their bodies 
 from disease, suffering or constraint, by 
 assisting them to establish themselves for 
 life, or by erecting or maintaining public 
 buildings or works or otherwise lessening 
 the burthens of government, it being im- 
 material whether the purpose is called char- 
 itable in the gift itself, if it is so described 
 as to show that it is charitable in its na- 
 ture. 242 111. 27. 
 
 CHARIVARI. A mock serenade of dis- 
 cordant noises made with kettles, tin horns, 
 etc., designed to annoy and insult; a vile or 
 noisy music made with tin horns, bells, 
 kettles, pans, etc., in derision of some per- 
 son or event; a mock serenade. 198 111. 
 137. 
 
 CHARRE, or CHARRUS. A weight ol 
 lead, consisting of thirty pigs at seventy 
 pounds each. Cowell. 
 
 CHARTA. A charter or deed in writing; 
 any signal or token by which an estate was 
 held. 
 
 ■ Charta Chyrographata. An indenture. 
 
 The two parts were written on the same 
 sheet, and the word "chyrograph" written 
 
 between them in such a manner as to divide 
 the word in the separation of the two parts 
 of the indenture. 
 
 Charta Communis. An indenture. 
 
 Charta Partita. A charter party. 
 
 Charta de Una Parte. A deed poll; a 
 
 deed of one part. 
 
 Formerly this phrase was used to distin- 
 guish a deed poll — which is an agreement 
 made by one party only; that is, only one 
 of the parties does any act which is bind- 
 ing upon him — from a deed inter partes. 
 Co. Litt. 229. See "Deed Poll." 
 
 CHARTA DE FORESTA. A collection of 
 the laws of the forest, made in 9 Hen. III., 
 and said to have been originally a part of 
 Magna Charta. 
 
 CHARTA DE NON ENTE NON VALET. 
 
 A charter or deed of a thing not in being 
 is not valid. Co. Litt. 36. 
 
 CHARTAE UBE.RTATUM. Magna Charta 
 and Charta de Foresta {q. v.) 
 
 CHARTARUM SUPER FiDEM, IVIORTUIS 
 testibus, ad patriam de necessitudine, re- 
 currendum est. The witnesses being dead, 
 the truth of charters must, of necessity, be 
 referred to the country. Co. Litt. 36. 
 
 CHARTE PARTIE (Fr.) In French ma- 
 rine law. A charter party. Ord. Mar. liv. 
 3, tit. 1. 
 
 CHARTEL. A challenge to single combat. 
 Used at the period when trial by single 
 combat existed. Cowell. 
 
 CHARTER. A grant made by the sover- 
 eign, either to the whole people, or to a 
 portion of them, securing to them the en- 
 joyment of certain rights. 1 Story, Const. 
 § 161; 1 Bl. Comm. 108. 
 
 Formerly included all deeds relating to 
 hereditaments, especially deeds of feoffment 
 (Co. Litt. 7a, 9b), but in this sense the term 
 is now obsolete, and is now confined to 
 grants by the government, the principal 
 ones being grants of power to form corpora- 
 tions, either municipal or private. 
 
 CHARTER HOUSE. Formerly a convent 
 of Carthusian monks in London; now a col- 
 lege founded and endowed by Thomas Sut- 
 ton. The governors of the charter house 
 are a corporation aggregate without a head, 
 president, or superior, all the members be- 
 ing of equal authority. 3 Steph. Comm. 
 (7th Ed.) 14, 97. 
 
 CHARTER LAND. In English law. Land 
 formerly held by deed under certain rents 
 and free services. It differed in nothing 
 from free socage land; and it was also 
 called "bookland." 2 Bl. Comm. 90. 
 
 CHARTER OF PARDON (Law Lat. 
 charta, or carta perdonationis) . In Eng- 
 lish criminal law. A charter or instru- 
 ment under the great seal, by which a man 
 
CHARTER PARTY 
 
 160 
 
 CHATTEL MORTGAGE 
 
 is forgiven a felony, or other offense com- 
 mitted against the king's crown and dignity. 
 Brown, Abr. "Charter of Pardon;" Dyer, 
 34 Cowell; 4 Bl. Comm. 400, 402. See the 
 old form, Reg. Orig. 288, 308. And see 2 
 Reeve, Hist. Eng. Law, 437. 
 
 CHARTER PARTY. A contract of af- 
 freightment, by which the owner of a ship 
 or other vessel lets the whole or a part of 
 her to a merchant or other person for the 
 conveyance of goods, on a particular voyage, 
 in consideration of the payment of freight. 
 3 Kent, Comm. 201. 
 
 The term is derived from the fact that the 
 contract which bears this name was for- 
 merly written on a card, and afterwards 
 the card was cut into two parts from top 
 to bottom, and one part was delivered to 
 each of the parties, which was produced 
 when required, and hy this means counter- 
 feits were prevented; the card so cut being 
 called charta partita. 
 
 CHARTER ROLLS (Law Lat. rotuli car- 
 tarum). Rolls preserved amongst the an- 
 cient English records, containing the royal 
 charters from the year 1199 to 1516. They 
 comprise grants of privileges to cities, 
 towns, bodies corporate, and private trad- 
 ing companies; grants of markets, fairs, 
 and free warrens, of creations of nobility, 
 of privileges to religious houses, etc. Hub- 
 back, Ev. Success. 616, and notes. 
 
 CHARTERER. One who engages a ship 
 for a voyage. 
 
 CHARTIS REDDENDIS (Lat. for return- 
 ing charters), A writ which lay against 
 one who had charters of feoffment intrusted 
 to his keeping which he refused to deliver. 
 Reg. Orig. 159. It is now obsolete. 
 
 CHARTOPHYLAX. In old E)uropean law. 
 A keeper of records or public instruments; 
 a chartulary; a registrar. Spelman. 
 
 CHARUE. In old English law. A plow. 
 Bestes des charues, beasts of the plow. Ar- 
 tie. Sup. Chart, c. 12; Britt. c. 21. 
 
 CHASE. The liberty or franchise of hunt- 
 ing one's self and keeping protected against 
 all other persons beasts of the chase within 
 a specified district, without regard to the 
 ownership of the land. 2 Bl. Comm. 414- 
 416. 
 
 The district within which such privilege 
 is to be exercised. 
 
 A chase is a franchise granted to a sub- 
 ject, and hence is not subject to the forest 
 laws. 2 Bl. Comm. 38. It differs from a 
 park, because it may be another's ground, 
 and is not inclosed. It is said by some to 
 be smaller than a forest, and larger than 
 a park. Termes de la Ley. But this seems 
 to be a customary incident, and not an es- 
 sential quality. 
 
 The act of acquiring possession of ani- 
 mals ferae naturae by force, cunning, or ad- 
 dress. 
 
 CHASTITY. That virtue which prevents 
 the unlawful commerce of the sexes. Con- 
 tent without lawful venery is continence; 
 without unlawful is chastity. Webster. 
 
 CHATTEL (Norman Fr.) Goods of any 
 kind; every species of property, movable or 
 immovable, which is less than a freehold. 
 
 In the grand coustumier of Normandy it 
 is described as a mere movable, but is set 
 in opposition to a fief or feud; so that not 
 only goods, but whatever was not a feud 
 or fee, were accounted chattels, and it is 
 in this latter sense that our law adopts it. 
 2 Bl. Comm. 385. 
 
 Blackstone says that the word "chat- 
 tels" is derived from the Latin word "catal- 
 la," which in a secondary sense was applied 
 to all movables in general. 19 111. 584. 
 
 The word "chattels" is a more compre- 
 hensive term than "goods," and includes 
 animate as well as inanimate property, such 
 as slaves, horses, cattle, while "goods" does 
 not include such property. 19 111. 584. 
 
 Real chattels are interests which are an- 
 nexed to or concern real estate, as, a lease 
 for years of land; and the duration of the 
 lease is immaterial, whether it be for one 
 or a thousand years, provided there be a 
 certainty about it, and a reversion or re- 
 mainder in some other person. A lease to 
 continue until a certain sum of money can 
 be raised out of thfe rents is of the same 
 description; and so in fact will be found toi 
 be any other interest in real estate whose 
 duration is limited to a time certain be- 
 yond which it cannot subsist, and which is, 
 therefore, something less than a freehold. 
 
 Personal chattels are properly things 
 movable, which may be carried about by 
 the owner, such as animals, household stuff, 
 money, jewels, corn, garments, and every- 
 thing else that can be put in motion, and 
 transferred from one place to another, and 
 the incorporeal hereditaments that grow 
 out of movables. 2 Kent, Comm. 340; Co. 
 Litt. 48a; 4 Coke, 6; 5 Mass. 419; 1 N. H. 
 350; Story, Eq. Jur. §§ 1021, 1040. See 
 "Personal Property." 
 
 CHATTEL INTEREST. An interest In 
 corporeal hereditaments less than a free- 
 hold. 2 Kent, Comm. 342. 
 
 There may be a chattel interest in real 
 property, as in case of a lease. Stearns, 
 Real Actions, 115. A term for years, no 
 matter of how long duration, is but a chat- 
 tel interest, unless declared otherwise" by 
 statute. See the subject fully treated in 1 
 Washb. Real Prop. 310 et seq. 
 
 CHATTEL MORTGAGE. At common law, 
 a sale of a chattel on a condition subse- 
 quent, upon performance of which the title 
 revests in the mortgagor, and upon breach 
 of Xyhich the mortgagee's title becomes ab- 
 solute. 
 
 It differs from a pledge, in that the title 
 to the property, rather than the possession 
 
CHAUD-MEDLEY 
 
 161 
 
 CHEVAGE 
 
 thereof, constitutes the security. 87 N. Y. 
 209; 37 Mich. 484. 
 
 It differs from a vendor's lien in that a 
 lienor has no title to the property. 23 Ohio 
 St. 114; 40 Me. 412. 
 
 It differs from a sale wherein the title is 
 retained by the seller until the performance 
 of some condition, in that no title passes 
 from the debtor to the creditor, but the cred- 
 itor simply retains a title which the debtor 
 never had. 88 111. 447; 16 Ind. 380. 
 
 It differs from a sale with a right of re- 
 purchase in that the latter transaction is 
 not a security for an obligation. 
 
 It differs from an assignment for the 
 benefit of creditors, which is not a security, 
 but implies an absolute appropriation of the 
 property to the payment of the indebted- 
 ness. Hammon, Chat. Mortg. §§ 1-7. 
 
 CHAUD-MEDLEY (Fr. chaud). The kill- 
 ing of a person in the heat of an affray. 
 
 It is distinguished by Blackstone from 
 chance-medley, an accidental homicide. 3 
 BI. Comm. 184. The distinction is said to 
 be, however, of no great importance. 1 Russ. 
 Crimes, 660. Chance-medley is said to be 
 the killing in self-defense, such as happens 
 on a sudden reencounter, as distinguished 
 from an accidental homicide. Id. 
 
 CHAUNTRY RENTS. Money paid to the 
 crown by the servants or purchasers of 
 chauntry or chantry lands. 22 Car. II. c. 
 6. See "Chantry." 
 
 CHEAT. "Deceitful practices in defraud- 
 ing or endeavoring to defraud another of his 
 known right, by some willful device, con- 
 trary to the plain rules of common honesty." 
 Hawk. P. C. bk. 2, c. 23, i 1. "The fraud- 
 ulent obtaining the property of another by 
 any deceitful and illegal practice or token 
 (short of felony) which affects or may af- 
 fect the public." It did not include mere 
 false pretenses. East, 818. 
 
 In order to constitute a cheat or indict- 
 able fraud, there must be a use of false to- 
 kens, false weights, or such other devices, 
 or a prejudice received, and such injury 
 must affect the public welfare, or have a 
 tendency so to do. 2 East, P. C. 817; 1 
 Gabbett, Crim. Law, 199; 1 Deac. Crim. 
 Law, 225. 
 
 CHEATERS, or ESCHEATORS. Officers 
 appointed to look after the king's escheats, 
 a duty which gave them gn^eat opportuni- 
 ties of fraud and oppression, and in con- 
 sequence many complaints were made of 
 their misconduct. Hence it seems that a 
 "cheater" came to signify a fraudulent per- 
 son, and thence the verb to "cheat" was 
 derived. Rapalje & L. 
 
 CHECK. Contracts. A written order or 
 request, addressed to a bank or persons car- 
 rying on the business of banking, by a party 
 having money in their hands, on deposit, 
 desiring them to pay, on presentment, to 
 
 a person therein named, or bearer, or to 
 such person, or order, a named sum of 
 money. 
 
 The chief differences between checks and 
 bills of exchange are: First, a check is not 
 due until presented, and, consequently, it 
 can be negotiated any time before present- 
 ment, and yet not subject the holder to any 
 equities existing between the previous par- 
 ties. 3 Johns. Cas. (N. Y.) 5, 9; 9 Barn. & 
 C. 388; Chit. Bills (8th Ed.) 546. Secondly, 
 the drawer of a check is not discharged for 
 want of immediate presentment with due 
 diligence, while the drawer of a bill of ex- 
 change is. The drawer of a check is only 
 discharged by such neglect when he sus- 
 tains actual damage by it, and then only pro 
 tanto. 6 Cow. (N. Y.) 484; Kent, Comm. 
 lect. 44 (5th Ed.) p. 104, note; 3 Johns. 
 Cas. (N. Y.) 5, 259; 10 Wend. (N. Y.) 306; 
 2 Hill (N. Y.) 425. Thirdly, the death of 
 the drawer of a check rescinds the authority 
 of the banker to pay it, while the death of 
 the drawer of a bill of exchange does not 
 alter the relations of the parties. 3 Man. 
 & G. 571-573. Fourthly, checks, unlike 
 bills of exchange, are always payable with- 
 out grace. 25 Wend. (N. Y.) 672; 6 Hill 
 (N. Y.) 174. 
 
 CHECKBOOK. A book containing blanks 
 for checks. 
 
 CHECK ROLL. A list or book, containing 
 the names of such as are attendants on, or 
 in the pay of, the queen or other great per- 
 sonages, as their household servants. 19 Car. 
 II. c. 1. Rapalje & L. 
 
 CHECKER. The old Scotch form of ex- 
 chequer. Skene de Verb. Sign. 
 
 CHEFE. In Anglo-Norman law. Were or 
 weregfild; the price of the head or person 
 (capitis' pretium). Laws Gul. Conq. 11. 
 
 CHEMERAGE. In old French law. The 
 privilege or prerogative of the eldest. See 
 "Chemier." 
 
 CHEMrER (Fr.) In old French law. The 
 eldest bom. A term used in Poitou and 
 other places. Guyot, Inst. Feud. c. 18, § 4. 
 
 CHEMIN (Fr.) The road wherein every 
 man goes; the king's highway. Called in 
 law Latin via regia. Often spelled chimin. 
 Termes de la Ley; Cowell; Spelman. 
 
 CHEMIS. In old Scotch law. A mansion 
 house. 
 
 CHEVAGE. A sum of money paid by vil- 
 leins to their lords in acknowledgment of 
 their villeinage. It was paid to the lord in 
 token of his being chief or head. It was 
 exacted for permission to marry, and also 
 for permission to remain without the do- 
 minion of the lord. When paid to the king, 
 it was called "subjection." Termes de la 
 Ley; Co. Litt. 140a; Spelman. 
 
CHEVANTIA 
 
 162 
 
 CHIMNEY MONET 
 
 CHEVANTIA. A loan, or advance of 
 money on credit. See "Chevisance." 
 
 CHEVISANCE (Fr. agreement). A bar- 
 gain or contract; an unlawful bargain or 
 contract. 
 
 CHEVITIAE (Lat.) In old records. Pieces 
 of ground, or heads at the end of plowed 
 lands. 2 Mon. Angl. 116; Cowell; Blount. 
 
 CHEZE. A homestead or homesfall which 
 is accessory to a house. Rapalje & L. 
 
 CHICANE. The use of tricks and artifice. 
 
 CHIEF. One who is put above the rest; 
 • principal; the best of a number of things. 
 
 Declaration in Chief. A declaration 
 
 for the principal cause of action. 1 Tidd, 
 Prac. 419. 
 
 ^Examination in Chief. The first ex- 
 amination of a witness by the party who 
 produces him. 1 Greenl. Ev. § 445. 
 
 Tenant in Chief. One who held di- 
 rectly of the king. 1 Washb. Real Prop. 19. 
 
 CHIEF BARON. The title of the chief 
 justice of the English court of exchequer. 3 
 Bl. Comm. 44. 
 
 CHIEF JUSTICE. The presiding or prin- 
 cipal judge of a court. 
 
 CHIEF JUSTICIAR. Under the early 
 . Norman kings, the highest officer in the 
 kingdom next to the king. 
 
 He was guardian of the realm in the 
 king's absence. His power was diminished 
 under the reign of successive kings, and, 
 finally, completely distributed amongst va- 
 rious courts in the reign of Edv^ard I. 3 
 Bl. Comm. 28. The same as capitalis justi- 
 ciarius. 
 
 CHIEF LORD. The immediate lord of the 
 fee. Burton, Real Prop. 317. 
 
 CHIEF PLEDGE. The borsholder or X3hieli 
 of the borough. Spelman. 
 
 CHIEF RENTS (Law Lat. reditus capi- 
 tales) . In English law. Rents of the free- 
 holders of a manor. 2 Bl. Comm. 42. Called 
 also "quit rents" (quieti reditus), because 
 thereby the tenant goes quit and free of all 
 other services. Id. 
 
 CHIEFRIE. A small rent paid to the lord 
 paramount. 
 
 CHILD. The immediate progeny of human 
 parents; offspring born to such parents. 262 
 111. 183; 200 111. 401. 
 
 The son or daughter, in relation to the 
 father or mother; the correlative of "par- 
 ent." 
 
 A young person- of either sex. The age 
 limit of childhood is undefined. 5 Har. & J. 
 (Md.) 392. 
 
 It is not synonymous with "minor." 7 
 Tex. App. 298. And in a classification of 
 
 females subject of rape, "child" has been 
 held to mean one not arrived at puberty, 
 22 Ohio St. 102. 
 
 The word "child," in its popular signifi- 
 cation, means a son or daughter; a de- 
 scendant in the' first degree (Webster's Int. 
 Diet.) ; and the legal meaning of the word 
 is the same as the popular one and does not 
 include a grandchild. The word "children" 
 is never extended to include grandchildren, 
 in the absence of something in the instru- 
 ment in which the word is employed show- 
 ing the intention to use it with such an ex- 
 tended meaning or where it is necessary to 
 render the instrument effective. 173 111. 
 239; 253 111. 402. See "Sons." 
 
 CHILDNIT (Saxon). A power to take a 
 fine from a bondwoman gotten with child 
 without the lord's consent. 
 
 By custom in Essex county, England, 
 every reputed father of a bastard child was 
 obliged to pay a small fine to the lord. This 
 custom is known as childnit. Cowell. 
 
 CHILDREN. (See "Sons.") Legitimate 
 offspring. ' L. R. 7 H. L. 568; 23 Hun (N. 
 Y). 260; 14 N. J. Eq. 159. But see 42 Conn. 
 491. It includes only the first generation, 
 and does not embrace grandchildren (21 N. 
 J. Eq. 84; 19 Ohio St. 30; 104 Mass. 193), 
 but it has been given that meaning in in- 
 struments where the context or the neces- 
 sity of effectuating the instrument required 
 it (15 N. J. Eq. 174; 37 N. Y. 42; 88 Pa. 
 St. 478). It does not include stepchildren 
 (8 Paige [N. Y.] 375), nor adopted children 
 (54^^3^304. But see 115 Mass. 262). 
 
 CHILTERN HUNDREDS. A range of hills 
 in England, formerly much infested by rob- 
 bers. 
 
 To exterminate the robbers, a steward of 
 the chiltern hundreds was appointed. The 
 office long since became a sinecure, and is 
 now used to enable a member -of parliament 
 to resign, which he can do only by the ac- , 
 ceptance of some office within the gift of 
 the chancellor. 2 Steph. Comm. 403; Whar- 
 ton. 
 
 CHIIVIIN. See "Chemin." 
 
 CHIIVIINAGE. A toll for passing on a way 
 through a forest; called in the civil law 
 pedagium. Cowell. See Co. Litt. 56a; Spel- 
 man; Termes de la Ley. 
 
 CHI MINUS. The way by which the king 
 and all his subjects and all under his pro- 
 tection have a right to pass, though the 
 property of the soil of each side where the 
 way lieth may belong to a private man. 
 Cowell. 
 
 CHIIVINEY IVIONEV, or HEARTH MONEY. 
 A tax upon chimneys or hearths; an an- 
 cient tax or duty upon houses in England, 
 now repealed. Cowell. 
 
CHIPPINGAVEL 
 
 163 
 
 CHOSE 
 
 CHIPPINGAVEL. A toll for buying and 
 selling; a tax imposed on goods brought for 
 sale. Whishaw; Blount. 
 
 CHIRGEMOTE, CHIRCHGEMOTE, CIRC 
 gemote, or kirkmo'te. (Saxon, circgemote, 
 from circ, ciric, or cyric, a church, and ge- 
 mot, a meeting or assembly) . In Saxon law. 
 An ecclesiastical court or assembly {forum 
 eeclesiasticum) ; a synod; a meeting in a 
 church or vestry. Blount; Spelman; LL. 
 Hen. I. cc. 4. 8; 4 Inst. 321; Cunningham. 
 
 CHIROGRAPH. 
 
 In Old Conveyancing. A deed or pub- 
 lic instrument in writing. 
 
 Chirographs were anciently attested by 
 the subscription and crosses of witnesses. 
 Afterwards, to prevent frauds and conceal- 
 ments, deeds of mutual covenant were made 
 in a script and rescript, or in a part and 
 counterpart, and in the middle, between the 
 two copies, they drew the capital letters of 
 the alphabet, and then tallied, or cut asun- 
 der in an indented manner, the sheet or 
 skin of parchment, one of which parts, be- 
 ing delivered to each of the parties, were 
 proved authentic by matching with the an- 
 swering to one another. Deeds thus made 
 were denominated "syngrapha" by the can- 
 onists, because that word, instead of the 
 letters of the alphabet or the word "chirog- 
 raphum," was used. 2 Bl. Comm. 296. 
 
 The last part of a fine of land. 
 
 It is called, more commonly, the foot of 
 the fine. It is an instrument of writing, be- 
 ginning with these words: "This is the 
 final agreement," etc. It concludes the whole 
 matter, reciting the parties, day, year, and 
 place, and before whom the fine was ac- 
 knowledged and levied. Cruise, Dig. tit. 35, 
 c. 2, § 52. 
 
 — ^In Civil and Canon Law. An Instru- 
 ment written out and subscribed by the 
 hands of the king or prince. An instrument 
 written out by the parties, and signed by 
 them. Du Cange; Cowell. 
 
 In Scotch Law. A written voucher for 
 
 a debt. Bell, Diet. The possession of this 
 instrument by the debtor raises a presump- 
 tion of payment by him. Bell, Diet.; Ersk. 
 Inst. lib. 2, tit. 4, § 5. 
 
 CHIROGRAPHER OF FINES (Law Lat. 
 chirographus, or chirographarius finium et 
 concordiarum) . In old English law. An 
 officer of the court of common pleas, who 
 engrossed the fines acknowledged in that 
 court after they were examined, and fully 
 passed by other officers, and who wrote and 
 delivered the indentures of them to the par- 
 ties. 2 Bl. Comm. 351; 2 Inst. 468; Cowell; 
 Blount. See "Pine." 
 
 CHIROGRAPHUM. In Roman law. A 
 handwriting; that which was written with 
 a person's own hand; an obligation which 
 a person wrote or subscribed with his own 
 hand; an acknowledgment of debt, as of 
 money received, with a promise to repay. 
 
 For forms of such acknowledgments, see 
 Dig. 22, 1. 41. 2; Id. 2. 14. 47. 1. 
 
 An evidence or voucher of debt; a security 
 for debt. Dig. 26. 7. 57. pr. 
 
 A right of action for debt. Dig. 32. 59. 
 And see Id. 34. 3. 31. 3; Id. 46. 3. 89. pr.; 
 Code, 4. 2. 17. 
 
 CHIROGRAPHUM APUD DEBITOREM 
 repertum presumitur solutum. An evidence 
 of debt found in possession of the debtor is 
 presumed to be paid. Halk. Max. 30. See 
 14 Mees. & W. 379. 
 
 CHIROGRAPHUM NON EXTANS PRE- 
 sumitur solutum. An evidence of debt not 
 existing is presumed to have been dis- 
 charged. Tray. Lat. Max. 73. 
 
 CHIVALRY. In feudal law. Knight ser- 
 vice. Tenure in chivalry was the same as 
 tenure by knight service. 2 Bl. Comm. 61, 
 62. See "Tenure." 
 
 CHIVALRY, COURT OF. This court was 
 anciently held as a court of honor merely, 
 before the earl marshal, and as a criminal 
 court before the lord high constable, jointly 
 with the earl marshal. It had jurisdiction 
 as to contracts and other matters touching 
 deeds of arms or war, as well as pleas of 
 life or member. It also corrected encroach- 
 ments in matters of coat armor, precedency 
 and other distinctions of families. It is 
 now grown entirely out of use, on account 
 of the feebleness of its jurisdiction and want 
 of power to enforce its judgments, as it 
 could neither fine nor imprison, not being 
 a court of record. 3 Bl. Comm. 68; 4 Broom 
 & H. Comm. 360, note; Wharton. 
 
 CHIVALRY, TENURE BY. Tenure by 
 knight service. Co. Litt. 
 
 CHOP-CHURCH. A word mentioned in a 
 statute of 9 Hen. VI., by the sense of which 
 it was in those days a kind of trade, and by 
 the judges declared to be lawful. But 
 Brooke, in his Abridgment, says it was only 
 permissible by law. It was, without doubt, 
 a nickname given to those who used to 
 change benefices, as to "chop and change" 
 is a common expression. 9 Hen. VI. c. 65; 
 Jacob. 
 
 CHORAL. In ancient times, a person ad- 
 mitted to sit and worship in the choir; a 
 chorister. 
 
 CHOREPISCOPI. Bishops of the country 
 in the early times of the church. 
 
 CHOSE (Ft.) thing. Personal property. 
 
 Choses in Possession. Personal things 
 
 of which one has possession. 
 
 Choses in Action. Personal things of 
 
 which the owner has not the possession, but 
 merely a right of action for their posses- 
 sion. 2 Bl. Comm. 389, 397; 1 Chit. Prac. 
 99. 
 
CHOSEN FREEHOLDERS 
 
 164 
 
 CINQUE PORTS 
 
 A right to receive or recover a debt, or 
 money, or damages for breach of contract, 
 or for a tort connected with contract, but 
 which cannot be enforced without action. 
 Comyn, Dig. "Biens;" Chit. Eq. Dig. 
 
 In modern usage, the phrase is broader 
 and includes rights of action for tort (4 
 Ala. 350; 12 N. Y. 622), and rights enforce- 
 able only in equity (Wms. 6). 
 
 Chose Local. A local thing; a thing 
 annexed to a place, as a mill. Kitch. Cts. 
 fol. 18; Cowell; Blount. Answering prob- 
 ably to the res immobilis of the civil law. 
 
 Chose Transitory. A thing which is 
 
 movable, and may be taken away or car- 
 ried from place to place. Cowell; Blount. 
 
 CHOSEN FREEHOLDERS. In New Jer- 
 sey. A board of county officers, having 
 charge of the finances of the county, and 
 composed of persons chosen by and repre- 
 senting the several towns or townships of 
 the county. In some states, similar officers 
 are called "county commissioners" (g. v.), 
 and in others, the "board of supervisors" 
 
 CHRENECRUDA (Law Lat.) A singular 
 ceremony among the Salians, by which a 
 poor person applied to a rich relative to pay 
 his debt or fine. It consisted (after certain 
 preliminaries) in throwing green herbs up- 
 on the party, the effect of which was to 
 bind him to pay the whole demand. L. Salic, 
 tit. 61. Spelman, who describes it, finds 
 the elements of the word in the Belgian 
 groen, green, and cruid, herb. 
 
 CHRISTIANITATIS CURIA (Law Lat.) 
 The court of Christianity; the court Chris- 
 tian, or ecclesiastical judicature, as opposed 
 to the civil court, or lay tribunal. Cowell. 
 See "Courts Christian." 
 
 CHURCH. A society of persons who pro- 
 fess the Christian religion. 7 Halst. (N. 
 J.) 206, 214; 10 Pick. (Mass.) 193; 3 Ea. 
 St. 282; 31 Pa. St. 9; 9 Barb. (N. Y.) 95. 
 
 The place where such persons regularly 
 assemble for worship. 3 Tex. 288; 9 Barb. 
 (N. Y.) 95; 160 111. 579. 
 
 CHURCH BUILDING ACTS. Statutes 
 passed in England in and since the year 
 1818, with the object of extending the ac- 
 commodation afforded by the national 
 church, so as to make it more commensu- 
 rate with the wants of the people. 3 Steph. 
 Comm. 152-164. 
 
 CHURCH DISCIPLINE ACT. St. 3 & 4 
 Vict. c. 86, containing regulations for try- 
 ing clerks in holy orders charged with of- 
 fenses against ecclesiastical law, and for en- 
 forcing sentences pronounced in such cases. 
 Phillim. Ecc. Law, 1314. 
 
 CHURCH RATE. A tribute by which the 
 
 expenses of the church are to be defrayed. 
 
 ' They are to be laid by the parishoners, in 
 
 England, and may be recovered before two 
 
 justices, or in the ecclesiastical court. Whar- 
 ton. 
 
 CHURCH REEVE. A church warden. 
 
 CHURCH SCOT. Customary obligations 
 paid to the parish priest; from which du- 
 ties the religious sometimes purchased an 
 exemption for themselves and their tenants. 
 Wharton. 
 
 CHURCH WARDEN. An officer whose 
 duty it is to take care of or guard the 
 church. 
 
 They are taken to be a kind of corpora- 
 tion in favor of the church for some pur- 
 poses. They may have, in that name, prop- 
 erty in goods and chattels, and bring ac- 
 tions for them for the use and benefit of 
 the church, but may not waste the church 
 property, and are liable to be called to ac- 
 count. 3 Steph. Comm. 90; 1 Bl. Comm. 
 394; Cowell. 
 
 CHURCHESSET, CHURCHSET, CIRSET, 
 kirkset, or chirset. In old English law. 
 A certain portion or measure of wheat, an- 
 ciently paid to the church on St. Martin's 
 day, and which, according to Fleta, was 
 paid as well in the time of the Britons as 
 of the English. Fleta, lib. 1, c. 47, § 28. 
 An annual tribute paid to the church in 
 grain or other product, census vel trihutum 
 ecclesiae, frumenti trihutum. Spelman. voc. 
 "Cirset;" Lindenbrog; Domesday Book. 
 Sometimes written chirchsed, and translat- 
 ed "churchseed," semen ecclesiae. Fleta, ubi 
 supra; Co. Litt. 88b. But the proper spell- 
 ing, according to Spelman, is cvricset, or 
 ciricsceat. 
 
 CHURL. See"Ceorl.'' 
 
 CI, CY, or SI (Law Pr.) So. Pur ceo que 
 
 fine est d hault barre, et de ci graund force, 
 et de ci puissant nature, because a fine is 
 so high a bar, and of so great force, and of 
 so powerful a nature. St. Modus Lev. Fin.; 
 2 Inst. 510. 
 
 CIBARIA (Lat. pi. of cibarium, from cibes, 
 food). In the civil law. Food; victuals. 
 Dig. 34. 1. 
 
 CINQUE PORTS. The five ports of Eng- 
 land which lie towards France. 
 
 These ports, on account of their impor- 
 tance as defenses to the kingdom, early had 
 certain privileges granted them, and in rec- 
 ompense were bound to furnish a certain 
 number of ships and men to serve on the 
 king's summons once in each year. "The 
 service that the barons of the Cinque Ports 
 acknowledge to owe, upon the king's sum- 
 mons, if it shall happen, to attend with 
 their ships fifteen days at their own cost 
 and charges, and so long as the king pleases, 
 at his own charge." Cowell, "Quinque Port- 
 us," The Cinque Ports are Dover, Sandwich, 
 Hastings, Hithe, and Romney. WJnchelsea 
 and Rye are reckoned parts of Sandwich; 
 
CIPPI 
 
 165 
 
 CIRCUMSPECTE AGATIS 
 
 and the other of the Cinque Ports have 
 ports appended to them in like manner. The 
 Cinque Ports have a lord warden, who had 
 a peculiar jurisdiction, sending out writs in 
 his own name, and who is also constable of 
 Dover Castle. The jurisdiction was abolish- 
 ed by 18 & 19 Vict. c. 48; 20 & 21 Vict. e. 
 1. The representatives in parliament and 
 the inhabitants of the Cinque Ports are each 
 termed "barons." Brande; Cowell; Termes 
 de la Ley. 
 
 CIPPI. The stocks. Reg. Orig. 96b. Brac- 
 ton and Fleta used in cippo. Bracton fol. 
 145b; Fleta, lib. 1, c. 42, §§ 1, 2. 
 
 CIRC BRYCE. A violation of ecclesias- 
 tical privilege. 
 
 CIRC SCEAT. Church scot; an ecclesias- 
 tical due. 
 
 CIRCADA. In old English law. A tribute 
 anciently paid to the bishop or archbishop 
 for visiting the churches. Du Fresne; Whi- 
 shaw. 
 
 CIRCUIT. A division of the country, ap- 
 pointed for a particular judge to visit for 
 the trial of causes, or for the administration 
 of justice. See 3 Bl. Conun. 58; 3 Bouv. 
 Inst, note 2532, 
 
 , In England the term is oftener applied, 
 perhaps, to the periodical journeys of the 
 judges through their various circuits. The 
 judges, or, in England, commissioners of 
 assize and nisi prius, are said "to make their 
 circuit." 3 Bl. Comm. 57. 
 
 In England there are eight judicial cir- 
 cuits, viz., the North and South Wales, 
 northern, northeastern, southeastern, west- 
 em, Midland and Oxford. See 3 Bl. Comm. 
 58; 3 Steph. Comm. 221. 
 
 For the purposes of federal jurisdiction, 
 the United States is divided into nine cir- 
 cuits, designated by number. Rev. St. U. S. 
 1878, § 604. See "Circuit Courts." 
 
 CIRCUIT COURT OF APPEALS. A fed- 
 eral court created in 1891 in each circuit (q. 
 v.), consisting of three judges, and having 
 final appellate jurisdiction of cases from the 
 circuit and district courts except in certain 
 cases. The court was designed to relieve the 
 supreme court of the United States. See 
 Act Cong. March 3, 1891. 
 
 CIRCUIT COURTS. In American Taw. 
 Courts whose jurisdiction extends over sev- 
 eral counties or districts, and of which 
 terms are held in the various counties or 
 districts to which their jurisdiction extends. 
 
 The term is applied in several states to 
 courts of general original jurisdiction, 
 terms of which are held in the various coun- 
 ties or districts of the state. It is unknown 
 in the classification of English courts, and 
 conveys a different idea in the various 
 States in which it is adopted. 
 
 In the federal jurisprudence of the 
 United States, the circuit courts were a 
 
 system of federal courts, holding terms in 
 several places in each of the several judicial 
 circuits. See "Circuit." 
 
 They had original jurisdiction of sub- 
 stantially all civil cases which, by reason 
 of the citizenship of the parties, or the na- 
 ture of the subject-matter, were of federal 
 cognizance. See "District Courts." 1 Kent, 
 Comm. 301-303; Rev. St. U. S. 1878, § 605 
 et seq. They were abolished by the Act of 
 March 3, 1911, 36 Stat. 1167. 
 
 CIRCUITUS EST EVITANDUS. Circuity 
 is to be avoided. Co. Litt. 384a; Smith, 
 Lead. Cas. (4th Am. Ed.) 20; Wingate, 
 Max. 179; Broom, Leg. Max. (3d London 
 Ed.) 309; 5 Coke, 34; 15 Mees. & W. 208; 
 5 Exch. 829. 
 
 CIRCUITUS EST EVITANDUS; ET BONr 
 Judices est lites dirlmere, ne lis ex lite oria. 
 tur. Circuity is to be avoided; and it is the 
 duty of a good judge to determine litiga- 
 tions, lest one lawsuit arise out of another. 
 5 Coke, 31. 
 
 CIRCUITY OF ACTION. Indirectly ob- 
 taining, by means of a subsequent action, a 
 result which may be reached in an action 
 already pending. 
 
 This is particularly obnoxious to the law, 
 as tending to multiply suits. 1 Term R. 441; 
 4 Cow. (N. Y.) 682. 
 
 CIRCULAR NOTES. Similar instruments 
 to "letters of credit." They are drawn by 
 resident bankers upon their foreign corre- 
 spondents, in favor Of persons traveling 
 abroad. The correspondents must be satis- 
 fied of the identity of the applicant before 
 payment, and the requisite proof of such 
 identity is usually furnished, upon the ap- 
 plicant's producing a letter with his signa- 
 ture, by a comparison of the signatures. 
 Brown. 
 
 CIRCULATING MEDIUM. This term Is 
 more comprehensive than the term "money," 
 as it is the medium of exchanges, or pur- 
 chases and sales, whether it be gold or sil- 
 ver coin, or any other article. Rapalje & L. 
 
 CIRCUMDUCTION. In Scotch law. A 
 closing of the period for lodging papers, 
 or doing any other act required in a cause. 
 Paterson, Comp. 
 
 Circumduction of the Term. The sen- 
 tence of a judge, declaring the time elapsed 
 within which a proof ought to have been led, 
 and precluding the party from bringing for- 
 ward any further evidence. Bell, Diet. 
 
 CIRCUMSPECTE AGATIS. Act circum- 
 spectly. The title of a statute passed 13 
 Edw. I. A. D. 1285, and so called from the 
 initial words of it, the object of which was 
 to ascertain the boundaries of ecclesiastical 
 jurisdiction in some particulars, or, in other 
 words, to regulate the jurisdiction of the 
 ecclesiastical and temporal courts. 2 Reeve, 
 Hist. Eng. Law, 215. 
 
CIRCUMSTANCES 
 
 166 
 
 CITIZEN 
 
 CIRCUMSTANCES. The particulars which 
 
 accompany an act; the surroundings at the 
 commission of an act. 
 
 Though sometimes used in the sense of 
 "fact," a circumstance is a "relative" fact, 
 as distinguished from the "principal" fact, 
 which it may corroborate or disprove. 
 
 CIRCUMSTANTIAL EVIDENCE. The 
 proof of certain facts and circumstances 
 in a given case from which the jury may 
 infer other connected facts which uusally 
 and reasonably follow according to the com- 
 mon experience of mankind. 272 111. 179. 
 
 That which is applied to the principal 
 fact indirectly, or through the medium of 
 other facts, by establishing certain circum- 
 stances or minor facts from which the prin- 
 cipal fact is gathered by a process of infer- 
 ence. See 3 Benth. Jud. Ev. 2, 5. 
 
 The process by which a fact not directly 
 known is inferred from known facts or cir- 
 cumstances. 1 Starkie, Ev. 18. 
 
 The terms "circumstantial" and "presump- 
 tive" are often used interchangeably to de- 
 note the same kind of evidence, but in strict- 
 ness this is not correct. Presumptive evi- 
 dence is a species of circumstantial evidence, 
 though so large a species as to be almost 
 coextensive with its genus. 
 
 Evidence may be circumstantial without 
 being presumptive, either because it fails to 
 raise a presumption, or because the infer- 
 ence to which it gives rise is stronger than 
 mere presumption. Burrill, Circ. Ev. 76. 
 
 Circumstantial evidence is of two kinds, 
 namely: certain, or that from which the 
 conclusion in question necessarily follows; 
 and uncertain, or that from which the con- 
 clusion does not necessarily follow, but is 
 probable only, and is obtained by process 
 of reasoning. 127 111. 520. 
 
 CIRCUMSTANTIBUS. See "Tales." 
 
 CIRCUMVENTION. In Scotch law. Any 
 act of fraud whereby a person is reduced to 
 a deed by decreet. Tech. Diet. It has the 
 same sense in the civil law. Dig. 50. 17. 49. 
 155; Id. 12. 6. 6. 2; Id. 41. 2. 34. 
 
 CIRLISCUS. A ceorl (q. v.) Spelman. 
 
 CITACION. In Spanish law. The order 
 of a legal tribunal directing an individual 
 against whom a suit has been instituted to 
 appear and defend it within a given time. 
 It is synonymous with the term emplaza- 
 miento in the old Spanish law, and the in 
 jus vocatio of the Roman law. 
 
 CITATIO. A citation or summons to 
 court. Skene de Verb. Sign. voc. "Adjurna- 
 tus." 
 
 CITATIO AD REASSUMENDAM CAUS- 
 am. In civil law. The name of a citation, 
 which issued when a party died pending a 
 suit, against the heir of the defendant, or, 
 when the plaintiff died, for the heir of the 
 plaintiff. Our bill of revivor is probably 
 borrowed from this proceeding. 
 
 CITATIO EST DE JURI NATURALI. A 
 
 summons is by natural right. Cases in 
 Banco Regis Wm. III. 453. 
 
 CITATION (Lat, citare, to call, t6 sum- 
 mon). 
 
 In Practice. A writ issued out of a 
 
 court of competent jurisdiction, commanding 
 a person therein named to appear on a day 
 named, and do something therein mentioned, 
 or show cause why he should not. Proctor, 
 Prac. 
 
 The act by which a person is so sum- 
 moned or cited. 
 
 It is applied particularly to process from 
 probate and ecclesiastical courts, and to 
 notices issued in special proceedings in some 
 states. 
 
 It is usually the original process in any 
 proceeding, and is in that respect analogous 
 to the writ of capias or summons at law, 
 and the subpoena in chancery. 
 
 In the ecclesiastical law, the citation is 
 the beginning and foundation of the whole 
 cause, and .is said to have six requisites, 
 namely, the insertion of the name of the 
 judge, of the promovert, of the impugnant, 
 of the cause of suit, of the place, and of 
 the time of appearance; to which may be 
 added the affixing the seal of the court, and 
 the name of the register or his deputy. 1 
 Brown, Civ. Law, 453, 454; 3 Bl. Coram. 
 100. 
 
 . In Scotch Practice. The calling of a 
 
 party to an action done by an officer of the 
 court under a proper warrant. 
 
 The service of a writ or bill of summons. 
 Paterson, Comp. 
 
 Of Authorities. The production of or 
 
 reference to the text of acts of legislatures, 
 treatises, or cases of similar nature decided 
 by the courts, in order to support proposi- 
 tions advanced. 
 
 CITATIONES NON CONCEDANTUR PRI- 
 usquam exprimatur super qua re fieri debet 
 citatio. Citations should not be granted be- 
 fore it is stated about what matter the cita- 
 tion is to be made. (A maxim of eccles- 
 iastical law.) 12 Coke, 44. 
 
 CITIZEN. A citizen, in the popular and 
 appropriate sense of the term, is one who 
 by birth, naturalization or otherwise Is a 
 member of an independent political society 
 called a state, kingdom or empire, and as 
 such is subject to its laws and entitled to 
 its protection in all his rights incident to 
 that relation. 177 111. 258; 113 III. 64. 
 
 In English Law. An inhabitant of a 
 
 city. 1 Eolle, Abr. 138. The representative 
 of a city, in parliament. 1 Bl. Comm. 174. 
 
 In American Law. One who, under 
 
 the constitution and laws of the United 
 States, has a right to vote for public oificers, 
 and who is qualified to fill offices in the gift 
 of the people. 
 
CITY 
 
 167 
 
 CIVIL DAMAGE ACTS 
 
 One of the sovereign people; a constituent 
 member of the sovereignty, synonymous 
 ■with the people. 19 How. (U; S.) 404. 
 
 "All persons born or naturalized in the 
 United States, and subject to the jurisdic- 
 tion thereof, are citizens of the United 
 States and of the state wherein they re- 
 side." Const. U. S. Amend. XIV. 
 
 CITY. 
 
 « In England. An incorporated town or 
 
 borough which is or has been the see of a 
 bishop. Co. Litt. 108; 1 Bl. Comm. 114; 
 Cowell. 
 
 A large town incorporated with certain 
 privileges; the inhabitants of a city; the 
 citizens. Worcester. 
 
 Although the first definition here given is 
 sanctioned by high authority, it is ques- 
 tionable if it is essential to its character 
 as a city, even in England, that it has been 
 at any time a see; and it certainly retains 
 its character of a city after it has lost its 
 ecclesiastical character (1 Steph. Comm. 
 115; 1 Bl. Comm. 114), and in the United 
 States it is clearly unnecessary that it 
 should ever have possessed this character. 
 Originally, this word did not signify a town, 
 but a portion of mankind who lived under 
 the same government, — what the Romans 
 called dvitas, and the Greeks polis; whence 
 the word politeia, dvitas seu reipublicae 
 status et adrninistratio. TouUier, Dr. Civ. 
 Fr. lib. 1, tit. 1, note 202; Henrion de Pan- 
 sey, Pouvoir Municipal, pp. 36, 37. 
 
 In the United States. The highest 
 
 class of municipal corporation, having ex- 
 tensive municipal powers, required by the 
 presence of a large population. 
 
 A body politic and corporate established 
 by law, not only to regulate and administer 
 local affairs, but to assist in the civil gov- 
 ernment of the country. 133 111. 440. 
 
 CITY OF LONDON COURT. A court 
 having a local jurisdiction within the city 
 of London. It is to all intents and purposes 
 a county court, having the same jurisdic- 
 tion and procedure. St. 30 & 31 Vict. c. 
 142, § 35. It has exclusive jurisdiction in 
 admiralty matters within the city. Bosc. 
 Adm. 75; St. 31 & 32 Vict, c, 71. See 
 "Mayor's Court." 
 
 CIVIL. 
 
 Pertaining to a citizen, as civil rights 
 (9- V.) 
 
 In contradistinction to "barbarous" or 
 "savage," indicates a state of society re- 
 duced to order and regular government. 
 Thus, we speak of civil life, civil society, 
 civil government and civil liberty. 
 
 In contradistinction to "criminal," to in- 
 dicate the private rights and remedies of 
 men, as members of the community, in con- 
 trast to those which are public and relate 
 to the government. Thus, we speak of civil 
 process and criminal process, civil jurisdic- 
 tion and criminal jurisdiction. 
 
 It is also used in contradistinction to 
 "military" or "ecclesiastical," to "natural" 
 or "foreign." Thus, we speak of a civil 
 station, as opposed to a military or an eccle- 
 siastical station; a civil death, as opposed 
 to a natural death; a civil war, as opposed 
 to a foreign war. Story, Const. § 789; 1 
 Bl. Comm. 6, 125, 251; Montesquieu, Sp. 
 Laws, bk. 1, c. 3; Rutherforth, Inst. bk. 
 2, c. 2; Id. c. 3; Id. c. 8, p. 359; Heinec. 
 Elem. Jur. Civ. b. 2, c. 6. 
 
 CIVIL ACTION. 
 
 In Civil Law. A personal action which 
 
 is instituted to compel payment, or the do- 
 ing some other thing which is purely civil. 
 Poth. Introd. Gen. aux Cont. 110. 
 
 At Common Law. An action which 
 
 has for its object the recovery of private or 
 civil rights or compensation for their in- 
 fraction. 
 
 All actions which are not criminal are 
 said to be civil. 
 
 In states where there has been partial 
 codification, it is generally enacted in effect 
 that the distinction between actions at law 
 and suits in equity is abolished, and that 
 there shall be but one form of action for 
 the enforcement of private rights, and the 
 redress of private wrongs, which shall be 
 known as the "civil action." Code Civ. 
 Proc. N. Y. § 69; Gen. St. Minn. 1878, 
 c. 66, § 1. See "Action." 
 
 CIVIL BILL COURT. A tribunal in Ire- 
 land vrith a jurisdiction analogous to that 
 of the county courts in England. The judge 
 of it is also chairman of quarter sessions 
 (where the jurisdiction is more extensive 
 than in England) , and performs the duty of 
 revising barrister. The procedure of the 
 civil bill courts is regulated by 27 & 28 
 Vict. c. 99; 28 & 29 Vict. c. 1; and 37 & 38 
 Vict. c. 66. Wharton. 
 
 CIVIL COMMOTION. An insurrection of 
 the people for general purposes, though it 
 may not amount to rebellion where there is 
 an usurped power. 2 Marsh. Ins. 793. 
 
 CIVIL CORPORATIONS. One of the two 
 classes into which lay corporations are di- 
 vided; the other division embracing what 
 are termed "eleemosynary" corporations. 3 
 Steph. Comm. 170. Municipal corporations 
 (as counties, cities, towns and villages), in- 
 corporated manufacturing, banking, insur- 
 ance, and trading companies, and the like, 
 are examples of civil corporations. Id.; 
 2 Kent, Comm. 275. "Eleemosynary Cor- 
 porations." 
 
 CIVIL DAMAGE ACTS. A name given to 
 statutes rendering the seller of intoxicat- 
 ing liquors civilly liable to the wife or fam- 
 ily of a purchaser of liquor for damage 
 sustained by them by reason of the sale to 
 him. 
 
CIVIL DEATH 
 
 168 
 
 CIVIL LAW 
 
 CIVIL DEATH. That change of state of 
 a person which is considered in the law as 
 equivalent to death. See "Death." 
 
 CIVIL INJURY. An Infringement or pri- 
 vation of some civil right, and which is a 
 subject for civil redress or compensation, 
 as distinguished from a crime, which is a 
 subject for punishment. 3 Steph. Comm. 
 556. See "Civil Rights." 
 
 CIVIL LAW. This term is generally used 
 to designate the Roman jurisprudence, jus 
 civile Romanorum. 
 
 In its most extensive sense, the term 
 "Roman law" comprises all those legal 
 rules and principles which were in force 
 among the Romans, without reference to 
 the time when they were adopted. But in 
 a ,more restricted sense we understand by 
 it the law compiled under the auspices of 
 the Emperor Justinian, and which are still 
 in force in many of the states of modern 
 Europe, and to which all refer as authority 
 or written reason. 
 
 The ancient leges curiatae are said to have 
 been collected in the time of Tarquin, the 
 last of the kihgs, by a pontifex maximus of 
 the name of Sextus or Publius Papirius. 
 This collection is known under the title of 
 Jus Civile Papirianum; its existing frag- 
 ments are few, and those of an apocryphal 
 character. Mackeld. Civ. Law, § 21. 
 
 After a fierce and uninterrupted struggle 
 between the patricians and plebeians, the 
 latter extorted from the former the cele- 
 brated law of the Twelve Tables, in the 
 year 300 of Rome. This law, framed by the 
 decemvirs, and adopted in the comitia cen- 
 turiata, acquired great authority, and con- 
 stituted the foundation of all the public 
 and private laws of the Romans, subse- 
 quently, until the time of Justinian. It 
 is called Lex Decemvvralis. Mackeld. Civ. 
 Law, § 21. From this period, the sources 
 of the jus scriptum consisted in the leges, 
 the plebiscita, the senatusconsulta, and the 
 constitutions of the emperors, eonstitutiones 
 principum; and the jus non scriptum was 
 found partly in the mores majorum, the cov^ 
 suetudo, and the res judicata, or auctoritas 
 rerum, perpetua 8im,iliter judicatorum. The 
 edicts of the magistrates, or jus honorarium,, 
 also formed a part of the unwritten law; 
 but by far the most prolific source of the 
 jus Tton scriptum, consisted in the opinions 
 and writings of the lawyers, — responsa pru- 
 dentium. 
 
 The few fragments of the Twelve Tables 
 that have come down to us are stamped with 
 the harsh features of their aristocratic ori- 
 gin. But the jus honorarium established 
 by the praetors and other magistrates, as 
 * well as that part of the customary law 
 which was built up by the opinions and 
 writings of the prudentes, are founded es- 
 sentially on principles of natural justice. 
 
 Many collections of the imperial consti- 
 tutions had been made before the advent 
 
 of Justinian to the throne. He was the 
 first after Theodosius who ordered a new 
 compilation to be made. For this purpose 
 he appointed a committee of ten lawyers, 
 with very extensive powers. At their head 
 was the exquaestor sacri palatU, Johannes, 
 and among them the afterwards well-known 
 Tribonian. His instructioiis were to select, 
 in the most laconic form, all that was still 
 of value in the existing collections, as well 
 as in the later constitutions; to omit all 
 obsolete matter; to introduce such altera- 
 tions as were required by the times; and 
 to divide the whole into appropriate titles. 
 Within fourteen months, the committee had 
 finished their labors. Justinian confirmed 
 this new code, which consisted of twelve 
 books, by a special ordinance and prohibit- 
 ed the use of the older collections of re- 
 scripts and edicts. This Code of Justinian, 
 which is now called Codex Vetus, has been 
 entirely lost. 
 
 After the completion of this code, Jus- 
 tinian ordered Tribonian, in 530, who was 
 now invested with the dignity of quaestor 
 sacri palatii, and sixteen other jurists, to 
 select all the most valuable passages from 
 the writings of the old jurists which were 
 regarded as authoritative, and to arrange 
 them, according to their subjects, under 
 suitable heads. These commissioners also 
 enjoyed very extensive powers. They had 
 the privilege, at their discretion, to abbre- 
 viate, to add, and to make such other altera- 
 tions as they might consider adapted to the 
 times; and they were especially ordered to 
 remove all the contradictions of the old 
 jurists, to avoid all repetitions, and to omit 
 all that had become entirely obsolete. The 
 natural consequence of this was that the ex- 
 tracts did not always truly represent the 
 originals, but were often interpolated and 
 amended in conformity with the existing 
 law. Alterations, modifications, and addi- 
 tions of this kind are now usually called 
 Emhlemata Triboniani. This great work is 
 called the "Pandects," or "Digest," and was 
 completed by the commissioners in three 
 years. Within that short space of time, 
 they had extracted from the writings of no 
 less than thirty-nine jurists all that they 
 considered valuable for the purpose of this 
 compilation. It was divided into fifty books, 
 and was entitled Digesta sive Pandectae Ju- 
 ris Enucleati ex Omni Vetere Jure Colleotl 
 The Pandects were published on the 16th 
 December, 533, but they did not go into op- 
 eration until the 30th of that month. In 
 confirming the Pandects, Justinian prohib- 
 ited further reference to the old jurists; 
 and, in order to prevent legal science from 
 becoming so diffuse, indefinite, and uncer- 
 tain as it had previously been, he forbade 
 the writing of commentaries upon the new 
 compilation, and permitted only tlie making 
 of literal translations into Greek. 
 
 In preparing the Pandects, the compilers 
 met very frequently with controversies in 
 
CIVIL LAW 
 
 169 
 
 CIVIL LAW 
 
 the writings of the jurists. Such questions, 
 to the number of thirty-four, had been al- 
 ready determined by Justinian before the 
 commencement of the collection of the Pan- 
 dects, and before its completion the deci- 
 sions of this kind were increased to fifty, 
 and were known as the "fifty decisions of 
 Justinian." These decisions were at first 
 collected separately, and afterwards em- 
 bodied in the new code. 
 
 For the purpose of facilitating the study 
 of the law, Justinian ordered Tribonian, 
 with the assistance of Theophilus and Doro- 
 theus, to prepare a brief system of law un- 
 der the title of "Institutes," which should 
 contain the elements of legal science. This 
 work was founded on, and to a great extent 
 copied from, the commentaries of Gains, 
 which, after having been lost for many cen- 
 turies, were discovered by the great his- 
 torian Niebuhr, in 1816, in a palimpsest, or 
 rewritten manuscript of some of the homi- 
 lies of St. Jerome, in the Chapter Library 
 of Verona. What had become obsolete in 
 the commentaries was omitted in the Insti- 
 tutes, and references were made to the 
 new constitutions of Justinian so far as 
 they had been issued at the time. Justinian 
 published his Institutes on the 21st Novem- 
 ber, 533, and they obtained the force of 
 law at the same time with the Pandects, 
 December 30, 533. Theophilus, one of the 
 editors, delivered lectures on the Institutes 
 in the Greek language, and from these lec- 
 tures originated' the valuable commentaries 
 known under the Latin title, Theophili An- 
 teeessoris Paraphrasis Graeca Institutionum 
 Caesarearum. The Institutes consist of four 
 books, each of which contains several titles, 
 
 After the publication of the Pandects and 
 the Institutes, Justinian ordered a revision 
 of the Code, which had been promulgated in 
 the year 529. This became necessary on 
 account of the great number of new con- 
 stitutions which he had issued, and of the 
 fifty decisions not included in the old Code, 
 and by which the law had been altered, 
 amended, or modified. He therefore direct- 
 ed Tribonian, with the assistance of Doro- 
 ' theus, Menna, Constantinus, and Johannes, 
 to revise the old Code, and to incorporate 
 the new constitutions into it. This revision 
 was completed in the same year; and the 
 new edition of the Code, Codex Repetitae 
 Praelectionis, was confirmed on the 16th 
 November, 534, and the old Code abolished. 
 The Code contains twelve books, subdivided 
 into appropriate titles. 
 
 During the interval between the publica- 
 tion of the Codex Repetitae Praelectianis, 
 in 535, to the end of his reign, in 565, Jus- 
 tinian issued, at different times, a great 
 number of new constitutions, by which the 
 law on many subjects was entirely changed. 
 The greater part of these constitutions were 
 written in Greek, in obscure and pompous 
 language, and published under the name of 
 NoveUae CoTistttutiones, which are known to 
 
 us as the "Novels of Justinian." Soon after 
 his death, a collection of one hundred and 
 sixty-eight Novels was made, one hundred 
 and fifty-four of which had been issued by 
 Justinian, and the others by his successors. 
 
 Justinian's collections were, in ancient 
 times, always copied separately, and after- 
 wards they were printed in the same way. 
 When taken together, they were indeed 
 called, at an early period, the Corpus Juris 
 Civilis; but this was not introduced as the 
 regular title comprehending the whole body. 
 Each volume had its own title until Diony- 
 sius Gothofredus gave this general title in 
 the second edition of his glossed Corpus 
 Juris Civilis, in 1604. Since that time this 
 title has been used in all the editions of 
 Justinian's collections 
 
 It is generally believed that the laws of 
 Justinian were entirely lost and forgotten 
 in the Western Empire from the middle of 
 the eighth century until the alleged dis- 
 covery of a copy of the Pandects at the 
 storming and pilage of Amalfi, in 1135. This 
 is one of those popular errors which had 
 been handed down from generation to gen- 
 eration without question or inquiry, but 
 which has now been . completely exploded 
 by the learned discussion, supported by con- 
 clusive evidence, of Savigny, in his History 
 of the Roman Law during the Middle Ages. 
 Indeed, several years before the sack of 
 Amalfi, the celebrated Irnerius delivered 
 lectures on the Pandects in the University 
 of Bologna. The pretended discovery of a 
 copy of the Digest at Amalfi, and its being 
 given by Lothaire II. to his allies, the Pi- 
 sans, as a reward for their services, is an 
 absurd fable. No doubt, during the five 
 or six centuries when the human intellect 
 was in a complete state of torpor, the study 
 of the Roman law, like that of every other 
 branch of knowledge, was neglected; but 
 on the first dawn of the revival of learn- 
 ing, the science of Roman jurisprudence 
 was one of the first to attract the attention 
 of mankind; and it was taught with such 
 brilliant success as to immortalize the name 
 of Irnerius, its great professor. 
 
 Even at the present time the Roman law 
 exercises dominion in every state in Europe 
 except England. The countrymen of Ly- 
 curgus and Solon are governed by it, and In 
 the vast empire of Russia it furnished until 
 the revolution, the rule of civil conduct. 
 In America, it is the foundation of the law 
 of Louisiana, Canada, Mexico, and all the 
 republics of South America. Its influence 
 in the formation of the common law of Eng- 
 land cannot be denied by the impartial in- 
 quirer. It was publicly taught in England, 
 by Roger Vacarius, as early as 1149; and 
 all admit that the whole equity jurisprud- 
 ence prevailing in England and the 
 United States is mainly based on the 
 civil law. See "Code;" "Digest;" "In- 
 stitute;" "Novels." 
 
CIVIL LIABILITY 
 
 170 
 
 CIVITAS 
 
 CIVIL LIABILITY. Amenability to a civil 
 action, as distinguished from amenability 
 to criminal prosecution. 
 
 CIVIL LIBERTY. The liberty of a mem- 
 ber of society, being a man's natural lib- 
 erty, so far restrained by human laws (and 
 no further) as is necessary and expedient 
 for the general advantage of the public. 1 
 Bl. Comm. 125; 2 Steph. Comm. 487. The 
 power of doing whatever the laws permit. 
 1 Bl. Comm. 6; Inst. 1. 3. 1. 
 
 Blackstone's definition is substantially 
 that of the civilians; that of Justinian be- 
 ing: "The natural power of doing what- 
 ever one pleases, except what is prohibited 
 by force or law." Inst. 1. 3. 1. This is 
 adopted by Bracton almost in terms. Brac- 
 ton, fol. 46b. Blackstone's amendment, as 
 will be seen, consists in the elimination of 
 the idea of restraint by force. 
 
 CIVIL LIST. An annual sum granted by 
 the English parliament at the commence- 
 ment of each reign, for the expenses of the 
 royal household and establishment, as dis- 
 tinguished from the general exigencies of 
 the state. It is the provision for the crown 
 made out of the taxes in lieu- of its proper 
 patrimony, and in consideration of the as- 
 signment of that patrimony to the public 
 use. Wharton. 
 
 CIVIL OBLIGATION. One which binds 
 in law, and which may be enforced in a 
 court of justice. Poth. Obi. 173, 191. 
 
 CIVIL OFFICER. Any officer of the Unit- 
 ed States who holds his appointment under 
 the national government-, whether his duties 
 are executive or judicial, in the highest or 
 lowest departments of the government, with 
 the exception of oflBcers of the army and 
 navy. Rawle, Const. 213; 2 Story, Const. 
 § 790. 
 
 The term occurs in the constitution of 
 the United States (article 2, § 4), which 
 provides that the president, vice president, 
 and civil officers of the United States shall 
 be removed from office on impeachment for, 
 and conviction of, treason, bribery, or other 
 high crimes and misdemeanors. It has been 
 decided that a senator of the United States 
 is not a civil officer, within the meaning of 
 this clause in the constitution. Senate 
 Journal, 10th Jan. 1799; 4 Tucker, Bl. 
 Comm. Append. 57, 58; Rawle, Const. 213; 
 Serg. Const. Law, 376; Story, Const. § 791. 
 
 CIVIL REMEDY. In practice. The rem- 
 edy which the party injured by the com- 
 mission of a tortious act has by action 
 against the party committing it, as distin- 
 guished from the proceeding by indictment, 
 by which the wrongdoer is made to expiate 
 the injury done to society. 
 
 CIVIL RESPONSIBILITY. See "Civil Lia- 
 bility." 
 
 CIVIL RIGHTS. The rights of a citizen; 
 the rights of an individual as a citizen; the 
 
 rights due from one citizen to another, the 
 privation of which is a civil wrong, for 
 which redress may be sought in a civil ac- 
 tion. 
 
 Also sometimes applied to the rights se- 
 cured by the thirteenth and fourteenth 
 amendments to the United States constitur 
 tion and the statutes pursuant thereto. - 
 
 CIVIL SERVICE. Governmental service 
 other than military or naval; administra- 
 tive functions. More commonly used to 
 signify those offices in the federal, state 
 or municipal governments which are filled 
 by appointment of persons competitively 
 examined and passed for merit and ability, 
 irrespective of partisan affiliations. 
 
 CIVIL SIDE. Civil proceedings in a court 
 having both civil and criminal jurisdiction 
 are said to ' be on the "civil side" of the 
 court, whether heard by the same judge as 
 tries the criminal cases or not. 
 
 CIVIL WAR. An internecine war in 
 which the opposing forces both belong to 
 the same country or nation, e. g. the Revolu- 
 tionary War prior to the Declaration of In- 
 dependence, or the late Rebellion prior to 
 the president's proclamation of August 16, 
 1861. 
 
 CIVILIAN. A doctor, professor, or stud- 
 ent of the civil law. 
 
 CI VI LIS (Lat. from civis, a citizen). 
 Civil, as distinguished from criminal. 
 Civilis actio, a civil action. Bracton, fols. 
 101b, 102. Civilis causa, a civil cause. Id. 
 Placita civilia, civil pleas. Fleta, lib. 2, 
 c. 1, § 25. Injwnae civiles, civil injuries. 
 Id. § 5. I 
 
 Civil, belonging to a eivitas or state; jus 
 civile, civil law, the particular law of a 
 state, as distinguished from jus gentium, 
 the common law of nations. Inst. 1. 2. 1. 2. 
 
 CIVILISTA. In old English law. A civil 
 lawyer, or civilian. Dyer, 267. 
 
 CIVILITER. Civilly; opposed to crimi- 
 naliter, or criminally. 
 
 When a person does an unlawful act in- 
 jurious to another, whether with or with- 
 out an intention to commit a tort, he is re- 
 sponsible civiliter. In order to make him 
 liable criminaliter, he must have intended 
 to do the wrong; for it is a maxim, actus 
 non facit reum nisi mens sit rea. 2 East, 
 104. 
 
 CIVILITER MORTUUS. Civilly dead; in 
 a state of civil death. 
 
 CIVIS (Lat.) In the Roman law. A citi- 
 zen; as distinguished from incola (an in- 
 habitant) ; origin or birth constituting the 
 former, domicile the latter. Code, 10. 40. 7. 
 
 CIVITAS (Lat.) In the Roman law. Any 
 body of people living under the same laws; 
 a state. Jus civitatis, the law of a state; 
 
CIVITAS ET URBS 
 
 171 
 
 CLASSIFICATION 
 
 civil law. Inst. 1. 2. 1. 2. Civitates foede- 
 ratae, towns in alliance with Rome, and 
 considered to be free. Butler, Hor. Jur. 29. 
 Citizenship; one of the three status, con- 
 ditions, or qualifications of persons. Mac- 
 keld. Civ. Law, § 131. 
 
 CIVITAS ET URBS IN HOC DIFFER- 
 unt, quod incolae dicuntur civitas, urbs vero 
 cpmplectitur aedificia. A city and a town 
 differ in this, that the inhabitants are called 
 the "city," but "town" includes the build- 
 ings. Co. Litt. 409. 
 
 CLAIM. A challenge of the ownership of 
 a thing which is wrongfully withheld from 
 the possession of the claimant. Plowd. 359. 
 See 1 Dall. (Pa.) 444; 12 Serg. & R. (Pa.) 
 179. 
 
 The owner of property proceeded against 
 in admiralty by a suit in rem must present 
 a claim to such property, verified by oath 
 or affirmation, stating that the claimant by 
 whom or on whose behalf the claim is made, 
 and no other person, is the true and bona 
 fide owner thereof, as a necessary prelim- 
 inary to his making defense. 2 Conkl. Adm. 
 201-210. 
 
 A demand entered of record of a mechanic 
 or materialman for work done or material 
 furnished in the erection of a building, In 
 certain counties in Pennsylvania. 
 
 The assertion of a liability to the party 
 making it to do some service or pay a sum 
 of money. See 16 Pet. (U. S.) 539. 
 
 The possession of a settler upon the wild 
 lands of the government of the United 
 ' States; the lands which such a settler holds 
 possession of. 
 
 CLAIM OF CONUSANCE. In practice. 
 An intervention by a third person demand- 
 ing jurisdiction of a cause which the plain- 
 tiff has commenced out of the claimant's 
 court. Now obsolete. 2 Wils. 409; 3 Bl. 
 Coram. 298. 
 
 CLAIM OF LIBERTY. A suit or petition 
 to the crown, in the court of exchequer, to 
 have liberties and franchises confirmed 
 there by the attorney general. Wharton. 
 
 CLAIM, VI, AUT PRECARIO. By force, 
 stealth, or importunity. 
 
 CLAIMANT. 
 
 In Admiralty Practice. A person au- 
 thorized and admitted to defend a libel 
 brought in rem against property; thus, for 
 example, thirty hogsheads of sugar. 9 
 Cranch (U. S.) 191. 
 
 ' In Old English Law. The plaintiff in 
 
 ejectment. 
 
 CLAM. In the civil law. Covertly; se- 
 cretly. 
 
 CLAM DELINQUENTES MAGIS PUNI- 
 untur quam palam. Those sinning secretly 
 are punished more severely than those sin- 
 ning openly. 8 Coke, 127. 
 
 CLAMEA ADMITTENDA IN ITINERE 
 per attornatum. An ancient writ, by which 
 the king commanded the justices in eyre to 
 admit the claim by attorney of a person 
 who was in the royal ^service, and could not 
 appear in person. Reg. Grig. 19. 
 
 CLAMOR (Lat.) A suit or demand; a 
 complaint. Du Cange; Spelman. 
 
 In Civil Law. A claimant; a debt; 
 
 anything claimed from another ; a proclama- 
 tion; an accusation. Du Cange. 
 
 CLARE CONSTAT (Lat.) It Is clearly 
 evident. 
 
 In Scotch Law. A deed given by a 
 
 mesne lord (subject superior) for the pur- 
 pose of completing the title of the vassal's 
 heir to the lands held by the deceased vassal 
 under the grantor. Bell, Diet. 
 
 CLAREMETHEN. In old Scotch law. The 
 warranty of stolen cattle or goods; the law 
 regulating such warranty. Skene de Verb. 
 Sign. 
 
 CLARENDON, CONSTITUTIONS OF. 
 
 The constitutions of Clarendon were cer- 
 tain statutes made in the reign of Henry II., 
 of England, at a parliament held at Claren- 
 don, by which the king checked the. power of 
 the pope and his clergy, and greatly nar- 
 rowed the exemption they claimed from sec- 
 ular jurisdiction. 
 
 Previous to this time, there had been an 
 entire separation between the clergy and 
 laity, as members of the same common- 
 wealth. The clergy, having emancipated 
 themselves from the laws as administered 
 by the courts of law, had assumed powers 
 and exemptions quite inconsistent with the 
 good government of the country. 
 
 CLARIFICATIO (Lat.) In old Scotch 
 law. A making clear; the purging or clear- 
 ing (clenging) of an assize. Skene de Verb. 
 Sign. Clarificatio debiti, the clearness of a 
 debt which is sufficiently proved and veri- 
 fied. 
 
 CLASS. A number of persons or things 
 ranked together for some common purpose, 
 or as possessing some attribute in common. 
 
 The term is used of legatees (3 McCord 
 [S. C] 440), of obligees in a bond (3 Dev. 
 [N. C] 284; 4 Dev. [N. C] 382), and of 
 other collections of persons (17 Wend. [N. 
 Y.]/ 52; 16 Pick. [Mass.] 132). 
 
 CLASSIARIUS. A seaman or soldier serv- 
 ing at sea. 
 
 CLASSICI. In the Roman law. Persons 
 employed in servile duties on board of ves- 
 sels. Code, 11. 12. 
 
 CLASSIFICATION. In English practice. 
 In the English chancery division, where 
 there are several parties to an administra- 
 tion action, including those who have been 
 served with notice of the decree or judg- 
 
CLAUSE 
 
 172 
 
 CLERICI DE CANCELLARIA 
 
 ment, and it appears to the judge (or chief 
 clerk) that any of them form a class hav- 
 ing the same interests (e. g. residuary lega- 
 tees), he may require them to be represent- 
 ed by one solicitor, in order to prevent the 
 expense of each of them attending by sepa- 
 rate solicitors. This is termed "classify- 
 ing the interests of the parties attending," 
 or, shortly, "classifying" or "classifica- 
 tion." In practice, the term is also applied 
 to the directions given by the chief clerk 
 as to which of the parties are to attend 
 on each of the accounts and inquiries di- 
 rected by the judgment. Consol. Orders, 
 20; Daniell, Ch. Pr. 1088. See, also, Rules 
 of Court, xvi. 12b (April, 1880). Special 
 regulations on this head are in force in the 
 master of the roll's chambers. 
 
 CLAUSE. A part of a treaty; of a legis- 
 lative act; of a deed; of a will, or other 
 written instrument; a part of a sentence. 
 
 As used in a statute relating to wills, a 
 clause is "some collocation of words in a 
 will which, when removed out of the will, 
 will leave the rest intelligible." The clause 
 need not "be capable of being read as a doc- 
 ument by itself, if taken alone." L. R. 4 
 App. Cas. 77. 
 
 CLAUSE IRRITANT. By this clause, in 
 a deed or settlement, the acts or deeds of a 
 tenant for life or other proprietor, contrary 
 to the conditions of his right, become null 
 and void, and, by the "resolutive" clause, 
 such right becomes resolved and extin- 
 guished. Bell, Diet. 
 
 CLAUSE ROLLS. Contain all such mat- 
 ters of record as were committed to close 
 writs. These rolls are preserved in the 
 Tower. Rapalje & L. 
 
 CLAUSULA. A clause; a sentence or 
 part of a sentence in a written instrument 
 or law. So called as inclosing or including 
 certain words. 
 
 CLAUSULA GENERALIS DE RESIDUO 
 non ea complectitur quae non ejusdem sint 
 generis cum lis quae speciatim dicta fuer- 
 ant. A general clause of remander does 
 not embrace those things which are not of 
 the same kind with those which had been 
 specially mentioned. Lofft, 419. 
 
 CLAUSULA GENERALIS NON REFER- 
 tur ad expressa. A general clause does not 
 refer to things expressed. 8 Coke, 154. 
 
 CLAUSULA QUAE ABROGATION EiVl EX- 
 cludit ab initio non valet. A clause in a 
 law which precludes its abrogation is in- 
 valid from the beginning. Bac. Max. reg. 
 19, p. 89; 2 Dwar. St. 673; Broom, Leg. 
 Max. (3d London Ed.) 27 
 
 CLAUSULA VEL DISPOSITIO INUTILIS 
 per praesumptionem remotam vel causam, 
 ex post facto non fulcitur. A useless .clause 
 or disposition, i. e., one which the law would 
 have implied, is not supported by a remote 
 
 presumption, or by a cause arising after- 
 wards. Bac. Max. reg. 21; Broom, Leg. 
 Max. (3d London Ed.) 599. 
 
 CLAUSULAE INCONSUETAE SEMPER 
 Inducunt suspicionem. Unusual clauses al- 
 ways excite a suspicion. 3 Coke, 81; Broom, 
 Leg. Max. (3d London Ed.) 264. 
 
 CLAUSUM. Close; closed. 
 
 A writ was either clausum (close) or 
 apertum (open). Grants were said to be 
 by literae patentae (open grant) or literae 
 clausae (close grant). 2 Bl. Comm. 346. 
 
 A close; an inclosure. 
 
 CLAUSUM FREGIT. See "Quare Clau- 
 sum Fregit." 
 
 CLAUSURA. An Inclosure. 
 
 CLAVES CURIAE. The keys of the court. 
 A figurative term applied in Scotch law to 
 the officers of court. 
 
 CLAVIA. A mace. 
 
 CLEAR DAYS. A specified number ol 
 clear days is to be reckoned, exclusive of 
 both the first and last days. 1 Dowl. (N. 
 S.) 767. 
 
 CLEARANCE. A certificate given by the 
 collector of a port, in which it is stated 
 that the master or commander (naming 
 him) of a ship or vessel named and de- 
 scribed, bound for a port named, and hav- 
 ing on board goods described, in case the 
 master requires the particulars of his cargo 
 to be stated in such clearance, has entered 
 and cleared his ship or vessel according to 
 law. 
 
 CLEARING HOUSE. In commercial law. 
 an office where bankers settle daily with 
 each other the balances of their accounts. 
 Morse, Banks, 450. 
 
 CLEMENTINES. In ecclesiastical law. 
 The collection of decretals or constitutions 
 of Pope Clement V., which was published, 
 by order of John XXII., his successor, in 
 1317. 
 
 CLERGY. The name applicable to eccle- 
 siastical ministers as a class. 
 
 CLERGYABLE. In English law. Allow- 
 ing of, or entitled to, the benefit of clergy 
 (privilegium clericale) . Used of persons or 
 crimes. 4 Bl. Comm. 371 et seq. 
 
 CLERICAL feRROR. An error made by a 
 clerk in transcribing or otherwise. A mis- 
 take in writing or copying any document. 
 
 CLERICALE PRIVILEGIUM. Benefit of 
 clergy (q. v.) 
 
 CLERICI DE CANCELLARIA. Clerks ol 
 chancery. See "Six Clerks in Chancery.' 
 
CLERICI PRAENOTARII 
 
 173 
 
 CLERK OP THE HOUSE 
 
 CLERICI PRAENOTARII. The six clerks 
 in chancery. 2 Reeve, Hist. Eng. Law, 251. 
 Fleta calls them sea; clerici praenotarii. 
 
 CLERICO ADMITTENDO. See "De Cler- 
 ico, etc." 
 
 CLERICO CAPTO PER STATUTUM 
 mercatorum. See "De Clerico, etc." 
 
 CLERICO CONVICTO COMMISSO GAO- 
 lae in defectu ordinarii deliberando. See 
 "De Clerico, etc." 
 
 CLERICO INFRA SACROS ORDINES 
 constitute, non ellgendo in officlum. See 
 "De Clerico, etc." ' 
 
 CLERICUS (Lat.) 
 
 In Civil Law. Any one who has tak- 
 en orders in church, of whatever rank; 
 monks. A general term including bishops, 
 subdeacons, readers, and cantors. Du Cange. 
 Used, also, of those who were given up to 
 the pursuit of letters, and who were learned 
 therein. Also of the amanuenses of the 
 judges or courts of the king. Du Cange. 
 
 In English Law. A secular priest, in 
 
 opposition to a regular one. Kennett, Par. 
 jGit. 171. A clergyman or priest; one in 
 orders. Nullus clericus nisi causidicus, no 
 clerk but what is a pleader. 1 Bl. Comm. 
 17. A freeman, generally. One who was 
 charged with various duties in the king's 
 household. Du Cange. 
 
 CLERICUS ET AGRICOLA ET MERCA- 
 tor, tempore belli, ut oret, colat, et com- 
 mutet, pace fruuntur. Clergymen, husband- 
 men, and merchants, in order that they may 
 preach, cultivate, and trade, enjoy peace in 
 time of war. 2 Inst. 58. 
 
 CLERICUS MERCATI. In old English 
 law. Clerk of the market. Fleta, lib. 2, c. 
 8; 2 Inst. 543. 
 
 CLERICUS NON CONNUMERETUR IN 
 duobus ecclesiis. A clergyman should not 
 be appointed to two churches. 
 
 CLERICUS PAROCHIALIS. In old Eng- 
 lish law. A parish clerk. Towns. PI. 213. 
 
 Otherwise called clericus sacerdotis. Cow- 
 ell. 
 
 CLERIGOS. In Spanish law. Clergy; 
 men chosen for the service of God. White, 
 New Recop. bk. 1, tit. 5, c. 4, 
 
 CLERK. 
 
 In Commercial Law. A person in the 
 
 employ of a merchant, who attends only to 
 a part of his business, while the merchant 
 himself superintends the whole. He differs 
 from a factor in this, that the latter wholly 
 supplies the place of his principal in respect 
 to the property consigned to him. Pardes- 
 sus. Dr. Com. note 38; 1 Chit. Prac. 80; 2 
 Bouv. Inst, note 1287, 
 
 A general name for salesmen, bookkeep- 
 ers, amanuenses, and other employees of 
 that class. 
 
 A person employed in an oflfice, public or 
 private, for keeping records or accounts. 
 
 In Ecclesiastical Law. An individual 
 
 who is attached to the ecclesiastical state, 
 and has submitted to the tonsure. One who 
 has been ordained. 1 Bl. Comm. 388. A 
 clergyman. 4 Bl. Comm. 367. 
 
 CLERK OF ARRAIGNS. Officers attached 
 to the central criminal court in England, 
 and to each circuit. The clerk of arraigns 
 "has to discharge, for the judge sitting on 
 the crown side (i. e. in criminal cases), 
 the duties which are discharged for him by 
 a master on the civil side. Taxation of 
 costs, allowance to witnesses, the business 
 connected with jurors, their excuses and 
 fines, the custody of documents, the duty 
 of recording verdicts and making out war- 
 rants after sentence are, in addition to ad- 
 vising the court upon points of criminal pro- 
 cedure, among the duties of the clerk of ar- 
 raigns." Second Rep. Leg. Dep. Comm. 
 (1874) 22. 
 
 CLERK OF ASSIZE. The officer who is 
 responsible for the due performance of the 
 administrative duties of the courts of as- 
 sizes on each circuit. He performs the same 
 duties on circuit which the associate for- 
 merly performed, and which the masters 
 now perform at the sittings of nisi prius at 
 London and Middlesex. 
 
 CLERK OF COURT. An officer ot a court 
 of justice, having the custody of its records 
 and seals, and whose duty it is, among other 
 things, to certify to the correctness of tran- 
 scripts from such record. 
 
 CLERK OF ENROLLMENTS. In English 
 law. The former chief officer of the English 
 enrollment office. He formed part of the 
 staff of the central office (q. v.), but the 
 office is now abolished. 
 
 CLERKS OF INDICTMENTS. Officers at- 
 tached to the central criminal court in Eng- 
 land, and to each circuit. They prepare and 
 settle indictments against offenders, and as- 
 sist the clerk of arraigns. 
 
 CLERK OF THE CROWN IN CHAN- 
 eery. See "Crown Office in Chancery." 
 
 CLERK OF THE HOUSE OF COMMONS. 
 One of the chief officers of the lower house 
 of the English parliament. He is appointed 
 by the crown as under clerk of the parlia- 
 ments, to attend upon the commons. He 
 makes a declaration, on entering upon his 
 office, to make true entries, remembrances, 
 and journals of the things done and passed 
 in the house. He signs all orders of the 
 house, indorses the bills sent or returned to 
 the lords, and reads whatever is required to 
 be read in the house. He has the custody of 
 
CLERK OF THE PEACE 
 
 174 
 
 CLOUD ON TITLE 
 
 all records and other documents. May, 
 Pari. Prac. 289. 
 
 CLERK OF THE PEACE. An officer ap- 
 pointed by the custos rotulorum (q. v.) to 
 assist the justices of the peace /in quarter 
 sessions in drawing indictments, entering 
 judgments, issuing process, etc. Pritch. 
 Quar. Sess. 49. 
 
 CLERK OF THE PETTY BAG. See "Pet- 
 ty Bag Office." 
 
 CLERK OF THE PRIVY SEAL. There 
 are four of these officers, who attend the 
 lord privy seal, orj in the absence of the 
 lord privy seal, the principal secretary of 
 state. _ Their duty is to write and make out 
 all things that are sent by warrant from 
 the signet to the privy seal, and which are 
 to be passed to the great seal, and also to 
 make out "privy seals," as they are termed, 
 upon any special occasion of his majesty's 
 affairs, as for the loan of money, and such 
 like purposes. 27 Hen. VIII. c. 11. Cowell. 
 
 CLERK OF THE SIGNET. An officer In 
 England, whose duty it is to attend on the 
 king's principal secretary, who always has 
 the custody of the privy signet, as well 
 for the purpose of sealing his majesty's pri- 
 vate letters, as also grants which pass his 
 majesty's hand by bill signed. There are 
 four of these officers. 27 Hen. VIII. c. 11, 
 Cowell. 
 
 CLERKS OF RECORDS AND WRITS. Of- 
 ficers formerly attached to the English court 
 of chancery, whose duties consisted princi- 
 pally in sealing bills of complaint and writs 
 of execution, filing affidavits, keeping a rec- 
 ord of suits, and certifying office copies of 
 pleadings and affidavits. They were three 
 in number, and the business was distributed 
 among them according to the letters of the 
 alphabet. Second Rep. Leg. Dep. Comm. 43. 
 By the judicature acts of 1873, 1875, they 
 were transferred to the chancery division 
 of the high court. Now, by the judicature 
 (officers') act of 1879, they have been trans- 
 ferred to the central office of the supreme 
 court, 'under the title of "Masters of the 
 Supreme Court," and the office of clerk of 
 records and writs has been abolished. 
 
 CLERKS OF SEATS. In the principal 
 registry of the probate division of the Eng- 
 lish high court, clerks of seats discharge 
 the duty of preparing and passing the 
 grants of probate and letters of adminis- 
 tration, under the supervision of the regis- 
 trars. There are six seats, the business of 
 which is regulated by an alphabetical ar- 
 rangement, and each set has four clerks. 
 They have to take bonds from administra- 
 tors, and to receive caveats against a grant 
 being made in a case where a will is con- 
 tested. They also draw the "acts," i. e., 
 a short summary of each grant made, con- 
 
 taining the name of the deceased, amount 
 of assets, and other particulars. Second 
 Rep. Leg. Dep. Comm. 79. 
 
 CLERKSHIP. The period which must be 
 spent by a law student in the office of a 
 practicing attorney before admission to the 
 bar. 1 Tidd, Prac. 61 et seq. 
 
 CLIENT. One who employs and retains 
 an attorney or counsellor to manage or de- 
 fend a suit or action to which he is a party, 
 or to advise him about some legal matters. 
 See "Attorney at Law." 
 
 CLIENTELA. In old English law. The 
 state of a client; clientship; protection; 
 patronage; guardianship. Applied to the 
 relation of a church to its patron. 2 Bl. 
 Comm. 21. 
 
 CLIFFORD'S INN. An inn of chancery. 
 See "Inns of Chancery." 
 
 CLITO. In Saxon law. The son ol a 
 king or emperor; the next heir to the 
 throne; the Saxon adeling. Spelman. 
 
 CLOERE. A prison or dungeon. 
 
 CLOSE. An interest in the soil (Doctoj 
 & Stud. 30; 6 East, 154; 7 East, 207; 1 
 Burrov/s, 133), or in trees or growing crops 
 (4 Mass. 266; 9 Johns. [N. Y.] 113). 
 
 An inclosed tract of land. 3 Bl. Comm. 
 209. 
 
 In every case where one has a right to 
 exclude another from his land, the law en- 
 circles it, if not actually inclosed, with an 
 imaginary fence, and entitles him to a com- 
 pensation in damages for the injury he 
 sustains by the act of another passing 
 through his boundary, denominating such 
 land a "close." Hammond, N. P. 151; Doc- 
 tor & Stud. dial. 1, c. 8, p. 30; 2 Whart. 
 (Pa.) 430. 
 
 CLOSE COPIES. Copies which might be 
 written with any number of words on a 
 sheet. Office copies were to contain only a 
 prescribed number of words on each sheet. 
 
 CLOSE ROLLS. Rolls containing the rec- 
 ord of the close writs (literae elausae) and 
 grants of the king, kept with the public 
 records. 2 Bl. Comm. 346. 
 
 CLOSE WRITS. Writs directed to the 
 sheriff instead of to the lord. 3 Reeve, 
 Hist, Eng. Law, 45. Writs containing 
 grants from the crown to particular per- 
 sons, and for particular purposes, which, 
 not being intended for public inspection, 
 are closed up and sealed on the outside, 
 instead of being open and having the seal 
 appended by a strip of parchment. 2 Bl. 
 Comm. 346; Sewell, Sheriffs, 372. 
 
 CLOUD ON TITLE. A proceeding or In- 
 strument, such as a deed or mortgage, or 
 a tax or assessment, judgment or decree, 
 which, if valid, would apparently, and on 
 its face, impair the title of a person to 
 
CLOUGH 
 
 175 
 
 CODE 
 
 land, but which is in fact invalid, such in- 
 validity being demonstrable by proof of ex- 
 trinsic facts. Equity has jurisdiction of 
 actions brought to remove clouds on title 
 by cancellation of instruments creating 
 them. 
 
 CLOUGH. A valley. An allowance of 
 two pounds in every hundred weight for 
 the turn of the scale, on buying goods 
 wholesale by weight. 
 
 CLUB. The term "club" imports a deadly 
 weapon. 178 111. App. 238; 32 111. App. 62. 
 
 CLUBS. A name applied loosely to volun- 
 tary organizations of persons for a common 
 purpose, usually either social, recreative, 
 political, or educative. The form of the 
 organization is not essential, and, though 
 usually unincorporated, a club may be in- 
 corporated. See "Association." 
 
 CLYPEUS, or CLIPEUS. In old English 
 law. A shield; metaphorically one of a 
 noble family. Clypei prostrati, noble fami- 
 lies extinct. Mat. Paris, 463. 
 
 COADJUTOR. The assistant of a bishop; 
 an assistant. 
 
 CO-ADMINISTRATOR. One who is ad- 
 ministrator with one or more others. See 
 "Administrator." 
 
 COADUNATIO. A conspiracy. 9 Coke, 
 56. 
 
 COAL NOTE. In English law. A species 
 of promissory note authorized by St. 3 Geo. 
 II. c. 26, §§ 7, 8, which, having these words 
 expressed therein, namely, "value received 
 in coals," are to be protected and noted as 
 inland bills of exchange. 
 
 COALITION. In French law. An unlaw- 
 ful agreement among several persons not to 
 do a thing except on some conditions agreed 
 upon; a conspiracy. 
 
 COASSIGNEE. One who is assignee with 
 one or more others. See "Assignment." 
 
 COAST. The margin of a country bound- 
 ed by the sea. This term includes the nat- 
 ural appendages of the territory which rise 
 out of the water, although they are not of 
 sufficient firmness to be inhabited or forti- 
 fied. Shoals perpetually covered with water 
 are Hot, however, comprehended under the 
 name of "coast." 5 C. Rob. Adm. 385c. 
 
 COASTING TRADE. Domestic trade be- 
 tween port and port in the United States, 
 as distinguished from foreign trade between 
 a port in the United States and a port in a 
 foreign country. 1 Wend. (N. Y.) 557; 10 
 'Cal. 504. It is said to include a trade be- 
 tween places in the same district on a navi- 
 gable river (3 Cow. [N. Y.] 713) , but not 
 to the mere crossing of a river (1 Newb. 
 24). 
 
 COCKET. A seal appertaining to the 
 king's custom house. Reg. Orig. 192. 
 
 A scroll or parchment sealed and deliv- 
 ered by the oflicers of the custom house to 
 merchants, as an evidence that their wares 
 are customed. Cowell; Spelman. See 7 
 Low. (U. S.) 116. 
 
 The entry office in the custom house it- 
 self. 
 
 A kind of bread said by Cowell to be 
 hard-baked; sea biscuit. 
 
 COCKPIT. A name which used to be 
 given to the judicial committee of the privy 
 council, the council room being built on the 
 old cockpit of Whitehall Place. Wharton. 
 
 CODE. A body of law established by the 
 legislative authority of the state, and de- 
 signed to regulate completely, so far as a 
 statute may, the subjects to which it re- 
 lates. 
 
 The idea of a code involves that of the 
 exercise of the legislative power in its pro- 
 mulgation; but the name has been loosely 
 applied also to private compilations of stat- 
 utes. The subject of codes and the kindred 
 topics of legal reform have received great 
 attention from the jurists and statesmen of 
 the present century. When it is considered 
 how rapidly statutes accumulate as time 
 passes, it is obvious that great convenience 
 will be found in having the statute law in a 
 systematic body, arranged according to sub- 
 ject-matter, instead of leaving it unorgan- 
 ized, scattered through the volumes in which 
 it was from year to year promulgated. But 
 when the transposition of the statutes from 
 a chronological to a scientific order is under- 
 taken, more radical changes immediately 
 propose themselves. These are of two 
 classes : First, amendments for the purpose 
 of harmonizing the inconsistencies which 
 such an arrangement brings to notice, and 
 supplying defects; second, the introduction 
 into the system of all other rules which are 
 recognized as the unwritten or common law 
 of the state. The object of the latter class 
 of changes is to embody in one systematic 
 enactment all that is thenceforth to be re- 
 garded as the law of the land. It is this 
 attempt which is usually intended by the 
 distinctive term "codification." 
 
 The first two of the questions thus indi- 
 cated may be deemed as settled, by general 
 concurrence, in favor of the expediency of 
 such changes; and the process of the collec- 
 tion of the statute law in one general code, 
 or in a number of partial codes or syste- 
 matic statutes, accompanied by the amend- 
 ments which such a revision invites, is a 
 process which for some years has been re- 
 novating the laws of England and the Unit- 
 ed States. Although at the same time some- 
 thing has been done, especially in this coun- 
 try, towards embodying in these statutes 
 principles which before rested in the com- 
 mon or report law, yet the feasibility of 
 doing this completely, or even to any great 
 
CODE 
 
 176 
 
 CODE 
 
 extent, must be deemed an open question. 
 It has been discussed with great ability by 
 Bentham, Savigny, Thibaut, and others. It 
 is undeniable that, however successfully a 
 code might be supposed to embody all exist- 
 ing and 4eclared law," so as to supersede 
 previous sources, it cannot be expected to 
 provide prospectively for all the innumer- 
 able cases which the diversity of affairs 
 rapidly engenders, and there must soon 
 come a time when it must be studied in 
 the light of numerous explanatory decisions. 
 
 These discussions have called attention to 
 a subject formerly little considered, but 
 which is of fundamental importance to the 
 successful preparation of a code, — the mat- 
 ter of statutory expression. There is no 
 species of composition which demands more 
 care and precision than that of drafting a 
 statute. The writer needs not only to make 
 his language intelligible, he must make it 
 incapable of misconstruction. When it has 
 passed to a law, it is no longer his intent 
 that is to be considered, but the intent of 
 the words which he has used; and that in- 
 tent is to be ascertained under the strong 
 pressure of an attempt of the advocate to 
 win whatever possible construction may be 
 most favorable to his cause. The true safe- 
 guard is found not in the old method of 
 accumulating synonyms, and by an enum- 
 eration of particulars, but rather — as is 
 shown by those American codes of which 
 the Revised Statutes of New York and the 
 revision of Massachusetts are admirable 
 specimens — ^by concise but complete state- 
 ment of the full principle in the fewest 
 possible words, and the elimination of de- 
 scription and paraphrase by the separate 
 statement of necessary definitions. One of 
 the rules to which the New York revisors 
 generally adhered, and which they found of 
 very great importance, was to confine each 
 section to a single proposition. In this way, 
 the intricacy and obscurity of the old stat- 
 utes were largely avoided. The reader who 
 wishes to pursue this interesting subject 
 will find much that is admirable in Coode's 
 treatise on Legislative Expression (London, 
 1845). The larger work of Gael (Legal 
 Composition, London, 1840) is more espe- 
 cially adapted to the wants of the English 
 profession. 
 
 Austrian. The Civil Code was promul- 
 gated in 1811, — ^the code of Joseph II. 
 (1780) having been .found wholly unsuited 
 to the purpose and by his successor abro- 
 gated. It is founded in a great degree upon 
 the Prussian. The Penal Code (1852) is 
 said to adopt to some extent the character- 
 istics of the French Penal Code. 
 
 Burgundian. Leae Romana, otherwise 
 
 known in modern times as the Papiniani Re- 
 sponsorum. Promulgated A. D. 517. 
 
 It was founded on the Roman law, and its 
 chief interest is the indication which, in 
 common with the other Barbaric codes, it 
 affords of the modifications of jurisprudence 
 
 under the changes of society amidst which 
 it arose. 
 
 Consolato del Mare. A code of mari- 
 time law of high antiquity and great celeb- 
 rity. 
 
 Its origin is not certainly known. It has 
 been ascribed to the authority of the ancient 
 kings of Arragen; but there is some reason 
 for maintaining the theory that it was grad- 
 ually collected and handed down as a digest 
 of all the principal rules and usages estab- 
 lished among the maritime nations of Eu- 
 rope from the twelfth to the fourteenth cen- 
 tury. Since it was first printed at Barcelona 
 in the fourteenth century, it has been en- 
 larged from time to time by the addition 
 of various commercial regulations. Its doc- 
 trines are founded to a large extent on the 
 Greek and Roman law. It seems to have 
 been originally written in the dialect of 
 Catalonia; but it has been translated into 
 every language of Europe, except English. 
 It is referred to at the present day as an 
 authority in respect to the ownership of ves- 
 sels, the rights and obligations thereto, to 
 the rights and responsibilities of master and 
 seamen, to the law of freight, of equipment 
 and supply, of jettison and average, of sal- 
 vage, of ransom and of prize. The edition 
 of Pardessus, in his Collection de Lois Mori- 
 times (volume 2 ) , is deemed the best. 
 
 ^—French Codes. The chief French 
 codes of the present day are five in number, 
 sometimes known as Les Cinq Codes. They 
 were in great part the work of Napoleon, 
 and the first in order bears his name. They 
 are all frequently printed in one duodecimo 
 volume. These codes do not embody the 
 whole French law, but minor codes and a 
 number of scattered statutes must also be 
 resorted to upon special subjects. 
 
 (1) Code Civil, or Code Napoleon, is com- 
 posed of thirty-six laws, the first of which 
 was passed in 1803, and the last in 1804, 
 which united them all in one body, under 
 the name of Code Civil des Francais. 
 
 The first steps towards its preparation 
 were taken in 1793, but it was not prepared 
 till some years subsequently, and was finally 
 thoroughly discussed in all its details by the 
 court of Cassation, of which Napoleon was 
 president, and in the discussions of which 
 he took an active part throughout. In 1807 
 a new edition was promulgated, the title 
 Code Napoleon being substituted. In the 
 third edition (1816) the old title was re- 
 stored; but in 1852 it was again displaced 
 by that of Napoleon. 
 
 Under Napoleon's reign, it became the law 
 of Holland, of the Confederation of the 
 Rhine, Westphalia, Bavaria, Italy, Naples, 
 Spain, etc. It has undergone great amend- 
 ment by laws enacted since it was estab- 
 lished. It is divided into three books: Book 
 1, "Of Persons and the Enjoyment and Pri- 
 vation of Civil Rights." Book 2, "Property 
 and Its Different Modifications."- Book 3, 
 "Different Ways of Acquiring Property." 
 
CODE 
 
 177 
 
 CODE 
 
 Prefixed to it is a preliminary title, "Of the 
 Publication, Effects, and Application of 
 Laws in General." 
 
 One of the most perspicuous and able 
 commentators on this code is TouUier, fre- 
 quently cited In this work. 
 
 (2) Code de Procedure Civil. That part 
 of the code which regulates civil proceed-, 
 ings. 
 
 It is divided into two parts: Part 1 con- 
 sists of five books, the first of which treats 
 of justices of the peace; the second, of in- 
 ferior tribunals; the third, of royal (or ap- 
 pellate) courts; the fourth, of extraordinary 
 means of proceeding; the fifth, of the execu- 
 tion of judgments. Part 2 is _ divided into 
 three books, treating of various matters 
 and proceedings special in their nature. 
 
 (3) Code de Commerce. The code for the 
 regulation of commerce. 
 
 This code was enacted in 1807. Book 1 is 
 entitled, "Of Commerce in General." Book 
 2, "Maritime Commerce." The whole law of 
 this subject is not embodied in this book. 
 Book 3, "Failures and Bankruptcy." This 
 book was very largely amended by the law 
 of 28th May, 1838. Book 4, "Of Commer- 
 cial Jurisdiction,"— the organization, juris- 
 diction, and proceedings of commercial trib- 
 unals. This code is, in one sense, a sup- 
 plement to the Code Napoleon, applying the 
 principles of the latter to the various sub- 
 jects of commercial law. The two contain 
 much that is valuable upon commercial 
 subjects. Pardessus is one of the most able 
 of its expositors. 
 
 (4) Code ^Instruction Criminelle. The 
 code regulating procedure in criminal cases, 
 taking that phrase in a broad sense. 
 
 Book 1 treats of the police; book 2, of 
 the administration of criminal justice. It 
 was enacted in 1808 to take effect with the 
 Penal Code in 1811. 
 
 (5) Code Penal. The penal or criminal 
 code. 
 
 Enacted in 1810. Book 1 treats of penal- 
 ties in criminal and correctional cases, and 
 their effects; book 2, of crimes and misde- 
 meanors, and their punishment; book 3, of- 
 fenses against the police regulations, and 
 their punishment. Important amendments 
 of this code have been made by subsequent 
 legislation. 
 
 (6) There is also a Code Forestier; and 
 the name "code" has been inaptly given to 
 some private compilations on other subjects. 
 
 Gregorian. An unofficial compilation 
 
 of the rescripts of the Roman emperors. It 
 was made in the fourth century, and is not 
 now extant. 
 
 The Theodosian Code, which was promul- 
 gated nearly a century afterwards, was a 
 continuation of this, and of the collection of 
 Hermogenes. The chief interest of all of 
 these collections is in their relation to their 
 great successor, the Justinian Code. 
 
 Hanse Towns, Laws of the. A code of 
 
 maritime law established by the Hanseatic 
 towns. 
 
 It was first published in German, at Lu- 
 bec, in 1597. In an assembly of deputies 
 from the several towns, held at Lubec, May 
 23, 1614, it was revised and enlarged. The 
 text, with a Latin translation, was published 
 with a commentary by Kuricke; and a 
 French translation has been given by Clei- 
 rac in Us et Coutumes de la Mer. It is 
 not infrequently referred to on subjects of 
 maritime law. 
 
 .^— Henri (French). The best-known of 
 several collections of ordinances made dur- 
 ing the sixteenth, seventeenth, and eigh- 
 teenth centuries, the number of which in 
 part both formed the necessity and fur- 
 nished the material for the Code Napoleon. 
 
 Henri (Haytien). A very judicious 
 
 adaptation from the Code Napoleon for the 
 Haytiens. It was promulgated in 1812 by 
 Christophe (Henri I). 
 
 Hermogenian. An unofficial compila- 
 tion, made in the fourth century, supple- 
 mentary to the Code of Gregorius. It is 
 not now extant. 
 
 Institutes of IVIenu. A code of Hindu 
 
 law, of great antiquity, which still forms 
 the basis of Hindu jurisprudence (Elphin- 
 stone's History of India, p. 83), and is said 
 also to be the basis of the laws of the Bur- 
 mese and of the Laos (Buckle, History of 
 Civilization, vol. 1, p. 54, note 70). 
 
 The Institutes of Menu are ascribed to 
 about the ninth century B. C. A transla- 
 tion will be found in the third volume of 
 Sir William Jones' Works. See "Hindu 
 
 Law." 
 
 Justinian Code. A collection of im- 
 perial ordinances compiled by order of the 
 emperor Justinian. 
 
 All the judicial wisdom of the Roman civ- 
 ilization which is of importance to the 
 American lawyer is embodied in the com- 
 pilations to which Justinian gave his name, 
 and from which that name has received its 
 lustre. Of these, first in contemporary im- 
 portance, if not first in magnitude and pres- 
 ent interest, was the Code. In the first year 
 of his reign, he commanded Tribonian, a 
 statesman of his court, to revise the im- 
 perial ordinances. The first result, now 
 known as the Codex Vetus, is not extant. 
 It was superseded a few years after its 
 promulgation by a new and more complete 
 edition. Although it is this alone which 
 is now known as the Code of Justinian, 
 yet the Pandects and the Institutes which 
 followed it are a part of the same system, 
 declared by the same authority; and the 
 three together form one codification of the 
 law of the Empire. The first of these 
 works occupied Tribonian and nine asso- 
 ciates fourteen months. It is comprised in 
 twelve divisions or books, and embodies all 
 that was deemed worthy of preservation 
 of the imperial statutes from the time of 
 Hadrian down. The Institutes is an ele- 
 
CODE 
 
 178 
 
 CODE 
 
 mentary treatise prepared by Tribonian and 
 two associates upon the basis of a similar 
 work by Gaius, a lawyer of the second cen- 
 tury. 
 
 The Pandects, which were made public 
 about a month after the Institutes, were an 
 abridgment of the treaties and the com- 
 mentaries of the lawyers. They were pre- 
 sented in fifty books. Tribonian and the 
 sixteen associates who aided him in this 
 part of his labors accomplished this abridg- 
 ment in three years. It has been judged to 
 bear obvious marks of the haste with 'vvhich 
 it was compiled; but it is the chief embodi- 
 ment of the Roman law, though not the most 
 convenient resort for the modern student of 
 that law. 
 
 Tribonian found the law, which for four- 
 teen centuries had been accumulating, com- 
 prised in two thousand books, or — stated ac- 
 cording to the Roman method of computa- 
 tion — in three million sentences. It is prob- 
 able that this matter, if printed in law vol- 
 umes such as are now used, would fill from 
 three to five hundred volumes, — a library 
 perhaps as large as that which would be 
 composed by a collection of the Federal stat- 
 utes and reports. The comparison, to be 
 more exact, should take into account trea- 
 tises and digests, which would add to the 
 bulk of the collection more than to the sub- 
 stance of the material. The commissioners 
 were instructed to extract a series of plain 
 and concise laws, in which there should be 
 no two laws contradictory or alike. In re- 
 vising the imperial ordinances, they were 
 empowered to amend in substance as well 
 as in form. 
 
 The codification being completed, the em- 
 peror decreed that no resort should be had 
 to the earlier writings, nor any comparison 
 be made with them. Commentators were 
 forbidden to disfigure the new with explana- 
 tions, and lawyers were forbidden to cite the 
 old. The imperial authority was sufficient 
 to sink into oblivion nearly all the pre- 
 viously existing sources of law; but the new 
 statutes which the emperor himself found it 
 necessary to establish in order to explain, 
 complete, and amend the law, rapidly ac- 
 cumulated throughout his long reign. These 
 are known as the "Novels." The Code, the 
 Institutes, the Pandects, and the Novels, 
 with some subsequent additions, constitute 
 the Corpus Juris Civilis. Though the Code 
 has lost its sanction, and the Pandects are 
 of secondary value to the present age, the 
 Institutes stand an undisturbed monument 
 of the science. The masterly arrangement 
 of the outline of the law there adopted is 
 to this day a model for digests and com- 
 mentaries. The familiar classification em- 
 ployed by Blackstone is based on this. So 
 far as translation and modem illustration 
 go, it is through the Institutes that the civil 
 law is most accessible to the student. 
 
 Among English translations of the Insti- 
 tutes are that by Cooper (Phila. 1812; N. Y. 
 1841), — ^which is regarded as a very good 
 
 one, — and that by Sanders (Lond. 1853), 
 which contains the original text also, and 
 copious references to the Digests and Code. 
 Among the French commentators are Or- 
 tolan and Pasquiere. 
 
 Livingston's Code. Mr. Edward Liv- 
 ingston, one of the commissioners who pre- 
 pared the Louisiana Code, prepared and pre- 
 sented to congress a draft of a penal code 
 for the United States, which, though it was 
 never adopted, is not infrequently referred 
 to in the books as stating principles of crim- 
 inal law. 
 
 Khammurabi. A code promulgated by 
 
 Khammurabi, the first king of the Babylon- 
 ians. It was discovered at Susa, Persia, in 
 December, 1901, and is the oldest code 
 known to history. 
 
 IVIosaic Code. The code proclaimed 
 
 by Moses for the government of the Jews, 
 B. C. 1491. 
 
 One of the peculiar characteristics of this 
 code is the fact that whilst all that has ever 
 been successfully attempted in other cases 
 has been to change details without revers- 
 ing or ignoring the general principles which 
 form the basis of the previous law, that 
 which was chiefly done here was the asser- 
 tion of great and fundamental principles in 
 part contrary and in part perhaps entirely 
 new to the customs and usages of the peo- 
 ple. These principles, thus divinely re- 
 vealed and sanctioned, have given the Mo- 
 saic Code vast influence in the subsequent 
 legislation of other nations than the He- 
 brews. The topics on which it is most fre- 
 quently referred to as an authority in our 
 law are those of marriage and divorce, and 
 questions of affinity, and of the punishment 
 of murder and seduction. The commen- 
 taries of Michaelis and of Wines are valu- 
 able aids to its study. 
 
 Ordonnance de la IVIarine. A code of 
 
 maritime law enacted in the reign of Louis 
 XIV. 
 
 It was promulgated in 1681, and with 
 great completeness embodied all existing 
 rules of maritime law, including insurance. 
 Kent pronounces it a monument of the wis- 
 dom of the reign of Louis, "far more dur- 
 able and more glorious than all the military 
 trophies won by the valor of his armies." 
 l^ts compilers are unknown. An English 
 translation is contained in the appendix to 
 Peters' Admiralty Reports, vol. 1. The or- 
 dinance has been at once illustrated and 
 eclipsed by Valin's commentaries upon it. 
 
 Oleron, Laws of. A code of maritime 
 
 law, which takes its name from the island 
 of Oleron. . 
 
 Both the French and the Enghsh claim 
 the honor of having originated this code,— 
 the former attributing its compilation to the 
 command of Queen Eleanor, Duehess of Gul- 
 enne, near which province the island of 
 Oleron lies ; the latter ascribing its promul- 
 gation to her son, Richard I. The latter 
 monarch, without doubt, caused it to be im- 
 proved, if he did not originate it, and he 
 
CODE 
 
 179 
 
 COERCION 
 
 introduced it into England. Some additions 
 were made to it by King John. It was pro- 
 mulgated anew in the reign of Henry III., 
 and again confirmed in the reign of Edward 
 III. It is most accessible to the American 
 profession in the translation contained in 
 the -appendix to the first volume of Peters' 
 Admiralty Reports. The French version, 
 with Cleirac's commentary, is contained In 
 Us et Coutumes de la Mer. The subjects 
 upon which it is now valuable are much the 
 same as those of the Consolato del Mare. 
 
 Ostrogothic. The code promulgated 
 
 by Theodoric, king of the Ostrogoths, at 
 Rome, A. D. 500. It was founded on the 
 Roman law. 
 
 Prussian. Allgemeines Landrecht. The 
 
 former code of 1751 was not successful ; but 
 the attempt to establish one was resumed in 
 1780, under Frederic II.; and, after long 
 and thorough discussion, the present code 
 was finally promulgated in 1794. It is 
 known also as the "Code Frederic." 
 
 Rhodian Laws. A maritime code 
 
 adopted by the people of Rhodes, and in 
 force among the nations upon the Medi- 
 terranean nine or ten centuries before 
 Christ. There is reason to suppose that the 
 collection under this title in Vinnius is 
 spurious, and, if so, the code is not extant. 
 See Marsh. Ins. bk. 1, c. 4, p. 15. 
 
 Theodosian. A code compiled by a 
 
 commission of eight, under the direction of 
 Theodosian the Younger. 
 
 It comprises the edicts and rescripts of 
 sixteen emperors, embracing a period of one 
 hundred and twenty-six years. It was pro- 
 mulgated in the Eastern empire in 438, and 
 quickly adopted, also, in the Western em- 
 pire. The great modern expounder of this 
 code is Gothofredus (Godefroi). The re- 
 sults of modern researches regarding this 
 code are well stated in the Foreign Quar- 
 terly Review (volume 9, p. 374). 
 
 —Twelve .Tables. Laws of ancient 
 Rome, compiled on the basis of those of 
 Solon and other Greek legislators. 
 
 They first appeared in the year of Rome 
 303, inscribed on ten plates of brass. In the 
 following year, two others were added, and 
 the entire code bore the name of the "Laws 
 of the Twelve Tables." The principles they 
 contained were the germ of the body of the 
 Roman law, and enter largely into the mod- 
 ern jurisprudence of Europe. See a frag- 
 ment of the law of the Twelve Tables, in 
 Cooper's Justinian, 656; Gibbon's Rome, c. 
 44. 
 
 VIsigothlc. The Lex Romani; now 
 
 known as Breviarum Alwrieianum. Ordained 
 by Alaric II. for his Roman subjects, A. 
 D. 606. 
 
 Wisbuy, Laws of. A concise but com- 
 prehensive code of maritime law, established 
 by the "merchants and masters of the mag- 
 nificent city of Wisbuy." 
 _ The port of Wisbuy, now in ruins, was 
 situated on the northwestern coast of Gott- 
 
 of the island, and the seat of an extensive 
 commerce, of which the chief relic and the 
 most significant record is this code. It is 
 a mooted point whether this code was de- 
 rived from the Laws of Oleron, or that from 
 this; but the similarity of the two leaves 
 no doubt that one was the offspring of the 
 other. It was of great authority in the 
 northern parts of Europe. "Lex Rhodia 
 navalis," says Grotius, "pro jure gentium in 
 illo mare Mediterraneo vigebat; sicut apud 
 Gallium, leges Oleronis, et apud omnes trans- 
 rhenanos, legis Wisbueneses." De Jure Belli, 
 lib. 2, c. 3. -It is still referred to on sub- 
 jects of maritime law. An English trans- 
 lation will be found in the appendix to the 
 first volume of Peters' Admiralty Reports. 
 
 CODEX (Lat.) A volume or roll. The 
 Code of Justinian. 
 
 CODICIL. Some addition to, or qualifica- 
 tion of, a last will and testament. 1 Redf. 
 Wills, 287. 
 
 _ This term is derived from the Latin codi- 
 cillus, which is a diminutive of codex, and 
 in strictness imports a little code or writ- 
 ing, — a little will. In the Roman civil law, 
 codicil was defined as an act which contains 
 dispositions of property in prospect of 
 death, without the institution of an heir or 
 executor. Domat, Civ. Law, pt. ii. bk. iv. 
 tit. 1. i 1; Just, de Codic. art. i. § 2. So, 
 also, the early English writers upon wills 
 define a codicil in much the same way. "A 
 codicil is a just sentence of our will touch- 
 ing that which any would have done after 
 their death, without the appointing of an 
 executor." Swinb. Wills, pt. i. § v. pi. 2. 
 
 COEMPTIO (Lat.) In civil law. The cer- 
 emony of celebrating marriage by solemni- 
 ties. 
 
 The parties met and gave each other a 
 small sum of money. They then questioned 
 each other in turn. The man asked the 
 woman if she wished to be his mater- 
 familias. She replied that she so wished. 
 The woman then asked the man if he wished 
 to be her pater-familias. He replied that 
 he so wished. They then joined hands; and 
 these were called nuptials by eoemptio. 
 Boethius, Coemptio; Calv. Lex.; Taylor. 
 
 COEMPTION. The act of purchasing the 
 whole quantity of any commodity. Whar- 
 ton. 
 
 COERCION. Constraint; compulsion; 
 force. 
 
 Direct or positive coercion takes place 
 when a man is by physical force compelled 
 to do an act contrary to his will. For ex- 
 ample, when a man falls into the hands of 
 the enemies of his country, and they com- 
 pel him, by a just fear of death, to fight 
 against it. 
 
 Implied coercion exists where a person 
 is legally under subjection to another, and 
 
 land, in the Baltic sea. It was the capital I is induced, in consequence of such subjea 
 
COEXECUTOR 
 
 180 
 
 COGNIZANCE, CONUSANCE 
 
 tion, to do an act contrary to his will. See 
 "Duress." 
 
 COEXECUTOR. One who is executor 
 with one or more others. See "Executor." 
 
 COFFERER OF THE QUEEN'S (or 
 king's) household. In English law. A prin- 
 cipal officer of the royal establishment, next 
 under the controller, who, in the counting- 
 house, and elsewhere, had a special charge 
 and oversight of the other officers, whose 
 wages he paid. Wharton. 
 
 CO F RAD I A. The congregation or broth- 
 erhood entered into by several persons for 
 the purpose of performing pious works. No 
 society of this kind can be lawfully formed 
 without license from the king and the bishop 
 of the diocese. 
 
 COGITATIONIS POENAM NEMO PATI- 
 tur. No one is punished for his thoughts. 
 Broom, Leg. Max. (3d London Ed.) 279. 
 
 COGNATES. In civil and Scotch law. 
 Relations through females. 1 Mackeld. Civ. 
 ^ Law, 137; Bell, Diet. 
 
 COGNATI. In civil law. Collateral heirs 
 through females; relations in the line of 
 the mother. 2 Bl. Comm. 235. 
 
 The term is not used in the civil law as 
 it now prevails in France. In the common 
 law it has no technical sense; but as a 
 word of discourse in English it signifies, 
 generally, allied by blood, related in origin, 
 of the same family. 
 
 COGNATION. In civil law. Signifies gen- 
 erally the kindred which exists between two 
 persons who are united by ties of blood 
 or family, or both. 
 
 Civil cognation is that which proceeds 
 alone from the ties of families, as the kin- 
 dred between the adopted father and the 
 adopted child. 
 
 Mixed cognation is that Which unites at 
 the same time the ties of blood and family, 
 as that which exists between brothers the 
 issue of the same lawful marriage. Inst. 3. 
 6; Dig. 38. 10. 
 
 Natural cognation is that which is alone 
 formed by ties of blood. Such is the kin- 
 dred of those who owe their origin to an 
 illicit connection, either in relation to their 
 ascendants or collaterals. 
 
 fied person, who has taken a fine and 
 neglects to certify it in the court of com- 
 mon pleas, to do so. 
 
 COGNITIONIS CAUSAE (Lat.) For the 
 purpose of ascertaining. In Scotch prac- 
 tice. A name given to a judgment or decree 
 pronounced by a court, ascertaining the 
 amount of a debt against the estate of a 
 deceased landed proprietor, on cause shown, 
 or after due investigation. Bell, Diet. 
 
 COGNITOR. 
 
 In Old English Law. One who ac- 
 knowledges. 
 
 In Roman Law. An advocate or de- 
 fender in a private cause; one who de- 
 fended the cause of a person who was pres- 
 ent. Brissonius; Calv. Lex. 
 
 COGNISANCE. See "Cognizance." 
 
 COGNITIO. 
 
 In Old English Law. The acknowl- 
 edgment of a fine; the certificate of such 
 acknowledgment. 
 
 Cognizance or jurisdiction. Bracton, fol. 
 302b. 
 
 In the Roman Law. The judicial ex- 
 amination or hearing of a cause. Plin. 
 Epist. vii. 33. 
 
 Ml 
 
 COGNITIONIBUS l^ilTTENDIS. An obso- 
 lete writ requiring a justice or other quail 
 
 COGNIZANCE, CONUSANCE, or COGNI- 
 sance (Lat. cognitio, recognition, knowl- 
 edge). Acknowledgment; recognition, juris- 
 diction; judicial power; hearing a matter 
 judicially. 
 
 In Pleading. The answer of the de- 
 fendant in an action of replevin who is not 
 entitled to the distress of goods which are 
 the subject of the action, acknowledging 
 the taking, and justifying it as having been 
 done by the command of one who is so en- 
 titled. Lawes, PI. 35, 36; 4 Bouv. Inst: 
 note 3571. An acknowledgment made by 
 the deforciant, in levying a fine, that the 
 lands in question are the right of the com- 
 plainant. 2 Sharswood, Bl. Comm. 350. 
 
 Cognizance of Pleas. Jurisdiction of 
 
 causes. A privilege granted by the king to 
 a city or town to hold pleas within the 
 same. Termes de la Ley. It is in frequent 
 use among the older writers on English law 
 in this latter sense, but is seldom used, if 
 at all, in America, except in its more gen- 
 eral meaning. The universities of Cam- 
 bridge and Oxford possess this franchise. 
 Willes, 233; 1 Sid. 103; 11 East, 543; 1 
 W. Bl. 454; 10 Mod. 126; 3 Sharswood, Bl. 
 Comm. 298. 
 
 -—Claim of Cognizance (or Conusance). 
 An intervention by a third person, demand- 
 ing judicature in the cause against the 
 plaintiff, who has chosen to commence his 
 action out of claimant's court. . 2 Wils. 
 409; 2 Sharswood, Bl. Comm. 350, note. 
 
 It is a question of jurisdiction between 
 the two courts (Portesque, 157; 5 Vmer, 
 Abr. 588) , and not between the plaintiff and 
 defendant, as in the case of plea to the 
 jurisdiction, and must be demanded by the 
 party entitled to conusance, or by his repre- 
 sentative, and not by the defendant or his 
 attorney (1 Chit. PI. 403). 
 
 There are three sorts of conusance: 
 tenere placita, which does not oust another 
 court of its jurisdiction, but only creates a 
 concurrent one. Cognitio pladtorum, when 
 the plea is commenced in one court, of which 
 conusance belongs to another. A conu- 
 sance of exclusive jurisdiction; as, that no 
 
COGNIZEE 
 
 181 
 
 COLLATERAL DESCENT 
 
 other court shall hold plea, etc. 
 509; Bac. Abr. "Courts" (D). 
 
 COGNIZEE. The party to whom a fine 
 was levied. 2 Bl. Comm. 351. 
 
 COGNIZOR. In old conveyancing. The 
 party levying a fine. 2 Bl. Comm. 350, 351. 
 
 COGNOMEN (Lat.) A family name. 
 
 The praenomen among the Romans distin- 
 guished the person, the nomen the gens, or 
 all the kindred descended from a remote 
 common stock through males, while the cog- 
 nomen denoted the particular family. The 
 agnomen was added on account of some bar- 
 ticular event, as a further distinction. Thus, 
 in the designation Publius Cornelius Scipio 
 Africanus, Publius is the praenomen, Cor- 
 nelius is the nomen, Scipio the cognomen, 
 and Africanus the agnomen. Vicat. These 
 several terms occur frequently in the Ro- 
 man laws. See Cas. temp. Hardw. 286; 6 
 Coke, 65; 1 Tayl. (N. C.) 148. 
 
 COGNOVI ACTIONEM (Lat.) He has con- 
 fessed the action. Cognovit alone is in com- 
 mon use with the same significance. 
 
 In Pleading. A written confession of 
 
 an action by the defendant, subscribed, but 
 not sealed, and authorizing the plaintiff to 
 sign judgment and issue execution, usually 
 for a sum named. 
 
 It is given after the action is brought, to 
 save expense, and differs from a warrant of 
 attorney, which is given before the com- 
 mencement of any action, and is under seal. 
 3 Chanc. Prac. 664; 3 Bouv. Inst. 3229. 
 
 COHABIT. (Lat. con and habere.) To live 
 together in the same house, claiming to be 
 married. The word does not include in its 
 signification, necessarily, the occupying the 
 same bed (1 Hagg. Consist. 144; 4 Paige, 
 Ch. [N. Y.] 425; 116 U. S. 55), though 
 the word is popularly, and sometimes in. 
 statutes, used in this latter sense (20 Mo. 
 210; Bish. Mar. & Div. § 506, note). It 
 does not include mere sexual intercourse, 
 without a habitual dwelling together. 36 
 Ark. 84; 10 Mass. 163. 
 
 To live together in the same house. Used 
 without reference to the relation of the par- 
 ties to each other as husband and wife, or 
 otherwise. Used of sisters or other mem- 
 bers of the same family, or of persons not 
 members of the same family, occupying the 
 same house. 2 Vern. 323; Bish. Mar. & Div. 
 506, note. 
 
 COHAEREDES, or COHAERES. Coheirs; 
 a term applies to coparceners who consti- 
 tute, as it were, but one heir or body. Brac- 
 ton, fols. 76b, 67b. 
 
 COHAEREDES UNA PERSONA GEN- 
 sentur, propter unitatcm Juris quod habent. 
 Coheirs are deemed as one person, on ac- 
 count of the unity of right which they pos- 
 sess. Co. Litt. 163, 
 
 Hardr, COHUAQIUM. A tribute made by those 
 who meet promiscuously in a market or 
 fair. Du Cange. 
 
 COIF. A headdress. 
 
 In England there are certain Serjeants at 
 law who are called Serjeants of the coif, 
 from the lawn coif they wear on their heads ' 
 under their thin caps when they are ad- 
 mitted to that order. It was anciently worn 
 as a distinguishing badge. Spelman. 
 
 COJUDICES (Lat.) In old English law. 
 Associate judges having equality of power 
 with others. 
 
 COLD-WATER ORDEAL. The trial which 
 was anciently used for the common sort of 
 people, who, having a cord tied about them 
 under their arms, were cast into a river. If 
 they sank to the bottom until they were 
 drawn up, which was in a very short time, 
 then were they held guiltless; but such as 
 did remain upon the water were held cul- 
 pable, being, as they said, of the water re- 
 jected. Wharton. 
 
 COLIBERTUS. One who, holding in free 
 socage, was obliged to do certain services 
 for the lord. A middle class of tenants be- 
 tween servile and free, who held their free- 
 dom of tenure on condition of performing 
 certain services. Said to be the same as the 
 conditionales. Cowell. 
 
 COLLATERAL (Lat. con, with, latus, the 
 side). That which is by the side, and not 
 the direct line; that which is additional to 
 or beyond a thing. 
 
 COLLATERAL ACT. In old practice. The 
 name "collateral act" was given to any act 
 (except the payment of money) for the per- 
 formance of which a bond, recognizance, 
 etc., was given as security. 
 
 COLLATERAL ANCESTORS. A phrase 
 sometimes used to designate uncles and 
 aunts, and other ascending collateral rela- 
 tives, who are not strictly ancestors. 
 
 COLLATERAL ASSURANCE. That which 
 is made over and above the deed itself. 
 
 COLLATERAL CONSANGUINITY. That 
 relationship which subsists between per- 
 sons who have the same ancestors, but not 
 the same descendants; who do not descend 
 one from the other. 2 Bl. Comm. 203. 
 
 The essential fact of consanguinity (com- 
 mon ancestral blood) is the same in lineal 
 and collateral consanguinity, but the re- 
 lationship is aside from the direct line. 
 Thus, father, son, and grandson are lineal- 
 ly related; uncle and nephew, collaterally. 
 
 COLLATERAL DESCENT. Descent In a 
 transverse or zigzag toe, i. e., up through 
 the common ancestor, and then down from 
 him; descent to collaterals. 
 
COLLATERAL ESTOPPEL 
 
 182 
 
 COLLATIONE FACTA 
 
 COLLATERAL ESTOPPEL. The collat- 
 eral determination of a question by a court 
 having general jurisdiction of the subject. 
 See 26 Vt. 209. 
 
 COLLATERAL FACTS. Facts not direct- 
 ly connected with the issue or matter In 
 dispute. Such as afford no reasonable in- 
 ference as to the principal fact. Greenl. 
 Ev. § 52. 
 
 COLLATERAL IMPEACHMENT. A term 
 frequently used in respect of the conclu- 
 siveness of judgments, the general rule be- 
 ing that a judgment of a court of record 
 cannot be collaterally impeached, i. e., in 
 an action other than that in which it was 
 rendered, except upon proof of fraud or 
 want of jurisdiction. 
 
 COLLATERAL ISSUE. An issue taken 
 upon some matter aside from the general is- 
 sue in the case. Thus, for example, a plea 
 by the criminal that he is not the person at- 
 tainted, when an interval exists between at- 
 tainder and execution, a plea in abatement, 
 and other such pleas, each raise a collateral 
 issue. 4 Bl. Comm. 396. And see 4 Bl. 
 Comm. 338. 
 
 COLLATERAL KINSMEN. Those who 
 descend from one and the same common an- 
 cestor, but not from one another. Thus, 
 brothers and sisters are collateral to each 
 other; the uncle and nephew are collateral 
 kinsmen, and cousins are the same. All 
 kinsmen are either "lineal" or "collateral." 
 
 COLLATERAL LIMITATION. A limita- 
 tion in the conveyance of an estate, giving 
 an interest for a specified period, but mak- 
 ing the right of enjoyment depend upon 
 some collateral event, as, an estate to A. 
 till B. shall go to Rome. Park, Dower, 163; 
 4 Kent, Comm. 128; 1 Washb. Real Prop. 
 215. 
 
 COLLATERAL PROMISE. A promise is 
 collateral if another is the primary or prin- 
 cipal debtor, and the relations of debtor and 
 creditor remain unchanged both as to the 
 right and the remedy, and no trust is cre- 
 ated by the transaction. 17 111. 507; 82 111. 
 App. 308. 
 
 COLLATERAL SECURITY. A separate 
 obligation attached to another contract to 
 guaranty its performance. The transfer of 
 property or of other contracts to insure the 
 performance of a principal engagement. 38 
 Ga. 292; 9 Iowa 331. 
 
 The property or securities thus conveyed 
 are also called collateral securities. 1 Pow- 
 ell, Mortg. 393; 2 Powell, Mortg. 666, note 
 871; 3 Powell, Mortg. 944, 1001. 
 
 COLLATERAL UNDERTAKING. A con- 
 tract based upon a pre-existing debt, or 
 other liability, and including a promise to 
 pay, made by a third person having imme- 
 diate respect to and founded upon such debt 
 
 or liability, without any new consideration 
 moving to him. 82 111. App. 308. 
 
 COLLATERAL WARRANTY. Warranty 
 as to an estate made by one who was an- 
 cestor to the heir thereof, either actually 
 or by implication of law, in respect to oth- 
 er property, but who could not have been 
 so in respect to the estate in question. 
 
 Warranty made where the heir's title to 
 the land neither was nor could have been 
 derived from the warranting ancestor. 
 Termes de la Ley; 2 Bl. Comm. 301; 4 Kent, 
 Comm. 469. 
 
 COLLATERALES ET SOCII. 
 
 title of masters in chancery. 
 
 The former 
 
 COLLATIO BONORUM. 
 goods. See "Collation." 
 
 A collation of 
 
 COLLATIO SIGNORUM. The ancient 
 mode of testing the genuineness of a seal, 
 by comparing it with another known to be 
 genuine. Bracton, fols. 389b, 398b; Fleta, 
 lib. 6, c. 34, § 5. 
 
 COLLATION. 
 
 In Civil Law. The bringing together 
 
 of property into a common fund; hotchpot. 
 2 Bl. Comm. 617. Particularly applied to 
 the supposed or real return to the mass of 
 the succession, which an heir makes of the 
 property he received in advance of his 
 share, or otherwise, in order that such prop- 
 erty may be divided together with the other 
 effects of the succession. Civ. Code La. art. 
 1305. 
 
 In Ecclesiastical Law. The act by 
 
 which the bishop who has the bestowing of 
 a benefice gives it to an incumbent. 
 
 In Practice. The comparison of a 
 
 copy with its original, in order to ascertain 
 its correctness and conformity. The report 
 of the officer who made the comparison is 
 also called a collation. 
 
 COLLATION OF SEALS. When, upon the 
 same label, one seal was set on the back 
 or reverse of the other. Wharton. 
 
 COLLATION TO A BENEFICE (Law Lat. 
 collatio beneficii.) In English ecclesiastical 
 law. The conferring or bestowing of a ben- 
 efice by the bishop, where he has himself 
 the advowson, or right of patronage, and 
 which single act of collation effects all that 
 is done in common case by the acts of pres- 
 entation and institution. 2 Bl. Comm. 22. 
 Or, in other words, the presentation and in- 
 stitution are one and the same act, and, 
 taken together, are called a "collation." 1 
 Bl. Comm. 391; 1 Wooddeson, Lect. 193. The 
 advowson, in such cases, is termed an "ad- 
 vowson collative." 2 Bl. Comm. 22. 
 
 COLLATIONE FACTA UNI POST MOR- 
 tem alterius. A writ directed to justices of 
 the common pleas, commanding them to is- 
 sue their writ to the bishop, for the admis- 
 sion of a clerk in the place of another pre- 
 sented by the crown, where there had been 
 
COLLATIONE HEREMITAGII 
 
 183 
 
 COLLUSION 
 
 a demise of th^ crown during a suit; for 
 judgment once ppssed for the king's clerk, 
 and, he dying before admittance, the king 
 may bestow his presentation on another. 
 Reg. Orig. 31. 
 
 COLLATIONE HEREMITAGII. In old 
 
 English law. A writ whereby the king con- 
 ferred the keeping of an hermitage upon a 
 clerk. Reg. Orig. 303, 308. 
 
 COLLECTOR. One appointed to receive 
 taxes or other impositions, as collector of 
 taxes, collector of militia fines, etc. A per- 
 son appointed by a private person to collect 
 the credits due him. 
 
 COLLECTOR OF THE CUSTOMS. An of- 
 ficer of the United States, appointed for the 
 term of four years, but removable at the 
 pleasure of the president. Act May 15, 1820, 
 § 1; 3 Story, U. S. Laws, 1790. 
 
 The duties of a collector of the customs 
 are to receive the entries of all ships or 
 vessels, and of the goods, wares, and mer- 
 chandise imported in them, estimate the 
 amount of duties payable thereupon, and 
 receive all moneys paid for duties. Act 
 March 2, 1779, § 21 ; 1 Story, U. S. Laws, 
 590. 
 
 COLLEGA. In the civil law. A colleague; 
 an associate; one having the same power 
 virith another, qui sunt ejusdem potestatis. 
 Dig. 50. 16. 173. 
 
 COLLEGATARIUS. (Lat; Eng. colegato- 
 ry). In the civil law. A colegatee. Inst. 
 2. 20. 8. 
 
 COLLEGE. An organized collection or as- 
 semblage of persons; a civil corporation,, so- 
 ciety, or company, having, in general, some 
 literary object. 
 
 The assemblage of the cardinals at Rome 
 is called a "college." The body of presiden- 
 tial electors is called the "electoral college," 
 although the whole body never come to- 
 gether. 
 
 An educational institution of the highest 
 class. 
 
 COLLEGIA. The guild of a trade. 
 
 COLLEGIALITER. In a corporate capa- 
 city. 2 Kent, Comm. 296. 
 
 COLLEGIATE CHURCH. In English ec- 
 clesiastical law. A church built and en- 
 dowed for a society or body corporate of a 
 dean or other president, and secular priests, 
 as canons or prebendaries in the said 
 church, such as the churches of Westmin- 
 ster, Windsor, and others. Cowell. 
 
 COLLEGIUM (Lat. colligere, to collect). 
 In civil law. A society or assemblage of 
 those of the same rank or honor; an army; 
 a company, in popular phrase; the whole or- 
 der of bishops. Du Cange. 
 
 Collegium illieitum is one which abused 
 its right, or assembled for any other pur- 
 pose ttian that expressed in its charter. 
 
 Collegium licitum is an assemblage or so- 
 ciety of men united for some useful purpose 
 or business, with power to act like a single 
 individual. 
 
 All collegia were Ulicita which were not 
 ordained by a decree of the senate or of the 
 emperor. 2 Kent, Comm. 269. 
 
 COLLEGIUM ADMIRALITATIS. The col- 
 lege or society of the admiralty. See a de- 
 scription in Locc. de Jur. Mar. lib. 1, c. 2. 
 
 COLLEGIUM EST SOCIETAS PLURIUM 
 corporum simul habitantlum. A college is 
 a society of several persons dwelling to- 
 gether. Jenk. Cent. Cas. 229. 
 
 COLLIGENDUM BONA DEFUNCTI. See 
 
 "Ad Colligendum, etc." 
 
 COLLISION. In maritime law. The act 
 of ships or vessels striking together,, or of 
 one vessel running against or foul of an- 
 other. 
 
 As ordinarily used, it includes "allision" 
 (q. V.) 
 
 COLLISTRIGIUM. The pillory. 
 
 COLLITIGANT. A litigant. 
 
 COLLOBIUM. A hood or covering for 
 the shoulders, formerly worn by Serjeants at 
 law. Spelman. 
 
 COLLOCATION. In French law. The act 
 by which the creditors of an estate are ar- 
 ranged in the order in which they are to be 
 paid according to law. 
 
 The order in which the creditors are 
 placed is also called collocation. 2 Low. (U. 
 S.) 9, 139. 
 
 COLLOQUIUM. In actions for libel or 
 slander, the averment that the language 
 in question was published or uttered of and 
 concerning the plaintiff. It is, however, fre- 
 quently used in practice to denote both the 
 inducement (g. v.), and the coUoquim prop- 
 er. Towns. Libel & Slander, § 323. 
 
 It is to be distinguished from "innuen- 
 do," which is an explanation by reference 
 to that which has been already sufficiently 
 explained, and cannot extend the meaning 
 of words unless there be something before 
 averred, to which the innuendo may refer. 
 5 Johns. (N. Y.) 220. 
 
 COLLUSION. An agreement between two 
 or more persons to defraud a person of his 
 rights by the forms of law, or to obtain an 
 object forbidden by law. 
 
 The act of married persons in procuring 
 a divorce by mutual consent, whether by the 
 preconcerted commission, by one, of a matri- 
 monial offense, or by failure, in pursuance 
 of agreement, to defend divorce proceedings. 
 It is distinguished from "connivance," which 
 is the abetting by a spouse of a matrimonial 
 offense in order to procure a divorce there- 
 for, but without previous agreement as to 
 its conunission. Nelson, Div. & Sep. § 500. 
 
COLLYBISTA 
 
 184 
 
 COMBARONES 
 
 COLLYBISTA. In the civil law. A money 
 changer. 
 
 COLLYBUM. In the civil law. EJxchange, 
 eambium. Grotius de Jure Belli, lib. 2, c. 
 12, i 3, par. 4. 
 
 COLNE, or CONE. In Saxon and old Eng- 
 lish law. An account or calculation. 1 
 Reeve, Hist. Eng. Law, 284, note. 
 
 COLONIAL LAWS. The laws of a colony. 
 
 In the United States. The term is 
 
 used to designate the body of law in force 
 in the colonies of America at the time of 
 the commencement of our independence, 
 which was, in general, the common law of 
 England, with such modifications as the 
 colonial experience had introduced. The 
 colonial law is thus a transition state, 
 through which our present law is derived 
 from the English common law. 
 
 In England. The term "Colonial law" 
 
 is used with reference to the present colo- 
 nies of that realm. 
 
 COLONUS (Lat.) In civil law. A free- 
 man of inferior rank, corresponding with 
 the Saxon ceorl, and the German rural 
 slaves. 
 
 COLONY. A union of citizens or subjects 
 who have left their country to people an- 
 other, and remain subject to ihe mother- 
 country. 3 Wash. C. C. (U. S.) 287. 
 
 The country occupied by the colonists. 
 
 A colony differs from a possession or a 
 dependency. 
 
 COLOR. In pleading. An apparent but 
 legally insufficient ground of action admit- 
 ted to subsist in the opposite party by the 
 pleading of one of the parties to an action. 
 3 Sharswood, Bl. Comm. 309; 4 Barn. & C. 
 547; 1 Moore & P. 307. To give color is 
 to give the plaintiff credit for having an 
 apparent or prima facie right of action, in- 
 dependent of the matter introduced to de- 
 stroy it, in order to introduce new matter 
 in avoidance of the declaration. ' It was nec- 
 essary that all pleadings in confession and 
 avoidance should give color. See 3 Shars- 
 wood, Bl. Comm. 309, note; 1 Chit. PI. 531. 
 
 Express color is a feigned matter, pleaded 
 by the defendant, from which the plaintiff 
 seems to have a good cause, whereas he has 
 in truth only an appearance or color of 
 cause. Bac. Abr. "Trespass" (I 4) ; 1 Chit. 
 PL 530. It was not allowed in the plaintiff 
 to traverse the colorable right thus given, 
 and it thus became necessary to answer the 
 plea on which the defendant intended to 
 rely. 
 
 Implied color is that which arises from 
 the nature of the defense, as where the de- 
 fense consists of matter of law, the facts be- 
 ing admitted, but their legal sufficiency de- 
 nied, by matters alleged in the plea. 1 
 Chit. PI. 528; Steph. PI. 206. 
 
 By giving color, the defendant could re- 
 move the decision of the case from before 
 a Jury, and introduce matter in a special 
 
 plea, which would otherwise oblige him to 
 plead the general issue. 3 Bl. Comm, 309. 
 
 The colorable right must be plausible, or 
 afford a supposititious right, such as might 
 induce an unlearned person to imagine it 
 sufficient, and yet it must be in legal strict- 
 ness inadequate to defeat the defendant's 
 title as shown in the plea. Comyn, Dig. 
 "Pleading;" Keilw. 1036; 1 Chit. PI. 531; 
 4 Dane, Abr. 552; Archb. PI. 211. 
 
 COLOR OF AUTHORITY. Authority de- 
 rived by an election or appointment, how- 
 ever irregular or informal, so that the in- 
 cumbent is not a mere volunteer. 248 111. 
 229. 
 
 COLOR OF OFFICE (Lat. colore offloii). 
 A pretense of official right to do an act 
 made by one who has no such right. 9 East, 
 364. It implies an illegal claim of author- 
 ity to do an act by virtue of one's office (23 
 Wend. [N. Y.] 606; 1 N. Y. 365; 16 N. Y. 
 439, 442), and is distinguished from by 
 "virtue of office," implying lav^ful power (4 
 N. Y. 173). 
 
 COLOR OF TITLE. That which in appear- 
 ance is title but which in reality is no title. 
 248 111. 229; 18 How. (U. S.) 50; 56 Mich. 
 337. 
 
 Anything in writing connected with the 
 title which serves to define the extent of 
 the claim. 70 Ga. 809. 
 
 A deed void on its face is not color of 
 title. 27 Minn. 449; 2 Pet. (U. S.) 241; 7 
 Wend. (N. Y.) 152. But see, contra, 94 Ala. 
 135; 68 Iowa, 507. But defects in the exe- 
 cution (112 N. C. 223; 27 111. 224), or lack 
 of title in the grantor (53 N. Y. 287; 71 111. 
 38), will not impair the effect of a deed to 
 give color of title. 
 
 COLORABLE ALTERATION. An altera- 
 tion made only for the purpose of evading 
 the law, — of copyright, for instance. 
 
 COLORABLE IMITATION. As applied to 
 trademark (q. v.), colorable imitation is 
 such a close or ingenious imitation as to 
 be calculated to deceive ordinary persons. 
 L. R. 5 H. L., at page 519. 
 
 COLORABLE PLEADING. The practice 
 of giving color in pleading. 3 Reeve, Hist. 
 Eng. Law, 438. 
 
 COLORE OFFICII. Color of office. 
 
 COLPINDACH. In old Scotch law. A 
 young beast or cow, of the age of one or 
 two years; in later times called a "cow- 
 dach," or "quoyach." 
 
 Skene says it is an Irish word, and prop- 
 erly signifies "foot follower." 
 
 COMBARONES. In old English law. Fel- 
 low barons; fellow citizens. The citizens 
 or freemen of the Cinque Ports, being an- 
 ciently called "barons"; the term "com- 
 
COMBAT 
 
 185 
 
 COMITY 
 
 barones" is used in this sense in a grant 
 of Henry III. to the barons of the port of 
 Fevresham. Cowell. 
 
 COMBAT. The form of a forcible en- 
 counter between two or more persons or 
 bodies of men; an engagement or battle; a 
 duel. 
 
 COMBATERRAE, A valley or piece of 
 low ground between two hills. Kennett, Par. 
 Ant. 
 
 COMBINATION. 
 
 —In Criminal Law. A union of men for 
 the purpose of violating the law; a con- 
 spiracy (q. V.) 
 
 In Patent Law, A union of different 
 
 elements. A patent may be taken out for 
 a new combination of existing machines. 2 
 Mason (U. S.) 112. 
 
 COMBINATION COVERAGE. An expres- 
 sion used in insurance meaning the covering 
 of all employees against the Workmen's 
 Compensation Act or any common-law lia- 
 bility prior to the Compensation Act. 195 
 111. App. 268. 
 
 COMBUSTIO. In old English law. The 
 punishment of burning. 
 
 COMBUSTIO DOMORUM. Arson. 4 Bl. 
 Comm. 272. 
 
 COMBUSTIO PECUNIAE (Law Lat.) In 
 old English law. The burning (that is, 
 melting) of money; the old way of trying 
 mixed and corrupt money, by melting it 
 down upon payments into the exchequer. 
 Cowell. 
 
 COMES (Lat. comes, a companion). An 
 earl; a companion, attendant, or follower. 
 
 COM IN US. Hand-to-hand; in personal con- 
 tact, 
 
 COMITAS (Lat.) Courtesy; comity; an 
 indulgence or favor granted another nation, 
 as a mere matter of indulgence, without any 
 claim of right made. 
 
 COM I TAT U COMMISSO. A writ or com- 
 mission, whereby a sheriff is authorized to 
 enter upon the charges of a county. Reg. 
 Orig. 295. 
 
 COMITATU ET CASTRO COMMISSO. A 
 writ by which the charge of a county, to- 
 gether with the keeping of a castle, is com- 
 mitted to the sheriff. 
 
 COMITATUS (Lat. from comes). A coun- 
 ty; a shire; the portion of the country un- 
 der the government of a comes or count. 1 
 Bl. Comm. 116. 
 
 An earldom. Earls and counts were orig- 
 inally the same as the comitates. 1 Ld. 
 Raym. 13. 
 
 The county court, of great dignity among 
 the Saxons. 1 Spence, Eq. Jur. 42, 66. 
 
 COMITES. Persons who are attached to 
 a public minister. As to their privileges, 
 see 1 Ball. (Pa.) 117; Baldw. (U. S.) 240. 
 See "Ambassador," 
 
 COMITES PALEYS. Counts or earls pala- 
 tine; those who had the government of a 
 county palatine. Bracton, fol. 122b. Other 
 copies of Bracton have it comites palerir 
 tynes, 
 
 COMITIA (Lat.) The public assemblies of 
 the Roman people, at which all the most 
 important business of the state was trans- 
 acted, including, in some cases, even the 
 trial of persons charged with the commis- 
 sion of crime. Anthon, Rom. Ant. 51. The 
 votes of all citizens were equal in the comi- 
 tiae. 1 Kent, Comm. 518. 
 
 Comitia Calata. A session of the comi- 
 
 tia curiata for the purposes of adrogation, 
 the confirmation of wills, and the adoption 
 by an heir of the sacred rites which fol- 
 lowed the inheritance. 
 
 Comitia Centuria, or Comitia Majora. 
 
 An assemblage of the people voting by cen- 
 turies. The people acting in this form elect- 
 ed their own officers, and exercised an ex- 
 tensive jurisdiction for the trial of crimes. 
 Anthon, Rom. Ant. 52. 
 
 ——Comitia Curiata. An assemblage of 
 the populus (the original burgesses) by 
 tribes. In these assemblies no one of the 
 plebs could vote. They were held for the 
 purpose of confirming matters acted on by 
 the senate, for electing certain high officers, 
 and for carrjnng out certain religious ob- 
 servances. 
 
 Comitia Tributa. Assemblies to create 
 
 certain inferior magistrates, elect priests, 
 make laws, and hold trials. Their power 
 was increased very materially subsequently 
 to their first creation, and the range of sub- 
 jects acted on became much more extensive 
 than at first. Anthon, Rom. Ant. 62; 1 
 Kent, Comm. 518, 
 
 COMITISSA. In old English law. A 
 countess; an earl's wife. Towns. PI. 149. 
 
 COMITIVA (Law Lat. from comes, q. v.) 
 In old English law. The dignity and of- 
 fice of a comes (count or earl) ; the same 
 with what was afterwards called comitat/us. 
 Spelman. 
 
 Used in the Register, in the sense of 
 comitatus, a train, suite, following, attend- 
 ance, or household. Reg. Orig. 23, 24. 
 
 COMITY. Courtesy; a disposition to ac- 
 commodate. 
 
 Courts of justice in one state will, out of 
 comity, enforce the laws of another state^ 
 when by such enforcement they will not 
 violate their own laws, or inflict an injury 
 on some one of their own citizens; as, for 
 example, the discharge of a debtor under 
 the insolvent laws of one state will be re- 
 spected in another state, where there is a 
 reciprocity in this respect. 
 
COMMANDERY, or COMMANDRY 186 
 
 COMMERCE 
 
 COMMANDERY, or COMMANDRY (Lat. 
 praeceptoria.) In English law. An estab- 
 lishment belonging to the priory of St. John 
 of Jerusalem, consisting usually of a man- 
 or, or chief messuage, with lands and tene- 
 ments appertaining thereto, under the gov- 
 ernment of an officer called a "commander," 
 who received a part of the income thence 
 arising for his own use, and accounted for 
 the rest. Cowell; Termes de la Ley. 
 
 COMMANDITAIRES. Special partners; 
 partners en commandite. See "Comman- 
 dite." 
 
 COMMANDITE. In French law. A part- 
 nership in which some furnish money, and 
 others furnish their skill and labor in place 
 of capital. A special or limited partner- 
 ship. 
 
 Those who embark capital in such a part- 
 nership are bound only to the extent of the 
 capital so invested. Guyot, Rep. Univ. 
 
 COMMANDMENT. 
 
 In Practice. An act of authority, as 
 
 of a magistrate or judge, in committing a 
 person to prison. Cowell. 
 
 In Old Criminal Law, The act or of- 
 fense of one who commands another to 
 transgress tha law, or do anything contrary 
 to law, as theft, murder, or the like. Brae- 
 ton, fols. 138, 139; Termes de la Ley; St. 
 Westminster I. c. 14. Particularly applied 
 to the act of an accessory before the fact, in 
 inciting, procuring, setting on, or stirring up 
 another to do the fact or act. 2 Inst. 128. 
 
 COMMARCHIO. A boundary, or border; 
 a common boundary. 
 
 COMMENDA. 
 
 In French Law. The delivery of a 
 
 benefice to one who cannot hold the legal 
 title, to keep and manage it for a time lim- 
 ited, and render an account of the proceeds. 
 Guyot. Rep. Univ. 
 
 In Mercantile Law. An association in 
 
 which the manag^ent of the property was 
 intrusted to individuals. Troubat, Lim. 
 Partn. c. 3, § 27. 
 
 COMMENDA EST FACULTAS RECIPI- 
 endi et retinendi beneficlum contra jus posl- 
 tivum a suprema potestate. A commendam 
 is the power of receiving and retaining a 
 benefice contrary to positive law, by su- 
 preme authority. Moore, 905. 
 
 COMMENDAM. 
 
 In Ecclesiastical Law. The appoint- 
 ment of a suitable clerk to hold a void or 
 vacant benefice or church living until a reg- 
 ular pastor be appointed. Hob. 144; Latch, 
 236. 
 
 —In Louisiana. A species of limited 
 partnership. 
 
 It is formed by a_ contract, by which one 
 person or partnership agrees to furnish an- 
 other person or partnership a certain 
 amount, either in property or money, to be 
 employed by the person or partner^ip to 
 whom it is furnished, in his or their own 
 
 name or firm, on condition of receiving a 
 share in the profits in the proportion deter- 
 mined by the contract, and of being liable 
 to losses and expenses to the amount fur- 
 nished, and no more. Civ. Code La. art. 
 2810. A similar partnership exists in 
 France. Code de Comm. 26, 33; Sirey, 12, 
 pt. 2, p. 25. He who makes this contract 
 is called, in respect to those to whom he 
 makes the advance of capital, a partner 
 in commendam. Civ. Code La. art. 2811. 
 
 COMMENDATIO. In the civil law. Com- 
 mendation; praise; that recommendation of 
 his wares by a seller which does not bind 
 him as a warranty. 
 
 COMMENDATION. In feudal law. Com- 
 mendation was where an owner of land 
 placed himself and his land under the pro- 
 tection of a lord, so as to constitute him- 
 self his vassal or feudal tenant. Commen- 
 dation, and the grant of beneficia or feuds, 
 were the two principal modes by which the 
 feudal system was established. See 1 Stubbs, 
 Const. Hist. 153. 
 
 COMMENDATORS. In ecclesiastical law. 
 Secular persons upon whom ecclesiastical 
 benefices are bestowed. So called because 
 they are commended and intrusted to their 
 oversight. They are merely trustees. 
 
 COMMENDATORY. He who holds a 
 church living or preferment in commendam. 
 Rapalje & L. 
 
 COMMENDATORY LETTERS. Letters 
 written by one bishop to another on behalf 
 of any of the clergy, or others of his dio- 
 cese traveling thither, that they may be re- 
 ceived among the faithful, or that the clerk 
 may be promoted, or necessaries adminis- 
 tered to others, etc. Wharton. 
 
 COMMENDATUS. In feudal law. One 
 who, by voluntary homage, put himself un- 
 der the protection of a superior lord. Cow- 
 ell; Spelman. 
 
 COMMERCE. The exchange of property, 
 including the usual agencies of communica- 
 tion and transportation to effect the ex- 
 change, and extending to the means employ- 
 ed to move the property involved and the 
 persons making the contract. 223 111. 590. 
 
 The various agreements which have for 
 their object facilitating the exchange of the 
 products of the earth or the industry of 
 man, with an intent to realize a profit. 
 Pardessus, Dr. Com. note 1. Any reciprocal 
 agreements between two persons, by which 
 one delivers to the other a thing, which the 
 latter accepts, and for which he pays a con- 
 sideration. If the consideration be money, 
 it is called a "sale;" if any other thing 
 than money, it is called "exchange" or "bar- 
 ter." Domat, Dr. Pub. liv. 1, tit. 7, § 1, 
 note 2. 
 
 Congress has power, by the constitution, 
 to regulate commerce with foreign nations 
 and among the several states, and with the 
 
COMMERCIA BELLI 
 
 187 
 
 COMMISSION 
 
 Indian tribes. 1 Kent, Comm. 431; Story, 
 Const. § 1052 et seq. The sense in which 
 the word "commerce" is used in the consti- 
 tution seems not only to include traffic, but 
 intercourse and , navigation ( Story, Const. 
 § 1057; 9 Wheat. [U. S.] 190, 191, 215, 229; 
 12 Wheat. [U, S.] 419; 102 U. S. 691; 4 
 Biss. [U. S.] 156; 31 Iowa, 187), but only 
 such intercourse as consists in trade or traf- 
 fic (1 Stew. & P. [Ala.] 327). 
 
 COMMERCIA BELLI. Compacts entered 
 into by belligerent nations to secure a tem- 
 porary and limited peace. 1 Kent, Comm. 
 159. 
 
 Contracts made between citizens of hos- 
 tile nations in time of war. 1 Kent, Comm. 
 104. 
 
 COMMERCIAL LAW. A phrase employed 
 to denote those branches of the law which 
 relate to the rights of property and rela- 
 tions of persons engaged in commerce. 
 
 This term denotes more than the phrase 
 "maritime law," which is sometimes used 
 as synonymous, but which more strictly re- 
 lates to shipping and its incidents. See 
 "Law Merchant." 
 
 COMMERCIAL PAPER. Bills, notes, 
 checks, etc.; negotiable instruments. 
 
 COMMERCIAL RAILROADS. Commer- 
 cial railroads embrace all railroads for gen- 
 eral freight and passenger traflSc between 
 one town and another. 263 III. 206; 227 111. 
 496; 216 111. 528. 
 
 COMMERCIUM (Lat.) In the civil law. 
 Commerce; business; trade; dealings in the 
 way of purchase and sale; a contract. Dig. 
 49. 15. 16. 
 
 The right to purchase or sell. Inst. 3. 
 20 2. 
 
 COMMERCIUM JURE GENTIUM COM- 
 mune esse debet, et non In monopolium et 
 privatum paucorum quaestum converten- 
 duw. Commerce, by the law of nations, 
 ought to be common, and not to be con- 
 verted into a monopoly and the private gain 
 of a few. Coke, 3d Inst. 181, in marg. 
 
 COMMINALTY (Law Fr.) The common- 
 alty or the people. St. Westminster I. 1, pr. 
 
 COMMINATORIUM (from commonari, to 
 threaten). In old practice. A clause some- 
 times added at the end of writs, admonish- 
 ing the sheriff to be faithful in executing 
 them. Bracton, fol. 398. 
 
 COMMISE. In old French law. Forfeit- 
 ure; the forfeiture of a fief; the penalty 
 attached to the ingratitude of a vassal. 
 Guyot, Inst. Feud. c. 12. 
 
 COMMISSARIA LEX. A principle of the 
 Roman law relative to the forfeiture of con- 
 tracts. It was not unusual to restrict a 
 sale upon credit, by a clause in the agree- 
 ment that if the buyer should fail to make 
 due payment the seller might rescind the 
 eale. In ifte meantime, however, the prop- 
 
 erty was the buyer's, and at his risk. A 
 debtor and his pledgee might also agree 
 that, if the debtor did not pay at the day 
 fixed, the pledge should become the absolute 
 property of the creditor. 2 Kent, Comm. 
 583. This was abolished by law of Con- 
 stantine. Code, 8. 36. 3. 
 
 COMMISSARY., 
 
 In Military Law. An officer whose 
 
 principal duties are to supply an army, or 
 some portion thereof, with provisions. 
 
 ^In English Ecclesiastical Law. A title 
 
 formerly applied to an officer who exercised 
 spiritual jurisdiction in distant places of the 
 bishop's diocese; being specially ordained 
 for the purpose of supplying the bishop's 
 jurisdiction and oifice in the outplaces of his 
 diocese, or else in such places as were pe- 
 culiar to the bishop, and exempted from the 
 jurisdiction of the archdeacon. Termes de la 
 Ley; Cowell; Lyndewode, Prov. c. 1. 
 
 COMMISSARY COURT. In Scotch law. 
 A court of general ecclesiastical jurisdic- 
 tion. It was held before four commission- 
 ers, appointed by the crown from among the 
 faculty of advocates. It had a double juris- 
 diction: First, that exercised within a cer- 
 tain district; second, another, universal, by 
 which it reviewed the sentences of inferior 
 commissioners, and confirmed the testa- 
 ments of those dying abroad, or djring in 
 the country without having an established 
 domicile. Bell, Diet. It has been abrogat- 
 ed, its jurisdiction in matters of confirma- 
 tion being given to the sheriff, and the jur- 
 isdiction as to marriage and divorce to the 
 court of session. Paterson, Comp. See 4 
 Geo. IV. c. 47; 1 Wm. IV. c. 69; 6 & 7 Wm. 
 IV. c. 41; 13 & 14 Vict. c. 36. 
 
 COMMISSION (Lat. commissio; from comr 
 mittere, to intrust to). 
 
 An undertaking without reward to do 
 something for another, with respect to a 
 thing bailed. Rutherforth, Inst. 105. 
 
 A body of persons authorized to act in a 
 certain matter. 5 Barn. & C. 850. 
 
 The act of perpetrating an offense. An 
 instrument issued by a court of justice, or 
 other competent tribunal, to authorize a per- 
 son to take depositions, or do any other act 
 by authority of such court or tribunal, is 
 called a "commission." For a form of a 
 commission to take depositions, see Gresl. 
 Eq. Ev. 72. 
 
 Letters patent granted by the government, 
 under the public seal, to a person appointed 
 to an office, giving him authority to perform 
 the duties of his office. The commission is 
 not the appointment, but only evidence of it, 
 and, as soon as it is signed and sealed, vests 
 the oflSce in the appointee. 1 Cranch (U. 
 S.) 137; 2 Nott & McC. (S. C.) 357; 1 Mc- 
 Cord (S. C.) 233, 238. See 1 Pet. (U. S.) 
 194; 2 Sumn. (U. S.) 299; 8 Conn. 109; 1 
 Pa. St. 297; 2 Const. (S. C.) 696; 2 Tyler 
 (Vt.) 235. 
 
 In Common Law. A sum allowed, 
 
 usually a certain per cent upon the value of 
 
COMMISSION 
 
 188 
 
 COMMISSIONERS OF BANKRUPT 
 
 the property involved, as compensation to a 
 servant or agent for services performed. 
 See "Commissions." 
 
 Of Array. This commission Issued to 
 
 send into every county officers to muster or 
 set in military order the inhabitants. The 
 introduction of commissions of lieutenancy, 
 ■which contained, in substance, the same 
 powers as these commissions, superseded 
 them. 2 Steph. Comm. (7th Ed.) 582. 
 
 —Of Assize. In English practice. A 
 commission which formerly issued from the 
 king, appointing certain persons as commis- 
 sioners or judges of assize to hold the as- 
 sizes in association with discreet knights 
 during those years in which the justices in 
 eyre did not come. 
 
 Other commissions were added to this, 
 which has finally fallen into complete dis- 
 use. See "Courts of Assize and Nisi Pri- 
 us." 
 
 Of Bankrupt. A commission or au- 
 thority formerly granted by the lord chan- 
 cellor to such discreet persons as he should 
 think proper, to examin.e the bankrupt in all 
 matters relating to his trade and effects, 
 and to perform various other important du- 
 ties connected with bankruptcy matters. 
 These persons were thence called "commis- 
 sioners of bankruptcy," and had in most 
 respects the powers and privileges of judges 
 in their own courts; but regularly consti- 
 tuted courts and judges in bankruptcy have 
 now superseded such commissions and com- 
 missioners. Brown. 
 
 Of Charitable Uses. This commission 
 
 issues out of chancery to the bishop and 
 others, where lands given to charitable uses 
 are misemployed, or there is any fraud or 
 dispute concerning them, to inquire of and 
 redress the same, etc. 43 Eliz. c. 4. Whar- 
 ton. 
 
 Of Delegates. When any sentence was 
 
 given in any ecclesiastical cause by the 
 archbishop, this commission, under the 
 great seal, was directed to certain persons, 
 usually lords, bishops, and judges of the 
 law, to sit and hear an appeal of the same 
 to the king, in the court of chancery; but 
 latterly the judicial committee of the privy 
 council has supplied the place of this com- 
 mission. Brown. 
 
 Of Lunacy. A writ issued out of chan- 
 cery, or such court as may have jurisdiction 
 of the case, directed to a proper officer, to 
 inquire whether a person named therein is 
 a lunatic or not. 1 Bouv. Inst. Note 382 et 
 seq. 
 
 Of Partition. Formerly a partition was 
 
 fected in England by issuing a commission 
 to commissioners, to divide the property, 
 and, on their return coming in, the parties 
 were ordered to execute mutual conveyances 
 to carry out the division. Haynes, Eq. 153. 
 Similar commissions are still issued in some 
 of the states. See "Partition." 
 
 Of Rebellion. In English law. A writ 
 
 formerly issued out of chancery to compel 
 an attendance. It was abolished by the 
 order of August 8, 1841. 
 
 Of Review. In English ecclesiastical 
 
 law. A commission formerly sometimes 
 granted in extraordinary cases, to revise the 
 sentence of the court of delegates. 3 Bl. 
 Comm. 67. Now out of use; the privy coun- 
 cil being substituted for the court of dele- - 
 gates, as the great court of appeal in all 
 ecclesiastical causes. 3 Steph. Comm. 432. 
 
 Of the Peace. In English law. A com- 
 mission from the crown, appointing certain 
 persons therein named, jointly and several- 
 ly, to keep the peace, etc. Justices of the 
 peace are always appointed by special com- 
 mission under the great seal, the form of 
 which was settled by all the judges, A. D. 
 1590, and continues with little alteration to 
 this day. 1 Bl. Comm. 351; 3 Steph. Comm. 
 39, 40. 
 
 Of Treaty with Foreign Princes. 
 Leagues and arrangements made between 
 states and kingdoms, by their ambassadors 
 and ministers, for the mutual advantage of 
 the kingdoms in alliance. Wharton. 
 
 Of Unlivery. In an action In the Eng- 
 lish admiralty division, where it is neces- 
 sary to have the cargo in a ship unladen in 
 order to have it appraised, a commission of 
 unlivery is issued and executed by the mar- 
 shal. Williams & B. Adm. Jur. 233. 
 
 To Take Answers in Equity. When a 
 
 defendant in a suit lived more than twenty 
 miles from London, there might have been 
 a commission granted to take his answer in 
 the country, where the commissioners ad- 
 ministered to him the usual oath, and then 
 the answer being sealed up, either one of 
 the commissioners carried it up to court or 
 it was sent by a messenger, who swore that 
 he received it from one of the commission- 
 ers, and that the same had not been opened 
 or altered since he received it. But latterly 
 such an answer might be sworn in the coun- 
 try before any solicitor of the court who has 
 been appointed a commissioner to adminis- 
 ter oaths in chancery. The present answer 
 in chancery, and at common law, is a mere 
 affidavit, and is not a pleading. It is sworn 
 anywhere before a solicitor who is a com- 
 missioner to administer oaths. Brown. 
 
 COMMISSION DAY. In English practice. 
 The opening day of the assizes. Wharton. 
 
 COMMISSION DEL CREDERE. See "Del 
 Credere Commission." 
 
 COMMISSION MERCHANT. A factor 
 (q. v.). 
 
 COMMISSIONER OF PATENTS. The 
 title given by law to the head of the patent 
 office bureau. 
 
 COMMISSIONERS OF BAIL. Officers ap- 
 pointed by some courts to take recognizances 
 of bail in civil cases. 
 
 COMMISSIONERS OF BANKRUPT. In 
 English law. Commissioners appointed un- 
 der the great seal, and whose duties are to 
 take proof of the petitioning creditor's debt, 
 the trading and act of bankruptcy, to ex- 
 amine the bankrupt in all matters relating 
 
COMMISSIONERS of HIGHWAYS 
 
 189 
 
 COMMODITY 
 
 to his trade and effects, assign his property 
 to assignees, and to perform various other 
 important duties connected with bankruptcy 
 matters. 1 61. Comm. 480-486; Eden, 
 Bankr; Law, 79, et passim. 
 
 These commissioners now compose per- 
 manent courts of bankruptcy. St. 1 & 2 Wm. 
 IV. c. 56; 5 & 6 Wm. IV. c. 29, § 21; 5 & 6 
 Vict. c. 122; 2 Steph. Comm. 199, 200; 3 
 Steph. Comm. 425, 426. 
 
 COMMISSIONERS OF HIGHWAYS. Offi- 
 cers having certain powers and duties con- 
 cerning the highways within the limits of 
 their jurisdiction. They are usually three 
 in number. In some of the states they are 
 county officers, and their jurisdiction is co- 
 extensive with the county. In others, as in 
 New York, Michigan, Illinois, and Wfscon- 
 sin, they are town or township officers. 
 They have power to establish, alter, and va- 
 cate highways, and it is their duty to cause 
 them to be kept in repair. 
 
 COMMISSIONERS OF SEWERS. 
 
 In English Law. A court of record of 
 
 special jurisdiction in England. 
 
 It is a temporary tribunal, erected by vir- 
 tue of a commission under the great seal, 
 which formerly was granted pro re nata at 
 the pleasure of the crown, but now at the 
 discretion and nomination of the lord chan- 
 cellor, lord treasurer, and chief justices, 
 pursuant to the statute of sewers. 23 Hen. 
 VIII. c. 5. Its jurisdiction is to overlook 
 the repairs of the banks and walls of the 
 seacoast and navig:able rivers and the 
 streams communicating therewith, and is 
 confined to such county or particular dis- 
 trict as the commission shall expressly 
 name. The commissioners may take order 
 for the removal of any annoyances, or 'the 
 safeguard and conservation of the sewers 
 within their commission, either according to 
 the laws and customs of Romney Marsh, or 
 otherwise, at their own discretion. They 
 are also to assess and collect taxes for such 
 .repairs and for the expenses of the commis- 
 sion. They may proceed with the aid of 
 a jury or upon their own view. Consult 7 
 Anne, c. 10; 4 & 5 Vict. c. 45; 11 & 12 Vict, 
 c, 50; 18 & 19 Vict. c. 120; 3 & 4 Wm. IV. 
 cc. 10, 19-22; 3 Bl. Comm. 73, 74; Crabb, 
 Hist. Eng. Law. 469. 
 
 In American Law. Commissioners 
 
 have been appointed for the purpose of reg- 
 ulating the flow of water in streams. Their 
 duties are discharged in the different states 
 by county courts, county commissioners, etc. 
 
 COMMISSIONS. In practice. Compensa- 
 tion allowed to agents, factors, executors, 
 trustees, receivers, and other persons who 
 manage the affairs of others, in recompense 
 for their services. 
 
 COMMITMENT. In practice. The war- 
 rant or order by which a court or magis- 
 trate directs a ministerial officer to take a 
 person to prison. See 1 Mete. (Mass.) 504. 
 
 The act of sending a person to prison by 
 means of such a warrant or order. 9 N. H. 
 204; 203 111. 262. 
 
 COMMITTEE. A person or body of per- 
 sons to whom a matter is committed for su- 
 perintendence, action, or recommendation. 
 
 In Legislation. One or more mem- 
 bers of a legislative body, to whom is spe- 
 cially referred some matter before that 
 body, in order that they may investigate and 
 examine into it, and report to those who 
 delegated this authority to them. 
 
 In Practice. A guardian appointed to 
 
 take charge of the person or estate of one 
 who has been found to be non compos. 
 
 COMMITTITUR PIECE. In English law. 
 An instrument in writing, on paper or 
 parchment, which charges a person already 
 in prison, in execution at the suit of the 
 person who arrested him. 
 
 COM MIXTION. In civil law. A term used 
 to signify the act by which goods are mixed 
 together. 
 
 The commixtion of liquids is called "con- 
 fusion" {q. v.), and that of solids a "mix- 
 ture." Lee. Elm. §§ 370, 371; Story, Bailm. 
 5 40; 1 Bouv. Inst, note 506. 
 
 COMMODATE. In Scotch law. A loan 
 for use. Ersk. Inst. bk. 3, tit. 1, § 20; 1 
 Bell, Comm. 225. 
 
 COMMODATI ACTIO (Lat.) See "Actio 
 Commodatio," etc. 
 
 COMMODATO. In Spanish law. A con- 
 tract by which one person lends gratuitous- 
 ly to another some object not consumable, 
 to be restored to him in kind at a given 
 period. 
 
 COMMODATUM. A species of bailment, 
 by which one of the parties binds himself to 
 return to the other certain personal chattels 
 which the latter delivers to him to be used- 
 by him without reward; loan for use. Story, 
 Bailm. § 221. See "Bailment." 
 
 COMMODITY. Due measure, just propor- 
 tion (fr. commodus that has due measure, 
 fr. corn-modus measure). 1. The quality 
 of being suitable, convenient, commodious. 
 In this sense no longer used. 2. That which 
 affords convenience, benefit, advantage; a 
 thing that is suitable, convenient, commod- 
 ious. That which affords advantage or 
 profit. 102 la. 608; 162 Mass. 113. 
 
 In this sense the word is most commonly 
 applied to things movable, the subjects of 
 trade, merchandise. 
 
 The word includes all the movables which 
 are the object of commerce. 29 How. Pr. 
 492. 
 
 "The word 'commodity* * * * is 
 ordinarily used in the commercial sense of 
 any movable and tangible thing that is 
 ordinarily produced or used as the subject 
 of barter or sale." 86 Tex. 265. 
 
 But the sense is wide and may be ex- 
 tended to include the privilege or conven- 
 
COMMODUM EX INJURIA 
 
 190 
 
 COMMON BAIL 
 
 ience of carrying. on a particular business, 
 and thus to include a franchise. 
 
 "Commodity" (as in a constitution giving 
 power to tax goods, wares, merchandise 
 and commodities) is a general term, and in- 
 cludes the privilege and convenience of 
 transacting a particular business. 123 Mass. 
 495; 162 Mass. 121. 
 
 COMMODUM EX INJURIA SUA NON 
 habere debet. No man ought to derive any 
 benefit of his own wrong. Jenk. Cent. Cas. 
 161; Finch, Law, bk. 1, c. 3, note 62. 
 
 COMMON. As an adjective, — owned by 
 several ; usual ; habitual. As a noun, — an in- 
 corporeal hereditament, which consists in 
 a profit which one man has in connection 
 with one or more others in the land of an- 
 other. 12 Serg. & R. (Pa.) 32; 10 "Wend. 
 (N. Y.) 647; 11 Johns. (N. Y.) 498; 16 
 Johns. (N. Y.) 14, 30; 10 Pick. (Mass.) 364; 
 3 Kent, Comm. 403. 
 
 Common of Estovers. The liberty of 
 
 taking necessary wood, for the use of furni- 
 ture of a house or farm, from another man's 
 estate. This right is inseparably attached 
 to the house or farm, and is not apportion- 
 able. If, therefore, a farm entitled to es- 
 tovers be divided by the act of the party 
 among several tenants, neither of them can 
 take estovers, and the right is extinguished. 
 2 Bl. Comm. 34; Plowd. 381; 10 Wend. (N. 
 Y.) 639; 1 Barb. (N. Y.) 592. It is to be 
 distinguished from the right to estovers 
 which a tenant for life has in the, estate 
 which he occupies. See "Estovers." 
 
 Common of Pasture. The right of feed- 
 ing one's beasts on another's land. It is 
 either appendant, appurtenant because of 
 vicinage, or in gross. 
 
 Common of Piscary. The liberty of 
 
 fishing in another man's water. 2 Bl. Comm. 
 34. See "Fishery." 
 
 Common of Shack. The right of per- 
 sons occupying lands lying together in the 
 same common field to turn out their cattle 
 after harvest to feed promiscuously in that 
 field. Wharton; 2 Steph. Comm. 6; 1 Barn. 
 & Aid. 710. 
 
 Common of Turbary. The liberty of 
 
 digging turf in another man's ground. Com- 
 mon of turbary can only be appendant or 
 appurtenant ' to a house, not to lands, be- 
 cause turves are to be spent in the house. 
 4 Coke, 37; 3 Atk. 189; Nov. 145; 7 East, 
 127, 
 
 Common Appendant. A right annexed 
 
 to the possession of land, by which the own- 
 er thereof is entitled to feed his beasts on 
 the wastes of the manor. It can only be 
 claimed by prescription, so that it cannot be 
 pleaded by way of custom. 1 Rolle, Abr. 396 ; 
 6 Coke, 59. 
 
 Common Appurtenant. This differs 
 
 from common appendant in the following 
 particulars, viz.: It may be claimed by 
 grant or prescription, whereas common ap- 
 pendant can only arise from prescription; 
 it does not arise from any connection of 
 tenure, nor is it confined to arable land, 
 
 but may be claimed as annexed to any kind 
 of land; it may be not only for beasts 
 usually commonable, such as horses, oxen, 
 and sheep, but likewise for goats, swine, 
 etc.; it may be severed from the land to 
 which it is appurtenant; it may be com- 
 menced by grant; and an uninterrupted 
 usage for twenty years is evidence of a 
 grant. In most other respects, commons 
 appendant and appurtenant agree. 2 Greenl. 
 Cruise, Dig. 5; Bouv. Inst, note 1650; 30 
 Eng. Law & Eq. 176; 15 East, 108. 
 
 Common Because of Vicinage. The 
 
 right which the inhabitants of two or more 
 contiguous townships or villas have of in- 
 ter-commoning with each other. It ought to 
 be claimed by prescription, and can only be 
 used by cattle levant and couchant upon the 
 lands to which the right is annexed, and 
 cannot exist except between adjoining town- 
 ships, where there is no intermediate land. 
 Co. Litt. 122a; 4 Coke, 38a; 7 Coke, 5; 10 
 Q. B. 581, 589, 604; 19 Q. B. 620; 18 Barb. 
 (N. Y.) 523. 
 
 It is, indeed, only a permissive right, in- 
 tended to excuse what, in strictness, is a 
 trespass in both, and to prevent a multiplic- 
 ity of suits, and therefore either township 
 may inclose and bar out the other, though 
 they have intercommoned time out of mind. 
 2 Bl. Comm. 33; Co. Litt. 12a; Bracton, fol. 
 222. 
 
 Dr. Wooddeson observes that Blackstone's 
 account of common pur cause de vicinage is 
 not properly a definition, but rather a de- 
 scriptive example or illustration, there be- 
 ing other occasions when the excuse for 
 trespass may be used. 2 Wooddeson, Lect. 
 50. 
 
 Common In Gross. A right of common 
 
 which must be claimed by deed or prescrip- 
 tion. It has no relation to land, but is an- 
 nexed to a man's person, and may be for 
 a certain or an indefinite number of cattle. 
 It cannot be aliened so as to give the en- 
 tire right to several persons to be enjoyed 
 by each in severalty. And where it comes 
 to several persons by operation of law, as 
 by descents, it is incapable of division 
 among them, and must be enjoyed jointly. 
 Common appurtenant for a limited number 
 of cattle may be granted over, and by such 
 grant becomes common in gross. Co. Litt. 
 122a, 164a; 5 Taunt. 244; 16 Johns. (N. Y.) 
 30; 2 Bl. Comm. 34. 
 
 See, generally, Viner, Abr.; Bac. Abr.; 
 Comyn, Dig.; 2 Sharswood, Bl. Comm. 34 et 
 seq.; 2 Washb. Real Prop. 4. 
 
 COMMON ANCESTOR. The person from 
 whom several others are directly descended. 
 
 COMMON ASSURANCES. Deeds which 
 make safe or assure to a man the title to 
 his estate, whether they are deeds of con- 
 veyance, or to charge or discharge. 
 
 COMMON BAIL. Fictitious sureties en- 
 tered in the proper office of the court. See 
 "Bail." 
 
COMMON BAR 
 
 191 
 
 COMMON EMPLOYMENT 
 
 COMMON BAR. In pleading. A plea to 
 compel the plaintiff to assign the particular 
 place where the trespass has been commit- 
 ted. Steph. PI. 256. It is sometimes called 
 a "blank bar." 
 
 COMMON BARRATOR. In criminal law. 
 One who frequently excites and stirs up 
 suits and quarrels, either at law or other- 
 wise. See "Barratry." 
 
 COMMON BARRATRY. See "Barratry." 
 
 COMMON BAWDY-HOUSE. This is a 
 term sometimes used in English law to 
 mean what is sometimes otherwise called 
 "house of ill-fame," or simply "bawdy- 
 house," or more commonly "brothel." Pri- 
 marily it means vi ex termini, a house, but 
 in the law it means also a room or set of 
 rooms in a house, kept for purposes of pros- 
 titution. Rex V. Pierson (1700) ; Salk. 
 382; Singleton v. Ellison (1895) ; 1 Q. B. 
 607. Such a place so kept comes within the 
 definition, whatever the outside appearance, 
 whether indecent or disorderly or not. 
 (Steph. Dig. Crim. Law.) 
 
 COMMON BENCH. The ancient name for 
 the court of common pleas. 
 
 COMMON CARRIERS. Such as carry 
 goods for hire indifferently for all persons. 
 
 The definition includes carriers by land 
 and water. 
 
 One who plies between certain termini, 
 and openly professes to carry for hire the 
 ^oods of all such persons as may choose to 
 employ him. Redf. Carr. 1. 
 
 One undertaking to carry for hire the 
 goods of all persons indifferently. 3 Wend. 
 (N. Y.) 161; 22 N. J. Law, 372. 
 
 "The test [of whether one is a common 
 carrier] is not whether he is carrying as a 
 public employment, or whether he carries 
 to a fixed place, but whether he holds out, 
 either expressly or by a course of conduct, 
 that he will carry for hire, so long as he 
 has room, the goods of all persons, indif- 
 ferently, who send him goods to be carried." 
 L. R. 1 C. P. 19, 423. 
 
 Common Carriers of Passengers. Such 
 
 as carry persons for hire, and are bound to 
 carry all who offer. 19 Wend. (N. Y.) 239; 
 10 N. H. 486; 16 111. 472; 2 Sumn. (U. S.) 
 221; 3 Brod. & B. 54; 9 Price, 408. 
 
 COMMON CHASE. (Law. Fr. Comon 
 chace.) In old English law. A place where 
 the right of hunting wild animals (touts 
 beasts ehaeeables) was common to all (a 
 toutzgents). Y. B. P. 10 Edw. III. 28. 
 
 COMMON COUNCIL. The more numerous 
 house of the municipal legislative assembly 
 in some American cities. 
 
 The English parliament is the common 
 Eouncil of the whole realm. 
 
 COMMON COUNTS. Certain general 
 counts, not founded on any special contract, 
 which are introduced in a declaration for 
 
 the purpose of preventing a defeat of a just 
 right by the accidental variance of the evi- 
 dence. 
 
 These are, in an action of assumpsit, 
 counts founded on express or implied prom- 
 ises to pay money in consideration of a 
 precedent debt, and are of four descriptions, 
 — ^the indebitatus assumpsit, the quantum 
 meruit, the quantum, valebant, and the ac- 
 count stated. 
 
 COMMON DAY (Law Lat. dies commvu- 
 nis). In old English practice. An ordinary 
 day in court (St. 13 Rich. IL st. 1, c. 17), 
 such as octabis Michaelis (the octave of St. 
 Michael), quindena Paschae (the quinzime 
 of Easter), etc. (St. 51 Hen. III. sts. 2, 3; 
 Cowell; Termes de la Ley). 
 
 COMMON DEBTOR. In Scotch law. A 
 debtor whose effects have been arrested by 
 several creditors. In regard to these cred- 
 itors, he is their common debtor, and by 
 this term is distinguished in the proceed- 
 ings that take place in the competition. 
 Bell, Diet. 
 
 COMMON DRUNKARD. See "Drunkard." 
 
 COMMON EMPLOYMENT. This is a 
 phrase used in the law of master and ser- 
 vant to express the relation between ser- 
 vants of a common master which relieves 
 the master from liability for injury re- 
 ceived by one through the fault of the other. 
 
 Common employment is service of such 
 kind that, in the exercise of ordinary sagac- 
 ity, all who engage in it may be able to 
 foresee, when accepting it, that through the 
 negligence of fellow-servants, it may prob- 
 ably expose them to injury. 39 N. J. Law, 
 119. 
 
 The phrase in some, perhaps in most, 
 jurisdictions, is used to mean co-operation 
 by the servants concerned, the usual per- 
 formance by them of duties, the perform- 
 ance of which brings them into habitual 
 consociation promotive of the exercise of 
 a cautionary and corrective influence by 
 each over the other. (134 111. 209; s. c. 146 
 111. 603). It came into the law as a conse- 
 quence of the doctrine laid down in Priestly 
 V. Fowler (1838), 3 M. & W. 1, followed by 
 Hutchinson v. York, etc. R. Co. (1850), 5 
 Exch. 343; Wigmore v. Jay (1850), 5 Exch. 
 364; Lovell v. Howell (1876), (C. P. D. 
 161) and finally confirmed by the case of 
 Barton^hill Coal Co. v. Reid (1860, 3 Macq. 
 Ap. Cas. 266). This doctrine was that the 
 general maxim qui facit per alium, etc. (q. 
 V.) had no application to the principal in 
 this relation and with later delimi- 
 tations stating more precisely what 
 constituted common employment, de- 
 nied to the injured workman a right 
 to damages from his employer in 
 many cases where, however it might be in 
 logic, not merely humanity but social and 
 commercial expediency required that he be 
 compensated. The ultimate consequence, in 
 England, was the employer's liability law 
 
COMMON ERROR 
 
 192 
 
 COMMON LABOR 
 
 (q. v.), by which in all such cases the re- 
 finements of the doctrine of contributory 
 negligence were put out of the way. The 
 application of the doctrine of common em- 
 ployment is a matter of almost infinite de- 
 tail for which there is here no room. It is, 
 however, in substance the same as the ques- 
 tion who are fellow-servants. The Work- 
 men's Compensation Acts now in force in 
 nearly all states have greatly reduced the 
 importance of the fellow-servant doctrine. 
 
 COMMON ERROR (Lat. communis error). 
 An error for which there are many prec- 
 edents. '"Common error goeth for a law." 
 Finch, Law, bk. 1, c. 3, No. 54. 
 
 COMMON FIELD. 1. The arable land of 
 an ancient village community which though 
 divided into parcels, long narrow strips, 
 separated by balks of turf perhaps a yard 
 wide, and allotted to ownership in severalty, 
 lay otherwise in common, were to some ex- 
 tent used in common, and were cultivated, 
 or at any rate ploughed, in co-operation. In 
 this sense usually in the plural. See Pool. & 
 M. Hist. Eng. Law, I, 364. 
 
 2. In those parts of the southern states 
 which were of French settlement, a field 
 divided into lots from one to three arpents 
 in width (front) by forty in length (depth) 
 for cultivation by the inhabitants of a vil- 
 lage, the whole enclosed by a common fence. 
 
 The term common field is of American in- 
 vention, and adopted by congress to desig- 
 nate small tracts of ground of a peculiar 
 shape, usually from one to three arpents in 
 front by forty in depth, used by the occu- 
 pants of the French villages for the pur- 
 poses of cultivation, and protected from the 
 inroads of cattle by a common fence. The 
 peculiar shape of the lot, its contiguity to 
 others of similar shape, and the purposes 
 to which it was applied, constituted it a 
 common-field lot. 1 Black. (U. S.) 600. 
 
 COMMON FINE (Law Lat. finis commu- 
 nis). In old English law. A certain sum of 
 money which the residents in a leet paid to 
 the lord of the leet, otherwise called head 
 silver, cer't money (q. v.), Or certum letae. 
 Termes de la Ley; Cowell. A sum of money 
 paid by the inhabitants of a manor to their 
 lord, towards the charge of holding a court 
 leet. Bailey. See "Leet." 
 
 A fine or amercement imposed upon a 
 county at large. Bracton, fol. 36b; St. West- 
 minster I. c. 18; Fleta, lib. 3, c. 14, § 9; 
 2 Inst. 197. 
 
 COMMON FISHERY. A fishery to which 
 all persons have a right, such as the cod 
 fisheries off Newfoundland. A "common 
 fishery" is different from a "common of fish- 
 ery," which is the right to fish in another's 
 pond, pool, or river. See "Fishery." 
 
 COMMON FORM. Proof of a will in "com- 
 mon form," according to the English prac- 
 tice, was made by taking the will before the 
 judge of the proper court of probate and 
 
 proving it by attesting witnesses without 
 citing or giving notice to the parties inter- 
 ested. 247 lU. 256; 122 II). 563. 
 
 COMMON HALL. A court In the city of 
 London, at which all the citizens, or such 
 as are free of the city, have a right to at- 
 tend. Wharton. 
 
 COMMON HIGHWAY. By this term is 
 meant a road to be used by the community 
 at large for any purpose of transit or traffic. 
 Hammond, N. P. 239. See "Highway." 
 
 COMMON INFORMER. One who, without 
 being specially required by law or. by vir- 
 tue of his office, gives information of crimes, 
 offenses, or misdemeanors which have been 
 committed, in order to prosecute the offend- 
 er; a prosecutor. 
 
 COMMON INTENT. The natural sense 
 given to words. 
 
 It is the rule that when words are used 
 which will bear a natural sense and an arti- 
 ficial one, or one to be made out by argu- 
 ment and inference, the natural sense shall 
 prevail. It is simply a rule of construction, 
 and not of addition. Conimon intent cannot 
 add to a sentence words which have been 
 omitted. 2 H. Bl. 530. In pleading, cer- 
 tainty is required; but certainty to a com- 
 mon intent is sufficient, — ^that is, what, up- 
 on a reasonable construction, may be called 
 certain, without recurring to possible facts. 
 Co. Litt. 203a; Doug. 163. See "'Certainty." 
 
 COMMON JURY. An ordinary petit jury, 
 as distinguished from a special or struck 
 jury. 
 
 COMMON LABOR. This is a term used 
 in some of the states in statutes intended to 
 secure abstention from ordinary week-day 
 affairs on the Sabbath — statutes commonly 
 called Sunday observance laws. The more 
 usual phrases, such as "labor, business, or 
 work," "secular labor, business, or employ- 
 ment," are more comprehensive and leave 
 the citizen legally at liberty with respect to 
 few of the ordinary acts of life, save acts 
 of necessity or charity, of which the stat- 
 utes generally make express exception. The 
 general question and, these wider phrases 
 are elsewhere noticed (see Labor, Business, 
 etc.; Secular Labor, etc.; Sunday Observ- 
 ance). But as to the phrase "common la- 
 bor," which is here in question, this has 
 been held to mean, of course, ordinary man- 
 ual labor as contradistinguished from 
 merely intellectual. 2 Ohio St. 403. It is, 
 however, of wider import, and is held to 
 comprehend acts of ordinary secular busi- 
 ness, such as buying, selling, bartering, 
 etc. 15 Ohio 241. The making of ordinary 
 contracts, the executing of promissory notes, 
 penal bonds, etc. 7 Blackf. 480; 4 Ind. 620; 
 127 Ind. 44; but it does not extend to the 
 acts of a public officer in the performance 
 of official duty. 42 Ohio St. 591. 
 
COMMON LAND 
 
 193 
 
 COMMON SCHOOLS 
 
 COMMON LAND. A more extended term 
 for what Is sometimes more shortly called 
 simply common; land, i. e. in which there is 
 right of common (see Common), land which 
 there is right to use in common, for pastur- 
 ing, etc. The term is also used rather pop- 
 'ularly and loosely than legally to mean land 
 owned in severalty but used in common. 
 
 COMMON LAW. That system of law or 
 form of the science of jurisprudence which 
 has prevailed in England and in the United 
 States of America, in contradistinction to 
 other great systems, suph as the Roman or 
 civil law. 
 
 As distinguished from statute law, those 
 principles, usages, and rules of action ap- 
 plicable to the government and security of 
 persons and of property, which do not rest 
 for their authority upon any express and 
 positive declaration of the will of the legis- 
 lature. 1 Kent, Comm. 492. 
 
 The body of rules and remedies adminis- 
 tered by courts of law, technically so called, 
 in contradistinction to those of equity, and 
 to the canon law. 3 Pet. (U. S.) 446. 
 
 The law of any country, to denote that 
 which is common to the whole country, in 
 contradistinction to laws and customs of 
 local application. 
 
 As used in the United States, it includes 
 both the unwritten law of England and the 
 statutes passed before the settlement of the 
 United States. 5 Pet. fU. S.) 124; 18 Wis. 
 147. 
 
 The common law is not fixed in its scope, 
 but develops new principles by analogy as 
 new conditions arise. 42 Ala. 597. 
 
 COMMON-LAW DEDICATION. The differ- 
 ence between a statutory and a common-law 
 dedication is that one vests the legal title 
 to the ground set apart for public uses in 
 the municipal corporation in trust for the 
 public, while the other leaves the legal title 
 in the owner, charged with the same rights 
 and interests in the public which it would 
 have if the fee were in the corporation. 269 
 III. 415; 79 111. 32. 
 
 COMMON-LAW MARRIAGE. A marriage 
 based upon agreement by which the parties 
 agree per verba de presenti to become hus- 
 band and wife, followed by sexual consum- 
 mation. 
 
 To constitute a marriage legal, at com- 
 mon law, the contract and consent must 
 be per verba de presenti, or if made per 
 verba de futuro cum copula, the copula is 
 presumed to have been allowed on the faith 
 of the marriage promise, and that so the 
 parties, at the time of the copula, accepted 
 of each other as man and wife. 204 111. 2&. 
 
 COMMON-LAW PROCEDURE ACTS. 
 
 Three acts of parliament, passed in the 
 years 1852, 1854, and 18G0, respectively, for 
 the amendment of the procedure in the com- 
 mon-law courts. The common-law procedure 
 act of 1852 is St. 15 & 16 Vict. c. 76, that of 
 1854, St. 17 & 18 Vict. c. 125, and that of 
 1860, St 23 & 24 Viet. c. 126. Mozley & W. 
 
 COMMON LAWYER. A lawyer learned 
 in the common law. 
 
 COMMON LEARNING. Familiar law or 
 doctrine. Dyer, 27b, 33. 
 
 COMMON NUISANCE. Hawkins, In his 
 Pleas of the Crown, defines a common nuis- 
 ance as an offense against the public, by do- 
 ing anything injurious to all the King's 
 subjects, or by omitting to do that which 
 the common good requires. 71 111. 194. 
 
 One that affects the public at large and 
 is a violation of a public right, either by 
 a direct encroachment upon public property, 
 or by doing some act which tends to the 
 common Injury, or by omitting to do, in 
 the discharge of a legal duty, that which 
 the common good requires. 214 111. 635. 
 
 One which affects the public in general, 
 and not merely some particular person. 1 
 Hawk. P. C. 197. See "Nuisance." 
 
 COMMON OPINION IS GOOD AUTHOR- 
 ity In law. Co. Litt. 186a; 3 Barb. Ch. (N. 
 Y.) 528, 577. 
 
 COMMON PLEAS. The name of a court 
 having jurisdiction generally of civil ac- 
 tions. 
 
 Such pleas or actions as are brought by 
 private persons against private persons, or 
 by the government, when the cause of action 
 is of a civil nature. In England, whence 
 we derived this phrase, common pleas are 
 so called to distinguish them from pleas of 
 the crown. 
 
 COMMON RECOVERY. A judgment re- 
 covered in a fictitious suit, brought against 
 the tenant of the freehold, in consequence 
 of a default made by the person who is last 
 vouched to warranty in the suit, which re- 
 covery, being a supposed adjudication of the 
 right, binds all persons, and vests a free 
 and absolute fee simple in the recoveror. 
 
 A common recovery is a kind of convey- 
 ance, and is resorted to when the object is 
 to create an absolute bar of estates tail, and 
 of the remainders and reversions expectant 
 on the determination of such estates. 2 Bl. 
 Comm. 357. Though it has been used in 
 some of the states, this form of conveyance 
 is nearly obsolete, easier and less expensive 
 modes of making conveyances, which have 
 the same effect, having been substituted. 2 
 Bouv. Inst, notes 2092, 2096, 7 N. H. 9; 9 
 Serg. & R. (Pa.) 390; 2 Rawle (Pa.) 168; 
 4 Yeates (Pa.) 413; 1 Whart. (Pa.) 151; 6 
 Mass. 328. 
 
 COMMON SANS NOMBRE. Common with- 
 out number, that is, without limit as to the 
 number of cattle which may be turned on; 
 otherwise called "common without stint." 
 Bracton, fols. 53b, 222b; 2 Steph. Comm. 6, 
 7; 2 Bl. Comm. 34; 3 Bl. Comm. 238; 1 
 Crabb, Real Prop. 269. 
 
 COMMON SCHOOLS. Schools for gen- 
 eral elementary instruction, free to all the 
 public. 2 Kent, Comm. 195-202. 
 
COMMON SCOLD 
 
 194 
 
 COMMOTE 
 
 A school that begins with the rudimental 
 elements of an education, whatever else it 
 may embrace, as contradistinguished from 
 academies or universities devoted exclusive- 
 ly to teaching advanced pupils in the class- 
 ics, and in all the higher branches of study 
 usually included in the curriculum of the 
 colleges. 97 111. 378. 
 
 COMMON SCOLD. One who, by the prac- 
 tice of frequent scolding, disturbs the neigh- 
 borhood. Bish. Crim. Law, § 147. 
 
 The offense of being a common scold is 
 cognizable at common law. It is a particu- 
 lar form of nuisance, and was punishable 
 by the ducking stool at common law, in 
 place of which punishment fine and impris- 
 onment are substituted in the United States. 
 12 Serg. & R. (Pa.) 220; 3 Cranch, C. C. 
 (U. S.) 620. See 1 Term R. 748; 6 Mod. 11; 
 4 Rog. (N. Y.) 90; 1 Russ. Crimes, 302; 
 Rose. Crim. Ev. 665. 
 
 COMMON SEAL. The seal of a corpora- 
 tion. 
 
 It was an ancient and technical rule of 
 the common law that a corporation could 
 not manifest its intentions by any personal 
 act or oral discourse, and that it spoke and 
 acted only by its common seal. 4 Kent, 
 Comm. 288. This is said to be no longer 
 law in the United States. 7 Cranch (U. S.) 
 299; 9 Paige, Ch. (N. Y.) 188; 21 Vt. 343; 
 21 Miss. 408; 1 Smith (Ind.) 98; 6 Ga. 166; 
 2 Kent, Comm. 289. 
 
 COMMON SERJEANT. A judicial officer 
 of the city of London, who aids the recorder 
 in disposing of the criminal business of the 
 Old Bailey Sessions. Holthouse. 
 
 COMMON, TENANTS IN. See "Tenant." 
 
 COMMON TRAVERSE. See "Traverse." 
 
 COMMON VOUCHEE. In common recov- 
 eries, the person who is vouched to war- 
 ranty. In this fictitious proceeding, the cri- 
 er of the court usually performs the office 
 of a common vouchee. 2 Bl. Comm. 358; 2 
 Bouv. Inst, note 2093. 
 
 COMMON WEAL (fr. common (q. v.) 
 and weal, fr. As wela, wealth, prosperity; 
 cp. Commonwealth.) 1. The common well- 
 being; the common good; the public wel- 
 fare. "The law favoreth things for the 
 common weal. A man may justify the 
 doing of a wrong in things that sound for 
 the common weal. As, in time of war, to 
 make bulwarks in another man's soil, with- 
 out license; to raze one's house on fire, in 
 safeguard of the neighbours' house," etc. 
 (Finch, Law, b. 1, e. 3, 53.) 
 
 2. The whole body of the people; the 
 body politic. In this sense equivalent to 
 commonwealth {q. v.). 
 
 COMMONABLE. Entitled to common. 
 Commonable beasts are either beasts of the 
 plow, as horses and oxen, or such as manure 
 
 the land, as kine and sheep. Beasts not 
 commonable are swine, goats, and the like. 
 Co. Litt. 122a; 2 Bl. Comm. 33. 
 
 COMMONAGE. In old conveyancing. The 
 right of common. See "Common." 
 
 COMMONALTY. The common people of 
 England, as distinguished from the king and 
 nobles. 
 
 The body of a society or corporation, as 
 distinguished from the officers. 1 Per. & 
 D. 243. Charters of incorporation of the 
 various tradesmen's societies, etc., in Eng- 
 land are usually granted to the master, war- 
 dens, and commonalty of such corporation. 
 
 COMMONANCE, or COMMUNANCE. The 
 commoners, or tenants and inhabitants, who 
 have the right of common or commoning in 
 open field. Cowell. 
 
 COMMONER. One possessing a right of 
 common. 
 
 COMMONS. Those subjects of the Eng- 
 lish nation who are not noblemen. They 
 are represented in parliament by the house 
 of commons. 
 
 COM MONTY. In Scotch law. Land pos- 
 sessed in common by different proprietors, 
 or by those having acquired rights of servi- 
 tude. Bell, Diet.; 36 Eng. Law & Eq. 20. 
 
 COMMONWEALTH. A free state or re- 
 public having a republican form of govern- 
 ment. 
 
 The English nation during the time of 
 Cromwell was called a commonwealth. It 
 is the legal title of the states of Kentucky, 
 Massachusetts, Pennsylvania, and Virginia. 
 
 Used sometimes as denoting the public; 
 the common welfare of the people. 
 
 COMMORANCY. The dwelling in any 
 place as an inhabitant, which consists in 
 usually lying there. 4 Bl. Comm. 273. In 
 American law it is used to denote a mere 
 temporary residence. 19 Pick. (Mass.) 247, 
 248. 
 
 COMMORANT. One residing In a par- 
 ticular town, city, or district. Barnes 162. 
 
 COMMORIENTES. Those who perish at 
 the same time in consequence of the same 
 calamity. 
 
 COMMORTH, or COMORTH. A contri- 
 bution which was gathered at marriages, 
 and when young priests said or sung the 
 first masses. Prohibited by 26 Hen. VIII. 
 c. 6. Cowell. 
 
 COMMOTE (Law Lat. commotum, from 
 Brit, cymhod; cym, together, bod, being or 
 dwelling; or from cwm/mwd, a province). 
 Half a cantred or hundred in Wales, con- 
 taining, properly, fifty villages. St. Walliae, 
 12 Edw. I. 21 Hen. VIII. c. 26. Spelman, 
 voc. "Commotum." The fourth part of a 
 hundred, according to Mr. Barrington who 
 cites Girald. Camb. c. 2. Barr. Obs. St. 125, 
 note (h). 
 
COMMUNE 
 
 195 
 
 COMMUNITAS REGNI 
 
 A great seigniory or lordship, including 
 one or more manors. Co. Litt. 5a. Part of 
 a seigniory. Thel. Dig. lib. 8, e. 2, § 18. 
 
 COMMUNE. A self-governing town or vil- 
 lage. The name given to the committee of 
 the people in the French revolution of 1793; 
 and again, in the revolutionary uprising of 
 1871, it signified the attempt to establish ab- 
 solute self-government in Paris, or the mass 
 of those concerned in the attempt. In old 
 French law, it signified any municipal cor- 
 poration; and in old English law, the com- 
 monalty or common people. 
 
 COMMUNE CONCILIUM REGNI. The 
 common ■ council of the realm. One of the 
 names of the English parliament. 
 
 COMMUNE FORUM. The common place 
 of justice; the seat of the principal courts, 
 especially those that are fixed. 7 Bell, App. 
 Cas. 169. 
 
 COMMUNE PLACITUM. In old English 
 law. A common plea or civil action, such 
 as an action of debt. Fleta, lib. 2, c. 61, 
 § 18. 
 
 COMMUNE VINCULUM. A common or 
 mutual bond. Applied to the common stock 
 of consanguinity, and to the feodal bond of 
 fealty, as the common bond of union be- 
 tween lord and tenant. 2 Bl. Comm. 250; 
 3 Bl. Comm. 230. 
 
 COMMUNI CUSTODIA. An obsolete writ 
 which anciently lay for the lord, whose ten- 
 ant, holding by knight's service, died, and 
 left his eldest son under age, against a 
 stranger that entered the land, and obtained 
 the ward of the body. Reg. Orig. 161. 
 
 COMMUNI DIVIDENDO. In clvillaw. An 
 action which lies for those who have prop- 
 erty in common, to procure a division. It 
 . lies where parties hold land in common, but 
 not in partnership. Calv. Lex. 
 
 COMM UN lA. In old English law. Com- 
 mon. Bracton, fol. 222. 
 
 Common things (res communes), such as 
 running water, the air, the sea, etc., Id. 7b. 
 
 COMMUNIA, or COMMUNIAE (Lat.) In 
 old European law. Communities. Towns en- 
 franchised by the crown, in most of the feu- 
 dal kingdoms of Europe, about the twelfth 
 century, and formed into free corporations, 
 by what were termed "charters of commun- 
 ity." 1 Robertson, Hist. Charles V. 24-29, 
 and notes in Appendix. 
 
 COMMUNIA PLACITA. Actions between 
 citizens, as distinguished from placita coro- 
 nae, pleas of the crown, or criminal prose- 
 cutions. 
 
 COMMUNIA PLACITA NON TENENDA 
 in scaccario. An ancient writ directed to 
 the treasurer and barons of the exchequer, 
 forbidding them to hold pleas between com- 
 mon persons (i. e., not debtors to the king. 
 
 who alone originally sued and were sued 
 there) in that court, where neither of the 
 parties belonged to the same. Reg. Orig. 
 187. Since superseded by 2 & 3 Wm. IV. c. 
 39. 
 
 COMMUNIA PLACITUM. In old English 
 law. A common plea or action, such as an 
 action of debt. 
 
 COMMUNIBUS ANNIS. In ordinary years; 
 on the annual average. 2 Bl. Comm. 322. 
 
 COMMUNICATION. Information; consul- 
 tation; conference. A letter is a communi- 
 cation. 49 N. J. Law, 256. But see 4 Mete. 
 (Mass.) 459. 
 
 In French Law. Discovery and inspec- 
 tion of books and papers. Arg. Fr. Merc. 
 Law, 552. 
 
 COMMUNINGS. In Scotch law. The ne- 
 gotiations preliminary to a contract. 
 
 COMMUNIO BONORUM (Lat.) In civil 
 law. A community of goods. 
 
 COMMUNION OF GOODS. In Scotch law. 
 The right enjoyed by married persons in the 
 movable goods belonging to them. Bell, 
 Diet. 
 
 COMMUNIS ERROR FACIT JUS. A com- 
 mon error makes law. What was at first 
 illegal, being repeated many times, is pre- 
 sumed to have acquired the force of usage; 
 and then it would be wrong to depart from 
 it. Hilliard, Real Prop. 268; 1 Ld. Raym. 
 42; 6 Clark & F. 172; 3 Maule & S. 396; 4 
 N. H. 458; 2 Mass. 357. The converse of 
 this maxim is communis error nan facit jus, 
 a common error does not make law. Coke, 
 4th Inst. 242; 3 Term R. 725; 6 Term R. 
 564. 
 
 COMMUNIS OPINIO. Common opinion; 
 general professional opinion. Co. Litt. 186a. 
 
 COMMUNIS PARIES. In the civil law. 
 A common or party wall. Dig. 8. 2. 8. 13. 
 
 COMMUNIS RIXATRIX. In old English 
 law. A common scold {q. v.). 4 Bl. Comm. 
 168. 
 
 COMMUNIS SCRIPTURA. In old English 
 law. A common writing; a writing common 
 I to both parties; a chirograph. Glanv. lib. 8, 
 |c. 1. 
 
 I COMMUNIS STIPES (Lat.) In old Eng- 
 lish law. A common stock; the common or 
 root stock of descent; a common ancestor. 
 Bl. Law Tr. 6. 
 
 COMMUNITAS REGNI ANGLIAE (Lat.) 
 The general assembly of the kingdom of 
 England. One of the ancient names of the 
 English parliament. 1 Bl. Comm. 148. Ac- 
 cording to Cowell, it signified the barons 
 and tenants in capite of the kingdom. Bui 
 in St. Cart. Conf. 49 Hen. III., it is used 
 in the sense of "commonalty," as distin- 
 guished from the prelates, earls, and bar- 
 
COMMUNITY 
 
 196 
 
 COMPARATIO LITERARUM 
 
 ons (prelatorum, comitum, baronum et com- 
 ■nmnitatiB regrd). 
 
 COMMUNITY(Lat. communis, common). 
 
 In Civil Law. A corporation or body 
 
 politic. Dig. 3. 4. 
 
 In French Law. A species of partner- 
 ship which a man and woman contract when 
 they are lawfully married to each other. 
 
 Conventional community is that which is 
 formed by express agreement in the con- 
 tract of marriage. By this contract, the le- 
 gal community which would otherwise sub- 
 sist may be modified as to the proportions 
 which each shall take, and as to the things 
 which shall compose it. Civ. Code La. 2393. 
 
 Legal community is that which takes 
 place by virtue of the contract of marriage 
 itself. 
 
 COMMUNITY PROPERTY. Property ac- 
 quired during the existence of the matri- 
 monial relation, which in some states (Lou- 
 isiana, Texas, New Mexico, Arizona, Cali- 
 fornia, Idaho, and Washington) belongs 
 equally to the spouses. The doctrine is of 
 Spanish origin. See Schmidt, Civ. Law, p. 
 28; White, New Recop. p. 60. 
 
 The husband, as head of the community 
 (q. v.), has control of the property during 
 the existence of the marriage relation (101 
 Cal. 563; 3 Wash. 592); but on dissolution 
 of the community by death or divorce, it is 
 divided equally between the parties (63 Cal. 
 77) ; the testamentary power of the deceased 
 spouse being limited to the testator's moiety. 
 18 Cal. 291. 
 
 COMMUTATION. The change of a pun- 
 ishment to which a person has been con- 
 demned into a less severe one. This can 
 be granted only by the executive authority 
 in which the pardoning power resides. 
 
 Not a conditional pardon, but "the substi- 
 tution of one punishment known to the law 
 for another and different punishment, also 
 known to the law." 1 Nev. 321. 
 
 The substitution of a punishment of a 
 lower degree for one of a higher degree. 
 257 111. 566. 
 
 COMMUTATION OF TAX. The term is 
 used where there is a substitution of one 
 form of payment for another for taxes 
 levied. Laws regulating the commutation 
 of taxes may be enacted by the legislature. 
 
 (31 Ala. 91), provided there is no 
 violation of the constitution, and the priv- 
 ilege to commute is extended to all classes 
 alike, fairly and impartially (21 N. J. 557; 
 
 31 Ala. 91; 76 111. 11). 
 
 COMMUTATIVE CONTRACT. In civil 
 law. One in which each of the contracting 
 parties gives and receives an equivalent. 
 The contract of sale is of this kind. The 
 seller gives the thing sold, and receives the 
 price, which is the equivalent. The buyer 
 gives the price, and receives the thing sold, 
 which is the equivalent. Such contracts are 
 usually distributed into four classes, name- 
 
 ly: Dd ut des, I give that you may give; 
 facio ut facias, I do that you may do; faoio 
 ut des, I do that you may give; do ut facias, 
 I give that you may do. Poth. Obi. note 13. 
 See Civ. Code La. art. 1761. 
 
 COMMUTATIVE JUSTICE. 
 
 tice." 
 
 See "Jus- 
 
 COMPACT. Closely and firmly united, as 
 the parts or particles of solid bodies having 
 the parts or particles packed together; 
 close; solid; dense. 270 111: 534; 261 111. 
 99; 155 111. 478. 
 
 An agreement; a contract between 
 parties, which creates obligations and rights 
 capable of being enforced, and contemplated 
 as such between the parties, in their distinct 
 and independent characters. Story, Const, 
 bk. 3, c. 3; Rutherforth, Inst. bk. 2, c. 6, 
 
 § 1. 
 
 The parties may be nations, states, or in- 
 dividuals, but it is commonly applied to 
 the former, and in this sense is a broader 
 term than "treaty." 14 Pet. (U. S.) 572. 
 
 As applied to individuals, it is synony- 
 mous with "contract." 8 Wheat. (U. S.) 92.- 
 
 COMPANAGE. In old English Law any 
 meat or other edibles to be eaten with 
 bread; a relish with bread, as butter ^ 
 cheese, meat, fish, fruit, etc. 
 
 "Any meat, or other edibles to be eat with 
 bread." (Cowell, Interp.: cp. Spelman, 
 Gloss.) 
 
 "Every two workmen had three Boon- 
 loaves with companage allowed them." 
 (Blount, Anc. Ten., 3).' 
 
 COMPANION OF THE GARTER. A 
 
 knight of the Order of the Garter. See 
 "Knights of the Garter." 
 
 COMPANIONS. In French law. A gen- 
 eral term, comprehending all persons who 
 compose the crew of a ship or vessel. Poth. 
 Mar. Cont. note 163. 
 
 COMPANY. An association of a number 
 of individuals for the purpose of carrying • 
 on some legitimate business. 
 
 This term is not synonymous with "part- 
 nership,'' though every such unincorporated 
 company is a partnership. Usage has re- 
 served the term to associations whose mem- 
 bers are in greater number, their- capital 
 more considerable, and their enterprises 
 greater, either on account of their risk or 
 importance. 
 
 When these companies are authorized by 
 the government, they are known by the 
 name of "corporations." 
 
 Sometimes the word is used to represent 
 those members of a partnership whose 
 names do not appear in the name of the 
 firm. See 12 Toullier, Dr. Civ. 97. 
 
 COMPARATIO LITERARUM (Lat.) In 
 the civil law. Comparison of writings, or 
 handwritings. A mode of proof allowed in 
 certain cases. Code, 4. 21. 20; Nov. 49, 
 c. 2; Bell, Diet. 
 
COMPARATIVE NEGLIGENCE 
 
 197 
 
 COMPENSATION 
 
 COMPARATIVE NEGLIGENCE. A doc- 
 trine whereby negligence is classified as 
 "slight," "ordinary," or "gross." In such 
 case, if the negligence of a defendant be 
 gross, there may be a recovery, notwith- 
 standing slight contributory negligence (96 
 111. 47) ; but not where the negligence of 
 the parties is of the same class, or the de- 
 fendant's "ordinary," and the plaintiff's 
 "slight" (72 111. 351). 
 
 The doctrine is now abandoned in the only 
 state where it prevailed as a common-law 
 doctrine. 153 111. 165. 
 
 However, employer's liability acts in 
 some states have modified the common law 
 in a manner nearly akin to the old rule of 
 comparative negligence. Under the Federal 
 Employer's Liability Act of 1908, the negli- 
 gence is compared in determining the dam- 
 ages, recovery being reduced proportion- 
 ately to the extent that plaintiff's negli- 
 gence has contributed to the accident. It 
 varies from the old rule, however, in that 
 no matter how gross the contributory neg- 
 ligence of the plaintiff may be when com- 
 pared VTith the negligence of the defend- 
 ant, it may be considered only in diminution 
 of recovery and not in bar. 
 
 COMPARISON OF HANDWRITING. A 
 
 mode of deducing evidence of the authen- 
 ticity of a written instrument, by showing 
 the likeness of the handwriting to that of 
 another instrument proved to be that of 
 the party whom it is sought to establish as 
 the author of the instrument in question. 1 
 Greenl. Ev. i 578. 
 
 "This is as distinct and separate a thing 
 from that comparison which a witness called 
 to testify to handwriting makes between the 
 writing in question and the exemplar in his 
 mind as an external, visible, and tangible 
 object is distinct from a mental impression 
 or memory." 43 Pa. St. 12. 
 
 COMPASCUUM. Belonging to common- 
 age. Jus compaseuum, the right of common 
 of pasture. 
 
 COMPASSING. Imagining or contriving. 
 
 COMPATERNITAS (Eng. compaternity). 
 In the canon law. A kind of spiritual re- 
 lationship {cognatio spiritualis) contracted 
 by baptism. It was a ground of divorce. 
 Bracton, fol. 298b. 
 
 CO M PATI Bl L ITY. Capability of harmony 
 
 or accord. 
 
 Of Offices. Such harmony between 
 
 the duties of two offices that they may be 
 discharged by one person. 
 
 In Divorce Law. Incompatibility of 
 
 temper is a ground of divorce in one or two 
 states. 
 
 COMPEAR, or COMPEIR. In Scotch law. 
 To appear. 1 Forbes, Inst. pt. 4, bk. 2, c. 2, 
 tit. 2. 
 
 COMPEARANCE, or COMPEIRANCE. In 
 Scotch practice. Appearance; an appear- 
 
 ance made for a defendant; an appearance 
 by counsel. Bell, Diet. 
 
 COMPELLATIVUM. In old records. An 
 adversary or accuser. Whishaw. 
 
 COMPENDIA SUNT DISPENDIA. Abridg- 
 ments are hindrances. Co. Litt. 305. 
 
 COMPENSACION. In Spanish law. The 
 extinction of a debt by another debt of equal 
 dignity between persons who have mutual 
 claims on each other. 
 
 COMPENSATIO. In the civil law. Com- 
 pensation, or set-off. A proceeding resem- 
 bling a set-off in the common law, being a 
 claim on the part of the defendant to have 
 an amount due to him from the plaintiff 
 deducted from his demand. Dig. 16. 2; Inst. 
 4. 6. 30. 39; 3 Bl. Comm. 305; 1 Kames, Eq. 
 395. 
 
 COMPENSATIO CRIMINIS. The compen- 
 sation or set-off of one crime against anoth- 
 er. For example, in questions of divorce, 
 where one party claims the divorce on the 
 ground of adultery of his or her companion, 
 the latter may show that the complainant 
 has been guilty of the same offense, and, 
 having himself violated the contract, cannot 
 complain of its violation on the other side. 
 This principle is incorporated in the codes 
 of most civilized nations. See 1 Hagg. Con- 
 sist. 144; 1 Hagg. Ecc. 714; 2 Paige Ch. (N. 
 y.) 108; 2 Dev. & B. (N. C.) 64; Bish. Mar. 
 & Div. §1 393, 394. 
 
 COMPENSATION (Lat. compendere, to 
 balance) . Indemnification ; recompense. 
 Something to be done for or paid to another 
 of equal value with something of which he 
 has been deprived by the act or negligence 
 of the party so doing or pajring. 
 
 That which constitutes or is regarded as 
 an equivalent. 161 111. 251 ; 154 111. 662. 
 
 As compared with "consideration" and 
 "damages," "compensation," in its ' most 
 careful_ use, seems to be between them. Con- 
 sideration is amends for something given 
 by consent, or by the owner's choice. Dam- 
 ages is amends exacted from a wrongdoer 
 for a tort. Compensation is amends for 
 something which was taken without the 
 owner's choice, yet without commission of a 
 tort. Thus, one should say, consideration 
 for land sold; compensatipn for land taken 
 for a railway; damages for a trespass. But 
 such distinctions are not uniform. "Land 
 damages" is a common expression for com- 
 pensation for lands taken for public use. 
 Abbott. 
 
 In a statute providing for compensation 
 for property taken for public use, compen- 
 sation means an equivalent for the value of 
 the land. 17 N. J. Law, 47. 
 
 It is applied to the remuneration of offi- 
 cers, fiduciaries, etc., but is not synonymous 
 with "salary." 76 111. 548. 
 
 In Civil Law. A reciprocal liberation 
 
 between two persons who are both creditors 
 and debtors of each other. Est debiti et 
 crediti inter se contributio. Dig. 16. 2. 1. 
 
COMPENSATORY DAMAGES 
 
 198 
 
 COMPLAINT 
 
 It resembles in many respects the com- 
 mon-law set-off. The principal difference is 
 that a set-off must be pleaded to be effect- 
 ual; whereas compensation is effectual with- 
 out any such plea. See 2 Bouv. Inst, note 
 1407. 
 
 It may be legal, by way of exception, or 
 by reconvention. 8 La. 158; Dig. 16. 2; 
 Code, 4. 31; Inst. 4. 6. 30; Burge, Sur. bk. 
 2, c. 6, p. 181. 
 
 It takes place by mere operation of law, 
 and extinguishes reciprocally the two debts 
 as soon as they exist simultaneously, to the 
 amount of their respective sums. It takes 
 place only between two debts having equally 
 for their object a sum of money, or a cer- 
 tain quantity of consumable things of one 
 and the same kind, and which are equally 
 liquidated and demandable. It takes place, 
 whatever be the cause of the debts, except 
 in case, first, of a demand of restitution of 
 a thing of which the owner has been unjust- 
 ly deprived; second, of a demand of resti- 
 tution of a deposit and a loan for use; 
 third, of a debt which has for its cause 
 aliments declared not liable to seizure. Civ. 
 Code La. arts. 2203-2208. 
 
 In Old Criminal Law. Recrimination 
 
 (q. V.) 
 
 COIVIPENSATORY DAiVIAGES. Damages 
 in amount legally sufficient to indemnify 
 the injured person for the loss sustained. 
 
 The term is sometimes taken to be equiva- 
 lent to actual damages. 
 
 The term "compensatory damages" is, 
 like "actual damages," very generally said 
 to mean something different from "punitive 
 damages" or "exemplary damages." Dam- 
 ages is intended not merely to compensate 
 the injured person but to punish the wrong- 
 doer. 
 
 COMPERENDINATIO. In the Roman law. 
 The adjournment of a cause, in order to 
 hear the parties or their advocates a second 
 time; a second hearing of the parties to a 
 cause. Calv. Lex.; Brissonius. 
 
 COIVIPERTORiUIVI. In the civil law. A 
 judicial inquest made by delegates or com- 
 missioners to find out and relate the truth 
 of a cause. Cowell. 
 
 COIVIPERUIT AD DIEIVI (Lat. he appeared 
 at the day) . In pleading. A plea in bar to 
 an action of debt on a bail bond. The usual 
 replication to this plea is nul Uel record, 
 that there is not any such record of appear- 
 ance of the said . For forms of this 
 
 plea, see 5 Wentw. 470; Lilly, Entr. 114; 2 
 Chit. PL 527. 
 
 COIMPETENCY. Qualification to act; ca- 
 pacity. 
 
 In the Law of Evidence. The legal 
 
 fitness or ability of a witness to be heard on 
 the trial of a cause; that qualitjr of written 
 or other evidence which renders it proper to 
 be given on the trial of a cause, if it be 
 relevant to the issues therein. See "Rel- 
 evancy." 
 
 There is a difference between competency 
 and credibility. A witness may be compe- 
 tent, and, on examination, his story may be 
 so contradictory and improbable that he 
 may not be believed; on the contrary, he 
 may be incompetent, and yet be perfectly 
 credible if he were examined. 
 
 in French Law. The right in a court 
 
 to exercise jurisdiction in a particular case, 
 as where the law gives jurisdiction to the 
 court when a thousand francs shall be in 
 dispute, the court is competent if the sum 
 demanded is a thousand francs or upwards, 
 although the plaintiff may ultimately re- 
 cover less. 
 
 COMPETENT. Fit; qualified; lawful. 
 Thus, "competent authority" is held«to mean 
 lawful authority (8 Pet. [U. S.] 449). 
 
 A "competent court," one having jurisdic- 
 tion. 1 C. P. Div. 176. 
 
 COiVIPETENT AND OIVIITTED. In Scotch 
 practice. A term applied to a plea which 
 might have been urged by a party during 
 the dependence of a cause, but which had 
 been omitted. Bell, Diet. 
 
 COiVIPETENT PERSON. The expression 
 "competent person" means ordinarily a per- 
 son free from legal disqualification, and 
 does not refer to the ability or experience 
 of such person. 245 111. 50. 
 
 COiVIPETENT WITNESS. One who is 
 legally qualified to be heard to testify in a 
 cause. 
 
 COMPETITION. In Scotch practice. The 
 contest among creditors claiming on their 
 respective diligences, or creditors claiming 
 on their securities. Bell, Diet. 
 
 The act of seeking or endeavoring to 
 gain at the same time; common strife for 
 the same object. 121 111. 317. 
 
 Not every conflict of temporal interest 
 can be regarded as competition. Scott and 
 Farmer, JJ., dissenting opinion. Barnes v. 
 Typographical Union, 232 111. 439. 
 
 COMPILATION. A literary production, 
 composed of the works of others, and ar- 
 ranged in a methodical manner. 
 
 When a compilation requires in its execu- 
 tion taste, learning, discrimination, and in- 
 tellectual labor, it is an object of copyright: 
 as, for example, Bacon's Abridgment. Cur- 
 tis, Copyright, 186. 
 
 COMPLAINANT. One who makes a com- 
 plaint. A plaintiff in a suit in chancery is 
 so called. 
 
 The actor in a chancery suit. 
 
 COMPLAINT. 
 
 In Criminal Law. The allegation made 
 
 to a proper officer that some person, whether 
 known or unknown, has been guilty of a 
 designated offense, with an offer to prove 
 the fact, and a request that the offender 
 may be punished. It is a technical term, de- 
 
COMPLETE 
 
 199 
 
 COMPOUNDING A FELONY 
 
 scriptive of proceedings before a magistrate. 
 11 Pick. (Mass.) 436. 
 
 In Code Pleading. The plaintiff's flrst 
 
 pleading in a civil action. 
 
 COMPLETE.Old forms; Complet, compleet, 
 compleate, com/pleat (adap. Lat. completus, 
 pa. pple. of complere to fill up, finish: cp. 
 Fr. complet). 1. Wanting no part, member, 
 or element; entire, perfect full. The word 
 applied in this sense to title to land, in gen- 
 eral means the right of property as well as 
 possession and right of possession. A com- 
 plete title to land, according to Blackstone, 
 consists of juris et sesinae conjunctio; the 
 possession, the right of possession and the 
 right of property. (60 Miss. 1054; 6 Hill. 
 539.) 
 
 2. Perfect in nature, kind, or quality; 
 consummate; thorough. 
 
 3. Finished; completed; ended. The 
 premises were sold, in consideration of ma- 
 chinery to be furnished, complete, in the mill. 
 This includes, not only the cost of the ma- 
 chinery, but the labor and material neces- 
 sary to place it in proper position for opera- 
 tion. (58 111. 339.) 
 
 4. To add or supply what is wanting 
 to; to finish, perfect, make complete. 
 
 5. To accomplish; to fulfill; to consum- 
 mate, execute, achieve, realize. (28 N. Y. 
 Supp. 445.) 
 
 COMPLETE PURCHASER. This is a 
 term sometimes applied to the subsequent 
 purchaser of land who, though subsequent, 
 will, under certain circumstances, be protect- 
 ed as against prior purchasers where he has 
 procured the evidence of his purchase to be 
 recorded in accordance with the statute. In 
 order to be a complete purchaser within the 
 meaning of the term as thus employed, the 
 purchaser, it appears to be uniformly held, 
 must have paid the purchase money, not 
 merely have given security for payment. 1 
 Whart. 410; 18 111. 343; 6 Bush. 192; 79 
 Va. _ 147. Whether he must also have 
 received a conveyance, not a mere agree- 
 ment to convey, is a point upon which the 
 authorities are not agreed, but the later de- 
 cisions are to the effect that it is enough 
 that he has a full right to a conveyance. 
 
 COMPLETED. (Pa. pple. of Complete, q. v.) 
 The word is used in the various senses of 
 the verb, and may thus mean finished, per- 
 fected, etc. But it may be restricted by a 
 context to a finishing, perfecting, accom- 
 plishing or fulfilling less entire than the 
 word ordinarily imports. 
 
 COMPLETION. (Adap. Lat. eompletio of 
 action of complere to complete, q. v.) The 
 act of completing in various senses parallel 
 with those of the verb. The word "comple- 
 tion [means] * * * the finishing or 
 accomplishing in full of something which 
 has already been commenced]." 121 N. C. 
 401. In its narrowest signification the 
 meaning of the word is to carry out some- 
 
 thing already begun; to fill out something 
 already outlined. 89 Fed. 266. 
 
 COMPLICE. An accomplice. 
 
 COMPOS MENTIS. See "Non Compos 
 Mentis." 
 
 COMPOS SUI (Lat.) Having power of 
 one's self; having the use of one's limbs, or 
 the power of bodily motion. Si fuit ita com- 
 pos sui quod itinerare potuit de loco in lo- 
 cum, if he had so far the use of his limbs 
 as to be able to travel from place to place. 
 Bracton, fol. 14b. 
 
 COMPOSITIO MENSURARUM. The or- 
 dinance of measures; the title of an ancient 
 ordinance, not printed, mentioned in St. 23 
 Hen. VIII. c. 4, establishing a standard of 
 measures. 1 Bl. Comm. 275. 
 
 COMPOSITIO ULNARUM ET PERTICA- 
 rum. The statute of ells and perches. The 
 title of an English statute establishing a 
 standard of measures. 1 Bl. Comm. 275. 
 
 COMPOSITION. An agreement, made 
 upon a sufficient consideration, between a 
 debtor and creditor, by which the creditor 
 accepts part of the debt due to him in satis- 
 faction of the whole. 
 
 Generally applied to agreements between 
 a debtor and several or all of his creditors. 
 
 .—In Ancient Law, Compensation for 
 crime; weregild. 
 
 COMPOSITION IN BANKRUPTCY. An 
 
 agreement by the creditors of a bankrupt 
 to receive a certain percentum of their 
 claims in full satisfaction. 
 
 The national bankrupt act provides for 
 such compositions, requiring a formal offer 
 of composition by the bankrupt, a creditors' 
 meeting to consider the same, and, if ac- 
 cepted by a majority both in number and 
 amount of claims, an application for confir- 
 mation by the court. Loveland, Bankr. 
 S§ 241-253. - 
 
 COMPOSITION OF TITHES. Sometimes 
 called "real composition." An agreement 
 by a landowner with the incumbent, where- 
 by the land is discharged from liability for 
 tithes in consideration of some land or other 
 real recompense given in lieu thereof. 2 
 Steph. Comm. 727. 
 
 COMPOTARIUS. In old English law. A 
 party accounting. Fleta, lib. 2, c. 71, § 17, 
 
 COMPOUND INTEREST, A compensa- 
 tion for the use of money due as interest 
 but not paid, generally called interest upon 
 interest. Interest computed upon interest 
 after maturity is compound interest. 23 111. 
 323; 32 111. App. 362. 
 
 COMPOUNDING A FELONY. The act of 
 a party immediately aggrieved, who agrees 
 with a thief or other felon that he will not 
 prosecute him, on condition that he return 
 to him the goods stolen, or who takes a re- 
 ward not to prosecute. 
 
COMPRA Y VENTA 
 
 200 
 
 CONCEALERS 
 
 It is not necessary that the person with 
 whom the composition was made should be 
 guilty of the alleged felony (42 Ohio St. 
 405; 13 Wend. [N. Y.] 692), nor that the 
 consideration for the compounding was re- 
 ceived for the benefit of another (58 Iowa, 
 151). 
 
 Though, at common law, the offense was 
 restricted to the composition of felonies, 
 the composition of misdemeanors is made 
 penal in most of the United States. 
 
 COMPRA Y VENTA (Spanish). Buying 
 and selling. The laws of contracts arising 
 from purchase and sale are given very fully 
 in Las Partidas, pt. 3, tit. xviii. 11. 56 et 
 seq. 
 
 COMPRINT, The surreptitious printing 
 of the copy of another to the intent to make 
 a gain thereby. Strictly, it signifies to print 
 together. There are several old statutes 
 prohibiting this act. Jacob; Cowell. 
 
 COMPRIRIGUI (Lat.) Step-brothers or 
 step-sisters; children who have one parent, 
 and only one, in common. Calv. Lex. 
 
 COMPRIVIGNI. In the civil law. Chil- 
 dren by a former marriage (individually 
 called "privigni," or "privignae"), consid- 
 ered relatively to each other. Thus, the 
 son of a husband by a former wife, and the 
 daughter of a wife by a former husband, 
 are the comprivigni of each other. Inst. 
 1. 10. 8. 
 
 COMPROMISARIUS. 
 
 arbitrator. 
 
 In civil law. An 
 
 COMPROMISE. An agreement made be- 
 tween two or more parties as a settlement 
 of matters in dispute between them. 
 
 In Civil Law. An agreement between 
 
 two or more persons, who, wishing to settle 
 their disputes, refer the matter in contro- 
 versy to arbitrators, who are so called be- 
 cause those who choose them give them full 
 powers to arbitrate and decide what shall 
 appear just and reasonable, to put an end 
 to the differences of which they are made 
 the judges. 1 Domat, Civ. Law, liv. 1, tit. 
 14. 
 
 COMPROMISSARII SUNT JUDICES. Ar- 
 bitrators are judges. Jenk. Cent. Cas. 128. 
 
 COMPROMISSARIUS. In the civil law. 
 An arbitrator. Dig. 4. 9. 41. 
 
 COMPROMISSUM. In the ciTil law. A 
 submission to arbitration. Dig. 4. 8; 4 
 Reeves, Hist. Eng. Law, 13. 
 
 COMPROMISSUM AD SIMILITUDINEM 
 judlciorum redigltur, A compromise is 
 brought into affinity with judgments. 9 
 Cush. (Mass.) 671. 
 
 COMPTER. In Scotch law. An account- 
 ing party. Skene de Verb. Sign. 
 The name of a prison in London. 
 
 COMPTROLLER. An officer of a state, or 
 of the United States, who has certain duties 
 to perform in the regulation and manage- 
 ment of the fiscal matters of the govern- 
 ment under which he holds office. 
 
 COMPULSION. Forcible inducement to 
 the commission of an act. 
 
 COMPULSORY. In ecclesiastical proced- 
 ure. A compulsory is a kind of writ to 
 compel the attendance of a witnes, to un- 
 dergo examination. Phillim. Ecc. Law, 1258. 
 
 In order to render a payment compulsory, 
 such a pressure must be exerted on the 
 payor as to interfere with the free enjoy- 
 ment of his 'rights of person or property, in 
 the sense of depriving him of the exercise 
 of his free will, and the compulsion must 
 furnish the motive for the payment. 234 
 111. 543. 
 
 COMPURGATOR. One of several neigh- 
 bors of a person accused of a crime,_ or 
 charged as a defendant in a civil action, 
 who appeared and swore that they believed 
 him on his oath. 3 Bl. Comm. 341. 
 
 COMPUTUS (Lat, computare, to account). 
 A writ to compel a guardian, bailiff, receiv- 
 er, or accountant to yield up his accounts. 
 It is founded on St. Westminster II. c. 12; 
 Reg. Orig. 135. 
 
 COMTE (Fr.; Lat. comes). Count. A title 
 of office in the ancient law of France, de- 
 noting a governor of a particular territory 
 or district, who united the characters of a 
 military leader and a judge. As a judge, he 
 had an equal jurisdiction with the missiis 
 'dominicus, or king's commissary. Esprit 
 des Lois, liv. 28, c. 28; Id. liv. 30, c. 18. As 
 a military officer, he commanded the free- 
 men, and led them to the field. Id. liv. 30, 
 cc. 17, 18. Montesquieu says he was at the 
 head of all the freemen of the monarchy. 
 Id. liv. 31, c. 23. See, also. Id. liv. 30, c. 
 18; Id. liv. 31, c. 1. The comte was subor- 
 dinate to the due (duke). Guyot, Inst. 
 Feud. c. 1, § 8. See "Comes"; "Count." 
 
 In later times, a title of nobility. Bou- 
 lainvilliers Etat de la France, iii. 56; Barr. 
 Obs. St. 31. 
 
 CON BUENA FE. In Spanish law. With 
 good faith; in good faith; bona fide. White, 
 New Recop. bk. 2, tit. 2, c. 8. 
 
 CONACRE. In Irish practice. The pay-' 
 ment of wages in land, the rent being worked 
 out in labor at a money valuation. Wharton. 
 
 CONATUS QUID SIT, NON DEFINITUR 
 In Jure. What an attempt is. Is not defined 
 in law. 2 Bulst. 277. 
 
 CONCEALERS. Such as find out con- 
 cealed lands; that is, lands privily kept from 
 the king by common persons havmg nothing 
 to show for them. They are called "a 
 troublesome, disturbant sort of men; turbu- 
 lent persons." Cowell. 
 
CONCEALMENT 
 
 201 
 
 CONCILIUM 
 
 CONCEALMENT. The Improper suppres- 
 sion of any fact or circumstance by one of 
 the parties to a contract from the other, 
 which in justice ought to be known. 
 
 The omission by an applicant for insur- 
 ance preliminarily to state facts known to 
 him, or which he is bound to know, material 
 to the risk proposed to be insured against, 
 or omission to state truly the facts expressly 
 inquired about by the underwriters to whom 
 application for insurance is made, whether 
 the same are or are not material to the risk. 
 See 12 Cush. (Mass.) 416. 
 
 CONCEALMENT OF BIRTH. The con- 
 cealing or endeavoring to conceal the birth 
 of a child is very commonly made a crimi- 
 nal offense. It is in England by statute a 
 misdemeanor punishable by two years' im- 
 prisonment with hard labor to conceal or 
 endeavor to conceal the birth of a child by 
 secret disposition of its dead body. (24 and 
 25 Vict. c. 100, § 60: cp. Steph. Dig. Crim. 
 Law, 155; Russ. Crimes, 1.) And similar 
 statutes having a similar purpose have been 
 enacted in various of the states. The pur- 
 pose of course is to protect the lives of bas- 
 tard children, whom the parents might 
 incline to put out of the way. The word 
 "concealment" is used here, it would seem, 
 in no peculiar sense, except by force of some 
 peculiar context. The word is given point 
 and limitation by the further phrase "by 
 secret disposition of its dead body." This 
 shuts out the idea of concealment by mere 
 false representation. But in any case the 
 statutory context should be considered. 
 
 CONCEPTUM. In the civil law. A thaft 
 (furtum) was called "conceptum" when the 
 thing stolen was searched for, and found 
 upon some person in the presence of wit- 
 nesses. Inst. 4. 1. 4. 
 
 CONCERN. 1. That which relates or per- 
 tains to one; matter of concernment; affair; 
 business. 
 
 2. An establishment for the carrying 
 on of a business, as a buying and selling or 
 manufacturing firm or company. 
 
 CONCERNED IN. This is a phrase often 
 employed in statutes, contracts, etc., in the 
 sense of having to do with, having part or 
 share in, being engaged in or with, etc. 
 "'Being concerned in' is * * * a colloquial 
 expression, equivalent to 'being engaged in,' 
 or 'taking part in'." 74 Fed. 217. 
 
 It is sometimes provided in policies of in- 
 surance that in case of loss the assured 
 must produce a certificate of the fact from 
 a magistrate not "concerned in" it as a cred- 
 itor. The phrase has been held to mean 
 a magistrate who has not a personal inter- 
 est such as to tempt him to state what is 
 not true, not a creditor in a trifling sum not 
 affecting such an interest. 131 Mass. 44. 
 
 It is sometimes provided by statute that 
 particular nublic officers shall not be "con- 
 cerned in" the purchase of lands sold for 
 taxes. The inhibition has been held to 
 forbid an interest to the extent of a com- 
 
 mission as agent for a purchaser. 
 290. 
 
 70 la. 
 
 CONCERT. Agreement in a design or 
 plan; union formed by mutual communi- 
 cation of opinions and views. 192 111. 196. 
 
 CONCESSI (Lat. I have granted). A term 
 formerly used in deeds. 
 
 It is a word of general extent, and is said 
 to amount to a grant, feoffment, lease, re- 
 lease, and the like. 2 Saund. 96; Co. Litt. 
 301, 302; Dane, Abr. Index; 5 Whart. (Pa.) 
 278. 
 
 It has been held in a feoffment or fine to 
 imply no warranty. Co. Litt. 384; 4 Coke, 
 80; Vaughan's Argument in Vaughan, 126; 
 Butler's Note, Co. Litt. 384. But see 1 
 Freem. 339, 414. 
 
 CONCESS(MUS (Lat. we have granted). 
 A term used in conveyances. It created a 
 joint covenant on the part of the grantors. 
 5 Coke, 16; 3 Keb. 617; Bac. Abr. "Cove- 
 nant." 
 
 CONCESSIO. In old English law. A 
 grant; one of the old common assurances, or 
 forms of conveyance, being properly of 
 things incorporeal which cannot pass by 
 deed. 2 Bl. Comm. 317. 
 
 CONCESSIO PER REGEM FIERI DEBET 
 de certitudine. A grant by the king ought 
 to be a grant of a certainty. 9 Coke, 46. 
 
 CONCESSIO VERSUS CONCEDENTEM 
 latam interpretationem habere debet. A 
 grant ought to have a liberal interpretation 
 against the grantor. Jenk. Cent. Cas. 279. 
 
 CONCESSION. A grant. The word Is 
 frequently used in this sense when applied 
 to grants made by the French and Spanish 
 governments in Louisiana. 
 
 CONCESSIT SOLVERE. A form of ac- 
 tion of debt on simple contract which lies 
 by custom in the mayor's courts of London 
 and Bristol. The declaration is to the ef- 
 fect that the defendant on a fictitious date, 
 in consideration of divers fictitious sums of 
 money before that time due and owing from 
 him to the plaintiff, and then in arrear and 
 unpaid, granted and agreed to pay (conces- 
 sit solvere) to the plaintiff the sum sued for, 
 but has not done so. 
 
 CONCESSOR. A grantor. 
 
 CONCESSUS. A grantee. 
 
 CONCILIABULUM. A council house. 
 Towns. PI. 184. 
 
 CONCILIUM. A council. 
 
 Concilium Ordinarlum. In Anglo-Nor- 
 man times, an executive and residuary ju- 
 dicial committee of the aula regis {q. v.) 
 
 Concilium Regis. A tribunal which ex- 
 isted in England during the times of Ed- 
 ward I. and Edward II., composed of the 
 judges and sages of the law. To them were 
 
CONCLUSION 
 
 202 
 
 CONCUBINATUS 
 
 referred cases of great difficulty. Co. Litt. 
 304. 
 
 CONCLUSION (Lat. con claudere, to shut 
 together). The close; the end. , 
 
 In Pleading. In declarations, that part 
 
 which follows the statement of the cause of 
 action. In personal or mixed actions, where 
 the object is to recover damages, the con- 
 clusion is, properly, to the damage of the 
 plaintiff, etc. Comyn, Dig. "Pleader," c. 84; 
 10 Coke, 1156. 
 
 The form was anciently, in the king's 
 bench, "To the damage of the said A. B., 
 and thereupon he brings suit;" in the ex- 
 chequer, "To the damage," etc., "whereby 
 he is the less able to satisfy our said lord 
 the king the debts which he owes his said 
 majesty at his exchequer, and therefore he 
 brings his suit." 1 Chit. PI. 356-358. 
 
 In pleas, the conclusion is either to the 
 country, — which must be the case when an 
 issue is tendered, that is, whenever the 
 plaintiff's material statements are contra- 
 dicted, — or by verification, which must be 
 the case when new matter is introduced. 
 Every plea in bar, it is said, must have its 
 proper conclusion. All the formal parts of 
 pleadings have been much modified by stat- 
 ute in the various states and in England 
 within the last few years. 
 
 In Practice. Making the last argu- 
 ment or address to the court or jury. The 
 party on whom the onus probandi is cast, in 
 general, has the conclusion. 
 
 —In Remedies. An estoppel; a bar; 
 the act of a ^^an by which he has confessed 
 a matter or thing which he can no longer 
 deny. For example, the sheriff is concluded 
 by his return to a writ, and therefore, if 
 upon a capias he return cepi corpus, he can- 
 not afterwards show that he did not arrest 
 the defendant, but is concluded by his re- 
 turn. See Plowd. 276b; 3 Thomas, Co. Litt. 
 600. 
 
 CONCLUSION TO THE COUNTRY. In 
 
 pleading. The tender of an issue for trial 
 by a jury. When the issue is tendered by 
 the defendant, it is as follows: "And of 
 this the said C. D. puts himself upon the 
 country." When tendered by the plaintiff, 
 the formula is, "And this the said A. B. 
 prays may be inquired of by the country." 
 It is held, however, that there is no material 
 difference between these two modes of ex- 
 pression, and that if the one be substituted 
 for the other the mistake is unimportant. 
 10 Mod. 166. 
 
 CONCLUSIVE EVIDENCE. That which 
 cannot be controlled or contradicted by any 
 other evidence. 
 
 CONCLUSIVE PRESUMPTION. A rule 
 of law determining the quantity of evidence 
 requisite for the support of a particular 
 averment which is not permitted to be over- 
 come by any proof that the fact is other- 
 wise. 1 Greenl. Ev. § 15. Thus, for example, 
 the possession of land under claim of title 
 
 for a certain period of time raises a con- 
 elusive presumption of a grant. 
 
 In the civil law, such presumptions are 
 said to be juris et de jure. 
 
 CONCORD. An agreement, or supposed 
 agreement, between the parties in levying a 
 fine of lands, in which the deforciant (or he 
 who keeps the- other out of possession) ac- 
 knowledges that the lands in question are 
 the right of the complainant, and from the 
 acknowledgment or admission of right thus 
 made, the party who levies the fine is called 
 the "cognizor," and the person to whom it is 
 levied, the "cognizee." 2 Bl. Comm. 350; 
 Cruise, Dig. tit. 35, c. 2, § 33; Comyn, Dig. 
 "Fine" (E 9). 
 
 CONCORDARE LEGES LEGIBUS EST 
 optimus interpret'andi modus. To make laws 
 agree with laws is the best mode of inter- 
 preting them. Halk. Max. 70. 
 
 CONCORDAT. A convention; a pact; an 
 agreement. The term is generally confined 
 to the agreements made between independ- 
 ent governments, and most usually applied 
 to those between the pope and some prince. 
 
 CONCORDIA (Lat.) In old English law. 
 An agreement, or concord. Fleta, lib. 5, c. 
 
 3, § 5. The agreement or unanimity of a 
 jury, compellere ad concordiam. Fleta, lib. 
 
 4, c. 9, § 2. 
 
 CONCORDIA DISCORDANTIUIVI CANO- 
 num. The harmony of the discordant can- 
 ons. A collection of ecclesiastical consti- 
 tutions made by Gratian, an Italian monk, 
 A. D. 1151; more commonly known by the 
 
 name of Deoretum Gratiani. 1 Bl. Comm. 
 
 82. 
 
 CONCORDIA PARVAE RES CRESCUNT 
 et opulentia lites. Small means increase by 
 concord, and litigations by opulence. Coke, 
 4th Inst. 74. 
 
 CONCUBARIA. A fold, pen, or place 
 where cattle lie. Cowell. 
 
 CONCUBEANT. Lying together. 
 
 CONCUBINAGE. A species of marriage 
 which took place among the ancients, and 
 which is yet in use in some countries. See 
 "Concubinatus." 
 
 The act or practice of cohabiting, in sex- 
 ual commerce, without the authority of law 
 or a legal marriage. See 1 Brown, Civ. Law, 
 80; Merlin, Repert.; Dig. 32. 49. 4; Id. 7. 
 1. 1; Code, 5. 27. 12. 
 
 CONCUBINATUS. A natural marriage, as 
 contradistinguished from the justae nuptiae, 
 or justum matrimonium, the civil marriage. 
 
 The concubinatus was the only marriage 
 which those who did not enjoy the jus con- 
 nubii could contract. Although this natural 
 marriage was authorized and regulated by 
 law, yet it produced none of those impor- 
 tant rights which flowed from the civil mar- 
 Iriage, such as the paternal power, etc.; nor 
 
CONCUBINE 
 
 203 
 
 CONDEMNATION MONEY 
 
 ■was the wife entitled to the honorable ap- 
 pellation of mater-familias, but was desig- 
 nated by the name. of concubina. After the 
 exclusive and aristocratic rules relative to 
 the connubium had been relaxed, the concu- 
 binatus fell into disrepute and the law per- 
 mitting it was repealed by a constitution of 
 the Emperor Leo, the Philosopher, in the 
 year 886 of the Christian era. See "Pater- 
 Familias." 
 
 CONCUBINE. A woman who cohabits 
 with a man as his wife without being mar- 
 ried. 
 
 When a single woman consents unlawfully 
 to cohabit with a man generally, as though 
 the marriage relation existed between them, 
 without any limit as to the duration of such 
 illicit intercourse, and actually commences 
 cohabiting with him in pursuance of that 
 understanding, she becomes his concubine. 
 124 111. 616, 
 
 CONCUR. In Louisiana. To claim a part 
 of the estate of an insolvent along with 
 other claimants (6 Mart. [La.; N. S.] 460) : 
 as "the wife concurs with her husband's 
 creditors, and claims a privilege over them." 
 
 CONCURRENCE. In French law. The 
 equality of rights, or privilege which sev- 
 eral persons have over the same thing; as, 
 for example, the right which two judgment 
 creditors, whose judgments were rendered 
 at the same time, have to be paid out of the 
 proceeds of real estate bound by them. Diet, 
 de Jur. 
 
 CONCURRENT. Running together; hav- 
 ing the same authority. Thus, we say, a 
 concurrent consideration occurs in the case 
 of mutual promises; such and such courts 
 have concurrent jurisdiction, — that is, each 
 has the same jurisdiction. 
 
 CONCURRENT JURISDICTION. That 
 
 which is possessed over the same parties or 
 subject matter at the same time by two or 
 more separate tribunals. 120 111. 81. 
 
 That jurisdiction exercised by different 
 courts at the same time over the same sub- 
 ject matter and within the same territory, 
 and wherein litigants may, in the first in- 
 stance, resort to either court indifferently. 
 141 111. 498. 
 
 CONCURRENT SENTENCES. Such as, 
 being passed on a conviction for several 
 crimes, are computed as beginning simul- 
 taneously and running concurrently. See 
 "Cumulative Sentences." 
 
 CONCURRENT WRIT. In English prac- 
 tice. A copy of the original writ of sum- 
 mons issued in an action, the very date be- 
 ing the same, the seal bears the word "con- 
 current" on it, and shows the date when the 
 concurrent seal was impressed, i. e., issued. 
 A concurrent writ is frequently issued for 
 service out of the jurisdiction. Brown. 
 
 CONCURSUS (Lat. from concurrere) . In 
 the civil law. A running together; a 
 meeting or concurrence. Concursus credi- 
 torum, the conflict or conflicting rights of 
 creditors, in relation to their liens, privi- 
 leges, and priorities, in cases of insolvency 
 and other cases. Story, Confl. Laws, 325c, 
 433a. 
 
 CONCUSS. In Scotch law. To coerce. 
 Shaw, 322. 
 
 CONCUSSIO. In civil law. The offense 
 of extortion by threats of violence. Dig. 47. 
 13. 
 
 CONCUSSION. In civil law. The unlaw- 
 ful forcing of another by threats of violence 
 to give something of value. It differs from 
 robbery in this, that in robbery the thing is 
 taken by force, while in concussion it is ob- 
 tained by threatened violence. Heinec. Lee. 
 Elm. § 1071. 
 
 CON DEO IT. In ecclesiastical law. The 
 name of a plea entered by a party to a libel 
 filed in the ecclesiastical court, in which it 
 is pleaded that the deceased made the will 
 which is the subject of the suit, and that 
 he was of sound mind. 2 Ecc. 438; 6 Ecc. 
 431. 
 
 CONDEMN. To sentence; to adjudge. 3 
 Bl. Comm. 291. 
 
 To declare a vessel a prize; to declare a 
 vessel unfit for service. 1 Kent, Comm. 
 102; 5 Esp. 65. 
 
 To take by exercise of the power of emi- 
 nent domain. 
 
 CONDEMNATION. 
 
 Sometimes used to indicate proceedingsj 
 for taking property by right of 'eminent 
 domain. 
 
 In Admiralty. The sentence of a com- 
 petent tribunal which declares a ship unfit 
 for service. This sentence may be re-exam- 
 ined and litigated by the parties interested 
 in disputing it. 5 Esp. 65 ; Abb. Shipp. 4. 
 
 The judgment, sentence or decree by 
 which property seized and subject to for- 
 feiture for an infraction of revenue, navi- 
 gation, or other laws is condemned or for- 
 feited to the government. See "Captor." 
 
 The sentence or judgment of a court of 
 competent jurisdiction, that a ship or vessel 
 taken as a prize on the high seas was liable 
 to capture, and was properly and legally 
 captured and held as prize. 
 
 In Civil Lawf. A sentence or judgment 
 
 which condemns some one to do, to give, or 
 to pay something, or which declares that 
 his claim or pretensions are unfounded. 
 
 In Criminal Law. The word is used In 
 
 this sense by common-law lawyers also, 
 though it is more usual to say "conviction." 
 3 Bl. Comm. 291. It is a maxim that no 
 man ought to be condemned unheard, and 
 vnthout the opportunity of being heard. 
 
 CONDEMNATION MONEY. In practice. 
 The damages which the party failing in an 
 
CONDESCENDENCE 
 
 204 
 
 CONDITION 
 
 action is adjudged or condemned to pay; 
 sometimes simply called the "condemna- 
 tion." 3 Bl. Comm. 291. It answers to the 
 judicatum of the civil law. Id. 291, 292. 
 
 CONDESCENDENCE. In the Scotch law. 
 A part of the proceedings in a cause, set- 
 ting forth the facts of the case on the part 
 of the pursuer or plaintiff. 
 
 CONDICTIO (Lat. from condicere.) In 
 civil law. An assignment; a summons. 
 
 A personal action ; an action arising from 
 an obligation to do or give some certain, 
 precise, and defined thing. Inst. 3. 15. pr. 
 
 Condictio is a general name given to per- 
 sonal actions, or actions arising from obli- 
 gations, and is distinguished from vindicatio 
 (real action), an action to regain possession 
 of a thing belonging to the actor, and from 
 mixed actions (actiones mixtae). Condictio 
 is also distinguished from an action ex stip- 
 ulatu, which is a personal action which lies 
 where the thing to be done or given is un- 
 certain in amount or identity. See Calv. 
 Lex.; Halifax, Anal. 117. 
 
 Condictio Certi. An action which lies 
 
 upon a promise to do a thing, where such 
 promise or stipulation is certain, si certa sit 
 stipulatio. Inst. 3. 16. pr.; Id. 3. 15. pr.; 
 Dig. 12. 1; Bracton, fol. 103b; Fleta, lib.. 
 2, c. 60, § 23. 
 
 ——Condictio ex Lege. An action arising 
 where the law gave a remedy, but provided 
 no appropriate form of action. Calv. Lex. 
 
 Condictio Indebitati. An action which 
 
 lies to recover that which the plaintiff has 
 paid to the defendant, by mistake, and which 
 he was not bound to pay, either in fact or 
 in law. 
 
 This action does not lie if the money was 
 due ex aequitate, or by a natural obligation, 
 or if he who made the payment knew that 
 nothing was due; for qui consulto dat, quod 
 nan debet, praesumitur donare. Bell, Diet.; 
 Calv. Lex.; 1 Kames, Eq. 307. 
 
 Condictio Rei Furtivae. An action 
 
 against the thief or his heir to recover the 
 thing stolen. 
 
 Condictio Sine Causa. An action by 
 
 which anything which has been parted with 
 without consideration may be recovered.^ It 
 also lay in case of failure of consideration, 
 under certain circumstances. Calv. Lex. 
 
 CONDITIO (Lat.) A condition. Bracton, 
 fols. 19, 47. 
 
 CONDITIO BENEFICIALIS, QUAE STAT- 
 um construit, benigne, secundum verborum 
 intentionem est interpretanda; odiosa autem, 
 quae statum destruit, strlcte, secundum ver- 
 borum proprietatem, aocipienda. A beneficial 
 condition, which creates an estate, ought to 
 be construed favorably, according^ to the in- 
 tention of the words; but an odious condi- 
 tion, which destroys an estate, ought to be 
 construed strictly, according to the letter of 
 the words. 8 Coke, 90; Shep. Touch. 134. 
 
 CONDITIO DICITUR, CUM QUID IN 
 casum incertum qui potest tendere ad esse 
 
 aut non esse, confertur. It is called a con- 
 dition when something is given on an un- 
 certain event, which may or may not come 
 into existence. Co. Litt. 201. 
 
 CONDITIO ILLICITA HABETUR PRO 
 non adjicta. An unlawful condition Is 
 deemed as not annexed. 
 
 CONDITIO PRAECEDENS ADIIVIPUERI 
 debet priusquam sequatur effectus. A con- 
 dition precedent must be fulfilled before the 
 effect can follow. Co. Litt. 201. 
 
 CONDITION. 
 
 In Civil Law, The situation of every 
 
 person in some one of the different orders of 
 persons which compose the general order 
 of society, and allot to each person therein 
 a distinct, separate rank. Domat, Civ. Law, 
 tom. ii. lib. 1, tit. 9, § i, art. viii. 
 
 A paction or agreement which regulates 
 that which the contractors have a mind 
 should be done if a case which they fore- 
 see should come to pass. Domat Civ. Law, 
 tom. i. lib. 1, tit. 1, § 4. 
 
 Domat says conditions are of three sorts. 
 The first tend to accomplish the 'covenants 
 to which they are annexed. The second 
 dissolve covenants. The third neither ac- 
 complish nor avoid, but create, some 
 change. When a condition of the first sort 
 comes to pass, the covenant is thereby made 
 effectual. In case of conditions of the second 
 sort, all things remain in the condition they 
 were in by the covenant, and the effect of 
 the condition is in suspense until the condi- 
 tion comes to pass and the covenant is void. 
 Domat, Civ. Law, lib. i. tit. 1, § 4, art. 6 et 
 seq. See Poth Obi. pt. 1, c. 2, art. 1, § 1; 
 Id. pt. ii. c. 3, art. 2. 
 
 (1) Casual conditions are such as depend 
 upon accident, and are in no wise in the 
 power of the person in whose favor the 
 obligation is entered into. 
 
 (2) Mixed conditions are such as depend 
 upon the joint wills of the person in whose 
 favor the obligation is contracted, and of a 
 third person; as, "If you marry my cousin, 
 I will give," etc. Poth. Obi. 
 
 (3) Potestative conditions are those which 
 are in the power of the person in whose 
 favor the obligation was contracted; as, if 
 I contract to give my neighbor a sum of 
 money, in case he cuts down a tree. 
 
 (4) Resolutory conditions are those which 
 are added not to suspend the obligation till 
 their accomplishment, but to make it cease 
 when they are accomplished. 
 
 (5) Suspensive obligations are those which 
 suspend the obligation until the performance 
 of the condition. They are casual, mixed, or 
 potestative. 
 
 In Common Law. The status or rela- 
 tive situation of a person in the state aris- 
 ing from the regulations of society. Thus, 
 a person under twenty-one is an infant, with 
 certain privileges and disabilities. Every 
 person is bound to know the condition of 
 the person with whom he deals. 
 
CONDITION 
 
 205 
 
 CONDITIONAL LEGACY 
 
 A qualification, restriction, or limitation 
 -modifying or destroying the original act 
 with which it is connected. 
 
 A clause in a contract or agreement in- 
 tended to suspend, rescind, or modify the 
 principal obligation, or, in case of a will, to 
 suspend, revoke, or modify the devise or be- 
 quest. 1 Bouv. Inst, note 730. 
 
 A modus or quality annexed by him that 
 hath an estate, or interest or right to the 
 same, whereby an estate, etc., may either be 
 defeated, enlarged, or created upon an un- 
 certain event. Co. Litt. 201a. 
 
 A qualification or restriction annexed to a 
 conveyance of lands, whereby it is provided 
 that in case a particular event does or does 
 not happen, or in case the grantor or gran- 
 tee does or omits to do a particular act, 
 an estate shall commence, be enlarged, or 
 be defeated. Greenl. Cruise, Dig. tit. xiii. 
 c. i. § 1. 
 
 A future uncertain event, on the happen- 
 ing or the nonhappening of which the accom- 
 plishment, modification, or rescission of a 
 testamentary disposition is made to depend. 
 
 (1) Affirmative conditions are positive 
 conditions. Affirmative conditions implying 
 a negative are spoken of by the older writ- 
 ers, but no such class is now recognized. 
 Shep. Touch. 117. 
 
 (2) Collateral conditions are those which 
 require the doing of a collateral act. Shep. 
 Touch. 117. 
 
 (3) Compulsory conditions are such as 
 expressly require a thing to be done. 
 
 (4) Repugnant or insensible conditions 
 are those inconsistent with the original act. 
 
 (5) Consistent conditions are those which 
 agree with the other parts of the transac- 
 tion. 
 
 (6) Copulative conditions are those which 
 are composed of distinct parts or separate 
 conditions, all of which must be performed. 
 They are generally conditions precedent, but 
 may be subsequent. Powell, Dev. c. 15. 
 
 (7) Disjunctive conditions are those which 
 require the doing of one of several things. 
 If a condition become impossible in the cop- 
 ulative, it may be taken in the disjunctive. 
 Viner, Abr. "Condition" (S b) (Y b 2). 
 
 (8) Single conditions are those which re- 
 quire the doing of a single act only. 
 
 (9) Restrictive conditions are such as con- 
 tain a restraint, as that a lessee shall not 
 alien. 
 
 (10) Lawful conditions are those which 
 the law allows to be made. 
 
 (11) Unlawful conditions are those which 
 the law forbids. 
 
 (12) Independent conditions are those, 
 each of which must be performed without 
 regard to the performance of the others. 
 
 (13) Dependent conditions are those the 
 failure of performance of one of which ex- 
 cuses performance of the others. 
 
 (14) Express conditions are those which 
 are created by express words. Co. Litt. 328. 
 Express conditions are also known as "con- 
 ditions in deed." 
 
 (15) Implied conditions are those which 
 the law supposes the parties to have had in 
 mind at the time the transaction was en- 
 tered into, though no condition was ex- 
 pressed. Implied conditions are also known 
 as "covert conditions," or "conditions in 
 law," but the latter term is little used by 
 modern writers. 2 Bl. Comm. 155. 
 
 (16) Impossible conditions are those 
 which cannot be performed in the course 
 of nature. 
 
 (17) Possible conditions are those which 
 may be performed. 
 
 (18) Inherent conditions are such as are 
 annexed to the rent reserved out of the land 
 whereof the estate is made. Shep. Touch. 
 118. 
 
 (19) Precedent conditions are those which 
 are to be performed before the estate or the 
 obligation commences, or the bequest takes 
 effect. Powell, Dev. c. 15. A bond to convey 
 land on the payment of the purchase money 
 furnishes a common example of a condition 
 precedent. 9 Cush. (Mass.) 95. They are 
 distinguished from conditions subsequent. 
 
 If the language of the particular clause 
 or the whole instrument shows that the act 
 upon which the estate depends must be per- 
 formed before the estate vests, the condition 
 is precedent, but if the act does not neces- 
 sarily precede the vesting of the estate but 
 may accompany or follow it, the condition 
 is subsequent. 267 111. 107. 
 
 (20) Subsequent conditions are those 
 whose effect is not produced until after the 
 vesting of the estate or bequest, or the com- 
 mencement of the obligation. 
 
 One by which an interest already vested 
 may be divested, or a contingent interest de- 
 feated before vested. 190 111. 207. 
 
 "Where a condition must be performed 
 before the estate can commence, it is called 
 a 'condition precedent'; but when the effect 
 of the condition is to enlarge or defeat the 
 estate already created, it is then called a 
 'condition subsequent.'" 12 Barb. (N. Y.) 
 440, 
 
 A condition subsequent determines an es- 
 tate after breach upon entry or claim by the 
 proper person; as, limitation marks the 
 period which ipso facto determines an es- 
 tate. 3 Gray (Mass.) 143. 
 
 CONDITIONAL FEE. A fee which, at the 
 common law, was restrained to some par- 
 ticular heirs, exclusive of others. It was 
 called a conditional fee by reason of the 
 condition, expressed or implied in the dona- 
 tion of it, that, if _ the donee died without 
 such particular heirs, the land should re- 
 vert to the donor. For this was a condition 
 annexed by law to all grants whatsoever, 
 that, on failure of the heirs specified in the 
 grant, the grant should be at an end, and 
 the land return to its ancient proprietor. 2 
 Bl. Comm. 110. 
 
 CONDITIONAL LEGACY. A bequest 
 whose existence depends upon the happen- 
 ing or not happening of some uncertain 
 event, by which it is either to take place 
 
CONDITIONAL LIMITATION 
 
 206 
 
 CONFEDERACY 
 
 or to be defeated. 1 Rop. Leg. (3d Ed.) 645. 
 
 CONDITIONAL LIMITATION. A condi- 
 tion followed by a limitation over to a third 
 person in case the condition be not fulfilled, 
 or there be a breach of it. 
 
 A condition determines an estate after 
 breach, upon entry or claim by the proper 
 person. A limitation marks the period 
 ■which determines an estate without any act 
 on the part of him who has the next ex- 
 pectant interest. A conditional limitation 
 is therefore of a mixed nature, partaking of 
 that of a condition and a limitation. Bige- 
 low, J., 3 Gray (Mass.) 143. The limitation 
 over need not be to a stranger. 2 Bl. Comm. 
 155; 11 Mete. (Mass.) 102; Watk. Conv. 
 204. 
 
 It is distinguished from an estate on con- 
 dition subsequent by the fact that, on breach 
 of a conditional limitation, the estate termi- 
 nates ipso facto. 1 Steph. Comm. 310. 
 
 CONDITIONAL OBLIGATION. An obli- 
 gation subject to a condition. 
 
 In Louisiana. An implied obligation. 
 
 See 2 La. Ann. 989, 991. 
 
 CONDITIONAL STIPULATION. A stipu- 
 lation on condition. 
 
 CONDITIONES QUAELIBET ODIOSAE; 
 maxime autem contra matrimonlum et com- 
 mercium. Any conditions are odious, but 
 especially those against matrimony and com- 
 merce. Loflft, 644. 
 
 CONDITIONS OF SALE. The terms upon 
 which the vendor of property by auction 
 proposes to sell it. 
 
 The instrument containing these terms, 
 when reduced to writing or printing. 
 
 CONDOMINIA. In civil law. Co-owner- 
 ships or limited ownerships, such as emphy- 
 teusis, superficies, pignus, hypotheca, usus- 
 fructus, usus and habitatio. These were 
 more than mere jura in re aliena, being por- 
 tion of the dominium, itself, although they 
 are commonly distinguished from the do- 
 minium strictly so called. Brown. 
 
 CONDONACION. A Spanish law term, 
 signifying the remission of a debt. 
 
 CONDONATION. The conditional forgive- 
 ness or remission, by a husband or vidfe, of a 
 matrimonial offense which the other has 
 committed. 
 
 Condonation is the remission by one of 
 the named parties of an offense which he 
 knows the other has committed, on the con- 
 dition, implied where it is not expressed, 
 of being continually afterwards treated by 
 the other with conjugal kindness. 2 Bish. 
 Mar., Div. & Sep. § 269. 
 
 Condonation may be either express or im- 
 plied (27 Ind. 186), as by continued matri- 
 monial cohabitation after knowledge of the 
 offense (13 N. J. Eq. 81). 
 
 Conditional forgiveness, whereby one par- 
 ty forgives the other's vyrong on the implied 
 promise that there shall be no further vio- 
 
 lation of the marriage vows. 59 111. App. 
 571. 
 
 CONDUCT MONEY. In English' practice. 
 Money paid to a witness who has been sub- 
 poenaetf on a trial, sufficient to defray the 
 reasonable expenses of going to, staying at, 
 and returning from the place of trial. Lush, 
 Com. Law Prac. 460; Archb. New Prac. 689. 
 
 CONDUCTI ACTIO. See "Actio ex Con- 
 ducto." 
 
 CONDUCTIO (Lat.) A hiring; a bailment 
 for hire. 
 
 It is the correlative of locatio, ^ letting 
 for hire. Condueti actio, in the civil law, 
 is an action which the hirer of a thing or 
 his heir had against the latter or his heir 
 to be allowed to use the thing hired. Con- 
 ducere, to hire a thing. Conductor, a hirer, 
 a carrier; one who undertakes to perform 
 labor on another's property for a specified 
 sum. Conductus, the thing hired. Calv. 
 Lex.; Du Cange; 2 Kent, Comm. 586. 
 
 CONDUCTOR. One who conducts or es- 
 corts. In the law and usage of railways, a 
 trainman who directs the movements of the 
 train and is responsible for the execution 
 of orders in respect to the same, and, where 
 passengers are carried, collects fares, etc.; 
 one who performs like duties on street cars 
 and other like cars. 
 
 CONDUIT. A method or means of convey- 
 ing; a channel for passage or transmission, 
 especially of water or other fluid. 
 
 "Conduit" is a general word which ap- 
 plies to any channel or structure by which 
 flowing water can be conducted from one 
 point to another. It includes a ditch, flume, 
 pipe, or any kind of aqueduct. 103 Cal. 
 673. 
 
 CONE. See "Coine." 
 
 CONE AND KEY. A woman at fourteen 
 or fifteen years of age may take charge of 
 her house, and receive cone and key, — that 
 is, keep the accounts and keys. Cowell. 
 Said by Lord Coke to be "cover and keye," 
 meaning that at that age a woman knew 
 what in her house should be kept under 
 lock and key. Coke, 2d Inst. 203. 
 
 CONFARREATIO. In Roman law. A sac- 
 rificial rite resorted to by marrying persons 
 of high patrician or priestly degree, for the 
 purpose of clothing the husband with the 
 manus over his wife; the civil modes of ef- 
 fecting the same thing being coemptio (for- 
 mal) , and usus mulieris (informal) . Brown. 
 
 CONFECTIO (Lat. from conficere). The 
 making and completion of a written instru- 
 ment. 5 Coke, 1. 
 
 CONFEDERACY. 
 
 In Criminal Law. An agreement be- 
 tween two or more persons to do an unlaw- 
 ful act, or an act which, though not unlaw- 
 ful in itself, becomes so by the confederacy. 
 
CONFEDERATION 
 
 207 CONFIDENTIAL COMMUNICATIONS 
 
 The technical term usually employed to sig- 
 nify this oflfense is "conspiracy." 
 
 In Equity Pleading. An improper com- 
 bination alleged to have been entered into 
 between the defendants to a bill in equity. 
 
 A general charge of confederacy is made 
 a part of a bill in chancery, and is the 
 fourth part, in order, of the bill, but it has 
 become merely formal, except in cases where 
 the complainant intends to show that such 
 a combination actually exists or existed, in 
 which case a special charge of such con- 
 federacy must be made. Story, Eq. PI. 
 §§ 29, 30; Mitf. Eq. PL (Jeremy Ed.) 41; 
 Cooper, Eq. PL 9. 
 
 — ^In International Law. An agreement 
 between two or more states or nations, by 
 which they unite for their mutual protec- 
 tion and good. This term is applied to such 
 an agreement made between two independ- 
 ent nations, but it is also used to signify 
 the union of different states of the same na- 
 tion, as, the confederacy of the states. 
 
 CONFEDERATION. The name given to 
 that form of government which the Ameri- 
 can colonies during the Revolution devised 
 for their mutual safety and government. 
 
 CONFERENCE. 
 
 ^^In French Law. A similarity between 
 two laws or two systems of laws. 
 
 In International Law. Verbal explana- 
 tions between the representatives of at least 
 two nations, for the purpose of accelerating 
 matters by avoiding the delays and other 
 difficulties necessarily attending written 
 communications. 
 
 In Legislation. Mutual consultations 
 
 by two committees appointed, one by each 
 house of a legislature, in cases where the 
 houses cannot agree in their action. 
 
 CONFESSIO FACTA IN JUDICIO OMNI 
 probatione major est. A confession made in 
 court is of greater effect than any proof. 
 Jenk. Cent. Cas. 102. 
 
 CONFESSION. In criminal law. The vol- 
 untary declaration, made by a person who 
 has committed a crime or misdemeanor, to 
 another, of the agency or participation 
 which he had in the same. 
 
 An admission or acknowledgment by a 
 prisoner, when arraigned for an offense, 
 that he committed the crime with which he 
 is charged. 
 
 A confession is an admission of the crim- 
 inal act, and is to be distinguished from 
 "admissions" or "declarations" by the de- 
 fendant of facts from which guilt may be 
 inferred. 53 Iowa, 69; 17 111. 427. 
 
 Judicial confessions are those made be- 
 fore a magistrate or in court in the due 
 course of legal proceedings. 
 
 Extrajudicial confessions are those made 
 by the party elsewhere than before a magis- 
 trate or in open court. 1 Greenl. Ev. § 216. 
 
 The term "confession" is limited to the 
 criminal act, and does not include state- 
 ments, declarations, or admissions of facts 
 
 incriminating in their nature or tending to 
 prove guilt. 208 111. 607. 
 
 CONFESSION AND AVOIDANCE. In 
 
 pleading. The admission in a pleading of 
 the truth of the facts as stated in the plead- 
 ing to which it is an answer, and the allega- 
 tion of new and related matter of fact which 
 destroys the legal effect of the facts so ad- 
 mitted. The plea and any of the subse- 
 quent pleadings may be by way of confes- 
 sion and avoidance, or, which is the same 
 thing, "in" confession and avoidance. Plead- 
 ings in confession and avoidance must give 
 color. See "Color"; 1 East, 212. They must 
 admit the material facts of the opponent's 
 pleading, either expressly in terms (Dyer, 
 171b) , or in effect. They must conclude with 
 a verification. 1 Saund. 103, note. For 
 the form of statement, see Steph. PL 72, 79. 
 _ Pleas in confession and avoidance are 
 either in justification and excuse, which go 
 to show that the plaintiff never had any 
 right of action, as, for example, son assault 
 demesne, or in discharge, which go to show 
 that his right has been released by some 
 matter subsequent. 
 
 CONFESSOR. A priest of some Christian 
 sect, who receives an account of the sins of 
 his people, and undertakes to give them ab- 
 solution of their sins. The common law 
 does not recognize any such relation, at 
 least so as to exempt or prevent the con- 
 fessor from disclosing such communications 
 as are made to him in this capacity, when 
 he is called upon as a witness in a court of 
 justice. 
 
 CONFESSORIA ACTIO. See "Actio Con- 
 fessoria." 
 
 CONFESSUS IN JUDICIO PRO JUDI- 
 cato habetur et quodammodo sua sententia 
 damnatur. A person who 'has confessed in 
 court is deemed as having had judgment 
 passed upon him, and, in a manner, is con- 
 demned by his own sentence. 11 Coke, 30. 
 See Dig. 42, 2. 1, 
 
 CONFIDENCE GAME. A method of 
 swindling. 265 111. 283. 
 
 Any swindling operation in which advant- 
 age is taken of the confidence reposed by 
 the victim in the swindler. 261 111. 322. 
 
 CONFIDENTIAL COMMUNICATIONS. 
 
 Those statements with regard to any trans- 
 action made by one person to another during 
 the continuance of some relation between 
 them which calls for or warrants such com- 
 munications. 
 
 At law, certain classes of such communi- 
 cations are held not to be proper subjects of 
 inquiry in courts of justice, and the persons 
 receiving them are excluded from disclosing 
 them when called upon as witnesses, upon 
 grounds of public policy; as communica- 
 tions between husband and wife, between at- 
 torney and client, or between priest and pen- 
 itent. 
 
CONFIRM 
 
 208 
 
 CONFITENS REUS 
 
 CONFIRM. To make firm, or more firm; 
 to give more strength to. The word is held 
 not to impart a warranty in a conveyance 
 of real estate. 
 
 Used in a conveyance of real estate "con- 
 firm" does not impart a warranty. 9 N. Y. 
 541. 
 
 To make sure or certain; to give added 
 assurance of truth to; to verify. 
 
 The word "confirm" sometimes means 
 merely "verify": it is commonly used in 
 that sfense at the meetings of public bodies, 
 who confirm the minutes of their last meet- 
 ing, not meaning thereby that they give 
 them force, but merely that they declare 
 them accurate (Lord Campbell, C. J., Reg. 
 V. York [1853], 1 E. & B. 504). 
 
 To make valid or binding by some for- 
 mal act; to consummate; to ratify. 
 
 "You can only 'confirm' that which has 
 been already 'entertained' or 'accepted' for 
 you." (Lord Esher, M. R., Ex parte Kears- 
 ley, 18 Q. B. D. 173). 
 
 CONFIRMARE EST ID QUOD PRIUS IN- 
 flrmum fuit simul firmare. To confirm is to 
 make firm what was before infirm. Co. Litt. 
 295. 
 
 CONFIRMARE NEMO POTEST PRIUS 
 quam jus el accident. No one can confirm 
 before the right accrues to him. 10 Coke, 
 48. 
 
 CONFIRMAT USUM QUI TOLLIT ABUS- 
 
 um. He confirms a use who removes an 
 abuse. F. Moore, 764. 
 
 CONFIRMATIO (Lat. confirmare). The 
 conveyance of an estate, or the communica- 
 tion of a right that one hath in or unto 
 lands or tenements, to another that hath the 
 possession thereof, or some other estate 
 therein, .whereby a voidable estate is made 
 sure and unavoidable, or whereby a parti- 
 cular estate is increased or enlarged. Shep. 
 Touch. 311; 2 Bl. Comm. 325. 
 
 Confvrmatio crescens tends and serves to 
 increase or enlarge a rightful estate, and 
 so to pass an interest. 
 
 Confirmatio diminuens tends or serves to 
 diminish and abridge the services whereby 
 the tenant holds. 
 
 Confirmatio perficiens tends and serves to 
 confirm and make good a wrongful and de- 
 feasible estate, by adding the right to the 
 possession' or defeasible seisin, or to make 
 a conditional estate absolute, by discharg- 
 ing tiie condition. 
 
 CONFIRMATIO CHARTARUM (Lat. con- 
 firmation of the charters) . A statute passed 
 in 25 Edw. I., whereby the Great Charter is 
 declared to be allowed as the common law; 
 all judgments contrary to it are declared 
 void; copies of it are ordered to be sent to 
 all cathedral churches, and read twice a year 
 to the people; and sentence of excommuni- 
 cation is directed to be as constantjiy de- 
 nounced against all those that, by word or 
 deed or counsel, act contrary thereto, or m 
 any degree infringe it. 1 Bl. Comm. iza. 
 
 CONFIRMATIO EST NULLA, UBI DON- 
 um praecedens est Invalidum. A confirma- 
 tion is null where the preceding gift is in- 
 valid. Co. Litt. 295; F. Moore, 764. 
 
 CONFIRMATIO OMNES SUPPLET DE- 
 fectus, licet id quod actum est ab initio non 
 vaiuit. Confirmation supplies all defects, 
 though that which has been done was not 
 valid at the beginning. Co. Litt. 295b. 
 
 CONFIRMATIO PERFICIENS (Law Lat.) 
 In old English law. A perfecting confirma- 
 tion; a confirmation which tends and serves 
 to confirm and make good a wrongful and 
 defeasible estate, by adding the right to the 
 possession, or defeasible seisin, or to make a 
 conditional estate absolute, by discharging 
 the condition. Shep. Touch, (by Preston) 
 311. 
 
 CONFIRMATION. A contract by which 
 that which was voidable is made firm and 
 unavoidable. 
 
 A conveyance, whereby a voidable estate 
 previously granted is made firm. 
 
 Ratification of an official act by a person 
 or body having a supervisory jurisdiction; 
 as confirmation of a referee's report by the 
 court; confirmation of a sheriff's sale; con- 
 firmation by the legislative body of an ap- 
 pointment by the executive. 
 
 In Ecclesiastical Law. Ratification 
 
 by the archbishop of the election of a bishop 
 by the dean and chapter. Wharton. 
 
 CONFIRMAVI (Lat.) I have confirmed. 
 Used in ancient deeds of confirmation. 
 
 CONFIRMEE. He to whom a confirma- 
 tion is made. 
 
 CON FIR MO R. He who makes a confirma- 
 tion to another. 
 
 CONFISCARE. To confiscate. 
 
 CONFISCATE. To appropriate to the use 
 of the state. Especially used of the goods 
 and property of alien enemies found in a 
 state in time of war. 1 Kent, Comm. 52 et 
 seq. Bona confiscata and forisfacta are said 
 to be the same (1_B1. Comm. 299), and the 
 result to the individual is the same whether 
 the property be forfeited or confiscated; but, 
 as distinguished, an individual forfeits/ a 
 state confiscates, goods or other property. 
 Used also as an adjective, — forfeited. 1 BL 
 Comm. 299. 
 
 Confiscation is to be distinguished from a 
 proceeding in prize. "Confiscation is the act 
 of the sovereign against a rebellious sub- 
 ject; condemnation as prize is the act of a 
 belligerent against another belligerent." 14 
 Ct. CI. Rep. 48. 
 
 CONFISK. An old form of confiscate. 
 Finch, Law, bk. 3, c. 17. 
 
 CONFITENS REUS. An accused person 
 who admits his guilt. 
 
CONFLICT OF LAWS 
 
 209 
 
 CONGIUS 
 
 CONFLICT OF LAWS. A contrariety or 
 opposition in the laws of states in those 
 cases where, from their relations to each 
 other, or to the subject-matter in dispute, 
 the rights of the parties are liable to be 
 affected by the laws of both jurisdictions. 
 
 An opposition or inconsistency of domes- 
 tic laws upon the same subject. 
 
 As a term of art, it also includes the de- 
 ciding which law is in such cases to have 
 superiority. It also includes many cases 
 where there is no opposition between two 
 systems of law, but where the question is 
 how much force may be allowed to a foreign 
 law with reference to which an act has been 
 done, either directly or by legal implication, 
 in the absence of any domestic law exclu- 
 sively applicable to the case. 
 
 CONFLICT OF PRESUMPTIONS. In this 
 conflict, certain rules are applicable, viz.: 
 (1) Special take precedence of general pre- 
 sumptions; (2) constant of casual ones ; (3) 
 presume in favor of innocence; (4) of legal- 
 ity; (5) of validity; and, when these rules 
 fail, the matter is said to be "at large." 
 Brown. 
 
 CONFORMITY. In English ecclesiastical 
 law. Adherence to the doctrines and usages 
 of the Church of England. 
 
 CONFORMITY, BILL OF. See "Bill of 
 Conformity." 
 
 CONFRAIRIE (Fr.) A fraternity, brother- 
 hood, or society. Cowell. 
 
 CONFRONTATION. In practice. The act 
 by which a witness is brought into the pres- 
 ence of the accused, so that the latter may 
 object to him, if he can, and the former may 
 know and identify the accused, and main- 
 tain the truth in his presence. No man can 
 be a witness unless confronted with the ac- 
 cused, except by consent. 
 
 CONFUSIO (Lat. confundere) . In civil 
 law. A pouring together of liquids; a melt- 
 ing of metals; a blending together of an 
 inseparable compound. 
 
 It is distinguished from commixtis by the 
 fact that in the latter case a separation may 
 be made, while in a case of confusio there 
 cannot be. Bowyer, Comm. 88; 2 Bl. Comm. 
 405. 
 
 CONFUSION. 
 
 In Common Law. The intermixture 
 
 of the goods of two persons, so that the sev- 
 eral portions can be no longer distinguished. 
 2 Bl, Comm. 405. The term, and, in a great 
 degree, the doctrine, are borrowed from the 
 confusio of the civil law. The meaning of 
 the former, however, has been so far modi- 
 fied as to include not only the intermixture 
 or interfusion of liquids and metals (the 
 confusio proper of the civil law), but also 
 that of dry articles (properly expressed in 
 the same law by the term commixtio) . The 
 doctrines, also, of the two systems so far 
 differ that, while the civil law allows a party 
 who wilfully intermixes his property with 
 
 that of another, without his approbation or 
 consent, a satisfaction for what he has so 
 improvidently lost, the common law allows 
 him nothing, but gives the entire property 
 to the other party. 2 Bl. Comm. 405; Inst. 
 2. 1. 28; 2 Steph. Comm. 85; 2 Kent, Comm. 
 364; U. S. Dig. It is the admixture of 
 goods of the same kind, as distinguished 
 from "accession," which is the union of ma- 
 terials of different kinds. 
 
 In Civil Law. The blending or union 
 
 of the characters of debtor and creditor in 
 the same person; the union of the obligation 
 of the debtor with the right of the creditor, 
 which dissolves or extinguishes the former. 
 Heinec. Elem. Jur. Civ. bk. 3, tit. 30, § 1006; 
 Ersk. Inst. lib. e, tit. 4, § 23. Thus, where 
 a woman obligee marries the obligor, the 
 debt is extinguished. 1 Salk. 306. 
 
 CONFUSION OF RIGHTS. A union of 
 the qualities of debtor and creditor in the 
 same person. The effect of such a union is 
 generally to extinguish the debt. 1 Salk. 
 306; Cro. Car. 551; 1 Ld. Raym. 515. See 
 5 Term R. 381; Comyn, Dig. "Baron et 
 Feme" (D). 
 
 CONQE. In French law. A clearance; a 
 species of passport or permission to navi- 
 gate. 
 
 CONGE D'ACCORDER (Fr. leave to ac- 
 cord). A phrase used in the process of 
 levying a fine. Upon the delivery of the 
 original writ, one of the parties immediately 
 asked for a conge d'accorder, or leave to 
 agree vdth the plaintiff. Termes de la Ley; 
 Cowell. See "Licentia Concordandi" ; 2 Bl. 
 Comm. 350. 
 
 CONGE D'EMPARLER (Fr. leave to im- 
 parl). The privilege of an imparlance 
 (licentia loquendi). 3 Sharswood, Bl. Comm. 
 299. 
 
 CONGE D'ESLIRE (Fr.) The king's per- 
 mission royal to a dean and chapter in time 
 of vacation to choose a bishop, or to an 
 abbey or priory of his own foundation to 
 choose the abbot or prior. 
 
 Originally, the king had free appointment 
 of all ecclesiastical dignities whensoever 
 they chanced to be void. Afterwards he 
 made the election over to others, under cer- 
 tain forms and conditions, as, that at every 
 vacation they should ask of the king conge 
 d'eslire. Cowell; Termes de la Ley; 1 Bl. 
 Comm. 379, 382. 
 
 CONGEABLE (Fr. conge, permission, 
 leave). Lawful, or lawfully done, or done 
 with permission; as, entry congeable, and 
 the like. Litt. § 279. 
 
 CONGILDONES. In Saxon law. Fellow 
 members of a guild. Spelman, voc. "Gel- 
 dum." 
 
 CONGIUS. An ancient measure containing 
 about a gallon and a pint. Cowell; Blount. 
 
CONGREGATION 
 
 210 
 
 CONNOISSEMENT 
 
 CONGREGATION. A society of a number 
 of persons who compose an ecclesiastical 
 body. 
 
 ■ In the ecclesiastical law, this term is used 
 to designate certain bureaus at Rome, where 
 ecclesiastical matters are attended to. 
 
 In the United States, by congregation is 
 meant the members of a particular church 
 who meet in one place to worship. See 2 
 Russ. 120. 
 
 It is a broader term than "communi- 
 cants," including all who habitually meet 
 together for worship. 11 N. Y. 243. 
 
 CONGRESS. An assembly of deputies con- 
 vened from different governments to treat 
 of peace or of other international affairs. 
 
 The name of the legislative body of the 
 United States, composed of the senate and 
 house of representatives. U. S. Const, art. 
 1, § 1. 
 
 CONJECTIO. In the civil law of evidence. 
 A throwing together; presumption; the put- 
 ting of things together, with the inference 
 drawn therefrom. Matt. Pr. c. 1, note 43. 
 
 CONJECTIO CAUSAE. In civil law. A 
 statement of the case; a brief synopsis of 
 the case given by the advocate to the judge 
 in opening the trial. Calv. Lex. 
 
 CONJECTURE. A slight degree of cre- 
 dence, arising from evidence too weak or 
 too remote to cause belief. 1 Mascardus de 
 Prob. quaest. 14, note 14. 
 
 An idea or notion founded on a probabil- 
 ity, without any demonstration of its truth. 
 
 CONJOINTS. Persons married to each 
 other. Story, Confl. Laws, § 71. Wolff. Dr. 
 Nat. § 858. 
 
 CONJUGAL RIGHTS. Rights arising from 
 the relation of husband and wife. 
 
 In England, a writ lies for restitution to 
 conjugal rights in case of intentional de- 
 sertion, including, perhaps, a refusal to con- 
 summate marriage, under some circum- 
 stances, but this remedy has never been 
 adopted in the United States. Bish. MarJ 
 & Div. § 503 et seq.; 3 Bl. Comm. 94. 
 
 CONJUGIUM. One of the names of mar- 
 riage, among the Romans. Tayl. Civ. Law, 
 284. 
 
 CONJUNCT. In Scotch law. Joint, as 
 applied to rights. Ersk. Inst. bk. 3, tit. 8, 
 § 34; Bell, Diet. 
 
 Connected, as applied to persons. Bell, 
 Diet. 
 
 CONJUNCTA. In civlllaw. Things joined 
 together or united; as distinguished from 
 disjuncta; things disjoined or separated. 
 Dig. 50. 16. 53. 
 
 CONJUNCTIM (Lat.) In old English law. 
 Jointly. Inst. 2. 20. 8; Bracton, fol. 19. 
 
 CONJUNCTIM ET DIVISIM (Law Lat.) 
 In Old English Law. Jointly and sev- 
 erally. Bracton, fol. 19. 
 
 In the Civil Law. ConjuTieUm et dia- 
 
 junctim and conjunetvm et eeparatim were 
 used. 
 
 CONJUNCTIO. In civil law. Conjuno- 
 tion; connection of words in a sentence. See 
 Dig. 50. 16. 29. 142. 
 
 CONJUNCTIO MARITI ET FEMINAE 
 est de jure naturae. The union of a man 
 and a woman is of the law of nature. 
 
 CONJUNCTIVE. Connecting in a manner 
 denoting union. 
 
 CONJURATIO. 
 
 In Old English Law. A swearing to- 
 gether; an. oath administered to several to- 
 gether; a combination or confederacy under 
 oath. Cowell; Blount; Tomlin. 
 
 In Old European Law. A compact of 
 
 the inhabitants of a commune, or munici- 
 pality, confirmed by their oaths to each 
 other, and which was the basis of the com- 
 mune. Steph. Lect. 119. ' 
 
 CONJURATION (Lat. a swearing 'to- 
 gether). A plot, bargain, or compact, made 
 by a number of persons under oath, to do 
 some public harm. 
 
 Personal conference with the devil or 
 some evil spirit, to know any secret or effect 
 any purpose. 
 
 CONJURATOR. In old English law. One 
 who swears or is sworn with others; one 
 bound by oath with others; a compurgator; 
 a conspirator. Britt. 27, 120; Fleta, lib. 2, 
 c. 47, § 6. 
 
 CONNIVANCE. An agreement or con- 
 sent, indirectly given, that something unlaw- 
 ful shall be done by another. 
 
 A married party's corrupt consenting to 
 evil conduct, of which afterwards he com- 
 plains. 2 Bish. Mar. & Div. § 203. 
 
 Connivance differs from condonation, 
 though the same legal consequences may at- 
 tend it. Connivance necessarily involves 
 criminality on the part of the individual who 
 connives; condonation may take place with- 
 out imputing the slightest blame to the 
 party who forgives the injury. Connivance 
 must be the act of the ioimd before the of- 
 fense has been committed; condonation is 
 the result of a determination to forgive an 
 injury which was not knovni until after it 
 was inflicted. 3 Hagg. Ecc. 350. 
 
 An error of judgment not involving a will- 
 ingness to have the delinquency committed 
 is not connivance. 10 Jur. 829. Nor is a 
 watching of the guilty parties, without in- 
 terference. 109 Mass. 408. 
 
 CONNOISSEMENT. In French law. An 
 instrument, signed by the master of a ship 
 or his agent, containing a description of the 
 goods, loaded on a ship, the persons who 
 have sent them, the persons to whom they 
 were sent, and the undertaking to trans- 
 port them. A bill of lading. Guyot, Rep. 
 Univ.; Ord. de la Mar. lib. 3, tit. 2, art. 1. 
 
CONNltBIUM 
 
 211 
 
 CONSCIENCE 
 
 CONNUBIUM (Lat.) A lawful marriage. 
 
 CONOCIAMENTO. In Spanish law. A 
 recognizance. White, New Recop. bk. 3, tit. 
 7, c. 5, § 3. 
 
 CONOCIMIENTO. In Spanish law. A bill 
 of lading. In the Mediterranean ports it is 
 called poliza de cargamiento. For the requi- 
 sites of this instrument, see Code Comm. 
 Spain, arts. 799-811. 
 
 CdNPOSSESSIO. In modern civil law. 
 A joint possession. Mackeld. Civ. Law, 
 § 245. 
 
 CONQUEREUR. In Norman and old lEng- 
 lish law. The first purchaser of an estate; 
 he who first brought an estate into his fam- 
 ily. 2 Bl. Comm. 243. 
 
 CONQUEROR. In old English and Scotch 
 law. Same as "conquereur." 
 
 CONQUEST (Lat. conquiro, to seek for), 
 
 In Feudal Law. Purchase; any means 
 
 of obtaining an estate out of the usual 
 course of inheritance. 
 
 The estate itself so acquired. 
 
 According to Blackstone and Sir Henry 
 Spelman, the word in its original meaning 
 was entirely dissociated from any connec- 
 tion with the modern idea of military sub- 
 jugation, but was used solely in the sense 
 of purchase. 
 
 In International Law. The acquisition 
 
 of the sovereignty of a country by force of 
 arms, exercised by an independent power 
 which reduces the vanquished to the sub- 
 mission of its empire. 
 
 CONQUETS. In French law. The name 
 given to every acquisition which the hus- 
 band and wife, jointly or severally, make 
 during the conjugal community. Thus, what- 
 ever is acquired by the husband and wife, 
 either by his or her industry or good for- 
 tune, inures to the extent of one-half for 
 the benefit of the other. Merlin, Repert; 
 Merlin, Quest. In Louisiana, these gains 
 are called aquets. Civ. Code La. art. 2369. 
 The conquets by a former marriage may not 
 be settled on a second wife to prejudice the 
 heirs. 2 Low. (U. S.) 175. 
 
 C0NQUI8ITI0. In feudal and old Eng- 
 lish law. Acquisition. Spelman, voc. "Con- 
 questus"; 2 Bl. Comm. 242. 
 
 CONQUISITOR. In feudal law. A pur- 
 chaser, acquirer, or conqueror. 2 Bl. Comm. 
 242, 243. 
 
 CONSANGUINEOUS FRATER. A brother 
 who has the same father. 2 Bl. Comm. 231. 
 
 CONSANGUINEUS. One within the de- 
 grees of consanguinity. 
 
 CONSANGUINEUS EST QUASI EODEM 
 sanguine natus. A person related by con- 
 sanguinity is, as it were, sprung from the 
 same blood. Co. Litt. 157. 
 
 CONSANGUINITY (Lat. eonsanguis, blood 
 together). The relation subsisting among 
 all the different persons descending from 
 the same stock or common ancestor. 
 
 Collateral Consanguinity. The rela- 
 tion subsisting among persons who descend 
 from the same common ancestor, but not 
 one from the other. It is essential, to con- 
 stitute this relation, that they spring from 
 the same common root or stock, but in dif- 
 ferent branches. 
 
 The mode of computing degrees of collat- 
 eral consanguinity at the common and by 
 th^ canon law is to discover the common 
 ancestor, to begin with him to reckon down- 
 wards, and the degree the two persons, or 
 the more remote of them, is distant from 
 the ancestor, is the degree of kindred sub- 
 sisting between them. For instance, two 
 brothers are related to each other in the 
 first degree, because from the father to each 
 of them is one degree. An uncle and a 
 nephew are related to each other in the sec- 
 ond degree, because the nephew is two de- 
 grees distant from the common ancestor; 
 and the rule of computation is extended to 
 the remotest degrees of collateral relation- 
 ship. 
 
 The method of computing by the civil law 
 is to begin at either of the persons in ques- 
 tion, and count up to the common ancestor, 
 and then downwards to the other person, 
 calling it a degree for each person, both as- 
 cending and descending, and the degrees 
 they stand from each other is the degree in 
 which they stand related. Thus, from a 
 nephew to his father is one degree; to the 
 grandfather, two degrees; and then to the 
 uncle, three; which points out the relation- 
 ship. 
 
 The mode of the civil law is preferable 
 for it points out the actual degree of kin- 
 dred in all cases. By the mode adopted by 
 the common law, different relations may 
 stand in the same degree. The uncle and 
 nephew stand related in the second degree 
 by the common law, and so are two first 
 cousins, or two sons of two brothers; but 
 by the civil law the uncle and nephew are 
 in the third degree, and the cousins are in 
 the fourth. The mode of computation, how- 
 ever, is immaterial, for both will establish 
 the same person to be the heir. 2 Bl. Comm. 
 202. See "Descent"; "Line." 
 
 Lineal Consanguinity. That relation 
 
 which exists among persons where one is 
 descended from the other, as between the 
 son and the father, or the grandfather, and 
 sc upwards in a direct ascending line, and 
 between the father and the son, or the 
 grandson, and so downwards in a direct 
 descending line. 
 
 In computing the degree of lineal con- 
 sanguinity existing between two persons, 
 every generation in the direct course of 
 relationship between the two parties makes 
 a degree, and the rule is the same by the 
 canon, civil, and common law. 
 
 CONSCIENCE. Internal or self knowl- 
 edge or judgment of right or wrong. It is 
 
CONSCIENCE, COURTS OF 
 
 212 
 
 CONSENTIENTES BT AGENTES 
 
 not identical with "principle.'' An "objec- 
 tion on principle" to the death penalty is 
 not the same as a conscientious scruple. 7 
 Cal. 140. 
 
 CONSCIENCE, COURTS OF. Courts, not 
 of record, constituted by act of parliament 
 in the city of London, and other towns, for 
 the recovery of small debts; otherwise and 
 more commonly Called "Courts of Requests." 
 3 Steph. Comm. 451. 
 
 CONSCIENTIA DICITUR A CON ET 
 scio, quasi scire cum Deo. Conscience is 
 called from con and sdo, to know, as it 
 were, with God. 1 Coke, 100. 
 
 CONSECRATIO EST PERIODUS ELEC- 
 tionis; electio est praeambula consecra- 
 tion is. Consecration is the termination ot 
 election; election is the preamble of conse- 
 cration. 2 RoUe, Abr. 102. 
 
 CONSEIL DE FAIVIILLE. A council of 
 the family. In French law, certain acts 
 require the sanction of this body. For ex- 
 ample, a ^ardian can neither accept nor 
 reject an inheritance to which the minor has 
 succeeded without his authority (Code Nap. 
 461) ; nor can he accept for the child a gift 
 intsr vivos without the like authority (Id. 
 463) . So, also, in bringing or compromising 
 a suit on behalf of the child, or generally in 
 compounding claims, and in numerous per- 
 sonal relations, e. g., consent to marriages of 
 orphans, the authority of this body is neces- 
 sary. 
 
 CONSEIL JUDICIAIRE. In French law. 
 When a person has been subjected to an in- 
 terdiction on the ground of his insane 
 extravagance, but the interdiction is not 
 absolute, but limited only, the court of first 
 instance, which grants the interdiction, ap- 
 points a counsel, called by this Qame, with 
 whose assistance the party may bring or de- 
 fend actions, or compromise the same, alien- 
 ate his estate, make or incur loans, and the 
 like. Brown. 
 
 CONSENSUAL CONTRACT. In civil law. 
 A contract completed by the consent of the 
 parties merely, without any further act. 
 
 The contract of sale, among the civilians, 
 is an example of a consensual contract, be- 
 cause the moment there is an agreement be- 
 tween the seller and the buyer as to the 
 thing and the price, the vendor and the pur- 
 chaser have reciprocal actions. On the con- 
 trary, on a loan, there is no action by the 
 lender or borrower, although there may have 
 been consent, until the thing is delivered, or 
 the money counted. Poth. Obi. pt. 1, c. 1, 
 § 1, art. 2; 1 Bell, Comm. (5th Ed.) 435. 
 
 CONSENSUS EST VOLUNTAS PLU- 
 rlum ad quos res pertinet, simul juncta. 
 
 Consent is the conjoint vrill of several per- 
 sons to whom the thing belongs. Lofft, 514. 
 
 CONSENSUS FACIT LEGEM. Consent 
 makes the law. A contract is law between 
 
 the parties having received their consent. 
 Branch, Princ. 
 
 CONSENSUS, NON CONCUBITUS, FACIT 
 inatrlmonium. Consent, not coition, consti- 
 tutes marriage. Co. Litt. 33a; Dig. 50. 17. 
 30. See 10 Clark & F. 534; 1 Bouv. Inst. 
 103; Broom, Leg. Max. (3d London Ed.) 
 129. 
 
 CONSENSUS, NON CONCUBITUS, FA- 
 cit nuptias vel matrimonium, et consentire 
 non possunt ante annos nublles. Consent, 
 and not cohabitation, constitutes nuptials or 
 marriage, and persons cannot consent before 
 marriageable years. 6 Coke, 22 ; 1 Bl. Comm. 
 434. 
 
 CONSENSUS TOLLIT ERROREIVI. Con- 
 sent removes or obviates a mistake. Co. 
 Litt. 126; Coke, 2d Inst. 123; Broom, Leg. 
 Max. (3d London Ed.) 129; 1 Bing. N. C. 
 68; 6 EL & Bl. 338; 7 Johns. (N. Y.) 611. 
 
 CONSENSUS VOLUNTAS MULTORUM 
 ad quos res pertinet, simul juncta. Consent 
 is the united will of several interested in 
 one subject-matter. Dav. 48; Branch, Princ. 
 
 CONSENT (Lat. con, with, together, sen- 
 tire, to feel). A concurrence of wills. 
 
 Express consent is that directly given, 
 either viva voce or in writing. 
 _ Implied consent is that manifested by 
 signs, actions, or facts, or by inaction or si- 
 lence, which raise a presumption that the 
 consent has been given. 
 
 Consent supposes a physical power to act, 
 a moral power of acting, and a serious, de- 
 termined, and free use of these powers. 
 Fonbl. Eq. bk. 1, c. 2, §1. See "Agree, 
 ment"; "Contract." 
 
 CONSENT DECREE. A decree based up- 
 on the consent or agreement of the parties, 
 which may supersede both pleading and evi- 
 dence and even go to the length of pointing 
 out and limiting the relief to be granted. 
 253 111. 491. 
 
 "A consent degree is not, in a strict legal 
 sense 'a judicial sentence,' but it is in the 
 nature of a solemn contract and which can- 
 not be amended or in any way varied, with- 
 out the like consent, or reheard in the court 
 that rendered it, appealed from, or reversed ■ 
 upon a writ of error or bill for review." 120 
 111. App. 645; 174 111. 154. 
 
 CONSENT RULE. AJi eptry of record by 
 the defendant, confessing the lease, entry, 
 and ouster by the plaintiff, in an action of 
 ejectment. This was, until recently, used in 
 England and in those of the United States 
 in which the action of ejectment is still re- 
 tained as a means of acquiring possession 
 of land. 
 
 CONSENTIENTES ET AGENTES PARI 
 poena plectentur. Those consenting and 
 those perpetrating shall receive the same 
 punishment. 5 Coke, 80. 
 
CONSENTIRE MATRIMONIO 
 
 213 
 
 CONSIDERATION 
 
 CONSENTIRE MATRIMONIO NON POS- 
 sunt infra annos nublles. Persons cannot 
 consent to marriage before marriageable 
 years. 5 Coke, 80; 6 Coke, 22. 
 
 CONSEQUENCE. That which follows 
 something on which it depends; that which 
 is produced by a cause; connection of cause 
 and effect; that .which follows from, or 
 grows out of any act, cause or series of 
 actions; an event or effect produced by some 
 preceding influence, action, act or cause. 162 
 111. App. 113. 
 
 CONSEQUENTIAE NON EST CONSE- 
 
 quentia. A consequence ought not to be 
 drawn from another consequence. Bac. 
 Aph. 16. 
 
 CONSEQUENTIAL CONTEMPT. Con- 
 tempts which without gross insolence or di- 
 rect opposition plainly tend to create a uni- 
 versal disregard of the authority of the 
 courts. 72 111. App. 176. 
 
 CONSEQUENTIAL DAMAGES. Those 
 damages or those losses which arise not 
 from the immediate act of the party, but in 
 consequence of such act. Those produced 
 naturally, but not directly. 
 
 CONSERVATOR (Lat. eonservare, to pre- 
 serve). A preserver; one whose business it 
 is to attend to the enforcement of certain 
 statutes. 
 
 A delegated umpire or standing arbitra- 
 tor, chosen to compose and adjust difficulties 
 arising between two parties. Cowell. 
 
 A guardian. So used in Connecticut. 3 
 Day (Conn.) 472; 5 Conn. 280; 3 Conn. 
 228; 12 Conn. 376. 
 
 CONSERVATOR OF THE PEACE. He 
 
 who hath an especial charge, by virtue of 
 his of&ce, to see that the king's peace be 
 kept. 
 
 Before the reign of Edward III., who cre- 
 ated justices of the peace, there were sun- 
 dry person? interested to keep the peace, of 
 whom there were two classes; one of which 
 had the power annexed to the office which 
 they held; the other had it merely by itself, 
 and were hence called "wardens" or "con- 
 servators of the peace." Lambard, Eiren. 
 lib. 1, c. 3. This latter sort are superseded 
 by the modern justices of the peace. 1 Bl. 
 Comm. 349. 
 
 The judges and other similar officers of 
 the various states, and also of the United 
 States, are conservators of the public peace, 
 being entitled "to hold to the security of the 
 peace and during good behavior." 1 Shars- 
 wood, Bl. Comm. 349. 
 
 CONSERVATOR TRUCIS (Lat.) An of- 
 ficer whose duty it was to inquire into all 
 offenses against the king's truces and safe- 
 conducts upon the main seas out of the lib- 
 erties of the Cinque Ports. 
 
 Under St. 2 Hen. V. st. 1, c, 6, such of- 
 fenses are declared to be treason, and such 
 officers are appointed in every port, to hear 
 
 and determine such cases, "according to the 
 ancient maritime law then practised in the 
 admiral's court, as may arise upon the high 
 seas, and with two associates to determine 
 those arising upon land." 4 Bl. Comm. 69, 
 70. 
 
 CONSERVATORS OF RIVERS. In Eng- 
 lish law. Commissioners who are, by act 
 of Parliament, given the control of a cer- 
 tain river. 
 
 CONSIDERATIO CURIAE. The consid- 
 eration of the court; that is, the judgment 
 of the court implying consideration or study. 
 
 CONSIDERATION (Law Lat. comider- 
 atio). The material cause which moves a 
 contracting party to enter into a contract. 
 2 Bl. Comm. 443. 
 
 The price, motive, or matter of induce- 
 ment to a contract, — ^whether it be the com- 
 pensation which is paid, or the inconven- 
 ience which is suffered by the party from 
 whom it proceeds. A compensation or equiv- 
 alent. A cause or occasion meritorious, re- 
 quiring mutual recompense in deed or in 
 law. Viner, Abr. "Consideration" (A). 
 
 The quid pro quo, that which the party to 
 whom a promise is made does or agrees to 
 do in exchange therefor. 120 U. S. 197. 
 
 Mutuality of obligation, as to each party, 
 is the obligation imposed by the contract on 
 the other party. 
 
 As applied to contracts, "consideration" 
 and "obligation" are really convertible 
 terms, though frequently used as correla- 
 tives. The essence of every contract is its 
 mutuality, and, in necessary consequence, 
 the obligation of each party is the consid- 
 eration running to the other, while the en- 
 tire obligation of the contract is the mutual 
 considerations. 
 
 "The motive for entering into a contract, 
 and the consideration of the contract, are 
 not the saine. Nothing is consideration that 
 is not regarded as such by both parties. It 
 is the price voluntarily paid for the prom- 
 isor's undertaking. Expectation of results 
 will not constitute a consideration." Beach, 
 Cent, § 147. 
 
 Consideration is the very life and essence 
 of a contract, and a contract or promise for 
 which there is no consideration cannot be 
 enforced at law. Such a promise is called 
 a nudum pactum (ex nudo pacto non oritur 
 actio), or nude pact, because a gratuitous 
 promise to do or pay an3rthing on the one 
 side, without any compensation on the other, 
 could only be enforced, in the Roman law, 
 when mafle (or clothed) with proper words 
 or formalities, — pactum verbis prescriptis 
 vestitum. 7 Watts & S. (Pa.) 317; Plowd. 
 308; Smith, Lead. Cas. 456; Doctor & Stud. 
 2, c. 24; 3 Call (Va.) 439; 7 Conn. 57; 1 
 Stew. (Ala.) 51; 5 Mass. 301; 4 Johns. (N. 
 Y.) 235; 6 Yerg. (Tenn.) 418; Cooke 
 (Tenn.) 467; 6 Halst. (N. J.) 174; 4 Munf. 
 (Va.) 95; 11 Md. 281; 25 Miss. 66; 30 Me. 
 412. 
 
CONSIDERATUM PER CURIAM 
 
 214 
 
 CONSIGNOR 
 
 Considerations, according to their gen- 
 eral nature, are: 
 
 (1) Valuable, being one which confers 
 some benefit on the party at whose in- 
 stance it is made, or upon a third party, 
 at his request, or some detriment sustained 
 at the instance of the party promising by 
 the party to whom the promise is made. 
 
 (2) Good, being one of blood, natural af- 
 fection, or the like. Beach, Cont. § 148; 
 Chit. Cont. 7; Doctor & Stud. 179; 1 Selw. 
 N. P. 39, 40; 2 Pet. (U. S.) 182; 5 Cranch 
 (U. S.) 142, 150; 1 Litt. (Ky.) 183; 3 
 Johns. (N. Y.) 100; 14 Johns. (N. Y.) 466; 
 8 N. Y. 207; 6 Mass. 58; 2 Bibb (Ky.) 
 30; 2 J. J. Marsh. (Ky.) 222; 2 N. H. 97; 
 Wright (Ohio) 660; 5 Watts & S. (Pa.) 
 427; 13 Serg. & R. (Pa.) 29; 12 Ga. 52; 24 
 Miss. 9; 4 111. 33; 5 Humph. (Tenn.) 19; 4 
 Blackf. (Ind.) 388; 3 C. B. 321; 4 East, 55. 
 
 Valuable considerations are divided by the 
 civilians into four classes, which are given, 
 with literal translations : Do ut des, I give 
 that you may give, facio ut facias, I do 
 that you may do, fado ut des, I do that you 
 may give, do ut facias, I give that you 
 may do. 
 
 They are also: 
 
 (3) Executed or past, being those done or 
 received before the obligor made the prom- 
 ise. 
 
 (4) Executory, being those by which it is 
 undertaken to do something in the future. 
 95 U. S. 683; 6 Colo. 318. 
 
 They are also: 
 
 (5) Concurrent, being those which arise 
 at the same time, or where the promises are 
 simultaneous. 
 
 (6) Continuing, being those which are 
 executed only in part. 
 
 (7) Equitable, being moral considerations. 
 
 (8) Moral, being such as, though not 
 valuable, are of moral obligation, and are 
 sufScient to support an executed contract. 
 18 S. E. 421. 
 
 (9) Gratuitous, being those which are not 
 founded on such a deprivation or injury 
 to the promisee as to make the considera- 
 tion valid at law. 2 Mich. 381. 
 
 (10) Illegal, being agreements to do 
 things in contravention of the common or 
 of statute law. 
 
 (11) Impossible, being those which can- 
 not be performed. 
 
 Considerations have been further classi- 
 fied as "express" or "implied," accordingly 
 as they are stated in the contract, or left to 
 be inferred by law, but the distinction is 
 based rather on the manner of contracting 
 than on the nature of the consideration. See 
 "Contract." 
 
 CONSIDERATUM EST PER CURIAM 
 
 (Lat. it is considered by the court) . A for- 
 mula used in giving judgments. 
 
 A judgment is the decision or sentence 
 of the law, given by a court of justice, as 
 the result of proceedings, instituted therein 
 for the redress of an injury. The language 
 of the judgment is not, therefore, that "it 
 
 is decreed," or "resolved," by the court, but 
 that "it is considered by the court," consid- 
 eratum est per curiam, that the plaintiff re- 
 cover his debt, etc 3 Bouv. Inst, note 
 3298. 
 
 CONSIDERATUR (Law Lat. it Is consid- 
 ered). Held to mean the same with consid- 
 eratum est. 2 Strange, 874. 
 
 CONSIGN. To send goods to a factor or 
 agent. 
 
 To deposit with another to be sold, dis- 
 posed of or cared for, as merchandise or 
 movable property; to send goods to an agent, 
 commission merchant, correspondent or fac- 
 tor, to be sold, stored, etc. 82 111. App. 687. 
 
 In Civil Law. To deposit in the cus- 
 tody of a third person a thing belonging 
 to the debtor, for the benefit of the creditor, 
 under the authority of a court of justice. 
 Poth. Obi. pt. 3, c. 1, art. 8. 
 
 The term "to consign," or "consignation," 
 is derived from the Latin consignare, which 
 signifies to seal; for it was formerly the 
 practice to seal up the money thus re- 
 ceived in a bag or box. Aso & M. Inst, 
 bk. 2, tit. 11, c. 1, § 5. 
 
 Generally, the consignation is made with 
 a public officer. It is very similar to our 
 practice of paying money into court. 
 
 CONSIGNATIO. See "Consign." 
 
 CONSIGNATION. From coTisignare, to 
 seal up. 
 
 In Scotch Law. The payment of 
 
 money into the hands of a third party, when 
 the creditor refuses to accept of it. The per- 
 son to whom the money is given is tenned 
 the "consignatory." Bell, Diet. 
 
 In French Law. A deposit which a 
 
 debtor makes of the thing that he owes in- 
 to the hands of a third person, and under 
 the authority of a court of justice. 
 
 It is not properly a payment, but it is 
 equivalent to a payment, and extinguishes 
 the debt no less than if an actual pajonent 
 had been made. Code, 8. 43. 9; Poth. ObL 
 pt. 3, c. 1, art. S. 
 
 CONSIGNEE. One to whom a consign- 
 ment is made. 
 
 CONSIGNMENT. The goods or property 
 sent by means of a common carrier by one 
 or more persons, called the "consignors," in 
 one place, to one or more persons, called 
 the "consignees," who are in another. The 
 goods sent by one person to another, to be 
 sold or disposed of by the latter for and on 
 account of the former. The act of consign- 
 ing goods. 
 
 In French Law. "A deposit which the 
 
 debtor' makes of the thing that he owes in- 
 to the hands of a third piarson, and under 
 the authority of a court of justice." 1 Poth. 
 Obi. 376. 
 
 CONSIGNOR. One who makes a COB- 
 si^ment. 
 
CONSILIA MULTORUM 
 
 215 
 
 CONSORTIUM 
 
 CONSILIA MULTORUM REQUIRUNTUR 
 in magnls. The advice of many persons la 
 requisite in great affairs. Coke, 4th Inst. 1. 
 
 CONSILIARIUS (Lat. conailiare, to ad- 
 vise) . In the civil law. A counsellor, as dis- 
 tinguished from a pleader or advocate; an 
 assistant judge ; one who participates in the 
 decisions. Du Cange. 
 
 CONSILIUM, or DIES CONSILII. A day 
 
 appointed to hear the counsel of both par- 
 ties. A case set down for argument. 
 
 It is commonly used for the day appoint- 
 ed for the argument of a demurrer, or errors 
 assigned. 1 Tidd, Prac. 438; 2 Tidd, Prac. 
 684, 1122; 1 Sellon, Prac. 336; 2 Sellon, 
 Prac. 385; 1 Archb. Prac. 191, 246. 
 
 CONSIMILI CASU (Lat. in like case). 
 In practice. A writ of entry, framed under 
 the provisions of St. Westminster II. (13 
 Edw. I.) c. 24, which lay for the benefit 
 of the reversioner, where a tenant by the 
 curtesy aliened in fee or for life. 
 
 Many other new writs were framed under 
 the provisions of this statute, but this par- 
 ticular writ was known emphatically by the 
 title here defined. The writ is now prac- 
 tically obsolete. See "Case"; "Assumpsit"; 
 3 Sharswood, Bl. Comm. 51; 8 Bouv. Inst, 
 note 3482. 
 
 CONSISTORIUM. The state council of 
 the Roman emperors. Mackeld. Civ. Law, 
 § 58. 
 
 CONSISTORY. In ecclesiastical law. An 
 assembly of cardinals convoked by the pope. 
 
 The consistory is either public or secret. 
 It is public when the pope receives princes 
 or gives audience to ambassadors; secret 
 when he fills vacant sees, proceeds to the 
 canonization of saints, or judges and settles 
 certain contestations submitted to him. 
 
 CONSISTORY COURT. In English law. 
 The courts of diocesan bishops held in their 
 several cathedrals before the bishops' chan- 
 cellor, or commissary, who is the judge, for 
 the trial of all ecclesiastical causes arising 
 within their respective dioceses, and also 
 for granting probates and administrations. 
 From the sentence of these courts an ap- 
 peal lies to the archbishop of each province 
 respectively. 2 Steph. Comm. 230, 237; 3 
 Steph. Comm. 430, 431; 3 Bl. Comm. 641; 1 
 Wooddeson, Lect. 145; Halifax, Anal. bk. 3, 
 c. 10, note 12. 
 
 CONSOLATO DEL MARE. A code of sea 
 laws, compiled by order of the ancient kings 
 of Arragon. It comprised the ancient ordi- 
 nances of the Greek and Roman emperors, 
 and of the kings of France and Spain, and 
 the laws of the Mediterranean islands knd 
 of Venice and Genoa. See "Admiralty." It 
 was originally written in the dialect of Cata- 
 lonia, as its title indicates, and it has been 
 teanslated into every language of Europe. 
 This code has been reprinted in the second 
 volume of the Collection de Lois Maritimes 
 
 Anterieures au XVIII Siecle, par J. M. Par- 
 dessus, Paris, 1831, — ^a collection of sea laws 
 which is very complete. See, also, Riddu's 
 Hist. Mar. (Domm. 171; Marvin, Leg. Bibl. 
 
 CONSOLIDATED FUND. In England. 
 Usually abbreviated to consols. A fund for 
 the payment of the public debt. 
 
 CONSOLIDATED ORDERS. The orders 
 regulating the practice of the English court 
 of chancery, which were issued, in 1860, in 
 substitution for the various orders which 
 had previously been promulgated from time 
 to time. Some of the consolidated orders 
 have been abrogated by the judicature act, 
 but others are still in force. 
 
 CONSOLIDATION. 
 
 In Civil Law. The union of the usu- 
 fruct with the estate out of which it issues, 
 in the same person, which happens when the 
 usufructuary acquires the estate, or vice 
 versa. In either case the usufruct is ex- 
 tinct. Lee. Elm. 424. 
 
 It may take place in two ways: First, 
 by the usufructuary surrendering his right 
 to the proprietor, which in the common law 
 is called a "surrender"; secondly, by the 
 release by the proprietor of his rights to the 
 usufructuary, which in our law is called a 
 "release." 
 
 In Ecclesiastical Law. The union of 
 
 two or more benefices in one. Cowell. 
 
 in Practice. The union of two or more 
 
 pending actions in the same court between 
 the same parties, and involving the same 
 issues. 
 
 ——Of Corporations. The merger of the 
 franchises, rights, and effects of two or more 
 corporations into one, whether the single 
 corporation, known as the "consolidated 
 company," be a new one then created, or 
 one of the original companies continuing in 
 existence with only larger rights, capacities, 
 and property. 64 Ala. 656. 
 
 CONSOLIDATION RULE. In practice. 
 An order of the court requiring the plain- 
 tiff to join in one suit several causes of ac- 
 tion against the same defendant which may 
 be so joined consistently with the rules of 
 pleading, but upon which he has brought 
 distinct suits. 1 Dall. (Pa.) 147; 1 Yeates 
 (Pa.) 5; 4 Yeates (Pa.) 128; 8 Serg. & R. 
 (Pa.) 264; 2 Arch. Prac. 180. The matter 
 is regulated by statute in many of the 
 states. 
 
 CONSOLS. Funds formed by the consoli- 
 dation (of which word it is an abbrevia- 
 tion) of different annuities, which had been 
 severally formed into a capital. See "Con- 
 solidated Fund." 
 
 CONSORTIO MALORUM ME QUOQUE 
 malum facit. The company of wicked men 
 makes me also wicked. Moore, 817. 
 
 CONSORTIUM. Under the term "consor- 
 tium," as applied to the relations of husband 
 and wife, are included the person's affec- 
 tions, society and aid. 186 111. 639. 
 
CONSPIRACY 
 
 216 
 
 CONSTABLE OF EXCHEQUER 
 
 In Civil Law. A union of fortunes; 
 
 one of the names of lawful marriage among 
 the Romans. Tayl. Civ. Law, 284, 
 
 A union of several persons as parties in 
 one action. 1 Mackeld. Civ. Law, 197. 
 
 In Old English Law. Company; so- 
 ciety. It occurs in this last sense in the 
 phrase per quod consortium amisit, by which 
 he has lost the companionship, used when 
 the plaintiff declares for any bodily injury 
 done to his wife by a third person. 3 Bl. 
 Comm. 140. 
 
 In Pleading. The company or society 
 
 of a wife. 
 
 CONSPIRACY (Lat. con, together, spiro, 
 to breathe). In criminal law. A combina- 
 tion of two or more persons by some con- 
 certed action to accomplish some criminal 
 or unlawful purpose, or to accomplish some 
 
 Eurpose, not in itself criminal or unlawful, 
 y criminal or unlawful means. 2 Mass. 
 337, 538; 4 Mete. (Mass.) Ill; 4 Wend. (N. 
 Y.) 229; 15 N. H. 396; 5 Har. & J. (Md.) 
 317; 3 Serg. & R. (Pa.) 220; 12 Conn. 101; 
 11 Clark & F. 155; 4 Mich. 414. 
 
 CONSPIRATIONE. An ancient writ that 
 lay against conspirators. Reg. Orig. 134; 
 Fitzh. Nat. Brev. 114. 
 
 CONSPIRATORS. Persons guilty of a 
 conspiracy. 
 
 CONSTABLE. An ofilcer whose duty it 
 is to keep the peace in the district which is 
 assigned to bin). 
 
 The most satisfactory derivation of the 
 term and history of the origin of this of- 
 fice is that which deduces it from the 
 French comestable (Lat. comes-stabuli) , who 
 was an officer second only to the king. He 
 might take charge of the army, wherever it 
 was, if the Mng were not present, and had 
 the general control of everything relating 
 to military matters, as the marching troops, 
 their encampment, provisioning, etc. Guyot, 
 Rep. Univ. 
 
 The same extensive duties pertained to 
 the constable of Scotland.- Bell, Diet. 
 
 The duties of this officer in England seem 
 to have been first fully defined by St. West- 
 minster (13 Edw. I.), and question has been 
 frequently made whether the office existed 
 in England before that time. 1 Bl. Comm. 
 356. It seems, however, to be pretty certain 
 that the office in England is of Norman ori- 
 gin, being introduced by William, and that 
 subsequently the duties of the Saxon tithing 
 men, borsholders, etc., were added to its 
 other functions. See Cowell; Willcock, 
 Const.; 1 Bl. Comm. 356. 
 
 High constables were first ordained, ac- 
 cording to Blackstone, by the statute of 
 Westminster, though they were known as 
 efficient public officers long before that time. 
 1 Sharswood, Bl. Comm. 356. They are to 
 be appointed for each franchise or hundred 
 by the leet, or, in default of such appoint- 
 ment, by the justices at quarter sessions. 
 Their first duty is that of keeping the king's 
 
 peace. In addition, they are to serve war- 
 rants, return lists. of jurors, and perform 
 various other services enumerated in Coke, 
 4th Inst. 267; 3 Steph. Comm. 47; Jacob, 
 Law Diet. In some cities and towns in the 
 United States there are officers called "high 
 constables," who are the principal police of- 
 ficers in their jurisdiction. , 
 
 Petty constables are inferior officers in 
 every town or parish, subordinate to the high 
 constable. They perform the duties of head 
 borough, tithing man, or borsholder and in 
 addition, their more modern duties apper- 
 taining to the keeping the peace within 
 their town, village, or tithing. 
 
 In England, however, their duties have 
 been much restricted by Act 5 & 6, Vict. c. 
 109, which deprives them of their power as 
 conservators of the peace. 3 Steph. Comm. 
 47. 
 
 In the United States, generally, petty con- 
 stables only are retained, their duties being 
 generally the same as those of constables in 
 England prior to 5 & 6 Vict. c. 109, includ- 
 ing a limited judicial power as conservators 
 of the peace, a ministerial power for the 
 service of writs, etc., and some other duties 
 not strictly referable to either of these 
 heads. 
 
 CONSTABLE OF A CASTLE. The war- 
 den or keeper of a castle; the castellan. St. 
 Westminster I. e. 7 (3 Edw. I.) ; Spelman. 
 
 The constable of Dover Castle was also 
 warden of the Cinque Ports. There was be- 
 sides a constable of the Tower, as well as 
 other constables of castles of less note. Cow- 
 ell; Lambard, Const. 
 
 CONSTABLE OF ENGLAND (called, also, 
 "Marshal") , His nffice consisted in the care 
 of the common peace of the realm in deeds 
 of arms and matters of war. Lambard, 
 Const. 4. He was to regulate all matters of 
 chivalry, tournaments, and feats of arras 
 which were performed on horseback. 3 
 Steph. Comm. 47. He held the court of chiv- 
 alry, besides sitting in the aula regis. 4 Bl. 
 Comm. 92. 
 
 The office is disused in England, except on 
 coronation days and other such occasions of 
 state, and was last held by Stafford, duke of 
 Buckingham, under Henry VIII. His title is 
 Lord High Constable of England. 3 Steph. 
 Comm. 47; 1 Bl. Comm. 355. 
 
 CONSTABLE OF SCOTLAND. An officer 
 who was formerly entitled to command all 
 the king's armies, in the absence of the king, 
 and to take cognizance of all crimes com- 
 mitted within four miles of the king's per- 
 son or of parliament, the privy council, or 
 any general convention of the states of the 
 kingdom. The office was hereditary in the 
 family of Errol, and was abolished by 20 
 Geo. III. c. 43. Bell, Diet.; Ersk. Inst. 1. 3. 
 37. 
 
 CONSTABLE OF THE EXCHEQUER. An 
 
 officer spoken of in 51 Hen. III. st. 6, cited 
 by Cowell. 
 
CONSTABLEWICK 
 
 217 
 
 CONSTITUTUM 
 
 CONSTABLEWICK. The territorial Juris- 
 diction of a constable. 5 Nev. & M. 261. 
 
 CONSTABULARIUS (Lat.) An officer of 
 horse; an officer having charge of foot or 
 horse; a naval commander; an officer hav- 
 ing charge of military affairs generally. 
 Spelman. 
 
 The titles were very numerous, all derived, 
 however, from comes-stabuli, and the duties 
 ■were quite similar in all the countries where 
 the civil law prevailed. His powers were 
 second only to those of the king in all mat- 
 ters relating to the armies of the kingdom. 
 
 In England his power was early dimin- 
 ished and restricted to those duties which 
 related to the preservation of the king's 
 peace. The office is now abolished in Eng- 
 land, except as a matter of ceremony, and in 
 France. Guyot, Rep. Univ.; Cowell. 
 
 CONSTABULARY. A police force of a 
 county, state or country. 
 
 CONSTAT (Lat. it appears). A certifi- 
 cate by an officer that certain matters there- 
 in stated appear of record. See 1 Hayw. 
 (N. C.) 410. 
 
 An exemplification under the great seal of 
 the enrollment of letters patent. Co. Litt. 
 225. 
 
 A certificate which the clerk of the pipe 
 and auditors of the exchequer make at the 
 request of any person who intends to plead 
 or move in the court for the discharge of any 
 thing, and the effect of it is the certifying 
 what constat (appears) upon record touch- 
 ing the matter in question. 
 
 CONSTATE. To constitute or establish. 
 "Constating instruments" is used to denote 
 the charter, etc., of a corporation. See 37 N. 
 J. Eq. 363. 
 
 CONSTITUENT (Lat. constituo, to ap- 
 point). He who gives authority to another 
 to act for him. The constituent is bound by 
 the acts of his attorney, and the attorney is 
 responsible to his constituent. 
 
 CONSTITUERE. In old English law. To 
 establish; to appoint; to ordain. 
 
 Used in letters of attorney, and trans- 
 lated "constitute." Applied generally, also, 
 to denote "appointment." Reg. Orig. 172; 
 Du Cange. 
 
 CONSTITUTED AUTHORITIES. The of- 
 ficers properly appointed under the consti- 
 tution for the government of the people. 
 Those powers which the constitution of each 
 people has established to govern them, to 
 cause their rights to be respected, and to 
 maintain those of each of its members. 
 
 They are called "constituted," to distin- 
 guish them from the "constituting" author- 
 ity which has created or organized them, 
 or has delegated to an authority, which it 
 has itself created, the right of establishing 
 or r^ulating their movements. 
 
 CONSTITUTIO. 
 
 In Civil Law. An establishment or 
 
 settlement. Used of controversies settled by 
 the parties without a trial. Calv. Lex. 
 
 A sum paid according to agreement. Du 
 Cange. 
 
 An ordinance or decree having its force 
 from the will of the emperor. Dig. 1. 4. 1, 
 Cooper's notes. 
 
 In Old English Law. An ordinance or 
 
 statute; a provision of a statute. 
 
 CONSTITUTIO DOTIS. Establishment of 
 dower. 
 
 CONSTITUTION. The form of govern- 
 ment instituted by the people in their sov- 
 ereign capacity, in which first principles 
 and fundamental law are established. The 
 supreme, permanent and fixed will of the 
 people in their original, unlimited and sov- 
 ereign capacity, and in it are determined the 
 condition, rights and duties of every indi-- 
 vidual of the community. 1 111. 271. 
 
 The fundamental law of a free country, 
 which characterizes the organism of the 
 country, and secures the rights of the citi- 
 zen, and determines his main duties as a 
 freeman. 3 Barb. (N. Y.) 198. 
 
 The written instrument defining the pow- 
 ers, limitations, and functions of the United 
 States of America. 
 
 It has been said to be a tripartite instru- 
 ment, the parties being the state, the peo- 
 ple, and the United States. 3 Wis. 96. 
 
 In Old English Law. A statute. 
 
 CONSTITUTIONAL. That which Is con- 
 sonant to, and agrees with, the constitution. 
 
 CONSTITUTIONES. Laws promulgated, 
 i. e., enacted, by the Roman emperor. They 
 were of the following kinds: (1) Edicta; 
 (2) decreta; (3) rescripta, called, also, 
 "epistolae." Sometimes they were general, 
 and intended to form a precedent for other 
 like cases. At other times they were special, 
 particular, or individual (personales) , and 
 not intended to form a precedent. The em- 
 peror had this power of irresponsible enact- 
 ment by virtue of a certain lex regia, where- 
 by he was made the fountain of justice and 
 of mercy. Brown. 
 
 CONSTITUTIONES TEMPORE POSTE- 
 riores potiores sunt his quae Ipsas praeces- 
 serunt. Later laws prevail over those which 
 preceded them. Dig. 1. 4. 4. 
 
 CONSTITUTIONS OF CLARENDON. See 
 
 "Clarendon, Constitutions of." 
 
 CONSTITUTOR. In civil law. He who 
 promised by a simple pact to pay the debt 
 of another; and this is always a principal 
 obligation. Inst. 4. 6. 9. 
 
 CONSTITUTUM (Lat.) An agreement to 
 pay a subsisting debt which exists without 
 any stipulation, whether of the promisor or 
 another party. It differs from a stipulation 
 in that It must be for an existing debt. Du 
 (jange. 
 
CONSTITUTUM ESSE EAM 
 
 218 
 
 CONSUETUDO CURIAE 
 
 A day appointed for any pnrpose; a form 
 of appeal. Calv. Lex. 
 
 CONSTITUTUM ESSE EAM DOMUM 
 unicuique nostrum debere existimari, ubi 
 quisque sedes et tabulas haberet, suarumque 
 rerun) constitutionem fecisset. It is settled 
 that that is to be considered the home of 
 each one of us where he may have his habi- 
 tation and account books, and where he may 
 have made an establishment of his busi- 
 ness. Dig. 50. 16. 203. 
 
 CONSTRAINT. In Scotch law. Duress. 
 
 It is a general rule that when one is com- 
 pelled into a contract there is no effectual 
 consent, though, ostensibly, there is the form 
 of it. In such case, the contract will be de- 
 clared void. The constraint requisite thus 
 to annul a contract must be a vis aut metus 
 qui cadet in constantem virum, such as 
 would shake a man of firmness and resolu- 
 tion. Ersk. Inst. 3. 1. 16; Id. 4. 1. 26; 1 
 Bell, Comm. bk. 3, pt. 1, c. 1, § 1, art. 1, p. 
 295. 
 
 CONSTRUCTIO LEGIS NON FACIT IN- 
 Jurlam. The construction of law does not 
 work an injury. Co. Litt. 183; Broom, Leg. 
 Max. (3d London Ed.) 537. 
 
 CONSTRUCTION (Lat. construere, to put 
 together). In practice. Determining the 
 meaning and application as to the case in 
 question of the provisions of a constitution, 
 statute, will, or other instrument, or of an 
 oral agreement. 
 
 Drawing conclusions respecting subjects 
 that lie beyond the direct expressions of the 
 term. ^Lieber, Leg. & Pol. Herm. 20. 
 
 "Interpretation," if an exact synonym, is a 
 preferable term, since it has but a single 
 significance; while "construction" is used 
 also in a mechanical sense, but see "Inter- 
 pretation" for an attempted distinction. 
 
 Some writers have distinguished between 
 construction and interpretation, holding that 
 interpretation is ascertaining the true sense 
 of the language of the writing by limiting 
 the inquiry to a consideration and compari- 
 son of the words themselves, while con- 
 struction is the drawing of conclusions re- 
 specting subjects that lie beyond the direct 
 expression of the text, from elements known 
 from and given in the text-conclusions 
 which are in the spirit, though not within 
 the letter of the text. 9 111. App. 486. 
 
 The legitimate purpose of all construc- 
 tion of a contract or other instrument in 
 writing, is, to ascertain the intention of 
 the party or parties in making the same, 
 and when this is determined, effect will be 
 given thereto, unless to do so would vio- 
 late some established rule of property. 122 
 111. 326. 
 
 CONSTRUCTION CONTRACTS. Con- 
 tracts for works of permanent improve- 
 ment to realty, whether by the erection of 
 buildings, filling, excavating, digging wells, 
 etc 
 
 CONSTRUCTION, COURT OF. A court 
 of equity or of common law, as the case 
 may be, is called the "court of construc- 
 tion" with regard to wills, as opposed to the 
 "court of probate," whose duty is to decide 
 whether an instrument be a -voll at all. 
 Now, the court of probate may decide that a 
 given instrument is a will, and yet the court 
 of construction may decide that it has no 
 operation, by reason of perpetuities, illegal- 
 ity, uncertainty, etc. Wharton. 
 
 CONSTRUCTIVE. That which amounts, 
 in the view of the law, to an act, although 
 the act itself is not really performed. For 
 words under this head, such as "constructive 
 fraud," etc., see the various titles, "Fraud," 
 etc. 
 
 CONSUETUDINARIUS (Lat.) In old Eng- 
 lish law. A ritual or book containing the 
 rites and forms of divine offices, or the cus- 
 toms of abbeys and monasteries. 
 
 A record of the consuetudtnes (customs). 
 Blount; Wishaw. 
 
 CONSUETUDINARY LAW. Customary or 
 traditional law. 
 
 CONSUETUDINES FEUDORUM (Lat. feu- 
 dal customs). A compilation of the law of 
 feuds or fiefs in Lombardy, made A. D. 
 1170. 
 
 It is called, also, the "Book of Fiefs," and 
 is of great and generally received authority. 
 The compilation is said to have been ordered 
 by Frederic Barbarossa (Ersk. Inst. 2. 3. 5), 
 and to have been made by two Milanese 
 lawyers (Spelman), but this is uncertain. 
 It is commonly annexed to the Corpus Juris 
 Civilis, and is easily accessible. See 3 Kent, 
 Comm. (10th Ed.) 665, note; Spelman. 
 
 CONSUETUDO (Lat.) A custom; an es- 
 tablished usage, or practice. Go. Litt. 58. 
 Tolls; duties; taxes. Id. 58b. This use of 
 consuetudo is not correct. Custuma is the 
 proper word to denote duties, etc. 1 Shars- 
 wood, Bl. Comm. 313, note. An action for- 
 merly lay for the recovery of customs due, 
 which was commenced by a writ de consue- 
 tudinibus et servitiis, of customs and ser- 
 vices. This is said by Blount to be "a writ 
 of right close which lies against the tenant 
 that deforceth the lord of the rent and ser- 
 vices due him." Blount; Old Nat. Brev. 
 77; Fitzh. Nat. Brev. 151. 
 
 There were various customs; as, consv^ 
 tudo Anglicana, custom of England (as dis- 
 tinguished from lex, the Roman or civil 
 law) , consuetudo curiae, practice of a court, 
 consuetudo mercatorum, custom of mer- 
 chants. See "Custom." 
 
 CONSUETUDO CONTRA RATIONEM IN- 
 troducta, potlus usurpatio quam consuetudo 
 appellari debet. A custom introduced against 
 reason ought rather to be called an usurpa- 
 tion than a custom. Co. Litt. 113. 
 
 CONSUETUDO CURIAE. The custom or 
 practice of a court. Hardr. 141. 
 
CONSUETUDO DEBET CERTA 
 
 219 
 
 CONSUMMATE 
 
 CONSUETUDO DEBET ESSE CERTA. A 
 
 custom ought to be certain. Dav. 33. 
 
 CONSUETUDO EST ALTERA LEX. CuB- 
 tom Is another law. 4 Coke, 21. 
 
 CONSUETUDO EST OPTIMUS INTER- 
 pres legum. Custom is the best expounder 
 of the law. Coke, 2d Inst. 18; Dig. 1. 3. 37; 
 Jenks. Cent. Cas. 273. 
 
 CONSUETUDO ET COMMUNIS ASSURE- 
 tudo vincit legem non scriptam, si sit spe- 
 cialis, et Interpretatur legem scriptam, si 
 lex sit generalis. Custom and common us- 
 age overcome the unwritten law, if it be 
 special, and interpret the written law, if the 
 law be general. Jenk. Cent. Cas. 273. 
 
 CONSUETUDO EX CERTA CAUSA RA- 
 tlonabill usitata privat communem legem. 
 Custom observed by reason of a certain and 
 reasonable cause supersedes the common 
 laws. Litt. § 169; Co. Litt. 33b. See 5 
 Bing. 293; Broom, Leg. Max. (3d London 
 Ed.) p. 825. 
 
 CONSUETUDO, LICET SIT MAGNAE 
 auctoritatis, nunquam tamen praejudicat 
 manifestae veritati. A custom though it be 
 of great authority, should never, however, 
 be prejudicial to manifest truth. 4 Coke, 18. 
 
 CONSUETUDO LOCI OBSERVANDA 
 EST. The custom of the place Is to be ob- 
 served. 4 Coke, 28b; 6 Coke, 67; 10 Coke, 
 139; 4 C. B. 48. 
 
 CONSUETUDO MANERII ET LOCI OB- 
 servanda est. A custom of a manor and 
 place is to be observed. 6 Coke, 67. 
 
 CONSUETUDO MERCATORUM (Lat.) 
 The custom of merchants; the same with 
 lex mercatoria (g. v.) 
 
 CONSUETUDO NEQUE INJURIA ORITI, 
 neque tolli potest. A custom can neither 
 arise nor be abolished by a wrong. Lofft, 
 340. 
 
 CONSUETUDO NON HABITUR IN CON- 
 sequentiam. Custom is not to be drawn 
 into a precedent. 3 Keb. 499. 
 
 CONSUETUDO NON TRAHITUR IN CON- 
 sequentlam. Custom is not drawn into con- 
 sequence. 3 Keb. 499; 4 Jur. (N. S.) 139. 
 
 CONSUETUDO PRAESCRIPTA ET LE- 
 gitlma vincit legem. A prescriptive and le- 
 gitimate custom overcomes the law. Co. 
 Litt. 113. 
 
 CONSUETUDO REGNI ANGLIAE EST 
 lex Angllae. The custom of the kingdom of 
 England is the law of England. Jenk. Cent. 
 Cas. 119. 
 
 CONSUETUDO SEMEL REPROBATA 
 non potest ampllus Inducl. Custom once dis- 
 allowed cannot again be produced. Dav. 33; 
 Grounds and Rudiments of Law, 53. 
 
 CONSUETUDO TOLLIT COMMUNEM 
 legem. Custom takes away the common 
 law. Co. Litt. 88b. 
 
 CONSUETUDO VINCIT COMMUNEM 
 legem. Custom overrules common law. 1 
 Roper, Husb. & Wife, 351; Co. Litt. 33b. 
 
 CONSUETUDO VOLENTES DUCIT; LEX 
 nolentes trahlt. Custom leads the willing; 
 law compels or draws the unwilling. Jenk. 
 Cent. Cas. 274. 
 
 CONSUL. A commercial agent of a coun- 
 try residing in a foreign seaport, whose duty 
 is to promote the commerce of the state com- 
 missioning him. 83 Tex. 88. He is not a 
 diplomatic agent, and has no authority to 
 represent his country in diplomatic nego- 
 tiations. 1 Kent, Comm. 43. 
 
 CONSULAR COURTS. Courts wherein, 
 pursuant to treaty, the consul exercises 
 judicial powers in cases involving the rights 
 of citizens of the country by which he is 
 commissioned. 1 Kent, Comm. 42. 
 
 CONSULTA ECCLESIA. In eccleslasUcal 
 law. A church full or provided for. Cowell. 
 
 CONSULTARY RESPONSE. The opin- 
 ion of a court of law on a special case. 
 Wharton. 
 
 CONSULTATION. The name of a writ 
 whereby a cause, being formerly removed 
 by prohibition out of an inferior court into 
 some of the king's courts in Westminster, 
 is returned thither again; for, if the judges 
 of the superior court, comparing the pro- 
 ceedings with the suggestion of the party, 
 find the suggestion false or not proved, and 
 that, therefore, the cause was wrongfully 
 called from the inferior court, then, upon 
 consultation and deliberation, they decree 
 it to be returned, whereupon this writ is- 
 sues. Termes de la Ley; 2 Bl. Comm. 114. 
 
 In French Law. The opinion of coun- 
 sel upon a point of law submitted to them. 
 
 CONSUMMATE. Complete; finished; en- 
 tire. 
 
 A marriage is said to be consummate. A 
 right of dower is inchoate when coverture 
 and seisin concur, consummate upon the hus- 
 band's death. 1 Washb. Real Prop. 250, 251. 
 A tenancy by the curtesy is initiate upon 
 the birth of issue and consummate upon the 
 death of the wife. 1 Washb. Real Prop. 140; 
 13 Conn. 83; 2 Me. 400; 2 Bl. Comm. 128. 
 
 A contract is said to be consummated 
 when everything to be done in relation to 
 it has been accomplished. It is frequently 
 of great importance to know when a con- 
 tract has been consummated, in order to 
 ascertain the rights of the parties, particu- 
 larly in the contract of sale. See "Deliv- 
 ery," where the subject is more fully 
 examined. It is also sometimes of conse- 
 quence to ascertain where the consummation 
 of the contract took place, in order to de- 
 cide by what law it is to be governed. See 
 "Conflict of Laws;" "Lex Loci" 
 
CONTANGO 
 
 220 
 
 CONTIGUOUS 
 
 CONTANGO. In English law. The com- 
 mission received for carrying over or put- 
 ting off the time of execution of a contract 
 to deliver stocks or pay for them at a cer- 
 tain time. Wharton. 
 
 CONTEK (Law Fr.) A contest; dispute; 
 disturbance; opposition. Britt. c. 42; Kel- 
 ham. Conteckours; brawlers; disturbers of 
 the peace. Britt. c. 29. 
 
 CONTEMNER. A person guilty of con- 
 tempt of court. 
 
 CONTEMPLATION OF BANKRUPTCY. 
 
 As applied to transfers of property by an 
 insolvent. In contemplation of committing 
 an act in bankruptcy (q. v.), or of applying 
 for the benefits of the bankrupt law. 13 
 How. (U. S.) 167; Fed. Cas. No. 3,317. 
 
 CONTEMPORANEA EXPOSITIO (Lat.) 
 Contemporaneous exposition, or construc- 
 tion; a construction drawn from the time 
 when, and the circumstances under which, 
 the subject-matter to be construed, as a 
 statute or custom, originated. 
 
 CONTEMPORANEA EXPOSITIO EST OP- 
 tlma et fortissima in lege. A contempora- 
 neous exposition is the best and most power- 
 ful in the law. Coke, 2d Inst. 11; 3 Coke, 
 7; Broom, Leg. Max. (3d London Ed.) 608. 
 
 CONTEMPT. A willful disregard or dis- 
 obedience of a public authority, whether ju- 
 dicial or legislative. 
 
 Contempts are either (1) civil or (2) 
 criminal. 
 
 (1) Civil contempts are those quasi con- 
 tempts which consist in failing to do some-, 
 thing which the contemnor is ordered to do 
 for the benefit of another party to a pro- 
 ceeding before the court; while 
 
 (2) Criminal contempts are all acts in 
 disrespect of the court or of its process ob- 
 structing the administration of justice gen- 
 erally, and tending to bring the court into 
 disrepute. Rapalje, Contempt, § 21; 11 Fla. 
 184; 4 Keyes (N. Y.) 46. 
 
 Contempts are also classified as 
 
 (3) Direct contempts, being those com- 
 mitted in the presence of the court or so 
 near as to disturb its proceedings; and 
 
 (4) Constructive contempts, being those 
 arising from matters not transpiring in 
 court. Rapalje, Contempt, § 23. 
 
 CONTEMPTIBILITER. Contemptuously. 
 
 CONTENEMENTUM (Law Lat. from eon, 
 together, and tenementum, a tenement, or 
 thing holden). Countenance; appearance; 
 credit or reputation. 
 
 CONTENTIOUS JURISDICTION. In eb- 
 
 clesiastical law. That which exists in cases 
 where there is an action or judicial process, 
 and matter in dispute is to be heard and 
 determined between party and party. It is 
 to be distinguished from voluntary juris- 
 diction, which exists in cases of taking pro- 
 bate of wills, granting letters of admmis- 
 
 tration, and the like. 3 Sharswood, Bl. 
 Comm. 66. 
 
 CONTERMINOUS. Adjacent or adjoin- 
 ing; having common boundaries. Hale, 
 Hist. Com. Law, 98. 
 
 CONTEST. Struggle for superiority In 
 legal usage, a litigation. 
 
 The word "contest," in constitutions and 
 statutes, is a word of art. It means a 
 litigation. It implies a plaintiff and a de- 
 fendant, and a thing in controversy. When 
 it is decided, it is, or should be, decided 
 upon evidence, and the decision is a judg- 
 ment. 112 Ky. 23. 
 
 CONTESTATIO LITIS. 
 
 In Civil Law. The statement and an- 
 swer of the plaintiff and defendant, thus 
 bringing the case before the judge, conduct- 
 ed usually in the presence of ^witnesses. 
 Calv. Lex. 
 
 This sense is retained in the canon law. 
 1 Kaufm. Mackeld. Civ. Law, 205. A cause 
 is said to be contestata when the judge be- 
 gins to hear the cause after an account of 
 the claims, given not through the pleadings, 
 but by statement of the plaintiff and an- 
 swer of the defendant. Calv. Lex. 
 
 In Old English Law. Coming to an 
 
 issue; the issue so produced. Steph. PI. 39; 
 Crabb, Hist. Eng. Law, 216. 
 
 CONTESTATIO LITIS EGET TERMINOS 
 contradictarios. An issue requires terms ol 
 contradiction; that is, there can be no issue 
 without an affirmative on one side and a 
 negative on the other. Jenk. Cent. Cas. 117. 
 
 CONTESTATION OF SUIT. In an ec- 
 clesiastical cause, that stage of the suit 
 which is reached when the defendant has 
 answered the libel by giving in an allega- 
 tion (q. V.) If he confesses the libel, he is 
 said to contest the suit affirmatively; if he 
 denies it, he is said to contest the suit nega- 
 tively; or he may give a qualified affirma- 
 tive or negative by confessing the whole or 
 part of the libel, and adding other facts. 
 Phillim. Ecc. Law, 1255; Eog. Ecc. Law, 
 720. See "Confession and Avoidance." The 
 term is a translation of contestatio litis, and 
 is taken from the Roman law. 
 
 CONTEXT (Lat. contextum, — con, with, 
 tigere, to weave, — ^that which is inter- 
 woven.) Those parts of a writing which 
 precede and follow a phrase or passage in 
 question; the connection. 
 
 CONTIGUOUS. In close proximity. 69 
 N. Y. 191, 25 Am. Rep. 168; affirming 7 
 Hun. (N. Y.) 455. 
 
 United or joined together. 261 111. 99. 
 
 Adjacent; in actual contact; touching; 
 near. 143 111. App. 171. 
 
 In actual contact; touching; meeting or 
 adjoining at the surface or border. 248 111. 
 166. 
 
GONTINENCIA 
 
 221 
 
 CONTINUING GUARANTY 
 
 CONTINENCIA. In Spanish law. Contl- 
 nency or unity of the proceedings in a 
 cause. White, New Eecop. bk. 3, tit. 6, c. 1. 
 
 CONTINENS. In the Roman law. Con- 
 tinuing; holding together; joined together. 
 Applied to buildings in the suburbs of Rome. 
 Dig. 50. 16. 2. 
 
 CONTINENTIA. In old English practice. 
 Continuance or connection. Applied to the 
 proceedings in a cause. Bracton, fol. 362b. 
 Countenance. Pleta, lib. 1, c. 48, § 2. 
 
 CONTINGENCY. An event which may or 
 may not occur; that which is possible or 
 probable; a fortuitous event; a chance. 82 
 111. App. 526. 
 
 A contingency has the element of uncer- 
 tainty and doubt, and is defined as an event 
 which is possible but which may or may not 
 occur, in the nature of a casualty, accident, 
 or chance, and results from an agency the 
 operation of which is uncertain; dependent 
 upon a possibility and on causes which are 
 undetermined or unknown. 231 111. 127. 
 
 CONTINGENCY WITH DOUBLE As- 
 pect. If there are remainders so limited 
 that the second is a substitute for the first 
 in case it should fail and not in derogation 
 of it, the remainder is said to be in a con- 
 tingency with double aspect. Pearne, Cont. 
 Rem. 373. 
 
 CONTINGENT DAMAGES. Those given 
 where the issues upon counts to which no 
 demurrer has been filed are tried before de- 
 murrer to one or more counts in the same 
 declaration has been decided. 1 Strange, 
 431. 
 
 CONTINGENT ESTATE. A Contingent es- 
 tate depends for its effect upon an event 
 which may or may not happen; as, an es- 
 tate limited to a person not in esse, or not 
 yet born. Crabb, Real Prop. § 946. Dis- 
 tinguished from vested, see "Vested in In- 
 terest." 
 
 CONTINGENT LEGACY. A legacy made 
 dependent upon some uncertain event. 1 
 Rop. Leg. 506. 
 
 A legacy which has not vested. Williams, 
 Ex'rs. 
 
 CONTINGENT REMAINDER. An estate 
 in remainder which is limited to take effect 
 either to a dubious and uncertain person, 
 or upon a dubious and un'^ertain event, by 
 which no present or particular interest 
 passes to the remainderman, so that the par- 
 ticular estate may chance to be determined, 
 and the remainder never take effect. 2 Bl. 
 Comm. 169. 
 
 A remainder limited so as to depend upon 
 an event or condition which may never hap- 
 pen or be performed, or which may not hap- 
 pen or be performed till after the deter- 
 mination of the preceding estate. Pearne, 
 Cont. Rem. 3; 1 Washb. Real Prop. 155. See 
 "Remainder." 
 
 CONTINGENT USE. A use limited In a 
 deed or conveyance of land which may or 
 may not happen to vest, according to the 
 contingency expressed in the limitation of 
 such use. 
 
 Such a use as by possibility may happen 
 in possession, reversion, or remainder. 1 
 Coke, 121; Comyn, Dig. "Uses" (K 6). A 
 use limited to take effect upon the happen- 
 ing of some future contingent event; as 
 where lands are conveyed to the use of A. 
 and B. after a marriage had between them. 
 2 Sharswood, Bl. Comm. 234. 
 
 A contingent remainder limited by way 
 of uses. Sugd. Uses, 175. See, also, 4 
 Kent, Comm. 237 et seq. 
 
 CONTINUAL CLAIM. In old English law. 
 A formal claim made by a party entitled to 
 enter upon any lands or tenements, but de- 
 terred from such entry by menaces, or bod- 
 ily fear, for the purpose of preserving or 
 keeping alive his right. It was called "con- 
 tinual," because it was required to be re- 
 peated once in the space of every year and 
 day. It had to be made as near to the land 
 as the party could approach with safety, 
 and, when made in due form, had the same 
 effect with, and in all respects amounted to, 
 a legal entry. Litt. §§ 419-423; Co. Litt. 
 250a; 3 Bl. Comm. 175. 
 
 Lord Coke calls it an "entry in law," and 
 says that it is as strong as an "entry in 
 deed" (fact). Co. Litt. 256b. 
 
 It is now abolished. St. 3 & 4 Wm. IV. c. 
 27, § 11. 
 
 CONTINUANCE (Lat. continuere, to con- 
 tinue). In practice. The adjournment of a 
 cause from one day to another of the same 
 or a subsequent term. 
 
 The postponement of the trial of a cause. 
 
 CONTINUANDO (Lat. continuare, to con- 
 tinue; continuando, continuing). In plead- 
 ing. An averment that a trespass has been 
 continued during a number of days. 3 
 Sharswood, Bl. Comm. 212. It was allowed 
 to prevent a multiplicity of actions (2 RoUe, 
 Abr. 545) only where the injury was such 
 as could, from its nature, be continued (1 
 Wm. Saund. 24, note 1). 
 
 The form is now disused, and the same 
 end secured by alleging divers trespasses to 
 have been committed between certain days. 
 1 Saund. 24, note 1. See, generally, Gould, 
 PI. c. 3, § 86; Hammond, N. P. 90, 91; 
 Bacon, Abr. "Trespass" (I 2, note 2). 
 
 CONTINUING CONSIDERATION. 
 
 "Consideration." 
 
 See 
 
 CONTINUING DAMAGES. See "Dam- 
 ages." 
 
 CONTINUING GUARANTY. A guaranty 
 limited as to amount but not limited as to 
 time will in general be construed as a con- 
 tinuing guaranty unless the circumstances 
 of the transaction show a different inten- 
 tion. 116 III. App. 645. 
 
CONTINUING INJURY 
 
 222 
 
 CONTRABAND OF WAR 
 
 A guaranty which merely limits the 
 amount of the guarantor's liability, without 
 limiting the amount of credit which may be 
 extended to the principal under the guar- 
 anty is a continuing guaranty. 145 111. 496. 
 
 CONTINUING INJURY. The expression 
 "continuing injury," as applied to the right 
 to maintain successive actions, means no 
 more than that the case involves a tran- 
 sient injury, where the cause of such injury 
 has been wrongfully allowed to continue. 112 
 111. App. 427. 
 
 CONTINUING NUISANCE. The failure of 
 a levee and sanitary district to provide suf- 
 ficient outlet for surface water from adjoin- 
 ing land outside the district, so that a ten- 
 ant of such adjoining land may have as suf- 
 ficient an outlet for the drainage of surface 
 waters due to extraordinary floods as exist- 
 ed before the erection of the levee, con- 
 stitutes a continuing nuisance for which 
 successive suits may be maintained. 194 111. 
 App. 266. 
 
 CONTINUOUS EASEMENT. See "Base- 
 ment." 
 
 CONTRA (Lat.) Over; against; opposite; 
 per contra, in opposition. 
 
 CONTRA BONOS MORES. Against sound 
 morals. 
 
 \ Contracts which are incentive to crime, 
 or of which the consideration is an obliga- 
 tion or engagement improperly prejudicial 
 to the feelings of a third party, offensive to 
 decency or morality, or which have a ten- 
 dency to mischievous or pernicious conse- 
 quences, are void, as being contra bonos 
 mores. 2 Wils. 447; Covyp. 729; 4 Campb. 
 152; 1 Barn. & Aid. 683; 16 East, 150. 
 
 CONTRA FORMA COLLATIONIS. In 
 
 old English law. A writ that issued where 
 lands given in perpetual alms to lay houses 
 of religion, or to an abbot and convent, or 
 to the warden or master of an hospital and 
 his convent, to find certain poor men with 
 necessaries, and do divine service, etc., were 
 alienated, to the disherison of the house and 
 church. By means of this writ the donor or 
 his heirs could recover the lands. Reg. 
 Orig. 238; Fitzh. Nat. Brev. 210. 
 
 CONTRA FORMAM DONI. Against the 
 form of the grant. See "Formedon." 
 
 CONTRA FORMAM FEOFFAMENTI. A 
 
 writ that lay for the heir of a tenant, en- 
 feoffed of certain lands or tenements, by 
 charter of feoffment from a lord to make 
 certain services and suits to his court, who 
 was afterwards distrained for more services 
 than were mentioned in the charter. Reg. 
 Orig. 176; Old Nat. Brev. 162. 
 
 CONTRA FORMAM STATUTI (Lat. 
 against the form of the statute) . In plead- 
 ing. The formal manner of alleging that 
 the offense described in an indictment is 
 one forbidden by statute. 
 
 CONTRA JUS BELLI (Lat.) Against the 
 law of war. Grotius, de Jure Belli, lib. 3, 
 c. 11, i 16; 1 Kent, Comm. 6. 
 
 CONTRA JUS COMMUNE. Against com- 
 mon right or law; contrary to the rule of 
 the common law. Bracton, fol. 48b. 
 
 CONTRA LEGEM FACIT QUI ID FACIT 
 quod lex prohibet; in fraudem vero qui, 
 salvia verbis legiis,'sententiam ejus circum- 
 venit. He does contrary to the law who 
 does what the law prohibits; he acts in 
 fraud of the law who, the letter of the law 
 being inviolate, uses the law contrary to its 
 intention. Dig. 1. 3. 29. 
 
 CONTRA LEGEM TERRAE. Against the 
 law of the land. Mag. Ch. Johan. c. 65. 
 
 CONTRA NEGANTEM PRINCIPIA NON 
 est disputandum. There is no disputing 
 against one who denies principles. Co. Litt. 
 43; Grounds & Rudiments of Law, 57. 
 
 CONTRA NON VALENTEM AGERE 
 nulla currit praescriptlo. No prescription 
 runs against a person unable to act. Broom, 
 Leg. Max. (3d London Ed.) 810; Evans, 
 Poth. 451. 
 
 CONTRA OMNES GENTES. Against all 
 people; formal words in old covenants of 
 warranty. Fleta, lib. 3, c. 14, § 11. 
 
 CONTRA PACEM (Lat. against the 
 peace). In pleading. An allegation in an 
 action of trespass or ejectment that the 
 actions therein complained of were against 
 the peace of the king. Such an allegation 
 was formerly necessary, but has become a 
 mere matter of form, and not traversable. 
 4 Term R. 503; 1 Chit. PL 375; Archb. Civ. 
 PI. 169. See "Trespass." 
 
 CONTRA TABU LAS. In civil law. Against 
 the will (testament). Dig. 37. 4. 
 
 CONTRA VADIUM ET PLEGIUM. In old 
 English law. Against gage and pledge. 
 Bracton, fol. 15b; Fleta, lib. 1, c 42, § 2. 
 
 CONTRA VERITATEM LEX NUNQUAM 
 aliquid permittit. The law never suffers 
 anything contrary to truth. Coke, 2d Inst. 
 252. But sometimes it allows a conclusive 
 presumption in opposition to truth. See 3 
 Bouv. Inst, note 3061. 
 
 CONTRABAND OF WAR. In interna- 
 tional law. Goods which neutrals may not 
 carry in time of war to either of the belliger- 
 ent nations without subjecting themselves 
 to the loss of the goods, and formerly the 
 owners, also, to the loss of the ship and 
 other cargo, if intercepted. 1 Kent, Comm. 
 138, 143. 
 
 "The classification of goods as contra- 
 band has much perplexed text writers and 
 jurists. A strictly accurate and satisfac- 
 tory classification is perhaps impracticable; 
 but that which is best supported by Ameri- 
 can and English decisions may be said to 
 divide all merchandise into three classes: 
 
CONTRACAUSATOR 
 
 22S 
 
 CONTRACT 
 
 (1) Articles manufactured and primarily 
 or ordinarily used for military purposes in 
 time of war; (2) articles which may be, 
 and are, used for purposes of war or peace, 
 according to circumstances ; (3) articles ex- 
 clusively used for peaceful purposes. Mer- 
 chandise of the first class destined to a 
 belligerent country or place occupied by the 
 army or navy of belligerent is always con- 
 traband. Merchandise of the second class 
 is contraband only when destined to the 
 military or naval use of the belligerent, 
 while . merchandise of a third class is not 
 contraband at all, though liable to seizure 
 and condemnation for violation of blockade 
 or siege." 5 Wall. 58. 
 
 CONTRACAUSATOR. A, criminal; one 
 prosecuted for a crime. 
 
 CONTRACT (Lat. contractus, from con, 
 with, and traho, to draw). An agreement 
 between two or more parties to do or not 
 do a particular thing. Marshall, C. J., 4 
 Pet. (U. S.) 420, 572. An agreement in 
 which a party undertakes to do or not to 
 do a particular thing. Marshall, C. J. 4 
 Wheat. (U. S.) 197. An agreement be- 
 tween two or more parties for the doing or 
 not doing of some specified thing. 1 Pars. 
 Cent. 5, 
 
 It has been variously defined as follows: 
 
 A compact between two or more parties. 
 6 Cranch (U. S.) 87, 136. 
 
 An agreement or covenant between two or 
 more persons, in which each party binds 
 himself to do or forbear some act, and each 
 acquires a right to what the other promises. 
 Enc. Amer.; Webster. 
 
 A contract or agreement is where a prom- 
 ise is made on one side and assented to on 
 the other; or where two or more persons 
 enter into an engagement with each other by 
 a promise on either side. 2 Steph. Comra. 
 108, 109. 
 
 An agreement upon sufficient considera- 
 tion to do or not to do a particular thing. 2 
 Bl. Comm. 446; 2 Kent, Comm. 449, 
 
 A _ covenant or agreement between two 
 parties with a lawful consideration or cause. 
 West. Symb. lib. 1, § 10; Cowell; Blount. 
 
 A deliberate engagement between compe- 
 tent parties upon a legal consideration to 
 do or to abstain from domg some act. Story, 
 Cont. § 1. 
 
 A mutual promise upon lawful considera- 
 tion or cause which binds the parties to a 
 performance. 
 
 The writing which contains the agree- 
 ment of parties with the terms and condi- 
 tions, and which serves as a proof of the 
 obligation. The last is a distinct significa- 
 tion. 2 Hill (N. Y.) 551. 
 
 We have not included "consideration" in 
 our definition of contract, because it does 
 not seem to be essential to a contract, al- 
 though it is necessary to its enforcement. 
 See "Consideration." Mr. Stephen, whose 
 definition of contract is given above, thus 
 criticizes the definition of Blackstone, which 
 has been adopted by Chancellor Kent and 
 
 other high authorities : First, that the word 
 "agreement" itself requires definition as 
 much as "contract;" second, that the exist- 
 ence of a consideration, though essential to 
 the validity of a parol contract, forms prop- 
 perly no part of the idea; third, that the 
 definition takes no sufficient notice of the 
 mutuality which properly distinguishes a 
 contract from a promise. 2 Steph. Comm. 
 109. 
 
 The use of the word "agreement" (aggre- 
 gatio mentium) seems to have the authority 
 of the best writers in ancient and modem 
 times (see above) as a part of the definition 
 of contract. It is probably a translation of 
 the civil law conventio (con and venio), a 
 coming together, to which (being derived 
 from ad and grego) it seems nearly equiva- 
 lent. We do not think the objection that it 
 is a synonym (or nearly so) a valid one. 
 Some word of the kind is necessary as a 
 basis of the definition. No two sjmonyms 
 convey precisely the same idea. "Most of 
 them have minute distinctions," says Reid. 
 If two are entirely equivalent, it will soon 
 be determined by accident which shall re- 
 main in use, and which become obsolete. To 
 one who has no knowledge of a language, it 
 is impossible to define any abstract idea; 
 but to one who understands a language, an 
 abstraction is defined by a synonym prop- 
 erly qualified. By pointing out distinctions 
 and the mutual relations between synonyms, 
 the object of definition is answered. Hence 
 we do not thing Blackstone's definition open 
 to the first objection. 
 
 As to the idea of consideration, Mr. 
 Stephens seems correct, and to have the au- 
 thority of some of the first legal minds of 
 modern times. Consideration, however, may 
 be necessary to enforce a contract, though 
 not essential to the idea. Even in that class 
 of contracts (by specialty) in which no con- 
 sideration is in fact required, one is always 
 presumed by law; the form of the instru- 
 ment being held to import a consideration. 
 2 Kent, Comm. 450, note. 
 
 A contract without consideration is called 
 a nudum pactum (nude pact) , but it is still 
 a pactum, and this implies that considera- 
 tion is not an essential. The third objection 
 of Mr. Stephen to the definition of Black- 
 stone does not seem one to which it is fairly 
 obnoxious. 
 
 There is an idea of mutuality in con and 
 traho, to draw together, but we think that 
 mutuality is implied in agreement as well. 
 An aggregatio mentium seems impossible 
 without mutuality. Blackstone, in his analy- 
 sis, appears to have regarded agreement as 
 implying mutuality; for he defines it (2 
 Bl. Comm. 442) : "A mutual bargain or con- 
 vention." In our definition, however, all 
 ambiguity is avoided by the use of the words 
 "betyreen two or more parties" following 
 agreement. 
 
 In its widest sense, "contract" includes 
 records and specialties; but this use as a 
 general term for all sorts of obligations, 
 though of too great authority to be now 
 
CONTEACT 
 
 224 
 
 CONTRACT 
 
 doubted, seems to be an undue extension 
 of the propet meaning of the term, which 
 is much more nearly equivalent to "agree- 
 ment," which is never applied to specialties. 
 Mutuality is of the very essence of both, — 
 not only mutuality of assent, but of act. As 
 expressed by Lord Coke, actus contra actum. 
 2 Coke, 15; 7 Man. & G. 998, argument, and 
 note. 
 
 This is illustrated in contracts of sale, 
 bailment, hire, as well as partnership and 
 marriage; and no other engagements but 
 those with this kind of mutuality would 
 seem properly to come under the head of 
 contracts. In a bond there is none of this 
 mutuality, no act to be done by the obligee 
 to make the instrument binding. In a judg-^ 
 ment there is no mutuality either of act or 
 of assent. It is judicium redditum in in- 
 vitum. It may properly be denied to be a 
 contract, though Blackstone insists that one 
 is implied. Per Mansfield, 3 Burrows, 1545; 
 1 Cow. (N. Y.) 316; per Story, J., 1 Mason 
 (U. S.) 288. Mr. Chitty uses "obligation" 
 as an alternative word of description when 
 speaking of bonds and judgments. Chit. 
 Cont. 2, 4. An act of legislature may be a 
 contract. So may a legislative grant with 
 exemption from taxes. 5 Ohio St. 361. So 
 a charter is a contract between a state and 
 a corporation, within the meaning of the 
 constitution of the United States (article 1, 
 § 10, cl. 1). 27 Miss. 417. See "Obligation 
 of Contracts." 
 
 (1) Accessory contracts are those made 
 for assuring the performance of a prior con- 
 tract, either by the same parties or by oth- 
 ers, such as suretyship, mortgage, and 
 pledges. Civ. Code La. art. 1764; Poth. Obi. 
 pt. 1, c. 1, § 1; art. 2, note 14. 
 
 (2) Contracts of beneficence are those by 
 which only one of the contracting parties is 
 benefited; as loans, deposit, and mandate. 
 Civ. Code La. art. 1767. 
 
 (3) Certain contracts are those in which 
 the thing to be done is supposed to depend 
 on the will of the party, or when, in the 
 usual course of events, it must happen in 
 the manner stipulated. 
 
 (4) Commutative contracts are those in 
 which what is done, given, or promised by 
 one party is considered as an equivalent to 
 or in consideration of what is done, given, 
 or promised by the other. Civ. Code La. 
 art. 1761. 
 
 (5) Gratuitous contracts are those of 
 which the object is the benefit of the person 
 with whom it is made, without any profit or 
 advantage received or promised as a con- 
 sideration for it. It is not, however, the 
 less gratuitous if it proceed either from 
 gratitude for a benefit before received, or 
 from the hope of receiving one hereafter, 
 although such benefit be of a pecuniary na- 
 ture. Civ. Code La. .§ 1766. 
 
 (6) Hazardous contracts are those in 
 which the performance of that which is one 
 of its objects depends on an uncertain event. 
 Civ. Code La. art. 1769. 
 
 (7) Consensual contracts are those which 
 
 are formed by mere consent of the parties, 
 such as all contracts of hiring and mandate. 
 
 (8) Executed contracts are those in which 
 nothing remains to be done by either party 
 and where the transaction has been com- 
 pleted, or was completed at the time the con- 
 tract or agreement was made; as where an 
 article is sold and delivered, and payment 
 therefor is made on the spot. 
 
 (9) Executory contracts are those in 
 which some act remains to be done; as when 
 an agreement is made to build a house in 
 six months, to do an act before some future 
 day, to lend money upon a certain interest 
 payable at a future time, 
 
 A contract "executed" (which differs in 
 nothing from a grant) conveys a chose in 
 possession; a contract "executory" conveys 
 a chose in action. 2 Bl. Comm. 443. As to 
 the importance of grants considered as con- 
 tracts, see "Obligation of Contracts." 
 
 (10) Express contracts are those in which 
 the terms of the contract or agreement are 
 openly and fully uttered and avowed at the 
 
 ■time of making; as, to pay a stated price 
 for certain specified goods; to deliver an ox, 
 etc. 2 Bl. Comm. 443. 
 
 (11) Implied contracts are such as reason 
 and justice dictate, and which, therefore, 
 the law presumes that every man under- 
 takes to perform. Thus, if I employ a per- 
 son to do any business for me or perform 
 any work, or take up wares with a trades- 
 man, the law implies that I understood or 
 contracted to pay the real value of the ser- 
 vices or wares. 2 Bl. Comm. 443. These 
 contracts form the web and woof of actual 
 life. 1 Pars. Cont. 4. 
 
 There is one species of implied contract 
 which runs through and is annexed to all 
 other contracts, conditions, and covenants, 
 viz., that if I fail in my part of the agree- 
 ment, I shall pay the other party such dam- 
 ages as he has sustained by my neglect or 
 refusal. See "Quantum Meruit;" "Quantum 
 Valebat;" "Assumpsit;" Comyn, Dig. "Ac- 
 tion upon the Case upon Assumpsit" (A 1) ; 
 "Agreement." 
 
 (12) Independent contracts are those in 
 which the mutual acts or promises have no 
 relation to each other either as equivalents 
 or as considerations. Civ. Code La. art. 
 1762. 
 
 (13) Mixed contracts are those by which 
 one of the parties confers a benefit on the 
 other, receiving something of inferior value 
 in return, such as a donation subject to a 
 charge. 
 
 (14) Contracts of mutual interest are 
 such as are entered into for the reciprocal 
 interest and utility of each of the parties; 
 as sales, exchange, partnership, and the 
 like. 
 
 (15) Entire contracts kre. those whose 
 consideration is entire; divisible if the con- 
 sideration is apportioned, or if an appor- 
 tionment may be implied by law as to each 
 item to be performed. 40 Cal. 251. 
 
 (16) Severable (or separable) contracts 
 are those the considerations of which are by 
 
CONTRACT 
 
 225 
 
 CONTRACT 
 
 their terms susceptible of apportionment or 
 division on either side, so as to correspond 
 to the several parts or portions of the con- 
 sideration on the other side. 
 
 A contract to pay a person the worth of 
 his services as long as he will do certain 
 work, or so much per week as long as he 
 shall work,, or to give a certain price per 
 bushel for every bushel of so much corn 
 as corresponds to a sample, would be a 
 severable contract. If the part to be per- 
 formed by one party consists of several dis- 
 tinct and separate items, and the price to 
 be paid by the other is apportioned to each 
 item to be performed, or is left to be implied 
 by law, such a contract will generally be 
 held to be severable. So when the price to 
 be paid is clearly and distinctly apportioned 
 to different parts of what is to be performed, 
 although the latter is in its nature single 
 and entire. But the mere fact of sale by 
 weight or measure — i. e., so much per pound 
 or bushel — does not make a contract sever- 
 able. 
 
 (17) Simple contracts are those not of 
 specialty or record. They are the lowest 
 class of express contracts, and answer most 
 nearly to our general definition of contract. 
 
 To constitute a sufiScient parol agreement 
 to ■ be binding in law, there must be that 
 reciprocal and mutual assent which is neces- 
 sary to all contracts. They are by parol, 
 which includes both oral and written. The 
 only distinction between oral and written 
 contracts is in their mode of proof. And it 
 is inaccurate to distinguish verbal from 
 Written; for contracts are equally verbal 
 whether the words are written or spoken, — 
 the meaning of "verbal" being, "expressed" 
 in words." See 3 Burrows, 1670; 7 Term 
 R. 350, note; 11 Mass. 27, 30; 5 Mass. 299, 
 301; 7 Conn. 57; 1 Caines (N. Y.) 386. 
 
 (18) Specialties are those which are un- 
 der seal, as deeds and bonds. 
 
 Specialties are sometimes said to include 
 also contracts of record (1 Pars. Cont. 7), 
 in which case there would be but two classes 
 at common law, viz., specialties and simple 
 contracts. The term "specialty" is always 
 used substantively. 
 
 They are the second kind of express con- 
 tracts, under the ordinary common-law divi- 
 sion. They are not merely written, but 
 signed, sealed, and delivered by the party 
 bound. The solemnities connected with 
 these acts, and the formalities of witnessing, 
 gave in early times an importance and char- 
 acter to this class of contracts which implied 
 so much caution and deliberation (consid- 
 eration) that it was unnecessary to prove 
 the consideration even in a court of equity. 
 Plowd. 305; 7 Term R. 477; 4 Barn. & Adol. 
 652; 3 Bing. Ill; 1 Fonbl. Eq. 342, note. 
 Though little of the real solemnity now re- 
 mains, except witnessing, and a scroll is sub- 
 stituted in most of the states for the seal, 
 the distinction with regard to specialties has 
 still been preserved intact. See "Considera- 
 tion." 
 
 When a contract by specialty is changed 
 by a parol agreement, the whole contract 
 becomes parol. 2 Watts (Pa.) 451; 9 Pick. 
 (Mass.) 298; 13 Wend. (N. Y.) 71. 
 
 (19) Unilateral contracts are those in 
 which the party to whom the engagement is 
 made makes no express agreement on his 
 part. They are so called even in cases where 
 the law attaches certain obligations to his 
 acceptance. Civ. Code La. art. 1758. A 
 loan for use and a loan of money are of this 
 kind. Poth. Obi. pt. 1, c. 1, § 1, art. 2. 
 
 (20) Onerous contracts are those in which 
 something is given or promised as a con- 
 sideration for the engagement or gift, or 
 some service, interest, or condition is im- 
 posed on what is given or promised, al- 
 though unequal to it in value. 
 
 (21) Principal contracts are those en- 
 tered into by both parties on their own ac- 
 counts, or in the several qualities or char- 
 acters they assume. 
 
 (22) Real contracts are those in which 
 it is necessary that there should be some- 
 thing more than mere consent, such as a 
 loan of money, deposit, or pledge, which, 
 from their nature, require a delivery of the 
 thing (res). 
 
 (23) Reciprocal contracts are those by 
 which the parties expressly enter into mu- 
 tual engagements, such as sale, hire, and 
 the like. 
 
 (24) Contracts of record are those which 
 are evidenced by matter of record, such as 
 judgments, recognizances, and statutes 
 staple. These are the highest class of con- 
 tracts. Statutes merchant and staple, and 
 other securities of the like nature, are con- 
 fined to England. They are contracts en- 
 tered into by the intervention of some pub- 
 lic authority, and are witnessed by the high- 
 est kind of evidence, viz., matter of record. 
 4 Bl. Comm. 465. 
 
 (25) Verbal contracts are simple con- 
 tracts. 
 
 (26) Written contracts are those evi- 
 denced by writing. 
 
 In the Civil Law. Pothier's treatise 
 
 on Obligations, taken in connection with the 
 Civil Code of Louisiana, gives an idea of the 
 divisions of the civil law. Poth. Obi. pt. 1, 
 c. 1, § 1, art. 2, makes the five following 
 classes: Reciprocal and unilateral; consen- 
 sual and real; those of mutual interest, of 
 beneficence and mixed: principal and acces- 
 sory; those which are subjected by the civil 
 law to certain rules and forms, and those 
 which are regulated by mere natural jus- 
 tice. 
 
 It is true that almost all the rights of 
 personal property do in great measure de- 
 pend upon contracts of one kind or other, 
 or at least might be reduced under some of 
 them, which is vthe method taken by the 
 civil law. It has referred the greatest part 
 of the duties and rights of which it treats 
 to the head of obligations ex contractu or 
 quasi ex contractu. Inst. 3. 14. 2; 2 BL 
 Comm. 443. 
 
CONTRACTION 
 
 226 
 
 CONTRAT 
 
 CONTRACTION (Lat. con, together, traho, 
 to draw) . A form of a word abbreviated by 
 the omission of one or more letters. This 
 was formerly much practiced, but in modern 
 times has fallen into general disuse. Much 
 information in regard to the rules for con- 
 traction is to be found in the Instructor 
 Clericalis. 
 
 CONTRACTOR. One who enters into a 
 contract. Those who undertake to do public 
 work, or the work for a company or corpo- 
 ration on a large scale, at a certain fixed 
 price, or to furnish goods to another at a 
 nxed or ascertained price. 2 Pardessus, 
 note 300. See 5 Whart. (Pa.) 366, 
 
 CONTRACTUS BONAE FIDEI. In Ro- 
 man law, those contracts (e. g., emptio ven- 
 ditio) which admitted of equitable defenses 
 and other equitable consideration. They 
 were opposed to contracts stricti juris (e. g., 
 stipulatio) , which admitted no such equi- 
 table defenses or considerations, at least 
 until their original character was compelled 
 by statute to admit them. All the praetorian 
 contracts were contractus bonae fidei, but 
 some of the civiles contractus were also 
 bonae fidei. 
 
 CONTRACTUS CIVILES. In Roman law. 
 Those contracts (e. g., venditio) which were 
 actionable either in virtue of the old com- 
 mon law, or by virtue of any particular 
 statute. They were opposed to the con- 
 tractus praetorii which were actionable only 
 I through the aid of the praetor, who, for that 
 purpose, had to adopt the existing legal 
 forms of actions. 
 
 CONTRACTUS EST QUASI ACTUS CON- 
 tra actum. A contract is, as it were, act 
 against act. 2 Coke, 15. 
 
 CONTRACTUS EX TURPI CAUSA, VEL 
 contra bonos mores nullus est. A contract 
 founded on a base and unlawful considera- 
 tion, or against good morals, is null. Hob. 
 167; Dig. 2, 14. 27. 4. 
 
 CONTRACTUS LEGEM EX CONVEN- 
 tione acclpiunt. The agreement of the par- 
 ties makes the law of the contract. Dig. 16. 
 3. 1. 6. 
 
 CONTRADICT. In practice. To prove a 
 fact contrary to what has been asserted by 
 a witness. 
 
 CONTRADICTION IN TERMS. Express, 
 patent, inconsistency between parts of a 
 clause or of an instrument. 
 
 CONTRAESCRITURA. In Spanish law. 
 Counter letter. An instrument, usually exe- 
 cuted in secret, for the purpose of showing 
 that an act of sale, or some other public 
 instrument, has a different purpose from 
 that imported on its face. Acts of this 
 kind, though binding on the parties, have no 
 effect as to third persons. 
 
 CONTRAFACTIO (Lat.) Counterfeiting; 
 as, contrafactio sigilli regis, counterfeiting 
 the king's seal. Cowell; Reg. Orig. 42. See 
 "Counterfeit." ■ 
 
 CONTRAINTE PAR CORPS. In French 
 law. The civil process of arrest of the per- 
 son, which is imposed upon vendors falsely 
 representing their property to be unincum- 
 bered, or upon persons mortgaging property 
 which they are aware does not belong to 
 them, and in other cases of moral heinous- 
 ness. Brown. 
 
 CONTRALIGATIO. In old English law. 
 Counter obligation. Literally, counter bind- 
 ing. Est enim obligatio quasi contraligatio. 
 Fleta, lib. 2, c. 56, § 1. 
 
 CONTRAMANDATIO. A countermanding. 
 Contramandatio placiti, in old English law, 
 was the respiting of a defendant, or giving 
 him further time to answer, by counter- 
 manding the day fixed for him to plead, and 
 appointing a new day; a sort of impar- 
 lance. Cowell. 
 
 CONTRAMANDATUM. A lawful excuse, 
 which a defendant in a suit by attorney al- 
 leges for himself to show that the plaintiff 
 has no cause of complaint. Blount. 
 
 CONTRAPLACITUM. In old English law. 
 A counter plea. Towns. PI. 61. 
 
 CONTRAPOSITIO. In old English law. 
 A plea or answer. Blount. A counter posi- 
 tion. 
 
 CONTRARIENTS. This word was used 
 in the time of Edw. II. to signify those who 
 were opposed to the government, but were 
 neither rebels nor traitors. Jacob. 
 
 CONTRARIORUM CONTRARIA EST RA- 
 tlo. The reason of contrary things Is con- 
 trary. Hob. 344. 
 
 CONTRAROTULATOR (Fr. contrerouleur, 
 a controller). One whose business it was 
 to observe the money which the collectors 
 had gathered for the use of the king or the 
 people. Cowell. 
 
 CONTRAROTULATOR PIPAE. An officer 
 of the exchequer that writeth out summons 
 twice every year to the sheriffs to levy the 
 farms (rents) and debts of the pipe. Blount. 
 
 • CONTRAT. In French law. Contracts. 
 Contracts are of the following varieties: 
 
 (1) Bilateral, or synallagmatique, where 
 each party is bound to the other to do what 
 is just and proper. 
 
 (2) Unilateral, where the one side only 
 is bound. 
 
 (3) Commutatif, where one does to the 
 other something which is supposed to be an 
 equivalent for what the other does to him. 
 
 (4) Aleatoire, where the consideration for 
 the act of the one is a mere chance. 
 
 (5) Contrat de bienfaisance, where the 
 one party procures to the ' other a purely 
 gratuitous benefit. 
 
CONTRACTION 
 
 227 
 
 CONVENABLE 
 
 (6) Con*rat a titre onereux, where each 
 party is bound under some duty to the 
 other. Brown. 
 
 CONTRATALLIA. In old English law, A 
 counter tally. A term used in the exche- 
 quer. Mem. in Scacc. M. 26 Edw. I. 
 
 CONTRATENERE. To hold against; to 
 withhold. Whishaw. 
 
 CONTRAVENTION. In French law. An 
 act which violates the law, a treaty, or an 
 agreement which the party has made. That 
 infraction of the law punished by a fine 
 which does not exceed fifteen francs, and 
 by an imprisonment not exceeding three 
 days. 
 
 CONTRE MAITRE. In French law. The 
 second ofiicer in command of a ship; the 
 officer next in command to the master, and 
 under him. His business is said to relate 
 to providing fit things for the navigation 
 of the vessel before the voyage, — ropes, 
 sails, anchors, etc.; to attending to its con- 
 dition through the voyage, reporting each 
 day to the master, and attending to the 
 anchoring and security of the vessel at the 
 end of the voyage. Ord. de la Marine de 
 ■ 1681, liv. 2. He is always to execute, day 
 or night, the commands of the master, and 
 represents the master in his sickness or ab- 
 sence. Guyot, Rep. Univ. 
 
 CONTRECTARE (Lat.) 
 
 In Civil -Law. To handle; to take hold 
 
 of; to meddle with. 
 
 In Old Engllsli Law. To treat. Vel 
 
 male contrectet, or shall ill treat. Fleta, 
 lib. 1, c. 17, § 4. 
 
 CONTRECTATIO. In civil law. The re- 
 moval of a thing from its place, amount- 
 ing to a theft. The offense is purged by a 
 restoration of the thing taken. Bowyer, 
 Comm. 268. 
 
 CONTRECTATIO REI ALIENAE ANIMO 
 furandi, est furtum. The touching or remov- 
 ing of another's property, with an intention 
 of stealing, is theft. Jenk. Cent. Cas. 132. 
 
 CONTREFACON. In French law. The of- 
 fense of those who print or cause to be 
 printed, without lawful authority, a book of 
 which the author or his assigns have a copy- 
 right. Merlin, Repert. 
 
 CONTRIBUTION. 
 
 At Common Law. The payment by 
 
 each or any one of several parties who are 
 liable, in company with others, of his pro- 
 portionate part of the whole liability or 
 loss, to one or more of the parties so liable 
 upon whom the whole loss has fallen, or 
 who has been compelled to discharge the 
 whole liability. 1 Bibb (Ky.) 562; 4 Johns. 
 Ch. (N. Y.) 545; 4 Bouv. Inst, note 3935. 
 
 In Civil Law. A partition by which the 
 
 creditors of an insolvent debtor divide 
 among themselves the proceeds of his prop- 
 
 erty proportionably to the amount of their 
 respective credits. Civ. Code La. art. 2522, 
 note 10. It is a division pro rata. Merlin, 
 Repert. , , . 
 
 -~-ln Maritime Law. Average {q. v.) 
 
 CONTRIBUTORY NEGLIGENCE. Fail- 
 ure of one injured by the negligence of an- 
 other to use ordinary care, which failure is 
 a concurrent cause with that of such other 
 person in producing the injury. 
 
 CONTROLLER. A comptroller (g. v.) 
 
 CONTROLMENT. In old English law. 
 The controlling or checking of another offi- 
 cer's account; the keeping of a counter roll. 
 Sometimes called "contra roUment." 
 
 CONTROVER. One who Invents false 
 news. Coke, 2d Inst. 227. 
 
 CONTROVERSY.' A dispute arising be- 
 tween two or more persons. It differs from 
 case, which includes all suits, criminal as 
 well as civil; whereas controversy is a civil, 
 and not a criminal, proceeding. 2 Dall. (U. 
 S.) 419, 431, 432; 1 Tucker, Bl. Comm. App. 
 420, 421; Story, Const. § 1668. 
 
 CONTUBERNIUM. In civil law. A mar- 
 riage between persons of whom one or both 
 were slaves. Poth. Cent. pt. 1, c. 2, § 4. 
 
 CONTUMACY (Lat. contumacia, disobedi- 
 ence) . The refusal or neglect of a party ac- 
 cused to appear or answer to a charge pre- 
 ferred against him in a court of justice. 
 Chiefly used in ecclesiastical courts; "con- 
 tempt" being used in the civil courts. 
 
 Actual contumacy is the refusal of a party 
 actually before the court to obey some order 
 of the court. 
 
 Presumed contumacy is the act of refus- 
 ing or declining to appear upon being cited. 
 3 Curt. Ecc. 1. 
 
 CONTUMAX. One accused of a crime who 
 refuses to appear and answer to the charge; 
 an outlaw. 
 
 CONTUSION. In medical jurisprudence. 
 An injury or lesion, arising from the shock 
 of a body with a large surface, which pre- 
 sents no loss of substance, and no apparent 
 wound. If the skin be divided, the injury 
 takes the name of a contused wound. See 
 1 Chanc. Prac. 38; 4 Car. & P. 381, 487, 558, 
 565; 6 Car. & P. 684; 2 Beck, Med. Jur. 178. 
 
 CONTUTOR (Lat.) In civil law. A co- 
 tutor, or co-guardian. Inst. 1. 24. 1. 
 
 CONUSANCE, CLAIM OF. See "Cogni- 
 zance." 
 
 CONUSANT. One who knows; as, if a 
 party knowing of an agreement in which he 
 has an interest makes no objection to it, 
 he is said to be conusant. Co. Litt. 157. 
 
 CONUSOR. A cognizor. 
 
 CONVENABLE, In old English law. Suit- 
 able; agreeable; convenient; fitting. Litt. 
 § 103; Cowell. 
 
CONVENE 
 
 228 
 
 CONVERSION 
 
 CONVENE. In civil law. To bring an 
 action, 
 
 CONVENT. The fraternity of a religious 
 house, as of an abbey or priory. The word 
 though in common usage restricted to com- 
 panies of women, properly embraces com- 
 panies of either men or women living to- 
 gether in the discipline of a religious or- 
 der, either monks or nuns. 
 
 The house occupied by such a community, 
 a monastery or nunnery; an abbey {q. v.) 
 
 CONVENTICLE. A private assembly of a 
 few folks under pretense of exercise of re- 
 ligion. The name was first given to the 
 meetings of Wickliffe, but afterwards ap- 
 plied to the meetings of the nonconform- 
 ists. Cowell. The meetings were made il- 
 legal by 16 Car. II. c. 4, and the term, in 
 its later signification, came to denote an un- 
 lawful religious assembly. 
 
 CONVENTIO (Lat. a coming together). 
 
 In Canon Law. The act of summoning 
 
 or calling together the parties by summon- 
 ing the defendant. When the defendant was 
 brought to answer, he was said to be con- 
 vened, which the canonists called conven- 
 tio, because the plaintiff and defendant met 
 to contest. Story, Eq. PI. 402; 4 Bouv. 
 Inst, note 4117. 
 
 In Contracts. An agreement; a cove- 
 nant. Cowell. Often used in the maxim 
 conventio vincit legem, the express agree- 
 ment of the parties supersedes the law. 
 Story, Ag. § 368. But this maxim does not 
 apply, it is said, to prevent the application 
 of the general rule of law. Broom, Leg. 
 Max. 308. 
 
 CONVENTIO PRIVATORUM NON PO- 
 test publico juri derogare. An agreement of 
 private persons cannot derogate from pub- 
 lic right. Wingate, Max. p. 746, max. 201; 
 Co. Litt. 166a; Dig. 50. 17. 45. 1. 
 
 CONVENTIO VINCIT LEGEM. The agree- 
 ment of the parties overcomes or prevails 
 against the law. Story, Ag. § 368; 6 Taunt. 
 430. See Dig. 16. 3. 1. 6. 
 
 CONVENTION. 
 
 In Civil Law. A general term which 
 
 comprehends all kinds of contracts, treaties, 
 pacts, or agreements. The consent of two 
 or more persons to form with each other 
 an engagement, or to dissolve or change one 
 which they had previously formed. Domat, 
 Civ. Law; Dig. 2. 14. 1, 1; Bouv. Inst, note 
 100. 
 
 In Legislation. This term is applied 
 
 to a meeting of the delegates elected by the 
 people for other purposes than usual legis- 
 lation. It is mostly used to denote an as- 
 sembly to make or amend the constitution 
 of a state; but it sometimes indicates an as- 
 sembly of the delegates of the people to 
 nominate officers to be supported at an elec- 
 tion. 
 
 CONVENTIONAL. Arising from, and de- 
 pendent upon, the act of the parties, as dis- 
 
 tinguished from "legal," which is something 
 arising from act of law. 2 Bl. <Comm. 120. 
 
 CONVENTIONAL ESTATES. Those es- 
 tates for life which are expressly created 
 by the act of the parties, as distinguished 
 from legal estates, or those which are creat- 
 ed by operation of law. 2 Bl. Comm. 120. 
 
 CONVENTIONE. The name of a writ for 
 the breach of any covenant in writing, 
 whether real or personal. Keg. Orig. 115; 
 Fitzh. Nat. Brev. 145. 
 
 CONVENTUAL CHURCH. In ecclesias- 
 tical law. That which consists of regular 
 clerks, professing some order or religion; 
 or of dean and chapter; or other societies 
 of spiritual men. 
 
 CONVENTUALS. Religious men united 
 in a convent or religious house. Cowell. 
 
 CONVENTUS (Lat. convenire). An as- 
 sembly; conventus magnatum vel procenim, 
 an assemblage of the chief men or nobility; 
 a name of the English parliament. 1 Shars- 
 wood, Bl. Comm. 148. 
 
 In Civil Law. A contract made be- 
 tween two or more parties. 
 
 A multitude of men, of all classes, gath- 
 ered together. 
 
 A standing in a place to attract a crowd. 
 
 A collection of the people by the magis- 
 trate to give judgment. Calv. Lex. 
 
 CONVENTUS JURISDICUS. A Roman pro- 
 vincial court for the determination of civil 
 causes. 
 
 CONVERSANT. One who is in the habit 
 of being in a particular place is said to be 
 conversant there. Barnes, 162, 
 
 Acquainted; familiar. 
 
 CONVERSANTES. In old English law. 
 Conversant or dwelling; commorant. 2 Inst. 
 122. 
 
 CONVERSION (Lat. eon, with, together, 
 vertere, to turn; conversio, a turning to, 
 with, together). 
 
 In Equity. The exchange of one spe- 
 cies of property for another, which takes 
 place under some circumstances in the con- 
 sideration of the law, although no such 
 change has actually taken place. 
 
 Land is held to be converted into money, 
 in equity, when the owner has contracted 
 to sell; and if he die before making a con- 
 veyance, his executors will be entitled to 
 the money, and not his heirs. 2 Vern. 52; 1 
 W. Bl. 129. 
 
 Money may be held to be converted into 
 land under various circumstances; as where, 
 for example, a man dies before a convey- 
 ance is made to him of land which he has 
 bought. 10 Pet. (U. S.) 563; Bouv. Inst. 
 Index. 
 
 At Law. An unauthorized assumption 
 
 and exercise of the right of ownership over 
 goods or personal chattels belonging to an- 
 other, to the alteration of their condition, or 
 
CONVERTIBLE COUPON BONDS 229 
 
 CONVICTION 
 
 the exclusion of the owner's rights. 44 Me. 
 197; 36 N. H. 311. 
 
 A constructive conversion takes place 
 when a person does such acts in reference to 
 the goods or personal chattels of another as 
 amount, in view of the law, to appropriation 
 of the property to himself. 1 Kelly (Ga.) 
 381. 
 
 A direct conversion takes place when a 
 person actually appropriates the property 
 of another to his own beneficial use and en- 
 joyment, or to that of a third person, or de- 
 stroys it, or alters its nature. 27 Mich. 454. 
 
 CONVERTIBLE COUPON BONDS. "Con- 
 vertible coupon bonds" have been defined as 
 coupon bonds which expressly provide that 
 they may, at the option of the holder, be 
 converted into registered bonds. However, 
 bonds are often referred to as "convertible" 
 bonds where what is meant is that they pro- 
 vide that they may be converted into stock 
 of the corporation, under certain conditions. 
 2 Fletcher Cyclopedia Corporations 1919. 
 
 CONVEY. The use of the word "convey" 
 is equivalent to a grant at common law, and 
 passes the title, importing a transfer of 
 title from one person to another. 153 111. 
 510. 
 
 CONVEYANCE. The transfer of the title 
 of land from one person or class of per- 
 sons to another. 
 
 The instrument for effecting such trans- 
 fer. 
 
 It is a general term, and comprehends 
 the several modes of passing title to real 
 estate. 54 Miss. 90. 
 
 Every instrument in writing by which any 
 estate or interest in land is created, aliened, 
 or mortgaged, or by which the title to land 
 may be affected at law or in equity, except 
 lost wills and testaments, leases for not to 
 exceed three years, and executory contracts 
 for the purchase or sale of land. 1 Rev. St. 
 N. Y. p. 762, § 38. 
 
 CONVEYANCE OF VESSELS. The trans- 
 fer of the title to vessels. 
 
 CONVEYANCER. One who makes it his 
 business to draw deeds of conveyance of 
 lands for others. 1 Bouv. Inst, note 2422. 
 They frequently act as brokers for the sale 
 of estates and obtaining loans on mortgage. 
 
 CONVEYANCING. A term including both 
 the science and act of transferring titles to 
 real estate from one man to another. It 
 includes the examination of the title of the 
 alienor, and also the preparation of the in- 
 struments of transfer. It is, in England 
 and Scotland, and, to a greatly inferior ex- 
 tent, in the United States, a highly artificial 
 system of law with a distinct class of prac- 
 titioners. A profound and elaborate treatise 
 on the English law of conveyancing is Mr. 
 Preston's. Geldart and Thornton's works 
 are important works; and an interesting 
 and useful summation of the American law 
 is given in Washburn on Real Property. 
 
 CONVEYANCING COUNSEL. By Ax!t 15 
 
 6 16 Vict. c. 80, § 41, the lord chancellor is 
 empowered to appoint not less than six bar- 
 risters, who have practiced as conveyanc- 
 ing counsel for ten years at least, to be 
 conveyancing counsel of the court of chan- 
 cery, and the opinion of any of them may be 
 received and acted on by the court or by a 
 judge at chambers in the investigation of 
 the title to an estate, or in the settlement 
 of a draft, conveyance, mortgage, etc. Dan- 
 iell, Ch. Pr. 1046. By the judicature act of 
 1873 (section 77) they were transferred to 
 the supreme court. 
 
 CONVICIA SI IRASCARIS TUA DIVUL- 
 gas; spreta exolescunt. It you be moved to 
 anger by insults, you publish them; if de- 
 spised, they are forgotten. 3 Inst. 198. 
 
 CONVICIUM. In civil law. The name of 
 a species of slander or injury uttered in 
 public, and which charged some one with 
 some act contra bonos mores. Vicat: Bac. 
 Abr. "Slander." 
 
 CONVICT. One who has been condemned 
 by a competent court; one who has been 
 convicted of a crime or misdemeanor. 
 
 To condemn; to find guilty of a crime or 
 misdemeanor. 4 Bl, Comm. 362. 
 
 CONVICTED. A Statute relative to the 
 disqualification of those "convicted" of cer- 
 tain crimes, refers to the judgment of the 
 court in a criminal case on the verdict of 
 guilty, and not merely to the verdict. 51 
 111. 314. 
 
 CONVICTION (Lat. eonvictio; from con, 
 with, and vincere, to bind). In practice. 
 That legal proceeding of record which as- 
 certains the guilt of the party, and upon 
 which the sentence or judgment is founded. 
 
 7 Man. & G. 504. 
 
 Finding a person guilty by verdict of a 
 jury. 1 Bish. Crim. Law, § 223. 
 
 A record of the summary proceedings up- 
 on any penal statute before one or more 
 justices of the peace or other persons duly 
 authorized, in a case where the offender 
 has been convicted and sentenced. Holt- 
 house. 
 
 The first of the definitions here given un- 
 doubtedly represents the accurate meaning 
 of the term, and includes an ascertainment 
 of the guilt of the party by an authorized 
 magistrate in a summary way, or by con- 
 fession of the party himself, as well as by 
 verdict of a jury. The word is also used in 
 each of the other senses given. It is said 
 to be sometimes used to denote final judg- 
 ment. Dwarr. St. (2d Ed.) 683. And a final 
 judgment is usually held essential to convic- 
 tion. 69 N. Y. 107; 99 .Mass. 420. 
 
 Summary conviction is one which takes 
 place before an authorized magistrate or in- 
 ferior court, without the intervention of a 
 common-law jury, or not according to the 
 course of a common-law prosecution. 
 
CONVINCING 
 
 230 
 
 COPARCENARY, ESTATES IN 
 
 CONVINCING. OTercoming by reason, ar- 
 gument, evidence; causing to believe. 
 
 When one is convinced he cannot be more 
 convinced. If evidence is convincing, it is 
 suflBcient in any case, and to say ir ought 
 to be more convincing in one case than an- 
 other, is giving to the word degrees of 
 comparison when the word itself is super- 
 lative. 57 Wis. 626. 
 
 "Convincing proof" may be said to mean 
 that degree of certainty required to sus- 
 tain a given postulate. 89 Me. 442. 
 
 CONVIVIUM. A lay tenure, whereby a 
 
 tenant is bound to provide meat and drink 
 
 for his lord once or oftener in the year. 
 
 The same as procn/ratio with the clergy. 
 
 -Blount, 
 
 CONVOCATION (Lat. eon, together, voco, 
 to call). In ecclesiastical law. The gen- 
 eral assembly of the clergy to consult upon 
 ecclesiastical matters. 
 
 The clergy were always summoned at the 
 commencement of each parliament. They 
 themselves constituted a parliament, with a 
 higher and lower house of convocation; the 
 higher including the bishops and archbish- 
 ops ; the lower, the rest of, the clergy. It is 
 still summoned before each parliament pro 
 forma, preserving the ancient custom, but 
 adjourns without transacting any business. 
 2 Steph. Comm. 542; 2 Burn, Ecc. Law, 18 
 et seq. 
 
 CONVOY. A naval force, under the com- 
 mand of an officer appointed by government, 
 for the protection of merchant ships and 
 others, during the whole voyage, or such 
 part of it as is known to require such pro- 
 tection. Marsh. Ins. bk. 1, c. 9, § 5; Park, 
 Ins. 388. 
 
 Warranties are sometimes inserted in pol- 
 icies of insurance that the ship shall sail 
 with convoy. To comply with this war- 
 ranty, five things are essential: First, the 
 ship must sail with the regular convoy ap- 
 pointed by the government; secondly, she 
 must sail from the place of rendezvous ap- 
 pointed by the government; thirdly, the con- 
 voy must be for the voyage; fourthly, the 
 ship insured must have sailing instructions; 
 fifthly, she must depart and continue with 
 the convoy till the end of the voyage, un- 
 less separated from it by necessity. Marsh. 
 Ins. bk. 1, c. 9. § 5. 
 
 CO-OBLIGOR. One who Is bound together 
 with one or more others to fulfill an obli- 
 gation. As to suing co-obligors, see "Par- 
 ties;" "Joinder, etc." 
 
 COOL AND SWEET OATS. A name given 
 in the grain markets and among grain deal- 
 ers to a certain grade of oats for which it 
 was required only that the grain be sound 
 and arrive at its destination "cool" and 
 sweet," regardless of whether it is damp, 
 unclean, 6r light in weight, or even whether 
 It is so defective and faulty that it will not 
 fill the requirements of any grade. 52 111. 
 App. 217. 
 
 COOL BLOOD. Tranquillity, or calmness; 
 the condition of one who has the calm and 
 undisturbed use of his reason. In cases of 
 homicide, it frequently becomes necessary 
 to ascertain whether the act of the person 
 killing was done in cool blood or not, in or- 
 der to ascertain the degree of his guilt. 
 
 COOLING TIME. In criminal law. Time 
 for passion to subside and reason to inter- 
 pose. Cooling time destroys the effect of 
 provocation, leaving homicide murder, the 
 same as if no provocation had been given. 1 
 Russ. Crimes, 525; Whart. Hom. 179; 3 
 Grat. (Va.) 594. 
 
 CO-OPERATION. The act of working to- 
 gether to a common end or for a certain 
 Purpose. The word is used in this sense in 
 he law of maritime capture. 
 
 "Co-operation," which will give a title to 
 booty, must directly tend to produce the cap- 
 ture in question. 35 L. J. Adm. 17. 
 
 And it is used in the like sense in the law 
 of patents to express the working together 
 of the parts of a machine, etc., not (of neces- 
 sity) simultaneously, but unitedly. 
 
 "The courts do not mean merely acting 
 together or simultaneously, but unitedly, to 
 a common end, — a unitary result. _ Each and 
 every part must have its subfunction to per- 
 form, and each must have a certain rela- 
 tion to or dependence upon the other." 82 
 Fed. 444. 
 
 It is used also in the same general sense 
 in the law of master and servant as another 
 expression of what is meant by habitual as- 
 sociation or consociation. 
 
 "Whether the co-operation is in a parti- 
 cular business in the same line of employ- 
 ment, or there is habitual association in the 
 performance of duties, in either case tie sit- 
 uation of the parties must be such that they 
 may exercise a mutual influence upon each 
 other promotive of proper caution." 182 111. 
 548. 
 
 CO-OPERTIO (Law Lat. from co-operire, 
 to cover). In old English law. A covering, 
 or exterior coat, as the bark of a tree, pow- 
 ell. Quercus discooperta, an oak stripped 
 of its bark, or debarked. Id. 
 
 CO-OPERTUM, or CO-OPERTURA (Law 
 Lat. from co-operire, to cover). In forest 
 l^w. A covert; a thicket {dumetum) or 
 shelter for wild beasts in a forest. Cart, 
 de Foresta, c. 12; Reg. Orig. 258; Spelman. 
 Extra eo-opertum forestae, without the cov- 
 ert of the forest. Fleta, lib. 2, c. 41, § 2. 
 
 COPARCENARY, ESTATES IN. Estates 
 of which two or more persons form one 
 heir. 1 Washb. Real Prop. 414. 
 
 The title to such an estate is always by 
 descent. The shares of the tenants need 
 not be equal. The estate is rare in America, 
 but sometimes exists. 3 Ind. 360; 4 Grat 
 (Va.) 16; 17 Mo. 13; 3 Md. 190. See Wat- 
 kins, Conv. (Coventry Ed.) 145. 
 
COPARCENERS 
 
 231 
 
 CORAM PARIBUS 
 
 COPARCENERS. Persons to whom an es- 
 tate of inheritance descends jointly, and 
 by whom it is held as an entire estate. 2 
 Bl. Comm. 187. 
 
 In the old English and the American 
 sense, the term includes males as well as 
 females, but in the modem English use is 
 limited to females. 4 Kent, Comm. 462; 2 
 Bouv. Inst, note 1781. 
 
 COPARTICEPS. In old English law. A 
 coparcener. Co. Entr. 377, 711. 
 
 COPARTNER. One who is a partner with 
 one or more other persons; a member of a 
 partnership {q. v.) 
 
 COPARTNERSHIP. A partnership (q. v.) 
 
 COPARTNERY. In Scotch law. The con- 
 tract of copartnership; a contract by which 
 the several partners agree concerning the 
 communication (sharing) of loss or gain, 
 arising from the subject of the contract. 
 Bell, Diet. 
 
 COPE, or COPPE (Saxon). A hill. Co. 
 Litt. 4b. 
 
 The top or summit of a thing, as of a 
 house. Cowell. 
 
 A tribute paid out of lead mines in Eng- 
 land. Blount. 
 
 COPEMAN, or COPESMAN. A chapman 
 (q. V.) 
 
 CO PES MATE. A merchant; a partner In 
 merchandise. 
 
 COPIA (Lat.) In civU and old Etaglish 
 law. Opportunity or means of access. 
 
 COPIA VERA. In Scotch practice. A true 
 copy; words written at the top of copies 
 of instruments. 3 How. St. Tr. 427, 430, 
 432. 
 
 COPPA. In English law. A crop or cock 
 of grass, hay, or corn, divided into titheable 
 portions, that it may be more fairly and 
 justly tithed. Wharton. 
 
 COPPICE, or COPSE. A small wood, con- 
 sisting of underwood, which may be cut at 
 twelve or fifteen years' growth for fuel. 
 
 COPULA. Sexual intercourse; the con- 
 summation of marriage. 
 
 COPULATIO VERBORUM INDICAT AC- 
 ceptatlonem in eodem sensu. Coupling words 
 together shows that they ought to be under- 
 stood in the same sense. Bac. Max. reg. 3; 
 Broom, Leg. Max. (3d London Ed.) 523. 
 
 COPULATIVE TERM. One which Is placed 
 between two or more others to join them 
 together. 
 
 COPY. A true transcript of an original 
 writing. 
 
 Exemplifications are copies verified by the 
 great seal or by the seal of a cotirt. 1 Gilb. 
 Ev. 19. 
 
 Examined copies are those which have 
 been compared with the original, or with 
 an ofiicial record thereof. 
 
 Office copies are those made by officers in- 
 trusted with the originals, and authorized 
 for that purpose. 
 
 COPYHOLD. A tenure by copy of court- 
 roll; any species of holding by particular 
 custom of the manor; the estate so held. 
 
 COPYHOLDER. A tenant by copyhold ten- 
 ure (by copy of court roll). 2 Bl. Comm. 
 95. 
 
 COPYRIGHT, The exclusive privilege, se- 
 cured according to certain legal forms, of 
 printing, publishing, and vending copies of 
 writings or drawings. 14 How. (U. S.) 530. 
 
 Literally the word "copyright" means 
 the right to copy a work or the right to the 
 copy. 238 111. 442. 
 
 CORAAGIUM. Measures of com. An un- 
 usual and extraordinary tribute, arising 
 only on special occasions. They are thus 
 distinguished from services. Mentioned in 
 connection with hidage and carvage. Blount. 
 
 CORAM IPSO REGE (Lat.) Before the 
 king himself. Proceedings in the court of 
 king's bench are said to be coram rege ipso. 
 3 Bl. Comm. 41. 
 
 CORAM JUDICE. A cause is "coram Ju- 
 dice" whenever a case is presented which 
 brings into action the power of jurisdiction. 
 139 111. 516. 
 
 CORAM NOBIS. A writ of error on a 
 judgment in the king's bench is called a 
 coram nobis, before us. So called because 
 the record and proceedings were stated in 
 the writ to remain "before us." 1 Archb. 
 Prac. 234. 
 
 In Modern Practice. A writ of error 
 
 for a review before the same court which is 
 alleged to have committed the error. 
 
 The writ of error coram, nobis has been 
 quite largely supplanted, under statutes, in 
 most states, errors of fact being now re- 
 viewable on motion. 
 
 CORAM NON JUDICE. Acts done by a 
 court which has no jurisdiction either over 
 the person, the cause, or the process, are 
 said to be coram, non judice. 1 Conn. 40. 
 Such acts have no validity. If an act is 
 required to be done before a particular per- 
 son, it would not be considered as done be- 
 fore him if he were asleep or non compos 
 mentis. 5 Har. & J. (Md.) 42; 8 Cranch 
 (U. S.) 9; Paine (U. S.) 55; 1 Prest. Conv. 
 266. 
 
 CORAM PARIBUS. Before the peers or 
 freeholders. The attestation of deeds, like 
 all other solemn transactions, was originally 
 done only coram paHbiis. 2 Bl. Comm. 307. 
 Coram paribus de vicineto, before the peers 
 or freeholders of the neighborhood. Id. 815. 
 
CORAM SECTATORIBUS 
 
 232 
 
 CORPORAL 
 
 CORAM SECTATORIBUS. Before the suit- 
 ors. Cro. Jac. 582. 
 
 CORAM VOBIS. A writ of error on judg- 
 ments of other courts than the king's bench. 
 2 Tidd, Prac. 1056, 1137. So called because 
 the record was stated to remain "before 
 you," i. e., before the justices of king's 
 bench. 
 
 In Modern Practice. A writ of error 
 
 for a review in a higher court than that al- 
 leged to have committed error. 
 
 CO-RESPONDENT. In England, where a 
 husband brings a suit against his wife 
 charging her vdth adultery, the alleged 
 adulterer must, as a rule, be made a party 
 to the petition as a co-respondent. If the 
 adultery is proved, the court may order him 
 to pay damages to the husband. The term 
 is sometimes applied in the United States 
 to the alleged adulterer, though the prac- 
 tice of joining him does not obtain. Browne, 
 Div. 143, 204; 20 & 21 Vict. c. 85, §§ 28, 33. 
 See "Adultery;" "Dissolution." 
 
 CORiUM FORFISFACERE. To forfeit 
 one's skin; applied to a person condemned 
 to be whipped; the ancient punishment of 
 a servant. 
 
 CORN LAWS. Laws regulating the trade 
 in breadstuffs. 
 
 The object of corn laws is to secure a 
 regular and steady supply of the great sta- 
 ples of food; and for this object the means 
 adopted in different countries and at dif- 
 ferent times widely vary, sometimes involv- 
 ing restriction or prohibition upon the ex- 
 port, and sometimes, in order to stimulate 
 production, offering a bounty upon the ex- 
 port. Of the former character was the fa- 
 mous system of corn laws of England, ini- 
 tiated in 1773 by Mr. Burke, and repealed 
 in 1846 under Sir Robert Peel. 
 
 CORN RENTS. Rents reserved in corn, — 
 that is, in wheat or malt. Proportions of 
 rents on college leases (being one-third), 
 directed by St. 18 Eliz. c. 6, to be reserved 
 in wheat or malt. 3 Steph. Comm. 141, 142; 
 2 Bl. Comm. 322. 
 
 CORNAGE. A species of tenure in Eng- 
 land, by which the tenant was bound to 
 blow a horn for the sake of alarming the 
 country on the approach of an enemy. Bac. 
 Abr. "Tenure" (N). 
 
 CORNER. A term used in the stock mar- 
 ket, meaning cases where a purchaser suc- 
 ceeds in buying for future delivery more 
 property of a given kind than is possible 
 for the seller to deliver before the day of 
 maturity of the contract. 168 111. 91; ISO 
 111. 84, 
 
 CORNET. A commissioned ofiacer in a 
 regiment of calvary. 
 
 CORODIUM. In old English law. A cor- 
 ody. 
 
 CORODY. An allowance of meat, drink, 
 money, clothing, lodging, and such like 
 necessaries for sustenance. 1 Bl. Comm. 
 282 ; 1 Chit. Prac. 225. An allowance from 
 an abbey or house of religion, to one of the 
 king's servants who dwells therein, of meat 
 and other sustenance. Fitzh. Nat. Brev. 
 230. 
 
 An assize law for a corody. Cowell. Coro- 
 dies are now obsolete. Coke, 2d Inst. 630; 
 2 Sharswood, Bl. Comm. 40. 
 
 CORONA MALA. In old English law. The 
 clergy who abuse their character were so 
 called. Blount. 
 
 CORONARE. In old records. To give the 
 tonsure, which was done on the crown, or 
 in the form of a crown; to make a man a 
 priest. Cowell. 
 
 CORONARE FILIUM. To make one's son 
 a priest. Homo coronatus was one who had 
 received the first tonsure, as preparatory to 
 superior orders, and the tonsure was in 
 form of a corona, or crown of thorns. Cow- 
 ell. 
 
 CORONATOR (Lat.) A coroner (q. v.) 
 Spelman. 
 
 CORONER. An officer whose principal 
 duty it is to hold an inquisition, with the 
 assistance of a jury, over the body of any 
 person who may have come to a violent 
 death, or who has died in prison. 
 
 It is his duty also, in case of the death 
 of the sheriff, or his incapacity, or when a 
 vacancy occurs in that ofiice, to serve all the 
 writs and processes which the sheriff is usu- 
 ally bound to serve. 20 Ga. 336; 11 Tex. 
 284; 14 Ala. (N. S.) 326; 10 Humph. 
 (Tenn.) 346; 1 Sharswood, Bl. Comm. 349. 
 
 The chief justice of the king's bench is 
 the sovereign or chief coroner of all Eng- 
 land, -though it is not to be understood that 
 he performs the active duties of that office 
 in any one county. 4 Coke, 57b; Bac. Abr.; 
 3 Comyn, Dig. 242; 5 Comyn, Dig. 212. 
 
 It is also his duty to inquire concerning 
 shipwreck, and to find who has possession 
 of the goods; concerning treasure trove, 
 who are the finders, and where the property 
 is. 1 Sharswood, ~B1. Comm. 349. 
 
 The office has lost much of the honor 
 which formerly appertained to it, but the 
 duties are of great consequence to society, 
 both for bringing murderers to punishment, 
 and protecting innocent persons from accu- 
 sation. It may often happen that the im- 
 perfections of the early examination enable 
 one who is undoubtedly a criminal to es- 
 cape. It is proper, in most cases of homi- 
 cide, to procure the examination to be made 
 by a physician, and in many cases it is his 
 duty. 4 Car. & P. 571. 
 
 CORPORAL (Lat. corptts, body) . Bodily; 
 relating to the body; as, corporal punish- 
 ment. 
 
 A noncommissioned officer of the lowest 
 grade in an infantry company. 
 
CORPORALE SACRAMENT UM 
 
 233 
 
 CORPORATION 
 
 Corporal Oath. An oath which the 
 
 party takes, laying his hand on the Gospels, 
 Cowell. It is now held to mean solemn oath. 
 1 Ind. 184. 
 
 Corporal Touch. Actual, bodily con- 
 tact with the hand. 
 
 It was once held that, before a seller of 
 personal property could be said to have 
 stopped it in transitu, so as to regain the 
 possession of it, it was necessary that it 
 should come to his corporal touch, but the 
 contrary is now settled. These words were 
 used merely as a figurative expression. 3 
 Term R. 464; 5 East, 184. 
 
 CORPORALE SACRAMENTUM. In old 
 English law. A corporal oath. 
 
 CORPORALIS INJURIA NON RECIPIT 
 aestimationem de futuro. A personal injury 
 does not receive satisfaction from a future 
 course of proceeding. Bac. Max. reg. 6; 3 
 How. St. Tr. 71; Broom, Leg. Max. (3d 
 London Ed.) 254. 
 
 CORPORATION (Lat. corpus, a body). A 
 franchise possessed by one or more individ- 
 uals, who subsist as a body politic under a 
 special denomination, and are vested, by the 
 policy of the law, with the capacity of per- 
 petual succession, and of acting in several 
 respects, however numerous the association 
 may be, as a single individual. 2 Kent, 
 Comm. 267. 
 
 "A corporation is a body, or artificial per- 
 son, consisting of one or more individuals, 
 or sometimes of individuals and other cor- 
 porations created by law, and invested by 
 the law with certain legal capacities, as the 
 capacity of succession, and the capacity to 
 sue and be sued, to make contracts, to take, 
 hold, and convey property, to commit torts 
 and crimes, and to do other acts, however 
 numerous its members may be, like a single 
 individual." Clark & Marshall, Corp. 2. 
 
 A body, consisting of one or more natural 
 persons, established by law, usually for 
 some specific purpose, and continued by a 
 succession of members. 
 _ It is this last characteristic of a corpora- 
 ■ tion, sometimes called its immortality, pro- 
 longing its existence beyond the term of 
 natural life, and thereby enabling a long- 
 continued effort and concentration of means 
 to the end which it was designed to an- 
 swer, that constitutes its principal utility. 
 A corporation is modelled upon a state or 
 nation, and is to this day called a body po- 
 litic, as well as coj:porate, thereby indicating 
 its origin and derivation. Its earliest form 
 was, probably, the municipality or city, 
 which necessity exacted for the control or 
 local police of the marts and crowded places 
 of the state or empire. The combination of 
 the commonalty in this form for local gov- 
 ernment became the earliest bulwark 
 against despotic power, and a late philo- 
 sophical historian traces to the remains and 
 remembrance of the Roman municipia the 
 formation of those elective governments of 
 towns and cities in modem Europe, which, 
 
 after the fall of the Roman empire, con- 
 tributed so largely to the preservation of 
 order, and to the protection of the rights 
 of life and property as to become the foun- 
 dation of modern liberty. Mcintosh, Hist. 
 Eng. pp. 31, 32. . 
 
 An association of persons united in one 
 body, having perpetual succession, vested 
 with political rights conferred upon it by 
 the authority creating it. 155 111. 179; 199 
 111. 635. 
 
 Aggregate Corporations. Those which 
 
 are composed of two or more members at 
 the same time. 
 
 An aggregate corporation is a corpora- 
 tion consisting of more than one member, 
 and has been defined as "an artificial body 
 of men, composed of divers individuals, the 
 ligaments of which body are the franchises 
 and liberties bestowed upon it, which bind 
 and unite all into one, and in which con- 
 sists the whole frame and essence of the 
 corporation." 1 Fletcher Cyclopedia Cor- 
 porations, 79. 
 
 Business. A corporation organized for 
 
 the purpose of conducting financial deal- 
 ings, buying and selling, traffic in general 
 and mercantile transactions is a business 
 corporation. Usually the term applies to 
 any banking, manufacturing and tra4ing 
 corporation, and insurance companies, 
 whether fire, life or marine, have been held 
 to be business corporations. Fletcher 
 Cyclopedia Corporations, 131. 
 
 Civil Corporations. Those, which are 
 
 created to facilitate the transaction of busi- 
 ness. 
 
 Ecclesiastical Corporations. Those 
 
 which are created to secure the public wor- 
 ship of God. 
 
 Eleemosynary Corporations. Those 
 
 which are created for the purpose of char- 
 ities, such as schools, hospitals, and the like. 
 
 Estoppel. While as against the state 
 
 a corporation cannot be created by the mere 
 agreement or other act or omission of pri- 
 vate persons, yet as between private liti- 
 gants they may, by their agreements, ad- 
 missions, or conduct, place themselves 
 where they would not be permitted to deny 
 the fact of the existence of the corpora- 
 tion. The corporation, under such circum- 
 stances, is often designated a corporation 
 by estoppel. 1 Fletcher Cyclopedia Corpora- 
 tions, 660. 
 
 Lay Corporations. Those which exist 
 
 for secular purposes. 
 
 Pecuniary Profit. Under the statutes 
 
 of some states, separate provisions are 
 made for the incorporation of corporations 
 for "pecuniary profit" as distinguished from 
 corporations "not for pecuniary profit." 
 Within the meaning of such a provision, a 
 corporation "for pecuniary profit" has been 
 defined to be a corporation organized for 
 the pecuniary profit of its stockholders or 
 members. Fletcher Cyclopedia Corpora- 
 tions, 132. 
 
 Private Corporations. Those which 
 
 are created wholly or in part for purposes 
 
CORPORATOR 
 
 234 
 
 CORROBORATE 
 
 of private emolument. 4 Wheat. (U. S.) 
 668; 9 Wheat. (U. S.) 907. 
 
 Public Corporations. Those which are 
 exclusively instruments of the public inter- 
 est. 
 
 Sole Corporations. Those which by 
 
 law consist of but one member at any one 
 time. 
 
 State or Nation. The word "corpora- 
 tion" in its extensive signification applies 
 to a nation or state, and thus used, the 
 United States, and the several, states, or 
 commonwealths, composing the Union may 
 be termed "corporations," Accordingly, 
 there are many decisions holding that the 
 United States is a corporation or a body 
 corporate, and it may, like other corpora- 
 tions, enter into contracts, take hold, and 
 convey property and sue or be sued, if it 
 consents. In a like manner, the various 
 states have been held to be corporations, 
 and the same rule applies to territories. 1 
 Fletcher Cyclopedia Corporations, 110. 
 
 Stocl<. A stock corporation or joint 
 
 stock corporation is a corporation having 
 a capital stock divided into shares, and 
 which is authorized by law to distribute to 
 the holders thereof dividends or shares of 
 the surplus of the corporation. 1 Fletcher 
 Cyclopedia Corporations, 112. 
 
 CORPORATOR. A member of a corpora- 
 tion. 
 
 CORPORE ET ANIiMO. See "Anlmo et 
 Corpore." 
 
 CORPOREAL HEREDITAiWENTS. Sub- 
 stantial, permanent objects which may be 
 inherited. The term "land" will include 
 all such. 2 Sharswood, Bl. Comm. 17. 
 
 CORPOREAL PROPERTY. 
 
 —In Civil Law. That which consists of 
 such subjects as are palpable. 
 
 In Common Law. The term to signify 
 
 the same thing is "property in possession.'' 
 It differs from incorporeal property, which 
 consists of choses in action and easements, 
 as a right of way, and the like. 
 
 CORPS DIPLOMATIQUE. The body of 
 ambassadors and diplomatic persons. Whiar- 
 ton. 
 
 CORPSE. The dead body of a human be- 
 ing. 1 Russ. & R. 366, note; 2 Term R. 733; 
 1 Leach, C. C. 497; 8 Pick. (Mass.) 370; 
 Dig. 47. 12. 3. 7; Id. 11. 7. 38; Code, 3. 44. 1. 
 
 CORPUS (Lat. a body). The substance. 
 Used of a human body, a corporation, a col- 
 lection of laws, etc. 
 
 CORPUS COIMITATUS. In old English 
 law. The body,of a county. Cro. Jac. 514; 
 5 How. (U. S.) 453; 5 Mason (U. S.) 290. 
 The county at large, as distinguished from 
 any particular locality within it. 
 
 CORPUS CORPORATUIVI. A corporation} 
 a corporate body, other than municipal. 
 Burr. Sett. Cas. 148. 
 
 CORPUS CUM CAUSA. See "Habeas Cor- 
 pus." 
 
 CORPUS DELICTI. The body of the of- 
 fense. The offense itself, as distinguished 
 from the participation of any person there- 
 in. Thus, the corpus delicti of homicide is 
 that a person has died by violence, not mere-' 
 ly that he has died (43 Miss. 472), though 
 the weight of authority is that the mere 
 fact that a building has been burned is the 
 corpus delicti of arson (29 Ga. 105; 33 Miss. 
 347. Contra, 76 Ala. 42). 
 
 The proof of a charge in criminal cases 
 involves the proof of two distinct proposi- 
 tions: First, that the act itgelf was done; 
 and second, that it was done "by the person 
 or persons charged, and by none other — in 
 other words, proof of a corpus delicti, and 
 the identity of the person or persons. lETS 
 111. 589; 150 111. 186. 
 
 CORPUS HUMANUM NON RECIPIT 
 aestimationem. A human body is not sus- 
 ceptible of appraisement. Hob. 59. 
 
 CORPUS JURIS CANONICI (Lat. the 
 body of the canon law). The name given 
 to the collections of the decrees and canons 
 of the Roman church. See "Canon Law." 
 
 CORPUS JURIS CIVILIS (Lat. the body 
 of the civil law) . The collection comprising 
 the Institutes, the Pandects or Digest, the 
 Code and the Novels of Justinian. See 
 those several titles, and also "Civil Law," 
 for fuller information. The name is said to 
 have been first applied to this collection 
 early in the seventeenth century. 
 
 CORPUS PRO CORPORE (Lat.) In old 
 records. Body for body. A phrase ex- 
 pressing the liability of manucaptors. 3 
 How. St. Tr. 110. 
 
 CORRECTION, HOUSE OF. A reforma- 
 tory. 
 
 CORREGIDOR. In Spanish law. A mag- 
 istrate who took cognizance of various mis- 
 demeanors, and of civil matters. 2 White, 
 New Recop. 53. 
 
 CORREI. In civil law. Two or more 
 bound or secured by the same obligation. 
 
 Correi credendi are creditors secured by 
 the same obligation. 
 
 Correi debendi are two or more persons 
 bound as principal debtors to pay or per- 
 form. Ersk. Inst. 3. 3. 74; Calv. Lex.; BeU, 
 Diet. 
 
 CORRESPONDENCE. The letters writ- 
 ten by one person to another, and the an- 
 swer thereto. See "Letter." 
 
 CORROBORATE. In evidence. To sus- 
 tain by the introduction of other evidence 
 to the same mact Corroborative evidence is 
 "such evidence as tends in some degree of 
 its own strength, and independently to 
 prove some allegation or issue." 6 ^. M. 250. 
 
CORRUPTIO OPTIMI 
 
 236 
 
 COSTS DE INCREMENTO 
 
 CORRUPTIO OPTIMI EST PESSIMAi 
 
 Corruption of the best is worst 
 
 CORRUPTION. An act done with an in- 
 tent to give some advantage inconsistent 
 ■with official duty and the rights of others. 
 
 It includes bribery, but is more compre- 
 hensive, because an act may be corruptly 
 done, though the advantage to be derived 
 from it be not offered by another. Merlin, 
 Repert. 
 
 Something against law; as a contract by 
 which the borrower agreed to pay the lend- 
 er usurious interest. It is said, in such 
 case, that it was corruptly agreed, etc. 
 
 CORRUPTION OF BLOOD. The incapac- 
 ity to inherit, or pass an inheritance, in 
 consequence of an attainder to which the 
 party has been subject. 
 
 CORRUPTLY. A witness who falsely tes- 
 tifies "wilfully and for the purpose of con- 
 cealing the truth" brings himself within 
 the meaning of "corruptly" testifying. 192 
 111. 516 (aflf. 94 111. App. 324). 
 
 CORSE-PRESENT. In old English law, 
 A gift of the second-best beast belonging to 
 a man at his death, taken along with the 
 corpse, and presented to the priest. St. 21 
 Hen. VIII. c. 6; Cowell; 2 Bl. Comm. 425. 
 
 CORSNED. In old English law. A piece 
 of barley bread, which, after the pronuncia- 
 tion of certain imprecations, a person ac- 
 cused of crime was compelled to swallow. 
 
 A piece of cheese or bread of about an 
 ounce weight was consecrated, with an ex- 
 orcism desiring of the Almighty that it 
 might cause convulsions and paleness, and 
 find no passage, if the man was really 
 guilty, but might turn to health and nour- 
 ishment if he was innocent. Spelman. It 
 was then given to the suspected person, 
 who at the same time received the sacra- 
 ment. If he swallowed it easily, he was 
 esteemed innocent. If it choked him, he 
 was esteemed guilty. See 4 Sharswood, Bl. 
 Comm. 345. 
 
 CORTES. The name of the legislative as- 
 semblies of Spain and Portugal. 
 
 CORTEX. The bark of a tree; the outer 
 covering of anything. 
 
 The letter of an instrument, as distin- 
 guished from its spirit. 
 
 CORTIS. In old records. A court or hall. 
 Spelman. 
 
 CORTULARIUM, or CORTARIUM. In old 
 records. A yard or court adjoining a coun- 
 try farm. Spelman. 
 
 CORVEE. In French law. Gratuitous la- 
 bor exacted from the villages or communi- 
 ties, especially for repairing roads, con- 
 structing bridges, etc. 
 
 Corvee eeigneuriale are services due the 
 lord of the manor. Guyot, Rep. Univ.; 3 
 Low. (U. S.) 1. 
 
 C08A JUZGADA. In Spanish law. A cause 
 or matter adjudged (rea adjtidioata) . White, 
 New Recop. bk. 3, tit. 8, note. 
 
 COSBERINQ. In feudal law. A preroga- 
 tive or seignorial right of a lord, as to lie 
 and feast himself and his followers at his 
 tenants' houses. Cowell. 
 
 COSDUNA. In feudal law. A custom or 
 tribute. 
 
 COSEN, or COZEN. In old English law. 
 To cheat. "A cosening knave." 3 Leon. 171. 
 
 COSENING. In old English law. An of- 
 fense whereby anything is done deceitfully 
 whether in or out of contracts, which can- 
 not be fitly termed by an especial name. 
 Called in the civil law stellionatus. West, 
 Symb. pt. 2, "Indictment," § 68; Blount; 4 
 Bl. Comm. 168. 
 
 COSHERING. In old English law. A feu- 
 dal prerogative or custom for lords to lie 
 and feast themselves at their tenants' 
 houses. Cowell. 
 
 COSINAGE, COUSINAGE, or COSENAGE. 
 A writ which lay where the father of the 
 great-grandfather of the demandant had 
 been disseised, and the heir brought his 
 writ to recover nossession. Pitzh. Nat. Brev. 
 221. 
 
 Relationship; affinity. St. 4 Hen. III. c. 
 8; 3 Bl. Comm. 186; Co. Litt. 160a. 
 
 COST. The price actually paid for goods. 
 18 N. Y. 337. 
 
 COSTIPULATOR. A joint promisor. 
 
 COSTS. A pecuniary allowance made by 
 positive law to the successful party to a 
 suit, or to some distinct proceeding in a suit 
 in consideration of, and to reimburse, his 
 probable expense. Abbott. See 4 N. M. 356. 
 
 At common law, there were no costs by 
 name, but when the plaintiff failed, he was 
 amerced for presenting a false claim, and, 
 when judgment was rendered against de- 
 fendant, he was fined for resisting the just 
 claim of plaintiff. 
 
 Costs as allowed by statute in modern 
 practice are the amount allowed the pre- 
 vailing party in lieu of the common-law 
 fines. The term is to be distinguished from 
 "disbursements," which includes the 
 amounts paid out by the prevailing party 
 for certain purposes incident to the suit, 
 and allowed to him as part of his recovery. 
 23 Ore. 451. See "Double Costs. 
 
 COSTS DE INCREMENTO. Increased 
 costs; costs of increase; costs adjudged by 
 the court in addition to those assessed by 
 the jury. 13 How. (U. S.) 372. 
 
 The cost of the suit, etc., recovered orig- 
 inally under the statute of Gloucester, is 
 said to be the origin of costs de inoremento. 
 Buller, N. P. 828a. Where the statute re- 
 quires costs to be doubled in case of an un- 
 successful appeal, costs de incremento stand 
 
COSTS OF THE DAY 
 
 286 
 
 COUNSELLOR AT LAW 
 
 on the same footing as jury costs. 2 Strange, 
 1048. Costs were enrolled in England in 
 the time of Blackstone as "increase" of dam- 
 ages. 3 Bl. Comm. 299. 
 
 COSTS OF THE DAY (or TERM). Costs 
 incurred in preparing for trial on a par- 
 ticular day or term. Adams, Eq. 343. 
 
 COSTUMBRE. In Spanish law. Custom! 
 an unwritten law established by usage, dur- 
 ing a long space of time. Las Partidas, pt. 
 1, tit. 2, lib. 4. 
 
 COSURETIES^ Joint sureties; two or 
 more sureties to the same obligation. 
 
 COTARIUS. In old English law. A cot- 
 tager. Spelman. 
 
 COTERELLI. Anciently, a kind of peas- 
 antry who were outlaws; robbers. Blount. 
 
 COTERELLUS. A cottager. 
 
 Coterellus was distinguished from cotarms 
 in this, that the cotarius held by socage ten- 
 ure, but the coterellus held in mere vil- 
 lenage, and his person, issue, and goods 
 were held at the will of the lord. Cowell. 
 
 COTESWOLD. A place where there is no 
 wood. 
 
 GOTLAND. Land held by a cottager, 
 whether in socage or villenage. Cowell; 
 Blount. 
 
 COTSETHLAND. In old English law. The 
 seat of a cottage, including any land be- 
 longing to it. 
 
 COTSETUS. In old English law. A cot- 
 tager or cottage holder who, by servile ten- 
 ure, was bound to work for the lord. Cowell. 
 
 COTTAGE, COTA, or COTTAGIUM. In 
 old English law. A small house without 
 any land belonging to it, whereof mention 
 is made in St. 4 Edw. I. But, by St. 31 
 Eliz. c. 7, no man may build such cottage 
 for habitation unless he lay unto it four 
 acres of freehold land, except in market 
 towns, cities, or within a mile of the sea, 
 or for the habitation of laborers in mines, 
 shepherds, foresters, sailors, etc. Termes de 
 la Ley. Twenty years' possession of cot- 
 tage gives good title as against the lord. 
 Buller, N. P. 103a, 104. By a grant of a 
 cottage the curtilage will pass. 4 Viner, 
 Abr.,582. 
 
 COTUCHANS. Boors; husbandmen. 
 Domesday Book. 
 
 COTUCHANS. Boors; husbandmen, 
 said to have been levant and couchant when 
 they have been upon another person's land, 
 damage feasant, one night at least. 3 Bl. 
 Comm. 9. 
 
 COUCHER, or COURCHER. A factor who 
 continues abroad for traffic (37 Edw. III. c. 
 16) ; also the general book wherein any 
 corporation, etc., register their acts (3 & 4 
 Edw. VI. c. 10). 
 
 COUNCIL (Lat. concilium, an assembly). 
 The legislative body in the government of 
 cities or boroughs; an advisory body select- 
 ed to aid the executive: See 14 Mass. 470; 
 3 Pick. (Mass.) 517; 4 Pick. (Mass.) 25. 
 
 A governor's council is still retained in 
 some of the states of the United States. It 
 is analogous in many respects to the privy 
 council of the king of Great Britain, and of 
 the governors of the British colonies, though 
 of a much more limited range of duties. See 
 "Privy Council." 
 
 COUNCIL OF CONCILIATION. By Act 30 
 
 & 31 Vict. c. 105, power is given for the 
 crown to grant licenses for the formation 
 of councils of conciliation and , arbitration, 
 consisting of a certain number" of masters 
 and workmen in any trade or employment, 
 having power to hear and determine all 
 questions between masters and workmen 
 which may_ be submitted to them by both 
 parties, arising out of or with respect to 
 the particular trade or manufacture, and 
 incapable of being otherwise settled. They 
 have power to apply to a justice to enforce 
 the performance of their award. The mem- 
 bers are elected by persons engaged in the 
 trade. Davis, Bldg. Soc. 232; Sweet. 
 
 COUNCIL OF JUDGES. Under the Eng- 
 lish judicature act of 1873 (section 75) an 
 annual council of the judges of the supreme 
 court is to be held, for the purpose of con- 
 sidering the operation of the new practice, 
 offices, etc., introduced by the act, and of 
 reporting to a secretary of state as to any 
 alterations which they consider should be 
 made in the law for the administration of 
 justice. An extraordinary council may also 
 be convened at any time by the lord chan- 
 cellor. Sweet. 
 
 COUNCIL OF THE NORTH. A court in- 
 stituted by Henry VIII. in 1537, to admin- 
 ister justice in Yorkshire and the four 
 other northern counties. Under the presi- 
 dency of Stratford, the court showed great 
 rigor, bordering, it is alleged, on harshness. 
 It was abolished by 16 Car. I., the same act 
 which abolished the star chamber. Brown. 
 
 COUNSEL. The counsellors who are as- 
 sociated in the management of a particular 
 cause, or who act as legal advisers in refer- 
 ence to any matter requiring legal knowl- 
 edge and judgment. 
 
 The term is used both as a singular and 
 plural noun, to denote one or more, though 
 it is perhaps more common, when speaking 
 of one of several counsellors concerned in 
 the management of a case in court, to say 
 that he is "of counsel." 
 
 Knowledge. A grand jury is sworn to 
 keep secret "the commonwealth's counsel, 
 their fellows', and their own." 
 
 COUNSELLOR AT LAW. See "Counsel;" 
 "Attorney at Law." 
 
COUNSEL'S SIGNATURE 
 
 237 
 
 COUNTEZ 
 
 COUNSEL'S SIGNATURE. In equity 
 pleading. The signature of counsel required 
 to be appended to a bill to denote to the 
 court that he had perused the draft of it, 
 or been informed of the contents thereof in 
 such manner as would satisfy him that he 
 might certify that it stated a case entitling 
 the complainant to the relief prayed, and 
 that it set the same forth with such regard 
 to the essential rules of pleading, and with 
 such a i)rayer_ as would entitle the bill to 
 the consideration of the chancellor. 19 N. 
 J. Eq. 180. Though the drawing of a bill 
 is properly the duty of the solicitor, yet in 
 practice it is usually both drawn and signed 
 by counsel. Daniell, Ch. Pr. 311. 
 
 COUNT (Fr. comte, from the Latin 
 comes). An earl. It gave way as a distinct 
 title to the Saxon earl, but was retained in 
 countess, viscount, and as the basis of coun- 
 ty. Termes de la Ley; 1 Bl. Comm. 398. 
 See "Comes." 
 
 In Pleading. The plaintiff's statement 
 
 of his cause of action. This word, derived 
 from the French conte, a narrative, is in 
 our old law books used synonymously with 
 "declaration;" but practice has introduced 
 the following distinction : When the plain- 
 tiff's complaint embraces only a single cause 
 of action, and he makes only one statement 
 of it, that statement is called, indifferently, 
 a "declaration" or ."count," though the for- 
 mer is the more usual term; but when the 
 suit embraces two or more causes of action, 
 each of which, of course, requires a differ- 
 ent statement, or when the plaintiff makes 
 two or more different statements of one and 
 the same cause of action, each several 
 statement is called a "count," and all of 
 them collectively, constitute the "declara- 
 tion." In all cases, however, in which there 
 are two or more counts, whether there is 
 actually but one cause of action or several, 
 each count purports, upon the face of it, 
 to disclose a distinct right of action, uncon- 
 nected with that stated in any of the other 
 counts. 
 
 COUNTEE. An earl. Litt. 61, 181, 335. 
 
 COUNTER, or COMPTER. The name of 
 two prisons formerly standing in London, 
 but now demolished. They were the Poul- 
 try Counter and Wood Street Counter. 
 Cowell; Whishaw; Coke, 4th Inst. 248. 
 
 COUNTER AFFIDAVIT. An affidavit 
 made in opposition to one already made. 
 This is allowed in the preliminary examina- 
 tion of some cases. 
 
 CO.UNTER BOND. A bond to indemnify 
 2 Leon. 90. 
 
 CbUNtER FEASANCE. The act of forg- 
 ing. 
 
 COUNTER LETTER. An agreement to re- 
 covery where property has been passed by 
 absolute deed with the intention that it shall 
 serve as security only. A defeasance by a 
 separate instrument. 11 Pet. fU. S.) 351. 
 
 COUNTER ROLL (Law Fr. eontreroule, 
 conterrolle; Law Lat. contra rotulus). In 
 old English law and practice. A roll kept 
 by an officer as a check upon another officer's 
 roll. Sheriffs and coroners were anciently 
 required to keep rolls or records of what 
 was done before them. Bracton, fols. 121b, 
 140b; Britt. c. 1. Le vicont eit counterrolles 
 ove les coroners, auxybien des appeals come 
 des enquests, etc., the sheriff shall have 
 counter rolls with the coroners, as well of 
 aiipeals as of inquests, etc. St. Westmin- 
 ster I. c. 10. 
 
 COUNTER SECURITY. Security given to 
 one who has become security for another, 
 the condition of which is, that if the one 
 who first became surety shall be damnified, 
 the one who gives the counter security will 
 indemnify him. 
 
 COUNTERCLAIM. See "Set-0£f." 
 
 COUNTERFEIT. In criminal law. To 
 make something false in the semblance of 
 that which is true. It always implies a 
 fraudulent intent. Generally applied to the 
 imitation of coin of the realm. 
 
 COUNTERMAND. A change or recalling 
 of orders previously given. 
 
 Express countermand takes place when 
 contrary orders are given, and a revocation 
 of the prior order is made. 
 
 Implied countermand takes place when a 
 new order is given which is inconsistent 
 with the former order. 
 
 COUNTERPART. Formerly, each party 
 to an indenture executed a separate deed; 
 that part which was executed by the grantor 
 was called the "original," and the rest the 
 "counterparts." It is now usual for all the 
 parties to execute every part, and this 
 makes them all originals. 2 Bl. Comm. 29. 
 
 COUNTERPLEA. In pleading. A plea to 
 some matter incidental to the main object 
 of the suit, and out of the direct line of 
 pleadings. 2 Wm. Saund. 45h. 
 
 Thus, counterplea of oyer is the defend- 
 ant's allegations why oyer of an instrument 
 should not be granted. 
 
 Counterplea of aid prayer is the demand- 
 ant's allegation why the vouchee of the ten- 
 ant in a real action, or a stranger who asks 
 to come in to defend his right, should not 
 be admitted. 
 
 Counterplea of voucher is the allegation 
 of the vouchee in avoidance of the warranty 
 after admission to plead. 
 
 Counterpleas are of rare occurrence. 
 Termes de la Ley; Doct. Plac. 300; Comyn, 
 Dig, "Voucher" (B 1, 2) ; Dane, Abr. 
 
 COUNTERSIGN. To sign what has al- 
 ready been signed by a superior; to au- 
 thenticate by an additional signature. 40 
 111. 167. 
 
 COUNTEZ (Law Fr. count, or reckon). 
 In old practice. A direction formerly given 
 by the clerk of a court to the crier, after a 
 jury was sworn, to number them, and which 
 
COUNTOR 
 
 238 
 
 COUNTY SESSIONS 
 
 Blackstone says was given in his time, in 
 good English, "count these." 4 Bl. Comm. 
 340, note (u). 
 
 COUNTOR, COUNTER, or COUNTOUR 
 (Law. Fr. contour, from counter or conter, 
 to relate, recite, or state orally; Law Lat. 
 narrator). In old English practice. An ad- 
 vocate or professional- pleader; one who 
 counted for his client, that is, related his 
 case, recited his count, or orally pleaded his 
 cause. 
 
 COUNTY. One of the civil divisions of a 
 country for judicial and political purposes. 
 1 Bl. Comm. 113. Etymologically, it denotes 
 that portion of the country under the im- 
 mediate government of a count. Id. 116. 
 
 The United States are generally divided 
 into counties. Counties are, in many of the 
 states, divided into townships or town3. In 
 the New England states, however, towns 
 are the basis of all civil divisions, and the 
 counties are rather to be considered as ag- 
 gregates of towns, so far as their origin is 
 concerned. In Pennsylvania, the state was 
 originally divided into three counties by 
 William Penn. See Proud, Hist. vol. 1, p. 
 234; Id. vol. 2, p. 258. 
 
 In the English law, this word signifies 
 the same as "shire," — county being derived 
 from the French, and shire from the Saxon. 
 Both these words signify a circuit or por- 
 tion of the realm into which the whole land 
 is divided, for the better government there- 
 of, and the more easy administration of 
 justice. There is no part of England that 
 is not within some county; and the shire- 
 reeve (sheriff) was the governor of the 
 province under the comes, earl or count. 
 
 COUNTY COMMISSIONERS. Certain of- 
 ficers generally intrusted with the superin- 
 tendence of the collection of the county 
 taxes, and the disbursements made for the 
 county. They are invested by the local laws 
 with various powers, 
 
 COUNTY CORPORATE. A city or town, 
 with more or less territory annexed, consti- 
 tuting a county by itself. 1 Bl. Comm. 120. 
 Something similar to this exists in this 
 country in regard to Philadelphia, New 
 York, and Boston. They differ in no mate- 
 rial points from other counties. 
 
 COUNTY COURT. 
 
 In English Law. Tribunals Of limited 
 
 jurisdiction, originally established under 
 St. 9 & 10 Vict. c. 95. They had, at their 
 institution, jurisdiction of actions for the 
 recovery of debts, damages, and demands, 
 legacies, and balances of partnership ac- 
 counts, where the sum sued for did not ex- 
 ceed twenty pounds. _ It has since been 
 much extended, especially in cases where 
 the parties give assent in writing. They 
 are chiefly regulated by St. 9 & 10 Vict. c. 
 95; 12 & 13 Vict. c. 101; 13 & 14 Vict. c. 
 61; 15 &,16 Vict. c. 54; 19 & 20 Vict. c. 
 108; 21 & 22 Vict. c. 74. See 8 Sharswood, 
 Bl. Comm. 76. 
 
 Tribunals of limited jurisdiction in the 
 county of Middlesex, established under St. 
 22 Geo. II. c. 33, 
 
 These courts are held once a month at 
 least in every hundred in the county of 
 Middlesex, by the county clerk and a jury 
 of twelve suitors, or freeholders, sum- 
 moned for that purpose. They examine the 
 parties under oath, and make such order in 
 the case as they shall judge agreeable to 
 conscience. 3 Steph. Comm. 452; 3 Bl. 
 Comm. 83. 
 
 The county court was a court of great 
 antiqtiity, and originally of much splendor 
 and importance. It was a court of lim- 
 ited jurisdiction incident to the jurisdic- 
 tion of the sheriff, in which, however, the 
 suitors were really the judges, while the 
 sheriff was a ministerial officer. It had 
 jurisdiction of personal actions for the re- 
 covery of small debts, and of many real 
 actions prior to their abolition. By virtue 
 of a justides, it might entertain jurisdic- 
 tion of personal actions to any amount. At 
 this court, all proclamations of laws, out- 
 lawries, etc., were made, and the elections 
 of such officers as sheriffs, coroners, and 
 others took place. In the time of Edward 
 I. it was held by the earl and bishop, and 
 was of great dignity. It was superseded 
 by the courts of requests to a great de- 
 gree; and these, in turn, gave way to the 
 new county courts, as they' are sometimes 
 called distinctively, 
 
 In American Law. Courts in many of 
 
 the states of the United States, and in Can- 
 ada, of widely varying powers, in some 
 states being courts of general origjnar jur- 
 isdiction, and in others courts of probate 
 or limited jurisdiction, 
 
 COUNTY PALATINE, A county possess- 
 ing certain peculiar privileges. The owners 
 of such counties have kingly powers within 
 their jurisdictions, as the pardoning crimes, 
 issuing writs, etc. These counties have 
 either passed into the hands of the crown, 
 or have lost their peculiar privileges to a 
 great degree. 1 Bl. Comm. 117; 4 Bl, Comm. 
 431. The name is derived from palatium 
 (palace), and was applied because the earls 
 anciently had palaces, and maintained re- 
 gal state, Cowell; Spelsian; 1 Bl. Comm. 
 117. 
 
 COUNTY RATE, An imposition levied on 
 the occupiers of lands in England, and ap- 
 plied to many miscellaneous purposes, 
 among which the most important are those 
 of defraying the expenses connected with 
 prisons, reimbursing to private parties the 
 costs they have incurred in prosecuting 
 public offenders, and defraying the ex- 
 penses of the county police, Wharton. 
 
 COUNTY SESSIONS. In England. The 
 general quarter sessions of the peace for 
 each county, which are held four times a 
 year. Wharton; Warren, Law Stud. 867. 
 
COUPON BONDS 
 
 239 
 
 COURT 
 
 COUPON BONDS. "Coupon bonds" are 
 the ordinary form of corporate bond in this 
 country. They are payable to bearer and 
 are provided •with interest warrants, called 
 "coupons," for each installment of inter- 
 est, also payable to bearer, which, when 
 actually detached, are negotiable, and pay- 
 able to bearer. 2 Fletcher Cyclopedia Cor- 
 porations, 1919. 
 
 COUPONS. Those parts of a commercial 
 instrument which are to be cut, and which 
 are evidence of something connected with 
 the contract mentioned in the instrument. 
 They are generally attached to certificates 
 of loan, where the interest is payable at 
 particular periods, and, when the interest 
 is paid, they are cut off and delivered to 
 the payor. 
 
 • COUR DE CASSATION. In French law. 
 The supreme judicial tribunal and court of 
 final resort. It is composed of forty-nine 
 counsellors and judges, including a first 
 president and three presidents of chamber, 
 an attorney general and six advocates gen- 
 eral, one head registrar and four deputy 
 registrars appointed by the head registrar, 
 and a certain number of ushers. Jones, Fr. 
 Bar, 22; Guyot, Rep. Univ. 
 
 The jurisdiction of the court is only on 
 error shown in the proceedings of the low- 
 er courts in matters of law, taking the 
 facts as found by the lower courts. 
 
 COURSE. The direction of a line with 
 reference to a meridian. 
 
 Where there are no monuments, the land 
 must be bounded by the courses and dis- 
 tances mentioned in the patent or deed. 4 
 Wheat. (U. S.) 444; 3 Pet. (U. S.) 96; 3 
 Murph. (N. C.) 82; 2 Har. & J. (Md.) 267; 
 5 Har. & J. (Md.) 254. When the lines are 
 actually marked, they must be adhered to, 
 though they vary from the course men- 
 tioned in the deeds. 2 Overt. (Tenn.) 304; 
 7 Wheat. (U. S.) 7. See 3 Call (Va.) 239; 
 7 T. B. Mon. (Ky.) 333. See "Boundary." 
 
 COURSE OF EMPLOYMENT. 
 
 ——Agent. Within the meaning of the 
 rule as to the liability of a principal for 
 the acts of an agent, such acts are within 
 the "course of his employment" when the 
 agent is endeavoring to promote his prin- 
 cipal's business within the scope of the 
 actual or apparent authority conferred up- 
 on him for that purpose. 190 IlL App. 65 ; 
 177 111. App. 239. 
 
 • Workmen's Compensation Act. An 
 
 injury occurs in the course of the employ- 
 ment, within the Workmen's Compensation 
 Act, when it occurs within the period of 
 employment, at a place where the employee 
 may reasonably be, and while he is reason- 
 ably fulfilling the duties of employment or 
 engaged in something incidental to it. 279 
 111. 11; 282 111. 489, 
 
 COURSE OF THE VOYAGE. By this 
 term is understood the regular and custo- 
 mary track, if such there be, which a ship 
 
 takes in going from one port to another, 
 and the shortest way. Marsh. Ins. 185. 
 
 COURSE OF TRADE. What is usually 
 done in the management of trade or busi- 
 ness. 
 
 Men are presumed to act for their own 
 interest, and to pursue the way usually 
 adopted by men generally; hence it is pre- 
 sumed in law that men in their actions will 
 pursue the usual course of trade. 
 
 COURT (Lat. cohora, an inclosure). A 
 body in the government to which the pub- 
 lic administration of justice is delegated. 
 
 A tribunal established for the adminis- 
 tration of justice. 18 Mo. 570. 
 
 The presence of a sufiicient number of the 
 members of a judicial body regularly con- 
 vened in an authorized place at an appoint- 
 ed time, engaged in the performance of its 
 functions. It is to be observed, however, 
 that a court does not come into being when 
 it convenes, or pass out of existence when 
 it adjourns. 
 
 The idea of place in the Latin word from 
 which the term is derived is given too g^reat 
 prominence in some definitions, notably in 
 that of Blackstone, that a court is "a place 
 where justice is judicially administered" (3 
 Bl. Comm. 23) ; a court being a tribunal 
 rather than a place. 
 
 The term is also used to signify the judge 
 or judges themselves whfen duly convened, 
 in contradistinction from the jury, and also 
 in contradistinction from the judge or 
 judges when not convened as a court. 
 
 It has been said that in every court 
 there must be three constituent parts, — ^the 
 plaintiff, the defendant, and the judicial 
 power (actor, reus, and judex) (3 Bl. Comm. 
 25) ; but it is manifestly not essential to 
 the idea of a court that it have a cause 
 pending before it. See 1 Abb. Mich. Prac. 
 § 2. 
 
 Classification. Courts are divided into 
 
 courts of record and courts not of record; a 
 court of record being one whose acts and 
 judicial proceedings are enrolled or record- 
 ed, and courts not of record being those 
 inferior courts whose proceedings are not 
 formally recorded or enrolled. 
 
 Courts are also divided, as to the extent 
 of their jurisdiction, into courts of general 
 jurisdiction, and courts of limited or special 
 jurisdiction; the former being those courts 
 whose jurisdiction extends to all cases com- 
 prised within a class or classes, especially 
 to cases of a civil nature (109 U. S. 278), 
 and the latter being those courts which are 
 limited either as to the value or the nature 
 of the pleas which they may entertain, or 
 as to the territory over which their juris- 
 diction extends. 
 
 According to the nature of their jurisdic- 
 tion, and the principles upon which it is 
 exercised, courts are said to be of original 
 jurisdiction, interme'diate or appellate; civil 
 or criminal; ecclesiastical; of law or of 
 equity; of admiralty; courts martiaL 
 
COURT BARON 
 
 240 
 
 COURT HOUSE 
 
 COURT BARON. A domestic court, in- 
 cident to every manor, to be held by the 
 steward within the manor, for redressing 
 misdemeanors and nuisances therein, and 
 for settling disputes among the tenants re- 
 lating to property. It is not a court of 
 record. 
 
 Customary court baron is one appertain- 
 ing entirely to copyholders. See "Custo- 
 mary Court Baron." 
 
 Freeholders' court baron is one held be- 
 fore the freeholders who owe suit and serv- 
 ice to the manor. It is the court baron prop- 
 er. Thesfe courts have now fallen into 
 great disuse in England, and provision is 
 made by St. 9 & 10 Vict. c. 95, § 14, en- 
 abling the lord of any manor which has a 
 court in which debts or demands are recov- 
 erable to surrender to the crown the right 
 of holding such court, and, upon such sur- 
 render, the court is discontinued, and the 
 right of holding it ceases. In the state of 
 New York, such courts were held while the 
 state was a province. See charters ,in Bol- 
 ton's History of New Chester. The court 
 has derived its name from the fact that it 
 was the court of the baron or lord of the 
 manor (3 Sharswood, Bl. Comm. 33, note. 
 See Fleta, lib. 2, c. 53), though it is ex- 
 plained by some as being the court of the 
 freeholders, who were in some instances 
 called barons (Co. Litt. 58a). 
 
 COURT FOR CROWN CASES RESERV- 
 
 ed. The .court created by St. 11 & 12 Vict. 
 c. 78, for the decision of questions of law 
 arising on the trial of a person convicted 
 .of treason, felony, or misdemeanor (e. g., 
 at the central criminal court, the assizes, or 
 quarter sessions) , and reserved by the judge 
 or justices at the trial, for the considera- 
 tion of the court. For this purpose, the 
 judge or justices state and sign a case set- 
 ting forth the question and the facts out of 
 which it arises. Archb. Crim. PI. 191. The 
 jurisdiction is now exercised by the judges 
 of the high court of justice, or five of them, 
 at the least. Their decision is final. Judi- 
 cature Act 1873, §§ 47, 100. 
 
 COURT FOR DIVORCE AND MATRIMO- 
 nial causes. In English law. A court which 
 has the jurisdiction formerly exercised by 
 the ecclesiastical courts in respect of di- 
 vorces a mensa et thoro, suits of nullity of 
 marriage, suits of jactitation of marriage, 
 suits for restitution of conjugal rights, and 
 all suits, causes, and matters matrimonial. 
 It consists of the lord chancellor and the 
 justices of the queen's bench, the common 
 pleas, the exchequer, and the judge of the 
 court of probate, who is entitled "Judge or- 
 dinary." The judge ordinary exercises all 
 the powers of the court, except petitions for 
 dissolving or annulling marriages, and ap- 
 plications for new trials of matters of fact, 
 bills of exception, special verdict and special 
 cases, for hearing which excepted cases he 
 must be joined by two of the other judges. 
 Provision is made for his absence by author- 
 izing the lord chancellor to appoint one of 
 
 certain judicial persons to act in such ab- 
 sence. Juries may be summoned to try mat- 
 ters of fact, and such trials are conducted 
 in the same manner as jury trials at com- 
 mon law. See St. 20 & 21 Vict. c. 85; St. 
 21 & 22 Vict. c. 108; St. 22 & 23 Vict. c. 61. 
 
 COURT FOR THE RELIEF OF INSOL- 
 vent debtors in England. In English law. A 
 local court which has its sittings in London 
 only, which receives the petitions of insol- 
 vent debtors, and decides upon the question 
 of granting a discharge. It is held by the 
 commissioners of bankruptcy, and its deci- 
 sions, if in favor of a discharge, are not 
 reversible by any other tribunal. See 3 
 Steph. Commi. 426; 4 Steph. Comm. 287, 
 288. 
 
 COURT FOR THE TRIAL OF IMPEACH- 
 ments. A tribunal for determining the guilt 
 or innocence of any person properly im- 
 peached. In England, the house of lords, 
 and in this country, generally, the more 
 select branch of the legislative assembly, 
 constitutes a court for the trial of impeach- 
 ments. See "Impeachment." 
 
 COURT HAND. In old English practice. 
 The peculiar hand in which the records of 
 courts were written from the earliest period 
 down to the reign of George II. Its charac- 
 teristics were great strength, compactness, 
 and undeviating uniformity, and its use un- 
 doubtedly gave to the ancient record its ac- 
 knowledged superiority over the modem, in 
 the important quality of durability. Sir 
 James Burrows, speaking of St. 4 Geo. II. c. 
 26, thus forcibly contrasts this style of 
 writing with that by which it was super- 
 seded: "A statute now took place for con- 
 verting them [common-law pleadings] from 
 a fixed dead language to a fluctuating, living 
 one, and for altering the strong, solid, com- 
 pact hand, calculated to last for ages, where- 
 in they were used to be written, into a 
 species of handwriting so weak, flimsy and 
 diffuse that many a modern record will 
 hardly outlive its writer, and few perhaps 
 will survive much above a century." 1 
 Burrows, pref. iv. Sir William Blackstone 
 mentions another disadvantage attending 
 the disuse of the old hand, "whereby the 
 reading of any record that is fifty years 
 old is now become the object of science, 
 and calls for the help of an antiquarian." 
 3 Bl. Comm. 323. 
 
 The writing of this hand, with its pecu- 
 liar abbreviations and contractions, con- 
 stituted, while it was in use, an art of no 
 little importance, being an indispensable 
 part of the profession of clerkship, as it 
 was called. Two sizes of it were employed 
 — a large and a small hand; the former, 
 called "great court hand," being used for 
 initial words or clauses, the placita of rec- 
 ords, etc. Towns. PL passim; Instr. Cler. 
 passim. See "Record." 
 
 COURT HOUSE. A building used for the 
 holding of sessions of court, whether such 
 
COURT LANDS 
 
 241 
 
 COURT OF ARCHES 
 
 use be permanent or temporary. 65 Ga. 
 166. 
 
 COURT LANDS. Domains or lands kept 
 in the lord's hands to serve his family. 
 
 COURT LEET (Law Lat. cuno letae, the 
 court of the leet). A court of record in 
 England, held once or twice in every year 
 within a particular hundred, lordship, or 
 manor, before the steward of the leet, for 
 the preservation of the peace, and the pun- 
 ishment of all trivial misdemeanors. Kitch. 
 Cts. Its original intent was to view the 
 frank pledges, — that is, the freemen of the 
 liberty who anciently were all mutually 
 pledges for the good behavior of each other, 
 — and hence it was called, by the Anglo- 
 Normans, the "view of frank pledge," visus 
 frand plegii. 4 Bl. Comm. 273; Spelman, 
 voc. "Leta;" 4 Inst. 261; Mirr. c. 1, § 10; 
 2 Hawk. P. C. 72; 1 Crabb, Real Prop. 495, 
 § 637 et seq.; Tomlin. It has, however, lat- 
 terly fallen into almost total desuetude; its 
 business having, for the most part, gradual- 
 ly devolved upon the quarter sessions. 4 
 Steph. Comm. 340. See "Leet;" "Frank 
 Pledge;" "View of Frank Pledge." 
 
 COURT-MARTIAL. A military or naval 
 tribunal, which has jurisdiction of offenses 
 against the law of the service, military or 
 naval, in which the offender is engaged. 
 
 The original tribunal, for which courts- 
 martial are a partial substitute, was the 
 court of chivalry (q. v.) These courts ex- 
 ist and have their jurisdiction by virtue of 
 the military law, the court being constituted 
 and empowered to act in each instance by 
 authority from a commanding officer. The 
 general principles applicable to courts-mar- 
 tial in the army and navy are essentially 
 the same, and, for consideration of the ex- 
 act distinctions between them, reference 
 must be had to the works of writers upon 
 these subjects. Courts-martial for the regu- 
 lation of the militia are held in the various 
 states under local statutes, which resemble 
 in their main features those provided for 
 in the army of the United States; and when 
 in actual service, the militia, like the regu- 
 lar troops, are subject to_ courts-martial, 
 composed, however, of militia officers. 
 
 As to their constitution and jurisdiction, 
 these courts may belong to one of the fol- 
 lowing classes: 
 
 (1) General, which have jurisdiction over 
 every species of offense of which courts- 
 martial have jurisdiction. They are to be 
 composed in the United States of not less 
 than five nor more than thirteen commis- 
 sioned officers of suitable rank, according 
 to the exigencies of the service, and in Eng- 
 land of not less than thirteen commissioned 
 officers, except in special cases, and usually 
 do consist of more than that number. 
 
 (2) Regimental, which have jurisdiction 
 of some minor offenses occurring in a regi- 
 ment or corps. They consist in the United 
 States of not less than three- commissioned 
 officers; in England, of not less than five 
 
 commissioned officers, when that number 
 can be assembled without detriment to the 
 service, and of not less than three, in any 
 event. The jurisdiction of this class of 
 courts-martial extends only to offenses less 
 than capital committed by those below the 
 rank of commissioned officers, and their de- 
 cision is subject to revision by the com- 
 manding officer of the division, regiment, or 
 detachment, by the officer who appointed 
 them, or by certain superior officers. 
 
 (3) Garrison, which have jurisdiction of 
 some minor offenses occurring in a garrison, 
 fort, or barracks. They are of the same con- 
 stitution as to number and qualifications of 
 members as regimental courts-martial. 
 Their limits of jurisdiction in degree are 
 the same, and their decisions are in a similar 
 manner subject to revision. 
 
 (4) Summary, of limited jurisdiction, for 
 the trial of minor offenses. 
 
 COURT OF ADMIRALTY. See "Admi- 
 ralty." 
 
 COURT OF ANCIENT DEMESNE. In 
 English law. A court of peculiar constitu- 
 tion, held by a bailiff appointed by the king, 
 in which alone the tenants of the king's 
 demesne could be impleaded. 2 Burrows, 
 1046; 1 Spence, Eq. Jur. 100; 2 Sharswood, 
 Bl. Comm. 99; 1 Report Eng. Real Prop. 
 Comm. 28, 29; 3 Steph. Comm. 211, 212. 
 
 COURT OF APPEALS. In American law. 
 An appellate tribunal, which, in some states, 
 as Kentucky, Maryland, and New York, is 
 the court of last resort, and in others, as 
 Illinois, is an intermediate appellate court. 
 
 COURT OF ARBITRATION OF THE 
 chamber of commerce. A court of arbitra- 
 ors, created for the convenience of mer- 
 chants in the city of New York, by act of 
 the legislature of New York. Laws 1874, 
 c. 278; Laws 1875, c. 495. It decides dis- 
 putes between members and outside mer- 
 chants who voluntarily submit themselves 
 to the jurisdiction of the court. 
 
 COURT OF ARCHES (Law Lat. curia de 
 arcubus). In English ecclesiastical law. A 
 court of appeal, and of original jurisdic- 
 tion. 
 
 The most ancient consistory court belong- 
 ing to the archbishop of Canterbury for the 
 trial of spiritual causes, the judge of which 
 is called the "dean of the arches," because 
 he anciently held his court in the church of 
 St. Mary le Bow (Sancta Maria de Arcubus, 
 —literally, "St. Mary of Arches"), so 
 named from the style of its steeple, which 
 is raised upon pillars built archwise, like 
 so many bent bows. Termes de la Ley. It 
 is now held, as are also the other spiritual 
 courts, in the hall belonging to the College 
 of Civilians, commonly called "Doctors' Com- 
 mons." 
 
 Its proper jurisdiction is only over the 
 thirteen peculiar parishes belonging to the 
 archbishop in London; but, the office of 
 
COURT OF ATTACHMENTS 
 
 242 
 
 COURT OF CLAIMS 
 
 dean of the arches having been for a long 
 time united with that of the archbishop's 
 principal ofBcial, the judge of the arches, in 
 right of such added office, receives and de- 
 termines appeals from the sentences of all 
 inferior ecclesiastical courts within the pro- 
 vince. 3 Bl. Comm. 64; 3 Steph. Comm. 431; 
 Wharton, "Arches Court." 
 
 COURT OF ATTACHMENTS. The low- 
 est of the three courts held in the forests. 
 The highest court is called "Justice in 
 Eyre's Seat;" the middle, the "Sweinmote;" 
 and the lowest, the "Attachment." Shars- 
 wood, For. Laws, 90, 99 ; Wharton, "Attach- 
 ment of the Forests." 
 
 The court of attachments is to be held be- 
 fore the verderors of the forest once in 
 every forty days, to inquire of all offenders 
 against vert and venison, by receiving from 
 the foresters or keepers their attachments 
 or presentments de viridi et venatione, en- 
 rolling them, and certifying them under 
 their seals to the court of justice seat, or 
 sweinmote; for this court can only inquire 
 of offenders; it cannot convict them. 3 Bl. 
 Comm. 439; Carta de Foresta, 9 Hen. III. 
 c. 8; Termes de la Ley. But see "Forest 
 Courts." 
 
 COURT OF AUDIENCE. Ecclesiastical 
 courts, in which the primates once exercised 
 in person a considerable part of their juris- 
 diction. They seem to be now obsolete, or 
 at least to be only used on the rare occur- 
 rence of the trial of a bishop. Phillim. Ecc. 
 Law, 1201, 1204. 
 
 COURT OF AUGMENTATION. A court 
 established by 27 Hen. VIII. c. 27, for man- 
 aging the revenues and possessions of all 
 monasteries whose income was under two 
 hundred pounds a year (which by an act of 
 parliament of the same session had been 
 given to the king) , and for determining suits 
 relating thereto. It was called the "Court 
 of the Augmentations of the Revenues of the 
 King's Crown," from the augmentation of 
 the revenues of the crown derived from the 
 suppression of the monasteries, and was a 
 court of record, with one great seal and one 
 privy seal; the officers being a chancellor, 
 who had the great seal, a treasurer, a king's 
 attorney and solicitor, ten auditors, seven- 
 teen receivers, with clerk, usher, etc. 
 
 COURT OF BANKRUPTCY. A court of 
 record, in England, with jurisdiction in 
 bankruptcy, primary and appellate, and 
 which is declared a court of law and equity 
 for that purpose. The nature of its con- 
 stitution may be learned from the early 
 sections of the bankrupt law consolidation 
 act of 1849. 
 
 COURT OF CHANCERY, or CHANCERY. 
 A court existing in England and several of 
 the United States, which possesses an ex- 
 tensive equity jurisdiction. 
 
 The name is said by some to be derived 
 from that of the chief judge, who is called 
 a "chancellor." Others derive both names 
 directly from the cancelli (bars), which in 
 
 this court anciently separated the press of 
 people from the officers. 3 Sharswood, Bl 
 Comm. 46, note. See "Cancellarius." 
 
 In American Law. A court of general 
 
 equity jurisdiction. 
 
 The terms "equity" and "chancery" 
 "court of equity" and "court of chancery," 
 are constantly used as synonymous in the 
 United States. It is presumed that this 
 custom arises from the circumstance that 
 the equity jurisdiction which is exercised by 
 the courts of the various states is assim- 
 ilated to that possessed by the English 
 courts of chancery. Indeed, in some of the 
 states it is made identical therewith by 
 statute, so far as comformable to our in- 
 stitutions. 
 
 Separate courts of chancery or equity ex- 
 ist in a few of the states; in others, the 
 courts of law sit also as courts of equity; in 
 others, equitable relief is administered un- 
 der the forms of the common law; and in 
 others, the distinction between law and 
 equity has been formally abolished, or never 
 existed. The federal courts exercise an 
 equity jurisdiction, whether the state courts 
 in the district are courts of equity or not 
 2 McLean (U. S.) 568; 15 Pet. (U. S.) 9; 
 11 How. (U. S.) 669; 13 How. (U. S.) 268 
 519. 
 
 In English Law. The highest court of 
 
 judicature next to parliament. , . 
 
 The superior court of chancery, called, 
 distinctively, the "High Court of Chancery,'' , «. >, 
 consists of six separate tribunals, viz.: The > i| * 
 court of the lord high chancellor of Great 
 Britain; the court of the master of the rolls, 
 or keeper of the records in chancery; the 
 court of appeal in chancery (q. v.); the 
 three separate courts of the vice chancel- 
 lors. 
 
 COURT OF CHIVALRY. In English law, 
 An ancient military court, possessing 
 both civil and criminal jurisdiction touch- 
 ing matters of arms and deeds of war. 
 
 As a court of civil jurisdiction, it was 
 held by the lord high constable of England 
 while that office was filled, and the earl mar- 
 shal, jointly, and subsequently to the attain- 
 der of Stafford, duke of Buckingham, in the 
 time of Henry VIII., by the earl marshal 
 alone. It had cognizance, by St. 13 Rich. 
 II. c._ 2, "of contracts and other matters 
 touching deeds of arms and war, as well 
 out of the realm as within it." This juris- 
 diction was of importance while the English 
 kings held territories in France. 
 
 As a court of criminal jurisdiction, it 
 could be held only by the lord high con- 
 stable and earl marshal jointly. It had jur- 
 isdiction over "pleas of life and member 
 arising in matters of arms and deeds of 
 war, as well out of the realm as within it" 
 
 It was not a court of record, could neither 
 fine nor imprison (7 Mod. 127), and has 
 fallen entirely into disuse (3 Sharswood, Bl. 
 Comm. 68; 4 Sharswood, Bl. Comm. 268). 
 
 COURT OF CLAIMS. This court, as orig- 
 inally created by the statute of February 24, 
 
COURT OF COMMISSIONERS 
 
 243 
 
 COURT OF CONVOCATION 
 
 1855 (10 St. at Large, 12), consisted of 
 three judges, with jurisdiction to hear and 
 determine all claims founded upon any law 
 of congress, or regulation of an executive 
 department, or upon any contract, express 
 or implied, with the government of the 
 United States, and of all claims which might 
 be referred to it by either house of con- 
 gress. 
 
 The court had no power to render a judg- 
 ment which it could execute, but reported to 
 congress the cases upon which it had finally 
 acted, the material facts it found established 
 by the evidence, with its opinion in the 
 Case, and reasons therefor, or what was 
 equivalent to an opinion in the nature of a 
 judgment as to the rights of the parties up- 
 on the facts proved or admitted in the case. 
 Bright. Dig. 198-200. 
 
 By an amendatory act of March 3, 1863, 
 two judges were added. In addition to the 
 jurisdiction previously conferred upon the 
 court, it is now authorized to take jurisdic- 
 tion of all set-oifs, counterclaims, claims for 
 damages, liquidated or unliquidated, or 
 other demands whatsoever on the part of 
 the government against any person making 
 claim against the government in said court. 
 If the judgment of the court shall be in 
 favor of the government, it shall be filed in 
 the office of the clerk of the proper district 
 or circuit court of the United States, and 
 shall ipso facto become and be a judgment 
 of such district or circuit court, and shall 
 be enforced in like manner as other judg- 
 ments are. If the judgment shall be in 
 favor of the claimant, the sum thereby found 
 due to the claimant shall be paid out of any 
 general appropriation made by law for the 
 pajnnent of private claims, on presentation 
 to the secretary of the treasury of a duly- 
 certified copy of said judgment. 
 
 Proceedings in the court of claims origi- 
 nate by petition filed ; and testimony used in 
 the hearing and determination of claims is 
 taken by commissioners who are appointed 
 by the court for the purpose. 
 
 In some of the states statutes provide for 
 courts to hear and determine claims against 
 the state, the jurisdiction and procedure 
 being fixed by statute. 
 
 COURT OF COMMISSIONERS OF SEW- 
 
 ers. See "Commissioners of Sewers." 
 
 COURT OF COMMON PLEAS. 
 
 In American Law. A court of original 
 
 and general jurisdiction for the trial of 
 issues of fact and law according to the 
 principles of the common law. 
 
 Courts of this name still exist in some of 
 the states of the United States, and fre- 
 quently have a criminal as well as civil 
 jurisdiction. They are, in general, courts 
 of record, being expressly made so by stat- 
 ute in Pennsylvania. 3 Serg. & R. (Pa.) 
 246. In Pennsylvania they exercise an 
 equity jurisdiction, also, as well as that at 
 common law. Courts of substantially simi- 
 lar powers to those indicated in the defini- 
 tion exist in all the states, under various 
 
 names; and for peculiarities in their con- 
 stitution reference is made to the articles 
 on the states in regard to which the ques- 
 tion may arise. 
 
 In English Law. One of the three su- 
 perior C6urts of common law at Westmin- 
 ster. 
 
 This court, which is sometimes called, al- 
 so, bancus communis, bancus, and common 
 bench, is a branch of the aula regis, and was 
 at its institution ambulatory, following the 
 household of the king. In the eleventh 
 clause of Magna Charta, A. D. 1214, it is 
 provided that it shall be held at some fixed 
 place, which is Westminster. The estab- 
 lishment of this court at Westminster, and 
 the consequent construction of the Inns of 
 Court, and gathering together of the com- 
 mon-law lawyers, enabled the law itself to 
 withstand the attacks of the canonists and 
 civilians. It derived its name from the fact 
 that the causes of common people were 
 heard there. It had exclusive jurisdiction 
 of real actions as long as those actions 
 were in use, and had also an extensive, and, 
 for a long time, exclusive, jurisdiction of 
 all actions between subjects. This latter 
 jurisdiction, however, was gradually en- 
 croached upon by the king's bench and 
 exchequer, with which it now has a concur- 
 rent jurisdiction in many matters. Former- 
 ly none but Serjeants at law were admitted 
 to practice before this court in banc (6 
 Bing. [N. C] 235), but by St. 6 & 7 Vict. 
 c. 18, § 61, and St. 9 & 10 Vict. c. 54, all 
 barristers at law have the right of "prac- 
 tice, pleading and audience." 
 
 It consists of one chief and four puisne or 
 associate justices. 
 
 It has a civil, common-law jurisdiction, 
 concurrent with the king's bench and ex- 
 chequer, of personal actions and actions of 
 ejectment, and a peculiar or exclusive juris- 
 diction of real actions, actions under the 
 railway and canal traffic act (17 & 18 Vict, 
 c. 31), the registration of judgments, an- 
 nuities, etc. (1 & 2 Vict. c. 110; 2 «& 3 Vict, 
 c. 11; 3 & 4 Vict. c. 82; 18 Vict. c. 15); 
 respecting fees for conveyances under 3 
 & 4 Wm. IV. c. 74; the examination of mar- 
 ried women concerning their conveyances 
 (11 & 12 Vict. c. 70; 17 & 18 Vict. c. 76; 
 19 & 20 Vict. c. 108, § 73) ; and of appeals 
 from the revising barristers' court (6 & 7 
 Vict. c. 18). Wharton. 
 
 Appeals formerly lay from this court to 
 the king's bench; but, by the statutes of 11 
 Geo. IV. and 1 Wm. IV. c. 70, appeals for 
 errors in law are now taken to the judges 
 of the king's bench and barons of exchequer 
 in the exchequer chambers, from whose 
 judgment an appeal lies only to the house 
 of lords. 3 Sharswood, Bl. Comm, 40. 
 
 COURT OF CONVOCATION. In E^nglish 
 ecclesiastical law. A convocation or ecclesi- 
 astical synod, which is in the nature of an 
 ecclesiastical parliament. 
 
 There is one for each province. They are 
 composed, respectively, of the archbishop. 
 
COURT OF EQUITY 
 
 244 
 
 COURT OF GENERAL 
 
 all the bishops, deans, and archdeacons of 
 their province, with one proctor, or repre- 
 sentative, from each chapter, and, in the 
 province of Canterbury, two proctors for 
 the beneficed parochial clergy in each dio- 
 cese, while in the province of York 
 there are two proctors for each archdea- 
 conry. In York the convocation consists of 
 only one house; but in Canterbury there 
 are two houses, of which the archbishop and 
 bishops form the upper house, and the 
 lower consists of the remaining members of 
 the convocation. In this house a prolocutor, 
 performing the duty of president, is elect- 
 ed. These assemblies meet at the time ap- 
 pointed in the queen's writ. The convoca- 
 tion has long been summoned pro forma 
 only, but is still, in fact, summoned before 
 the meeting of every new parliament, and 
 adjourns immediately afterwards, without 
 proceeding to the dispatch of any business. 
 The purpose of the convocation is stated 
 to be the enactment of canon law, subject to 
 the license and authority of the sovereign, 
 and consulting on ecclesiastical matters. 
 _ In their judicial capacity, their jurisdic- 
 tion extends to matters of heresy, schisms, 
 and other mere spiritual or ecclesiastical 
 causes; an appeal lying from their judicial 
 proceeidings to the queen in council, by St. 
 2 & 3 Wm. IV. c. 92. Cowell; Terms de la 
 Ley; Bac. Abr. "Ecclesiastical Courts" (A 
 1) ; 1 Sharswood, Bl. Comm. 279. 
 
 COURT OF EQUITY. A court which ad- 
 ministers justice according to the principles 
 of equity. 
 
 As to the constitution and jurisdiction of 
 such courts, see "Court of Chancery." 
 
 COURT OF EXCHEQUER. 
 
 In English Law. A superior court of 
 
 record, administering justice in questions of 
 law and revenue. 
 
 It is the lowest in rank of the three su- 
 perior common-law courts of record, and had 
 jurisdiction originally only of cases of in- 
 jury to the revenue by withholding or non- 
 payment. The privilege of suing and being 
 sued in this court in personal actions was 
 extended to the king's accountants, and 
 then, by a fiction that the plaintiff was a 
 debtor of the king, to all personal actions. 
 It had formerly an equity jurisdiction, and 
 there was then an equity court; but, by 
 St. 5 Vict. c. 5, this jurisdiction was trans- 
 ferred to the court of chancery. 
 
 It consists of one chief and four puisne 
 judges or barons. 
 
 As a court of revenue, its proceedings are 
 regulated by 22 & 23 Vict. c. 1, § 9. 
 
 As a court of common law, it administers 
 redress between subject and subject in all 
 actions whatever, except real actions. 
 
 The appellate jurisdiction from this court 
 is to the judges of the king's bench and 
 common pleas sitting as the court of ex- 
 chequer chamber, and from this latter court 
 to the house of lords. 3 Steph. Comm. 400- 
 402; 3 Sharswood, Bl. Comm. 44-46. 
 
 In Scotch Law. A court which former- 
 
 ly had jurisdiction of matters of revenue, 
 and a limited jurisdiction over cases be- 
 tween the crown and its vassals, where no 
 questions of title were involved. 
 
 This court was established by St. 6 Anne, 
 c. 26, and its processes resembled those in 
 the English court of exchequer. It is now 
 merged in the court of sessions; but the 
 name is still applied to this branch of the 
 latter court, which is held by two of the 
 judges acting in rotation. Paterson, Comp. 
 1055, note. The proceedings are regelated 
 by St. 19 & 20 Vict. c. 56. 
 
 COURT OF EXCHEQUER CHAMBER. In 
 
 English law. A court for the correction 
 and prevention of errors of law in the three 
 superior common-law courts of the kingdom. 
 
 A court of exchequer chamber was first 
 erected by St. 31 Edw. III. c. 12, to deter- 
 mine causes upon writs of error from the 
 common-law side of the exchequer court. 
 It consisted of the lord chancellor, lord 
 treasurer, and the justices of the king's 
 bench and common pleas. A second court 
 of exchequer chamber was instituted by St. 
 27 Eliz. c. 8, consisting of the justices of 
 the common pleas and the exchequer, which 
 had jurisdiction in error of cases com- 
 menced in the king's bench. By the stat- 
 utes of 11 Geo. IV. and 1 Wm. IV. c. 70, 
 these courts were abolished, and the pres- 
 ent court of exchequer chamber substitut- 
 ed in their place. 
 
 As a court of debate, it is composed of the 
 judges of the three superior courts of law, 
 to whom is sometimes added the lord chan- 
 cellor. To this court, questions of unusual 
 difficulty or moment are referred before 
 judgment from either of the three courts. 
 
 As a court of appeals, it consists of the 
 judges of two of the three superior courts 
 of law (common bench, king's bench, and 
 exchequer) sitting to decide questions ap- 
 pealed from the others. 3 Sharswood, Bl. 
 Comm. 55. From the decisions of this court 
 a writ of error lies to the house of lords. 
 
 COURT OF FACULTIES. In ecclesiasti- 
 cal law. A tribunal, in England, belonging 
 to the archbishop. 
 
 It does not hold pleas in any suits, but 
 creates rights to pews, monuments, and 
 other mortuary matters. It has also vari- 
 ous other powers under 25 Hen. VIII. c. 21, 
 in granting licenses, faculties, dispensations, 
 etc., of different descriptions; as, a license 
 to marry, a faculty to erect an organ in a 
 parish church, to level a church yard, to 
 remove bodies previously buried; and it may 
 also grant dispensations to eat flesh on days 
 prohibited, or to ordain a deacon under age, 
 and the like. The archbishop's office in this 
 tribunal is called magister ad faculates. 
 Coke, 4th Inst. 337; 2 Chit. Gen. Prac. B07. 
 
 COURT OF GENERAL QUARTER SES- 
 sions of the peace, 
 
 In American Law. A court of crim- 
 inal jurisdiction. 
 
 In English Law. A court of criminal 
 
 jurisdiction, in England, held in each county 
 
COURT OF HUSTINGS 
 
 245 
 
 COURT OP MAGISTRATES 
 
 ■once in every quarter of a year. It is held 
 before two or more justices of the peace, 
 one of whom must be a justice of the quo- 
 rum. 
 
 The stated times of holding sessions are 
 fixed by St. 11 Geo. IV. and 1 Wm. IV. c. 70, 
 § 35. When held at other times than quar- 
 terly, the sessions are called "general ses- 
 sions of the peace." 
 
 As to the jurisdiction of the various ses- 
 sions, see 5 & 6 Vict. c. 38; 7 & 8 Vict. c. 
 71; 9 & 10 Vict. c. 25; 4 Sharswood, Bl. 
 Comm. 271. 
 
 COURT OF HUSTINGS. 
 
 In English Law. The county court in 
 
 the city of London. It is held nominally be- 
 fore the lord mayor, recorder, and alder- 
 men, but the recorder is practically the sole 
 judge. It has an appellate jurisdiction of 
 causes in the sheriff's court of London. A 
 writ of error lies from the decisions of this 
 court to certain commissioners, usually five 
 of the judges of the superior courts of law, 
 from whose judgment a writ of error lies 
 to the house of lords. No merely personal 
 actions can be brought in this court. See 3 
 Bl. Comm. 80, note; 3 Steph. Comm. 449, 
 note; Maddox, Hist. Exch. c. 20; Coke, 2d 
 Inst. 327; Calth. 131. 
 
 In American Law. A local court In 
 
 some parts of the state of Virginia. 6 Grat. 
 (Va.) 696. 
 
 COURT OF INQUIRY. 
 
 In English Law. A court sometimes 
 
 appointed by the crown to ascertain the pro- 
 priety of resorting to ulterior proceedings 
 against a party charged before a court- 
 martial. See 2 Steph. Comm. 600, note (z) ; 
 1 Coleridge, Bl. Comm. 418, note; 2 Brod. 
 & B. 130. 
 
 ——In American Law. A court constituted 
 by authority of the articles of war, invest- 
 ed with the power to examine into the na- 
 ture of any transaction, accusation, or im- 
 putation against any officer or soldier. The 
 said court shall consist of one or more offi- 
 cers, not exceeding three, and a judge ad- 
 vocate, or other suitable person, as a re- 
 corder, to reduce the proceedings and evi- 
 dence to writing; all of whom shall be 
 sworn to the performance of their duty. Rev. 
 St. U. S. §§ 1342, 1624. 
 
 COURT OF JUSTICE SEAT. In English 
 law. The principal of the forest courts. 
 
 It was held before the chief justice in 
 eyre, ar his deputy, to hear and determine 
 all _ trespasses within the forest, and all 
 claims of franchises, liberties, privileges, 
 and all pleas and causes whatsoever, there- 
 in arising. It might also try presentments 
 in the inferior courts of the forests, and 
 give judgment upon conviction of the swein- 
 mote. After presentment made or indict- 
 ment found, the chief justice might issue 
 his warrant to the officers of the forest to 
 apprehend the offenders. It might be held 
 every third year, and forty days' notice was 
 to be given of its sitting. 
 
 COURT OF JUSTICIARY. In Scotch law. 
 A court 'of general criminal and limited 
 civil jurisdiction. 
 
 It consists of the lord justice general, the 
 lord justice clerk, and five other members 
 of the court of sessions. The kingdom is 
 divided into three circuits, in each of which 
 two sessions, of not less than three days 
 each, are to be held annually. Any two of 
 the justices, or the lord justice general 
 alone, or, in Glasgow, a simple justice, may 
 hold a term, except in Edinburgh, where 
 three justices constitute a quorum, and four 
 generally sit in important cases. 
 
 Its criminal jurisdiction extends to all 
 crimes committed in any part of the king- 
 dom; and it has the power of reviewing the 
 sentences of all inferior criminal courts, un- 
 less excluded by statute. Alison, Prac. 25. 
 
 Its civil jurisdiction on circuits is appel- 
 late and final in cases involving not more 
 than twelve pounds sterling. See Paterson, 
 Comp. § 940, note, et seq.; Bell, Diet.; Ali- 
 son, Prac. 25; 20 Geo. II. c. 43; 23 Geo. III. 
 c. 45; 30 Geo. III. c. 17; 1 Wm. IV. c. 69, 
 § 19; 11 & 12 Vict. c. 79, § 8. 
 
 COURT OF KING'S BENCH. In English 
 law. The supreme court of common law in 
 the kingdom. 
 
 It is one of the successors of the aula re- 
 gis, and received its name, it is said, be- 
 cause the king formerly sat in it in person, 
 the style of the court being coram rege ipso, 
 before the king himself. During the reign 
 of a queen it is called the "queen's bench," 
 and during Cromwell's protectorate it was 
 called the "upper bench." Its jurisdiction 
 was originally confined to the correction of 
 crimes and misdemeanors which amounted 
 to a breach of the peace, including those 
 trespasses which were committed with force 
 (vi et armis), and in the commission of 
 which there was, therefore, a breach of the 
 peace. By aid of a fiction of the law, the 
 number of actions which might be alleged to 
 be so committed was gradually increased un- 
 til the jurisdiction extended to all actions 
 of the case, of debt upon statutes or where 
 fraud was alleged, and, finally, included all 
 personal actions whatever, and the action of 
 ejectment. See "Assumpsit;" "Arrest;" 
 "Attachment." It is, from its constitution, 
 ambulatory, and liable to follow the king's 
 person, all process in this court being re- 
 turnable "ubicunque fuerimus in Anglia," 
 wherever in England we, the sovereign, may 
 be, but has for some centuries been held 
 at Westminster. 
 
 It consists of a lord chief justice and four 
 puisne or associate justices, who are, by 
 virtue of their office, conservators of the 
 peace and supreme coroners of the land. 
 
 It has general criminal jurisdiction, and 
 also a considerable civil jurisdiction. 
 
 COURT OF MAGISTRATES AND FREE- 
 holders. In American law. The name of a 
 court existing in South Carolina, before the 
 abolition of slavery, for the trial of slaves 
 
COURT OF NISI PRIUS 
 
 246 
 
 COURT OF RECORD 
 
 and free persons of color for criminal of- 
 fenses. 
 
 COURT OF NISI PRIUS. In American 
 law. A court of original civil jurisdiction 
 in the city and county of Philadelphia, held 
 by one of the judges of the supreme court 
 of the state. See, also, "Courts of Assize 
 and Nisi Prius;" "Nisi Prius." 
 
 COURT OF ORDINARY. In American 
 law. A court which has jurisdiction of the 
 probate of wills, and the regulation of the 
 management of decedents' estates. Such 
 courts exist in Georgia, New Jersey, South 
 Carolina, and Texas. See 2 Kent, Comm. 
 409; "Ordinary." 
 
 COURT OF ORPHANS. In English law. 
 The court of the lord mayor and aldermen 
 of London, which has the care of those or- 
 pl ans whose parent died in London, and 
 was free of the city. 
 
 By the custom of London, this court is 
 entitled to the possession of the person, 
 lands, and chattels of every infant whose 
 parent was free of the city at the time of 
 his death, and who died in the city. The 
 executor or administrator of such deceased 
 parent is obliged to exhibit inventories of 
 the estate of the deceased, and give security 
 to the chamberlain for the orphan's part or 
 share. 2 Steph. Comm. 343. 
 
 COURT OF OYER AND TERMINER. In 
 
 American law. The name of courts of crim- 
 inal jurisdiction in several of the states of 
 the American Union, as in Georgia, New 
 Jersey, and New York. 
 
 COURT OF PASSAGE. An inferior court, 
 possessing a very ancient jurisdiction over 
 causes of action arising within the borough 
 of Liverpool. It appears to have been also 
 called the "borough court of Liverpool." It 
 has the same jurisdiction in admiralty mat- 
 ters as the Lancashire county court. Rose. 
 Adm. 75. 
 
 COURT OF PECULIARS. In English law. 
 A branch of the court of arches, to which 
 it is annexed. 
 
 It has jurisdiction of all ecclesiastical 
 causes arising in the peculiars of Canter- 
 bury or other dioceses which are exempt 
 from the ordinary's jurisdiction, and sub- 
 ject to that of the metropolitan only. The 
 - court of arches has an appellate jurisdic- 
 tion of causes tried in this court. 3 Bl. 
 Comm. 65; 3 Steph. Comm. 431, 432. See 
 "Peculiar." 
 
 COURT OF PIEPOUDRE (Fr. pied, foot, 
 and poudre, dust, or puldreaux, old Fr. ped- 
 lar). In English law. A court of special 
 jurisdiction incident to every fair or market. 
 
 The word piepoudre, spelled also piedpou- 
 dre and pypowder, has been considered as 
 signifying dusty feet, pointing to the gen- 
 eral condition of the feet of the suitors 
 therein (Cowell; Blount); or as indicating 
 the rapidity with which justice is admin- 
 
 istered, — as rapidly as dust can fall from' 
 the foot (Coke, 4th Inst. 2^2) ; or pedlar's 
 feet as being the court ofsuch chapmen or 
 petty traders' as resorted to fairs. It was 
 not confined to fairs or markets, but might 
 exist, by custom, in cities, boroughs, or 
 vills for the collection of debts and the 
 like. Cro. Jac. 313; Cro. Car. 46; 2 Salk. 
 604. It was held before the steward of 
 him who was entitled to the tolls from the 
 market. It has fallen into disuse. 
 
 The civil jurisdiction extended to all mat- 
 ters of contract arising within the precinct 
 of the fair or market during the contin- 
 uance of the particular fair or market at 
 which the court was held, the plaintiff be- 
 ing obliged to make oath as to the time and 
 place. 
 
 The criminal jurisdiction embrace ' all of- 
 fenses committed at the particular fair or 
 market at which the court was held. An 
 appeal lay to the courts at Westminster. 
 See Barr. Obs. St. 337; 3 Bl. Comm. 32; 
 Skene de Verb. Sign. "Pede Pulverosus;" 
 Bracton, 334. 
 
 COURT OF PLEAS. A court of the coun- 
 ty palatine of Durham, having a local com- 
 mon-law jurisdiction. It was abolished by 
 the judicature act, which transferred its ju- 
 risdiction to the high court. Judicature Act 
 1873, § 16; 3 Bl. Comm. 79. 
 
 COURT OF POLICIES OF INSURANCE, 
 
 A court of special jurisdiction which took 
 cognizance of cases involving claims made 
 by those insured upon policies in the city 
 of London. 
 
 COURT OF PROBATE. 
 
 In American Law. A court which has 
 
 jurisdiction of the probate of wills, and the 
 regulation of the management and settle- 
 ment of decedents' estates, as well as a more 
 or less extensive control of the estates of 
 minors and other ipersons who are under 
 the especial protection of the law. 
 
 In English Law. A court in England 
 
 having exclusive jurisdiction of testament- 
 ary causes or proceedings relating to the 
 validity of wills and the succession to the 
 property of persons deceased intestate. See 
 St. 20 & 21 Vict. c. 77; St. 21 & 22 Vict. 
 c. 95. 
 
 COURT OF QUARTER SESSIONS OF 
 the peace. In American law. A court of 
 criminal jurisdiction in the state of Penn- 
 sylvania. There is one such court in each 
 county of the state. Its sessions are, in 
 general, held at the same time and by the 
 same judges as the court of oyer and ter- 
 miner and general jail delivery. See Purd. 
 Dig. Pa. Laws (Stroud. & B. Ed.) 692. 
 
 COURT OF QUEEN'S BENCH. See 
 
 "Court of King's Bench." 
 
 COURT OF RECORD. A judicial, organ- 
 ized tribunal having attributes and exer- 
 cising functions independently of the per- 
 son of the magistrate designated generally 
 
COURT OF REGARD 
 
 247 
 
 COURT OP SWEINMOTE 
 
 to hold it, and proceeding according to the 
 course of the common law. 
 
 A court where the acts and proceedings 
 are enrolled in parchment for a perpetual 
 memorial and testimony. 3 Bl. Comm. 24. 
 
 A C0|Urt which has jurisdiction to fine 
 and imprison, or one having jurisdiction of 
 civil causes above forty shillings, and pro- 
 ceeding according to the course of the com- 
 mon law. 37 Me. 29. 
 
 All courts are either "of record," or "not 
 of record." The possession of the right to 
 fine and imprison for contempt was former- 
 ly considered as furnishing decisive evi- 
 dence that a court was a court of record 
 (Co. Litt 117b, 260a; 1 Salk. 144; 12 Mod. 
 388; 2 Wm. Saund. 101a; Viner, Abr. 
 "Courts"), and it is said that the erection 
 of a new tribunal with this power renders 
 it by that very fact a court of record (1 
 Salk. 200; 12 Mod. 388; 1 Wooddeson, Lect. 
 98; 3 Bl. Comm. 24, 25); but every court 
 of record does not possess this power (1 
 Sid. 145; 3 Sharswood, Bl. Comm. 25, note). 
 The mere fact that a permanent record is 
 kept does not, in modem law, stamp the 
 character of the court, since many courts, 
 as probate courts, and others of limited or 
 special jurisdiction, are obliged to keep 
 records, and yet are held to be courts not 
 of record. See 11 Mass. 510; 22 Pick. 
 (Mass.) 430; 1 Cow. (N. Y.) 212; 3 Wend. 
 (N. Y.) 268; 10 Pa. St. 158; 5 Ohio, 545; 
 7 Ala. 351; 25 Ala. 540. The definition first 
 given above is taken from the opinion of 
 Shaw, C. J., in 8 Mete. (Mass.) 171, with 
 an additional element not required in that 
 case for purposes of distinction, and is be- 
 lieved to contain all the distinctive quali- 
 ties which can be said to belong to all 
 courts technically of record at modem law. 
 
 COURT of' regard. In English law. 
 One of the forest courts, in England, held 
 every third year, for the lawing or expedi- 
 tation of dogs, to prevent them from run- 
 ning after deer. 3 Steph. Comm. 440; 3 Bl. 
 Comm. 71, 72. 
 
 COURT OF REVIEW. A court institut- 
 ed for the purpose of correcting errors 
 committed by trial courts. 195 111. App. 523. 
 
 COURT OF SESSION. 
 
 In Scotch Law. The supreme court of 
 
 civil jurisdiction in Scotland. 
 
 The full title of the court is "council and 
 session." It was established in 1425. In 
 1469 its jurisdiction was transferred to the 
 king's council, which in 1503 was ordered 
 to sit in Edinburgh. In 1532 the jurisdic- 
 tion of both courts and the joint title were 
 transferred to the present court. The regu- 
 lar number of judges was fifteen; but an 
 additional number of justices might be ap- 
 pointed by the crown to an unlimited ex- 
 tent. This privilege was renounced by 10 
 Geo. I. c. 19. 
 
 It consists of fifteen judges, and is di- 
 vided into an inner and an outer house. 
 
 The inner house is composed of _ two 
 branches or chambers, of co-ordinate juris- 
 diction, each consisting of four judges, and 
 called, respectively, the "first division" and 
 the "second division." The first division is 
 presided over by the lord president or lord 
 justice general, the second by the lord jus- 
 tice clerk. The outer house is composed of 
 five separate courts, each presided over by 
 a single judge, called a "lord ordinary." 
 
 All causes commence before a lord ordi- 
 nary, in general, and the party may select 
 the one before whom he will bring his ac- 
 tion, subject to a removal by the lord presi- 
 dent in case of too great an accumulation 
 before any one or more lords ordinary. See 
 Bell, Diet.; Paterson, Comp. § 1055, note, et 
 seq. 
 
 In American Law. A court of crim- 
 inal jurisdiction existing in some of the 
 states of the United States. Courts of this 
 name exist in California, New York, and, 
 perhaps, other states. 
 
 COURT OF STAR CHAMBER. In Eng- 
 lish law. A court which was formerly held 
 by divers lords, spiritual and temporal, who 
 were members of the privy council, together 
 with two judges of the courts of common 
 law. 
 
 It was of very ancient origin, was new 
 modelled by 3 Hen. VII. c. 1, and 21 Hen. 
 VIII. c. 20, and was finally abolished, af- 
 ter having become very odious to the peo- 
 ple, by 16 Car. I. c. 10. The name "star 
 chamber" is of uncertain origin. It has been 
 thought to be from the Saxon "steoran," 
 to govern, alluding to the jurisdiction of 
 the court over the crime of cosenage, and 
 has been thought to have been given be- 
 cause the hall in which the court was held 
 was full of windows (Lambard, Eiren. 
 148) ; or because the roof was originally 
 studded with gilded stars (Coke, 4th Inst. 
 66) ; or, according to Blackstone, because 
 the Jewish covenants (called starrs or 
 stars, and which, by a statute of Richard 
 I., were to be enrolled in three places, one 
 of which was near the exchequer) were 
 originally kept there. 4 Bl. Comm. 266, 
 note. The derivation of Blackstone receives 
 confirmation from the fact that this loca- 
 tion (near the exchequer) is assigned to 
 the star chamber the first time it is men- 
 tioned. The word "star" acquired at some 
 time the recognized signification of invent- 
 ory or schedule. St. Acad. Cont. 32; 4 
 Sharswood, Bl. Comm. 266, note. 
 
 The legal jurisdiction of this court ex- 
 tended originally to riots, perjuries, misbe- 
 havior of sheriffs, and other notorious mis- 
 demeanors. It acted without the assistance 
 of a jury, and its proceedings were in se- 
 cret, by reason of which it fell into popu- 
 lar disrepute. See Hudson, Court of Star 
 Chamber (printed at the beginning of the 
 second volume of the Collectanea Juridica) ; 
 4 Sharswood, Bl. Comm. 266, and notes. 
 
 COURT OF SWEINMOTE, SWAINMOTE, 
 or swaingemote (Saxon swang, an attend- 
 
COURT OF THE CLERK 
 
 248 
 
 COURT OP WARDS 
 
 ant, a freeholder, and mote or gemote, a 
 meeting). In English law. One of the for- 
 est courts, held before the verderors, as 
 judges, by the steward, thrice in every year, 
 — ^the sweins or freeholders within the for- 
 est composing the jury. 
 
 This court had jurisdiction to inquire in- 
 to grievances and oppressions committed 
 by the officers of the forest, and also to re- 
 ceive and try presentments certified from 
 the court of attachments, certifying the 
 cause, in turn, under the seals of the jury, 
 in case of conviction, to the court of justice 
 seat for the rendition of judgment. Cow- 
 ell; 3 Bl. Comm. 71, 72; 3 Steph. Comm. 
 439. 
 
 COURT OF THE CLERK OF THE MAR- 
 ket. In English law. A tribunal Incident to 
 every fair and market in the kingdom, to 
 punish misdemeanors therein. 
 
 This is the most inferior court of crim- 
 inal jurisdiction in the kingdom. The ob- 
 ject of its jurisdiction is principally the rec- 
 ognizance of i weights and measures, to try 
 whether they are according to the true 
 standard thereof, which standard was an- 
 ciently committed to the custody of the 
 bishop, who appointed some clerk under 
 him to inspect the abuse of them more nar- 
 rowly; and hence this officer, though usual- 
 ly a layman, is called the "clerk" of the 
 market. 
 
 The jurisdiction over weights and meas- 
 ures formerly exercised by the clerk of the 
 market has been taken from him by St. 5 
 & 6 Wm. IV. c. 63. 
 
 COURT OF THE CORONER. In English 
 law. A court of record, to inquire, when 
 any one dies in prison, or comes to a violent 
 or sudden death, by what manner he came 
 to his end. 4 Steph. Comm. 341; 4 Shars- 
 wood, Bl. Comm. 274. See "Coroner." 
 
 COURT OF THE DUCHY OF LANCAS- 
 ter. In English law. A court of special ju- 
 risdiction, which has jurisdiction of all mat- 
 ters of equity relating to lands holden of 
 the king in right of the duchy of Lancas- 
 ter. 
 
 It is held by the chancellor or his dep- 
 uty, is a court of equity jurisdiction, and 
 not of record. It is to be distinguished 
 from the court of the county palatine of 
 Lancaster. 3 Bl. Comm. 78. 
 
 COURT OF THE LORD HIGH STEW- 
 ard. In English law. A court instituted for 
 the trial of peers indicted for treason, fel- 
 ony, or misprision of either. 
 
 This court can he held only during a re- 
 cess of parliament, since the trial of a peer 
 for either of the above offenses can take 
 place, during a session of that body, only 
 before the high court of parliament. It con- 
 sists of a lord high steward (appointed, in 
 modern times, pro hac vice merely) , and as 
 many of the temporal lords as may desire 
 to take the proper oath and act; and all 
 the peers qualified to sit and vote in par- 
 
 liament are to be summoned at least twenty 
 days before the trial. St. 7 Wm. III. c. 3. 
 
 COURT OF THE LORD HIGH STEW- 
 ard of the universities. In English law. A 
 court constituted for the trial of scholars 
 or privileged persons connected with the 
 university at Oxford or Cambridge who are 
 indicted for treason, felony, or mayhem. 
 
 COURT OF THE IVIARSHALSEA. In Eng- 
 lish law. A court which had jurisdiction of 
 causes to which the domestic servants were 
 parties. 
 
 It was held by the steward of the king's 
 household, as judge, and the marshal was 
 the ministerial officer, and held pleas of 
 trespasses committed within twelve miles 
 of the sovereign's residence (called the 
 "verge of the court"), where one of the 
 parties was a servant of the king's house- 
 hold, and of all debts, contracts, and cove- 
 nants where both parties were servants as 
 above. Where one of the parties only was 
 of the king's household, a jury of the coun- 
 try was summoned; in the other case, the 
 inquest was composed of men of the house- 
 hold only. This court was merged, in the 
 time of Charles I., in the palace court, 
 and abolished by 12 & 13 Vict. c. 101, § 13. 
 See "Palace Court." 
 
 COURT OF THE STEWARD AND iVIAR- 
 
 shal. See "Court of the Marshalsea." 
 
 COURT OF THE STEWARD OF THE 
 king's houseiiold. In English law., A court 
 which had jurisdiction of all cases of trea- 
 son, misprision of treason, murder, man- 
 slaughter, bloodshed, and other malicious 
 strikings whereby blood is shed, occurring 
 in or within the limits of any of the palaces 
 or houses of the king; or any other house 
 where the royal person is abiding. 
 
 It was created by St. 33 Hen. VIII. c. 12, 
 but long since fell into disuse. 4 Sharswood, 
 Bl. Comm. 276, 277, and notes. 
 
 COURT OF WARDS AND LIVERIES. In 
 
 English law. A court of record in England, 
 which had the supervision and regulation 
 of inquiries concerning the profits which 
 arose to the crown from the fruits of ten- 
 ure, and to grant to heirs the delivery of 
 their lands from the possession of their 
 guardians. 
 
 The court of the king's wards was insti- 
 tuted by St. 32 Hen. VIII. c. 46, to take the 
 place of the ancient inguisitio post mortem, 
 and the jurisdiction of the restoration of 
 lands to heirs on their becoming of age (liv- 
 ery) was added by St. 33 Hen. VIII. c. 22, 
 when it became the court of wards and liv- 
 eries. It was abolished by St. 12 Car. II. c. 
 24. 
 
 The jurisdiction extended to the super- 
 intendence of lunatics and idiots in the 
 king's custody, granting licenses to the 
 king's widows to marry, and imposing fines 
 for marrying without license. 4 Reeve, 
 Hist. Eng. Law, 25&; Crabb, Hist. Eng. 
 Law, 468; 1 Steph. Comm. 183, 192; 4 
 
COURTESY 
 
 249 
 
 COURTS OF REQUESTS 
 
 Steph. Comm. 40; 2 Sharswood, Bl. Comm. 
 68, 77; 3 Shai-swood, Bl. Comm. 258. 
 
 COURTESY. See "Curtesy." 
 
 COURTS CHRISTIAN. Ecclesiastical 
 courts (g. v.) 
 
 COURTS OF ASSIZE AND NISI PRIUS. 
 
 In English law. Courts composed of two or 
 more commissioners, called "judges of as- 
 size" (or of assize and nisi prius), who are 
 twice in every year sent by the queen's (or 
 king's) commission on circuits all round 
 the kingdom, to try, by a jury of the re- 
 spective counties, the truth of such mat- 
 ters of fact as are then under dispute in 
 the courts of Westminster Hall; there be- 
 ing, however, as to London and Middlesex, 
 this exception : That, instead of their being 
 comprised within any circuit, courts of nisi 
 prius are held there for the same purpose, 
 in and after every term, before the chief 
 or other judge of the superior court, at 
 what are called the London and Westmin- 
 ster sittings. 
 
 These judges of assize came into use in 
 the room _ of the ancient justices in eyre 
 (justiciarii in itinere), who were regularly 
 established, if not iirst appointed, by the 
 parliament of Northampton, A. D. 1176 (22 
 Hen. II.), with a delegated power from the 
 king's great court, or aula regis, being 
 looked upon as members thereof; though 
 the present justices of assize and nisi prius 
 are more immediately derived from St. 
 Westminster II. (13 Edw. I. c. 30), and 
 consist principally of the judges of the su- 
 perior courts of common law, being as- 
 signed by that statute out of the king's 
 ,sworn justices, associating to themselves 
 one or two discreet knights of each county. 
 By St. 27 Edw. I. c. 4 (explained by 12 
 Edw. II. c. 3), assizes and inquests are al- 
 lowed to be taken before any one justice 
 of the court in which the plea is brought, 
 associating with him one knight or other 
 approved man of the county. By St. 14 
 Edw. III. c. 16, inquests of nisi prius may 
 be taken before any justice of either bench 
 (though the plea be not depending in his 
 own court), or before the chief baron of 
 the exchequer, if he be a man of the law, 
 or, otherwise, before the justices of assize, 
 so that one of such justices be a judge of 
 the king's bench or common pleas, or the 
 king's sergeant sworn. And, finally, by 2 
 & 8 Vict. c. 22, all justices of assize may, 
 on their respective circuits, try causes 
 pending in the court of exchequer, without 
 issuing (as it had till then been consid- 
 ered necessary to do) a separate commis- 
 sion from the exchequer for that purjrose. 
 3 Steph. Comm. 421-423; 3 Bl. Comm. 57, 
 58. 
 
 COURTS OF OONSCIENCE. See "Courts 
 of Requests." 
 
 COURTS OF OYER AND TERMINER 
 and general gaol delivery. 
 
 ——In English Law. Tribunals for the ex- 
 amination and trial of criminals. 
 
 They are held before commissioners se- 
 lected by the queen, among whom are usu- 
 ally two justices of the superior courts at 
 Westminster, twice in every year in all the 
 counties of England except the four north- 
 ern, where they are held once only, and Mid- 
 dlesex and parts of other counties, over 
 which the central criminal court has juris- 
 diction. 
 
 Under the commission of oyer and ter- 
 miner, the justices try indictments pre- 
 viously found at the same assizes for trea- 
 son, felony, or misdemeanors. Under the 
 commission of general gaol delivery, they 
 may try and deliver every prisoner who 
 is in gaol when the judges arrive at the 
 circuit town, whenever or before whomso- 
 ever indicted, or for whatsoever crime com- 
 mitted. These commissions are joined with 
 those of assize and nisi prius and the com- 
 mission of the peace. See "Courts of Assize 
 and Nisi Prius." 
 
 In American Law. Courts of criminal 
 
 jurisdiction in the state of Pennsylvania. 
 
 They are held at the same time with the 
 court of quarter sessions, as a general rule, 
 and by the same judges. See Purd. Dig. 
 Pa. Laws (Stroud & B. Ed.) pp. 694, 1377. 
 
 COURTS OF PRINCIPALITY OF 
 Wales. A species of private courts, of a lim- 
 ited though extensive jurisdiction, which, 
 upon the thorough reduction of that prin- 
 cipality, and the settling of its policy in 
 the reign of Henry VIII., were erected all 
 over the country. These courts, however, 
 have been abolished by 1 Wm. IV. c. 70; 
 the principality being now divided into two 
 circuits, which the judges visit in the same 
 manner as they do the circuits in England, 
 for the purpose of disposing of those causes 
 which are ready for trial. Brown. 
 
 COURTS OF REQUESTS, or COURTS 
 of conscience. In English law. Courts of 
 special jurisdiction, constituted by act of 
 parliament in the city of London and other 
 towns, for the recovery of small debts. 
 
 They were courts not of record, and pro- 
 ceeded in a summary way to examine upon 
 oath the parties and other witnesses, with- 
 out the aid of a jury, and made such order 
 as is consonant to equity and good con- 
 science. 
 
 They had jurisdiction of causes of debt 
 generally to the amount of forty shillings, 
 but in many instances to the amount of five 
 pounds sterling. 
 
 The courts of requests in London consist- 
 ed of two aldermen and four common coun- 
 cilmen, and was formerly a court of con- 
 siderable importance, but was abolished, as 
 well as all other courts of requests, by the 
 small debts act (9 & 10 Vict. c. 95), and 
 the order in council of May 9, 1847, and 
 their jurisdiction transferred to the county 
 courts. 
 
 The court of requests before the king in 
 person was virtually abolished by 16 Car. 
 I. c. 10, 3 Steph. Comm. 449, and note (j) ; 
 
COURTS OF SURVEY 
 
 250 
 
 COVENANT 
 
 Bac. Abr. "Courts in London." See "Coun- 
 ty Court." 
 
 COURTS OF SURVEY. Courts for the 
 heading of appeals by owners or masters of 
 ships, from orders for the detention of un- 
 safe ships, made by the English board of 
 trade under the merchant shipping act of 
 1876 (section 6), consisting of a judge 
 summoned bjr the registrar from a list of 
 ■wreck commissioners (q. v.), stipendiary 
 magistrates, etc., which is provided for the 
 purpose, and of two assessors; one ap- 
 pointed by the board of trade, and the other 
 summonsed by the registrar out of a list of 
 persons provided for the purpose (Id. § 7) . 
 Rules of Court of Survey 1876. 
 
 COURTS OF THE CINQUE PORTS. In 
 
 English law. Courts of limited local juris- 
 diction, formerly held before the mayor and 
 jurats (aldermen) of the Cinque Ports. 
 
 A writ of error lay to the lord warden in 
 his court of Shepway, and from this court 
 to the queen's bench. By 18 & 19 Vict. 
 c. 48, and 20 & 21 Vict. c. 1, the jurisdic- 
 tion and authority of the lord warden of 
 the Cinque Ports and constable of Dover 
 Castle, in or in relation to the administra- 
 tion of justice in actions, suits, or other 
 civil proceedings, at law or in equity, are 
 abolished. 3 Sharswood. Bl. Comm. 79; 3 
 Steph, Comm. 447, 448. See "Cinque Ports." 
 
 COURTS OF THE COUNTIES PALA- 
 tlne. In English law. A species of private 
 court which formerly appertained to the 
 counties palatine of Lancaster and Durham. 
 
 They were local courts, which had exclu- 
 sive jurisdiction in law and equity of all 
 cases arising within the limits of the re- 
 spective counties. The judges who held 
 these courts sat by special commission from 
 the owners of the several franchises, and 
 under their seal, and all process was taken 
 in the name of the owner of the franchise, 
 though subsequently to 27 Hen. VIII. c. 24, 
 it ran in the king's name. See "County 
 Palatine." 
 
 COURTS OF THE TWO UNIVERSITIES. 
 
 In English law. See "Chancellors' Courts 
 in the Two Universities." 
 
 COURTS OF WESTMINSTER HALL. 
 
 The superior courts, both of law and equity, 
 were for centuries fixed at Westminster, an 
 ancient palace of the monarchs of Eng- 
 land. Formerly, all the superior courts 
 were held before the king's capital justi- 
 ciary of England, in the aula regis, or such 
 of his palaces wherein his royal person re- 
 sided, and removed with his household from 
 one end of the kingdom to another. This 
 was found to occasion great inconvenience 
 to the suitors, to remedy which it was made 
 an article of the great charter of liber- 
 ties, both of King John and King Henry 
 III., that "common pleas should no longer 
 follow the king's court, but be held in some 
 certain place, in consequence of which 
 they have ever since "been held (a "few nec- 
 
 essary removals in times of the plague ex- 
 cepted) in the palace of Westminster only. 
 The courts of equity also sit at Westmin- 
 ster, nominally, during term time, although, 
 actually only during the first day of term, 
 for they generally sit in courts provided 
 for the purpose in, or in the neighborhood 
 of, Lincoln's Inn. Brown. 
 
 COUSIN. The son or daughter of the 
 brother or sister of one's father or mother. 
 
 The issue, respectively, of two brothers 
 or two sisters, or of a brother and a sis- 
 ter. 
 
 Those whc descend from the brother or 
 sister of the father of the person spoken of 
 are called "paternal cousins." "Maternal 
 cousins" are those who are descended from 
 the brothers or sisters of the mother. See 
 2 Brown, Ch. 125; 1 Sim. & S. 301; 3 Russ. 
 140; 9 Sim. 386, 457. 
 
 COUSINAGE. See "Cosinage." 
 
 COUSTUM (Fr.) Custom; duty; toll. 1 
 Sharswood, Bl. Comm. 314. 
 
 COUSTUM I ER (Fr.) A collection of cus- 
 toms and usages in the old Norman law. 
 
 COUTHUTLAUGH. He that wilUngly re- 
 ceives an outlaw, and cherishes or conceals 
 him. In ancient times he was subject to 
 the same punishment as the outlaw. Blount. 
 
 COVENANT (Lat. convenire, to come to- 
 gether; conventio, a coming together). It 
 is equivalent to the factum conventum of 
 the civil law. 
 
 In Contracts. An agreement between 
 
 two or more persons, entered into by deed, 
 whereby one of the parties promises the 
 performance or nonperformance of certain 
 acts, or that a given state of things does 
 or shall, or does not or shall not, exist. It 
 differs from an express assumpsit in that 
 it must be by deed. 
 
 Covenants are classified on several lines 
 of division, the principal ones being: 
 
 Affirmative or negative. 
 
 (1) Affirmative covenants are those in 
 which the covenantor declares that some- 
 thing has been already done, or shall be 
 done in the future. Such covenants do not 
 operate to deprive covenantees of rights en- 
 joyed independently of the covenants. Dyer, 
 19b; 1 Leon. 251. 
 
 (2) Negative covenants are those in 
 which the party obligates himself not to do 
 or perform some act. Courts are unwilling 
 to construe a negative covenant a condition 
 precedent, inasmuch as it cannot be said 
 to be performed till a breach becomes im- 
 possible. 2 Wm. Saund. 156; 1 Mod. 64; 2 
 Keb. 674; 1 Sid. 87. 
 
 Inherent or collateral. 
 
 (3) Inherent covenants are those which 
 relate directly to the land itself, or matter 
 granted. Shep. Touch. 161. Distinguished 
 from collateral covenants. 
 
 If real, they run with the land. Piatt, 
 Cov. 66. 
 
COVENANT 
 
 251 
 
 COVENANT 
 
 (4) Collateral covenants are those which 
 are entered into in connection with the grant 
 of something, but which do not relate im- 
 mediately to the thing granted; as, to pay a 
 sum of money in gross, that the lessor shall 
 distrain for rent on some other land than 
 that which is demised, to build a house on 
 the land of some third person, or the like. 
 Piatt, Gov. 69; Shep. Touch. 161; 4 Bur- 
 rows, 2439; 3 Term R. 393; 2 J. B. Moore, 
 164; 5 Barn. & Aid. 7; 2 Wils. 27; 1 Ves. 
 Jr. 56. 
 
 Dependent, concurrent, and independent. 
 
 (5) Dependent covenants are those in 
 which the obligation to perform one is 
 made to depend upon the performance of 
 the other. Covenants may be so connected 
 that the right to insist upon the perform- 
 ance of one of them depends upon a prior 
 performance on the part of the party seek- 
 ing enforcement. Piatt, Cov. 71; 2 Selw. 
 N. P. 443; Steph. N. P. 1071; 1 C. B. (N. 
 S.) 646; 6 Cow. (N. Y.) 296; 2 Johns. (N. 
 Y.) 209; 2 Watts & S. (Pa.) 227; 8 Serg. 
 & R. (Pa.) 268; 4 Conn. 3; 24 Conn. 624; 
 11 Vt. fi49; 17 Me. 232; 3 Ark. 581; 1 
 Blackf. (Ind.) 175; 6 Ala. 60; 3 Ala. (N. 
 S.) 330. 
 
 (6) Concurrent covenants are those 
 which are to be performed at the same time. 
 When one party is ready and offers to per- 
 form his part, and the other refuses or 
 neglects to perform his, he who is ready 
 and offers has fulfilled his engagement, and 
 may maintain an action for the default of 
 the other, though it is not certain that 
 either is obliged to do the first act. Piatt, 
 Cov. 71; 2 Selw. N. P. 443; Doug. 698; 18 
 Eng. Law & Eq. 81; 4 Wash. C. C. (U. S.) 
 714; 16 Mo. 450. 
 
 (7) Independent covenants are those the 
 necessity of whose performance is deter- 
 mined entirely by the requirements of the 
 covenant itself, without regard to other 
 covenants between the parties relative to 
 the same subject-matter or transactions or 
 series of transactions. 
 
 Covenants are generally construed to be 
 independent (Piatt, Cov. 71; 2 Johns, [N. 
 Y.] 145; 10 Johns. [N. Y.I 204; 21 Pick. 
 [Mass.] 438; 1 Ld. Raym. 666; 3 Bing. [N. 
 S.] 355) ; unless the undertaking on one 
 side is in terms a condition to the stipula- 
 tion of the other, and then only consistently 
 with the intention of the parties (3 Maule 
 & S. 308; 10 East, 295, 530) ; or unless de- 
 pendency results from the nature of the 
 acts to be done, and the order in which they 
 must necessarily precede and follow each 
 other in the progress of performance 
 (Willes, 496) ; or unless the nonperform- 
 ance on one side goes to the entire sub- 
 stance of the contract, and to the whole 
 consideration (1 Seld. [N. Y.] 247). If 
 once independent, they remain so. 19 Barb. 
 (N. Y.) 416. 
 
 Executed or executory. 
 
 (8) Executed covenants are those which 
 relate to acts already performed. Shep. 
 Touch. 161. 
 
 (9) Executory covenants are those whose 
 performance is to be future. Shep. Touch. 
 161. 
 
 Express or implied. 
 
 (10) Express covenants are those which 
 are created by the express words of the 
 parties to the deed declaratory of their in- 
 tention. Piatt, Cov. 25. The formal word 
 "covenant" is not indispensably requisite 
 for the creation of an express covenant. 2 
 Mod. 268; 3 Keb. 848; 1 Leon. 324; 1 Bing. 
 433; 8 J. B. Moore, 546; 12 East, 182, note; 
 16 East, 352; 1 Bibb (Ky.) 379; 2 Bibb 
 (Ky.) 614; 3 Johns. (N. Y.) 44; 5 Cow. 
 (N. Y.) 170; 4 Conn. 508; 1 Har. (Del.) 
 233. The words "I oblige," "1 agree" (1 
 Ves. Jr. 516; 2 Mod. 266), "I bind myself" 
 (Hardr. 178; 3 Leon. 119), have been held 
 to be words of covenant, as are the words 
 of a bond (1 Chanc. Cas. 194). _ Any words 
 showing the intent of the parties to do or 
 not to do a certain thing raise an express 
 covenant (13 N. H. 513) ; but words im- 
 porting merely an order or direction that 
 other persons should pay a sum of money 
 are not a covenant (6 J. B. Moore, 202, 
 note [a]). 
 
 (11) Implied covenants are those which 
 arise by intendment and construction of 
 law from the use of certain words in some 
 kinds of contracts. Bac. Abr. "Covenant" 
 (B) ; Rawle, Cov. 364; 1 C. B. 402. Thus, 
 in a conveyance of lands in fee, the words 
 "grant, bargain, and sell" imply certain 
 covenants (see 4 Kent, Comm. 473), and 
 the word "give" implies a covenant of war- 
 ranty during the life of the feoffor (10 
 Cush. [Mass.] 134; 4 Gray [Mass.] 468; 2 
 Gaines [N. Y.] 193; 9 N. H. 222; 7 Ohio, 
 pt. 2, p. 63) ; and in a lease the use of the 
 words "grant and demise" (Go. Litt. 384; 
 4 Wend. [N. Y.] 502; 8 Cow. [N. Y.] 36), 
 "grant" (Freem. Gh. 367; Cro. Eliz. 214; 
 4 Taunt. 609; 1 Per. & D. 360), "demise" 
 (4 Coke, 80; 10 Mod. 162; Hob. 12; 9 N. 
 H. 222; 15 N. Y. 327), "demisement" (1 
 Show. 79; 1 Salk. 137), raises an implied 
 covenant on the part of the lessor, as do 
 "yielding and paying" (9 Vt. 151) on the 
 part of the lessee. In regard to the cove- 
 nants arising to each grantee by implica- 
 tion on sale of an estate with conditions, 
 in parcels to several grantees, see 23 Barb. 
 (N. Y.) 153. 
 
 Obligatory or declaratory. 
 
 (12) Obligatory covenants are those 
 which are binding on the party himself. 1 
 Sid. 27; 1 Keb. 337. 
 
 (13) Declaratory covenants are those 
 which serve to limit or direct uses. 1 Sid. 
 27; 1 Hob. 224. 
 
 Principal or auxiliary. 
 
 (14) Principal covenants are those which 
 relate directly to the principal matter of 
 the contract entered into between the par- 
 ties. They are distinguished from auxil- 
 iary. 
 
 (15) Auxiliary covenants are those which 
 do not relate directly to the principal mat- 
 ter of contract between the parties, but to 
 
COVENANT 
 
 252 
 
 COVENANT IN DEED 
 
 something connected with it. Those the 
 scope of whose operation is in aid or sup- 
 port of the principal covenant. If the prin- 
 cipal covenant is void, the auxiliary is dis- 
 charged. Anstr. 256; Prec. Chanc. 475, 
 Transitive or intransitive. 
 
 (16) Transitive covenants are those per- 
 sonal covenants the duty of .performing 
 which passes over to the representatives of 
 the covenantor. 
 
 (17) Intransitive covenants are those the 
 duty of performing which is limited to the 
 covenantee himself, and does not pass over 
 to his representative. 
 
 (18) Disjunctive or alternative covenants 
 are those which are for the performance of 
 one or more of several things, at the elec- 
 tion of the covenantor or covenantee, as the 
 case may be. Piatt, Gov. 21; 1 Duer (N. 
 Y.) 209. 
 
 (19) Covenants in deeds are express cov- 
 enants. 
 
 (20) Covenants in gross are such as do 
 not run with the land. 
 
 (21) Covenants in law are implied cove- 
 nants. 
 
 (22) Illegal covenants are those which 
 are expressly or impliedly forbidden by 
 law. Covenants are absolutely void when 
 entered into in violation of the express 
 provisions of statutes (5 Har. & J. [Md.] 
 193; 5 N. H. 96; 6 N. H. 225; 1 Bin. [Pa.] 
 118; 6 Bin. [Pa.] 321; 4 Serg. & R. [Pa.] 
 159; 4 Halst. [N. J.] 252), or if they are 
 of an immoral nature (3 Burrows, 1568; 
 
 1 Esp. 13; 1 Bos. & P. 340; 3 T. B. Mon. 
 [Ky.] 35), against public policy (4 Mass. 
 370; 5 Mass. 385; 7 Me. 113; 5 Halst. [N. 
 J.] 87; 3 Day [Conn.] 145; 7 Watts [Pa.] 
 152; 5 Watts & S. [Pa.] 315; 6 Miss. 769; 
 
 2 McLean [U. S.] 464; 4 Wash. C. C. [U. 
 S.] 297; 11 Wheat. [U. S.] 258), in gen- 
 eral restraint of trade (21 Wend. [N. Y.] 
 166; 7 Cow. [N. Y.] 307; 6 Pick. [Mass.] 
 206; 19 Pick. [Mass.] 51), or fraudulent 
 between the parties (4 Serg. & R. [Pa.] 
 483; 7 Watts & S. [Pa.] Ill; 5 Mass. 16), 
 or third persons (3 Day [Conn.] 450; 14 
 Serg. & R. [Pa.] 214; 3 Caines [N. Y.] 
 213; 2 Johns. [N. Y.] 286; 12 Johns. [N. 
 Y.] 306; 15 Pick. [Mass.] 49). 
 
 Covenants are also classified generally in 
 the same manner as simple contracts. See 
 "Contract." 
 
 The difference between covenants of sei- 
 zin, right to convey, and against encum- 
 brances, and those of warranty, quiet en- 
 joyment, and further assurance, is that the 
 former are in the present tense, relating 
 to something being or existing at the time 
 the covenant is made, while the latter re- 
 late to something future, and are to guard 
 against the consequence of some future ».ct, 
 or for the performance of some future 
 act which the condition of the title to the 
 estate may require. Newman v. Sevier, 134 
 111. App. 548. 
 
 It is frequently difficult to determine 
 whether a certain provision annexed to a 
 grant is a condition, covenant, restriction. 
 
 limitation or trust imposed on the prop- 
 erty, but if it is doubtful whether the 
 clause is a condition or a covenant it will 
 be construed to be a covenant. 267 111. 622; 
 232 111. 597. 
 
 —In Practice. A form of action which 
 lies to recover damages for breach of a 
 contract under seal. It is one of the brevia 
 formata of the register, is sometimes a con- 
 current remedy with debt, though never 
 with assumpsit, and is the only proper rem- 
 edy where the damages are unliquidated in 
 nature, and the contract is under seal. 
 Fitzh. Nat. Brev. 340; Chit. PL 112, 113; 
 Steph. N. P. 1058. 
 
 COVENANT AGAINST INCUM- 
 brances. One which has for its object se- 
 curity against those rights to, or interests 
 in, the land granted which may subsist in 
 third persons to the diminution of the value 
 of the, estate, though consistently with the 
 passing of the fee by the deed of convey- 
 ance. For what constitutes an incum- 
 brance, see "Incumbrance." 
 
 COVENANT COLLATERAL. A covenant 
 which is conversant about some collateral 
 thing that doth nothing at all, or riot so 
 immediately concern the thing granted; as 
 to pay a sum of money in gross, etc. Shep. 
 Touch. 161. 
 
 COVENANT FOR FURTHER ASSUR- 
 ance. One by which the covenantor under- 
 takes to do such reasonable acts in addition 
 to those already performed as may be nec- 
 essary for the completion of the transfer 
 made, or intended to be made, at the re- 
 quirement of the covenantee. It relates 
 both to the title of the vendor and to the 
 instrument of conveyance to the vendee, 
 and operates as well to secure the perform- 
 ance of all acts for suppljring any defect 
 in the former, as to remove all objections 
 to the sufficiency and security of the latter. 
 Piatt, Cov. 341. 
 
 COVENANT FOR QUIET ENJOYMENT. 
 
 An assurance against the consequences of 
 a defective title, and of any disturbances 
 thereupon. Piatt, Cov. 312. By it, when 
 general in its terms, the covenantor stipu- 
 lates at all events (11 East, 642; 1 Mod. 
 101) to indem^nify the covenantee against 
 all acts committed by virtue of a para- 
 mount title (Piatt, Cov. 313; 1 Lev. 83; 8 
 Lev. 305; Hob. 34; 4 Coke, 80b; Cro. Car. 
 5; 3 Term R. 584; 6 Term R. 66; 3 Duer 
 [N. Y.] 464; 2 Jones [N. C] 203; Busb. 
 [N. C] 384; 3 N. J. 260), not including the 
 acts of a mob (19 Miss. 87; 2 Strobh. [S. 
 C.] 366) , nor a mere trespass by the lessor 
 (10 N. Y. 151). It most generally occurs in 
 leases. 
 
 COVENANT IN DEED (called, also, 
 "covenant in fact," French, covenant en 
 fait, and "covenant expressed"). A cove- 
 nant expressed in words, or inserted in a 
 deed in specific terms. Termes de la Ley; 
 Shep. Touch. 160. There is no set form of 
 
COVENANT INHEEENT 
 
 253 
 
 COVENANT RUNNING 
 
 words necessary to constitute a covenant. 
 The usual form is that the covenantor, "for 
 himself, his heirs, executors, and admin- 
 istrators, covenants, promises, and agrees 
 to and with (the covenantee), his heirs, 
 executors, administrators, and assigns, 
 that," etc. 1 Archb. N. P. 250; U. S. Dig. 
 ^'Covenant." The formal word "covenant" 
 itself is not absolutely essential for this 
 purpose, Bouvier, voc. "Covenant," pi. 10, 
 and cases there cited; Hilliard, Real^ Prop. 
 364. 
 
 COVENANT INHERENT. A covenant 
 which is conversant about the land, and 
 knit to the estate in the land; as that the 
 thing demised shall be quietly enjoyed, shall 
 be kept in reparation, shall not be aliened, 
 etc. Shep. Touch. 161. 
 
 COVENANT NOT TO SUE. One entered 
 into by a party who has a cause of action 
 at the time of making it, by which he agrees 
 not to sue the party liable to such action. 
 
 A perpetual covenant not to sue is one 
 by which the covenantor agrees not to sue 
 the covenantee at any time. Such a cove- 
 nant operates as a release to the covenan- 
 tee, and may be pleaded as such. Cro. Eliz. 
 623; 1 Term R. 446; 8 Term R. 486; 2 Salk. 
 375; 3 Salk. 298; 12 Mod. 415; 7 Mass. 153; 
 16 Mass. 24; 17 Mass. 623; 3 Ind. 473. And 
 see 11 Serg. & R. (Pa.) 149. 
 
 A limited covenant not to sue, by which 
 the covenantor agrees not to sue for a lim- 
 ited time, does not operate a release; and 
 a breach must be taken advantage of by 
 action. Carth. 63; 1 Show. 46; 2 Salk. 573; 
 6 Wend. (N. Y.) 471; 5 Cal. 501. See 29 
 Ala. (N. S.) 322, as to requisite considera- 
 tion. 
 
 A covenant never to sue is regarded as 
 an absolute release, but a covenant not to 
 sue within a limited time cannot be pleaded 
 in bar of an action brought before the 
 time has expired. 13 111. 8. 
 
 COVENANT OF RIGHT TO CONVEY. An 
 
 assurance by the covenantor that the gran- 
 tor has sufficient capacity and title to con- 
 vey the estate which he by his deed under- 
 takes to convey. 
 
 COVENANT OF SEISIN. An assurance to 
 the grantee that the grantor has the very 
 estate, both in quantity and quality, which 
 he professes to convey. Piatt, Cov. 306. 
 134 111. App. 548. It has given place in 
 English conveyancing to the covenant of 
 right to convey, but is in use in several 
 states of the United States. 2 Washb. 
 Real Prop. 648. 
 
 COVENANT OF WARRANTY. An assur- 
 ance by the grantor of an estate that the 
 grantee shall enjoy the same without inter- 
 ruption by virtue of paramount title. 2 
 Jones (N. C.) 203; 3 Duer (N. Y.) 464. 
 
 It is not in use in English conveyances, 
 but is in general use in the United States 
 (2 Washb. Real Prop. 659), and in several 
 states is the only covenant in general use 
 
 (Rawle, Cov. 203, note; 4 Ga. 593; 8 Grat. 
 [Va.] 353; 6 Ala. 60). 
 
 The covenant of warranty originated at 
 common law from the feudal system from 
 the fact that as that system imposed on 
 the grantee the duties of tenure, it also 
 bound the . lord to a reciprocal obligation, 
 either to protect his tenant in his fief, or 
 to give him another, and this liability de- 
 scended to the heir as long as he had lands 
 of his ancestor to answer it. 58 111. 68. 
 
 A covenant of warranty is in effect the 
 same as a covenant for quiet enjoyment, 
 its true meaning being that the grantee, his 
 heirs and assigns, shall not be deprived of 
 possession by a paramount title. 25 111. 
 180; 134 III. App. 548. 
 
 COVENANT REAL. A covenant in a deed 
 binding the heirs of the covenantor, and 
 passing to assignees, or to the purchaser. 2 
 Bl. Comm. 304; 4 Kent, Comm. 471, 472. A 
 covenant which so runs with the land that 
 he that hath the one hath or is subject to 
 the other. Shep. Touch. 161. It is thus 
 distinguished from a personal covenant, 
 which affects only the covenantor, and the 
 assets in the hands of his representatives 
 after his death. 4 Kent, Comm. 470. The 
 covenants in a deed that the grantor is law- 
 fully seised, and has good right to convey, 
 and that the land is free from incumbranfie, 
 are personal covenants, not running with 
 the land; the covenant for quiet enjoyment, 
 and the covenant of warranty, are in the 
 nature of real covenants. Id. 471. But see 
 Id. 472, and notes; 1 Sumn. (U. S.) 263. 
 
 In the old books, a covenant real is also 
 defined to be a covenant by which a man 
 binds himself to pass a thing real, as lands 
 or tenements. Termes de la Ley; 3 Bl. 
 Comm. 156. 
 
 COVENANT RUNNING WITH LAND. A 
 
 covenant which goes with the land (con- 
 veyed by the deed in which it is expressed), 
 as being annexed to the estate, and which 
 cannot be separated from the land, and 
 transferred without it. 4 Kent, Comm. 472, 
 note. A covenant is said to run with the 
 land when not only the original parties to 
 the deed of conveyance, or their representa- 
 tives, but each successive owner of the land, 
 will be entitled to its benefit, or be liable, as 
 the case may be, to its obligation. 1 Steph. 
 Comm. 455, and note (r) ; Burton, Real 
 Prop. 157. Or, in other words, it is so called 
 when either the liability to perform it, or 
 the right to take advantage of it, passes to 
 the assignee of the land. 1 Smith, Lead. 
 Cas. 27, note; 5 Coke, 16a; 4 Kent, Comm. 
 470-473. See 17 Wend. (N. Y.) 136; U. S. 
 Dig. "Covenant." 
 
 A covenant to pay rent, to produce title 
 deeds, or for renewal, are covenants which 
 run with the land. All covenants concern- 
 ing title run with the land, with the excep- 
 tion of those that are broken, if at all, be- 
 fore the land passes. 4 Kent, Comm. 473. 
 
 Whether a covenant will run with the 
 
COVENANT TO CONVEY 
 
 254 
 
 COWARDICE 
 
 land depends not so much on whether it 
 Js to be performed on the land itself, as 
 whether it tends directly or necessarily to 
 enhance its value, or render it more bene- 
 ficial and convenient to those by whom it is 
 owned or occupied. 174 111. 453. 
 
 COVENANT TO CONVEY. A covenant by 
 which the covenantor undertakes to convey 
 to the covenantee the estate described in 
 the covenant, under certain circumstances. 
 
 This ' form of conditional alienation of 
 lands is in frequent use in several of the 
 United States. 14 Pa. St. 308; 19 Barb. (N. 
 Y.) 639; 4 Md. 498; 11 111. 194; 19 Ohio, 347. 
 Substantially the same effect is secured as 
 by a conveyance and a mortgage back for 
 the purchase money, with .the important dif- 
 ference, however, that the titlfe of course re- 
 mains in the covenantor till he actually exe- 
 cutes the conveyance. 
 
 The remedy for breach may be by action 
 on the covenant (29 Pa. St. 264), but the 
 better remedy is said to be in equity for spe- 
 cific performance (1 Grant Cas. [Pa.] 230). 
 
 It is satisfied only by a perfect conveyance 
 of the kind bargained for (19 Barb. [N. Y.] 
 639) ; otherwise where an imperfect convey- 
 ance has been accepted (4 Md. 498). 
 
 COVENANT TO STAND SEISED TO 
 uses. A covenant by means of which, under 
 the statute of uses, a conveyance of an es- 
 tate may be effected. Burton, Real Prop. 
 §§ 136, 145. 
 
 Such a covenant cannoi furnish the 
 ground for an action of covenant broken, 
 and in this respect resembles the ancient 
 real covenants. 
 
 The consideration for such a covenant 
 must be relationship either by blood or mar- 
 riage. 2 Washb. Real Prop. 129, 130. See 
 2 Seld. (N. Y.) 342. 
 
 As a mode of conveyance it has fallen 
 into disuse; though the doctrine is often re- 
 sorted to by courts in order to give effect 
 to the intention of the parties who have 
 undertaken to convey lands by deeds which 
 are insufficient for the purpose, under the 
 rules required in other forms of convey- 
 ance. 2 Washb. Real Prop. 155, 156; 2 
 Sanders, Uses, 79, 83; 4 Mass. 136; 18 Pick. 
 (Mass.) 397; 22 Pick. (Mass.) 376; 5 Me. 
 232; 11 Johns. (N. Y.) 351; 20 Johns. (N. 
 Y.) 85; B Yerg. (Tenn.) 249. 
 
 COVENANTEE. One in whose favor a 
 covenant is made. 
 
 COVENANTOR. One who becomes bound 
 to perform a covenant. 
 
 COVENANTS APPURTENANT. 
 
 which run with the land. 
 
 Those 
 
 COVENANTS FOR TITLE. Those in aid 
 of the title to property, usually land, con- 
 veyed or sold. They are "covenant of sei- 
 sin," "covenant against incumbrances," 
 "covenant for further assurance," "covenant 
 for quiet enjoyment," "covenant of war- 
 
 ranty," and "covenant of right to convey'' 
 (9- V.) 
 
 COVENANTS PERFORMED. In pleading. 
 A plea to an action of covenant, allowed in 
 the state of Pennsylvania, whereby the de- 
 fendant, upon informal notice to the plain- 
 tiff, may give anything in evidence which he 
 might have pleaded. 4 Dall. (Pa.) 439; 2 
 Yeates (Pa.) 107; 15 Serg. & R. (Pa.) 105. 
 And this evidence, it seems, may be given 
 in the circuit court without notice, unless 
 called for. 2 Wash. C. C. (U. S.) 456. 
 
 COVENTiON IN UNUM. The agreement 
 between the two parties to a contract upon 
 the sense of the contract proposed. It is 
 an essential part of the contract, following 
 the pollicitation or proposal emanating from 
 the one, and followed by the consension or 
 agreement of the other. If the second party 
 does not assent to the proposal in the sense 
 in which it is made, he is not bound by his 
 assent unless his mistake is unreasonable. 
 
 COVENTRY ACT. The common name 
 for St. 22 & 23 Car. II. c. 1, against maim- 
 ing by lying in wait, it having been enacted 
 in consequence of an assault on Sir John 
 Coventry in the street, and slitting his nose, 
 in revenge, as was supposed, for some ob- 
 noxious words uttered by him in parliament. 
 
 COVERT. Covered; protected; sheltered. 
 A pound covert is one that is close or cov- 
 ered over, as distinguished from pound 
 overt, which is open overhead. Co. Litt. 
 47b; 3 Bl. Comm. 12. A feme covert is so 
 called, as being under the wing, protection, 
 or cover of her husband. 1 Bl. Comm. 442. 
 
 In the colony laws of New Plymouth, chil- 
 dren are said to be "under the covert" of 
 their parents. 
 
 COVERT BARON. A wife. So called from 
 being under the protection of her husband, 
 baron, or lord. 
 
 COVERTURE. The condition or state of 
 a married woman. 
 
 During coverture, the civil existence of 
 the wife is, for many purposes, merged in 
 that of her husband. See "Abatement;" 
 "Parties." 
 
 COVIN. A secret contrivance between two 
 or more persons to defraud and prejudice 
 another of his rights. Co. Litt. 357b; 
 Comyn, Dig. "Covin" (A) ; 1 Viner, Abr. 
 473. See "Collusion;" "Fraud." 
 
 COWARDICE. Pusillanimity; fear; mis- 
 behavior through fear in relation to some 
 duty to be performed before an enemy. 
 O'Brien, Court-Martial, 142. 
 
 By both the army and navy regulations of 
 the United States, this is an offense punish- 
 able in ofiicers or privates with death, or 
 such other punishment as may be inflicted 
 by a court-martial. 1 Story, U. S. Laws, 
 761; Act Cong. April 10, 1806, art. 52. 
 
CRANAGE 
 
 255 
 
 CREDITORS' BILL 
 
 CRANAGE. A toll paid for drawing mer- 
 chandise out of vessels to the wharf. So 
 called because the instrument used for the 
 purpose is called a "crane." 8 Coke, 46. 
 
 CRASSA. Gross. Crassa negligentia, gross 
 negligence; crassa ignorantia, gross igno- 
 rance. 
 
 CRASTINUM, or CRASTINO (Lat. tomor- 
 row). On the day after. The return day 
 of writs is made the second day of the 
 term; the first day being some saint's day, 
 which gives its name to the term. In the 
 law Latin, crastino (the morning, the day 
 after) would then denote the return day. 2 
 Reeve, Hist. Eng. Law, 56, 57. 
 
 CRATES. 
 
 Vent. 304. 
 
 An Iron gate before a prison. 1 
 
 CRAVE. To ask; to demand. 
 
 This word is frequently used in pleading; 
 as, to crave oyer of a bond on which the 
 suit is brought; and in the settlement of 
 accounts the accountant general craves a 
 credit or an allowance. 1 Chit. Prac. 520. 
 See "Oyer." 
 
 CRAVEN, CRAVENT, or CRAVANT 
 (from Saxon crafan, to crave, beg, or im- 
 plore). In old English law. A word of 
 obloquy and disgrace, in the ancient trial by 
 battel, on the uttering of which by either 
 champion, he was considered as jrielding the 
 victory tc his opponent, and was condemned, 
 as a recreant, amittere liberam legem, to 
 lose his frank law, that is, to become in- 
 famous, and not to be accounted a free and 
 lawful man, liber et legalis homo, being sup- 
 posed by the court to be proved forsworn, 
 and therefore never to be put on a jury or 
 admitted as a witness in any cause. 3 Bl. 
 Comm. 340; 4 Bl. Comm. 348; 4 Steph. 
 Comm. 415. Called verbum recreantisae, 
 the word of recreancy. Fleta, lib. 1, c. 38, 
 § 18. The word is still popularly used in 
 the same dishonorable sense. See "Battel;" 
 "Champion;" "Recreant." 
 
 CREAMER, A foreign merchant; but 
 generally taken for one who has a stall in 
 a fair or market. Blount. 
 
 CREAMUS. We create. One of the words 
 by which a corporation in England was for- 
 merly created by the king. 1 Bl. Comm. 
 473. 
 
 CREANCE (Law Fr. from ereier, to be- 
 lieve). Belief; persuasion; trust; credit; 
 faith. Law Fr. Diet. 
 
 A claim; a debt. 1 Bouv. Inst, note 1040. 
 
 CREANCER, or CREANSOR. One who 
 
 trusts or gives credit; a creditor. Old Nat. 
 Brev. 66; Britt. cc. 28, 78. 
 
 CREDENTIALS. Papers which give a 
 title or claim to confidence. 
 
 In International Law. The Instru- 
 ments which authorize and establish a pub- 
 lic minister in his character with the 
 
 state or prince to whom they are addressed. 
 If the state or prince receive the minister, 
 he can be received only in the quality at- 
 tributed to him in his credentials. They are, 
 as it were, his letter of attorney, his man- 
 date patent, mandatum manifestum. Vattel, 
 liv. 4, c. 6, § 76. 
 
 CREDIBILITY. In a witness. Worthiness 
 of belief, as distinguished from competency 
 or capacity to testify. 
 
 CREDIBLE EVIDENCE. Within the 
 meaning of the rule that where a witness 
 has wilfully or corruptly sworn falsely the 
 jury may disregard his testimony unless 
 corroborated by "credible evidence," the 
 quoted expression means evidence worthy of 
 belief — that is, worthy to be considered by 
 the jury, and not evidence which is neces- 
 sarily true. 210 111. 452. 
 
 CREDIBLE WITNESS. One who, being 
 competent to give evidence, is worthy of 
 belief. 5 Mass. 219; 17 Pick. (Mass.) 154; 
 2 Curt. Ecc. 336. 
 
 CREDIT. The word "credit" is derived 
 from the Latin word "credere." 75 111. App. 
 665. 
 
 (1) The confidence reposed in the ability 
 and intention of a purchaser or borrower 
 to make payment at some future time, either 
 specified or indefinite. 75 111. App. 665. The 
 ability to borrow, on the opinion conceived 
 by the lender that he will be repaid. 
 
 (2) A debt due in consequence of a con- 
 tract of hire or borrowing of money. 
 
 (3) The time allowed by the creditor for 
 the pajrment of goods sold by him to the 
 debtor. 
 
 (4) That which is due to a merchant, as 
 distinguished from "debit," that which is 
 due by him. 
 
 (5) That influence connected with cer- 
 tain social positions. 20 TouUier, Dr. Civ. 
 note 19. 
 
 CREDITOR. A person to whom a debt is 
 owing by another person. 43 111. App. 426. 
 
 He who has a right to require the fulfill- 
 ment of an obligation or contract. 122 111. 
 404; 80 IlL App. 219. 
 
 One to whom a sum of money is due for 
 any cause. 80 111. 219. 
 
 CREDITORS' BILL. A bill in equity, filed 
 by one or more creditors, by and in behalf 
 of him or themselves, and all other creditors 
 who shall come in under the decree, for an 
 account of the assets and a due settlement 
 of the estate of a decedent. 
 
 The usual decree against the executor or 
 administrator is quod computet; that is to 
 say, it directs the master to take the ac- 
 counts between the deceased and all his 
 creditors, and to cause the creditors, upon 
 due public notice, to come before him to 
 prove their debts at a certain place, and 
 within a limited time; and it also directs 
 the master to take an account of all the 
 personal estate of the deceased in the hands 
 
CREDITORUM 
 
 256 
 
 CRIME 
 
 of the executor or administrator, and the 
 same to be applied in payment of the debts 
 and other charges in a due course of ad- 
 ministration. 1 Story, Eq. Jur, 442. 
 
 CREDITORUM APPELLATIONE NON 
 hi tantum accipiuntur qui pecunlam credi- 
 derunt, sed omnes quibus ex qualibet causa 
 debetur. Under the head of creditors are 
 included not alone those who have lent 
 money, but all to whom, from any cause, a 
 debt is owing. Dig. 50. 16. 11. 
 
 CREEK. In maritime law. Such little in- 
 lets of the sea, whether within, the precinct 
 or extent of a port or without, which are 
 narrow passages, and have shore on either 
 side of them. Callis, Sew. 56; 5 Taunt. 705. 
 
 Such inlets that, though possibly for their 
 extent and situation they might be ports, 
 yet they are either members of or depend- 
 ent upon other ports. 
 
 The term imports a recess, cove, bay, or 
 inlet in the shore of a river, and not a sep- 
 arate or independent stream, though some- 
 times used in the latter meaning. 38 N. Y. 
 103. 
 
 In England the name arose thus: The 
 king could not conveniently have a cus- 
 tomer and comptroller in every port or 
 haven; but such custom officers wpre fixed 
 at some eminent port, and the smaller ad- 
 jacent ports became by that means creeks, 
 or appendants of that port where these cus- 
 tom officers were placed. 1 Chit. Com. Law, 
 726; Hale, de Port. Mar. pt. 2, c. 1, vol. 1, 
 p. 46; Comyn, Dig. "Navigation" (C) ; Cal- 
 lis, Sew. 34. 
 
 CREMENTUM COMITATUS. The in- 
 crease of the county. The inferease of the 
 king's rents above the old vicontlal rents, 
 for which the sheriffs were to account. 
 Wharton. 
 
 CREPARE OCULUM. In Saxon law. To 
 put out an eye ; which had a pecuniary pun- 
 ishment of fifty shillings annexed to it. 
 Wharton. 
 
 CREPUSCULUM. Daylight; twilight. The 
 light which immediately precedes or follows 
 the rising or setting of the sun. 4 Bl. 
 Comm. 224. Housebreaking during the pe- 
 riod in which there is sunlight enough to 
 discern a person's face (crepiisculum) is 
 not burglary. Coke, 3d Inst. 63; 1 Russ. 
 Crimes, 820; 3 Greenl. Ev. § 75. 
 
 CRESCENTE MALITIA CRESCERE DE- 
 
 bet et poena. Vice increasing, punishment 
 ought also to increase. Coke, 2d Inst. 479. 
 
 CRETIO. Time for deliberation allowed 
 an heir to decide whether he would or would 
 not take an inheritance. Calv. Lex.; Tay- 
 lor. 
 
 CREW. A ship's complement of men and 
 officeirs. "In its general and popular sense, 
 it is equivalent to 'company.' In the laws 
 of the United States on maritime subjects, 
 it is sometimes used to comprehend all per- 
 
 sons com})osing the ship's company, includ- 
 ing the master; sometimes to comprehend 
 the officers as common seamen, excluding 
 the master; and sometimes to include the 
 common seamen only, excluding the master 
 and officers. But in the last two classes it 
 will be found that the context contains lan- 
 guage which explains and limits the general 
 to the particular use." 3 Sumn. (U. S.) 
 209. 
 
 CRIER. A bailiff or other attendant in 
 court, whose duty is to make proclamations 
 in court. 
 
 CRIEZ LA PEEZ. Rehearse the concord, 
 or peace. A phrase used in the ancient pro- 
 ceedings for levying fines. It was the form 
 of words by which the justice before whom 
 the parties appeared directed the serjeant 
 or countor in attendance to recite or read 
 aloud the concord or agreement between the 
 parties, as to the lands intended to be con- 
 veyed. 2 Reeve Hist. Eng. Law, 224, 225; 
 Crabb, Hist. Eng. Law, 179. 
 
 CRIM, CON. An abbreviation for criminal 
 conversation, of very frequent use, denoting 
 adultery; unlawful sexual intercourse with 
 a married woman. BuUer, N. P. 27; Bac. 
 Abr. "Marriage" (E 2) ; 4 Blackf. (Ind.) 
 157. 
 
 CRIME. Any act or omission prohibited 
 by public law for the protection of the pub- 
 lic, and made punishable by the state in a 
 judicial proceeding in its own name. It is 
 a public wrong, as distinguished from a 
 mere private wrong or injury to an indi- 
 vidual. 1 Clark & Marshall, Crimes, § 1. 
 
 A wrong which the government deems 
 injurious to the public at large, and pun- 
 ishes through a judicial proceeding in its 
 own name. 1 Bish. New Crim. Law, § 32. 
 
 An act committed or omitted in violation 
 of a public law either forbidding or com- 
 manding it. 4 Bl. Comm. 15. This defini- 
 tion has frequently been quoted with ap- 
 proval, but it is inaccurate. In the first 
 place, it is not the "act omitted" that con- 
 stitutes a crime, but the omission to act. In 
 the second place, the term "public law" is 
 too broad, for it includes many other !aws 
 besides those which define and punish 
 crimes. An act is not necessarily a crime 
 because it is prohibited by a public law. To 
 constitute a crime, it must be punished to 
 protect the public, and must be punished 
 by the state or other sovereign. Clark & 
 Marshall, Crimes, § 1. 
 
 Violations of municipal ordinances are 
 generally held not to be crimes, for the 
 reason that such ordinances are not pubhc 
 laws, and the punishment for their violation 
 is imposed by a less authority than the state. 
 29 Minn. 445; 36 Ala. 261; 47 Ohio St. 481; 
 55 Wis. 487. Contra, see 75 Mich. 611; 27 
 Tex. App. 342. 
 
 "Crime" is a generic term, including trea- 
 son, felonies, and misdemeanors (31 Wis. 
 383; 75 Mich. 611; 60 111. 168; 42 Minn. 
 
CRIME AGAINST NATURE 
 
 257 
 
 CRIMINATE 
 
 258; 48 Ind. 123), though some earlier writ- 
 ers use the term as excluding misdemeanors 
 (4 Bl. Comm. 5). 
 
 CRIME AGAINST NATURE. Sodomy. 
 
 CRIMEN (Lat.) A crime. 
 
 In the civil law. A charge of crime. 
 
 - — Crimen Falsi. In civil law. A fraud- 
 ulent alteration, or forgery, to conceal or al- 
 ter the truth, to the prejudice of 'another. 
 This crime may be committed in three ways, 
 namely: by forgery; by false declarations 
 or false oath, — ^perjury; by acts, as by deal- 
 ing with false weights and measures, by al- 
 tering the current coin, by making false 
 keys and the like. See Dig. 48. 10. 22; Id. 
 34. 8. 2; Code, 9. 22; Id. 2. 5. 9. 11. 16. 17. 
 23. 24; Merlin, Repert.; 1 Brown, Civ. Law, 
 426; 1 Phil. Ev. 26; 2 Starkie, Ev. 715. 
 
 At common law. Any crime which may 
 injuriously aflfect the administration of jus- 
 tice, by the introduction of falsehood and 
 fraud. 1 Greenl, Ev. § 373. 
 
 The meaning of this term at common law 
 is not well defined. It has been held to 
 Include forgery (5 Mod. 74), perjury, sub- 
 ornation of perjury (Co. Litt. 6b; Comyn, 
 Dig. "Testmoigne" [A 5]), suppression of 
 testimony by bribery or conspiracy to pro- 
 cure the absence of a witness ([Ryan & M. 
 434), conspiracy to accuse of crime (2 Hale, 
 P. C. 277; 2 Leach, C. C. 496; 3 Starkie, 21; 
 2 Dods. Adm. 191), barratry (2 Salk. 690). 
 The effect of a conviction for a crime of 
 this class is infamy, and incompetency to 
 testify. Statutes sometimes provide what 
 shall be such crimes. 
 
 ■^Crimen Furti. The offense of theft. 
 Crimen Incendii. In old criminal law.' 
 The crime of burning, which included not 
 only the modern crime of arson, or burning 
 of a house, but also the burning of a man, 
 beast, or other chattel. Britt. c. 9; Crabb, 
 Hist. Eng. Law, 308. 
 
 Crimen Innomlnatum. The nameless 
 
 crime; sodomy. 
 
 Crimen Laesae-Majestatls. Injuring 
 
 or violating the majesty of the king's per- 
 son; any crime affecting the king's person. 
 4 Bl. Comm. 76. 
 
 ——Crimen Raptus. Rape. 
 
 Crimen Roberiae. Robbery. 
 
 ■—^Crimen Trahit Personam. The crime 
 carries the person; i. e., the commission of 
 a crime gives the courts of the place where 
 it is committed jurisdiction over the person 
 Of the offender. 3 Denio (N. Y.) 190, 210. 
 
 CRIMEN FALSI DICITUR, CUM QUIS IL- 
 lloltur, cul non fuerit ad haec data auctorl- 
 tas, de eiglllo regis rapto vel invento bre- 
 vla, eartasve obnslgnaverit. The crimen 
 ftM (crime of falsifying) is when any one 
 illicitly, to whom power has not been given 
 for such purposes, has signed writs or char- 
 ters with the king's seal, which he has either 
 stolen or fiijnnd. Fleta, lib, 1, c. 23. 
 
 CRIMEN LAESAE MAJESTATIS OMNIA 
 alia crlmina excedit quoad poenam. The 
 
 crime of treason exceeds all other crimes as 
 far as its punishment is concerned. Coke, 
 3d Inst. 210, 
 
 CRIMEN OMNIA EX SE NATA VITIAT. 
 Crime vitiates everything which springs 
 from it. 6 Hill (N. Y.) 523, 531. 
 
 CRIMINA MORTE EXTINGUUNTUR. 
 Crimes are extinguished by death. 
 
 CRIMINAL. As a noun, one who has been 
 guilty of a crime. 
 
 As an adjective, violative of the criminal 
 law; pertaining to crime, or to penal juris- 
 prudence. 
 
 CRIMINAL ACT. A crime. Sometimes 
 applied to the act of crime, as severed from 
 the criminal intent. 
 
 CRIMINAL ATTEMPT. Whenever one 
 intending to commit a particular crime does 
 an act toward it, but is interrupted, or some 
 accident intervenes, so that he fails to ac- 
 complish what he meant, he is said to have 
 been guilty of a criminal attempt. 181 111. 
 488. 
 
 CRIMINAL CONTEMPT. Acts in disre- 
 spect of the court or its process, or tend- 
 ing to bring it into disrepute, or obstruct 
 the administration of justice. 153 111. 647. 
 
 A criminal contempt embraces all acts 
 committed against the majesty of the law 
 or the dignity of the court. 114 111. App. 
 326. 
 
 CRIMINAL CONVERSATION. See "Crim. 
 Con." 
 
 CRIMINAL INFORMATION. A criminal 
 suit brought, without the interposition of a 
 grand jury, by the proper officer of the king 
 or state. Cole, Crim. Inf.; 4 Bl. Comm. 398. 
 
 CRIMINAL INTENT. See "Intent." 
 
 CRIMINAL LAW. That branch of juris- 
 prudence which treats of crimes and of- 
 fenses. 
 
 CRIMINAL LAW CONSOLIDATION 
 Acts. The English acts (24 & 25 Vict. cc. 
 94-100) whereby the criminal law of the 
 country was practically codified. 
 
 CRIMINAL LETTERS. In Scotch law. A 
 summons issued by the lord advocate or his 
 deputies as the means of commencing a 
 criminal process. It differs from an indict- 
 ment, and is like a criminal information at 
 common law. 
 
 CRIMINAL PROCEDURE. The course or 
 system of proceedings established by law, 
 whereby persons accused of crime are ap- 
 prehended, tried, and their punishment fixed. 
 
 CRIMINALITER. Criminally; or criminal 
 process. 
 
 CRIMINATE. To exhibit evidence of the 
 commission of a criminal offense. 
 
CRITICISM 
 
 258 
 
 CROWN OFFICE IN CHANCERY 
 
 To charge with crime, or implicate in a 
 charge of crime. 
 
 CRITICISM. The art of judging skillfully 
 of the merits or beauties, defects or faults, 
 of a literary or scientific performance, or of 
 a production of art. When the criticism is 
 reduced to writing, the writing itself is 
 called a criticism. 
 
 CRO, CROO, or CROY. In old Scotch law. 
 A composition, satisfaction, or assythment 
 for the slaughter of a man. Same as were- 
 gild. Spelman. 
 
 CROCKARDS, or CROCARDS. A. foreign 
 coin of base metal, prohibited by St. 27 
 Edw. I. St. 3, from being brought into the 
 realm. 4 Bl. Comm. 98; Crabb. Hist. Eng. 
 Law, 176. 
 
 CROFT. A little close adjoining a dwell- 
 ing house, and inclosed for pasture and 
 tillage, or any particular use. Jacob, Law 
 Diet. A small space fenced off, in which to 
 keep farm cattle. Spelman. The word is 
 now entirely obsolete. 
 
 CROISES. Pilgrims; so called, as wear- 
 ing the sign of the cross on their upper 
 garments. Britt. c. 122, The knights of 
 the order of St. John of Jerusalem, created 
 for the defense of the pilgrims. Cowell; 
 Blount. 
 
 CROITEIR. A crofter; one holding a 
 croft. 
 
 CROPPER. One who, having no interest 
 in the land, works it in consideration of 
 receiving a portion of the crop for his labor. 
 2 Rawle (Pa.) 12. 
 
 CROPS. Grain or other cultivated plants 
 or fruits; the product of the harvest there- 
 of. 
 
 CROSS ACTION. An action by a defend- 
 ant in an action, against the plaintiff in the 
 same action, upon the same contract, or for 
 the same tort. Thus, if Peter bring an ac- 
 tion of trespass against Paul, and Paul 
 bring another action of trespass against 
 Peter, the subject of the dispute being an 
 assault and battery, it is evident that Paul 
 could not set off the assault committed upon 
 him by Peter, in the action which Peter had 
 brought against him; therefore a cross 
 action becomes necessary. 
 
 CROSS APPEAL. Where both parties ap- 
 peal, the appeals are sometimes called "cross 
 appeals." 
 
 CROSS BILL. A bill by a defendant to a 
 biU in equity against the plaintiff or a co- 
 defendant for further relief in respect to the 
 matters embraced in the suit. 
 
 It is an auxiliary suit or dependency on 
 the original suit. 35 N. H. 251. 
 
 CROSS DEMANDS. Mutual demands; 
 claim and counterclaim. 
 
 CROSS ERRORS. Errors being assigned 
 by the respondent in a writ of error, the 
 errors assigned on both sides are called 
 "cross errors." 
 
 CROSS EXAMINATION. In practice. The 
 examination of a witness by the party op- 
 posed to the party who called him, and who 
 examined or was entitled to examine him in 
 chief. 
 
 CROSS REMAINDER. Where a particular 
 estate is conveyed to several persons in com- 
 mon, and, upon the termination of the in- 
 terest of either of them, his share is to re- 
 main over to the rest, and the reversioner 
 or remainder man is not to take till the 
 termination of all the estates, the parties 
 take as tenants in common, vsrith cross re- 
 mainders between them. 4 Cruise, Dig. 249; 
 1 Hilliard, Real Prop. 650. It is not an es- 
 sential quality of cross remainders that the 
 original estates should be held in common. 
 1 Prest. Est. 94; 2 Washb. Real Prop. Index. 
 
 CROSS RULES. These were rules where 
 each of the opposite litigants obtained a rule 
 nisi, as the plaintiff to increase the dam- 
 ages, and the defendant to enter a nonsuit. 
 Wharton, 
 
 CROWN CASES. In English law. Crim- 
 inal prosecutions. 
 
 CROWN CASES RESERVED. Questions 
 of law reserved on the trial of criminal cases 
 at assize for consideration of the court of 
 criminal appeal. 
 
 CROWN LAW. Criminal law; the crown 
 being the prosecutor. 
 
 CROWN OFFICE. The criminal side ol 
 the court of king's bench. The king's at- 
 torney in this court is called "master of 
 the crown office." 4 Bl. Comm. 308. 
 
 CROWN OFFICE IN CHANCERY. One 
 
 of the offices of the English high court of 
 chancery, now transferred to the high court 
 of justice. The principal official, the clerk 
 of the crown, is an officer of parliament, 
 and of the lord chancellor, in his nonjudi- 
 cial capacity, rather than an officer of the 
 courts of law. Second Rep. Leg. Dep. Comm. 
 39. His principal duties are to make out 
 and issue writs of summons and election 
 for both houses of parliament, and to keep 
 the custody of poll books and ballot papers. 
 Nearly all patents passing the great seal, 
 except those for inventions (Great Seal Act, 
 1880), are made out in his office, and he 
 makes out the warrants for almost aU let- 
 ters patent under the great seal. See "Pa- 
 tent." He also does the duties formerly 
 performed by the clerk of the Hanaper. 
 They chiefly consisted in collecting fees, but 
 have now ceased almost entirely. He is 
 registrar of the lord high steward's cwrt. 
 Second Rep. Leg. Dep. Comm. 39; Rep. 
 Oomm. on Fees, 6; 2 & 8 Wm. IV. c. 3; 3 
 & 4 Wm. IV. c. 84; 15 & 16 Vict. c. 87; 
 37 & 38 Vict. c. 81. 
 
CROWN PAPER 
 
 259 
 
 CRUELTY 
 
 CROWN PAPER. A paper containing the 
 list of criminal cases which await the hear- 
 ing or decision of the court, and particu- 
 larly of the court of queen's bench; and it 
 then Includes all cases arising from infor- 
 mations quo warranto, crimmal informa- 
 tions, criminal cases brought up from infe- 
 rior courts by writ of certiorari, and cases 
 from the sessions. Brown. 
 
 CROWN SIDE. The criminal side of the 
 court of king's bench. Distinguished from 
 the pleas side, which transacts the civil 
 business. 4 Bl. Comm. 265. 
 
 CROWN SOLICITOR, la England, the 
 solicitor to the treasury acts, in state prose- 
 cutions, as solicitor for the crown in prepar- 
 ing the prosecution. In Ireland there are 
 officers called "crown solicitors" attached to 
 each circuit, whose duty it is to get up every 
 case for the crown in criminal prosecutions. 
 They are paid by salaries. There is no such 
 system in England, where prosecutions are 
 conducted by solicitors appointed by the par- 
 ish, or other persons bound over to prose- 
 cute by the magistrates on each committal; 
 but in Scotland the still better plan exists 
 of a crown prosecutor (called the "procura- 
 tor-fiscal," and being a subordinate of the 
 lord-advocate) in every county, who pre- 
 pares every criminal prosecution. Wharton. 
 
 CROWNER, or CROUNER. In old Scotch 
 law. Coroner; a coroner. Skene de Verb. 
 Sign. 
 
 CROY. In old English law. Marsh land. 
 Blount. 
 
 CRUCE SIGNATI. In old English law. 
 Signed or marked with a cross. Pilgrims to 
 the holy land, or crusaders. So called be- 
 cause they wore the sign of the cross upon 
 their garments. Spelman, voc. "Crucifen." 
 
 CRUEL. Implies a merciless and savage 
 disposition, taking pleasure in suffering, and 
 without pity. The evil and malicious will 
 must be present to constitute an act cruel. 
 15 Pa. Co. Ct. 515, 
 
 CRUEL AND ABUSIVE TREATMENT. 
 
 To constitute grounds for divorce under the 
 statutory provision, must be such as results 
 in actual injury or creates reasonable ap- 
 prehension of danger of such injury. 175 
 Mass. 7. 
 
 Actual personal violence or the reasona- 
 ble apprehension of it, or such a course of 
 treatment as endangers life or health and 
 renders cohabitation unsafe. 48 Penn. St. 
 238. 
 
 CRUEL TREATMENT. Within the mean- 
 ing of the civil code is the vrilful infliction 
 of pain, bodily or mental, upon another, such 
 as reasonably justifies an apprehension of 
 danger to life, limb, or health. 129 Ga. 
 247. 
 
 CRUELTY. Legal cruelty is such conduct 
 on the part of one spouse as vrill endanger 
 
 the life, limb, or health of the other, or 
 create a reasonable apprehension of bodily 
 harm. 36 Ga. 817. And may consist of 
 duress or threats tending to injury to 
 health, 39 L. J. P. & M. 28; 21 L. T. 564; 
 or terrifying a wife into immorality, 35 L. 
 J. P. & M. 37; publicly outraging a wife's 
 feelings by insulting language and assault- 
 ing her, even though no personal injury be 
 inflicted, 31 L. J. P. & M. 159; a violently 
 intended, but futile, assault, or spitting on 
 a wife, 1 Hagg. Ecc. Supp. 776; habitual 
 insult and violence of temper, inducing 
 quarrels and producing physical suflfering, 
 34 L. J. P. & M. 112; knowingly or reckless- 
 ly imparting a venereal disease, L. R. 1 P. & 
 D. 233; Id. 46; 35 L. J. P. & M. 13; as to 
 cutaneous disease, 1 Sp. Ecc. & Ad. 205 ; un- 
 reasonable denial of usual necessaries and 
 comforts so as to affect health, 3 N. C. 340 ; 
 2 Add. 382 ; cruelty to children in the moth- 
 er's presence, in order to wound her feel- 
 ings, and to such an extent as probably to 
 be injurious to her health, 28 L. J. P. & M. 
 46; 42 L. J. P. & M. 23; but such acts as 
 drunkenness, 29 L. J. P. & M. 64; debauch- 
 ing household servants, 34 L. J. P. & M. 
 139 ; debarring a wife from intercourse with 
 her family, 4 Hagg. Ecc. 269; sleeping in a 
 separate bed, 1 Hagg. Ecc. Supp. 776, are 
 not. 
 
 Cruelty is not excused by drunkenness or 
 delirium, tremens, 28 L. J. P. & M. 13; 1 
 Sw. & Tr. 312; 7 W. R. 129; or ungovern- 
 able passion, 27 L. J. P. & M. 73; 1 Sw. & 
 Tr. 192; but insanity excuses, 33 L. J. P. & 
 M. 65; 3 Sw. & Tr. 349; 1 Sw. & Tr. 591. 
 
 Extreme and Repeated. Wilful mis- 
 conduct which endangers the life or health 
 of the other spouse, or exposes her to bodily 
 hazard and intolerable hardship and ren- 
 ders cohabitation unsafe. Many acts are not 
 necessary, but there must be more than one 
 act of violence. 138 111. 445. 
 
 When charged to the wife, slight acts of 
 violence are insufficient so long as it may 
 be reasonably presumed that the husband 
 will be able to protect himself. 140 111. 829. 
 To Animals. Cruelly beating, ill- 
 treating, over-driving, or inflicting unneces- 
 sary pain. Incensing cocks to fight, 32 L. 
 J. M. C. 95; cutting cock's comb for ex- 
 hibition purposes, 46 L. J. M. C. 211, is 
 such cruelty; and so it may be such cruelty 
 to turn an animal which is already suffer- 
 ing into a field to graze, when it can only 
 do so by giving itself additional pain, 26 
 W. R. 332; 42 J. P. 248; 38 L. T. 360. But 
 the mere omission to kill a suflfering animal 
 is not such cruelty Id.) ; nor the merely 
 unlawful killing of an animal, or shooting 
 it intending to kill it but leaving it to die 
 in pain, 26 W. R. 721; nor the sending par- 
 rots a ten-hours' railway journey without 
 water, 50 L. J. M. C. 67; 29 W. R. 538; 
 45 J. P. 522; 44 L. T. 424; nor a painful 
 operation bona fide believed to be proper, 
 e. g., — spaying sows, to improve the flesh 
 as human food, 56 L. J. M. C. .45. 
 
CRUISE 
 
 260 
 
 CUJUS EST SOLUM EJUS 
 
 CRUISE. A voyage or expedition in quest 
 of vessels or fleets of the enemy which may 
 be expected to sail in any particular track 
 at a certain season of the year. The region 
 in which these cruises are performed is usu- 
 ally termed the "rendezvous," or "cruising- 
 latitude." When the ships employed for this 
 purpose, which are accordingly called "cruis- 
 ers," have arrived at the destined station, 
 they traverse the sea backwards and for- 
 wards, under an easy sail, and within a lim- 
 ited space, conjectured to be in the track of 
 their expected adversaries. Weskett, Ins.; 
 Lex Merc. Rediv. 271, 284; Doug. 509; Park, 
 Ins. 58; Marsh. Ins. 196, 199, 520; 2 Gall. 
 (U. S.) 268. 
 
 CRY DE PAYS, or CRY DE PAIS. A hue 
 
 and cry raised by the country. This was 
 allowable, in the absence of the constable, 
 when a felony had been committed. 
 
 CRYER. See "Crier." 
 
 CUCKING STOOL. An engine or machine 
 for .the punishnient of scolds and unquiet 
 women. Called, also, a "trebucket," "tum- 
 brill," and "castigatory." Bakers and brew- 
 ers were formerly also liable to the same 
 punishment. Being fastened in the machine, 
 they were immersed over head and ears in 
 some pool. Blount; Coke, 3d Inst. 219; 4 
 Bl. Comm. 168. 
 
 CUI ANTE DIVORTIUM (Law Lat.) The 
 full phrase was, cui ipsa ante divortium con- 
 tradicere non potuit,^ whom she before the 
 divorce could not gainsay. 
 
 In Practice. A writ which anciently 
 
 lay in favor of a woman who had been di- 
 vorced from her husband to recover lands 
 and tenements which she had in fee simple, 
 fee tail, or for life, from him to whom her 
 husband had aliened them during the mar- 
 riage, when she could not gainsay it. Fitzh. 
 Nat. Brev. 240; 3 Sharswood, Bl. Comm. 
 183, note; Stearns, Real Actions, 143; Booth, 
 Real Actions, 188. 
 
 CUI IN VITA (Law Lat.) The full phrase 
 was, cui in vita siia, ipsa contradicere non 
 potuit, whom in his lifetime she could not 
 gainsay. 
 
 In Practice. A writ of entry which lay 
 
 for a widow against a person to whom her 
 husband had in his lifetime aliened her 
 lands. Fitzh. Nat. Brev. 193. The object 
 of the writ was to avoid a judgment ob- 
 tained against the husband by confession or 
 default. It is now of no use in England, 
 by force of the provisions of St. 32 Hen. 
 VIIL c. 28, §6. See 6 Coke, 8, 9; Booth, 
 Real Actions, 186. As to its use in Penn- 
 sylvania, see 3 Bin. (Pa.) ; Rep. Comm. Pa. 
 Civ. Code 1835, 90, 91. 
 
 CUI JURISDICTIO DATA EST, EA QUO- 
 que concessa esse videntur sine quibus Juris- 
 dictlo explicarl non potest. To whom juris- 
 diction is given, to him those things also 
 are held to be granted without which the 
 jurisdiction cannot be exercised. Dig. 2. 1. 
 
 2; 1 Wooddeson, Lect. introd. Ixxi; 1 Kent, 
 Comm. 339. 
 
 CUI JUS EST OONANDI, EIDEM ET 
 vendendi et concedendl jus est. He who has 
 a right to give has also a right to sell and 
 to grant. Dig 50. 17. 168. 
 
 CUI LICET QUOD MAJUS NON DEBET 
 quod minus est non licere. He who has au- 
 thority to do the more important act shall 
 not be debarred from doing that of less im- 
 portance. 4 Rep. 23; Co. Litt. 355b; 2 Inst, 
 307; Noy, Max. 26; Finch, Law, 22; 3 Mod. 
 382, 392; Broom, Leg. Max. (3d London 
 Ed.) 165; Dig. 50. 70, 21. 
 
 CUI PATER EST POPULUS NON HA- 
 bet ille patrem. He to whom the people Is 
 father has not a father. Co. Litt. 123. 
 
 CUICUNQUE ALIQUIS QUID CONCEDIT 
 concedere videtur et id, sine quo res Ipsa 
 esse non potuit. Whoever grants a thins Is 
 supposed also tacitly to grant that without 
 which the grant itself would be of no eifect. 
 11 Coke, 52; Broom, Leg. Max. (3d London 
 Ed.) 426; Hob. 234; Vaughan, 109; 11 Exch. 
 775; Shep. Touch. 89; Co. Litt. 56a. 
 
 CUILIBET IN ARTE SUA PERITO EST 
 
 credendum. Credence should be given to 
 one skilled in his peculiar art. Co. Litt. 
 125; 1 Sharswood, Bl. Conun. 75; Phil. Bv. 
 (Cow. & H. notes), pt. 1, p. 759; 11 Clark 
 
 & F. 85. 
 
 CUILIBET LICET JURI PRO SE INTRO- 
 ducto renunciare. Any one may waive or 
 renounce the benefit of a principle or rule 
 of law that exists only for his protection. 
 
 CUIQUE IN SUA ARTE CREDENDUM 
 est. Every one is to be believed in his own 
 art. 9 Mass. 227. 
 
 CUJUS EST COMIVIODUM EJUS DEBET 
 esse incommodum. He who receives the 
 benefit should also bear the disadvantage. 1 
 Kames, Eq. 289; Broom, Leg. Max. (3d 
 London Ed.) 837. 
 
 CUJUS EST DARE EJUS EST DISPO- 
 nere. He who has a right to give has the 
 right to dispose of the gift. Wingate, Max. 
 63; Broom, Leg. Max. (3d London Ed.) 440; 
 2 Coke, 71. 
 
 CUJUS EST DIVISIO ALTERIUS EST 
 electio. Whichever of two parties has the 
 division, the other has the choice. Co. Litt. 
 166. 
 
 CUJUS EST DOMINIUM EJUS EST PER- 
 iculum. The risk lies upon the owner ol 
 the subject. Tray. Lat. Max. 114. 
 
 CUJUS EST INSTITUERE EJUS EST 
 abrogare. Whose it is to institute, his it is 
 also to abrogate. Sydney, Gov. 15; Broom, 
 Leg. Max. (3d London Ed.) 785. 
 
 CUJUS EST SOLUM EJUS EST USQUE 
 ad coelum. He who owns the soil owns it 
 
CUJUS JURIS 
 
 261 
 
 CUM IN TESTAMENTO 
 
 up to the sky. Broom, Leg. Max. (3d Lon- 
 don Ed.) 309; Shep. Touch. 90; 2 Bouv. 
 Inst, notes 15, 70; 2 Sharswood, Bl. Comm. 
 18; 9 Coke, 54; 4 Campb. 219; 11 Exch. 
 822; 6 El. & Bl. 76. ^ 
 
 CUJUS JURIS (r. e., JURISDICTIONIS) 
 est princtpale, ejusdem Juris erit accesso- 
 rium. He who has jurisdiction of the prin- 
 cipal has also of the accessory. Coke, 2d 
 Inst. 493; Bracton, 481. 
 
 CUJUS PER ERROREM DATI REPETI- 
 tio est, ejus consulto dati, donatio est. That 
 which, when given through mistake, can be 
 recovered back, when given with knowledge 
 of the facts, is a gift. Dig. 50. 17. 53. 
 
 CUJUSQUE REI POTISSIMA PARS 
 principlum est. The principal part of every- 
 thing is the beginning. Dig. 1. 2. 1; 10 
 Coke, 49. 
 
 CUL DE SAC (Fr. the bottom of a sack). 
 A blind alley; a street which is open at one 
 end only. 
 
 CULAGIUM. The laying up a ship in a 
 dock for repair. Cowell; Blount. 
 
 CULPA. A fault; negligence. Jones, 
 Bailm. 8. 
 
 Culpa is to be distinguished from dolvs, 
 the latter being a trick for the purpose of 
 deception, the former merely negligence. 
 There are three degrees of culpa: Lata cul- 
 pa, gross fault or neglect; levis culpa, ordi- 
 nary fault or neglect; hvissima culpa, slight 
 fault or neglect; and the definitions of these 
 degrees are precisely the same as those in 
 our law. Story, Bailm. § 18. 
 
 CULPA CARET, QUI SCIT, SED PROHI- 
 bere non potest. He Is clear of blame who 
 knows, but cannot prevent Dig. 50. 17. 50. 
 
 CULPA EST IMMISCERE SE REI AD SE 
 non pertinentl. It is a fault to meddle with 
 what does not belong to or does not concern 
 you. Dig. 50. 17. 36; Coke, 2d Inst. 208. 
 
 CULPA LATA DOLO AEQUIPARATUR. 
 Gross neglect is equivalent to fraud. Dig. 
 11. 6. 1. 
 
 CULPA TENET SUOS AUCTORES. A 
 
 fault binds its own authors. Ersk. Inst. bk. 
 4, tit. 1, § 14; 6 Bell, App. Cas. 539. 
 
 CULPABILIS (Lat.) Guilty. 
 
 CULPAE POENA PAR ESTO. Let the 
 punishment be proportioned to the crime. 
 Branch, Princ. 
 
 CULPRIT. A person who is guilty, or sup- 
 posed to be guilty, of a crime. 
 
 When a prisoner is arraigned, and he 
 pleads not guilty, in English practice, the 
 clerk, who arraigns him on behalf of the 
 crown, replies that the prisoner is guilty, 
 and that he is ready to prove the accusation. 
 This is done by writing two monosyllabic 
 abbreviations, — eul. prit. 4 Bl. Comm. 339; 
 
 1 Chit. Crim. Law, 416. See Christian's note 
 to Bl. Comm. cited. The technical meaning 
 has disappeared, and the compound is used 
 in the popular sense as above given. 
 
 CULRACH. In old" Scotch law. A species 
 of pledge or cautioner (Scottice, back 
 borgh), used in cases of the replevin of 
 persons from one man's court to another's. 
 Skene de Verb. Sign. 
 
 CULTURA, A parcel of arable land. 
 Blount. Called a "wrong." 
 
 CULVERTAGE. A base kind of slavery; 
 the confiscation or forfeiture, which takes 
 place when a lord seizes his tenant's estate. 
 Blount; Du Cange. 
 
 CUM ACTIO FUERIT MERE CRIMINAL- 
 !s, institui poterit ab initio crimlnallter vel 
 civlliter. When an action is merely crim- 
 inal, it can be instituted from the beginning, 
 either criminally or civilly. Bracton, 102. 
 
 CUM ADSUNT TESTIMONIA RERUM, 
 quid opus est verbis? When the proofs of 
 facts are present, what need is there of 
 words? 2 Bulst. 53. 
 
 CUM ALIQUIS RENUNCIAVERIT SOCI- 
 etatl, solvltur societas. When any partner 
 renounces the partnership, the partnership 
 is dissolved. Tray, Lat. Max. 118. 
 
 CUM CONFITENTE SPONTE MITIUS 
 est agendum. One making a voluntary con- 
 fession is to be dealt with more mercifully. 
 Coke, 4th Inst. 66; Branch, Princ. 
 
 CUM DE LUCRO DUORUM QUAERI- 
 tur mellior est causa possidentis. When the 
 question of gain lies between two, the cause 
 of the possessor is the better. Dig. 50. 17. 
 126. 
 
 CUM DUO INTER SE PUGNANTIA RE- 
 periuntur in testamento, ultlmum ratum est. 
 When two things repugnant to each other 
 are found in a will, the last is to be con- 
 firmed. Co. Litt. 112; Shep. Touch. 451; 
 Broom, Leg. Max. (3d London Ed.) 518; 1 
 Jarm. Wills (2d Ed.) 394; 16 Johns. (N. Y.) 
 146; 1 Phil. 536. 
 
 CUM DUO JURA CONCURRUNT IN 
 una persona aequum est ac si essent in duo- 
 bus. When two rights meet in one person, 
 it is the same as if they were in two per- 
 sons. 
 
 CUM IN CORPORE DISSENTITUR, AP- 
 paret nullam esse acceptionem. When there 
 is a disagreement in the substance, it ap- 
 pears that there is -no acceptance. 12 Allen 
 (Mass.) 44. 
 
 CUM IN TESTAMENTO AMBIGUE AUT 
 etiam perperum scriptum, est benlgne Inter- 
 pretari, et secundum Id quod crediblle est 
 cogitatum credendum est. When an ambig- 
 uous or even an erroneous expression occurs 
 in a will, it should be construed liberally, 
 and in accordance with the testator's prob- 
 
CUM LEGITIMAE NUPTIAE 
 
 262 
 
 CURATUS NON HABET 
 
 able meaning. Dig. 34. 5. 24; Broom, Leg. 
 Max. (8d London Ed.) 506; 3 Poth. ad 
 Pand. (Ed. 1819) 46. 
 
 CUM, LEGITIMAE NUPTIAE FACTAE 
 sunt, patrem liberl sequuntur. Children 
 born under a legitimate marriage follow the 
 condition of the father. 
 
 CUM ONERE (Lat.) With the burden; 
 subject to the incumbrance; subject to the 
 charge. A purchaser with knowledge of an 
 incumbrance takes the property cum onere. 
 Co. Litt. 231a; 7 East, 164; Paley, Ag. 175. 
 
 CUM PAR DELICTUM EST DUORUM, 
 semper oneratur petltor, et melior habetur 
 possessoris causa. Where two parties are 
 equally in fault, the claimant always is at 
 a disadvantage, and the party in possession 
 has the better cause. Dig. 60. 17. 154; 
 Broom, Leg. Max. (3d London Ed.) 644. 
 
 CUM QUOD AGO NON VALET UT AGO, 
 valeat quantum valere potest. When that 
 which I do is of no effect as I do it, it shall 
 have as much effect as it can, i. e., in some 
 other way. 4 Kent, Comm. 493. 
 
 CUM TESTAMENTO ANNEXO (Law 
 Lat.) With the will annexed. A term ap- 
 plied to administration granted where a tes- 
 tator makes an incomplete will, without 
 naming any executors, or where he names 
 incapable persons, or where the executors 
 named refuse to act. 2 Bl. Comm. 503,. 504. 
 
 CUMULATIVE EVIDENCE. That which 
 goes to prove what has already been estab- 
 lished by other evidence. 
 
 CUMULATIVE LEGACY. See "Legacy." 
 
 CUMULATIVE REMEDY. A second or 
 additional mode of procedure in addition to 
 one already available, as opposed to alter- 
 native remedy. Wharton. 
 
 CUMULATIVE SENTENCES. Sentences 
 on a trial and conviction of several crimes, 
 each sentence being in addition to the oth- 
 ers, and not for the same fine or concurrent 
 terms of imprisonment. See "Concurrent 
 Sentences." 
 
 CUMULATIVE VOTING. That by which 
 the voter concentrates his ballots on one or 
 more candidates, instead of voting for the 
 full number to be elected. Thus, a stock- 
 holder holding fifty shares may, under such 
 a system, if five directors are to be chosen, 
 cast two hundred and fifty votes for one, or 
 one hundred and twenty-five for each of two, 
 instead of voting fifty votes for each of five. 
 
 CUNEATOR. A coiner. Du Cange. Cu 
 neare, to coin; cuneus, the die with which 
 to coin; cuneata, coined. Du Cange; Spel- 
 man. 
 
 CUR. A common abbreviation of curia. 
 1 Inst. Cler. 9. 
 
 CURA (Lat.) Care; charge; oversight; 
 guardianship. 
 
 In the Civil Law. A species of guard- 
 ianship which commenced at the age of pu- 
 berty, when the guardianship called "tutela" 
 expired, and continued to the completion of 
 the twenty-fifth year. Inst. 1. 23. pr.; Id. 
 1. 25. pr.; Halifax, Civ. Law, bk. 1, c. 9. 
 
 CURAGULOS. One who takes care of a 
 thing. 
 
 CURATE. One who represents the Incum- 
 bent of a church, parson, or vicar, and takes 
 care of the church, and performs divine 
 services in his stead. An officiating tem- 
 porary minister in the English church, who 
 represents the proper incumbent. Burn, 
 Ecc. Law; 1 Bl. Comm. 393. 
 
 CURATIO (Lat.) In civil law. The power 
 or duty of managing the property of him 
 who, either on account of infancy or some 
 defect of mind or body, cannot manage his 
 own affairs; the duty of a curator or guar- 
 dian. Calv. Lex. 
 
 CURATOR. One who has been legally ap- 
 pointed to take care of the interests of one 
 who, on account of his youth, or defect of 
 his understanding, or for some other cause, 
 is unable to attend to them himself; a 
 guardian. 
 
 There are curators ad bona (of property) , 
 who administer the estate of a minor, take 
 care of his person, and intervene in all his 
 contracts; curators ad litem (of suits), who 
 assist the minor in courts of justice, and 
 act as curators ad bona in cases where the 
 interests of the curator are opposed to the 
 interests of .the minor. Civ. Code La. arts. 
 357-366. There are also curators of insane 
 persons (Id. art. 31), and of vacant succes- 
 sions and absent heirs (Id. arts. 1105, 1125). 
 
 CURATOR AD HOC. A guardian for this 
 special purpose; as one appointed to repre- 
 sent an absentee. 
 
 CURATOR AD LITEM (Lat.) Guardian 
 for the suit. In English law, the corre- 
 sponding phrase is "guardian ad litem." 
 
 CURATOR BONIS (Lat.) 
 
 In Civil Law. A guardian to take care 
 
 of the property. Calv. Lex. 
 
 In Scotch Law. A guardian for mi- 
 nors, lunatics, etc. Halk. Tech. Terms; 
 Bell, Diet. 
 
 CURATORSHIP. The office of a curator. 
 
 Curatorship differs from tutorship (q. v.) 
 in this, that the latter is instituted for the 
 protection of property in the first place, 
 and, secondly, of the person; while the for- 
 mer is intended to protect, first, the person, 
 and, secondly, the property. 1 Lee. Elm. 241. 
 
 CURATRiX. A woman who has been ap- 
 pointed to the office of curator. 
 
 CURATUS NON HABET TITULUM. A 
 
 curate has no title (to tithes). 3 Bulst. 
 310. 
 
CURE OP SOULS 
 
 263 
 
 CURIA DOMINI 
 
 CURE OF SOULS. The ordinary duties 
 of an officiating clergyman. 
 
 "Curate" more properly denotes the in- 
 cumbent in general who hath the cure of 
 ' souls, but more frequently it is understood 
 to signify a clerk not instituted to the cure 
 of souls, but exercising the spiritual office 
 in a parish under the rector or vicar. 2 
 Burn, Ecc. Law, 54; 1 H. Bl. 424. 
 
 CURED BY VERDICT. The expression 
 "cured by verdict" signifies that the court 
 will, after a verdict, presume or intend that 
 the particular thing which appears to be 
 defectively or imperfectly stated or omitted 
 in the pleadings, was duly proved at the 
 trial, the intendment arising not merely 
 from the verdict but from the united effect 
 of the verdict and the issue on which it 
 was given, but the particular thing pre- 
 sumed must always be such as may be im- 
 plied from the allegations by a fair and 
 reasonable intendment. 240 111. 265. 
 
 CURFEW (French, couvre, to cover, and 
 feu, fire). This is generally supposed to be 
 an institution of William the Conqueror, 
 who required, by ringing of the bell at 
 eight o'clock in the evening, that all lights 
 and fires in dwellings should then be extin- 
 guished. But the custom is evidently older 
 than the Norman; for we find an order of 
 King Alfred that the inhabitants of Oxford 
 should, at the ringing of that bell, cover up 
 their fires and go to bed. And there is evi- 
 dence that the same practice prevailed at 
 this period in France, Normandy, Spain, 
 and probably in most of the other countries 
 of Europe. Henry, Hist. Brit. vol. 3, 567. 
 It was doubtless intended, as a precaution 
 against fires, which were very frequent and 
 destructive when most houses were built of 
 wood. 
 
 That it was not intended as a badge of in- 
 famy is evident from the fact that the law 
 was of equal obligation upon the nobles of 
 the court and upon the native-born serfs. 
 And yet we find the name "curfew law" em- 
 ployed as a by-word denoting the most odi- 
 ous tyranny. 
 
 It appears to have met with" so much op- 
 position that in 1103 we find Henry I. re- 
 pealing the enactment of his father on the 
 subject; and Blackstone says that, though 
 it is mentioned a century afterwards, it is 
 rather spoken of as a time of night, than 
 as a still subsisting custom. Shakespeare 
 frecfuently refers to it in the same sense. 
 This practice is still pursued in many parts 
 of England and in this country, as a very 
 convenient mode of apprising people of the 
 time of night. 
 
 CURIA. 
 
 ■ In Roman Law. One of the divisions 
 
 of the Roman people. The Roman people 
 were divided by Romulus into three tribes 
 and thirty curiae. The members of each 
 curia were united by the tie of common re- 
 ligious rites, and also by certain common 
 political and civil powers. Dion. Hal. lib. 2, 
 
 p. 82; Liv. lib. 1, c. 13; Plut. in Romulo, 
 p. 30; Festus Brisson, in Verb. 
 
 In later times the word signified the sen- 
 ate or aristocratic body of the provincial 
 cities of the empire. Festus Brisson, in 
 Verb.; Ort. Histoire, No. 25, 408; Ort. Inst. 
 No. 125. 
 
 The senate house at Rome; the senate 
 house of a provincial city. Code, 10. 31. 2 
 Spelman. 
 
 In English Law. The king's court 
 
 the palace; the royal household. The res 
 idence of a noble; a manor or chief manse 
 the hall of a manor. Spelman. 
 
 A court of justice, whether of general or 
 special jurisdiction. Fleta, lib. 2, 1. 72, § 1; 
 Spelman; Cowell; 3 Bl. Comm. c. iv. See 
 "Court." 
 
 A courtyard or inclosed piece of ground ; 
 a close. St. Edw. Conf. 1, 6; Brae. 76, 
 222b, 335b, 356b, 358; Spelman. See "Curia 
 Claudenda." 
 
 The civil or secular power, as distin- 
 guished from the church. Spelman. 
 
 CURIA ADViSARE VULT (Lat.) The 
 court wishes to consider the matter. 
 
 In Practice. The entry formerly made 
 
 upon the record to vindicate the continuance 
 of a cause until a final judgment should be 
 rendered. 
 
 It is commonly abbreviated thus: Cur. 
 adv. vult. Thus, from amongst many ex- 
 amples, in 2 Barn. & C. 172, after the report 
 of the argument, we find "cur. adv. vult," 
 then, "on a subsequent day judgment was 
 delivered, etc." 
 
 CURIA BARONIS (or BARONUM). In 
 old English law. A court baron. Fleta, lib. 
 2, c. 53. 
 
 CURIA CANCELLARIAE OFFICINA JUS- 
 tltiae. The court of chancery is the work, 
 shop of justice. 2 Inst. 552. 
 
 CURIA CHRISTIANITATIS. A court 
 Christian. 
 
 CURIA CLAUDENDA (Lat.) In practice. 
 A writ which anciently lay to compel a 
 party to inclose his land. Fitzh. Nat. Brev. 
 297. 
 
 CURIA COMITATUS (Law Lat.) In old 
 English law. The court of the county; the 
 county court, or court of the shire (Saxon, 
 scyregemot) , in the Saxon times. See 
 "County Court." 
 
 CURIA CURSUS AQUAE. A court held 
 by the lord of the manor of Gravesend for 
 the better management of barges and boats 
 plying on the river Thames between Graves- 
 end and Windsor, and also at Gravesend 
 bridge, etc. 2 Geo. II. c. 26. 
 
 CURIA CVOMINI. In old English law. The 
 lord's court, house, or hall, where all the 
 tenants met at the time of keeping court. 
 Cowell. 
 
CURIA LEGITIME AFFIRMATA 
 
 264 
 
 CURTESY 
 
 CURIA LEGITIME AFFIRMATA (Law 
 Lat.) In old Scotch practice. Court law- 
 fully opened, or opened in due form. A 
 formal phrase used in the captions of rec- 
 ords. 3 How. St. Tr. 654; 1 Pitc. Crim. 
 Tr. pt. 1, p. 143. 
 
 CURIA MAGNA. In old English law. The 
 great court; one of the ancient names of 
 parliament. 1 Bl. Comm. 148. 
 
 The king's court, or aula regis. Crabb, 
 Hist. Eng. Law, 144. 
 
 CURIA MAJORIS. In old English law. 
 The mayor's court. Calth. 144. 
 
 CURIA MILITUM. A court so called, an- 
 ciently held at Carisbrook Castle, in the 
 Isle of Wight. Cowell. 
 
 CURIA PALATII. In English law. The 
 palace court. 
 
 CURIA PARLIAMENTI SUIS PROPRIIS 
 legibus subsistit. The court of parliament is 
 governed by its own peculiar laws. Coke, 
 4th Inst. 50; Broom, Leg. Max. (3d London 
 Ed.) 82; 12 C. B. 413, 414. 
 
 CURIA PEDIS PULVERIZATI. In old 
 
 English law. The court of piedpoudre or 
 piepoudres (g. v.) 3 Bl. Comm. 32. 
 
 CURIA PENTICIARUM. A court held by 
 the sheriff of Chester. In a place there 
 called the "Pendice." Cowell. 
 
 CURIA PERSONAE. In old records. A 
 parsonage house, or manse. Kennett, Par. 
 Ant. 205; Cowell. 
 
 CURIA REGIS (Lat. the king's court). A 
 term applied to the aula regis, the bancus 
 or communis bancus, and the iter or eyre, 
 as being courts of the king, but especially 
 to the aula regis (g. v.) 
 
 CURIAlTY. In Scotch law. Curtesy. 
 
 CURIOSA ET CAPTIOSA INTERPRETA- 
 
 tlo in lege reprobatur. A curious and cap- 
 tious interpretation in the law is to be re- 
 proved. 1 Bulst. 6. 
 
 CURNOCK. In old English law. A meas- 
 ure containing four bushels or half a quar- 
 ter of corn. Cowell; Blount. 
 
 CURRENCY. Coin, or such bank notes 
 as pass freely in commercial transactions 
 and regarded nearly equivalent to coin. 35 
 111. 163. "Ourrency," In its broad and com- 
 prehensive meaning, may be properly used 
 with reference to things of different values, 
 when applied to the medium of exchange of 
 property, but so used does not necessarily 
 mean cash, but is equally applicable to any- 
 thing which is used as a circulating medium, 
 and is generally accepted in trade as a rep- 
 resentative of values of property. 27 111. 
 506. Currency ia the value of cash, and 
 excludes the idea of depreciated paper 
 money. 30 111. 403. Current money (g. v.) 
 
 CURRENT. Present; now in progress or 
 transit. 
 
 CURRENT ACCOUNT. An account which 
 can be added to or drawn upon at any time 
 without notice to the banker. 81 111. Add. 
 218. 
 
 CURRENT MONEY. Lawful money; 
 whatever passes current for money, whether 
 coin or paper money. 27 111. 501 ; 9 Mo. 701 ; 
 8 Minn. 329. 
 
 In commercial use, "currency" is confined 
 to paper money, as distinguished from "spe- 
 cie" or coin money. 14 Mich. 379; 12 Wall. 
 (U. S.) 657. 
 
 CURRIT QUATUOR PEDIBUS (Law Lat. 
 it runs upon four feet; or, as sometimes 
 expressed, it runs upon all fours) . A phrase 
 used in arguments to signify the entire and 
 exact application of a case quoted. "It 
 does not follow that they run quatuor pedi- 
 bus." 1 W. Bl. 145. 
 
 CURRIT TEMPUS CONTRA DESIDES 
 et sui juris contemptores. Time runs against 
 the slothful and those who neglect their 
 rights. Bracton, fols. 100b, 101; Fleta, lib. 
 4, c. 5, § 12. 
 
 CURSITOR. A junior clerk in the court 
 of chancery, whose business it formerly was 
 to write out from the register those forms 
 of writs which issued of course. Such 
 writs were called writs de cursu (of course) . 
 whence the name, which had been acquired 
 as early as the reign of Edward III. The 
 body of cursitors constituted a corporation, 
 each clerk having a certain number of coun- 
 ties assigned to him. Coke, 2d Inst. 670; 1 
 Spence, Eq. Jur. 238. 
 
 CURSITOR BARON. An officer of the 
 court of exchequer, who is appointed by 
 patent under the great seal to be one of the 
 barons of the exchequer. The office is abol- 
 ished by St. 19 & 20 Vict. c. 86. Wharton. 
 
 CURSOR. An inferior ofBxier of the papal 
 court. 
 
 CURSUS bURIAE EST LEX CURIAE. 
 The practice of the court is the law of the 
 court. 3 Burst. 53; Broom, Leg. Max. (3d 
 London Ed.) 126; 12 C. B. 414; 17 Q. B. 86; 
 8 Exch. 199; 2 Maule & S. 25; 15 East, 226; 
 12 Mees. & W. 7; 4 Mylne & C. 635; 3 Scott, 
 N. R. 599. 
 
 CURTESY. The estate to which, by com- 
 mon law, a man is entitled, on the death of 
 his wife, in the lands or tMiements of which 
 she was seised in possession in fee simple 
 or in tail during her coverture, provided 
 they have had lawful issue born alive which 
 might have been capable of inheriting the 
 estate. 
 
 It is a freehold estate for the term of his 
 natural life. 1 Washb. Real Prop. 127. In 
 the common law, the word is used in the 
 phrases "tenant by curtesy," or "estate by 
 curtesy," but seldom alone; while in Scot- 
 
CURTILAGE 
 
 265 
 
 CUSTOMARY ESTATES 
 
 land of itself it denotes the estate. See 
 "Estates." 
 
 Some considerable question has been made 
 as to the derivation both of the custom and 
 its name. It seems pretty clear, however, 
 that the term is derived from curtis, a 
 court, and that the custom, in England at 
 least, is of English origin, though a similar 
 custom existed in Normandy, and still ex- 
 ists in Scotland. 1 Washb. Real Prop. 128, 
 note; Wright, Ten. 192; Co. Litt. 30a; 2 Bl. 
 Comm. 126; Ersk. Inst. 380; Grand Cout. 
 de Normandie, c. 119. 
 
 CURTILAGE. The inclosed space imme- 
 diately surrounding a dwelling house, con- 
 tained within the same inclosure. 
 
 It is defined by Blount as a yard, back- 
 side, or piece of ground near a dwelling 
 house, in which they sow beans, etc., yet 
 distinct from the garden. Blount; Spelman. 
 By others it is said to be a waste piece of 
 ground so situated. Cowell. 
 
 It has recently been defined as "a fence 
 or inclosure of a small piece of land around 
 a dwelling house, usually including the 
 buildings occupied in connection with the 
 dwelling house, the inclosure consisting 
 either of a separate fence, or partly of a 
 fence and partly of the exterior of build- 
 ings so within this inclosure." 10 Cush. 
 (Mass.) 480. 
 
 The term is used in determining whether 
 the offense of breaking into a barn or ware- 
 house is burglary. See 4 Bl. Comm. 224; 1 
 Hale, P. C. 558; 2 Russ. Crimes, 13; 1 
 Russ. Crimes, 790; Russ. & R. 289; 1 Car. 
 & K. 84; 10 Cush. (Mass.) 480. 
 
 In Michigan the meaning of curtilage has 
 been extended to include more than an in- 
 closure near the house. 2 Mich. 250. 
 
 CURTILES TERRAE. In old English law. 
 Court lands. Cowell. See "Court Lands." 
 
 CURTILLUM. The area or space within 
 the inclosure of a dwelling house. Spelman. 
 
 CURTIS. The area about a building; a 
 garden ; a hut or farmer's house ; a farmers 
 house with the land enrolled with it. 
 
 A village or a walled town containing a 
 small number of houses. 
 
 The residence of a nobleman; a hall or 
 palace. 
 
 A court; a tribunal of justice. 1 Washb. 
 Real Prop. 120; Spelman; 3 Bl. Comm. 320. 
 
 The similarity of the derivative meaning 
 
 of this word and of aula is quite noticeable, 
 
 both coming to denote the court itself, from 
 
 I I denoting the place where the court was held. 
 
 CUSTA, or CUSTANTIA. Costs. 
 
 CUSTODES. Keepers; guardians; con- 
 servators. 
 
 Custodes pacis, guardians of the peace. 1 
 Bl. Comm. 349. 
 
 Custodes libertatis Angliae auctoritate 
 parliamenti, guardians of the liberty of Eng- 
 land by authority of parliament. The style 
 in which writs and all judicial process ran 
 
 during the grand rebellion, from the death 
 of Charles I. till Cromwell was declared 
 protector. Jacob. 
 
 CUSTODIA LEG IS. In custody of the law. 
 
 CUSTODIAM LEASE. In JBInglish law. A 
 grant from the crown under the exchequer 
 seal, by which the custody of lands, etc., 
 seized in the king's hands, is demised or 
 committed to some person as custodee or 
 lessee thereof. Wharton. 
 
 CUSTODY. The detainer of a person by 
 virtue of a lawful authority. 3 Chit. Prac. 
 355. 
 
 The care and possession of a thing. 
 
 CUSTOM. Such a usage as by common 
 consent and uniform practice has become 
 the law of the place, or of the subject-mat- 
 ter, to which it relates. 
 
 It differs from prescription, which is per- 
 sonal, and is annexed to the person of the 
 owner of a particular estate; while the oth- 
 er is local, and relates to a particular dis- 
 trict. An instance of the latter occurs 
 where the question is upon the manner of 
 conducting a particular branch of trade at a 
 certain place; of the former, where a cer- 
 tain person and his ancestors, or those 
 whose estates he has, have been entitled to 
 a certain advantage or privilege, as to have 
 common pf pasture in a certain close, or 
 the like. 2 Bl. Comm. 263. 
 
 General customs are such as constitute a 
 part of the common law, and extend to the 
 whole country. Particular customs are 
 those which are confined to a particular dis- 
 trict. 
 
 CUSTOM HOUSE. A place appointed by 
 law, in ports of entry, where importers of 
 goods, wares, and merchandise are bound 
 to enter the same, in order to pay or secure 
 the duties or customs due to the government. 
 
 CUSTOM OF MERCHANTS. A system of 
 customs acknowledged and taken notice of 
 by all nations, and which are therefore a 
 part of the general law of the land. See 
 "Law Merchant"; 1 Chit. Bl. Comm. 76, 
 note 9. 
 
 CUSTOMARY COURT BARON. A court 
 baron, at which copyholders might transfer 
 their estates, and where other matters re- 
 lating to their tenures were transacted. 3 
 Bl. Comm. 33. 
 
 This court was held on the manor, the 
 lord or his steward sitting as judge. 1 
 Crabb, Real Prop. § 633. It might be held 
 anywhere in the manor, at the pleasure of 
 the judge, unless there was a custom to the 
 contrary. It might exist at the same time 
 with a court baron proper, or even where 
 there were no freeholders in the manor. 
 
 CUSTOMARY ESTATES. Estates which 
 owe their origin and existence to the cus- 
 tom of the manor in which they are held. 2 
 Bl. Comm. 149. 
 
CUSTOMARY FREEHOLD 
 
 266 
 
 CUSTUMA ANTIQUA SIVE 
 
 CUSTOMARY FREEHOLD. A class of 
 freeholds held according to the custom of 
 the manor, derived from the ancient tenure 
 in villein socage. Holders of such an estate 
 have a freehold interest, though it is not 
 held by a freehold tenure. 2 Bl. Comm. 149. 
 
 CUSTOMARY SERVICE. A service due 
 by ancient custom or prescription only. Such 
 is, for example, the service of doing suit 
 at another's mill, where the persons resi- 
 dent in a particular place, by usage, time 
 out of mind have been accustomed to grind 
 corn at a particular mill. 3 Bl. Comm. 234. 
 
 CUSTOMARY TENANTS (Law Lat. cus- 
 tumarii tenentes). In English law. Such 
 tenants as hold by the custom of the manor, 
 as their special evidence. Termes de la 
 Ley. Copyholders belong to this class. 2 
 Bl. Comm. 147, 148. See "Copyholder." 
 
 CUSTOMARY USE. The use of any- 
 thing for the purpose and in the manner 
 such thing is usually and ordinarily used. 
 256 111. 487. 
 
 CUSTOME SERRA PRISE STRICTE. 
 
 Custom must be taken strictly. Jenk. Cent. 
 Cas. 83. 
 
 CUSTOMERS. Persons who have deal- 
 ings with one who is engaged in an occupa- 
 tion or employment. 178 111. App. 176. 
 
 CUSTOMS. This term is usually applied 
 to those taxes which are payable upon goods 
 and merchandise imported or exported. 
 Story, Const. § 949; Bac. Abr. "Smuggling." 
 
 The duties, toll, tribute, or tariff payable 
 upon merchandise exported or imported. 
 These are called customs from having been 
 paid from time immemorial. Expressed in 
 law Latin by custuma, as distinguished from 
 consuetudines, which are usages merely. 1 
 Sharswood, Bl. Comm. 314. 
 
 CUSTOMS AND SERVICES (Law Lat. 
 consuetudines et servitia). In old English 
 law. Services which the tenants of lands, 
 under the feudal law, owed to their lords, 
 and which, if withheld, the lord might re- 
 sort to the writ of customs and services 
 (breve de eonsuetudinibus et. servitiis) to 
 compel. Tomlin. See "De Consuetudini- 
 bus et Servitiis." 
 
 CUSTOMS CONSOLIDATION ACT. St. 
 16 & 17 Vict. c. 107, which has been fre- 
 quently amended. See 2 Steph. Comm. 563. 
 
 CUSTOMS OF LONDON. Particular reg- 
 ulations in force within the city of London, 
 in regard to trade, apprentices, widows and 
 orphans, etc., which are recognized as form- 
 ing part of the English common law. 1 Bl. 
 Comm. 75. 
 
 CUSTOS. A custodian, guard, keeper, or 
 warden; a magistrate. 
 
 CUSTOS BREVIUM (Lat.) Keeper of 
 writs. An officer of the court of common 
 
 pleas, whose duty it is to receive and keep 
 all the writs returnable to that court, and 
 put them upon file, and also to receive of the 
 prothonotaries all records of nisi prius, 
 called posteas. Blount. An officer in the 
 king's bench, having similar duties. Cow- 
 ell; Termes de la Ley. The office is now 
 abolished. 
 
 CUSTOS FERARUM. A gamekeeper. 
 Towns. PI. 265. 
 
 CUSTOS HORREI REGII. Protector of 
 the royal granary. 2 Bl. Comm. 394. 
 
 CUSTOS MARIS (Lat.) Warden or 
 guardian of the seas. Among the Saxons, 
 an admiral. Spelman, "Admiralius." 
 
 CUSTOS MORUM. The guardian of mor- 
 als. The court of queen's bench has been 
 so styled. 4 Steph. Comm. 377. 
 
 CUSTOS PLACITORUM CORONAE 
 
 (Lat.) Keeper of the pleas of the crown 
 (the criminal records). Said by Blount and 
 Cowell to be the same as the custos rotulo- 
 rum. 
 
 CUSTOS ROTULORUM (Lat.) Keeper 
 of the rolls. The principal justice of the 
 peace of a county, who is the keeper of the 
 records of the county. 1 Bl. Comm. 349. 
 He is always a justice of the peace and 
 quorum, is the chief civil officer of the king 
 in the county, and is nominated under the 
 king's sign manual. He is rather to be 
 considered a minister or officer than a judge. 
 Blount; Cowell; Lambard, Eiren. lib. 4, c. 3, 
 p. 373; 4 Bl. Comm. 272; 3 Steph. Comm. 
 37. 
 
 CUSTOS SPIRITUALIUM. In English 
 ecclesiastical law. Keeper of the spirit- 
 ualities; he who exercises the spiritual jur- 
 isdiction of a diocese during the vacancy of 
 the see. Cowell. 
 
 CUSTOS STATUM HAEREDIS IN CUS- 
 todla existentis meiiorem non deteriorem, 
 face re 'potest. A guardian can make the 
 estate of an heir living under his guardian- 
 ship better, not worse. 7 Coke, 7. 
 
 CUSTOS TEMPORALIUM (Law Lat.) In 
 English ecqlesiastical law. Keeper of the 
 temporalities. He to whose custody a va- 
 cant see or abbey was committed by the 
 king, as supreme lord; who, as a steward 
 of the goods and profits, was to give ac- 
 count to the escheator, and he into the ex- 
 chequer. Cowell. 
 
 CUSTOS TERRAE. In old English law. 
 Guardian, warden, or keeper of the land. 
 Mag. Chart, c. 4. 
 
 CUSTUMA ANTIQUA SIVE MAGNA 
 
 (Lat. ancient or great duties). The duties 
 on wool, sheepskin, or wool pelts and leather 
 exported were so called, and were payable 
 by every merchant stranger as well as na- 
 tive, with the exception that merchant 
 
CUSTUMA PARVA ET NOVA 
 
 267 
 
 CYROGRAPHUM 
 
 strangers paid one-half as much again as 
 natives. 1 Sharswood, Bl. Comm. 314. 
 
 CUSTUMA PARVA ET NOVA (Lat) An 
 impost of three pence in the pound sterling 
 on all commodities exported or imported by 
 merchant strangers. Called at first the "Al- 
 ien's duty," and first granted by St. 31 
 Edw. I. Maddox, Hist. Exch. 526, 532; 1 
 Sharswood, Bl. Comm. 314. 
 
 CUTH, or COUTH (Saxon). Known; 
 knowing. Uncuth, unknown. See "Cout- 
 hutlaugh"; "Uncuth." 
 
 CUTHRED. A knowing or skillful coun- 
 sellor. 
 
 CUTPURSE (Law Lat. bursarum scissor; 
 Law Pr. cynsour de burse). In old criminal 
 law. An oflFender answering to the modern 
 pickpocket. Pleta, lib. 1, c. 36, § 11. 
 
 CUTTER OF THE TALLIES. In old 
 
 English law. An officer in the exchequer, 
 to whom it belonged to provide wood for 
 the tallies, and to cut the sum paid upon 
 them, etc. 
 
 CY PRES (Law Fr. as near as). The rule 
 of construction applied to a will, but not to 
 a deed, by which, where the testator evinces 
 a particular and a general intention, and 
 the particular intention cannot take effect, 
 the words shall be so construed as to give 
 effect to the general intention. 3 Hare, 12 ; 
 2 Term R. 254; 2 Bligh, 49; Sugd. Powers, 
 60; 1 Spence, Eq. Jur. 532. 
 
 The principle is applied to sustain wills 
 in which perpetuities are attempted to be 
 created, so that, if it can possible be done, 
 the devise is not regarded as utterly void, 
 but is expounded in such a manner as to 
 carry the testator's intention into effect as 
 far as the law respecting perpetuities will 
 allow. This is called a construction cy pres. 
 Its rules are vague, and depend chiefly upon 
 judicial discretion applied to the particular 
 case. Sedgw. Const. Law, 265; Story, Eq. 
 Jur. § 1169 et seq. 
 
 It is also applied to sustain devises and 
 bequests for charity. Where there is a defi- 
 
 nite charitable purpose which cannot take 
 place, the courts will not substitute another, 
 as they once did; but if charity be the gen- 
 eral substantial intention, though the mode 
 provided for its execution fails, the Eng- 
 lish chancery will find some means of et- 
 fectuating it, even by applying the fund to 
 a different purpose from that contemplated 
 by the testator, provided only it be charit- 
 able. Boyle, Char. 147, 155; Shelf. Mortm. 
 601; 3 Brown, Ch. 379; 4 Ves. 14; 7 Ves. 
 69, 82. 
 
 The doctrine is denied in Alabama (19 
 Ala. 814), Connecticut (22 Conn. 31), Dela- 
 ware (2 Har. 18), Indiana (35 Ind. 198), 
 Iowa (2 Iowa, 315), Maryland (5 Har. & J. 
 392), New York (23 N. Y. 298), North Car- 
 olina (37 N. C. 255), and Wisconsin (40 
 Wis. 276, 75 Wis. 431) ; but is in force in 
 California (58 CaL 457), Illinois (16 111. 
 225), Massachusetts (96 Mass. 539), Mis- 
 souri (94 Mo. 459), Pennsylvania (51 Pa. 
 St. 196), and Rhode Island (14 R. I. 412). 
 
 CVNEBOTE (Saxon, from cyn, kin, or re- 
 lationship, and hot, a satisfaction) . In Sax- 
 on law. A pecuniary composition for kill- 
 ing a relative; the same with cenegild (q. 
 V.) Spelman, voc. "Cenegild." 
 
 CVPHONISM. A punishment used by the 
 ancients, which some suppose to have been 
 the smearing of the body with honey, and 
 exposing the person to flies, wasps, etc. 
 But the author of the notes on Hesychius 
 says it is derived from the Greek, to bend 
 or stoop, and signifies that kind of punish- 
 ment still used by the Chinese, called by 
 Sir George Staunton, "the wooden collar," 
 by which the neck of the malefactor is bent 
 or weighed down. Enc. Lond.; Wharton. 
 
 CYRCE (Saxon). A church. 
 
 CYRICBRYCE. In Saxon law. A break- 
 ing into a church. Blount. 
 
 CYROGRAPHARIUS. In old English law. 
 A cyrographer; an officer of the common 
 pleas court. 
 
 CYROGRAPHUM. A cirograph. 
 
D. B; E. 
 
 268 
 
 DAMAIOUSE 
 
 D 
 
 0. B. E, Be bene esse {q. v.). 
 
 D. B. N. De bonis non, a species of ad- 
 ministration. 
 
 D. E. R. I. C. De ea re ita consuere, con- 
 cerning this matter have decreed. A phrase 
 used in the record of decrees of the Roman 
 senate. 
 
 D. S. B. Debitum sans (or sine) breve. 
 
 DA TUA DUM TUA SUNT, POST MOR- 
 tem tunc tua non sunt. Give the things 
 which are yours whilst they are yours ; after 
 death then they are not yours. 3 Bulst. 18. 
 
 DABIS7 DABO (Lat. will you give? I will 
 give) . In the Roman law. One of the forms 
 of making a verbal stipulation. Inst. 3. 15. 
 1; Bracton, fol. 15b. 
 
 DACION. In Spanish law. The real and 
 effective delivery of an object in the execu- 
 tion of a contract. 
 
 DAILY. Every day. A newspaper pub- 
 lished six days in each week, whether Sun- 
 day or Monday be the day omitted, is held 
 to be a "daily newspaper." 45 Minn. 27. 
 
 DAKER, or DIKER. Ten hides. Blount. 
 
 DALE and SALE. Fictitious names of 
 places, used in the English books as exam- 
 ples. Perk. c. 2, § 152. "The manor of 
 Dale and the manor of Sale, lying both in 
 Vale." Bac. Abr. "Case of Revocation of 
 Uses"; Perk. c. 3, § 230. 
 
 DALUS, DAILUS, or DAILIA. A certain 
 measure of land; such narrow slips of pas- 
 ture as are left between the plowed furrows 
 in arable land. Cowell. 
 
 DAM. A construction of wood, stone, or 
 other materials, made across a stream of 
 water for the purpose of confining it; a 
 mole. 
 
 DAMAGE. The loss caused by one per- 
 son to another, or to his property, either 
 with the design of injuring him, or with 
 negligence and carelessness, or by inevit- 
 able accident. See "Damages." 
 
 DAMAGE CLEER. The tenth part in the 
 common pleas, and the twentieth part in the 
 king's bench and exchequer courts, of all 
 damages beyond a certain sum, which was 
 to be paid the prothonotary or chief officer 
 of the court in which they were recovered 
 before execution could be taken out. At 
 first it was a gratuity, and of uncertain 
 proportions. Abolished by St. 17 Car. II. c. 
 6. Cowell; Termes de la Ley. 
 
 DAMAGE FEASANT (Fr. faisant dom- 
 mage, doing damage). A term usually ap- 
 plied to the injury which animals belong- 
 
 ing to one person do upon the land of an- 
 other by feeding there, and treading down 
 his grass, corn, or other production of the 
 earth. 3 Bl. Comm. 6; Co. Litt. 142, 161. 
 
 DAMAGED GOODS. In maritime law. 
 Goods, subject to duties, which have re- 
 ceived some injury either in the voyage 
 home, or while bonded in warehouse. 
 
 DAMAGES. The indemnity recoverable 
 by a person who has sustained an injury, 
 either in his person, property, or relative 
 rights, through the act or default of an- 
 other. 
 
 The sum claimed as such indemnity by a 
 plaintiff in his declaration. 
 
 The injury or loss for which compensation 
 is sought. 
 
 The sums allowed by law for tortious in- 
 jury or losses from breach of contract. 1 
 Suth. Dam. 3. 
 
 In Modern Law. The term Is not 
 
 used in a legal sense to include the costs 
 of suit, though it was formerly so used. Co. 
 Litt. 267a; Doug. 751. 
 
 Damages are either direct or consequen- 
 tial. 
 
 (1) Direct are those which result imme- 
 diately from the act complained of. 
 
 (2) Consequential are more remote con- 
 sequences of such act. See "Consequential 
 Damages." 
 
 Compensatory or exemplary; the latter 
 being also called "punitive" or "vindictive." 
 
 (3) Compensatory damages are those al- 
 lowed as recompense for the injury suf- 
 fered. 
 
 (4) Exemplary damages are those al- 
 lowed as a punishment for torts committed 
 with fraud or actual malice. See "Ex- 
 emplary Damages." 
 
 General or special. 
 
 (5) General damages are those neces- 
 sarily and by implication of law resulting 
 from the act or default complained of. 
 
 (6) Special damages are those arising di- 
 rectly, but not necessarily or by implication 
 of law. 
 
 Liquidated or unliquidated. 
 
 (7) Liquidated damages are those whose 
 amount has been determined by_ anticipa- 
 tory agreement between the parties. 
 
 (8) Unliquidated damages are those not 
 so fixed, but determined after they have 
 resulted. 
 
 Substantial or nominal. 
 
 (9) Substantial damages are those al- 
 lowed as actual compensation. 
 
 (10) Nominal damages are a trifling sum 
 allowed where an infraction of a right is 
 shown, but no resultant damage is proved. 
 See "Nominal Damages." 
 
 DAMAIOUSE. In old English law. Caus- 
 ing damage or loss, as distinguished from 
 torcenouse, wrongful. Britt. c. 61. 
 
DAMNA 
 
 269 
 
 DARREIN SEISIN 
 
 DAMNA (Lat. damnum). Damages, both 
 inclusive and exclusive of costs. 
 
 DAMNI INJURIAE ACTIO (Lat.) In civil 
 law. An action for the damage done by 
 one who intentionally injured the beast of 
 another. Calv. Lex. 
 
 DAMNOSA HAEREDITAS. A name given 
 by Lord Kenyon to that species of property 
 of a bankrupt which, so far from being 
 valuable, would be a charge to the creditors ; 
 for example, a term of years, where the rent 
 would exceed the revenue. 
 
 The assignees are not bound to take such 
 property; but they must make their elec- 
 tion, and, having once entered into posses- 
 sion, they cannot afterwards abandon the 
 property. 7 East, 342; 3 Campb. 340. 
 
 DAMNUM ABSQUE INJURIA (Lat. in- 
 jury without wrong). A wrong done to a 
 man for which the law provides no remedy. 
 Broom, Leg. Max. 1. 
 
 Damage sustained without the infraction 
 of a legal right. 25 Conn. 265; 103 Ind. 
 314. 
 
 Injuria is here to be taken in the sense of 
 "legal injury"; and, where no malice ex- 
 ists, there are many cases of wrong or suf- 
 fering inflicted upon a man for which the 
 law gives no remedy. 2 Ld. Raym. 595 ; 11 
 Mees. & W. 755; 11 Pick. (Mass.) 527; 10 
 Mete. (Mass.) 371. Thus, if the owner of 
 property, in the prudent exercise of his own 
 right of dominion, does acts which cause 
 loss to another, it is dam.num absque injuria. 
 2 Barb. (N. Y.) 168; 5 Barb. (N. Y.) 79; 
 10 Mete. (Mass.) 371; 10 Mees. & W. 109. 
 See "Nominal Damages." 
 
 DAMNUM FATAL E. In civil law. Dam- 
 ages caused by a fortuitous event, or in- 
 evitable accident; damages arising from the 
 act of God. Among these were included 
 losses by shipwreck, lightning, or other cas- 
 ualty; also losses by pirates, or by vis ma- 
 jor, by fire, robbery, and burglary; but theft 
 was not numbered among these casualties. 
 In general, bailees are not liable for such 
 damages. Story, Bailm. 471. 
 
 DAMNUM INFECTUM. In Roman law. 
 Damage not yet committed, but threatened 
 or impending. A preventive interdict might 
 be obtained to prevent such damage from 
 happening; and it was treated as a quasi- 
 delict, because of the imminence of the dan- 
 ger. 
 
 DAMNUM REI AMISSAE. A loss arising 
 from a payment made by a party in conse- 
 quence of an error of law. 
 
 DAMNUM SINE INJURIA ESSE POTEST. 
 There may be damage or injury inflicted 
 without any act of injustice. Loflft, 112. 
 
 DAN. Anciently the better sort of men in 
 England had this title; so the Spanish Don. 
 The old term of honor for men, as we now 
 say Master or Mister. Wharton. 
 
 DANEGELT. A tax or tribute imposed 
 upon the English when the Danes got a foot- 
 ing in their island. 
 
 DANELAGE. The laws of the Danes 
 which obtained in the eastern counties and 
 part of the midland counties of England in 
 the eleventh century. 1 Bl. Comm. 65. 
 
 DANGER I A. A money payment made by 
 forest tenants, that they might have liberty 
 to plow and sow in time of pannage, or 
 mast feeding. Mann. 
 
 DANGEROUS WEAPON. A weapon cal- 
 culated to cause death or great bodily harm. 
 Guns, swords, knives, and the like, are dan- 
 gerous weapons, as a matter of law. 110 N. 
 C. 497; 1 Baldw. (U. S.) 78. Others are 
 dangerous or not, according to their capa- 
 bility of causing great bodily harm in the 
 manner in which they are used. Thus, a 
 champagne bottle (33 Ga. 207), a chair (3 
 Tex. App. 13), a club (104 N. C. 786), a 
 stone (10 Minn. 407) or a shovel (17 S. C. 
 55) may be a dangerous weapon. 
 
 DANGERS OF THE SEA. See "Perils of 
 the Sea." 
 
 DANISM. The act of lending money on 
 usury. 
 
 DANO. In Spanish law. Damage; the de- 
 terioration, injury, or destruction which a 
 man suffers with respect to his person or his 
 property by the fault (culpa) of another. 
 White, New Recop. bk. 2, tit. 19, c. 3, § 1; 
 Id. bk. 2, tit. 10, c. 12. 
 
 DANS ET RETINENS, NIHIL DAT. One 
 
 who gives and yet retains does not give 
 effectually. Tray. Lat. Max. 129. Or, one 
 who gives yet retains [possession] grfves 
 nothing. 
 
 DAPIFER. A steward either of a king or 
 lord. Spelman. 
 
 DARE. In the civil law. To transfer 
 property. When this transfer is made in 
 order to discharge a debt, it is datio solvendi 
 animo; when in order to receive an equiva- 
 lent, to create an obligation, it is datio con- 
 trahendi animo; lastly, when made donandi 
 animo, from mere liberality, it is a gift, 
 dono datio. 
 
 DARE AD REMANENTIAM. To give 
 away in fee, or forever. 
 
 DARRAIGN, To clear a legal account; to 
 answer an accusation; to settle a contro- 
 versy. 
 
 DARREIN (Fr. dernier). Last. Darrein 
 continuance, last continuance. 
 
 DARREIN PRESENTMENT (Law Pr.) In 
 old English law. The last presentment. See 
 "Assize of Darrein Presentment." 
 
 DARREIN SEISIN (Law Fr. last seisin). 
 A plea which lay in some cases for the ten- 
 
DATA 
 
 270 
 
 DAY 
 
 ant in a writ of right. 3 Mete. (Mass.) 
 184; Jackson, Real Actions, 285. See 1 Ros- 
 coe, Real Actions, 206; 2 Prest. Abstr. 345. 
 
 DATA (from Lat. dare, to give). In old 
 practice and conveyancing. The date of a 
 deed; the time when it was given; that is, 
 executed. Bl. Comm. Append. 1. 
 
 The date of a writ; the time when it was 
 issued. Bracton, fol. 176. 
 
 DATE. The designation or indication in 
 an instrument of writing of the time and 
 place when and where it was made. 
 
 When the place is mentioned in the date 
 of a deed, the law intends, unless the con- 
 trary appears, that it was executed at the 
 place of the date. Plowd. 7b. The word is 
 derived from the Latin datum, given; be- 
 cause, when instruments were in Latin, the 
 
 form ran datum, etc., given the day 
 
 of, etc. 
 
 The date of an instrument is that stated 
 therein as that of its execution, rather than 
 the actual time of execution. 32 N. J. Law, 
 515. 
 
 DATE CERTAINE. In French law. A 
 fixed date; one made certain by the regis- 
 tration of the instrument, 
 
 DATIO. In civil law. A giving, or act of 
 giving. Datio in solutum, a giving in pay- 
 ment; a species of accord and satisfaction. 
 Called, in modern law, "dation." 
 
 _ Appointment or assignment. Datto judi- 
 cis, the appointment of a judge to hear and 
 determine a cause. 
 
 DATION. In civil law. The act of giving 
 something. It differs from donation, which 
 is a gift; dation, on the contrary, is giving 
 something without any liberality; as, the 
 giving of an office. 
 
 DATION EN PAIEMENT. In civil law. A 
 giving by the debtor and receipt by the 
 creditor of something in payment of a debt 
 instead of a sum of money. 
 
 It is somewhat like the accord and satis- 
 faction of the copimon law. 16 TouUier, Dr. 
 Civ. note 45 ; Poth. Vente, note 601. Dation 
 en paiement resembles in some respects the 
 contract of sale; dare in solutum est quasi 
 vendere. There is, however, a very marked 
 difference between a sale and a dation en 
 paiement. First, the contract of sale is com- 
 plete by the mere_ agreement of the parties ; 
 the dation en paiement requires a delivery 
 of the thing given. Second, when the debtor 
 pays a certain sum which he supposed he 
 was owing, and he discovers he did not owe 
 so much, he may recover back the excess; 
 not so when property other than money has 
 been given in payment. Third, he who has 
 in good faith sold a thing of which he be- 
 lieved himself to be the owner is not pre- 
 cisely required to transfer the property of 
 it to the buyer; and, while he is not troubled 
 in the possession of the thing, he cannot 
 pretend that the seller has not fulfilled his 
 obligations. On the contrary, the dation en 
 
 paiement is good only when the debtor trans- 
 fers to the creditor the property in the thing 
 which he has agreed to take in payment; 
 and if the thing thus delivered be the prop- 
 erty of another, it will not operate as a 
 payment. Poth. Vente, notes 602-604. See 
 1 Low. (U. S.) 53. 
 
 DATIVE. 
 
 In Old English Law. In one's gift; 
 
 that may be given and disposed of at will 
 and pleasure. Applied to an officer in the 
 sense of "removable," as distinguished from 
 "perpetual." St. 9 Rich. II. c. 4; St. 45 
 Edw. III. cc. 9, 10; Cowell. 
 
 In Civil Law. That which Is given by 
 
 the magistrate, as distinguished from that 
 which is cast upon a party by the law or by 
 a testator. Bouvier. A dative executor an- 
 swers to the administrator of the common 
 law. Code Louis, arts. 1671, 1672. 
 
 DATUM. A thing given. 
 
 DATUR DIGNiORI. It is given to tbe 
 more worthy. 2 Vent. 268. 
 
 DAUGHTER. An immediate female de- 
 scendant. See "Sons." 
 
 DAY. The space of time which elapses 
 while the earth makes a complete revolution 
 on its axis. 
 
 A portion of such space of time which, by 
 usage or law, has come to be considered as 
 the whole for some particular purpose. 
 
 The space of time which elapses between 
 two successive midnights. 2 Bl. Comm. 141. 
 
 That portion of such space of time during 
 which the sun is shining. 
 
 Generally, in legal signification, the term 
 includes the time elapsing from one mid- 
 night to the succeeding one (2 Bl. Comm. 
 141), but it is also used to denote those 
 hours during which business is ordinarily 
 transacted, frequently called a "business" 
 day (5 Hill [N. Y.] 437), as well as that 
 portion of time during which the sun is 
 above the horizon, called, sometimes, a "so- 
 lar" day, and, in additJion, that part of the 
 morning or evening during which sufficient 
 of his light is above for the features of a 
 man to be reasonably discerned. Coke, 3d 
 Inst. 63. 
 
 By custom, the word "day" may be un- 
 derstood to include working days only (3 
 Esp. 121), and, in a similar manner only, a 
 certain number of hours less than the num- 
 ber during which the work actually contin- 
 ued each day (5 Hill fN. Y.] 437). 
 
 A day is generally, but not always, re- 
 garded in law as a point of time, and frac- 
 tions will not be recognized. 15 Ves. 257; 2 
 Barn. & Aid. 586. And see 9 East, 154; 4 
 Campb. 397; 11 Conn. 17. 
 
 There is no indivisible unity about a day 
 which prevents considering its component 
 hours, in legal proceedings where it becomes 
 important to the ends of justice, the rule 
 that the law knows no divisions of a day 
 being purely one of convenience, which 
 
DAY BOOK 
 
 271 
 
 DE ANNO BISSEXTILI 
 
 must give way whenever the rights of par- 
 ties require it. 37 111. 241. 
 
 DAY BOOK. In mercantile law. An ac- 
 count book in which merchants and others 
 make entries of their daily transactions. 
 This is generally a book of original entries, 
 and, as such, may.be given in evidence to 
 prove the sale and delivery of merchandise, 
 or of work done. 
 
 DAY RULE, or DAY WRIT. A rule or or- 
 der of the court by which a prisoner on 
 civil process, and not committed, is enabled, 
 in term time, to go out of the prison and 
 its rule or bounds. Tidd, Prac. 961. Abol- 
 ished by 5 & 6 Vict. c. 22, § 12. 
 
 DAYBREAK. The dawn or first appear- 
 ance of light in the morning. 167 111. App. 
 159. 
 
 DAYLIGHT. The daytime; between sun- 
 rise and sunset. 4 Bl. Comm. 224. Sufficient 
 light, of day, to distinguish a man's feat- 
 ures. 11 Car. & P. 297; 11 E. C. L. 398. 
 
 An insurance policy requiring lamps to 
 be filled by daylight was held to mean not 
 that they must be filled in the daytime, but 
 that they must not be filled by artificial 
 light. 134 U. S. 110. 
 
 DAYS IN BANK. In English practice. 
 Days of appearance in the court of common 
 pleas, usually called bancum. They are at 
 the distance of about a week from each 
 other, and are regulated by some festival 
 of the church. 
 
 DAYS OF GRACE. In mercantile law. 
 Certain days (generally three) allowed to 
 the acceptor of a bill or the maker of a 
 note in which to make payment, in addi- 
 tion to the time contracted for by the bill 
 or note itself. 
 
 DAYSMAN. An arbitrator, umpire, or 
 elected judge. Cowell. 
 
 DAYTIME. See "Daylight." 
 
 DAYWERE. As much arable land as could 
 be ploughed in one day's work. Cowell. 
 
 DE. Of; about; concerning; respecting. 
 
 DE ACQUIRENDO RERUM DOMINIO. Of 
 (about) acquiring the ovraership of things. 
 Dig. 11. 1; Bracton, lib. 2, fol. 8b. 
 
 DE ADMENSURATIONE. Of admeasure- 
 ment. 
 
 Used of the writ of admeasurement of 
 dower, which lies where the widow has had 
 more dower assigned to her than she is 
 entitled to. It is said by some to lie where 
 either an infant heir or his guardian made 
 such assignment, at suit of the infant heir 
 whose rights are thus prejudiced. 2 Bl. 
 Comm. 136; Fitzh. Nat. Brev. 348. It seems, 
 however, that an assignment by a guardian 
 binds the infant heir, and that, after such 
 assignment, the heir cannot have his writ 
 of admeasurement. 2 Ind. 388; 1 Pick. 
 
 (Mass.) 314; 37 Me. 509; 1 Washb. Real 
 Prop. 226. 
 
 Used also of the writ of admeasurement 
 of pasture, which lies where the quantity of 
 common due each one of several having 
 rights thereto has not been ascertained. 3 
 Bl. Comm. 38. See "Admeasurement of 
 Dower." 
 
 DE ADVISAMENTO CONSILII NOSTRI 
 (Law Lat. with or by the advice of our 
 council). A phrase used in the old writs 
 of summons to parliament. Reg. Jud. Ap- 
 pend. 7. 8; Crabb, Hist. Eng. Law, 240. 
 
 DE AEQUITATE. In equity. De jure 
 stricto, nihil possum vendicare, de aequitate 
 tamen, nullo modo hoc obtinet, in strict law, 
 I can claim nothing, but in equity this by 
 no means obtains. Fleta, lib. 3, c. 2, § 10. 
 
 DE AESTIMATO. In Roman law. One of 
 the innominate contracts, and, in effect, a 
 sale of land or goods at a price fixed (aesii- 
 mato) and guaranteed by some third party, 
 who undertook to find a purchaser. 
 
 DE AETATE PROBANDA (Law Lat.) 
 Writ of (about) proving age. An old writ 
 which lay to the escheator or sheriff of a 
 county to summon a jury to inquire whether 
 the heir of a tenant in' capite, claiming his 
 estate on the ground of full age, was, in 
 fact, of age or not. Reg. Orig. 294; Fitzh. 
 Nat. Brev. 257. 
 
 DE ALEATORIBUS. About gamesters. 
 Dig. 11. 5. 
 
 DE ALLOCATION E FACIENDA (Lat. for 
 making allowance). A writ to allow the 
 collectors of customs, and other such offi- 
 cers having charge of the king's money, for 
 sums disbursed by them. 
 
 It was directed to the treasurer and bar- 
 ons of the exchequer. 
 
 DE ALTO ET BASSO. Of high and low. 
 A phrase anciently used to denote the ab- 
 solute submission of all differences to arbi- 
 tration. Cowell; 2 Reeve, Hist. Eng. Law, 
 90. 
 
 DE AMBITU (Lat. concerning bribery). 
 Ambitus (bribery) was the subject of sev- 
 eral of the Roman laws; as, the Lex Aufidia^ 
 the Lex Pompeia, the Lex Tullia, and others. 
 See "Ambitus." 
 
 DE ANNO BISSEXTILI. Of the bissextile 
 or leap year. The title of a statute passed 
 in the twenty-first year of Henry III., which 
 in fact, hovirever, is nothing more than a 
 sort of writ or direction to the justices of 
 the bench, instructing them how the extra- 
 ordinary day in the leap year was to be 
 reckoned in cases where persons had a day 
 to appear at the distance of a year, as on 
 the essoin de malo lecti, and the like. It 
 was thereby directed that the additional 
 day should, together with that which went 
 before, be reckoned only as one, and so, of 
 
DE ANNUA PENSIONE 
 
 272 
 
 DE BONIS NON AMOVENDIS 
 
 course, within the preceding year. 1 Reeve, 
 Hist. Eng. Law, 266. 
 
 DE ANNUA PENSIONE (Lat. of annual 
 pension). A writ by which the king, hav- 
 ing due unto him an annual - pension from 
 any abbot or prior for any of his chaplains 
 which he will name who is not provided 
 with a competent living, demands it of the 
 said abbot or prior for the one that is 
 named in the writ. Fitzh. Nat. Brev. 231; 
 Termes de la Ley. 
 
 DE ANNUO REDITU (Lat. for a yearly 
 rent). A writ to recover an annuity, no 
 matter how payable. 2 Reeve, Hist. Eng. 
 Law, 258. 
 
 DE APOSTATA CAPIENDO (Lat. for tak' 
 ing an apostate). A writ directed to the 
 sheriff for the taking the body of one who, 
 having entered into and professed some 
 order of religion, leaves his order and de- 
 parts from his house and wanders in the 
 country. Fitzh. Nat. Brev. 233; Termes de 
 la Ley. 
 
 DE ARBITRATION E FACTA (Lat. of ar- 
 bitration had) . A writ formerly used when 
 an action was brought for a cause which 
 had been settled by arbitration. Watson 
 Arb. 256. 
 
 DE ARRESTANDIS BONIS NE DISSI- 
 pentur. An old writ which lay to seize goods 
 in the hands of a party during the pendency 
 of a suit, to prevent their being made away 
 with. Reg. Orig. 126b. 
 
 DE ARRESTANDO IPSUM QUI PECU- 
 nlam receplt. A writ which lay for the ar- 
 rest of one who had taken the king's money 
 to serve in the war, and hid himself to es- 
 cape going. Reg. Orig. 24b; Blount. 
 
 DE ARTE ET PARTE. Of art and part. 
 A phrase in old Scotch law. 1 Pitcairn, pt. 
 2, p. 55. See "Art and Part." 
 
 DE ASPORTATIS RELIGIOSORUM. Con- 
 cerning the property of religious persons 
 carried away. The title of St. 35 Edw. I. 
 passed to check the abuses of clerical pos- 
 sessions, one of which was the waste they 
 suffered by being drained into foreign coun- 
 tries. 2 Reeve, Hist. Eng. Law, 157; 2 Inst. 
 580. ' 
 
 DE ASSISA PROROGANDA (Lat. for pro- 
 roguing assize) . A writ to put off an assize 
 issuing to the justices, where one of the 
 parties is engaged in the service of the 
 king. 
 
 DE ATTORNATO RECIPIENDO (Lat. for 
 receiving an attorney). A writ to compel 
 the judges to receive an attorney and admit 
 him for the party. Fitzh. Nat. Brev. 156b. 
 
 DE AUDIENDO ET TERMINANDO. For 
 hearing and determining; to hear and de- 
 termine. 
 
 The name of a writ or commission grant- 
 ed to certain justices to hear and determine 
 
 cases of heinous misdemeanor, trespass, 
 riotous breach of the peace, etc. Reg. Orig 
 123 et seq.; Fitzh. Nat. Brev. 110 (B). See 
 "Oyer and Terminer." * 
 
 DE AVERIIS CAPTIS IN WITHERNAM 
 (Lat. for cattle taken in withernam). A 
 writ which lies to take other cattle of the 
 defendant where he has taken and carried 
 away cattle of the plaintiff out of the coun- 
 try, so that they cannot be reached by re- 
 plevin. Termes de la Ley; 3 Sharswood, 
 Bl. Comm. 149. 
 
 DE AVERIIS REPLEGIANDI8 (Lat) A 
 writ to replevy beasts. 3 Bl. Comm. 149. 
 
 DE AVERIIS RETORNANDIS (Lat.forre- 
 turning cattle). Used of the pledges in the 
 old action of replevin. 2 Reeve, Hist. Eng. 
 Law, 177. 
 
 DE BENE ESSE (Lat. formally; condi- 
 tionally; provisionally). A technical phrase 
 applied to certain acts deemed for the time 
 to be well done, or until an exception or 
 other avoidance. It is equivalent to "pro- 
 visionally," with which meaning the phrase 
 is commonly employed. For example, a dec- 
 laration is filed or delivered, special bail is 
 put in, a witness is examined, etc., de bene 
 esse, or provisionally. 
 
 DE BIEN ET DE MAL. See "De Bono et 
 Malo." 
 
 DE BIENS LE MORT (Law Fr.). Of the 
 goods of the deceased. Dyer, 32. 
 
 DE BIGAMIS. Concerning men twice mar- 
 ried. The title of St. 4 Edw. I. st. 3; so- 
 called from the initial words of the fifth 
 chapter. 2 Inst. 272; 2 Reeve, Hist. Eng, 
 Law, 142. 
 
 DE BONE MEMORIE (Law Fr.) Of good 
 memory; of sound mind. St. Mod. Lev. 
 Fines; 2 Inst. 510. 
 
 DE BONIS ASPORTATiS (Lat. for goods 
 carried away). The name of the action for 
 trespass to personal property is trespass de 
 bonis asportatis. Buller, N. P. 836; 1 Tidd, 
 Prac. 5. 
 
 DE BONIS NON. See "Administration." 
 
 DE BONIS NON ADMINISTRATIS (Law 
 Lat. of the goods not administered). Where 
 the administration of the estate of an intes- 
 tate is left unfinished, in consequence of 
 the death, removal, etc., of the administra- 
 tor, and a new administrator is appointed, 
 the latter is termed an administrator de 
 bonis non; i. e., of the goods of the deceased 
 not administered by the former administra- 
 tor. 2 Steph. Comm. 243. An administra- 
 tor of this kind is also sometimes appointed 
 to succeed an executor. Id. 
 
 DE BONIS NON AMOVENDIS (Law Lat.) 
 Writ for not removing goods. A writ an- 
 ciently directed to the sheriffs of London, 
 commanding them, in cases where a writ 
 
DE BONIS PROPRIIS 
 
 273 
 
 DE CLERICO CAPTO 
 
 of error was brought by a defendant against 
 whom a judgment was recovered, to see that 
 his goods and chattels were safely kept 
 without being removed, while the error re- 
 mained undetermined, so that execution 
 might be had of them, etc. Reg. Orig. 131b; 
 Termes de la Ley. This seems to have been 
 a local writ. 
 
 DE BONIS PROPRIIS (Lat. of his own 
 goods) . A judgment against an executor or 
 administrator which is to be satisfied from 
 his own property. 
 
 When an executor or administrator has 
 been guilty of a devastavit, he is responsible 
 for the loss which the estate has sustained 
 de bonis propriis. He may also subject him- 
 self to the payment of a debt of the de- 
 ceased de honis propriis by his false plea 
 when sued in a representative capacity; as, 
 if he plead plene administravit, and it be 
 found against him, or a release to him when 
 false. In this latter case the judgment is 
 de bonis testatoris si, et si non de honis 
 propriis. 1 Wm. Saund. 336b, note 10; Bac. 
 Abr. "Executor" (B 3). 
 
 DE BONIS TESTATORIS (Lat. of the 
 goods of the testator). A judgment ren- 
 dered against an executor which is to be 
 satisfied out of the goods or property of the 
 testator. Distinguished from a judgment 
 de bonis propriis. 
 
 DE BONIS TESTATORIS AC SI (Lat.) 
 From the goods of the testator, if he has 
 any, and, if not, from those of the executor. 
 A judgment rendered where an executor 
 falsely pleads any matter as a release, or, 
 generally, in any case where he is to be 
 charged in case his testator's estate is in- 
 sufBcient. 1 Wm. Saund. 366b; Bac. Abr. 
 "Executor" (B 3); 2 Archb. Prac. 148. 
 
 DE BONO ET MALO (Lat. for good or 
 ill). A person accused of crime was said to 
 put himself upon his countrjr de bono et 
 mala. The French phrase de bien et de mal 
 has the same meaning. 
 
 A special writ of gaol delivery, one being 
 issued for each prisoner; now superseded by 
 the general commission of gaol delivery. 4 
 Bl. Comm. 270. 
 
 DE BONO GESTU. For good behavior. 
 
 DE CAETERO, or DE CETERO. Hence- 
 forth; henceforward; hereafter; in the fu- 
 ture. 
 
 DE CALCETO REPARENDO (Lat.) A 
 writ for repairing a highway, directed to 
 the sheriff, commanding him to distrain the 
 inhabitants of a place to repair the high- 
 way. Reg. Orig. 154; Blount. 
 
 DE CAPITALIBUS DOMINIS FEODI. Of 
 the chief lords of the fee. 
 
 A phrase in ancient charters, denoting 
 the tenure by which the estate was granted 
 to be held. 2 Bl. Comm. 298, 299. 
 
 DE CAPITE MINUTIS. Of those who have 
 lost their status, or civil condition. Dig. 4. 
 5. See "Capitas Deminutio." 
 
 DE CARTIS REDDENDIS (Lat. for restor- 
 ing' charters). A writ to secure the delivery 
 of charters; a writ of detinue. Reg. Orig. 
 159b. 
 
 DE CATALLIS REDDENDIS (Law Lat.) 
 Writ for rendering chattels. A writ to com- 
 pel the specific delivery of chattels detained 
 from the owner. Reg. Orig. 139b; Old Nat. 
 Brev. 63. A writ of detinue. Fitzh. Nat 
 Brev. 138; Cowell. 
 
 DE CAUTIONE ADMITTENDA (Lat. for 
 admitting bail). A writ directed to a bishop 
 who refused to allow a prisoner to go at 
 large on giving sufficient bail, requiring him 
 to admit him to bail. Fitzh. Nat. Brev. 63c 
 
 DE CERTIFICANDO. A writ requiring a 
 thing to be certified; a kind of certiorari. 
 Reg. Orig. 151, 152b. 
 
 DE CERTIORANDO. A writ for certifying. 
 A writ directed to the sheriff, requiring him 
 to certify to a particular fact. Reg. Orig. 
 24. 
 
 DE CHAMPERTIA. Writ of champerty. 
 A writ directed to the justices of the bench, 
 commanding the enforcement of the statute 
 of champertors. Reg. Orig. 193; Fitzh. Nat. 
 Brev. 172. See "Champerty." 
 
 DE CHAR ET DE SANK (Law Fr. of flesh 
 and blood). Affaire rechat de char et de 
 sank. Words used in claiming a person to 
 be a villein, in the time of Edward II. Y. B. 
 P. 1 Edw. II. p. 4. 
 
 DE CHIMIN 0. A writ for the enforcement 
 of a right of way; a species of quo permit- 
 tat. Reg. Orig. 155. 
 
 DE CIBARIIS UTENDIS. Of victuals to 
 be used. The title of a sumptuary statute 
 passed 10 Edw. III. st. 3, to restrain the 
 expense of entertainments. Barr. Obs. St. 
 240. 
 
 DE CLAMIA ADMITTENDA IN ITINERE 
 per attornatum (Law Lat.) An ancient writ, 
 by which the king commanded the justices 
 in eyre to admit a person's claim by attor- 
 ney, who was employed in the king's serv- 
 ice, and could not come in his own person. 
 Reg. Orig. 19b. 
 
 DE CLARO DIE. By daylight. Fleta, lib. 
 2, c. 76, § 8. 
 
 DE CLAUSO FRACTO. Of close broken; 
 of breach of close. See "Clausum Fregit." 
 
 DE CLERICO CAPTO PER STATUTUM 
 mercatorium deliberando. Writ for deliver- 
 ing a clerk arrested on a statute merchant. 
 A writ for the delivery of a clerk out of 
 prison, who had been taken and imprisoned 
 upon the breach of a statute merchant. Reg. 
 Orig. 147b. 
 
DE CLERO 
 
 274 
 
 DE CUSTODE AMOVENDO 
 
 DE CLERO (Law Lat.) Concerning the 
 clergy. The title of St. 25 Edw. III. st. 3; 
 containing a variety of provisions on the 
 subject of presentations, indictments of spir- 
 itual persons, and the like. 2 Reeve, Hist. 
 Eng. Law, 378; Crabb, Hist. Eng. Law, 270. 
 
 DE COMBUSTIONE DOMORUM. Of 
 house burning. One of the kinds of appeal 
 formerly in use in England. Bracton, fol. 
 146b; 2 Reeve, Hist. Eng. Law, 38. 
 
 DE COMMUNI DIVIDENDO. In civil law. 
 A writ of partition of common property. 
 See "Communi Dividendo." 
 
 DE COMON DROIT (Law Fr.) Of com- 
 mon right; that is, by the common law. Co. 
 Litt. 142a. 
 
 DE COMPUTO. Writ of account. A writ 
 commanding a defendant to render a rea- 
 sonable account to the plaintiff, or show 
 cause to the contrary. Reg. Grig. 135-138; 
 Fitzh. Nat. Brev. 117 (E). The founda- 
 tion of the modern action of account. 
 
 DE CONCILIO CURIAE. See "De Con- 
 silio Curiae." . 
 
 DE CONFLICTU LEGUM. Concerning 
 the conflict of laws. The title of several 
 works written on that subject. 2 Kent, 
 Comm. 456. 
 
 DE CONJUNCTIM FEOFFATIS. Con- 
 cerning persons jointly enfeoffed, or seised. 
 The title of St. 34 Edw. I., which was passed 
 to prevent the delay occasioned by tenants 
 in novel disseisin, and otiier writs, pleading 
 that some one else was seised jointly with 
 them. 2 Reeve, Hist. Eng. Law, 243. 
 
 DE CONSANGUINEO. Writ of coslnage 
 (q. V.) Reg. Orig. 226; Co. Litt. 160a. 
 
 DE CONSILIO. In old criminal law. Of 
 counsel; concerning counsel or advice to 
 commit a crime. Fleta, lib. 1, c. 31, § 8. 
 
 DE CONSILIO CURIAE. By the advice or 
 direction of the court. Bracton, fol. 345b. 
 
 DE CONSUETUDINIBUS ET SERVICIIS 
 
 (Law Lat.) Writ of customs and services. 
 A writ which lay for a lord against his ten- 
 ant, who withheld from him or deforced him 
 of the rents and services due by custom or 
 tenure for his land. Reg. Orig. 159; Fitzh. 
 Nat. Brev. 151; Bracton, fol. 83; 3 Bl. 
 Comm. 232; Roscoe, Reax Actions, 32. See 
 "Custom." 
 
 DE CONTINUANDO ASSISAM. Writ to 
 continue an assize. Reg. Orig. 217b. 
 
 DE CONTRIBUTIONE FACIENDA (Law 
 Lat.). Writ for making contribution. A 
 writ, founded on the statute of Marlbridge 
 (chapter 9), to compel coparceners, or ten- 
 ants in common, to aid the eldest in per- 
 forming the services due by him, or to make 
 contribution, where the services had been 
 already performed. Reg. Orig. 176b; Fitzh. 
 
 Nat. Brev. 162 (B), (C) ; 2 Reeve. Hist. 
 Eng. Law, 327; 3 Reeve, Hist. Eng. Law, 
 55; Crabb, Hist. Eng. Law, 212. 
 
 DE CONTUMACE CAPIENDO (Law Lat.) 
 Writ for taking a contumacious person. A 
 writ which issues out of the English court 
 of chancery in cases where a person has 
 been pronounced by an ecclesiastical court 
 to be contumacious, and in contempt. Shelf 
 Mar. & Div. 494-496, and notes. It is a 
 commitment for contempt. Id. 504, 605; 5 
 Adol. & E. (N. S.) 335. , 
 
 DE COPIA LIBELLI DELIBERANDA 
 (Law Lat.) Writ for delivering the copy 
 of a libel. An ancient writ directed to the 
 judge of a spiritual court, commanding him 
 to deliver to a defendant a copy of the libel 
 filed against him in such court. Reg. Orig. 
 58. The writ in the register is directed to 
 the dean of Arches, and his commissary. Id. 
 See "Copia." 
 
 DE CORONATORE ELIGENDO (Law 
 Lat.) Writ for electing a coroner. A writ 
 issued to the sheriff in England, command- 
 ing him to proceed to the election of a coro- 
 ner, which is done in full county court (in 
 pleno comitatu) , the freeholders being the 
 electors. Reg. Orig. 177; Reg. Jud. Appen- 
 dix, 19; 1 Bl. Comm. 347; 3 Steph. Comm. 
 31; Sewell, Sheriffs, 372. A vtrit of this 
 kind was issued as late as May, 1852. See 
 35 Eng. Law & Eq. 136. 
 
 DE CORONATORE EXONERANDO (Law 
 Lat.) Writ for discharging or removing a 
 coroner. A writ by which a coroner in Eng- 
 land may be removed from office for some 
 cause therein assigned. Fitzh. Nat. Brev. 
 163, 164; 1 Bl. Comm. 348; Sewell, Sheriffs, 
 373. 
 
 DE CORPORE COMITATUS. From the 
 body of the county at large, as distinguished 
 from a particular neighborhood (de vieine- 
 to). 3 Bl. Comm. 360. 
 
 DE CORRODIO HABENDO. Writ for hav- 
 ing a corody. A writ to exact a corody from 
 a religious house. Reg. Orig. 264; Fitzh. 
 Nat. Brev. 230. See "Corody." 
 
 DE CURIA CLAUDENDA (Lat. of Inclos- 
 ing a court). An obsolete writ, to require 
 a defendant to fence in his court or land 
 about his house, where it was left open to 
 the injury of his neighbor's freehold. 1 
 Crabb, Real Prop. 314; 6 Mass. 90. 
 
 DE CURSU. Of course. Reg. Orig. 29b. 
 
 The formal proceedings in an action, as 
 distinguished from those incidental proceed- 
 ings that may be taken in summons, peti- 
 tion, or motion, all of which latter are called 
 "summary proceedings." 
 
 DE CUSTODE ADMITTENDO. Writ for 
 admitting a guardian. Reg. "Orig. 93b, 198. 
 
 DE CUSTODE AMOVENDO. Writ for re- 
 moving a guardian. Reg. Orig. 198. 
 
DE CUSTODIA TERRAE 
 
 275 
 
 PE ESSE IN PEREGRINATIONE 
 
 DE CUSTODIA TERRAE ET HAEREDIS. 
 Writ of ward, or writ of right of ward. A 
 writ which lay for a guardian in knight's 
 service or in socage, to recover the posses- 
 sion and custody of the infant, or the ward- 
 ship of the land and heir. Reg. Orig. 161b; 
 Fitzh. Nat. Brev. 139 (B) ; 3 Bl. Comm. 141. 
 
 DE DEBITO. Writ of debt. Reg. Orig. 
 139. Fitzh. Nat Brev. 119 (C), 121. 
 
 DE DEBITORE IN PARTES SECANDO. 
 Of cutting a debtor in pieces. This was the 
 name of a law contained in the Twelve 
 Tables, the meaning of which has occa- 
 sioned much controversy. Some commenta- 
 tors have concluded that it was literally the 
 privilege of the creditors of an insolvent 
 debtor (all other means failing) to cut his 
 body into pieces and distribute it among 
 them. Ottiers contend that the language of 
 this law must be taken figuratively, de- 
 noting a cutting up and apportionment of 
 the debtor's estate. 
 
 The latter view has been adopted by Mon- 
 tesquieu, Bynkershoek, Heineccius, and Tay- 
 lor. Esprit des Lois, liv. 29, c. 2; Bynk. 
 Obs. Jur. Rom. lib. 1, c. 1; Heinec. Ant. 
 Rom. lib. 3, tit. 30, § 4; Tayl. Comm. Leg. 
 Dec. The literal meaning, on the other 
 hand, is advocated by Aulus Gellius and 
 other writers of antiquity, and receives 
 support from an expression (semoto omni 
 cruciatu) in the Roman code itself. Aul. 
 Gel. Noctes Atticae, lib. 20, c. 1; Code, 7. 7. 
 8. This is also the opinion of Gibbon, Gra- 
 vina, Pothire, Hugo, and Niehbuhr. 3 Gib. 
 Rom. Emp. (Am. Ed.) p. 183; Grav. de Jur. 
 Nat. Gent, et XII. Tab. § 72; Poth. Introd. 
 ad Pand.; Hugo, Hist, du Droit Rom. tom. 
 i. p. 233, § 149; 2 Niehb. Hist. Rom. p. 597; 
 1 Kent, Comm. 523, note. 
 
 DE DECEPTIONE. A writ of deceit 
 which lay against one who acted in the name 
 of another, whereby the latter was damni- 
 fied and deceived. Reg. Orig. 112; Fitzh. 
 Nat. Brev. 95 (E) ; Reg. Jud. 9b. 10. 
 
 DE DEONERANDA PRO RATA POR- 
 tionis. A writ that lay where one was dis- 
 trained for rent that ought to be paid by 
 others proportionately with him. Fitzh, Nat. 
 Brev. 234; Termes de la Ley. 
 
 DE DIE IN DIEM. From day to day. 
 Bracton, fol. 205b; Holt, C. J., 6 Mod. 252. 
 
 DE DIVERSIS REGULIS JURIS AN- 
 
 tiqui. Of diverse rules of the ancient law. 
 A celebrated title of the Digests, and the 
 last in that collection. It consists of two 
 hundred and eleven rules or maxims. Dig. 
 50. 17. 
 
 DE DOLO MALO. Of or founded upon 
 fraud. Dig. 4. 3. See "Actio de Dolo Halo." 
 
 DE DOMO REPARANDA (Lat.) The 
 name of an ancient common-law writ, by 
 which one tenant in common might compel 
 his cotenant to concur in the expense of re- 
 
 pairing the property held in common. 8 
 Barn. & C. 269; 1 Thomas, Co. Litt. 216, 
 note 17, and page 787. 
 
 DE DON IS. See "Estates." 
 
 DE pONIS, THE STATUTE (more fully, 
 de bonis conditionalibus, concerning condi- 
 tional gifts) . St. Edw. I. c. 1. 
 
 The object of the statute was to prevent 
 the alienation of estates by those who held 
 only a part of the estate in such a manner 
 as to defeat the estate of those who were 
 to take subsequently. By introducing per- 
 petuities, it built up great estates, and 
 strengthened the power of the barons. See 
 Bac. Abr. "Estates Tail"; 1 Cruise, Dig. 
 70; 1 Washb. Real Prop. 271. 
 
 DE DOTE ASSIGNANDA (Lat. for as- 
 signing dower). A writ commanding the 
 king's escheator to assign dower to the 
 widow of a tenant in capite. Fitzh. Nat. 
 Brev. 263c. 
 
 DE DOTE UNDE NIHIL HABET (Lat. of 
 dower in that whereof she has none). A 
 writ of dower which lay for a widow where 
 no part of her dower had been assigned to 
 her. It is now much disused; but a form 
 closely resembling it is still much used in 
 the United States. 4 Kent, Comm. 63; 
 Stearns, Real Actions, 302; 1 Washb. Real 
 Prop. 230. 
 
 DE EJECTIONE CUSTODIAE (Law Lat.; 
 Law Fr. ejectment de gard) . Writ of eject- 
 ment of ward. A writ which lay where a 
 guardian had been forcibly ejected from his 
 Wardship. Reg. Orig. 162. 
 
 DE EJECTIONE FIRMAE. A writ which 
 lay at the suit of the tenant for years 
 against the lessor, reversioner, remainder- 
 man, or stranger who had himself deprived 
 the tenant of the occupation of the land 
 during his term. 3 Bl. Comm. 199. Orig- 
 inally lying to recover damages only, it 
 came to be used to recover the rest of the 
 term, and then generally the possession of 
 lands. Involving, in the question of who 
 should have possession, the further question 
 of who had the title, it gave rise to the mod- 
 ern action of ejectment. Brooke, Abr.; Ad- 
 ams, Ej.; 3 Sharswood, Bl. Comm. 199 et 
 seq. 
 
 DE ESCAETA. A writ of escheat which 
 lay for the lord to recover the land where 
 the tenant died without an heir. Reg. Orig. 
 194. 
 
 DE ESCAMBIO MONETAE. A writ of 
 exchange of money. An ancient writ to au- 
 thorize a merchant to make a bill of ex- 
 change literas cambitorias faeere, Reg. 
 Orig. 194. 
 
 DE ESSE IN PEREGRINATIONE. Of be- 
 ing on a journey. A species of essoin. 1 
 Reeve, Hist. Eng. Law, 119. 
 
DE ESSENDO QUIETUM 
 
 276 
 
 DE FACTO 
 
 DE ESSENDO QUIETUM DE THEO- 
 lonio (or tolonio) (Law Lat.) Writ ot being 
 quit of toll. A writ which lay for citizens 
 and burgesses of any city or borough, and 
 other persons, who, by charter or prescrip- 
 tion, were exempted from toll, to enforce 
 such exemption. Reg. Orig. 258b-261 ; Fitzh. 
 Nat. Brev. 226 (I). An action was brought 
 on such a writ as late as 29 Geo. III. 1 
 H. Bl. 206. 
 
 DE ESSONIO DE MALO LECTI. Writ of 
 essoin of malum lecti. A writ which is- 
 sued upon an essoin of malum lecti being 
 cast, to examine whether the party was in 
 fact sick or not. Reg. Orig. 8b. See "De 
 Malo Lecti." 
 
 DE ESTOVERIIS HABENDIS (Lat. to ob- 
 tain estovers). A writ which lay for a 
 woman divorced a mensa et thoro to re- 
 cover her alimony or estovers. 1 Bl. Comm. 
 441. 
 
 DE ESTREPAMENTO (Law Lat.) Writ 
 of estrepement. A writ to prevent or stop 
 the commission of waste- in lands by a ten- 
 ant during the pendency of a suit against 
 him for their recovery. Reg. Orig. 76b; 
 Fitzh. Nat. Brev. 60; 3 Bl. Comm. 225, 226. 
 Abolished by St. 3 & 4 Wm. IV. c. 27. See 
 "Estrepement." 
 
 DE EU ET TRENE (Law Fr.) Of water 
 and whip of three cords. A term applied 
 to a neife, that is, a bond woman or female 
 villein, as employed in servile work, and 
 subject to corporal punishment. Co. Litt. 
 25b. 
 
 DE EVE ET DE TREVE (Law Fr.; Lat. 
 de avo et de tritavo). From grandfather 
 and great-grandfather's, great-grandfather. 
 A phrase used in year books in cases 
 where a party was claimed by another as 
 his villein, as descriptive of the ancestral 
 rights of lords in such cases. 
 
 DE EXCOMMUNICATO CAPIENDO (Lat. 
 for taking one who is excommunicated) . A 
 writ commanding the sheriff to arrest one 
 who was excommunicated, and imprison 
 him till he should become reconciled to the 
 church. 3 Bl. Comm. 102. 
 
 DE EXCOMMUNICATO DELIBERANDO 
 (Lat. for freeing one excommunicated). A 
 writ' to deliver an excommunicated person, 
 who has made satisfaction to the church, 
 from prison. 3 Bl. Comm. 102. 
 
 DE EXCOMMUNICATO RECAPIENDO 
 (Law Lat.) Writ for retaking an excom- 
 municated person, where he has been lib- 
 erated from prison, without making satis- 
 faction to the church, or giving security for 
 that purpose. Reg. Orig. 67. 
 
 DE EXCUSATIONIBUS (Lat. of excuses). 
 The first title of the twenty-seventh book of 
 the Digests is so denominated, as treating 
 of the circumstances which would excuse 
 persons from serving in the offices of tutor 
 
 or curator. It is made up, in a great de- 
 gree, of extracts from the Greek work of 
 Herennius Modestinus on the subject. 
 
 DE EXECUTIONS FACIENDA IN WITH- 
 ernamium (Law Lat.) Writ for making ex- 
 ecution in withernam. Reg. Orig. 82b. A 
 species of capias in ivithernam. 
 
 DE EXECUTIONS JUDICII (Law Lat.) 
 Writ of execution of judgment. A writ di- 
 rected to a sheriff or bailiff, commanding 
 him to do execution upon a judgment. Reg. 
 Orig. 18; Fitzh. Nat. Brev. 20; 3 Reeve, 
 Hist. Eng. Law, 56. 
 
 DE EXEMPLIFICATIONE. Writ of ex- 
 emplification. A writ granted for the exem- 
 plification of an original. Reg. Orig. 290b. 
 
 DE EXONERATIONS SECTAE. A writ 
 to free the king's ward from suit in any 
 court lower than the court of common pleas 
 during the time of such wardship. 
 
 DE EXPENSiS CIVIUM ET BURGEN- 
 
 sium. An obsolete writ addressed to the 
 sheriff to levy the expenses of every citizen 
 and burgess of parliament. 4 Inst. 46. 
 
 DE EXPENSIS MILITUM NON LEVAN- 
 dis (Law Lat.) Writ for levying the ex- 
 penses of knights. ' A writ directed to the 
 sheriff for levs^ing the allowance for knights 
 of the shire in parliament, Reg. Orig. 191b. 
 
 DE FACTO. Actually; in fact; In deed. 
 A term used to denote a thing actually 
 done. 
 
 An officer de facto is one who performs 
 the duties of an office with apparent right, 
 and under claim and color of an appoint- 
 ment, but without being actually qualified in 
 law so to act. 37 Me. 423. See "Ofiicer." 
 
 An officer In the actual exercise of execu- 
 tive power would be an officer de facto, and 
 as such distinguished from one who, being 
 legally entitled to such power, is deprived of 
 it; such a one being an officer de jure only. 
 An officer holding without strict legal au- 
 thority. 2 Kent, Comm. 295. An officer de 
 facto is frequently considered an officer de 
 jure, and legal validity allowed his official 
 acts. 10 Serg. & R. (Pa.) 250; 11 Serg. & 
 R. (Pa.) 411; 1 Coxe (N. J.) 318; 10 Mass. 
 290; 15 Mass. 180; 6 Pick. (Mass.) 487; 25 
 Conn. 278; 5 Wis. 308; 24 Barb. (N. Y.) 
 587; 37 Me. 423; 19 N. H. 115; 2 Jones (N. 
 C.) 124; 2 Swan (Tenn.) 87. _ 
 
 An officer de facto is prima facw one ae 
 jure. 21 Ga. 217. 
 
 A wife de facto only is one whose mar- 
 riage is voidable by decree. 4 Kent, Comm. 
 
 Oft 
 
 Blockade de facto is one actually main- 
 tained. 1 Kent, Comm. 44 et seq. 
 
 A corporation is a de facto corporation 
 where there is a law authorizing such a cor- 
 poration, and where the company has made 
 an effort to organize under law and is trans- 
 acting business in a corporate name, ion 
 111. 108, 
 
DE FALSO JUDICIO 
 
 277 
 
 DE HOMINE CAPTO 
 
 DE FALSO JUDrCIO. Writ of false judg- 
 ment. Reg. Orig. 15; Pitzh. Nat. Brev. 18. 
 See "False Judgment." 
 
 DE FALSO MONETA. Of false money. 
 The title of St. 27 Edw. I., ordaining that 
 persons importing certain coins, called "pol- 
 lards," and "crokards," should forfeit their 
 lives and goods, and everjrthing they could 
 forfeit. 2 Reeve, Hist. Eng. Lav?, 228, 229. 
 
 DE FEODO. This phrase Is applied, In 
 old statutes to officers who have their of- 
 fices in fee. 
 
 De feodo suo; of his fee; belonging to 
 his fee. Fleta, lib. 2, c. 47, § 15. 
 
 Forestarius de feodo; forester of fee. 
 Cart, de Forest, c. 14. Maresoallus de feodo; 
 marshal of fee. Stat. Westm. 2, c. 42. In 
 dominco. In demesne, (q. v.) 
 
 DE FIDE ET OFFICIO JUDICIS NON 
 recipitur quaestio, sed de scientia sive sit 
 error juris sive faoti. The bona fides and 
 honesty of purpose of a judge cannot be 
 questioned, but his decision may be im- 
 pugned for error either of law or of fact. 
 Bac. Max. reg. 17; 5 Johns. (N. Y.) 291; 9 
 Johns. (N. Y.) 396; 1 N. Y. 45; Broom, 
 Leg. Max. (3d London Ed.) 82. 
 
 DE FIDEI LAESIONE. Of breach of faith 
 or fidelity. 4 Reeve, Hist. Eng. Law, 99. 
 
 DE FINE CAPIENDO PRO TERRIS (Law 
 Lat.) A writ which lay for a juror who 
 had been attained for giving a false ver- 
 dict, to obtain the release of his person, 
 lands, and goods, on payment of a certain 
 fine to the king. Reg. Orig. 232. See 
 "Attaint." 
 
 DE FINE FORCE (Law. Fr.) Of neces- 
 sity; of pure necessity. Dyer, 41. See 
 "Fine Force." 
 
 DE FINE NON CAPIENDO PRO PUL- 
 chre piacitando (Law Lat.) A writ prohib- 
 iting the taking of fines for beaiipleader. 
 Beg. Orig. 179. See "Beaupleader." 
 
 DE FINE PRO REDISSEISINA CA- 
 
 piendo (Law Lat.) A writ which lay for the 
 release of one imprisoned for a redisseisin, 
 on payment of a reasonable fine. Reg. Orig. 
 222b. 
 
 DE FINIBUS LEVATIS. Concerning fines 
 levied. The title of St. 27 Edw. I., requir- 
 ing fines thereafter to be levied, to be read 
 openly and solemnly in court. 2 Inst. 521 ; 
 Barr. Obs. St. 176. 
 
 DE FORISFACTURE MARITAGII. A 
 writ of forfeiture of marriage. Reg. Orig. 
 163, 164 
 
 DE FRANGENTIBUS PRISONAM. Con- 
 cerning those that break prison. The title 
 of St. 1 Edw. IL, ordaining that none from 
 thenceforth who broke prison should have 
 judgment of life or limb for breaking prison 
 only, unless the cause for which he was 
 
 taken and imprisoned required such a judg- 
 ment if he was lawfully convicted thereof. 
 2 Reeve, Hist. Eng. Law, 290; 2 Inst. 589. 
 
 DE FURTO. Of theft. One of the kinds 
 of criminal appeal formerly in use in Eng- 
 land. 2 Reeve, Hist. Eng. Law, 40. 
 
 DE GESTU ET FAMA. Of behavior and 
 reputation. An old writ which lay in cases 
 where a person's conduct and reputation 
 were impeached. Lambard, Eiren. lib. 4, c. 
 14. 
 
 DE GRATIA. Of grace or favor; by favor. 
 Fleta, lib. 2, c. 57, § 11. De speciali gratia, 
 of special grace or favor. Id. 
 
 DE GRATIA SPECIALI CERTA SCIEN- 
 tia et mero motu, talis clausula non vaiet In 
 his In quibus praesumitur principem esse 
 Ignorantem. The clause "of our special 
 grace, certain knowledge, and mere motion," 
 is of no avail in those things in which it is 
 presumed that the prince was ignorant. 1 
 Coke, 53. 
 
 DE GROSSIS ARBORIBUS DECIMAE 
 non dabuntur sed de sylvIa caedua decimae 
 dabuntur. Of whole trees, tithes are not 
 given; but of wood cut to be used, tithes are 
 given. 
 
 DE HAEREDE DELIBERANDO ALTERI 
 qui habet custodiam terrae. An ancient writ, 
 directed to the sheriff, to require one that 
 had the body of an heir, being in ward, to 
 deliver him to the person whose ward he 
 was by reason of his land. Reg. Orig. 161. 
 
 DE HAEREDE DELIBERANDO ILLI QUI 
 
 habet custodiam terrae. Writ for deliver- 
 ing an heir to him who has wardship of the 
 land. A writ directed to the sheriff, to re- 
 quire one that had the body of him that 
 was ward to another to deliver him to the 
 person whose ward he was by reason of his 
 land. Reg. Orig. 161. 
 
 DE HAEREDE RAPTO ET ABDUCTO. 
 
 Writ concerning an heir ravished and car- 
 ried away. A writ which anciently lay for 
 a lord who, having by right the wardship 
 of his tenant under age, could not obtain 
 his body, the same being carried away by 
 another person. Reg. Orig. 163; Old Nat. 
 Brev. 93. 
 
 DE HAERETICO COMBURENDO (Lat. 
 for burning a heretic). A writ which lay 
 where a heretic had been convicted of here- 
 sy, had abjured, and had relapsed into here- 
 sy. Said to be very ancient. 4 Bl. Comm. 
 46. 
 
 DE HOMAGIO RESPECTUANDO. A writ 
 for respiting or postponing homage. Fitzh. 
 Nat. Brev. 269 (A). 
 
 DE HOIVIINE CAPTO IN WITHERNAiVI 
 (Lat. for taking a man in withernam). A 
 writ to take a man who had carried away a 
 bondman or bondwoman into another coun- 
 
DE HOMINE REPLEGIANDO 
 
 278 
 
 DE LA PLUS BELLE 
 
 try beyond the reach of a writ of replevin. 
 3 Bl. Conuu. 129. 
 
 DE HOMINE REPLEGIANDO (Lat. for 
 replevying a man). A writ which lies to 
 replevy a man out of prison, or out of the 
 custody of a private person, upon giving 
 security to the sheriff that the man shall be 
 forthcoming to answer any charge against 
 him. Pitzh. Nat. Brev. 66; 3 Bl. Comm. 
 129. The statute — which had gone nearly 
 out of use, having been superseded by the 
 writ of habeas corpus — has been revived 
 within a few years in some of the United 
 States in an amended and more effectual 
 form. 1 Kent. Comm. 404, note; Gen. St. 
 Mass. c. 144, § 42 et seq. 
 
 DE IDENTITATE NOMINIS. A writ 
 which lay for one arrested in a personal 
 action, and committed to prison under a 
 mistake as to his identity, the proper de- 
 fendant bearing the same name. Reg. Orig. 
 194. 
 
 DE IDIOTA INQUIRENDO (Law Lat.) A 
 writ to inquire whether a man be an idiot or 
 not. Reg. Orig. 266; Fitzh. Nat. Brev. 232 
 (A) ; 1 Bl. Comm. 303. 
 
 DE IIS QUI PONENDI SUNT IN ASSISIS. 
 Of those who are to be put on assizes. The 
 title of a statute passed 21 Edw. I., defin- 
 ing the qualifications of jurors. Crabb, Hist. 
 Eng. Law, 167, 189; 2 Reeve, Hist. Eng. 
 Law, 184, 
 
 DE INCREMENTO (Lat. of increase). 
 Costs de incremento, costs of increase, — 
 that is, which the court assesses in addition 
 to the damages established by the jury. See 
 "Costs de Incremento." 
 
 DE INFIRMITATE. Of infirmity. The 
 principal essoin in the time of Glanville; 
 afterwards called "de malo." 1 Reeve, Hist. 
 Eng. Law, 115. See "De Malo"; Essoin." 
 
 DE INGRESSU. A writ of enjkry. Brac- 
 ton, fols. 318, 319. Reg. Orig. 227b, 231, 
 235-237; Cowell. 
 
 DE INJURIA (Lat.) The full form is de 
 injuria sua propria absque tali causa, of his 
 own wrong without such cause; or, where 
 part of the plea is admitted, absque residuo 
 causae, without the rest of the cause. 
 
 In Pleading. The replication by which 
 
 in an action of tort the plaintiff denies the 
 effect of excuse or justification offered by 
 the defendant. 
 
 It can only be used where the defendant 
 pleads matter merely in excuse and not in 
 justification of his act. It is confined to 
 those instances in which the 'plea neither 
 denies the original existence of the right 
 which the defendant is charged with hav- 
 ing violated, nor alleges that it has been 
 released or extinguished, but sets up some 
 new matter as a sufficient excuse or cause 
 for that which would otherwise and in its 
 own nature be wrongful. It cannot, there- 
 
 fore, be properly used when the defendant's 
 plea alleges any matter in the nature of 
 title, interest, authority, or matter of record. 
 8 Coke, 66; 1 Bos. & P. 76; 4 Johns. (N. Y.) 
 159, note; 5 Johns. (N. Y.) 112; 12 Johns 
 (N. Y.) 491; 1 Wend. (N. Y.) 126; 8 Wend. 
 (N. Y.) 129; 25 Vt. 328; Steph. PI. 276. 
 
 DE INOFFICIOSO TESTAMENTO. Con- 
 cerning an inoificious or undutiful will. A 
 title of the civil law. Dig. 6, 2; Inst. 2, 18. 
 
 DE INTEGRO. Anew; a second time. 1 
 Vern. 223, 232. 
 
 As it was before. 5 Maule & S. 222. 
 
 DE INTRUSIONE. A writ of intrusion; 
 where a stranger entered after tl.e death of 
 the tenant, to the injury of the icvisioner. 
 Reg. Orig. 233b. 
 
 DE JACTURA EVITANDA. For avoiding 
 a loss. A phrase applied to a defendant, as 
 de lucro captando is to a plaintiff. I Litt. 
 (Ky.) 61. 
 
 DE JUDAISMO, STATUTUM. The name 
 of a statute passed in the reign of Edward 
 I., which enacted severe penalties against 
 the Jews. Barr. Obs. St. 197. 
 
 DE JUDICATO SOLVENDO. For pay- 
 ment of the amount adjudged. A term ap- 
 plied in the Scotch law to bail to the ac- 
 tion, or special bail. Gierke, Prax. tit. 11. 
 
 DE JUDICIIS. Of judicial proceedings. 
 The title of the second part of the Digests or 
 Pandects, including the fifth, sixth, seventh, 
 eighth, ninth, tenth, and eleventh books. 
 See Dig. proem. § 3. 
 
 DE JUDICIO SISTI. For appearing in 
 court. A term applied in the Scotch and 
 admiralty law to bail for a defendant's 
 appearance. Gierke, Prax. tit. 11. 
 
 DE JURE. Rightfully; of right; lawfuUy; 
 by legal title. Contrasted with de facto {q. 
 V.) 4 Bl. Comm. 77. 
 
 Of right; distinguished from de gratia, 
 by favor. By law, distinguished from de 
 aequitate, by equity. 
 
 DE JURE DECIMARUM, ORIGINEM 
 ducens de jure patronatus, tunc cognltio 
 spectat at legem civilem, i. e., communem. 
 With regard to the right of tithes, deducing 
 its origin from the right of the patron, then 
 the cognizance of them belongs to the civil 
 law, — ^that is, the common law. Godb. 63. 
 
 DE JURE JUDICES, DE FACTO JURA- 
 tores, respondent. The judges answer con- 
 cerning the law, the jury concerning the 
 facts. See Co. Litt. 295; Broom, Leg. Max. 
 (3d London Ed.) 99. 
 
 DE LA PLUS BELLE (Fr. of the fairest). 
 A kind of dower. . So called because as- 
 signed from the best part of the husband's 
 estate. It was connected with the military 
 tenures, and was abolished, with them, by 
 
DE LATERE 
 
 279 
 
 DE MINIS 
 
 St. 12 Car. II. c. 24. Litt. § 48; 2 Bl. Comm. 
 132, 135; 1 Washb. Real Prop. 149, note. 
 
 DE LATERE. From the side; on the 
 side; collaterally; of collaterals. Code, 5. 
 5. 6. 
 
 DE LEGATIS ET FIDEI COMMISSIS. Of 
 legacies and trusts. Dig. 30. 
 
 DE LEPROSO AMOVENDO. Writ for re- 
 moving a leper. A writ to remove a leper 
 who thrust himself into the company of his 
 neighbors in any parish, in public or pri- 
 vate places, to their annoyance. Reg. Orig 
 267; Fitzh. Nat. Brev. 234 (E) ; New Nat. 
 Brev. 521. 
 
 DE LIBERA FALDA. Writ of free fold. 
 A species of quod permittat. Reg. Orig. 
 155. 
 
 DE LIBERA PISCARIA. Writ of free 
 fishery. A species of quod permittat. Reg. 
 Orig. 155. ^ 
 
 DE LIBERO PASSAGIO. Writ of free 
 passage. A species of quod permittat. Reg. 
 Orig. 155. 
 
 DE LIBERTATE PROBANDA. Writ for 
 proving liberty. A writ which lay for such 
 as, being demanded for villeins or niefs, 
 offered to prove themselves free. Reg. Orig. 
 87b; Fitzh. Nat. Brev. 77 (F). 
 
 DE LIBERTATIBUS ALLOCANDIS (Lat. 
 for allowing liberties). A writ, of various 
 forms, to enable a citizen to recover the 
 liberties to which he was entitled. Fitzh. 
 Nat. Brev. 229; Reg. Orig. 262. 
 
 DE LICENTIA TRANSFRETANDI. Writ 
 of permission to cross the sea. An old writ 
 directed to the wardens of the port of Do- 
 ver, or other seaport in England, command- 
 ing them to permit the persons named in 
 the writ to cross the sea from such port, 
 on certain conditions. Reg. Orig. 193b. 
 
 DE LUNATICO INQUIRENDO (Lat.) 
 The name of a writ directed to the sheriflF, 
 directing him to inquire by good and lawful 
 men whether the party charged is a lunatic 
 or not. See 4 Rawle (Pa.) 234; 1 Whart. 
 (Pa.) 52; 5 Halst. (N. J.) 217; 6 Wend. (N. 
 Y.) 497. 
 
 DE MAGNA ASSISA ELIGENDA (Law 
 Lat.) Writ of or for choosing the grand as- 
 size. A writ directed to the sheriff to sum- 
 mon four lawful knights, before the justices 
 of assize, there upon their oaths, to choose 
 twelve knights of the vicinage to be joined 
 with them, which sixteen knights consti- 
 tuted the grand assize, or great jury, which 
 was to try the matter of right in a writ of 
 right. Reg. Orig. 8; Fitzh. Nat. Brev. 4 
 (F) ; 3 Bl. Comm. 351. Abolished by St. 3 
 & 4 Wm. IV. c. 27. See "Grand Assize." 
 
 . DE MAJORI ET MINORI NON VARIANT 
 jura. Concerning major and minor, laws do 
 not vary. 2 Vem. 552. 
 
 DE MALO. Of illness. See "De Malo 
 Lecti." 
 
 DE MALO LECTI (Law Lat.; Law Fr. de 
 mal de lyt). Of infirmity or illness of (in) 
 bed. Closely rendered, in old Scotch law, 
 bed-evil (bedde-evill) . A species of essoin 
 or excuse for nonappearance in court, for- 
 merly allowed a defendant in England, and 
 more anciently called de ivfirmitate de re- 
 seantisa; the excuse being that the defend- 
 ant was confined to his house in bed (lectus) 
 by infirmity or indisposition (malum). 
 Glanv. lib. 1, c. 18, 19; Bracton, fol. 337, 
 344b; Britt. cc. 122, 123; Fleta, lib. 6, c. 
 10; 1 Reeve, Hist. Eng. Law, 115, 412; 
 Skene de Verb. Sign. voc. "Reseantisa." 
 This essoin commonly followed immediately 
 upon that de malo veniendi (infra); for 
 where a person, having been detained on the 
 road by sickness, and having cast the essoin 
 de malo veniendi, had found himself obliged 
 to return home, the order of essoins, con- 
 formably with what was likely to be the 
 real fact, led to the essoin de malo lecti. 1 
 Reeve, Hist. Eng. Law, 412; Bracton, fol. 
 344b. 
 
 DE MANUCAPTIARE (Lat. of mainprize). 
 A writ directed to the sheriff, commanding 
 him to take sureties for the prisoner's ap- 
 pearance, — usually called mainpernors, — and 
 to set him at large. Fitzh. Nat. Brev. 250; 
 1 Hale, P. C. 141; Coke, "Bail & Mainprize," 
 c. 10; Reg. Orig. 268b. 
 
 DE MANUTENENDO. Writ of mainte- 
 nance. A writ which lay against a person 
 for the offense of maintenance. Reg. Orig. 
 182b, 189. 
 
 DE MEDIETATE LINGUAE. See "Medie- 
 tas Linguae." 
 
 DE MEDIO (Lat. of the mesne). A writ in 
 the nature of a writ of right, which lies 
 where, upon a subinfeudation, the mesne (or 
 middle) lord suffers his under tenant or 
 tenant paravail to be distrained upon by the 
 lord paramount for the rent due him from 
 the mesne lord. Booth, Real Actions, 136; 
 Fitzh. Nat. Brev. 135; 3 Sharswood, Bl. 
 Comm. 234; Co. Litt. 100a. 
 
 DE MELIORIBUS DAMNIS (Lat.) Of the 
 better damages. When a plaintiff has sued 
 several defendants, and the damages have 
 been assessed severally against each, he has 
 the choice of selecting the best, as he can- 
 not recover the whole. This is done by mak- 
 ing an election de melioribus damnis. 
 
 DE MERCATORIBUS, THE STATUTE. 
 
 The statute of Acton Burnell. See "Acton 
 Burnell." 
 
 DE MINIMIS NON CURAT LEX. The 
 
 law does not notice (or care for) trifling 
 matters. Broom, Leg. Max. (3d London 
 Ed.) 134; Hob. 88; 5 Hill (N. Y.) 170. 
 
 DE MINIS. Writ of threats. A writ 
 which lay where a person was threatened 
 
DE MITTENDO TENOREM 
 
 280 
 
 DE ODIO ET ATIA 
 
 witK personal violence, or the destruction of 
 his property, to compel the offender to keep 
 the peace. Reg. Orig. 88b, 89; Fitzh, Nat, 
 Brev. 79 (G), 80. 
 
 DE MITTENDO TENOREM RECORDI. 
 A writ to send the tenor of a record, or to 
 exemplify it under the great seal. Reg. 
 Orig. 220b. 
 
 DE MODERATA MISERICORDIA CA- 
 plenda. Writ for taking a moderate amerce- 
 ment. A writ, founded on Magna Charta 
 (c. 14), which lay for one who was exces- 
 sively amerced in a court not of record, di- 
 rected to the lord of the court, or his bailiff, 
 commanding him to take a moderate amerce- 
 ment of the party. Reg. Orig. 86b; Fitzh. 
 Nat. Brev. 75, 76. 
 
 DE MODO DECIMANDI (Lat. of a manner 
 of taking tithes) . A prescriptive manner of 
 taking tithes, different from the general law 
 of taking tithes in kind. It is usually by a 
 compensation either in work or labor, and 
 is generally called a modus. 1 Keb. 162; 1 
 RoUe, Abr. 649; 1 Lev. 179; Cro. Eliz. 446; 
 Salk. 657; 2 P. Wms. 462; 2 Russ. & M. 
 102; 4 Younge & C. 269, 283; 12 East, 35; 
 2 Sharswood, Bl. Comm. 29 et seq. ; 3 Steph. 
 Comm. 130. 
 
 DE MOLENDINO DE NOVO ERECTO 
 
 non jacet prohibitio. A proMbition lies not 
 against a new-erected mill. Cro. Jac. 429. 
 
 DE MORTE HOMINIS NULLA EST 
 cunctatio longa. When the death of a hu- 
 man being may be concerned, no delay is 
 long. Co. Litt. 134. When the question is 
 concerning the life or death of a man, no 
 delay is too long to admit of inquiring into 
 facts. 
 
 DE NATIVO HABENDO (Law Lat; Law 
 Fr. brief e de naife) . Writ for having one's 
 villein. A writ which lay for a lord whose 
 villein had fled from him (fugitivo), di- 
 rected to the sheriff, commanding him to 
 apprehend the villein, and restore him, with 
 all his chattels, to the lord. Reg. Orig. 87; 
 Fitzh. Nat. Brev. 77; Roscoe, Real Actions, 
 34. 
 
 DE NOMINE PROPRIO NON EST CU- 
 randum cum in substantia non erretur; quia 
 nomina mutabilla sunt, res autem immobiles. 
 As to the proper name, it is not to be re- 
 garded when one errs not in substance; be- 
 cause names are changeable, but things are 
 immutable. 6 Coke, 66. 
 
 DE NON APPARENTIBUS ET NON EX- 
 istentibus eadem est lex. The law is the 
 same respecting things which do not ap- 
 pear and those which do not exist. 6 Ired. 
 (N. C.) 61; 12 How. (U. S.) 253; 5 Coke, 
 6; 6 Bing. N. C. 453; 7 Clark & P. 872; 5 C. 
 B. 53; 8 C. B. 286; 1 Term R. 404; Broom, 
 Leg. Max. (3d London Ed.) 150. 
 
 DE NON DECIMANDO (Lat. of not taking 
 tithes) . An exemption by custom from pay- 
 
 ing tithes is said to be a prescription de 
 non decimando. A claim to be entirely dis- 
 charged of the payment of tithes, and to 
 pay no compensation in lieu of them. Cro. 
 Eliz. 511; 3 Sharswood, Bl. Comm. 31. 
 
 DE NON PROCEDENDO AD ASSISAM. 
 
 Writ for not proceeding to take an issue. A 
 writ, directed to the justices assigned to hold 
 assizes, commanding them not to proceed to 
 take an assize in a particular case. Reg. 
 Orig. 221, 
 
 DE NON RESIOENTIA CLERICI REGIS. 
 
 An ancient writ where a parson was em- 
 f)loyed in the royal service, etc., to excuse 
 and discharge him of nonresidence. 2 Inst. 
 264. 
 
 DE NON SANE MEMORIE (Law Fr.) Of 
 unsound memory or mind ; a phrase synony- 
 mous with non compos mentis. Litt. § 405; 
 Plowd. 368. Stock, Non Compos Mentis, 1. 
 
 DE NOVI OPERIS NUNCIATIONE (Lat.) 
 In civil law. A form of injunction or in- 
 terdict which lies in some cases for the 
 party aggrieved, where a thing is intended 
 to be done against his right. Thus, where 
 one builds a house contrary to the usual and 
 received form of building, to the injury of 
 his neighbor, there lies such an injunction, 
 which, being served, the offender is either 
 to desist from his work, or to put in sure- 
 ties that he shall pull it down if he does not 
 in a short time avow, i. e., show, the lawful- 
 ness thereof. Ridley, Civ. & Ecc. Law, pt. 
 1, c. 1, § 8. 
 
 DE NOVO (Lat.) Anew; afresh. When 
 a judgment upon an issue in part is re- 
 versed on error for some mistake made by 
 the court in the course of the trial, a venire 
 de novo is awarded, in order that the case 
 may again be submitted to a jury. 
 
 DE NULLO, QUO EST SUA NATURA 
 indivisible, et divisionem non patitur, nul- 
 lam partem habebit vidua, sed satisfaciat 
 ei ad valentiam. A widow shall have no 
 part from that which in its own nature is 
 indivisible, and is not susceptible of divi- 
 sion, but let the heir satisfy her with an 
 equivalent. Co. Litt. 32. 
 
 DE NULLO TENEMENTO, QUOD TENE- 
 tur ad terminum, fit homagii, fit tatnen 
 Inde fidelitatis sacramentum. In no tene- 
 ment which is held for a term of years is 
 there an avail of homage; but there is the 
 oath of fealty. Co. Litt. 67b. 
 
 DE ODIO ET ATIA (Lat. of hatred and ill 
 will)w A writ directed to the sheriff, com- 
 manding him to inquire whether a person 
 charged with murder was committed upon 
 just cause of suspicion, or merely propter 
 odium et atiatn, through hatred and ill will; 
 and if, upon the inquisition, due cause of 
 suspicion did not appear, then there issued 
 another writ for the sheriff to admit him to 
 bail. 3 Sharswood, Bl. Comm. 128. 
 
DE OFFICE 
 
 281 
 
 DE PRAEROGATIVA REGIS 
 
 DE OFFICE (Law Fr.) Of office; in vir- 
 tue of office; officially; in the discharge of 
 ordinary duty. Le court d'office est term, 
 the court is bound in virtue of its office. Y. 
 B. H. 4 Hen. VI. 16. 
 
 The phrase corresponds to the Latin vir- 
 tute officii. 
 
 DE ONERANDO PRO RATA PORTIONE. 
 Writ for charging according to a ratable 
 proportion. A writ which lay for a joint 
 tenant, or tenant in common, who was dis- 
 trained for more rent than his proportion 
 of the land came to. Reg. Orig. 182 ; Pitzh. 
 Nat. Brev. 234 (H). 
 
 DE PACE ET LEGALITATE TUENDA 
 (Law Lat.) For keeping the peace, and for 
 good behavior. Tradat fidejussores de pace 
 et legalitate tuenda, he shall deliver or find 
 sureties for keeping the peace and good be- 
 havior. LL. Edw. Conf. c. 18; 4 Bl. Comm. 
 252, 254; Spelman, voc. "Legalitas." 
 
 DE PACE ET PLAGIS. Of peace (breach 
 of peace) , and wounds. One of the kinds of 
 criminal appeal formerly in use in England, 
 and which lay in cases of assault, wound- 
 ing, and breach of the peace. Bracton, fol. 
 144; 2 Reeve, Hist. Eng. Law, 33, 
 
 DE PACE ET ROBERIA. Of peace 
 (breach of peace) and robbery. One of 
 the kinds of criminal appeal formerly in 
 use in England, and which lay in cases of 
 robbery and breach of the peace. Bracton, 
 fol. 146; 2 Reeve, Hist. Eng. Law, 37. 
 
 DE PALABRA (Spanish). By word; by 
 parol. White, New Recop. bk. 2, tit. 19, c. 
 3, §2. 
 
 DE PARCO FRACTO (Lat. of pound 
 breach). A writ which lay where cattle 
 taken in distress were rescued by their 
 owner after being actually impounded. 
 Fitzh. Nat. Brev. 100; 3 Bl. Comm. 146; 
 Reg. Orig. 116b; Co. Litt. 47b. 
 
 DE PARTITION E FACIENDA (Lat. for 
 making partition). The ancient writ for 
 the partition of lands held by tenants in 
 common. 
 
 DE PERAMBULATIONE FACIENDA 
 (Lat. for making a perambulation) . A writ 
 which lay where there was a dispute as to 
 the boundaries of two adjacent lordships or 
 towns, directed to the sheriff, commanding 
 him to take with him twelve discreet and 
 lawful knights of his county, and make the 
 perambulation, and set the bounds and lim- 
 its in certainty. Fitzh. Nat. Brev. 
 
 DE PIGNORE SURREPTO FURTI, AC- 
 
 tlo. In civil law. An action to recover a 
 pledge stolen. Inst. 4. 1. 14. 
 
 DE PIPA VINI CARIANDA. A writ of 
 trespass for carrying a pipe of wine so care- 
 lessly that it was stove, and the contents 
 lost. Reg. Orig. 110. Alluded to by Sir Wil- 
 liam Jones in his remarks on the case of 
 
 Coggs V. Barnard, 2 Ld. Raym. 909. Jones, 
 Bailm. 59, 
 
 DE PLACITO (Law Lat. of a plea; of or 
 in an action). Formal words used in dec- 
 larations and other proceedings, as descrip- 
 tive of the particular action brought. De 
 pladto debiti, of a plea of debt; de placito 
 conventionis fractae, of a plea of breach of 
 covenant; de placito transgreasionis, of a 
 plea of trespass; de placito transgresaionis 
 super casum, of a plea of trespass on the 
 case. Towns. PI. 162-165. See the older 
 forms in Fleta, lib. 2, c. 65, § 12. See 
 "Placitum," 
 
 DE PLAGIS ET MAHEMIO. Of wounds 
 and mayhem. The name of a criminal ap- 
 peal formerly in use in England in cases 
 of wounding and maiming. Bracton, fol. 
 144b; 2 Reeve, Hist. Eng. Law, 34, See 
 "Appeal." 
 
 DE PLANO (Lat.) 
 
 In Civil Law. Without form; In a 
 
 summary manner. The praetor was said to 
 administer justice in this way {de piano cog- 
 noscere) when he did so standing on the 
 ground, or on the same level with the suit- 
 ors, instead of occupying a tribunal (pro 
 tribunali) elevated seat, or "bench," as it 
 was termed in the English law. See "Bench." 
 The French de plain is derived from this. 
 
 In Common Law. Clearly; manifestly. 
 
 The phrase is used in this classical sense in 
 the statute De Bigamis (4 Edw. I.). 
 
 By covin or collusion. St. Westminster II. 
 c, 4. This did not mean by default. Id.; 2 
 Inst. 349. See 2 Reeve, Hist. Eng. Law, 191; 
 4 Reeve, Hist. Eng. Law, 23. 34. 36. 
 
 In Scotch Practice, Forthwith. 2 All- 
 son, Prac. 650. 
 
 DE PLEGIIS ACQUIETANDIS (Lat. for 
 clearing pledges) . A writ which lay where 
 one had become surety for another to pay 
 a sum of money at a specified day, and the 
 principal failed to pay it. If the surety was 
 obliged to pay, he was entitled to this writ 
 against his principal. Fitzh. Nat. Brev. 
 37 (C); 3 Reeve, Hist. Eng. Law, 65. 
 
 DE PONENDO SIGILLUM AD EXCEP- 
 tionem; Writ for putting a seal to an ex- 
 ception. A writ by which justices were 
 formerly commanded to put their seals to 
 exceptions taken by a party in a suit. Reg, 
 Orig. 182. 
 
 DE POST DISSEISINA. Writ of post dis- 
 seisin. A writ which lay for him who, hav- 
 ing recovered lands or tenements by prae- 
 cipe quod reddat, on default, or reddition, 
 was again disseised by the former disseisor, 
 Reg. Orig. 208; Fitzh. Nat. Brev. 190. 
 
 DE PRAEROGATIVA REGIS (Law Lat. 
 of the king's prerogative) . The title of St. 
 17 Edw. II. St. 1, defining the prerogatives 
 of the crown on certain subjects, partly of 
 a feudal and partly of a polilical or general 
 nature. Crabb, Hist. Eng. Law, '204 et seq.; 
 
DE PRAESENTI 
 
 282 
 
 DE SCACCARIO 
 
 Barr. Obs. St. 202; Hale, Hist. Com. Law, 
 c. 8. 
 
 DE PRAESENTI. Of the present; in the 
 present tense. See "Per Verba de Praesen- 
 ti." 
 
 DE PROPRIETATE PROBANDA (Lat. 
 for proving property). A writ which is- 
 sues in a case of replevin, when the 
 defendant claims property in the. chattels 
 replevied, and the sheriff makes a return 
 accordingly. The writ directs the sheriff to 
 summon an inquest to determine on the 
 validity of the claim; and, if they find for 
 the defendant, the sheriff merely returns 
 their finding. The plaintiff is not concluded 
 by such finding. He may come into the 
 court above and traverse it. Hammond, N. 
 P. 456. 
 
 DE QUIBUS SUR DISSEISIN. An an- 
 cient writ of entry. 
 
 DE QUO, or DE QUIBUS. Of which. 
 Formal words in the simple writ of entry, 
 from which it was called a writ of entry "in 
 the quo," or "in the quibus." 3 Reeve, Hist. 
 Eng. Law, 33. 
 
 DE QUOTA LITIS (Lat.) In civil law. A 
 contract by which one who has a claim dif- 
 ficult to recover agrees with another to give 
 a part, for the purpose of obtaining his serv- 
 ices to recover the rest. 1 Duv. note 201. 
 See "Champerty." 
 
 DE RAPTU VIRGINUM. Of the ravish- 
 ment of maids. The name of an appeal for- 
 merly in use in England in cases of rape. 
 Bracton, fol. 147; 2 Reeve, Hist. Eng. Law, 
 38. 
 
 DE RATIONABlLl PARTE BONORUM 
 (Lat. of a reasonable part of the goods). A 
 vrrit to enable the widow and children of a 
 decedent to recover their proper shares of 
 the inheritance. 2 Bl. Comm. 492. The 
 writ is said to be founded on the customs of 
 the counties, and not on the common-law al- 
 lowance. Fitzh. Nat. Brev. 122 (L). 
 
 DE RATIONALIBUS DIVISIS (Lat. for 
 reasonable boundaries). A writ which lies 
 to determine the boundaries between the 
 lands of two proprietors, which lie in dif- 
 ferent towns. The writ is to be brought by 
 one against the other. Fitzh. Nat. Brev. 
 128 (M) ; 3 Reeve, Hist. Eng. Law, 48. 
 
 DE REBUS. Of things. The title of the 
 third part of the Digests or Pandects, com- 
 prising the twelfth, thirteenth, fourteenth, 
 fifteenth, sixteenth, seventeenth, eighteenth, 
 and nineteenth bdoks. 
 
 DE REBUS DUBIIS. Of doubtful things 
 or matters. Dig. 34. 6. 
 
 DE RECORDO ET PROCESSU MITTEN- 
 dis. Writ to send the record and process 
 of a cause to a superior court; a species of 
 writ of error. Reg. Orig. 209. 
 
 DE RECTO. Writ of right. Reg. Orig. 1, 
 2; Bracton, fol. 327b. 
 
 DE RECTO DE ADVOCATIONE (Lat. of 
 right of advowson; called, also, de droit de 
 advocatione) . A writ which lay to restore 
 the right of presentation to a benefice, for 
 him who had an advowson, to himself and 
 heirs in fee simple, if he was disturbed in ' 
 the presentation. Y. B. 39 Hen. VI. 20a; 
 Fitzh. Nat. Brev. 30 (B). 
 
 DE RECTO DE RATIONABlLl PARTE. 
 
 Writ of right of reasonable part. A writ 
 which lay between privies in blood, as be- 
 tween brothers in gavelkind, or between sis- 
 ters or other coparceners for lands in fee 
 simple, where one was deprived of his or her 
 share by another. Reg. Orig. 3b; Fitzh. 
 Nat. Brev. 9 (B). Abolished by St. 3 & 4 
 Wm. IV. c. 27. 
 
 DE RECTO PATENS. Writ of right pat- 
 ent. Reg. Orig. 1. 
 
 DE REDISSEISINA. Writ of redlsseisin. 
 A writ which lay where a man recovered, 
 by assize of novel disseisin, land, rent, or 
 common, and the like, and was put in pos- 
 session thereof by verdict, and afterwards 
 was disseised of the same land, rent, or com- 
 mon by him by whom he was disseised be- 
 fore. Reg. Orig. 206b; Fitzh. Nat. Brev. 
 188 (B). 
 
 DE REPARATIONS FACIENDA (Lat.) 
 The name of a writ which lies by one ten- 
 ant in common against the other, to cause 
 him to aid in repairing the common prop- 
 erty. 8 Barn. & C. 269. 
 
 DE RESCUSSU. Writ of rescue. A writ 
 which lay where cattle distrained, or per- 
 sons arrested, were rescued from those tak- 
 ing them. Reg. Orig! 117, 118; Fitzh. Nat. 
 Brev. 101 (C), (G). 
 
 DE RETORNO HABENDO (Lat.) The 
 name of a writ issued after a judgment has 
 iDeen given in replevin that the defendant 
 should have a return of the goods replevied. 
 See 3 Bouv. Inst, note 3376. 
 
 DE RIEN CULPABLE (Law Fr.) Guilty 
 of nothing; not guilty. Y. B. H. 7 Edw. H. 
 224; Keilw. 3b. 
 
 DE SA VIE (Law Fr.) Of his or her life; 
 of his own life; as distinguished from pwr 
 autre vie, for another's life Litt. §§ 35, Sb; 
 Crabb, Hist. Eng. Law, 383. 
 
 DE SALVA GUARDIA (Lat. of safe- 
 guard). A writ to protect the persons of 
 strangers seeking their rights m Engnsn 
 courts. Reg. Orig. 26. 
 
 DE SALVO CONDUCTU. A writ of safe- 
 conduct. Reg. Orig. 25b, 26. 
 
 DE SCACCARIO. Of or concerning the 
 exchequer. The title of a statute passed in 
 the fifty-first year of Henry III. 2 Reeve, 
 Hist. Eng. Law, 61. 
 
DE SCUTAGIO HABENDO 
 
 283 
 
 DE VERBO IN VERBUM 
 
 DE SCUTAQIO HABENDO (Lat. of hav- 
 ing Bcutage). A writ which lay in case a 
 man held lands of the king by knight's serv- 
 ice, to which homage, fealty, and escuage 
 were appendant, to recover the services or 
 fee due in case the knight failed to accom- 
 pany the king to the war. It lay also for 
 the tenant in cwpite, who had paid his fee, 
 against his tenants. Fitzh. Nat. Brev. 83 
 (C). 
 
 DE SE BENE GERENDO. For behaving 
 himself well; for his good behavior. Yelv. 
 90, 154. 
 
 DE SECTA AD MOLENDINUM (Lat. of 
 suit to a mill). A writ which lies to com- 
 pel one to continue his custom of grinding 
 at a mill. 3 Bl. Comm. 235; Fitzh. Nat. 
 Brev. 122 (M) ; 3 Reeve, Hist. Eng. Law, 
 55. 
 
 DE SIMILIBUS AD SIMILIA EADEM 
 ratione procedendum est. From similars to 
 similars we are to proceed by the same rule. 
 Branch, Princ. 
 
 DE SIMILIBUS IDEM EST JUDICIUM. 
 
 Concerning similars the judgment is the 
 same. 7 Coke, 18. 
 
 DE SON TORT (Fr.) Of his own wrong. 
 This term is usually applied to a person 
 who, having no right to meddle^ with the 
 affairs or estate of a deceased person, yet 
 undertakes to do so by acting as executor of 
 the deceased. See "Executor." 
 
 DE STATUTO MERCATORIO (Law Lat.) 
 Writ of statute merchant. A writ which lay 
 for imprisoning him who had forfeited a 
 statute-merchant bond until the debt was 
 satisfied. Reg. Orig. 146b. There are sev- 
 eral writs under this head. Id. 148; Reg, 
 Jud. 8. See "Statute Merchant." 
 
 DE STATUTO STAPULAE (Law Lat.) 
 Writ of statute staple. A writ that lay to 
 take the body to prison, and seize upon the 
 lands and goods of one who had forfeited 
 the bond called "statute staple." Reg. Orig. 
 151. See "Statute Staple." 
 
 DE SUPERONERATIONE PASTURAE 
 (Lat. of surcharge of pasture) . A writ ly- 
 ing where one who. had been previously 
 impleaded in the county court was again im- 
 pleaded in the same court for surcharging 
 common of pasture, and the cause was re- 
 moved to Westminster Hall. Reg. Jur. 36b. 
 
 DE TABULIS EXHIBENDIS. Ot showing 
 the tablets of a will. Dig. 43. 5. 
 
 DE TALLAGIO NON CONCEDENDO 
 (Lat. of not allowing talliage). The name 
 given to St. 34 Edw. I., restricting the power 
 of the king to grant talliage. Coke, 2d Inst. 
 532; 2 Reeve, Hist. Eng. Law, 104. • 
 
 DE TEMPORE CUJUS CONTRARIUM 
 memorla homlnum non existat (Law Lat.) 
 From time whereof the memory of man does 
 not exist to the contrary. Litt. § 170. 
 
 DE TEMPORE IN TEMPUS, ET AD OM- 
 nia tempora. From time to time, and at all 
 times. Towns, PL 17. 
 
 DE TEMPS DONT MEMORIE NE COURT 
 (Law Fr.) From time whereof memory 
 runneth not; time out of memory- of man. 
 Litt. §§ 143, 145, 170; Dyer, 70. 
 
 DE TESTAMENTIS. Of testaments. The 
 title of the fifth part of the Digests or Pan- 
 dects; comprising the twenty-eighth to the 
 thirty-sixth books, both inclusive. 
 
 DE THEOLONIO. A writ which lay for a 
 person who was prevented from taking toll. 
 Reg. Orig. 103. 
 
 DE TRANSGRESSIONE. A writ of tres- 
 pass. Reg. Orig. 92. 
 
 DE TRANSGRESSIONE, AD AUDIEN- 
 dum et termlnandum. A writ or commis- 
 sion for the hearing and determining any 
 outrage or misdemeanor. 2 Reeve, Hist. 
 Eng. Law, 170. 
 
 DE UNA PARTE (Lat.) A deed de una 
 parte is one where only one party grants, 
 gives, or binds himself to do a thing to 
 another. It differs from a deed inter partes 
 (q. V.) 2 Bouv. Inst, note 2001. 
 
 DE UXORE RAPTA ET ABDUCTA (Lat. 
 of a wife ravished and carried away). A 
 kind of writ of trespass. Fitzh. Nat. Brev. 
 89 (O) ; 3 Sharswood, Bl. Comm. 139. 
 
 DE VASTO. Writ of waste. A writ which 
 might be brought by him who had the im- 
 mediate estate of inheritance in reversion 
 or remainder, against the tenant for life, in 
 dower, by curtesy, or for years, where the 
 latter had coramilited waste in lands; call- 
 ing upon the tenant to appear and show 
 cause why he committed waste and destruc- 
 tion in the place named, to the disinherison 
 {ad exhaeredationem) of the plaintiff. Reg. 
 Orig. 72-75; Reg. Jud. 17b; Fitzh. Nat. 
 Brev. 55 (C) ; 3 Bl. Comm. 227, 228. Abol- 
 ished by St. 3 & 4 Wm. IV. c. 27; 3 Steph. 
 Comm. 506. 
 
 DE VENTRE INSPICIENDO (Lat. of in- 
 specting the belly). A writ to inspect the 
 body, where a woman feigns to be pregnant, 
 to see whether she is with child. It lies for 
 the heir presumptive to examine a widow 
 suspected to be feigning pregnancy in order 
 to enable a supposititious heir to obtain the 
 estate. 1 Bl. Comm. 456; 2 Steph. Comm. 
 308; Cro. Eliz. 556; Cro. Jac. 685; 2 P. 
 Wms. 593; 21 Viner, Abr. 547. 
 
 It lay also where a woman sentenced to 
 death pleaded pregnancy. 4 Bl. Comm. 495. 
 This writ has been recognized in America. 
 2 Chand. Am. Crim. Tr. 381. 
 
 DE VERBO IN VERBUM. Word for word. 
 Bracton, fol. 138b. Literally, from word to 
 word. Fleta uses de verba ad verbum. Lib. 
 1, c. 21, I 3. 
 
DE VERBORUM SIGNIFICATIONE 
 
 284 
 
 DEAPPOREST 
 
 DE VERBORUM SIGNIFICATIONE. Of 
 
 the signification of words. An important 
 title of the Digests or Pandects (Dig. 50. 
 16), consisting entirely of definitions of 
 words and phrases used in the Roman law, 
 compiled from the writings of the best jur- 
 ists, such as Ulpian, Paulus, Pomponius, 
 Gaius, Scaevola, Javolenus, Celsus, Alfenus, 
 Flarentinus, Callistratus, and others. 
 
 DE VI LAICA AMOVENDA. Writ of (or 
 for) removing lay force. A writ which lay 
 where two parsons contended for a church, 
 and one of them entered into it with a great 
 number of laymen, and held out the other 
 vi et armis; then he that was holden out 
 had this writ directed to the sheriff, that he 
 remove the force. Reg. Orig. 59; Fitzh. 
 Nat. Brev. 54 (D). 
 
 DE VICINETO (Lat. from the neighbor- 
 hood) . The sheriff was anciently directed 
 in some cases to summon a jury de vicineto. 
 3 Bl. Comm. 360. 
 
 DE WARRANTIA CHARTAE (Lat. of 
 warranty of charter) . This writ lieth prop- 
 erly where a man doth enfeoff another by 
 deed, and bindeth himself and heirs to war- 
 ranty. Now, if the defendant be impleaded 
 in an assize, or in a writ of entry in the 
 nature of an assize, in which actions he 
 cannot vouch, then he shall have the writ 
 against the feoffor or his heirs who made 
 such warranty. Fitzh. Nat. Brev. 134 (D) ; 
 Cowell; Termes de la Ley; Blount; 3 Reeve, 
 Hist. Eng. Law, 55. 
 
 DE WARRANTIA DIEI. A writ which lay 
 for a party in the service of the king who 
 was required to appear in person on a cer- 
 tain day, commanding the justices not to 
 record his default, the king certifying to the 
 fact of such service. Fitzh. Nat. Brev. 36. 
 
 DEACON. In ecclesiastical law. A minis- 
 ter or servant in the church, whose office in 
 some churches is to assist the priest in di- 
 vine service, and in the distribution of the 
 sacrament. 
 
 DEAD BODY. A corpse. 
 
 DEAD BORN. A dead-born child is to be 
 considered as if it had never been conceived 
 or born; in other words, it is presumed it 
 never had life, it being a maxim of the com- 
 mon law that mortuus exitus non est exitus. 
 Co. Litt. 29b. See 2 Paige, Ch. (N. Y.) 35; 
 Domat, liv. prel. tit. 2, § 1, notes 4, 6 ; 4 Ves. 
 334. 
 
 This is also the doctrine of the civil law. 
 Dig. 50. 16. 120. Non nasci, et natum mori, 
 pari sunt, not to be born, and to be born 
 dead, are equivalent. Mortuus exitus non 
 est exitus, a dead birth is no birth. Civ. 
 Code La. art. 28. 
 
 DEAD FREIGHT. The amount paid by a 
 charterer for that part of the vessel's capa- 
 city 'which he does not occupy, although he 
 has contracted for it. 
 
 When the charterer of a vessel has 
 shipped part of the goods on board, and is 
 not ready to ship the remainder, the master, 
 unless restrained by his special contract, 
 may take other goods on board, and the 
 amount which is not supplied, required to 
 complete the cargo, is considered dead 
 freight. The dead freight is to be calculated 
 according to the actual capacity of the ves- 
 sel. 3 Chit. Com. Law, 399; 2 Starkie, 
 450. 
 
 DEAD LETTERS. Letters transmitted 
 through the mails according to direction, 
 and remaining for a specified time uncalled 
 for by the persons addressed, are called 
 "dead letters." 
 
 DEAD MAN'S PART. That portion of the 
 personal estate of a person deceased which, 
 by the custom of London, became the ad- 
 ministrator's. 
 
 If the decedent left wife and children, 
 this was one-third of the residue after de- 
 ducting the widow's chamber. If only a 
 widow, or only children, it was one-half. 1 
 P. Wms. 341 ; Salk. 246. If neither widow 
 nor children, it was the whole. 2 Show, 175. 
 This provision was repealed by St. 1 Jac. 
 II. c. 17, and the same made subject to the 
 statute of distributions. 2 Sharswood, Bl. 
 Comm. 5. 8. 
 
 DEAD PLEDGE. A mortgage. 
 
 DEAD RENT. A rent payable on a min- 
 ing lease in addition to a royalty. So called 
 because it is payable, although the mine 
 may not be worked. Wharton. 
 
 DEAD USE. A future use. 
 
 DEADHEAD. A term applied to persons 
 other than the officers or employes of a rail- 
 road company who are permitted by the rail- 
 road to travel without payment of fare. 
 Phil. Law (61 N. C.) 22. 
 
 DEADLY FEUD (Lat. faida mortalis, or 
 mortifera). A profession of irreconcilable 
 hatred against an enemy, until revenge were 
 obtained even by his death. This was al- 
 lowed by the ancient Saxon laws, where a 
 man had been killed, and no pecuniary sat- 
 isfaction had been made to his kindred. 
 Spelman, voc. "Faida." The term was also 
 applied to the predatory warfare carried on 
 in the northern borders of England. St. 43 
 Eliz. c. 13; 4 Bl. Comm. 244. See "Faida." 
 
 DEADLY WEAPON. A dangerous weap- 
 on (g. V.) 
 
 DEAD'S PART. In Scotch law. The part 
 remaining over beyond the shares secured to 
 the widow and children by law. Of this the 
 testator had the unqualified disposal. Stair, 
 Inst. lib. iii. tit. 4, § 24; Bell, Diet.; Pater- 
 son, Comp. §§ 674, 848, 902. 
 
 DEAFFOREST. In old English law. To 
 discharge from being forest; to free from 
 forest laws. 
 
DEALER 
 
 285 
 
 DEBENTURE STOCK 
 
 DEALER. One who buys to sell again. 
 27 Pa. St. 495. 
 
 DEALINGS. Transactions in the course 
 of business. Two sales of goods by one to 
 a firm constitute "dealings" with it, so as 
 to entitle one to notice of dissolution. 2 
 Barb. (N. Y.) 549. 
 
 DEAN. In ecclesiastical law. An eccle- 
 siastical offlcer, who derives his name from 
 the fact that he presides over ten canons, 
 or prebendaries, at least. 
 
 There are several kinds of deans, namely, 
 deans of chapters; deans of peculiars; 
 rural deans ; deans in the colleges ; honorary 
 deans; deans of provinces. 
 
 DEAN AND CHAPTER. In ecclesiastical 
 law. The council of a bishop, to assist him 
 with their advice in the religious and also 
 in the temporal affairs of the see. 3 Coke, 
 75; 1 Bl. Comm. 382; Co. Litt. 103, 300; 
 Termes de la Ley; 2 Burn, Ecc. Law, 120. 
 
 DEAN OF THE ARCHES. The presiding 
 judge of the court of arches. He is also an 
 assistant judge in the court of admiralty. 1 
 Kent, Comm. 371; 3 Steph. Comm. 727. 
 
 DEATH. The cessation of life; the ceas- 
 ing to exist. 
 
 Civil death is the state of a person who, 
 though possessing natural life, has lost all 
 his civil rights, and as to them is consid- 
 ered as dead. 
 
 A person convicted and attainted of fel- 
 ony, and sentenced to the state prison for 
 life,- is, in the state of New York, in conse- 
 quence of the act of March 29, 1799, and by 
 virtue of the conviction and sentence of im- 
 prisonment for life, to be considered as civil- 
 ly dead. 6 Johns. Ch. (N. Y.) 118; 4 Johns. 
 Ch. (N. Y.) 228, 260; Laws N. Y. Sess. 
 24, c. 49, §§ 29, 30, 31. This is also true in 
 a number of other states. And a similar 
 doctrine anciently prevailed in other cases 
 at common law in England. See Co. Litt. 
 133; 1 Sharswood, Bl. Comm. 132, note. 
 
 Natural death is the cessation of life. It 
 is also used to denote a death which occurs 
 by the unassisted operation of natural 
 causes, as distinguished from a violent 
 death, or one caused or accelerated by the 
 interference of human agency. 
 
 DEATH BY ACCIDENT. Death from any 
 unexpected event which happens as by 
 chance, or which does not take place accord- 
 ing to the usual course of things. 186 111. 
 App. 503. 
 
 DEATH WITHOUT ISSUE. Where a 
 will devised a particular estate preceding 
 a gift over, the expression "death without 
 issue" means death before the death of the 
 life tenant, unless the will shows an inten- 
 tion to refer to a later date than the termi- 
 nation of the life estate. 266 111. 16. 
 
 DEATH-BED DEED. A deed made by one 
 who was at the time sick of a disease from 
 which he afterwards died. Bell, Diet. 
 
 DEATH'S PART. See "Dead's Part"; 
 "Dead Man's Part." 
 
 DEATHSMAN. The executioner; hang- 
 man; he who executes the extreme penalty 
 of the law. 
 
 DEBATUM. (Law Lat. from Fr. debatre). 
 In old European law. A dispute or contro- 
 versy. Spelman. 
 
 DEBAUCH. To entice or lead away. In 
 modern usage it implies carnal knowledge. 
 97 Mo. 668. It has been held synonymous 
 vnth "seduce." 8 Abb. Pr. (N. Y.) 384, 389. 
 In early use it signified merely to draw 
 away from duty, being derived from French 
 de (from) and bauche (shop). 
 
 DEBENTURE (Lat. debentur, they [mon- 
 eys] are due). "The word with which cer- 
 tain obsolete bonds given by the exchequer 
 began. Blount. 
 
 In English Law. An instrument is- 
 sued by a company or public body as se- 
 curity for a loan of money. It contains, 
 either expressly or impliedly, a promise to 
 pay the amount mentioned in it, and almost 
 invariably creates a charge on the whole 
 or part of the property of the company or 
 public body. A debenture generally forms 
 part of a series or issue of similar instru- 
 ments, with a provision that they shall all 
 rank pari passu in proportion to their 
 amounts. As to debentures generally, see 
 Cav. § 267 et seq. 
 
 In American Law. A custom-house 
 
 certificate given by the collector of the port 
 to the exporter or importer of goods, en- 
 titling him, under certain circumstances, to 
 a drawback of duties paid on exported or 
 imported goods. See "Drawback." 
 
 In corporation law the term is applied to 
 obligations of corporations, in some in- 
 stances where secured by specific assets, in 
 others, where not so secured. Fletcher Cyc. 
 Corp. § 963. 
 
 DEBENTURE STOCK. A stock or fund 
 representing money borrowed by a company 
 or public body, in England, and charged on 
 the whole or part of its property. It dif- 
 fers from debentures chiefly in these re- 
 spects: The title of each original holder 
 appears in a register, instead of being rep- 
 resented by an instrument complete in 
 itself; and the stock is capable of being 
 transferred in any amounts, unless the reg- 
 ulations of the company, etc., forbid the 
 transfer of amounts or fractions less than 
 £ 10, or the like. Provision is sometimes 
 made for issuing to each holder a certificate 
 representing the amount of his stock, 
 transferable by delivery, so as to entitle the 
 bearer for the time being to the stock in 
 question. Such certificates generally have 
 coupons for interest attached to them, and, 
 while they are outstanding, the stock 
 ceases to be transferable on the register. 
 Perpetual debenture stock is stock which 
 cannot be paid off. The principal statutes 
 
DEBET ESSE TINIS 
 
 286 
 
 DEBT 
 
 relating to debenture stock are the com- 
 pany clauses acts of 1845 and 1863, the 
 commissioners clauses act of 1847, and the 
 local loans act of 1875. Debenture stock 
 issued under these acts is not within the 
 mortmain or charitable uses act. 9 Ch. Div, 
 337. 
 
 DEBET ESSE FINIS LITIUM. There 
 ought to be an end of lawsuits. Jenk. Cent. 
 Cas. 61. 
 
 DEBET ET DETINET (Lat. he owes and 
 withholds). In pleading. An action of 
 debt is said to be in the debet et detinet 
 when it is alleged that the defendant owes 
 and unjustly withholds or detains the debt 
 or thing in question. 
 
 The action is so brought between the con- 
 tracting parties. See "Detinet." 
 
 DEBET ET SOLET (Lat. he owes and is 
 used to). Where a man sues in a writ of 
 right;, or to recover any right of which he is 
 for the first time disseised, as of a suit 
 at a mill, or in case of a writ of quod per- 
 Tnittat, he brings his writ in the debet et 
 solet. Reg. Orig. 144a; Termes de la Ley; 
 Fitzh. Nat. Brev. 122 (M). 
 
 DEBET QUIS JURI SUBJACERE UBI 
 delinquit. Every one ought to be subject to 
 the law of the place where he offends. 3 
 Inst. 34; Bracton, fol. 154b; Finch, Law, 14, 
 36; Wingate, Max. 113, 114; 3 Coke, 231; 8 
 Scott, N. E. 567. 
 
 DEBET SUA CUIQUE DOMUS ESSE 
 perfugium tutissimum. Every man's house 
 should be a perfectly safe refuge. 12 Johns. 
 (N. Y.) 31, 54. 
 
 DEBILE FUNDAMENTUM, FALLIT 
 opus. Where there is a weak foundation, 
 the work falls. 2 Bouv. Inst, note 2068; 
 Broom, Leg. Max. (3d London Ed.) 169, 171. 
 
 DEBITA FUNDI (Lat.) In Scotch law. 
 Debts secured on land. Bell, Diet. 
 
 DEBITA LAICORUM (Lat.) Debts of the 
 laity; those which may be recovered in civil 
 courts. 
 
 DEBITA SEQUUNTUR PERSONAM 
 
 debltorls. Debts follow the person of 
 the debtor. Story, Confl. Laws, § 362; 2 
 Kent, Comm. 429; Halk. Max. 13. 
 
 DEBITOR NON PRAESUMITUR DO- 
 nare. A debtor Is not presumed to make a 
 gift. See 1 Karnes, Eq. 212; Dig. 50. 16. 
 108; 1 P. Wms. 239. 
 
 DEBITORUM PACTIONIBUS, CREDI- 
 torum petitio nee toll!, nee minul potest. 
 The right to sue of creditors cannot be taken 
 away or lessened by the contracts of their 
 debtors. Poth. Obi. 87, 108; Broom, Leg. 
 Max. (3d London Ed.) 622. 
 
 DEBITRIX. A female debtor. 
 
 DEBITUM ET CONTRACTUS StJNT 
 nullius loci. Debt and contract are of no 
 particular place. 7 Coke, 61; 7 Man. & G. 
 1019, note; 1 Smith, Lead. Cas. (4th Am 
 Ed.) 528, note. 
 
 DEBITUM IN PRESENTI, SOLVENDUM 
 In future. A present debt, to be discharged 
 in the future. 2 Barb. (N. Y.) 457, 470- 
 16 Barb. (N. Y.) 171, 176; 19 Barb. (N. Y.) 
 
 442, 445. 
 
 DEBITUM SINE BREVI (Law Lat.) In 
 old practice. Debt without writ. An ac- 
 tion begun by original bill, instead of by 
 writ. 
 
 DEBRUSER. (Law Fr.) To break In 
 pieces. 
 
 To break down, as a hedge. Ses haiea de- 
 bruseront. Y«arb. T. 1 Edw. II. 8. 
 
 Ceux queux ount debruse la pn80M;-those 
 who have broken the prison. Stat. Westm. 
 1, c. 15. Britt. c. 11. 
 
 DEBT. Any sum of money due under con- 
 tract, express or implied. 20 Cal. 351. 
 
 Blackstone restricts the term to money 
 due on express contract (3 Bl. Comm. 154), 
 but it has been thought that he used the 
 word "express" not so much in contradis- 
 tinction to implied contracts, as to liabili- 
 ties arising outside of contract. 2 Mo. Apt). 
 94. ^ 
 
 The word includes not only debts of record 
 or judgments and debts by specialty, but all 
 that is due to a man under any form of 
 promise. 3 Mete. (Mass.) 526. 
 
 In a strict sense, it is confined to sums 
 fixed by agreement, and not dependent on 
 after calculation (1 Yeates [Pa.] 70), but in 
 common use, the absolute fixing of the 
 amount is not necessary (2 Wash. C. C. 
 [U. S.I 386). 
 
 "Debt" is a much narrower word than 
 "demand." 2 Hill (N. Y.) 223. 
 
 Many qualifying terms are used with the 
 word "debt," most of which are self-explana- 
 tory. A few of the more obscure may be 
 given : 
 
 (1) Active debt is one due to a person. 
 Used in the civil law. 
 
 (2) Doubtful debt is one of which the 
 payment is uncertain. Clef des Lois Ro- 
 maines. 
 
 (3) Hypothecary debt is one which is a 
 lien upon an estate. 
 
 (4) Judgment debt is one which is evi- 
 denced by matter of record. 
 
 (5) Liquid debt is one which is immediate- 
 ly and unconditionally due. . 
 
 (6) Passive debt is one which a person 
 owes. 
 
 (7) Privileged debt is one which is to be 
 paid before ethers, in case a debtor is in- 
 solvent. 
 
 (8) Debt of record is one proved to exist 
 by the official records of a court of record, 
 as a judgment or a recognizance. 
 
 In Practice. A form of action which 
 
 lies to recover a sum certain. 2 Greenl. Ev. 
 
DEBT EX MUTUO 
 
 287 
 
 DECEMVIRI LITIBUS 
 
 § 279. It lies wherever the sum due is cer- 
 tain or ascertained in such a manner as to 
 be readily reduced to a certainty, without 
 regard to the manner in which the obliga- 
 tion was incurred or is evidenced. 3 Sneed 
 (Tenn.) 145; 1 Dutch. (N. J.) 606; 26 Miss. 
 521; 3 McLean (U. S.) 150; 2 A. K. Marsh. 
 (Ky.) 264; 1 Mason (U. S.) 243. 
 
 It is thus distinguished from "assumpsit," 
 which lies as well where the sum due is 
 uncertain as where it is certain, and from 
 "covenant," which lies only upon contracts 
 evidenced in a certain manner. 
 
 It is said to lie in the debet and detinet, 
 when it is stated that the defendant owes 
 and detains, or in the detinet, when it is 
 stated merely that he detains. Debt in the 
 detinet for goods differs from detinue, be- 
 cause it is not essential in this action, as in 
 detinue, that the specific property in the 
 goods, should have been vested in the plain- 
 tiff at the time the action is brought. Dyer, 
 24b. 
 
 It is used for the recovery of a debt eo 
 nomine and in numero, though damages, 
 which are in most instances merely nominal, 
 are usually awarded for the detention. 1 
 H. Bl. 550; Cowp. 588. 
 
 DEBT EX MUTUO. A species of debt or 
 obligation mentioned by Glanville and Brac- 
 ton, and which arose ex mutuo, out of a cer- 
 tain kind of loan. Glanv. lib. 10, c. 3; 
 Bracton, fol. 99. See "Mutuum"; "Ex 
 Mutuo." 
 
 DEBTEE. One to whom a debt Is due; a 
 creditor; as, debtee executor. 3 Bl. Comm. 
 
 DEBTOR. One who owes a debt; he who 
 may be constrained to pay what he owes. 
 
 DEBTORS' ACT 1869. St. 32 & 33 Vict. c. 
 62, relating to insolvent debtors. See L. R. 
 Ch. 152; L. R. 10 Ch. 76; 13 Ch. Div. 338; 
 Id. 815. 
 
 DEBTOR'S SUMMONS. A summons un- 
 der the seal of a court of bankruptcy in 
 England, giving notice to the person to 
 whom it is addressed (the debtor) that, un- 
 less he pays or compounds for a debt (not 
 less than £50) due by him to a person there- 
 in named (the creditor) within a certain 
 time, he will be liable to be adjudicated a 
 bankrupt, unless he disproves the debt. 
 Bankr, Act 1869, §§ 6, 7, form 4. 
 
 A trade debtor's summons is one for 
 service on a trader, and differs from a non- 
 trader debtor's summons in giving the debt- 
 or a shorter time for compliance with its 
 terms. Id. §§ 4, 5. 
 
 DECANATUS, DECANIA, or DECANA 
 (Lat.) A town or tithing, ct»sisting orig- 
 inally of ten families of freeholders. Ten 
 tithings compose a hundred. 1 Bl. Comm. 
 114. 
 
 Decunatus, a deanery, a company of ten. 
 Spelman: Calv. Lex. 
 
 Decama, or decana, the territory under 
 the charge of a dean. 
 
 DECANUS (Lat.) A dean; an officer hav- 
 ing charge of ten persons. In Constanti- 
 nople, an officer who has charge of the bur- 
 ial of the dead. Nov. Jus. 43. 59; Du Cange. 
 The term is of extensive use, being found 
 with closely related meanings in the old 
 Roman, the civil, ecclesiastical, and old 
 European law. It is used of civil and ec- 
 clesiastical, as well as military, affairs. 
 There were a variety of decani: 
 
 Decanus monasticus, the dean of a monas- 
 tery. 
 
 Decanus in majori ecelesia, dean of a 
 cathedral church. 
 
 Decanus militaris, a military captain of 
 ten soldiers. 
 
 Decanus episcopi, a dean presiding over 
 ten parishes. 
 
 Decanus frihorgi, dean of a fribourg, tith- 
 ing, or association of ten inhabitants. A 
 Saxon officer, whose duties were those of an 
 inferior judicial officer. Du Cange; Spel- 
 man; Calv. Lex. 
 
 DECEASE. As a noun, death; departure 
 from life. 
 
 As a verb, to die; to depart life, or from 
 life. This has always been a common term 
 in Scotch law. "Gif ane man deceasis." 
 Skene de Verb. Sign. 
 
 DECEASED WIFE'S SISTER BILL. A 
 proposed law seeking to legalize marriages 
 between a man and a sister of his deceased 
 wife. Many times brought before the Eng- 
 lish parliament and defeated by the bishops 
 in the house of lords. 
 
 DECEDENT. A deceased person. 
 
 The signification of the word has become 
 more extended than its strict etymological 
 meaning. Strictly taken, it denotes a dying 
 person, but is always used in the more ex- 
 tended sense given, denoting any deceased 
 person, testate or intestate. 
 
 DECEIT. A fraudulent misrepresentation 
 or contrivance, by which one man deceives 
 another, who has no means of detecting the 
 fraud, to the injury and damage of the lat- 
 ter. 
 
 It requires (1) a false representation; 
 (2) inability of the person damaged to pre- 
 vent the fraud; (3) resultant damage. 
 
 Deceit is a type of fraud (Bigelow, 
 Frauds, § 1) ; fraud being the generic term, 
 and deceit being active fraud by misrepre- 
 sentation, or other positive contrivance. 
 
 DECEM TALES (Lat. ten such). In prac- 
 tice. A writ requiring the sheriff to ap- 
 point ten like men {apponere decern tales) 
 to make up a full jury when a sufficient 
 number do not appear. 
 
 DECEMVIRI LITIBUS JUDICANDIS. Ten 
 judges (five being senators and five 
 knights), appointed by Augustus to act as 
 judges in certain cases, Calv. Lex. ; Anthon, 
 Bom. Ant. ' 
 
DECENNARIUS 
 
 288 
 
 DECLARATION 
 
 DECENNARIUS (Lat.) One who held one- 
 half a virgate of land. Du Cange. One of 
 the' ten freeholders in a decennary. Du 
 Cange; Calv. Lex. 
 
 Decennier, one of the decennarii, or ten 
 freeholders making up a tithing. Spelman; 
 Du Cange, "Decenna"; 1 Bl. Comm. 114. See 
 "Decanus." 
 
 DECENNARY (Lat. decern, ten). A dis- 
 trict originally containing ten men with 
 their families. 
 
 King Alfred, for the better preservation 
 of the peace, divided England into counties, 
 the counties into hundreds, and the hun- 
 dreds into tithings or decennaries, the in- 
 habitants whereof, living together, were 
 sureties or pledges for each other's good be- 
 havior. One of the principal men of the 
 latter number presided over the rest, and 
 was called the chief pledge, borsholder, bor- 
 row's elder, or tything man. 
 
 DECEPTIS NON DECIPIENTIBUS, JURA 
 subveniunt. The laws help persons who are 
 deceived, not those deceiving. Tray. Lat. 
 Max. 149, 
 
 DECERN. In Scotch law. To decree. 
 "Decernit and ordainit." 1 How. St. Tr. 
 927. "Decerns." Shaw, 16. 
 
 DECESSUS (Lat. from decedere, to de- 
 part) . 
 
 In the Civil Law. Decease; death. 
 
 Dig. 33. 2. 34. Rarely used. 
 
 In Old English Law. Decease; death. 
 
 Post meum deoessum, after my decease. 
 Fleta, lib. 3, c. 9, § 5; Id. c. 17, § 1. 
 
 Departure. 3 Salk. 123. See "Depart- 
 ure." 
 
 DECET TAMEN PRINCIPEM SERVARE 
 leges, quibus ipse servatus est. It be- 
 hooves, indeed, the prince to keep the laws 
 by which he himself is preserved. 
 
 DECIES TANTUM (Lat.) An obsolete 
 writ, which formerly lay against a juror 
 who had taken money for giving his ver- 
 dict. Called so because it was sued out to 
 recover from him ten times as much as he 
 took. 
 
 DECIMAE (Lat.) The tenth part of the 
 annual profit of each living, payable for- 
 merly to the pope. There were several val- 
 uations made of these livings at different 
 times. The decimae (tenths) were appro- 
 priated to the crown, and a new valuation 
 established, by 26 Hen. VIII. c. 3. 1 Shars- 
 wood, Bl. Comm. 284. 
 
 DECIMAE DE DECIMATIS SOLVI NON 
 debent. Tithes are not to be paid from that 
 which is given for tithes. 
 
 DECIMAE DE JURE DIVINO ET CA- 
 
 nonica institutione pertinent ad personam. 
 Tithes belong to the parson by divine right 
 and canonical institution. Dal. 50. 
 
 DECIMAE DEBENTUR PAROCHO. Tithes 
 are due to the parish priest. 
 
 DECIMAE NON DEBENT SOLVI, UBI 
 non est annua renovatio, et ex annuatis re- 
 novantibus simul semel. Tithes ought not . 
 to be paid where there is an annual re- 
 novation, and from annual renovations once 
 only. Cro. Jac. 42. 
 
 DECIMATION. The punishing every tenth 
 soldier by lot, for mutiny or other failure of 
 duty, was termed "decimatio legionie" by 
 the Romans. Sometimes only the twentieth 
 man was punished (vicesimatio) , or the 
 hundredth ( centesimatio ) . 
 
 Also tithing or tenth part. 
 
 DECIME. A French coin, of the value of 
 the tenth part of a franc, or nearly two 
 cents. 
 
 DECIPI QUAM FALLERE EST TUTIUS. 
 
 It is safer to be deceived than to deceive. 
 Lofift, 396. 
 
 DECISION. In practice. A judgment giv- 
 en by a competent tribunal. The French 
 lawyers call the opinions which they give on 
 questions propounded to them, decisions. See 
 Inst. 1. 2. 8; Dig. 1. 2. 2. 
 
 DECISIVE OATH. In the civil law. Where 
 one of the parties to a suit, not being able 
 to prove his charge, offered to refer the de- 
 cision of the cause to the oath of his adver- 
 sary, which the adversary was bound to ac- 
 cept, or tender the same proposal back 
 again, otherwise the whole was taken as 
 confessed by him. Code, 4. 1. 12. 
 
 DECLARANT. One who makes a declara- 
 tion. 
 
 DECLARATION. 
 
 In Pleading. A specification, in a me- 
 thodical and logical form, of the circum- 
 stances which constitute the plaintiff's cause 
 of action. 1 Chit. PI. 248; Co. Litt. 17a, 
 303a; Bac. Abr. "Pleas" (B) ; Comyn, Dig. 
 "Pleader" (C 7) ; Lawes, PL 35; Steph. PL 
 36; 6 Serg. & R. (Pa.) 28. 
 
 In real actions, it is most properly called 
 the "count" ; in a personal one, the "declara- 
 tion." Steph. PI. 36; Doctrina Plac. 83; 
 Lawes, PI. 33. See Pitzh. Nat. Brev. 16a, 
 60d. The latter, however, is now the gen- 
 eral term, being that commonly used when 
 referring to real and personal actions with- 
 out distinction. 3 Bouv. Inst, note 2815. 
 
 In an action at law, the declaration an- 
 swers to the bill in chancery, the libel (nar- 
 ratio) of the civilians, and the allegation of 
 the ecclesiastical courts. 
 
 It may be general or special. For exam- 
 ple, in debt on a bond, a declaration count- 
 ing on the penal part only is general. One 
 which sets out both the bond and the con- 
 dition, and assigns the breach, is special. 
 Gould. PI. c. 4, § 50. 
 
 In Evidence. An unsworn statement 
 
 made out of court by a party in interest. 
 
 In Scotch Law. The statement made 
 
 before the magistrate by one arrested for 
 crime. 
 
DECLARATION OF INTENTION 
 
 289 
 
 DECOY 
 
 DECLARATION OF INTENTION. The 
 act of an alien who goes before a court of 
 record, and in a formal manner declares 
 that it is bona fide his intention to become 
 a citizen of the United States, and to re- 
 nounce forever all allegiance and fidelity to 
 any foreign prince, potentate, state, or sov- 
 ereignty whereof at the time he may be a 
 citizen or subject. Act Cong. April 14, 1802, 
 
 §1. 
 
 DECLARATION OF PARIS. The name 
 given to an agreement announcing four im- 
 portant rules of international law effected 
 between the principal European powers and 
 the Congress of Paris in 1856. These rules 
 are: (1) Privateering is and remains abol- 
 ished; (2) the neutral flag covers enemy's 
 goods, except contraband of war; (3) neu- 
 tral goods, except contraband of war, are 
 not liable to confiscation under a hostile 
 flag; (4) blockades, to be binding, must be 
 eflfective. Abbott. 
 
 DECLARATION OF TRUST. The act by 
 which an individual acknowledges that a 
 property, the title of which he holds, does 
 in fact belong to another, for whose use he 
 holds the same. 
 
 The instrument in which such an acknowl- 
 edgment is made. 
 
 DECLARATION OF WAR. The public 
 proclamation of the government of a state, 
 by which it declares itself to be at war with 
 a foreign power, which is named, and which 
 forbids all and every one to aid or assist 
 the common enemy. 
 
 The power of declaring war is vested in 
 congress by the constitution (article 1, 
 § 8). There is no form or ceremony neces- 
 sary except the passage of the act. A mani- 
 festo stating the causes of the war is usual- 
 ly published; but war exists as soon as the 
 act takes effect. It was formerly usual to 
 precede hostilities by a public declaration 
 communicated to the enemy, and to send a 
 herald to demand satisfaction. Potter, Grec. 
 Ant. bk. 3, c. 7; Dig. 49. 15. 24. But that 
 is not the practice of modern times. 
 
 A state of war, known as "imperfect" or 
 "unsolemn" war, may exist without a dec- 
 laration. Grotius de Jure Belli, bk. 1, c. 3, 
 § 4. See 25 Wend. (N. Y.) 577. 
 
 DECLARATOR. In Scotch law. An ac- 
 tion whereby a party prays something to be 
 declared in his favor. Scotch Diet. 
 
 DECLARATOR OF TRUST. In ScotcSh 
 law. An action resorted to against a trus- 
 tee who holds property upon titles ex fade 
 for his own benefit. Bell, Diet. 
 
 DECLARATORY. Something which ex- 
 plains or ascertains what before was uncer- 
 tain or doubtful; as, a declaratory statute, 
 which is one passed to put an end to a doubt 
 as to what the law is, and which declares 
 what it is, and what it has been. 1 31. 
 Comm. 86. 
 
 DECLARATORY ACTION. In Scotch law. 
 An action in which the right of the pursuer 
 (or plaintiff) is craved to be declared, but 
 nothing claimed to be done by the defender 
 (defendant). Bell, Diet.; Ersk. Inst. 5. 1. 
 46. Otherwise called an "action of declara- 
 tor." 
 
 DECLARATORY JUDGMENT (or DE- 
 cree). In practice. One which declares the 
 rights of the parties, without ordering any- 
 thing to be done. 
 
 DECLARATORY PART OF A LAW. That 
 which clearly defines rights to be observed 
 and wrongs to be eschewed. 1 Bl. Comm. 
 53. 
 
 DECLINATION. In Scotch law. A pre- 
 liminary plea objecting to the jurisdiction 
 on the ground that the judge is interested in 
 the suit. 
 
 DECLINATORY PLEA. In English prac- 
 tice. The plea of sanctuary, or of benefit of 
 clergy, before trial or conviction. 2 Hale, 
 P. C. 236; 4 Bl. Comm. 333. Now abolished. 
 4 Steph. Comm. 400, note; Id. 436, note. 
 
 DECLINATURE. In Scotch practice. An 
 objection to the jurisdiction of the judge. 
 Bell, Diet. 
 
 DECOCTION. The operation of boiling 
 certain ingredients in a fluid for the pur- 
 pose of extracting the parts soluble at that 
 temperature. The product of this operation. 
 
 In a case in which the indictment charged 
 the prisoner with having administered to a 
 woman a decoction of a certain shrub, called 
 "savin," it appeared that the prisoner had 
 administered an infusion, and not a decoc- 
 tion. The prisoner's counsel insisted that 
 he was entitled to an acquittal on the ground 
 that the medicine was misdescribed ; but it 
 was held that infusion and decoction are 
 ejusdem generis, and that the variance was 
 immaterial. 3 Campb. 74, 76. 
 
 DECOCTOR. In Roman law. A bank- 
 rupt; a person who squandered the money 
 of the state. Calv. Lex.; Du Cange. 
 
 DECOLLATIO. Decollation; beheading. 
 
 DECONFES. In French law. A name for- 
 merly given to those persons who died with- 
 out confession, whether they refused to con- 
 fess, or whether they were criminals to 
 whom the sacrament was refused. Droit 
 de Canon, par M. I'Abbe Andre. 
 
 DECOY. A pond used for the breeding 
 and maintenance of water fowl. 11 Mod. 
 74, 130; 3 Salk. 9; Holt, 14; 11 East, 571. 
 
 An article exposed for the purpose of af- 
 fording an opportunity for the commission 
 of a crime, and thereby detecting the per- 
 peti^ator. 
 
 Particularly applied - to letters sent 
 through the mail to detect persons stealing 
 or opening them in violation of the postal 
 
DECREE 
 
 290 
 
 DECRETALS 
 
 laws. Am. & Eng. Enc. Law (2d Ed.) tit. 
 "Decoys." 
 
 DECREE. 
 
 In Practice. The judgment of sen- 
 tence of a court of equity, or of admiralty. 
 It corresponds to the judgment of a court of 
 law. It is either interlocutory or final. The 
 former is given on some plea or issue aris- 
 ing in the cause which does not decide the 
 main question; the latter settles the matter 
 in dispute; and a final decree has the same 
 efTect as a judgment at law. 2 Madd. 462; 
 1 Chanc. Cas. 27; 2 Vern. 89; 4 Brown, 
 Pari. Cas. 287. See 7 Viner, Abr. 394; 7 
 Comyn. Dig. 445; 1 Belt, Supp. to VeS. 223; 
 Bouv. Inst. Index. 
 
 In Legislation. In some countries, as 
 
 in France, some acts of the legislature or of 
 the sovereign, which have the force of law, 
 are called "decrees"; as, the Berlin ana 
 Milan decrees. 
 
 In Scotch Law. A final judgment or 
 
 sentence of court, by which the question at 
 issue between the parties is decided. 
 
 DECREE DATIVE. In Scotch law. The 
 order of a court of probate appointing an 
 administrator. 
 
 DECREE IN ABSENCE. In Scotch law. 
 Judgment by default or pro confesso, 
 
 DECREE OF CONSTITUTION. In Scotch 
 law. Any decree by which the extent of a 
 debt or obligation is ascertained. 
 
 The term is, however, usually applied 
 especially to those decrees which are re- 
 quired to found a title in the person of the 
 creditor in the event of the death of either 
 the debtor or the original creditor. Bell, 
 Diet. 
 
 DECREE OF FORTHCOMING. In Scotch 
 law. The decree made after an arrestment, 
 ordering the debt to be paid or the effects to 
 be delivered up to the arresting creditor. 
 Bell, Diet. 
 
 DECREE OF LOCALITY. In Scotch law. 
 The decree of a teind court allocating sti- 
 pend upon different heritors. It is equiva- 
 lent to the apportionment of a tithe rent 
 charge. 
 
 DECREE OF MODIFICATION. In Scotch 
 law. A decree of the teind court modifying 
 or fixing a stipend. 
 
 DECREE OF REGISTRATION. In. Scotch 
 law. A proceeding by which the creditor 
 has immediate execution. It is somewhat 
 like a warrant of attorney to confess judg- 
 ment. 1 Bell, Conun. 1. 1. 4. 
 
 DECREET. In Scotch law. The final 
 judgment or sentence of court by which the 
 question at issue between the parties is de- 
 cided. 
 
 Decreet absolutor is one where the de- 
 cision is in favor of the defendant. 
 
 Decreet condemnator is one where the de- 
 cision is in favor of the plaintiff. Ersk. 
 Inst. 4. 8. 5. 
 
 Decreet absolvitor is one dismissing a 
 claim, or acquitting a defendant. 2 Karnes, 
 Eq. 367; 1 Forbes, Inst. pt. 4, bk. 1, c. 2, 
 tit. 1, § 3. 
 
 Decreet arbitral is the award of arbitra- 
 tion ; the form of promulgating such award. 
 Bell, Diet. "Arbitration"; 2 Bell, H. L. Sc. 
 49. 
 
 DECREMENTUM MARIS (Lat.) In old 
 English law. Decrease of the sea; the re- 
 ceding of the sea from the land. Callis, 
 Sew. (53), 65. See "Reliction." 
 
 DECRETA. In the Roman law. Judicial 
 sentences given by the emperor as supreme 
 judge. 
 
 DECRETA CONCILIORUM NON LIGANT 
 reges nostros. The decrees of councils bind 
 not our kings. Moore, 906. 
 
 DECRETAL ORDER. In chancery prac- 
 tice. An order made by the court, of chan- 
 cery, upon a motion or petition, in the na- 
 ture of a decree. 2 Daniell, Ch. Prac. 637. 
 
 DECRETALES BONIFACII OCTAVI. A 
 supplemental collection of the canon law, 
 published by Boniface VIII. in 1298. Called, 
 also, liber sextus decretalium, sixth book of 
 the decretals. 1 Kaufm. Mackeld. Civ. Law, 
 83, note. See "Decretals." 
 
 DECRETALES GREGORII NONI. The 
 decretals of Gregory the Ninth. A collec- 
 tion of the laws of the church, published 
 by order of Gregory IX. in 1227. It is com- 
 posed of five books, subdivided into titles, 
 and each title is divided into chapters. They 
 are cited by using an X (or extra) thus: 
 Cap. & X de Regulis Juris, etc. 1 Kaufm. 
 Mackeld. Civ. Law, 83, note; Butler, Hor, 
 Jur. 115. 
 
 DECRETALS. In ecclesiastical law. Ca- 
 nonical epistles, written by the pope alone, 
 or by the pope and cardinals^ at the in- 
 stance or suit of one or more persons, -for 
 the ordering and determining some matter 
 in controversy, and which have the author- 
 ity of a law in themselves. 
 
 The decretals were published in three vol- 
 umes. The first volume was collected by 
 Raymundus Barcinius, chaplain to Gregory 
 IX., about the year 1227, and published by 
 him to be read in schools, and used in the 
 ecclesiastical courts. The second volume is 
 the work of Boniface VIIL, compiled about 
 the year 1298, with additions to and altera- 
 tions of the ordinances of his predecessors. 
 The third volume is called the "Clemen- 
 tines," because made by Clement V., and 
 was published by him in the council of 
 "Vienna, about the year 1808. To these may 
 be added the Extravagantes of John XXII. 
 and other bishops of Rome, which, relative- 
 ly to the others, are called NoveUae Cemstir 
 
DECRETO 
 
 291 
 
 DEDIMUS ET CONCESSIMUS 
 
 tutiones. Ridley's View, etc., 99, 100; 1 
 Fournel, Hist, des Avocats, 194, 195. 
 
 The false decretals were forged in the 
 names of the early bishops of Rome, and 
 first appeared about A, D. 845-850, The 
 author of th.eiji is not known. They are 
 mentioned in a letter written in the name 
 of the council of Quierzy, by Charles the 
 Bold, to the bishops and lords of France. 
 See Van Espen Fleury, Droit de Canon, by 
 Andre. 
 
 The decretals constitute the second divi- 
 sion of the Corpus Juris Canonici. 
 
 DECRETO. In Spanish colonial law. An 
 order emanating from some superior tribu- 
 nal, promulgated in the name and by the 
 authority of the sovereign, in relation to 
 ecclesiastical matters. Schmidt, Civ. Law, 
 93, note. 
 
 DECRETUM. 
 
 In Civil Law. A species of imperial 
 
 constitution, being a judgment or sentence 
 given by the emperor upon hearing of a 
 cause, quod imperator cognoscens decrevit. 
 Inst. 1. 2. 6. 
 
 ——In Canon Law. An ecclesiastical law, 
 in contradistinction to a secular law (lex). 
 1 Kaufm. Mackeld. Civ. Law, p. 81, § 93. 
 
 DECRETUM GRATIANI. A collection of 
 ecclesiastical law made by Gratian, a Bo- 
 lognese monk, in the year 1151. It is the 
 oldest of the collections constituting the 
 Corpus Juris Canonici. 1 Kaufm. Mackeld. 
 Civ. Law, 81; 1 Bl. Comm. 82; Butler, Hor. 
 Jur. 113. 
 
 DECRY. To cry down; to destroy the 
 credit of. It is said that the king may at 
 any time decry the coin of the realm. 1 BL 
 Comm. 278. 
 
 DECURIO. In Roman law. One of the 
 chief men or senators in the provincial 
 towns. The deeuriones, taken together, had 
 the entire management of the internal af- 
 fairs of their towns or cities, with powers 
 resembling in some degree those of our 
 modern city councils. 1 Spence, Eq. Jur. 
 54; Calv. Lex. 
 
 DEDBANA. An actual homicide or man- 
 slaughter. 
 
 DEDI (Lat. I have given.) A word used 
 in deeds and other instruments of convey- 
 ance when such instruments were made in 
 Latin. 
 
 The use of this word formerly carried 
 with it a warranty in law, when in a deed; 
 for example, if in a deed it was said, "dedi 
 (I have given) , etc., to A. B.," there was a 
 warranty to him and his heirs. Brooke, 
 Abr, "Guaranty," pi. 85. The warranty thus 
 wrought was a special warranty, extending 
 to the heirs of the feoffee during the life of 
 the donor only. Co. Litt. 384b; 4 Coke, 81; 
 5 Coke, 17. Dedi is said to be the aptest 
 word to denote a feoffment. 2 Sharswood, 
 Bl. Coram. 310. The future, dabo, is found 
 
 in some of the Saxon grants. 1 Spence, Eq. 
 Jur. 44. 
 
 DEDI ET CONCESSI (Lat. I have given 
 and granted). The aptest words to work a 
 feoffment. They are the words ordinarily 
 used, when instruments of conveyance were 
 in Latin, in charters of feoffment, gift, or 
 grant. These words were held the aptest, 
 though others would answer. Co. Litt. 384b; 
 1 Steph. Comm. 114; 2 Bl. Comm. 53, 316. 
 
 DEDICATION. An appropriation of land 
 to some public use, made by the owner, and 
 accepted for such use by or on behalf of the 
 public. Angell, Highways, c. Ill, § 132. 
 
 There may be a dedication for pious and 
 charitable purposes, as well as for public 
 easements. 32 Barb. (N. Y.) 222. 
 
 Dedications are either — 
 
 (1) Statutory, being those in pursuance 
 of a statute, or 
 
 (2) Common law, being that implied by 
 acquiescence in the public user. It operates 
 not by grant, but by estoppel. 9 Iowa, 451. 
 
 "In common-law dedication, no particular 
 formality is necessary. It is not affected 
 by the statute of frauds. It may be made, 
 either with or without writing, by any act 
 of the owner, such as throwing open his 
 land to public travel, or platting it and 
 selling lots bounded by streets designated 
 in the plat, thereby indicating a clear in- 
 tention to dedicate. Or an acquiescence in 
 the use of his land for a highway, or his de- 
 clared assent to such use, will be sufficient; 
 the dedications being proved in most, if not 
 all, of the cases by matter in pais, and not 
 by deed. The vital principle of the dedica- 
 tion is the intention to dedicate; and when- 
 ever this is unequivocally manifested, the 
 dedication, so far as the owner of the soil 
 is concerned, has been made. Time, there- 
 fore, though often a very material ingredi- 
 ent in the evidence, is not an indispensable 
 ingredient in the act of dedication. If ac- 
 cepted and used by the public in the manner 
 intended, the dedication is complete, preclud- 
 ing the owner and all claiming in his right 
 from asserting any ownership inconsistent 
 with such use. Dedication, therefore, is a 
 conclusion of fact to be drawn by the jury 
 from the circumstances of each particular 
 case; the whole _ question, as against the 
 owner of the soil, being whether there is 
 sufficient evidence of an intenti6n on his part 
 to dedicate the land to the public use as a 
 highway." 14 Cal. 642. 
 
 DEDICATION DAY. The feast of dedica- 
 tion of churches, or rather the feast day of 
 the saint and patron of a church, which was 
 celebrated not only by the inhabitants of 
 the place, but by those of all the neigh- 
 boring villages, who usually came thither; 
 and such assemblies were allowed as law- 
 ful. It was usual for the people to feast 
 and to drink on those days. CoweU. 
 
 DEDIMUS ET CONCESSIMUS (Lat. we 
 have given and granted). Words used by 
 
DEDIMUS POTESTATEM 
 
 292 
 
 DEFALCATION 
 
 the king where there were more grantors 
 than one, instead of dedi et conceasi. 
 
 DEDIMUS POTESTATEM (Lat. we have 
 given power) . The name of a writ to com- 
 mission private persons to do some act in 
 the place of a judge; as, to administer an 
 oath of office to a justice of the peace, to 
 examine witnesses, and the like. Cowell; 
 Comyn, Dig. "Chancery" (K 3), (P 2), 
 "Fine" (E 7) ; Dane, Abr. Index; 2 Shars- 
 wood, Bl. Comm. 351. 
 
 DEDIMUS POTESTATEM DE ATTORNO 
 faciendo (Lat.). The name of a writ which 
 was formerly issued by authority of the 
 crown in England to authorize an attorney 
 to appear for a defendant. 
 
 By St. Westminster II. (13 Edw. I. c. 10), 
 all persons impleaded may make an attor- 
 ney to sue for them, in all pleas moved by or 
 against them, in the superior courts there 
 enumerated. 3 Man. & G. 184, note. 
 
 DEDITITII (Lat.) In Roman law. Crim- 
 inals who have been marked in the face or 
 on the body with fire or an iron so that the 
 mark cannot be erased, and subsequently 
 manumitted. Calv. Lex. 
 
 DEDUCTION FOR NEW. In maritime 
 law. The allowance (usually one-third) on 
 the cost of repairing a damage to the ship 
 by the extraordinary operation of the perils 
 of navigation, the renovated part being pre- 
 sumed to be better than before the damage. 
 In some ports, by custom or by express pro- 
 vision in the policy, the allowance is not 
 made on a new vessel during the first year, 
 or on new sheating, or on an anchor or 
 chain cables. 1 Phil. Ins. § 60; 2 Phil. Ins. 
 §§ 1369, 1431, 1433; Benecke & S. Av. (Phil. 
 Ed.) 167, note 238; 2 Serg. & R. (Pa.) 229; 
 1 Caines (N. Y.) 573; 18 La. 77; 2 Cranch, 
 C. C. (U. S.) 218; 21 Pick. (Mass.) 456; 5 
 Cow. (N. Y.) 63. 
 
 DEED. A written instrument under seal, 
 containing a contract or agreement which 
 has been delivered by the party to be bound 
 and accepted by the obligee or covenantee. 
 Co. Litt. 171; 2 BL Comm. 295; Shep. Touch. 
 50. 
 
 A writing under seal, by which lands, 
 tenements, or hereditaments are conveyed 
 for an estate not less than a freehold. 2 
 Sharswood, Bl. Comm. 294. 
 
 Any instrument in writing under seal, 
 whether it relates to the conveyance of real 
 estate, or to any other matter, — as, for in- 
 stance, a bond, single bill, agreement; or 
 contract of any kind, — is as much a deed as 
 is a conveyance of real estate, and, after 
 delivery and acceptance, is obligatory. 2 
 Serg. & R. (Pa.) 604; 5 Dana (Ky.) 365; 2 
 Miss. 154. The term is, however, often used 
 in the latter sense above given, and perhaps 
 oftener than in its more general significa- 
 tion. 
 
 According to Sir William Blackstone (2 
 Comm. 313), deeds may be considered as 
 
 conveyances at common law, — of which the 
 original are feoffment, gift, grant, lease, ex- 
 change, partition; the derivatives are re- 
 lease, confirmation, surrender, assignment, 
 defeasance, — or conveyances which derive 
 their force by virtue of the statute of uses, 
 namely, covenant to stand seised to uses; 
 bargain and sale of lands; lease and release; 
 deed to lead and declare uses; deed of revo- 
 cation of uses. 
 
 DEED INDENTED. See "Indenture." 
 
 DEED OF COVENANT. Covenants are 
 sometimes entered into by a separate deed, 
 for title, or for the indemnity of a pur- 
 chaser or mortgagee, or for the production 
 of title deeds. A covenant with a penalty 
 is sometimes taken for the pajmient of a 
 debt, instead of a bond with a condition, 
 but the legal remedy is the same in either 
 case. Rapalje & L. 
 
 DEED POLL. A deed which is made by 
 one party only. 
 
 A deed in which only the party making it 
 executes it, or binds himself by it as a deed. 
 2 Washb. Real Prop. 588. 
 
 The distinction between "deed poll" and 
 "indenture" has come to be of but little im- 
 portance. The ordinary purpose of a deed 
 poll is merely to transfer the rights of the 
 grantor to the grantee. It was formerly 
 called charta de una parte, and usually be- 
 gan with these words: Soiant praesentes 
 et futuri quod ego, A., etc.; and now begins, 
 "Know all men by these presents that I, A. 
 B., have given, granted, and enfeoffed, and 
 by these presents do give, grant, and en- 
 feoff," etc. Cruise, Dig. tit. 32, c. 1, § 23. 
 See "Indenture." 
 
 DEED TO DECLARE USES. A deed made 
 after a fine or common recovery, to show the 
 object thereof. 
 
 DEED TO LEAD USES. A deed made be- 
 fore a fine or common recovery, to show the 
 object thereof. 
 
 DEEMSTERS. Judges in the Isle of Man, 
 who decide all controversies without process, 
 writings, or any charges. These judges are 
 chosen by the people, and are said by Spel- 
 man to be two in number. Spelman; Cam- 
 den, Brit.; Cowell; Blount. 
 
 DEER FALp. A park or fold for deer. 
 
 DEER HAYES. Engines or great nets 
 made of cord to catch deer. 19 Hen. VIII. 
 c. 11. 
 
 DEFALCATION. The act of a defaulter. 
 Embezzlement or misappropriation of pub- 
 lic, or trust funds. 
 
 The reduction of the claim of one of the 
 contracting parties against the other, by de- 
 ducting from it a smaller claim due from 
 the former to the latter. See 1 Eawle (Pa.) 
 291; 3 Bin. (Pa.) 135. 
 
DEFAMATION 
 
 293 
 
 DEFENSE 
 
 DEFAMATION. The speaking or writing 
 words of a person so as to hurt his good 
 fame, de bona fama aliquid detrahere. Writ- 
 ten defamation is termed "libel," and oral 
 defamation "slander." 
 
 DEFAMES (Law Fr.) Infamous. 
 
 DEFAULT. The nonperformance of a 
 duty, whether arising under a contract or 
 otherwise. 2 Barn. & Aid. 516. 
 
 In Practice. The nonappearance of a 
 
 plaintiff or defendant at court within the 
 time prescribed by law to prosecute his 
 claim or make his defense. 
 
 DEFEASANCE. (Fr. defaire, to defeat). 
 An instrument which defeats the force or 
 operation of some other deed or estate. That 
 which is in the same deed is called a con- 
 dition, and that which is in another deed 
 is a defeasance. Comyn, Dig. "Defeas- 
 ance." 
 
 A collateral deed made at the same time 
 with a feoffment or grant, containing cer- 
 tain conditions, upon the performance of 
 which the estate created by such feoffment 
 or grant may be defeated. 43 Me. 371. 
 
 An instrument collateral to a bond, and 
 containing the condition thereof. 2 Bl. 
 Comm. 342. 
 
 DEFEASIBLE. An estate is defeasible 
 when subject to be defeated by the opera- 
 tion of a condition subsequent, or condi- 
 tional limitation. 
 
 DEFECT. The want of something re- 
 quired by law. See 20 N. Y. 355; 40 Barb. 
 (N. Y.) 574. 
 
 DEFECTUM. See "Propter Defectum." 
 
 DEFECTUS SANGUINIS. Failure of is- 
 sue. 
 
 DEFENDANT. A party sued in a personal 
 action. The term does not in strictness 
 apply to the person opposing or denying the 
 allegations of the demandant in a real ac- 
 tion, who is properly called the "tenant." 
 The distinction, however, is very commonly 
 disregarded; and the term is further fre- 
 quency applied to denote the person called 
 upon to answer, either at law or in equity, 
 and as well in criminal as civil suits. 
 
 DEFENDANT IN ERROR. The distinctive 
 term appropriate to the party against whom 
 a writ of error is sued out. 
 
 DEFENDER. 
 
 In French Law. To deny; to defend; 
 
 to conduct a suit for a defendant; to for- 
 bid; to prevent; to protect. 
 
 In Scotch and Canon Law. A defend- 
 ant. 
 
 DEFENDER OF THE FAITH. A peculiar 
 title belonging to the sovereign of Eng- 
 land, as that of "Catholic" to the king of 
 Spain, and that of "Most Christian" to the 
 king of France. These titles were original- 
 
 ly given by the popes of Rome; and that 
 of Defensor Fidei was first conferred by 
 Pope Leo. X. on King Henry VIII., as a re- 
 ward for writing against Martin Luther; 
 and the bull foi" it bears date quinto Idus 
 Octob., 1521. Enc. Lond. 
 
 DEFENDERE SE PER CORPUS SUUM. 
 
 To offer duel or combat as a legal trial and 
 appeal. Abolished by 59 Geo. III., § 46. See 
 "Battel." 
 
 DEFENDERE UNICA MANU. To wage 
 law; a denial of an accusation upon oath. 
 3 Bl. Comm. 341; 3 Steph. Comm. 424. 
 
 DEFENDIT VIM ET INJURIAM. He de- 
 fends the force and injury. Fleta, lib. 5, c. 
 39, § 1. 
 
 DE FEN DOUR (Law F^. a defender or de- 
 fendant). The party accused in an appeal. 
 Britt. c. 22. 
 
 DEFENERATION, 
 money on usury. 
 
 The act of lending 
 
 DEFENSA. A park or place fenced in for 
 deer, and defended as a property, and pe- 
 culiar for that use and service. Cowell. 
 
 DEFENSE. 
 
 In Torts. A forcible resistance of an 
 
 attack by force. See "Self-Defense." 
 
 In Pleading and Practice. The denial 
 
 of the truth or validity of the complaint. 
 A general assertion that the plaintiff has no 
 ground of action, which is afterwards ex- 
 tended and maintained in the plea. 3 Shars- 
 wood, Bl. Comm. 296; Co. Litt. 127. 
 
 In this sense it is similar to the contesta- 
 tio litis of the civilians, and does not in- 
 clude justification. In a more general sense 
 it denotes the means by which the defend- 
 ant prevents the success of the plaintiff's 
 action, or, in criminal practice, the indict- 
 ment. The word is commonly used in this 
 sense in modem practice. 
 
 Half defense was that which was made 
 by the form "defends the force and injury, 
 and says," defendit' vim et injuriam, et 
 dicit. 
 
 PMU defense was that which was made 
 by the form "defends the force and injury 
 when and where it shall behoove him, and 
 the damages and whatever else he ought to 
 defend," defendit vim et injuriam quando et 
 ubi curia consideravit, et damna et quicquid 
 quod ipse defendere debet, et dicit, common- 
 ly shortened into "defends the force and in- 
 jury when," etc. Gilb. C. P. 188; 8 Term R. 
 632; 3 Bos. & P. 9, note; Co. Litt. 127b; 
 ■^illes, 41. It follows immediately upon the 
 statement of appearance, "comes" (venit) , 
 thus: "comes and defends." By the general 
 defense, the propriety of the writ, the com- 
 petency of the plaintiff, and the jurisdiction 
 of the court were allowed; by defending the 
 force and injury, misnomer was waived; by 
 defending the damages, all exceptions to the 
 person of the plaintiff; and by defending 
 either when, etc., the jurisdiction of the 
 
DEFENSE AU FOND EN DROIT 
 
 294 
 
 DEFORCIANT 
 
 court was admitted. 3 Sharswood, Bl. Comm. 
 298. 
 
 The distinction between the forms of half 
 and full defense was first lost sight of (8 
 Term. R. 633; Willes, 41; 3 Bos. & P. 9; 2 
 Saund. 209c), and no necessity for a tech- 
 nical defense exists, under the modem forms 
 of practice. 
 
 DEFENSE AU FOND EN DROIT (call- 
 ed, also, defence en droit). A demurrer. 2 
 Low. (U. S.) 278. See, also, 1 Low. (U. S.) 
 216. 
 
 DEFENSE AU FOND EN FAIT. The gen- 
 eral issue. 3 Low. (U. S.) 421. 
 
 DEFENSIVA. In old English law. A lord 
 or earl of the marches, who was the warden 
 and defender of his country. Cowell. 
 
 DEFENSIVE ALLEGATION. In ecclesias- 
 tical practice. The answer of the party de- 
 fending to the allegations of the party mov- 
 ing the cause. 
 
 DEFENSIVE WAR. A war in defense of 
 national right, — ^not necessarily defensive in 
 its operations. 1 Kent, Comm. 50. 
 
 DEFENSO. See "Defensum." 
 
 DEFENSOR. 
 
 In Civil Law. A defender; one who 
 
 takes upon himself the defense of another's 
 cause, assuming his liabilities. 
 
 An advocate in court. In this sense the 
 word is very general in its signification, in- 
 cluding advocatus, patronus, procurator, etc. 
 A tutor or guardian. Calv. Lex. 
 
 In Old English Law. A guardian or 
 
 protector. Spelman. The defendant; a war- 
 rantor. Bracton. 
 
 In Canon Law. The advocate of a 
 
 church. The patron. See "Advocatus." An 
 officer having charge of the temporal affairs 
 of the church. Spelman. 
 
 DEFENSOR CIVITATIS (Lat. defender 
 of the state) . In Roman law. An officer 
 whose business it was to transact certain 
 business of the state. 
 
 Those officers were so called who, like 
 the tribunes of the people at first, were 
 chosen by the people in the large cities and 
 towns, and whose duty it was to watch over 
 the order of the city, protect the people and 
 the decuriones from all harm, protect sail- 
 ors and naval people, attend to the com- 
 plaints of those who had suffered injuries, 
 and discharge various other duties. As will 
 be seen, they had considerable judicial 
 power. Du Cange; Schmidt, Civ. Law, In- 
 trod. 16. 
 
 DEFENSUM (Law. Lat.) In old English 
 law. An inclosure, or any fenced ground. 
 ,2 Mon. Ang. 114; 3 Mon. Ang. 306. Inclu- 
 sum et positum in defensum, inclosed and 
 put in defense or fence. Bracton, fol. 228. 
 Rationabilia defensa, reasonable defenses. 
 Fleta, lib. 4, c. 19, § 7. 
 
 A part of an open field, appropriated to a 
 particular use, as for hay, which was hence 
 said to be in defenso. Cowell. 
 
 A state of several occupancy or appropri- 
 ation. Magna Charta, c. 16. 
 
 Defense, in the old sense of prohibition ; a 
 state of prohibition, or in which the use of 
 a thing is prohibited by law. St. Westmin- 
 ster II. c. 47. 
 
 DEFICIENCY DECREES. One for the 
 balance of the mortgage debt remaining 
 after applying toward it the proceeds of 
 the sale. 84 111. App. 36. 
 
 DEFICIENTE UNO SANGUINE NON 
 potest esse haeres. One blood being want- 
 ed, he cannot be heir. 3 Coke, 41. 
 
 DEFINITIVE. That which terminates a 
 suit; final. A definitive sentence or judg- 
 ment is put in opposition to an interlocu- 
 tory judgment. 
 
 DEFLORATION. The act by which a 
 woman is deprived of her virginity. 
 
 When this is done unlawfully and against 
 her will, it bears the name of "rape" (q. 
 V.) ; when she consents, it is "fornication" 
 (q. V.) ; or if the man be married, it is 
 "adultery" on his part. 2 Greenl. Ev. § 48 ; 
 21 Pick. (Mass.) 509; 36 Me. 261; 11 Ga. 
 53; 2 Dall. (Pa.) 124. 
 
 DEFORCE. 
 
 In English Law. To withhold wrong- 
 fully; to .withhold the possession of lands 
 from one who is lawfully entitled to them. 
 3 Bl. Comm. 172. 
 
 In Scotch Law. To resist the execu- 
 tion of the law; to oppose by force a public 
 officer in the execution of his duty. Bell, 
 Diet. 
 
 DEFORCEMENT. The holding any lands 
 or tenements to which another has a right. 
 
 In its most extensive sense, the term in- 
 cludes any withholding of any lands or 
 tenements to which another person has a 
 right (Co. Litt. 277) ; so that this includes 
 as well an abatement, an intrusion, a dis- 
 seisin, or a discontinuance, as any other 
 species of wrong whatsoever, by which the 
 owner of the freehold is kept out of pos- 
 session. But, as contradistinguished from 
 the former, it is only such a detainer of the 
 freehold from him who has the right of 
 property as falls within none of the injur- 
 ies above mentioned. 3 Bl. Comm. 173; 
 Archb. Civ. PI. 13; Dane, Abr. Index. 
 
 In Scotch Law. The opposition given, 
 
 or resistance made, to messengers or other 
 officers while they are employed in execut- 
 ing the law. . 
 
 This crime is punished by confiscation ol 
 movables, the one half , to the king and the 
 other to the creditor at whose suit the dili- 
 gence is used. Ersk. Prac. 4. 4. 32. 
 
 DEFORCIANT. One who wrongfully 
 keeps the owner of lands and tenements out 
 of the possession of them. 2 Bl. Comm. 350. 
 
DEPORCIAEE 
 
 295 
 
 DELEGATE 
 
 DEFORCIARE. To withhold lands or ten- 
 ements from the rightful owner. This is a 
 word of art which cannot be supplied by 
 any other word. Co. Litt. 331b; 3 Thomas, 
 Co. Litt. 3; Bracton, lib. 4, 238; Fleta, lib. 
 5, c. 11. 
 
 DEFOSSION. The punishment of being 
 buried alive. 
 
 DEFRAUD. To withhold from another 
 that which is justly due to him, or to de- 
 prive him of a right, by deception or arti- 
 fice. 12 Barb. (N. Y.) 186. 
 
 DEFRAUDACION. In Spanish law. The 
 crime committed by a person who fraudu- 
 lently avoids the payment of some public 
 tax. 
 
 DEFUER. (Law Fr.) To flee from; to 
 run away; to elope. Kelham. Defuiaunt; 
 running away. Defuont; run away. Apres 
 ceo que el avera defuy son baron; after she 
 shall have eloped from her husband. Britt. 
 c. 42. 
 
 DEFUNCT. Deceased; a deceased per- 
 son. 
 
 D EG ASTER (Law Fr.) To waste. Deflros*, 
 degaste, degata, wasted, destroyed. Kel- 
 ham. 
 
 DEGRADATION. In ecclesiastical law. A 
 censure by which a clergyman is deprived 
 of the holy orders which he had as a priest 
 or deacon. 
 
 DEGREE (Fr. degre, from Lat. gradus, a 
 step in a stairway; a round of a ladder). 
 A remove or step in the line of descent or 
 consanguinity. 
 
 The state or civil condition of a person. 
 The ancient English statute of additions, 
 for example, requires that in process, for 
 the better description of a defendant, his 
 state, degree, or mystery shall be men- 
 tioned. 
 
 An honorable state or condition to which 
 a student is advanced in testimony of pro- 
 ficiency in arts and sciences. They are of 
 pontifical origin. See 1 Schmidt, Thesau- 
 rus, 144; Vicat, Doctores; Minshew, Diet. 
 "Bachelor"; Merlin, Repert; Van Espen, pt. 
 1, tit. 10; Giannone, Istoria di Napoli, lib. 
 xi. c. 2, — ^for a full account of this matter. 
 
 DEHORS (Fr. out of; without). Some- 
 thing out of the record, agreement, will, or 
 other thing spoken of; something foreign 
 to the matter in question, 
 
 DEI GRATIA (Lat. by the grace of God). 
 An expression used in the titles of sover- 
 eigns, and considered as one of the preroga- 
 tives <Sf royalty, propria jvra majestaUs, al- 
 though anciently a part of the titles of in- 
 ferior oflScers and magistrate^, ecclesiastical 
 and civlL Spelman. 
 
 DEI JUDICIUM (Lat. the judgment of 
 God) . A name given to the trial by ordeal. 
 
 DEJACION. In Spanish law. A general 
 term applicable to the surrender of his 
 property to his creditors by an insolvent; 
 the renunciation of an inheritance; the re- 
 lease of a mortgage upon payment, and the 
 abandonment of the property insured to the 
 insurer. 
 
 DEJERATION. A taking of a solemn 
 oath. 
 
 DEL BIEN ESTRE (Law Fr.; Law Lat. 
 de bene esse). In old English practice. Of 
 well being; of form. Britt. c. 39. 
 
 DEL CREDERE COMMISSION. An addi- 
 tional commission received by a factor in 
 consideration of his engaging to insure to 
 his principal not only the solvency of the 
 debtor, but the punctual discharge of the 
 debt. 104 Mass. 497; 47 Barb. (N. Y.) 9; 
 33 Mo. 412. 
 
 He was formerly held to be a principal 
 debtor, but it is now well settled that his 
 liability is only as a guarantor. Story, Ag. 
 (9th Ed.) § 215; 5 Hill (N. Y.) 458. 
 
 DELATE. In Scotch law. To accuse. 
 Bell, Diet. 
 
 DELATIO. In civil law. An accusation 
 or information. Du Cange; Calv. Lex. 
 
 DELATOR. An accuser or informer. Du 
 Cange. 
 
 DELATURA. In old English law. The re- 
 ward of an informer. Whishaw. 
 
 DELECTUS PERSONAE (or PERSONA- 
 rum). (Lat. the choice of the person.) A 
 term applied to the doctrine that no new 
 member can be introduced into a firm with- 
 out the unanimous consent of the then part- 
 ners. Shumaker, Partn. 9. 
 
 This doctrine excludes even executors and 
 representatives of partners from succeeding 
 to the state and condition of partners. 7 
 Pick. (Mass.) 237; 3 Kent, Comm. 55. 
 
 In Scotch Law. The personal pref- 
 erence which is supposed to have been ex- 
 ercised by a landlord in selecting his ten- 
 ant, by the members of a firm in making 
 choice of partners, in the appointment of 
 persons to ofiice, and other cases. Near- 
 ly equivalent to personal trust, as a doc- 
 trine in law. Bell, Diet. 
 
 DELEGATA POTESTAS NON POTEST 
 delegarl. A delegated authority cannot be 
 again delegated. Coke, 2d Inst. 597; 5 Bing. 
 N. C. 310; 2 Bouv. Inst, note 1300; Story, 
 Ag. § 13; 11 How. (U. S.) 233. 
 
 DELEGATE ^Lat. deligere, to choose 
 from) . One authorized by another to act in 
 his name; an agent or attorney. 
 
 A person elected, by the people of an or- 
 ganized territory of the United States, to 
 congress, who has a seat in congress, and a 
 right of debating, but not of voting. Ord. 
 July 13, 1787 (3 Story, U. S. Laws, 2076). 
 
DELEGATION 
 
 296 
 
 DELIRIUM FEBRILE 
 
 A person elected to any deliberative as- 
 sembly. It is, however, in this sense gen- 
 erally limited to occasional assemblies, such 
 as conventions, and the like, and does not 
 usually apply to permanent bodies, as 
 houses of assembly, etc. 
 
 DELEGATION. 
 
 In Civil Law. A kind of novation by 
 which the original debtor, in order to be 
 liberated from his creditor, gives him a 
 third person, who becomes obliged in his 
 stead to the creditor or to the person ap- 
 pointed by him. See "Novation." 
 
 Perfect delegation exists when the debtor 
 who makes the delegation is discharged by 
 the creditor. 
 
 Imperfect delegation exists when the 
 creditor retains his rights against the orig- 
 inal debtor. 2 Duv. note 169. 
 
 At Common Law. The transfer of au- 
 thority from one or more persons to one or 
 more others. 
 
 All persons, swi juris, may delegate to an- 
 other authority to act for them in a matter 
 which is lawful and otherwise capable of 
 being delegated. Comyn, Dig. "Attorney," 
 c. 1; 9 Coke, 75b; Story, Ag. § 6. 
 
 In Legislation. The whole number of 
 
 the persons who represent a district, a state, 
 and the like in a deliberative assembly; as, 
 the delegation from Ohio, the delegation 
 from the city of Philadelphia. 
 
 DELEGATUS DEBITOR EST ODiOSUS 
 In lege. A delegated debtor is hateful in 
 law. 3 Bulst. 148. 
 
 DELEGATUS NON POTEST DELEGARE. 
 
 A delegate or deputy cannot appoint an- 
 other. 2 Bouv. Inst, note 1936; Story, Ag. 
 § 13; Broom, Leg. Max. (3d London Ed.) 
 756-758; 9 Coke, 77; 2 Scott, N. R. 509; 12 
 Mees. & W. 712; 6 Exch. 156; 8 C. B. 627. 
 
 DELETE. In Scotch law. To erase; to 
 strike out. 1 How. St. Tr. 1381. 
 
 DELIBERANDUIVll EST DIU QUOD STAT- 
 uendum est semel. That which is to be re- 
 solved once for all should be long deliber- 
 ated upon. 12 Coke, 74. 
 
 DELIBERATE. To examine, to consult, 
 in order to form an opinion. Thus, a jury 
 deliberates as to their verdict. 
 
 DELIBERATION. The act of the under- 
 standing by which a party examines wheth- 
 er a thing proposed ought to be done or not 
 ' to be done, or whether it ought to be done 
 in one manner or another. 
 
 The deliberation relates to the end pro- 
 posed, to the means of accomplishing that 
 end, or to both. It is a presumption of law 
 that all acts committed are done with due 
 deliberation, — that the party intended to 
 do what he has done. But he may show 
 the contrary. In contracts, for example, he 
 may show that he has been taken by sur- 
 prise (q. V.) ; and when a criminal act is 
 charged, he may prove that it was an acci- 
 
 dent, and not with deliberation, — that, in 
 fact, there was no intention or will. In 
 relation to crime, it implies a weighing of 
 the motives for the act and its consequences, 
 with a view to decision thereon. 28 Iowa 
 524. 
 
 "Deliberation"' is not synonymous with 
 "premeditation." "Deliberation is prolonged 
 premeditation." 74 Mo. 247. See "Malice 
 Aforethought." 
 
 It does not mean brooded over, reflected 
 upon for a week, a day, or an hour, but it 
 means an intent^ executed, not under the in- 
 fluence of violent passion, but in the fur- 
 therance of a formed design. 66 Mo. 13. 
 
 In Legislation. The council which Is 
 
 held touching some business in an assem- 
 bly having the power to act in relation 
 to it. 
 
 DELICT. In civil law. The act by which 
 one person, by fraud or malignity, causes 
 some damage or tort to some other. 
 
 In its most enlarged sense, this term in- 
 cludes all kinds of crimes and misdemean- 
 ors, and even the injury which has been 
 caused by another, either voluntary or ac- 
 cidentally, without evil intention. But more 
 commonly by "delicts" are understood those 
 small offenses which are punished by a 
 small fine or a short imprisonment. 
 
 Private delicts are those which are di- 
 rectly injurious to a private individual. 
 
 Public delicts are those which affect the 
 whole community in their hurtful conse- 
 quences. 
 
 Quasi delicts are the acts of a person who, 
 without malignity, but by an inexcusable 
 imprudence, causes an injury to another. 
 Poth. Obi. note 116; Ersk. Prac. 4. 4. 1. 
 
 DELICTUM (Lat.) A crime or offense; a 
 tort or wrong, as in actions ex delicto. 1 
 Chit. PL A challenge of a juror propter de- 
 lictum is for some crime or misdemeanor 
 that affects his credit, and renders him in- 
 famous. 3 Bl. Comm. 363; 2 Kent, Coram. 
 241. Some offense committed, or wrong 
 done. 1 Kent, Comm. 552; Cowp. 199. 200. 
 A state of culpability. Occurring often, in 
 the phrase "in pari delicto melior est con- 
 ditio defendentis." So, where both parties 
 to a broken contract have been guilty of 
 unlawful acts, the law will not interfere, 
 but will leave them in pari delicto. 2 Greenl. 
 Ev. § IIL 
 
 DELIMIT. To mark or lay out the limits 
 or boundary line of a territory or country. 
 
 DELINQUENS PER IRAM PROVOCA- 
 tus puhiri debet mitius. A delinquent pro- 
 voked by anger ought to be punished more 
 mildly. 3 Inst. 55. 
 
 DELINQUENT. In civil law. He who 
 has been guilty of some crime, offense, or 
 failure of duty. 
 
 DELIRIUM FEBRILE. In medical juris- 
 prudence. A form of mental aberration in- 
 
DELIRIUM TREMENS 
 
 297 
 
 DEMENS 
 
 cident to febrile diseases, and sometimes to 
 the last stages of chronic diseases. 
 
 DELIRIUM TREMENS (called, also, ma- 
 nia-a-potu). In medical jurisprudence. A 
 form of mental disorder incident to habits 
 of intemperate drinking, which generally 
 appears as a sequel to a few days' abstin- 
 ence from stimulating drink. 
 
 DELITO. In Spanish law. Crime; a crime, 
 offense, or delict. White, New Recop. bk. 2, 
 tit. 19, c. 1, § 4. 
 
 DELIVERANCE. In practice. A term used 
 by the clerk in court to every prisoner who 
 is arraigned and pleads not guilty, to whom 
 he wishes a good deliverance. In modern 
 practice this is seldom used. 
 
 DELIVERY. 
 
 Of Deed. The transfer of a deed 
 
 from the grantor to the grantee, or some 
 person acting in his behalf, in such a man- 
 ner as to deprive the grantor of the right 
 to recall it at his option. Delivery may be 
 (1) absolute, which is complete upon the 
 actual transfer of the instrument from the 
 possession of the grantor; or (2) condi- 
 tional, which passes the deed from the 
 possession of the grantor, but is not to be 
 completed by possession in the grantee, or 
 a third person as his agent, until the hap- 
 pening of a specified event. 
 
 Of Chattels. The tradition or trans- 
 fer of the possession of a chattel from one 
 person to another. It may be actual or sym- 
 bolical, as of goods in a storehouse by de- 
 livery of the key (39 Me. 496), or goods in 
 the hands of a carrier by delivery of the 
 bill of lading (5 Ohio, 88). 
 
 The word "delivery," as applied to sales, 
 has been used in several senses, viz.: 
 
 (1) Delivery sufficient to pass title. 
 
 (2) Delivery sufficient to allow the seller 
 to sue for goods sold and delivered. 
 
 (3) Delivery sufficient to destroy the ven- 
 dor's lien. 
 
 _ (4) Delivery sufficient to determine the 
 right of stoppage in transitu. 
 
 (5) Delivery sufficient under the statute 
 of frauds. 
 
 (6) Delivery sufficient as against credit- 
 ors or subsequent purchasers. 
 
 Unless the particular sense in which the 
 word is used in each case be borne in mind, 
 confusion will follow in reading the deci- 
 sions. Benj. Sales, p. 649, note. 
 
 In Medical Jurisprudence. The act of 
 
 a woman giving birth to her offspring. 
 
 DELIVERY ORDER. An order addressed 
 in England, by the owner of goods to a per- 
 son holding them on his behalf, requesting 
 him to deliver them to a person named in 
 the order. Delivery orders are chiefly used 
 in the case of goods held by dock compan- 
 ies, wharfingers, etc. Such an order is not 
 a document of title, and therefore does not 
 transfer the property, or divest the vendor's 
 lien for the purchase money, until it is 
 
 acted on by the holder's obtaining either 
 (1) actual delivery, (2) an entry of his 
 title in the wharfinger's books, or (3) the 
 issue of a dock warrant in his name; which 
 last operation would apparently presuppose 
 the second. Until he does one of these 
 things, the original owner may obtain de- 
 livery to himself, or transfer the property 
 in the goods to some one else. 2 H. L. Cas. 
 309; 5 Ch. Div. 195; Benj. Sales, 684. See 
 "Dock Warrant." 
 
 DELUSION. In medical jurisprudence. 
 A diseased state of the mind, in which per- 
 sons believe things to exist which exist 
 only, or in the degree they are conceived of 
 only, in their own imaginations, with a per- 
 suasion so fixed and firm that neither evi- 
 dence nor argument can convince them to 
 the contrary. 
 
 DEM. An abbreviation for "demise"; 
 Jackson ex dem. Wood v. Wood, Jackson on 
 the demise of Wood, etc. 6 Cow. (N. Y.) 
 586. 
 
 DEMAIN. See "Demesne." 
 
 DEMAND. A claim; a legal obligation. 
 
 Demand is a word of art of an extent 
 greater in its signification than any other 
 word except "claim." Co. Litt. 291; 2 Hill 
 (N. Y.) 220; 9 Serg. & R. (Pa.) 124; 6 
 Watts & S. (Pa.) 226. 
 
 In Practice. A requisition or request 
 
 to do a particular thing specified under a 
 claim of right on the part of the person 
 requesting. 
 
 DEMAND IN RECONVENTION. A de- 
 mand which the defendant institutes in 
 consequence of that which the plaintiff has 
 brought against him. Used in Louisiana. 
 Prac. Code La. art. 374. 
 
 DEMANDA (Law Lat.) 
 
 In Old English Law. A demand. Brac- 
 
 ton, fols. 17, 35; Fleta, lib. 2, c. 39, § 1. Si 
 quis recuperaverit demandam suam, if one 
 shall recover his demand. St. Westminster 
 II. c. 44. See 8 Coke, 153. 
 
 In Spanish Law. The petition of a 
 
 plaintiff, setting forth his demand. Las 
 Partidas, pt. 3, tit. 10, lib. 3. 
 
 DEMANDANT. The plaintiff or party who 
 brings a real action. Co. Litt. 127; Comyn, 
 Dig. 
 
 DEMANDRESS. A female demandant. 
 
 DEM EASE. Death. 
 
 DEMEMBRATION. In Scotch law. Mali- 
 ciously cutting off or otherwise separating 
 one limb from another. 1 Hume, 323; Bell. 
 Diet. 
 
 DEMENS (Lat.) One who has lost his 
 mind through sickness or some other cause; 
 one whose faculties are enfeebled. Dean, 
 Med. Jur. 481. See "Dementia." 
 
DEMENTENANT EN AVANT 
 
 298 
 
 DEMOLISH 
 
 DEMENTENANT EN AVANT (Law Fr.) 
 From this time forward. Kelham. 
 
 DEMENTIA, In medical jurisprudence. 
 That form of insanity which is character- 
 ized by mental weakness and decrepitude, 
 and by total inability to reason correctly or 
 incorrectly. 
 
 DEMESNE. Lands of which the lord had 
 the absolute property or ownership, as dis- 
 tinguished from feudal lands which he held 
 of a superior. 2 Sharswood, Bl. Comm. 104; 
 Cowell. Lands which the lord retained un- 
 der his immediate control, for the purpose 
 of supplying his table and the immediate 
 needs of his household. Distinguished from 
 that farmed out to tenants, called among 
 the Saxons "bordlands." Blount; Co. Litt. 
 17a. 
 
 Own; original. Son assault demesne, his 
 (the plaintiff's) original assault, or assault 
 in the first place. 2 Greenl. Ev. § 633; 3 
 Bl. Comm. 120, 306. 
 
 DEMESNE AS OF FEE. A man is said to 
 be seised in his demesne as of fee of a cor- 
 poreal inheritance, because he has a prop- 
 erty dominicum or demesne in the thing 
 itself. 2 Bl. Comm. 106. But when he has 
 no dominion in the thing itself, as in the 
 case of an incorporeal hereditament, he is 
 said to be seised as of fee, and not in his 
 demesne as of fee; Litt. § 10; 17 Serg. & 
 R. (Pa.) 196; Jones, Land tit. 166. 
 
 Formerly it was the practice in an action 
 on the case — e. g. for a nuisance to real es- 
 tate — ^to aver in the declaration the seisin 
 of the plaintiff in demesne as of fee; and 
 this is still necessary, in order to estop the 
 record with the land, so that it may run 
 with or attend the title. Archb. Civ. PI. 
 104; Coke, Entr. 9, pi. 8; Lilly, Entr. 62; 
 1 Saund, 346; Willes, 508. But such an ac- 
 tion may be maintained on the possession 
 as well as on the seisin, although the effect 
 of the record in this case upon the title 
 would not be the same. Steph. PI. 322; 1 
 Lutw. 120; 2 Mod. 71; 4 Term R. 718; 2 
 Wm. Saund. 113b; Cro. Car. 500, 575. 
 
 DEMESNE LANDS. A phrase meaning 
 the same as "demesne." 
 
 DEMESNE LANDS OF THE CROWN. 
 That share of lands reserved to the crown 
 at the original distribution of landed prop- 
 erty, or which came to it afterwards by for- 
 feiture or otherwise. 1 Sharswood, Bl. 
 Comm. 286; 2 Steph. Comm. 550. 
 
 DEMESNIAL. Pertaining to a demesne. 
 
 DEMI-MARK. A sum of money (6s., 8d., 3 
 Bl. Comm. App. v.) tendered and paid into 
 court in certain cases in the trial of a writ 
 of right by the grand assize. Co. Litt. 294b; 
 Booth, Real Actions, 98. 
 
 It was paid by the tenant to obtain an 
 inquiry by the grand assize into the time of 
 the demandant's seisin. 1 Reeve, Hist. Eng. 
 Law, 429; Stearns, Real Actions, 378, and 
 
 note. It compelled the demandant to begin. 
 3 Chit. PI. 1373. It is unknown in Ameri- 
 can practice. 13 Wend. (N. Y.) 546; 
 Stearns, Real Actions, 878. 
 
 DEMINUTIO. In civil law. A taking 
 away; loss or deprivation. See "Capitaa 
 Deminutio." 
 
 DEMI-OFFICIAL. Partly official or au- 
 thorized. 
 
 DEMI-SANGUE, or DEMY-SANGUE (Law 
 Fr.) Half blood. 
 
 DEMI-VILL. Half a tithing. 
 
 DEMIDIETAS. A word used in ancient 
 records for a moiety, or one-half. 
 
 DEMIES. In some universities and col- 
 leges this term is synonymous with "schol- 
 ars." Boyle, Char. 129. 
 
 DEMISE. 
 
 (1) A conveyance, either in fee for life 
 or for years. A lease or conveyance for a 
 term of years. According to Chief Justice 
 Gibson, the term strictly denotes a post- 
 liumous grant, and no more. 5 Whart. (Pa.) 
 278. See 4 Bing. N. C. 678; 2 Bouv. Inst, 
 note 1774 et seq. 
 
 (2) A term nearly synonymous with 
 "death," appropriated in England especial- 
 ly to denote the decease of the king or 
 queen. 
 
 DEMISE AND RE-DEMISE. A convey- 
 ance by mutual leases made from one to 
 another on each side of the same land, or 
 of something issuing from it. A lease for 
 a given sum, — usually a mere nominal 
 amount, — and a release for a larger rent. 
 Toullier, Dr. Civ.; Whishaw; Jacob. 
 
 DEMISE OF THE KING. The natural dis- 
 solution of the king. 
 
 The term is said to denote in law merely 
 a transfer of the property of the crown. 1 
 Bl. Comm. 249. By demise of the crown, 
 we mean only that, in consequence of the 
 disunion of the king's natural body from 
 his body politic, the kingdom is transferred 
 or demised, to his successor, and so the royal 
 dignity remains perpetual. Plowd. 117, 234. 
 
 A similar result, viz., the perpetual ex- 
 istence of the president of the United 
 States, has been secured by the constitu- 
 tion and subsequent statutes. 1 Sharswood, 
 Bl. Comm. 249. 
 
 DEM I SI. I have demised or leased. De- 
 misi, concessi, et ad firmam tradidi, have 
 demised, granted, and to farm let. The 
 usual operative words in ancient leases, as 
 the corresponding English words are in the 
 modern forms. 2 Bl. Comm. 317, 318. 
 
 DEMOLISH. To pull down or destroy, or 
 begin to demolish, pull down or destroy. 60 
 L. J. M. C. 143. A substantial destruction 
 is a demolition, even though a small part of 
 the building be left uninjured. And a like 
 
DEMONSTRATIO 
 
 299 
 
 DEMURRER 
 
 meaning is to be given to "feloniously demol- 
 ished, pulled down, or destroyed, wholly or 
 in part." Car. & M. 602. 
 
 DEMONSTRATIO. Description. 
 Falsa demonstratio non nocet, a false de- 
 scription does not injure. 
 
 DEMONSTRATION. (Lat. demonstrare, 
 to point out). Whatever is said or writ- 
 ten to designate a thing or person. 
 
 Several descriptions may be employed to 
 denote the same person or object; and the 
 rule of law in such cases is that, if one of 
 the descriptions be erroneous, it may be re- 
 jected, if, after it is expunged, enough will 
 remain to identify the person or thing in- 
 tended. For falsa demonstratio non nocet. 
 The meaning of this rule is that, if there 
 be an adequate description with convenient 
 certainty of what was contemplated, a sub- 
 sequent erroneous addition will not vitiate 
 it. The complement of this maxim is, non 
 acdpi debent verba in demonstrationem fal- 
 sam quae competent in limitationem veram; 
 which means that if it stand doubtful upon 
 the words whether they import a false ref- 
 erence or demonstration, or whether they 
 be words of restraint that limit the gener- 
 ality of the former words, -the law will 
 never intend error or falsehood. If, there- 
 fore, there is some object wherein all the 
 demonstrations are true, and some wherein 
 part are true and part false, they shall be 
 intended words of true limitation to ascer- 
 tain that person or thing wherein all the 
 circumstances are true. 4 Exch. 604, per 
 Alderson, B.; 8 Bing. 244; Broom, Leg. 
 Max. 490; Plowd. 191; 7 Gush. (Mass.) 460. 
 
 The rule that falsa demonstratio does not 
 vitiate an otherwise good description ap- 
 plies to every kind of statement of fact. 
 Some of the particulars in an averment in a 
 declaration may be rejected if the declara- 
 tion is sensible without them, and by their 
 presence is made insensible or defective. 
 Yelv. 182. 
 
 In Evidence. That proof which ex- 
 eludes all possibility of error. 
 
 DEMONSTRATIVE LEGACY. A pecun- 
 iary legacy, coupled with a direction that it 
 be paid out of a specific fund. 
 
 DEMPSTER, or DEEMSTER. In Scotch 
 law. A doomsman; one who pronounced 
 the sentence of court. 1 How. St. Tr. 937. 
 
 DEMURRAGE. The delay of a vessel by 
 the freighter beyond the time allowed for 
 loading, unloading, or sailing. 3 Kent. 
 Comm. 203. 
 
 Payment for such delay. 
 
 Demurrage is an extended freight or re- 
 ward to the vessel in compensation for earn- 
 ings she is compelled to lose. Abb. Adm. (D. 
 C.) 548. 
 
 The term is also applied to the payment 
 for delay of railroad equipment. 
 
 DEMURRANT. One who demurs to a 
 •pleading or indictment. 
 
 DEMURRER (Lat. demorari; old Fr. 
 demorrer, to stay; to abide). 
 
 In Pleading at Law. An allegation 
 
 that, admitting the facts of the preceding 
 pleading to be true as stated by the party 
 making it, he has yet shown no cause why 
 the party demurring should be compelled 
 by the court to proceed further. A declara- 
 tion that the party demurring will go no 
 further, because the other has shown noth- 
 ing against him. 5 Mod. 232; Co. Litt. 71b. 
 It imports that the objecting party will not 
 proceed, but will wait the judgment of the 
 court whether he is bound so to do. Co. 
 Litt. 71b; Steph. PL 61. 
 
 A general demurrer is one which excepts 
 to the sufficiency of a previous pleading in 
 general terms; such a demurrer being suf- 
 ficient if the objection is to matters of sub- 
 stance. Steph. PI. 159. 
 
 A special demurrer is one which shows 
 specifically the nature of the objection, and 
 the ground of exception. Co. Litt. 72a. 
 
 In Equity Pleading. An allegation of a 
 
 defendant, which, admitting the matters of 
 fact alleged by the bill to be true, shows 
 that as they are therein set forth they are 
 insufficient for the plaintiff to proceed upon 
 or to oblige the defendant to answer; or, 
 that, for some reason apparent on the face 
 of the bill, or on account of the omission 
 of some matter which ought to be contained 
 therein, or for want of some circumstances 
 which ought to be attendant thereon, the 
 defendant ought not to be compelled to an- 
 swer to the whole bill, or to some certain 
 part thereof. Mitf. Eq. PI. (Jeremy Ed.) 
 107. 
 
 Demurrers are general, where no particu- 
 lar cause is assigned except the usual for- 
 mulary that there is no equity in the bill; 
 or special, where the particular defects are 
 pointed out. Story, Eq. PI. § 455. General 
 demurrers are used to point out defects 
 of substance ; special, to point out defects in 
 form. 
 
 In many states, the grounds of demurrer 
 and the requisites of a demurrer are regu- 
 lated by statute. Thus, in Minnesota a 
 complaint may be demurred to for (1) ab- 
 sence of jurisdiction; (2) lack of legal ca- 
 pacity in plaintiff to sue; (3) another ac- 
 tion pending; (4) defect of parties; (5) 
 misjoinder of causes of action; (6) failure 
 to state facts sufficient to constitute a cause 
 of action. The demurrer must distinctly 
 specify the ground of objection as being 
 one of those enumerated by Gen. St. Minn. 
 1878, c. 66, §§ 92, 93. 
 
 In Practice. Demurrer to evidence is 
 
 a declaration that the party making it will 
 not proceed, because the evidence offered 
 on the other side is not sufficient to main- 
 tain the issue. 28 Ala. (N. S.) 637. Upon 
 joinder by the opposite party, the jury is 
 generally discharged from giving any ver- 
 dict (1 Archb. Prac. 186) ; and the demur- 
 rer, being entered on record, is afterwards 
 argued and decided by the court in banc; 
 and the judgment there given upon it may 
 
DEMURRER BOOK 
 
 300 
 
 DENMAN'S (LORD) ACT 
 
 ultimately be brought before a court of er- 
 ror. See 2 H. BI. 187; 4 Chit. Prac. 15; 
 Gould, PL c. 9, pt. 2, § 47. It admits the 
 truth of the evidence given, and the legal 
 deductions therefrom. 14 Pa. St. 275. As 
 to the right so to demur, and the practice, 
 see 4 Iowa, 63. 
 
 Demurrer to interrogatories is the rea- 
 son which a witness tenders for not answer- 
 ing a particular question in interrogatories. 
 2 Swanst. Ch. 194. It is not, strictly speak- 
 ing, a demurrer, except in the popular sense 
 of the word. Gresl. Eq. Ev. 61. The court 
 are judicially to determine its validity. The 
 witness must state his objection very care- 
 fully, for these demurrers are held to strict 
 rules, and are readily overruled if they cov- 
 er too much. 2 Atk. 524; 1 Younge & J. 
 132. 
 
 See, generally, as to demurrer, Bouv. 
 Inst. Index. 
 
 DEMURRER BOOK. In English practice. 
 A transcript of all the pleadings that have 
 been filed or delivered between the parties 
 made upon the formation of an issue at 
 law. Steph. PI. 95, 
 
 DEMY SANKE, or DEMY SANGUE. Half- 
 blood. A corruption of demi-sang, 
 
 DEN AND STROND. Liberty for ships 
 and vessels to run aground or come ashore, 
 — strand themselves. Cowell. 
 
 DENARIATE. As much land as is worth 
 one penny per annum. Rapalje & L. 
 
 DENARII. An ancient general term for 
 any sort of pecunia numerata, or ready 
 money. The French use the word denier in 
 the same sense, payer de ses propres deni- 
 ers. 
 
 DENARII DE CARITATE. Customary ob- 
 lations made to a cathedral church at Pen- 
 tecost. 
 
 DENARII S. PETRI. Commonly called 
 "Peter's Pence." An annual payment on 
 St. Peter's feast of a penny from every fam- 
 ily to the pope, during the time that the 
 Roman Catholic religion was established in 
 England. 
 
 DENARIUS (Law Lat.; Fr. denier). A 
 penny; an English penny. By the statute 
 called Compositio Mensurarum, 51 Edw. I. 
 (Hen. III.), it was declared that the penny 
 sterling of England, denarius Angliae qui 
 nominatur sterlingus, should weigh 32 
 grains of corn from the middle of the ear, 
 and 20 pennies (penny weights) should 
 make an ounce, and 12 ounces a pound. 
 Spelmaji; Pleta, lib. 2, c. 12. See 2 Inst. 
 575. 
 
 In the Roman Law. A silver coin of 
 
 the value of ten asses, or ten pounds of 
 brass. Its value in modern money is esti- 
 mated at 7%d. sterling, or about 14% cents. 
 Enc. Am. Brande. 
 
 DENARIUS DEI. A certain sum of money 
 which is given by one of the contracting 
 parties to the other as a sign of the com- 
 pletion of the contract. 
 
 It differs from arrhae in this, that the 
 latter is a part of the consideration, while 
 the denarius Dei is no part of it. 1 Duv. 
 note 132; 3 Duv. note 49; Repert. de Jur. 
 "Denier a Dieu." 
 
 It does not bind the parties, as he who 
 received it may return it in a limited time, 
 or the other may abandon it, and avoid the 
 engagement. 
 
 DENARIUS TERTIUS COMITATUS (Law 
 Lat.) In old English law. The third penny 
 of the county; the third part of the fines 
 and profits arising from the county court, 
 which anciently were reserved to the comes, 
 or earl, as his official stipend. Spelman, 
 voc. "Comes"; LL. Edw. Conf. c. 1; Cowell. 
 
 DENIAL. In pleading. A traverse of the 
 statement of the opposite party; a defense. 
 
 It may be general of all the allegations 
 in a pleading, or a particular part thereof, 
 or special of certain stated facts. 
 
 DENIER (Law Fr.) In old English law. 
 Denial; refusal. Denier is when the rent 
 (being demanded upon the land) is not 
 paid. Finch, Law, bk. 3, c. 5. 
 
 DENIER A DIEU. In French law. A sum 
 of money which the hirer of a thing gives 
 to the other party as evidence, or for the 
 consideration of the contract, which either 
 party may annul within twenty-four hours; 
 the one who gave the denier a Dieu by de- 
 manding, and the other by returning it. 
 See "Denarius Dei." 
 
 DENIZATION. The act by which a for- 
 eigner becomes a subject, but without the 
 rights either of a natural-born subject, or of 
 one who has become naturalized. Bac. Abr. 
 "Aliens" (B). 
 
 DENIZE. To make a denizen. 
 
 DENIZEN. In English law. An alien born 
 who has obtained, ex donatione legis, let- 
 ters patent to make him an English subject. 
 
 He is intermediate between a natural- 
 born subject and an alien. He may take 
 lands by purchase or devise, which an alien 
 cannot; but he is incapable of taking by 
 inheritance. 1 Bl. Comm. 374. 
 
 In South Carolina, and perhaps in other 
 states, this civil condition is well known to 
 the law, having been created by statute. 
 
 The right of making denizens is not ex- 
 clusively vested in the king, for it is pos- 
 sessed by parliament, but is scarcely ever 
 exercised but by royal power. It may be 
 effected by conquest. 7 Coke, 6a; 2 Ventr. 6; 
 Comyn, Dig. "Alien" (D 1); Chit. Com. 
 Law, 120. 
 
 DENMAN'S (LORD) ACT. St. 6 & 7 Vict. 
 85. For the amendment of the law of evi- 
 dence, which provides that no person of- 
 
DENMAN'S (MR.) ACT 
 
 301 
 
 DEPENDENT 
 
 fered as a witness shall thereafter be ex- 
 cluded by reason of incapacity, from crime 
 or interest, from giving evidence. Whar- 
 ton. 
 
 DENMAN'S (MR.) ACT. St. 28 & 29 Vict. 
 18. For amendment of procedure in crim- 
 inal trials, allowing counsel to sum up the 
 evidence in criminal as in civil trials, pro- 
 vided the prisoner be defended by counsel. 
 Wharton. 
 
 DENOMBREMENT. n French feudal law. 
 A minute or act drawn up, on the creation 
 of a fief, containing a description of the 
 fief, and all the rights and incidents belong- 
 ing to it. Guyot, Inst. Feud. c. 3. 
 
 DENOMINATIO FIERI DEBET A DIGNI- 
 oribus. Denomination should be made from 
 the more worthy. 
 
 DENOUNCEMENT. (In Mexican law.) A 
 denouncement was a judicial proceeding, 
 and though real property might be acquired 
 by an alien in fraud of the law — that is 
 without observing its requirements — ^he 
 nevertheless retained his right and title 
 to it, liable to be deprived of it by the proper 
 proceeding of denouncement, which in its 
 substantive characteristics was equivalent 
 to the inquest of oflBce found, at common 
 law. 26 Cal. 477. 
 
 DENUMERATION. The act of present 
 payment. Rapalje & L. 
 
 DENUNCIATION. In civil law. The act 
 by which an individual informs a public 
 officer, whose duty it is to prosecute offend- 
 ers, that a crime has been committed. See 
 1 Brown, Civ. Law, 447; 2 Brown, Civ. Law, 
 389; Ayliflfe, Par. 210; Poth. Proc. Cr. 2, 
 § 2. 
 
 DENUNTIATIO. In old English law. A 
 public notice or summons. Bracton, 202b. 
 
 DEODAND. Any personal chattel what- 
 ever which is the immediate cause of the 
 death of a human creature, which is for- 
 feited to the king, to be distributed in alms 
 by his high almoner. 1 Bl. Comm. 301; 1 
 Hale, P. C. 422. 
 
 DEPART. 
 
 In Pleading. To forsake or abandon 
 
 the ground assumed in a former pleading, 
 and assume a new one. See "Departure." 
 
 In Old English Law. To divide or 
 
 separate; to part. Cowell. 
 
 —In Maritime Law. To leave a port; to 
 be out of a port. To depart imports more 
 than to sail, or set sail. A warranty in a 
 policy that a vessel shall depart on or be- 
 fore a particular day is a warranty not only 
 that she shall sail, but that she shall be out 
 of the port on or before that day. 3 Maule 
 & S. 461; 3 Kent, Comm. 307. note. "To 
 depart" does not mean merely to break 
 ground, but fairly to set forward upon the 
 voyage. 6 Taunt. 241. 
 
 DEPARTMENT. A portion of a country. 
 
 In Prance, the country is divided into de- 
 partments, which are somewhat similar to 
 the counties in this country. The United 
 States have been divided into military de- 
 partments, including certain portions of the 
 country. 1 Pet. (U. S.) 293. These depart- 
 ments are, for the purposes for which they 
 are created, under the immediate govern- 
 ment of some officer, who is, in turn, re- 
 sponsible to his superior. 
 
 A portion of the agents employed by the 
 executive branch of the United States gov- 
 ernment, to whom a specified class of du- 
 ties is assigned. 
 
 DEPARTURE. 
 
 In Maritime Law. A deviation from 
 
 the course prescribed in the policy of in- 
 surance. It may be justifiable. See "Devia- 
 tion." 
 
 In Pleading, The statement of matter 
 
 in a replication, rejoinder, or subsequent 
 pleading, as a cause of action or defense, 
 which is not pursuant to the previous 
 pleading of the same party, and which does 
 not support and fortify it. 3 Bl. Comm. 301. 
 
 Where a party quits or departs from the 
 case or defense he has just made, and has 
 recourse to another. 13 N. Y. 89. 
 
 DEPARTURE IN DESPITE OF COURT. 
 
 This took place where the tenant, having 
 once made his appearance in court upon 
 demand, failed to reappear when demanded. 
 Co. Litt. 139a. As the whole term is, in 
 contemplation of law, but a single day, an 
 appearance on any day, and a subsequent 
 failure to reappear at any subsequent part 
 of the term, is such a departure.. 8 Coke, 
 62a; 1 Rolle, Abr. 583; Mete. Yelv. 211; 
 Roscoe, Real Actions, 283. 
 
 DEPASTURE. In old English law. To 
 pasture. "If a man depastures unprofitable 
 cattle in his ground." Bunb. 1, case 1. 
 
 DEPECULATION. A robbing of the 
 prince or commonwealth; an embezzling of 
 the public treasure. 
 
 DEPENDENCY, A territory distinct from 
 the country in which the supreme sover- 
 eign power resides, but belonging rightfully 
 to it, and subject to the laws and regula- 
 tions which the sovereign may think proper 
 to prescribe. 
 
 It differs from a "colony," because it is 
 not settled by the citizens of the sovereign 
 or mother state; and from "possession," 
 because it is held by other title than that 
 of mere conquest. For example, Malta was 
 considered a dependency of Great Britain 
 in the year 1813. 3 Wash. C. C. (U. S.) 
 286. See Act Cong. March 1, 1809, com- 
 monly called the "Nonimportation Law." 
 
 The state of being dependent for sup- 
 portl So used in Workmen's Compensation 
 Acts. 
 
 DEPENDENT. One who depends; one 
 who is sustained by another, or who relies 
 
DEPENDENT CONTRACT 
 
 302 
 
 DEPOSIT OF TITLE DEEDS 
 
 on another for support or favor. 251 111. 
 256. 
 
 DEPENDENT CONTRACT. One which it 
 is not the duty of the contractor to per- 
 form until some obligation contained in thp 
 same agreement has been performed by the 
 other party. Hammond, Part. 17, 29, 30, 
 109. 
 
 DEPENDENT COVENANTS. Those In 
 which the performance of one depends on 
 the performance of the other. 
 
 DEPENDING. Sometimes used for "pend- 
 ing." 
 
 DEPESAS. In Spanish-American law. 
 Spaces of ground in towns reserved for 
 commons or public pasturage. 12 Pet. (U. 
 S.) 443, note. White, New Recop. bk. 2, tit. 
 1, c. 6. 
 
 DEPONE. In Scotch practice. To depose; 
 to make oath in writing. 
 
 DEPONENT. One who gives information, 
 on oath or affirmation, respecting some 
 facts known to him, before a magistrate; 
 strictly, he who makes a deposition; but 
 sometimes used for "affiant." 
 
 DEPONER. In old Scotch practice. A de- 
 ponent. 3 How. St. Tr. 695. 
 
 DEPOPULATIO AGRORUM. In old Eng- 
 lish law. The crime of destroying, ravag- 
 ing, or laying waste a country. 2 Hale, P. 
 C. 333; 4 Bl. Comm. 373. 
 
 DEPOPULATION. In old English law. A 
 species of waste, by which the population 
 of the kingdom was diminished. Depopula- 
 tion of houses was a public offense. 12 
 Coke, 30, 31. 
 
 DEPORTATIO (Lat.) In the civil law. A 
 kind of banishment, where a condemned 
 person was sent or carried away to some 
 foreign country, usually to an island, in 
 insulam deportatur, and thus taken out of 
 the number of Roman citizens, ex numero 
 eivium Bomanorum tollitur, being treated 
 as though he were dead. Inst. 1. 12. 1. It 
 was banishment for life, attended with the 
 loss of civil rights, and the forfeiture of 
 property. Relegatio was banishment for 
 years, without the loss of civil rights. Dig. 
 48. 22; Calv. Lex. Bracton uses the term 
 deportatio as synonymous with "exile," "ab- 
 juration of the realm," and "outlawry." 
 Bracton, fol. 136b. 
 
 DEPORTATION. In Roman law. A per- 
 petual banishment, depriving th6 banished 
 of his rights as a citizen. It differed from 
 "relegation" {q. v.) and "exile" (g. v.) 1 
 Brown, Civ. Law, 125, note; Inst. 1. 12. 1. 
 2; Dig. 48. 22. 14. 1. 
 
 In English law the word referred to sen- 
 tences to servitude in penal colonies. 
 
 In American law the word usually re- 
 fers to the compulsory removal from the 
 country of undesirable aliens. 
 
 DEPOSE. To deprive an individual of a 
 public employment or office against his will. 
 Wolfflus, Inst. § 1063. The term is usually 
 applied to the deprivation of all authority 
 of a sovereign. 
 
 To give a deposition. 
 
 DEPOSIT. A naked bailment of goods to 
 be kept for the depositor without reward, 
 and to be returned when he shall require it. 
 Jones, Bailm. 36, 117; 9 Mass. 470. 
 
 A bailment of goods to be kept by the 
 bailee without reward, and delivered ac- 
 cording to the object or purpose of the orig- 
 inal trust. Story, Bailm. § 41. 
 
 A contract by which one of the contract- 
 ing parties gives a thing to another to keep, 
 who is to do so gratuitously, and obliges 
 himself to return it when he shall be re- 
 quested. 
 
 To constitute a deposit, there must be (1) 
 an actual delivery of the property; (2) the 
 object must be to keep the property for the 
 owner; (3) the custody must be gratuitous; 
 (4) the deposit must be with another than 
 the owner; and (5) there must be a volun- 
 tary undertaking by the bailee. Story, 
 Bailm. §§ 55-60. 
 
 Deposits are divided in the civil law in- 
 to necessary and voluntary. 
 
 (1) Necessary deposits are those made 
 upon some sudden emergency, as of fire or 
 shipwreck. 
 
 (2) Voluntary deposits are those made, 
 in the absence of necessity, by contract of 
 the parties. This distinction was unknown 
 at common law. 
 
 Deposits are again divided in the civil 
 law into simple deposits and sequestrations. 
 
 (3) Simple deposits are those made by 
 one or more persons having a common in- 
 terest. 
 
 (4) Deposit!) by sequestration are by per- 
 sons having different or adverse interests 
 in the property. Sequestrations are (a) 
 conventional, by act of the parties, or _(b) 
 judicial) by order of a court in a judicial 
 proceeding. 
 
 There are also certain contracts in the 
 nature of deposits, and commonly regarded 
 as such. 
 
 Irregular deposits, where money is depos- 
 ited to be returned not in specie, but by an 
 equal sum. 
 
 QiMsi deposits, where one comes lawfully 
 into the possession of goods of another by 
 finding. Story, Bailm. §§ 41-85. 
 
 In modern usage, the term is most fre- 
 quently used to denote the deposit of money 
 in a banking institution. Deposits in bank 
 are general if the money deposited becomes 
 the property of the bank, and it undertakes 
 to repay only an equal amount Special, if 
 the particular funds are to be returned. 
 
 DEPOSIT OF TITLE DEEDS. A pledge 
 of land as security by giving the muniments 
 of title to the pledgee. It is now seldom, if 
 ever, used. 
 
DEPOSITARY 
 
 303 
 
 DERAIGN, DEREYN 
 
 DEPOSITARY. One with whom anything 
 is deposited (see "Deposit") or lodged In 
 trust; as "depository" is the place where 
 it is put. The obligation on the part of the 
 depositary is that he keep the thing with 
 reasonable care, and, upon request, restore 
 it to the depositor, or otherwise deliver it, 
 according to the original trust. 
 
 DEPOSITION. The testimony of a wit- 
 ness reduced to writing, in due form of law, 
 by virtue of a commission or other author- 
 ity of a competent tribunal, or according to 
 the provisions of some statute law, to be 
 used on the trial of some question of fact in 
 a court of justice. 
 
 In some states it is applied to the testi- 
 mony taken on a preliminary hearing, and 
 reduced to writing by the committing mag- 
 istrate. 
 
 In its generic sense, it embraces all writ- 
 ten evidence verified by oath, and includes 
 affidavits, but in legal language, a distinc- 
 tion is maintained between depositions and 
 affidavits. 3 Blatchf. (U. S.) 456. 
 
 In its technical sense, it is confined to 
 the written testimony of a witness given 
 in a judicial proceeding. 53 Am. Dec. 270. 
 
 In Ecclesiastical Law. The act of de- 
 priving a clergyman, by a competent tri- 
 bunal, of his clerical orders, to punish him 
 for some offense, and to prevent his acting 
 in future in his clerical character. Ayliffe, 
 Par. 206. 
 
 DEPOSITO. In Spanish law. A real con- 
 tract by which one person confides to the 
 custody of another an object on the condi- 
 tion that it shall be returned to him when- 
 ever he shall require it. 
 
 DEPOSITOR. He who makes a deposit. 
 
 DEPOSITUM (Lat. from deponere, to de- 
 posit). In the civil and common law. A 
 naked bailment of goods, to be kept for the 
 bailor without reward, and to be returned 
 when he shall require it. Story, Bailm. 
 §1 4, 41; 2 Kent, Comm. 558, 559; Jones, 
 Bailm. 36; Inst. 3. 15. 3; Bracton, fol. 100b; 
 Dig. 16. 3; Code, 4. 34; Fleta, lib. 2, c. 56, 
 S 7. Otherwise termed "deposit" (q. v.); 
 the bailor being in this case termed the "de- 
 positor," and the bailee the "depositary." 
 Bell, Diet. 
 
 DEPOT. In the French law. The depos- 
 itum of the Roman, and the "deposit" of 
 the English law. It is of two kinds, being 
 either (1) depot simply so called, and which 
 may be either voluntary or necessary, and 
 (2) sequestre, which is a deposit made eith- 
 er under an agreement of the parties, and 
 to abide the event of pending litigation re- 
 garding it, or by virtue of the direction of 
 the court or a judge, pending litigation re- 
 garding it. Brown. 
 
 DEPRAVE. To defame; vilify; exhibit 
 contempt for. In England, depraving the 
 Lord's supper or the Book of Common 
 Prayer is a criminal offense, punishable 
 
 with fine and imprisonment. Steph. Crim. 
 Dig. 99. 
 
 DEPREDATION. In French law. The 
 pillage which is made of the goods of a de- 
 cedent. 
 
 DEPRIVATION. In ecclesiastical law. A 
 censure by which a clergyman is deprived 
 of his parsonage, vicarage, or other eccle- 
 siastical promotion or dignity. See Ayliffe, 
 Par. 206; 1 Bl. Comm. 393. 
 
 DEPUTY. One authorized by an officer to 
 exercise the office or right which the officer 
 possesses, for and in place of the latter. 
 
 A deputy differs from an assignee in that 
 an assignee has an interest in the office 
 itself, and does all things in his own name, 
 for whom his grantor shall not answer ex- 
 cept in special cases, but a deputy has not 
 any interest in the office, but is only the 
 shadow of the officer in whose name he acts. 
 And there is a distinction between doing an 
 act by an agent or by a deputy. An agent 
 can only bind his principal when he acts In 
 the name of the principal. But a deputy 
 may do the act, and sign his own name, and 
 bind the principal, for a deputy has in law 
 the whole power of his principal. Wharton. 
 
 DEPUTY STEWARD. A steward of a 
 manor may depute or authorize another to 
 hold a court; and the acts done in a court 
 so holden will be as legal as if the court 
 had been holden by the chief steward in 
 person. So an under steward or deputy 
 may authorize another as subdeputy, pro 
 hoc vice, to hold a court for him; such lim- 
 ited authority not being inconsistent with 
 the rule delegatus -non potest delegare. 
 Wharton. 
 
 DERAIGN, DEREYN, or DEREINE (Law 
 Lat. deraUonare, dirationare, or disration- 
 are; Law Fr. dereiner, derener, disreigner, 
 disrener, contra for deraisner or deraison- 
 er). In old English law. To prove; to "de- 
 raign the warranty paramount." St. 31 Hen. 
 VIII. c. 1; Cowell. See Glanv. lib. 2, c. 3; 
 Id. c. 6, 20; 1 Reeve, Hist. Eng. Law, 123; 
 Spelman, voc. "Dirationare." 
 
 In Texas, and perhaps other states, it is 
 used to signify the assertion or proof of 
 title from an ancestor or predecessor, e. g., 
 "to deraign title from the original paten- 
 tee or pre-emptor." 
 
 To disprove or refute the assertion of an 
 adverse party. Spelman makes this to be 
 the proper meaning, relying in particular 
 upon the etymology of disrationare (from 
 dis, contrary, and ratiodnari, to reason) . 
 
 To deny or refuse. "He cannot deraign 
 battel." Dyer, 137. See Barr. Obs. St. 328. 
 
 To put out of place or order; to displace 
 or disarrange; to turn one out of his order; 
 to degrade. Some of the old books give the 
 words this sense, deriving it either from the 
 French disarrayer, to confound, or derayer, 
 desranger, to derange or displace. Termes 
 de la Ley; Cowell; Co. Litt. 136; Perkins, 
 
DERECHO 
 
 304 
 
 DESCENT 
 
 c. 1, § 3 (G). This derivation, however, is 
 not approved by Spelman. 
 
 DERECHO. In Spanish law. Law or right. 
 White, New Recop. bk. 4, tit. 4. Derecho 
 comun, common law. The civil law is so 
 called. Id. bk. 2, tit. 13, c. 1, § 5. A right. 
 Dereehos, rights. 
 
 DERELICT. Abandoned; deserted; cast 
 away. 
 
 Land left uncovered by the receding of 
 water from its former bed. 2 RoUe, Abr. 
 170; 2 Bl. Comm. 262; 1 Crabb, Real Prop. 
 109. 
 
 When so left by degrees, the derelict land 
 belongs to the owner of the soil adjoining; 
 but when the sea retires suddenly, it be- 
 longs to the government. 2 Bl. Comm. 262; 
 1 Brown, Civ. Law, 239; 1 Sumn. (U. S.) 
 328, 490; 1 Gall (U. S.) 133; Bee, Adm. 
 (U. S.) 62, 178, 260; Ware (U. S.) 332. 
 
 Personal property abandoned or thrown 
 away by the owner in such manner as to 
 indicate that he intends to make no further 
 claim thereto. 2 Bl. Comm. 9; 2 Reeve, 
 Hist. Eng. Law, 9; 1 C. B. 112; Broom, Leg. 
 Max. Vessel 261. 
 
 DERELICTION (Lat. derelictio). The 
 gaining of land from the water, in conse- 
 quence of the sea shrinking back below the 
 usual water mark; the opposite of alluvion 
 (q. V.) 2 Rolle, Abr. 170; Dyer, 326b; 2 
 Bl. Comm. 262; 1 Steph. Comm. 419. 
 
 The abandonment of property. 2 Bl. 
 Comm. 9. 
 
 DERIVATIVA POTESTAS NON POTEST 
 esse major primitiva. The power which Is 
 derived cannot be greater than that from 
 which it is derived. Wingate, Max. 36; 
 Finch, Law, bk. 1, c. 3, p. 11. 
 
 DERIVATIVE. Coming from another; 
 taken from something preceding; second- 
 ary; as, derivative title, which is that ac- 
 quired from another person. 
 
 There is considerable difference between 
 an original and a derivative title. When 
 the acquisition is original, the right thus 
 acquired to the thing becomes property, 
 which must be unqualified and unlimited, 
 and, since no one but the occupant has any 
 right to the thing, he must have the whole 
 right of disposing of it. But with regard 
 to derivative acquisition it may be other- 
 wise; for the person from whom the thing 
 is acquired may not have an unlimited 
 right to it, or he may convey or transfer 
 it with certain reservations of right. De- 
 rivative title must always be by contract. 
 
 Derivative Conveyances. Those which 
 
 presuppose some precedent conveyance, and 
 serve only to enlarge, confirm, alter, re- 
 strain, restore, or transfer the interest 
 granted by such original conveyance. 3 Bl. 
 Comm. 324. 
 
 DEROBARE. Law Lat. (from Fr. desrob- 
 ber, disrober). In old European law. To 
 steal; to pilfer. Spelman. 
 
 DEROGARE. (Lat. from de, from, and 
 rogare, to pass a law). In the civil and old 
 English law. To derogate or diminish; to 
 take from or impair the authority, valid- 
 ity or effect of a law or contract; to repeal 
 some clause of an old law by a new one. 
 
 DEROGATION. The partial abrogation of 
 a law. To derogate from a law is to enact 
 something which impairs its utility and 
 force; to abrogate a law is to abolish it en- 
 tirely. See "Abrogation," 
 
 DEROGATORY CLAUSE. In a will, this 
 is a sentence or secret character inserted 
 by the testator, of which he reserves the 
 knowledge to himself, with a condition that 
 no will he may make thereafter should be 
 valid, unless this clause be inserted word 
 for word. This is done as a precaution to 
 guard against later wills being extorted by 
 violence, or otherwise improperly obtained. 
 By the law of England such a clause would 
 be void, as tending to make the will ir- 
 revocable. Wharton. 
 
 DEROGATUR LEGI, CUM PARS DETRA- 
 hltur; abrogatur legi, cum prorsus tollltur. 
 To derogate from a law is to take away 
 part of it; to abrogate a law is to abolish it 
 entirely. Dig. 50. 16. 102. See 1 Bouv. Inst, 
 note 91. 
 
 DESAFUERO. In Spanish law. An irreg- 
 ular action committed with violence against 
 law, custom, or reason. 
 
 DESCENDANTS. Those who have issued 
 from an individual, including his children, 
 grandchildren, and their children to the re- 
 motest degree. Amb. 327; 2 Brown, 30, 230; 
 3 Brown, 367, 1 Rop. Leg. 115; 2 Bouv 
 Inst, note 1956. 
 
 The descendants from what is called thq 
 "direct descending line." The term is op- 
 posed to that of "ascendants." 
 
 "Descendants" is a good term of descrip- 
 tion in a will, and includes all who proceed , 
 from the body of the person named; as 
 grandchildren and great-grandchildren. 
 Amb. 397; 2 Vern. 108, note 2; 2 Hilliard, 
 Real Prop. 242. 
 
 There is a difference between the number 
 of ascendants and descendants which a man 
 may have. Every one has the same order 
 of ascendants, though they may not be ex- 
 actly alike as to numbers, because some may 
 be descended from a common ancestor. In 
 the line of descendants they fork differently, 
 according to the number of children, and 
 continue longer or shorter, as generations 
 continue or cease to exist. Many families 
 become extinct, while others continue. The 
 line of descendants is, therefore, diversified 
 in each family. 
 
 DESCENDER. Descent. See "Formedon." 
 
 DESCENT. Hereditary succession. 
 
 Title by descent is the title by which one 
 person, upon the death of another, acquires 
 the real estate of the latter as his heir at 
 
DESCENT CAST 
 
 305 
 
 DESIGNATIO UNIUS 
 
 law. 2 Bl. Comm. 201; Comyn, Dig. "Dis- 
 cent" (A). 
 
 It was one of the principles of the feudal 
 system that, on the death of the tenant in 
 fee, the land should descend, and not ascend. 
 Hence the title by inheritance is in all cases 
 called descent, although by statute law the 
 title is sometimes made to ascend. 
 
 The English doctrine of primogeniture, 
 by which by the common law the eldest son 
 and his issue take the whole real estate, 
 has been universally abolished in this coun- 
 try. So, with few exceptions, has been the 
 distinction between male and female heirs. 
 
 Descent is either "lineal," as from father 
 to son, or "collateral," as from brother to 
 brother. 
 
 DESCENT CAST. The same as what the 
 older writers called a "descent which tolls 
 entry." Where a person who had acquired 
 land by disseisin, abatement, or intrusion 
 died seised of the land, the descent of it to 
 his heir took away or "tolled" the real 
 owner's right of entry, so that he could only 
 recover the land by an action. Litt. § 385 
 et seq.; Co. Litt. 237b. The doctrine of 
 descent cast was abolished by St. 3 & 4 
 Wm. IV. c. 27; Shelf. R. P. St. 228. 
 
 The term seems to have originally meant 
 "the happening of any descent," because 
 the law casts the land upon the heir. Litt. 
 I 385; Watk. Desc. 33. 
 
 DESCRIPTIO PERSONAE. Description 
 of the person. In wills, it frequently hap- 
 pens that the word "heir" is used as a de- 
 scriptio personae. It is then a sufficient des- 
 ignation of the person. In criminal cases,. 
 a mere descriptio personae or addition, if 
 false, can be taken advantage of only by 
 plea in abatement. 1 Mete. (Mass.) 151. 
 
 The most common use of the term is in 
 respect to designations as "agent," "execu- 
 tor," etc., attached to the name of one exe- 
 cuting an instrument. If such designation 
 is not sufficient to indicate that he is acting 
 in an official or representative capacity, it 
 is said to be descriptio personae, and he is 
 bound personally. See 120 Mass. 92 ; 136 N. 
 Y. 655; 5 111. 325; 19 Mo. 193. 
 
 DESCRIPTION. An account of the acci- 
 dents and qualities of a thing. Ayliffe, Pand. 
 60. 
 
 A written account of the state and condi- 
 tion of personal property, titles, papers, 
 and the like. It is a kind of inventory, but 
 is more particular in ascertaining the exact 
 condition of the property, and is. without 
 any appraisement of it. 
 
 iln Pleading. One of the rules which 
 
 regulate the law of variance is that allega- 
 tions of matter of essential description 
 should be proved as laid. It is impossible 
 to explain with precision the meaning of 
 these words ; and the only practical mode of 
 understanding the extent of the rule is to 
 examine some of the leading decisions on 
 the subject, and then to apply the reasoning 
 or ruling contained therein to other analo- ' 
 
 gous cases. With respect to criminal law, it 
 is clearly established that the name or na- 
 ture of the property stolen or damaged is 
 matter of essential description. Thus, for 
 example, if the charge is one of firing a 
 stack of hay, and it turns out to have been 
 a stack of wheat, or if a man is accused of 
 stealing a drake, and it is proved to have 
 been a goose, or even a duck, the' variance 
 is fatal. 1 Tayl. Ev. § 233. 
 
 Of Persons. Words identifying a per- 
 son by reference to a fiduciary or official 
 capacity, as "Executor," "Treasurer." Such 
 a word, without more, is generally regarded 
 as merely descriptio personae, and not as 
 indicative of intention to act in the official 
 or fiduciary capacity. See "Addition." 
 
 Of Land. That part of a deed or oth- 
 er instrument that describes or identifies 
 the property involved. 
 
 DESERT. (Lat. deserere). To leave or 
 quit with an intention not to return; to 
 forsake utterly; to abandon. 
 
 "In the common acceptance, both of the 
 common and canon law, doth signify only a 
 bare withdrawing, a temporary quitting of 
 a thing, and neglect only; which leaveth 
 the party at liberty of returning to it 
 again." 26 Barb. (N. Y.) 501. 
 
 DESERTION. Abandonment; the aban- 
 donment of a duty or of a person as to 
 whom the deserter is charged with a duty; 
 as desertion by a seaman, or a soldier, or 
 by a husband of his wife. 
 
 As a cause for divorce, is an unwarrant- 
 ed departure from the conjugal relation, 
 intending not to return. The precise ele- 
 ments vary according to the statutes. In 
 only one or two states is mere abstinence 
 from sexual intercourse regarded as deser- 
 tion. 
 
 The voluntary separation of one of the 
 married parties from the other, or the vol- 
 untary refusal to renew a suspended co- 
 habitation, without justification either in 
 the consent or the wrongful conduct of the 
 other. 122 111. App. 225. 
 
 DESERVIRE. (Law Lat.) To serve; as a 
 feudal tenant did his lord. 2 Bl. Comm. 284. 
 
 DESIGN. Ip the law of evidence. Pur- 
 pose or intention, combined with plan, or 
 implying a plan in the mind. Burr Circ. 
 Evid. 331; 95 Wis. 293. 
 
 As Term of Art. The giving of a visi- 
 ble form to the conceptions of the mind, 
 or, in other words, to the invention. 4 Wash. 
 52. 
 
 In Scotch Law. To assign to; to make 
 
 over. 
 
 DESIGNATIO PERSONAE. The descrip- 
 tion contained in a contract of the persons 
 who are parties thereto. 
 
 DESIGNATIO UNIUS EST EXCLUSIO 
 alterlus, et expressum facit cessare taciturn. 
 The appointment or designation of one is 
 the exclusion of another ; and that expressed 
 
DESIGNATION 
 
 306 
 
 DETERMINABLE FEE 
 
 makes that which is implied to cease. Co. 
 Litt. 210. 
 
 DESIGNATION. The expression used by 
 a testator to denote a person or thing, In- 
 stead of the name itself. 
 
 A bequest of the farm which the testator 
 bought of a person named, or of a picture 
 which he owns, painted by a certain artist, 
 would be a designation of the thing. A 
 legacy " to the eldest son" of A. would be a 
 designation of the person. See 1 Rop. Leg. 
 c. 2. 
 
 DESLINDE. In Spanish law. The act of 
 determining and indicating the boundaries 
 of an estate, county, or province. 
 
 DESMEMORIADOS. In Spanish law. Per- 
 sons without memory. White, New Recop. 
 lib. 1, tit. 2, c, 1, § 4. 
 
 DESPACHEURS. The name given, in 
 some countries, to persons appointed to set- 
 tle cases of average. Ord. Hamb. tit. 21, art. 
 10. 
 
 DESPERATE. Of which there Is no hope. 
 
 This term is used frequently in making 
 an inventory of a decedent's effects, when a 
 debt is considered so bad that there is no 
 hope of recovering it. It is then called a 
 desperate debt, and, if it be so returned, it 
 will be prima fade considered as desperate. 
 See Toller, Ex'rs., 248; 2 Williams, Ex'rs., 
 644; 1 Chit. Prac. 580; 11 Wend. (N. Y.) 
 361. 
 
 DESPITUS. A contemptible person. Fleta, 
 lib. 4, c. 5, § 4. 
 
 DESPONSATION. The act of betrothing 
 persons to each other. 
 
 DESPOSORIO. In Spanish law. Espous- 
 als; mutual promises of future marriage. 
 White, New Recop. bk. 1, tit, 6, c. 1, § 1. 
 
 DESPOT. This word, in its original and 
 most simple acceptation, signifies "master 
 and supreme lord." It is synonymous with 
 "monarch"; but taken in bad part, as it is 
 usually employed, it signifies a "tyrant." In 
 some states, "despot" is the title given to 
 the sovereign, as king is given in others. 
 Enc. Lond. 
 
 DESPOTISM. That abuse of government 
 where the sovereign power is not divided, 
 but united in the hands of a single man, 
 whatever may be his official title. It is 
 not, properly, a form of government. Ruth- 
 erforth, Inst. bk. 1, c. 20, § 1. 
 
 DESRENABLE. Unreasonable. Britt. c. 
 121. 
 
 DESTINATION. The Intended application 
 of a thing. 
 
 For example, when a testator gives to a 
 hospital a sum of money to be applied in 
 erecting buildings, he is said to give a 
 destination to the legacy. Mill stones taken 
 out of a mill to be picked, and to be re- 
 
 turned, have a destination, and are consid- 
 ered real estate, although detached from 
 the freehold. Heirlooms, although personal 
 chattels, are, by their destination, consid- 
 ered real estate; and money agreed or di- 
 rected to be laid out in land is treated as 
 real property. Newland, Cont. c. 3; 3 
 Wheat. (U. S.) 577; 2 Bell, Comm. 2; Ersk. 
 Inst. 2. 2. 14; Fonbl. Eq. bk. 1, c. 6, § 9. 
 See "Easement"; "Fixtures." 
 
 In Common Law. The port at which a 
 
 ship is to end her voyage is called her 
 "port of destination." 
 
 The place for ultimate delivery of goods 
 intrusted for carriage. 
 
 DESTRUCTION. A term used in old Eng- 
 lish law, generally in connection with 
 "waste," and having, according to some, the 
 same meaning. 1 Reeve, Hist. Bng. Law, 
 385; 3 Bl. Comm. 223. Britton, however, 
 makes a distinction between waste of woods 
 and destruction of houses, Britt. c. 66; St. 
 Marlb. c. 17. 
 
 DESUBITO. To weary a person with con- 
 tinual barkings, and then to bite, provided 
 against by old laws. 
 
 DESUETUDE. Disuse. 
 
 DETACH I ARE. To seize or take Into cus- 
 tody another's goods or person. 
 
 The word is given by Cowell, but seenis 
 a corruption of attaohiare. 
 
 DETAINER. Detention; the act of keep- 
 ing a person against his will, or of with- 
 holding the possession of goods or other per- 
 sonal or real property from the owner. 
 
 "Detainer" and "detention" are pretty 
 much synonymous. If there be any dis- 
 tinction, it is perhaps that detention applies 
 rather to the act considered as a fact; 
 detainer to the act considered as_ some- 
 thing done by some person. Detainer is 
 more frequently used with reference to real 
 estate than in application to personal prop- 
 erty. 
 
 In Practice. A writ or instrument, is- 
 sued or made by a competent officer, author- 
 izing the keeper of a prison to keep in his 
 custody a person therein named. A detainer 
 may be lodged against one within the walls 
 of a prison, on what account soever he is 
 there. Comyn, Dig. "Process" (E) (3 B). 
 
 DETENTION. The act of retaining and 
 preventing the removal of a person or prop- 
 erty. See "Detainer." 
 
 DETERMINABLE. Liable to come to an 
 end by the happening of a contingency: as, 
 a determinable fee. See 2 Bouv, Inst, note 
 1695. 
 
 DETERMINABLE FEE (also called a 
 "qualified" or "base" fee). One which has 
 a qualification subjoined to it, and which 
 must be determined whenever the qualifi- 
 cation annexed to it is at an end. A limita- 
 tion to a man and his heirs on the part of 
 
DETERMINATE 
 
 307 
 
 DEVASTAVIT 
 
 his father affords an example of this spe- 
 cies of estate. Litt. § 264; Co. Litt. 27a, 
 220; 1 Preston, Est. 449; 2 Bl. Comm. 109; 
 Cruise, Dig. tit 1, § 82; 2 Bouv. Inst, note 
 1695. 
 
 DETERMINATE. That which is ascer- 
 tained; what is particularly designated; as, 
 if I sell you my horse Napoleon, the article 
 sold is here determined. This is very dif- 
 ferent from a contract by which I would 
 have sold you a horse, without a particular 
 designation of any horse. 1 Bouv. Inst, 
 notes 947, 950. 
 
 DETERMINATION. The decision of a 
 court of justice. 
 
 The end, the conclusion, of a right of au- 
 thority; as, the determination of a lease. 
 Comyn, Dig. "Estates by Grant" (G 10, 11, 
 12). 
 
 The determination of an authority is the 
 end of the authority given; the end of the 
 return-day of a writ determines the author- 
 ty of the sheriflf; the death of the principal 
 determines the authority of a mere attor- 
 ney. 
 
 DETERMINE. To come to an end. To 
 bring to an end. 2 Bl. Comm. 121 ; 1 Washb. 
 Real Prop. 380. 
 
 DETESTATIO (Lat.) In the civil law. A 
 summoning made, or notice given, in the 
 presence of witnesses, denuntiatio facta cum 
 testatione. Dig. 50. 16. 40. 
 
 DETINET (Lat. detinere, to detain; de- 
 tinet, he detains). In pleading. An action 
 of debt is said to be in the detinet when it 
 alleged merely that the defendant with- 
 holds or unjustly detains from the plaintiJ 
 the thing or amount demanded, as distin- 
 guished from actions in the cepit where a 
 ' wrongful taking is alleged. 
 
 DETINUE (Lat. ditinffere, — de, and te- 
 nere, — to hold from; to withhold.) In prac- 
 tice. A form of action which lies for the 
 recovery, in specie, of personal chattels from 
 one who acquired possession of them law- 
 fully, but retains it without right, together 
 with damages for the detention. 3 Bl. Comm. 
 151. 
 
 It is generally laid down as necessary to 
 the maintenance of this action that the orig- 
 inal taking should have been lawful, thus 
 distinguishing it from replevin, which lies 
 in case the original taking is unlawful. 
 Brooke, Abr. "Detinue," 21, 36, 63. It is 
 said, however, by Chitty, that it lies in 
 cases of tortious taking, except as a dis- 
 tress, and that it is thus distinguished from 
 replevin, which lay originally only where a 
 distress was made, as was claimed, wrong- 
 fully. 1 Chit. PL 112, 113. See 8 Shars- 
 wood, Bl. Comm. 162, and notes. In Eng- 
 land this action has yielded to the more 
 practical and less technical action trover, 
 but was much used in the slaveholding 
 states of the United States for the recovery 
 
 of slaves. 4 Munf. (Va.) 72; 4 Ala. 221; 
 3 Bibb (Ky.) 510; 16 Overt. (Tenn.) 187; 
 10 Ired. (N. 0.) 124. 
 
 DETINUE OF GOODS IN FRANK MAR- 
 riage. An obsolete writ, by which, after a 
 divorce, the wife might obtain the goods 
 which were given with her in marriage. 
 
 DETINUIT (Lat. he detained). In plead- 
 ing. An action of replevin is said to be 
 in the detinuit when the plaintiff acquires 
 possession of the property claimed by means 
 of the writ. The right to retain is, of course, 
 subject in such case to the judgment of the 
 court upon his title to the property claimed. 
 Buller, N. P. 521. 
 
 DETRACTARE (Law Lat.) In ola Eng- 
 lish law. To draw, or drag; to draw along; 
 to draw or drag a convict to the gallows or 
 stake. Detractentur et suspendentur, they 
 shall be drawn and hanged. Pleta, lib. 1, c. 
 37, § 4. Detractari et comburi, to be drawn 
 and burned. Id. § 2. 
 
 DETUNICARI. To discover or lay open 
 to the world. Matt. Westminster, 1240. 
 
 DEUNX (Lat. pi. deunces). In the Roman 
 law. A division of the as, containing eleven 
 unciae or duodecimal parts; the proportion 
 of eleven-twelfths. 2 Bl. Comm. 462, note; 
 Tayl. Civ. Law, 492. 
 
 DEUS SOLUS HAEREDEM FACERE Po- 
 test, non homo. God alone, and not man, 
 can make an heir. Co. Litt. 7b; cited 5 
 Barn & C. 440, 454; Broom, Leg. Max. (3d 
 London Ed.) 457. 
 
 DEUTEROGAMY. A second marriage. 
 
 DEVADIATUS, or DIVADIATUS. An of- 
 fender without sureties or pledges. Cowell. 
 
 DEVASTATION. Wasteful use of the 
 property of a deceased person; as, for ex- 
 travagant funeral or other unnecessary ex- 
 penses. 2 Bl. Comm. 508. 
 
 DEVASTAVE RUNT (Lat. pL of devasta- 
 vit). They have wasted. A term applied in 
 old English law to waste by executors and 
 administrators, and to the process issued 
 against them therefor. Cowell. See "De- 
 vastavit." 
 
 DEVASTAVIT. A mismanagement and 
 waste by an executor, administrator, or 
 other trustee, of the estate and effects 
 trusted to him as such, by which a loss oc- 
 curs. 
 
 Devastavit may be: 
 
 (1) By direct abuse, as when the execu- 
 tor, administrator, or trustee sells, embez- 
 zles, or converts to his own use the goods 
 intrusted to him (Comyn, Dig. "Adminis- 
 tration" [I 1]), releases a claim due to the 
 estate (8 Bac Abr. 700; Hob. 266; Cro. 
 Eliz. 43; 7 Johns. [N. Y.] 404; 9 Mass. 
 852), or surrenders a lease below its value 
 
DEVENERUNT 
 
 308 
 
 DICA 
 
 (2 Johns. Cas. [N. Y.] 376; S P. Wms. 
 330). 
 
 (2) By maladministration, as by the pay- 
 ment of claims which were not due nor ow- 
 ing, or by paying others out of the order 
 in which they ought to be paid, or by the 
 payment of legacies before all the debts 
 are satisfied. 4 Serg. & R. (Pa.) 394; 5 
 Rawle (Pa.) 266. 
 
 (3) By neglect, as by neglect to sell the 
 goods at a fair price within a reasonable 
 time, or, if they are perishable goods, be- 
 fore they are wasted; or a neglect to collect 
 a doubtful debt which, by proper exertion, 
 might have been collected. Bac. Abr. "Ex- 
 ecutors" (L). 
 
 DEVENERUNT (Lat. devenire, to come 
 to). A writ directed to the king's 
 escheators when any of the king's tenants 
 in capite dies, and when his son and heir 
 dies within age, and in the king's custody, 
 commanding the escheat, or that by the 
 oaths of twelve good and lawful men they 
 shall inquire what lands or tenements by 
 the death of the tenant have come to the 
 king. Dyer, 360; Termes de la Ley; Keilw. 
 199a; Blount; Cowell. 
 
 DEVEST (Law Pr. devester, descester; 
 Law Lat. devestire). 
 
 In Old English Law. To take away; 
 to deprive of, as a possession, title, or es- 
 tate; the opposite of "invest." Termes de 
 la Ley; Cowell. Sometimes written "di- 
 vest," but "devest" has the support of the 
 best authority. Co. Litt. 15a, 15b; Hale, 
 Anal. § 32. See "Invest." 
 
 In Modern Law. To take or draw 
 
 away. "The whose estate was devested and 
 drawn out of the feoffees." 4 Kent, Comm. 
 240. "The feoffment made by the feoffees 
 devested all the estates." Id. 
 
 To strip or deprive. "The statute devest- 
 ed the feoffees of all the estate." Id. 239. 
 See "Vest." 
 
 DEVIATION. 
 
 In Insurance. Varying from the risks 
 
 insured against, as described in the policy, 
 without necessity or just cause, after the 
 risk has begun. 1 Phil. Ins. § 977 et seq. 
 
 In Contracts. A change made in the 
 
 progress of a work from the original plan 
 agreed on. 
 
 DEVISAVIT VEL NON, In practice. The 
 name of an issue sent out of a court of 
 chancery, or one which exercises chancery 
 jurisdiction, to a court of law, to try the 
 validity of a paper asserted and denied to 
 be a will, to ascertain whether or not the 
 testator did devise, or whether or not that 
 paper was his vdll. 7 Brown, Pari. Cas. 437; 
 2 Atk. 424; 5 Pa. St. 21. 
 
 DEVISE. A gift of real property by a per- 
 son's last will and testament. 
 
 The term "devise," properly and technical- 
 ly, applies only to real estate. The object of 
 the devise must, therefore, be that kind of 
 
 property. 1 Hill, Abr. c. 36, notes 62-74. 
 But it is also sometimes improperly applied 
 to a bequest or legacy. See 2 Bouv. Inst, 
 note 2095 et seq.; 4 Kent, Comm. 489; 8 
 Viner, Abr. 41; Comyn, Dig., "Estates by 
 Devise." 
 
 DEVISEE. A person to whom a devise 
 has been made. 
 
 DEVISOR. 
 
 real estate. 
 
 A testator; one who devises 
 
 DEVOIR. Duty. It is used in the statute 
 of 2 Rich. II. c. 3, in the sense of "duties" 
 or "customs." 
 
 DEVOLUTION. In ecclesiastical law. 
 The transfer, by forfeiture, of a right and 
 power which a person has to another, on 
 account of some act or negligence of the 
 person who is vested with such right or 
 power; for example, when a person has the 
 right of presentation, and he does not pre- 
 sent within the time prescribed, the right 
 devolves on his next immediate superior. 
 Ayliffe, Par. 331. 
 
 In the law of decedents' estates, it com- 
 prehends the, processes whereby title is 
 transmitted on the death of the owner of 
 property. 
 
 DEVOLVE. "To devolve means to pass 
 from a person dying to a person living." 1 
 Myline & K. 648. 
 
 DEVYER (Law Fr.) To die. Deoya, died. 
 Y. B. I. 1 Edw. II. 11. 
 
 DEXTANS (Lat.) In Roman law. A di- 
 vision of the as, consisting of ten uneiae; 
 ten-twelfths, or five-sixths. 2 Bl. Comm. 
 462, note (m) ; Tayl. Civ. Law, 492. 
 
 Dl COLONNA. In maritime law. A con- 
 tract between the owner of a ship, the cap- 
 tain, and the mariners, that the voyage shall 
 be for the benefit of all. The term is used 
 in the Italian law. Targa, cc. 36, 37; Emer- 
 ig. Mar. Loans, § 5. 
 
 Dl. ET Fl. (Law Lat.) In old writs. An 
 abbreviation of dilecto et fideli, to his be- 
 loved and faithful. Keg. Orig, 17. 
 
 DIARIUM. Daily food, or as much as will 
 suffice for the day. Du Cange. 
 
 DIATAXiS. In the civil law a constitu- 
 tion or ordinance. The novels of Justinian 
 are all given this name. 
 
 D I AT H EKE. In the Civil law a will or 
 testament. 
 
 DIATIM. In old records. Daily; every 
 day; from day to day. Spelman. 
 
 DICA. In old English law. A tally for 
 accounts, by number of cuts {taiUees), 
 marks or notches. Cowell. See "Tallia ; 
 "Tally." 
 
DICAST 
 
 309 
 
 DIES COMMUNES IN BANCO 
 
 DICAST. An officer In ancient Greece an- 
 swering nearly to our juryman. 
 
 DICTATOR. In Roman law. A magis- 
 trate at Rome invested with absolute power. 
 His authority over the lives and fortunes of 
 the citizens was without bounds. His office 
 continued but for six months. Hist, de la 
 Jur. Dig. 1. 2. 18. 1. 1. 1. 
 
 DICTUM. An opinion expressed by a 
 court, but which, not being necessarily in- 
 volved in the case, lacks the force of an 
 adjudication. Usually given obiter dictum. 
 
 An opinion expressed by a court, upon a 
 point in a case argued and deliberately 
 passed on, though not essential to the dis- 
 position of a case, and hence lacks the fo;rce 
 of an adjudication. 227 111. 337. 
 
 It frequently happens that, in assigning 
 its opinion upon a question before it, the 
 court discusses collateral questions, and ex- 
 presses a decided opinion upon them. Such 
 opinions, however, are frequently given 
 without much reflection, or without previous 
 argument at the bar; and as, moreover, 
 they do not enter into the adjudication of 
 the point before it, they have only that 
 authority which may be accorded to the 
 opinion, more or less deliberate, of the in- 
 dividual judge who announces it. It may 
 be observed that in recent times, particu- 
 larly in those jurisdictions where appeals 
 are largely favored, the ancient practice of 
 courts in this respect is much modified. 
 Formerly, judges aimed to confine their 
 opinion to the precise point involved, and 
 were glad to make that point as narrow as 
 it might justly be. Where appeals are fre- 
 quent, however, a strong tendency may be 
 seen to fortify the judgment given with 
 every principle that can be invoked in its 
 behalf,— those that are merely collateral, 
 as well as those that are necessarily in- 
 volved. In some courts of last resort, also, 
 when there are many judges, it is not un- 
 frequently the case that, while the court 
 come to one and the same conclusion, the 
 different judges may be led to that conclu- 
 sion by different views of the law, so that 
 it becomes difficult to determine what is to 
 be regarded as the principle upon which 
 the case was decided, and what shall be 
 deemed mere dicta. According to the more 
 rigid rule, an expression of opinion, how- 
 ever deliberate, upon a question, however 
 fully argued, if not essential to the disposi- 
 tion that was made of the case, may be re- 
 garded as a dictum; but it is, on the other 
 hand, said that it is difficult to see why,_ in 
 a philosophical point of view, the opinion 
 of the court is not as persuasive on all the 
 points which were so involved in the cause 
 that it was the duty of counsel to argue 
 them, and which were deliberately passed 
 over by the court, as if the decision had 
 hung upon but one point. 1 Abb. N. Y. Dig. 
 pref. iv. Consult 17 Serg. & R. (Pa.) 292; 
 1 Phillim. Ecc. Law, 406; 1 Eng. Ecc. 129; 
 Ram, Judgm. c. B, p. 36; Willes, 666; 1 H. 
 Bl. 53-63; 2 Bos. & P. 375; 7 Pa. St. 287; 3 
 
 Bam. & Aid. 341; 2 Bing. 90. The doctrine 
 of the courts of Prance on this subject is 
 stated in 11 Toullier, Dr. Civ. 177, note 133. 
 As to weight given to dicta in former de- 
 cisions, see 6 Wheat. (U. S.) 399; 4 Heisk. 
 (Tenn.) 419. 
 
 In French Law. The report of a judg- 
 ment made by one of the judges who has 
 given it. Poth. Proc. Civ. pi. 1, c. 5, art. 2. 
 
 DICTUM DE KENILWORTH. The edict 
 or declaration of Kenilworth. An edict or 
 award between King Henry III. and all the 
 barons and others who had been in arms 
 against him; and so called because it was 
 made at Kenilworth Castle, in Warwick- 
 shire, in the fifty-first year of his reign, 
 containing a composition of five years' rent 
 for the lands and estates of those who had 
 forfeited them in that rebellion. Blount; 2 
 Reeve, Hist. Eng. Law, 62; Hale, Hist. 
 Com. Law, 10, and note. 
 
 DIE! DICTIO (Lat.) In the Roman law. 
 The notice given by a magistrate that he 
 intended to impeach a certain citizen, whom 
 he mentioned by name, of a certain crime, 
 before the people, on a certain day. Hali- 
 fax, Anal. bk. 3, c. 13, No. 40. 
 
 DIEM CLAUSIT EXTREMUM (Lat. he 
 closed his last day, — died). A writ which 
 lay on the death of a tenant in capite, to 
 ascertain the lands of which he died seised, 
 and reclaim them into the king's hands. It 
 was directed to the king' escheators. Fitzh. 
 Nat. Brev. 251 (K) ; 2 Reeve, Hist. Eng. 
 Law, 327. 
 
 A writ of the same name, issuing out of 
 the exchequer after the death of a debtor 
 of the king, to levy the debt of the lands or 
 goods of his heir, executor, or administra- 
 tor. Termes de la Ley. This writ is still in 
 force in England. 4 Steph. Comm. 47. 
 
 DIES (Lat.) A day; days; days for ap- 
 pearance in court; provisions or mainte- 
 nance for a day. The king's rents were an- 
 ciently reserved by so many days' provis- 
 ions. Spelman; Cowell; Bloupt. 
 
 DIES A QUO (Lat.) In civil law. The 
 day from which a transaction begins, the 
 conclusion being the dies ad quern. Calv. 
 Lex.; 1 Kaufm. Mackeld. Civ. Law, 168. 
 
 DIES AMORIS (Lat.) A day of favor. If 
 obtained after a default by the defendant, 
 it amounted to a waiver of the default. Co. 
 Litt. 135a; 2 Reeve, Hist. Eng. Law, 60. 
 
 DIES CEDIT. The day begins ; dies venit, 
 the day has come. Two expressions in 
 Roman law which signify the vesting or 
 fixing of an interest, and the interest be- 
 coming a present one. Sandars, Just. Inst. 
 (5th Ed.) 225, 232. 
 
 DIES COMMUNES IN BANCO (Lat.) 
 Regular days for appearance in court; 
 called also, "common return days." 2 Reeve, 
 Hist. Eng. Law, 57. 
 
DIES DATUS 
 
 310 
 
 DIPFORCIARE 
 
 DIES DATUS (Lat. a day given). A day 
 or time given to a defendant in a suit, which 
 is in fact a continuance of the cause. It 
 is so called when given before a declaration. 
 When it is allowed afterwards, it assumes 
 the name of "imparlance." (g. v.) 
 
 Die^ datus in banco, a day in bank. Co. 
 Litt. 135. Dies datus partibus, a continu- 
 ance; dies datus prece partiuin, a day given 
 on prayer of the parties. 
 
 DIES DOMINICUS NON EST JURIDI- 
 cus. Sunday is not a day in law. Co. Lltt. 
 135a; 2 Saund. 291; Broom, Leg. Max. (3d 
 London Ed.) 21; Finch, Law, 7; Noy, Max. 
 2; Plowd. 265; 3 Dowl. & L. 328; 13 Mass. 
 327. See "Sunday." 
 
 DIES EXCRESCENS. In old English law. 
 The added or increasing day in leap year. 
 Bracton, fols. 359, 359b. 
 
 DIES FASTI (Lat.) In Roman law. Days 
 on which courts might be held, and judi- 
 cial and other business legally transacted. 
 Calv. Lex.; Anthon, Rom. Ant.; 3 Bl. Comm. 
 424. 
 
 DIES FERIATI (Lat.) In the civil law. 
 Holidays. Dig. 2, 12. 2. 9. 
 
 DIES GRATIAE (Lat.) In old English 
 law. Days of grace. Co. Litt. 134b. 
 
 DIES IN BANCO (Law Lat.) In practice. 
 A day (or days) in banc; a day in the 
 bench or court of Common Bench. 3 Bl. 
 Comm. 277. Bract, fol. 361, 362. 
 
 DIES INCEPTUS PRO COMPLETO HAB- 
 etur. A day begun is held as complete. 
 
 DIES INCERTUS PRO CONDITIONE 
 habetur. A day uncertain is held as a con- 
 dition. Bell, Diet. "Computation of Time." 
 
 DIES INTERCISI. In Roman law. Di- 
 vided days; days on which the courts were 
 open for a part of the day. Calv. Lex.; 1 
 Mackeld. Civ. Law, p. 24, § 35, note. 
 
 DIES LEGITIMUS. In the civil and old 
 English law. A lawful or law day; a term 
 day; a day of appearance. Halifax, Anal, 
 bk. 3, c. 9, § 6; Bracton, fols. 334b, 359. 
 
 DIES MARCHIAE. In old English law. 
 The day of meeting of English and Scotch, 
 which was annually held on the marches or 
 borders to adjust their differences and pre- 
 serve peace. Cowell; Tomlin. 
 
 DIES NEFASTI (Lat.) In Roman law. 
 Days on which it was unlawful to transact 
 judicial afiPairs, and on which the courts 
 were closed. Anthon, Rom. Ant.; Calv. 
 Lex.; 1 Kaufm. Mackeld. Civ. Law, 24. 
 
 DIES NON (Lat.) An abbreviation of the 
 phrase dies nonjuridicus, universally used 
 to denote nonjudicial days. Days during 
 which courts do not transact any business, 
 as, Sunday, or the legal holidays. 3 Chit. 
 Gen. Prac. 104; W. Jones, 156. 
 
 DIES NONJURIDICUS (Lat.) Nonjudi- 
 cial days. See "Dies Non." 
 
 DIES PACIS (Lat. day of peace). The 
 year was formerly divided into the days of 
 the peace of the church, and the days of the 
 peace of the king, including in the two divi- 
 sions all the days of the year. Crabb, Hist. 
 Eng. Law, 35. 
 
 DIES SOLARIS. In old English law. A 
 solar day, as distinguished from what was 
 called "dies lunaris" (a lunar day), both 
 composing an artificial day. Bracton, fol. , 
 264. See "Day." 
 
 DIES SO LIS. In the civil and old English 
 law. Sunday, literally, the day of the sun. 
 So called in Code, 3. 12. 7. 
 
 DIES UTILES (Lat. useful or available 
 days). Days in which an heir might apply 
 to the judge for an inheritance. Cooper, 
 Inst.; Calv. Lex.; Du Cange. 
 
 DIET, or DYET. In Scotch practice. The 
 sitting of a court. 3 How. St. Tr. 654. 
 
 An appearance day. Bell, Diet. 
 
 A day fixed for the trial of a criminal 
 cause. 2 Alison, Prac. 343; 2 Brown, 240. 
 
 A criminal cause aS prepared for trial. 1 
 Brown, 268; 2 Brown, 141. "Deserting the 
 diet." Arkley, 481. 
 
 DIETA (Lat.) A day's journey; a day's 
 work; a day's expenses. A reasonable day's 
 journey is said to be twenty miles, by an old 
 computation. Cowell; Spelman; Bracton, 
 235b; 3 Bl. Comm. 218. 
 
 DIETS OF COMPEARANCE. In Scotch 
 law. The days allowed in which to appear 
 after citation. 
 
 DIEU SON ACTE (Law Pr.) In old law. 
 God, his act; God's act. An event beyond 
 human foresight or control. Termes de la 
 Ley. 
 
 DIFFACERE, or DISFACERE (Law Lat.; 
 old Pr. deffacer). In old European law. 
 To disfigure or deface; to mutilate; to de- 
 stroy. Spelman; LL. Longobard, lib. 1, tit. 
 25. 1. 68. 
 
 Diffactio, a mutilating or maiming. Whi- 
 shaw. 
 
 DIFFERENCE. A contention over a ques- 
 tion of truth or fact, as distinguished from 
 a non-agreement over a question. 
 
 DIFFICILE EST UT UNUS HOMO VI- 
 cem duorum sustlneat. It is diflScult that 
 one man should sustain the place of two. 
 4 Coke, 118. 
 
 DIFFIDARE. To proclaim hostilities; to 
 declare war; to defy;, to outlaw. In feudal 
 law to renounce fealty or allegiance; the op- 
 posite of affidare (q. v.) 
 
 DIFFORCIARE. In old English law. To 
 deny, or keep from one. Difforeiare rectum, 
 to deny justice to any one, after having 
 
DIGAMA, or DIGAMY 
 
 311 
 
 DILLIGROUT 
 
 been required to do it. Matt, Par. A. D. 
 1164. Perhaps the same with defordwre. 
 
 DIGAMA, or DIGAMY. Second marriage; 
 marriage to a second wife after the death 
 of the first, as "bigamy," in law, is having 
 two wives at once. Originally, a man who 
 married a widow, or married again after 
 the death of his wife, was said to be guilty 
 of bigamy. Co. Litt. 40b, note. 
 
 DIGEST. A compilation arranged in an 
 orderly manner. 
 
 The name is given to a great variety of 
 topical compilations, abridgments, and ana- 
 lytical indices of reports, statutes, etc. When 
 reference is made to "Digest," the Pandects 
 of Justinian are intended, they being the 
 authoritative compilation of the civil law. 
 As to this Digest, and the mode of citing 
 it, see "Pandects." Other digests are re- 
 ferred to by their distinctive names. For 
 some account of digests of the civil and can- 
 on law, and those of Indian law, see "Civil 
 Law," "Code," and "Canon Law." 
 
 The digests of English and American law 
 are for the most part deemed not authori- 
 ties, but simply manuals of reference, by 
 which the reader may find his way to the 
 original cases which are authorities. 1 Bur- 
 rows, 364; 2 Wils. 1, 2. Some of them, how- 
 ever, which have been the careful work of 
 scholarly lawyers, possess an independent 
 value as original repositories of the law. 
 Bacon's Abridgment, which has long been 
 deservedly popular in this country, and 
 Comyn's Digest, also often cited, are exam- 
 ples of these. 
 
 DIGNITARY. In eccleciastlcal law. An 
 ecclesiastic who holds a dignity or benefice 
 which gives him some pre-eminence over 
 mere priests and canons, such as a bishop, 
 archbishop, prebendary, etc. Swift; Burns. 
 
 DIGNITIES. In English law. Titles of 
 honor. 
 
 They are considered as incorporeal here- 
 ditaments. The genius of our government 
 forbids their admission into the republic. 
 
 DIJUDICATION. Judicial distinction. 
 
 DIKEREEVE. An ofllcer appointed or 
 confirmed by the English commissioners of 
 sewers to take charge of the sluices and 
 sea banks of fen or marsh land. 
 
 DILACION. In Spanish law. The time 
 granted by law or by the judge to parties 
 litigant for the purpose of answering a de- 
 mand, or proving some disputed fact. 
 
 DILAPIDATION. A species of ecclesias- 
 tical waste which occurs whenever the in- 
 cumbent suffers any edifices of his ecclesias- 
 tical living to go to ruin or decay. It is 
 either voluntary, by pulling down, or per- 
 missive, by suffering the church, parsonage 
 houses, and other buildings thereunto be- 
 longing, to decay. And the remedy for 
 either lies either in the spiritual court, 
 where the canon law prevails, or in the 
 
 courts of common law. It is also held to be 
 good cause of deprivation if the bishop, par- 
 son, or other ecclesiastical person dilapi- 
 dates buildings or cuts down timber grow- 
 ing on the patrimony of the church, unless 
 for necessary repairs; and that a writ of 
 prohibition will also lie against him in the 
 common-law courts. 3 Bl. Comm. 91. 
 
 DILATIO. (Lat. from differre, to put 
 off). In old English law. Delay. Sine 
 dilatione; without delay. Reg. Orig. 1. 
 
 DILATIONES IN LEGE SUNT ODIOSAE. 
 Delays in law are odious. Branch, Princ. 
 
 DILATORY DEFENSE. In Chancery prac- 
 tice. One the object of which is to dis- 
 miss, suspend, or obstruct the suit, without 
 touching the merits, until the impediment 
 or obstacle insisted on shall be removed. 
 See "Defense." 
 
 DILATORY PLEA. One which goes to 
 defeat the particular action brought, mere- 
 ly, and which does not answer as to the 
 general right of the plaintiff. 
 
 DILIGENCE. In Scotch law. Process; 
 execution. 
 
 Diligence Against the Heritage. A 
 
 writ of execution by which the creditor pro- 
 ceeds against the real estate of the debtor. 
 
 Diligence Incident. A writ or process 
 
 for citing witnesses and examining havers. 
 It is equivalent to the English subpoena for 
 witnesses, and rule or order for examination 
 of parties and for interrogatories. 
 
 Diligence to Examine Havers. A pro- 
 cess to obtain testimony, equivalent to a bill 
 of discovery in chancery, or a rule to compel 
 oral examination and a subpoena duces te- 
 cum at common law. 
 
 Diligence Against the Person. A writ 
 
 of execution, by which the creditor proceeds 
 against the person of the debtor; equivalent 
 to the English ca. sa. 
 
 Second Diligence. Second letters Is- 
 sued where the first have been disregarded. 
 A similar result is produced in English prac- 
 tice by the attachment for contempt. 
 
 Summary Diligence. Diligence issued 
 
 in a summary manner, like an execution of a 
 warrant of attorney, cognovit actionem, and 
 the like, in English practice. 
 
 Diligence Against Witnesses. Process 
 
 to compel the attendance of witnesses; 
 equivalent to the English subpoena. See 
 Paterson, Comp. 
 
 DILIGIATUS (Law Lat. from di, away, 
 and ligius, or ligiatus, under the protection 
 of the law). In old English law. Cast out 
 of the law's protection, ejectus e patrodnio 
 legis; outlawed; an outlaw. Spelman; LL. 
 Hen. I. c. 45. 
 
 DILLIGROUT. Pottage formerly made 
 for the king's table on the coronation day. 
 There was a tenure in serjeantry, by which 
 lands were held of the king by the service 
 
DIMIDIETAS 
 
 312 
 
 DIRECTION 
 
 of finding this pottage at that solemnity. 39 
 Hen. III. 
 
 DIMIDIETAS. The moiety or half .of a 
 thing. 
 
 DIMINUERE (Lat.) In old English law. 
 To lessen or diminish; to take away, leave 
 out, or omit. De recordo diminuere; to 
 take from, or diminish a record. Bract., 
 fol. 147. 
 
 DIMINUTIO. In the civil law. Diminu- 
 tion; a taking away; loss or deprivation. 
 Diminutio capitis, loss of status or condi- 
 tion. See "Capitis Diminutio." 
 
 DIMINUTION OF THE RECORD. In 
 practice. Incompleteness of the record of a 
 case sent up from an inferior to a superior 
 court. 
 
 DIMISI. In old conveyancing. I have de- 
 mised. Dimisi, concessi, et ad firmam tra- 
 didi, have demised, granted, and to farm 
 let. The usual words of operation in a lease. 
 2 Bl. Comm. 317, 318. Sometimes written 
 demisi, 
 
 DIMISIT. In old conveyancing. He has 
 demised. See "Dimisi." 
 
 DIMISSORIAE LITTERAE. In the civil 
 law. Letters dimissory or dismissory, com- 
 monly called "apostles" (quae vulgo apostoli 
 dicuntur). Dig. 50. 16. 106. See "Apostoli"; 
 "Apostles." 
 
 DINARCHY. A government by two per- 
 sons. 
 
 DINERO. 
 
 In Spanish Law. Money. Dinero con- 
 
 tado, money counted. White, New Recop. 
 bk. 2, tit. 13, c. 1, § 1. 
 
 In Roman Law. A civil division of 
 the Roman empire, embracing several prov- 
 inces. Calv. Lex. 
 
 DIOCESAN COURTS. Ecclesiastical 
 courts taking cognizance of all matters aris- 
 ing within the diocese of each bishop. They 
 consist of the consistorial court, and the 
 courts of archdeacons, exercising general or 
 limited jurisdictions, according to the terms 
 of their patents, or to local customs, or to 
 the authority of recent legislation. Phillim. 
 Ecc. Law, 1202. 
 
 DIOCESE. The territorial extent of a 
 bishop's jurisdiction; the circuit of every 
 bishop's jurisdiction. Co. Litt. 94; 1 Bl. 
 Comm. Ill; 2 Burns, Ecc. Law, 158. 
 
 DIPLOMA. An Instrument of writing, ex- 
 ecuted by a corporation or society, certify- 
 ing that a certain person therein named is 
 entitled to a certain distinction therein men- 
 tioned. 
 
 It is usually granted by learned institu- 
 tions to their members, or to persons who 
 have studied in them. 
 
 This word, which is also written "duplo- 
 ma," in the civil law signifies letters issued 
 
 by a prince. They are so called, it is sup- 
 posed, a duplicatis tabellis, to which Ovid is 
 thought to allude (1 Arom. 12. 2. 27) when 
 he says. Tunc ego vos duplices rebus pro no- 
 mine sensi (Sueton. in Augustum, c. 26). 
 Seals also were called "diplomata." Vicat. 
 
 DIPLOMATICS. The art of judging of 
 ancient charters, public documents, or diplo- 
 mas, and discriminating the true from the 
 false. Enc. Lond. 
 
 DIPSOMANIA. In medical jurisprudence. 
 A disease produced by drunkenness, and, in- 
 deed, other causes, which overmasters the 
 will of its victim, and irresistibly impels 
 him to drink to intoxication. 1 Bish. Crim. 
 Law, § 304. How far the law vrill hold a 
 party responsible for acts committed while 
 the mind is overwhelmed by the effects of 
 liquor so taken is an open question. 
 
 DIPTYCH A. Diptychs; tablets of wood, 
 metal, or other substance, used among the 
 Romans for the purpose of writing, and 
 folded like a book of two leaves. The dip- 
 tychs of antiquity were especially employed 
 for public registers. They were used in the 
 Greek, and afterwards in the Roman, 
 church, as registers of the names of those 
 for whom supplication was to be made, and 
 are ranked among the earliest monastic rec- 
 ords. Hubback, Ev. Success. • 567 ; Enc. 
 Am. See Calv. Lex.; Brissonius. 
 
 DIRECT. Straightforward; immediate; 
 not collateral. The direct line of descent is 
 formed by a series of relationships between 
 persons who descend successively one from 
 the other. 
 
 Evidence is termed "direct" which ap- 
 plies immediately to the fact to be proved, 
 without any intervening process, as distin- 
 guished from "circumstantial," which ap- 
 plies immediately to collateral facts sup- 
 posed to have a connection, near or remote, 
 with the fact in controversy. 
 
 The examination in chief of a witness is 
 called the "direct examination." 
 
 Interrogatories propounded to a deponent 
 by the party by whom the deposition is 
 taken are called "direct interrogatories." 
 
 DIRECT ATTACK. An attempt to set 
 aside or correct a judgment in some man- 
 ner provided by law. 51 111. App. 476. 
 
 DIRECT CONTEMPT. Those contempts 
 which are committed within the presence of 
 the court while in session, or so near to the 
 court as to interrupt its proceedings. 168 
 111. 106; 153 111. 647. 
 
 DIRECT LINE. In the law of descent. 
 Direct lineal succession. 
 
 DIRECT TAX. See "Tax." 
 
 DIRECTION. The order and government 
 of an institution; the persons who compose 
 the board of directors are jointly called the 
 "direction." Direction, in another sense, is 
 nearly synonymous with instruction (<i.i>.). 
 
DIRECTORS 
 
 313 
 
 DISAVOW 
 
 In Practice. That part of a bill in 
 
 chancery which contains the address of the 
 bill to the court. This must, of course, con- 
 tain the appropriate and technical descrip- 
 tion of the court. See "Bill." 
 
 DIRECTORS. Persons appointed or elect- 
 ed according to law, authorized to manage 
 and direct the affairs of a corporation or 
 company. The whole of tfie directors col- 
 lectively form the board of directors. 
 
 DIRECTORY. When a statute directs cer- 
 tain proceedings to be done in a certain way 
 or at a certain time, and the form or the 
 period does not appear essential to the judi- 
 cial mind, the law will be regarded as direc- 
 tory, the time and manner not being of the 
 essence of the thing to be done. 52 111. App. 
 360. 
 
 DIRECTORY TRUST. One where, by the 
 terms of the trust, the trust fund is directed 
 to be vested in a particular manner until 
 the period arrives when the trust is to be 
 terminated. 10 Yerg. (Tenn.) 272. 
 
 DIRIPITORES. In Roman law. Officers 
 who distributed ballots to the people, to be 
 used in voting. Tayl. Civ. Law, 192. 
 
 DIRIMANT IMPEDIMENTS. Those bars 
 which annul a consummated marriage. 
 
 DISABILITY. The want of legal capacity. 
 
 "Disability implies want of power, not 
 want of inclination. It refers to incapacity, 
 and not to disinclination." 32 Barb. (N. 
 Y.) 473. 
 
 Disabilities were anciently classified as 
 general and special. 
 
 (1) A disability is called general when 
 it disables a person from performing all 
 acts of a given kind, as in the case of an 
 outlaw. 
 
 (2) A disability is special when it dis- 
 ables him from doing a specific act, as 
 where one renders himself incapable of per- 
 forming a contract which he has entered 
 into. 
 
 They are also classified as personal and 
 absolute. 
 
 (3) A personal disability is confined to 
 the person affected. 
 
 (4) An absolute disability descends to his 
 heirs. The absolute disabilities such as at- 
 tainder have been all abolished. 
 
 They are also classified as civil and ca- 
 nonical. 
 
 This classification existed only as to dis- 
 ability to enter the marriage contract. Civil 
 were such as to render the marriage void, 
 as prior marriage, consanguinity, etc., while 
 a canonical disability, such as sterility, ren- 
 dered the marriage voidable only. 2 Steph. 
 Coram. 240. 
 
 DISABLING STATUTES. The acts of 1 
 Eliz. c. 19, 13 Eliz. c. 10, 14 Eliz. co. 11, 14, 
 18 Eliz. c. 11, and 43 Eliz. c. 29, by which 
 the power of ecclesiastical or eleemosynary 
 corporations to lease their lands was re- 
 
 stricted. 2 Bl. Comm. 319, 321; Co. Litt. 
 44a; 3 Steph. Comm. 140. Also called the 
 "Restraining Statutes." 
 
 DISADVOCARE. To disavow. 
 
 DISAFFIRMANCE. The act by which a 
 person who has entered into a voidable con- 
 tract, as, for example, an infant, disagrees 
 to such contract, and declares he will not 
 abide by it. 
 
 DisafSrmance is express or implied, — the 
 former, when the declaration is made in 
 terms that the party will not abide by the 
 contract; the latter, when he does an act 
 which plainly manifests his determination 
 not to abide by it; as where an infant made 
 a deed for his land, and on coming of age 
 he made a deed for the same land to another. 
 2 Dev. & B. (N. C.) 320; 10 Pet. (U. S.) 
 58; 13 Mass. 371, 375. 
 
 DISAFFOREST. To restore to their for- 
 mer condition lands which have been turned 
 into forest. To remove from the operation 
 of the forest laws. 2 Sharswood, Bl. Comm. 
 416. 
 
 DISAGREEMENT. The refusal by a 
 grantee, lessee, etc., to accept an estate, 
 lease, etc., made to him; the annulling of a 
 thing that had essence before. No estate 
 can be vested in a person against his will, 
 consequently no one can become a grantee, 
 etc., without his agreement. The law im- 
 plies such an agreement until the contrary 
 is shown, but his disagreement renders the 
 grant, etc., inoperative. If an infant pur- 
 chase an estate, he may, on coming to full 
 age, disagree thereto; and, if he agree 
 thereto, his heirs, after his death, may 
 waive it. If a person of unsound mind pur- 
 chase an estate, he cannot afterwards dis- 
 agree thereto himself; but if he does not 
 recover, or, after recovery, dies without 
 agreement, his heir may disagree to it. If 
 a feme covert purdhase an estate, her hus- 
 band may disagree _ thereto ; and, if he 
 neither agrees nor disagrees, the purchase 
 is good during the coverture, but after his 
 death, notwithstanding his agreement, the 
 wife may disagree thereto, and so, aftpr 
 her death, may her heirs, if she does not 
 herself agree thereto. Persons who pur- 
 chase an estate under duress may disagree 
 thereto when the duress ceases. See Co. Litt. 
 2b, 3a, 380b; 3 Prest. Abstr. 104; 2 BL 
 Comm. 292; Viner, Abr.; Wharton. 
 
 D I SALT. To disable a person. 
 
 DISAPPROPRIATION. This is where the 
 appropriation of a benefice is severed, either 
 by the patron presenting a clerk, or by the 
 corporation which has the appropriation be- 
 ing dissolved. 1 Bl. Comm. 385. 
 
 DISAVOW. To deny the authority by 
 which an agent pretends to have acted, as 
 when he has exceeded the bounds of his 
 authority. 
 
DISBAR 
 
 314 
 
 DISCOMMON 
 
 It is the duty of the principal to fulfill 
 the contracts which have been entered into 
 by his authorized agent; and when an agent 
 has exceeded his authority, he ought prompt- 
 'ly to disavow such act, so that the other 
 party may have his remedy against the 
 agent. See "Agent"; "Principal." 
 
 DISBAR. 
 
 In English Law. To expel a barrister 
 
 from the bar. 
 
 In the United States. To debar an at- 
 torney from the right to practice. 
 
 DISBENCIH. To strike off the name of a 
 person from the roll of the senior members 
 of the Inns of Court in London. 
 
 DISBOCATIO. In old English law. A 
 conversion of wood grounds into arable or 
 pasture; an assarting. Cowell. See "As- 
 sart." 
 
 DISCARCARE, or DISCARGARE (Law 
 Lat. from dis, priv., and carcare, to load or 
 charge). In old English law. To discharge; 
 to unload; as a vessel. Carcare et disca/r- 
 care, to charge and discharge; to load and 
 unload. Cowell; Plac. Pari. 18 Edw. I. 
 
 In the Salian law it is written discarga/re. 
 
 Discarcatio, a discharging or unloading 
 of a vessel. Towns. PI. 226. 
 
 DISCEPTATIO CAUSAE (Lat.) In Ro- 
 man law and practice. The argument or 
 disputation of a cause by the advocates on 
 both sides. Halifax, Anal. bk. 3, c. 9, No. 
 39. 
 
 DISCEPTIO CAUSAE (Lat.) In Roman 
 law. The arguments of a cause by the coun- 
 sel on both sides. Calv. Lex. 
 
 DISCHARGE. To free from a charge or 
 load; to remove; to satisfy or pay; to set 
 free, dismiss, or absolve; to carry on or 
 perform. The term has many applications, 
 the principal being: 
 
 Of Cargo. The unloading of a cargo 
 
 from a ship. 5 Wall. (U, S.) 557. 
 
 Of Debt or Obligation. Full and final 
 
 release from and termination of the obliga- 
 tion in whatever manner; a receipt or other 
 instrument acting as a discharge. 147 Mass. 
 585. 
 
 Of Prisoner. The setting at liberty of 
 
 one held in confinement under process of 
 law. 68 Mich. 331. 
 
 Of Jury. The dismissal of a jury 
 
 when, for any cause, the rendition of a ver- 
 dict becomes impossible. 
 
 DISCLAIMER. A disavowal; a renuncia- 
 tion; as, for example, the act by which a 
 patentee renounces part of his title of in- 
 vention. 
 
 Of Estates. The act by which a party 
 
 refuses to accept an estate which has been 
 conveyed to him. Thus, a trustee is said to 
 disclaim who releases to his fellow trustees 
 his estate, and relieves himself of the trust. 
 1 Hilliard, Real Prop. 354. 
 
 —Of Tenancy. The act of a person in 
 possession, who denies holding the estate of 
 the person who claims to be the owner. 2 
 Nev. & M. 672. An affirmation, by pleading 
 or otherwise, in a court of record, that the 
 reversion is in a stranger. It works a for- 
 feiture of the lease at common law (Co. Litt. 
 251; 1 Cruise, Dig. 109), but not, it is said, 
 in the United States (1 Washb. Real Prop. 
 93). Equity, it is said, will not aid a tenant 
 in denying his landlord's title. 1 Pet. (U. 
 S.) 486. 
 
 In Pleading. A renunciation by the 
 
 defendant of all claim to the subject of the 
 demand made by the plaintiff's bill. Cooper, 
 Eq. PI. 309; Mitf. Eq. PL (Jeremy Ed.) 
 318. 
 
 DISCLAMATION. In Scotch law. Dis- 
 avowal of tenure; denial that one holds 
 lands of another. Bell, Diet.; Skene de 
 Verb. Sign. 
 
 DISCLOSE: DISCLOSURE. To disclose 
 an offense, is not to state it or confess to 
 it; but tc make the offense known for the 
 first time. 28 L. J. M. C. 91. 
 
 To "disclose a defense upon the merits," 
 means not merely to say there is a de- 
 fense, but to show what the nature of it is; 
 27 L. J. C. p. 305; 25 L. J. Ex. 27; opening 
 out and letting the judge see whether there 
 really is a defense upon the merits. 93 Eng. 
 C. L. 663. 
 
 The obligation to disclose arises in vari- 
 ous ways. Where the parties to a contract 
 stand in some pre-existing relationship to 
 one another of a fiduciary character, full 
 disclosure is required. Fry Specif. Perf. 
 § 706. 
 
 The obligation may arise from an ante- 
 cedent wrong done by the one party to the 
 other. Fry Specif. Perf. § 707. 
 
 Sometimes the obligation to disclose arises 
 from the character of the contract itself, 
 where its nature demands a full disclosure 
 of all material facts; such as contracts for 
 marine insurance and partnership. In such 
 cases silence may be fraud. Fry Specif. 
 Perf, § 708. 
 
 In the case of a contract for the sale of 
 a chattel having a latent defect, there exists 
 an obligation to disclose the same. Fry 
 Specif. Perf. § 708. 
 
 There are obligations to disclosure which 
 arise from the contract itself; such as the 
 duty of the vendor of land to honestly dis- 
 close his title. 
 
 Sometimes the obligation to disclose arises 
 from the course of the negotiations, and 
 where an incomplete or imperfect disclosure 
 has been made, a full disclosure is neces- 
 sary, as an imperfect statement may be a 
 perfect untruth. Fry Specif. Perf. §§ 709- 
 714. 
 
 DISCOMMON. To deprive commonable 
 lands of their commonable quality, by in- 
 closing and appropriating or improving 
 them. 
 
DISCONTINUANCE 
 
 315 
 
 DISCRETIO EST SCIRE 
 
 DISCONTINUANCE. 
 
 Of Estates. An alienation made or 
 
 suffered by the tenant in tail, or other ten- 
 ant seised in autre droit, by which the is- 
 sue in tail, or heir or successor, or those in 
 reversion or remainder, are driven to their 
 action, and cannot enter. 
 
 The term "discontinuance" is used to dis- 
 tinguish those cases where the party whose 
 freehold is ousted can restore it only by 
 action, from those in which he may restore 
 it by entry. Co. Litt. 325a; 3 Bl. Comm. 
 171; Adams, Ej. 35-41; Comyn, Dig.; Bac. 
 Abr.; Viner, Abr.; Cruise, Dig. Index; 2 
 Saund. Index. 
 
 — ^In Pleading. The chasm or interrup- 
 tion which occurs when no answer is given 
 to some material matter in the preceding 
 pleading, and the opposite party neglects to 
 take advantage of such omission. See 
 Comyn, Dig. "Pleader" (W) ; Bac. Abr. 
 "Pleas" (P). It is distinguished from in- 
 sufficient pleading by the fact that the plead- 
 ing does not profess to answer all the pre- 
 ceding pleading in a case of discontinuance. 
 1 Wm. Saund. 28, note. 
 
 ^— In Practice. The chasm or interrup- 
 tion in proceedings occasioned by the fail- 
 ure of the plaintiff to continue the suit reg- 
 ularly from time to time, as he ought. 3 
 Bl. Comm. 296. 
 
 DISCONTINUOUS SERVITUDE, or Dis- 
 continuous easement. An easement made up 
 of repeated acts, instead of one continuous 
 act, such as right of way, drawing water, 
 etc. 
 
 DISCONVENABLE (Law Fr.) Improper; 
 unfit. Kelham. 
 
 DISCOUNT. 
 
 ——In Contracts. Interest reserved from 
 the amount lent at the time of making a 
 loan. An allowance sometimes made for 
 prompt payment. As a verb, it is used to 
 denote the act of giving money for a bill of 
 exchange or promissory note, deducting the 
 interest. 
 
 The taking legal interest in advance is not 
 usurious; but it is only allowed for the 
 benefit of trade, and where the bill or note 
 discounted is meant for circulation, and is 
 for a short term. 2 Cow. (N. Y.) 678, 712; 
 3 Wend. (N. Y.) 408. 
 
 There is a difference between "buying" a 
 bill and "discounting" it. The former word 
 is used when the seller does not indorse the 
 bill, and is not accountable for its payment. 
 See Poth. de I'Usure, note 128; 3 Pet. (U. 
 S.) 40; Blydenburgh, Usury; Sewell, Bank- 
 ing. 
 
 In Practice. A set-ofl or defalcation 
 
 in an action. Viner, Abr. 
 
 DISCOVERT. Not covert; unmarried. 
 The term is applied to a woman unmarried, 
 or widow, — one not within the bonds of mat- 
 rimony. 
 
 DISCOVERY (Fr. deoouvrir, to uncover; 
 to discover) . The act of finding an unknown 
 country. 
 
 The nations of Europe adopted the prin- 
 ciple that the discovery of any part of 
 America gave title to the government by 
 whose subjects or by whose authority it 
 was made, as against all European govern- 
 ments. This title was to be consummated 
 by possession. 8 Wheat. (U. S.) 543; 16 
 Pet. (U. S.) 367; 2 Washb. Real Prop. 518. 
 
 An invention or improvement. Act Cong. 
 July 4, 1836, § 6. 
 
 ——In Practice. The disclosure of facts 
 resting in the knowledge of the defendant, 
 or the production of deeds, writings, or 
 things in his possession or power, in order 
 to maintain the right or title of the party 
 asking it, in some suit or proceeding in an- 
 other court. 
 
 It was originally an equitable form of 
 procedure, and a "bill of discovery," strictly 
 so called, was brought to assist parties to 
 suits in other courts. 
 
 In modern practice, a statutory proceed- 
 ing is generally substituted, by which an 
 inspection of books and papers, or an ex- 
 amination of a party, may be had on mo- 
 tion. 
 
 DISCREDIT. To deprive one of credit or 
 confidence. 
 
 The impeachment of a witness, as distin- 
 guished from a contradiction of his testi- 
 mony. See "Impeachment." 
 
 DISCREPANCY. A difference between 
 one thing and another; between one writing 
 and another; a variance. 
 
 A material discrepancy exists when there 
 is such a difference between a thing alleged 
 and a thing offered in evidence as to show 
 they are not substantially the same; as 
 when the plaintiff in his declaration for a 
 malicious arrest averred that "the plaintiff 
 in that action did not prosecute his said 
 suit, but therein made default," and the rec- 
 ord was that he obtained a rule to discon- 
 tinue. 
 
 An immaterial discrepancy is one which 
 does not materially affect the cause; as 
 where a declaration stated that a deed bore 
 date in a certain year of our Lord, and the 
 deed was simply dated "March 30, 1701." 
 2 Salk. 658; 19 Johns. (N. Y.) 49; 5 Taunt. 
 707; 2 Barn. & A. 301; 8 Miss. 428; 2 Mc- 
 Lean (U. S.) 69; 1 Mete. (Mass.) 59; 21 
 Pick. (Mass.) 486. 
 
 DISCRETIO EST DISCERNERE PER 
 legem quid sit Justum. Discretion Is to dis- 
 cern through law what is just. 5 Coke, 99, 
 100; 10 Coke, 140; Broom, Leg. Max. (3d 
 London Ed.) p. 81; Coke, 4th Inst. 41; 1 W. 
 Bl. 152; 1 Burrows, 570; 3 Bulst. 128; 6 Q. 
 B. 700. 
 
 DISCRETIO EST SCIRE PER LEGEiVI 
 quid sit justum. Discretion consists In 
 knowing what is just in law. 4 Johns. Ch. 
 (N. Y.) 352, 356. 
 
DISCRETION 
 
 316 
 
 DISINCARCERATE 
 
 DISCRETION. 
 
 In Practice. The equitable decision 
 
 of what is just and proper under the cir- 
 cumstances. 
 
 The power of a judge, in certain matters, 
 to decide in accordance with his own judg- 
 ment of the equities of the cases, unham- 
 pered by inflexible rules of law. The lati- 
 tude allowed to judges as to the action to be 
 taken on certain facts. See 34 Barb. (N. 
 Y.) 291. 
 
 The discretion of a judge is said to be 
 the law of tyrants. It is always unknown; 
 it is different in different men; it is casual, 
 and depends upon constitution, temper, and 
 passion. In the best, it is oftentimes ca- 
 price; in the worst, it is every vice, folly, 
 and passion to which human nature is liable. 
 Optima lex quae minimum relinquit arbitrio 
 judicis; optimus judex qui minimum sibi. 
 Bac. Aph.; 1 Cas. (Pa.) 80, note; 1 Powell, 
 Mortg. 247a; 2 Belt, Supp. to Ves. 391; 
 TouUier, Dr. Civ. liv. 3, note 338; 1 Lilly, 
 Abr. 447. 
 
 There is a species of discretion which is 
 authorized by express law, and without 
 which justice cannot be administered; for 
 example, if an old offender, a man of much 
 intelligence and cunning, whose talents ren- 
 der him dangerous to the community, in- 
 duces a young man of weak intellect to com- 
 mit a larceny in company with himself, they 
 are both liable to be punished for the of- 
 fense. The law, foreseeing such a case, has 
 provided that the punishment should be pro- 
 portioned so as to do justice, and it has 
 left such apportionment to the discretion of 
 the judge.' It is evident that, without such 
 discretion, justice could not be administered; 
 for one of these parties assuredly deserves 
 a much more severe punishment than the 
 other. 
 
 And many matters relating to the trial, 
 such as the order of giving evidence, grant- 
 ing of new trials, etc., are properly left 
 mainly or entirely to the discretion of the 
 judge. 
 
 As applied to executive officers, it means 
 a power to decide on the propriety of cer- 
 tain actions, without any review by others. 
 
 In Criminal Law. The ability to 
 
 know and disting^uish between good and evil, 
 — between what is lawful and whal) is un- 
 lawful. 
 
 DISCRETIONARY TRUSTS. Those which 
 cannot be duly administered without the 
 application of a certain degree of prudence 
 and judgment; as, when a fund is given to 
 trustees to be distributed in certain chari- 
 ties to be selected by the trustees. 
 
 DISCUSSION. In civil law. A proceed- 
 ing, on the part of a surety, by which the 
 property of the principal debtor is made li- 
 able before resort can be had to the sureties. 
 This is called the "benefit of discussion." 
 This is the law in Louisiana. Civ. Code La. 
 arts. 3014-3020. See Domat, 3. 4. 1-4; 
 Burge, Sur. 329, 343, 348; 5 Toullier, Dr. 
 
 Civ. 544; 7 Toullier, Dr. Civ. 93; 2 Bouv. 
 Inst, note 1414. 
 
 DISEASE. For the purpose of furnishing 
 an excuse for what would otherwise be a 
 crime, "voluntary drunkenness is not re- 
 garded as a disease affecting the mind; but 
 involuntary drunkenness, and diseases 
 caused by voluntary drunkenness, fall, so 
 far as they affect the mind, within that 
 term." Steph. Cr. 22, 
 
 DISENTAILING DEED. An assurance by 
 which a tenant in tail bars his estate tail, 
 so as to convert it into an estate in fee, 
 either absolute or base. 
 
 Disentailment is regulated by 3 & 4 Wm. 
 IV. c. 74. 
 
 DISFIGURE. In an indictment for an as- 
 sault to "disfigure" is to do some external 
 injury which may detract from the personal 
 appearance. Arch. Cr. 760. 
 
 DISFRANCHISEMENT. The act of de- 
 priving a member of a corporation of his 
 right as such, by expulsion. 1 Bouv. Inst, 
 note 192. 
 
 It differs from amotion (g. v.), which is 
 applicable to the removal of an officer from 
 office, leaving him his rights as a member. 
 Willcock, Corp. note 708; Angell & A. Corp. 
 237. And see "Expulsion." 
 
 Also to deprive of the power of exercising 
 the rights of citizenship, such as voting or 
 holding office. 
 
 DISGAVEL. In English law. To deprive 
 lands of that principal quality of gavelkind 
 tenure by which they descend equally among 
 all the sons of the tenant. 2 Wooddeson, 
 Lect. 76; 2 Bl. Comm. 85; Robinson, Gavel- 
 kind, 97, note. 
 
 DISGRACE. Ignominy; shame; dishonor. 
 No witness is required to disgrace himself. 
 13 How. St. Tr. 17, 334; 16 How. St. Tr. 
 161. 
 
 DISGRADING. In old English law. The 
 depriving of an order or dignity. Termes 
 de la Ley; Blount. 
 
 DISHERISON. Disinheritance; depriving 
 one of an inheritance. Obsolete. See "Dis- 
 inherison." 
 
 DISHERITOR. One who disinherits, or 
 puts another out of his freehold. Obsolete. 
 
 DISHONOR. A term applied to the non- 
 fulfillment of commercial engagements. To 
 dishonor a bill of exchange or a promissory 
 note is to refuse or neglect to pay it at ma- 
 turity. 
 
 The holder is bound to give notice to the 
 parties to such instrument of its dishonor; 
 and his laches will discharge the indorsers. 
 Chit. Bills, 256-278, 394, 395. 
 
 DISINCARCERATE. To set at liberty; to 
 free from prison. 
 
DISINHERISON 
 
 317 
 
 DISPENSATIO EST 
 
 DISINHERISON. In civil law. The act 
 of depriving a forced heir of the inheritance 
 which the law gives him. 
 
 In Louisiana, forced heirs may be de- 
 prived of their legitime, or legal portion, and 
 of the seisin granted them by law, for just 
 cause. The disinherison must be made in 
 proper form, by name and expressly, and for 
 a just cause; otherwise it is null. See Civ. 
 Code La. arts. 1609-1616. 
 
 DISINHERITANCE. The act by which a 
 person deprives his heir of an inheritance, 
 who, without such act, would inherit. 
 
 By the common law, any one may give his 
 estate to a stranger, and thereby disinherit 
 his heir apparent. Cooper, Just. Inst. 495; 
 7 East, 106. 
 
 DISINTERESTED WITNESS. One who 
 has no interest in the cause or matter in 
 issue, and who is lawfully competent to tes- 
 tify. 
 
 DISJUNCTIVE ALLEGATIONS. In plead- 
 ing. Allegations which charge a party dis- 
 junctively, so as to leave it uncertain what 
 'is relied on as the accusation against him. 
 
 An indictment, information, or complaint 
 which charges the defendant vsdth one or 
 ■other of two offenses, in the disjunctive, as 
 «ihat he murdered "or" caused to be mur ■ 
 dered, forged "or" caused to be forg«>d, 
 Wrote and published "or" caused to be ■wfrit- 
 ten and published, is bad for uncertainty. 8 
 Mod. 330; 1 Salk. 342, 371; 2 Stranj^e, 900; 
 Cas. temp. Hardw. 370; 5 Barn- & C. 251; 
 2 Car. & K. 243; 1 Younge & J. 22. 
 
 DISJUNCTIVE TERM. One which is 
 placed between two contrar-*s, by the af- 
 firming of one of which the other is taken 
 away. It is usually expressed by the word 
 "or." See 3 Ves. 450; 7 Ves. 454; 2 Rop. 
 Leg. 290; 1 P. Wms. 433; 2 P. Wms. 283; 
 2 Cox, Ch. 213; 2 Atk. 643; 3 Atk. 83, 85; 2 
 Ves. Sr. 67; 2 Strange, 1175; Cro. Eliz. 525; 
 Poll. 645; 1 Bing. 500; 3 Term R. 470; 
 Ayliffe, Pand. 56; 2 Miles (Pa.) 49. 
 
 In the civil law, when a legacy is given 
 *» Caius "or" Titius, the word "or" is con- 
 sidered "and," both Caius and Titius are 
 entitled to the legacy in equal parts. 6 Toul- 
 lier, Dr. Civ. note 704. 
 
 DISMISS. To remove; to send out of 
 court. Formerly used in chancery of the 
 removal of a cause out of court without any 
 further hearing. The term is now used in 
 courts of law also. 
 
 DISMORTGAGE. To redeem from mort- 
 gage. 
 
 DISORDERLY HOUSE. In criminal law. 
 A house the inmates of which behave so 
 badly as to become a nuisance to the neigh- 
 borhood. 
 
 One kept in such a way as to disturb or 
 scandalize the public generally, or the in- 
 habitants of a particular neighborhood, or 
 the passers by. 93 W. C. 608. 
 
 The term has a wide meaning, and in- 
 cludes bawdy houses, gambling houses, and 
 the like. 
 
 A place kept for general resort for pur- 
 poses injurious to the public morals or 
 safety is a "disorderly house," in the legal 
 sense, though there be no noise or disorder. 
 48 Ark. 60; 30 N. J. Law, 104; 120 Mass. 
 356; 83N. Y. 587. 
 
 DISORDERLY PERSONS. A class of of- 
 fenders, subjects of police regulation, de- 
 scribed in the statutes which punish them. 
 See 4 Bl. Comm. 169. 
 
 DISPARAGATION (Law Fr. disparage- 
 ment). The matching an heir, etc., in mar- 
 riage, under his or her degree or condition, 
 or against the rules of decency. Kelham. 
 
 DISPARAGE (Law Lat. disparagare) . To 
 connect unequally; to match unsuitably. 
 "The ward who is ward for knight's service 
 land is accounted in law disparaged, if he 
 be tendered a marriage of the burgher's 
 parentage." Bac. Arg. Low's Case, Works, 
 iv. 235. See "Disparagement." 
 
 DISPARAGEMENT. In old English law. 
 An injury by union or comparison with some 
 person or thing of inferior rank or excel- 
 lence. 
 
 Marriage without disparagement was 
 marriage to one of suitable rank and char- 
 acter. 2 Sharswood, Bl. Comm. 70 ; Co. Litt. 
 82b. The guardian in chivalry had the right 
 of disposing of his infant ward in matri- 
 mony; and provided he tendered a marriage 
 without disparagement or inequality, if the 
 infant refused, he was obliged to pay a 
 valor maritagii to the guardian. 
 
 Disparagare, to connect in an unequal 
 marriage. Spelman. Disparagatio, dispar- 
 agement. Used in Magna Charta (9 Hen. 
 III.) c. 6. Disparagation, disparagement. 
 Kelham. Disparage, to marry unequally. 
 Used of a marriage proposed by a guardian 
 between those of unequal rank, and injuri- 
 ous to the ward. 
 
 DISPARAGIUM. In old Scotch law. In- 
 equality in blood, honor, dignity, or other- 
 wise. Skene de Verb. Sign. 
 
 DISPARATA NON DEBENT JUNGI. Dis- 
 similar things ought not to be joined. Jenk. 
 Cent. Cas. 24. 
 
 DISPARK. To dissolve a park. Cro. Car. 
 59. To convert a park into ordinary ground. 
 
 DISPAUPER. In English law. To de- 
 prive a person of the privilege of suing in 
 forma pauperis. 
 
 When a person has been admitted to sue 
 in forma pauperis, and before the suit is 
 ended it appears that the party has become 
 the owner of a suflRcient estate real or per- 
 sonal, or has been guilty of some wrong, 
 he may be dispaupered. 
 
 DISPENSATIO EST VULNUS, QUOD 
 vulnerat jus commune. A dispensation is a 
 
DISPENSATION 
 
 318 
 
 DISSUADE 
 
 wound, because it wounds a common right. 
 Dav. 69; Branch, Princ 
 
 DISPENSATION. A relaxation of law for 
 the benefit or advantage of an Individual. 
 In the United States, no power exists, ex- 
 cept In the legislature, to dispense with law; 
 and then it is not so much a dispensation 
 as a change of the law. 
 
 DISPERSONARE. To scandalize or dis- 
 parage. Blount. 
 
 DISPONE. In Scotch law. A technical 
 word essential to the conveyance of heri- 
 table property, and for which no equivalent 
 is accepted, however clear may be the mean- 
 ing of the party. Paterson,. Comp. 
 
 DISPOSING MIND. The mental capacity 
 to know and understand what disposition he 
 may wish to make of his property, and upon 
 whom he will bestow his bounty. 117 111. 
 321. 
 
 Testamentary capacity {q. v.) 
 
 DISPOSITION. In Scotch law. A deed of 
 alienation by which a right to property is 
 conveyed. Bell, Diet. 
 
 DISPOSITIVE FACTS. Such as originate, 
 transfer, or extinguish rights, known re- 
 spectively as investitive, translative, and di- 
 vestitive facts. These terms were coined by 
 Bentham, and have not found their way 
 into general use. Holland, Jur. 131. 
 
 DISPOSSESSION. Ouster; a wrong that 
 carries with it the amotion of possession. 
 An act whereby the wrongdoer gets the ac- 
 tual occupation of the land or hereditament. 
 It includes abatement, intrusion, disseisin, 
 discontinuance, deforcement. 3 Sharswood, 
 Bl. Comm. 167. 
 
 DISPUNISHABLE. In old English law. 
 Not answerable. Co. Litt. 27b, 53; 1 Steph. 
 Com. 245; 2 Crabb's Real Prop. 47, § 1000. 
 
 Not punishable. "This murder is dis- 
 punishable." 1 Leon. 270. 
 
 DISPUTABLE PRESUMPTION. A pre- 
 sumption of law, which may be rebutted or 
 disproved. Best, Pres. § 25; Burr. Circ. 
 Ev. 47. 
 
 DISPUTATIO FORI (Lat.) Argument in 
 court. Du Cange. 
 
 DISRATIONARE (Law Lat.; Law Fr. 
 desreigner) . In old English law. To prove; 
 to deraign; to establish or make good a 
 claim, charge, or accusation. Bracton, fol. 
 138. Spelman considers this as merely an- 
 other form of dirationare, and makes its 
 proper signification to be to disprove or re- 
 fute, from dis, priv, and ratiodnoH, to 
 prove. It is, however, never employed in 
 this sense by Bracton, who uses it frequent- 
 ly, but only in the sense first given. Brac- 
 ton, fol. 138. See Id. fols. 101b, 119, 372b, 
 373b; Fleta, lib. 1, c. 31, § 6; Id. lib. 1, 
 c. 21, § 2. 
 
 DISSASINA. In old Scotch law. Dissei- 
 sin; dispossession, Skene de Verb. Sign. 
 
 DISSEISEE. One who is wrongfully put 
 out of possession of his lands; one who is 
 disseised. 
 
 DISSEISIN. A privation of seisin; a usur- 
 pation of the right of seisin and possession, 
 and an exercise of such powers and privi- 
 leges of ownership as to keep out or dis- 
 place him to whom these rightfully belonff 
 2 Washb. Real Prop. 283. 
 
 The act of divesting the owner of his 
 seisin and possession of the land, and sub- 
 stituting in its place the ownership and pos- 
 session of the disseisor. The change in the 
 meaning of the word, and the distinction 
 between it and "deforcement," stated. 9 
 Cow. (N. Y.) 530, S52. 
 
 An actual and wrongful expulsion from a 
 freehold. Dispossession may be by right or 
 wrong. 6 Johns. (N. Y.) 197. And see 8 
 Barb. (N. Y.) 189, 194. 
 
 DISSEISINAM SATIS FACIT, QUI UTI 
 non permlttit possessorem, vel minus com- 
 mode, licet omnino non expellat. He makes 
 disseisin enough who does not permit the 
 possessor to enjoy, or makes his enjoyment 
 less commodious, although he does not expel 
 altogether. Co. Litt. 331; Bracton, lib. 4, 
 tr. 2. 
 
 DISSEISOR. One who puts another out 
 of the possession of his lands wrongfully. 
 
 DISSEISORESS (Law Lat. disseisitrix) . 
 A woman that disseises another person. 
 Litt. § 678; Co. Litt. 357b. 
 
 DISSENT. A disagreement to something 
 which has been done. It is express or im- 
 plied. 
 
 DISSIGNARE. In old law. To break open 
 a seal. Whishaw. 
 
 DISSIMILIUM DISSIMILIS EST RATIO. 
 Of dissimilars the rule is dissimilar. Co. 
 Litt. 191. 
 
 DISSIMULATIONE TOLLITUR INJURIA. 
 
 Wrong is wiped out by reconciliation. Ersk. 
 Inst. bk. 4, tit. 4, § 108. 
 
 DISSOLUTION. 
 
 In Contracts. The dissolution of a 
 
 contract is the annulling thereof by the con- 
 tracting parties. 
 
 Of Corporations. The termination of 
 
 the corporate existence in any manner, 
 whether by expiration of the charter, de- 
 cree of court, act of the legislature, etc. 
 
 In Practice. The act of rendering a 
 
 legal proceeding null, or changing its char- 
 acter; as, a foreign attachment in Pennsyl- 
 vania is dissolved by entering bail to the ac- 
 tion; injunctions are dissolved by the court. 
 
 DISSUADE. In criminal law. To Induce 
 a person not to do an act. 
 
 To dissuade a witness from giving evi- 
 dence against a person indicted is an indict- 
 
DISTANCE 
 
 319 
 
 DISTRIBUTIVE FINDING 
 
 able offense at common law. Hawk. P. C. 
 bk. 1, c. 21, § 15. The mere attempt to 
 stifle evidence is also criminal, although the 
 persuasion should not succeed, on the gen- 
 eral principle that an incitement to commit 
 a crime is in itself criminal. 1 Russ. Crimes, 
 44; 2 East, 5, 21; 6 East, 464; 2 Strange, 
 904; 2 Leach, C. C. 925. 
 
 DISTANCE. Where there are no special 
 controlling words, distance is to be meas- 
 ured "as the crow flies," i. e., by the short- 
 est line that can be drawn from one place 
 to another on a map without regard to the 
 curvature or inequalities of the surface of 
 the earth; and where the distance is to be 
 ascertained between houses, the measure- 
 ment is to be taken from the nearest point 
 of the one house to the nearest point of 
 the other, without regard to where the doors 
 are situated. 28 L. J. Ch. 867; Johns. 446. 
 
 DISTINCTE ET APERTE. In old English 
 practice. Distinctly and openly. Formal 
 words in writs of error, referring to the re- 
 turn required to be made to them. Reg. 
 • Orig. 17, 
 
 DISTINGUENDA SUNT TEMPORA. The 
 time is to be considered. 1 Coke, 16a; 14 N. 
 Y. 380, 393. 
 
 DISTINGUENDA SUNT TEMPORA; AL- 
 lud est facere, aliud perficere. Times must 
 be distinguished; it is one thing to do a 
 thing, another to complete it. 3 Leon. 243; 
 Branch, Princ. 
 
 DISTINGUENDA SUNT TEMPORA; DIS- 
 tingue tempora, et concordabis leges. Times 
 are to be distinguished; distinguish times, 
 and you will attune laws. 1 Coke, 24. 
 
 DISTINGUISHING MARK. A mark 
 placed upon the ballot by the voter by which 
 his ballot can be identified. 250 111. 505. 
 
 Such a mark as will distinguish and sepa- 
 rate the particular ballot from other ballots 
 cast at the election — a mark put upon the 
 ballot to indicate who cast it and to evade 
 its secrecy. 235 111. 331. 
 
 DISTRACTED PERSON. A term used in 
 the statutes of Illinois (Rev. Laws 111. 1833, 
 p. 332) and New Hampshire (Dig. N. H. 
 Laws 1830, p. 339) to express a state of in- 
 sanity. 
 
 DISTRACTIO. In civil law. The sale of 
 a pledge by a debtor; the appropriation of 
 the property of a ward by a guardian. Calv. 
 Lex. 
 
 DISTRAHERE. To withdraw; to sell. 
 Distrahere controversias, to diminish and 
 settle quarrels; distrahere matrimoniam, to 
 dissolve marriage; to divorce. Calv. Lex. 
 
 DISTRAIN. To take as a pledge property 
 of another, and keep the same until he per- 
 forms his obligation, or until the property 
 is replevied by the sheriff. It was used to 
 secure an appearance in court, payment of 
 
 rent, performance of services, etc. 3 Bl. 
 Comm. 231; Fitzh. Nat. Brev. 32 (B), (C), 
 223. See "Distress." 
 
 DISTRESS (Fr. distraindre, to draw away 
 from) . The taking of a personal chattel out 
 of the possession of a wrongdoer into the 
 custody of the party injured, to procure sat- 
 isfaction for the wrong done. 3 Bl. Comm. 
 6. It is generally resorted to for the pur- 
 pose of enforcing the payment of rent, taxes, 
 or other duties, as well as to exact compen- 
 sation for such damages as result from the 
 trespasses of cattle. 
 
 This remedy is of, great antiquity, and is 
 said by Spelman to have prevailed among 
 the Gothic nations of Europe from the 
 breaking up of the Roman empire. The 
 English statutes since the days of Magna 
 Charta have, from time to time, extended 
 and modified its features to meet the exi- 
 gencies of the times. 
 
 It was at one time generally in vogue 
 in the United States, but is now generally 
 abolished, the remedy of attachment taking 
 its place. 
 
 DISTRESS INFINITE. In English prac- 
 tice. A process commanding the sheriff to 
 distrain a person from time to time, and 
 continually afterwards, by taking his goods 
 by way of pledge to enforce the perform- 
 ance of something due from the party dis- 
 trained upon. In this case, no distress can 
 be immoderate, because, whatever its value 
 may be, it cannot be sold, but is to be imme- 
 diately restored on satisfaction being made. 
 3 Bl. Comm. 231. It was the means an- 
 ciently resorted to to compel an appearance. 
 See "Attachment;" "Arrest." 
 
 DISTRIBUTEE. One entitled to take a 
 share of the estate of a decedent under the 
 statute of distribution. 
 
 DISTRIBUTION. In practice. The divi- 
 sion by order of the court having authority, 
 among those entitled thereto, of the residue 
 of the personal estate of an intestate, after 
 payment of the debts and charges. 13 111. 
 App. 560. 
 
 The term sometimes denotes the division 
 of a residue of both real and personal es- 
 tate, and also the division of an estate ac- 
 cording to the terms of a will. 
 
 DISTRIBUTIVE FINDING OF THE IS- 
 sue. The Jury are bound to give their ver- 
 dict for that party who, upon the evidence, 
 appears to them to have succeeded in estab- 
 lishing his side of the issue. But there are 
 cases in which an issue may be found dis- 
 tributively, i. e., in part for plaintiff, and in 
 part for defendant. Thus, in an action for 
 goods sold and work done, if the defendant 
 pleaded that he never was indebted, on 
 which issue was joined, a verdict might be 
 found for the plaintiff as to the goods, and 
 for the defendant as to the work. Steph. 
 PL (7th Ed.) 77d. 
 
DISTRICT 
 
 320 
 
 DITTAY 
 
 DISTRICT. A certElin portion of the coun- 
 try, separated from the rest for some special 
 purposes. 
 
 The United States are divided into judicial 
 districts, in each of which is established a 
 district court, these districts being subdivi- 
 sions of the circuits (q. v.) They are also 
 divided into election districts, collection dis- 
 tricts, etc. 
 
 DISTRICT ATTORNEYS OF THE UNIT- 
 
 ed States. Officers appointed in each judi- 
 cial district, whose'duty it is to prosecute, 
 in such district, all delinquents, for crimes 
 and offenses cognizable under the authority 
 ■ of the United States, and all civil actions in 
 which the United States shall be concerned, 
 except in the supreme court, in the district 
 in ^wiiich the court shall be holden. 
 
 DISTRICT PARISHES. Ecclesiastical di- 
 visions of parishes in England, for all pur- 
 poses of worship, and for the celebration of 
 marriages, christenings, churchings, and 
 burials, formed at the instance of the 
 queen's commissioners for building new 
 churches. See 3 Steph. Comm. 744. 
 
 DISTRICTIO. A distress; a distraint. 
 Cowell. 
 
 DISTRINGAS. A writ directed to the 
 sheriff, commanding him to distrain a per- 
 son of his goods and chattels to enforce a 
 compliance with what is required of him. 
 ' It is used to compel an appearance where 
 the party cannot be found, and in equity 
 may be availed of to compel the appearance 
 of a corporation aggregate. 4 Bouv. Inst, 
 note 4191; Comyn, Dig. "Process" (D 7) ; 
 Chit. Prac; Sellon, Prac. 
 
 A form of execution in the actions of det- 
 inue and assize of nuisance. Brooke, Abr. 
 pi. 26; 1 Rawle (Pa.) 44. 
 
 DISTRINGAS JURATORES (Lat. that 
 you distrain jurors). A writ commanding 
 the sheriff to have the bodies of the jurors, 
 or to distrain them by their lands and goods, 
 that they may appear upon the day appoint- 
 ed. 3 Sharswood, Bl. Comm. 354. It issues 
 at the same time with the venire, though in 
 theory afterwards, founded on the supposed 
 neglect of the juror to attend. 3 Steph. 
 Comm. 590. 
 
 DISTRINGAS NUPER VICE COMITUM 
 
 (Lat. that you distrain the late sheriff). A 
 writ to distrain the goods of a sheriff who 
 is out of office, to compel him to bring in 
 the body of a defendant, or to sell goods at- 
 tached under a fi. fa., which he ought to 
 have done while in office, but has failed to 
 do. 1 Tidd, Prac. 313. ' 
 
 DISTRINGAS VICE COMITEM. A writ of 
 distringas, directed to the coroner, may be 
 issued against a sheriff if he neglects to exe- 
 cute a writ of venditioni exponas. Archb. 
 Prac. 584. 
 
 DISTRINGERE (Lat.) In feudal and old 
 English law. To distrain; to coerce or com- 
 
 pel; literally, to bond fast, or strain hard. 
 Spelman; Calv. Lex. Nee villa nee homo 
 distringatur facere pontes, nor shall a vill 
 nor a man be distrained to make bridges 
 Magna Charta (9 Hen. 111.) c. 15; Id! 
 (Johan.) c. 23. Constringere is used in this 
 sense in old writs. Spelman. 
 
 DISTURBANCE. A wrong done to an in- 
 corporeal hereditament by hindering ot dis- 
 quieting the owner in the enjoyment of it. 
 Finch, Law, 187; 3 Bl. Comm. 235; 1 Swift 
 Dig. 522; Comyn, Dig. "Action upon the 
 Case," "Pleader" (3 I 6) ; 1 Serg. & R. 
 (Pa.) 298; 41 Me. 104. The remedy for a 
 disturbance is an action qn the case, or, in 
 some instances in equity, by an injunction. 
 
 Disturbance of Common. Any act 
 
 done by which the right of another to his 
 common is incommoded or hindered. ' The 
 remedy is by distress (where beasts are 
 put on his common), or by action on the 
 case, provided the damages are large enough 
 to admit of his laying an action with a per 
 quod. Cro. Jac. 195; Co. Litt. 122; 3 Bl. 
 Comm. 237; 1 Saund. 546; 4 Term R. 71. 
 
 Disturbance of Franchise. Any acts ' 
 
 done whereby the owner of a franchise 
 has his property damnified, or the profits 
 arising thence diminished. The remedy for 
 such disturbance is a special action on the 
 xjase. Cro. Eliz. 558; 2 Saund. 113b; 3 
 Sharswood, Bl. Comm. 236; 28 N. H. 438. 
 Disturbance of Patronage. The hin- 
 drance or obstruction of the patron to pre- 
 sent his clerk to a benefice. 3 Bl. Comm. 
 242. The principal remedy was a writ of 
 right of advowson; and there were also 
 writs of darrein presentment and of quare 
 impedit. Coke, 2d Inst. 355; Pitzh. Nat. 
 Brev. 31. 
 
 Disturbance of Tenure. Breaking the 
 
 connection which subsists between lord and 
 tenant. 3 Bl. Comm. 242; 2 Steph. Comm. 
 513. 
 
 Disturbance of Ways. This happens 
 
 where a person who hath a right of way 
 over another's ground by grant or prescrip- 
 tion is obstructed by inclosures or other ob- 
 stacles, or by ploughing across it, by which 
 means he cannot enjoy his right of way, or 
 at least in so commodious a manner as he 
 might have done. 3 Sharswood, Bl. Comm. 
 242; 5 Gray (Mass.) 409; 7 Md. 352; 23 
 Pa. St. 348; 29 Pa. St'. 22. 
 
 DISTURBER. If a bishop refuse or neg- 
 lect to examine or admit a patron's clerk, 
 without reason assigned or notice given, he 
 is styled a "disturber" by the law, and shall 
 not have any title to present by lapse; for 
 no man shall take advantage of his own 
 wrong. 2 Bl. Comm. 278. 
 
 DITES OUSTER (Law Pr. say over). The 
 form of awarding a respondeas ouster, in 
 the Year Books. Y. B. M. 6 Edw. III. 49. 
 
 DITTAY. In Scotch law. A technical term 
 
 in civil law, signifying the matter of charge 
 
 lor ground of indictment against a person 
 
DIVERSITE DES COURTS 
 
 321 
 
 mvisiM 
 
 accused of crime. Taking up dittay is ob- 
 taining informations and presentments of 
 crime in order to trial. Skene de Verb. 
 Sign.; Bell, Diet. 
 
 DIVERSITE DES COURTS. A treatise on 
 courts and their jurisdiction, written in 
 French in the reign of Edward III., as is 
 supposed, and by some attributed to Fitz- 
 herbert. It was first printed in 1525, and 
 again in 1534. Crabb, Hist. Eng. Law, 330, 
 483; 3 Bl. Comm. 53; 3 Reeve, Hist. Eng. 
 Law, 152; 3 Steph. Comm. 414. 
 
 DIVERSITY. A plea by a convict, in bar 
 of execution; of "diversity of person," i. e., 
 that he is not the same person who was at- 
 tainted. 4 Bl. Comm. 396. 
 
 DIVERSO INTUITU (Lat.) With a differ- 
 ent view, purpose, or design; in a different 
 view or point of view; by a different course 
 or process. 1 W. Bl. 89 ; Cas. temp. Hardw. 
 132; 9 East, 311; 4 Kent, Comm. 211, note; 
 1 Pet. (U. S.) 500; 2 GalL (U. S.) 318; 
 Story, Bailm. § 57. See "Alio Intuitu." 
 
 DIVERSORIUM. In old English law. A 
 lodging or inn. Towns. PI. 38. 
 
 DIVES. In the practice of the English 
 chancery division, "dives costs" are costs on 
 the ordinary scale, as opposed to the costs 
 formerly allowed to a successful pauper 
 suing or defending in forma pauperis, and 
 which consisted only of his costs out of 
 pocket. Daniell, Ch. Pr. 43; Cons. Ord. 
 xl. 5. 
 
 DIVEST. See "Devest." 
 
 DIVESTITIVE FACT. One which puts an 
 end to a right or status. Thus, the right of 
 a creditor is at an end when his debt is 
 paid. Bentham divides divestitive facts into 
 destitutive, abolishing rights, and exonera- 
 tive, extinguishing duties. See "Dispositive 
 Facts." 
 
 DIVIDE ET IMPERA, CUM RADIX ET 
 vertex imperil In obedientium consensu ratae 
 sunt. Divide and govern, since the founda- 
 tion and crown of empire are established in 
 the consent of the obedient. 4 Inst. 35. 
 
 DIVIDEND. A portion of the principal or 
 profits divided among several owners of a 
 thing. 
 
 The term is usually applied to the division 
 of the profits arising out of bank or other 
 stodts, or to the division among the creditors 
 of the effects of an insolvent estate. 
 
 In another sense, according to some old 
 authorities, it signifies one part of an in- 
 denture. 
 
 A corporate profit set aside, declared and 
 ordered by the directors to be paid to the 
 stockholders on demand or at a fixed time. 
 20S 111. 818. 
 
 A cash dividend is a disbursement to the 
 stockholder of accumulated earnings, and 
 the corporation at once parts irrevocably 
 with all interest therein. But a stock divi- 
 
 dend involves no disbursement by the cor- 
 poration. It parts with nothing, and the 
 stockholder receives merely certificates of 
 stock which evidence, with his former 
 shares, his interest in the entire capital. 
 Stock dividends represent an addition from 
 accrued earnings to the capital of the com- 
 pany; but they do not represent income, but 
 merely additions to the source of income. 
 Hale, Private Corporations, 227. 
 
 DIVIDENDA. In old records. An inden- 
 ture; one counterpart of an indenture. 
 
 DiVINARE (Lat.) To divine; to conjec- 
 ture or gu'ess; to foretell. Divinatio, a con- 
 jecturing or guessing. 
 
 DIVINATIO NON INTERPRETATIO 
 est, quae omnino recedit a litera. It is a 
 guess, not interpretation, which altogether 
 departs from the letter. Bac. Max. reg. 3, 
 p. 47. 
 
 DIVINE SERVICE. A species of feudal 
 tenure, by which the tenant was required to 
 say masses, to distribute such a sum in 
 alms or the like. It differed from frank- 
 almoign in that, for breach of a duty of di- 
 vine service, the lord could destrain with- 
 out complaint to the visitor; the particular 
 service being always expressly defined and 
 prescribed. 2 Bl. Comm. 102. 
 
 DIVISA, or DEVISA (Law Lat. from Fr. 
 diviser, to divide). In old English law. A 
 division or partition; a division or distribu- 
 tion of goods by will; a will or testament 
 of goods or chattels. Spelman; Cowell; 
 Glanv. lib. 12, c. 20; Id. lib. 7, c. 5. Hence 
 the modern "devise," now confined to mean 
 a will or disposition of real estate by will. 
 See "Devise." 
 
 A division or boundary between neigh- 
 boring or adjoining lands (Law Fr. devise, 
 q. v.), such as a highway, a wall, ditch, or 
 stream, a stake or stone. Bracton, fol. 180b. 
 As to streams, see Fleta, lib. 4, c. 6, § 3. 
 
 DIVISIBILIS EST SEMPER DIVISIBILIS. 
 
 A thing divisible may be forever divided. 
 
 DIVISIBLE. That which is susceptible of 
 being divided. 
 
 A contract cannot, in general, be divided 
 in such a manner that an action may be 
 brought, or a right accrue, on a part of it. 2 
 Pa. St. 454. But some contracts are sus- 
 ceptible of division; as when a reversioner 
 sells a part of the reversion to one man, 
 and a part to another, each shall have an 
 action for his share of the rent which may 
 accrue on a contract to pay a particular rent 
 to the reversioner. 8 Whart. (Pa.) 404. See 
 "Apportionment." But when it is to do 
 several things at several times, an actioil 
 will lie upon every default. 15 Pick. (Mass.) 
 409. See 1 Me. 316; 6 Mass. 344. 
 
 DIV.ISIM. In old English law. Severally; 
 separately. Bracton, fol.> 47. 
 
DIVISION 
 
 322 
 
 DO UT FACIAS 
 
 DIVISION. In English law. A particular 
 and ascertained part of a county. In Lin- 
 colnshire, "division" means what "riding" 
 does in Yorkshire. 
 
 DIVISION OF OPINION. iDisagreement 
 among those called upon to decide a matter. 
 
 When, in a company or society, the parties 
 having a right to vote are so divided that 
 there is not a plurality of the whole in 
 favor of any particular proposition, or when 
 the voters are equally divided, it is said 
 there is division of opinion. The term is 
 especially applied to a disagreement among 
 the judges of a court, such that no decision 
 can be rendered upon the matter referred 
 to them. 
 
 When the judges of a court are divided 
 into three classes, each holding a different 
 opinion, that class which has the greatest 
 number shall give the judgment. For ex- 
 ample, on a habeas corpus, when a court is 
 composed of four judges, and one is for re- 
 manding the prisoner, another is for dis- 
 charging him on his own recognizance, and 
 the two others are for discharging him abso- 
 lutely, the judgment will be that he be dis- 
 charged. Bac. Abr. When a division of 
 opinion exists in the United States circuit 
 court, the cause may be certified to the su- 
 preme court for decision. Act Cong. April 
 29, 1802, § 6. 
 
 DIVISUM IMPERIUM (Lat.) A divided 
 empire or jurisdiction; a jurisdiction shared 
 between two tribunals, or exercised by them 
 alternately. This classic phrase is frequent- 
 ly applied in the books to the jurisdiction 
 alternately exercised by the courts of com- 
 mon law and admiralty, between high and 
 low water mark, where the sea ebbs and 
 flows; the one having jurisdiction upon the 
 water when it is full sea, and the other upon 
 the land when it is an ebb. Finch, Law, bk, 
 2, c. 1, p. 78; 5 Coke, 107; 1 Bl. Comm. 110; 
 Molloy de Jur. Mar. 231; 1 Kent, Comm. 
 366. It is applied, also, to the jurisdiction 
 exercised by courts of common law and 
 equity over the same subject. 4 Steph. 
 Comm. 9. 
 
 DIVORCE. The dissolution or partial sus- 
 pension, by law, of the marriage relation. 
 
 The dissolution is termed "divorce from 
 the bond of matrimony," or, in the Latin 
 form of the expression, a vinculo matri- 
 monii; the suspension, divorce from bed and 
 board, a mensa et thoro. The former di- 
 vorce puts an end to the marriage; the lat- 
 ter leaves it in full force. Bish. Mar. & Div. 
 § 292. The term "divorce" is sometimes 
 also applied to a sentence of nullity, which 
 establishes that a supposed or pretended 
 marriage either never existed at all, or at 
 least was voidable at the election of one or 
 both of the parties. 
 
 The more correct modern usage, however, 
 confineis the signification of divorce to the 
 dissolution of a valid marriage. What has 
 been known as a divorce a mensa et thoro 
 may more properly be termed a legal sepa- 
 
 ration. So, also, a sentence or decree which 
 renders a marriage void o6 initio, and bas- 
 tardizes the issue, should be distinguished 
 from one which is entirely prospective in 
 its operation; and for that purpose the for-' 
 mer may be termed a "sentence of nullity." 
 
 DIVORTIUM DICITUR A DIVERTENDO, 
 quia vir divertitur ab uxore. Divorce Is 
 called from divertendo, because a man is di- 
 verted from his wife. Co. Litt. 235. 
 
 DIXIEME (Fr.) Tenth; the tenth part. 
 Ord. Mar. liv. 1, tit. 1, art. 9. 
 
 In Old French Law. An Income tax 
 
 payable to the crown. Steph. Lect. 359. 
 
 DO (Lat. I give). The ancient and aptest 
 word of feoffment and of gift. 2 Bl. Comm. 
 310, 316; Co. Litt. 9. 
 
 DO, DICO, ADDICO (Lat. I give, I say, T 
 adjudge) . Three words used in the Roman 
 law to express the extent of the civil juris- 
 diction of the praetor. Do denoted that he 
 gave or granted actions, exceptions, and 
 indices; dico, that he pronounced judgment; 
 addico, that he adjudged the controverted 
 property, or the goods of the debtor, etc., to 
 the plaintiff. Kaufm. Mackeld. Civ. Law, 
 187; Id. 24, § 35, note b; Calv. Lex. 
 
 DO, LEGO (Lat. I give, I bequeath; or, I 
 give and bequeath). The formal words of 
 making a bequest or legacy, in the Roman 
 law. Titio et Seio hominem Stichum do, 
 lego; I give and bequeath to Titius and 
 Seius, my man Stichus. Inst. 2. 20. 8. 30. 
 31. The expression is literally retained in 
 modern wills. According to Calvin, who 
 quotes Spiegelius, either of these words sep- 
 arately imports as much as both together. 
 Calv. Lex.; Tayl. Civ. Law, 240. 
 
 DO UT DES (Lat.) I give that you may 
 give. Dig. 19. 4; Id. 19. 5. 5; 2 Bl. Comm. 
 444. 
 
 DO UT FACIAS (Lat. I give that you may 
 do; I give [you] that you may do or make 
 [for me]). A formula in the civil law, un- 
 der which those contracts were. classed, in 
 which one party gave or agreed to give 
 money, in consideration the other party did 
 or performed certain work. Dig. 19. 5. 5; 
 2 Bl. Comm. 444. Do tibi eodicem, ut facias 
 miM scribi disgestum, I give you a code, 
 that you may have a digest written (or 
 copied) for me. Bracton, fol. 19. 
 
 The particle ut, in this and the foregoing 
 phrase, is considered as denoting or express- 
 ing a consideration; so much, that Black- 
 stone has treated them as forms of consid- 
 eration. 2 Bl. Comm. ubi aujjra. Strictly, 
 howtevfer. ut denotes that the civilians called 
 mddvcs (qualification) ; quia being the par- 
 ticle employed to denote what they called 
 Odusa, which is generally translated "consid- 
 eration." Bracton, fol. 18b. See "Consid- 
 eration;" "Causa." Britton calls these 
 phraaies or formulae, conditions, and repeats 
 them after Bracton; but the passage in the 
 
DOCK 
 
 32S 
 
 DOLI INCAPAX 
 
 original edition is much corrupted. Britt. 
 C.S6. 
 
 DOCK. As a noun, the Inclosed space oc- 
 cupied by prisoners in a criminal court; the 
 space between two wharves. 
 
 As a verb, to curtail or diminish, as to 
 dock an entail. 
 
 DOCK WARRANT. A document issued by 
 a dock company or dock owner in England, 
 stating that certain goods therein mentioned 
 are deliverable to a person therein named, 
 or to his assigns, by indorsement. Dock 
 warrants in form resemble bills of lading 
 (q. v.), but they differ from them in this, 
 that, when goods are at sea, a purchaser who 
 takes a bill of lading has done all that is 
 possible to obtain possession of them, while 
 a purchaser who takes a dock warrant can 
 at any moment lodge it with the dock com- 
 pany, and so take actual or constructive 
 possession of the goods. It therefore seems 
 that the indorsement of a dock warrant 
 does not, at common law, pass the ownership 
 in the goods, or divest the vendor's lien if 
 the goods have not been paid for, but merely 
 operates as a constructive delivery of them 
 as between the indorser and indorsee, until 
 the dock company has "attorned" to the in- 
 dorsee by agreeing to hold the goods for 
 him. Benj. Sales, 573, 674; 3 C. P. Div. 373, 
 450. See "Delivery Order." Dock warrants, 
 however, are included in the factors' acts 
 among the "documents of title," the posses- 
 sion of which gives a factor power to confer 
 a good title to the goods on persons dealing 
 with him in good faith. Benj. Sales, 668. 
 See "Factors' Acts." 
 
 DOCKAGE. The charge for use of a dock. 
 
 DOCKET. A formal record of judicial pro- 
 ceedings; a brief writing; a small piece of 
 paper or parchment having the effect of a 
 larger. Blount. An abstract. Cowell. 
 
 DOCKET, STRIKING A. In English bank- 
 ruptcy practice. The filing of petition and 
 bond to obtain the lord chancellor's fiat, al- 
 lowing proceedings against an alleged bank- 
 rupt. Brown. 
 
 DOCTOR AND STUDENT. The title of a 
 work written by St. Germain in the reign of 
 Henry VIII., in which many principles of 
 the common law are discussed in a popu- 
 lar manner. It is in the form of a dialogue 
 between a doctor of divinity and a stud- 
 ent in law, and has always been consid- 
 ered a book of merit and authority. 1 Kent, 
 Coram. 504; Crabb, Hist. Eng. Law, 482. 
 
 DOCTORS COMMONS. An institution 
 near St. Paul's cathedral, where the ec- 
 clesiastical and admiralty courts are held. 
 
 DOCUMENTS. The deeds, agreements, 
 title papers, letters, receipts, and other 
 written instruments used to prove a fact. 
 
 In Civil Law. Evidence delivered in 
 
 the forms established by law, of whatever 
 nature such evidence may be. The term is. 
 
 however, applied principally to the testi- 
 mony of witnesses. Savigny, Hist. Rom. 
 Law, § 165. 
 
 DODRANS (Lat.) In Roman law. A sub- 
 division of the as, containing nine undae; 
 the proportion of nine-twelfths, or three- 
 fourths. 2 Bl. Comm. 462, note; TayL 
 Civ. Law, 492. 
 
 DOE, JOHN. Originally the name of the 
 fictitious plaintiff in the action of eject- 
 ment. Now used as a fictitious name to 
 designate any party whose name is un- 
 known. 
 
 DOED BANA (Saxon). The actual per- 
 petrator of a homicide. 
 
 DOER. In Scotch law. An agent or at- 
 torney. 1 Kames, Eq. 325. 
 
 DOG-DRAW. In forest law. Drawing 
 after, that is, pursuing, a deer with a dog. 
 One of the circumstances which consti- 
 tuted what was called the manifest depre- 
 hension of an offender against venison in 
 a forest; that is, his being caught in the 
 act of committing the offense, or taken with 
 the mainour, as it was otherwise called. 
 Manw. For. Law, pt 2, c. 8. See "Main- 
 our." 
 
 DOGMA. In civil law. This word is used 
 in the first chapter, first section, of the 
 second Novel, and signifies an ordinance 
 of the senate. See, also, Dig. 27. 1. 6. 
 
 DOING BUSINESS. The expression "do- 
 ing business" is equivalent to the expres- 
 sion "transacting business." 149 111. App. 
 511. 
 
 The expression as used in statutes regu- 
 lating foreign corporations, has a settled 
 and recognized meaning, referring only to 
 the transaction of the ordinary business 
 in which the corporation is engaged, and 
 not including acts not constituting any part 
 of its ordinary business. 244 111. 360. 
 
 DOITKIN, or DOIT. A foreign coin of 
 small value, prohibited by St. 3 Hen. V. c. 
 1, from being introduced into England. 
 
 DOLE (Law Lat. dolaf Saxon, doel; from 
 doelan, to divide or distribute). 
 
 In Old English Law. A part or por- 
 tion. Spelman. Dole meadow was one in 
 which several persons had a share. Cowell. 
 
 In Scotch Law. Criminal intent; evil 
 
 design. Bell, Diet. voc. "Crime." 
 
 DOLG (Saxon). A wound. Spelman. 
 
 DOLG BOTE. A recompense for a scar or 
 wound. Cowell. 
 
 DOLI CAPAX. Capable of mischief; hav- 
 ing knowledge of right and wrong. 4 Bl. 
 Comm. 22, 23; 1 Hale, P. C. 26, 27. 
 
 DOLI INCAPAX (Lat.) Incapable of dis- 
 tinguishing good from evil. A child under 
 fourteen is, prima fade, incapax doli, but 
 
DOLO 
 
 324 
 
 DOMESDAY, DOMESDAY BOOK 
 
 may be shown to be ca/pax doli. 3 Bl. Conun. 
 28. 
 
 DOLO. The Spanish form of dolus. 
 
 DOLOSUS VERSATUR IN GENERALI- 
 bus. A deceiver deals in generals. 2 Coke, 
 34; 2 Bulst. 226; Lofft, 782; 1 Rolle, Abr. 
 157; Wingate, Max. 636; Broom, Leg. Max. 
 (3d London Ed.) 264. 
 
 DOLUM EX INDICIIS PERSPICUIS PRO- 
 bari convenlt. Fraud should be proved by 
 clear tokens. Code, 2. 21. 6; 1 Story, Cent. 
 (4th Ed.) p. 602. 
 
 DOLUS (Lat.) In civil law. A fraudulent 
 address or trick used to deceive some one; 
 a fraud. Dig. 4. 3. 1. Any subtle con- 
 trivance by words or acts with a design to 
 circumvent. 2 Kent, Comm. 560; Code, 2. 
 21. 
 
 Dolus differs from culpa in this* that 
 ■ the latter proceeds from an error of the 
 understanding, while to constitute the for- 
 mer there must be a will or intention to 
 do wrong. Wolff. Inst. § 17. 
 
 It seems doubtful, however, whether the 
 general use of the word dolus in the civil 
 law is not rather that of very great negli- 
 gence, than of fraud, as used in the com- 
 mon law. 
 
 Such acts or omissions as operate as a 
 deception upon the other party, or violate 
 the just confidence reposed by him, whether 
 there be a deceitful intent (malus animus) 
 or not. Poth. du Depot, notes 23, 27; 
 Story, Bailm. § 20a; 2 Kent, Comm. 506, 
 note. 
 
 DOLUS AUCTORIS NON NOCET SUC- 
 cessorl. The fraud of a predecessor does 
 not prejudice the successor. 
 
 DOLUS CIRCUITU NON PURGATOR. 
 Fraud is not purged by circuity. Bac. Max. 
 reg. 1; Noy, Max. 9, 12; Broom, Leg. Max. 
 (3d London Ed.) 210. 
 
 selves need to be excused. Y. B. 14 Hen. 
 VIII. 8; Story, Eq. Jur. § 395; 3 Coke, 
 78; 2 Fonbl. Eq. bk, 2, c. § 3. 
 
 DOLUS MALUS (Lat, fraud; deceit with 
 an evil intention). Distinguished from 
 dolus bonus, justifiable or allowable deceit. 
 Calv. Lex.; Broom, Leg. Max. 349; 1 Kaufm. 
 Mackeld. Civ. Law, 165. Misconduct. Mag- 
 na negligentia culpa est; magna culpa dolus 
 est, great negligence is a fault; a great fault 
 is fraud. 2 Kent, Comm. 560, note. 
 
 DOM. PROC. {domus procerum). The 
 house of lords. Wharton. 
 
 DOMAIN. Dominion; territory governed; 
 possession; estate; land about the mansion- 
 house of a lord; the right to dispose at our 
 pleasure of what belongs to us. 
 
 A distinction has been , made between 
 "property" and "domain.*' The former is 
 said to be that quality which is conceived to 
 be in the thing itself, considered as be- 
 longing to such or such person, exclusive- 
 ly of all others. By the latter is under- 
 stood that right which the owner has of dis- 
 posing of the thing. Hence, domain and 
 property are said to be correlative terms; 
 the one is the active right to .dispose of 
 the other a passive quality which follows 
 the thing, and places it at the disposition 
 of the owner. 3 Toullier, Dr. Civ , note 
 83 But this distinction is too subtle for 
 prkctical use. Puffendorff, Law Nat. ib. 
 1 c 4 §2. See 1 Bl. Comm. 105, 106; 1 
 Bouv. Inst, note 456; Clef des Lois Rom.; 
 Domat, Civ. Law; 1 Hilhard, Real Prop. 
 24; 2 Hill, Abr. 237. 
 
 DOMBOC, or DOMBEC (Saxon). The 
 name of codes of laws among the Saxons. 
 Of these. King Alfred's was the most fa- 
 mous. 1 Bl. Comm. 46; 4 Bl. Comm. 411. 
 
 The Domboc of King Alfred is not to bft 
 confounded with the Domesday Book ot 
 William the Conqueror. 
 
 DOLUS DANS LOCUM CONTRACTUI. 
 Fraud or deceit giving occasion for the con- 
 tract. This phrase is applied to a false rep- 
 resentation, when it is such as to induce 
 the contract. The phrase is commonly used 
 in expressing the rule that a contract is 
 not voidable for misrepresentations unless 
 the representation was dans locum con- 
 tractui, i. e., unless it induced the misled 
 party to enter into the contract. There- 
 fore, if the person to whom the false repre- 
 sentations were made fiid not rely on it, 
 but made further inquiries, he could not 
 afterwards make use of it to avoid the con- 
 tract. 6 Clark & F. 444. 
 
 DOLUS EST MACHINATIO, CUM ALIUD 
 dissimulat allud agit. Deceit Is an artifice 
 since it pretends one thing and does another. 
 Lane, 47. 
 
 DOLUS ET FRAUS NEMINI PATROCI- 
 nentur; patroclnarl debent. Deceit and fraud 
 shall excuse or benefit no man; they them- 
 
 DOME (Saxon). Doom; sentence; judg- 
 ment; an oath; the homager's oath in the 
 Black Book of Hereford. Blount. 
 
 DOME BOOK. A book or code said to 
 have been compiled under the direction of 
 Alfred for the general use of the whole 
 kingdom of England; containing, as is sup- 
 posed, the principal maxims of the common 
 law, the penalties for misdemeanors, and tne 
 forms of judicial proceedings. It is said to 
 have been extant so late as the reign of M- 
 ward IV., but is now lost. 1 Bl. Comm. 
 
 This is stated by Blackstone on the au- 
 thority of the early English historians, but 
 Mr. Hallam considers the authority insuf- 
 ficient. 2 Hallam, Mid. Ages, 402. 
 
 DOMESDAY, or DOMESDAY BOOK (Sax- 
 on) . An ancient record made in the t"«e oi 
 William the Conqueror, and now rsmaimng 
 in the English exchequer, consisting ol vhq 
 
DOMESMEN 
 
 325' 
 
 DOMICILE 
 
 volumes of unequal size, containing minute 
 and accurate surveys of the lands in Eng- 
 land. It has been printed, also. 2 Shars- 
 wood, Bl. Comm. 49, 60. 
 
 A variety of ingenious accounts are given 
 of the origin of this term by the old writers. 
 The commoner opinion seems to be that it 
 was so called from the fullness and com- 
 pleteness of the survey making it a day of 
 judgment for the value, extent, and quali- 
 ties of every piece of land. See Spelman; 
 Blount; Termes de la Ley. 
 
 It was practically a careful census taken 
 and recorded in the exchequer of the king- 
 dom of England. 
 
 DOMESMEN (Saxon). An inferior kind 
 of judges; men appointed to doom (judge) 
 in matters in controversy. Cowell. Suitors 
 in a court of a manor in ancient demesne, 
 who are judges there. Blount; Whishaw; 
 Termes de la Ley. 
 
 DOMESTIC. Pertaining to domicile or 
 family. 
 
 One who resides in the house with the 
 master he serves. The term does not extend 
 to workmen and laborers employed out of 
 doors. 41 Tex. 558. 
 
 Animals. An animal (whether a 
 
 quadruped or not and not absolutely ferae 
 naturae) which either by habit or training 
 lives in association with man is a domes- 
 tic animal. 
 
 Fowls and poultry are within the term, 3 
 B. & S. 386; 32 L. J. M. C. 95, as are pet 
 birds, such as a canary or linnet. Parrots 
 may become, but young unacclimated par- 
 rots are not. 50 L. J. M. C. 67; 120 D. B. 
 67. 
 
 A tame unconfined sea-gull which will go 
 to its owner when called, feed out of the 
 hand and submit to be photographed, be- 
 ing used by the owner for that purpose in 
 the owner's business of a photographer, is 
 not a "domestic animal" within the mean- 
 ing of a statute providing that if any per- 
 son shall cruelly ill-treat any domestic ani- 
 mal he shall be liable to a penalty [1896]. 
 1 Q. B. 166. 
 
 Performing lions, kept in a cage, are not 
 domestic animals within the meaning of 
 the same acts. 2 Q. B. 319; nor are wild 
 rabbits caught in nets, and kept in confine- 
 ment and fed during five or six days im- 
 mediately following the capture. 2 Q. B. 
 57. 
 
 Products. The word is appropriately 
 
 used in an act of the state legislature to 
 describe only a product exclusively belong- 
 ing to, and within the sovereign jurisdiction 
 of the state. 64 Pa. St. 103. 
 
 DOMESTIC ADMINISTRATION. See "Ad- 
 ministration" (11), 
 
 DOMESTIC ATTACHMENT. A species 
 of attachment against resident debtors who 
 absent or conceal themselves, as foreign at- 
 tachment (q. V.) is against nonresidents. 
 20 Pa. St 144; 2 Kent, Comm. 403. 
 
 DOMESTIC BILL OF EXCHANGE. A bill 
 of exchange drawn on a person residing in 
 the same state with the drawer; or dated at 
 a place in the state, and drawn on a per- 
 son living within the state. 25 Miss. 143. 
 It is the residence of the drawer and 
 drawee which must determine whether a 
 bill is domestic or foreign. Id. 
 
 DOMESTIC CORPORATIONS. Corpora- 
 tions transacting business in the state by 
 which they are created. 
 
 DOMESTICS. Those who reside in the 
 same house with the master they serve. 
 The term does not extend to workmen or 
 laborers employed out of doors. 5 Bin. 
 (Pa.) 167; Merlin, Repert. The act of 
 Congress of April 30, 1790 (section 25), 
 uses the word "domestic" in this sense. 
 
 DOMESTIC US. In old European law. A 
 seneschal, steward, or major domo; a 
 judge's assistant; an assessor (q. v.) Spel- 
 man. 
 
 DOMICELLA. In old English law. A 
 damsel. Fleta, lib. 1, c. 20, § 80. 
 
 DOMICELLUS (Law Lat. dim. of domi- 
 nus). In old European law. A young lord; 
 a title anciently given to the king's natural 
 sons in France, and sometimes to the eldest 
 sons of noblemen there. Spelman; Blount. 
 Spelman says it answered to the Saxon 
 "adeling," "aetheling." 
 
 DOMICILE. That place where a man has 
 his true, fixed and permanent home and 
 principal establishment, and to which, when- 
 ever he is absent, he has the intention 
 of returning. Lieber, Enc. Am.; 10 Mass. 
 188; 11 La. 175; 5 Mete. (Mass.) 187; 4 
 Barb. (N. Y.) 505; 9 Ired. (N. C.) 99; 1 
 Tex. 673; 13 Me. 255; 27 Miss. 704; 1 Bosw. 
 (N. Y.) 673; 74111.312. 
 
 The place in which one's habitation is 
 fixed, without any present intention of re- 
 moving therefrom. Story, Confl. Laws, § 43. 
 
 It is a more extensive term than "resi- 
 dence" or "habitation," not only residence, 
 but intent to remain, being essential to 
 domicile (4 Hun [N. Y.] 487; 4 Humph. 
 [Tenn.] 346), though they have been con- 
 sidered convertible for certain purposes (17 
 Pick. [Mass.] 291). 
 
 Domicile may be either national or do- 
 mestic. In deciding the question of nation- 
 al domicile, the point to be determined will 
 be in which of two or more distinct nation- 
 alities a man has his domicile. In deciding 
 the matter of domestic domicile, the ques- 
 tion is in which subdivision of the nation 
 does the person have his domicile. Thus, 
 whether a person is domiciled in England 
 or France would be a question of national 
 domicile, whether in Norfolk or Suffolk 
 county, a question of domestic domicile. 
 The distinction is to be kept in mind, since 
 the rules for determining the two domiciles, 
 though frequently, are not necessarily, the 
 same. See 2 Kent, Comm. 449; Story, Confl. 
 
DOMICILIATE 
 
 326 
 
 DOMINIUM 
 
 Laws, § 39 et seq.; Westl. Priv. Int. Law, 
 15: Wheat. Int. Law, 123 et seq. 
 
 The Romanists and civilians seem to at- 
 tach about equal importance to the place of 
 business and of residence as fixing the 
 place of domicile. Story, Confl. Laws, § 42. 
 This may go far towards reconciling the 
 discrepancies of the common law and civil 
 law as to what law is to govern in regard 
 to contracts. But at common law the main 
 question in deciding where a person has his 
 domicile is to decide where he has his 
 home, and where he exercises his political 
 rights. 
 
 Legal residence, inhabitancy, and domicile 
 are generally used as synonymous. 1 Bradf. 
 Sur. (N. Y.) 70; 1 Har. (Del.) 383; 1 
 Spencer (N. J.) 328; 2 Rich. (S. C.) 489; 
 10 N. H. 452; 3 Wash. C. C. (U. S.) 555; 
 15 Mees. & W. 433; 23 Pick. (Mass.) 170; 
 5 Mete. (Mass.) 298; 4 Barb. (N. Y.) 505; 
 7 Gray (Mass.) 299. But much depends 
 on the connection and purpose. 1 Wend. 
 (N. Y.) 43; 5 Pick. (Mass.) 231; 17 Pick. 
 (Mass.) 231; 15 Me. 68. 
 
 Commercial domicile is a domicile ac- 
 quired by maintenance of a commercial es- 
 tablishment in a country, in relation to 
 transactions connected with such establish- 
 ments. 1 Kent, Comm. 82; 2 Kent, Comm. 
 11, 12, 
 
 DOMICILIATE. To fix or establish a 
 domicile. 
 
 DOMIGERIUM. Power over another; also 
 danger. Bracton, lib. 4, tit. 1, c. 10. 
 
 DOMINA. A title given to honorable wo- 
 men, who anciently, in their own right of 
 inheritance, held a barony. Cowell. 
 
 DOMINANT. That to which a servitude 
 or easement is due, or for the benefit of 
 which it exists. Distinguished from "ser- 
 vient," that from which it is due. See 
 "Easement." 
 
 DOMINANT TENEMENT. In civil and 
 Scotch law. A term used in the constitu- 
 tion of servitudes, meaning the tenement 
 or subject in favor of which the servitude 
 is constituted. Bell, Diet. 
 
 DOM IN ATI 0. In old English law. Lord- 
 ship. Mem. in Scacc. H. 22 Edw. I. 
 
 DOMINICIDE. The act of killing one's 
 lord or master. 
 
 DOMINICUM (Lat. domain; demain; de- 
 mesne) . A lordship ; that of which one has 
 the lordship or ownership; that which re- 
 mains under the lord's immediate charge 
 and control. 
 
 In this sense it is equivalent to the Saxon 
 bordlands. Spelman; Blount. In regard to 
 lands for which the lord received services 
 and homage merely, the dominiiyum was in 
 the tenant. 
 
 Property; domain; anything pertaining 
 to a lord. Cowell. 
 
 In Ecclesiastical Law. A church, or 
 any other building consecrated to God.Du 
 Cange. 
 
 DOMINICUM ANTIQUUM. In old English 
 law. Ancient demesne. Bracton, fol. 369b. 
 
 DOMINIUM (Lat.) Perfect and complete 
 property or ownership in a thing. 
 
 Plenum in re dominium, — plena in re po- 
 testas. This right is composed of three 
 principal elements, viz., the right to use, 
 the right to enjoy, and the right to dispose 
 of the thing, to the exclusion of every other 
 person. To use a thing, jms utendi tantum, 
 consists in employing it for the purposes 
 for which it is fit, without destroying it, 
 and which employment can therefore be re- 
 peated; to enjoy a thing, jus fruendi tan- 
 tum, consists in receiving the fruits which 
 it yields, whether natural or civil, quidquU 
 ex re nascitur; to dispose of a thing, jus 
 abutendi, is to destroy it, or to transfer it 
 to another. Thus, he who has the use of a 
 horse may ride him, or put him in the 
 plough to cultivate his own soil; but he 
 has no right to hire the horse to another, 
 and receive the civil fruits which he may 
 produce in that way. On the other hand, 
 he who has the enjoyment of a thing is 
 entitled to receive all the profits or reve- 
 nues which may be derived from it, either 
 from natural or civil fruits. And, lastly, he 
 who has the right of disposing of a thing, 
 jus abutendi, may sell it, or give it away, 
 etc., subject, however, to the rights of the 
 usury or usufructuary, as the case may be. 
 
 These three elements, msms, fructus, abu- 
 sus when united in the same person, con- 
 stitute the dominium; but they may be, and 
 frequently are, separated, so that the right 
 of disposing of a thing may belong to Pri- 
 mus, and the rights of using and enjoying 
 to Seeundus, or the right of enjoying alone 
 may belong to Seeundus, and the right of 
 using to Tertius. In that case. Primus is al- 
 ways the owner of the thing, but he_ is the 
 n&ked owner, inasmuch as for a certain time 
 he is actually deprived of all the principal 
 advantages that can be derived from it. 
 SeeuMdus, if he has the use and enjoyment, 
 jus utendi et fruendi simul, is called the 
 "usufructuary," usus-fructuariiis; if he has 
 the enjoyment only, jus fruendi tantum, he 
 is the fructuarius. And Tertius, who has 
 the right of use, jus utendi tantum, is called 
 the usuary, — usuarius. But this dismember- 
 ment of the elements of the dominium is es- 
 sentially temporary. If no shorter period 
 has been fixed for its duration, it termi- 
 nates with the life of the usuary, fructuary, 
 or usufructuary, for which reason the 
 rights of use and usufruct are called "per^ 
 sonal servitudes." Besides the separatim 
 of the elements of the dominium among dif- 
 ferent persons, there may also be a jus in 
 re, or dismemberment, so far as real estates 
 are concerned, in favor of other estates. 
 Thus, a right of way over my land may 
 exist in favor of your house. This right is 
 so completely attached to the house that it 
 
DOMINIUM DIRECTUM 
 
 327 
 
 DONATIO 
 
 can never be separated from it, except by 
 its entire extinction. This class of jura in 
 re is called "predial" or "real"' servitudes. 
 To constitute this servitude, there must be 
 two estates belonging to different owners. 
 These estates are viewed in some measure 
 as juridical persons, capable of acquiring 
 rights and incurring obligations. The es- 
 tate in favor of which the servitude exists 
 is the creditor estate, and the estate by 
 which the servitude is due, the debtor estate. 
 2 Mariade, 343 et seq. 
 
 DOMINIUM DIRECTUM (Lat.) legal own- 
 ership. 
 
 ——In the Civil Law. Ownership, as dis- 
 tinguished from enjoyment. 
 
 In the Feudal Law. The right of the 
 
 lord. 
 
 DOMINIUM DIRECTUM ET UTILE 
 (Lat.) Full ownership and possession 
 united in one person. 
 
 DOMINIUM EMINENS. Eminent domain. 
 Tayl. Civ. Law, 463. 
 
 DOMINIUM NON POTEST ESSE IN 
 pendenti. Lordship cannot be in suspense, 
 i. e., property cannot remain in abeyance. 
 Halk. Max. 39. 
 
 DOMINIUM PLENUM. Pull ownership; 
 the union of the dominium directum with 
 the dominium utile. Tayl. Civ. Law, 478. 
 
 DOMINIUM UTILE (Lat.) The beneficial 
 ownership; the use of the property. 
 
 DOMINO VOLENTE (Lat.) With the own- 
 er's consent. 
 
 D0MINU8 (Lat.) The lord or master; 
 the owner. Ainsworth. The owner or pro- 
 prietor of a thing, as distinguished from 
 him who uses it merely. Calv. Lex. A 
 master or principal, as distinguished from 
 an agent or attorney. Story, Ag. § 3; Fer- 
 riere. 
 
 In Civil Law. A husband; a family. 
 
 ,Vicat. 
 
 DOMINUS LITIS (Lat.) The master ot a 
 suit; the client, as distinguished from an 
 attorney. And yet it is said, although he 
 who has appointed an attorney is properly 
 called dominus litis, the attorney himself, 
 when the cause has been tried, becomes the 
 dominus litis. Vicat. 
 
 DOMINUS N AVIS. In the civil law. The 
 owner of a vessel. Dig. 39. 4. 11. 2. 
 
 DOMINUS NON MARITABIT PUPILLUM 
 nisi semel. A lord cannot give a ward In 
 marriage but once. Co. Litt. 9. 
 
 DOMINUS REX NULLUM HABERE PC 
 test parem, multo minus superlorem. The 
 king cannot have an equal, much less a su- 
 perior, 1 Reeve, Hist. Eng. Law, 115. 
 
 DOMITAE (Lat.) Tame; subdued; not 
 wild. 
 
 DOMO REPARANDA. A writ that lay for 
 one against his neighbor, by the anticipated 
 fall of whose house he feared a damage and 
 injury to his own. Reg. Orig. 153; Termes 
 de la Ley. 
 
 DOM US (Lat.) In the civil and old Eng- 
 lish law. A house or dwelling; a habita- 
 tion. Inst. 4. 4. 8; Towns. PI. 183-185. 
 
 Held synonymous with "messuage." Cro. 
 Jac. 634. 
 
 DOMUS CAPITULARIS. In old records. 
 A chapter house; the chapter house. Dyer, 
 26b. 
 
 DOMUS CONVERSORUM (Lnr Lat. the 
 house of the converts). An ancient house 
 or institution (Spelman calls it collegium) 
 established by Henry III. for the benefit of 
 such Jews as were converted to the Chris- 
 tian faith. This continued to the reign of 
 Edward III., who, having expelled the Jews 
 from the kingdom, converted the building 
 into a place for keeping the rolls and rec- 
 ords of the chancery. Spelman; Cowell, voc. 
 "Rolls." It is now called the "Rolls' Office 
 in Chancery Lane," though in Latin the 
 old name is sometimes retained. Id. voc. 
 "Master of the Rolls." 
 
 DOMUS DEI. The house of God; applied 
 to many hospitals and religious houses. 
 
 DOMUS PROCERUM. The house of lords; 
 abbreviated into Dom. Proc. or D. P. 
 
 DOMUS SUA CUIQUE EST TUTISSI- 
 mum refuglum. Every man's house Is his 
 castle. 5 Coke, 91, 92 ; Dig. 2. 14. 18 ; Broom, 
 Leg. Max. (3d London Ed.) 384; 1 Hale, P. 
 C. 481; Fost. Horn. 320; 8 Q. B. 757; 16 Q. 
 B. 546, 556; 19 How. St. Tr. 1030. See 
 "Arrest." 
 
 DOMUS TUTISSIMUM CUIQUE REFUG- 
 ium atque receptaculum. The habitation of 
 each one is an inviolable asylum for him. 
 Dig. 2. 4. 18. 
 
 DONA CLANDESTINA SUNT SEMPER 
 susplclosa. Clandestine eifts are always 
 suspicious. 3 Coke, 81; Noy, Max. (9th 
 Ed.) 152; 4 Barn. & C. 652; 1 Maule & S. 
 253; Broom, Leg, Max. (3d London Ed.) 
 264. 
 
 DONARI VIDETUR QUOD, NULLI JURE 
 cogente concedltur. That is considered to 
 be given which is granted when no law 
 compels. Dig. 60. 17. 82. 
 
 D0NATARIU8 (Law Lat.) One to whom 
 something is given; a donee.. 
 
 DONATIO (Lat. a gift). A transfer of the 
 title to property to one who receives it with- 
 out paying for it. Vicat. The act by which 
 the owner of a thing voluntarily transfers 
 the title and possession of the same from 
 himself to another person, without any con- 
 sideration. 
 
 Its literal translation, gift, has acquired 
 in real law a more limited meaning, being 
 
DONATIO NON PRAESUMITUR 
 
 328 
 
 DONATOR NUNQUAM 
 
 applied to the conveyance of estates tail. 2 
 Bl. Comm. 316; Litt. § 59; West, Symb. 
 §254; 4 Cruise,_Dig. 51. There are several 
 kinds of donatio, — as donatio simplex et 
 pura, simple and pure gift, without compul- 
 sion or consideration; donatio absoluta et 
 larga, an absolute gift; donatio condition- 
 alis, a conditional gift; donatio atricta et 
 coarctura, a restricted gift, as an estate 
 tail. 
 
 Donatio Inter Vivos. A gift between 
 
 living persons. A contract which takes 
 place by the mutual consent of the giver, 
 who divests himself of the thing given 
 in order to transmit the title of it to the 
 donee gratuitously, and the donee, who ac- 
 cepts and acquires the legal title to it. This 
 donation takes place when the giver is not 
 in any immediate apprehension of death, 
 which distinguishes it from a donatio mor- 
 tis causa. 1 Bouv. Inst, note 712. See, 
 also. Civ. Code La. art. 1453; Inst. 2. 7. 2; 
 Cooper, Inst, notes 474, 475; U. S. Dig. tit. 
 "Gift." 
 
 Donatio Mortis Causa. A gift in pros- 
 pect of death. A gift made by a person in 
 sickness, who, apprehending his dissolution 
 near, delivers, or causes to be delivered, to 
 another,, the possession of any personal 
 goods, to keep as his own in case of the 
 donor's decease. 2 Bl. Comm. 514. See 
 Civ. Code La. art. 1455. 
 
 The civil law defines it to be a gift under 
 apprehension of death; as when anjrthing 
 is given upon condition that if the donor 
 dies, the donee shall possess it absolutely, 
 or return it if the donor should survive, or 
 should repent of having made the gift, or 
 if the donee should die before the donor. 1 
 MJles (Pa.) 109-117. 
 
 A donatio causa mortis is sometimes con- 
 sidered as a species of legacy, and it is al- 
 ways accompanied with the implied trust 
 or condition that, if the donor lives, the 
 property shall revert to himself, being given 
 only in contemplation of death. 2 Bl. Comm. 
 514. 1 White's Equity Cases, 602, 603. It 
 is indispensable to its validity that it be 
 accompanied and perfected by a present 
 delivery of the subject of the gift, according 
 to the manner in which it is capable of 
 being delivered. 2 Kent's Com. 445-448, 
 and notes. 
 
 It differs from a legacy, inasmuch as it 
 does not require proof in the court of pro- 
 bate, 2 Strange, 77; 1 Bligh (N. S.) 531, 
 and no assent is required from the executor 
 to perfect the donee's title, 2 Ves. Jr. 120; 1 
 Sim. & S. 245. It djffers from a gift inter 
 vivoa because it is ambulatory and revo- 
 cable during the donor's life, because it 
 may be made to the wife of the donor, and 
 because it is liable for his debts. 
 
 Donations or gifts of this kind are de- 
 rived entirely from the civil law, and were 
 introduced into England as early as the 
 time of Bracton, who closely follows the 
 language of the Digests. Bract, fol. 60. 
 
 DONATIO NON PRAESUIVIITUR. A gift 
 is not presumed. Jenk. Cent. Cas. 109. 
 
 DONATIO PERFICITUR POSSESSIONE 
 acciplentls. A gift is rendered complete by 
 the possession of the receiver. See 1 Bouv. 
 Inst, note 712; 2 Johns. (N. Y.) 52; 2 
 Leigh (Va.) 337; 2 Kent, Comm. 438. 
 
 DONATIO PROPTER NUPTIAS (Lat. gift 
 on account of marriage). In Roman law. 
 A gift made by the husband as a security 
 for the marriage portion. The effect of the 
 act of giving such a gift was different ac- 
 cording to the relation of the parties at the 
 time of making the gift. Vicat. Called, 
 also, a "mutual gift." 
 
 The name was originally applied to a 
 gift made before marriage_, and was then 
 called a domatio ante nuptias; but in proc- 
 ess of time it was allowed to be made 
 after marriage as well, and was then called 
 a donatio propter nuptias, 
 
 DONATION. In ecclesiastical law. A 
 mode of acquiring a benefice by deed of gift 
 alone, without presentation, institution, or 
 induction. 3 Steph. Comm. 81. 
 
 The act by which the owner of a thing 
 voluntarily transfers the title and posses- 
 sion of the same from himself to another 
 person, without any consideration. Ind. N. 
 & S. R. R. Co. V. City of Attica, 56 Ind. 
 486. A donation, as defined by the civil 
 law, is a contract whereby a person gra- 
 tuitously dispossesses himself of something 
 by transferring it to another to be his 
 property, who accepts it. It is a contract 
 or agreement, and must be accepted by the 
 donee, otherwise it would be a mere offer. 
 It must also be gratuitous, because other- 
 wise, it would be a sale or exchange. 43 
 Texas, 343. 
 
 DONATIONUM ALIA PERFECTA, ALIA 
 incepta, et non perfecta; ut si donatio, lecta 
 fuit et concessa, ac traditio nondum fuerit 
 subsecuta. Some gifts are perfect, others in- 
 cipient and not perfect; as, if a gift were 
 read and agreed to, but delivery had not 
 then followed. Co. Litt. 56. 
 
 DONATIVE ADVOWSON. In ecclesiasti- 
 cal law. A species of advowson, where the 
 benefice is conferred on the clerk by the 
 patron's deed of donation, without presen- 
 tation, institution, or induction. 2 Bl. 
 Comm. 23; Termes de la Ley. 
 
 DONATOR (Lat. from dona/re; Law 
 Fr. donour). In civil and old English law. 
 A donor or giver; the party who makes a 
 donatio, or gift. Bracton, fol. 11 et seq.; 
 Fleta, lib. 3, c. 7, § 4. 
 
 Donatorius (properly, donatanus). A do- 
 nee; a person to whom a gift is made; a 
 purchaser. Bracton, fol. 13 et seq.; Fleta, 
 ubi supra. 
 
 DONATOR NUNQUAM DESINIT P08SI- 
 dere antequam donatarius incipiat possldere. 
 He that gives never ceases to possess until 
 he tiiat receives begins to possess. Dyer, 
 281; Bracton, 41b. 
 
DONATORIUS 
 
 329 
 
 DOS 
 
 DONATORIUS. A donee; a person to 
 whom a gift is made; a purchaser. Brac- 
 ton, f ol. 13 et seq. ; Fleta, lib. 3, c. 7, § 4. 
 
 DONATORY. The person on whom the 
 king bestows his right to any forfeiture that 
 has fallen to the crown. 
 
 DONE. (Lat. factum, actum). Distinguish- 
 ed from "made." "A 'deed made' may no 
 doubt mean an 'instrument made'; but a 
 'deed done' is not an 'instrument done,' — 
 it is an 'act done'; and therefore these 
 words, 'made and done' apply to acts as 
 well as daeds." Lord Brougham, 4 Bell's 
 Appeal Cases, 38. 
 
 DON EC. Lat. Until. Fleta, lib. 3, c. 12, 
 § 6. A word of limitation in old convey- 
 ances. Co. Litt. 235a. 
 
 DONEE. He to whom a gift is made or 
 a bequest given; one who is invested with 
 a power of appointment. He is sometimes 
 called an "appointee." 4 Kent, Comm. 316; 
 4 Cruise, Dig. 51. 
 
 DONIS, STATUTE DE. The statute of 
 Westminster II. 2, namely, 13 Edw. I. c. 1, 
 called the statute de donis conditionalibus. 
 This statute revives, in some sort, the an- 
 cient feudal restraints which were origi- 
 nally laid on alienations. Its effect, by mak- 
 ing a limitation in tail inalienable, was to 
 defeat the former rule of construction by 
 which a limitation to one and particular 
 heirs was held to impose a condition which 
 was fulfilled by the birth of such heirs, so 
 that the fee conditional (fee tail) became a 
 fee simple. Such estates were afterwards 
 called "estates tail." See "Estates"; "Tail." 
 2 Bl. Comm. 110-113. 
 
 DONOR (from Law Fr. donour; Lat. 
 donator) . 
 
 In Old English Law. He by whom 
 
 lands were given to another; the party 
 making a donatio (q. v.) See "Donator." 
 
 In Later Law. He who gives lands or 
 
 tenements to another in tail. Litt. § 57; 
 Termes de la Ley. 
 
 In Modern Law. He who makes a gift. 
 
 See, also, "Power." 
 
 DONUM (Lat.) A gift. 
 
 The difference between donum and nu- 
 mus is said to be that donum is more gen- 
 eral, while numus is specific. Numus is said 
 to mean donum with a cause for the giving, 
 though not a legal consideration, as on ac- 
 count of marriage, etc. Donum, is said to 
 be that which is given from no necessity 
 of law or duty, but from free vrill, "from 
 the absence of which, if they are not given, 
 no blame arises, but, if they are given, 
 praise is due." Vicat; Calv. Lex. 
 
 DOOM, or DOME. In Scotch practice. 
 Judgment; sentence. The judgment of a 
 court formerly pronounced by the mouth of 
 an ofiicer called a dempster (q. v.), and 
 ending with the words, "And this I give 
 
 (or pronounce) for doom." The term is 
 still retained; sentences in criminal cases 
 ending with the words, "Which is pro- 
 nounced for doom." See 2 Brown, 128. 
 
 DORMANT. Sleeping; silent; not known; 
 not acting. 
 
 Dormant Judgment. One upon which 
 
 itor delivers to the sheriff, with directions 
 to levy only, and not to sell, until further 
 orders, or until a junior execution is re- 
 ceived. 
 
 Dormant Judgment. One upon which 
 
 no execution is issued until the time limited 
 for issuing execution, as of course, has run 
 out. 
 
 Dormant Partners. A dormant part- 
 ner is one whose name is not known, or 
 does not appear as partner, but who never- 
 theless is a silent partner, and partakes of 
 the profits, and thereby becomes a partner, 
 either absolutely, to all intents and pur- 
 poses, or at all events, in respect to third 
 persons. According to Mr. Justice Story, 
 dormant partners, in strictness of language, 
 mean those who are merely passive in the 
 firm, whether known or unknown, in contra- 
 distinction to those who are active and con- 
 duct the business of the firm as principals. 
 Story, Partn. § 80. 
 
 DORMIUNT ALIQUANDO LEGES, NUN- 
 quam morluntur. The laws sometimes sleep, 
 but never die. Inst. 161. 
 
 DORSUM (Lat. the back). In dorso re- 
 cordi, on the back of the record. 5 Coke, 
 44b. 
 
 DORTURE. A dormitory of a convent; a 
 place to sleep in. 
 
 DOS (Lat.) 
 
 In Roman Law. That which is receiv- 
 ed by or promised to the husband from the 
 wife, or any one else by her influence, for 
 sustaining the burdens of matrimony. There 
 are three classes of doa. Dos profectitia is 
 that which is given by the father or any 
 male relative from his property or by his 
 act. Dos adventitia is that which is given 
 by any other person or from the property 
 of the wife herself. Dos receptitia is where 
 there is a stipulation connected with the gift 
 relating to the death of the wife. Vicat; 
 Calv. Lex.; Du Cange; 1 Washb. Real Prop. 
 147. 
 
 In English Law, The portion bestow- 
 ed upon a wife at her marriage by her hus- 
 band. 1 Reeve, Hist. Eng. Law, 100; 1 
 Washb. Real Prop. 147; 1 Cruise, Dig. 152. 
 
 Dower generally. The portion which a 
 widow has in the estate of her husband af- 
 ter his death. Park, Dower. 
 
 This use of the word in the English law, 
 though, as Spelman shows, not strictly cor- 
 rect, has still the authority of Tacitus (de 
 Mor. Germ. 18) for its use. And if the gen- 
 eral meaning of marriage portion is gfiven 
 to it, it is strictly as applicable to a gift 
 from the husband to the wife as to one from 
 the wife to the husband. It occurs often in 
 
DOS DE DOTE PETI NON DEBET 
 
 330 
 
 DOUBLE DAMAGES 
 
 the phrase dos de dote peU non debet, dow- 
 er should not be sought of dower. 1 Washb. 
 Real Prop. 209. 
 
 DOS DE DOTE PETI NON DEBET. Dow- 
 er ought hot to be sought from dower. 4 
 Coke, 122; Co. Litt. 31; 4 Dane, Abr. 671; 
 1 Washb. Real Prop. 209. 
 
 DOS RATIONABILIS (Lat. a reasonable 
 marriage portion). A reasonable part of 
 her husband's estate, to which every widow 
 is entitled, of lands of which her husband 
 may have endowed her on the day of mar- 
 riage. Co. Litt. 336. Dower, at common 
 law. 2 Bl. Comm. 234. 
 
 DOS RATIONABILIS VEL LEGITIMA 
 
 est cujuslibet mulieris de quocunque tene- 
 mento tertia pars omnium terrarum et tene- 
 mentorum, quae vir suus tenuit in dominie 
 sue ut de feodo, etc. Reasonable or legiti- 
 mate dower belongs to every woman of a 
 third part of all the lands and tenements 
 of which her husband was seised in his de- 
 mesne, as of fee, etc. Co. Litt. 336. 
 
 DOT. A French word adopted in Louisi- 
 ana. The fortune, portion, or dowry which 
 a woman brings to her husband by the mar- 
 riage. 6 Mart. (La.; N. S.) 460. 
 
 DOTAGE. Dotage is that feebleness of the 
 mental faculties which proceeds from old 
 age. It is a diminution or decay of that 
 intellectual power which was once pos- 
 sessed. It is the slow approach of death; of 
 that irrevocable cessation, without hurt or 
 disease, of all the functions which once be- 
 longed to the living animal. 1 Bland, Ch. 
 (Md.) 389. 
 
 DOTAL PROPERTY. By the civil law in 
 Louisiana, by this term is understood that 
 property which the wife brings to the hus- 
 band to assist him in bearing the expenses 
 of the marriage establishment. Civ. Code 
 La. art. 2315. 
 
 DOTALITIUM. In canon and feudal law. 
 Dower. Spelman, voc. "Doarium;" Calv. 
 Lex. 2 Bl. Comm. 129. Used as early as A. 
 D. 841. 
 
 DOTATION. In French law. The act by 
 which the founder of a hospital, or other 
 charity, endows it with property to fulfill 
 its destination. 
 
 DOTE. In Spanish law. The property and 
 effects which a woman brings to her hus- 
 band for the purpose of aiding him, with 
 the rents and revenues thereof, to support 
 the expenses of the marriage. Las Partidas, 
 4. 11. 1. "Dos," says Cajas, "est pecunia 
 marito, nuptiarum causa, data vel promis- 
 sa." The dower of the wife is inalienable, 
 except in certain specified cases, for which 
 see Escriche, Die. Raz. 
 
 DOTE ASSIGNANDO. In English law. A 
 writ which lay in favor of a widow, when it 
 was found by office that the king's tenant 
 
 was seised of tenements in fee or fee tall 
 at the time of his death, and that he held 
 of the king in chief. 
 
 DOTE UNDE NIHIl. HABET. Dower 
 unde nihil habet (q. v.) 
 
 DOTI LEX FAVET; PROEMIUIW PUDOR- 
 is est, Ideo parcatur. The law favors dower; 
 it is the reward of chastity, therefore let It 
 be preserved. Co. Litt. 31; Branch, Princ. 
 
 DOTIS ADMINISTRATIO. Admeasure- 
 ment of dower, where the widow holds more 
 than her share, etc. 
 
 DOTISSA. A dowager. 
 
 DOUAY VERSION. A version of the Bi- 
 ble, of which the Old Testament was pub- 
 lished by the English college at Douay, in 
 France, in 1609, and the New Testament 
 by the English college at Rheims in 1582. 
 245 111. 343. 
 
 DOUBLE AVAIL OF IVIARRIAGE. In 
 Scotch law. Double the ordinary or single 
 value of a marriage. Bell, Diet. See "Du- 
 plex Valor Maritagii." 
 
 DOUBLE BOND. In Scotch law. A bond 
 with a penalty, as distinguished from a 
 single bond. 2 Kames, Eq. 359. 
 
 DOUBLE COMPLAINT, or DOUBLE 
 quarrel. A grievance made known by a 
 clerk or other person, to the archbishop of 
 the province, against the ordinary, for de- 
 laying or refusing to do justice in some 
 cause ecclesiastical, as to give sentence, in- 
 stitute a clerk, etc. It is termed a "double 
 complaint," because it is most commonly 
 made against both the judge and him at 
 whose suit justice is denied or delayed; the 
 effect whereof is that the archbishop, taking 
 notice of the delay, directs his letters, under 
 his authentical seal, to all clerks of his 
 province, commanding them to admonish 
 the ordinary, within a certain number of 
 days, to do the justice required, or other- 
 wise to appear before him or his official, 
 and there allege the cause of his delay; and 
 to signify to the ordinary that if he neither 
 perform the thing enjoined, nor appear nor 
 show cause against it, he himself, in his 
 court of audience, will forthwith proceed to 
 do the justice that is due. Cowell. 
 
 DOUBLE (or TREBLE) COSTS. In Eng- 
 land and some of the United States, ordi- 
 nary costs, and fifty per cent, thereof in 
 addition. 22 Mich. 5; 9 Wend. (N. Y.) 443. 
 In other states, twice the ordinary costs. 
 16 Pa. St. 254; 34 N. J. Law, 145. Treble 
 costs is either full costs, and seventy-five 
 per cent, additional, or three times the ordi- 
 nary costs, in different states. 
 
 DOUBLE (or TREBLE) DAMAGES. In 
 
 some cases it is provided by statute that a 
 party may recover double or treble dam- 
 ages. In these cases the jury find such 
 damages as they think proper, and the court 
 
DOUBLE FINE 
 
 331 
 
 DOWER 
 
 enhances them in the judgment. Brooke, 
 Abr. "Damages," pi. 70; 2 Inst. 416; 1 
 Wils. 126; 1 Mass. 155. The damages are 
 actually doubled or trebled, as the case may 
 be; not assessed, like double or treble costs. 
 
 DOUBLE FINE. In old English law. A 
 fine sur done grant et render was called a 
 "double fine," because it comprehended the 
 fine sur cognizance de droit come ceo, etc. 
 and the fine sur concessit. 2 Bl. Comm. 353. 
 
 DOUBLE INSURANCE. Is where divers 
 insurance are made upon the same inter- 
 ■est in the same subject against the same 
 risks in favor of the same assured, in pro- 
 portions exceeding the value. 1 Phil. Ins. 
 §§ 359, 366. 
 
 DOUBLE PLEA. The alleging, for one 
 single purpose, tv^o or more distinct 
 grounds of defense, vyhen one of them would 
 be as effectual in law as both or all. See 
 "Duplicity." 
 
 DOUBLE POSSIBILITY. A possibility 
 based or dependent on another possibility. 
 Used ordinarily in respect to the creation 
 of contingent trusts and remainders. Thus, 
 a bequest to testator's unborn "child" is 
 valid, resting on a single possibility; while 
 one to his unborn "son" is invalid, the pos- 
 sibility being double. 
 
 DOUBLE RENT. Required, by St. 11 Geo. 
 II. c. 19, as a penalty of a tenant holding 
 over after notice to quit. Wharton. 
 
 DOUBLE VOUCHER. A voucher which 
 occurs when the person first vouched to 
 warranty comes in and vouches over a third 
 person. See a precedent, 2 Bl. Comm. Ap- 
 pendix V. p. xvii. 
 
 The necessity for double voucher arises 
 when the tenant in tail is not the tenant 
 in the writ, but is tenant by warranty; that 
 is, where he is vouched, and comes in and 
 confesses the warranty. Generally speak- 
 ing, to accomplish this result a previous 
 conveyance is necessary, by the tenant in 
 tail, to a third person, in order to make 
 such third person tenant to a writ of entry. 
 Prest. Conv. 125, 126. 
 
 DOUBLE WASTE. When a tenant bound 
 to repair suffers a house to be wasted, and 
 then unlawfully fells timber to repair it, 
 he is said to commit double waste. Co. 
 Litt. 53. See "Waste." 
 
 DOUBT. The uncertainty which exists in 
 relation to a fact, a proposition, or other 
 thing; an equipoise of the mind arising 
 from an equality of contrary reasons. 
 Ayliife, Pand. 121. See "Reasonable Doubt." 
 
 DOUBTFUL TITLE. A doubtful title is 
 one which the court does not consider to be 
 so clear that it will enforce its acceptance 
 by a purchaser, nor so defective as to de- 
 clare it a bad title, but only subject to so 
 much doubt that a purchaser ought not to 
 
 be compelled to accept it. 36 N. Y. Supp. 
 671. 
 
 DOUN, DON, or DONE (Law Fr.) A gift. 
 The thirty-fourth chapter of Britton is en- 
 titled "De Douns." 
 
 DOWABLE. Entitled to dower. 
 
 DOWAGER, A widow endowed; one who 
 has a jointure. 
 
 In England. A title or addition given 
 
 to the widows of princes, dukes, earls, and 
 other noblemen, to distinguish them from 
 the wives of the heir, who have a right to 
 bear the title. 
 
 DOWAGER QUEEN. The widow of the 
 king. As such she enjoys most of the priv- 
 ileges belonging to her as queen consort. It 
 is not treason to conspire her death or vio- 
 late her chastity, because the succession to 
 the crovsm is not thereby endangered. No 
 man, however, can marry her without a spe- 
 cial license from the sovereign, on pain 
 of forfeiting his lands or goods. 1 Bl. 
 Comm. 233. 
 
 DOWER (Fr. doner, to endow). The pro- 
 vision which the law makes for a widow 
 out of the lands or tenements of her hus- 
 band, for her support and the nurture of 
 her children. Co. Litt. 30a; 2 Bl. Comm. 
 130; 4 Kent, Comm. 35; Washb. Real Prop. 
 146. 
 
 The word "dower" has reference to real 
 estate only. 86 Me. 216. 
 
 It has three stages: (1) Inchoate, from 
 marriage to the death of the husband; (2) 
 consummate, from the death of the husband 
 to admeasurement; and (3) assigned from 
 the time when it is set off to the vadow. 
 Stew. Husb. & Wife, §§ 262-264. 
 
 There were five species of dower in Eng- 
 land : 
 
 (1) Dower by custom, where a widow be- 
 came entitled to a specified portion of her 
 husband's lands in consequence of some lo- 
 cal or particular custom. 
 
 (2). Dower ad ostium ecclesiae, where a 
 man of full age_, on coming to the church 
 door to be married, endowed his wife of a 
 certain portion of his lands. 
 
 (3) Dower ex assensu patris, which dif- 
 fered from dower ad ostium ecclesiae only 
 In being made out of the lands of the hus- 
 band's father, and with his consent. 
 
 {A) Dower de la plus belle, where the 
 widow, on suing the_ guardian in chivalry 
 for dower, was required by him to endow 
 herself of the fairest portion of any lands 
 she might hold as guardian in socage, and 
 thus release from dower the lands of her 
 husband held in chivalry. This was abol- 
 ished along with the military tenures, of 
 which it was a consequence. 2 Bl. Comm. 
 132, note. 
 
 (5) Dower bjr common law, where the 
 widow was entitled during her life to a 
 third part of all the lands and tenements in 
 fee simple or fee tail of which her hus- 
 
DOWER UNDE NIHIL HABET 
 
 332 
 
 DRENCHES, or DRENGES 
 
 band ^yas seised at any time during the 
 coverture, and of which any issue she might 
 have had might by possibility have been 
 heir. 
 
 Since the passage of the dower act in 
 England (3 & 4 Wm. IV. c. 105), all these 
 species of dower, except that by custom and 
 by the common law, have ceased to exist. 2 
 Sharswood, ' Bl. Comm. 135, note. Dower in 
 the United States, although regulated by 
 statutes differing from each other in many 
 respects, conforms substantially to that at 
 the common law. 1 Washb. Real Prop. 
 149. 
 
 DOWER UNDE NIHIL HABET. A writ 
 which lay for a widow to obtain an assign- 
 ment of dower. 
 
 DOWLE STONES. Stones dividing lands, 
 etc. Cowell. 
 
 DOWMENT. In old English law. Endow- 
 ment; dower. 
 
 DOW R ESS. A woman entitled to dower. 
 See "Dower." 
 
 DOWRY. Formerly applied to mean that 
 which a woman brings to her husband in 
 marriage. This is now called a "portion." 
 This word is sometimes confounded with 
 "dower." See Co. Litt. 31; Civ. Code La, 
 art. 2317; Dig. 23. 3. 76; Code, 6. 12. 20. 
 
 DOY (L. Fr.) Owe; ought. 
 
 Sauve la foy que jeo doy au roy; saving 
 the faith which I owe to the king. Britt. c. 
 68. 
 
 DOYLE'S RULE. Doyle's rule lor the 
 measurement of logs is to deduct four inch- 
 es from the diameter of the log, as an al- 
 lowance for slab; square one-quarter of the 
 remainder and multiply the result by the 
 length of .the log in feet. 199 111. App. 175. 
 
 DOZEIN (Law Fr. twelve). A person 
 twelve years of age. St. 18 Edw. II.; Barr. 
 Obs. St. 208. 
 
 DOZEN PEERS. Twelve peers assembled 
 at the instance of the barons, in the reign 
 of Henry III., to be privy counsellors, or 
 rather conservators of the kingdom. Whar- 
 ton. 
 
 DRACHMA. A term employed in old 
 pleadings and records, to denote a groat. 
 Towns. PI. 180. 
 
 An Athenian silver coin, (Gr. drachme) 
 of the value of about 7J^d. sterling. 
 
 DRACO REGIS. The standard, ensign, or 
 military colors borne in war by the ancient 
 kings of England, , having the figure of a 
 dragon painted thereon. 
 
 DRACONIAN LAWS. A code of laws pre- 
 pared by Draco, the celebrated lawgiver of 
 Athens. These laws were exceedingly se- 
 vere, and the term is now sometimes ap- 
 plied to any laws of unusual harshness. 
 
 DRAFT. The common term for a bill of 
 exchange. 
 
 DRAGOMAN, An interpreter employed in 
 the east, and particularly at the Turkish 
 court. 
 
 DRAIN. To conduct water from one place 
 to another, for the purpose of drying the 
 former. 
 
 The right of draining water through an- 
 other man's land. This is an easement or 
 servitude acquired by grant or prescription. 
 See 3 Kent, Comm. 436; 7 Man. & G. 354; 
 Washb. Easem. Index. 
 
 DRAINAGE DISTRICT. A local subdivi- 
 sion of the state created by law for the 
 purpose of administering therein certain 
 functions of local government. 240 111. 199. 
 
 DRAMATIC PERFORMANCE. The dra- 
 matic performances which are recognized 
 as belonging to a theater, are those adapt- 
 ed to the stage, with the appropria'te scen- 
 ery for their representation. The stage 
 with its machinery and appurtenances, 
 forms an essential element in the definition 
 of the term "theater." 22 Ala. 74. 
 
 DRAMSHOP. Places commonly known 
 as tippling houses, where liquors are sold 
 in small quantities for immediate use upon 
 the premises, that use being the drinking 
 of the liquor at the time and place of pur- 
 chase, 203 111. 241. 
 
 DRAW. To drag, on a hurdle, to the place 
 of execution. Anciently no hurdle was al- 
 lowed, but the criminal was actually drag- 
 ged along the road to the place of execu- 
 tion. A part of the ancient punishment 
 of traitors was the being thus drawn. 4 
 Sharswood, Bl. Comm. 92, 377. 
 
 DRAWBACK. An allowance made by the 
 government to merchants on the re-expor- 
 tation of certain imported goods liable to 
 duties, which in some cases consists of the 
 whole, in others of a part, of the duties 
 which had been paid upon the importation. 
 For the various acts of congress which reg- 
 ulate drawbacks, see Brightly, Dig. U. S. 
 Laws. 
 
 DRAWEE. A person to whom a bill of ex- 
 change is addressed, and who is requested 
 to pay the amount of money therein men- 
 tioned. See "Bill of Exchange." 
 
 DRAWER. The party who makes a bill of 
 exchange. 
 
 DRAWLATCHES. Thieves; robbers. Cow- 
 ell. 
 
 DREIT DREIT. Double right; a union of 
 the right of possession and the right of 
 property. 2 Sharswood, Bl. Comm. 199. 
 
 DRENCHES, or DRENGES (Law Lat. 
 drengi) . A species of tenants mentioned in 
 Domesday Book, whom Spelman supposes to 
 have been military vassals or tenants by 
 
DRENGAGE 
 
 333 
 
 DROIT 
 
 knight service. The same author quotes an 
 old manuscript record of the family of 
 Sharburn, in Norfolk, from which it would 
 appear that the name was given to certain 
 tenants in capite, who, at the coming of 
 William the Conqueror, being put out of 
 their estates, were afterwards, upon com- 
 plaint being made to him, restored to them, 
 on their making it appear that they were 
 owners thereof, and had taken no part 
 against him_ either by aid or counsel in con- 
 suio et auxilio. Spelman. According to Lord 
 Coke, who spells the word dreuchs, they 
 were free tenants of a manor. Co. Litt. 6b. 
 
 DRENGAGE. The tenure by which the 
 drenches (g. i;.) held their lands. Spel- 
 man. 
 
 DRIFT. In old English law. A driving. 
 A term applied to cattle. 
 
 DRIFTS OF THE FOREST. A view or ex- 
 amination of what cattle are in a forest, 
 chase, etc., that it may be known whether 
 it be surcharged or not, and whose the 
 beasts are, and whether they are common- 
 able. These drifts are made at certain 
 times in the year by the officers of the for- 
 est, when all cattle are driven into some 
 pound or place inclosed, for the before- 
 mentioned purposes, and also to discover 
 whether any cattle of strangers be there, 
 which ought not to common. Manw. For. 
 Law. p. 2, c. 15. 
 
 DRIFTWAY. A road or way over which 
 cattle are driven. 1 Taunt. 279; Selw. N. 
 P. 1037; Woolr. Ways, 1. The term is in 
 use in Rhode Island. 2 Hilliard, Real Prop. 
 33. 
 
 DRINCLEAN, or DRINKLEAN (Saxon). A 
 contribution of tenants, in the time of the 
 Saxons, towards a potation, or ale, provided 
 to entertain the lord, or his steward. Cow- 
 ell. See "Cervisarii." 
 
 DRIP. The right of drip is an easement 
 by which the water which falls on one 
 house is allowed to fall upon the land of 
 another. 
 
 Unless the owner has acquired the right 
 by grant or prescription, he has no right so 
 to construct his house as to let the water 
 drip over his neighbor's land. 1 Rolle, Abr. 
 107. See 3 Kent, Comm. 436; Dig. 43. 23. 
 4. 6; 11 Adol. & E. 40. 
 
 DROFDEN or DROFDENE. A grove or 
 woody place where cattle are kept. Cowell; 
 Blount. 
 
 DROFLAND, DRIFTLAND, or DRYF- 
 land. A yearly payment made by some to 
 their landlords for driving their cattle 
 through the manor to fairs and markets. 
 Cowell. 
 
 DROIT (Fr.) 
 
 In French Law. Law; the whole body 
 
 of law, written and unwritten. 
 
 A right. No law exists without a duty. 
 Toullier, Dr. Civ. note 96; Poth. Dr. 
 
 Droit d' accession. That property whichi 
 is acquired by making a new species out of 
 the material of another. Modus acquirandi 
 quo quis ex aliena materia suo nomine no- 
 vam epedem faciens bona fide ejus speciei 
 dominium consequitur. It is a rule of the 
 civil law that, if the thing can be reduced 
 to the former matter, it belongs to the 
 owner of the matter, e. g., a, statute made of 
 gold, but, if it cannot so be reduced, it be- 
 longs to the person who made it, e. g., a 
 statute made of marble. This subject is 
 treated of in the Code Nap. arts. 665, 577; 
 Merlin, Repert. "Accession;" Malleville's 
 Discussion, art. 565. See "Accession." 
 
 Droit d'Angarie. Angary, or Droit 
 d'Angarie, is a contingent belligerent right, 
 arising out of necessity of war, to dispose 
 over, use and destroy, if need be, property 
 belonging to neutral states. Encyc. Brit. 
 XXXI, 129 (Neutrality). 
 
 Droit d'Aubaine. A rule by which all 
 the property of a deceased foreigner, 
 whether movable or immovable, was con- 
 fiscated to the use of the state, to the ex- 
 clusion of his heirs, whether claiming ab 
 intestato or under a will of the deceased. 
 
 The word aubaine signifies hospes loci, 
 peregrinus advena, a stranger. It is de- 
 rived, according to some, from alibi, else- 
 where, natus, bom, from which the word 
 albinus is said to be formed. Others, as 
 Cujas, derive the word directly from ad- 
 vena, by which word aubains or strangers 
 are designated in the capitularies of Char- 
 lemagne. See Du Cange; Trevoux. See "Au- 
 baine." 
 
 Droit de 6m. A right, formerly claimed 
 by the lords of the coasts of certain 
 parts of France, to shipwrecks, by which 
 not only the property, but the persons of 
 those who were cast away, were confis- 
 cated for the prince who was lord of the 
 coast. Otherwise called droit de bris sur le 
 naufrages. The right prevailed chiefly in 
 Bretagne, and was solemnly abrogated by 
 Henry III., as duke of Normandy, Aqui- 
 taine, and Guienne, in a charter granted 
 A. D. 1226, preserved among the rolls at 
 Bordeaux. Laws of Oleron, art. 26, note; 
 Pet. Adm. Dec. Appendix. See "Bris." 
 
 Droit de garde. Right of ward; the 
 guardianship of the estate and person of a 
 noble vassal, to which the king, during his 
 minority, was entitled. Steph. Lect. 250. 
 
 Droit de gite. The duty incumbent on a 
 roturier, holding lands within the royal do- 
 main, of supplying board and lodging to the 
 king and to his suite, while on a royal 
 progress. Steph. Lect. 361. 
 
 Droit de greffe. The right of selling vari- 
 ous offices connected with the custody of 
 judicial records or notarial acts. Steph. 
 Lect. 354. A privilege of the French kings. 
 
 Droit de maitrise. A charge payable to 
 the crown by any one who, after having 
 served his apprenticeship in any commer- 
 cial guild or brotherhood, sought to be- 
 
DROIT DROIT 
 
 334 
 
 DRUNKENNESS 
 
 come a master workman in it on his own 
 account. Steph. Lect. 354. 
 
 Droit de prise. The duty (incumbent on a 
 roturier) of supplying to the king on credit, 
 during a certain period, such articles of 
 domestic consumption as might be required 
 for the royal household. Steph. Lect. 351. 
 
 Droit de quint. A relief payable by a 
 noble vassal to the king as his seigneur, on 
 every change in the ownership of his fief. 
 Steph. Lect. 350. 
 
 In English Law. Right. Co. Litt. 158. 
 
 _ A person was said to have droit droit,_ plur 
 rimum juris, and plurimum possessionis, 
 when he had the freehold, the fee, and the 
 property in him. Crabb, Hist. Eng. Law, 
 406. 
 
 Droit close. The name of an ancient 
 writ directed to the lord of ancient de- 
 mesne, and which lies for those tenants in 
 ancient demesne who hold their lands and 
 tenements by charter in fee simple, in fee 
 tail, for life, or in dower. Fitzh. Nat. Brev. 
 23. 
 
 DROIT DROIT (Law. Pr.; Law Lat. jtts 
 duplicatum) . In old English law. A double 
 right. The right of possession, united with 
 the right of property. 2 Bl. Comm. 199; Co. 
 Litt. 266a; 1 Reeve, Hist. Eng. Law, 476; 4 
 Kent, Comm. 373. See "Dreit Droit." 
 
 DROIT ECRIT. In French law. The writ- 
 ten law. The Roman civil law or corpus 
 juris civilis. Steph. Lect. 130. 
 
 DROIT NE DONE PLUIS QUE SOIT DE- 
 maunde. The law gives no more than is de- 
 manded. Coke, 2d Inst. 286. 
 
 DROIT NE POET PAS MORIER. Right 
 cannot die. Jenk. Cent. Cas. 100. 
 
 DROITS CIVILS. This phrase in French 
 law denotes private rights, the exercise of- 
 which is independent of the status (qualite) 
 of citizen. Foreigners enjoy them; and the 
 extent of that enjoyment is determined by 
 the principle of reciprocity. Conversely, 
 foreigners may be sued on contracts made 
 by them in France. Brown. 
 
 DROITS OF ADMIRALTY. Rights claim- 
 ed by the government over the property of 
 an enemy. In England, it has been usual 
 in maritime wars for the government to 
 seize and condemn, as droits of admiralty, 
 the property of an enemy found in her ports 
 at the breaking out of hostilities. 1 C. Rob. 
 Adm. 196; 13 Ves. 71; 1 Edw. Adm. 60; 3 
 Bos. & P. 191. 
 
 DROITURAL. What belongs of right; re- 
 lating to right; as, real actions are either 
 droitural or possessory, — droitural when 
 the plaintiff seeks to recover the property. 
 Finch, Law, 257. 
 
 DROP. In ElngUsh practice. When the 
 members of a court are equally divided on 
 the argument showing cause against a rule 
 niei, no order is made, i. e., the rule is nei- 
 
 ther discharged nor made absolute, and the 
 rule is said to "drop." In practice, there be- 
 ing a right to appeal, it has been usual to 
 make an order in one way, the junior judge 
 withdrawing his judgment. 
 
 DROP LETTER. A letter addressed for 
 delivery in the same city or district in 
 which it is posted. 
 
 DROV? ROAD. A road for driving cattle. 
 A right of way for carriages does not in- 
 volve necessarily a right to drive cattle, or 
 an easement of drove road. 
 
 DROVE STANCE. In Scotch law. A place 
 adjoining a drove road, for resting and re- 
 freshing sheep and cattle on their journey, 
 7 Bell, App. Cas. 53, 57. 
 
 DROWN. To merge or sink; to extinguish 
 by merging in something greater. "In some 
 cases, a right of freehold shall drown in a 
 chattel." Co. Litt. 266a, 321a. Perkins' Prof, 
 bk. 9, §§ 584, 589. 
 
 Estates in land are properly drowned or 
 confounded when a lesser estate concurs 
 with a greater in the same person, and in 
 the same right. J. Steph. Procurations, 54. 
 
 The reversionary interest coming to the 
 possession drowns. Cruise, Dig. 4, 109. 
 
 DRU, A thicket of wood In a valley. 
 Domesday Book, 
 
 DRUGGIST, One who deals in medicinal 
 substances, vegetable, animal, or mineral, 
 uncompounded. 
 
 In America, the term "druggist" is used 
 synonymously with "apothecary," although, 
 strictly speaking, a druggist is one who 
 deals in medicinal substances, vegetable, 
 animal, or mineral, without compounding 
 or preparation, which composition and com- 
 bination are really the business of the 
 apothecary. The term has a much more lim- 
 ited and restricted meaning than "Apothe- 
 cary." 28 La. Ann. 767. In England, an 
 apothecary is a subphysician, or privileged 
 practitioner. He is ttie ordinary medical 
 man, or family medical attendant, in that 
 country. 
 
 DRUNK. A man is drunk when he is 
 overcome, stupefied, or frenzied by alcoholic 
 liquors. 
 
 DRUNKARD. Synonymous with "habitu- 
 al drunkard" (q. v.) 5 Gray (Mass.) 85, 
 
 He is a drunkard whose habit is to get 
 drunk, "whose ebriety has become habitual." 
 5 Gray (Mass.) 86. 
 
 As for a drunkard, he is voluntanus 
 daemon; he hath no privilege thereby; but 
 what hurt or ill soever he doth, his drunk- 
 enness doth aggravate it. 9 Humph. (Tenn.) 
 665. 
 
 DRUNKENNESS. In medical jurispru- 
 dence. The condition of a man whose mind 
 is affected by the immediate use of intoxi- 
 cating drinks. 
 
DRY CRAEFT 
 
 3S5 
 
 DUE PROCESS OF LAW 
 
 DRY CRAEFT. Witchcraft; magic. 
 
 DRY EXCHANGE. A term Invented for 
 disguising and covering usury, in which 
 something was pretended to pass on both 
 sides, when in truth nothing passed on one 
 side) whence it was called "dry." St. 3 Hen. 
 VII. c. 5; Wolff. Inst. § 657. 
 
 DRY MULTURES. In Scotch law. Corn 
 paid to the owner of a mill, whether the 
 payers grind or not. Wharton. 
 
 DRY RENT. Rent seek; a rent reserved 
 without a clause of distress. 
 
 DUARCHY. A form of government where 
 two reign jointly. 
 
 DUAS UXORES EODEM TEMPORE HA- 
 bere non potest. It is not lawful to have 
 two wives at one time. Inst. 1. 10. 6; 1 
 Sharswood, Bl. Comm. 436. 
 
 DUBITANS, or DUBITANTE. Doubting. 
 Dobbin, J., dubitans. 1 Show. 364. 
 
 DUBITATUR, or DUBITAVIT. It is doubt- 
 ed. A word frequently used in the reports 
 to indicate that a point is considered doubt- 
 ful. Vaughan, C. J., dubitavit. Freem. 150. 
 
 DUCAT. The name of a foreign coin. 
 
 The ducat, or sequin, was originally a 
 gold coin of the middle ages, apparently a 
 descendant from the bezant of the Greek- 
 Roman empire. For many centuries it con- 
 stituted the principal international cur- 
 rency, being intended, or supposed, to be 
 made of pure gold, though subsequently 
 settled at a basis a little below. It is now 
 nearly obsolete in every part of the world. 
 Its average value is about $2.26 of our 
 money. It is said they appeared earliest in 
 Venice, and that they bore the following 
 motto: Sit tibi, Christe, datus, quern tu re- 
 gis, iste Ducatus, — whence the name ducat. 
 
 The silver ducat was formerly a coin of 
 Naples, weighing three hundred and forty- 
 eight grains, eight hundred and forty-two 
 thousandths fine; consequent value, in our 
 money, about eighty-one cents; but it now 
 exists only as a money of account. 
 
 DUCES TECUM (Law Lat. you bring with 
 you). In practice. A term applied to cer- 
 tain writs, where a party summoned to ap- 
 pear in court is required to bring with him 
 some piece of evidence, or other things that 
 the court would view. Cowell; Termes de la 
 Ley. See "Subpoena." 
 
 DUCES TECUM LICET LANGUIDUS. A 
 
 writ directing the sheriff to bring a person 
 whom he returned as so sick that he could 
 not be brought without endangering his 
 life. Blount; Cowell. The writ is now ob- 
 solete. See "Subpoena." 
 
 DUCHY COURT OF LANCASTER. A 
 
 court of special jurisdiction in England, 
 held before the chancellor of the duchy of 
 Lancaster, or his deputy, concerning all 
 
 matter of equity relating to lands holden 
 of the king in right of the duchy of Lan- 
 caster. 3 Bl. Comm. 78; 3 Steph. Comm. 446. 
 The proceedings in this court are the same 
 as on the equity side in the courts of 
 exchequer and chancery. Id. 
 
 DUCKING STOOL. See "Castigatory." 
 
 DUCROIRE. Guaranty; equivalent to del 
 credere (q. v.) 
 
 DUE. Just and proper. A due present- 
 ment and demand of payment must be made. 
 See 4 Rawle (Pa.) 307; 3 Leigh (Va.) 389; 
 3 Cranch (U. S.) 300. 
 
 What ought to be paid; what may be de- 
 manded; payable. 7 N. Y. 476. 
 
 It differs from "owing" in this, that 
 sometimes what is owing is not due. A 
 note payable thirty days after date is ow- 
 ing immediately after it is delivered to the 
 payee, but it is not due until the thirty days 
 have elapsed; but it has been held synony- 
 mous with "owing." 31 Mich. 219. 
 
 It may mean either "owing" or "pay- 
 able," according to the context. 2 Ch. Div. 
 101. 
 
 DUE BILL. An acknowledgment of a 
 debt in writing is so called. This instru- 
 ment differs from a promissory note in 
 many particulars. It is not payable to or- 
 der, nor is it assignable by mere indorse- 
 ment. See "Promissory Note." 
 
 DUE CARE. That degree of care that a 
 reasonable and prudent person would ex- 
 ercise under all the circumstances of the 
 case. 1 111. App. 421. 
 
 DUE COURSE OF LAW. Means such 
 rules of action in relation to the rights and 
 duties of the citizen, and such forms and 
 modes of legal proceedings, of a general 
 character, to ascertain and enforce duties, 
 rights and remedies, as the legislature may 
 deem fit, and which are not forbidden by 
 the language or the spirit of other parts of 
 the constitution. 38 Miss. 458. 
 
 DUE PROCESS OF LAW. Law in its reg- 
 ular course of administration through 
 courts of justice. 3 Story, Const. 264, 661; 
 18 How. (U. S.) 272; 13 N. Y. 378. 
 
 It is the equivalent to "law of the land," 
 as used in Magna Charta. Co. Inst. 60; 18 
 How. (U. S.) 272; 11 Mich. 129. 
 
 "Whatever difficulty may be experienced 
 in giving to these terms a definition which 
 will embrace every permissible exercise of 
 power affecting private rights, and exclude 
 such as is forbidden, there can be no doubt 
 of their meaning as applied to judicial pro- 
 ceedings. They then mean a course of legal 
 proceedings according to those rules and 
 principles which have been established in 
 our system of jurisprudence for the pro- 
 tection and enforcement of private rights," 
 96 U. S. 733. 
 
 "Such an exertion of the powers of gov- 
 ernment as the settled maxims of law per- 
 
DUELLING 
 
 336 
 
 DUO SUNT INSTRUMENTA 
 
 mit and sanction, and under such safe- 
 guards for individual rights as those max- 
 ims prescribe for the class of cases to yrhich 
 the one in question belongs." Cooley, Const. 
 Lim. § 356. 
 
 Due process of law is not any course of 
 procedure that may at any time be estab- 
 lished by the legislature (34 Ala. 216; 43 
 N. J. Law, 203), yet it is not a denial of 
 due process of law for the legislature to 
 make changes in the common law, or in 
 modes of procedure (50 Miss. 468; 70 N. 
 Y. 228; 160 U. S. 389). 
 
 Due process of law embraces only that 
 which is fundamental, and to it is neces- 
 sary an orderly legal proceeding, whereof 
 the party aflfeeted shall have notice, and an 
 opportunity to appear and be heard. 169 
 U. S. 366; 96 U. S. 97. 
 
 DUELLING. The fighting of two persons 
 one against the other, at an appointed time 
 and place, upon a precedent quarrel. It dif- 
 fers from an affray in this, that the latter 
 occurs on a sudden quarrel, while the for- 
 mer is always the result of design. 
 
 DUELLUM. Trial by battle; judicial com- 
 bat. Spelman. 
 
 DUFFER. To charge a pawnbroker with 
 "duffing," — i. e., replenishing or doing up 
 damaged pledges, and re-pledging them, — 
 is actionable. 11 L. J. Ex. 341; 10 M. & 
 W. 361; 2 Dowl. N. S. 270. 
 
 DUKE. The title given to those who are 
 in the highest rank of nobility in England. 
 
 DULOCRACY. A government where serv- 
 ants and slaves have so much license and 
 privilege that they domineer. Wharton. 
 
 DULY. In legal parlance, In a proper 
 way, or regularly, or according to law. 5 
 Hun (N. Y.) 542, 543; 23 Barb. (N. Y.) 
 304; 3 Edw. Ch. 239; 59 Barb. (N. Y.) 
 531, 543; 15 Minn. 479, 484; 5 Hun (N. Y.) 
 543. Regularly; upon proper foundation 
 as distinguished from mere form. 15 Mees. 
 & W. 465. It does not relate to form mere- 
 ly, but includes form and substance both. 
 114 N. Y. 518, 527. 
 
 DUM (Lat. while). A word of limitation 
 in old conveyances. Co. Litt. 235a; 10 Coke, 
 41b. 
 
 DUM BENE SE GESSERIT (Law Lat.) 
 While he conducted himself well; during 
 good behavior. 2 Bl. Comm. 252. The im- 
 plied condition on which a feud or fee was 
 originally given. Id. See "Quamdiu se Bene 
 Gesserit." 
 
 DUM FERVET OPUS. While the work 
 glows ; in the heat of action. 1 Kent, Comm. 
 120. 
 
 DUM FUIT IN PRISONA (Law Lat.) In 
 English law. A writ which lay for a man 
 who had aliened lands under duress by im- 
 prisonment, to restore to him his proper es- 
 tates. Coke, 2d Inst. 482. 
 
 DUM FUIT INFRA AETATEM (Lat.) The 
 name of a writ which lies when an infant 
 has made a feoffment in fee of his lands or 
 for life, or a gift in tail. 
 
 It may be sued out by him after he comes 
 of full age, and not before; but in the mean- 
 time he may enter, and his entry remits 
 him to his ancestor's rights. Fitzh. Nat. 
 Brev. 192; Co. Litt. 247, 337. 
 
 DUM NON FUIT COMPOS MENTIS 
 (Lat.) The name of a writ which the heirs 
 of a person who was non compos mentis, 
 and who aliened his lands, might have sued 
 out to restore him to his rights. 
 
 DUM RECENS FUIT MALEFICIUM. 
 While the offense was fresh. A term em- 
 ployed in the old law of appeal of rape. 
 Bracton, fol. 147. 
 
 DUM SOLA (Lat. while single or unmar- 
 ried). A phrase applied to single women, 
 to denote that something has been done, or 
 may be done, while the woman is or was 
 unmarried. Thus, when a judgment is ren- 
 dered against a woman dum sola, and after- 
 wards she marries, the scire facias to revive 
 the judgment must be against both hus- 
 band and wife. 
 
 DUMB BIDDING. In sales at auction, 
 when the amount which the owner of the 
 thing sold is willing to take for the article 
 is written, and placed by the owner under 
 a candlestick, or other thing, and it is 
 agreed that no bidding shall avail unless 
 equal to that, this is called dumb bidding. 
 Bab. Auct. 44. 
 
 DUMMADO (Lat. provided that; so that). 
 A word of limitation in old conveyancing. 
 10 Coke, 41b; Co. Litt. 235a. One of the 
 apt words of reserving a rent. Co. Litt. 
 47a. Dummodo solvent talem redditum, pro- 
 vided he shall pay such a rent. Id. 235a. 
 
 DUNGEON. A cell under ground; a place 
 in a prison built under ground, dark, or 
 but indifferently lighted. 
 
 DUN 10. A double; a kind of base coin 
 less than a farthing. 
 
 DUNNAGE. Pieces of wood or other ma- 
 terial placed against the sides and bottom 
 of the hold of a vessel, to preserve the 
 cargo from the effect of leakage, accord- 
 ing to its nature and quality. Abb. Shipp. 
 227. 
 
 DUO NON POSSUNT IN SOLIDO UNAM 
 rem possldere. Two cannot possess one 
 thing each in entirety. Co. Litt. 368; 1 
 Prest. Abstr. 318; 2 Prest. Abstr. 86, 326; 
 2 Dods. Adm. 157; 2 Carth. 76; Broom, 
 Leg. Max. (3d London Ed.) 415. 
 
 DUO SUNT INSTRUMENTA AD OMNES 
 res aut conflrmandas aut Impugnandas,— ra- 
 tio et aucoritas. There are two Instruments 
 for confirming or impugning everything,— 
 reason and authority. 8 Coke, 16. 
 
DUODECEMVIRALE JUDICIUM 
 
 337 
 
 DURANTE VIDUITATB 
 
 DUODECEMVIRALE JUDICIUM. The 
 
 trial by twelve men, or by jury. Applied to 
 
 Sries de medietate linguae. Molloy, de Jur. 
 ar. 448. 
 
 DUODECIMA MANUS (Lat. twfelve 
 hands). The oaths of twelve men, including 
 himself, by whom the defendant was al- 
 lowed to make his law. 3 Sharswood, Bl. 
 Coram. 343. 
 
 DUODENA. In old records. A jury of 
 twelve men. Cowell. 
 
 Generally, a dozen. Duodena pania, a 
 dozen of bread. Towns. PI. 170. 
 
 DUODENA MANU. Twelve witnesses to 
 purge a criminal of an offense. 
 
 DUORUM IN SOLIDUM DOMINIUM VEL 
 possesslo esse non potest. Ownership or 
 possession in entirety cannot be in two of 
 the same thing. Dig. 13. 6. 5. 15; 1 Mackeld. 
 Civ. Law, 245, § 236; Bracton, 28b. 
 
 DUPLEX QUERELA (Lat.) In ecclesi- 
 astical law. A complaint in the nature of 
 an appeal from the ordinary to his next im- 
 mediate superior for delaying or refusing 
 to do justice in some ecclesiastical cause. 3 
 Bl. Comm. 247; Cowell; Jacob. 
 
 DUPLEX VALOR MARITAGII (Lat. dou- 
 ble the value of a marriage) . Guardians in 
 chivalry had the privilege of proposing a 
 marriage for their infant wards, provided 
 it were done without disparagement; and if 
 the wards married without the guardian's 
 consent, they were liable to forfeit double 
 the value of the marriage. Co. Litt. 82b; 2 
 Sharswood, Bl. Comm. . 70. 
 
 DUPLICATE (Lat. duplex, double). The 
 double of anything. A document which is 
 essentially the same as some other instru- 
 ment. 7 Man. & G. 93. 
 
 A duplicate writing has but one effect. 
 Each duplicate is complete evidence of the 
 intention of the parties. When a duplicate 
 is destroyed, for example, in the case of a 
 will, it is presumed both are intended to 
 be destroyed; but this presumption pos- 
 sesses greater or less force, owing to cir- 
 cumstances. When only one of the dupli- 
 cates is in the possession of the testator, 
 the destruction of that is a strong presump- 
 tion of an intent to revoke both; but if he 
 possessed both, and destroys but one, it is 
 weaker; when he alters one, and after- 
 wards destroys it, retaining the other en- 
 tire, it has been held that the intention was 
 to revoke both. 1 P. Wms. 346; 13 Ves. 310. 
 But that seems to be doubted. 3 Hagg. Ecc. 
 548. 
 
 A duplicate differs from a mere copy in 
 having all the validity of an original. 
 
 In English Law. The certificate of 
 
 discharge given to an insolvent debtor who 
 takes the benefit of the act for the relief of 
 insolvent debtors. 
 
 DUPLICATE WILL. A term used in Eng- 
 land, where a testator executes two copies 
 
 of his will, one to keep himself, and the 
 other to be deposited with another person. 
 Upon application for probate of a duplicate 
 will, both copies must be deposited in the 
 registry of the court of probate. 
 
 DUPLICATIO (Lat. from duplica/rc, to 
 double, or follow as the second in order). 
 
 In the Civil Law. The defendant's 
 
 answer to the plaintiff's replication; cor- 
 responding to the rejoinder of the common 
 law. Inst. 4. 14. 1; Heinec. Elem. Jur. Civ» 
 lib. 4, tit. 14, § 1284. The fourth pleading 
 in the series. 3 Bl. Comm. 310. Trans- 
 lated duplication. Halifax, Anal. bk. 3, c. 
 5, No. 7. 
 
 In Scotch Practice. Duply (g. v.) 
 
 Bracton and Fleta call this pleading tripli- 
 catio. Bracton, fols. 57b, 400b, 428b; Fleta, 
 lib. 6, c. 36, § 10. 
 
 D UP LI C AT lONEM POSSIBILITATIS 
 lex non patltur. The law does not allow a 
 duplication of possibility. 1 Rolle, Abr. 321. 
 
 DUPLICATUM JUS. (Lat. a twofold or 
 double right). Words which signify the 
 same as dreit dreit, or droit droit, and which 
 are applied to a vreit of right, patent, and 
 such other writs of right as are of the same 
 nature, and do, as it were, flow from it as 
 the writ of right. Booth, Real Actions, 87. 
 
 DUPLICITY (Lat. duplex, twofold; dou- 
 ble). The union of more than one cause of 
 action in one court in a writ, or more than 
 one defense in one place, or more than a 
 single breach in a replication. 1 Woodb. & 
 M. (U. S.) 381. 
 
 DUPLY. In Scotch law. The defendant's 
 answer to the plaintiff's replication. The 
 same as duplicatio. Macl. Prac. 127. 
 
 To rejoin. "It is duplyed by the panel." 
 3 How. St. Tr. 471. 
 
 DURANTE (Lat. during). A word of lim- 
 itation in old conveyances. Co. Litt. 234b. 
 Durante viduitate, during widowhood; du- 
 rante virginitate, during virginity; durante 
 vita, during life. 
 
 DURANTE ABSENTIA. See "Administra- 
 tion." 
 
 DURANTE BENE PLACITO (Lat. during 
 good pleasure) . The ancient tenure of Eng- 
 lish judges was durante bene placito. 1 
 Sharswood, Bl. Comm. 267, 342. 
 
 DURANTE MINORE AETATE (Lat. dur- 
 ing the minority). During his minority an 
 infant can enter into no contracts, except 
 those for his benefit. If he should be ap- 
 pointed an executor, administration of the 
 estate vdll be granted, durante minore 
 aetate, to another person. 2 Bouv. Inst, 
 note 1555. 
 
 DURANTE VIDUITATE (Lat.) 
 widowhood. 
 
 During 
 
DURESS 
 
 338 
 
 DUX 
 
 DURESS. Personal restraint, or fear of 
 personal injury or imprisonment. 2 Mete. 
 (Ky.) 445. 
 
 Deprivation of one of his freedom of will 
 and act by the unlawful acts of another. 
 
 Duress exists where one is induced by an- 
 other's unlawful act to make a contract or 
 perform some act under circumstances 
 which prevent his exercising free will. 45 
 Mich. 569. 
 
 Duress of Imprisonment. That which 
 
 exists where a man actually loses his lib- 
 erty. If a man be illegally deprived of his 
 liberty until he sign and seal a bond, or the 
 like, he may allege this duress, and avoid 
 the bond. 2 Bay (S. C.) 211; 9 Johns. (N. 
 Y.) 201; 10 Pet. (U. S.) 137. But if a man 
 be, illegally imprisoned, and, either to pro- 
 cure his discharge, or on any other fair 
 account, seal a bond or a deed, this is not 
 by duress of imprisonment, and he is not 
 at liberty to avoid it. Coke, 2d Inst. 482; 
 3 Caines (N. Y.) 168; 6 Mass. 511; 1 Lev. 
 69; 1 Hen. & M. (Va.) 350; 17 Me. 338. 
 Where the proceedings at law are a mere 
 pretext, the instrument may be avoided. 1 
 Bl. Comm. 136. 
 
 Duress per Minas. That which is 
 
 either for fear or loss of life, or else for 
 fear of mayhem or loss of limb, must be 
 upon a sufficient reason. 1 Bl. Comm. 131. 
 In this case, a man may avoid his own act. 
 Lord Coke enumerates four instances in 
 which a man may avoid his own act by rea- 
 son of menaces, — ^for fear of loss of life; 
 of member; of mayhem; of imprisonment. 
 Coke, 2d Inst. 483; 2 Rolle, Abr. 124; Bac. 
 Abr. "Duress," "Murder" (A) ; 2 Strange, 
 856; Fost, Crim. Law, 322; 2 Ld. Raym. 
 1578; Savigny, Dr. Rom. § 114. 
 
 Duress of Goods. Restraint of goods 
 
 under circumstances of peculiar hardship, 
 which will avoid a contract. 2 Bay (S. C.) 
 211; 9 Johns. (N. Y.) 201; 10 Pet. (U. S.) 
 137. But see 2 Mete. (Ky.) 445; 2 Gall. (U. 
 S.) 337. 
 
 DURESSOR. One who subjects another 
 to duress; one who compels another to do a 
 thing, as by menace. Bac. Max. 90, reg. 22. 
 
 DURING COVERTURE. Means while 
 the marriage lasts. 4 Mo. 159. 
 
 There is frequently great difficulty in 
 construing the words "during the cover- 
 ture" when those words occur in an ante- 
 nuptial marriage settlement and the wife, 
 at the time of the marriage, is pbssessed 
 of other property than that mentioned in 
 the settlement. The question whether such 
 other property is or is not comprised in the 
 words is one the determination of which 
 depends very much on the circumstances of 
 each case and especially on the context. 
 "The authorities seem to be such, upon the 
 whole, as tend to show that the settlement 
 should be taken to apply only to property 
 which should come in futuro to the wife, 
 and not to that which was hers before." 
 54 L. J. Q. B. 154. But in the same case 
 it is observed: "Then — i. e., where the 
 
 covenant comprises property which the hus- 
 band shall become entitled 'in her right' — 
 the question would be, whether the words, 
 'at any time during her now intended cover- 
 ture' would apply. Surely you cannot ex- 
 clude from the duration of the coverture 
 the first moment of its continuance. The 
 moment that the marriage is complete by 
 the performance of that which makes the 
 parties husband and wife, that moment the 
 coverture begins; and if at that moment 
 he becomes entitled as her husband, in her 
 right, we are totally unable to say that it 
 is not during the intended coverture in a 
 sense which the words will rightly, gram- 
 matically and reasonably bear." 54 L. J. Q. 
 B. 148; 10 App. Cas. 1; 52 L. T. 662; 33 
 W. R. 373; 49 J. P. Distinguished 484; 33 
 Ch. D. 300 (g. v.) 
 
 DURING GOOD BEHAVIOR. While con- 
 ducting oneself comformably to law. 240 
 111. 564. 
 
 DURSLEGI, or DURSLEY. In old English 
 law. Blows without wounding or bloodshed; 
 dry blows or beating. Spelman. 
 
 DUST MEASURE. A bushel, according to 
 "dust measure," is composed of a half 
 bushel heaped and a half bushel filled to 
 the level, at the pit where the coal is made, 
 coal dust being used because the measure- 
 ment can be made more accurately with it 
 than with lumps of coal. 4 Met. (Ky.) 124. 
 
 DUSTY FOOT. See "Court of Piepoudre." 
 
 DUTCH AUCTION. An auction at which 
 the auctioneer fixes a price for the articles 
 offered, which is gradually lowered until 
 accepted. See 18 Hun (N. Y.) 475. 
 
 DUTIES. Things due and recoverable by 
 law. The term, in its widest signification, 
 is hardly less comprehensive than "taxes." 
 It is applied, in its most restricted mean- 
 ing, to customs; and in that sense is nearly 
 the synonym of "imposts." 7 Wall. (U. S.) 
 445. 
 
 DUUMVIRI (from duo, two, and viri, 
 men). A general appellation among the 
 ancient Romans, given to any magistrates 
 elected in pairs to fill any office, or perform 
 any function. Brande. 
 
 Duumviri municipales were toro annual 
 magistrates in the towns and colonies, hav- 
 ing judicial powers. Calv. Lex. 
 
 Duumviri navales were officers appointed 
 to man, equip, and refit the navy. Id. 
 
 DUX (Lat.) From ducere, to lead. 
 
 In the Roman Law. A leader or mili- 
 tary commander; the commander of an 
 army. Dig. 3. 2. 2. pr. 
 
 In Later Law. A military governor ol 
 
 a province. See Code, 1. 27. 2. A military 
 officer having charge of the borders or 
 frontiers of the empire, called dux limitis 
 (duces limitum). Code, 1. 49. 1. pr.; Id. 1. 
 46. 4; Id.. 3. 26. 7. At this period, the word 
 
DWELL 
 
 339 
 
 DYVOUR'S HABIT 
 
 began to be used as a title of honor or dig- 
 nity. 
 
 In Feudal and Old European Law. 
 
 Duke; a title of honor or order of nobility. 
 1 Bl. Comm. 397; Crabb, Hist. Eng. Law, 
 236. One who was invested by the prince 
 with a dukedom or ducal iief (ducatus). 
 Feud. lib. 2, tit. 10. The highest order of 
 eapitanei regis or crown vassals. Id. lib. 1, 
 tit. 1, pr. The origin and history of this 
 title are elaborately treated by Spelman, 
 who observes that it was originally an offi- 
 cial title, afterwards honorary, and finally 
 feudal and hereditary. Dux is used in Brac- 
 ton as descriptive of the first order of sub- 
 jects in the kingdom. Sub eis (regibus) 
 duces, comites, barones, etc., under them, 
 dukes, earls, barons, etc. Bracton, fol. 5b. 
 
 DWELL. To have a domicile. 5 Pick. 
 (Mass.) 379. As to one having no domicile, 
 it signifies the place where he temporarily 
 resides. L. R. 1 Exch. 133. 
 
 A corporation dwells in the place where 
 its busine^ is done. 15 111. 437. 
 
 DWELLING HOUSE. A building inhab- 
 ited by man; a house usually occupied by 
 the person there residing, and his family; 
 the apartment, building, or cluster of build- 
 ings in which a man with his family re- 
 sides.- 1 Bish. Grim. Law, § 165. 
 
 The importance of an exact signification 
 for this word is often felt in criminal cases ; 
 and yet it is very difficult to frame an exact 
 definition which will apply to all cases. It 
 is said to be quivalent to "mansion house." 
 3 Serg. & R. (Pa.) 199; 4 Strob. (S. C. 
 872; 13 Bost. Law Rep. 157; 7 Man. & G. 
 122. See 14 Mees. & W. 181; 4 C. B. 105; 4 
 Call (Va.) 109. 
 
 It must be a permanent structure (1 Hale, 
 P. C. 557; 1 Russ. Crimes [Greaves Ed.] 
 798), it must be complete (20 Conn. 245), 
 and it must be inhabited at the time (2 
 East, P. C. 496; 2 Leach, C. C. 1018, note; 
 33 Me. 30; 10 Gush. [Mass.] 479; 64 
 
 Mass. 478; 52 N. C. 167). It is sufficient if 
 a part of the structure only be used for an 
 abode. Russ. & R. 185; 2 Taunt. 339; 1 
 Moody, G. C. 248; 11 Mete. (Mass.) 295; 
 9 Tex. 42; 2 Bos. & P. 508; 27 Ala. (N. S.) 
 31. 
 
 Rooms in a tenement house are a dwell- 
 ing. 80 N. Y. 327. 
 
 A jail has been held a dwelling house. 18 
 Johns. (N. Y.) 115; 4 Call (Va.) 109. 
 
 It includes buildings within the curtilage. 
 16 Mich. 142; 2 N. G. 118. 
 
 DYING DECLARATIONS. Declarations 
 made by one at the point of death, or be- 
 lieving himself to be. They are admissible 
 in evidence only when made by the victim 
 of a homicide (56 N. Y. 103; 35 Ohio St. 
 78) as to facts relating to the homicide toi 
 which the dying person could have testi- 
 fied (30 Mich. 431; 124 Mo. 397), and under 
 a full conviction of impending death (126 
 111. 81; 48 Mich. 474). They are admissible 
 only in a prosecution for the killing of the 
 declarant. 49 Iowa, 238. 
 
 DYING WITHOUT ISSUE. Not having 
 issue living at the death of the decedent. 5 
 Paige, Ch. (N. Y.) 514. In England this 
 is the signification, by St. 7 Wm. IV., and 
 St. 1 Vict. c. 26, § 29. See 2 Washb. Real 
 Prop. 362 et seq. 
 
 DYSNOMY. Bad legislation; the enact- 
 ment of bad laws. 
 
 DYVOUR. In Scotch law. A bankrupt. 
 
 DYVOUR'S HABIT. In Scotch law. A 
 habit which debtors who are set free on a 
 cessio bonorum ai^e obliged to wear, unless 
 in the summons and process of cessio it be 
 libelled, sustained, and proved that the bank- 
 ruptcy proceeds from misfortune. And 
 bankrupts are condemned_ to submit to the 
 habit, even where no suspicion of fraud lies 
 against them, if they have been dealers in 
 an illicit trade. Ersk. Princ. 4. 3. 13. 
 
E 
 
 340 
 
 EARL 
 
 E 
 
 E. _ Law Fr. A contraction of et (and) . 
 Arisions e homicides. Artie, sup. Chart, c. 
 17. E volums he; and we will that. Conf. 
 Cart. 25 Edw. L 
 
 In Latin phrases. A preposition meaning 
 ."from" or "out of." It is used only before 
 a consonant; "ex" being used with the same 
 signi^cance before a vowel. 
 
 E, at the commencement of words having 
 the first syllable En or Em, properly de- 
 notes a derivation from the French, as I 
 denotes a derivation from the Latin. Thus, 
 Enclose, Encumber, Endow, Enfranchise, 
 Engross, Enjoin, Enlarge and Enroll are 
 closely formed from the L. Fr. Enclorer, 
 Encomhrer, Endower, Enfranehir, Engross- 
 er, Enjoyndre, Enlarger and Enrouler. On 
 the other hand, Indict, Inform, Infringe, 
 Ingmre follow the L. Lat. Indictare Infer- 
 •nw/re, Infringere and Inqnirere. The or- 
 thography, however, has not been uniform. 
 Thus, there seems to have been a tendency, 
 from an early period, to the use of I rather 
 than E, even in words wholly and properly 
 of French origin ; as in Imparl, Implead and 
 Imprison, which being derived from the 
 pure L. Fr. Emparler, Empleder and Em- 
 prisoner, should properly have been spelled 
 with an E. This may have arisen from the 
 sound of the initial letter, the E being 
 probably pronounced I, as it is at present. 
 Hence we meet, in the old books, with Inr 
 gross, Injoin, Inrol, Intitle, Inlarge, Imploy 
 and Imhezzle, which are no longer used. On 
 the other hand we meet with such words as 
 Encur, Endebted, Endictment, Enfant, En- 
 form, Entermarriage, Enterlining and oth- 
 ers, which are equally obsolete. On the 
 whole, the gradual tendency in modern or- 
 thography has been to the use of I rather 
 than E, as an initial letter. In a few 
 cases, however, both forms are still em- 
 ployed. Thus, Endorse and Indorse con- 
 tinue to have their respective advocates, al- 
 though the latter enjoys the support of 
 standard authority. 
 
 E CONVERSO (Lat.) On the other hand; 
 on the contrary. 
 
 EA (Saxon). The water or river; also the 
 mouth of a river on the shore between high 
 and low water mark. 
 
 EA EST ACCIPIENDA INTERPRETATrO, 
 quae vitio caret. That interpretation is to 
 be received which is free from fault. Bac. 
 Max. reg. 3, p. 47. 
 
 EA INTENTIONE (Law Lat.) With that 
 intent. Held not to make a condition, but 
 a confidence and trust. Dyer, 138b. 
 
 EA QUAE COMMENDANDI CAUSA IN 
 venditlonibus dicuntur si palam appareant 
 vendrtorem non obllgant. Those things 
 which, by way of commendation, are stated 
 
 at sales, if they are openly apparent, do no 
 bind the seller. Dig. 18. 43. m. 
 
 EA QUAE DARI IMPOSSIBILIA SUNT, 
 vel quae In rerum natura non sunt, pro non 
 adjectis habentur. Those things which can- 
 not be griven, or which are not in existence, 
 are held as not expressed. Dig. SO. 17. 135. 
 
 EA QUAE IN CURIA NOSTRA RITE 
 acta sunt debltae executloni demandari de- 
 bent. Those things which are properly trans- 
 acted in our court ought to be committed to 
 a due execution. Co. Litt. 289. 
 
 EA QUAE RARO ACCIDUNT, NON TE- 
 mere in agendls negotiis computantur. Those 
 things which rarely happen are not to be 
 taken into account in the transaction of 
 business, without sufficient reason. Dig. 50. 
 17. 64. 
 
 EACH. Every one of the two' or more in- 
 dividuals composing the whole, considered 
 separately from the rest. 102 111. 233. 
 
 EADEM CAUSA DIVERSIS RATIONIBUS 
 coram Judlcibus ecclesiasticis et eecularibus 
 ventllatur. The same cause is argued upon 
 different principles before ecclesiastical and 
 secular judges. 2 Inst. 622. 
 
 EADEM EST RATIO, EADEM EST LEX. 
 The same reason, the same law. 7 Pick. 
 (Mass.) 493. 
 
 EADEM MENS PRAESUMITUR REGIS 
 quae est juris quae esse debet, praesertim 
 in dubiis. The mind of the sovereign is pre- 
 sumed to be coincident with that of the law, 
 and with that which ought to be, especially 
 in ambiguous matters. Hob. 154; Broom, 
 Leg. Max. (3d London Ed.) 53. 
 
 EAGLE. A gold coin of the United States 
 of the value of ten dollars. 
 
 EALDER, or EALDING. In old Saxon 
 law. An elder or chief. 
 
 EALDERMAN (Saxon). A Saxon title of 
 honor. It was a mark of honor very widely 
 applicable, the ealdermen being of various 
 ranks. It is the same as alderman (q. v.) 
 
 EALDOR BISCOP. A chief bishop or 
 archbishop. 
 
 EALDORBURG (Saxon). The chief city. 
 
 EALEHUS. An ale house. 
 
 EALHORDA. The privilege of assizing 
 and selling beer. 
 
 EAR WITNESS. One who attests to 
 things he has heard himself. 
 
 EARL. In English law. A title of noblHty 
 next below a marquis, and above a viscount. 
 
EARL MARSHAL 
 
 341 
 
 EASEMENT 
 
 Earls were anciently called eomites, be- 
 cause they were wont comitari regent, to 
 wait upon the king for counsel and advice. 
 They were also called "shiremen," because 
 each earl had the civil government of a 
 shire. After the Norman conquest they were 
 called "counts,' whence the shires obtained 
 the names of counties. They have now noth- 
 ing to do with the government of counties, 
 which has entirely developed on the sheriff, 
 the earl's deputy, or vice comes. 
 
 EARL MARSHAL. An officer who form- 
 erly was of great repute in England. He 
 held the court of chivalry alone as a court 
 of honor, and, in connection with the lord 
 high constable, as a court having criminal 
 jurisdiction. 3 Bl. Comm. 68; 4 Bl. Comm. 
 467. The duties of the office now are re- 
 stricted to the settlement of matters of 
 form merely. It would appear, from simi- 
 larity of duties, and from the derivation 
 of the title, to be a relic of the ancient 
 office of alderman of all England. See "Al- 
 derman." 
 
 EARLDOM. The dignity or jurisdiction 
 of an earl. The dignity only remains now, 
 as the jurisdiction has been given over to 
 the sheriff. 1 Bl. Comm. 339. 
 
 EARLES PENNY. Earnest money. 
 
 EARMARK. A mark put upon a thing 
 for the purpose of distinction. Money in a 
 bag tied and labelled is said to have an 
 earmark. 3 Maule & S. 575. 
 
 EARNEST. The payment of a part of the 
 price of goods sold, or the delivery of part 
 of such goods, for the purpose of binding 
 the contract. 
 
 EARNINGS. That which Is gained or 
 merited by labor, service, or performance. 
 47 Wis. 113. It is a term of larger import 
 than "wages," bjit in its general accepta- 
 tion, does not mean net earnings unless 
 qualified in some way. 182 111. 169; 102 
 Mass. 235. See "Gross Earnings." 
 
 EASEMENT. A right in the owner of one 
 parcel of land, by reason of such owner- 
 ship, to use the land of another for a spe- 
 cial purpose not inconsistent with a general 
 property in the owner. 2 Washb. Real Prop. 
 25. 
 
 A privilege, without profit, which the 
 owner of one adjacent tenement hath of an- 
 other, existing in respect of their several 
 tenements, by which that owner against 
 whose tenement the privilege exists is 
 obliged to suffer or not to do something on 
 or in regard to his own land for the advan- 
 tage of him in whose land the privilege ex- 
 ists. Termes de la Ley; Bell, Diet. (Ed. 
 1838). "Easements," "Servitude"; 1 Serg. 
 & R. (Pa.) 298; 3 Barn. & C. 339; 5 Barn. 
 & C. 221; 3 Bing. 118; 2 McCord (S. C.) 
 451; 3 McCord (S. C.) 131, 194; 14 Mass, 
 49; 3 Pick. (Mass.) 408; 47 Md. 801. 
 
 In the civil law, the land against which 
 the privilege exists is called the "servient 
 tenement"; its proprietor, the "servient 
 owner"; he in whose favor it exists, the 
 "dominant owner"; his land, the "domi- 
 nant tenement." And, as these rights are 
 usually not personal, and do not change 
 with the persons who may own the respect- 
 ive estates, it is very common to personify 
 the estates as themselves owning or enjoy- 
 ing the easement. 4 Sandf. Ch. (N. Y.) 72; 
 3 Paige, Ch. (N. Y.) 254; 16 Pick. (Mass.) 
 522. 
 
 Easements have these essential qualities. 
 There must be two tenements owned by sev- 
 eral proprietors, — the dominant, to which 
 the privilege is attached; the servient, upon 
 which it is imposed. White & T. Lead. 
 Cas. 108; 17 Mass. 443. Easements, strict- 
 ly considered, exist only in favor of, and 
 are imposed only on, corporeal property. 2 
 Washb. Real Prop. 25. They confer no 
 right to any profits arising from the serv- 
 ient tenement. 4 Sandf. Ch. (N. Y.) 72; 4 
 Pick. (Mass.) 145; 5 Adol. & E. 758; 30 
 Eng. Law & Eq. 189; 3 Nev. & P. 257. They 
 are incorporeal. By the common law, they 
 may be temporary; by the civil law, the 
 cause must be perpetual. They impose no 
 duty on the servient owner, except not to 
 change his tenement to the prejudice or de- 
 struction of the privilege. Gale, Easem. (3d 
 Ed.) 1-18; Washb. Easem. Index. 
 
 Easements are either (1) positive or (2) 
 negative, the former authorizing the com- 
 mission of acts on the servient estate, and 
 the latter merely forbidding the servient 
 owner from doing some act to the detri- 
 ment of the dominant owner, as to build to 
 the obstruction of his light. 
 
 They are also (3) appurtenant, or (4) 
 in gross, the former running with the land, 
 and the latter attached to a person. 
 
 (5) Quasi easements. "There are rights 
 mentioned in the books as q^Msi easements. 
 (1) Where there has been an easement 
 proper, with a dominant and servient tene- 
 ment, and the ownership of such tenements 
 has been unified. (2) Where the owner of 
 land has constructed a way or drain over 
 one portion of it for the benefit of another 
 portion, and there has never been a separate 
 ownership of a dominant and servient tene- 
 ment. This class is again subdivided into 
 those which are called 'continuous,' as a 
 drain or sewer, which are used continuously 
 without the intervention of man, and those 
 which are called 'noncontinuous,' as a right 
 of way, which can only be used by the in- 
 tervention of man, repeated at intervals 
 when user is desired." Goddard, Easem. 84; 
 68 N. Y. 66. 
 
 Easements are as various as the exi- 
 gencies of domestic convenience, or the pur- 
 poses to which buildings and land may be 
 applied. 
 
 The following attach to land as incidents 
 or appurtenances, viz.: The right of pas- 
 ture on other land; of fishing in other 
 waters; of taking game on other land; of 
 
EAST GREENWICH 
 
 342 
 
 ECCLESIASTICAL 
 
 way over other land; of taking wood, min- 
 erals, or other produce of the soil from 
 other land; of receiving air, light, or heat 
 from or_ over other land; of receiving or 
 discharging water over, or having support 
 to buildings from, other land (3 EL, Bl. & 
 El. 655) ; of going on other land to clear 
 a mill stream, or repair its banks, or draw 
 water from a spring there, or to do some 
 other act not involving ownership; of 
 carrying on an offensive trade (2 Bing. N. 
 C. 134; 5 Mete. [Mass.] 8) ; of burying in a 
 church, or a particular vault (Washb. 
 Easem.; Civ. Code N. Y. pp. 149, 150; 8 
 H. L. Cas. 362; 3 Barn. & A. 735; 11 Q. B. 
 666) . 
 
 An easement is distinguished from a li- 
 cense in that it carries an interest, and 
 from a profit a prendre (q. v.) in that it is 
 a privilege without profit. 
 
 EAST GREENWICH. The name of a 
 royal manor in the county of Kent, Eng- 
 land. Mentioned in royal grants or patents, 
 as descriptive of the tenure of free socage. 
 "To be holden of us, our heirs and succes- 
 sors, as of our manor of East Greenwich, 
 in free and common socage." 
 
 EASTER OFFERINGS, or EASTER 
 dues. In English law. Small sums of money 
 paid to the parochial clergy by the parish- 
 ioners at Easter as a compensation for per- 
 sonal tithes or the tithe for personal labor. 
 2 & 3 Edw. IV. c. 13; 2 & 3 Vict. c. 62, § 9. 
 
 EASTER TERM, lii English practice one 
 of the four terms of the superior courts in 
 England, formerly called the movable term, 
 but now fixed, beginning on the 15th of 
 April, and ending on the 8th of May, in 
 every year. St. 11 Geo. IV.; 1 Wm. IV. c. 
 70, 3 Chit. Gen. Prac. 91. 
 
 EASTER LING. A coin struck by Richard 
 II., which is supposed to have given rise 
 to the name of "sterling," as applied to 
 English money. Wharton. 
 
 EAT INDE SINE DIE. Words used on an 
 acquittal, or when a prisoner is to be dis- 
 charged, "that he may go without day;" 
 that is, that he be dismissed. Dane, Abr. 
 Index. 
 
 EAVESDROPPERS. In criminal law. 
 Such persons as wait under walls or win- 
 dows or the eaves of a house, to listen to 
 discourses and thereupon to frame mis- 
 chievous tales. 4 Bl. Comm. 167. 
 
 EBBA. In old English law. Ebb (of the 
 tide.) Ehha et fluctus, ebb and flow of tide; 
 ebb and flood. Bracton, fols. 265, 338. 
 
 ECCHYMOSIS. In medical jurisprudence. 
 Blackness. It is an extravasation of blood 
 by rupture of capillary vessels, and hence 
 it follows contusion; but it may exist, as 
 in cases of scurvy and other morbid condi- 
 tions, without the latter. Ryan, Med. Jur. 
 172. 
 
 _ ECCLESIA (Lat. an assembly). A Chris- 
 tian assembly; a church; a place of relig- 
 ious worship. Spelman. 
 
 ECCLESIA ECCLESIAE DECIMAS SOL- 
 vere non debet. It Is not the duty of the 
 church to pay tithes to the church. Cro 
 Eliz. 479. 
 
 ECCLESIA EST DOMUS MANSIONALIS 
 Omnlpotentis Del. The church is the man- 
 sion house of the Omnipotent God. 2 Inst 
 164. 
 
 ECCLESIA EST INFRA AETATEM ET 
 in custodia domini regis, qui tenetur jura et 
 haeredltates ejusdem manu tenere et defen- 
 dere. The church is under age, and in the 
 custody of the king, who is bound to up- 
 hold and defend its rights and inheritances. 
 11 Coke, 49. 
 
 ECCLESIA FUNGITUR VICE MINORIS; 
 meliorem conditionem suam facere potest, 
 deterlorem nequaquam. The church enjoys 
 the privilege of a minor; it can make its 
 own condition better, but not worse. Co. 
 Litt. 341. 
 
 ECCLESIA MAGIS FAVENDUM EST 
 quam personae. The church is more to be 
 favored than an individual. Godb. 172. 
 
 ECCLESIA NON MORITUR. 
 
 does not die. 2 Inst. 3. 
 
 The church 
 
 ECCLESIASTIC. A clergyman; one des- 
 tined to the divine ministry; as, a bishop, a 
 priest, a deacon. Domat, Civ. Law, liv. 
 prel. tit. 2, § 2, note 14. 
 
 ECCLESIASTICAL. Pertaining to the 
 church as distinguished from secular or 
 civil. 
 
 ECCLESIASTICAL COMMISSIONERS. 
 
 Commissioners established by statute, in 
 England, principally for the purpose of pre- 
 paring schemes for the improvement of the 
 ecclesiastical system, especially as to the 
 equalization of the revenues and duties of 
 the various dioceses, and to provide for the 
 cure of souls in parishes where assistance 
 was required. Several of such schemes 
 have been given effect to by orders in coun- 
 cil. By 'later acts a fund has been vested 
 in the commissioners to enable them to 
 make provision for the cure of souls in 
 populous districts, and provision is accord- 
 ingly made for the creation of ecclesiastical 
 districts and parishes, and the appointment 
 of ministers ifherein. Phillim. Ecc. Law, 
 2090; 2 Steph. Comm. 748; St. 6 & 7 Wm. 
 IV. c. 77; St. 13 & 14 Vict. c. 94; St. 29 & 
 30 Vict. c. Ill, etc. See "Parish." 
 
 ECCLESIASTICAL CORPORATIONS. 
 
 Such corporations as are composed of per- 
 sons who take a lively interest in the ad- 
 vancement of religion, and who are asso- 
 ciated and incorporated for that purpose. 
 Angell & A. Corp. § 36. 
 
ECCLESIASTICAL COURTS 
 
 343 
 
 EDICTUM THEODORICI 
 
 Corporations whose members are spiri- 
 tual persons are distinguished from lay cor- 
 porations. 1 Bl. Comm. 470. They are gen- 
 erally called "religious corporations" in 
 the United States. 2 Kent, Comm. 274: An- 
 gell & A. Corp. § 37. 
 
 ECCLESIASTICAL COURTS. In English 
 ecclesiastical law. The generic name for 
 certain courts in England, having cogni- 
 zance mainly of spiritual matters. Also 
 called "Courts Christian." 
 
 The jurisdiction which they formerly ex- 
 ercised in testamentary and matrimonial 
 causes has been taken away. St. 20 & 21 
 Vict. c. 77, § 3, c. 85, § 2; 21 & 22 Vict. c. 
 95. See 3 Bl. Comm. 67. 
 
 They consist of the archdeacon's court, 
 the consistory courts, the court of arches, 
 the court of peculiars, the prerogative 
 courts of the two archbishops, the faculty 
 court, and, on appeal, the privy council. 
 
 ECCLESIASTICAL LAW. The law of the 
 church. The existence in England of a sep- 
 arate order of ecclesiastical courts, and a 
 separate system of law by them adminis- 
 tered, may be traced back to the time of 
 William the Conqueror, who separated the 
 civil and the ecclesiastical jurisdictions, and 
 forbade tribunals of either class from as- 
 suming cognizance of cases pertaining to 
 the other. The elements of the English ec- 
 clesiastical law are the canon law, the civil 
 law, the common law of England, and the 
 statutes of the realm. The jurisdiction of 
 the ecclesiastical tribunals extended to mat- 
 ters concerning the order of clergy and their 
 discipline, and also to such affairs of the 
 laity as "concern the health of the soul," 
 and under this latter theory it grasped also 
 cases of marriage and divorce, and testa- 
 mentary causes. But in more recent times 
 (1830-1858), these latter subjects have been 
 taken from these courts, and they are now 
 substantially confined to administering the 
 judicial authority and discipline incident to 
 a national ecclesiastical establishment. See, 
 also, "Canon Law." 
 
 ECDICUS (Graeco-Lat.) The attorney, 
 proctor, or advocate of a corporation. Epis- 
 eoporum ecdici, bishops' proctors; church 
 lawyers. 1 Reeve, Hist. Eng. Law, 65. 
 
 ECHANTILLON. In French law. One of 
 the two parts or pieces of a wooden tally. 
 That in possession of the debtor is properly 
 called the "tally"; the other "echantillon." 
 Poth. Obi. pt. 4, c. 1, art. 2, § 8. 
 
 ECUMENICAL. GeneraL 
 
 EDDERBRECHE. In Saxon law. The of- 
 fense of hedge breaking. 
 
 EDESTIA. Buildings. 
 
 EDICT (Lat. edictum). A law ordained 
 by the sovereign, by which he forbids or 
 commands something. It extends either to J 
 
 the whole country, or only to some particu- 
 lar provinces. 
 
 Edicts are somewhat similar to public 
 proclamations. Their difference consists in 
 this, that the former have authority and 
 form of law in themselves, whereas the lat- 
 ter are, at most, declarations of a law be- 
 fore enacted. 
 
 Among the Romans, this word sometimes 
 signified a citation to appear before a judge. 
 The edicts of the emperors, also called con- 
 stitutiones prindpium, were new laws which 
 they made of their own motion, either to 
 decide cases which they had foreseen, or to 
 abolish or change some ancient laws. They 
 were different from "rescripts" or "decrees," 
 which were answers given in deciding ques- 
 tions brought before them. These edicts con- 
 tributed to the formation of the Gregorian, 
 Hermogenian, Theodosian, and Justinian 
 Codes. See Dig. 1. 4. 1. 1; Inst. 1. 2. 7; 
 Code, 1. 1; Nov. 139. 
 
 EDICTS OF JUSTINIAN. Thirteen con- 
 stitutions or laws of this prince, found in 
 most editions of the Corpus Juris Civilis, 
 after the Novels. Being confined to matters 
 of police in the provinces of the empire, 
 they are of little use. 
 
 EDICTUM (Lat.) In the Roman law. An 
 edict; a mandate, or ordinance; an ordi- 
 nance, or law, enacted by the emperor with- 
 out the senate, belonging to the class of con- 
 stitutiones prindpis. Inst. 1. 2. 6. An edict 
 was a mere voluntary constitution of the 
 emperor, differing from a rescript, in not 
 being returned in the way of answer and 
 from a decree, in not being given in judg- 
 ment, and from both, in not being founded 
 upon solicitation. Tayl. Civ. Law, 233. 
 
 A general order published by the praetor, 
 on entering upon his office, containing the 
 system of rules by which he would adminis- 
 ter justice during the year of his office. Dig. 
 1. 2. 2. 10; Mackeld. Civ. Law, § 35; Tayl. 
 Civ. Law, 214; Calv. Lex. 
 
 EDICTUM PERPETUUM (Lat.) The ti- 
 tle of a compilation of all the edicts. The 
 collection is in fifty books, and was made 
 by Salvius Julianus, a jurist acting by com- 
 mand of Emperor Adrian. 
 
 Parts of this collection are cited in the 
 Digest. 
 
 EDICTUM THEODORICI. This is the first 
 collection of law that was made after the 
 downfall of the Roman power in Italy. It 
 was promulgated by Theodoric, king of the 
 Ostrogoths, at Rome in A. D. BOO. It con- 
 sists of 154 chapters, in which we recognize 
 parts taken from the Code and Novellae of 
 Theodosius, from the Codices Gregorianus 
 and Hermogenianus, and the Sententiae of 
 Paulus. The edict was doubtless drawn up 
 by Roman writers, but the original sources 
 are more disfigured and altered than in any 
 other compilation. This collection of law 
 was intended to apply both to the Goths and 
 the Romans, so far as its provisions went; 
 
EDITUS, or AEDITUS 
 
 844 
 
 EIRENARCHA 
 
 but, when it made no alteration in the 
 Gothic law, that law was still to be in force. 
 Savigny, Hist. Rom. Law; Wharton. 
 
 EDITUS, or AEDITUS (Law Lat.) In old 
 English law. Put forth; published or pro- 
 mulgated; passed as a law. Reg. Jud. 2. 1. 
 Contra formam. statuti — editi et provist; 
 against the form of the statute — ^made and 
 provided. Rast. Entr. 598, 599. 
 
 Brought forth or born, as a child. Brac- 
 ton, fol. 278. 
 
 EFFECTS. Property, or worldly sub- 
 stance. As thus used, it denotes property 
 in a more extensive sense than goods. 2 
 Sharswood, Bl. Comm. 284; 223 111. 538. It 
 includes all kinds of personalty (9 "West. 
 Rep. 403), unless limited by context (13 
 Ves. 89). Whether or not it includes realty 
 depends on the context. In 89 N. C. 447, 
 it was held to include realty. Contra, 15 
 Mees. & W. 450. 
 
 EFFECTUS SEQUITUR CAUSAM. The 
 effect follows the cause. Wingate, Max. 
 226. 
 
 EFFICIENT CAUSE. The working cause, 
 or that cause which produces effects or 
 results. Ford v. Hine, etc., Co., 237 111. 
 469. 
 
 EFFIGY. The figure or representation of 
 a person. 
 
 To make the efBgy of a person with an in- 
 tent to make him the object of ridicule is a 
 libel (g. v.) Hawk. P. C: bk. 1, c. 73, § 2; 
 14 East, 227; 2 Chit. Crim. Law, 866. 
 
 In France an execution by effigy or in 
 effigy is adopted in the case of a criminal 
 who has fled from justice. By the public 
 exposure or exhibition of a picture or repre- 
 sentation of him on a scaffold on which his 
 name and the decree condemning him are 
 written, he is deemed to undergo the punish- 
 ment to which he has been sentenced. Since 
 the adoption of the Code Civil, the practice 
 has been to affix the names, qualities, or ad- 
 dition, and the residence of the condemned 
 person, together with an extract from the 
 sentence of condemnation, to a post set up- 
 right in the ground instead of exhibiting 
 a portrait of him on the scaffold. 
 
 EFFLUX. Running of time; expiration by 
 lapse of time. 
 
 EFFLUXION OF TIME. When this 
 phrase is used in leases, conveyances, and 
 other like deeds, or in agreements expressed 
 in simple writing, it indicates the conclu- 
 sion or expiration of an agreed term of 
 years specified in the deed or writing; such 
 conclusion or expiration arising in the nat- 
 ural course of events, in contradistinction to 
 the determination of the term by the acts 
 of the parties, or by some unexpected or 
 unusual incident or other sudden event. 
 Brown. 
 
 EFFORCIALITER (Law Lat.) Forcibly. 
 
 EFFRACTION. A breach made by tte 
 use of force. 
 
 EFFRACTOR. One who breaks through; 
 one who commits a burglary. 
 
 EFFRACTORES. In old English and civil 
 law. Burglars or prison breakers. 
 
 EFFUSIO SANGUINIS (Law Lat.) In old 
 English law. The shedding of blood; the 
 mulct, fine, wite, or penalty imposed for the 
 shedding of blood. Cowell; Tomlin. See 
 "Bloodnit." 
 
 EFTERS. In Saxon law. Ways, walks, or 
 hedges. Blount. 
 
 EGALITY. Owelty (q. v.) Co. Litt. 1693. 
 
 EGO, TALIS. I, such a one. Used in old 
 forms to indicate where the name ard de- 
 scription of a party should be inserted. 
 
 EGREDIENS ET EXEUNS (Law Lat.) In 
 old pleading. Going forth and issuing out 
 of land. Towns. PI. 17. 
 
 El INCUMBIT PROBATIO QUI DIGIT, 
 non qui negat. The burden of the proof lies 
 upon him who affirms, not he who denies. 
 Dig. 22. 3. 2; Tait; Ev. 1; 1 Phil. Ev. 194; 1 
 Greenl. Ev. § 74; 3 La. 83; 2 Daniell, Ch. 
 Prac. 408; 4 Bouv. Inst, note 4411. 
 
 El NIHIL TURPE, CUI NIHIL SATIS. 
 
 Nothing is base to whom nothing is suffi- 
 cient. 4 Inst. 53. 
 
 El A, or EY. An island. So called, accord- 
 ing to Spelman, from a supposed resemb- 
 lance to an egg or eye. 
 
 EIGNE. A corruption of the French word 
 aine. Eldest, or first-born. 
 
 It is frequently used in our old law books. 
 Bastard eigne signifies an elder bastard 
 when spoken of two children, one of whom 
 was born before the marriage of his par- 
 ents, and the other after. The latter is 
 called mulier puisne. Litt. § 399. 
 
 EIK. In Scotch law. An addition; as, 
 eik to a reversion, eik to a confirmation. 
 Bell, Diet. 
 
 EINECIA. Eldership; the right or priv- 
 ilege of the first bom. 
 
 EINETIUS, EINSNE, or EIGN. In Eng- 
 lish law. The oldest; the first born, Spel- 
 man. 
 
 EIRE, or EYRE. In English law. A Jour- 
 ney. 
 
 'Justices in eyre were itinerant judges, 
 who were sent once in seven years with a 
 general commission into divers counties, to 
 hear and determine such causes as were 
 called "pleas of the crown." See "Justices 
 in Eyre." 
 
 EIRENARCHA. A name formerly given fB 
 a justice of the peace. Bac Works, IV. 
 
EISDEM MODIS 
 
 345 
 
 EJUS EST NON NOLLE QUI 
 
 816. In the Digests, the word is written 
 "irenarcha." 
 
 EISDEM MODIS DISSOLVITUR OBLIGA- 
 tlo quae nascltur ex contractu, vel quasi, 
 quibus contrahitur. An obligation which 
 arises from contract, or quasi contract, is 
 dissolved in the same ways in which it is 
 contracted. Fleta, lib. 2, c. 60, § 19. 
 
 EISNETIA, or EINETIA (Lat.) The share 
 of the oldest son; the portion acquired by 
 primogeniture. Termes de la Ley; Co. Litt. 
 166b; Cowell. 
 
 EITHER. Old forms: either, eyther, 
 aither, ayther. 
 Each of two; the one and the other. 172 
 
 "1- 68. , , . 
 
 The word "either" is sometimes used 
 in the sense of one or the other of several 
 things, and not infrequently in the sense 
 of one and the other, it being common to 
 say on either hand, on either side, mean- 
 ing, thereby, on each hand or side. 59 111. 
 89 
 
 The term "either" does not include "both," 
 nor does "both" the greater intend and 
 therefore include the less "either." 4 Hawa. 
 429. 
 
 EJECT A. A woman ravished or deflow- 
 ered, or cast forth from the virtuous. 
 Blount. 
 
 EJECTIONE CUSTODIAE (Lat.) A writ 
 which lay for a guardian to recover the land 
 or person of his ward, or both, where he 
 had been deprived of the possession of them. 
 Fitzh. Nat. Brev. 139 (L) ; Co. Litt. 199. 
 
 EJECTIONE FIRMAE (Lat. ejectment 
 from a farm). This writ lay where lands 
 or tenements were let for a term of years, 
 and afterwards the lessor, reversioner, re- 
 mainderman, or a stranger ejected or ousted 
 the lessee of his term. The plaintiff, if he 
 prevailed, recovered the term with damages. 
 This writ is the original foundation of the 
 action of ejectment. 3 Sharswood, Bl. Comm. 
 199; Fitzh. Nat. Brev. 220 (F), (G) ; Gib- 
 son, Eject 3; Stearns, Real Actions, 53, 
 400. 
 
 EJECTMENT (Lat. e, out of, jaeere, to 
 throw, cast; ejieere, to cast out, to eject). 
 In practice. A form of action by which 
 possessory titles to corporeal hereditaments 
 may be tried and possession obtained. 
 
 A form of action which lies to regain the 
 possession of real property, with damages 
 for the unlawful detention. 
 
 In its origin, this action was an action of 
 trespass which lay for a tenant for years, 
 to recover damages against a person who 
 had ousted him of his possession without 
 right. To the judgment for damages, the 
 courts soon added a judgment for posses- 
 sion, upon which the plaintiff became en- 
 titled to a writ of possession. As the dis- 
 advantages of real actions as a means of re- 
 covering lands for the benefit of the real 
 
 owner from the possession of one who held 
 them without title became a serious ob- 
 stacle to their use, this form of action was 
 taken advantage of by BoUe, C. J., to ac- 
 complish the same result. 
 
 In the original action, the plaintiff had 
 been obliged to prove a lease from the per- 
 son shown to have title, an entry under the 
 lease, and an ouster by some third person. 
 The modified action as sanctioned by RoUe 
 was brought by a fictitious person as lessee 
 against another fictitious person (the casual 
 ejector) alleged to have committed the 
 ouster. Service was made upon the tenant 
 in possession, with a notice annexed from 
 the casual ejector to appear and defend. If 
 the tenant failed to do this, judgment was 
 given by default, and the claimant put in 
 possession. If he did appear, he was al- 
 lowed to defend only by entering into the 
 consent rule, by which he confessed the fic- 
 titious lease, entry, and ouster to have been 
 made, leaving only the title in question. The 
 tenant, by a subsequent statute, was obliged, 
 under heavy penalties, to give notice to his 
 lessor of the pendency of the action. 
 
 The action has been superseded in Eng- 
 land by a form prescribed by the common 
 law procedure act (1852, §§ 170-220), and 
 has been materially modified in many of the 
 states of the United States, though still re- 
 taining the name; but is retained in its 
 original form in others, and in the United 
 States courts for those states in which it 
 existed when the circuit courts were organ- 
 ized. In some of the United States it has 
 never been in use. See 3 Sharswood, Bl. 
 Comm. 198-207; 1 Washb. Real Prop. (4th 
 Ed.) 433. 
 
 EJECTUM. That which Is thrown up by 
 the sea. 1 Pet. Adm. (U. S.) 43. 
 
 EJECT US. In old English law. A pimp 
 or whoremonger. 
 
 EJERCITORIA. In Spanish law. The ac- 
 tion which lies against the owner of a ves- 
 sel for debts contracted by the master, or 
 contracts entered into by him, for the pur- 
 pose of repairing, rigging, and victualling 
 the same. 
 
 EJIDOS (Spanish). Commons. 15 Cal. 
 554. 
 
 EJURARE. In feudal law. To abjure, re- 
 nounce, or disclaim by oath. 
 
 EJUS EST INTERPRETARI CUJUS EST 
 eondere. It Is his to Interpret whose It Is 
 to enact. Tayl. Civ. Law, 96. 
 
 EJUS EST NOLLE, QUI POTEST 
 velle. He who can will [exercise volition] 
 has a right to refuse to will [to withhold 
 consent]. Dig. 50. 7. 3. 
 
 EJUS EST NON NOLLE QUI POTEST 
 velle. He may consent tacitly who may 
 consent expressly. Dig. 50. 17. 3. 
 
EJUS EST PERICULUM 
 
 S46 
 
 ELEEMOSYNA REGIS 
 
 EJUS EST PERICULUM CUJUS EST Do- 
 minium aut commodum. He has the risk who 
 has the right of property or advantage. 
 
 EJUS NULLA CULPA EST CUI PARERE 
 necesse sit. No guilt attache? to him who is 
 compelled to obey. Dig. 50. 17. 169. 
 
 EJUSDEM GENERIS (Lat.) Of the same 
 kind. 
 
 In the construction of laws, wills, and 
 other instruments, when certain things are 
 enumerated, and then a phrase is used 
 which might be construed to include other 
 things, it is generally confined to things 
 ejusdem generis. Thus, "clerical or other 
 defects" includes only formal defects (40 
 Barb. [N. Y.] 574) , and a statute providing 
 for relief to women whose husbands fail to 
 support them "from drunkenness, profligacy, 
 or any other cause," means only causes of 
 similar nature, and does not include physi- 
 cal incapacity. 20 Wis. 682. 
 
 ELABORARE (Law Lat.) In old Euro- 
 pean law. To gain, acquire, or purchase, as 
 by labor and industry. Elaboratus, prop- 
 erty acquired by labor. Spelman. 
 
 ELDER BRETHREN. See "Trinity 
 Masters." 
 
 ELDER TITLE. That of two titles com- 
 ing simultaneously into conflict which is of 
 earlier date. 
 
 ELECTA UNA VIA, NON DATUR RE- 
 cursus ad alteram. When thisre is concur- 
 rence of means, he who has chosen one can- 
 not have recourse to another. 10 TouUier, 
 Dr. Civ. note 170. 
 
 ELECTIO EST INTIMA [INTERNA], LI- 
 bera, et spontanea separatio unlus rel ab 
 alia, sine compulslone, conslstens In animo 
 et voluntate. Election is an internal, free, 
 and spontaneous separation of one thing 
 from another, without compulsion, consist- 
 ing in intention and will. Dyer, 281. 
 
 ELECTIO SEMEL FACTA, ET PLACIT- 
 um testatum, non patltur regressum. Elec- 
 tion once made, and plea witnessed, suffers 
 not a recall. Co. Litt. 146. 
 
 ELECTION. Choice; selection. The se- 
 lection of one man from among more, to 
 discharge certain duties in a state, corpora- 
 tion, or society. 
 
 The obligation imposed upon a party to 
 choose between two inconsistent or alterna- 
 tive rights or claims, in cases where there 
 is clear intention of the person from whom 
 he derives one that he should not enjoy 
 both. 
 
 Of Officers. The choice of officers of 
 
 a public or private body by the votes of the 
 members, or a class thereof. It differs from 
 "appointment," which implies the confer- 
 ring of official station by one or more per- 
 sons having power to represent the body in 
 that regard. 25 Md. 215. 
 
 Of Rights. The right or duty of one 
 
 who, by contract or donation, is entitled to 
 two or more rights in the alternative, to 
 select that which he will accept as a sub- 
 stitute for the others. One form of this, 
 sometimes known as "equitable election," 
 arises when an instrument gives a right 
 coupled with a burden, the donee of the 
 right having an election whether to accept 
 the same cum. onere, but being compelled 
 to accept thus, if at all. 
 
 —Of Remedies. The choice between 
 two or more coexisting and inconsistent 
 remedies for the same wrong. 2 Story, 
 Eq. Jur. § 1078. 
 
 Between Criminal Charges. The 
 
 choice by a public' prosecutor upon which 
 of several offenses charged in a single in- 
 dictment he will go to the jury. 
 
 ELECTION AUDITORS. In English law. 
 Officers annually appointed, to whom was 
 committed the duty of taking and publish- 
 ing the account of all expenses incurred at 
 parliamentary elections. See 17 & 18 Vict. 
 c. 102, §§ 18, 26-28. But these sections have 
 been repealed by 26 Vict. c. 29, which throws 
 the duty of preparing the accounts on the 
 declared agent of the candidate, and the 
 duty of publishing an abstract of it on the 
 returning officer. Wharton. 
 
 ELECTION JUDGES. In English law. 
 Judges of the high court, selected in pur- 
 suance of 31 & 32 Vict. c. 125, § 11, and 
 Judicature Act 1873, § 38, for the trial of 
 election petitions. 
 
 ELECTION PETITIONS. Petitions for in- 
 quiry into the validity of elections of mem- 
 bers of parliament, when it is alleged that 
 the return of a member is invalid for brib- 
 ery, or any other reason. These petitions 
 are heard by a judge of one of the common- 
 law divisions of the high court. Pari. El. 
 Act 1868; Judicature Act 1873, § 38. 
 
 ELECTIONES FIANT RITE ET LIBERE 
 sine interruptione allqua. Elections should 
 be made in due iorm, and freely, without 
 any interruption. 2 Inst. 169. 
 
 ELECTIVE. Pertaining to elections, as 
 the elective franchise. 
 
 Dependent on election, as an elective of- 
 fice. 
 
 ELECTOR. One who has the right to 
 make choice of public officers; one who has 
 a right to vote. See 10 Minn. 107; 53 Wis. 
 45. 
 
 ELECTORS OF PRESIDENT. Persons 
 elected by the people, whose sole duty is to 
 elect a president and vice president of the 
 United States. Const, art. 2, § 1; Const, 
 amend, art. 2. 
 
 ELEEMOSYNA REGIS (or ARATRI, or 
 oarucarum). A penny which King Ethelred 
 ordered to be paid for every plow in Eng- 
 land towards the support of the poor. 
 
ELEEMOSYNAE 
 
 347 
 
 EMANCIPATION 
 
 EUEEMOSYNAE. Possessions of the 
 church. Blount. 
 
 ELEEMOSYNARIA. The place In a re- 
 ligious house where the common alms were 
 deposited, and thence by the almoner dis- 
 tributed to the poor. 
 
 In Old English. The aumerie, aum- 
 bry, or ambry; words still used in common 
 speech in the north of England to denote 
 a pantry or cupboard. Cowell. 
 
 The office of almoner. Cowell. 
 
 ELEEMOSYNARIUS (Lat.) An almoner. 
 There was formerly a lord almoner to the 
 kings of England, whose duties are de- 
 scribed in Fleta, lib. 2, c. 23. A chief oflScer 
 who received the eleemosynary rents and 
 gifts, and in due method distributed them 
 to pious and charitable uses. Cowell. 
 
 ELEEMOSYNARY CORPORATIONS. 
 Such private corporations as are instituted 
 for purposes of charity, their object being 
 the perpetual distribution of the bounty of 
 the founder of them to such persons as he 
 directed. Of this kind are hospitals for the 
 relief of the impotent, indigent, sick, and 
 deaf or dumb. Angell & A. Corp. § 39; 1 
 Kyd. Corp. 26; 4 Conn. 272; 3 Bland, Ch. 
 (Md.) 407; 1 Ld. Raym. 5; 2 Term R. 346. 
 The distinction between ecclesiastical and 
 eleemosynary corporations is well illustrat- 
 ed in the Darthmouth College Case, 4 
 Wheat. (U. S.) 681. See, also, Angell & A. 
 Corp. § 39; 1 Sharswood, Bl. Comm. 471. 
 
 ELEGANTER (Lat.) In the civil law. Ac- 
 curately; with discrimination. 3 Story (U. 
 S.) 611, 636. 
 
 ELEGIT (Lat. eKfirere, to choose). A writ 
 of execution directed to the sheriff, com- 
 manding him to make delivery of. a moiety 
 of the party's land and all his goods, beasts 
 of the plough only excepted. The sheriff, on 
 receipt of the writ, holds an inquest to as- 
 certain the value of the lands and goods he 
 has seized, and then they are delivered to 
 the plaintiff, who retains them until the 
 whole debt and damages have been paid and 
 satisfied. During that term he is called 
 "tenant by elegit." Co. Litt. 289. See 
 Powell, Mortg. Index; Watson, Sheriffs, 206; 
 1 C. B. (N. S.) 568. 
 
 The name was given because the plaintiff 
 has his choice to accept either this writ or a 
 fi. fa. 
 
 By statute, in England, the sheriff is now 
 to deliver the whole estate instead of the 
 half. See 3 Sharswood, Bl. Comm. 418, 
 note. The writ is still in use in the United 
 States to some extent, and with somewhat 
 different modifications in the various states 
 adopting it. 4 Kent, Comm. 431, 436; 10 
 Grat. (Va.) 580; 1 Hilliard, 4br. 555, 556. 
 
 ELEMENTS. "Damage by the elements" 
 has been held synonymous with "damage by 
 act of God." "The elements are the means 
 by which God acts." 35 Cal. 416. 
 
 Eligible, the term eligible relates to capa- 
 city of holding, as well as capacity of being 
 elected to an office, 15 Ind. 331; 31 Neb. 
 707; legally qualified, 24 111. App. 612: or 
 fit to be chosen, 30 .L. J. Ch. 631; 8 H. L. 
 Ca. 495. 
 
 ELIMINATION. Banishment; expulsion. 
 
 ELINGUATION. The punishment oJ cut- 
 ting out the tongue. 
 
 ELISORS. In practice. Two persons ap- 
 pointed by the court to return a jury, when 
 the sheriff and the coroner have been chal- 
 lenged as incompetent. In this case, the 
 elisors return the writ of venire directed to 
 them, with a panel of the jurors, names, and 
 their return is final, no challenge being al- 
 lowed to their array. 3 Bl. Comm. 355: 1 
 Cow. (N. Y.) 32; 3 Cow. (N. Y.) 296. 
 
 ELOGIUM (Lat.) In clvU law. A will or 
 testament. 
 
 ELOIGN, or ELOIGNE. To remove to a 
 distance. See "Elongata." 
 
 E LONG ATA. In practice. The return 
 made by the sheriff to a writ of replevin, 
 when the goods have been removed to places 
 unknown to him. See, for the form of this 
 return, Watson, Sheriffs, Append, c. 18, 
 § 3, p. 454; 3 Bl. Comm. 148. 
 
 On this return, the plaintiff is entitled to 
 a capias in withernam. See "Withernam"; 
 Watson, Sheriffs, 300, 301. The word eloigne 
 is sometimes used as synonymous with elorir 
 gata. 
 
 ELONGATUS. A return to a writ de 
 homine replegiando, that the man was out 
 of the sheriff's jurisdiction. 
 
 ELONGAVIT. In England, where, in a 
 proceeding by foreign attachment, the plain- 
 tiff has obtained judgment of appraisement, 
 but by reason of some act of the garnishee 
 the goods cannot be appraised (as where he 
 has removed them from the city, or has sold 
 them, etc.), the serjeant-at-mace returns 
 that the garnishee has eloigned them, i. e., 
 removed them out of the jurisdiction, and on 
 this return (called an "elongavit") judg- 
 ment is given for the plaintiff that an in- 
 quiry be made of the goods eloigned. This 
 inquiry is set down for trial, and the assess- 
 ment is made by a jury after the manner of 
 ordinary issues. Brant. For. Att. 124. The 
 proceedings on the inquiry are also some- 
 times called the "elongavit." 
 
 ELOPEMENT. The departure of a mar- 
 ried woman from her husband, and dwell- 
 ing with an adulterer. Cowell; Blount; 
 Tomlin. 
 
 ELUVIONES. Spring tides. 
 
 EMANCIPATION, An act by which a per- 
 son who was once in the power of another 
 is rendered free. 
 
EMBARGO 
 
 348 
 
 EMENDATIO 
 
 This is of importance mainly in relation 
 to the emancipation of minors from the 
 parental control. See 3 Term R. 355; 6 
 Term R. 247; 8 Term R. 479; 3 East, 276; 
 10 East, 88; H Vt. 258, 477. See Cooper, 
 Just. Inst 441, 480; 2 Ball. (Pa.) 57, 58; 
 Civ. Code La. bk. 1, tit. 8, c. 3; Ferriere, 
 Diet, de Jur.; 15 Mass. 272; 8 Cow. (N. Y.) 
 184. 
 
 EMBARGO. A proclamation, or order of 
 state, usually issued in time of war or 
 threatened hostilities, prohibiting the depar- 
 ture of ships or goods from some or all the 
 ports of such state, until further order. 2 
 Wheat. (U. S.) 148. It is in its nature and 
 policy a temporary measure. 5 Johns. (N. 
 Y.) 308. It is sometimes on the citizens of 
 the power ordering it; sometimes on a for- 
 eign power as a means of coercing a settle- 
 ment of difficulties that have not yet cul- 
 minated in war, or of preparation for im- 
 pending war. The former is called "civil," 
 the latter "hostile," embargo. 
 
 EMBASSAGE, or EMBASSY. The mes- 
 sage or commission given by a sovereign or 
 state to a minister, called an "ambassador," 
 empowered to treat or communicate with an- 
 other sovereign or state; also the establish- 
 ment of an ambassador. 
 
 EMBEZZLEMENT. The wrongful and 
 fraudulent appropriation of property to his 
 own use by one to whom it has been en- 
 trusted by or for the owner. 
 
 A breach of trust is the essence of the 
 offense. To constitute embezzlement, the 
 person appropriating the property must hold 
 a_ relation of trust towards the owner, by 
 virtue of which he had possession of such 
 property. 31 Cal. 108; 68 Iowa, 593; 110 
 Mo. 209. 
 
 The appropriation must be with fraudu- 
 lent intent, and by this embezzlement is 
 distinguished from mere tortious conver- 
 sion. 82 111. 425; 78 Ga. 340; 62 Mich. 276; 
 50 N. J. Law, 475. 
 
 The offense is a purely statutory one, and 
 by many of the statutes is denominated 
 "larceny," but it is commonly known as 
 "embezzlement," and is distinct from larceny 
 at common law, one of the essentials of 
 which was a wrongful taking from the pos- 
 session of the owner. 
 
 EMBLEMENTS. Crops. 65 Cal. 458. The 
 growing crops of those vegetable produc- 
 tions of the soil which are not spontane- 
 ous, but require an outlay of cost and labor 
 in one part of the year, the recompense for 
 which is to arise in the shape of a crop in 
 another part of the same year. The pro- 
 duce of grass, trees, and the like is not 
 included. 76 Ind. 531. 
 
 EMBLERS DE GENTZ (Law Fr.) A steal- 
 ing from the people. The phrase occurs in 
 the old rolls of parliament: "Whereas di- 
 vers murderers, emblers de gentz, and rob- 
 beries are committed," etc. Rot. Pari, 21 
 Edw. III. note 62. 
 
 EMBRACEOR. In criminal law. He who, 
 when a matter is on trial between party and 
 party, comes to the bar with one of the par- 
 ties, and, having received some reward so to 
 do, speaks in the case, or privily labors the 
 jury, or stands there to survey or overlook 
 them, thereby to put them in fear and doubt 
 of the matter. But persons learned in the 
 law may speak in a case for their clients. 
 Co. Litt. 369; Termes de la Ley. 
 
 EMBRACERY. In criminal law. An at- 
 tempt to corrupt or influence a jury, or any 
 way incline them to be more favorable to 
 one side than to the other, by money, prom- 
 ises, threats, or persuasions, whether the 
 juror on whom such attempt is made give 
 any verdict or not, or whether the verdict 
 be true or false. Hawk. P. C. 259; Bac. 
 Abr. "Juries" (M 3) ; Co. Litt. 157b, 369a; 
 Hob. 294; Dyer, 84a, pi. 19; Noy, 102; 1 
 Strange, 643; 11 Mod. Ill, 118; Comyn, 
 Dig. 601; 5 Cow. (N. Y.) 603. 
 
 EMBRING (or EMBER) DAYS. In eccle- 
 siastical law. Those days which the ancient 
 fathers called "quatuor tempora jejunU" are 
 of great antiquity in the church. They are 
 observed on Wednesday, Friday, and Satur- 
 day next after Quadragesima Sunday, or 
 the first Sunday in Lent, after Whitsun- 
 tide, Holyrood Day, in September, and St. 
 Lucy's Day, about the middle of December. 
 Britt. c. 53. Our almanacs call the weeks 
 in which they fall the "Ember Weeks," 
 and they are now chiefly noticed on account 
 of the ordination of priests and deacons; 
 because the canon appoints the Sundays 
 next after the Ember weeks for the solemn 
 times of ordination, though the bishops, if 
 they please, may ordain on any Sunday or 
 holiday. Enc. Lond. 
 
 EM EN DA (Lat.) Amends; that which Is 
 given in reparation or satisfaction for a 
 trespass committed, or, among the Saxons, 
 a compensation for a crime. Spelman. 
 
 EMENDALS. In English law. This an- 
 cient word is said to be used in the accounts 
 of the inner temple, where so much in emen- 
 dals at the foot of an account signifies so 
 much in bank, in stock, for the supply of 
 emergencies. Cunningham. 
 
 EMENDARE (Law Lat.) In Saxon law. 
 To make amends or satisfaction for any 
 crime or trespass committed; emendam sol- 
 vere, to pay a fine; to be fined. Spelman. 
 Emendare se, to redeem, or ransom one's 
 life, by payment of a weregild. 
 
 To repair. Reg. Orig. 44b. 
 
 EMENDATIO (Lat.) 
 
 In Old English Law. Amendment, or 
 
 correction; the power of amending and cor- 
 recting abuses, according to certain rules 
 and measures. Cowell. 
 
 —In Saxon Law. A pecuniary satisfac- 
 tion for an injury; the same as eme-nda 
 {q. v.) Spelman. 
 
EMENDATIO PANIS 
 
 S49 
 
 EMPLAZAMIENTO 
 
 EMENDATIO PANIS ET CEREVISIAE. 
 
 The power of supervising and correcting the 
 weights and measurers of bread and ale. 
 Cowell. 
 
 EMERGENCY. Any event or occasional 
 combination of circumstances which calls 
 for immediate action or remedy; pressing 
 necessity; exigency. 21 111. App. 274. 
 
 EMERGERE (Lat.) To arise; to come to 
 light. 
 
 EMIGRANT. One who quits his country 
 for any lawful reason, with a design to set- 
 tle elsewhere, and who takes his family and 
 property, if he has any, with him. Vattel, 
 bk. 1, c. 19, § 224. See "Emigration." 
 
 EMIGRATION. The act of removing from 
 one place to another. 
 
 It is sometimes used in the same sense as 
 "expatriation," but there is some difference 
 in the signification. Expatriation is the act 
 of abandoning one's country; while emigra- 
 tion is, perhaps not strictly, applied to the 
 act of removing from one part of the coun- 
 try to another. See 2 Kent, Comm. 36. 
 
 EMINENT DOMAIN. The power to take 
 private property for public use, whether ex- 
 ercised by the sovereign directly, or by one 
 to whom the sovereign power has been dele- 
 gated for qiMsi public purposes. 
 
 The superior right of property subsisting 
 in a sovereignty, by which private property 
 may in certain cases be taken or its use 
 controlled for the public benefit, without 
 regard to the wishes of the owner. 
 
 The highest and most exact idea of prop- 
 erty remaining in the government, or in the 
 aggregate body of the people in their sover- 
 eign capacity, giving a right to resume the 
 possession of the property in the manner 
 directed by the constitution and the laws of 
 the state whenever the public good requires 
 it. 3 Paige, Ch. (N. Y.) 73. 
 
 The term was originated by Grotius (De 
 Jure Belli, lib. 3, c. 20, VII). 
 
 EMISSION. In medical jurisprudence. The 
 act by which any matter whatever is thrown 
 from the body thus, it is usual to say, 
 emission of urine, emission of semen, etc. 
 
 EMIT. To put out; to send forth. 
 
 The tenth section of the first article of 
 the constitution contains various prohibi- 
 tions, among which is the following: "No 
 state shall emit bills of credit." To emit 
 bills of credit is to issue paper intended to 
 circulate through the community for its or- 
 dinary purposes, as money, which paper is 
 redeemable at a future day. 4 Pet. (U. S.) 
 410, 432; 11 Pet. (U. S.) 257; Story, Const. 
 I 1358. 
 
 EMMENAGOGUES. In medical jurispru- 
 dence. The name of a class of medicines 
 which are believed to have the power of 
 favoring the discharge of the menses. They 
 are sometimes used for the criminal pur- 
 
 pose of producing abortion (q. v.) 1 Beck, 
 Med. Jur. 316; Dungl. Med. Diet.; Parr, 
 Med. Diet.; 3 Paris & F, Med. Jur. 88. 
 
 EMOLUMENT. Any pecuniary advantage, 
 profit, or gain arising from the possession 
 of an office. It imports more than "salary" 
 or "fees," and includes any perquisite, ad- 
 vantage, profit, or gain arising from the 
 possession of an office. 105 Pa. St. 303. 
 
 EMOTIONAL INSANITY. The species of 
 mental aberration produced by a violent ex- 
 citement of the emotions or passions, though 
 the reasoning faculties may remain unim- 
 paired. 
 
 EMPALEMENT. In ancient law. A mode 
 of inflicting punishment by thrusting a 
 sharp pole up the fundament. Enc. Lond. 
 
 EM PAN N EL. See "Impannel." 
 
 EMPARLANCE. See "Imparlance." 
 
 EMPARNOURS (Law Pr.) Undertakers 
 of suits. Kelham. 
 
 EMPEROR. This word Is synonymous 
 with the Latin imperator. They are both 
 derived from the verb imperare. Literally, 
 it signifies "he who commands." 
 
 Under the Roman republic, the title "em- 
 peror" was the generic name given to the 
 commanders-in-chief in the armies. But 
 even then the application of the word was 
 restrained to the successful commander, who 
 was declared emperor by the acclamations 
 of the army, and was afterwards honored 
 with the title by a decree of the senate. 
 
 It is now used to designate some sov- 
 ereign prince who bears this title. Ayliflfe, 
 Pand. tit. 23. ' 
 
 EMPHYTEOSIS (or EMPHYTEUSIS). In 
 civil law. The name of a contract by which 
 the owner of an uncultivated piece of land 
 •granted it to another, either in perpetuity, 
 or for a long time, on condition that he 
 should improve it by building, planting or 
 cultivating it, and should pay for it an an- 
 nual rent, with a right to the grantee to 
 alienate it, or transmit it by descent to his 
 heirs, and under a condition that the 
 grantor should never re-enter as long as 
 the rent should be paid to him by the 
 grantee or his assigns. Inst. 3. 25. 3- 18 
 Toullier, Dr. Civ. note 144. ' 
 
 EMPHYTEUTA. The grantee under a 
 contract of emphyteusis or emphyteosis. 
 Vicat; Calv..Lex.; 1 Hallam, Mid. Ages, c. 
 2, p. 1, 
 
 EMPHYTEUTICUS. In the civil law 
 Founded on, growing out of, or having the 
 character of, an emphyteusis; held under an 
 emphyteusis. 3 Bl. Comm. 232; Calv. Lex. 
 
 EMPLAZAMIENTO. In Spanish law The 
 citation given to a person by order of the 
 judge, and ordering him to appear before 
 ni3 tribunal on a given day and hour 
 
EMPLEAD 
 
 350 
 
 ENCEINTE 
 
 EMPLEAD. See "Implead." 
 
 EMPLOYE. One who is employed. The 
 term is general, but is rarely applied either 
 to common laborers or to the higher officers 
 of a corporation. 66 Wis. 481; 109 N. Y. 
 631. 
 
 EMPLOYERS' LIABILITY INSURANCE. 
 There is a contract of indemnity called "em- 
 ployers' liability," etc., which has become 
 familiar since the passing of employers' 
 liability acts in England and America. It 
 insures an employer against claim for com- 
 pensation for damage on the part of an 
 employee for injuries suffered (Encycl. 
 Laws Eng.) These contracts are regulat- 
 ed by the same rules as fire and marine in- 
 surance. 
 
 EMPLOYMENT. A business or vocation. 
 16 Ala. 411; calling; office; service; 
 commission trade; profession. 46 111. App. 
 373. The service of another. 72 Me. 455; 
 the act of employing, in another sense, the 
 state of being employed. 155 III. 103. 
 
 EMPRESTIDO. In Spanish law. A loan; 
 something lent to the borrower at his re- 
 quest. Las Partidas, pt. 3, tit. 18, lib. 70. 
 
 EMPTIO, or EMPTOR (Lat. emere, to 
 buy). Emptio, a buying; emptor, a buyer; 
 emptio et venditio, buying and selling. 
 
 In Roman Law. The name of a con- 
 tract of sale. Du Cange; Vicat. 
 
 EMPTIO BONORUM. In the Roman law. 
 The assignment of the estate and effects of 
 an insolvent debtor, whether during his life 
 or after his death, to a trustee for his cred- 
 itors. Justinian deprived it of all its cum- 
 brous formalities, but retained its effect, 
 which is simply or very nearly that of an 
 assignment upon bankruptcy in English 
 law. 
 
 EMPTIO ET VENDITIO (Lat. buying and 
 selling). In Roman law. The contract of 
 sale. Sometimes it was compounded, — 
 emptio-venditio, 
 
 EMPTOR (Lat.) Buyer. 
 
 EMPTOR EMIT QUAM MINIMO Po- 
 test, venditor vendit quam maximo potest. 
 The buyer buys for as little as possible; 
 the vendor sells for as much as possible. 
 2 Johns. Ch. (N. Y.) 252, 256, 486. 
 
 EN AUTRE DROIT (Fr.) In the right of 
 another. 
 
 EN AVANT. (L. Fr.) In future; for the 
 time to come; henceforward. Kelham. 
 
 EN BANKE (Law Fr.) In the bench. 1 
 And. 51. 
 
 EN DEMEURE (Fr.) In default Used in 
 Louisiana. 3 Mart. (La.; N. S.) 674. 
 
 EN ESCHANGE IL COVIENT QUE LES 
 estates solent egales. In an exchange it Is 
 
 necessary that the estates be equal. Co. Litt 
 50; 2 Hilliard, Real Prop. 298. 
 
 EN GROS (Fr.) In gross; 
 Britt. c. 21. 
 
 by wholesale. 
 
 EN JUICIO (Spanish). Judicially; In a 
 court of law; in a suit at law. White, New 
 Recop. bk. 2, tit. 8, c. 1. 
 
 EN MORT MEYNE (Law Fr.)'ln a dead 
 hand; in mortmain. Britt. c. 43. 
 
 EN OWEL MAIN (Law Fr.) In equal 
 hand. The word "owel" occurs also in the 
 phrase "owelty of partition." See 1 Washb. 
 Real Prop. 427. 
 
 EN VENTRE SA MERE (Fr.) In its 
 mother's womb. For certain purposes, as of 
 inheritance, etc., a child en ventre sa mere 
 is to be considered as in being, in so far as 
 its property rights are concerned, but not 
 to the extent of permitting it to recover 
 after its birth for prenatal injuries negli- 
 gently inflicted. 
 
 In life; alive. Britt. 
 
 EN VIE (Law Fr.) 
 c. 50. 
 
 ENABLING POWERS. A term used in 
 equity. When the donor of a power, who is 
 the owner of the estate, confers upon per- 
 sons not seised of the fee the right of cre- 
 ating interests to take effect out of it, 
 which could not be done by the donee of 
 the power unless by such authority, this is 
 called an "enabling power." 2 Bouv. Inst, 
 note 1628; 2 Bl. Comm. 319; Co. Litt. 44a; 
 3 Steph. Comm. 139. 
 
 ENABLING STATUTE. The act of 32 
 Henry VIII. c. 28, by which tenants in tail, 
 husbands seised in right of their wives, were 
 empowered to make leases for their lives or 
 for twenty-one years, which they could not 
 do before. 2 Bl. Comm. 319. 
 
 Applied generally to special acts confer- 
 ring powers not previously possessed. 
 
 ENACT. To establish by law; to perform 
 or effect; to decree. The usual formula in 
 making laws is, "Be it enacted." 
 
 ENACTING CLAUSE. The section of a 
 bill or statute which establishes the whole 
 document as a law. 193 111. 193. 
 
 ENAJENACION. In Spanish law. The 
 act by which one person transfers to an- 
 other a property, either gratuitously, as 
 in the case of a donation, or by an owner's 
 title, as in the case of a sale or an ex- 
 change. 
 
 ENBREVER (Law Fr.) To write down in 
 short; to abbreviate, or, in old language, 
 imbreviate; to put into a schedule. Britt. 
 c. 1. 
 
 ENCAUSTUM. See "Incaustum." 
 ENCEINTE (Fr.) Pregnant (q. v.) 
 
ENCHESON, ENCHESSON 
 
 351 
 
 ENGLESHIRE 
 
 ENCHESON, ENCHESSON, ENCHASON, 
 enchlson, or acheson (Law Fr.) Cause; rea- 
 son; occasion. Par quel encheson il se neya, 
 for what reason he drowned himself. Britt. 
 c. 1. Par encheson de matrimoyne, in con- 
 sideration of marriage. Id. c. 34. Sans 
 reasonable encheson, without reasonable 
 cause. St. Westminster I. c, 6. 
 
 ENCLOSURE. Imports land enclosed 
 with something more than the imaginary 
 boundary line, that there should be some 
 visible or tangible obstruction, such as a 
 fence, hedge, or ditch, or something equiva- 
 lent, for the protection of the premises 
 against encroachment by animals. 39 Ver- 
 mont 331. See "Close." 
 
 ENCOMIENDA. A charge or mandate con- 
 ferring certain important privileges on the 
 four military orders of Spain, to wit, those 
 of Santiago, Calatrava, Alcantara, and Mon- 
 tesa. In the legislation of the Indias, it 
 signified the concession of a certain number 
 of Indians for the purpose of instructing 
 them in the Christian religion, and defend- 
 ing their persons and property. 
 
 ENCROACHMENT. An unlawful exten- 
 sion of one's right upon the lands of an- 
 other. 
 
 An alteration by the owner of an ease- 
 ment of the dominant tenement, so as to 
 impose an additional burden on the servient 
 tenement. Gale, Easm. 615. 
 
 ENDENZIE, or ENDENIZEN. To make 
 free; to enfranchise. 
 
 ENDORSE. See "Indorse." 
 
 ENDOW. Means giving a benefit to some 
 existing thing; it supposes something to 
 exist either at the time when the gift is 
 made, or when the endowment is to take 
 place; it has no reference at all to build- 
 ing or purchasing, 6 De G. M. & G. 83. 
 
 ENDOWMENT (Law Fr. and Eng.) The 
 assignment or bestowment of dower to or 
 upon a woman. 2 Bl. Comm. 135. 
 
 The providing for the officiating ministers 
 of a church, by setting apart a certain por- 
 tion of lands, etc., for their maintenance, 
 etc. 2 BI. Comm. 21; 1 Bl. Comm. 387; 3 
 Steph. Comm. 111. IC has no reference to 
 building or providing a site. 35 Eng. Law 
 & Eq. 433. 
 
 The provision itself, so made (dos eccle- 
 siae). Comyn, Dig. "Dismes" (B). 
 
 ENDOWMENT POLICY. In insurance; a 
 policy of life insurance payable to the in- 
 sured during his lifetime, if he arrive at a 
 certain age. 
 
 In one aspect, it is a contract payable in 
 the event of a continuance of life; in the 
 other, in the event of death before the period 
 specified. 86 N. Y. 17. 
 
 ENEMY. A nation which is at war with 
 another; a citizen or a subject of such a na- 
 tion; any of the subjects or citizens of a 
 
 state in amity with the United States, who 
 have commenced, or have made preparations 
 for commencing, hostilities against the Unit- 
 ed States, and also the citizens or subjects 
 of a state in amity with the United States, 
 who are in the service of a state at war 
 with them. See Salk. 635; Bac. Abr, "Trea- 
 son" (G). 
 
 "An enemy is he with whom a nation is 
 at war." Vattel, 387; 43 Pa. St. 493; 74 
 Mo. 418. "It does not embrace rebels in 
 insurrection against their own government. 
 An enemy is always the subject of a for- 
 eign power, who owes no allegiance to our 
 government." 4 Sawy. (U. S.) 457. 
 
 A public enemy, where the whole body of 
 the nation is at war with one another. 43 
 Pa. St. 493. 
 
 By the term "enemy" is also understood a 
 person who is desirous of doing injury to 
 another. The Latins had two terms to sig- 
 nify these two classes of persons: The 
 first, or the public enemy, they called hostis, 
 and the latter, or the private enemy, inimi- 
 cus. 
 
 ENFEOFF. To make a gift of any cor- 
 poreal hereditaments to another. See 
 "Feoffment." 
 
 ENFRANCHISE. To make free; to Incor- 
 porate a man in a society or body politic. 
 Cunningham, 
 
 ENFRANCHISEMENT. Giving freedom 
 to a person; admitting a person to the free- 
 dom of a city. A denizen of England, or a 
 citizen of London, is said to be enfranchised. 
 So, too, a villein is enfranchised when he 
 obtains his freedom from his lord. Termes 
 de la Ley; 11 Coke, 91; Jacob. 
 
 ENFRANCHISEMENT OF COPYHOLD. 
 
 The change of the tenure by which lands 
 are held from copyhold to freehold, as by a 
 conveyance to the copyholder, or by a re- 
 lease of the seignorial rights. 1 Watk. 
 Copyholds, 362; 1 Steph. Comm. 208; 2 
 Steph. Comm. 51. 
 
 ENGAGEMENT. In French law. A con- 
 tract; the obligations arising from a quasi 
 contract. 
 
 The terms "obligation" and "engagement" 
 are said to be synonymous (17 Toullier, 
 Dr. Civ. note 1) , but the Code seems special- 
 ly to apply the term "engagement" to those 
 obligations which the law imposes on a man 
 without the intervention of any contract, 
 either on the part of the obligor or the 
 obligee. Article 1370. 
 
 ENGLAND. In an Act of Parliament, In- 
 cludes Wales and Berwick-upon-Tweed (20 
 G. 2, c. 42, s. 3) ; but not Scotland or Ire- 
 land. 63 L. J. Ch, 1067. 
 
 ENGLESHIRE, or ANGLESCHERIA. A 
 law was made by Canute, for the preserva- 
 tion of his Danes, that, when a man was 
 killed, the hundred or town should be liable 
 to^ be amerced, unless it could be proved 
 
ENGLETERRE 
 
 352 
 
 ENROLL 
 
 that the person killed was an Englishman. 
 This proof was called engleshire. It con- 
 sisted, generally, of the testimony of two 
 males on the part of the father of him who 
 had been killed, and two females on the 
 part of his mother. 1 Hale, P. C, 447; 4 
 Bl. Comm. 195. Spelman. 
 
 ENGLETERRE. England. 
 
 ENGLISH INFORMATION. In English 
 law. A proceeding in the court of exchequer 
 in matters of revenue. See 28 & 29 Vict, 
 c. 104. 
 
 ENGLISH LANGUAGE. Combinations of 
 letters do not of themselves constitute "lan- 
 guage." They must be formed into words 
 having a known meaning as part of the 
 language and these words must be used in 
 connection with other words in such rela- 
 tion that they convey intelligible meaning. 
 253 111. 199. 
 
 ENGROSS (Fv.gros). To copy the rude 
 draught of an instrument in a fair, large 
 hand; to write out, in a large, fair hand, 
 on parchment. The term is applied to stat- 
 utes, which, after being read and acted on 
 a sufficient number of times, are ordered to 
 be engrossed. Anciently, also, used of the 
 process of making the indenture of a fine. 
 5 Coke, 39b. 
 
 In Criminal Law. To buy up such 
 
 large quantities of an article as to obtain 
 a monopoly of it for the purpose of selling 
 at an unreasonable price. The tendency 
 of modern English law is very decidedly to 
 restrict the application of the law against 
 engrossing, and it is very doubtful if it ap- 
 plies at all except to obtaining a monopoly 
 of provisions. 1 East, 143. Merely buying 
 for the purpose of selling again is not 
 necessarily engrossing. 14 East, 406; 15 
 East, 511. See 4 Sharswood, Bl. Comm. 159, 
 note, for the law upon this subject. 
 
 ENGROSSER. One who engrosses or 
 writes on parchment in a large, fair hand; 
 one who purchases large quantities of any 
 commodity in order to have the command 
 of the market, and to sell them again at 
 high prices. 
 
 ENGROSSING. The offense committed by 
 an engrosser; writing on parchment in a 
 large, fair hand. See "Engross." 
 
 EN IT! A PARS (Law Lat.) The part of the 
 eldest. Co. iitt. 166; Bac. Abr. "Copar- 
 ceners" (C). 
 
 When partition is voluntarily made among 
 coparceners in England, the eldest has the 
 first choice, or primer election (q. v.), and 
 the part which she takes is called enitia 
 pars. This right is purely personal, and 
 descends. It is also said that even her as- 
 signee shall enjoy it; but this has been 
 doubted. The word enitia is said to be de- 
 rived from the old French eiswe, the eldest. 
 Bac. Abr. "Coparceners" (C) ; Keilw. la, 
 49a; 2 And. 21; Cro. Eliz. 18. 
 
 ENJOIN. To command; to require; as, 
 private individuals are not only permitted, 
 but enjoined, by law, to arrest an offender 
 when present at the time a felony is com- 
 mitted, or a dangerous wound given, on pain 
 of fine and imprisonment if the wrongdoer 
 escape through their negligence. 1 Hale, 
 P. C. 587; 1 East, P. C. 298, 304; Hawk. 
 P. Ci bk. 2, c. 12, § 13; Ryan & M. 93. 
 
 To command or order a defendant in equi- 
 ty to do or not to do a particular thing by 
 writ of injunction. See "Injunction." 
 
 ENLARGE. To extend; as, to enlarge a 
 rule to plead is to extend the time during 
 which a defendant may plead. To enlarge 
 means, also, to set at liberty; as, the pris- 
 oner was enlarged on giving bail. 
 
 ENLARGER L'ESTATE. A species of re- 
 lease which inures by way of enlarging an 
 estate, and consists of a conveyance of the 
 ulterior interest to the particular tenant; as 
 if there be tenant for life or years, remain- 
 der to another in fee, and he in the 'remain- 
 der releases all his right to the particular 
 tenant and his heirs, this gives him the es- 
 tate in fee. 1 Steph. Comm. 518. 
 
 ENLARGING. Extending, or making more 
 comprehensive; as, an enlarging statute, 
 which is one extending the common law. - 
 
 ENLARGING STATUTE. See "Statute." 
 
 ENLISTMENT. The act of making a cod- 
 tract to serve the government in a subordi- 
 nate capacity, either in the army ol" navy. 
 It may signify either the complete fact of 
 entering into the military service, or the 
 first step taken by the recruit towards that 
 end. 8 Allen (Mass.) 485. The contract 
 so made is also called an "enlistment." See, 
 as to the power of infants to enlist, 4 Bin. 
 (Pa.) 487; 5 Bin. (Pa.) 423; 6 Bin. (Pa.) 
 255; 1 Serg. & R. (Pa.) 87; 11 Serg. & 
 R. (Pa.) 93. 
 
 ENORMIA (Lat.) Wrongs. It occurs In 
 the old Latin forms^ of pleading, where, 
 after a specific allegation of the wrongs done 
 by the defendant, the plaintiff alleges gen- 
 erally that the defendant did alia enormia 
 (other wrongs), to the damage, etc. 2 
 Greenl. Ev. § 278; 1 Chit. PI. 397. See 
 "Alia Enormia." 
 
 ENPLEET. An old form of "implead." 
 
 ENQUETE. In canon law. An examina- 
 tion of witnesses in the presence of a judge 
 authorized to sit for this purpose, taken in 
 writing, to be used as evidence in the trial 
 of a cause. The day of hearing must be 
 specified in a notice to the opposite party. 9 
 Low. (U. S.) 392. It may be opened in 
 some cases, before the trial. 10 Low. (U. 
 S.) 19. 
 
 ENROLL. To register; to enter on the 
 rolls of chancery, or other courts; to make 
 a record. 
 
ENROLLMENT 
 
 353 
 
 ENTRY AD TERMINUM 
 
 ENROLLMENT. In English law. The reg- 
 istering or entering on the rolls of chan- 
 cery, king's bench, common pleas, or exche- 
 quer, or by the clerk of the peace in the 
 records of the quarter sessions, of any law- 
 ful act, as, a recognizance, a deed of bar- 
 gain and sale, and the like. Jacob. 
 
 ENS LEGIS (Law Lat.) A legal entity; 
 an artificial person created by law as a cor- 
 poration. 
 
 ENSCHEDULE. To insert in a list, ac- 
 count, or writing. 
 
 ENSEAL. To seal. 
 
 ENSERVER (Law Fr.) To make subject 
 to a service or servitude. Britt. c. 54. 
 
 ENTAIL. A fee abridged or limited to 
 the issue, or certain classes of issue, instead 
 of descending to all the heirs. 1 Washb. 
 Real Prop. 66; Cowell; 2 Sharswood, Bl. 
 Comm. 112, note. 
 
 To restrict the inheritance of lands to a 
 particular class of issue. 1 Washb. Real 
 Prop. 66; 2 Sharswood, BL Comm. 113. See 
 "Estates;" "Tail." 
 
 ENTAILED MONEY. That which Is giv- 
 en to be used or invested in acquiring an 
 "estate tail." 3 & 4 Wm. IV. c. 74, §§ 70-72. 
 
 ENTENCION. In old English law. The 
 plaintiff's declaration. 
 
 ENTENDMENT. The old form of Intend- 
 ment iq. v.), derived directly from the 
 French, and used by Cowell to denote the 
 true meaning or sig:nification of a word or 
 sentence; that is, the understanding or con- 
 struction of law. 
 
 ENTER. To go upon lands for the pur- 
 pose of taking possession; to take posses- 
 sion. In a strict use of terms, "entry" and 
 "taking possession" would, seem to be dis- 
 tinct parts of the same act; but, practically, 
 "entry" is now merged in "taking posses- 
 sion." 1 Washb. Real Prop. 10, 32; Stearns, 
 Real Actions, 2. 
 
 To cause to be put down upon the record. 
 An attorney is said to enter his appearance, 
 or the party himself may enter an appear- 
 ance. 74 Ind. 59. 
 
 To enter judgment is to formally enroll 
 it or repose the evidence of it in the record 
 or permanent memorial of the acts of the 
 court. 
 
 ENTERCEUR (Law Fr.) A party chal- 
 lenging (claiming) goods; he who has 
 placed them in the hands of a third person. 
 Kelham. 
 
 ENTERPRISE. An undertaking of haz- 
 ard; an arduous attempt; an undertaking; 
 something projected and attempted; an at- 
 tempt or project; particularly an undertak- 
 ing of some importance or one requiring 
 boldness, energy or perseverance; an ardu- 
 ous or hazardous attempt, as, a warlike 
 enterprise. 271 111. 317. 
 
 ENTIRE CONTRACT. See "Contract." 
 
 ENTIRE TENANCY. A sole possession 
 by one. Wharton. 
 
 ENTIRETY. This word denotes the 
 whole, in contradistinction to moiety, which 
 denotes the half part. A husband and wife, 
 when jointly seised of land, are seised by 
 entireties, and not pur mie, as joint tenants 
 are. Jacob; 2 Kent, Comm. 132; 4 Kent, 
 Comm. 362; 3 Pa. St. 350, 367. 
 
 ENTITLE. In Its usual sense, to entitle 
 is to give a right or title; therefore a person 
 is said to be entitled to property when he 
 has a right to it. L. R. 20 Eq. 534. 
 
 In Ecclesiastical Law. To entitle Is 
 
 to give a title or ordination as a minister. 
 Gibs. Code, 141, note. 
 
 In Practice. To prefix to a document 
 
 the title of the cause to which it relates. 
 
 ENTREBAT (Law Fr.) An Intruder or in- 
 terloper. Britt. c. 114. 
 
 ENTREGA. In Spanish law. Delivery. 
 
 ENTREPOT. A warehouse; a magazine 
 where goods are deposited which are to be 
 again removed. 
 
 ENTRY. The act of setting down the par- 
 ticulars of a sale, or other transaction, in a 
 merchant's or tradesman's account books. 
 Such entries are, in general, prima fade evi- 
 dence of the sale and delivery, and of work 
 done; but unless the entry be the original 
 one, it is not evidence. 
 
 The submitting to the inspection of offi- 
 cers appointed by law, who have the collec- 
 tion of the customs, goods imported into 
 the United States, together with a statement 
 or description of such goods, and the origi- 
 nal invoices of the same, for the purpose 
 of estimating the duties to be paid thereon. 
 
 Act March 2, 1799, § 36 (1 Story, U. S. 
 Laws, 606), and Act March 1, 1828 (3 Story, 
 U. S. Laws, 1881) , regulate the manner of 
 making entries of goods. 
 
 In Criminal Law. The act of enter- 
 ing a dwelling house, or other building, in 
 order to commit a crime. See "Burglary." 
 
 — : — Of a Judgment. A ministerial act 
 which consists in spreading it upon the 
 record or writing it at large, in English lan- 
 guage {q. v.), 153 in. 199, in a docket or 
 other official book. 191 111. App. 639; 195 
 111. App. 182. 
 
 -AJpon Real Estate. The act of going 
 
 upon the lands of another, or lands claimed 
 as one's own, with intent to take possession. 
 1 Ala. 674. 
 
 ENTRY AD COMMUNEM LEGEM. In 
 English law. A writ which lay in favor of 
 the reversioner, when the tenant for term of 
 life, tenant for term of 'another's life, ten- 
 ant by the curtesy, or tenant in dower, had 
 aliened and died. Tomlins. 
 
 ENTRY AD TERMINUM QUI PRAE- 
 terllt. The writ of entry ad terminum qui 
 
ENTRY FOR MARRIAGE 
 
 354 
 
 ENVOY 
 
 praeteriit lies where a man leases land to 
 another for a term of years, and the tenant 
 holds over his term. And if lands be leased 
 to a man for the term of another's life, and 
 he for whose life the lands are leased dies, 
 and the lessee holds over, then the lessor 
 shall have this writ. Termes de la Ley. 
 
 ENTRY FOR MARRIAGE IN SPEECH. A 
 
 writ of entry causa matrimonii praeloquuti 
 lies where lands or tenements are given to 
 a man upon condition that he shall take 
 the, donor to be his wife within a certain 
 time, and he does not espouse her within 
 the said term, or espouses another woman, 
 or makes himself priest. Termes de la Ley. 
 
 ENTRY IN CASU CONSIMILI. A writ of 
 entry in casu consimili lies where a tenant 
 for life or by the curtesy aliens in fee. 
 Termes de la Ley. 
 
 ENTRY IN THE CASE PROVIDED. A 
 
 writ of entry in casu proviso lies if a tenant 
 in dower alien in fee, or for life, or for an- 
 other's life. Termes de la Ley. 
 
 ENTRY ON THE ROLL. In former times, 
 the parties to an action, personally or by 
 their counsel, used to appear in open court, 
 and make their mutual statements viva voce, 
 instead of, as at the present day, delivering 
 their mutual pleadings, until they arrived at 
 the issue or precise point in dispute between 
 them\ During the progress of this oral 
 statement, a minute of the various proceed- 
 ings was made on parchment by an officer of 
 the court appointed for that purpose. The 
 parchment then became the record; in other 
 words, the official history of the suit. Long 
 after the practice of oral pleading had 
 fallen into disuse, it continued necessary to 
 enter the proceedings in like manner upon 
 the parchment roll, and this was called 
 "entry on the roll," or making up the "issue 
 roll." But by a rule of H. T. 4 Wm. IV., the 
 practice of making up the issue roll was 
 abolished, and it was only necessary to make 
 up the issue in the form prescribed for the 
 purpose by a rule of H. T. 1853, and to de- 
 liver the same to the court and to -the op- 
 posite party. The issue which was delivered 
 to the court was called the "nisi prius rec- 
 ord;" and that was regarded as the official 
 history of the suit, in like manner as the 
 issue roll formerly was. Under the present 
 practice, the issue roll or nisi prius record 
 consists of the papers delivered to the court, 
 to facilitate the trial of the action, these 
 papers consisting of the pleadings simply, 
 with the notice of trial. Brovm. 
 
 ENTRY WITHOUT ASSENT OF THE 
 chapter. A writ of entry sine assensu capi- 
 tuli lies where an abbot, prior, or such as 
 has covent or common seal, aliens lands of 
 the church without the assent of the chap- 
 ter, and then dies. Termes de la Ley. 
 
 ENTRY, WRIT OF. In old practice. A 
 real action brought to recover the posses- 
 
 sion of lands from one who wrongfully 
 withholds possession thereof. 
 
 In general, the writ of entry is the uni- 
 versal remedjr to recover possession when 
 wrongfully withheld from the owner. 3 
 Bl. Comm. 183. 
 
 Such writs were said to be in the quibus, 
 where the suit was brought against the 
 party who committed the wrong; in the 
 per, where the tenant against whom the • 
 action was brought was either heir or 
 grantee of the original wrongdoer* in the 
 per and cui, where _ there had been two 
 descents, two alienations, or a descent and 
 an alienation ; in the post, where the wrong 
 was removed beyond the degrees mentioned. 
 
 The above designations are derived from 
 significant Latin words in the respective 
 forms adapted to the cases given. 
 
 The writ was of many varieties, also, 
 according to the character of the title of 
 the claimant and the circumstances of the 
 deprivation of possession. Booth enumerates 
 and discusses twelve of these, of which some 
 are sur disseisin, sur intrusion, ad commu- 
 nem legem, ad terminum qui preterit, cui ' 
 in vita, cui ante divortium, etc. Either of 
 these might, of course, be brought in any 
 of the four degrees, as the circumstances 
 of the ease required. The use of writs of 
 entry has been long since abolished in Eng- 
 land; but they are still in use in a modified 
 form in some of the United States, as the 
 common means of recovering possession of 
 realty against a wrongful occupant. 2 Pick. 
 (Mass.) 473; 7 Pick. (Mass.) 36; 10 Pick. 
 (Mass.) 359; 5 N. H. 450; 6 N. H. 555. 
 See Stearns, Real Action; Booth, Real Ac- 
 tions; Reg. Brev. 229; Rast. Entr. 279b; Co. 
 Litt. 238b. 
 
 Though the action was formerly a posses- 
 sory one, it seems that title may be now 
 tried therein. 141 Mass. 93. 
 
 ENUMERATIO INFIRMAT REGULAM 
 In caslbus non enumeratls. Enumeration dis- 
 affirms the rule in cases not enumerated. 
 Bac. Aph. 17. 
 
 ENUMERATIO UNIUS EST EXCLUSIO 
 alterius. Specification of one thing is an ex- 
 clusion of the rest. 4 Johns. Ch. (N. Y.) 
 106, 113. 
 
 ENURE. To take or have effect; to serve 
 to the use, benefit, or advantage of a person. 
 The word is often written "inure." A re- 
 lease to the tenant for life enures to him in 
 reversion ; that is, it has the same effect for 
 him as for the tenant for life. A discharge 
 of the principal enures to the benefit of the 
 surety. 
 
 ENVOY. In international law. A minis- 
 ter of the second rank, on whom his sover- 
 eign or government has conferred a degree 
 of dignity and respectability which, with- 
 out being on a level with an ambassador, 
 immediately follows, and, among ministers, 
 yields the pre-eminence to him alone. 
 
 Envoys are either ordinary or extraordi- 
 nary. By custom, the latter is held in 
 
EO INSTANTE 
 
 355 
 
 EQUITABLE ASSIGNMENT 
 
 g;:eater consideration. Vattel, liv. 4, c. 
 6, S 72. 
 
 EO INSTANTE (Lat.) At that Instant. 
 
 EO INTUITU (Lat.) With that view or 
 intent. Hale, Anal. § 2. 
 
 EO LOCI (Lat.) In civil law. In. that 
 place (eo looo) ; ■ there. Dig. 5. 1. 19. '2. 
 In that state or condition. Calv. Lex. 
 
 EO NOMINE (Lat.) Under or by that 
 name. 
 
 EODEM LIGAMINE QUO LIGATUM EST 
 dissolvltur. A bond is released by the same 
 formalities with which it is contracted. Co. 
 Litt. 212b; Broom, Leg. Max. 891. 
 
 EODEM MODO QUO ORITUR, EODEM 
 mpdo dissolvltur. It is discharged in the 
 same way in which it arises. Bacon, Abr. 
 "Release;" Cro..Eliz. 697; 2 Wm. Saund. 
 48. note 1; 11 Wend. (N. Y.) 28, 30: 24 
 Wend. (N. Y.) 294, 298. 
 
 EODEM MODO QUO QUID CONSTITUI- 
 tur, eodem modo destrultur. In the same 
 way in which anything is constituted, in 
 that way is it destroyed. 6 Coke, 53. 
 
 EORLE (Saxon.) An earl. Blount; 1 Bl. 
 Comm. 398. 
 
 EOTH (Saxon). Oath. 
 
 EPIMENIA. Expenses or gifts. Blount. 
 
 EPIQUEYA. In Spanish law. The benig- 
 nant and prudent interpretation of the law 
 according to the circumstances of the time, 
 place, and person. This word is derived 
 from the Greek, and is synon3mious with the 
 word "equity." See Murillo, notes 67, 68. 
 
 EPISCOPACY. In ecclesiastical law. A 
 form of government by diocesan bishops; 
 the office or condition of a bishop. 
 
 EPISCOPALIA (Law Lat.) In ecclesiasti- 
 cal law. Synodals, or payments due the 
 bishop. 
 
 EPISCOPUS (Law Lat.) In civil law. A 
 superintendent; an inspector. Those in each 
 municipality who had the charge and over- 
 sight of the bread and other provisions 
 which served the citizens for their daily 
 food, were so called. Vicat; Du Cange. 
 
 A bishop. These bishops, or episcopi, 
 were held to be the successors of the apos- 
 tles, and have various titles at different 
 times in history, and according to their dif- 
 ferent duties. It was applied generally to 
 those who had authority, or were of pecu- 
 liar sanctity. After the fall of the Roman 
 empire, they came to have very consider- 
 able judicial powers. Du Cange; Vicat; 
 Calv. Lex. 
 
 EPISCOPUS ALTERIUS MANDATO 
 quam regis non tenetur obtemperare. A 
 bishop need not obey any mandate save the 
 Wng's. Co. Litt. 134. 
 
 EPISCOPUS PUERORUM. It was an old 
 custom that, upon certain feasts, some lay 
 person should plait his hair, and put on the 
 garments of a bishop, and in them pretend 
 to exercise episcopal jurisdiction, and do 
 several ludicrous actions, for which reason 
 he was called "bishop of the boys;" and 
 this custom obtained in England long after 
 several constitutions were made to abolish 
 it. Blount. Such an officer is mentioned in 
 the statutes of some of the cathedrals of 
 the old foundation in England. Wharton. 
 
 EPISTOLA. A letter or epistle. Calv. 
 Lex. An instrument in writing for the con- 
 veyance of lands, or the assurance of con- 
 tracts. Spelman. 
 
 EPISTOLAE (Lat.) In civil law. Re- 
 scripts; opinions given by the emperors in 
 cases submitted to them for decision. 
 
 Answers of the emperors to petitions. 
 
 The answers of counsellors (juris oon- 
 sulta), as Ulpian and others-, to questions 
 of law proposed to them, were also called 
 epistolae. 
 
 Opinions written out. The term orig^inal- 
 ly signified the same as literae. Vicat. 
 
 EPOCH, or EPOCHA. The time at which 
 a computation is begun; the time whence 
 dates are numbered. Enc. Lond. 
 
 EQUAL PROTECTION OF THE LAW. 
 The guaranty of "equal protection of the 
 laws," used in the fourteenth amendment 
 to the Constitution of the United States, 
 means that no person or class of persons 
 shall be denied the same protection of the 
 laws, which is enjoyed by other persons or 
 other classes in the same place and in like 
 circumstances. 272 111. 153. ' 
 
 EQUALITY. Likeness in possessing the 
 same rights, and being liable to the same 
 duties. See 1 TouUier, Dr. Civ. notes 170, 
 193. 
 
 EQUES. A knight. Used chiefly in her- 
 aldry; miles, being the technical legal term. 
 4 Inst. 5. 
 
 EQUILOCUS. An equal. It is mentioned 
 in Simeon Dunelra, A. D. 882. Jacob. 
 
 EQUITABLE ASSETS. Such assets as 
 are chargeable with the payment of debts 
 or legacies in equity, and which do not fall 
 under the description of "legal assets." 
 
 Those portions of the property which, by 
 the ordinary rules of law, are exempt from 
 debts, but which the testator has volun- 
 tarily charged as assets, or which, being 
 non-existent at law, have been created in 
 equity. Adams, Eq. 254 et seq. 
 
 EQUITABLE ASSIGNMENT. An assign- 
 ment giving to the assignee a right enforce- 
 able only in equity. The term is now com- 
 monly applied to constructive assignments, 
 though such are now generally enforceable 
 at law. In this sense it is "such an appro- 
 priation of the subject-matter as to confer 
 
EQUITABLE CONSTRUCTION 
 
 356 
 
 EQUITY 
 
 a complete and present right on the person 
 intended to be provided for, even where the 
 circumstances do not admit of its present 
 exercise." 14 Wall. (U. S.) 69. 
 
 An order on a particular fund (120 U. S. 
 511; 78 Iowa, 426; 3 Me. 436), or an order 
 by a creditor to pay the debt to a third 
 person (7 Cal. 258; 18 Mass. 461; 18 Mont. 
 335), are examples of such assignments. 
 
 EQUITABLE CONSTRUCTION. A liberal 
 construction, designed to reach the equities 
 of the particular case. 
 
 EQUITABLE CONVERSION. See "Con- 
 version." 
 
 EQUITABLE DEFENSE. A defense avail- 
 able only in equity, e. g., duress in defense 
 to a contract. In all states where codifica- 
 tion prevails, the distinction between legal 
 and equitable defenses is abolished. 
 
 EQUITABLE ELECTION. See "Elect- 
 tion." 
 
 EQUITABLE ESTATE. A right or Inter- 
 est in land, which, not having the proper- 
 ties of a legal estate, but being merely a 
 right of which courts of equity will take no- 
 tice, requires the aid of such court to make 
 it available. 
 
 These estates consist of uses, trusts, and 
 powers {q. v.) See 2 Bouv. Inst, note 1884. 
 They possess, in some respects, the qualities 
 of legal estates at modern law. 1 Pet. (U. 
 S.) 508; 13 Pick. (Mass.) 154; 5 Watts 
 (Pa.) 113; 1 Johns. Ch. (N. Y.) 508; 2 
 Vern. 536; 1 Brown, 499; Williams, Real 
 Prop. 134-136; 1 Spence, Eq. Jur. 501; 1 
 Washb. Real Prop. 130, 161. 
 
 EQUITABLE INTEREST. An interest 
 which although lacking in the characteris- 
 tics of a legal estate, the owner may en- 
 force in a court of chancery. 82 111. 249. 
 
 EQUITABLE LIEN. One which a court 
 of chancery recognizes, as distinct from 
 strictly legal rights. 99 111. App. 243. 
 
 A lien such as exists in equity, and of 
 which courts of equity alone take cogni- 
 zance. 114 111. App. 564. 
 
 EQUITABLE MORTGAGE. A lien upon 
 real estate of such a character that it is 
 recognized in equity as a security for the 
 payment of money, and is treated as a mort- 
 gage. 
 
 A transaction to which equity attaches 
 the character of a mortgage, without regard 
 to the intention of the parties. For ex- 
 ample, a deposit of title deeds as security 
 (Story, Eq. Jur. § 1020; 5 Wheat. [U. S.] 
 277), or the giving of an absolute deed as 
 security (96 U. S. 332; 113 Mass. 149; 46 
 N. Y. 605). 
 
 A mortgage upon a purely equitable in- 
 terest in lands. 
 
 EQUITABLE WASTE. Such acts to the 
 detriment of the remainder or reversion as 
 are within the legal rights of the tenant, but 
 
 are not such as a prudent man would do in 
 respect to his own property, though not 
 necessarily done with evil motive. Equity 
 will restrain such depredation, though no 
 action at law would lie. 2 Story, Eq. Jur 
 § ^15^^^J.. ^hv598|^ ^H^ 361. 
 
 EQUrn^ SEQuWuRLEGEIVI, Equity 
 follows the law. 1 Story, Eq. Jur. 4: 5 
 Barb. (N. Y.) 277, 282. ' 
 
 EQUITATURA. In old English law. 
 Needful equipments for riding or travehng. 
 
 EQUITY. A right which is established 
 and enforced in accordance with the prin- 
 ciples of equity jurisprudence under some 
 general principle or acknowledged rule gov- 
 erning courts of equity. 208 111. 244. 
 
 A branch of remedial justice by and 
 through which relief is afforded to suitors > 
 in the courts of equity. 
 
 In the broad sense in which this term is 
 sometimes used, it signifies natural .justice. 
 
 In a more limited application, it denotes 
 equal justice between contending parties. 
 This is its moral signification, in reference 
 to the rights of parties having conflicting 
 claims; but applied to courts and their jur- 
 isdiction and proceedings, it has a more 
 restrained and limited signification. 
 
 One division of courts is into courts of 
 law and courts of equity; and equity, in this 
 relation and application, is a branch of 
 remedial justice by and through which re- 
 lief is afforded to suitors in the courts of 
 equity. 
 
 ^ The difference between the remedial jus- 
 tice of the courts of common law and that 
 of the courts of equity is marked and ma- 
 terial. That administered by the courts of 
 law is limited by the principles of the com- 
 mon law (which are to a great extent posi- 
 tive and inflexible), and especially by the 
 nature and character of the process and 
 pleadings, and of the judgments which 
 those courts can render; because the plead- 
 ings cannot fully present all the matters 
 in controversy, nor can the judgments be 
 adapted to the special exigencies which may 
 exist in particular cases. It is not uncom- 
 mon, also, for cases to fail in those courts, 
 from the fact that too few or too many per- 
 sons have been joined as parties, or because 
 the pleadings have not been framed with 
 sufficient technical precision. 
 
 The remedial process of the courts of 
 equity, on the other hand, admits, and gen- 
 erally, requires, that all persons having an 
 interest shall be made parties, and makes 
 a large allowance for amendments by sum- 
 moning and discharging parties after the 
 commencement of the suit. The pleadings 
 are usually framed so as to present to the 
 consideration of the court the whole case, 
 with its possible legal rights, and all its 
 equities,— that is, all the grounds upon 
 which the suitor 'is or is not entitled to 
 relief upon the principles of equity. And 
 its final remedial process may be so varied 
 as to meet the requirements of these eqm- 
 
EQUITY 
 
 367 
 
 EQUITY 
 
 ties, in cases where the jurisdiction of the 
 courts of equity exists, by "commanding 
 what is right, and prohibiting what is 
 wrong." In other words, its final process 
 is varied so as to enable the courts to do 
 that equitable justice between the parties 
 which the case clemands, either by command- 
 ing what is to be done, or prohibiting what 
 is threatened to be done. 
 
 The principles upon which, and the modes 
 and forms by and through which, justice 
 is administered in the United States, are 
 derived to a great extent from those which 
 were in existence in England at the time 
 of the settlement of this country, and it is 
 therefore important to a correct understand- 
 ing of the nature and character of our own 
 jurisprudence, not only to trace it back to 
 its introduction here on the early settle- 
 ment of the colonies, but also to trace the 
 English jurisprudence from its earliest in- 
 ception as the administration of law found- 
 ed on principles, down to that period. It 
 is in this way that we are enabled to ex- 
 plain many things in our own practice which 
 would otherwise be entirely obscure. This 
 is particularly true of the principles which 
 regulate the jurisdiction and practice of the 
 courts of equity, ,and of the principles of 
 equity as they are now applied and admin- 
 istered in the courts of law which at the 
 present day have equitable jurisdiction con- 
 ferred upon them by statutes passed for that 
 purpose. And for the purpose of a com- 
 petent understanding of the course of deci- 
 sions in the courts of equity in England, it 
 is necessary to refer to the origin of the 
 equitable jurisdiction there, and to trace 
 its history, inquiring upon what principles 
 it was originally founded, and how it has 
 been enlarged and sustained. 
 
 The study of equity jurisprudence, there- 
 fore, comprises an inquiry into the origin 
 and history of the courts of equity; the 
 distinctive principles upon which jurisdic- 
 tion in equity is founded; the nature, char- 
 acter, and extent of the jurisdiction itself; 
 its peculiar remedies ; the rules and maxims 
 which regulate its administration; its reme- 
 dial process and proceedings, and modes 
 of defense; and its rules of evidence and 
 practice. 
 
 Origin and History. The courts of 
 
 equity may be said to have their origin as 
 far back as the aula or curia regis, the great 
 court in which the king administered jus- 
 tice in person, assisted by his counsellors. 
 Of the officers of this court, the chancellor 
 was one of great trust and confidence, next 
 to the king himself, but his duties do not 
 distinctly appear at the present day. On 
 the dissolution of that court, he exercised 
 separate duties. 
 
 On the introduction of seals, he had the 
 keeping of the king's seal, which he affixed 
 to charters and deeds; and he had some 
 authority in relation to the king's grants, — 
 perhaps annulling those which were alleged 
 to have been procured by misrepresentation, 
 or to have been issued unadvisedly. 
 
 As writs came into use, it was made his 
 duty to frame and issue them from his 
 court, which as early as the reign of Henry 
 II. was known as the "chancery." And it is 
 said that he exercised at this period a sort 
 of equitable jurisdiction by which he miti- 
 gated the rigor of the common law, — to 
 what extent it is impossible to determine. 
 He is spoken of as one who "annuls unjust 
 laws, and executes the rightful commands 
 of the pious prince, and puts an end to 
 what is injurious to the people or to morals," 
 which would form a very ample jurisdic- 
 tion; but it seems probable that this was 
 according to the authority or direction of 
 the king, given from time to time in rela- 
 tion to particular cases. He was a prin- 
 cipal member of the king's council, after 
 the Conquest, in which, among other things, 
 all applications for the special exercise of 
 the prerogative in regard to matters of 
 judicial cognizance were discussed and de- 
 cided upon. In connection with the council, 
 he exercised a separate authority in cases 
 in which the council directed the suitors 
 to proceed in chancery. The court of chan- 
 cery is said to have sprung from this coun- 
 cil; but it may be said that it had its 
 origin in the prerogative of the king, by 
 which he undertook to administer justice, 
 on petitions to himself, without regard to 
 the jurisdiction of the ordinary courts, 
 which he did through orders to his chan- 
 cellor. The great council, or parliament, 
 also sent matters relating to the king's 
 grants, etc., to the chancery; and it seems 
 that the chancellor, although an ecclesiastic, 
 was the principal actor as regards the judi- 
 cial business which the select or king's 
 council, as well as the great council, had 
 to advise upon or transact. In the reign of 
 Edward I., the power and authority of the 
 chancellor were extended by the statute of 
 Westminster II. 
 
 In the time of Edward III., proceedings in 
 chancery were commenced by petition or 
 bill, the adverse party was summoned, the 
 parties were examined, and chancery ap- 
 pears as a distinct court for giving relief 
 in cases which required extraordinary rem- 
 edies, the king having, "by a writ, referred 
 all such matters as were of grace to be 
 dispatched by the chancellor or by the keep- 
 er of the privy seal." 
 
 It may be considered as fully established, 
 as a separate and permanent jurisdiction, 
 from the 17th of Richard II. 
 
 In the time of Edward IV., the chancery 
 had come to be regarded as one of the four 
 principal courts of the kingdom. From this 
 time, its jurisdiction and the progress of 
 its jurisdiction become of more importance 
 to us. 
 
 It is the tendency of any system of legal 
 principles, when reduced to a practical ap- 
 plication, to fail of effecting such justice 
 between party and party as the special cir- 
 cumstances of a case may require, by rea- 
 son of the minuteness and inflexibility of 
 its rules, and the inability of the judges 
 
EQUITY 
 
 358 
 
 EQUITY 
 
 to adapt its remedies to the necessities of 
 the controversy under consideration. This 
 was the case with the Roman law, and, to 
 remedy this, edicts were issued from time 
 to time, which enabled the consuls and 
 praetors to correct "the scrupulosity and 
 mischievous subtlety of the law," and from 
 these edicts a code of equitable jurispru- 
 dence was compiled. 
 
 So the principles and rules of the com- 
 mon law, as they were reduced to practice, 
 became in their application the means of 
 injustice in cases where special equitable 
 circumstances existed, of which the judge 
 could not take cognizance because of the 
 precise nature of its titles and rights, the 
 inflexible character of its principles, and the 
 technicality of its pleadings and practice. 
 And, in a manner somewhat analogous to 
 the Roman mode of modification, in order to 
 remedy such hardships, the prerogative of 
 the king, or the authority of the great coun- 
 cil, was exercised in ancient times to pro- 
 cure a more equitable measure of justice 
 in the particular case, which was accom- 
 plished through the court of chancery. 
 
 This was followed by the "invention" of 
 the writ of subpoena, by means of which the 
 chancery assumed, upon a complaint made 
 directly to that court, to require the attend- 
 ance of the adverse party, to answer to such 
 matters as should be objected against him. 
 Notwithstanding the complaints of the com- 
 mons, from time to time, that the course of 
 proceeding in chancery "was not according 
 to the course of the common law, but the 
 practice of the holy church," the king sus- 
 tained the authority of the chancellor, the 
 right to issue the writ was recognized and 
 regulated by statute, and other statutes 
 were passed conferring jurisdiction where 
 it had not been taken, before. In this way, 
 without any compilation of a code, a system 
 of equitable jurisprudence was established 
 in the court of chancery, enlarging from 
 time to time; the decisions of the court fur- 
 nishing an exposition of its principles, and 
 of their application. It is said that the jur- 
 isdiction was greatly enlarged under the ad- 
 ministration of Cardinal Wolsey, in the time 
 of Henry VIII. A controversy took place 
 between Chancellor Ellesmere and Lord 
 Coke, C. J., of the king's bench, in the time 
 of James I., respecting the right of the 
 chancellor to interfere with the judgments 
 of the courts of law. The king sustained 
 the chancellor, and from that time the jur- 
 isdiction then claimed has been maintained. 
 
 It is from the study of these decisions, 
 and the commentaries upon them, that we 
 are enabled to determine, with a greater or 
 less degree of certainty, the time when and 
 the grounds upon which jurisdictiori was 
 granted or was taken in particular classes 
 of cases, and the principles upon which it 
 was administered. And it is occasionally of 
 importance to attend to this; because we 
 shall see that, chancery having onfte ob- 
 tained jurisdiction, that jurisdiction con- 
 tinues until expressly taken away, notwith- 
 
 standing the intervention of such changes 
 as, if they had been made earlier, would 
 have rendered the exercise of jurisdiction 
 by that court incompatible with the princi- 
 ples upon which it is founded. 
 
 A brief sketch of some of the principal 
 points in the origin and history of the court 
 of chancery may serve to show that much 
 of its jurisdiction exists independent of any 
 statute, and is founded upon an assumption 
 of a power to do equity, having its first 
 inception in the prerogative of the king, and 
 his commands to do justice in individual 
 cases, extending itself, though the action 
 of the chancellor, to the issue of a writ of 
 summons to appear in his court without 
 any special authority for that purpose, and, 
 upon the returri of the subpoena, to the re- 
 ception of a complaint, to a requirement 
 upon the party summoned to make answer 
 to that complaint, and then to a hearing 
 and decree, or judgment, upon the merits 
 of the matters in controversy, according to 
 the rules of equity and good conscience. 
 
 It appears as a noticeable fact that the 
 jurisdiction of the chancery proceeded orig- 
 inally from, and was sustained by, succes- 
 sive kings of England against the repeated 
 remonstrances of the commons, who were 
 for adhering to the common law; though not 
 perhaps, approving of all its rigors, as 
 equity had been to some extent acknowl- 
 edged as a rule of decision in the common- 
 law courts. 
 
 This opposition of the commons may have 
 been owing in part to the fact that the 
 chancellor was in those days usually an ec- 
 clesiastic, and to the existing antipathy 
 among the masses of the people to almost 
 everything Roman. 
 
 The master of the rolls, who for a long 
 period was a judicial officer of the court of 
 chancery, second only to the chancellor, was 
 originally a clerk or keeper of the rolls 
 or records, but seems to have acquired his 
 judicial authority from being at times di- 
 rected by the king to take cognizance of 
 and determine matters submitted to him. 
 
 Distinctive Principles. It is quite ap- 
 parent that some principles other than those 
 of the common law must regulate the ex- 
 ercise of such a jurisdiction. That law could 
 not mitigate its rigor upon its_ own prin- 
 ciples. And as, down to the time of Ed- 
 ward III., and, with few exceptions, to the 
 21st of Henry VIII., the chancellors were 
 ecclesiastics, much more familiar with the 
 principles of the Roman law than with those 
 of the common law, it was but a matter of 
 course that there should be a larger adop- 
 tion of the principles of that law, and the 
 study of it is of some importance in this 
 connection. Still, that law cannot be said 
 to be of authority, even in equity proceed- 
 ings. The commons were jealous of its in- 
 troduction. "In the reign of Richard II., the 
 barons protested that they would never suf- 
 fer the kingdom to be governed by the 
 Roman law, and the judges prohibited it 
 
EQUITY 359 
 
 EQUITY 
 
 {torn being any longer cited in- the common- 
 law tribunals." 
 
 This opposition of the barons and of the 
 common-law judges furnished very suflBcient 
 reasons why the chancellors should not pro- 
 fess to adopt that law as the rule of deci- 
 sion. In addition to this, it was not fitted, 
 in many respects, to the state of things ex- 
 isting in England; and so the chancellors 
 were of. necessity compelled to act upon 
 equitable principles as expounded by them- 
 selves. In later times, the common-law 
 judges in that country have resorted to the 
 Roman law for principles of decision to a 
 much greater extent than they have given 
 credit to it. 
 
 Since the time of Henry VIII., the chan- 
 cery bench has been occupied by some of 
 the ablest lawyers which England has pro- 
 duced, and they have given to the proceed- 
 ings and practice in equity definite rules 
 and forms, which leave little to the per- 
 sonal discretion of the chancellor in deter- 
 mining what equity and good conscience 
 require. The discretion of the chancellor 
 is a judicial discretion, to be exercised ac- 
 cording to the principles and practice of 
 the court. 
 
 The avowed principle upon which the ju- 
 risdiction was at first exercised was the 
 administration of justice according to hon- 
 esty, equity, and conscience, which last, it 
 is said, was unknown to the common law 
 as a principle of decision. 
 
 In the 15th of Richard II., two petitions, 
 addressed to the king and the lords of par- 
 liament, were sent to the chancery to be 
 heard, with the direction, "Let there be 
 done, by the authority of parliament, that 
 which right and reason and good faith and 
 good conscience demand in the case." 
 
 These may be said to be the general prin- 
 ciples upon which equity is administered at 
 the present day. 
 
 The distinctive principles of the courts 
 of equity are shown, also, by the classes of 
 cases in which they exercise jurisdiction 
 and give relief; allowing it to be sought and 
 administered through process and proceed- 
 ings of less formality and technicality than 
 are required in proceedings at law. This, 
 however, has its limitations, some of its 
 rules of pleading in defense being quite tech- 
 nical. And it is another peculiar feature 
 that the relief is administered by a decree 
 or process adapted to the exigencies of the 
 particular case. 
 
 Jurisdiction. It is difficult to reduce 
 
 a jurisdiction so extensive, and of such di- 
 verse component parts, to a rigid and pre- 
 cise classification; but an approach to it 
 may be made. The general nature of the 
 jurisdiction has already been indicated. It 
 exists — 
 
 First, for the purpose of compelling a dis- 
 covery from the defendant, respecting the 
 truth of the matters alleged against him, 
 by an appeal to his conscience to speak the 
 truth. The discovery is enforced by re- 
 quiring an answer to the allegations in the 
 
 plaintiff's complaint, in order that the plain- 
 tiff may use the matters disclosed in the an- 
 swer as admissions of the defendant, and 
 thus evidence for the plaintiff, either in 
 connection with and in aid of other evidence 
 offered by the plaintiff, or to supply the 
 want of other evidence on his part; or it 
 may be to avoid the expense to which the 
 plaintiff must be put in procuring other 
 evidence to sustain his case. 
 
 When the plaintiff's complaint, otherwise 
 called a "bill," prays for relief in the same 
 suit, the statements of the defendant in 
 his answer are considered by the court in 
 forming a judgment upon the whole case. 
 
 To a certain extent, the statements of the 
 defendant in answer to the bill are evi- 
 dence for himself also. 
 
 The discovery which may be required is 
 not only of facts within the knowledge of 
 the defendant, but may also be of deeds 
 and other writings in his possession. 
 
 The right to discovery is not, however, an 
 unlimited one; as, for instance, the defend- 
 ant is not bound to make a discovery which 
 would subject him to punishment, nor, ordi- 
 narily, to discover the title upon which he 
 relies in his defense; nor is the plaintiff 
 entitled to require the production of all 
 papers which he may desire to look into. 
 The limits of the right deserve careful con- 
 sideration. The discovery, when had, may 
 be the foundation of equitable relief in the 
 same suit, in which case it may be connect- 
 ed with all the classes of cases in which re- 
 lief is sought; or it may be for the purpose 
 of being used in some other court, in which 
 case the jurisdiction is designated as an 
 "assistant jurisdiction." 
 
 Second, where the courts of law do not, 
 or did not, recognize any right, and there- 
 fore could give no remedy, but where the 
 courts of equity recognize equitable rights, 
 and, of course, give equitable relief. This 
 has been denominated the "exclusive juris- 
 diction." In this class are trusts, charities, 
 forfeited and imperfect mortgages, penal- 
 ties and forfeitures, imperfect considera- 
 tion. 
 
 Uses and trusts have been supposed to 
 have had their origin in the restrictions laid 
 by parliament upon conveyances in mort- 
 main, — that is, to the church for charitable, 
 or rather for ecclesiastical, purposes. 
 
 It may well be that the doctrine of equi- 
 table titles and estates, unknown to the 
 common law, but which could be enforced 
 in chancery, had its origin in conveyances 
 to individuals for the use of the church in 
 order to avoid the operation of these re- 
 strictions; the conscience of the feoffee be- 
 ing bound to permit the church to have 
 the use according to the design and intent 
 of the feoffment. But conveyances in trust 
 for the use of the church were not by any 
 means the only cases in which it was de- 
 sirable to convey the legal title to one for 
 the use of another. In many instances, such 
 a conveyance offered a convenient mode of 
 making provision for those who, from any 
 
EQUITY 
 
 860 
 
 EQUITY 
 
 circumstances, were unable to manage prop- 
 erty advantageously for themselves, or to 
 ■whom it was not desirable to give the con- 
 trol of it; and the propriety in all such 
 cases of some protection to the beneficiary 
 is quite apparent. The court of chancery, 
 by recognizing that he had an interest of 
 an equitable character which could be pro- 
 tected and enforced against the holder of 
 the legal title, exercised a jurisdiction to 
 give relief in cases which the courts of com- 
 mon law could not reach consistently with 
 their principles and modes of procedure. 
 
 Mortgages, which were originally estates 
 conveyed upon condition, redeemable if the 
 condition was performed at the day, but 
 absolute on nonperformance, the right to 
 redeem being thereby forfeited, owe their 
 origin to the court of chancery, which, act- 
 ing at first, perhaps, in some case where 
 the nonperformance was by mistake or acci- 
 dent, soon recognized an equitable right of 
 redemption after the day, as a general rule, 
 in order to relieve against the forfeiture. 
 This became known as an "equity of re- 
 demption," — a designation in use at the 
 present day, although there has long been 
 a legal right of redemption in such cases. 
 
 Eelief against penalties and forfeitures 
 also was formerly obtained only through 
 the aid of the court of chancery. 
 
 In most of the cases which fall under 
 this head, courts of law now exercise a 
 concurrent jurisdiction. 
 
 Third, where the courts of equity ad- 
 minister equitable relief for the infraction 
 of legal rights, in cases in which the courts 
 of law, recognizing the right, give a remedy 
 according to their principles, modes, and 
 forms, but the remedy is deemed by equity 
 inadequate to the requirements of the case. 
 This is sometimes called the "concurrent 
 jurisdiction." This class embraces fraud, 
 mistake, accident, administration, legacies, 
 contribution, and cases where _ justice and 
 conscience require the cancellation or refor- 
 mation of instruments, or the rescission or 
 the specific performance of contracts. 
 
 The courts of law relieve against fraud, 
 mistake, and accident where a remedy can 
 be had according to their modes and forms ; 
 but there are many cases in which the legal 
 remedy is inadequate for the purposes of 
 justice. 
 
 The modes of investigation, and the pe- 
 culiar remedies of the courts of equity, are 
 often of the greatest importance in this 
 class of cases. 
 
 Transfers to defeat or delay creditors, 
 and purchasers with notice of an outstand- 
 ing title, come under the head of fraud. 
 
 It has been said that there is a less 
 amount of evidence required to prove fraud, 
 in equity, than there is at law, but the 
 soundness of that position may well be 
 doubted. 
 
 The court does not relieve in all cases 
 of accident and mistake. 
 
 In many cases, the circumstances are such 
 as to require the cancellation or reforma- 
 
 tion of written' instruments, or the specific 
 performance of contracts, instead of dam- 
 ages for the breach of them. 
 
 Fourth, where the court of equity admin- 
 isters a remedy because the relations of 
 the parties are such that there are impedi- 
 ments to a legal remedy. Partnership fur- 
 nishes a marked instance. Joint tenancy 
 and marshalling of assets may be included. 
 
 From the nature of a partnership, there 
 are impediments to suits at law between 
 the several partners and the partnership in 
 relation to matters involved in the partner- 
 ship; and impediments of a somewhat sim- 
 ilar character exist in other cases. 
 
 Fifth, where the forms of proceeding in 
 the courts of law are not deemed adequate 
 to the due investigation of the particulars 
 and details of the case. This class includes 
 account, partition, dower, ascertainment of 
 boundaries. 
 
 Sixth, where, from a relation of trust and 
 confidence, or from consanguinity, the par- 
 ties do not stand on equal ground in their 
 dealings with each other; as, the relations 
 of parent and child, guardian and ward, 
 attorney and client, principal and agent, 
 executor and administrator, legatees and 
 distributees, trustee and cestui que trust, 
 etc. 
 
 Seventh, where the court grants relief 
 from considerations of public policy, be- 
 cause of the mischief which would result 
 if the court did not interfere. Marriage 
 brokage agreements, contracts in restraint 
 of trade, buying and selling public offices, 
 agreements founded on corrupt considera- 
 tions, usury, gaming, and contracts with 
 expectant heirs, are of this class. 
 
 Cases of this and the preceding class are 
 sometimes considered under the head of 
 "constructive fraud." 
 
 Eighth, where a party, from incapacity 
 to take care of his rights, is under the spe- 
 cial care of the court of equity, as infants, 
 idiots, and lunatics. 
 
 This is a branch of jurisdiction of very 
 ancient date, and of a special character, 
 said to be founded in the prerogative of the 
 king. 
 
 In this country the court does not, in 
 general, assume the guardianship, but ex- 
 ercises an extensive jurisdiction over 
 guardians, and may hold a stranger inter- 
 fering with the property of an infant ac- 
 countable as if he were guardian. 
 
 Ninth, where the court recognizes an ob- 
 ligation on the part of a husband to make 
 provision for the support of his wife, or to 
 make a settlement upon her, out of the 
 property which comes to her by inheritance, 
 or otherwise. 
 
 This jurisdiction is not founded upon 
 either trust or fraud, but is derived orig- 
 inally from the maxim that h§ who asks 
 equity should do equity. 
 
 Tenth, where the equitable relief appro- 
 priate to the case consists in restraining 
 the commission or continuance of ' some act 
 
EQUITY 
 
 861 
 
 EQUITY 
 
 of the defendant, administered by means 
 of a writ of injunction. 
 
 Eleventh, the court aids in the procura- 
 tion or preservation of evidence of the 
 rights of a party, to be used, if necessary, 
 in some subsequent proceeding, the court 
 administering no final relief. 
 
 Peculiar Remedies, and the IVIanner 
 
 of Administering Tliem. Under this head 
 are specific performance of contracts; re- 
 execution, reformation, rescission, and can- 
 cellation of contracts or instruments; re- 
 straint by injunction; bills quia timet; 
 bills of peace; protection of a party liable 
 at law, but who has no interest, by bill of 
 interpleader; election between two incon- 
 sistent legal rights; conversion; priorities; 
 tacking; marshalling of securities; appli- 
 cation of purchase money. 
 
 In recent periods, the principles of the 
 court of chancery have in many instances 
 been acted on and recognized by the courts 
 of law (as, for instance, in relation to mort- 
 gages, contribution, etcv) so far as the 
 rules of the courts of law admitted of their 
 introduction. 
 
 In some states, the entire jurisdiction 
 has, by statute, been conferred upon the 
 courts of law, who exercise it as a separate 
 and distinct branch of their authority, up- 
 on the principles and according to the 
 modes and forms previously adopted in 
 chancery. 
 
 In a few, the jurisdictions of the courts 
 of law and of equity have been amalgamat- 
 ed, and an entire system has been sub- 
 stituted, administered more according to the 
 principles and modes and forms of equity 
 than the principles and forms of the com- 
 mon law. 
 
 Rules and iVIaxims. In the adminis- 
 tration of the jurisdiction, there are cer- 
 tain rules and maxims which are of special 
 significance. 
 
 First, equity having once had jurisdic- 
 tion of a subject matter because there is 
 no remedy at law, or because the remedy is 
 inadequate, does not lose the jurisdiction 
 merely because the courts of law after- 
 wards give the same or a similar relief. 
 
 Second, equity follows the law. This is 
 true as a general maxim. Equity follows 
 the law, except in relation to those mat- 
 ters which give a title to equitable relief 
 because the rules of law would operate to 
 sanction fraud or injustice in the particu- 
 lar case. 
 
 Third, when there is equal equity, the 
 law must prevail. The ground upon which 
 the suitor comes into the court of equity 
 is that he is entitled to relief there. But 
 if his adversary has an equally equitable 
 case, the complainant has no title to re- 
 lief. 
 
 Fourth, equality is equity. Applied to 
 cases of contribution, apportionment of 
 moneys due among those liable or benefited 
 by the payment, abatement of claims on 
 account of deficiency of the means of pay- 
 ment, etc. 
 
 Fifth, he who seeks equity must do 
 equity. A party cannot claim the interposi- 
 tion of the court for relief unless he will 
 do what it is equitable should be done by 
 him as a condition precedent to that relief. 
 
 Sixth, equity considers that as done which 
 ought to have been done. A maxim of much 
 more limited application than might at first 
 be supposed from the broad terms in which 
 it is expressed. In favor of parties who 
 would have had a benefit from something 
 contracted to be done, and who have an 
 equitable right to have the case considered 
 as if it had been done, equity applies this 
 maxim. Illustration: When there is an 
 agreement for a sale of land, and the ven- 
 dor dies, the land may be treated as money, 
 and the proceeds of the sale, when com- 
 pleted, go to the distributees of personal 
 estate, instead of to the heir. If the ven- 
 dee dies before the completion of the pur- 
 chase, the purchase money may be treated 
 as land for the benefit of the heir. 
 
 —^Remedial Process and Defense. A 
 suit in equity is ordinarily instituted by a 
 complaint or petition, called a "bill;" and 
 the defendant is served with a writ of sum- 
 mons, requiring him to appear and answer, 
 called a "subpoena." 
 
 The forms of proceedings in equity are 
 such as to bring the rights of all persons in- 
 terested before the court; and, as a general 
 rule, all persons interested should be made 
 parties to the bill, either as plaintiffs or de- 
 fendants. 
 
 There may be amendments of the bill; 
 or a supplemental bill, which is sometimes 
 necessary when the case is beyond the stage 
 for amendment. 
 
 In case the suit fails by the death of the 
 party, there is a bill of revivor, and, after 
 the cause is disposed of, there may be a 
 bill of review. 
 
 The defense is made by demurrer, plea, 
 or answer. If the defendant has no inter- 
 est, he may disclaim. Discovery may be 
 obtained from the plaintiff, and further 
 matter may be introduced, by means of a 
 cross bill, brought by the defendant against 
 the plaintiff, in order that it may be con- 
 sidered at the same time. 
 
 If the plaintiff elects, he may file a repli- 
 cation to the defendant's answer. 
 
 The final process is directed by the de- 
 cree, which, being a special judgment, can 
 provide relief according to the nature of 
 the case. This is sometimes by a perpet- 
 ual injunction. 
 
 There may be a bill to execute or to im- 
 peach a decree. 
 
 Evidence and Practice. The rules of 
 
 evidence, except as to the effect of the an- 
 swer and the taking of the testimony, are, 
 in general, similar to the rules of evidence 
 in cases at law; but to this there are ex- 
 ceptions. 
 
 The answer, if made on oath, is evidence 
 for the defendant, so far as it is responsive 
 to the calls of the bill for discovery, and 
 as such it prevails, unless it is overcome 
 
EQUITY EVIDENCE 
 
 362 
 
 ERQO 
 
 by something more than what is equivalent 
 to the testimony of one witness. If with- 
 out oath, it is a mere pleading, and the al- 
 legations stand for proof. 
 
 If the answer is incomplete or improper, 
 the plaintiff may except to it, and it must 
 be so amended as to be made sufficient and 
 proper. 
 
 The case may be heard on the bill and 
 answer, if the plaintiff so elects, and sets 
 the case down for a hearing in that mode. 
 
 If the plaintiff desires to controvert any 
 of the statements in the ■■answer, he files a 
 replication by which he denies the truth of 
 the allegations in the answer, and testi- 
 mony is taken. 
 
 The testimony, according to the former 
 practice in chancery, is taken upon inter- 
 rogatories filed in the clerk's office, and 
 propounded by the examiner, without the 
 presence of the parties; but this practice 
 has been very extensively modified. 
 
 If 'any of the testimony is improper, 
 there is a motion to suppress it. 
 
 The case may be referred to a master to 
 state the accounts between the parties, or 
 to make such other report as the case may 
 require; and there may be an examination 
 of the parties in the master's office. Excep- 
 tions may be taken to his report. 
 
 The hearing of the case is before the 
 equity judge, who may make interlocutory 
 orders or decrees, and who pronounces the 
 final decree or judgment. There may be a 
 rehearing, if sufficient cause is shown. 
 
 At the present day, in England and in 
 several of the United States, the proceed- 
 ings are very much simplified. 
 
 EQUITY EVIDENCE. See "Evidence." 
 
 EQUITY OF A STATUTE. Where a class 
 of cases is not within the words of a stat- 
 ute, but it is patent that it would have 
 been included had it been within the mind 
 of the legislature, it is included by con- 
 struction, because it is said to be "within 
 the equity of the statute." 
 
 EQUITY OF REDEMPTION. A right 
 ■which the mortgagee of an estate has of 
 redeeming it after it has been forfeited at 
 law by the nonpayment, at the time ap- 
 pointed, of the money secured by the mort- 
 gage to be paid, by paying the amount of 
 the debt, interest, and costs. 
 
 The phrase "equity of redemption" is in- 
 discriminately, though often incorrectly, 
 applied to the right of the mortgagor to 
 regain his estate, both before and after 
 breach of condition. In North Carolina, by 
 statute, the former is called a "legal right 
 of redemption," and the latter the "equity 
 of redemption," thereby keeping a just dis- 
 tinction between these estates.' 1 Rev. St. 
 N. C. 266; 4 McCord (S. C.) 340. The in- 
 terest is recognized at law for many pur- 
 poses. As a subsisting estate, although 
 the mortgagor, in order to enforce his tight, 
 is obliged to resort to an equitable pro- 
 ceeding, administered generally in courts 
 
 of equity, but in some states by courts of 
 law (11 Serg. & R. [Pa.] 223), or in some 
 states he may pay the debt, and have an ac- 
 tion at law (18 Johns. [N. Y.] 7, llO; 1 
 Halst. [N. J.] 466; 2 Har. & McH. [Md.] 
 9). 
 
 EQUITY TO A SETTLEMENT, The right 
 of a wife, in an action by her husband to 
 reduce to his possession an equitable es- 
 tate falling to her, to have the court in- 
 quire into the circumstances of the mar- 
 riage, the marriage settlement, and the re- 
 lation of the parties, and require part of 
 the estate in controversy to be settled on 
 her. Haynes, Eq. 114; White & T. Lead. 
 Gas. 381. 
 
 EQUIVALENT. Of the same value. Some 
 times a condition must be literally accom- 
 plished in forma speeifica; but some may be 
 fulfilled by an equivalent, per aequipollenSj 
 when such appears to be the intention of 
 the parties. RoUe, Abr. 451; 1 Bouv. Inst, 
 note 760. 
 
 In Patent Law. As applied to ma- 
 chines, a de'vice which performs the same 
 result as another, in substantially the same 
 way. 58 Fed. 281. As applied to the chem- 
 ical action of fluids, it means "equally 
 good." 7 Wall. (U. S.) 330. 
 
 EQUIVOCAL. Having a double sense. 
 
 In the construction of contracts, it is a 
 general rule that, when an expression may 
 be taken in two senses, that shall be pre- 
 ferred which gives it effect. See "Construc- 
 tion;" "Interpretation;" Dig. 22. 1. 4. 45. 1; 
 Id. 80. 50. 17. 67. 
 
 EQUULEUS (Lat.) A kind of rack for ex- 
 torting confessions. Enc. Lond. 
 
 ERASTIANS. The followers of Erastus. 
 The sect obtained much influence in Eng- 
 land, particularly among common la-wyers 
 in the time of Selden. They held that of- 
 fenses against religion and morality should 
 be punished by the civil power, and not by 
 the censures of the church, or by excom- 
 munication. Wharton. 
 
 ERASURE. The obliteration of a writing, 
 or part thereof. It will render it void or not 
 under the same circumstances as an inter- 
 lineation. See 5 Pet. (U. S.) 560; 11 Coke, 
 88; 4 Cruise, Dig. ,368; 13 Viner, Abr. 41; 
 Fitzg. 207; 5 Bing. 183; 3 Car. & P. 55; 2 
 Wend. (N. Y.) 555; 11 Conn. 531; 5 Mart. 
 (La.) 190; 2 La. 291; 3 La. 56; 4 La. 270. 
 
 ERCISCUNDUS (Lat. erciscere). For di- 
 viding. Familiae erciscundae actio, an ac- 
 tion for dividing away goods, or any 
 matter of inheritance. Vicat; Calv. Lex. 
 
 EREGIMUS (Lat. we have erected). A 
 word proper to be used in the creation of a 
 new office by the sovereign. Bac. Abr. "Of- 
 fices" (E). 
 
 ERGO (Lat.) Therefore. 
 
ERGOLABI 
 
 363 
 
 ESCAPE 
 
 ERGOLABI. In civil law. Undertakers of 
 work; contractors. Code, 4, 59. 
 
 ERIACH. In the Brehon law. A pecu- 
 niary satisfaction or recompense, corre- 
 spending in some degree with the weregild 
 of the Saxon law, which a party guilty of 
 murder was condemned to pay to the wife 
 or child or friends of the deceased. 4 Bl. 
 Comm. 313. The same, probably, with 
 enach, in old Scotch law. Skene de Verb. 
 Sign. voc. "Enach." 
 
 EROSION. The gradual eating away of 
 the soil by the operation of currents or 
 tides. 100 N. Y. 433. It is distinguished 
 from submergence (q. v.), and opposed to 
 alluvion (q. v.) 
 
 EROTIC MANIA. In medical jurispru- 
 dence. A name given to a morbid activity 
 of the sexuar propensity. It. is a disease or 
 morbid affection of the mind, which fills it 
 with a crowd of voluptuous images, and 
 hurries its victim to acts of the grossest 
 licentiousness, in the absence of any lesion 
 of the intellectual powers. See "Mania." 
 
 Distinct from "nymphomania" (g. v.) 
 
 ERRANT Lat. errare, to wander). Wan- 
 dering. Justices in eyre were formerly said 
 to be errant (itinerant). Cowell. 
 
 ERRATICUM (Law Lat.) In old law. A 
 waif or stray. Cowell. 
 
 ERRONICE (Lat.) Erroneously; through 
 mistake. Yelv. 83. 
 
 ERROR. See "Mistake." 
 
 ERROR FUCATUS NUDA VERITATE 
 in multls est probabllior, et saepe numero 
 rationbus vincit veritatem error. Error art- 
 fully colored is in many things more prob- 
 able than naked truth, and frequently error 
 conquers truth by argumentation. 2 Coke, 
 73. 
 
 ERROR JURIS NOCET. Error of law is 
 injurious. See 4 Bouv. Inst, note 3828; 1 
 Story, Eq. Jur. § 139, note. 
 
 ERROR NOMINIS NUNQUAM NOCET, 
 si de identitate rei constat. Mistake in the 
 name never injures, if there is no doubt as 
 to the identity of the thing. 1 Duer, Ins. 
 171. 
 
 ERROR QUI NON RESISTITUR, APPRO- 
 batur. An error not resisted is approved. 
 Doctor & Stud. c. 70. 
 
 ERROR SCRIBENTIS NOCERE NON 
 
 debet. An error made by a clerk ought not 
 to injure; a clerical error may be corrected. 
 1 Jenk. Cent. Cas. 324. 
 
 ERROR, WRIT OF. See "Writ of Error." 
 
 ERRORES AD SUA PRINCIPIA REF- 
 erre, est refellere. To refer errors to their 
 origin is to refute them. 3 Inst. 15. 
 
 ERRORS EXCEPTED. A phrase append- 
 ed to an account stated, in order to excuse 
 slight mistakes or oversights. Often writ- 
 ten "E. & 0. E.," meaning errors and omis- 
 sions excepted. 
 
 ERRORS OF LAW. When a person is 
 truly acquainted with the existence or non- 
 existence of the facts, but is ignorant of 
 the legal consequences, he is under an er- 
 ror of law. 1 Wend. (N. Y.) 360. 
 
 ERTHMIOTUM. In old English law. A 
 meeting of the neighborhood to compromise 
 differences among themselves, a court held 
 on the boundary of two lands. 
 
 ERUBESCIT LEX FILIOS CASTIGARE 
 
 parentes. The law blushes when children 
 correct their parents. 8 Coke, 116. 
 
 ESBRANCATURA. Cutting off branches 
 or boughs in forests, etc. Hov. Ann. 784. 
 
 ESCALDARE. To scald. It is said that to 
 scald hogs was one of the ancient tenures 
 in serjeanty. 
 
 ESCAMBIO. In old English law. A writ 
 granting power to an English merchant to 
 draw a bill of exchange on another who 
 is in a foreign country. Reg. Orig. 194. 
 
 ESCAMBIUM. Exchange, (q. v.) 
 
 ESCAPE. 
 
 From Bodily Harm. The ancient 
 
 doctrine of the common law that the right 
 of self-defense did not arise until every ef- 
 fort to escape, even to retreating until an 
 impassable wall or something of that nature 
 had been reached, has been supplanted in 
 America by the doctrine that a man, if un- 
 lawfully assaulted in a place where he has 
 a right to be, and put in danger, real or 
 reasonably apparent, of losing his life or 
 receiving great bodily harm, is not required 
 to endeavor to escape from his assailant, 
 but may stand his ground, and repel force 
 with force, even to the taking of the life 
 of his assailant, if necessary or in good 
 reason apparently necessary, for the pres- 
 ervation of his own life or to protect him- 
 self from receiving great bodily harm. It 
 is not necessary to the right of self-defense 
 that a party having otherwise the right to 
 exercise it, cannot "escape" the danger by 
 fleeing from his assailant. 199 111. 173. 
 
 Of Prisoner. The deliverance of a 
 
 person, who is lawfully imprisoned, out of 
 a prison, before such a person is entitled to 
 such deliverance by law. 5 Mass. 310. 
 
 When one who is arrested gains his lib- 
 erty before he is delivered in due course of 
 law. 107 N. C. 858. 
 
 Departure of a prisoner from custody be- 
 fore he is discharged by due process of law. 
 
 Escape takes place without force; prison 
 breach, with violence; rescue, through the 
 intervention of third parties. 
 
 Actual Escapee. Those which take 
 
 place when the prisoner in fact gets out of 
 prison, and unlawfully regains his liberty. 
 
ESCAPE WARRANT 
 
 864 
 
 ESKIPPAMENTUM 
 
 Constructive Escapes. These take 
 
 place when the prisoner Obtains more lib- 
 erty than the law allows, although he still 
 remains in confinement. Bac. Abr. "Es- 
 cape" (B) ; Plowd. 17: 5 Mass. 810; 2 Ma- 
 son (U. S.) 486. This distinction obtains 
 only as to arrest in civil actions. 
 
 Negligent Escape. This takes place 
 
 when the prisoner goes at large, unlawful- 
 ly, either because the building or prison in 
 which he is confined is too weak to hold 
 him, or because the keeper, by careless- 
 ness, lets him go out of prison. 
 
 Voluntary Escape. This takes place 
 
 when the prisoner has given to him volun- 
 tarily any liberty not authorized by law. 5 
 Mass. 310; 2 N. Chip. (Vt.) 11; 25 N. H. 
 458. 
 
 ESCAPE WARRANT. A warrant Issued in 
 England against a person who, being 
 charged in custody in the king's bench or 
 Fleet prison, in execution or mesne process, 
 escapes and goes at large. Jacob. 
 
 ESCAPIO QUIETUS. Delivered from that 
 punishment which, by the laws of the for- 
 est, lay upon those whose beasts were found 
 upon forbidden land. Jacob. 
 
 ESCAPIUM (Law Lat.) An escape. Reg. 
 Grig. 312. 
 
 That which comes by chance or accident. 
 Cowell. 
 
 ESCEPPA. A measure of corn. Cowell. 
 
 ESCHAETAE VULGO DICUNTUR QUAE 
 decidentlbus lis quae de rege tenent, cum 
 non existit ratione sanguinis haeres, ad fis- 
 cum relabuntur. Those things are common- 
 ly called "escheats" which revert to the 
 exchequer from a failure of issue in those 
 who hold of the king, when there does not 
 exist any heir by consanguinity. Co. Litt. 
 13. 
 
 ESCHEAT (Fr. escheoir, to happen). 
 
 ——Under the Feudal System. An ob- 
 struction of the course of descent, and a 
 consequent determination of the tenure by 
 some unforeseen contingency, in which case 
 the land naturally reverts back to the orig- 
 inal grantor or lord of the fee. 2 Bl. 
 Comm. 244. 
 
 Escheat grows out of the doctrine of ten- 
 ure, which is the foundation of the feudal 
 system, whereby a man was not an owner 
 of land, but only of a demesne estate there- 
 in, based on allegiance to a superior lord. 
 
 Escheat is to be distinguished from "for- 
 feiture." Forfeiture of land for crime was 
 part of the Saxon system, and was not a 
 consequence of any lordship paramount. It 
 was not superseded by the introduction of 
 the Norman tenures from which escheat re- 
 sulted. "Escheat therefore operates in sub- 
 ordination to this more ancient and super- 
 ior law of forfeiture." 2 Bl. Comm. 251. 
 
 The principal grounds of escheat were 
 death inbestate without heirs, alienage, 
 illegitimacy, and attainder. 2 Bl. Comm. 
 
 246; 4 Kent, Comm. 424. Only the first 
 two are generally in force in the United 
 States, the third being generally abolished 
 by statute, and the fourth by Const. U. S. 
 art. 1, I 9, subd. 3. See 9 Mass. 363. 
 
 ■ - In Modern Law. The reversion of land 
 to the state by reason of failure of heirs 
 or of the owner's incapacity to hold. 
 
 ESCHEAT, WRIT OF. A writ which an- 
 ciently lay for a lord, to recover posses- 
 sion of lands that had escheated to him. 
 Reg. Orig. 164b; Fitzh. Nat. Brev. 143; 
 Termes de la Ley; 2 Bl. Comm. 245; 3 Bl. 
 Comm. 194. Now abolished. 1 Steph. Comm. 
 401, note. 
 
 ESCHEATOR. The name of an ofScer 
 whose duties are generally to ascertain what 
 escheats have taken place, and to prosecute 
 the claim of the sovereign for the purpose 
 of recovering the escheated property. 10 
 Viner, Abr. 158; Co. Litt. 13b; Tomlins; 
 Termes de la Ley. His office was to be re- 
 tained but one year, and no one person 
 could hold the office more than once in 
 three years. Termes de la Ley. 
 
 ESCHECCUM. A jury or inquisition. Matt. 
 Par. 
 
 ESCHIPARE. To build or equip. Du 
 Cange. 
 
 ESCRIBANO. In Spanish law. The pub- 
 lic officer who is lawfully authorized to re- 
 duce to writing and verify by his signature 
 all judicial acts and proceedings, as well 
 as all acts and contracts entered into be- 
 tween private individuals. 
 
 ESCRITURA. In Spanish law. A written 
 instrument. Every deed that is made by 
 the hand of a public escribano, or notary of 
 a corporation or council (concejo), or seal- 
 ed with the seal of the king or other au- 
 thorized persons. White, New Recop. bk. 3, 
 tit. 7, c. 5. 
 
 ESCROW. The delivery of a deed or oth- 
 er instrument (31 111. 538), actually exe- 
 cuted and ready for delivery -(42 Wis. 440) 
 to a stranger to the instrument (13 Ohio 
 St. 254) , to be by him delivered to the per- 
 son for whose benefit it is made, on the 
 performance of a condition, or the hap- 
 pening of a contingency (90 Ala. 294), or 
 to be redelivered to the depositor on failure 
 thereof (24 Neb. 86). 
 
 ESCROWL. In old English law. An es- 
 crow; a scroll. "And deliver the deed to a 
 stranger, as an escrowl." Perk. c. 1, § 9; 
 Id. c. 2, §§ 137, 138. 
 
 ESCUAGE. In old English law. Service 
 of the shield. Tenants who hold their land 
 by escuage hold by knight's service. 1 
 Thomas, Co. Litt. 272; Litt. § 95, 86b. 
 
 ESKIPPAMENTUM. Tackle or furnitute; 
 outfit. Certain towns in England were 
 bound to furnish certain ships at their own 
 expense, and with double skippage or 
 
ESKIPPER, or ESKIPPARE 
 
 365 
 
 EST AUTEM JUS 
 
 tackle. The modern word "outfit" would 
 seem to render the passage quite as satis- 
 factorily, though the conjecture of Cowell 
 has the advantage of antiquity. 
 
 ESKIPPER, or ESKIPPARE. To ship. 
 Kelham; East. Entr. 409. 
 
 ESKIPPESON. Shippage, or passage by 
 sea. Spelled, also, "skippeson." Cowell. 
 
 ESLISORS. See "Elisors." 
 
 ESNE. In old law. A hireling of servile 
 condition. 
 
 ESNECY. Eldership. In the English law, 
 this word signifies the right which the eld- 
 est coparcener of lands has to choose one 
 of the parts of the estate after it has been 
 divided. 
 
 ESPERA. The period fixed by a compe- 
 tent judge within which a party is to do 
 certain acts, as, e. g., to effect certain pay- 
 ments, present documents, etc.; and more 
 especially the privilege granted by law to 
 debtors, allowing them certain time for the 
 payment of their indebtedness. 
 
 ESPERONS. Spurs. 7 Coke, 13. 
 
 ESPLEES. The products which the land 
 or ground yields; as, the hay of the mead- 
 ows, the herbage of the pasture, corn or 
 other produce of the arable, rents and serv- 
 ices. Termes de la Ley. See 11 Serg. & R. 
 (Pa.) 275; Dane, Abr. Index. 
 
 ESPOUSALS. A mutual promise between 
 a man and a woman to marry each other 
 at some other time. It differs from a mar- 
 riage, because then the contract is com- 
 pleted. Wood, Inst. 57. 
 
 ESPURIO (Spanish). A spurious child; 
 one begotten on a woman who has promis- 
 cuous intercourse with many men. White, 
 New Recop. bk. 1, tit. 5, c. 2, § 1. 
 
 ESQUIRE. A title applied by courtesy to 
 officers of almost every description, to mem- 
 bers of the bar, and others. No one is en- 
 titled to it by law, and therefore it confers 
 no distinction in law. 
 
 In England, it is a title next above that 
 of a gentleman, and below that of a knight. 
 Camden reckons up four kinds of esquires 
 particularly regarded by the heralds: The 
 eldest sons of knights, and their eldest sons 
 in perpetual succession; the eldest sons of 
 the younger sons of peers, and their eldest 
 sons in like perpetual succession; esquires 
 created by the king's letters patent, or other 
 investiture, and their eldest sons; esquires 
 by virtue of their office, as justices of the 
 peace, and others who bear any office of 
 trust under the crown. 
 
 ESSARTER (Law Pr.) To cut down 
 woods; to clear land of trees and under- 
 wood; properly to thin woods by cutting 
 trees, etc., at intervals. Spelman. Common- 
 ly written "assart" (g. v.) 
 
 ESSARTUM. Assarted or cleared wood- 
 land. 
 
 ESSENCE OF THE CONTRACT. A stip- 
 ulation is said to be "of the essence of the 
 contract" when a strict compliance with its 
 terms is essential to due performance. 
 
 ESSENDI QUIETAM DE THEOLONIA 
 (Lat. of being quit of toll). A writ which 
 lay anciently for the citizens of burgesses 
 of a town which was entitled to exemption 
 from toll, in case toll was demanded of 
 them. Fitzh. Nat. Brev. 226 (I). 
 
 ESSOIN, or ESSOIGN. In old English law. 
 An excuse for not appearing in court at 
 the return of the process; presentation of 
 such excuse. Spelman; 1 Sellon, Prac. 4; 
 Comjm, Dig. "Exoine" (B 1). Essoin is 
 not now allowed at all in personal actions. 
 2 Term R. 16; 16 East, 7 (a) ; 3 Shars- 
 wood, Bl. Comm. 278, note. 
 
 ESSOIN DAY. Formerly, tlie first day In 
 the term was essoin day; now practically 
 abolished. Dowl. 448; 3 Sharswood, Bl. 
 Comm. 278, note. 
 
 ESSOIN DE MALO VILLAE. When the 
 defendant is in court the first day, but gone 
 without pleading, and being afterwards 
 surprised by sickness, etc., cannot attend, 
 he may send two essoiners, who openly pro- 
 test in court that he is detained by sick- 
 ness in such a village, that he cannot come 
 pro lucrari and pro perdere; and this will 
 be admitted, for it lieth on the plaintiff to 
 prove whether the essoin is true or not. 
 Jacob. 
 
 ESSOIN ROLL. The roll containing the 
 essoins and the day of adjournment. Ros- 
 coe. Real Actions, 162 et seq. 
 
 ESSOINIATOR, or ESSOINEOUR. An es- 
 sioner. One who was sent to present an ex- 
 cuse for another. 1 Reeve, Hist. Eng. Law, 
 116, 118. 
 
 EST ALIQUID QUOD NON OPORTET, 
 etiam si licet; quicquld vero non licet certe 
 non oportet. There are some things which 
 are not proper, though lawful; but certain- 
 ly those things are not proper which are 
 not lawful. Hob. 159. 
 
 EST ASCAVOIR (Lat.) It is to be under- 
 stood or known; "it is to wit." Litt. §§9, 
 45, 46, 57, 59. A very common expression 
 in Littleton, especially at the commence- 
 ment of a section; and, according to Lord 
 Coke, "it ever teacheth us some rule of 
 law, or general or sure leading point." Co. 
 Litt. 16. It seems to be derived from the 
 sciendum est (q. v.) of the civil law. 
 
 EST AUTEM JUS PUBLICUM ET PRI- 
 vatum, quod ex naturalibus praeceptis aut 
 gentium, aut civlum est collectum; et qu^d 
 In Jure scrlpto Jus appellatur, Id in lege An- 
 gliae rectum esse dicitur. Public and private 
 law is that which is collected from natural 
 
EST AUTEM VIS LEGEM 
 
 366 
 
 ESTATES 
 
 precepts, on the one hand of nations, on the 
 other of citizens; and that which in the 
 civil law is called jus, that in the law of 
 England is said to be right. Co. Litt. 558. 
 
 EST AUTEM VIS LEGEM SIMULAN8. 
 
 Violence may also put on the mask of law. 
 
 EST BONI JUDICIS AMPLIARE JURIS- 
 
 dlctionem. It is the part of a good judge to 
 extend the jurisdiction. Gilb. 14. 
 
 EST IPSORUM LEGISLATORUM TAN- 
 quam viva vox; rebus et non verbis legem 
 imponimus. The utterance of legislators 
 themselves is like the living voice; we im- 
 pose law upon things, not upon words. 10 
 Coke, 101. 
 
 EST QUIDDAM PERFECTIUS IN RE- 
 
 bus Ileitis. There is something more per- 
 fect in things allowed. Hob. 159. 
 
 ESTABLISH. This word occurs frequent- 
 ly in the constitution of the United States, 
 and it is there used in different meanings: 
 (1) To settle firmly, to fix unalterably; as, 
 to establish justice, which is the avowed ob- 
 ject of the constitution. (2) To make or 
 form; as, to establish a uniform j-ule of 
 naturalization, and uniform laws on the 
 subject of bankruptcies, — ^which evidently 
 does not mean that these laws shall be un- 
 alterably established as justice. (3) To 
 found, to create, to regulate; as, congress 
 shall have power to establish post roads 
 and post offices. (4) To found, recognize, 
 confirm, or admit; as. Congress shall make 
 no law respecting an establishment of re- 
 ligion. (5) To create, to ratify, or confirm; 
 as, "We, the people, etc., do ordain and es- 
 tablish this constitution." 1 Story, Const. 
 § 454. 
 
 ESTABLISHMENT, or ESTABLISSE- 
 ment. An ordinance or statute. Especially 
 used of those ordinances or statutes passed 
 in the reign of Edw. I. 2 Inst. 156; Britt. 
 c. 21. 
 
 Establissement is also used to denote the 
 settlement of dower by the husband upon 
 his wife. Britt. c. 102. 
 
 ESTABLISHMENT OF DOWER. The as- 
 surance of dower made by the husband, or 
 his friends, before or at the time of the 
 marriage. Britt. cc. 102, 103. 
 
 ESTADAL. In Spanish law. In Spanish 
 America this was a measure of land of six- 
 teen square varas, or yards. 2 White, New 
 Recop. 139. 
 
 ESTADIA. In Spanish law. The time for 
 which the party who has chartered a ves- 
 sel, or is bound to receive the cargo, has to 
 pay demurrage on account of his delay in 
 the execution of the contract. Called, also, 
 sobrestadia. 
 
 ESTATE BY ELEGIT. See "Elegit." 
 
 ESTATE BY STATUTE MERCHANT. An 
 estate whereby the creditor, under the cus- 
 tom of London, retained the possession of 
 all his debtor's lands until his debts were 
 paid. 1 Greenl. Cruise, Dig. 615. See 
 "Statute Merchant." 
 
 ESTATE IN VADIO. An estate In pledge. 
 
 ESTATE TAIL, QUASI. When a tenant 
 for life grants his estate to a man and his 
 heirs, as these words, though apt and proper 
 to create an estate tail, cannot do so, be- 
 cause the grantor, being only tenant for 
 life, cannot grant in perpetuum, therefore 
 they are said to create an estate tail quasi, 
 or improper. Brown. 
 
 ESTATE UPON CONDITION. See "Con- 
 dition." 
 
 ESTATES. The quantum and duration of 
 proprietary rights in lands, tenements, and 
 hereditaments; the theory of the common 
 law being that the tenant or owner is en- 
 titled to an estate in the land rather than 
 to the land iself. This doctrine of estates 
 was not found in the Roman law, or the 
 systems derived therefrom, and apparently 
 owes its place in our law to the prevalence 
 in England of the feudal system of tenures, 
 by which the tenant was regarded as hav- 
 ing interest short of absolute ownership, 
 the landlord having a possibility of a re- 
 version to him by the termination of the 
 tenant's interest. Tiffany, Real Prop. § 17. 
 The various estates, classified with refer- 
 ence to their quantum or duration, may be 
 tabulated as follows: 
 I. Freehold estates. 
 
 A. Estates of inheritance. 
 
 (1) Pee simple. 
 
 (2) Fee tail., 
 
 B. Estates not of inheritance (life es- 
 
 tates). 
 
 (1) Conventional life estates. 
 
 (a) Estates for life of the 
 tenant. 
 
 (b) Estates pur autre vie. 
 
 (2) Legal life estates. 
 
 (d) Tenancy in tail after pos- 
 sibility of issue extinct. 
 
 (b) Dower. 
 
 (c) Curtesy. 
 
 (d) Estate during coverture. 
 II. Estates less than freehold (leasehold es- 
 tates, chattels real). 
 
 A. Estates for years. 
 
 B. Tenancy at will. 
 
 C Tenancy from year to year. 
 D. Tenancy by sufferance. 
 Estates classified according as they give 
 rights of present or future enjoyment are: 
 I. Present estates. 
 II. Future estates. 
 
 A. Reversions. 
 
 B. Remainders. 
 
 C. Contingent uses. 
 
 D. Springing uses. 
 
 E. Shifting uses. 
 
 F. Executory devises. 
 
ESTATES 
 
 367 
 
 ESTATES 
 
 Classified according as they are owned 
 by one or more persons, and according to 
 the nature of the rights of several owners, 
 they are: 
 
 I. Estates in severalty. 
 II. Joint estates. 
 
 A. Joint tenancy. 
 
 B. Tenancy in common. 
 
 C. Tenancy in coparcenary. 
 
 D. Tenancy in entirety. 
 
 Freehold. An estate of freehold la 
 
 one which is to endure for an uncertain 
 period, which must, or at least may, last 
 during the life of some person. 
 
 Estate of Inheritance. An estate of 
 
 inheritance is any estate which may de- 
 scend to heirs. 1 Washb. Real Prop. 51. 
 All freehold estates are estates of inheri- 
 tance except estates for life. Crabb, Real 
 Prop. § 945. 
 
 Estates In Fee Simple. An estate in 
 
 fee simple is that which a man has where 
 lands are given to him and to his heirs ab- 
 solutely, without any end or limit put to 
 his estate. 2 Bl. Comm. 106; 1 Washb. Real 
 Prop. 51. 
 
 The word "simple" does not add any sig- 
 nificance, but is used to mark fully the dis- 
 tinction between an unqualified fee and 
 any class of conditional estates. 
 
 Estate In Fee Tail. An estate in fee 
 
 tail or estate tail is an estate of inheri- 
 tance which, if left to itself, will, after the 
 death of the first owner, descend to his 
 lawful issue as long as his posterity en- 
 dures in a regular order of descent from 
 one to another, and will terminate on the 
 failure of such posterity. It derives its ex- 
 istence from the statute de donis (q. v.) 
 
 Estate for Life. An estate for life is 
 
 a freehold interest which cannot extend 
 beyond the life or lives of some particular 
 person or persons, but which may possibly 
 endure for the period of such life or lives. 
 The estate is generally for the tenant's own 
 life, but made for the life of another person 
 or persons, in which case it is called an es- 
 tate pur autre vie. 
 
 Tenancy In Tail after Possibility of 
 
 Issue Extinct. Tenancy in tail after possi- 
 bility of issue extinct is where, upon the 
 death of the appointed wife of a donee in 
 special tail, or of one of two donees in 
 special tail without issue living, the donee 
 or survivor of the two donees takes for his 
 life, possibility of issue being extinct. 
 
 Dower. An estate in dower is an es- 
 tate which a widow has for her life in some 
 portion of the lands and tenements of which 
 her husband was seised at any time during 
 coverture, and which her issue might have 
 inherited if she had had any. 1 Washb. 
 Real Prop. 149; 2 Bl. Comm. 129; 4 Kent, 
 Comm. 41. See "Dower." 
 
 Curtesy. An estate by curtesy is that 
 
 estate to which a husband is entitled upon 
 the death of his wife in the lands or tene- 
 ments of which she was seised in fee in 
 possession during theii* coverture, provided 
 they have had lawful issue born alive, and 
 
 possibly capable of inheriting her estate. 1 
 Washb. Real Prop. 128; Co. Litt. 30a; 2 
 Bl. Comm. 126. See "Curtesy." 
 
 Estate during Coverture. An estate 
 during coverture is that right or interest 
 which a husband or wife has during cover- 
 ture in the lands and tenements of his or 
 her spouse. 
 
 Estate for Years. An estate for years 
 
 is an interest in lands by virtue of a con- 
 tract for the possession of them for a defi- 
 nite and limited period of time. 2 Bl. Comm. 
 140. See "Tenancy." 
 
 Tenancy at Will. An estate at will is 
 
 an estate in lands which the tenant has, by 
 entry made thereon under a demise, to hold 
 during the joint wills of the parties to the 
 same. 2 Bl. Comm. 145. See "Tenancy." 
 
 Tenancy from Year to Year. A ten- 
 ancy from year to year is an interest in 
 lands for a term of one year certain, con- 
 tinuing for successive years, unless due no- 
 tice be given to determine it at the end of 
 the first or any subsequent year. See "Ten- 
 ancy." 
 
 rTenancy by Sufferance. An estate at 
 
 sufferance is the interest of a tenant who 
 has come rightfully into the possession of 
 lands by permission of the owner, and con- 
 tinues to occupy the same after the period 
 for which he is entitled to hold by such 
 permission, 1 Washb. Real Prop. 392. See 
 "Tenancy." 
 
 Estate in Possession. An estate in 
 
 possession is an estate where the tenant is 
 in actual possession of the premises, or in 
 receipt of the rents and other advances 
 arising therefrom. 2 Bl. Comm. 163. 
 
 Estate in Expectancy. An estate in 
 
 expectancy is one giving a present or vest- 
 ed contingent right of future enjoyment. 
 See "Expectancy." 
 
 Reversion. An estate in reversion is 
 
 the residue of an estate left in the grantor 
 to commence in possession after the deter- 
 mination of some particular estate granted 
 out by him. 2 Bl. Comm. 175. See "Rever- 
 sion." 
 
 Remainders. An estate in' remainder 
 
 is an estate limited to take effect in pos- 
 session or in enjoyment, or in both, subject 
 to a term of years or contingent interest to 
 intervene, which intermediate interest is 
 created by the same instrument out of the 
 same subject of property. 2 Fearne, Cont. 
 Rem. § 159. See "Remainder." 
 
 Springing, Shifting, and Contingent 
 
 Uses. See "Uses." 
 
 Executory Devises. See "Devise." 
 
 Estate In Severalty, An estate in sev- 
 eralty is one held by a person in his own 
 right, without any other person being joined 
 or connected with him in point of interest 
 during his estate. 2 Bl. Comm. 179. 
 
 Joint Estate. A joint estate is one In 
 
 which two or more persons are joined in 
 interest. 
 
 Joint Tenancy. An estate of joint ten- 
 ancy is that which subsists where several 
 persons have any subject of property joint- 
 
ESTATES OF THE REALM 
 
 368 
 
 ESTREPEMENT 
 
 ly between them in equal shares by pur- 
 chase. 1 Bl. Comm. 180; Williams, Real 
 Prop. 112. There must be unity of time, 
 title, interest, and possession. See "Joint 
 Tenants." 
 
 Tenancy in Common. An estate In 
 
 common one held in joint possession by 
 two or more persons at the same time by 
 several and distinct titles. This estate has 
 the single unity of possession. 2 Bl. Comm. 
 191; 4 Kent, Comm. 366. See "Tenants in 
 Common." 
 
 Estate in Coparcenary, An estate 
 
 which several persons hold as one heir, 
 whether male or female. This estate has 
 unity of time, title and possession, but the 
 interest of the coparceners may be un- 
 equal. 2 Bl. Comm. 188; 4 Kent, Comm. 
 366. 
 
 Tenancy in Entirety. The estate aris- 
 ing on a conveyance to a man and his wife 
 jointly. They are seised, not of moieties, 
 but of entireties. 16 Mass. 480; 14 N. Y. 
 430. 
 
 ESTATES OF THE REALiW. The lords 
 spiritual, the lords temporal, and the com- 
 mons of Great Britain. 1 Bl. Comm. 153. 
 Sometimes called the "three estates." 
 
 ESTER iN JUDGMENT. To appear before 
 a tribunal either as plaintiff or defendant. 
 
 ESTOPPEL. The preclusion of a person 
 from asserting a fact by previous conduct, 
 inconsistent therewith, on his own part, or 
 the part of those under whom he claims, or 
 by a solemn establishment, which he cannot 
 be allowed to call in question. 
 
 A preclusion, in law, which prevents a 
 man from alleging or denying a fact, in 
 consequence of his own previous act, allega- 
 tion, or denial of a contrary tenor. Steph. 
 PI. 239. 
 
 "Estoppe cometh of the French word es- 
 toupe, from whence the English word 
 'stopped,' and it is called an 'estoppel' or 
 'conclusion' because a man's own act or ac- 
 ceptance stoppeth his mouth to allege or 
 plead the truth." Co. Litt. 352a. 
 
 Estoppel is either by record, by deed, or 
 by facts in pais. 
 
 (1) Estoppel by record is the preclusion 
 of one to deny that which either appears 
 by the roll of a legislature, or has been ad- 
 judicated by a court of competent jurisdic- 
 tion. See "Former Adjudication." 
 
 (2) Estoppel by deed is the preclusion of 
 one to deny that which he has asserted by 
 an agreement or conveyance under seal. See 
 7 Conn. 214; 13 Pick. (Mass.) 670; 62 111. 
 344; 18 Johns. (N. Y.) 492. 
 
 (3) Estoppel by facts in pais, commonly 
 called "estoppel in pais," is the preclusion of 
 one to deny that which, by his conduct, he 
 may have induced another to believe and 
 act on to his prejudice. 129 111. 657; 60 
 Minn. 331; 22 N. J. Law, 619; 46 Ohio St. 
 255. 
 
 In the early common law, estoppel in pais 
 was practically unrecognized (27 Conn. 
 
 282), the present doctrine being of equi- 
 table creation. 
 
 ESTOVERiA SUNT ARDENDI, ARANDI, 
 construendi, et claudendi. Estovers are tor 
 burning, ploughing, building, and inclosing. 
 13 Coke, 68. 
 
 ESTOVERIIS HABENDiS. A writ which 
 anciently lay for a wife, judicially sepa- 
 rated from her husband, to recover her ali- 
 mony or estovers. 
 
 ESTOVERS (estouviers, necessaries; 
 from estoffer, to furnish) . The right or priv- 
 ilege which a tenant has to furnish himself 
 with so much wood from the demised prem- 
 ises as may be sufficient or necessary for 
 his fuel, fences, and other agricultural op- 
 erations. 2 Bl. Comm. 35; Woodf. Landl. 
 & Ten. 232; 10 Wend. (N. Y.) 639. 
 
 ESTRAY, An animal of value, not wild, 
 found wandering from its owner; cattle 
 whose owner is unknown. 2 Kent, Comm. 
 359. 
 
 It is essential (1) that the animal should 
 be by its nature tame or reclaimable (1 Bl. 
 Comm. 298) ; (2) that it should be an ani- 
 mal upon which the law sets a value (Id.) ; 
 (3) that it should not only be away from 
 the owner, but running at large (36 N. J. 
 Law, 235). The manner in which the ani- 
 mal escaped from the owner has been said 
 to be immaterial. 70 Iowa, 509. But see 63 
 III. 88. 
 
 ESTREAT. A true copy or note of some 
 original writing or record, and especially 
 of fines and amercements imposed by a 
 court, extracted from the record, and cer- 
 tified to a. proper officer or officers, author- 
 ized and required to collect them. Pitzh. 
 Nat. Brev. 57, 76. A forfeited recogni- 
 zance taken out from among the other rec- 
 ords for the purpose of being sent up to 
 the exchequer, that the parties might be 
 sued thereon, was said to be estreated. 4 
 Bl. Comm. 253. 
 
 ESTRECIATUS. Straightened, as applied 
 to roads. Cowell. 
 
 ESTREPE, To strip; to commit waste, 
 
 ESTREPEiVIENT. A common-law writ for 
 the prevention of waste. 
 
 The writ lay a,t common law to prevent a 
 party in possession from committing waste 
 on an estate the title to which was disputed, 
 after judgment obtained in any real action, 
 and before possession was delivered hy the 
 sheriff. But, as waste might be committed 
 in some cases pending the suit, the statute 
 of Gloucester gave another writ of estrepe- 
 ment pendente plaoito, commanding the 
 sheriff firmly, to inhibit the tenant "ne 
 fadat vastum vel strepementum pendente 
 placito dicto indiscusso." By virtue of 
 either of these writs, the sheriff may resist 
 1 those who commit waste, or offer to do so; 
 and he might use sufficient force for the 
 'purpose. 3 Bl. Conrni. 225, 226. 
 
ET 
 
 369 
 
 ET SIC 
 
 This writ is sometimes directed to the 
 sheriff and the party in possession of the 
 lands, in order to make him amenable to 
 the court as for a contempt in case of his 
 disobedience to the injunction of the writ. 
 At common law, the process proper to bring 
 the tenant into court is a venire facias, and 
 thereon an attachment. Upon the defend- 
 ant's coming in, the plaintiff declares 
 against him. The defendant usually pleads 
 "that he has done no waste contrary to the 
 prohibition of the writ." The issue on this 
 plea is tried by a jury, and, in case they 
 find against the defendant, they assess 
 damages which the plaintiff recovers. But, 
 as this verdict convicts the defendant of a 
 contempt, the court proceed against him for. 
 that cause as in other cases. 2 Inst. 329; 
 East. Entr. 317; Moore, 100; 1 Bos. & P. 
 121; 2 Lilly, Reg.; 5 Coke, 119; Keg. Brev. 
 76, 77. 
 
 In Pennsylvania, by legislative enact- 
 ment, the remedy by estrepement is ex- 
 tended for the benefit of any owner of land 
 leased for years or at will, at any time 
 during the continuance or after the expira- 
 tion of such demise, and due notice given 
 to the tenant to leave the same, agreeably 
 to law; or for any purchaser at sheriff or 
 coroner's sale of lands, etc., after he has 
 been declared the highest bidder by the 
 sheriff or coroner; or for any mortgagee or 
 judgment creditor, after the lands bound 
 by such judgment or mortgage shall have 
 been condemned by inquisition, or which 
 may be subject to be sold by a_ writ of 
 venditioni exponas or levari facias. See 
 10 Viner, Abr. 497; Woodf. Landl. & Ten. 
 447; Archb. Civ. PI. 17; 7 Comyn, Dig. 
 659. 
 
 ET (Lat.) And. 
 
 ET ADJOURNATUR (or ADJORNATUR) 
 
 (Law Lat. and it is adjourned). A phrase 
 used in the old reports, where the argu- 
 ment of a cause was adjourned to another 
 day, or where a second argument was had. 
 Y. B. T, 3 Edw. III. 37; 1 Keb. 692, 754, 
 773; Keilw. 65; Hardr. 68; Cro. Eliz. 180; 
 T. Raym. 55. See "Adjournatur." 
 
 ET AL. Abbreviation of et alius, or 
 alium, and another. Et als., abbreviation of 
 et alios, and others. 
 
 Abbreviations used in entitling causes 
 where there are two or more parties. 
 
 ET ALII E CONTRA (Lat. and others on 
 the other side). A phrase constantly used 
 in the Year Books, in describing a joinder 
 in issue. Y. B. P. 1 Edw. II. Prist; et alii 
 e contra, et sic ad patriam, ready; and 
 others, e contra, and so to the country. Y. 
 B. T. 3 Edw. III. 4. 
 
 ET DE CEO SE METTENT EN LE PAYS 
 (Law Fr.) And of this they put them- 
 selves upon the country. Fet. Assaver, § 64. 
 
 ET DE HOC PONIT SE SUPER PATRIAM 
 (Lat. and of this he puts himself upon 
 
 the country). The Latin form of concluding 
 a traverse. See 3 Bl. Comm. 313. 
 
 ET El LEG1TUR IN HAEC VERBA (Law 
 Lat. and it is read to him in these words). 
 Words formerly used in entering the prayer 
 of oyer on record. 
 
 ET HABEAS IBI TUNC HOC BREVE 
 (Law Lat. and have you then there this 
 writ). A clause in old writs, expressive of 
 the command to return to them. Reg. Jud. 
 1; Fleta, lib. 2, c. 64, § 19; Towns. PI. 166. 
 Literally translated in the modern forms. 
 
 ET H ABU IT (Lat. and he had it). A com- 
 mon phrase in the Year Books, expressive 
 of the allowance of an application or de- 
 mand by a party. Parn. demanda la view, 
 Et habuit, etc. Y. B. M. 6 Edw. III. 49. 
 
 ET HOC PARATUS EST VERIFICARE 
 
 (Lat. and this he is prepared to verify). 
 The Latin form of concluding a plea in con- 
 fession and avoidance; that is, where the 
 defendant has confessed all that the plain- 
 tiff has set forth, and has pleaded new mat- 
 ter in avoidance. 1 Salk. 2. 
 
 ET HOC PETIT QUOD 1NQU1RATUR 
 per patriam (Lat. and this he prays may be 
 inquired into by his country). The con- 
 clusion of a plea tendering an issue to the 
 country. 1 Salk. 3. 
 
 ET INDE PETIT JUDICIUM (Lat. and 
 thereupon [or thereof] he prays judgment) . 
 A clause at the end of pleadings, praying 
 the judgment of the court in favor of the 
 party pleading. It occurs as early as the 
 time of Bracton, and is literally translated 
 in the modern forms. Bracton, fol. 57b; 
 Crabb, Hist. Eng. Law, 217. 
 
 ET INDE PRODUCIT SECTAM (Lat. and 
 thereupon he brings suit) . The Latin con- 
 clusion of a declaration, except against at- 
 torneys and other officers of the court. 3 
 Sharswood, Bl. Comm. 295. 
 
 ET MODO AD HUNC DIEM (Lat. and 
 now at this day). The Latin form of the 
 commencement of the record on appearance 
 of the parties. 
 
 ET NON (Lat. and not). These words are 
 sometimes employed in pleading to convey 
 a pointed denial. They have the same ef- 
 fect as "without this," absque hoc. 
 
 ET SEQ. (Lat. et sequentia, and follow- 
 ing). Ordinarily used with a reference to 
 the first of several consecutive pages or 
 chapters desired to be cited, as "page 246 
 et seq." 
 
 ET SIC (Law Lat. and so). The com- 
 mencement of a formula, as, et sic nil debet, 
 et sic nan est factum, formerly used as a 
 special conclusion to a plea in bar, in order 
 to render it positive, and to avoid the fault 
 of argumentativeness. Archb. Civ. PI. 224; 
 Mansel, Demurrer, 75. 
 
ET SIC AD JUDICIUM 
 
 370 
 
 EVIDENCE 
 
 ET SIC AD JUDICIUM. And so to judg- 
 ment, Y. B. T. 1 Edw. II. 10. 
 
 ET SIC AD PATRIAM (Law Lat. and so 
 to the country). A common phrase in the 
 Year Books, in recording an issue to the 
 country. II ne dona pas, prist, etc., et alii e 
 contra; et sic ad patriwm. Y. B. M, 3 Edw. 
 III. 29. 
 
 ET SIC FECIT (Lat.) And he did so. Y. 
 B. P. 9 Hen. VI. 17. 
 
 ET SIC PENDET (Lat. and so it hangs). 
 A term used in the old reports to signify 
 that a point was left undetermined. T. 
 Ra3rm. 168. Et sic pendet placitum, and so 
 the plea hangs. Y. B. T. 1 Edw. II. 8. 
 
 ET SIC ULTERIUS (Lat.) And so on; 
 and so further; and so forth. Fleta, lib. 2, 
 c. 50, § 27. 
 
 ET UX (Lat.) Abbreviation for et uxor, 
 —"and wife." 
 
 ETCAETERA (Lat. and others; and other 
 things). The abbreviation etc. was former- 
 ly much used in pleading to avoid the in- 
 conveniences attendant upon making full 
 and half defense. See "Defense." It is not 
 generally to be used in solemn instruments. 
 See 6 Serg. & R. (Pa.) 427. 
 
 EUM QUI NOCENTEM INFAMAT, NGN 
 est aequum et bonum ob earn rem condem- 
 nari; delicta enim nocentium nota esse opor- 
 tet et expedit. It Is not just and proper that 
 he who speaks ill of a bad man should be 
 condemned on that account; for it is fitting 
 and expedient that the crimes of bad men 
 should be known. Dig. 47. 10. 17; 1 Bl. 
 Comm. 125. 
 
 EUNDO, MORANDO ET REDEUNDO 
 (Lat.) This Latin phrase signifies going, 
 remaining, and returning. It is employed 
 in cases where a person, either as a party, 
 a vdtness, or one acting in some other ca- 
 pacity, as an elector, is privileged from 
 arrest, in order to give him the freedom 
 necessary to the performance of his re- 
 spective obligations, to signify that he is 
 protected from arrest eundo, morando et re- 
 deundo. See 3 Bouv. Inst, note 3380. 
 
 EUNOMY. Equal laws and a well-adjust- 
 ed constitution of government. 
 
 EUNUCH. A male whose organs of gen- 
 eration have been so far removed or disor- 
 ganized that he is rendered incapable of 
 reproducing his species. Domat, Civ. Law, 
 liv. prel. tit. 2, § 1, note 10. 
 
 EVAS 10 (Lat.) In old practice. Escape; 
 an escape from prison or custody. Reg. 
 Orig. 312; Fleta, lib. 1, c. 26, § 4. 
 
 EVASION (Lat. evadere, to avoid). A 
 subtle device to set aside the truth or es- 
 cape the punishment of the law; as, if_ a 
 man should tempt another to strike him 
 
 first, in order that he might have a,n op- 
 portunity of returning the blow with im- 
 punity. He is, nevertheless, punishable, be- 
 cause he becomes himself the aggressor in 
 such a case. It is not a technical term. 
 Hawk. P. C. c. 31, §§ 24, 25; Bac. Abr. 
 "Fraud" (A), 
 
 EVENTUS EST QUI EX CAUSA SEQUI- 
 tur; et dicitur eventus quia ex causis even it. 
 An event in that which follows 'from the 
 cause, and is called an "event" because it 
 eventuates from causes. 9 Coke, 81. 
 
 EVENTUS VARIOS RES NOVA SEIVI- 
 per habet. A new matter always produces 
 various events. Co. Litt. 379. 
 
 EVERY. Every was formerly spelt "ev- 
 erich," that is, ever each, and the true 
 meaning is "each one of all." 2 De G. F. & 
 J. 172. 
 
 EVICTION. Depriving a person of the 
 possession of his lands or tenements. Tech- 
 nically, the dispossession must be by judg- 
 ment of law; if otherwise, it is an ouster 
 (32 Iowa, 71), but in modern usage it is 
 commonly applied to dispossession in any 
 manner (44 N. Y. 382; 39 Cal. 360; 98 N. 
 C. 239.) 
 
 Eviction may be total or partial. 
 
 (1) Total eviction takes place when the 
 possessor is wholly deprived of his rights 
 in the premises. 
 
 (2) Partial eviction takes place when the 
 possessor is deprived of only a portion of 
 them; as, if a third person comes in and 
 ejects him from the possession of half his 
 land, or establishes a right to some ease- 
 ment over it, by a title which is prior to 
 that under which he holds. 
 
 It may be actual or constructive. 
 
 (3) Actual eviction is where one is, either 
 by force or by process of law, actually put 
 out of possession. 
 
 (4) Constructive eviction is such acts of 
 wrongful interference as seriously impair 
 the enjoyment of the premises. 132 Mass. 
 367; 20 N. Y. 281. 
 
 Thus, the erection by the landlord on the 
 demised premises, of a permanent struct- 
 ure, which rendered two rooms in the de- 
 mised house unfit for use, is a constructive 
 eviction. 106 Mass. 201. 
 
 EVIDENCE. That which tends to prove or 
 disprove any matter in question, or to in- 
 fluence the belief respecting it. Belief is 
 produced by the consideration of something 
 presented to the mind. The matter thus pre- 
 sented, in whatever shape it may come, and 
 through whatever material organ it is de- 
 rived is evidence. Prof. Parker, Lectures 
 on Medical Jurisprudence, in Dartmouth 
 College, N. H.. , . , , 
 
 The word "evidence," m l^al accepta- 
 tion, includes all the means by which any 
 alleged matter of fact, the truth of which 
 is submitted to investigation, is estabhshed 
 or disproved. 1 Greenl. Ev. c. 1, § 1. 
 
EVIDENCE 
 
 371 
 
 EVIDENCE, DIRECT 
 
 That which is legally submitted to a jury, 
 to enable them to decide upon the questions 
 in dispute, or issues, as pointed out by the 
 pleadings, and distinguished from all com- 
 ment and argument, is termed "evidence." 
 1 Starkie, Ev. pt. 1, § 3. 
 
 "Any matter of fact the effect, tendency, 
 or design of which is to produce in the mind 
 a persuasion affirmative or disaffirmative of 
 the existence of some other matter of fact." 
 Best, Ev. § 11. 
 
 "Evidence" is to be distinguished from 
 "proof." Evidence is not proof, but the 
 medium of proof. Proof is the effect or re- 
 sult of evidence. 1 Greenl. Ev. § 1. "Proof 
 is the perfection of evidence. Without evi- 
 dence there can be no proof, though there 
 may be evidence which does not amount to 
 proof." Wills, Circ. Ev. 2. 
 
 It is also to be distinguished from "tes- 
 timony," which excludes documentary evi- 
 dence. Testimony embraces only the dec- 
 laration of witnesses made under oath. 
 "Testimony is but one of the several instru- 
 ments of evidence, and cannot be consid- 
 ered the equivalent thereof, for evidence 
 embraces not only testimony, but private 
 writings and public documents." Thomp. 
 Trials, § 2784; 3 Wyo. 388; 7 Ind. 94; 76 
 Hun (N. Y.) 427. 
 
 Evidence may be classified with reference 
 to its instruments, its nature, its legal 
 character, its effect, its object. 
 
 (1) The instruments , of evidence, in the 
 legal acceptation of the term, are: 
 
 (a) Judicial notice or recognition, being 
 notice taken by the court, without the in- 
 troduction of proof by the parties of mat- 
 ters, such as the territorial extent of their 
 jurisdiction, local divisions of their own 
 countries, seats of courts, etc. If the judge 
 needs information on subjects, he will seek 
 it from such sources as he deems authentic. 
 See 1 Greenl. Ev. c. 2. 
 
 (b) Documentary evidence, including pub- 
 lic records. The registers of official trans- 
 actions made by officers appointed for the 
 purpose; as, the public statutes, the judg- 
 ments and proceedings of courts, etc. Ju- 
 dicial writings, such as inquisitions, depo- 
 sitions, etc. Public documents having a 
 semi-official character, as, the statute books 
 published under the authority of the gov- 
 ernment, documents printed by the author- 
 ity of congress, etc. Private writings, as, 
 deeds, contracts, wills. 
 
 (c) Parol evidence, being the testimony 
 of witnesses. 
 
 (d) Real evidence, being that which is 
 addressed to the senses of the court with- 
 out the intervention of testimony, as by the 
 production in court of an object. 
 
 (2) In its nature, evidence is direct or 
 indirect. 
 
 (a) Direct evidence is that means of 
 proof which tends to show the existence of 
 a fact in question, without the intervention 
 of the proof of any other fact. 
 
 It is that evidence which, if believed, es- 
 tablishes the truth of a fact in issue, and 
 
 does not arise from any presumption. Evi- 
 dence is direct and positive when the very 
 facts in dispute are communicated by those 
 who have the actual knowledge of them by 
 means of their senses. 1 Phil. Ev. 116; 1 
 Starkie, Ev. 19; Burrill, Circ. Ev. 4; 1 
 Greenl. Ev. § 13. 
 
 (b) Indirect (evidence is that which is ap- 
 plied to the principal fact indirectly by the 
 proof of circumstances from which the 
 principal fact is inferred. Indirect evidence 
 is commonly known as "circumstantial evi- 
 dence." See "Circumstantial Evidence." 
 
 Evidence has also been divided into real 
 or demonstrative evidence, and moral evi- 
 dence, the latter including all evidence 
 which is not demonstrative. Brad. Ev. § 15; 
 Gamb. Moral Ev. 121. 
 
 (3) With regard to its legal character, 
 evidence is either primary or secondary. 
 
 (a) Primary, sometimes called "best," 
 evidence is that which most certainly ex- 
 hibits the true state of facts to which it 
 relates. The rule is one of quality of evi- 
 dence, not of quantity (17 Md. 67), and is 
 not based on mere credibility, but on the 
 degree of proximity of the proof to the 
 principal fact to be proved. See "Best Evi- 
 dence." 
 
 (b) Secondary evidence is any evidence 
 suggesting in its nature that there is more 
 direct evidence of the same fact. Hearsay 
 evidence is a tjrpe of secondary evidence. 
 See "Hearsay Evidence." 
 
 (4) As to its effect, evidence is either 
 prima facie or conclusive. 
 
 (a) Prima facie evidence is that evidence 
 which is sufficient proof respecting the mat- 
 ter in question until it is contradicted, but 
 which may be contradicted or controlled. 
 
 Satisfactory evidence is that which pro- 
 duces the degree of certainty required in 
 the case in hand. 1 Greenl. Ev. § 6; 70 Mo. 
 248. ■ 
 
 (b) Conclusive evidence is that which es- 
 tablishes the fact, and is not subject to con- 
 tradiction. 
 
 (5) As to its object, evidence is either 
 substantive evidence, or evidence to credi- 
 bility. 
 
 (a) Substantive evidence is that ad- 
 dressed directly to the point in controversy. 
 
 (b) Evidence to credibility is that which 
 neither proves nor disproves the principal 
 fact, but merely impeaches or sustains wit- 
 nesses by whom the principal fact has been 
 proved or disproved. 
 
 Among the kinds of substantive evidence 
 are "cumulative evidence," which is further 
 evidence of the same kind to the same point, 
 and "corroborative evidence," which is fur- 
 ther evidence of a different kind to the 
 same point. Underh. Ev. § 2. 
 
 EVIDENCE, CIRCUMSTANTIAL. See 
 "Circumstantial Evidence." 
 
 EVIDENCE, CONCLUSIVE. See "Conclu- 
 sive Evidence." 
 
 EVIDENCE, DIRECT. See "Evidence." 
 
EVIDENCE, EXTRINSIC 
 
 372 
 
 EX DOLO MALO 
 
 EVIDENCE, EXTRINSIC. Extenral evi- 
 dence, or that which is not contained in the 
 body of a writing. 
 
 EVIDENCE OF DEBT. A written instru- 
 ment given as an acknowledgment of an in- 
 debtedness, or as security therefor, and 
 showing on its face the existence of the 
 debt. 
 
 EVIDENCE OF TITLE. A deed or other 
 document establishing the title to property, 
 especially real estate; quibus jus praedio- 
 rum firmatur. Spelman. 
 
 EVIDENTIARY. Having the quality of 
 evidence; constituting evidence; evidencing. 
 A term introduced by Bentham, and, from 
 its convenience, adopted by other writers. 
 Burrill, Circ. Ev. 3, and note. 
 
 EVIDENTIARY FACTS. The facts from 
 which the' existence of the principal facts 
 is inferred, and which are mere evidence 
 of such facts. 105 111. 48. 
 
 EVOCATION. In French law. The act by 
 which a judge is deprived of the cognizance 
 of a suit over which he had jurisdiction, for 
 the purpose of conferring on other judges 
 the power of deciding it.^It is like the pro- 
 cess by writ of certiorwn. 
 
 EWAGE. A toll paid for water passage. 
 Cpwell. The same as aquagium. 
 
 EWBRICE. Adultery; spouse breach; 
 marriage breach. Cowell; Tomlin. 
 
 EX (Lat.) From; of; out of; by or with; 
 on; upon; according to; at or in. 
 
 EX ABUNDANTI CAUTELA (Lat.) Out 
 of abundant caution. "The practice has 
 arisen abundanti cautela." 8 East, 326; 
 Lord EUenborough, 4 Maule & S. 544. 
 
 EX ADVERSO (Lat.) On the other side. 
 2 Show. 461. Applied to counsel. 
 
 EX AEQUITATE (Lat.) According to 
 equity; in equity. Fleta, lib. 3, c. 10, § 3. 
 
 EX AEQUO ET BONO (Lat.) In justice 
 and good dealing. 1 Story, Eq. Jur. § 965. 
 
 EX ALTERA PARTE (Lat.) Of the other 
 part. Y. B. H. 6 Edw. II. 191. 
 
 EX ANTECEDENTIBUS ET CONSE- 
 quentibus fit optima tntepretatio. The best 
 interpretation is made from antecedents and 
 consequents. 2 Pars. Cont. 12, note (r) ; 
 Broom, Leg. Max. (3d London Ed.) 513; 2 
 Inst. 317; 2 Sharswood, Bl. Comm. 379; 1 
 Bulst. 101; 15 East, 541. 
 
 EX ARBITRIO JUDICIS (Lat.) At, in, or 
 upon the discretion of the judge. 4 Bl. 
 Comm. 394. A term of the civil law. Inst. 
 4. 6. 31. 
 
 EX ASSENSU CURIAE (Law Lat.) With 
 the consent of the court. "Ex assensu totius 
 curiae, Crew, J., gave judgment." Latch. 
 139. 
 
 EX ASSENSU PATRIS (Lat.) By or with 
 the father's consent. Litt. § 40; 2 Bl, 
 Comm. 133. See Cro. Jac. 415, 587. 
 
 EX ASSENSU SUO (Law Lat. with his 
 assent). Formal words in judgments for 
 damages by default. Comb. 220. 
 
 EX BONIS (Lat. of the goods or proper- 
 ty). A term of the civil law; distinguished 
 from in bonis, as being descriptive of or 
 applicable to property not in actual posses- 
 sion. Calv. Lex. 
 
 EX CAUSA (Law Lat.) By title. 
 
 EX CERTA SCIENTIA (Lat. of certain or 
 sure knowledge). Formal words anciently 
 used in letters patent, implying that the 
 king had full knowledge and understanding 
 of the matter. 1 Coke, 40b. 
 
 EX COLORE. Under color of. 
 
 EX COMITATE (Lat.) Out of comity or 
 courtesy; by courtesy. 2 Kent, Comm. 457. 
 
 EX COMMODATO (Lat. from or out of 
 loan). A term applied in the old law of 
 England to a right of action arising out of 
 a loan (commodatum) . Glanv. lib. 10, c. 
 13; 1 Reeve, Hist. Eng. Law, 166. 
 
 EX COMPARATIONE SCRIPTORUIVI 
 (Law Lat.) By a comparison of writings or 
 handwritings;' a term in the law of evi- 
 dence. Best, Pres. 218. 
 
 EX CONCESSIS (Lat.) From things or 
 premises granted. 
 
 EX CONSULTO (Lat.) With deliberation. 
 
 EX CONTINENTI (Lat.) Immediately; 
 without any interval or delay; incontinent- 
 ly. A term of the civil law. Calv. Lex. 
 
 EX CONTRACTU. See "Action." 
 
 EX CURIA. Out of court. 
 
 EX DEBITO JUSTITIAE (Lat.) As a debt 
 of justice; as a matter of legal right. 3 Bl. 
 Comm. 48. 
 
 EX DEFECTU SANGUINIS (Law Lat.) 
 From failure of blood; for want of issue. 
 Hale, Anal. § 29. 
 
 EX DELICTO. See "Action." 
 
 EX DEMISSIONE (Law Lat.) From, or 
 on the demise. Usually abbreviated ex dem. t 
 
 EX Dl RECTO (law Lat.) Directly; im- 
 mediately. Story, Bills, § 199. 
 
 EX DIUTURNITATE TEMPORIS, OM- 
 nla praesumuntur solemniter esse acta. 
 From length of time, all things are pre- 
 sumed to have been done in due form. Co. 
 Litt. 6; 1 Greenl. Ev. § 20; Best, Ev. § 43. 
 
 EX DOLO IVIALO (Lat.) Out of fraud or 
 deceit. When a cause of action arises from 
 
EX DOLO MALO NON 
 
 373 
 
 EX NECESSITATE REI 
 
 fr.aud or deceit, it cannot be supported, ex 
 dolo malo non oritur actio. 
 
 EX DOLO MALO NON ORITUR ACTIO. 
 
 A right of action cannot arise out of fraud. 
 Broom, Leg. Max. 349; Cowp. 343; 2 C. B. 
 501, 512, 515; 5 Scott, N. R. 558; 10 Mass. 
 276. 
 
 EX DONATIONIBUS AUTEM FEODA 
 militaria vel magnum serjeantlum non con- 
 tlnentibus oritur nobis quoddam nomen gen- 
 erale, quod est socagium. From grants not 
 containing military fees or grand serjean- 
 ty, a kind of general name is used by us, 
 which is "socage." Co. Litt. 86. 
 
 EX EIVIPTO (Lat. out oif purchase; found- 
 ed on purchase). A term of the civil law, 
 adopted by Bracton. Inst. 4. 6. 28; Bracton, 
 fol. 102. 
 
 EX FACIE (Law. Lat.) On the face. 2 
 Steph. Comm. 158. 
 
 EX FACTO (Lat.) From, by, or In conse- 
 quence of an act or thing done. Bracton, 
 fol. 172. Applied generally to an act done 
 in violation of law or right. A title is said 
 to originate ex facto when it commences in 
 an unlawful act. Id. Bracton uses it in 
 the same sense with de facto (q. v.) Id. 
 
 EX FACTO JUS ORITUR. The law arises 
 out of the fact. 2 Inst. 479; 2 Sharswood, 
 Bl. Comm. 329; Broom, Leg. Max. (3d 
 London Ed.) 99. 
 
 EX FICTIONE JURIS. Out of or by fiction 
 of law. Bracton, fol. 53. 
 
 EX FREQUENTI DELICTO AUGETUR 
 
 poena. Punishment increases with Increas- 
 ing crime. 2 Inst. 479. 
 
 EX GRATIA (Lat. of favor; of grace). 
 Words used formerly at the beginning of 
 royal grants, to indicate that they were not 
 made in consequence of any claim of legal 
 right. 
 
 EX GRAVI QUERELA (Law Lat. from or 
 on the grievous complaint). In old English 
 practice. The name of a writ (so called 
 from its initial words) which lay for a per- 
 son to whom any lands or tenements in fee 
 were devised by will, within any city, town, 
 or borough wherein lands were devisable by 
 custom, and the heir of the devisor entered 
 and detained them from him. Reg. Orig. 
 244b; Pitzh. Nat. Brev. 198 (L) et seq. 3 
 Reeve, Hist. Eng. Law, 49. Abolished by 
 St. 3 & 4 Wm. IV. c. 27, § 36. 
 
 EX HYPOTHESI. Upon the hypothesis. 
 
 EX INDUSTRIA (Lat.) Intentionally; 
 from fixed purpose. 
 
 EX INTEGRO. Anew; afresh. Bracton, 
 fol. 293. 
 
 EX JUSTA CAUSA (Lat.) From a just 
 or lawful cause; by a just or legal title. 
 
 EX LEGE. By law; by operation of law. 
 
 EX LEGIBUS (Lat. according to the 
 laws). A phrase of the civil law, which 
 means according to the intent or spirit of 
 the law, as well as according to the words 
 or letter Dig. 50. 16. 6. See Calv. Lex. 
 
 EX LICENTIA REGIS (Law Lat.) By the 
 king's license. 1 Bl. Comm. 168, note. 
 
 EX LOCATO (Lat. from or out of lease or 
 letting). A term of the civil law, applied to 
 actions or rights of action arising out of 
 the contract of locatum. Inst. 4. 6. 28. 
 Adopted at an early period in the law of 
 England. Bracton, fol. 102; 1 Reeve, Hist. 
 Eng. Law, 168. 
 
 EX MALEFICIO (Lat.) On account of 
 misconduct; by virtue of or out of an il- 
 legal act. Used in the civil law generally, 
 and sometimes in the common law. Browne, 
 St. Frauds, 110, note; Broom, Leg. Max. 
 351. 
 
 EX MALEFICIO NON ORITUR CON- 
 tractus. A contract cannot arise out of an 
 act radically wrong and illegal. Broom, Leg. 
 Max. (3d London Ed.) 660; 1 Term R. 734; 
 3 Term R. 422; 1 H. Bl. 324; 5 El. & Bl. 
 999, 1015. 
 
 EX MALIS MORIBUS BONAE LEGES 
 natae sunt. Good laws arise from evil man- 
 ners. 2 Inst. 161. 
 
 EX MERO MOTU (Lat.) Mere motion of 
 a party's own free will. Generally applied 
 to action by a court of its own motion. Sua 
 motu and sua sponte are used as synonyms. 
 
 EX MORA (Lat.) From the delay; from 
 the default. 
 
 EX MORE (Lat.) According to custom. 
 
 EX MULTITUDINE SIGNORUM, COL- 
 ligitur Identltas vera. From the great num- 
 ber of signs, true identity is ascertained. 
 Brae. Max. reg. 25; Broom, Leg. Max. (3d 
 London Ed.) 569. 
 
 EX MUTUO (Lat. from or out of loan). In 
 the old law of England, a debt was said to 
 arise ex mutuo when one lent another any- 
 thing which consisted in number, weight, or 
 measure. 1 Reeve, Hist. Eng. Law, 159; 
 Bracton, fol. 99. 
 
 EX NECESSITATE (Lat.) Of necessity. 
 3 Rep. Ch. 123. 
 
 EX NECESSITATE LEGIS (Lat.) From 
 the necessity of law. 
 
 EX NECESSITATE REI (Lat. from the 
 necessity of the thing). Many acts may be 
 done ex necessitate rei which would not be 
 justifiable without it; and sometimes prop- 
 erty is protected ex necessitate rei which, 
 under other circumstances, would not be so. 
 
EX NIHILO NIHIL FIT 
 
 374 
 
 EX POST FACTO LAW 
 
 EX NIHILO NIHIL FIT. From nothing 
 nothing comes. 13 Wend. (N. Y.) 178, 221; 
 18 Wend. (N. Y.) 257, 301. 
 
 EX NUDO PACTO NON ORITUR ACTIO. 
 
 No action arises on a contract without a 
 consideration. Noy, Max. 24; 3 Burrows, 
 1670; 2 Sharswood, BL Comm. 445; Chit. 
 Cont. (10th Am. Ed.) 25; 1 Story, Cont. 
 § 525. See "Nudum Pactum." 
 
 EX OFFICIO (Lat. by virtue of his office). 
 Many powers are granted and exercised by 
 public officers which are not expressly dele- 
 gated, or an office may be an incident to 
 another, and filled by the incumbent there- 
 of. Thus, the mayor may be ex officio a 
 member of the city board of control. A 
 judge, for example, may be ex officio a con- 
 servator of the peace and a justice of the 
 peace. 
 
 EX OFFICIO INFORMATIONS. Proceed- 
 ings filed in the English queen's bench di- 
 vision by the attorney general, at the di- 
 rect and proper instance of the crown, in 
 cases of such enormous misdemeanors as 
 peculiarly tend to disturb or endanger the 
 government, or to molest or affront the sov- 
 ereign in discharging the royal functions. 
 The information is tried by a jury of the 
 county where the offense arose, and for 
 that purpose, unless the case be of such im- 
 portance as to be tried at bar, it is sent 
 dovra by writ of nisi prius into that county 
 and tried either by a common or special 
 jury, like a civil action. 4 Steph. Comm. 
 (7th Ed.) 374; Wharton. 
 
 EX OFFICIO OATH (Lat.) An oath taken 
 by offending priests. Abolished by 18 Car. 
 II. St. 1, c. 12. 
 
 EX PACTO ILLICITO NON ORITUR AC- 
 tio. From an illicit contract no action arises. 
 Broom, Leg. Max. (3d London Ed.) 666; 7 
 Clark & F. 729. 
 
 EX PARTE (Lat. of the one part.) Many 
 things may be done ex parte, when the op- 
 posite party has had notice. An affidavit or 
 deposition is said to be taken ex parte 
 when only one of the parties attends to 
 taking the same. 
 
 Many proceedings commenced by an ex 
 parte application, as for writ of habeas cor- 
 pus, are so entitled, as Ex parte Hartman, 
 9 Abb. Pr. (N. S.) 124. 
 
 EX PARTE MATERNA (Lat.) On the 
 mother's side. 
 
 EX PARTE PATERNA (Lat.) On the 
 father's side. 
 
 EX PARTE TALIS (Law Lat.) In old Eng- 
 lish practice. The name of a writ which 
 lay for a bailiff or receiver, who, having 
 auditors assigned to hear his account, could 
 not obtain of them reasonable allowance, 
 but was cast into prison by them. Cowell; 
 Fitzh. Nat. Brev. 129 (F). 
 
 EX PAUCIS DICTIS INTENDERE PLU- 
 
 rima possis. You can imply many things 
 from few expressions. Litt. § 384. 
 
 EX POST FACTO (Lat. after the act). An 
 estate granted may be made good or avoid- 
 ed by matter ex post facto, when an elec- 
 tion is given to the party to accept or not to 
 accept. 1 Coke, 146. 
 
 EX POST FACTO LAW. A statute which 
 would render an act punishable in a man- 
 ner in which it was not punishable when it 
 was committed. 6 Cranch (U. S.) 188; 1 
 Kent, Comm. 408. A law made to punish 
 acts committed before the existence of such 
 law, and which had not been declared 
 crimes by preceding laws. Dec. Rights 
 Mass. pt. 1, § 24; Dee. Eights Md. art. 15. 
 
 "One which, in its operation, makes that 
 criminal or jjenal which was not so at the 
 time the action was performed, or which 
 increases the punishment, or, in short, 
 which, in relation to the offense or its con- 
 sequences, alters the situation of the party 
 to his disadvantage." 2 Wash. C. C. (U. 
 S.) 366. 
 
 Laws under the following circumstances 
 are to be considered ex post facto laws, 
 within Const, art. 1, § 10: (1) Every law 
 that makes an act done before the passing 
 of the law, and which was innocent when 
 done, criminal, and punishes such action. 
 (2) Every law that aggravates a crime, or 
 makes it greater than it was when com- 
 mitted. (8) Every law that changes the pun- 
 ishment, and inflicts a greater punishment 
 than the law annexed to the crime when 
 committed, though it would be otherwise of 
 a law mitigating the punishment. 3 Story, 
 Const. 212. (4) Every law that alters the 
 legal rules of evidence, and receives less 
 or different testimony than the law re- 
 quired at the time of the commission of the 
 offense, in order to convict the offender, 
 though it might be otherwise of a law mere- 
 ly modifying the remedy or mode of pro- 
 cedure. 3 DalL (U. S.) 386; 16 Ga. 102. 
 (5) A fifth class has been suggested, to 
 cover some exceptional cases, viz., laws that, 
 in relation to the offense or its conse- 
 quences, alter the situation of the party to 
 his disadvantage. 7 Am. & Eng. Enc. Law, 
 528. As, for example, where, after a crime 
 was committed, the law was so changed 
 that' a conviction of a lower degree was no 
 longer a bar, on a new trial being granted, 
 to a conviction of a higher degree. 107 U. 
 S. 22L 
 
 A law mitigating the punishment of pre- 
 viously committed crimes is not ex post 
 facto, within the meaning of the constitu- 
 tion. 12 Allen (Mass.) 421. Nor is a stat- 
 ute which regulates only mode of proced- 
 ure. 110 U. S. 574; 137 U. S. 483. 
 
 There is a distinction between ex post 
 facto laws and retrospective laws. Every 
 ex post facto law must necessarily be retro- 
 spective, but every retrospective law is not 
 an ex post facto, law; the former only are 
 prohibited. 
 
EX PRAECOGITATA MALICIA 
 
 375 
 
 EXACTION 
 
 It is fully settled that the term ex post 
 facto, as used in the constitution, is to be 
 taken in a limited sense as referring to 
 criminal or penal statutes alone, and that 
 the policy, the reason, and the humanity of 
 the prohibition against passing ex post 
 facto laws do not extend to civil cases, to 
 cases that merely affect the private prop- 
 erty of citizens. Some of the most neces- 
 sary acts of legislation are, on the contrary, 
 founded upon the principle that private 
 rights must yield to public exigencies. 8 
 Wheat. (U. S.) 89; 17 How. (U. S.) 463; 
 6 Cranch (U. S.) 87; 8 Pet. (U. S.) 88; 11 
 Pet. (U. S.) 421. See 1 Cranch (U. S.) 
 109; 9 Cranch (U. S.) 374; 1 Gall. (U. S.) 
 105; 2 Pet. (U. S.) 380, 523, 627; 3 Story, 
 Const. 212; Serg. Const. Law, 356; 2 Pick. 
 (Mass.) 172; 11 Pick. (Mass.) 28; 9 M^ss. 
 363; 2 Root (Conn.) 350; 5 T. B. Mon. 
 (Ky.) 133; 1 J. J. Marsh. (Ky.) 563; 3 
 N. H. 475; 7 Johns. (N. Y.) 488; 6 Bin. 
 (Pa.) 271; 2 Pet. (U. S.) 681. See "Retro- 
 spective Law." 
 
 EX PRAECOGITATA MALICIA (Law 
 Lat.) Of malice aforethought. Reg. Orig. 
 102. 
 
 EX PROCEDENTIBUS ET CONSE- 
 quentlbus optima fit Interpretatio. The best 
 interpretation is made from things preced- 
 ing and following, i. e., the context. 1 Rolle, 
 Abr. 375. 
 
 EX PROPRIO KIOTU (Lat.) Of his own 
 accord. 
 
 EX PROPRIO VIGORE (Lat.) By its own 
 force. 2 Kent, Coram. 457. 
 
 EX PROVISIONE HOMINIS (Law Lat.) 
 By the provision of man; by the limitation 
 of the party, as distinguished from the dis- 
 position of the law. 11 Coke, 80b. 
 
 EX PROVISIONE MARITI (Lat.) From 
 the provision of the husband. 
 
 EX QUASI CONTRACTU (Lat.) From 
 quasi contract. Fleta, lib. 2, c. 60. 
 
 EX RELATIONE (Lat. at the information 
 of; by the relation). A bill in equity, for 
 example, may in many cases be brought for 
 an injunction to restrain a public nuisance 
 ex relatione (by information of) the parties 
 immediately interested in or affected by the 
 nuisance. 18 Ves. 217; 2 Johns. Ch. (N. 
 Y.) 382; 6 Johns. Ch. (N. Y.) 439; 13 How. 
 (U. S.) 518; 12 Pet. (U. S.) 9L 
 
 EX RIGORE JURIS (Law Lat.) Accord- 
 ing to the rigor or strictness of law; in 
 strictness of law. Pleta, lib. 3, c. 10, § 3. 
 
 1 EX SCRIPTIS OLIM VISIS (Law Lat. 
 from writings formerly seen). A term 
 used as descriptive of that kind of proof of 
 handwriting where the witness has seen 
 letters or documents professing to be the 
 handwriting of a party, and has after- 
 wards had correspondence or communica- 
 
 tion with such party, so as to induce a rea- 
 sonable presumption that the letters or 
 documents were actually his handwriting. 
 5 Adol. & E. 703, 730; Best, Pres. 219. 
 
 EX STATUTO (Law Lat.) According to 
 the statute. Fleta, lib. 5, c. 11, § 1. 
 
 EX STIPULATU ACTIO (Lat.) In the 
 civil law. An action of stipulation. An ac- 
 tion given to recover marriage portions. 
 Inst. 4. 6. 29. 
 
 EX TEMPORE (Lat.) From the time; 
 without premeditation. 
 
 EX TESTAMENTO (Lat.) From, by, or 
 under a will. Inst. 2. 9. 7; Code, 6. 30. 19. 
 
 EX TOTA MATERIA EMERGAT RESO- 
 lutlo. The construction or explanation should 
 arise out of the whole subject matter. Win- 
 gate, Max. 238. 
 
 EX TURPI CAUSA NON ORITUR ACTIO. 
 
 No action arises out of an immoral consid- 
 eration. Selw. N. P. 63; 2 Pet. (U. S.) 
 539. 
 
 EX UNA PARTE (Lat.) Of one part or 
 side; on one side. 
 
 EX UNO DISCES OMNES. From one 
 thing you can discern all. 
 
 EX UTRISQUE PARENTIBUS CON- 
 juncti (Lat.) Related on the side of both 
 parents; of the whole blood. Hale, Hist. 
 Com. Law, c. 11. 
 
 EX VI TERMINI (Lat.) By force of the 
 term. 
 
 EX VISCERIBUS (Lat. from the bowels). 
 From the vital part; the very essence of 
 the thing. 10 Coke, 24b; 2 Mete. (Mass.) 
 213). Ex visceribus verborum, from the 
 mere words, and nothing else. 10 Johns. (N. 
 Y.) 494; 1 Story, Eq. Jur. § 980. 
 
 EX VISITATION E DEI (Lat. by or from 
 the visitation of God). This phrase is fre- 
 quently employed in inquisitions by the cor- 
 oner, where it signifies that the death of 
 the deceased was a natural one. 
 
 EX VISU SCRIPTIONIS (Lat. from sight 
 of the writing; from having seen a person 
 write). A term employed to describe one 
 of the modes of proof of handwriting. Best, 
 Pres. 218. 
 
 EX VOLUNTATE. Voluntarily. 
 
 EXACTION. A willful wrong done by an 
 officer, or by one who, under color of his 
 office, takes more fee or pay for his serv- 
 ices than the law allows. 
 
 Between "extortion" and "exaction" there 
 is this difference, that in the former case 
 the officer extorts more than his due, when 
 something is due to him; in the latter, he 
 exacts what is not his due, when there is 
 nothing due to him. Co. Litt. 368. 
 
EXACTOR 
 
 376 
 
 EXCEPTIO 
 
 EXACTOR. In old English and civil law. 
 A collector. Exactor regis, collector for the 
 king. A collector of taxes or revenue. Vi- 
 cat; Spelman. The term "exaction" early 
 came to mean the wrong done by an officer, 
 or one pretending to have authority, in de- 
 manding or taking any reward or fee for 
 that matter, cause, or thing which the law 
 allows not. Termes de la Ley. 
 
 EXACTOR REGIS. The king's exactor, 
 who collected the taxes and other moneys 
 due to the treasury. In the counties, this 
 office was performed by the sheriff; in the 
 seaports and cities by the publicans. Spel- 
 man. 
 
 EXALTARE (Law Lat.) In old English 
 law. To raise or elevate. Exaltare stag- 
 num, to raise a pool. Reg. Orig. 199; Fitzh. 
 Nat. Brev. 184 (O). To raise the water in 
 a pond by damming, so as to overflow an- 
 other's land. Bracton, fol. 232; Fleta, lib. 
 4, c. 1, § 19. 
 
 EXAM EN (Law Lat.) A trial. Examen 
 computi, the balance of an account. Towns. 
 PI. 223. 
 
 EXAMINATION. Interrogation; investiga- 
 tion. The interrogation of a person who is 
 desirous of performing some act or claim- 
 ing some privilege under the law, to ascer- 
 tain if all the requirements of law have 
 been complied with, conducted before an of- 
 ficer having authority for that purpose. 
 
 The interrogation of a party before a 
 competent officer concerning some fact in- 
 volved in a judicial proceeding. 
 
 In Practice. The interrogation of a 
 
 witness at the trial, or on the taking of his 
 deposition. 
 
 In Criminal Law. The investigation by 
 
 an authorized magistrate of the grounds of 
 accusation against a person arrested for 
 crime, with a view of securing his appear- 
 ance for trial before the proper court, 
 should the evidence be sufficient to war- 
 rant it. 
 
 EXAMINED COPY. A phrase applied to 
 designate a paper which is a copy of a rec- 
 ord, public book, or register, and which 
 has been compared with the original. 1 
 Campb. 469. 
 
 EXAMINERS. Persons appointed by law 
 to examine into any matter of fact, to de- 
 termine the advisability of action by public 
 authorities pursuant to law. Thus, in 
 many states there are examiners in law 
 and medical examiners, to determine the 
 qualifications of applicants for license to 
 practice these professions; examiners of 
 banks, charged with inspection to determine 
 the solvency of banking institutions, etc. 
 
 EXAMINERS IN CHANCERY. Officers 
 who examine, upon oath, witnesses pro- 
 duced on either side, upon such interroga- 
 tories as the parties to any suit exhibit for 
 that purpose. Cowell. 
 
 The examiner is to administer an oath to 
 the party, and then repeat the interrogato- 
 ries, one at a time, writing down the an- 
 swer himself. 2 Daniell, Ch. Prac. 1062. 
 Anciently, the examiner ,was one of the 
 judges of the court; hence an examination 
 before the examiner is said to be an exam- 
 ination in court. 1 Daniell, Ch. Prac. 1053. 
 
 EXANNUAL ROLL. A roll containing the 
 illeviable fines and desperate debts, which 
 was read yearly to the sheriff, iij the ancient 
 way of delivering the sherifiE's accounts^ to 
 see what might be gotten. Hale, Sheriffs, 
 67; Cowell. 
 
 EXCAMB. In Scotch law. To exchange, 
 Excambion, exchange. The words are evi- 
 dently derived from the Latin excambium. 
 Bell, Diet. See "Exchange." 
 
 EXCAMBIATOR. An exchanger of lands; 
 a broker. Obsolete. 
 
 EXCAMBIUM (Lat.) In English law. Ex- 
 change; a recompense. 1 Reeve, Hist. Eng. 
 Law, 442. 
 
 EXCEPTANT. An exceptor; a party enter- 
 ing an exception to any proceeding;. 
 
 EXCEPTIO. 
 
 In Roman Law. An exception. In a 
 
 general sense, a judicial allegation opposed 
 by a defendant to the plaintiff's action. 
 Calv. Lex., citing Hotoman. 
 
 A stop or stay to an action opposed by 
 the defendant, Cowell; Halifax, Anal. bk. 
 3, c. 5. 
 
 Answering to the "defense" or "plea" of 
 the common law. 
 
 In a stricter sense, an equitable "excep- 
 tion" to the general rule of law; the exclu- 
 sion of an action that lay in strict law, on 
 grounds of equity. Heinec. Elem. Jur. Civ. 
 lib. 4, tit. 13, § 1277. A kind of limitation 
 of an action, by which it was shown that 
 the action, though otherwise just, did not lie 
 in the particular case. Calv. Lex. A spe- 
 cies of defense allowed in cases where, 
 though the action as brought by the plain- 
 tiff was in itself just, yet it was unjust as 
 against the particular party sued. Inst. 4. 
 13. pr. 
 
 A mode of defense to an action, consist- 
 ing of facts which, though they do not ipso 
 jure destroy the right of action, serve to 
 protect the defendant on equitable grounds. 
 1 Mackeld. Civ. Law, p. 207, § 204; Id. p. 
 209, § 206, and note. 
 
 In Modern Civil Law. Any objection 
 
 of a defendant by which he alleges a new 
 fact in order to defend himself against the 
 action, as distinguished from a simple de- 
 nial. 1 Mackeld. Civ. Law, p. 207, § 204. 
 
 Answering to the plea of confession and 
 avoidance in the common law. 
 
 In the Early Common Law. The first 
 
 pleading in an action on the part of the de- 
 fendant; an answer. Bracton, fol. 399b. 
 
EXCEPTIO DILATORIA 
 
 377 
 
 EXCEPTION 
 
 In the Canon Law. The second plead- 
 ing in an action. Corv. Jiis. Canon, lib. iii. 
 tit. 32. 
 
 — —In Old Practice. An exception taken 
 at the trial. Fleta, lib. 6, c. 55, § 8. 
 
 In Old Conveyancing. An exception in 
 
 a deed or other instrument. 9 Coke, 53. 
 
 EXCEPTIO DILATORIA (Lat.) In the 
 civil law.. A dilatory exception ; called, also, 
 "temporalis" (temporary) ; one which de- 
 feated the action for a time {quae ad tern- 
 pus nocet), and created delay (et temporia 
 dilationem tribuit) ; such as an agreement 
 not to sue within a certain time, as five 
 years. Inst. 4. 13. 10. See Dig. 44. 1. 3. 
 
 EXCEPTIO DOLI MALI (Lat.) In the 
 civil law. An exception or plea of fraud. 
 Inst. 4. 13. 1. 9; Dig. 44. 4; Bracton, fol. 
 100b. 
 
 EXCEPTIO EJUS REI CUJUS PETITUR 
 
 dissolutio nulla est. A plea of that matter 
 the dissolution of which is the object of the 
 action is of no effect. Jenk. Cent. Cas, 37. 
 
 EXCEPTIO FALSI OMNIUM ULTIMA. A 
 false plea is the basest of all things. 
 
 EXCEPTIO FIRMAT REGULAM IN CASI- 
 bus non exceptis. The exception affirms the 
 rule in cases not excepted. Bac. Aph. 17. 
 
 EXCEPTIO FIRMAT REGULAM IN CON- 
 trarium. The exception affirms the rule to 
 be the other way. Bac. Aph. 17. 
 
 EXCEPTIO IN FACTUM (Lat.) In the 
 civil law. An exception on the fact; an ex- 
 ception or plea founded on the peculiar cir- 
 cumstances of the case. Inst. 4. 13. 1 ; Calv. 
 Lex. 
 
 EXCEPTIO JURISJURANDI (Lat.) In the 
 civil law. An exception of oath; an excep- 
 tion or plea that the matter had been- sworn 
 to. Inst. 4. 13. 4. This kind of exception 
 was allowed where a debtor, at the instance 
 of his creditor {creditore defer ente) , had 
 sworn that nothing was due the latter, and 
 had notwithstanding been sued by him. Id. 
 
 EXCEPTIO METUS (Lat.) In the civil 
 law. An exception or plea of fear or compul- 
 sion. Inst. 4. 13. 1. 9; Bracton, fol. 100b. 
 Answering to the modem plea of duress. 
 
 EXCEPTIO NULLA EST VERSUS Ac- 
 tionem quae exceptlonem perimit. There can 
 be no plea against an action which entirely 
 destroys the plea. Jenk. Cent. Cas. 106. 
 
 EXCEPTIO PACTI CONVENTI (Lat.) In 
 the civil law. An exception of compact; an 
 exception or plea that the plaintiff had 
 agreed not to sue. Inst. 4. 13. 3. 
 
 EXCEPTIO PECUNIAE NON NUMERA- 
 tae (Lat.) An exception or plea of money 
 not paid; a defense which might be set up 
 by a party who was sued on a promise to 
 repay money which he had never received. 
 Inst. 4. 13. 2. 
 
 EXCEPTIO PEREMPTORIA (Lat.) 
 
 In Civil Law. A peremptory exception; 
 
 called also "perpetua" (perpetual) ; one 
 which forever destroyed the subject matter 
 or ground of the action (quae semper rem 
 de qua agitur perimit) ; such as the excep- 
 tio doli mali, the exceptio metus, etc. Inst. 
 4. 13. 9. See Dig. 44. 1. 3. 
 
 In Common Law. A peremptory plea; 
 
 a plea in bar. Bracton, fols. 240, 399b. 
 
 EXCEPTIO PROBAT REGULAM DE RE- 
 bus non exceptis. An exception proves the 
 rule concerning things not excepted. 11 
 Coke, 41. 
 
 EXCEPTIO QUAE FIRMAT LEGEM, EX- 
 ponit legem. An exception which confirms 
 the law expounds the law. 2 Bulst. 189. 
 
 EXCEPTIO QUOQUE REGULAM DECLA- 
 rat. The exception also declares the rule. 
 Bac. Aph. 17. 
 
 EXCEPTIO REI JUDICATAE (Lat.) In 
 the civil law. An exception or plea of mat- 
 ter adjudged; a pleathat the subject matter 
 of the action had been determined in a pre- 
 vious action. Inst. 4. 13. 5; Dig. 44. 2. 
 
 This term is adopted by Bracton, and is 
 constantly used in modern law to denote a 
 defense founded upon a previous adjudica- 
 tion of the same matter. Bracton, fols. 
 100b, 177; 2 Kent, Comm. 120. A plea of a 
 former recovery or judgment. 
 
 EXCEPTIO REI VENDITAE ET TRADI- 
 tae. An exception or plea that the article 
 claimed in an action was sold or delivered 
 to the defendant. 1 Mackeld. Civ. Law, 315. 
 
 EXCEPTIO SEMPER ULTIMA PONEN- 
 da est. An exception is always to be put 
 last. 9 Coke, 53. 
 
 EXCEPTIO TEMPORIS (Lat.) In the civil 
 law. An exception or plea analogous to that 
 of the statute of limitations in our law; viz., 
 that the time prescribed by law for bringing 
 such actions has expired. Mackeld. Civ. 
 Law, § 213. Answering to the modern plea 
 of the statute of limitations. 
 
 EXCEPTION (Lat. excipere; ex, out of, 
 capere, to take). 
 
 In Contracts. A clause in a deed by 
 
 which the lessor excepts something out of 
 that which he granted before by the deed. 
 
 The exclusion of something from the ef- 
 fect or operation of the deed or contract 
 which would otherwise be included. 
 
 An exception differs from a reservation, 
 — ^the former being always of part of the 
 thing granted, the latter of a thing not in 
 esse, but newly created or reserved; the 
 exception is of the whole of the part ex- 
 cepted; the reservation may be of a right 
 or interest in the particular part affected 
 by the reservation. See 5 R. I. 419; 41 Me. 
 177; 42 Me. 9; 42 Minn. 401; 142 N. Y. 
 561; 131 111. 490. An exception differs, also, 
 from an explanation, which, by the use of 
 a videlieet, proviso, etc., is allowed only to 
 
EXCEPTION TO BAIL 
 
 378 
 
 EXCHEQUER 
 
 explain doubtful clauses precedent, or to 
 separate and distribute generals into par- 
 ticulars. 3 Pick. (Mass.) 272. It differs 
 also from a proviso, in that an exception is 
 absolute, while a proviso is conditional. 53 
 Barb, (N. Y.) 522. 
 
 To make a valid exception, these things 
 must concur: First, the exception must be 
 by apt words, as, "saving and excepting," 
 etc. See 30 Vt. 242; 5 R. I. 419; 41 Me. 177. 
 Second, it must be of part of the thing pre- 
 viously described, and not of some other 
 thing. Third, it must be of part of the 
 thing only, and not of all, the greater part, 
 or the effect of the thing granted. 11 Md. 
 339; 23 Vt. 395; 10 Mo. 426. An exception, 
 therefore, in a lease which extends to the 
 whole thing demised is void. Fourth, it 
 must be of such thing as is severable from 
 the demised premises, and not of an insep- 
 arable incident. 33 Pa. St. 251. Fifth, it 
 must be of such a thing as he that excepts 
 may have, and which properly belongs to 
 him. Sixth, it must be of a particular thing 
 out of a general, and not of a particular 
 thing out of a particular thing. Seventh, 
 it must be particularly described and set 
 forth. A lease of a tract of land except 
 one acre would be void, because that acre 
 was not particularly described. Woodf. 
 Landl. & Ten. 10; Co. Litt. 47a; 12 Me. 337; 
 Wright (Ohio) 711; 3 Johns. (N. Y.) 375; 
 5 N. Y, 33; 8 Conn. 369; 6 Pick. (Mass.) 
 499; 6 N. H. 421; 4 Strobh. (S. C.) 208; 
 2 Tayl. (N. C.) 173. Exceptions against 
 common right and general rules are con- 
 strued as strictly as possible. 1 Bart. Conv. 
 68; 5 Jones (N. C.) 63. 
 
 In Equity Practice. The allegation of 
 
 a party, in writing, that some pleading or 
 proceeding in a cause is insufficient. 
 
 In Civil Law. A plea. Merlin, Re- 
 pert. 
 
 Declinatory exceptions are such dilatory 
 exceptions as merely decline the jurisdic- 
 tion of the judge before whom the action is 
 brought. Code Proc. La. 334. 
 
 Dilatory exceptions are such as do not 
 tend to defeat the action, but only to retard 
 its progress. 
 
 Peremptory exceptions are those which 
 tend to the dismissal of the action. 
 
 In Practice. The word "exceptions" 
 
 has been given divers meanings in differ- 
 ent jurisdictions. The most common is an 
 objection formerly taken to a ruling made 
 at the trial. 
 
 "Exception" is sometimes used for "bill of 
 exceptions." 
 
 In Texas, an exception is a demurrer to 
 a pleading; the term as so used being prob- 
 ably a relic of the civil law. See 85 Tex. 
 575. 
 
 EXCEPTION TO BAIL. An objection to 
 the special bail put in by the defendant to 
 an action at law made by the plaintiff, on 
 grounds of the insufficiency of the bail. 1 
 Tidd, Prac. 255. 
 
 EXCEPTIS EXCIPIENDIS (Lat.) With all 
 necessary exceptions. 
 
 EXCEPTOR. In old English law. A party 
 who entered an exception or plea. 
 
 EXCERPTA, or EXCERPTS. Extracts. 
 
 EXCESS. In pleading. A replication to 
 the plea molliter rnanus imposuit, that de- 
 fendant used more force than was neces- 
 sary. 
 
 EXCESSIVUIVI IN JURE REPROBATUR; 
 excessus in re qualibet jure reprobatur com- 
 muni. Excess in law is reprehended; excess 
 in anjrthing is reprehended at common law, 
 Co. Litt. 44, 
 
 EXCHANGE. 
 
 In Commercial Law. A negotiation by 
 
 which one person transfers to another funds 
 which he has in a certain place, either at a 
 price agreed upon, or which is iixed by com- 
 mercial usage. 
 
 This transfer is made by means of an in- 
 strument which represents such funds, and 
 is well known by the name of a "bill of ex- 
 change." The price above the par value_of 
 the funds so transferred is called the "pre- 
 mium" of exchange, and if under that value 
 the difference is called the "discount"; 
 either being called the "rate" of exchange. 
 
 The rate of exchange, the difference in 
 value of the same amount of money in dif- 
 ferent places, is sometimes known as "ex- 
 change." 
 
 ——Of Property. An exchange of chattels 
 is a transfer thereof for other chattels. This 
 is commonly called "barter." Exchange of 
 real estate is a mutual grant of equal inter- 
 ests in land, the one in consideration of the 
 other. 2 Bl. Comm. 323; Litt. 62; Shep. 
 Touch. 289; Watk. Conv. It is said that 
 exchange in the United States does not 
 differ from bargain and sale. 2 Bouv. Inst, 
 note 2055, 
 
 At Common Law. Five circumstances 
 
 are necessary to an exchange: That the 
 estates given be equal; that the word ex- 
 cambium, or exchange, be used, which can- 
 not be supplied by any other words, or de- 
 scribed by circumlocution; that there be an 
 execution by entry or claim in the life of 
 the parties; that, if it be of things which 
 lie in grant, it be by deed; that, if the 
 lands lie in several counties, or if the things 
 lie in grant, though they be in one county, 
 it be by deed indented. In practice this 
 mode of conveyancing is nearly obsolete. 
 
 See Cruise, Dig. tit. 32; Comyn, Dig.; 
 Co. Litt. 51; 1 Washb. Real Prop. 159; Har- 
 din (Ky.) 593; 1 N. H. 65; 3 Har. & J. 
 (Md.) 361; 3 Wils. 489; Watk. Conv. bk. 
 2, c. 5; 3 Wood, Conv. 243. 
 
 EXCHANGE, BILL OF. See "Bill of Ex- 
 change." 
 
 EXCHEQUER (Law Lat. scaccamim; 
 Norman Fr. eschequier). In English law. 
 
EXCHEQUER BILLS 
 
 379 
 
 EXCUSAT AUT EXTENUAT 
 
 A department of the government which has 
 the management of the collection of the 
 king's revenue. 
 
 The name is said to be derived from the 
 chequered cloth which covered the table on 
 which some of the king's accounts were 
 made up, and the amounts indicated by 
 counters. 
 
 It consists of two divisions, one for_ the 
 receipt of revenue, the other for adminis- 
 tering justice. 4 Inst. 103-116 ; 3 Bl. Comm. 
 44, 45. See "Court of Exchequer"; "Court 
 of Exchequer Chamber." 
 
 EXCHEQUER BILLS. Bills of credit is- 
 sued by authority of parliament. 
 
 They constitute the medium of transac- 
 tion of business between the bank of Eng- 
 land and the government. The exchequer 
 bills contain a guarantee from government 
 which secures the holders against loss by 
 fluctuation. Wharton. 
 
 EXCHEQUER, COURT OF. See "Court of 
 Exchequer." 
 
 EXCISE. An inland imposition, laid some- 
 times upon the consumption of the com- 
 modity, sometimes on the manufacturer, 
 sometimes upon the retail sale. 1 Bl. Comm. 
 318; Story, Const. § 950; 7 Wall. (U. S.) 
 445. 
 
 EXCLUSA, or EXCLUSAGIUM. In old 
 English law. A sluice to carry off water; 
 the payment to the lord for the benefit of 
 such a sluice. Cowell; Reg. Orig. 96. 
 
 A place in a stream made narrow for the 
 purpose of fishing. Spelman. 
 
 EXCLUSIVE (Lat. ex, out, claudere, to 
 shut). Shutting out; debarring from par- 
 ticipation. Shut out; not included. 
 
 An exclusive right or privilege, as a copy- 
 right or patent, is one which may be exer- 
 cised and enjoyed only by the person auth- 
 orized, while all others are forbidden to 
 interfere. 
 
 A special grant of power is not exclusive 
 merely because no one else happens to pos- 
 sess it, so long as there is nothing to pre- 
 vent its granting to another. "An act does 
 not grant an exclusive privilege or franchise 
 unless it shuts out or excludes others from 
 enjoying a similar privilege or franchise." 
 98 N. Y. 139. 
 
 EXCOMMENGEMENT (Lat.) Excommu- 
 nication. Britt. c. 49. 
 
 EXCOMMUNICATION. In ecclesiastical 
 law. An ecclesiastical sentence pronounced 
 by a spiritual judge against a Christian 
 man, by which he is excluded from the body 
 of the church, and disabled to bring any 
 action or sue any person in the common-law 
 courts, Bac. Abr.; Co. Litt. 133, 134. 
 
 In early times it was the most frequent 
 and most severe method of executing eccle- 
 siastical censure, although proper to be used, 
 said Justinian (Nov. 123), only upon grave 
 occasions. 'The effect of it was to remove 
 
 the excommunicated person not only from 
 the sacred rites, but from the society of 
 men. In a certain sense it interdicted the 
 use of fire and water, like the punishment 
 spoken of by Caesar (lib. 6, de Belli Gall.) 
 as inflicted by the Druids. Innocent IV. 
 called it the nerve of ecclesiastical discipline. 
 On repentance, the excommunicated person 
 was absolved and received again to com- 
 munion. These are said to be the powers 
 of binding and loosing, — the keys of the 
 kingdom of heaven. This kind of punish- 
 ment seems to have been adopted from the 
 Roman usage of interdicting the use of fire 
 and water. Pr. Duaren de Sacris Eccles. 
 Ministeriis, lib. 1, c. 3. See Ridley, Civ. 
 & Ecc. Law, 245, 246, 249. 
 
 EXCOMMUNICATO CAPIENDO (Lat. for 
 taking an excommunicated person). In ec- 
 clesiastical law. A writ issuing out of chan- 
 cery, founded on a bishop's certificate that 
 the defendant had been excommunicated, re- 
 turnable to the king's bench. 4 Bl. Comm. 
 415; Bac. Abr. "Excommunication" (E). See 
 St. 3 Edw. I. c. 15; 9 Edw. II. c. 12; 2 & 3 
 Edw. VI. c. 13; 5 & 6 Edw. VI. c. 4; 5 Eliz. 
 c. 23; 1 Hen. V. c. 5; Cro. Eliz. 224, 680; 
 Cro. Car. 421; Cro. Jac. 567; 1 Vent. 146; 
 1 Salk. 293-295. 
 
 EXCOMMUNICATO INTERDICTUR OM- 
 nls actus legitimus, Ita quod agere non po- 
 test, nee aliquem convenire, licet ipse ab 
 aliis possit convenlri. Every legal act Is for- 
 bidden an excommunicated person, so that 
 he cannot act, nor sue any person, but he 
 may be sued by others. Co. Litt. 133. 
 
 EXCULPATION, LETTERS OF. In Scotch 
 law. A warrant granted at the suit of a 
 prisoner for citing witnesses in his own 
 defense. 
 
 EXCUSABLE HOMICIDE. Homicide com- 
 mitted under circumstances which consti- 
 tute, not a justification, but merely an ex- 
 cuse. 
 
 It is of two sorts: 
 
 (1) Per infortunium, or by misadventure, 
 where a person unfortunately kills another 
 in doing a lawful act, without any intent to 
 hurt, and without criminal negligence. 
 
 (2) Se defendo, or in self-defense, upon a 
 sudden affray, where a person, after becom- 
 ing engaged in a sudden affray, kills his an- 
 tagonist to save himself from reasonably 
 apparent danger of death or great bodily 
 harm. 4 Bl. Comm. 182. 
 
 The latter sort was distinguished from 
 justifiable homicide in self-defense by the 
 fact that the perpetrator was deemed in 
 some fault in being engaged in an affray. 
 This distinction is now generally abolished. 
 
 Excusable homicide was anciently pun- 
 ished by forfeiture of goods (4 Bl. Comm. 
 182) , but is not now punished. See "Justi- 
 fiable Homicide." 
 
 EXCUSAT AUT EXTENUAT DELICTUM 
 
 in capltalibus, quod non operatur idem, in 
 
 Icivilibus. That excuses or extenuates a 
 
EXCUSATIO 
 
 380 
 
 EXECUTIO JURIS NON 
 
 wrong in capital causes which does not 
 have effect in civil suits. Bac. Max. reg. 7; 
 Broom, Leg. Max. (3d London Ed.) 291. 
 
 EXCUSATIO (Lat.) In civil law. Excuse; 
 a cause for exemption from a duty, such as 
 absence, insufficient age, etc. Vicat, and 
 references there given. 
 
 EXCUSATOR (Lat.) 
 
 In English Law. An excuser. 
 
 In Old German Law. A defendant; he 
 
 who utterly denies the plaintiff's claim. Du 
 Cange. 
 
 EXCUSATOR QUIS QUOD CLAMEUM 
 non opposuerit, ut si toto tempore litigll fuit 
 ultra mare quacunque occasione. He is ex- 
 cused who does not bring his claim, if, dur- 
 ing the whole period in which it ought to 
 have been brought, he has been beyond sea 
 for any reason. Co. Litt. 260. 
 
 EXCUSE. In a broad sense, a reason al- 
 leged for the doing or not doing a thing. 
 
 In a stricter sense, it does not include 
 justification, but implies that, though the act 
 complained of was improperly done, facts 
 by way of mitigation relieve the doer from 
 legal liability. In this sense, an excuse is 
 facts mitigating the act, or depriving it of 
 ' legal culpability. Compare, for example, 
 "Excusable Homicide" and "Justifiable Hom- 
 icide." 
 
 EXCUSS. To seize and detain by law. 
 
 EXCUSSIO (Lat.) In civil law. Exhaust 
 ing the principal debtor before proceeding 
 against the surety. Discussion is used in 
 the same sense in Scotch law. Vicat, "Ex- 
 cusionis Beneficium." 
 
 EXECUTE. To complete; to make; to 
 perform; to do; to follow out. 
 
 The term is frequently used in law; as, to 
 execute a deed, which means to make a deed, 
 including, especially, signing, sealing, and 
 delivery. To execute a contract is to per- 
 form the contract. To execute a use is to 
 merge or unite the equitable estate of the 
 cestui que use in the legal estate, under the 
 statute of uses. To execute a writ is to do 
 the act commanded in the writ. To execute 
 a criminal -is to put him to death according 
 to law, in pursuance of his sentence. 
 
 EXECUTED. Done; completed; effectu- 
 ated; performed; fully disclosed; vested; 
 giving present right of enjoyment. The 
 term is used- of a variety of subjects. 
 
 EXECUTED CONSIDERATION. See 
 "Consideration." 
 
 EXECUTED CONTRACT. See "Contract." 
 
 EXECUTED ESTATE. An estate whereby 
 a present interest passes to and resides in 
 the tenant, not dependent upon any subse- 
 quent circumstances or contingency. They 
 are more commonly called "estates in pos- 
 session." 2 Sharswood, Bl. Comm. 162. ' 
 
 An estate where there is vested in the 
 grantee a present and immediate right of 
 present or future enjoyment. An estate 
 which confers a present right of present en- 
 joyment. 
 
 When the right of enjojonent in posses- 
 sion is to arise at a future period, only the 
 estate is executed; that is, it is merely vest- 
 ed in point of interest. Where the right of 
 immediate enjoyment is annexed to the es- 
 tate, then, only, is the estate vested in pos- 
 session. 1 Prest. Est. 62; Feame, Cont. 
 Rem. 392. 
 
 "Executed" is synojijmious vyith "vested." 
 1 Washb. Real Prop. 11. 
 
 EXECUTED FINE. The fine sur cogni- 
 zance de droit, come ceo que U ad de son 
 done; or a fine upon acknowledgment of 
 the right of the cognizee, as that which he 
 has of the gift of the cognizor. Abolished 
 by 3 & 4 Wm. IV. c. 74. 
 
 EXECUTED REMAINDER. One giving a 
 present interest, though the enjoyment may 
 be future. Fearne, Cont. Rem. 31; 2 Bl. 
 Comm. 168. See "Remainder." 
 
 EXECUTED TRUST. A trust of which 
 the scheme has in the outset been com- 
 pletely declared. Adams, Eq. 151. One in 
 which the devise or trust is directly and 
 wholly declared by the testator or settler, 
 so as to attach on the lands immediately 
 under the deed or will itself. 1 Greenl. 
 Cruise, Dig. 385; 1 Jac. & W. 570. 
 
 EXECUTED USE. A use with which the 
 possession and legal title have been united 
 by statute. 1 Steph. Comm. 339; 2 Shars- 
 wood, Bl. Comm. 335, note; 7 Term R. 342; 
 12 Ves. 89; 4 Mod. 380; Comb. 312. 
 
 EXECUTED WRIT. A writ the command 
 in which has been obeyed by the person to 
 whom it was directed. 
 
 EXECUTIO (Lat.) The doing or follow- 
 ing up of a thing; the doing a thing com- 
 pletely or thoroughly; management or ad- 
 ministration. 
 
 In Old Practice. Execution; the final 
 
 process in an action. 
 
 EXECUTIO BONORUM (Lat.) In old Eng- 
 lish law. Management or administration of 
 goods. Ad ecclesiam et ad amicos pertine- 
 bit exeeutio bonorum, the execution of the 
 goods shall belong to the church and to the 
 friends of the deceased. Bracton, fol. 60b. 
 
 EXECUTIO EST EXECUTIO JURIS Se- 
 cundum judicium. An execution Is the ex- 
 ecution of the law according to the judg- 
 ment. 3 Inst. 212. 
 
 EXECUTIO EST FINIS ET FRUCTUS 
 
 leg is. An execution is the end and the fruit 
 of the law. Co. Litt. 289. 
 
 EXECUTIO JURIS NON HABET INJURI- 
 
 am. The .execution of law does no injury. 
 2 Rolle, Abr. 301. 
 
EXECUTION 
 
 881 
 
 EXECUTORY CONSIDERATION 
 
 EXECUTION. The accomplishment of a 
 thing; the completion of an act or instru- 
 ment; the fulfillment of an undertaking. 
 Thus, a contract is executed when the act to 
 be done is performed; a deed is executed 
 when it is signed, sealed, and delivered. 
 
 In Criminal Law. Putting a convict to 
 
 death, agreeably to law, in pursuance of his 
 sentence. This is to be performed by the 
 sheriff or his deputy. See 4 Sharswood, 
 Bl. Comm. 403. 
 
 In Practice. Putting the sentence of 
 
 the law in force. 3 Bl. Comm. 412. The act 
 of carrying into effect the final judgment or 
 decree of a court. 
 
 The writ which directs and authorizes the 
 officer to carry into effect such judgment. 
 
 Final execution is one which authorizes 
 the money due on a judgment to be made 
 out of the property of the defendant. 
 
 Execution quousque is such as tends to an 
 end, but is not absolutely final; as, for ex- 
 ample, a capias ad satisfaciendum, by vir- 
 tue of which the body of the defendant is 
 taken, to the intent that the plaintiff shall 
 be satisfied his debt, etc., the imprisonment 
 not being absolute, but until he shall satisfy 
 the same. 6 Coke, 87. See "Facias." 
 
 EXECUTION PAREE. In French law. A 
 right founded on an act passed before a 
 notary, by which the creditor may immedi- 
 ately, without citation or summons, seize 
 and cause to be sold the property of his 
 debtor, out of the proceeds of which to re- 
 ceive his payment. It imports a confession 
 of judgment, and is not unlike a warrant of 
 attorney. Code Proc. La. art. 732; 6 Toul- 
 lier, note 208; 7 Toullier, Dr. Civ. 99. 
 
 EXECUTIONER. The name given to him 
 who puts criminals to death, according to 
 their sentence; a hangman. 
 
 In the United States, executions are so 
 rare that there are no executioners by pro- 
 fession. It is the duty of the sheriff or 
 marshal to perform this office, or to procure 
 a deputy to do it for him. 
 
 EXECUTIVE. That power in the govern- 
 ment which causes the laws to be executed 
 and obeyed. 
 
 The officer in whom the executive power is 
 vested. 
 
 The constitution of the United States di- 
 rects that "the executive power shall be 
 vested in a president of the United States of 
 America." Article 2, § 1. See Story, Const, 
 bk. 3, c. 36. 
 
 EXECUTOR. One to whom another man 
 commits by his last will the execution of 
 that will and testament. 2 Bl. Comm. 503. 
 
 A person to whom a testator by his will 
 pommits the execution, or putting in force, 
 of that instrument and its codicils. Fonbl. 
 Rights & Wrongs, 307. 
 
 Lord Hardwicke, in 3 Atk. 801, says: 
 "The proper term in the civil law, as to 
 goods, is haeres testamentarius ; and 'execu- 
 tor' is a barbarous term, unknown to that 
 
 law." And again: "What we called 'ex- 
 ecutor and residuary legatee' iS, in the civil 
 law, 'universal heir.'" Id. 300. 
 
 The word "executor," taken in its broad- 
 est sense, has three acceptations: (1) Ex- 
 ecutor a lege constitutus, he is the ordinary 
 of the diocese. (2) Executor ah episcopo 
 constitutus, or executor dativus, and that is 
 he who is called an administrator to an in- 
 testate. (3) Executor a testator constitutus, 
 or executor testamentarius, and that is he 
 who is usually meant when the term "execu- 
 tor" is used. 1 Wms. Ex'rs, 185. 
 
 — 1 — General Executor. One who Is ap- 
 pointed to administer the whole estate, with- 
 out any limit of time or place or of the sub- 
 ject matter. 
 
 Special Executor. One who is ap- 
 pointed or constituted to administer either 
 a part of the estate, or the whole for a lim- 
 ited time, or only in a particular place. 
 
 Instituted Executor. One who is ap- 
 pointed by the testator without any condi- 
 tion, and who has the first right of acting 
 when there are substituted executors. 
 
 Substituted Executor. A person ap- 
 pointed executor if another person who has 
 been appointed refuses to act. 
 
 An example will show the difference be- 
 tween an instituted and a substituted ex- 
 ecutor. Suppose a man makes his son his 
 executor, but, if he will not act, he appoints 
 his brother, and, if neither will act, his 
 cousin. Here the son is the instituted ex- 
 ecutor in the first degree, the brother is said 
 to be substituted in the second degree, the 
 cousin in the third degree, and so on. See 
 Swinb. Wills, pt. 4. § 19, pi. 1. 
 
 Rightful Executor. One lawfully ap- 
 pointed by the testator, by his will. Deriv- 
 ing his authority from the will, he may do 
 most acts before he obtains letters testa- 
 mentary; but he must be possessed of them 
 before he can declare in an action brought 
 by him as such. 1 P. Wms. 768; Wms. 
 Ex'rs, 173. 
 
 Executor de Son Tort. One who, with- 
 out lawful authority, undertakes to act as 
 executor of a person deceased. 
 
 Executor to the Tenor. A person who 
 
 is not directly appointed by the will an ex- 
 ecutor, but who is charged with the duties 
 which appertain to one; as, "I appoint A. 
 B. to discharge all lawful demands against 
 my will." 3 PhlUim. Ecc. Law, 116; 1 Ecc. 
 374; Swinb. Wills, 247; Wentw. Ex'rs, pt. 4, 
 § 4, p. 230. 
 
 EXECUTOR LUCRATUS (Lat.) An exec- 
 utor who has assets of his testator, who in 
 his lifetime made himself liable by a wrong- 
 ful interference with the property of an- 
 other. 6 Jur. (N. S.) 543. 
 
 EXECUTORY. Executive; pertaining to 
 the execution of official duty. Cent. Diet. 
 
 To be executed in the future; of such a 
 nature as to take effect on a future contin- 
 gency. 
 
 EXECUTORY CONSIDERATION. See 
 "Consideration." 
 
EXECUTORY CONTRACT 
 
 382 
 
 EXEQUATUR 
 
 EXECUTORY CONTRACT. See "Con- 
 tract." 
 
 EXECUTORY DEVISE. A limitation by 
 will of a future estate in lands or chattels. 
 38 Pa. St. 294. 
 
 A devise of an estate to take effect upon 
 some contingency subsequent to the tes- 
 tator's death. 
 
 As to chattels, it is more properly called 
 an "executory bequest." 
 
 It differs from a remainder, in that it 
 needs no particular estate to support it. 
 See 6 Wall. (U. S.) 475. 
 
 EXECUTORY ESTATES. Interests which 
 depend for their enjoyment upon some sub- 
 sequent event or contingency. Such estate 
 may be an executory devise, or an execu- 
 tory remainder, which is the same as a con- 
 tingent remainder, because no present in- 
 terest passes. 
 
 EXECUTORY FINES. These are the fines 
 sur cognizance de droit tantum; sur conces- 
 sit; and sur done, grant et render. Abol- 
 ished by 3 & 4 Wm. IV. c. 74. 
 
 EXECUTORY INTERESTS. Include all 
 future estates and interests in land or per- 
 sonalty, other than reversions and remain- 
 ders. Rapalje & L. 
 
 EXECUTORY LIMITATION. Any limita- 
 tion of a future estate, whether it be made 
 by deed, or by way of executory devise 
 {q. V.) 
 
 EXECUTORY PROCESS. (Lat. via execu- 
 toria). In Louisiana. A process which can 
 be resorted to in two cases, namely: (1) 
 When the right of the creditor arises from 
 an act importing confession of judgment, 
 and which contains a privilege or mortgage 
 in his favor. (2) When the creditor de- 
 mands the execution of a judgment which 
 has been rendered by a tribunal different 
 from that within whose jurisdiction the 
 execution is sought. Code ' Prac. art. 732. 
 
 EXECUTORY TRUSTS. A trust is called 
 "executory" when some further act is req- 
 uisite to be done by the author of the trust 
 or his trustees to give it its full effect. See 
 "Trust." 
 
 EXECUTORY USES. Springing uses 
 which confer a legal title answering to an 
 executory devise. See "Use." 
 
 EXECUTRESS. A female executor. Hardr. 
 165, 473. See "Executrix." 
 
 EXECUTRIX. A woman who has been ap- 
 pointed by will to execute such will or tes- 
 tament. See "Executor." 
 
 EXECUTRY. In Scotch law. The mov- 
 able estate of a person dying, which goes 
 to his nearest of kin. So called, as falling 
 under the distribution of an executor. Bell, 
 Diet. 
 
 EXEGENCE, or EXIGENCY. Probably a 
 corruption of exigents. Demand; need.; 
 want. Thus, exigency of a 'writ, the com- 
 mand of the writ; exigency of a bond, that 
 which the bond requires. 
 
 EXEMPLARY DAMAGES. See "Dam- 
 ages." 
 
 EXEMPLI GRATIA. For example. Abbre- 
 viated "ex. gr.," or "e. g" 
 
 EXEMPLIFICATION. A perfect copy of a 
 record or office book lawfully kept, so far 
 as relates to the matter in question. 3 
 Bouv. Inst, note 3107. See, generally, 1 
 Starkie, Ev. 151; 1 Phil. Ev. 307; 7 Cranch 
 (U. S.) 481; 9 Cranch (U. S.) 122; 3 
 Wheat. (U. S.) 234; 10 Wheat. (U. S.) 
 469; 2 Yeates (Pa.) 532; 1 Hayw. (N. C.) 
 359; 1 Johns. Cas. (N. Y.) 238. 
 
 A certified copy of a record or recorded 
 instrument. 
 
 EXEMPLUM (Lat.) In civil law. A copy; 
 a written authorized copy. Used also in the 
 modern sense of "example:" Ad exemplum 
 constituti singulares non trahi, exceptional 
 things must not be taken for examples. 
 Calv. Lex.; Vicat; Co. Litt. 24a. 
 
 EXEMPTION. Immunity; freedom from 
 any charge, duty, burden, or liability. Gen- 
 erally used for exemption from process, 
 which ; is a right given by law to a debtor 
 to retain certain property free from execu- 
 tion, attachment, or other process. 
 
 The property exempt from execution. 
 
 EXEMPTS. Persons who are not bound 
 by law, but excused from the performance 
 of duties imposed upon others. 
 
 EXENNIUM, or EXHENIUM. A gift; a 
 New Year's gift. Cowell. 
 
 EXEQUATUR (Lat.) 
 
 In French Law. A Latin word which 
 
 was, in the ancient practice, placed at the 
 bottom of a judgment emanating from an- 
 other tribunal, and was a permission and 
 authority to the officer to execute it within 
 the jurisdiction of the judge who put it be- 
 low the judgment. 
 
 We have something of the same kind in 
 our practice. When a warrant for the ar- 
 rest of a criminal is issued by a justice of 
 the peace of one county, and he flies into 
 another, a justice of the latter county may 
 indorse the warrant, and then the minis- 
 terial officer may execute it in such county. 
 This is called "backing" a warrant. 
 
 In International Law, A declaration 
 
 made by the executive of a government near 
 to which a consul has been nominated and 
 appointed, after such nomination and ap- 
 pointment has been notified, addressed to 
 the people, in which is recited the appoint- 
 ment of the foreign state, and that the ex- 
 ecutive, having approved of the consul as 
 such, commands all the citizens to receive, 
 countenance, and, as there may be occasion, 
 
EXERCITALIS 
 
 383 
 
 EXIGENT, EXIGI FACIAS 
 
 favorably assist the consul in the exercise 
 of his place, giving and allowing him all the 
 privileges; immunities, and advantages 
 thereto belonging. 3 Chit. Com. Law, 56; 
 3 Maule & S. 290; 5 Pardessus, note 1445. 
 
 EXERCITALIS (Lat.) A soldier; a vassal. 
 Spelman. 
 
 EXERCITOR MARIS (Lat.) In civil law. 
 One who fits out and equips a vessel, wheth- 
 er he be the absolute or qualified owner, or 
 even a mere agent. Emerig. Mar. Loans, c. 
 1, § 1. We call him exerdtor to whom all 
 the returns come. Dig. 14. 1. 1. 15; Id. 14. 
 1. 7; 3 Kent, Comml 161; MoUoy de Jur. 
 Mar. 243. 
 
 The managing owner, or ship's husband. 
 These are the terms in use in English and 
 American laws, to denote the same as exer- 
 dtor maris. See "Managing Owner of Ship;" 
 "Ship's Husband." 
 
 EXERCITOR NAVIS. The temporary own- 
 er or charterer of a ship. 
 
 EXERCITORIA ACTIO. See "Actio." 
 
 EXERCITORIAL POWER. The trust giv- 
 en to a ship master. 
 
 EXERCITUAL. A heriot paid only in 
 arms, horses, or military accoutrements. 
 
 EXERCITUS. 
 
 In Old European Law. An army; an 
 
 armed force; a collection of thirty-five men 
 and upwards. Laws Inae, apud Spelman. 
 
 A gathering of forty-two armed men. 
 Laws Boior. tit. 3, c. 8. 
 
 A meeting of four men. Laws Longobard, 
 lib. 1, tit. 17, c. 1. Spelman. 
 
 In Roman Law. See Grotius de Jure 
 
 Belli, lib. 2, c. 16, § 3. 
 
 EXETER (or EXON) DOMESDAY. The 
 name given to a record preserved among 
 the muniments and charters belonging to 
 the dean and chapter of Exeter cathedral, 
 which contains a description of the western 
 parts of the kingdom, comprising the coun- 
 ties of Wilts, Dorset, Somerset, Devon, and 
 Cornwall. The Exeter Domesday was pub- 
 lished, with several other surveys, nearly 
 contemporary, by order of the commission- 
 ers of the public records, under the direc- 
 tion of Sir Henry Ellis, in a volume supple- 
 mentary to the Great Domesday, folio, Lon- 
 don, 1816. Wharton. 
 
 EXFESTUCARE (Lat.) To abdicate; to 
 resign by passing over a staflf. Du Cange. 
 To deprive oneself of the possession of 
 lands, honors, or dignities, which was for- 
 merly accomplished by the delivery of a 
 staff or rod. Said to be the origin of the 
 custom of "surrender" as practised in Eng- 
 land formerly in courts baron. Spelman. 
 See, also, Vicat; Calv. Lex. 
 
 EXFREDIARE. In old English. To break 
 the peace; to commit open violence. Cowell. 
 
 EXHAEREDATIO (Lat.) A disinheriting; 
 the act by which a forced heir is deprived 
 of his legitimate or legal portions; a dis- 
 herison. Occurring in the phrase, in Latin 
 pleadings, ad exhaeredationem, to the dis- 
 herison, in case of abatement. 
 
 EXHAERES (Lat.) In civil law. One dis- 
 inherited. Vicat; Du Cange. 
 
 EXHEREDATE. In Scotch law. To dis- 
 inherit; to exclude from inheriting. 1 
 Kames, Eq. 247. 
 
 EXHIBERE (Lat.) To present a thing cor- 
 poreally, so that it may be handled. Vicat. 
 To appear personally to conduct the defense 
 of an action at law. 
 
 EXHIBIT. As a verb, to produce a thing 
 publicly, so that it may be taken posses- 
 sion of and seized. Dig. 10. 4. 2. 
 
 To file of record. Thus, it is the prac- 
 tice in England in personal actions, when an 
 officer or prisoner of the king's bench is de- 
 fendant, to proceed against such defendant 
 in the court in which he is an officer, by 
 exhibiting, that is, filing, a bill against him. 
 Steph. PI. 52, note (1) ; 2 Sellon, Prac. 74. 
 
 To administer; to cause a thing to be tak- 
 en by a patient. Chit. Med. Jur. 9. 
 
 As a noun, a supplemental paper referred 
 to in the principal instrument, identified in 
 some particular manner, as by a capital let- 
 ter, and generally attached to the principal 
 instrument. 1 Strange, 674; 2 P. Wms. 410; 
 Gresl. Eq. Ev. 98. 
 
 A paper referred to in and filed with the 
 bill, answer, or petition in a suit in equity. 
 
 EXHIBITANT. A complainant In articles 
 of the peace. 12 Adol. & E. 599. 
 
 EXHIBITIO BILLAE (Law Lat.) In old 
 practice. A phrase formerly used in plead- 
 ing, and generally equivalent to "the com- 
 mencement of the suit;" the suit (where the 
 proceedings were by bill) being anciently 
 commenced by the exhibition of such a bill 
 to the court. 
 
 EXHIBITION. In Scotch law. An action 
 for compelling the production of writings. 
 See "Discovery." 
 
 EXIGENCY OF A BOND. That upon 
 which it is conditioned. 
 
 EXIGENDARY. In English law. An offi- 
 cer who makes out exigents. 
 
 EXIGENT, EXIGI FACIAS. In practice. 
 A writ issued in the course of proceedings 
 to outlawry, deriving its name and applica- 
 tion from the mandatory words found there- 
 in, signifying, "that you cause to be exacted 
 or required;" and it is that proceeding in 
 an outlawry which, vdth the writ of procla- 
 mation, issued at the same time, immediate- 
 ly precedes the writ of capias utlagatum, 
 2 Va. Cas. 244. 
 
EXIGENTER 
 
 384 
 
 EXPECTANT HEIR 
 
 EXIGENTER. An officer who made out 
 exigents and proclamations. Cowell. The 
 office is now abolished. Holthouse. 
 
 EXIGI FACIAS (Law Lat.) Another name 
 of the writ of exigent; being the two em- 
 phatic words of that writ. Reg. Jud. 2. 
 
 EXIGIBLE. Demandable; that which may 
 be exacted. 
 
 EXILE. Banishment; a person banished. 
 
 EXILIUM (Lat.) In old English law. Ex- 
 ile; setting free or wrongly ejecting bond- 
 tenants. Waste is called exilium when bond- 
 men {servi) are set free or driven wrongful- 
 ly from their tenements. Co. Litt. 536. De- 
 struction; waste. Du Cange. Any species 
 of waste which drove away the inhabitants 
 ipto exile, or had a tendency to do so. Bac. 
 Abr. "Waste" (A); 1 Reeve, Hist. Eng. 
 386. 
 
 EXILIUM EST PATRIAE PRIVATIO, NA- 
 talis soli mutatio, legum nativarum amissio. 
 Exile is a privation of country, a change of 
 natal soil, a loss of native laws. 7 Coke, 20. 
 
 EXISTIIMATIO (Lat.) The reputation of 
 a Roman citizen; the decision of arbiters. 
 Vicat; 1 Mackeld. Civ. Law, § 123. 
 
 EXIT (Lat.) It Issues. Used in old rec- 
 ords to indicate the granting of an applica- 
 tion for a writ. 
 
 EXIT WOUND. The wound made in com- 
 ing out by a weapon which has passed 
 through the body, or any part of it. 2 
 Beck, Med. Jur. 119. 
 
 EX ITU S (Lat.) An export duty; issue, 
 child or offspring; rent or profits of land. 
 
 In Pleading. The issue or the end, 
 
 termination or conclusion, of the pleadings. 
 So called because an issue brings the plead- 
 ings to a close. 3 Bl. Comm. 314. 
 
 EXLEGALITAS. In old English law. Out- 
 lawry. Laws Edw. Conf. c. 38; Spelman. 
 
 EXLEGARE. To outlaw. 
 
 EXLEGATUS, or EXLEX. An outlaw. 
 
 EXOINE. In French law. An act or in- 
 strument in writing which contains the rea- 
 sons why a party in a civil suit, or a person 
 accused, who has been summoned, agree- 
 ably to the requisitions of a decree, does 
 not appear. Poth. Proc. Cr. § 3, art. 3. 
 
 EXONERATION. 
 
 (1) The taking off a burden or duty; the 
 shifting of a burden from one person or one 
 piece of property to another. Thus, it is a 
 general rule in the distribution of an intes- 
 tate's estate that the debts which he him- 
 self contracted, and for which he mortgaged 
 his land as security, shall be paid out of the 
 personal estate, in exoneration of the real. 
 
 (2) The right of one secondarily liable, 
 who has paid the debt, to recourse in equity 
 
 against the principal for reimbursement. 
 Pom. Eq. Jur. p. 467, § 1416. 
 
 EXONERATUR (Lat.) In practice. A 
 short note entered on a bail piece, that the 
 bail is exonerated or discharged in conse- 
 quence of having fulfilled the condition of 
 his obligation, made by order of the court' or 
 of a judge upon a proper cause being shown. 
 See "Recognizance." 
 
 EXPATRIATION. The voluntary act of 
 abandoning one's country, and becoming the 
 citizen or subject of another. 
 
 At common law, it is probable that a cit- 
 izen of the United States had no right to 
 expatriate himself. 2 Dall. (U. S.) 1; 7 
 Wheat. (U. S.) 283. But see 2 Paine (U. S.) 
 652. But Act Cong. July 27, 1868, de- 
 clares that expatriation is a natural and in- 
 herent right. The effectiveness of this stat- 
 ute has been doubted. 56 Fed. 556. 
 
 Expatriation can only be accomplished by 
 a removal from the country, and the ac- 
 quirement of a domicile elsewhere. 56 Fed. 
 556; 8 Cranch (U. S.) 253; 7 Wheat. (U. 
 S.) 283. 
 
 EXPECT (Lat. expeetare ex, from, and 
 spectare, to look). To look for; to wait 
 for; to look forward to, as to something 
 probable, intended, or contemplated; to be in 
 readiness to operate. The word has some- 
 times been applied, in this sense, to instru- 
 ments. Bacon's Arg. Case of Revocation 
 of Uses; Works, iv. 248, 253. The words 
 "expects to prove," in an affidavit, have been 
 held insufficient. The party ought to say, 
 "he firmly believes he can." 2 Littell's 
 R. 230. 
 
 EXPECTANCY. The condition of being 
 referred to a future time, or of dependence 
 upon an expected event; contingency as to 
 possession and enjoyment. 
 
 An estate giving a present or vested con- 
 tingent right of future enjoyment; one in 
 which the right of pernancy of the profits 
 is postponed to some future period. 
 
 Of expectancies there are two sorts — one 
 created by the act of the parties, called a 
 "remainder;" the other by act of law, called 
 a "reversion." 187 111. 58. See "Estates." 
 
 A mere hope unfounded in any limitation, 
 provision, trust, or legal act whatever; such 
 as the hope which an heir apparent has of 
 succeeding to the ancestors' estate. Jeffers 
 V. Lampson, 10 Ohio St. 106. 
 
 EXPECTANT. Contingent as to enjoy- 
 ment. See "Estates." 
 
 EXPECTANT HEIR. An expectant heir, 
 in the language of equity, is a person who 
 has a reversionary right or hope or suc- 
 cession to property. Where he has but little 
 or n6 property immediately available, and 
 is exposed to the temptation of selling or 
 mortgaging his right or expectation on un- 
 reasonable terms (e. g., for much below its 
 value, or at a usurious rate of interest) , he 
 is considered as entitled to the protection of 
 
EXPECTATION OF LIFE 
 
 385 
 
 EXPOSE 
 
 the court against the enforcement of such 
 "catching bargains," as they are called. 
 
 EXPECTATION OF LIFE. In the doctrine 
 of life annuities, it is the share or number 
 of years of life which a person ojp a given 
 age ijiay, upon an equality of chance, expect 
 to enjoy. Wharton. 
 
 EXPEDIMENT. The whole of a person's 
 goods and chattels, bag and baggage. 
 
 EXPEDIT REPUBLICAE NE SUA RE 
 
 quis male utatur. It is for the interest of 
 the state that a man should not use his own 
 property improperly. Inst. 1. 8. 2; Broom, 
 Leg. Max. (3d London Ed.) 328. 
 
 EXPEDIT REIPUBLICAE UT SIT FINIS 
 
 litium. It Is for the advantage of the state 
 that there be an end of suits; it is for the 
 public good that actions be brought to a 
 close. Co. Litt. 303b. 
 
 EXPEDITATE. In forest law. To cut out 
 the ball of a dog's fore feet, for the preser- 
 vation of the royal game. Manw. For. Law, 
 c. 16. 
 
 To cut the foot or root of a tree, so as to 
 cause it to fall. Fleta, lib. 2, c. 41, § 32. 
 
 EXPEDITATION. A cutting off the claws 
 or ball of the fore feet of mastiffs, to pre- 
 vent their running after deer. Cart, de 
 For. c. 17; Spelman; Cowell; 2 Bl. Comm. 
 393, 417. 
 
 EXPEDITIO. An expedition; an Irregu- 
 kind of army. Spelman. 
 
 EXPEDITIO BREVIS (Lat.) In old prac- 
 tice. The service of a writ. Towns. PL 43. 
 
 EXPENDITORS. Paymasters; those who 
 expend or disburse certain taxes; especially 
 the sworn oflBcer who supervised the repairs 
 of the banks of the canals in Romney 
 Marsh. Cowell. 
 
 EXPENSAE LITIS (Lat.) Expenses of 
 the suit; the costs, which are generally al- 
 lowed to the successful party. 
 
 EXPERIENCE. Knowledge derived from 
 proof furnished by one's own faculties or 
 senses. 227 111. 444. 
 
 EXPERIENTIA PER VARIOS ACTUS 
 legem facit. Magistra rerum experlentja. 
 Experience by various acts makes laws. Ex- 
 perience is the mistress of things. Co. Litt. 
 60; Branch. Princ. 
 
 EXPERTS (from Lat. experti, skilled by 
 experience). Persons selected by the court 
 or parties in a cause, on account of their 
 knowledge or skill, to examine, estimate, 
 and ascertain things, and make a report of 
 their opinions. Merlin, Repert. Witnesses 
 who are admitted to testify -from a peculiar 
 knowledge of some art or science, a knowl- 
 edge of which is requisite or of value in set- 
 tling the point at issue. 
 
 One who has made a subject a matter of 
 study, practice, and observation, and has 
 particular special knowledge on the subject. 
 41 N. H. 546. 
 
 Persons professionally acquainted with 
 the science or practice in question. Strickl. 
 Ev. 408. Persons conversant with the sub- 
 ject matter on questions of science, skill, 
 trade, and others of like kind. Best, Ev. 
 § 346. 
 
 A person skilled either by study (15 S. C. 
 408) or experience (12 Hun [N. Y.] 276) 
 in respect to some matter on which a course 
 of special study or experience is necessary 
 to the formation of an opinion (Rog. Exp. 
 Test. § 7), and who is accordingly admitted 
 to testify to his opinion in relation thereto. 
 
 EXP I LA RE (Lat.) In the civil law. To 
 spoil; to rob, or plunder. Applied to in- 
 heritances. Dig. 47, 19; Code, 9. 32. 
 
 EXPILATION. In civil law. The crime 
 of abstracting the goods of a succession. 
 
 This is said not to be a theft, because the 
 property no longer belongs to the deceased, 
 noi- to the heir before he has taken posses- 
 sion. In the common law, the grant of let- 
 ters testamentary, or letters of administra- 
 tion, relates back to the time of the death 
 of the testator or intestate, so that the prop- 
 erty of the estate is vested in the executor 
 or administrator from that period. 
 
 EXPILATOR (Lat.) In the civil law. A 
 robber; a spoiler or plunderer. ExpUatores 
 sunt atrociores fures. Dig. 47. 18. 1. 1. 
 
 EXPIRATION. Cessation; end; as, the 
 expiration of a lease, of a contract or stat- 
 ute. It ordinarily implies termination by 
 the running of an express limitation as to 
 time, but has been used to signify termina- 
 tion in any manner. Plowd. 198a. 
 
 EXPIRY OF THE LEGAL. In Scotch law. 
 The expiration of the term within which 
 the subject of an adjudication may be re- 
 deemed on payment of the debt adjudged 
 for. Bell, Diet.; 3 Jur. Styles (3d Ed.) 
 1107. 
 
 EXPLEES. The profits of an estate. See 
 "Esplees." 
 
 EXPLETIA, or EXPLECIA (Lat. from ex- 
 plere, to complete or make perfect). Es- 
 plees or profit of land. Bracton", fols. 40, 
 44b. 
 
 EXPLICATIO (Lat.) In civil law. The 
 fourth pleading. Equivalent to the surre- 
 joinder of the common law. Calv. Lex. 
 
 EXPORTATION. The act of sending goods 
 out of the country. It ordinarily implies a 
 sending for commercial purposes. 5 Harr. 
 (Del.) 601. 
 
 EXPOSE. A French word, sometimes ap- 
 plied to a v^ritten document containing the 
 reasons or motives for doing a thing. The 
 word occurs in diplomacy. 
 
EXPOSITIO 
 
 386 
 
 EXPULSION 
 
 To place in an unprotected situation. 
 
 To exhibit. "Exposure for sale" implies 
 an exhibition in a public place, not a private 
 sale. 13 Wend. (N. Y.) 429. 
 
 EXPOSITIO (Lat.) Explanation; exposi- 
 tion; interpretation. 
 
 EXPOSITIO, QUAE EX VISCERIBUS 
 causae nascltur, est aptissima et fortissima 
 In lege. That exposition which springs from 
 the vitals of a cause is the fittest and most 
 powerful in law. 10 Coke, 24. 
 
 EXPOSITION DE PART. In French law. 
 The abandonment of a child, unable to take 
 care of itself, either in a public or private 
 place. 
 
 If the child thus exposed should be killed 
 in consequence of such exposure, as, if it 
 should be devoured by animals, the person 
 so exposing it would be guilty of mur- 
 der. Rose. Cr. Ev. 591. 
 
 EXPOSURE OF PERSON. See "Inde- 
 cency." 
 
 EXPRESS. Stated or declared, as opposed 
 to implied. That which is made known, and 
 not left to implication. 
 
 EXPRESS ABROGATION. A direct re- 
 peal in terms by a subsequent law referring 
 to that which is abrogated. 
 
 EXPRESS ASSUMPSIT. At common law 
 an express assumpsit was an undertaking 
 made orally, by writing not under seal or 
 by matter of record, to perform an act or 
 to pay a sum of money to another. 253 111. 
 172. See "Assumpsit." 
 
 EXPRESS COLOR. See "Color." 
 
 EXPRESS CONSIDERATION. See "Con- 
 sideration." 
 
 EXPRESS CONTRACT. See "Contract." 
 
 EXPRESS MALICE. Actual malice or 
 malice in fact, existing when one actually 
 contemplates the injury or wrong which he 
 inflicts. 1 Clark & Marshall, Crimes, p. 
 144. See "Malice." 
 
 EXPRESS NOTICE. Express notice em- 
 braces not only knowledge, but also that 
 which is communicated by direct informa- 
 tion, either written or oral, from those who 
 are cognizant of the fact communicated. 78 
 Md. 235. 
 
 EXPRESS TRUST. See "Trust." 
 
 EXPRESS WARRANTY. See "Warranty." 
 
 EXPRESSA NOCENT; NON EXPRESSA 
 
 non nocent. Things expressed may be prej- 
 udicial; things not expressed are not. Calv. 
 Lex.; Dig. 50. 17. 19. 5. 
 
 EXPRESSA NON PROSUNT QUAE NON 
 expressa proderunt. Things expressed may 
 be prejudicial, which, not expressed, will 
 profit. 4 Coke, 73. 
 
 EXPRESSIO EORUM QUAE TACITE IN- 
 sunt nihil operatup. The expression of those 
 things which are tacitly implied operates 
 nothing. 2 Pars. Cont. 28; 4 Coke, 73; 5 
 Coke, 11; Hob. 170; 3 Atk. 138; 11 Mees. & 
 W. 569; 7 Exch. 28. 
 
 EXPRESSIO UNIUS EST EXCLUSIO AU- 
 terius. The expression of one thing is the 
 exclusion of another. Co. Litt. 210; Broom, 
 Leg. Max. (3d London 7d.) 596; 2 pars. 
 Cont. 28; 16 Mees. & W. 244; 2 Curt. (U. 
 S.) 365; 6 Mass. 84; 11 Cush. (Mass.) 328. 
 
 That which is implied and is general is 
 restricted by that which is expressed and 
 is particular and specific. 163 111, 343. 
 
 EXPRESSUM FACIT CESSARE TACl- 
 tum. That which is expressed puts an end 
 to (renders ineffective) that which is im- 
 plied. Smith, Cont. (2d Ed.) 390; 5 Bing. 
 N. C. 185; 6 Barn. & C. 609; 2 Cromp. & M. 
 459; 2 El. & Bl. 856; 7 Mass. 106; 24 Me. 
 374; 6 N. H. 481; 1 Doug. (Mich.) 330; 4 
 Wash. C. C. (U. S.) 185. 
 
 EXPRESSUM SERVITIUM REGAT VEL 
 declaret tacitum. Let service expressed rule, 
 or declare what is silent. 
 
 EXPROMISSIO (Lat.) In civil law. The 
 species of novation by which a creditor ac- 
 cepts a new debtor, who becomes bound in- 
 stead of the old, the latter being released. 
 1 Bouv. Inst, note 802. See "Novation." 
 
 EXPROMISSOR. In civil law. The per- 
 son who alone becomes . bound for the debt 
 of another, whether the latter were obligat- 
 ed or not. He differs from a surety, who is 
 bound together with his principal. Dig. 12. 
 4. 4; Id. 16. 1. 13; Id. 24. 3. 64. 4; Id. 38. 
 1. 37. 8. 
 
 EXPROMITTERE (Lat.) In civil law. To 
 undertake for another, with the view of be- 
 coming liable in his place. Calv. Lex. 
 
 EXPROPRIATION. Compulsorily depriv- 
 ing a person of a right of property belong- 
 ing to him in return for a compensation. 
 The term has been introduced from its use 
 in foreign countries to denote a compulsory 
 purchase of land, etc., for the purposes of a 
 railway, canal, or the like. "Expropriation 
 pour cause d'utilite publique." Id.; 1 App. 
 Cas. 384. 
 
 EXPULSION (Lat. expellere, to drive 
 out). The act of depriving a member of a 
 body politic or corporate, or of a society, of 
 his right of membership therein, by the vote 
 of such body or society, for some violation 
 of his duties as such, or for some offense 
 which renders him unworthy of longer re- 
 maining a member of the same. 
 
 It is sometimes loosely used in the sense 
 of "eject." 
 
 The term is ordinarily applied only to 
 voluntary associations and public bodies, 
 "disfranchisement" (q. v.) being the appro- 
 priate term for expulsion of a member of a 
 I corporation. 
 
EXPURGATION 
 
 387 
 
 EXTINGUISHMENT 
 
 EXPURGATION. The act of purging or 
 cleansing. 
 
 EXPURGATOR. One who corrects by 
 expurging. 
 
 EXQUAESTOR. In Roman law. One who 
 had filled the office of quaestor. A title giv- 
 en to Tribonian. Inst, proem. § 3. Used 
 only in the ablative case {exquaestore) . 
 
 EXROGARE (Lat. ex, from, and rogare, 
 to pass a law). In Roman law. To take 
 something from an old law by a new law. 
 Tayl. Civ. Law, 155. The same as dero- 
 gare. See "Abrogation." 
 
 EXTENDI FACIAS (Lat. you cause to be 
 extended). , In English practice. The name 
 of a writ of execution, derived from its two 
 emphatic words; more commonly called an 
 "extent." 2 Tidd, Prac. 1043; 4 Steph. 
 Comm. 43. 
 
 EXTENSION. An enlargement, ordinarily, 
 to time to do any act. This term is applied 
 among merchants to signify an agreement 
 made between a debtor and his creditors, by 
 which the latter, in order to enable the for- 
 mer, embarrassed in his circumstances, to 
 retrieve his standing, agree to wait for a 
 definite length of time, after their several 
 claims become due and payable, before they 
 will demand payment. 
 
 Among the French, a similar agreement 
 is known by the name of attermoiement. 
 Merlin, Repert. mot "Attermoiement." 
 
 EXTENSORES (Law Lat.) In old English 
 law. Extenders or appraisers; the name of 
 certain officers appointed to appraise and di- 
 vid6 or apportion lands. It was their duty 
 to make a survey, schedule, or inventory of 
 the lands, to lay them out under certain 
 heads, and then to ascertain the value of 
 each, as preparatory to the division or parti- 
 tion. Bracton, fols. 72b, 75; Britt. c. 71; 
 Fleta, lib. 5, c. 9, § 5; Barr. Obs. St. 103, 
 note. 
 
 EXTENT. A writ, issuing from the ex- 
 chequer, by which the body, goods, and lands 
 of the debtor may all be taken at once to 
 satisfy the judgment. 
 
 It is so called because the sheriff is to 
 cause the lands to be appraised at their full 
 extended value before he delivers them to 
 the plaintiff. Fitzh. Nat. Brev. 131. The 
 writ originally lay to enforce judgments in 
 case of recognizances or debts acknowledged 
 on statutes merchant or staple (see St. 13 
 Edw. I. "de Mercatoribus;" 27 Edw. III. c. 
 9), and, by 33 Hen. VIII. c. 39, was extended 
 to debts due the crown. The term is some- 
 times used in the various states of the 
 United States to denote writs which give 
 the creditor possession of the debtor's lands 
 for a limited time till the debt be paid. 16 
 Mass. 186. 
 
 Extent in Aid. An extent issued at the 
 
 suit or instance of a crown debtor against a 
 person indebted to himself. This writ was 
 
 much abused, owing to some peculiar privi- 
 leges possessed by crown debtors, and its 
 use was regulated by St. 57 Geo. III. c. 117. 
 See 3 Sharswood, Bl. Comm. 419. 
 
 Extent In Chief. An extent issued to 
 
 take a debtor's lands into the possession of 
 the crown. See 2 & 8 Vict, c 11; 5 & 6 
 Vict. c. 86, § 8. 
 
 EXTENTA MANERll (Law Lat.) The 
 title of a statute passed 4 Edw. I. st. 1; 
 being a sort of direction for making a sur- 
 vey or terrier of a manor, and all its ap- 
 pendages. 2 Reeve, Hist. Eng. Law, 140. 
 Mr. Barrington observes that it is most cer- 
 tainly no act of parliament, in any sense of 
 the word, but is merely a set of instructions 
 to the king's extender, with regard to what 
 he shall inquire into, and upon what heads 
 and particulars he is to make his report. 
 Barr. Obs. St. 103. 
 
 EXTENUATING CI RCUMSTANCES. 
 Facts palliating or mitigating a crime. 
 Sometimes applied to torts for which ex- 
 emplary dajnages may be recovered. 
 
 EXTENUATION. That which renders a 
 crime or tort less heinous than it would be 
 without it. It is opposed to "aggravation." 
 
 EXTERRITORIALITY (Fr.) This term 
 (exterritorialite) is used by French jurists 
 to signify the immunity of certain persons, 
 who, although in the state, are not amenable 
 to its laws. Foreign sovereigns, ambassa- 
 dors, ministers plenipotentiary, and minis- 
 ters from a foreign power are of this class. 
 Foelix, Droit Int. Prive, liv. 2 tit. 2, c. 2, 
 § 4. See "Ambassador;" "Conflict of Laws;" 
 "Minister;" "Privilege." 
 
 EXTERUS (Lat.) A foreigner or alien; 
 one born abroad. The opposite of civis. 
 Bac. Works, IV. 345. 
 
 EXTERUS NON HABET TERRAS. An 
 
 alien holds no lands. Tray, Lat. Max. 203. 
 
 EXTINCT (Lat. extinguere, to destroy or 
 put out). Extinguished. A rent is said to 
 be extinguished when it is destroyed and 
 put out. Co. Litt. 147b. See "Extinguish- 
 ment." 
 
 EXTINCTO SUBJECTO, TOLLITUR AD- 
 
 junctum. When the substance is gone, the 
 adjuncts disappear. 16 Johns. (N. Y.) 438, 
 492. 
 
 EXTINGUISHMENT. The destruction of 
 a right or contract; the act by which a con- 
 tract is made void ; the annihilation of a col- 
 lateral thing or subject in the subject itself 
 out of which it is derived. Prest. Merg. 9. 
 For the distinction between an extinguish- 
 ment and passing a right, see 2 Sharswood, 
 Bl. Comm. 325, note. 
 
 An extinguishment may be by matter of 
 fact and by matter of law. It is by matter 
 of fact either express, as when one receives 
 satisfaction and full payment of a debt, and 
 the creditor releases the debtor (11 Johns. 
 
EXTINGUISHMENT OP DEBT 
 
 388 
 
 EXTRA PRAESENTIAM MARITI 
 
 [N. Y.] 513), or implied, as when a person 
 nath a yearly rent out of lands, and becomes 
 owner, either by descent or purchase, of the 
 estate subject to the payment of the rent, 
 and the latter is extinguished (3 Stew. 
 [Ala.] 60) ; but the person must have as 
 high an estate in the land as in the rent, 
 or the rent will not be extinct (Co. Litt. 
 147b). 
 
 There are numerous cases where the claim 
 is extinguished by operation of _ law. For 
 example, where two persons are jointly but 
 not severally liable for a simple contract 
 debt, a judgment obtained against one is at 
 common law an extinguishment of the claim 
 on the other debtor. 1 Pet. C. C. (U. S.) 
 301; 2 Johns. (N. Y.) 213. 
 
 See, generally, Bouv. Inst. Index; Co. Litt. 
 147b; 1 RoUe, Abr. 933; 7 Viner, Abr. 367; 
 11 Viner, Abr. 461; 18 Viner, Abr. 493-515; 
 3 Nels. Abr. 818; Bac. Abr.; 5 Whart. (Pa.) 
 541; 2 Root (Conn.) 492; 3 Conn. 62; 6 
 Conn. 373; 1 Ohio, 187; 11 Johns. (N. Y.) 
 513; 1 Halst. (N. J.) 190; 4 N. H. 251; 31 
 Pa. St. 475. 
 
 EXTINGUISHMENT OF A DEBT. De- 
 struction of a debt. This may be by the 
 creditor's accepting a higher security. 
 Plowd. 84; 1 Salk. 304; 1 Md. 492; 5 Md. 
 389; 24 Ala. (N. S.) 439. A judgment re- 
 covered extinguishes the original debt. 13 
 Mass. 148; 1 Pick, (Mass.) 118; Hill & D. 
 (N. Y.) 392. A debt evidenced by a note 
 may be extinguished by a surrender of the 
 note. 10 Cush. (Mass.) 69; 29 Pa. St. 50; 
 3 Ind. 337. As to the effect of payment in 
 extinguishing a dejjt, see "Payment." See, 
 generally, 35 N. H; 421; 29 Vt. 488; 6 Fla. 
 25; 20 Ga. 403; 12 Barb. (N. Y.) 128. 
 
 EXTINGUISHMENT OF COMMON. Loss 
 of the right to have common. This may 
 happen from various causes,^by the owner 
 of the common right becoming owner of the 
 fee; by severance from the land; by release; 
 by approvement. 2 Hilliard, Real Prop. 75; 
 2 Staph. Comm. 41; 1 Crabb, Real Prop. 
 § 341 et seq.; Co. Litt. 280; Burton, Real 
 Prop. 437; 1 Bac. Abr. 628; Cro. Eliz. 594. 
 
 EXTINGUISHMENT OF COPYHOLD. 
 
 This takes place by a union of the copyhold 
 and freehold estates in the same person; 
 also by any act of the tenant showing an in- 
 tention not to hold any longer of his lord. 
 Hutt. 81; Cro. Eliz. 21; Williams, Real 
 Prop. 287 et seq.; Watk. Copyholds, Index. 
 
 EXTINGUISHMENT OF RENT. A de- 
 struction of the rent by a union of the title 
 to the lands and the rent in the same person, 
 Termes de la Ley; Cowell; 3 Sharswood, 
 Bl. Comm, 325, note, 
 
 EXTINGUISHMENT OF WAYS. Destruc- 
 tion of a right of way, effected usually by a 
 purchase of the close over which it lies by 
 the owner of the right of way. 2 Washb. 
 Real Prop. Index, 
 
 EXTIRPATION. In English law. A spe- 
 cies of destruction or waste, analogous to 
 estrepement. See "Estrepement," 
 
 EXTIRPATION E. A judicial writ, either 
 before or after judgment, that lay against 
 a person who, when a verdict was found 
 against him for land, etc., maliciously over- 
 threw any house, or extirpated any trees 
 upon it. Reg. Jud. 13, 56. 
 
 EXTOCARE (Lat.) In old records. To 
 grub woodland, and reduce it to arable or 
 meadow; "to stock up," as it is rendered in 
 Cowell. 5 Mon. Angl. 71. 
 
 EXTORSIVELY. A technical word used 
 in indictments for extortion. 
 
 When a person is charged with extorsive- 
 ly taking, the very import of the word 
 shows that he is not acquiring possession of 
 his own. 4 Cox, C. C. 387. In North Caro- 
 lina the crime may be charged without using 
 this word. 1 Hayw. (N. C.) 406, 
 
 EXTORTIO EST CRIMEN QUANGO QUIS 
 colore officii extorquet quod non est debitum, 
 vel supra debitum, vel ante tempus quod 
 est debitum. Extortion is a crime when, by 
 color of office, any person extorts that which 
 is not due, or more than is due, or before 
 the time when it is due. 10 Coke, 102. 
 
 EXTORTION. The unlawful taking by 
 any officer, by coldr of his office, qf any 
 money or thing of value that is not due to 
 him, or more than is due, or before it is 
 due. 4 Bl. Comm. 141; 1 Hawk. P. C. c. 68, 
 § 1; 1 Russ. Crimes, 144*, 7 Pick. (Mass.) 
 279; 3 Ind. 93; 107 N. C. 921. 
 
 In a large sense, the term includes any 
 injury under color of right; but it is gener- 
 ally and constantly used in the more limited 
 technical sense above given; while "oppres- 
 sion" is used to signify injuries other than 
 the extortion of things of value committed 
 under color of ofSce. 
 
 EXTRA (Lat. without; out of; beyond). 
 Its opposite is in or intra. Calv, Lex. 
 
 EXTRA FEODUM (Lat.) Out of his fee; 
 out of the seigniory, or not holden of him 
 that claims it, Co. Litt. lb; Reg. Orig. 97b. 
 
 EXTRA JUS (Lat.) Beyond the law; more 
 than the law requires. In jure, vel extra 
 jus. Bracton, fol, 169b. 
 
 EXTRA LEGEM. Out of the law; out of 
 the protection of the law, Co. Litt, 130. 
 
 Outlaws (utlagati) are said to be extra 
 legem positi, put out of the law. Fleta, lib. 
 1, c. 28, § 14, 
 
 EXTRA LEGEM POSITUS EST CIVILI- 
 
 ten mortuus. One out of the pale of the 
 law (an outlaw) is civilly dead. Co. Litt. 
 130. 
 
 EXTRA PRAESENTIAM MARITI (Lat.) 
 Out of the presence of her husband. 
 
EXTRA QUATUOR MARI 
 
 889 
 
 EXTREME AND REPEATED 
 
 EXTRA QUATUOR MARI (Lat. beyond 
 four seas) . Out of the realm. 1 Bl. Comm. 
 157. 
 
 EXTRA REGNUM (Lat.) Out of the 
 realm. 7 Coke, 16a; 2 Kent, Comm. 42, note. 
 
 EXTRA TERRITORIUM. Outside terri- 
 tory (of a state or county) . 2 Kent, Comm. 
 407. 
 
 EXTRA TERRITORIUM JUS DICENTI 
 non paretur Impune. One who exercises ju- 
 risdiction out of his territory cannot be 
 obeyed with impunity. 10 Coke, 77; Dig. 2. 
 1. 20; Story, Confl. Laws, § 539. 
 
 EXTRA VIAM. Out of the way. When, in 
 an action of trespass, the defendant pleads 
 a right of way, the defendant may reply 
 extra viam, that the trespass was committed 
 beyond the way, or make a new assignment. 
 16 East, 343, 349. 
 
 EXTRA VIRES, Beyond powers. See 
 "Ultra Vires." 
 
 EXTRACT. A part of a writing. In gen- 
 eral, an extract is not evidence, because the 
 whole of the writing may explain the part 
 extracted, so as to give it a different sense; 
 but sometimes extracts from public books 
 are evidence, as extracts from the registers 
 of births, marriages, and burials, kept ac- 
 cording to law, when the whole of the mat- 
 ter has been extracted which relates to the 
 cause or matter in issue. 
 
 EXTRACTA CURIAE. The issues or prof- 
 its of holding a court, arising from the cus- 
 tomary dues, fees, and amercements. Cow- 
 ell. 
 
 EXTRADITION (Lat. ex, from, traditie, 
 handing over) . The surrender by one sover- 
 eign state to another, on its demand, of per- 
 sons charged with the commission of crime 
 within its jurisdiction, that they may be 
 dealt with according to its laws. 
 
 International Extradition. The sur- 
 render of persons charged with crime by one 
 foreign state to another, on its demand, pur- 
 suant to treaty stipulations between them. 
 
 Interstate Extradition. The surrender 
 
 of persons by one federal state to another, 
 on its demand, pursuant to their federal con- 
 stitution and laws. Persons subject to ex- 
 tradition, see "Fugitive from Justice." 
 
 EXTRADOTAL PROPERTY. In Louisi- 
 iana this term is used to designate that 
 property which forms no part of the dowry 
 of a woman, and which is also called "para- 
 phernal property." Civ. Code La. art. 2315. 
 
 EXTRAHURA. In old English law. An es- 
 tray. Spelman. 
 
 EXTRAJUDICIAL. That which does not 
 belong to the judge or his jurisdiction, 
 notwithstanding which he takes cognizance 
 of it. Extrajudicial judgments and acts are 
 
 absolutely void. See "Coram non Judice;" 
 Merlin, Repert. "Exces de Pouvoir." 
 
 EXTRAJUDICIUM. Extrajudicial; out of 
 the proper cause. Judgments rendered or 
 acts dope by a court which has no jurisdic- 
 tion of the subject, or where it has no juris- 
 diction, are said to be "extrajudicial." 
 
 EXTRANEUS. 
 
 In Old English Law. One foreign 
 
 born; a foreigner. 7 Rep. 16, 
 
 In Roman Law. An heir not born in 
 
 the family of the testator | those of a for- 
 eign state. The same as ahenus. Vicat; Du 
 Cange. 
 
 EXTRANEUS EST SUBDITUS QUI EX- 
 tra terram, I. e., postestatem regis natus est. 
 A foreigner is a subject who is born out of 
 the territory, i. e., government of the king. 
 7 Coke, 16. 
 
 EXTRAORDINARY CARE. The utmost 
 possible diligence. It is that required of 
 common carriers of passengers, and in a few 
 other relations, and has been defined to be 
 the doing of all that is possible to human 
 sagacity and foresight under the circum- 
 stances. 85 Me. 34; 68 Mo. 340, 
 
 EXTRAORDINARY REMEDIES. The 
 
 writs of mandamus, habeas corpus, quo war- 
 ranto, and other special writs, not ancillary 
 to an ordinary action, are sometimes so 
 called. 
 
 EXTRAPAROCHIAL (Lat.) Out of a par- 
 ish; not within the bounds or limits of any 
 parish. 1 Bl. Comm. 118, 284. 
 
 EXTRATERRITORIALITY. That quality 
 of laws which makes them operate beyond 
 the territory of the power enacting them, 
 upon certain persons or certain rights. See 
 Wheaton, Int. Law (6th Ed.) 121 et seq. 
 
 EXTRA VAGANTES. In canon law. The 
 name given to the constitutions of the popes 
 posterior to the Clementines. 
 
 They are thus called, quasi vagantes extra 
 corpus juris, to express that they were out 
 of the canonical law, which at first con- 
 tained only the decrees of Gratian. After- 
 wards the Decretals of Gregory IX., the 
 Sexte of Boniface VIII., the Clementines, 
 and at last the Extravagantes, were added 
 to it. There are the Extravagantes of John 
 XXII. and the common Extravagants. The 
 first contain twenty epistles, decretals, or 
 constitutions of that pope, divided under fif- 
 teen titles, without any subdivision into 
 books. The others are epistles, decretals, 
 or constitutions of the popes who occupied 
 the holy see either before or after John 
 XXII. They are divided into books, like 
 the decretals, 
 
 EXTREME AND REPEATED CRUELTY. 
 
 See Cruelty. 
 
EXTREMIS 
 
 390 
 
 EYRER 
 
 EXTREMIS (Lat.) When a person is sick 
 beyond the hope of recoverjr, and near death, 
 he is said to be in extremis. 
 
 A will made in this condition, if made 
 without undue influence, by a person of 
 sound mind, is valid. As to the effect of 
 declarations of persons in extremis, see 
 "Dying Declarations;" "Declaration." 
 
 EXTREMIS PROBATIS, PRAESUMUN- 
 tur media. Extremes being proved, inter- 
 mediate things are presumed. Tray. Lat. 
 Max. 207. ' 
 
 EXTUMAE (Law Lat.) In old records. 
 Eeliques. Cowell. 
 
 EXUERE PATRIAM (Lat). To throw off 
 or renounce one's country or native alle- 
 giance; to expatriate one's self. Phillim. 
 Dom. 18. 
 
 EXULARE (Lat.) In old English law. To 
 exile or banish. Nullus liber homo, exuletur, 
 nisi, etc., no freeman shall be exiled, un- 
 less, etc. Magna Charta, c. 29; 2 Inst. 47. 
 
 EY. A watery; place; water. Co. Litt. 6. 
 
 EYE-WITNESS. One who saw the act or 
 fact to which he testifies. When an eye-wit- 
 ness testifies, and is a man of intelligence 
 and integrity, much reliance must be placed 
 on his testimony, for he has the means of 
 making known the truth. 
 
 EYOTT. A small island arising in a river. 
 Fleta, lib. 3, c. 2, s. b; Bracton, lib. 2, c. 2. 
 See "Island." 
 
 EYRE. See "Eire." 
 
 EYRER. To go about. See "Eire." 
 
391 
 
 FACT 
 
 F. The sixth letter of the alphabet. A 
 fighter or maker of frays, if he had no ears, 
 •was to be branded in the cheek with this let- 
 ter. Cowell. Those who had been guilty of 
 falsity were to be so marked. 2 Reeve, Hist. 
 Eng. Law, 392. 
 
 F. O. B. Free on board. A mercantile 
 term used in contracts of sale where the 
 seller agrees to put the goods on board cars 
 at a specified place, but freight is paid by 
 the buyer. 
 
 FABRIC LANDS. In English law. Lands 
 given for the repair, rebuilding, or mainte- 
 nance of cathedrals or other churches. 
 
 It was the custom, says Cowell, for almost 
 every one to give by will more or less to 
 the fabric of the cathedral or parish church 
 where he lived. These lands so given were 
 called "fabric lands," because given ad fa- 
 bricam ecclesiae reparandam, for repairing 
 the fabric of the church. Called by the 
 Saxons "timber lands." Cowell; Spelman. 
 
 FABRICA. In old English law. The mak- 
 ing or coining of money. Mem. in Scacc. H. 
 12 Edw. I. 
 
 FABRICARE (Lat.) To make. Used of 
 an unlawful making, as counterfeiting coin 
 (1 Salk. 342), and also of a lawful coining. 
 
 FABULA. In old European law. A con- 
 tract or formal agreement; but particularly 
 used in the Lombardic and Visigothic laws 
 to denote a marriage contract or a will. 
 Spelman. 
 
 FAC SIMILE PROBATE. In England, 
 where the construction of a will may be af- 
 fected by the appearance of the original pa- 
 per, the court will order the probate to pass 
 in fac simile, as it may possibly help to 
 show the meaning pf the testator. 1 Wil- 
 liams, Ex'rs (7th Ed.) 331, 386, 566. 
 
 FACE. The face of an instrument is that 
 which it shows without extrinsic explana- 
 tion. 
 
 FACERE (Lat.) In civil law. To do; to 
 make. A word of very comprehensive sig- 
 nification. Dig. 50. 16. 218. See Calv. Lex. 
 "Brissonius." An important word formerly 
 in the language of writs and contracts, and 
 the general language of the law. 
 
 Facere defalfum, to make default. Brac- 
 ton, fols. 238, 334b, 360b, 363. 
 
 Facere duellum, to make the duel; to en- 
 gage in the combat, or make or do battle, 
 as the phrase still is. Bracton, fol. 141b. 
 
 Facere finem, to make or pay a fine. Id. 
 fol. 154. 
 
 Facere legem, to make one's law. Id. fols. 
 156b, 334b, 335b, 410. 
 
 Facere sacramentum, to make oath. Id. 
 fols. 50b, 185b. See "Make." • 
 
 FACIAS (Lat. facere, to make, to do). 
 That you cause. Occurring in the phrases 
 scire facias, that you cause to know, and 
 fieri facias, that you cause to be made, etc. 
 Used also in the phrases do ut facias, I give 
 that you may do, and fado ut facias, I do 
 that you may do, two of the four divisions 
 of considerations made by Blackstone (2 
 Comm. 444). 
 
 FACIENDO (Law Lat. from facere; Law 
 Fr. fesaunt). Doing, making, or paying; 
 one of the apt words of reserving a rent, 
 used in ancient deeds. Co. Litt. 47a. Ap- 
 plied usually to those services which con- 
 sisted of acts done (factiones). Faciendo 
 inde talia servitia, doing therefor such serv- 
 ices. Bracton, fol. 35b; Fleta, lib. 3, c. 14, 
 § 17. 
 
 FACIES (Lat.) The face, outward appear- 
 ance or color of a thing; the inspection or 
 view of a thing. Prima facies, the first face 
 or appearance. Prima fade, on the first 
 view or color, — at first blush, as the modern 
 phrase is. Bracton, fols. 29, 280. See "Col- 
 or." 
 
 FACILE. In Scotch law. Easily persuad- 
 ed; easily imposed upon. Bell, Diet. 
 
 FACILITY. In Scotch law. Pliancy of dis- 
 position. Bell, Diet. 
 
 FACINUS QUOS INQUINAT AEQUAT. 
 
 Guilt makes equal those whom it stains. 
 
 FAC 10 UT DES (Lat. I do that you may 
 give). A species of contract which occurs 
 when a man agrees to perform anything 
 for a price either specifically mentioned, or 
 left to the determination of the law to set 
 a value on it; as when a servant hires him- 
 self to his master for certain wages, or an 
 agreed sum of money. 2 Bl. Comm. 445. 
 
 FACIO UT FACIAS (Lat. I do that you 
 may do). A species of contract in the civil 
 law which occurs when I agree with a man 
 to do his work for him if he will do mine 
 for me; or if two persons agree to marry 
 together, or to do any other positive acts 
 on both sides; or it may be to forbear on 
 one side in consideration of something done 
 on the other. 2 Bl. Comm. 444. 
 
 FACT {Lat. factum) . An action ; a thing 
 done; a circumstance. 
 
 "Fact" is much used in modern times in 
 distinction from "law." Thus, in every case 
 to be tried there are facts to be shown to 
 exist to which the law is to be applied. If 
 law is, as it is said to be, a rule of action, 
 the fact is the action shown to have been 
 done, and which should have been done in 
 accordance with the rule. Fact, in this sense, 
 means a thing done or existing. 
 
FACTA 
 
 392 
 
 FACTUM PROBANDUM 
 
 Material facts are those which are essen- 
 tial to the right of action or defense. 
 
 Immaterial facts are those which are not 
 essential to the right of action or defense. 
 
 Material facts must be shown to exist; 
 immaterial facts need not. The existence 
 of facts is generally determined by the jury; 
 but there are many facts of which a court 
 takes cognizance. See "Judge;" "Jury;" 
 "Cognizance." As to pleading material facts, 
 see Gould, PI. c. 3, § 28. And see 3 Bouv. 
 Inst, note 3150, 
 
 FACTA. In ol4 English lawv Deeds. 
 Facta armorwm, deeds or feats of arms; 
 that is, jousts or tournaments. Cowell. 
 
 Facts. Facta et casus, facts and cases. 
 Bracton, fol. lb. 
 
 FACTA SUNT POTENTIORA VERBIS. 
 
 Facts are more powerful than words. 
 
 FACTA TENENT MULTA QUAE FIERI 
 prohibentur. Deeds contains many things 
 which are prohibited to be done. 12 Coke, 
 ' 124. 
 
 FACTIO TESTAMENTI (Lat.) In Civil 
 law. The power of making a will, including 
 right and capacity. Also the power of re- 
 ceiving under a will. Vicat. 
 
 FACTO. In fact; by an act; by the adt 
 or fact. Ipso facto, by the act itself; by the 
 mere effect of a fact, without anything su- 
 peradded, or any proceeding upon it to give 
 it eiffect. 3 Kent, Comm. 55, 58. 
 
 FACTOR. An agent employed to sell 
 goods or merchandise consigned or deliv- 
 ered to him, by or for his principal, for a 
 compensation, commonly called "factorage" 
 or "commission." Paley, Ag. 13; 1 Liver- 
 more, Ag. 68; Story, Ag. § 33; Comyn, Dig. 
 "Merchant" (B) ; Malynes, Lex. Merc. 81; 
 Beawes, Lex. Merc. 44; 3 Chit. Com. Law, 
 193; 2 Kent, Comm. (3d Ed.) 622, note (d) ; 
 1 Bell, Comm. 385, §§ 408, 409; 2 Barn. 
 & Aid. 143. 
 
 A domestic factor is one who resides in 
 the same country with his principal. 
 
 A foreign factor is one who resides in a 
 different country from his principal. 1 
 Term R, 112; 4 Maule & S. 576. 
 
 A "factor" differs from a "broker" in that 
 he is intrusted with the possession and 
 management of the goods to be sold, while 
 a broker has only an agency to sell, or pos- 
 session of documents. Story, Ag. § 33. 
 
 In Maritime Law. A factor was an- 
 ciently an agent who accompanied the ship, 
 the cargo being consigned for sale, and fie 
 being empowered to purchase a return car- 
 go out of the proceeds. Such an agent is 
 usually called a "supercargo." Beawes, Lex. 
 Merc. 44, 47. 
 
 FACTORAGE. The wages or allowances 
 paid to a factor for his services. It is more 
 usual to call this "commissions." 1 Bouv. 
 Inst, note 1013; 2 Bouv. Inst, note 1288. 
 
 FACTORIZING PROCESS. A process for 
 attaching effects of the debtor in the hands 
 of a third party. It is substantially the 
 same process known as the garnishee pro- 
 cess, trustee process, process by foreign at- 
 tachment, Drake, Attachm. § 451. 
 
 FACTORS' ACTS. A name given to cer- 
 tain English statutes, of which 40 & 41 
 Vict. c. 39, is the latest, validating pledges 
 by factors to bona fide pledgees. 
 
 FACTORY. In Scotch law. A contract 
 which partakes of a mandate and locatio ad 
 operandum, and which is in the English and 
 American law books discussed under the 
 title ' of "Principal and Agent." 1 Bell, 
 Comm. 259. 
 
 FACTUM, A man's own act and deed; a 
 culpable or criminal act; an act not founded 
 in law; a deed; a written instrument under 
 seal. Called, also, oharta. Spelman; 2 Bl. 
 Comm. 295. 
 
 The difference between factum and charta 
 originally would seem to have been that 
 factum denoted the thing done, and charta 
 the evidence thereof. Co. Litt. 9b. When a 
 man denies by his plea that he made a deed 
 on which he is sued, he pleads nan est fac- 
 tum, he did not make it. 
 
 In wills, factum seems to retain an active 
 signification, and to denote a making. See 
 11 How. (U. S.) 358. 
 
 A fact. Factum probandum, the fact to 
 be proved. 1 Greenl. Ev. § 13. 
 
 A portion of land granted to a farmer; 
 otherwise called a hide, bovata, etc. Spel- 
 man. 
 
 In French Law. A memoir which 
 
 contains, concisely set down, the fact on 
 which a contest has happened, the means 
 on which a party founds his pretensions, 
 with the refutation of the means of the ad- 
 verse party. See Vicat. 
 
 FACTUM A JUDICE QUOD AD EJUS OF- 
 ficium non spectat, non ratum est. An act 
 of a judge which does not pertain to his 
 office is of no force. 10 Coke, 76; Dig. 50. 
 17. 170; Broom, Leg. Max. (3d London Ed.) 
 89, 
 
 FACTUM CUIQUE SUUM, NON ADVER- 
 sario, nocere debet. A man's actions should 
 injure himself, not his adversary. Dig. 50. 
 17. 155, 
 
 FACTUM INFECTUM FIERI NEQUIT. 
 
 What is done cannot be undone. 1 Kames, 
 Eq. 96, 259, 
 
 FACTUM NEQANTIS NULLA PROBA- 
 tlo. No proof is incumbent on him who de- 
 nies a fact, 
 
 FACTUM NON DIClTUR QUOD NON 
 perseverat. That is not said to be done 
 which does not last. 6 Coke, 96; Shep. 
 Touch. (Prest. Ed.) 391, 
 
 FACTUM PROBANDUM, The fact tO be 
 proved. 
 
FACTUM PROBANS 
 
 393 
 
 FAILURE OP ISSUE 
 
 FACTUM PROBANS. An evidentiary fact. 
 
 FACTUM UNIUS ALTERI NOCERE NON 
 debet. The deed of one should not hurt an- 
 other. Co. Litt. 152. 
 
 FACULTAS PROBATIONUM NON EST 
 angustanda. The right of offering proof is 
 not to be narrowed. 4 Inst. 279. 
 
 FACULTIES OF HUSBAND. His ability 
 by earnings, or out of accumulated re- 
 sources, to pay alimony which may be 
 awarded to a wife suing for divorce. It 
 should be alleged as a foundation for an 
 allowance of alimony or support. Not in 
 common use, 
 
 FACULTY. 
 
 —^\n Canon Law. A license; an author- 
 ity. For example, the ordinary, having the 
 disposal of all seats in the nave of a church, 
 may grant this power, which, when it is 
 delegated, is called a "faculty," to another. 
 
 Faculties are of two kinds: First, when 
 the grant is to a man and his heirs in 
 gross; second, when it is to a person and 
 his heirs as appurtenant to a house which 
 he holds in the parish. 1 Term R. 429, 432; 
 12 Coke, 106. 
 
 In Scotch Law. Ability or power. The 
 
 term "faculty" is more properly applied to 
 a power founded on the consent of the 
 party from whom it springs, and not found- 
 ed on property. Karnes, Eq. 504. 
 
 In American Colleges. The faculty is 
 
 the body of instructors. 
 
 FACULTY OF ADVOCATES. The college 
 or society of advocates in Scotland. 
 
 FADERFIUM. A marriage gift coming 
 from the father or brother of the bride. 
 
 FAEDER FEOH. The portion brought by 
 a wife to her husband, and which reverted 
 to a widow, in case the heir of her deceased 
 husband refused his consent to her second 
 marriage; i. e., it reverted to her family in 
 case she returned to them. Anc. Inst. Eng. 
 
 FAESTING MEN. Approved men who 
 were strong armed. Subsequently the word 
 seems to have been used in the sense of 
 "rich," and hence it probably passed into 
 its later and common meaning of pledges 
 or bondsmen, which, by Saxon custom, were 
 bound to answer for each other's good be- 
 havior. Cowell; Du Cange. 
 
 FAGGOT. A badge worn by persons who 
 had recanted and abjured what was then 
 adjudged to be heresy, as an emblem of 
 what they had merited. Cowell. 
 
 FAGGOT VOTES. A faggot vote is where 
 a man is formallry possessed of a right to 
 vote for members of parliament, without 
 possessing the substance which the vote 
 should represent; as if he is enabled to 
 buy a property, and at the same moment 
 mortgage it to its full value for the mere 
 
 sake of the vote. Such a vote is called a 
 "faggot vote." Wharton. 
 
 FAIDA. In Saxon law. Great and open 
 hostility which arose on account of some 
 murder committed. The term was applied 
 only to that deadly enmity in deference to 
 which, among the Germans and other 
 northern nations, if murder was committed, 
 punishment might be demanded from any 
 one of kin to the murderer by any one of 
 the kin of the murdered man. Du Cange; 
 Spelman. 
 
 FAILING CIRCUMSTANCES. Means 
 more than actual insolvency, for that is 
 consistent with an honest belief of the in- 
 solvent debtor, of his wealth and prosper- 
 ity; the words would seem to imply that 
 the insolvent is about failing, and closing 
 his affairs, from an inability to continue 
 his business, and to meet his payments. 24 
 Conn. 310. Failing circumstances imply 
 that the insolvent is about failing and 
 closing his affairs, knowing his inability to 
 continue in business and meet his payments. 
 35 Conn. 482. 
 
 FAILLITE (Fr.) Bankruptcy; failure; the 
 condition of a merchant who ceases to pay 
 his debts. 3 Masse, Dr. Comm. 171; Guyot, 
 Rep. Univ. • 
 
 FAILURE OF CONSIDERATION. Failure 
 of a party to a contract, whether by fault 
 or necessity, to perform that which he has 
 obligated himself to do. 
 
 To constitute failure of consideration, 
 there must be failure to perform that which 
 was promised; subsequent depreciation of 
 the thing promised (86 N. C. 498), though 
 due to inherent defects (78 111. 578), not be- 
 ing a legal failure of consideration. 
 
 It is a phase of want of consideration, the 
 contract being invalid for absence of con- 
 sideration after the consideration has failed. 
 But in another sense, want of consideration 
 implies that there never was a considera- 
 tion, while failure of consideration implies 
 the existence of mutual promises at the 
 making of the contract, and the subsequent 
 breach of one party. 
 
 Failure of consideration differs from non- 
 performance or breach only as to the point 
 of view; the same acts constituting a fail- 
 ure of consideration in respect to the effect 
 to release the other party from his obliga- 
 tion, and a breach in respect to the effect 
 to render the nonperforming party liable in 
 damages. 
 
 FAILURE OF ISSUE. A want of issue to 
 take an estate limited over by an execu- 
 tory devise. 
 
 Failure of issue is definite or indefinite. 
 When the precise time for the failure of is- 
 sue is fixed by the will, as in the case of a 
 devise to Peter, but, if he dies without is- 
 sue living at the time of his death, then to 
 another, this is a failure of issue definite. 
 An indefinite failure of issue is the very con- 
 
FAILURE OF RECORD 
 
 394 
 
 FALCIDIAN LAW 
 
 verse or opposite of this, and it signifies a 
 general failure of issue, whenever it may 
 happen, without fixing any time, or a cer- 
 tain or definite period, within which it must 
 happen. 2 Bouv. Inst, note 1849. See "Dy- 
 ing Without Issue." 
 
 FAILURE OF RECORD. The neglect to 
 produce the record after having pleaded it. 
 When a defendant pleads a matter, and of- 
 fers to prove it by the record, and then 
 pleads nul tiel record, a day is given to the 
 defendant to bring in the record. If he 
 fails to do so, he is said to fail, and, there 
 being a failure of record, the plaintiff is en- 
 titled to judgment. Termes de la Ley. See 
 the form of entering it, 1 Wm. Saund. 92, 
 note 3. 
 
 FAINT (or FEIGNED) ACTION. In old 
 English practice. An action was so called 
 where the party bringing it had no title to 
 recover, although the words of the writ 
 were true. A false action was properly 
 where the words of the writ were false. 
 Litt. § 689; Co. Litt. 361. 
 
 FAINT PLEADER. A false, fraudulent, 
 or collusory manner of pleading, to the de- 
 ception of a third person. 
 
 FAIR. A public mart or place ot buying 
 and selling. 1 Bl. Comm. *274. A greater 
 species of market, recurring at more distant 
 intervals. 
 
 A fair is usually attended by a greater 
 concourse of people than a market, for the 
 amusement of whom various exhibitions are 
 gotten up. McCulloch; Wharton. 
 
 A solemn or greater sort of market, grant- 
 ed to any town by privilege, for the more 
 speedy and commodious provision of such 
 things as the subject needeth, or the utter- 
 ance of such things as we abound in above 
 our own uses and occasions. Cowell; Cun- 
 ningham. A privileged market. 
 
 A fair is a franchise which is obtained 
 by a grant from the crown. 2 Inst. 220; 3 
 Mod. 123; 3 Lev. 222; 1 Ld. Raym. 341; 2 
 Saund. 172; 1 RoUe, Abr. 106; Tomlins; 
 Cunningham. 
 
 In the United States, fairs, in the ancient 
 sense, are almost unknown. They are recog- 
 nized in Alabama (Aik. Dig. 409, note), 
 and in North Carolina, where they are reg- 
 ulated by statute (1 Rev. St. N. C. 282). 
 
 FAIR COMMENT. A fair comment (ex- 
 cusing what would otherwise be a libel) is a 
 comment which is either true, or which, if 
 false, expresses the real opinion of its au- 
 thor (as to the existence of matter of 
 fact, or otherwise), such opinion having 
 been formed with a reasonable degree of 
 care and on reasonable grounds. Steph. Cr. 
 202. 
 
 FAIR-PLAY MEN. A local Irregular tri- 
 bunal which existed in Pennsylvania about 
 the year 1769. 
 
 About the year 1769 there was a tract of 
 country in Pennsylvania situate between 
 
 Lycoming creek and Pine creek, in which 
 the proprietaries prohibited the making of 
 surveys, as it was doubtful whether it had 
 or had not been ceded by the Indians. Al- 
 though settlements were forbidden, yet ad- 
 venturers settled themselves there. Being 
 without the pale of ordinary authorities, 
 the inhabitants annually elected a tribunal, 
 in rotation, of three of their number, whom 
 they denominated "fair-play men," who 
 had authority to decide all disputes as to 
 boundaries. Their decisions were final, and 
 enforced by the whole community en 
 masse. Their decisions are said to have 
 been just and equitable. 2 Smith, Pa. Laws, 
 195; Sergeant, Land Laws Pa. 77. 
 
 FAIR PLEADER. The name of a writ 
 given by the statute of Marlebridge, 52 
 Hen. III. c. 11. See "Beaupleader," 
 
 FAIT. Anything done; a deed lawfully 
 executed. Comyn, Dig. Femme de fait, a 
 wife de facto. 
 
 FAIT ENROLLE. A deed enrolled, as a 
 bargain and sale of freeholds. 1 Keb. 568. 
 
 FAITOURS. Idle persons; idle livers; 
 vagabonds. Termes de la Ley; Cowell; 
 Blount; Cunningham. 
 
 FALCARE (Lat.) To cut or mow down. 
 Falcare prata, to cut or mow down grass in 
 meadows hayed (laid in for hay) was a 
 customary service for the lord by his in- 
 ferior tenants. Kennett. 
 
 Falcator, the tenant performing the serv- 
 ice. 
 
 Falcatwra, a day's mowing; falcatura 
 una, once mowing the grass. 
 
 Falcatio, a mowing. 
 
 Falcata, that which was mowed. Ken- 
 nett; Cowell; Jacob. 
 
 FALCIDIA. In Spanish law. The fourth 
 portion of an inheritance, which legally be- 
 longs to the heir, and for the protection of 
 which he has the right to reduce the legacies 
 to three fourths parts of the succession, in 
 order to protect his interest. 
 
 FALCIDIAN LAW. In Roman law. A 
 statute or law restricting the right of dis- 
 posing of property by will, enacted by the 
 people during the reign of Augustus, on the 
 proposition of Falcidius, who was a trib- 
 une in the year of Rome 714. 
 
 Its principal provision gave power to fa- 
 thers of families to bequeath three-fourths 
 of their property, but deprived them of the 
 power to give away the other fourth, which 
 was to descend to the heir. Inst. 2. 22. This 
 fourth was termed the "Falcidian portion." 
 
 A similar principle has been adopted in 
 Louisiana, where donations inter vivos or 
 mortis causa .cannot exceed two-thirds of 
 the property of the disposer, if he leaves at 
 his decease a legitimate child; one-half, if 
 he leaves two children; and one-third, it 
 he leaves three or a greater number. Civ. 
 Code, art. 1480. 
 
FALCIDIAN PORTION 
 
 395 
 
 FALSE IMPRISONMENT 
 
 A similar principle prevailed in England 
 in earlier times, and it was not until after 
 the Restoration that the power of a father 
 to dispose of all his property by will be- 
 came fully established. 2 Bl. Comm. 11. 
 As to the early history of testamentary law, 
 see Maine, Anc. Law. 
 
 At the present day, by the common law, 
 the power of the father to give all his prop- 
 erty is unqualified. He may bequeath it to 
 his children equally, to one in preference 
 to another, or to a stranger in exclusion of 
 all, except that his widow has a right of 
 dower in his real property. In some of the 
 states, the statutes authorizing bequests and 
 devises to charitable corporations limit the 
 amount which a testator may give, to a 
 certain fraction of his estate. 
 
 FALCIDIAN PORTION. That portion of 
 a testator's estate which, by the Falcidian 
 law, was required to be left to the heir, 
 amounting to at least one-fourth. Civ. Code 
 La. art. 1608; 1 White, New Recop. 106. 
 
 FALDA (Spanish). The slope or skirt of 
 a hill. 2 Wall. (U. S.) 673. 
 
 In Old English Law. A sheep fold; 
 
 the liberty of faldage, or setting up in a 
 field a movable pen for sheep. 
 
 FALDAE CURSUS. A sheep walk. 2 
 Vent. 139. 
 
 FALDAGE. The privilege which ancient- 
 ly several lords reserved to themselves of 
 setting up folds for sheep in any fields with- 
 in their manors, the better to manure them, 
 and this not only with their own, but their 
 tenants' sheep. Called, variously, secta fal- 
 dare, fold-course, free-fold, faldagii. Cun- 
 ningham; Cowell; Spelman. 
 
 FALDATA. In old English law. A flock 
 or fold of sheep. Cowell. 
 
 FALDFEY. A compensation paid by some 
 customary tenants that they might have lib- 
 erty to fold their own sheep on their own 
 land. Cunningham; Cowell; Blount. 
 
 FALDISDORY. The bishop's seat or 
 throne within the chancel. 
 
 FALDSOCA (Saxon). The liberty or priv- 
 ilege of foldage. 
 
 FALDSTOOL, or FOLDSTOOL. A place 
 at the south side of the altar at which the 
 sovereign kneels at his coronation. 
 
 FALDWORTH. A person of age that he 
 may be reckoned of some decennary. Du 
 Fresne. 
 
 FALERAE. In old English law. The 
 tackle and furniture of a cart or wain. 
 Blount. 
 
 FALESIA. In old English law. A hill, or 
 down by the seaside. Co. Litt. 5b; Domes- 
 day Book. 
 
 FALK LAND. See "Fololand." 
 
 FALL. In Scotch law. To lose. To fall 
 from a right is to lose or forfeit it. 1 
 Kames, Eq. 228. 
 
 FALL OF LAND. In English law. A 
 quantity of land six ells square, superficial 
 measure. 
 
 FALLO. In Spanish law. The final de- 
 cree or judgment given in a lawsuit. 
 
 FALSA DEMONSTRATIO (Lat.) In the 
 civil law. False designation; erroneous de- 
 scription of a person or thing in a written 
 instrument. Inst. 2. 20. 30. 
 
 FALSA DEMONSTRATIO NON NOCET. 
 A false description does not vitiate. 6 Term 
 R. 676. See 2 Story (U. S.) 291; 1 Greenl. 
 Ev. § 301; Broom, Leg. Max. (3d London 
 Ed.) 562; 2 Pars. Cont. 62, note, 69, note, 
 72, note, 76, note; 4 C. B. 328; 11 C. B. 208; 
 14 C. B. 133. 
 
 FALSA DEMONSTRATIONE LEGATUM 
 non perimi. A legacy is not destroyed by 
 an incorrect description. 3 Bradf. Sur. (N. 
 Y.) 144, 149. 
 
 FALSA M ON ETA. In Civil law. False or 
 counterfeit money. Code, 9. 24. 
 
 FALSA ORTHOGRAPHIA, SIVE FALSA 
 
 grammatica, non vitiat concessionem. False 
 spelling or false grammar does not vitiate 
 a grant. 9 Coke, 48; Shep. Touch. 55. 
 
 FALSARE. To counterfeit. Bracton, fol. 
 276b. 
 
 FALSARIUS, or FOLSONARIUS. A 
 
 counterfeiter. Towns. PI. 260; Hov. Frauds, 
 
 424. 
 
 FALSE ACTION. See "Feigned Action." 
 
 FALSE CHARACTER. Personating the 
 master or mistress of a servant, or any rep- 
 resentative of such master or mistress, and 
 giving a false character to the servant, is 
 an offense punishable in England with a 
 fine of £20. St. 32 Geo. III. c. 56. 
 
 FALSE FACT. In the law of evidence. 
 The appearance or semblance of a fact; a 
 fact existing only in statement, without any 
 foundation in truth. Burr. Circ. Evid. 218, 
 219. 
 
 FALSE IMPRISONMENT. Any unlawful 
 restraint of a man's liberty, whether in a 
 place made use of for imprisonment gener- 
 ally, or in one used only on the particular 
 occasion, or by words and an array of 
 force, without bolts or bars, in any locality 
 whatever. 2 Bish. Crim. Law, § 669; 8 N. 
 H. 550; 9 N. H. 491; 7 Humph. (Tenn.) 
 43; 12 Ark. 43; 7 Q. B. 742; 6 Vt. 588; 3 
 Blackf. (Ind.) 46; 9 Johns. (N. Y.) 117; 
 1 A. K. Marsh. (Ky.) 345. 
 
 The characteristic of false imprisonment 
 is the unlawfulness of the detention. If the 
 person is detained under valid process, 
 though it be erroneously or maliciously is- 
 
FALSE JUDGMENT* 
 
 396 
 
 FALSI CRIMEN 
 
 sued, it is not false imprisonment. 58 Wis. 
 276; 17 Kan. 436. 
 
 FALSE JUDGMENT (havf "Lai. faleum ju- 
 dicium; breve de falso judicio). In English 
 law. A writ which lies to the courts at 
 Westminster to reverse the judgment of 
 some inferior court not of record., 3 Bl. 
 Comm. 34, 406; Fitzh. Nat. Brev. 18; Finch, 
 Law, bk. 4, c. 47. 
 
 FALSE LATIN. In old practice. Ungram- 
 matical Latin. Before the statute_ directing 
 law proceedings to be in English, if a Latin 
 word was significant, though not true or 
 good Latin, yet an indictment, declaration, 
 or fine should not be impeached or quashed 
 on account of it, as where the word proefato 
 was used for proefatoe, and the like. But 
 if the word was not Latin, nor allowed by 
 the law as voeabulum artis (a word or term 
 of art) , but was insensible there, if it were 
 in a material point, as if murdredum was 
 used for murdrum, in an indictment, or 
 burgariter for burglariter, it made the 
 whole vicious and insufficient. 5 Coke, 121b. 
 See 4 Mod. 159; 5 Mod. 281; 11 "Mod. 399. 
 
 FALSE NEWS. Spreading false news, 
 whereby discord may grow between the sov- 
 ereign of England and his people, or the 
 great men of the realm, or which may pro- 
 duce other mischiefs, still seems to be a 
 misdemeanor, under St. 3 Edw. I. c. 34. 
 Steph. Dig. Crim. Law, § 95. 
 
 FALSE PERSONATION. See "Persona- 
 tion." 
 
 FALSE PRETENSES. In criminal law. 
 False representations and statements, made 
 with a fraudulent design to obtain "money, 
 goods, wares, and merchandise," with in- 
 tent to cheat. 2 Bouv. Inst, note 2308. 
 
 Such a fraudulent representation of a 
 past or existing fact by one who knows it 
 not to be true as is adapted to induce the 
 person to whom it is made to part with 
 something of value. 2 Bish. Crim. Law, 
 § 415. 
 
 The offense is distinguished from "lar- 
 ceny" by the intent with which the injured 
 person parts with his property. In lar- 
 ceny, the property is taken against the 
 owner's will, while by false pretenses he 
 is induced to voluntarily part with it. 77 N. 
 Y. 114. 
 
 At common law it was not criminal to ob- 
 tain property by false representation with- 
 out false weights, measures, or tokens, but 
 this is generally changed by statute. To 
 constitute the offense of obtaining property 
 by false pretenses: 
 
 (1) There must be an actual representa- 
 tion. 
 
 (2) The representation must be of a fact, 
 not a prediction of future events, a promise, 
 an expression of opinion, or mere dealer's 
 talk. 
 
 (3) The pretense must be false at the 
 time the property is obtained. 
 
 (4) It must be reasonably calculated to 
 deceive, when considered with reference to 
 the capacity of the person to whom it is 
 made. 
 
 (5) It must be made (a) with knowledge 
 that it is false; (b) with intent to defraud; 
 (c) with intent to deprive the owner of his 
 property. 
 
 (6) It must deceive the party to whom jt 
 is made; that is, it must be relied on. 
 
 (7) Negligence of the person defrauded 
 is no defense. 
 
 (8) The property must be actually ob- 
 tained. 
 
 (9) The person to whom the pretense was 
 made must be defrauded. 
 
 (10) The thing obtained must be within 
 the terms of the statutes. 2 Clark & Mar- 
 shall, Crimes, 818. ' 
 
 FALSE RETURN. A return made by the 
 sheriff, or other ministerial officer, to a 
 writ, in which is stated a fact contrary to 
 the truth, and injurious to one of the par- 
 ties, or some one having an interest in it. 
 
 FALSE SWEARING. .In English law. A 
 misdemeanor consisting of making a will- 
 fully false oath, but not in a judicial pro- 
 ceeding, by which circumstance it is distip- 
 guished from perjury. 
 
 FALSE TOKEN. A false document or 
 sign of the existence of a fact, — in general 
 used for the purpose of fraud. See 2 Star- 
 kie, Ev. 563. 
 
 It must be something real and visible. 58 
 Ga. 409. 
 
 FALSEDAD. In Spanish law. Falsity; 
 an alteration of the truth. Las Partidas, pt. 
 3, tit. 26, lib. 1. 
 
 Deception; fraud. Id. pt. 3, tit. 32, lib. 21. 
 
 FALSEHOOD. Any untrue assertion or 
 proposition; a willful act or declaration con- 
 trary to the truth. 
 
 It does not always and necessarily imply 
 a lie or willful untruth, but is generally 
 used in the second sense here given. It is 
 committed either by the willful act of the 
 party, or by dissimulation, or by words. It 
 is willful, for example, when the owner of 
 a thing sells it twice, by different contracts, 
 to different individuals, unknown to them; 
 for in this the seller must willfully declare 
 the thing is his own when he knows that 
 it is not so. It is committed by dissimu- 
 lation when a creditor, having an under- 
 standing with his former debtor, sells the 
 land of the latter although he has been paid 
 the debt which was due to him. Falsehood 
 by word is committed when a witness 
 swears to what he knows not to be true. 
 See Rose. Crim. Ev. 362. 
 
 FALSI CRIMEN. Fraudulent subornation 
 or concealment, with design to darken or 
 hide the truth, and make things appear 
 otherwise than they are. It is committed 
 (1) by words, as when a witness swears 
 falsely; (2) by writing, as when a person 
 
FALSIFY 
 
 397 
 
 FAMILY 
 
 antedates a contract; (3) by deed, as sell- 
 ing by false weights and measures. Whar- 
 ton. See "Crimen Falsi." 
 
 FALSIFY. 
 
 ——In Chancery Practice. To prove that 
 an item in an account before the court as 
 complete, which is inserted to the debit of 
 the person falsifying, should have been 
 omitted. 
 
 When a bill to open an account has been 
 filed, the plaintiff is sometimes allowed to 
 surcharge and falsify such account; and if 
 anything has been inserted that is a wrong 
 charge, he is at liberty to show it, and that 
 is a falsification. 2 Ves. Jr. 565; 11 Wheat. 
 (U. S.) 237. See "Surcharge." 
 
 —In Criminal Law. To alter or make 
 false. The alteration or making false a rec- 
 ord is punishable at common law by statute 
 in the states, and, if of records of the 
 United States courts, by act of congress of 
 April 30, 1790. 1 Story, U. S. Laws, 86. 
 
 A fraudulent falsification of accounts is 
 generally criminal. 140 Mass. 279; 18 Hun 
 (N. Y.) 393. 
 
 In Practice. To prove a thing to be 
 
 false. Co. Litt. 104b. 
 
 FALSING. In Scotch law. Making or 
 proving false. Bell, Diet. 
 
 FALSING OF DOOMS. In Scotch law. 
 Protesting against a sentence, and taking 
 an appeal to a higher tribunal. Bell, Diet. 
 
 An action to set aside a decree. Skene de 
 Verb. Sign, 
 
 FALSO RETORNO BREVIUM (Law Lat.) 
 In old English law. The name of a writ 
 which might have been sued out against a 
 sheriff for falsely returning writs. Cun- 
 ningham. 
 
 FALSONARIUS. A forger; a counterfeit- 
 er. See "Palsarius." Hov. Frauds, 424. 
 
 FALSUM (Lat.) In civil law. A fraudu- 
 lent imitation, perversion, or suppression 
 of truth, such as an imitation of another's 
 handwriting, or an instrument or writing 
 belonging to him; a cutting out of a part of 
 a writing. 
 
 FALSUS IN UNO, FALSUS IN OIVINI- 
 
 bus. False in one thing, false in everything. 
 1 Sumn. (U. S.) 356; 7 Wheat. (U. S.) 
 338; 3 Wis. 645; 2 Jones (N. C.) 257. 
 
 FAMA, FIDES, ET OCULUS NON PATI- 
 untur ludum. Fame, plighted faith, and eye- 
 sight do not endure deceit. 3 Bulst. 226. 
 
 FAMA, QUAE SUSPICIONEM INDUCIT, 
 oriri debet apud bonos et graves, non qui- 
 dem maievolos et maledicos, sed providas 
 et fide dignas personas, non semel sed sae- 
 pius, quia clamor minuit et defamatio manl- 
 festat. Report, which Induces suspicion 
 ought to arise from good and grave men; 
 not, indeed, from malevolent and malicious 
 men, but from cautious and credible per- 
 
 sons; not only once, but frequently; for 
 clamor diminishes, and defamation mani- 
 fests. 2 Inst. 52. 
 
 FA MAC IDE. A Slanderer. 
 
 FAMILIA (Lat.) 
 
 In Roman Law. A family. 
 
 This word had four different accepta- 
 tions in the Roman law. In the first and 
 most restricted sense it designated the 
 pater-familias, — ^his wife, his children, and 
 other descendants subject to his paternal 
 power. In the second and more enlarged 
 sense it comprehended all the agnates, — 
 that is to say, all the different families who 
 would all be subject to the paternal author- 
 ity of a common chief if he were still liv- 
 ing. Here it has the same meaning as 
 agnatio. In a third acceptation it comprises 
 the slaves and those who are in mancipio 
 of the chief, although considered only as 
 things, and without any tie of relationship. 
 And, lastly, it signifies the whole fortune or 
 patrimony of the chief. See "Pater-Fami- 
 lias;" 1 Ortolan, 28. 
 
 In Old English Law. A household; all 
 the servants belonging to one master. Du 
 Cange; Cowell. A sufficient quantity of 
 land to maintain one family. The same 
 quantity of land is called sometimes mansa 
 (a manse), familia, ca/rucata. Du Cange; 
 Cunningham; Cowell; Creasy, Church Hist. 
 
 FAMILIAE EMPTOR. In Roman law. An 
 intermediate person who purchased the ag- 
 gregate inheritance when sold per aes et 
 libram, in the process of making a will un- 
 der the Twelve Tables. This purchaser was 
 merely a man of straw, transmitting the in- 
 heritance to the haeres proper. Brown. 
 
 FAMILIAE ERCISCUNDAE (Lat.) In 
 civil law. An action which lay for any of 
 the coheirs for the division of what fell to 
 them by inheritance. Stair, Inst. lib. 1, tit. 
 7, § 15. 
 
 FAMILIARES REGIS. Persons of the 
 king's household. The ancient title of the 
 "six clerks" of chancery in England. Crabb, 
 Com. Law, 184; 2 Reeve, Hist. Eng. Law, 
 249, 251. Familier de la chauncery. Kel- 
 ham. 
 
 FAMILY. Persons collectively who live 
 together in a house or under one head; a 
 household. 90 IlL 252; 26 111. App. 262. 
 
 Father, mother, and children, including 
 the servants of the family. All the relations 
 who descend from a common ancestor, or 
 who spring from a common root. Code La. 
 art. 3522, No. 16; 9 Ves. 323. 
 
 As used 'in homestead and exemption 
 laws, it generally includes all persons resi- 
 dent under a roof whom the head of the 
 family is under legal or moral duty to sup- 
 port. Thomp. Homest. & Ex. § 44. 
 
 In other connections it has been given a 
 wider significance, having been held to in- 
 clude servants, but not boarders (53 111. 
 
FAMILY ARRANGEMENTS 
 
 398 
 
 FARM 
 
 263), or even permanent boarders, but not 
 visitors (13 Mass. 520). 
 
 In the construction of wills, the word 
 "family," when applied to personal proper- 
 ty, is synonymous with "kindred," or "rela- 
 tions," meaning next of kin, as applied to 
 personalty (9 Ves. 323), and heirs at law, 
 as applied to realty (17 Ves. 255). It may 
 nevertheless be confined to particular rela- 
 tions by the context of the will, or may be 
 enlarged by it, so that the expression may 
 in some cases mean children, or next of 
 kin, and in others may even include rela- 
 tions by marriage. 1 Rop. Leg. 115; 1 Hov. 
 Supp. to Ves. 365, notes 6, 7; 2 Ves. Jr. 110; 
 4 Ves. 708; 5 Ves. 156; 17 Ves. 255; 3 East, 
 172; 6 Maule & S. 126. See "Legatee;" Dig. 
 50. 16. 195. 2. 
 
 FAMILY ARRANGEMENTS. An agree- 
 ment made between a father and his son, 
 or children, or between brothers, to dispose 
 of property in a different manner to that 
 which would otherwise take place. 
 
 In these cases, frequently, the mere rela- 
 tion of the parties will give effect to bar- 
 gains otherwise without adequate considera- 
 tion. 1 Chit. Prac. 67; 1 Turn. & R. 13. 
 
 FAMILY BIBLE. A Bible containing a 
 record of the births, marriages, and deaths 
 of the members of a family. 
 
 FAMILY MEETINGS, or FAMILY COUN- 
 cils. In Louisiana. Meetings of at least five 
 relations, or, in default of relations of mi- 
 nors or other persons on whose interest 
 they are called upon to deliberate, then of 
 the friends of such minors or other per- 
 sons. 
 
 The appointment of the members of the 
 family meeting is made by the judge. The 
 relations or friends must be selected from 
 among those domiciliated in the parish in 
 which the meeting is held. The relations are 
 selected according to their proximity, be- 
 ginning with the nearest. The relation is 
 preferred to the connection in the same de- 
 gree; and among relations of the same de- 
 gree the eldest is preferred. The under tu- 
 tor must also be present. 6 Mart. (La.; N. 
 S.) 455. 
 
 The family meeting is held before a jus- 
 tice of the peace, or notary public, appoint- 
 ed by the judge for the purpose. It is 
 called for a fixed day and hour, by cita- 
 tions delivered at least three days before 
 the day appointed for that purpose. 
 
 The members of the family meeting, be- 
 fore commencing their deliberations, take 
 an oath before the officer before whom the 
 meeting is held, to give their advice ac- 
 cording to the best of their knowledge 
 touching the interests of the person respect- 
 ing whom they are called upon to deliberate. 
 The officer before whom the family meeting 
 is held must make a particular proees ver- 
 bal of the deliberations, cause the members 
 of the family meeting to sign it, if they 
 know how to sign, and must sign it himself, 
 and deliver a copy to the parties that they 
 
 may have it homologated. Civ. Code La. arts. 
 305-311; Civ. Code, bk. 1, tit. 10, c. 2, | 4. 
 See 31 La. Ann. 31; 14 La. Ann. 251: 10 
 La. 328. 
 
 FAMOSUS LIBELLUS (Lat.) Among the 
 civilians, these words signified that species 
 of injuria which corresponds nearly to libel 
 or slander. 
 
 FANAL. Fr. In French Marine law. A 
 large lantern, fixed upon the highest part 
 of a vessel's stern. Ord. Mar, Appendix. 
 
 FANATICS. In old English law. Per- 
 sons pretending to be inspired, and being a 
 general name for Quakers, Anabaptists, 
 and all other sectaries, and factious dis- 
 senters from the Church of England. St. 
 13 Car. IL c. 6; Jacob. 
 
 FAN EGA. In Spanish law. A measure ot 
 land, which is not the same in every prov- 
 ince. Dice, de la Acad.; 2 White, Coll. 49. 
 In Spanish America, the fanega consisted 
 of six thousand four hundred square varas, 
 or yards. 2 White, Coll. 138. 
 
 FARANDMAN. In Scotch law. A mer- 
 chant stranger (peregrinus mercator). 
 Skene de Verb. Sign. Spelman gives the 
 word faramannus, from the law of the Bur- 
 gundians (tit. 54, § 2), and derives it from 
 Saxon faran, or foeran, to travel. 
 
 FARDEL. The fourth part of a yardland. 
 Spelman. According to others, the eighth 
 part. Noy, CompL Lawy. 57;'Cowell. See 
 Cunningham. 
 
 FARDELLA. In old English law. A bun- 
 dle or pack; a fardel. Fleta, lib. 1, c. 22, 
 § 10. 
 
 FARDING DEAL. In old English law. The 
 fourth part of an acre of land. Cowell. But 
 Spelman considers it the same as fardel 
 (q. V.) 
 
 FARE, A voyage or passage; the money 
 paid for a voyage or passage. The latter is 
 the modern signification. 1 Bouv. Inst, note 
 1036, 
 
 FARINAGIUM. A miU. L. Salic, tit. 32, 
 § 3; Spelman. 
 
 FARLEU, or FARLEY. Money paid by 
 tenants in lieu of a heriot. It was often ap- 
 plied to the best chattel, as distinguished 
 from heriot, the best beast. Cowell. 
 
 FARLINGARII. Whoremongers and adul- 
 terers, 
 
 FARM. 
 
 Fearme, Ferm, Firm, (L. Lat, Firma; 
 from Sax. fearme, feorme, food or provi- 
 sions). 
 
 In English Law. The rent of land un- 
 der lease, anciently reserved and paid in 
 provisions, (in eduliis), Spelman, voc. 
 Firma. Cowell, voc. Ferme. 2 Bl. Comm. 
 318; when paid in money {hlanch& finm). 
 
FARM LET 
 
 399 
 
 FATUUS 
 
 Spelman; 2 Bl. Comm. 42. 
 
 A term; a lease of lands; a leasehold in- 
 terest. 2 Sharswood, Bl. Comm. 17; 1 
 Reeve, Hist. Eng. Law, 301, note; 6 Term 
 R. 532; 2 Chit. PI. 879, note (e). The land 
 itself, let to farm or rent. 2 Bl. Comm. 368. 
 
 It is usually the chief messuage in a vil- 
 lage or town whereto belongs great demesne 
 of all sort. Cowell; Cunningham; Termes 
 de la Ley. 
 
 A large tract or portion of land taken by 
 a lease under a yearly rent payable by the 
 tenant. Tomlin.s. 
 
 From this latter sense is derived its com- 
 mon modern signification of a large tract 
 used for cultivation or other purposes, as 
 raising stock, whether hired or owned by 
 the occupant, including a messuage with 
 outbuildings, gardens, orchard, yard, etc. 
 Plowd. 195; Touch. 93. 
 
 In American or Modern Law. A tract 
 
 of land devoted, in part at least, to cultiva- 
 tion, without reference to its extent, or to 
 the tenure by which it is held. 132 111. App. 
 277; 18 Pick. (Mass.) 553; 2 Bin. (Pa.) 
 238; 47 How. Pr. (N. Y.) 446. 
 
 FARM LET. Technical words in a lease 
 creating a term for wears. Co. Litt. 45b; 2 
 Mod. 250; 1 Washb. Real Prop. Index, 
 "Lease." 
 
 FARM OUT. To rent for a certain term. 
 The collection of the revenue among the 
 Romans was farmed out. 
 
 FARMER. The lessee of a farm. It is 
 said that every lessee for life or years, al- 
 though it be but of a small house and land, 
 is called "farmer." This word implies no 
 mystery, except it be that of husbandman. 
 Cunningham; Cowell; 3 Sharswood, Bl. 
 Comm. 318. 
 
 In common parlance, and as a term of 
 description in a deed, "farmer" means- one 
 who cultivates a farm, whether he owns it 
 or not. There may also be a farmer of the 
 revenue, or of other personal property, as 
 well as lands. Plowd. 195 ; Cunningham. 
 
 FARRAGO LIBELLI (Lat.) An ill-com- 
 posed book containing a collection of mis- 
 cellaneous subjects not properly associated 
 nor scientifically arranged. Wharton. 
 
 FARRIER. One who takes upon himself 
 the public emplojrment of shoeing horses. 
 
 Like an innkeeper, a common carrier, and 
 other persons who assume a public employ- 
 ment, a farrier is bound to serve the public 
 as far as his employment goes, and an ac- 
 tion lies against him for refusing, when a 
 horse is brought to him at a reasonable time 
 for such purpose, if he refuses (Oliph. 
 Horses, 131), and he is liable for the un- 
 skillfulness of himself or servant in per- 
 forming such work (1 Bl. Comm. 431), 
 but not for the malicious act of the servant 
 in purposely driving a nail into the foot of 
 the horse with the intention of laming him 
 (2 Salk. 440). 
 
 FARTHING. An English coin; the fourth 
 part of a penny. 
 
 FARVAND. Standing by itself, this word 
 signifies "passage by sea or water." In 
 charter parties, it means voyage or pass- 
 age by water. 18 C. B. 880.. 
 
 FARYNDOT*J INN. The ancient appela- 
 tion of Serjeants' Inn. See "Inns of Court." 
 
 FAS (Lat.) Right; justice; the divine 
 law. 3 Bl. Comm. 2; Calv. Lex. 
 
 FASIUS. A faggot of wood. 
 
 FAST BILL OF EXCEPTIONS. In Geor- 
 gia, a bill of exceptions authorized in cer- 
 tain cases, in which the time for taking 
 each step is much shorter than that pre- 
 scribed in other cases, and a speedy review 
 of the cases is made possible. See 66 Ga. 
 353. 
 
 FAST ESTATE. Real property; a term 
 sometimes used in wills. 6 Johns. (N. Y.) 
 185; 9 N. Y. 602. 
 
 FASTERMANNES. Securities; bonds- 
 men. Spelman. 
 
 FASTI. In Roman law. Lawful. Dies fas- 
 ti, lawful days; days on which justice could 
 lawfully be administered by the praetor. 
 See "Dies Fasti." 
 
 FATETUR FACINUS QUI JUDICIUM 
 
 fugit. He who flees judgment confesses his 
 guilt. 3 Inst. 14; 5 Coke, 109b. But see 
 Best, Pres. § 248. 
 
 FATHER. He by whom a child is begot- 
 ten. 
 
 FATHOM. A measure of length, equal to 
 six feet. 
 
 The word is probably derived from the 
 Teutonic word "fad," which signifies the 
 thread or yarn drawn out in spinning to 
 the length of the arm, before it is run upon 
 the spindle. Webster; Minsheu. 
 
 FATUA MULIER. A whore. Du Fresne. 
 
 FATUITAS. In old English law. Idiocy. 
 Reg. Orig. 266. 
 
 FATUM (Lat.) Fate; a superhuman pow- 
 er; an event or cause of loss, beyond hu- 
 man foresight pr means of prevention. 
 
 FATUOUS PERSON. One entirely desti- 
 tute of reason; is qui omnino desipit. Ersk. 
 Inst. bk. 1, tit. 7, § 48. 
 
 FATUUS. An idiot or fool. Braotion, fol. 
 420b. 
 
 Foolish; absurd; indiscreet; or ill consid- 
 ered. Fatuum judicium, a foolish judgment 
 or verdict. Bracton, fol. 289. Applied to 
 the verdict of a jury which, though false, 
 was not criminally so, or did not amount to 
 perjury. Id. 
 
PATUUS 
 
 400 
 
 FEAL AND DIVOT 
 
 FAT U US, APUD JURI8C0NSULT0S 
 nostros, accipitur pro non compos mentis; 
 et fatuus dicitur, qui omnino desipit. Fatu- 
 ous, among our jurisconsults, is understood 
 for a man not of right mind; and he is 
 called "fatuus" who is altogether foolish. 4 
 Coke, 128. 
 
 FATUUS PRAESUIMITUR QUI IN PRO- 
 prio nomine errat. A man is presumed to 
 be simple who makes a mistake in his own 
 name. Code, 6. 24. 14: 5 Johns. Ch. (N. Y.) 
 148, 161. 
 
 FAUBOURG. A district or part of a town 
 adjoining the principal city; as a faubourg 
 of New Orleans. 18 La. 286. 
 
 FAUCES TERRAE (Lat. jaws of the 
 land). Projecting headlands or promonto- 
 ries, including arms of the sea. Such arms 
 of the sea are said to be inclosed within 
 the fauces terrae, in contradistinction to the 
 open sea. 1 Kent, Comm. 367. Where these 
 fauces approach so near that a man stand- 
 ing on one shore can discern what another 
 man is doing on the other shore, the water 
 inclosed is infra corpus comitatum, within 
 the body of the county. Andr. 231; 4 Inst. 
 140; 2 East, P. C. 804; 5 Wheat. (U. S.) 
 106; 5 Mason (U. S.) 290; 1 Story (U. S.) 
 259. 
 
 FAULT. An improper act or omission, 
 which arises from ignorance, carelessness, 
 or negligence. The act or omission must 
 not have been meditated, and must have 
 caused some injury to another. Lee. Elm. 
 § 783. See "Dolus;" "Negligence;" 1 Miles 
 (Pa.) 40. 
 
 Gross fault or neglect consists in not ob- 
 serving that care towards others which a 
 man the least attentive usually takes of his 
 own affairs. Such fault may, in some cases, 
 afford a presumption of fraud, and in very 
 gross cases it approaches so near as to be 
 almost undistinguishable from it, especially 
 when the facts seem hardly consistent with 
 an honest intention. But there may be a 
 gross fault without fraud. 2 Strange, 1099; 
 Story, Bailm. §§ 18-22; TouUier, Dr. Civ. 
 lib. 3, tit. 3, § 231. 
 
 Ordinary faults consist in the omission of 
 that care which mankind generally pay to 
 their own concerns; that is, the want of or- 
 dinary diligence. 
 
 A slight fault consists in the want of 
 that care which very attentive persons take 
 of their own affairs. This fault assimilates 
 itself to, and in some cases is scarcely dis- 
 tinguishable from, mere accident or want of 
 foresight. 
 
 This division has been adopted by com- 
 mon lawyers from the civil law. Although 
 the civilians generally agree in this division, 
 yet they are not without a difference of 
 opinion. See Pothier, Observation generale 
 sur le precedent Traite, et sur les suivants, 
 printed at the end of his Traite des Obliga- 
 tions, where he cites Accurse, Alciat, Cujas, 
 Duaren, D'Avezan, Vinnius, and Heineccius 
 
 in support of this division. On the other 
 side the reader is referred to Thomasius, 
 tom. 2, Dissertationem, page 1006; Le Brun, 
 cited by Jones, Bailm. 27; and Toullier, Dr. 
 Civ. liv. 3, tit. 3, § 231. 
 
 In Maritime Law. "Fault" is the tech- 
 nical term for negligence, particularly that 
 contributing to a collision of vessels. 
 
 In the Law of Sale. Defects, of any 
 
 kind. 29 N. H. 343; 12 Ired. (N. C.) 49. 
 
 FAUTOR. In Spanish law. Accomplice; 
 the person who aids or assists another in 
 the commission of a crime. 
 
 FAUX. In French law. A falsification or 
 fraudulent alteration or suppression cf a 
 thing by words, by writings, or by acts 
 without either. Biret, Vocab. 
 
 Toullier says (tom. 9, note 188) : "Faux 
 may be understood in three ways: In its 
 most extended sense, it is the alteration of 
 truth, with or without intention; it is near- 
 ly synonymous with lying; in a less extend- 
 ed sense, it is the alteration of truth, ac- 
 companied with fraud, mutatio veritatis cum 
 dolo facta; and lastly, in a narrow, or rath- 
 er the legal, sense of the word, When it is a 
 question to know if the faux be a crime, it 
 is the fraudulent alteration of the truth in 
 those cases ascertained and punished by the 
 law." See "Crimen Falsi." 
 
 FAVOR. Bias; partiality; lenity; preju- 
 dice. 
 
 The grand jury are sworn to inquire into 
 all offenses which have been committed, 
 and into all violations of law, without fear, 
 favor, or affection. See "Grand Jury." 
 When a juror is influenced by bias or preju- 
 dice, so that there is not sufficient ground 
 for a principal challenge, he may neverthe- 
 less be challenged for favor. See "Chal- 
 lenge;" Bac. Abr. "Juries" (E) ; Dig. 50.17. 
 156. 4; 7 Pet. (U.'S.) 160, 
 
 FAVORABILIA IN LEGE SUNT FISCUS, 
 dos, vita, tibertas. The treasury, dower, life, 
 and liberty are things favored in law. Jenk. 
 Cent. Cas. 94. 
 
 FAVORABILIORES REI POTIUS GUAM 
 actores habentur. Defendants are rather to 
 be favored than plaintiffs. Dig. 50. 17. 125. 
 See 8 Wheat. (U. S.) 195, 196; Broom, Leg. 
 Max. (3d London Ed.) 639. 
 
 FAVORABILIOREIS SUNT EXECUTIO- 
 nes aliis processibus quibuscunque. Execu- 
 cutions are preferred to all other processes 
 whatever. Co. Litt. 287. 
 
 FAVORES AIVIPLIANDI SUNT; ODIA 
 restringenda. Favorable inclinations are to 
 be enlarged; animosities restrained. Jenk. 
 Cent. Cas. 186. 
 
 FEAL. Faithful. Britt. fol. 1. 
 
 FEAL AND DIVOT. A right in Scotland, 
 similar to the right of turbary in England, 
 for fuel, etc. Wharton. 
 
FEALTY 
 
 401 
 
 FEE 
 
 FEALTY. That fidelity which every man 
 who holds lands of another owes to him of 
 whom he holds. 
 
 Under the feudal system, every owner of 
 lands held them of some superior lord, from 
 whom or from whose ancestors the tenant 
 had received them. By this connection the 
 lord became bound to protect the tenant in 
 the enjoyment of the land granted to him; 
 and, on the other hand, bhe tenant was 
 bound to be faithful to his lord, and to de- 
 fend him against all his enemies. This ob- 
 ligation was called fdelitas, or fealty. 1 Bl. 
 Comm. 263; 2 Bl. Comm. 86; Co. Litt. 67b; 
 2 Bouv. Inst, note 1566. 
 
 This fealty was of two sorts,— that which 
 is general, and is due from every subject 
 to his prince ; the other special, and required 
 of such only as in respect of their fee are 
 tied by this oath to their landlords. 1 Bl. 
 Comm. 367; Cowell. 
 
 The oath or obligation of fealty was one 
 of the essential requisites of the feudal re- 
 lation. 2 Sharswood, Bl. Comm. 45, 86; 
 Litt. §§ 117, 131; Wright, Ten. 35; Termes 
 de la Ley; 1 Washb. Real Prop. 19. Fealty 
 was due alike from freeholders and tenants 
 for years as an incident to their estates, 
 to be paid to the reversioner. Co. Litt. 67b. 
 Tenants at will did not have fealty. 2 Flint- 
 oflf, Real Prop. 222; Burton, Real Prop. 
 395, note; 1 Washb. Real Prop. 371. 
 
 It has now fallen into disuse, and is no 
 longer exacted. 3 Kent, Comm. 510; Wright, 
 Ten. 35, 55; Cowell. 
 
 FEAR. In criminal law. Dread; con- 
 sciousness of approaching danger. 
 
 To constitute rape, the fear must be of 
 death or great bodily harm. 39 Fla. 155; 
 45 Conn. 263; 139 Ind. 531. 
 
 Fear is an element of several crimes, and 
 the nature and extent thereof varies with 
 the crime. Thus, to constitute robbery, 
 where the taking was by putting in fear, 
 the fear may be of injury to the person (2 
 East, P. C. 712), of injury to property (2 
 East, P. C. 731), or of injury to character 
 or reputation (12 Ga. 319). See "Putting in 
 Fear." 
 
 FEASANCE. A doing; the doing of an 
 act. 
 
 A making; the making of an indenture, 
 release, or obligation. Litt. § 371; Dyer, 
 (Fr. Ed.) 56b. The making of a statute. 
 Keilw. lb. 
 
 FEASANT, Doing or making. 
 
 FEASOR (Lat.) Doer; maker. Feasors 
 del estatute, makers of the statute. Dyer, 
 3b. 
 
 FEASTS. Certain established periods in 
 the Christian church. Formerly the days of 
 the feasts of saints were used to indicate 
 the dates of instruments and memorable 
 events. 8 TouUier, Dr. Civ. note 81. These 
 are yet used in England. There they have 
 Easter term, Hilary term, etc. 
 
 FECIAL LAW. The law relating to dec- 
 larations of war and treaties of peace 
 among the Romans. So called from the 
 feciales (q. v.), who were charged with its 
 execution. 1 Kent, Comm. 6. See "Jus Fe- 
 ciale." 
 
 FECIALES. Amongst the ancient Ro- 
 mans, that order of priests who discharged 
 the duties of ambassadors. Subsequently 
 their duties appear to have related more 
 particularly to the declaring war and peace. 
 Calv. Lex. 
 
 FEDERAL. A term commonly used to ex- 
 press a league or compact between two or 
 more states. 
 
 In the United States, the central govern- 
 ment of the Union is federal. The constitu- 
 tion was adopted "to form a more perfect 
 union" among the states, for the purpose of 
 self-protection, and for the promotion of 
 their mutual happiness. 
 
 FEE. A reward or wages given to one for 
 the execution of his office, or for profes- 
 sional services, as those of a counsellor or 
 physician. Cowell. 
 
 Fees differ from costs in this, that the 
 former are, as above mentioned, a recom- 
 pense to the officer for his services; and the 
 latter, an indemnification to the party for 
 money laid out and expended in his suit. 
 11 Serg. & R. (Pa.) 248; 9 Wheat. (U. S.) 
 262. See 4 Bin. (Pa.) 267. 
 
 That which is held of some superior on 
 condition of rendering him services. 
 
 A fee is defined by Spelman (Feuds, c. 1) 
 as the right which the tenant or vassal has 
 to the use of lands, while the absolute prop- 
 erty remained in a superior. But this early 
 and strict meaning of the word speedily 
 passed into its modern signification of an 
 estate of inheritance. 2 Bl. . Comm. 106 ; 
 Cowell; Termes ^e la Ley; 1 Washb. Real 
 Prop. 51; Co. Litt. lb; 1 Prest. Est. 420; 
 3 Kent, Comm. 514. The term may be used 
 of other property as well as lands. Old 
 Nat. Brev. 41. 
 
 The term is generally used to denote as 
 well the land itself so held as the estate in 
 the land, which seems to be its stricter 
 meaning. Wright, Ten. 19, 49; Cowell. The' 
 word "fee" is explained to signify that the 
 land or other subject of property belongs to 
 its owner, and is transmissible, in the case 
 of an individual, to those whom the law 
 appoints to succeed him, under the appella- 
 tion of "heirs;" and, in the case of cor- 
 porate bodies, to those who are to take on 
 themselves the corporate function, and, 
 from the manner in which the body is to 
 be continued, are denominated "successors." 
 1 Co. Litt. 271b; Wright, Ten. 147, 150; 2 
 Bl. Comm. 104, 106; Bouv. Inst. Index. 
 Sometimes used for "fee simple." 
 
 The compass or circuit of a manor or 
 lordship. Cowell. 
 
 Fee Simple. An estate belonging to a 
 
 man and his heirs absolutely. An estate of 
 inheritance. Co. Litt. lb; 2 Bl. Comm. 106. 
 
FEE EXPECTANT 
 
 402 
 
 FELON 
 
 The word "simple" adds no meaning to the 
 word "fee," standing by itself. But it ex- 
 cludes all qualification or restriction as to 
 the persons who may inherit it as heirs, 
 thus distinguishing it from a fee tail, as 
 well as from an estate which, though in- 
 heritable, is subject to conditions or collat- 
 eral determination. 1 Washb. Real Prop. 51; 
 Wright, Ten. 146; 1 Prest. Est. 420; Litt. 
 § 1. 
 
 It is the largest possible estate which a 
 man can have, being an absolute estate in 
 perpetuity. It is where lands are given to 
 a man and to his heirs absolutely without 
 any end or limitation put to the estate. 
 Plowd. 557; Atk. Conv. 183; 2 Sharswood, 
 Bl. Comm. 106. 
 
 Fee Tail. One limited to particular 
 
 classes of heirs. An inheritable estate which 
 can descend to certain classes of heirs only. 
 It is necessary that they should be heirs "of 
 the body" of the ancestor. It corresponds 
 with the feudum talliatum of the feudal 
 law. The estate itself is said to have been 
 derived from the Roman system of restrict- 
 ing estates. 1 Spence, Eq. Jur. 21; 1 Washb. 
 Real Prop. 66; 2 Bl. Comm. 112, note. See, 
 also, 2 Inst. 333; White & T. Lead, Cas. 
 607; 4 Kent, Comm. 14 et seq. 
 
 Determinable Fee. One which is lia- 
 ble to be determined, but which may con- 
 tinue forever. 1 Plowd. 557; Shep. Touch. 
 97; 2 Bl. Comm. 109; Cro. Jac. 593; 10 
 Viner, Abr. 133; Fearne, Cont. Rem. 187; 3 
 Atk. 74; Ambl. 204; 9 Mod. 28. See "De- 
 terminable Fee." 
 
 Qualified Fee. An interest given to a 
 
 man and certain of his heirs at the time of 
 its limitation. Litt. § 254; Co. Litt. 27a, 
 220; 1 Prest. Est. 449. See "Qualified Fee." 
 
 Conditional Fee. This includes one 
 
 that is either to commence or determine on 
 some condition. 10 Coke, 95b; Prest. Est. 
 476; Fearne, Cont. Rem. 9. See "Condi- 
 tion." 
 
 FEE EXPECTANT. An estate where 
 lands are given to a man and his wife, and 
 the heirs of their bodies. 
 
 FEE FARM. Land held of another in fee; 
 that is, in perpetuity by the tenant and his 
 heirs at a yearly rent, without fealty, 
 homage, or other services than such as are 
 specially comprised in the feoffment. Cow- 
 ell. Fealty, however, was incident to a 
 holding in fee farm, according to some au- 
 thors. Spelman; Termes de la Ley. 
 
 Land held at a perpetual rent. 2 Shars- 
 wood, Bl. Comm. 43. 
 
 FEE-FARIVI RENT. The rent reserved on 
 granting a fee. farm. It might be one-fourth 
 the value of the land, according to Cowell; 
 one-third, according to other authors. Spel- 
 man; Termes de la Ley. 
 
 FEGANGI (from Saxon feh, money or 
 goods, and gauge, to go). In old European 
 law. A thief caught in the act of going 
 off with the thing stolen. LL. Longobard, 
 lib. 1, tit. 25, 1, 2; Spelman. 
 
 FEHMGERICHTE (or VEHMQERICHT). 
 An irregular tribunal which existed and 
 flourished in Westphalia during the thir- 
 teenth and fourteenth centuries. 
 
 From the close of the fourteenth century 
 its importance rapidly diminished, and it 
 was finally suppressed by Jerome Bonaparte 
 in 1811. 
 
 FEIGNED ACTION. In practice. An ac- 
 tion brought on a pretended right, when 
 the plaintiff has no true cause of action, for 
 some illegal purpose.^ In a feigned action, 
 the words of the writ are true. It differs 
 from "false action," in which case the words 
 of the writ are false. Co. Litt. 361, § 689. 
 
 FEIGNED ISSUE. In practice. An issue 
 brought by consent of the parties, or by the 
 direction of a court of equity, or of such 
 courts as possess equitable powers, to de- 
 termine before a jury some disputed mat- 
 ter of fact which the court has not the 
 power or is unwilling to decide. 3 Bl. Comm. 
 452; Bouv. Inst. Index. 
 
 FELAGUS (Lat.) One bound for another 
 by oath; a sworn brother. Du Cange. A 
 friend bound in the decennary for the good 
 behavior of another. One who took the place 
 of the deceased. Thus, if a person was mur- 
 dered, the recompense due from the murder- 
 er went to the father or mother of the de- 
 ceased; if he had none, to the lord; if he 
 had none, to his felagus, or sworn brother. 
 Cunningham; Cowell; Du Cange. 
 
 FELE. See "Feal." 
 
 FELIX QUI POTUIT RERUM C0GN08- 
 cere causas. Happy is he who has been able 
 to understand the causes of things. Co. Litt. 
 231. 
 
 FELLOW HEIR. A coheir; a partner of 
 the same inheritance. 
 
 FELLOW SERVANTS. Certain servants 
 of a common master, for injuries to one of 
 whom by the negligence of another the mas- 
 ter was not liable if he had exercised due 
 care in the selection of the servants, and 
 the providing of safe appliances. 
 
 The doctrine is an exception to the rule 
 of respondeat superior, and rests upon the 
 reason that coservants are better able to 
 guard against each other's negligence than 
 the master is to protect them. The earliest 
 English case is found in 3 ' Mees. & W. 1. 
 Earliest American cases are found in 1 
 McMull. (S. C.) 385, and 4 Mete. (Mass.) 
 49. 
 
 The question of who are fellow servants 
 has given rise to a diversity of rules in dif- 
 ferent jurisdictions, making a generar defi- 
 nition impossible. 
 
 FELO DE SE (Lat.) In criminal law. A 
 felon of himself; a self-murderer. See "Sui- 
 cide." 
 
 FELON. One convicted and sentenced for 
 a felony (q. v.) 
 
FELONIA 
 
 403 
 
 PEODARY 
 
 FELONIA (Lat.) Felony; the act or of- 
 fense by wliich a vassal forfeited his fee. 
 Spelman; Calv, 'Lex. Per feloniam, with a 
 criminal intention. Co. Litt. 391. 
 
 Felonioe was formerly used also in the 
 sense of "feloniously." Cunningham. 
 
 FELONIA, EX VI TERMINI, SIGNIFICAT 
 quodlibet capitate crimen felleo animo per- 
 petratum. Felony, by force of the term, 
 signifies some capital crime perpetrated 
 with a malignant mind. Co. Litt. 391. 
 
 FELONIA IMPLICATUR IN QUOLIBET 
 
 proditione. Felony is implied in every trea- 
 son. 3 Inst. 15. 
 
 FELONIOUS HOMICIDE. The killing of 
 a human creature, of my age or sex, with- 
 out justification or excuse. It may include 
 killing one's self, as well as any other per- 
 son. 4 Sharswood, Bl. Comm. 188. See 
 "Homicide." 
 
 FELONIOUSLY. In pleading. This is a 
 technical word which must be introduced in- 
 to every indictment for a felony, charging 
 the offense to have been committed felo- 
 niously. No other word nor any circumlocu- 
 tion will supply its place. Comyn, Dig. "In- 
 dictment" (G 6); Bac. Abr. "Indictment" 
 (G 1) ; 2 Hale, P. C. 172, 184; Hawk. P. C. 
 bk. 2, c. 25, § 55; Cro. Car. 37; Williams, 
 Just. "Indictment" (4); Cro. Eliz. 193; 5 
 Coke, 121; 1 Chit. Crim. Law, 242; 1 Ben- 
 nett & H. Lead. Crim. Cas. 154. 
 
 FELONY. 
 
 At Common Law. An offense which 
 
 occasions a total forfeiture of either lands 
 or goods, or both, to which capital or other 
 punishment may be superadded, according 
 to the degree of guilt. 4 Bl. Comm. 94, 95; 
 1 Russ. Crimes, 42; 1 Chit. Prac. 14; Co. 
 Litt. 391; 1 Hawk. P. C. c. 37; 5 Wheat. 
 (U. S.) 153, 159. 
 
 The common-law felonies were murder, 
 manslaughter, rape, sodomy, robbery, lar- 
 ceny, arson, burglary, and perhaps mayhem. 
 1 Clark & Marshall, Crimes, 12; 2 Bish. 
 New Crim. Law, § 1008. 
 
 ——In American Law. The word has no 
 clearly defined meaning, but includes of- 
 fenses of a considerable gravity. 1 Park. 
 Cr. R. (N. Y.) 39; 4 Ohio St. 542. 
 
 In the absence of a statute defining fel- 
 onies, ;t is generally held that no statutory 
 crime is a felony unless it is so declared by 
 the statute creating it. 66 Fed. 290; 7 Mass. 
 245. In other jurisdictions it is enacted that 
 all offenses punishable by death or by con- 
 finement in the penitentiary are felonies. 
 See 99 N. Y. 210; 35 Wis. 308; 10 Mich. 
 169; 89 Va. 570; 48 Me. 218. 
 
 FEME, Or FEMME. A woman. 
 
 FEME COVERT. A married woman. 
 
 FEME SOLE. An unmarried woman; in- 
 cludes widows and divorced women. 
 
 FEME SOLE TRADER. In English law. 
 A married woman, who, by the custom of 
 London, trades on her own account, inde- 
 pendently of her husband; so called be- 
 cause, with respect to her trading, she is 
 the same as a feme sole. Jacob; Cro. Car. 
 68. 
 
 The term is applied also to women de- 
 serted by their husbands, who do business 
 as femes sole. 1 Pet. (U. S.) 105. 
 
 FEMICIDE. The killing of a woman. 
 Wharton. 
 
 FEMININE. Of or belonging to females. 
 
 When the feminine is used, it is general- 
 ly confined to females; as, if a man be- 
 queathed all his mares to his son, his horses 
 would not pass. See 3 Brev. (N. C.) 9. 
 
 FENATIO, or FEONATIO. In forest law. 
 The fawning of deer; the fawning season. 
 Spelman. 
 
 FENCE. A structure or erection between 
 two contiguous estates, so as to divide 
 them, or on the same estate, so as to divide 
 one part from another. 
 
 In Scotch Law. To hedge in or pro- 
 tect by certain forms. To fence a court, to 
 open in due form. Pitc. Crim. Law, pt. 1, p. 
 75. 
 
 FENCE MONTH. A month in which it is 
 forbidden to hunt in the forest. It begins 
 fifteen days before midsummer, and ends fif- 
 teen days after. Manw. For. Laws, c. 23. 
 There were also fence months for fish. 
 Called, also, "defence month," because the 
 deer are then defended from "scare or 
 harm." Oowell; Spelman; Cunningham. 
 
 FENERATION. Usuary; the gain of in- 
 terest; the practice of increasing money by 
 lending. 
 
 FENGELD (Saxon). A tribute exacted for 
 repelling enemies. Spelman. 
 
 FEOD. Said to be compounded of the two 
 Saxon words feoh (stipend) and odh (prop- 
 erty) ; by others, to be composed of feoh 
 (stipend) and hod (condition). 2 Bl. Comm 
 45; Spelman. See "Fee." 
 
 FEODAL. Belonging to a fee or feud; 
 feudal. More commonly used by the old 
 writers than "feudal." 
 
 FEODAL ACTIONS. Real actions. 3 
 Sharswood, Bl. Comm. 117. 
 
 FEODALITY. Fealty. 
 
 FEODARY. An officer in the court of 
 wards, appointed by the master of that 
 court, by virtue of St. 82 Hen. VIII. c. 46 
 to be present with the escheator at the find- 
 ing offices, and to give in evidence for the 
 king as to value and tenure. He was also 
 to survey and receive rents of the ward 
 lands, and assign dower to the king's 
 widows. The office was abolished by St. 12 
 Car. II. c. 24; Kennett; Cowell. 
 
FEODATORY, or FEUDATORY 
 
 404 
 
 FERIAE 
 
 FEODATORY, or FEUDATORY. The ten- 
 ant who held his estate by feuiial service. 
 Termes de la Ley. 
 
 FEODI FIRMA (Law Lat.) Fee farm 
 (?• V.) 
 
 FEODI FIRMARIUS. The lessee of a fee 
 farm. 
 
 FEODUM. The form in use by the old 
 English law writers instead of feudum, and 
 having the same meaning. Feudwn is used 
 generally by the more modern writers and 
 by the feudal law writers. Litt. § 1; Spel- 
 man. There were various classes of feoda. 
 
 Feodum militaris or militare, a knight's 
 fee; feodum improprium,, an improper or 
 derivative feud; feodum, proprium, a pure 
 or proper fee; feodum simplex, a fee sim- 
 ple; feodum, talliatum, a fee tail. 2 Bl. 
 Comm. 58, 62; Litt. §§ 1, 13; Spelman. 
 
 FEODUM ANTIQUUM. , An inherited 
 feud, as distinguished from feodum, novum, 
 a feud acquired by the tenant. 
 
 FEODUM EST QUOD QUIS TENET EX 
 quacunque causa; sive sit tenementum sive 
 reddit^s. A fee is that which any one holds 
 from whatever cause, whether tenement or 
 rent. Go. Litt. 1. 
 
 FEODUM MOBILE. A fief for which the 
 tenant did guard and owed homage. Spel- 
 man. 
 
 FEODUM NOVUM. See "Feodum Antiq- 
 uum.!' 
 
 FEODUM SIMPLEX QUIA FEODUM 
 idem est quod haereditas, et simplex idem 
 est quod legitimum vel purum; et sic feodum 
 simplex Idem est quod haereditas legitlma 
 vel haereditas pura. A fee simple, so called 
 because fee is the same as inheritance, and 
 simple is the same- as lawful or pure; and 
 thus fee simple is the same as a lawful in- 
 heritance, or pure inheritance. Litt. § 1. 
 
 FEODUM TALLIATUM, i. e., HAEREDI- 
 
 tas In quandam certitudinem llmitata. Fee 
 tail, i. e., an inheritance limited in a defi- 
 nite descent. Litt. § 13. 
 
 FEOFFAMENTUM. A feoffment. 2 Bl. 
 Comm. 310. 
 
 FEOFFARE. To bestow a fee. 1 Reeve, 
 Hist. Eng. Law, 91. 
 
 FEOFFATOR. In old English law. A 
 feoflfer; one who gives or bestows a fee; 
 one who makes a feoffment. Bracton, • f ols. 
 12b, 81. 
 
 FEOFFEE. He to whom a fee is conveyed. 
 Litt. § Ij 2 Bl. Comm. 20. 
 
 FEOFFEE TO USES. A person to whom 
 land was conveyed for the use of a third 
 party. One holding the same position with 
 reference to a use that a trustee does to a 
 trust. 1 Greenl. Cruise, Dig. 333. He an- 
 
 swers to the haeres fiduciarius of the Ro- 
 man law. 
 
 FEOFFMENT. A gift of any corporeal 
 hereditaments to another. It operates by 
 transmutation of possession, and it is essen- 
 tial to its completion that the seisin be 
 passed. Watk. Conv. 183. 
 
 The conveyance of a corporeal heredita- 
 ment either by investiture or by livery of 
 seisin. 1 Sullivan, Lect. 143; 1 Washb. Real 
 Prop. 33. 
 
 The instrument or deed by which such 
 hereditament is conveyed. 
 
 This was one of the earliest moods of 
 conveyance used in the common law. It 
 signified originally the grant of a fee or 
 feud; but it came in time to signify the 
 grant of a fee inheritance in fee, respect 
 being had rather to the perpetuity of the 
 estate granted than to the feudal tenure. 
 1 Reeve, Hist. Eng. Law, 9D. The feoff- 
 ment was likewise accompanied by livery of 
 seisin. 1 Washb. Real Prop. 33. -The con- 
 veyance by feoffment with livery of seisin 
 has become infrequent, if not obsolete, in 
 England, and in this country has not been 
 used in practice. Cruise, Dig. tit. 32, c. 4, 
 § 3; Shep. Touch, c. 9; 2 Bl. Comm. 20; 
 Co. Litt. 9; 4 Kent, Comm. 467; Comyn, 
 Dig.; 12 Viner, Abr. 167; Bac. Abr.; Dane, 
 Abr. c. 104; 1 Washb. Real Prop. 33; 8 
 Cranch (U. S.) 229. 
 
 FEOFFOR. He who makes a feoffment. 2 
 Bl. Comm. 20; Litt. § 1. 
 
 FEOH (Saxon). A reward; wages; a fee. 
 The word was in common use in these 
 senses. Spelman, Feuds. 
 
 FEORME, or FEARME (Saxon; Law Lat. 
 fi/rma). Food, provisions. Spelman, voc. 
 "Firma." An entertainment or feast. Id. 
 Herod gegeafwode mycle feorme, Herod 
 made a great feast. Sax. Evang. St. Marc, 
 vi. 21. 
 
 Rent paid in provisions. Spelman, ubi 
 supra; Cowell, voc. "Perme;" 2 Bl. Comm. 
 318. 
 
 A manor. Spelman, ubi supra. Hence, 
 the Law Latin firma, and English ferm, 
 farm (q. v.) 
 
 FERAE BESTIAE. Wild beasts. 
 
 FERAE NATURAE (Lat. of a wild na- 
 ture; untamed). A term used to designate 
 animals not usually tamed, or not regarded 
 as reclaimed, so as to become the subjects 
 of property. 2 Bl. Comm. 390. 
 
 FERDFARE. A summons to serve in the 
 army. 
 
 FERIA (Lat.) In old English law. A 
 week day;' a holiday; a day on which pro- 
 cess may not be served; a fair; a ferry. Du 
 Cange; Spelman; Cowell; 4 Reeve, Hist. 
 Eng. Law, 17. 
 
 FERIAE (Lat.) In civil law. Holidays. 
 Numerous festivals were called by this 
 
FERIAL DAYS 
 
 405 
 
 FEUDAL LAW 
 
 name in the rCarly Roman empire. In the 
 later Roman empire the single days occur- 
 ring at intervals of a week apart, com- 
 mencing with the seventh day of the ec- 
 clesiastical year, were so called. Du Cange. 
 
 FERIAL DAYS. Originally and properly 
 days free from labor and pleading. In St. 
 27 Hen. VI. c. 5, working days. Cowell. 
 
 FERITA. A wound. 
 
 FERME (Saxon). A farm; a rent; a 
 lease; a house or land, or both, taken by in- 
 denture or lease. Plowd. 195; Vicat; Cow- 
 ell. See "Farm." 
 
 FERMER, or FERMOR. A lessee; a farm- 
 er; one who holds a term, whether of lands 
 or an incorporeal right, such as customs 
 or revenue. 
 
 FERMORY. A place in monasteries where 
 the poor were fed. Spelman. 
 
 FERRi (Lat.) In the civil law. To be 
 torne (on the person) . Distinguished from 
 portari, to be carried (on an animal). Dig. 
 50. 16. 235. 
 
 FERRIAGE. The toll or price paid for the 
 transportation of persons and property 
 across a ferry. 
 
 FERRY. A liberty to have a boat upon 
 a river for the transportation of men, 
 horses, and carriages, with their contents, 
 for a reasonable toll. 42 Me. 9; 3 Zab. (N. 
 J.) 206; Woolr. Ways, 217. The term is also 
 used to designate the place where such lib- 
 erty is exercised. 4 Mart. (La.; N. S.) 426; 
 30 Barb. (N. Y.) 311. 
 
 FERRYMAN. One employed in taking 
 persons across a river or other stream, in 
 boats or other contrivances, at a ferry. 3 
 Ala. 160; 8 Dana (Ky.) 158. 
 
 FESTINATIO JUSTITIAE EST NOVER- 
 ca infortunii. The hurrying of justice is the 
 stepmother of misfortune. Hob. 97. 
 
 FESTING MAN. A bondsman; a surety; 
 a pledge; a frank pledge. It was one priv- 
 ilege of monasteries that they should be 
 free from festing men, which Cowell ex- 
 plains to mean not to be bound for any 
 man's forthcoming who should transgress 
 the law. Cowell. 
 
 FESTING PENNY. Earnest given to serv- 
 ants when hired or retained. The same as 
 "arles penny." Cowell. 
 
 FESTINUM REMEDIUM (Lat. a speedy 
 remedy). A term applied to those cases 
 where the remedy for the redress of an in- 
 jury is given vsrithout any unnecessary de- 
 lay. Bac. Arb. "Assise" (A). The action of 
 dower is festinum remedtum, and so is that 
 of assise. 
 
 FETTERS. A sort of iron put on the leg 
 of a malefactor or a person accused of 
 crime. 
 
 FEU. In Scotch law. A holding or ten- 
 ure where the vassal in place of military 
 service makes his return in grain or money. 
 Distinguished from "wardholding," which is 
 the military tenure of the country. Bell, 
 Diet.; Ersk. Inst. lib. 2, tit. 3, § 7, 
 
 FEU ANNUALS. In Scotch law. The red- 
 dendo, or annual return from the vassal to 
 a superior in a feu holding. Wharton. 
 
 FEU ET LIEU (Pr.) In old French and 
 Canadian law. Hearth and home. A term 
 importing actual settlement upon land by a 
 tenant. 
 
 FEU HOLDING. A holding by tenure of 
 rendering grain or money in place of mili- 
 tary service. Bell, Diet. 
 
 FEUAR. In Scotch law. The tenant of a 
 feu; a feu vassal. Bell, Diet. 
 
 FEUD. Land held of a superior on con- 
 dition of rendering him services. 2 Bl. 
 Comm. 106. 
 
 A hereditary right to use lands, render- 
 ing services therefor to the lord, while the 
 property in the land itself remains in the 
 lord. Spelman, Feuds, c. 1. 
 
 The same as feod, fief, and fee. 1 Sulli- 
 van, Lect. 128; 1 Spence, Eq. Jur. 34; Dalr. 
 Feud. Prop. 99; 1 Washb. Real Prop. 18. 
 
 In Scotland and the north of England, a 
 combination of all the kin to revenge the 
 death of any of the blood upon the slayer 
 and all his race. Termes de la Ley; Whi- 
 shaw. 
 
 FEU DA. Fees. 
 
 FEUDAL ACTIONS. Real actions. 3 Bl. 
 Comm. 117. 
 
 FEUDAL LAW, or FEODAL LAW. A sys- 
 tem of tenures of real property which pre- 
 vailed in the countries of western Europe 
 during the middle ages, arising from the 
 peculiar political condition of those coun- 
 tries, and radically affecting the law of per- 
 sonal rights and of movable property. 
 
 Although the feudal system has never ob- 
 tained in this country, and is long since 
 extinct throughout the greater part of Eu- 
 rope, some understanding of the theory of 
 the system is essential to an accurate 
 knowledge of the English constitution, and 
 of the doctrines of the common law in re- 
 spect to real property. The feudal tenure 
 was a right to lands on the condition of 
 performing services and rendering alle- 
 giance to a superior lord. It had its origin 
 in the military immigrations of the North- 
 men, who overran the falling Roman em- 
 pire. Many writers have sought to trace the 
 beginning of the system in earlier periods, 
 and resemblances more or less distinct 
 have been found in the tenures prevailing 
 in the Roman republic and empire, in Tur- 
 key, in Hindostan, in ancient Tuscany, as 
 well as in the system of Celtic clanship. 1 
 Hallam Mid. Ages; Stuart, Soc. in Europe; 
 
FEUDAL LAW 
 
 406 
 
 FEUDAL LAW 
 
 Robertson, Hist. Charles V.; Pink. Diss.; 
 Montesq. Esp. des Lois, liv. 30, c 2; Meyer, 
 des Inst. Judiciares, torn, 1, p. 4. 
 
 But the origin of the feudal system is so 
 obvious in the circumstances under which 
 it arose that perhaps there is no other con- 
 nection between it and these earlier sys- 
 tems than that all are the outgrowth of po- 
 litical conditions somewhat similar. It has 
 been said that the system is nothing more 
 than the natural fruit of conquest; but the 
 fact that the conquest was by immigrants, 
 and that the conquerors made the acquired 
 country their permanent abode, is an im- 
 portant element in the case, and in so far 
 as other conquests have fallen short of this, 
 the military tenures resulting have fallen 
 short of the feudal system. The military 
 chieftains of the northern nations allotted 
 the lands of the countries they occupied 
 among themselves and their followers, with 
 a view at once to strengthen their own 
 power and ascendency, and to provide for 
 their followers. 
 
 Some lands were allotted to individuals 
 as their own proper estates, and these were 
 termed "allodial;" but, for the most part, 
 those lands which were not retained by the 
 chieftain he assigned to his comites, or 
 knights, to be held by his permission, in 
 return for which they assured him of their 
 allegiance, and undertook for him military 
 service. 
 
 It resulted that there was a general dis- 
 memberment of the political power into 
 many petty nations and petty sovereign- 
 ties. The violence and disorders of the 
 times rendered it necessary both for the 
 strong to seek followers, and for the weak 
 to seek a protecting allegiance; and this 
 operated on the one hand to lead the vas- 
 sals to divide again among their immediate 
 retainers the lands which they had received 
 from the paramount lord, upon similar 
 terms, and by this subinfeudation the num- 
 ber of fiefs was largely increased; and the 
 same circumstances operated on the other 
 hand to absorb the allodial estates by in- 
 ducing allodial proprietors to surrender 
 their lands to some neighboring chieftain, 
 and receive them again from him under 
 feudal tenure. Every one who held lands 
 upon a feudal tenure was bound, when 
 called upon by his benefactor or immediate 
 lord, to defend him, and such lord was, in 
 turn, subordinate to his superior, and bound 
 to defend him, and so on upwards to the 
 paramount lord or king, who in theory of 
 the law was the ultimate owner of all the 
 lands of the realm. The services which the 
 vassals were bound to render to their lords 
 were chiefly military; but many other bene- 
 fits were required, such as the power of the 
 lord or the good will of the tenant would 
 sanction. 
 
 This system came to its height upon the 
 continent in the empire of Charlemange and 
 his successors. It was completely estab- 
 lished in England in the time of William 
 the Norman and William Rufus, his son; 
 
 and the system thus established may be 
 said to be the foundation of the English 
 law of real property, and the position of 
 the landed aristocracy, and of the civil con- 
 stitution of the realm. And when we re- 
 flect that in the middle ages real property 
 had a relative importance far beyond that 
 of movable property, it is not surprising 
 that the system should have left its traces 
 for a long time upon the law of personal 
 relations and personal property. The feu- 
 dal tenures were originally temporary, at 
 the will of the lord, or from year to year; 
 afterwards they came more commonly to 
 be held for the life of the vassal ; and grad- 
 ually they acquired an inheritable quality, 
 the lord recognizing the heir of the vassal 
 as the vassal's successor in his service. 
 
 The chief incidents of the tenure by mili- 
 tary service were: 
 
 (1) Aids. A pecuniary tribute, required 
 by the lord in an emergency, e. g., a ransom 
 for his person if taken prisoner, or money 
 to make his son a knight, or to marry his 
 daughter. 
 
 (2) Relief. The consideration which the 
 lord demanded upon the death of a vassal 
 for allowing the vassal's heir to succeed to 
 the possession ; and connected with this may 
 be mentioned primer seisin, which was the 
 compensation that the lord demanded for 
 having entered upon the land, and protect- 
 ed the possession until the heir appeared to 
 claim it. 
 
 (3) Fines upon alienation. A considera- 
 tion exacted by the lord for giving his con- 
 sent that the vassal should transfer the es- 
 tate to another, who should stand in his 
 place in respect to the services owed. 
 
 (4) Escheat. Where, on the death of the 
 vassal, there was no heir, the land reverted 
 to the lord; also, where the vassal was 
 guilty of treason; for the guilt of the vas- 
 sal was deemed to taint the blood, and the 
 lord would no longer recognize him or his 
 heirs. 
 
 (5) Wardship and marriage. Where the 
 heir was a minor, the lord, as a condition 
 of permitting the estate to descend to one 
 who could not render military service, as- 
 sumed the guardianship of the heir, and, as 
 such, exercised custody both of his person 
 and of the property, without accounting for 
 the profits, until the heir, if a male, was 
 twenty-one and could undertake the military 
 services, or, if a female, until she was of 
 a marriageable age, when, on her marriage, 
 her husband might render the services. The 
 lord claimed, in virtue of his gxiardianship, 
 to make a suitable match forhis ward, and 
 if wards refused to comply they were 
 mulcted in damages. 
 
 Feudal tenures were abolished in Eng- 
 land by St. 12 Car. II. c. 24; but the prin- 
 ciples of the system still remain at the 
 foundation of the English and American 
 law of real property. Although in many of 
 the states of the United States all lands are 
 held to be allodial, it is the theory of the 
 law that the ultimate right of property is in 
 
FEUDAL TENURES 
 
 407 
 
 PEUDUM TALLIATUM 
 
 the state; and in most of the states escheat 
 is regfulated by statute. "The principles of 
 the feudal system are so interwoven with 
 every part of our jurisprudence," says 
 Tilghman, C. J., "that to attempt to eradi- 
 cate them would be to destroy the whole." 
 3 Serg. & R. (Pa.) 447; 9 Serg. & R. (Pa.) 
 388. "Though our property is allodial," 
 says Gibson, C. J., " yet feudal tenures 
 may be said to exist among us in their 
 consequences and the qualities which they 
 originally imparted to estates; as, for in- 
 stance, in precluding every limitation 
 founded on an abeyance of the fee." 3 
 Watts (Pa.) 71; 1 Whart. (Pa.) 337; 7 
 Serg. & R. (Pa.) 188; 13 Pa. St. 35. 
 
 Many of these incidents are rapidly dis- 
 appearing, however, by legislative changes 
 of the law. 
 
 The principles of the feudal law will be 
 found in 'Litt. Ten.; Wright, Ten.; 2 Bl. 
 Comm. c. 5; Dalr. Feud. Prop.; Sullivan, 
 Lect.; Book of Fiefs; Spelman, Feuds; 
 Cruise, Dig.; Le Grand Coutumier; the Sa- 
 lic Laws; the Capitularies; Les Establisse- 
 ments de St. Louis; Assise de Jerusalem; 
 Poth. des Fiefs; Merlin, Repert; Dalloz, 
 Diet.; Guizot, Hist, de France, Essai 5. 
 
 The principal original collection of the 
 feudal law of continental Europe is a di- 
 gest of the twelfth century, — feudorum 
 eonsuetudines, — ^which is the foundation of 
 many of the subsequent compilations. 'The 
 American student will perhaps find no more 
 convenient source of information than 2 
 Sharswood, Bl. Comm. 43, and Greenl. 
 Cruise, Dig. Introd. 
 
 FEUDAL TENURES. The tenures of land 
 under the feudal system. 
 
 FEUDALISM. The feudal system. 
 
 FEUDALIZE. To reduce to a feudal ten- 
 ure; to conform to feudalism. Webster. 
 
 FEUDARY. A feud; a feudal tenant. 
 
 FEUDATORY. See "Feodatory." 
 
 FEUDBOTE. A recompense for engaging 
 in a feud, and the damages consequent, it 
 having been the custom in ancient times for 
 all the kindred to engage in their kinsman's 
 quarrel. Jacob. 
 
 FEUDE, or DEADLY FEUDE. A German 
 Word, signifying implacable hatred, not to 
 be satisfied but with the death of the enemy. 
 Such was that among the people in Scot- 
 land and in the northern parts of England, 
 which was a combination of all the kindred 
 to revenge the death of any of the blood 
 upon the slayer and all his race. Termes de 
 la Ley. 
 
 FEUDIST. A writer on feuds, as Cuja- 
 cius, Spelman, etc. 
 
 FEU DO. In Spanish law. Feud or fee. 
 White, New Recop. bk. 2, tit. 2, c. 2. 
 
 FEUDUM. A feud, fief, or fee. A right 
 of using and enjoying forever the lands of 
 another, which the lord grants on condi- 
 tion that the tenant shall render fealty, 
 military duty, and other services. Spel- 
 man. It is not properly the land, but a 
 right in the land. This form of the word 
 is used by the feudal writers. The earlier 
 English writers generally prefer the form 
 feodum, but the meaning is the same. 
 
 FEUDUM ANTIQUUM. A fee descended 
 from the tenant's ancestors. 2 Bl. Comm. 
 212. One which had been possessed by the 
 relations of the tenant for four generations. 
 Spelman. 
 
 FEUDUM APERTUM. A fee which the 
 lord might enter upon and resume either 
 through failure of issue of the tenant, or 
 any crime or legal cause on his part. Spel- 
 man; 2 Bl. Comm. 245. 
 
 FEUDUM FRANCUM. A free feud. One 
 which was noble and free from talliage and 
 other subsidies to which the plebeia feuda 
 (vulgar feuds) were subject. Spelman. 
 
 FEUDUM HAUBERTICUM. A fee held on 
 the military service of appearing fully 
 armed at the ban and wrriere ban. Spelman. 
 
 FEUDUM IMPROPRIUM. A derivative 
 fee. 
 
 FEUDUM INDIVIDUUM. A fee which 
 could descend to the eldest son alone. 2 
 Bl. Comm. 215. 
 
 FEUDUM LIGIUM. A liege fee. One 
 where the tenant owed fealty to his lord 
 against all other persons. Spelman; 1 Bl. 
 Comm. 367. 
 
 FEUDUM MATERNUM. A fee descending 
 from the mother's side. 2 Bl. Comm. 212. 
 
 FEUDUM NOBILE. A fee for which the 
 tenant did guard and owed fealty and hom- 
 age. Spelman. 
 
 FEUDUM NOVUM. One which began 
 with the person of the feudatory, and did 
 not come to him by descent. 
 
 FEUDUM NOVUM UT ANTIQUUM. A 
 
 new fee held with the qualities and inci- 
 dents of an ancient one. 2 Bl. Comm. 212. 
 
 FEUDUM PATERNUM. A fee which the 
 paternal ancestors had held for four genera- 
 tions. Calv. Lex.; Spelman. One descend- 
 ible to heirs on the paternal side only. 2 Bl. 
 Comm. 223. One which might be held by 
 males only. Du Cange. 
 
 FEUDUM PROPRIUM. A genuine origi- 
 nal feud or fee, of a military nature, in 
 the hands of a military person. 2 Shars- 
 wood, Bl. Comm. 67. 
 
 FEUDUM TALLIATUM. A restricted fee; 
 one limited to descend to certain classes of 
 heirs. 2 Bl. Comm. 112, note; 1 Washb. 
 
FI. FA. 
 
 408 
 
 FIDE JUSSOR 
 
 Real Prop. 66; Spelman. See, generally, Le 
 Grand Coutumier; Spelman, Feuds; Du 
 Cange; Calv. Lex.; Dalr. Feud. Prop.;,Poth. 
 des Fiefs; Merlin, Repert. "Feodalite." 
 
 An abbreviation for fieri facias 
 
 FI. FA. 
 
 (q. V.) 
 
 FIANCER (Law Fr.) To pledge one's 
 faith. Kelham. 
 
 FIANZA (Spanish). Surety; the contract 
 by which one person engages to pay the 
 debt or fulfill the obligations of another if 
 the latter should fail to do so. 
 
 FIAR. In Scotch law. One whose prop- 
 erty is charged with a life rent. 
 
 FIAR PRICES. The value of grain in the 
 different counties of Scotland, fixed yearly 
 by the respective sheriffs, in the month of 
 February, with the assistance of juries. 
 These regulate the prices of grain stipulat- 
 ed to be sold at the fiar prices, or when 
 no price has been stipulated. Ersk. Inst. 1. 
 4. 6; Wharton. 
 
 FIAT. An order of a judge or of an offi- 
 cer whose authority, to be signified by his 
 signature, is necessary to authenticate the 
 particular acts. A short order or warrant 
 of the judge, commanding that something 
 shall be done. See 1 Tidd, Prac. 100, 108. 
 
 FIAT IN BANKRUPTCr. An order of the 
 lord chancellor that a commission of bank- 
 ruptcy shall issue. 1 Deac. Bankr. 106. 
 
 Fiats were abolished by 12 & 13 Vict. 
 c. 116. 
 
 FIAT JUSTITIA. Let justice be done. 
 Words formerly written by the king at the 
 top of a petition for a warrant to bring a 
 writ of error in parliament, signifying his 
 assent. Jacob; Dyer, 375; Staund. Prerog. 
 22. 
 
 FIAT JUSTITIA RUAT COELUM. Let 
 
 Justice be done, though the heavens should 
 fall. Branch, Princ. 161. 
 
 FIAT PROUT FIERI CONSUERIT; NIL 
 tfcmere novandum. Let it be done as former- 
 ly; let no innovation be made rashly. Jenk. 
 (5ent. Cas. 116; Branch, Princ. 
 
 FICTIO CEDIT VERITATI. FICTIO JU- 
 ris non est, ubi Veritas, Fiction yields to 
 truth. Where truth is, fiction of law does 
 not exist. 
 
 FICTIO EST CONTRA VERITATEM, 
 sed pro veritate habetur. Fiction is against 
 the truth, but it is to be esteemed truth. 
 
 FICTIO LEGIS INIQUp OPERATUR AL- 
 lenl damnum vel Injuriam. Fiction of law 
 is wrongful if it works loss or injury to 
 any one. 2 Coke, 35; 8 Coke, 36; Broom, 
 Leg. Max. (3d London Ed.) 122. 
 
 FICTIO LEGIS NEMINEM LAEDIT. A 
 fiction of law injures no one. 2 Rolle, Abr. 
 502; 3 Bl. Comm. 43; 17 Johns. (N. Y.) 348. 
 
 FICTIONt The legal assumption that 
 something Which is or may be false is true. 
 ' It differs from a presumption in that a 
 fiction is an assumption as true of some- 
 thing admittedly false; while a presumption 
 is an attempt to arrive at the truth by in- 
 ference. 
 
 FICTITIOUS ACTION. A suit brought on 
 pretense of a controversy, when no such 
 controversy in truth exists. Such actions 
 have usually been brought on a pretended 
 wager, for the purpose of obtaining the 
 opinion of the court on a point of law. 
 Courts of justice were constituted for the 
 purpose of deciding really existing ques- 
 tions of right between parties; and they 
 are not bound to answer impertinent ques- 
 tions which persons think proper to ask 
 them in the form of an action on a wager. 
 12 East, 248. Such an attempt has been 
 held to be a contempt of court; and Lord 
 Hardwicke in such a case committed the 
 parties and their attorneys. Lee temp. 
 Hardw. 237. See, also, Comb. 425; 1 Coke, 
 83; 6 Cranch (U. S.) 147, 148. See, also, 
 "Feigned Action." 
 
 FICTITIOUS PARTY. Where a suit is 
 brought in the name of one who is not in 
 being, or of one who is ignorant of the 
 suit, and has not authorized it, it is said to 
 be brought in the name of a fictitious plain- 
 tiff. To bring such a suit is deemed a 
 contempt of court. 4 Bl. Comm. 133. 
 
 FICTITIOUS PAYEE. When a contract, 
 such as negotiable paper, is drawn in favor 
 of a fictitious person, and has been indorsed 
 in such name, it is deemed payable to bearer 
 as against all parties who are privy to the 
 transaction, and a holder in good faith may 
 recover on it against them. 2 H. Bl. 178, 
 288; 3 Term R. 174, 182, 481; 1 Camp. 130; 
 19 Ves. 311. And see 10 Barn. & C. 468; 2 
 Sandf. (N. Y.) 38; 2 Deur (N. Y.) 121. 
 
 FIDE JUBERE. In the civU law. To or- 
 der a thing upon one's faith ; to pledge one's 
 self; to become surety for another. Fide 
 jubes? Fide jubeo: Do you pledge your- 
 self? I do pledge myself. Inst. 3. 16. 1. 
 One of the forms of stipulation. Dig. 46. 1. 
 8. pr.; Inst. 3. 21. 7. 
 
 FIDE JUSSIO. An act by which any one 
 binds himself as an additional security for 
 another. This giving security does not de- 
 stroy the liability of the principal, but adds 
 to the security of the surety. Vicat.; Hali- 
 fax, Anal. bk. 2, c. 16, note 10. 
 
 FIDE JUSSOR. In civil law. One who 
 becomes security for the debt of another, 
 promising to pay it in case the principal 
 does not do so. 
 
 He differs from a co-obligor in this, that 
 the latter is equally bound to a debtor with 
 his principal, while the former is not liable • 
 till the principal has failed to fulfill his en- 
 gagement. Dig. 12. 4. 4; Id. 16. 1. 13; Id. 
 24. 3. 64; Id. 38. 1. 37; Id, 50. 17. 110; Id. 
 
FIDE PROMISSOR 
 
 409 
 
 FIEF D'HAUBERK 
 
 6. 14. 20; Hall, Prac. 33; Dunl. Adm. Prac. 
 300; Gierke, Prax. tits. 63-65. 
 
 The obligation of the fide jussor was an 
 accessory contract; for, if the principal 
 obligation was not previously contracted, his 
 engagement then took the name of "man- 
 date." Lee. Elm. § 872; Code Nap. 2012. 
 
 FIDE PROMISSOR. See "Fide Jussor." 
 
 FIDEI COMMISSARIUS (Law Lat.) In 
 civil law. One who has a beneficial interest 
 in an estate which, for a time, is committed 
 to the faith or trust of another. This term 
 his nearly the same meaning as cestui que 
 trust has in the common law. 1 Greenl. 
 Cruise. Dig. 295; Story, Eq. Jur. § 966; 
 Bouv. Inst. Index. 
 
 Fidei commissary and fide commissary, 
 anglicized forms of this term, have been 
 proposed to take the place of the phrase 
 cestui que trust, but do not seem to have 
 met with any favor. 
 
 According to Du Cange, the term was 
 sometimes used to denote the executor of a 
 will. 
 
 FIDEI COMMISSUM (Law Lat.) In civil 
 law. A trust. A devise was made to some 
 person (haeres fiduciarius) , and a request 
 annexed that he should give the property to 
 some one who was incapable of taking di- 
 rectly under the will. Inst. 2. 23. 1; 1 
 Greenl. Cruise, Dig. 295; 15 How. (U. S.) 
 357. A gift which a man makes to another 
 through the agency of a third person, who 
 is requested to perform the will of the giver. 
 
 The rights of the beneficiary were merely 
 rights in curtesy, to be obtained by entreaty 
 or request. Under Augustus, however, a 
 system was commenced, which was com- 
 pleted by Justinian, for enforcing such 
 trusts. The trustee or executor was called 
 haeres fiduciarius, and sometimes fide jussor. 
 The beneficial heir was called haeres fidei 
 commissarius. 
 
 The uses of the common law are said to 
 have been borrowed from the Roman fidei 
 commissa. 1 Greenl. Cruise, 295 ; Bac. Read. 
 Uses, 19; 1 Madd. 446; Story, Eq. Jur. § 966. 
 The fidei commissa are supposed to have 
 been the origin of the common-law system 
 of entails. 1 Spence, Eq. Jur. 21; 1 Washb. 
 Real Prop. 60. This has been doubted by 
 others. See 1 Bouv. Inst, note 1708. 
 
 FIDELIS. Faithful; trustworthy. 
 
 FIDELITAS. Fealty; fidelity. 
 
 FIDELITAS, DE NULLO TENEMENTO, 
 quod tenetur ad terminum fit hottiagll; fit 
 tamen Inde fidelitatis sacramentum. Fealty. 
 For no tenement which is held for a term is 
 there the oath of homage, but there is the 
 oath of fealty. Co. Litt. 67b. 
 
 FIDEM MENTIRI. When a tenant does 
 not keep that fealty which he has sworn to 
 the lord. Leg. Hen. I. c. 53. 
 
 FIDES EST OBLIGATIO CONSCIEN- 
 tiae alicujus ad intentfonem alterlus. A trust 
 is an obligation of conscience of one to the 
 will of another. 
 
 FIDES SERVANDA. Good faith must be 
 observed. 1 Mete. (Mass.) B51; 3 Barb. (N. 
 Y.) 323, 330; 23 Barb. (N. Y.) 521, 524. 
 
 FIDES SERVANDA EST; SIMPLICITAS 
 juris genitum praevaleat. Good faith is to 
 be preserved; the simplicity of the law of 
 nations should prevail. Story, Bills, § 15. 
 
 FIDUCIA (Lat.) In civil law. A contract 
 by which we sell a thing to some one — ^that 
 is, transmit to him the property of the thing, 
 with the solemn forms of emancipation — on 
 condition that he will sell it back to us. 
 This species of contract took place in the 
 emancipation of children, in testaments, and 
 in pledges. Poth. ad Pand. 
 
 FIDUCIARIUS TUTOR. In Roman law. 
 The elder brother of an emancipated pupil- 
 lus, whose father had died leaving him still 
 under fourteen years of age. 
 
 FIDUCIARY. This term is borrowed from 
 the civil law. The Roman laws called a fidu- 
 ciary heir the person who was instituted 
 heir, and who was charged to deliver the 
 succession to a person designated by the tes- 
 tament. Merlin, Repert. But Poth. ad Pand. 
 vol. 22, says that fiduciarius haeres properly 
 signifies the person to whom a testator has 
 sold his inheritance under the condition that 
 he should sell it to another. Fiduciary may 
 be defined "in trust," "in confidence." 
 
 A_ generic term embracing all persons act- 
 ing in a fiduciary capacity. 
 
 FIDUCIARY CONTRACT. An agreement 
 by which a person delivers a thing to an- 
 other on the condition that he will restore it 
 to him. The following formula was em- 
 ployed: Ut inter bonos agere oportet, ne 
 propter te fidemque tuam frauda. Cicero de 
 Offlc. lib. 3, c. 13; Lee. Dr. Civ. §§ 237, 238. 
 See 2 How. (U. S.) 202, 208; 6 Watts & S. 
 (Pa.) 18; 7 Watts (Pa.) 415. 
 
 FIDUCIARY RELATION. That relation 
 existing between parties where one holds the 
 character of a trustee or a character analo- 
 gous thereto, such as an agent, guardian, or 
 the like, and the person stands in such a po- 
 sition that he has rights and powers which 
 he is bound to exercise for the benefit of the 
 other person. 227 111. 387. 
 
 FIEF. A fee, feod, or feud. 
 
 A fief was an organically complete broth- 
 erhood of associates whose proprietary and 
 personal rights were inextricably blended to- 
 gether. It had much in common with an In- 
 dian village community and much in common 
 with a Highland clan. Maine, Sue. L., 365. 
 
 FIEF D'HAUBERK. A fee held on the 
 military tenure of appearing fully armed on 
 the ban and arriere-ban. Feudum hauber- 
 
FIEF TENANT 
 
 410 
 
 FILIATION 
 
 ticum. Spelman; Calv. Lex.; Du Cange. A 
 knight's fee. 2 Bl. Comm. 62. 
 
 FIEF TENANT. The holder of a fief or 
 fee. 
 
 FIEL. In Spanish law. An officer who 
 keeps possession of a thing deposited under 
 authority of law. Las Partidas, pt. 3, tit. 9, 
 lib. 1. 
 
 FIELD REEVE. An officer elected, in 
 England, by the owners of a regulated pas- 
 ture, to keep in order the fences, ditches, 
 etc., on the land, to regulate the times dur- 
 ing which animals are to be admitted to the 
 pasture, and generally to maintain and man- 
 age the pasture, subject to the instructions 
 of the owners. General Inclosure Act 1845, 
 § 118. 
 
 FIELDAD. In Spanish law. Sequestra- 
 tion. This is allowed in six cases by the 
 Spanish law where the title to property is 
 in dispute. Las Partidas, pt. 3, tit. 3, liv. 1. 
 
 FIERDING COURTS. Ancient Gothic 
 courts "in the lowest instance." So called 
 because four were instituted within every 
 superior district or hundred. Their juris- 
 diction was limited within forty shillings, or 
 three marks. 3 Steph. Comm. 393; 3 Bl. 
 Comm. 84; Stiernh. de Jur. Goth. lib. 1, c. 2. 
 
 FIERI FACIAS (Lat. that you cause to be 
 made). In practice. A writ directing the 
 sheriff to cause to be made of the goods and 
 chattels of the judgment debtor the sum or 
 debt recovered. 
 
 It receives its name from the Latin words 
 in the writ, used when legal proceedings 
 were conducted in Latin (quod fieri facias 
 de bonis et catallis, that you cause to be 
 made of the goods and chattels). It is the 
 form of execution in common use where the 
 judgment debtor has personal property. 
 
 FIERI FACIAS DE BONIS TESTATORIS. 
 
 The writ issued on an ordinary judgment 
 against an executor when sued for a debt 
 due by his testator. If the sheriff returns 
 to this writ nulla bona, and a devastavit (q. 
 V.) , the plaintiff may sue out a fieri facias de 
 bonis propriis, under which the goods of the 
 executor himself are seized. 1 Wm. Saund. 
 246; Smith, Action (11th Ed.) 368. 
 
 FIERI FECI (Law Lat.) In practice. The 
 return which the sheriff or other prdper offi- 
 cer makes to certain writs, signifying, "I 
 have caused to be made." 
 
 When the officer has made this return, a 
 rule may be obtained upon him after the re- 
 turn day, to pay the money into court, and, 
 if he withholds payment, an action of debt 
 may be had on the return, or assumpsit for 
 money had and received may be sustained 
 against him. 3, Johns. (N. Y.) 183. 
 
 FIERI NON DEBET, SED FACTUM VA- 
 let. It ought not to be done, but done, it 
 is valid. 5 Coke, 39; 1 Strange, 526; 19 
 Johns. (N. Y.) 84, 92; 12 Johns. (N. Y.) 11, 
 376. 
 
 FIFTEENTHS. A temporary aid, consist- 
 ing of a fifteenth part of the personal prop- 
 erty in every township, borough, and city in 
 the kingdom. The valuation of the kingdom 
 was fixed, and a record made in the ex- 
 chequer of the amount (twenty-nine thou- 
 sand pounds). This valuation was not in- 
 creased as the property in the kingdom in- 
 creased in value; whence tiie name came, in 
 time, to be a great misnomer. 2 Inst. 77; 4 
 Inst. 34; 2 Sharswood, Bl. Comm. 309; Cow- 
 ell. 
 
 FIGHTNITE, or FIGHTWITE (Saxon). A 
 mulct or fine for making a quarrel to the 
 disturbance of the peace. Called also by 
 Cowell forisfactura pugnae. The amount was 
 one hundred and twenty shillings. Cowell. 
 
 FILACER. An officer of the common 
 pleas, whose duty it was to file the writs on 
 which he made process. There were four- 
 teen of them, and it was their duty to make 
 out all original process. Cowell; Blount. 
 The office is now abolished. 
 
 FILAR E. In old -English practice. To file. 
 Towns. PI. 67. 
 
 FILCH, The primary and ordinary mean- 
 ing of the word "filch" is to steal, and car- 
 ries with it also the idea of secrecy. 
 
 To steal privily; to pilfer; to steal, es- 
 pecially in a small, sly way; to take from 
 another in an underhand way, as by viola- 
 tion of trust or good faith; to thieve; to 
 rob; to purloin. 238 111. 124. 
 
 The term "filch" is ordinarily applied to 
 things of little value. 141 111. App. 378. 
 
 FILE. A thread, string, or wire upon 
 which writs and other exhibits in courts and 
 offices are fastened or filed for the more 
 safe keeping and ready turning to the same. 
 Spelman; Cowell; Tomlins. Papers put 
 together and tied in bundles. A paper is 
 said also to be filed when it is delivered 
 to the proper officer, and by him received 
 to be kept on file. 13 Viner, Abr. 211; 1 
 Litt. 113; 1 Hawk. P. C. 7, 207, 
 
 FILEINJAID (Brit.) A name given to vil- 
 leins in the laws of Hoel Dda. Barr. Obs. 
 St. 302. 
 
 FILIATE. To declare whose child a bas- 
 tard is. 2 W. Bl. 1017. 
 
 FILIATIO NON POTEST PROBARI. Fili- 
 ation cannot be proved. Co. Litt. 126a. But 
 see 7 & 8 Vict. c. 101. 
 
 FILIATION. In civil law. The descent 
 of son or daughter, with regard to his or 
 her father, mother, and their ancestors. 
 
 Nature always points out the mother by 
 evident signs, and, whether married or not, 
 she is always certain, — mater semper certa 
 est, etiamsi vulgo conceperit. There is not 
 the same certainty with regard to the father, 
 and the relation may not know, or may 
 feign ignorance as to the paternity. The 
 law has therefore established a legal pre- 
 
FILICETUM 
 
 411 
 
 FINAL 
 
 sumption to serve as a foundation for pa- 
 ternity and filiation. 
 
 When the mother is or has been married, 
 her husband is presumed to be the father of 
 the children born during the coverture, or 
 within a competent time afterwards, wheth- 
 er they were conceived during the coverture 
 or not, — pater is eat quern, nuptiae demon- 
 strant. 
 
 In the Common Law. The establish- 
 ment of the paternity of a bastard. 
 
 FILICETUM. In old English law. A ferny 
 or bracky ground; a place where fern grows. 
 Co. Litt. 4b; Shep. Touch. 95. 
 
 FILIOLUS. In old records. A godson. 
 Spelman. 
 
 FILIUS (Lat.) A son; a child. 
 
 As distinguished from heir, filius is a term 
 of nature, haeres a term of law. 1 Powell, 
 Dev. 311. In the civil law the term was 
 used to denote a child generally. Calv. Lex. ; 
 Vicat. Its use in the phrase nullius filius 
 would seem to indicate a use in the sense of 
 le£:itimate son, a bastard being the legiti- 
 mate son of nobody; though the word is 
 usually rendered a son, whether legitimate 
 or illegitimate. Vicat. 
 
 Filium eum definimus qui ex viro et uxore 
 ejus nascitur, we define him to be a son 
 who is born of a man and his wife. Dig. 
 1. 6. 6. Praesumitur quis esse filius eo quod 
 nascitur ex uxore, one is presumed to be an- 
 other's child because he is bom of his wife. 
 Bracton, fols. 6, 88. An alien may have a 
 son, but no alien can have an heir. Id. See 
 "Haeres." 
 
 A distinction was sometimes made, in the 
 civil law, between filii and liberi; the latter 
 word including grandchildren {nepotes) , the 
 former not. Inst. 1. 14. 5. But according 
 to Paulus and Julianus, they were of equal- 
 ly extensive import. Dig. 50. 16. 84; Id. 
 50. 16. 201. 
 
 FILIUS EST NOMEN NATURAE, SED 
 haeres nomen juris. Son is a name of na- 
 ture, but heir a name of law. 1 Sid. 193; 1 
 Powell, Dev. 311. 
 
 FILIUS FAMILIAS (Lat.) A son who is 
 under the control and power of his father. 
 Story, Confl. Laws, § 61; Vicat. 
 
 FILIUS IN UTERO MATRIS EST PARS 
 viscerum matris. A son in the mother's 
 womb is part of the mother's vitals. 7 
 Coke, 8. 
 
 FILIUS MULIERATUS (Lat.) The first 
 legitimate son born to a woman who has had 
 a bastard son by her husband before her 
 marriage. Called, also, mulier, and mulier 
 puisne. 2 Bl. Comm. 248. 
 
 FILIUS NULLIUS (Lat. son of nobody). 
 A bastard. Called, also, filius populi, son 
 of the people. 1 Bl. Comm. 459; 6 Coke, 
 65a. 
 
 FILIUS POPULI (Lat.) A son of the peo- 
 ple; a bastard. 
 
 FILUM (Lat.; Law Pr. fil, file, q. v.) In 
 old practice. A thread, string, or wire used 
 for passing through and connecting papers 
 together; a file. Otherwise called filadum 
 (Fr. filacer, q. v.) Spelman, voc. "Fila- 
 cium." 
 
 A thread or line passing through a 
 stream or road. See "Filum Aquae;" "Fi- 
 lum Viae." The English word "thread" 
 has in ordinary speech this sense of run- 
 ning through; as in the expression "thread 
 of a discourse or argument;" "to thread 
 one's way," etc. 
 
 A line or mark, as the edge or border of 
 a thing. Filum forestae, the edge of the for- 
 est. Manw. For. Laws, 371; 1 Crabb, Real 
 Prop. 485. "To the very last filum of the 
 plaintiff's lands." 5 Taunt. 133, arg. "Up 
 to the extreme filum of the plaintiff's prop- 
 erty." Id. 134, arg. 
 
 FILUM AQUAE (Lat. a thread of water). 
 This may mean either the middle line or 
 the outer line. Ahum filum denotes high- 
 water mark. Blount. Filum is, however, 
 used almost universally in connection with 
 aquae to denote the middle line of the 
 stream. Medium filum is sometimes used 
 with no additional meaning. See 4 Pick. 
 (Mass.) 468; 24 Pick. (Mass.) 344; 3 Caines 
 (N. Y.) 319; 6 Cow. (N. Y.) 579; 5 Wend. 
 (N. Y.) 423; 26 Wend. (N. Y.) 404; 20 
 Johns. (N, Y.) 91; 4 Hill (N. Y.) 369; 4 
 Mason (U. S.) 397; 2 N. H. 369; 1 Halst. 
 (N. J.) 1; 2 Conn. 481; 3 Rand. (Va.) 33; 
 8 Me. 253; 1 Ired. (N. C.) 535; Angell, 
 Watercourses, § 11; 3 Dane, Abr. 4; Jacob; 
 2 Washb. Real Prop. 445. See "Ad Me- 
 dium Filum Aquae." 
 
 FILUM FORESTAE (Lat.) The border 
 of the forest. 2 Sharswood, Bl. Comm. 419 ; 
 4 Inst. 303; Manw. For. Law, "Purlieu." 
 
 FILUM VIAE (Lat.) The middle line of 
 the way. 2 Smith, Lead. Cas. 98. 
 
 FIN. An end, or limit; a limitation, or pe- 
 riod of limitation.' 
 
 FIN DE NON RECEVOIR. In French law. 
 
 A legal bar to the maintenance of a 
 claim. Ord. Mar. liv., tit. 12; Poth. Obi. p. 
 3, c. 8, art. 1. 
 
 An exception or plea founded on law, 
 which, without entering into the merits of 
 the action, shows that the plaintiff has no 
 right to bring it, either because the time 
 during which it ought to have been brought 
 has elapsed, which is called "prescription," 
 or that there has been a compromise, ac- 
 cord and satisfaction, or any other cause 
 which has destroyed the right of action 
 which once subsisted. Poth. Proc. Civ pt. 
 1, c. 2, § 2, art. 2; Story, Confl. Laws, 
 § 580. 
 
 FINAL. In practice. As applied to hear- 
 ings, orders, decisions, etc., that which ter- 
 
FINALIS CONCORDIA 
 
 412 
 
 PINE 
 
 minates the action, as distinguished from 
 "interlocutory." 
 
 Final Decree. A decree which finally 
 
 disposes of the whole question, so that noth- 
 ing further is left for the court to adjudi- 
 cate upon. See 2 Daniell, Ch. Pr. (Perkins 
 Ed.) 1199, note. 
 
 A decree which terminates all litigation 
 on the same right. 1 Kent, Comm. 316. 
 
 A decree which disposes ultimately of the 
 suit. Adams, Eq. 375. After such decree 
 has been pronounced, the cause is at an 
 end, and no further hearing can be had. 
 Id. 388. 
 
 A decree which puts an end to the pro- 
 ceedings of the parties in that court. 44 
 Ala. 478; 95 N. C. 271, 
 
 A decree which so fixes the rights of the 
 parties that it can be carried into effect 
 without further inquiry thereon. 
 
 Final Judgment. A judgment which 
 puts an end to the action by declaring that 
 the plaintiff has either entitled himself, or 
 has not, to recover the remedy he sues for. 
 3 Bl. Comm. 398. A judgment which de- 
 termines a particular cause, and terminates 
 all litigation on the same right. 1 Kent, 
 Comm. 316. A judgment which cannot be 
 appealed from, but is perfectly conclusive 
 as to the matter adjudicated upon. 24 
 Pick. (Mass.) 300; 2 Pet. (U. S.) 294; 6 
 How. (U. S.) 201, 209. 
 
 A determination of the rights of the par- 
 ties to the particular suit, though not of 
 all their rights with reference to the sub- 
 ject matter of the suit, is final. 1 Cal. 
 134. 
 
 To constitute a final judgment, the case 
 must be finally disposed of as to all par- 
 ties. 52 U. S. 22; 11 Or. 72; 1 Mo. App. 
 365. 
 
 Final Process. "Writs of execution; 
 
 process issued for the execution of a final 
 judgment. So called to distinguish them 
 from "mesne process," which includes all 
 process issuing before judgment rendered. 
 
 Final Sentence. That pronounced on 
 
 the conclusion of the case, as distinguished 
 from the interlocutory sentences rendered 
 during its progress 
 
 FINALIS CONCORDIA (Lat.) A decisive 
 agreement; a fine; a final agreement. 
 
 A final agreement entered by the parties 
 by permission of court in a suit actually 
 brought for lands. Subsequently the bring- 
 ing suit, entry of agreement, etc., became 
 merely formal, but its entry upon record 
 gave a firm title to the plaintiff. 1 Washb. 
 Real Prop. 70; 1 Spence, Eq. Jur. 143; 2 
 Flintoff, Real Prop. 673; White & T. Lead. 
 Cas. 689. 
 
 Finis est amicabilis compositio et finalis 
 eoncordia ex consensu et eoncordia domini 
 regis vel justidarum, a fine is an amicable 
 settlement and decisive agreement by con- 
 sent and agreement of our lord the king 
 or his justices. Glanv. lib. 8, c. 1. 
 
 Talis Concordia finalis dicitur eo qvxid 
 finem imposuit negotio, adeo ut neutra pa/re 
 
 litigantiwm ah eo de cetera poterit recidere, 
 such concord is called final because it puts 
 an end to the business, so that neither of 
 the litigants can afterwards recede from it, 
 Glanv. lib. 9, c. 3; Cunningham, 
 
 FINANCES. The public revenue or re- 
 sources of a government or state; the in- 
 come or means of an individual or corpora- 
 tion. It is somewhat like the fiscus of the 
 Romans. The word is generally used in 
 the plural. 
 
 Money resources generally. The state of 
 the finances of an individual or corpora- 
 tion, being his condition in a monetary point 
 of view. The cash he has on hand, and that 
 which he expects to receive, as compared 
 with the engagements he has made to pay. 
 
 FINANCIER, or FINANCIAN. One who 
 manages the finances or public revenue; per- 
 sons skilled in matters appertaining to the 
 judicious management of money affairs. 
 
 FINDER. One who lawfully comes to the 
 possession of another's personal property, 
 which was then lost, 
 
 FINDING. The result of the deliberations 
 of a jury or a court. 1 Day (Conn.) 238; 2 
 Day (Conn.) 12. 
 
 The "findings of fact" of a judge, on 
 which his decision is based, 
 
 FINE, In conveyancing. An amicable 
 composition or agreement of a suit, either 
 actual or fictitious, by leave of the court, by 
 which the lands in question become, or are 
 acknowledged to be, the right of one of the 
 parties. Co. Litt. 120; 2 Bl. Comm. 349; 
 Bac. Abr. "Fines and Recoveries." 
 
 A fine is so called because it puts an end 
 not only to the suit thus commenced, but 
 also to all other suits and controversies con- 
 cerning the same matter. Such concords, 
 says Doddridge (Eng. Lawy. 84, 85), have 
 been in use in the civil law, and are called 
 transactions, whereof they say thus : Trans- 
 actiones sunt de eis quae in controversia 
 suntj a lite futura aut pendente ad certam 
 compositionem reducuntur, dando aliquid 
 vel accipiendo. Or, shorter, thus: Transac- 
 tio est de re dubia et lite ancipite ne dum 
 ad finem ducta, nan gratuita pactio. It is 
 commonly defined an assurance by matter of 
 record, and is founded upon a supposed pre- 
 viously existing right, and upon a writ re- 
 quiring the party to perform his covenant; 
 although a fine may be levied upon any writ 
 by which lands may be demanded, charged, 
 or bound. It has also been defined an ac- 
 knowledgment on record of a previous gift 
 or feoffment, and prima facie carries a fee, 
 although it may be limited to an estate for 
 life or in fee tail. Prest. Conv. 200, 202, 
 268, 269; 2 Bl. Comm. 348, 349. 
 
 In Criminal Law, Pecuniary punish- 
 ment imposed by a lawful tribunal upon a 
 person convicted of crime or misdemeanor. 
 1 Bish. Crim. Law, § 940; 4 Steph. Comm. 
 444, See "Amercement." 
 
FINE AND RECOVERY ACT 
 
 413 
 
 FIRE 
 
 In Feudal Law. Money exacted by the 
 
 superior lord upon any change in the tenure, 
 as upon alienation, endowment, etc. 2 Bl. 
 Comm. 71, 135. 
 
 FINE AND RECOVERY ACT. St. 3 & 4 
 
 Wm. IV. c. 74. This act abolished fines and 
 recoveries. 2 Sharswood, Bl. Comm. 364, 
 note; 1 Steph. Comm. 514. 
 
 FINE ANNULLANDO LEVATO DE TEN- 
 emento quod fult de antique dominico. An 
 abolished writ for disannulling a fine levied 
 of lands in ancient demesne, to the prejudice 
 of the lord. Reg. Orig. 15. 
 
 FINE FOR ALIENATION. A sum of mon- 
 ey which a tenant by knight's service, or a 
 tenant in capite by socage tenure, paid to 
 his lord for permission to alienate his right 
 in the estate he held to another, and by that 
 means to substitute a new tenant for him- 
 self. 2 Bl. Comm. 71, 89. These fines are 
 now abolished. In France, a similar demand 
 from the tenant, made by the lord when the 
 former alienated his estate, was called lods 
 et vente. This imposition was abolished, 
 with nearly every other feudal right, by 
 the French Revolution. 
 
 FINE FOR ENDOWMENT. An old Eng- 
 lish law grounded on the feudal exactions 
 that a woman could not be endowed without 
 a fine paid to the lord of the tenement. 
 Abolished by Henry I., and afterwards by 
 Magna Charta (chapter 7). 2 Bl. Comm. 
 135. 
 
 FINE FORCE. An absolute necessity or 
 inevitable constraint. Old Nat. Brev. 78; 
 Plowd. 94; 6 Coke, 11; Cowell. 
 
 FINE SUR COGNIZANCE DE DROIT 
 come ceo que II ad de son done. A fine upon 
 acknowledgment of the right of the cognizee 
 as that which he hath of the gift of the 
 cognizor. By this the deforciant acknowl- 
 edges in court a former feoffment or gift in 
 possession to have been made by him to the 
 plaintiff. 2 Bl. Comm. 352; Cunningham; 
 Shep. Touch, c. 2; Comyn, Dig. "Fine." 
 
 FINE SUR COGNIZANCE DE DROIT 
 tantum. A fine upon acknowledgment of 
 the right merely.. Generally used to pass a 
 reversionary interest which is in the cog- 
 nizor. 2 Bl. Comm. 351; Jacob; Comyn, 
 Dig. 
 
 FINE SUR CONCESSIT. A fine granted 
 where the cognizor, in order to make an 
 end of disputes, though he acknowledges no 
 precedent right, yet gi'ants to the cognizee 
 an estate de novo, usually for life or years, 
 by way of a supposed composition. 2 Bl. 
 Comm. 353; Shep. Touch, c. 2. 
 
 FINE SUR DONE GRANT ET RENDER. 
 
 A double fine, comprehending the fine sur 
 cognizance de droit come ceo, and the fine 
 sur concessit. It may be used to convey 
 particular limitations of estates, and to per- 
 sons who are strangers or not named in the 
 
 writ of covenant; whereas the fine sur cog- 
 nizance de droit come ceo, etc., conveys 
 nothing but an absolute estate, either of 
 inheritance, or at least freehold. Salk. 340. 
 In this last species of fines, the cognizee, 
 after the right is acknowledged to be in him, 
 grants back again, or renders to the cogni- 
 zor, or perhaps to a stranger, some other 
 estate in the premises. 2 Bl. Coram. 353; 
 Viner, Abr. "Fine;" Comyn, Dig. "Fine;" 
 1 Washb. Real Prop. 33. 
 
 FINEM FACERE (Lat.) To make or pay 
 a fine. Bracton, 106; Skene de Verb. Sign. 
 
 FINES LE ROY. In old English law. A 
 sum of money which any one is to pay the 
 king for any contempt or offense; which 
 fine any one that commits any trespass, or 
 is convict that he falsely denies his own 
 deed, , or did anything in contempt of the 
 law, shall pay to the king. Termes de la 
 Ley; Cunningham. 
 
 FIN I RE. In old English law. To fine, or 
 pay a fine. Rog. Hov., cited in Cowell. To 
 end or finish a matter. 
 
 FINIS EST AMICABILIS COMPOSITIO 
 et finalis concordia ex consensu et concor- 
 dia domini regis vel Justicarium. A fine is 
 an amicable settlement and decisive agree- 
 ment by consent and agreement of our lord, 
 the king, or his justices. Glanv. lib. 8, c. 1. 
 
 FINIS FINEM LITIBUS IMPONIT. A fine 
 puts an end to litigation. 3 Inst. 78. 
 
 FINIS REI ATTENDENDUS EST. The 
 end of a thing is to be attended to. 3 Inst. 
 51. 
 
 FINIS UNIUS DIEI EST PRINCIPIUM 
 alterlus. The end of one day Is the begin- 
 ning of another, 2 Bulst. 305. 
 
 FINITIO. In old records. An ending or 
 finishing; death, as the end of life (quia 
 vita finitur morte). Cowell; Holthouse. 
 
 FINIUM REGUNDORUM ACTIO. In civil 
 law. An action for regulating boundaries. 
 1 Mackeld. Civ. Law, § 271. 
 
 FINORS. Refiners of gold and silver. 
 
 FIRDFARE (Saxon). See "Firdnite." 
 
 FIRDIRINGA (Saxon). A preparation to 
 go into the army. Leg. Hen. 1. 
 
 FIRDNITE, or FIRDWITE (Saxon.) A 
 mulct or penalty imposed on military ten- 
 ants for their default in not appearing in 
 arms, or coming to an expedition; a penalty 
 imposed for murder committed in the army. 
 Cowell. 
 
 FIRDSOCNE (Saxon.) Exemption from 
 military service. Spelman. 
 
 FIRE. The common understanding of the 
 word "fire" would never include heat, short 
 
PIRE AND SWORD 
 
 414 
 
 FIRMURA 
 
 of the degree of ignition, however produced. 
 30 111. App. 266. 
 
 Thus neither artificial nor solar heat, 6 
 Taunt. 436; 2 Marsh. 130; nor lightning, 
 nor an explosion of gunpowder or of fire- 
 danap, or of a steam-engine, nor the dis- 
 charge of ordnance, nor a projectile from 
 either a volcano or a gun, is "fire" within 
 a fire policy, unless there be an actual set- 
 ting on fire directly causing the injury in- 
 sured against. 19 C. B. N. S. 133, 34 L. 
 J. C. P. 301. 
 
 FIRE AND SWORD. Letters of fire and 
 sword were the ancient means for dispos- 
 sessing a tenant who retained possession 
 contrary to the order of the judge and dili- 
 gence of the law. They were directed to 
 the sheriff, and ordered him to call the as- 
 sistance of the county to dispossess the 
 tenant. Bell, Diet.; Ersk. Inst. lib. 4, tit. 
 3, § 17. 
 
 FIRE INSURANCE. A contract of insur- 
 ance by which the insurer agrees to indem- 
 nify the insured for injury by fire to goods 
 named in the contract. See "Insurance." 
 
 FIRE ORDEAL. See "Ordeal." 
 
 FIRE POLICY. A policy of fire insurance. 
 See "Fire Insurance." 
 
 FIREBARE. A beacon or high tower by 
 the seaside, wherein are continual lights, 
 either to direct sailors in the night, or to 
 give warning of the approach of an enemy. 
 Cowell. 
 
 FIREBOTE. An allowance of wood or es- 
 toves to maintain competent firing for the 
 tenant. A sufficient allowance of wood to 
 burn in a house. 1 Washb. Real Prop. 99. 
 Tenant for life or years is entitled to it. 2 
 Bl. Comm. 35. Cutting more than is needed 
 for present use is waste. 3 Dane, Abr. 238; 
 8 Pick. (Mass.) 312-315; Cro. Eliz. 593; 7 
 Bing. 640. The rules in England and in 
 this country are different in relation to the 
 kind of trees which the tenant may cut. 
 11 Mete. (Mass.) 504; 7 Pick. (Mass.) 152; 
 7 Johns. (N. Y.) 227; 6 Barb. (N. Y.) 9; 
 2 Zab. (N. J.) 521; 2 Ohio St. 180; 13 Pa. 
 St. 438; 3 Leon. 16. 
 
 FIRKIN. A measure of capacity, equal to 
 nine gallons. The word "firkin" is also 
 used to designate a weight,, used for butter 
 and cheese, of fifty-six pounds avoirdupois. 
 
 FIR LOT. A Scotch measure of capacity, 
 containing two gallons and a pint. Spel- 
 
 FIRM. The persons composing a partner- 
 ship, taken collectively. 
 
 The name or title under which the mem- 
 bers of a partnership transact business. 
 
 The word is used as synonymous with 
 "partnership." The words "house," "con- 
 cern," and "company" are ^Iso used in the 
 same sense. This name is, 'in point of law, 
 conventional, and applicable only to the per- 
 
 sons who, on each particular occasion when 
 the name is used, are members of the firm. 
 A firm is usually described, in legal pro- 
 ceedings, as certain persons trading or car- 
 rying on business under and using the 
 name, style, and firm of, etc Firm name, 
 (q. V.) 9 Q. B. 861; 9 Mees. & W. 847; 1 
 Chit. Bailm. 49. 
 
 FIRM NAME. A firm name is such name 
 as the copartners choose to adopt, and may 
 disclose the names of all the partners or of 
 none of them, or the name of but one of 
 them may be used as the firm name. 189 
 111. 245. 
 
 FIRM A (Law Lat.) A farm or rent re-' 
 served on letting lands, anciently frequently 
 reserved in provisions. Spelman; Cunning- 
 ham. 
 
 A banquet; supper; provisions for the 
 table. Du Cange. ' 
 
 .A tribute or custom paid towards enter- 
 taining the king for one night. Domes- 
 day Book; Cowell. 
 
 A rent reserved to be paid in money, 
 called then alba firma, white rents, money 
 rents. Spelman. 
 
 A lease; a letting. Ad firmam tradidi. 
 I have farm let. Spelman. 
 
 A messuage with the house, garden, or 
 lands, etc., connected therewith. Co. Litt. 
 5a; Shep. Touch. 93. See "Farm." 
 
 FIRMA FEODI (Law Lat.) Fee farm. See 
 "Feodi Firma." 
 
 FIRMAN. A passport granted by the great 
 mogul to captains of foreign vessels to trade 
 within the territories over which he has 
 jurisdiction; a permit. 
 
 FIRMARATIO. The right of a tenant to 
 his lands and tenements. Cowell. 
 
 FIRMARIUM. In old records. A place In 
 monasteries, and elsewhere, where the poor 
 were received and supplied with food. Spel- 
 man. Hence the word "infirmary." 
 
 FIRMARIUS (Law Lat.) A termor; a les- 
 see of a term. Firmarii comprehend all 
 such as hold by lease for life or lives or 
 for year, by deed or without^ deed. 2 Inst. 
 144, 145; 1 Washb. Real Prop. 107; 8 Pick. 
 (Mass.) 312-315; 7 Adol. & E. 637. 
 
 FIRMATIO. In forest law. Doe season. 
 Cowell. 
 
 FIRME. In old records. A farm. 
 
 FIRMIOR ET POTENTIOR EST OPERA- 
 tio legls quam dispositio hominis. The op- 
 eration of law is firmer and more powerful 
 than the will of man. Co. Litt. 102. 
 
 FIRMITAS. In old English law. An as- 
 surance of some privilege, by deed or char- 
 ter. 
 
 FIRMURA. In old English law. Liberty 
 to scour and repair a mill dam, and carry 
 away the soil, etc. Blount. 
 
FIRST CLASS 
 
 415 
 
 FISHERY 
 
 FIRST CLASS. The term "first class" is 
 a relative term, aiid depends upon the use 
 of the thing to which it is applied, and the 
 character of the persons who are to use it. 
 218 111. 90. 
 
 FIRST CLASS MISDEMEANANT. In 
 English law, one convicted of misdemeanor 
 who is designated by the judge to be treated 
 with special favor. Such designation is in 
 the discretion of the judge. 28 & 29 Vict. 
 c. 126, § 67. 
 
 FIRST COUSIN. A person's first cousin 
 is the child of his uncle or aunt; and only 
 persons standing in that relationship to him 
 will take under a gift to his "first cousins;" 
 first cousins once removed will not be com- 
 prised, 8 L. J. Ch. 18; 25 L. J. Ch. 116; 
 unless there be no first cousins properly so 
 called. 1 Jarm. 153. 
 
 FIRST FRUITS. The first year's whole 
 profits of the spiritual preferments. There 
 were three valuations (valor beneficium) at 
 different times, according to which these 
 first fruits were estimated, made in 1253, 
 1288, and 1318. A final valuation was made 
 by 26 Hen. VIII. c. 3. 
 
 They now form a perpetual fund, called 
 "Queen Anne's Bounty," the income of 
 which is used for the augmentation of poor 
 livings. 1 Sharswood, Bl. Comm. 284, and 
 notes; 2 Burn, Ecc. Law, 260. 
 
 FIRST IMPRESSION. First examination; 
 first presentation to a court for examina- 
 tion or decision. A cause which presents a 
 new question for the first time, and for 
 which, consequently, there is no precedent, 
 is said to be a case of the first impression. 
 
 FIRST PURCHASER. In the English law 
 of descent, the first purchaser was he who 
 first acquired an estate in a family which 
 still owns it. A purchase of this kind sig- 
 nifies any mode of acquiring an estate, ex- 
 cept by descent. 2 Bl. Comm. 220. 
 
 FISC. In civil law. The treasury of a 
 prince; the public treasury. 1 Low. (U. S.) 
 361. 
 
 Hence, to confiscate a thing is to appro- 
 priate it to the fisc. Paillet, Dr. Pub. 21, 
 note, says that fiscus, in the Roman law, 
 signified the treasure of the prince, and 
 aerarium the treasurer of the state. But 
 this distinction was not observed in France. 
 
 FISCAL. Belonging to the fisc, or public 
 treasury. 
 
 FISCAL JUDGE (Law Lat. judex fisca- 
 lia). An officer named in the laws of the 
 barbarous nations of Europe; the same with 
 the grafio, graf, greve, or greeve. Spelman, 
 voe. "Grafio." Called flscla, because charged 
 with the collection of public moneys, either 
 directly, or by the imposition of fines. Id. 
 In the Ripaurian law, he is said to be the 
 same with the comes or count. L. Ripaur. 
 tit. 35; Montesq. Esp. des Lois, liv. 30, c. 
 18. 
 
 FISCUS. 
 
 In Roman Law. The treasury of the 
 prince _ or emperor, as distinguished from 
 "aerarium,," which was the treasury of the 
 state. Spelman; Plin. Pand. 86; Tacit, vi. 
 2; Calv. Lex. 
 
 The treasury or property of the state, as 
 distinguished from the private property of 
 the sovereign. Dig. 49. 14; 1 Mackeld. Civ. 
 Law, 149, § 144. 
 
 In English Law. The king's treasury, 
 as the repository of forfeited property. 
 Bracton, fol. 150. 
 
 The treasury of a noble, or of any private 
 person. Spelman. 
 
 The use of the word in the sense of a 
 treasury is derived from its primary mean- 
 ing, a wicker basket or hamper in which 
 money was kept by the Romans. Burrill. 
 
 FISH. An animal which inhabits the wa- 
 ter, breathes by means of gills, swims by 
 the aid of fins, and is oviparous. 
 
 Fishes in rivers and in the sea are con- 
 sidered as animals ferae naturae; conse- 
 quently, no one has any property in them 
 until they have been captured, and, like 
 other wild animals, if, having been taken, 
 they escape and regain their liberty, the 
 captor loses his property iii them. 
 
 FISH ROYAL. A whale, porpoise, or stur- 
 geon thrown ashore on the coast of England 
 belonged to the king as a branch of his pre- 
 rogative. Hence these fish are termed "roy- 
 al fish." Hale, de Jur. Mar. pt. 1, c. 7; 1 
 Sharswood, Bl. Comm. 290; Plowd. 305; 
 Bracton, lib. 3, c. 3. 
 
 FISHERY. A place prepared for catching 
 fish with nets or hooks. This is commonly 
 applied to the place of drawing a seine or 
 net. 1 Whart. (Pa.) 131, 132. 
 
 A right or liberty of taking fish; a spe- 
 cies of incorporeal hereditament, anciently 
 termed "piscary," of which there are sev- 
 eral kinds. 2 Bl. Comm. 34, 39; 3 Kent, 
 Comm. 409-418; Angell, Watercourses, § 61 
 et seq.; Angell, Tide Waters, p. 124, c. 5. 
 
 A common of fishery is not an exclusive 
 right, but one enjoyed in common with cer- 
 tain other persons. 3 Kent, Comm. 329. 
 
 A free fishery issaid to be a franchise in 
 the hands of a subject, existing by grant or 
 prescription, distinct from an ownership in 
 the soil. It is an exclusive right, and applies 
 to a public navigable river, without any 
 right in the soil. 3 Kent, Comm. 329. 
 
 A several fishery is one by which the par- 
 ty claiming it has the right of fishing, in- 
 dependently of all others, so that no person 
 can have a coextensive right with him in the 
 object claimed; but a partial and independ- 
 ent right in another, or a limited liberty, 
 does not derogate from the right of the 
 owner. 5 Burrows, 2814. 
 
 A distinction has been made between a 
 common fishery (com,mune piscarium) , 
 which may mean for all mankind, as in the 
 sea, and a common of fishery (oommunium 
 piscariae) , which is a right, in common with 
 
FISHGARTH 
 
 416 
 
 FLAGRANS CRIMEN 
 
 certain other persons, in a particular 
 stream. 8 Taunt. 183. Mr. Angell seems 
 to think that "common of fishery" and 
 "free fishery" are convertible terms. An- 
 gell, Watercourses, c. 6, §§ 3, 4. 
 
 Mr. Woolrych says that sometimes a free 
 fishery is confounded with a several, some- 
 times it is said to be synonymous with com- 
 mon, and again it is treated as distinct from 
 either. Woolr. Waters, 97. 
 
 A several fishery, as its name imports, is 
 an exclusive property. This, however, is 
 not to be understood as depriving the terri- 
 torial owner of his right to a several fishery 
 when he grants to another person permis- 
 sion to fish; for he would continue to be 
 the several proprietor, although he should 
 suffer a stranger to hold a coextensive right 
 with himself. Woolr. Waters, 96. 
 
 These distinctions in relation to several, 
 free, and common of fishery are not strong- 
 ly marked, and the lines are sometimes 
 scarcely perceptible. "Instead of going into 
 the black-letter books to learn what was a 
 fishery, and a free fishery and a several 
 fishery," says Huston, J., "I am disposed to 
 regard our own acts, even though differing 
 from old feudal law." 1 Whart. (Pa.) 132. 
 
 FISHGARTH. A dam or weir in a river 
 for taking fish. Cowell. - 
 
 FiSK. In Scotch law. The revenue of the 
 crown. Generally used of the personal es- 
 tate of a rebel, which has been forfeited to 
 the crown. Bell, Diet. 
 
 FISTUCA, or FESTUCA (Lat.) The rod 
 which was transferred, in one of the an- 
 cient methods of feoffment, to denote a 
 transfer of the property in land. Called, 
 otherwise, baculum, virga, fustis. Spelman. 
 
 FISTULA. In the civil law. A pipe for 
 convejring water. Dig. 8. 2. 18. 
 
 FIVE-MILE ACT. An act of parliament, 
 passed in 1665, against nonconformists, 
 whereby ministers of that body were prohib- 
 ited from coming within five miles of any 
 corporate town or place where they had 
 preached or lectured. Brown. 
 
 FIXING BAIL. In practice. Rendering ab- 
 solute the liability of special bail. 
 
 The bail are fixed upon the issue of a 
 ca. sa. (capias ad satis facienduniy against 
 the defendant (2 Nott & McC. [S. C] 569; 
 
 16 Johns. [N. Y.] 117; 3 Har. [N. J.] 9; 11 
 Tex. 15), and a return of non est thereto by 
 the sheriff (4 Day [Conn.] 1; 2 Bailey 
 [S. C] 492; 3 Rich. [S. C] 145; 1 Vt. 276; 
 
 -7 Leigh [Va.] 371), made on the return day 
 (2 Mete. [Mass.] 690; 1 Rich. [S. C] 421), 
 unless the defendant be surrendered within 
 the time allowed ex gratia by the practice 
 of the court (3 Conn. 316; 9 Serg. & R. 
 [Pa.] 24; 2 Johns. [N. Y.] 101; 9 Johns. 
 [N. Y.] 84; 1 Dev. [N. C] 91; 11 Gill & 
 J. [Md.] 92; 2 Hill [N. Y.] 216; 8 Cal. 552; 
 
 17 Ga. 88). 
 
 In New Hampshire (1 N. H. 472) and 
 Massachusetts (2 Mass. 485) bail are not 
 fixed till judgment on a sci. fa. is obtained 
 against him, except by the death of the de- 
 fendant after a return of non est to an 
 execution against him. 
 
 The death of the defendant after a return 
 of non est by the sheriff prevents a sur- 
 render and fixes the bail inevitably. 5 
 Bin. (Pa.) 332; 4 Johns. (N. Y.) 407; 3 
 McCord (S. C.) 49; 4 Pick. (Mass.) 120; 
 4 N. H. 29; 12 Wheat. (U. S.) 604. See 1 
 Overt. (Tenn.) 224; 1 Ohio, 35; 2 Ga. 331. 
 
 In Georgia and North Carolina, bail are 
 not fixed till judgment is obtained against 
 them. 3 Dev. (N. C.) 155; 2 Ga. 331. 
 
 FIXTURES. The word "fixtures" is used 
 with three distinct meanings: 
 
 (1) Chattels affixed to the realty, without 
 regard to the right to remove them. 
 
 (2) An article which was a chattel, but 
 which, by being permanently annexed to the 
 soil, becomes a part of the realty, and can- 
 not be removed without the consent of the 
 owner of the freehold. 40 N. Y. 287. 
 
 (3) Personal chattels affixed to real es- 
 tate, which may be severed and removed by 
 the party who has affixed them, or by his 
 personal representative, against the will of 
 the owner of the freehold. 8 Iowa, 544; 
 Tayl. Landl. & Ten. § 544, note 1. 
 
 FLACO. A place covered with standing 
 water. 
 
 FLAG. A symbol of nationality carried by 
 soldiers, ships, etc., and used in many places 
 where such a symbol is necessary or proper. 
 
 For the law upon the subject of national- 
 ity of a cargo as determined by the fiag, 
 see 5 East, 398; 9 East, 283; 3 Bos. & P. 
 201; 1 C. Rob. Adm. 1; 5 C. Rob. Adm. 16; 
 
 1 Dods. Adm. 81, 131; 9 Cranch (U. S.) 388; 
 
 2 Pars. Mar. Law, 114, 118, note 129. 
 
 FLAG, DUTY OF THE. Saluting the Brit- 
 ish flag, by striking the flag, and lowering 
 the topsails of a vessel, exacted as a tribute 
 to the sovereignty of England over the Brit- 
 ish seas. 
 
 FLAGELLAT. Whipped; scourged. An 
 entry on old Scotch records. 1 Pitc. Crim. 
 Tr. pt. 1, p. 7. 
 
 FLAGRANS. Burning; raging; in actual 
 perpetration. Flagrans helium, a war actu- 
 ally going on. Flagrans crimen, a crime in 
 the act of perpetration, or just perpetrated. 
 
 FLAGRANS CRIMEN. In Roman law. A 
 term denoting that a crime is being or has 
 just been committed. For example, when a 
 crime has just been committed, and the cor- 
 pus delictum is publicly exposed, or if a 
 mob take place, or if a house be feloniously 
 burned, these are severally flagrans crimen- 
 
 The term used in France is flagrant delit. 
 The Code of Criminal Instruction gives the 
 following concise definition of it (article 
 41) : "Le, delit qui se commet actuelle- 
 
FLAGRANT NECESSITY 
 
 417 
 
 FLOATING SECURITY 
 
 ment ou qui vient de se commettre, est un 
 flagrant delit." 
 
 FLAGRANT NECESSITY, A case of ur- 
 gency rendering lawful an otherwise illegal 
 act, as an assault to remove a man from im- 
 pending danger. 
 
 FLAGRANTE BELLO. During an actual 
 state of war. 
 
 FLAGRANTE DELICTO (Lat.) In the very 
 act of committing the crime. 4 Bl. Comm. 
 307. 
 
 FLAT. The word "flat," as used with re- 
 lation to stock transactions on the marketj 
 means "without interest." 205 111. 90. 
 
 Flats are as much separate dwellings as 
 ordinary adjoining houses are. The differ- 
 ence is that flats are under one roof, and 
 are divided one from another by a hori- 
 zontal plane, but ordinary adjoining houses, 
 by a perpendicular or vertical line. Il7 
 Cal. 71. 
 
 When applied to lands, refers to the lands 
 between the lines of high and low water. 
 Gould, Waters, § 28. 
 
 FLAVIANUM JUS (Lat.) A treatise on 
 civil law, which takes its name from its 
 author, Cneius Flavius. It contains forms 
 of actions. Vicat. 
 
 FLECTA. A feathered- or fleet arrow. 
 Cowell. 
 
 FLEDWITE. A discharge or freedom from 
 amercements where one having been an out- 
 lawed fugitive cometh to the place of our 
 lord of his own accord. Termes de la Ley. 
 
 The liberty to hold court and take up 
 the amercements for beating and striking. 
 Cowell. 
 
 The fine set on a fugitive as the price of 
 obtaining the king's freedom. Spelman. 
 
 FLEE FROM JUSTICE. See "Fugitive 
 from Justice." 
 
 FLEE TO THE WALL. A figurative ex- 
 pression used in the criminal law to ex- 
 press the duty of one assailed by violence to 
 retreat as far as he safely may before mak- 
 ing violent resistance. It probably originat- 
 ed from the language of Blackstone, who 
 says: "The party assaulted must flee as 
 far as he conveniently can, either by reason 
 of some wall, ditch, or other impediment, 
 or as far as the fierceness of the assault will 
 permit him." 4 Bl. Comm. 185. 
 
 FLEET. A place of running water where 
 the tide or float comes up. 
 
 A prison in London, so called from a river 
 or ditch which was formerly there, on the 
 side of which it stood. 
 
 FLEM. In Saxon and old English law. A 
 .fugitive bondman or villein. Spelman. 
 
 The privilege of having the goods and fines 
 of fugitives. Id. ' 
 
 FLEMENE FRIT, FLEMENES FRINTHE, 
 or flymena frynthe. The reception or re- 
 lief of a fugitive or outlaw. Jacob. 
 
 FLEMESWHITE. The possession of the 
 goods of fugitives. Fleta, lib. 1, c. 147. 
 
 FLET. House; home. Cowell. 
 
 FLETA. The title of an ancient law book, 
 supposed to have been written by a judge 
 while confined in the Fleet prison. 
 
 It is written in Latin, and is divided into 
 six books. The author lived in the reigns of 
 Edward II. and Edward III. See liber 2, c. 
 66, § Item quod nullus; liber 1, c. 20, § 
 Qui coeperunt; 10 Coke, pref. Edward II. 
 was crowned A. D. 1306. Edward III. was 
 crowned 1326, and reigned till A. D. 1377. 
 During this period the English law 
 was greatly improved, and the lawyers and 
 judges were very learned. Hale, Hist. Com. 
 Law, 173. Blackstone (4 Comm. 427) says 
 of this work "that it was for the most part 
 law until the alteration of tenures took 
 place." The same remark he applies to 
 Britten and Hingham, 
 
 FLICHWITE. In Saxon law. A fine on 
 account of brawls and quarrels. Spelman. 
 
 FLIGHT. In criminal law. The evading 
 the course of justice by a man's voluntarily 
 withdrawing himself. 4 Bl. Comm. 387. 
 See "Fugitive from Justice." 
 
 FLOAT. A certificate authorizing the par- 
 ty possessing it to enter a certain amount 
 of land. 20 How. (U. S.) 504. See 2 Washb. 
 Real Prop. 
 
 FLOATABLE. A stream capable of float- 
 ing logs, etc., is said to be floatable. 2 
 Mich. 519. 
 
 FLOATING DEBT. By the term "float- 
 ing debt," as applied to a municipal corpora- 
 tion, is meant that mass of lawful and valid 
 claims against the corporation, for the pay- 
 ment of which there is no money in the cor- 
 poration treasury specially designed, nor 
 any taxation or other means of providing 
 money to pay, particularly provided. 34 111. 
 App. 510; 71 N. Y. 371-374. 
 
 The term "floating 'ndebtedness,'' as used 
 in a resolution of a corporation, does not 
 include the amount of a debt secured by 
 mortgage on real estate, 34 111. App. 510. 
 
 FLOATING SECURITY. A floating se- 
 curity is "a security on the property of 
 the company as a going concern, subject to 
 the powers of the directors to dispose of the 
 property of the company while carrying on 
 its business in the ordinary course." 1 Ch. 
 434, 10 Ch. D. 530. 
 
 Debentures which allow a company to 
 deal with its assets in the ordinary course 
 of business until the company is wound up 
 or stops business or a receiver is appointed 
 at the instance of the debenture holders 
 constitute a floating security. They con- 
 stitute a charge and give a license to the 
 
FLODEMARK 
 
 418 
 
 FOGAGIUM 
 
 company to carry on its business. 2 Ch. 118, 
 1 Ch. 641. 
 
 FLODEMARK. High-tide mark. Blount. 
 The mark which the sea at flowing water 
 and highest tide makes upon the shore. 
 And. 189; Cunningham. 
 
 FLORENTINE PANDECTS. A copy of the 
 Pandects discovered accidentally about the 
 year 1137, at Amalphi, a town in Italy, near 
 Salerno. From Amalphi, the copy found its 
 way to Pisa, and_, Pisa having submitted to 
 the Florentines in 1406, the copy was re- 
 moved in great triumph to Florence. By di- 
 rection of the magistrates of the town, it 
 was immediately bound in a superb manner, 
 and deposited in a costly chest. Formerly, 
 these Pandects were shown only by torch 
 light, in the presence of two magistrates, 
 and two Cistercian monks, with their heads 
 uncovered. They have been successively col- 
 lated by Politian, Bolognini, and Antonius 
 Augustinus. An exact copy of them was 
 published in 1653 by Franciscus Taurellus. 
 For its accuracy and beauty, this edition 
 ranks high among fhe ornaments of the 
 press. Brenchman, who collated the manu- 
 script about 1710, refers it to the sixth 
 century. Butler, Hor. Jur. 90, 91. 
 
 FLORIN. A coin, originally made at Flor- 
 ence. Called, also, "gulder." 
 
 FLOTAGES. Things which float by acci- 
 dent on the sea or great rivers. Blount. 
 
 The commissions of water bailiffs. Cun- 
 ningham. 
 
 FLOTSAM, or FLOTSAN. A name for the 
 goods which float upon the sea when cast 
 overboard for the safety of the ship, or 
 when a ship is sunk. Distinguished from 
 "jetsam" and "ligan." Bracton, lib. 2, c. 5; 
 5 Coke, 106; Comyn, Dig. "Wreck" (A); 
 Bac. Abr. "Court of Admiralty" (B) ; 1 
 Bl. Comm. 292. 
 
 FLOUD MARKE. Flodemark (q. v.) 
 
 FLUMEN (Law Lat.) In civil law. The 
 name of a servitude which consists in the 
 right of turning the rain water, gathered 
 in a spout, on another's land. Ersk. Inst, 
 bk. 2, tit. 9, note 9; Vicat. See "Stillici- 
 dium." 
 
 FLUMINA ET PORTUS PUBLICA 
 sunt; ideoque jus piscandl omnibus com- 
 mune est. Rivers and ports are public; 
 therefore the right of fishing there is com- 
 mon to all. Dav. Ir. K. B. 55; Branch, Princ. 
 
 FLUVIUS. (Lat.) In old English law. A 
 river. Fluvii regales, royal streams. Public 
 rivers for public passage (Fr. haut stremes 
 le roy). So called, not in reference to the 
 ownership of the river, but to the public 
 use; all things of public safety and con- 
 venience being, in a special manner, under 
 the king's care, supervision, and protection. 
 Hale, de Jur. Mar. par. 1, c. 2. 
 
 Flood or flood tide. Fleta, lib. 6, c. 8, I 2. 
 
 FLUXUS. In old English law. Flow. 
 Per fluxum et refluxum maris, by the flow 
 and reflow of the sea. Dal. pi. 10. 
 
 FLYMA (Saxon). A fugitive or outlaw. 
 Spelman. 
 
 FLYMAN FRYMTH. In, old English law. 
 The offense of harboring a fugitive, the 
 penalty attached to which was one of the 
 rights of the crown. Anc. Inst. Eng. 
 
 FOCAGE. House bote; fire bote. Cowell. 
 
 FOCALE (Law Lat.) In old English law. 
 Firewood; the right of taking wood for the 
 fire; fire bote. Cunningham. 
 
 FODERUM (Law Lat.) Food for horses 
 or other cattle. Cowell. 
 
 — ^In Feudal Law. Fodder and supplies 
 provided as a part of the king's prerogative 
 for use in his wars or other expeditions. 
 Cowell. 
 
 FODINA. A mine. Co. Litt. 6a. 
 
 FOEDUS (Lat.) A league; a compact. 
 
 FOEMINA VIRO CO-OPERTA. A feme 
 covert. 
 
 FOEMINAE AB OMNIBUS OFFICIIS Cl- 
 vilibus ve! publicis remotae sunt. Women 
 are excluded from all civil and public 
 charges or offices. Dig. 50. 17. 2; 1 Exch. 
 645; 6 Mees. & W. 216. 
 
 FOEMINAE NON SUNT CAPACES DE 
 publicis officlis. Women are not admissable 
 to public offices ( Jenk. Cent. Cas. 237) ; but 
 a woman may be elected to the office of sex- 
 ton (7 Mod. 263; Strange, 1114), or gov- 
 ernor of a workhouse, and act by deputy (2 
 Ld. Raym. 1014), or an overseer (2 Term 
 R. 395). See "Women." 
 
 FOENERATION. The act of putting out 
 money at interest. 
 
 FOENUS NAUTICUS (Lat.) The name 
 given to marine interest. The amount of 
 such interest is not limited by law, because 
 the lender runs so great a risk of losing 
 his principal. Ersk. Inst. bk. 4, tit. 4, note 
 76. See "Marine Interest." 
 
 FOETICIDE. In medical jurisprudence. 
 The act of criminal abortion. 1 Beck, Med. 
 Jur. 288; Guy, Med. Jur. 133. 
 
 FOETURA (Law Lat.) In civil law. The 
 produce of animals, and the fruit of other 
 property, which are acquired to the owner 
 of such animals and property by virtue of 
 his right. Bowyer, Mod. Civ. Law, c. 14, p. 
 81. 
 
 FOETUS (Lat.) In medical jurisprudence. 
 An unborn child; an infant in ventre so 
 mere. 
 
 FOGAGIUM. In old English law. Fogage 
 or fog; a kind of rank grass, of late growth, 
 
FOI 
 
 419 
 
 FOOTGELD 
 
 and not eaten in summer. Spelman; Cow- 
 ell. Distinguished from "hay.'^ 
 
 FOI. In French feudal law. Faith; fealty. 
 Guyot, Inst. Feud. c. 2. 
 
 FOINESUN. In old English law. The 
 fawning or fawning time of deer. Spelman. 
 
 FOIRFAULT. In old English law. To for- 
 feit. 1 How. St. Tr. 927. 
 
 FOIRTHOCHT. In old Scotch law. Fore- 
 thought; premeditated. 1 Pitc. Grim. Tr. 
 pt. 1, p. 90. 
 
 FOITERERS. Vagrants. 
 
 FOLC LAND (Saxon). Land of the people. 
 Spelman. Said by Blackstone to be land 
 held by no assurance in writing, but to have 
 been distributed amongst the common peo- 
 ple at the pleasure of the lord, and resum- 
 able at his discretion. 2 Bl. Comm. 90; 
 Cowdl. 
 
 It was probably, however, land which be- 
 longed to the community, and which, being 
 parcelled out for a term to people of all 
 conditions, reverted again to the commons 
 at the expiration of the term. I Spence, Eq. 
 Jur. 8; Wharton. 
 
 FOLC MOTE, FOLK MOTE, or FOLC GE- 
 nvote (Saxon, from folc, people, and mote, 
 or gemote, meeting). In Saxon law. A 
 meeting of the people; a general assembly 
 of the people, to consider and order mat- 
 ters of the commonwealth. Somner; Spel- 
 man, voc. "Gemotum." Any popular or pub- 
 lic meeting of all the folk or people of a 
 place or district. Brande. See "Gemot." 
 
 The term was used to denote a court or 
 judicial tribunal among the Saxons, which 
 possessed substantially the powers after- 
 wards exercised by the county courts and 
 sheriflP's tourn. These powers embraced the 
 settlement of small claims, taking the oath 
 of allegiance, preserving the laws, and mak- 
 ing the necessary arrangements for the 
 preservation of safety, peace, and the pub- 
 lic weal. It appears that complaints were 
 to be made before the folk gemote held in 
 London annually, of any mismanagement 
 by the mayor and aldermen of that city. 
 It was called, also, a "burg gemote" when 
 held in a burgh, and "shire gemote" when 
 held for a county. See Manw. For. Laws; 
 Spdman; De Brady; Cunningham. 
 
 A county court; an assembly of the peo- 
 ple or freeholders of a county (conventus 
 eomitatus). Otherwise called the "shire 
 mote." Spelman. 
 
 A city court; an assembly of the inhabi- 
 tants of a city or borough (conventus civi- 
 tatis sea burgi) . Otherwise called the "burg 
 mote." Spelman. The folc mote or city court 
 of London is mentioned in ancient records. 
 Id.; Crabb, Hist. Eng. Law, 141. The term 
 seems to have been generally applied to all 
 courts that were adapted to the convenience 
 of the people within any district. Id. 26. 
 See Cowell. 
 
 FOLC RIGHT. The common right of all 
 the people. 1 BL Comm. 66, 67. 
 
 FOLD-COURSE. In English law. Land 
 used as a sheep walk. 
 
 Land to which the sole right of folding 
 the cattle of others is appurtenajit. Some- 
 times it means merely such right of folding. 
 The right of folding on another's land, 
 which is called "common foldage." Co. Litt. 
 6a, note 1; W. Jones, 375; Cro. Car. 432; 
 2 Vent. 139. 
 
 FOLDAGE. A privilege possessed in some 
 places by the lord of a manor, which con- 
 sists in the right of having his tenant's 
 sheep to feed on his fields, so as to manure 
 the land. 
 
 The name of "foldage" is also given in 
 parts of Norfolk to the customary fee paid 
 to the lord for exemption at certain times 
 from this duty. Elton, Commons, 45. 46. 
 
 FOLGARII. Menial servants; followers. 
 Bracton. 
 
 FOLGERE. In old English law. A free- 
 man, who has no house or dwelling of his 
 own, but is the follower or retainer of an- 
 other (heorthfoest) , for whom he performs 
 certain predial services. Anc. Inst. Eng. 
 
 FOLGOTH. Official dignity. 
 
 FOLIO. A leaf. The references to the 
 writings of the older law authors are usual- 
 ly made by citing the folio, as it was the an- 
 cient custom to number the folio instead of 
 the page, as is done in modern books. 
 
 A certain number of words specified by 
 statute as a folio. Wharton. Originating, 
 undoubtedly, in some estimate of the num- 
 ber of words which a folio ought to con- 
 tain. 
 
 FONSADERA. In Spanish law. Any 
 tribute or loan granted to the king for the 
 purpose of enabling him to defray the ex- 
 penses of a war. 
 
 FONTANA. A fountain or spring. Brac- 
 ton, fol. 233. 
 
 FOOT. A measure of length, containing 
 one-third of a yard, or twelve inches. Fig- 
 uratively, it signifies the conclusion, the 
 end; as, the foot of the fine, the foot of the 
 account. 
 
 FOOT OF THE FINE. The fifth part of 
 the conclusion of a fine. It includes the 
 whole matter, reciting the names of the 
 parties, day, year, and place, and before 
 whom it was acknowledged or levied. 2 
 Bl. Comm. 351. 
 
 FOOTGELD. An amercement for not cut- 
 ting out the ball or cutting off the claws of 
 a dog's feet (expeditating him). To be quit 
 of footgeld is to have the privilege of keep- 
 ing dogs in the forest unlawed without pun- 
 ishment or control. Manw. For. Laws, pt. 
 1, p. 86; Cromp. Jur. 197; Termes de la Ley; 
 Cunningham. 
 
FOR 
 
 420 
 
 PORDA 
 
 FOR. In French law. A tribunal. Le for 
 mterieur, the interior forum; the tribunal 
 of conscience. Poth. Obi. pt. 1, c. 1, § 1, 
 art. 3, § 4. 
 
 FOR A TURN. See "Gambling Contract." 
 
 FOR THAT, or FOR THAT WHEREAS. 
 Words used in introduction in a declaration. 
 "For that whereas" introduces recitals, 
 "For that," positive allegations. Hammond, 
 N. P. 9. 
 
 FOR THE USE OF. In an action at law 
 by one for the use of another the expres- 
 sion "for the use of" is for the purpose of 
 protecting the interest of the usee against 
 the nominal plaintiff, and not for the bene- 
 fit of the defendant, who is not interested 
 in the declaration of use, and as far as de- 
 fendant is concerned, the expression is sur- 
 plusage. 183 111. 286; 188 111. App. 429. 
 
 FOR VALUE RECEIVED. Generally the 
 expression "for value received" used in a 
 note imports a consideration. 177 111. 291. 
 
 FORANEUS. One from without; a for- 
 eigner; a stranger. Calv. Lex. 
 
 FORATHE. One who can take oath for 
 another who is accused of one of the lesser 
 crimes. Manw. For. Laws, p. 3. Cowell. 
 
 FORBALCA. In old records. A forebalk; 
 a balk (that is, an unplowed piece of land) 
 lying forward or next the highway. Cowell. 
 
 FORBANER. To deprive forever; to shut 
 out. 9 Rich. II. c. 2; 6 Hen. VI. c. 4; 
 Cowell. 
 
 FORBARRER (Law Fr.) To tar out; to 
 prevent or preclude; to estop. Cowell. 
 
 FORBATUDUS. In old English law. The 
 aggressor slain in combat. Jacob. 
 
 FORBEARANCE. A delay in enforcing 
 rights; the act by which a creditor waits 
 for the payment of a debt due him by the 
 debtor after it has become due. It is suf- 
 ficient consideration to support assumpsit, 
 or a guarantee. 27 L. J. Ex. 120; 2 H. & N. 
 517; 82 Ch. D. 289; 56 L. J. Q. B. 518; 57 
 L. T. 554; contra 1 Ex. 74; 16 L. J. Ex. 
 237. 
 
 A forbearance is a determination of the 
 will, not to do some given external act. Or 
 in not doing some given external act, and 
 in not doing it in consequence of a deter- 
 mination of the will. Const. Jurisp. 1, 377. 
 
 FORCE. Restraining power; validity; 
 binding effect. 
 
 A law may be said to be in force when it 
 is not repealed, or, more loosely, when it 
 can be carried into practical effect._ An 
 iigreement is in force when the parties to 
 it may be compelled to act, or are acting, 
 under its terms and stipulations. 
 
 Strength applied; active power; power 
 put in motion. 
 
 Actual force is where strength is actual- 
 ly applied, or the means of applying it are 
 at hand. 
 
 The display of power to injure sufficient 
 to put in bodily fear is force. 5 Blatchf. 
 (U. S.) 18; 2 Whart. Crim. Law, 1698. 
 
 Implied force is that which is implied by 
 law from the commission of an unlawful 
 act. Every trespass quare elausum fregit 
 is committed with implied force. 1 Salk. 
 641; Co. Litt. 57b, 161b, 162a; 1 Saund. 
 81, 140, note 4; 5 Term R. 361; 8 Term R. 
 78, 358; Bac. Abr. "Trespass;" 3 Wils. 18; 
 Fitzh. Nat. Brev. 890; 6 East, 387; 5 Bos. 
 & P. 365, 454. 
 
 Mere nonfeasance cannot be considered 
 as force, generally. 2 Saund. 47; Co. Litt. 
 161; Bouv. Inst. Index. 
 
 FORCE AND ARMS. A phrase used In 
 declarations of trespass and in indictments, 
 but now necessary in declarations, to denote 
 that the act complained of was done with 
 violence. 2 Chit. PI. 846, 850. 
 
 FORCED HEIRS. In Louisiana. Those 
 persons whom the testator or donor cannot 
 deprive of the portion of his estate reserved 
 for them by law, except in cases where he 
 has a just cause to disinherit them. Civ. 
 Code La. art. il482. As to the portion of 
 the estate they are entitled to, see "Legi- 
 tim." As to the causes for which forced 
 heirs may be deprived of this right, see 
 "Disinherison." 
 
 FORCED SALE. A sale under process of 
 law, and against the consent of the owner. 
 It does not embrace a sale under a power in 
 a mortgage. 15 Fla. 336. 
 
 FORCHEAPUM. Pre-emption. Blount. 
 
 FORCIBLE ENTRY OR DETAINER. A 
 forcible entry or detainer consists in vio- 
 lently taking or keeping possession of lands 
 or tenements, by means of threats, force, or 
 arms, and without authority of law. Comyn, 
 Dig.; Gabbett, Crim. Law; 52 Barb. (N. Y.) 
 198; 4 Cush. (Mass.) 141. 
 
 Though generally referred to in the con- 
 junctive, forcible entry and forcible detain- 
 er are distinct acts. 31 Cal. 122. 
 
 To authorize either a criminal prosecu- 
 tion or an action of forcible entry and de- 
 tainer at common law, both entry and de- 
 tainer must be forcible (93 Ind. 211) ; but 
 a forcible entry will relate back to the en- 
 try, if that was unlawful, though peace- 
 able; otherwise, if the entry was lawful 
 (45 CaL 597). 
 
 In Modern Usage. The possessory ac- 
 tion of forcible entry and detainer has been 
 extended by statute to certain cases of con- 
 structive force, as where a tenant holds 
 over after his term. 
 
 FOR DA. In old records. A ford or shal- 
 low, made by damming or penning up the 
 water. Cowell. 
 
FORDAL 
 
 421 
 
 FOREIGN 
 
 FORDAL (Saxon). A butt or headband; a 
 piece. 
 
 FORDANNO. In old European law. He 
 who first assaulted another. Spelman. 
 
 FORDIKA. In old records. Grass or herb- 
 age growing on the edge or bank of dykes 
 or ditches. Cowell. 
 
 FORE (Saxon). Before (Fr.) Out. Kel- 
 ham. 
 
 FORECLOSURE. To shut out; to bar. 
 Used of the process of destroying an equity 
 of redemption. 1 Washb. Real Prop. 589; 
 Daniell, Ch. Pr. 1204; Coote, Mortg. 511; 9 
 Cow. (N. Y.) 382. 
 
 A proceeding in chancery by which the 
 mortgagor's right of redemption of the 
 mortgaged premises is barred or closed 
 forever. 
 
 In the more comprehensive sense which 
 modern usage requires, any proceeding by 
 which mortgaged property is applied to the 
 payment of the mortgage debt, and the 
 equity of the mortgagor therein barred. 
 
 As so defined, foreclosure is divided into: 
 
 (1) Strict foreclosure, being foreclosure 
 by a proceeding in chancery, by which the 
 equity of redemption is barred within a 
 certain time, and the title of the mortgagee 
 becomes absolute. 
 
 (2) By entry, by the act of the mort- 
 gagee taking possession either by his own 
 peaceable act, or under writ of entry. 
 
 (3) By sale, being by an action for the 
 judicial sale of the mortgaged property, and 
 the application of the proceeds to the pay- 
 ment of the mortgage debt. Sometimes 
 called "foreclosure by action." 
 
 (4) By advertisement, being a sale under 
 a power of sale in the mortgage, notice 
 thereof being given by advertisement. 
 Sometimes called "foreclosure under power 
 of sale." 
 
 The two first-named varieties are prac- 
 tically unused in the United States, though 
 they exist in a few states. 
 
 FOREFAULT. In Scotch law. To for- 
 feit; to lose. 
 
 FOR EG I FT. A premium for a lease. 
 
 FOREGOERS. Royal purveyors. 26 Edw. 
 III. c. 5. 
 
 FOREHAND RENT. In English law. A 
 species of rent which is a premium given 
 by the tenant at the time of taking the lease, 
 as on the renewal of leases by ecclesiastical 
 corporations, which is considered in the na- 
 ture of an improved rent. 1 Term R. 486; 
 3 Term R. 461; 3 Atk. 473; Crabb, Real 
 Prop. § 155. 
 
 FOREIGN. That which belongs to an- 
 other country; that which is strange. 1 Pet. 
 (U. S.) 343. 
 
 Every nation is foreign to all the rest; 
 and the several states of the American 
 Union are foreign to each other with re- 
 
 spect to their municipal laws. 2 Wash. C. 
 C. (U. S.) 282; 4 Conn. 517; 6 Conn. 480; 
 2 Wend. (N. Y.) 411; 1 Dall. (Pa.) 458, 
 463; 6 Bin. (Pa.) 321; 12 Serg. & R. (Pa.) 
 203; 2 Hill (S. C.) 319; 1 D. Chip. (Vt.) 
 303; 7 T. B. Mon. (Ky.) 585; 5 Leigh (Va.) 
 471; 3 Pick. (Mass.) 293. And in respect 
 to the distinction between foreign and in- 
 land bills of exchange. 112 U. S. 696; 41 
 Me. 302; 102 Mass. 141; 49 N. Y. 269. 
 
 But the reciprocal relations between the 
 national government and the several states 
 composing the United States are not con- 
 sidered as foreign, but domestic. 5 Pet. (U. 
 S.) 398; 6 Pet. (U. S.) 317; 9 Pet. (U. S.) 
 607; 4 Cranch (U. S.) 384; 4 Gill & J. 
 (Md.) 1, 63. 
 
 —^Foreign Administrator. An adminis- 
 trator appointed in a state other than that 
 in which the decedent resided. Lee, Admn. 
 
 Foreign Answer. An answer not tri- 
 able in the county where it is made. St. 15 
 Hen. VI. c. 5; Blount. 
 
 Foreign Apposer. An ofl5cer in the 
 
 exchequer who examines the sheriff's es- 
 treats, comparing them with the records, 
 and apposeth (interrogates) the sheriff 
 what he says to each particular sum there- 
 in. 4 Inst. 107; Blount; Cowell, "Foreigne." 
 The word is written "opposer," "opposeth," 
 by Lord Coke; and this signification corre- 
 sponds very well to the meaning given by 
 Blount, of examiner (interrogator) of the 
 sheriff's accounts. 
 
 Foreign Assignment. An assignment 
 
 made in a foreign country, or in another 
 state. 2 Kent, Comm. 405 et seq. 
 
 Foreign Attachment. A process by 
 
 virtue of which the property of an absent 
 debtor is seized for the purpose of compell- 
 ing an appearance, and, in default of that, 
 to pay the claim of the plaintiff. See "At- 
 tachment." 
 
 Foreign Bill of Exchange. A bill of 
 
 exchange drawn in one state or country, 
 and payable in another. N. Y. Neg. Inst. 
 Law, § 213. 
 
 Foreigji Coins. Coins issued by the 
 
 authority of a foreign government. 
 
 There were several acts of congress 
 passed which rendered certain foreign gold 
 and silver coins a legal tender in payment 
 of debts upon certain prescribed conditions 
 as to fineness and weight. In making a re- 
 port in 1854 on this subject, the late di- 
 rector of the mint,v Mr. Snowden, suggested 
 that there was no propriety or necessity for 
 legalizing the circulation of the coins of 
 other countries, and that in no other na- 
 tion, except in the case of some colonies, 
 was this mixture of currencies admitted by 
 law, either on the score of courtesy or con- 
 venience; and he recommended that if the 
 laws which legalize foreign coins should be 
 repealed, it would be proper to require an 
 annual assay report upon the weight and 
 fineness of such foreign coins as frequently 
 reach our shores, with a view to settle and 
 determine their marketable value. Ex. Doc. 
 No. 68, 33d Cong., 1st Sess. This sugges- 
 
FOREIGN 
 
 422 
 
 FORENSIC MEDICINE 
 
 tion was subsequently repeated, and finally 
 led to the passage of the act of February 
 21, 1857 (11 U. S. Stat, at Large, 163), 
 the third section of which is as follows: 
 "That all former acts authorizing the cur- 
 rency of foreign gold or silver coins, and 
 declaring the same a legal tender in pay- 
 ment for debts, are repealed; but it shall 
 be the duty of the director of the mint to 
 cause assays to be made from time to time 
 of such foreign coins as may be known to 
 our commerce, to determine their average 
 weight, fineness, and value, and to embrace 
 in his annual report a statement of the 
 results thereof." 
 
 Foreign Commerce. Commerce or 
 trade between the United States and for- 
 eign countries. 
 
 Foreign Corporation. A corporation 
 created by or under the laws of another 
 state, government, or country. 2 Rev. St. 
 N. Y. p. 375, § 15. 
 
 Foreign County, Another county. It 
 may be in the same kingdom, it will still 
 be foreign. See Blount, "Foreign." 
 
 Foreign Creditor. One who resides 
 in a different state or country from the 
 debtor. 
 
 Foreign Divorce. A divorce granted 
 
 in a state or country other than that in 
 which one of the parties is domiciled. 
 
 A divorce granted in a state or country 
 other than that in which its validity is 
 called in question. 
 
 Foreign Domicile. A domicile gained 
 
 in a foreign country. 
 
 Foreign Enlistment Act. St. 59 Geo. 
 
 III. c. 69, for preventing British citizens 
 from enlisting as sailors or soldiers in the 
 service of a foreign power. Wharton; 4 
 Steph. Comm. 226. 
 
 Foreign Exchange. Exchange between 
 
 foreign states or countries. 
 
 Foreign Judgment. The judgment of 
 
 a foreign tribunal. 
 
 The various states of the United States 
 are in this respect considered as foreign to 
 each other. In Louisiana it has been decided 
 that a judgment rendered by a Spanish 
 tribunal under the former government of 
 that state is not a foreign judgment. 4 
 Mart. (La.) 301, 310. 
 
 Foreign Jury. A jury obtained from 
 a county other than that in which issue 
 was joined. 
 
 Foreign Laws. The laws of a foreign 
 
 country. 
 
 Foreign IVIatter. Matter which must 
 
 be tried in another county. Blount. Mat- 
 ter done or to be tried in another county. 
 Cowell. 
 
 Foreign Plea. See "Plea." 
 
 Foreign Port. A port or place which 
 is wholly without the United States. 19 
 Johns. (N. Y.) 375; 2 Gall. (U. S.) 4, 7; 1 
 Brock. (U. S.) 235. A port without the ju- 
 risdiction of the court. 1 Dods. Adm. 201; 
 4 C. Rob. Adm. 1; 1 W. Rob. Adm. 29; 6 
 Exch. 886; 1 Blatchf. & H. (U. S.) 66, 71. 
 Practically, the definition has become, for 
 
 most purposes of maritime law, a port at 
 such distance as to make communication 
 with the owners of the ship very inconve- 
 nient or almost impossible. See 1 Pars. 
 Mar. Law, 512, note. 
 
 Foreign Service. In feudal law. That 
 
 whereby a mesne lord held of another, with- 
 out the compass of his own fee, or that 
 which the tenant performed either to his 
 own lord or to the lord paramount out of 
 the fee. Kitch. Cts. 299. Foreign service 
 seems also to be used for knight's service, 
 or escuage iincertain. Jacob. 
 
 Foreign Vessel. A vessel owned by 
 
 residents in, or sailing under the flag of, 
 a foreign nation. 
 
 Foreign Voyage, A voyage whose ter- 
 mination is within a foreign country. 3 
 Kent, Comm. 177, note. The length of the 
 voyage has no effect in determining its 
 character, but only the place of destina- 
 tion. 1 Story (U. S.) 1; 3 Sumn. (U. S.) 
 342; 2 Bost. Law Rep. 146; 2 Wall. C. C. 
 (U. S.) 264; 1 Pars. Mar. Law, 31. 
 
 FOREIGNER. One who is not a citizen. 
 Cowell. 
 
 —In the Old English Law. It seems to 
 have been used of every one not an inhab- 
 itant of a city, at least with reference to 
 that city. 1 H. Bl. 213. See, also, Cowell, 
 "Foreigne." 
 
 In the United States. Any one who 
 
 was bom in some other country than the 
 United States, and who owes allegiance to 
 some foreign state or country. 1 Pet. (U. 
 S.) 343, 349. An alien. See "Alien;" "Citi- 
 zen." 
 
 FOREIN. An old form of "foreign" (q. 
 V.) Blount. 
 
 FOREJUDGE. To deprive a man of the 
 thing in question by sentence of court. 
 
 Among foreign writers, says Blount, fore- 
 judge is to banish, to expel. In this latter 
 sense, the word is also used in English law 
 of an attorney who has been expelled from 
 court for misconduct. Cowell; Cunning- 
 ham. 
 
 FOREJUDGER. In English practice. A 
 judgment by which a man is deprived or 
 put out of a thing; a judgment of expulsion 
 or banishment. See "Forejudge." 
 
 FOREMAN. The presiding member of a 
 grand or petit jury. 
 
 FORENSIC. Belonging to courts of jus- 
 tice. 
 
 FORENSIC MEDICINE. Medical jurispru- 
 dence. "That science which teaches the ap- 
 plication of every branch of medical knowl- 
 edge to the purposes of the law; hence its 
 limits are, on the one hand, the require- 
 ments of the law, and, on the other, the 
 whole range of medicine. Anatomy, physi- 
 ology, medicine, surgery, chemistry, physics, 
 and botany lend their aid as necessity 
 arises; and in some cases all these branches 
 
PORENSIS 
 
 423 
 
 FORFEIT 
 
 of science are required to enable a court of 
 law to arrive at a proper conclusion on a 
 contested question affecting life or prop- 
 erty." Tayl. Med. Jur. 1. 
 
 FORENSIS. Forensic; belonging to court. 
 forensis homo, a man engaged in causes. A 
 pleader; an advocate. Vicat; Calv. Lex. 
 
 FORESAID. Used in Scotch law as 
 "aforesaid" is in English,^ and sometimes, 
 in a plural form, "foresaids." 2 How. St. 
 Tr. 715. "Foresaidis" occurs in old Scotch 
 records. "The Loirdis assesouris forsaidis." 
 1 Pitc. Crim. Tr. pt. 1, p. 107. 
 
 FORESCHOKE. Forsaken; Cowell. 
 
 FORESHORE. That part of the land ad- 
 jacent to the sea which is alternately cov- 
 ered and left dry by the ordinary flow of 
 the tides, i. e., by the medium line between 
 the greatest and least range of tide, — spring 
 tides and neap tides. In the later English 
 decisions it appears to denote the shore and 
 bed of the sea, and of every channel, creek, 
 , bay, estuary, and of every navigable river 
 of the United Kingdom, as far up the 
 same as the tide flows. Gould, Water, § 27. 
 In England it forms part of the adjoining 
 county and is ordinarily and prima facie 
 Vested in the crown, subject to the rights of 
 the queen's subjects of Ashing and naviga- 
 tion, not only in the sea, but in all tidal 
 navigable rivers, and of passing over the 
 foreshore itself; but it may belong to a 
 subject, either by itself, or as part of a 
 manor. 10 Price, 350, 378; 46 L. J. Ch. 654. 
 Chitty, Prerog. 207. 
 
 FOREST. A certain territory of wooded 
 ground and fruitful pastures, privileged for 
 wild beasts and fowls of forest, chase, and 
 warren, to rest and abide in the safe protec- 
 tion of the prince for his princely delight 
 and pleasure, having a peculiar court and 
 officers. Manw. For. Laws, c. 1, No. 1; 
 Termes de la Ley; 1 Bl. Comm. 289. 
 
 A royal hunting ground which lost its 
 peculiar character with the extinction of its 
 courts, or when a franchise passed into the 
 hands of a subject. Spelman; Cowell; 
 Manw. For. Laws, c. 1; 2 Bl. Comm. 83. 
 
 FOREST COURTS. In English law. 
 Courts instituted for the government of the 
 king's forests in different parts of the king- 
 dom, ^nd for the punishment of all injuries 
 done to the king's deer or venison, to the 
 vert or greensward, and to the covert in 
 which the deer were lodged. They com- 
 prised the courts of attachments, of regard, 
 of swein mote, and of justice seat; but 
 since the revolution of 1688, these courts, 
 it is said, have gone into absolute desue- 
 tude. 3 Steph. Comm. 439-441; 3 Bl. Comm. 
 71-74. But see 8 Q. B. 981. 
 
 FORESTAGIUM. A tribute payable to the 
 king's foresters. Cowell. 
 
 FORESTALL, To intercept or obstruct a 
 passenger on the king's highway. Cowell; 
 
 Blount. To beset the way of a tenant so 
 as to prevent his coming on the premises. 3 
 Bl. Comm. 170. To intercept a deer on his 
 way to the forest before he can regain it. 
 Cowell. 
 
 To commit the crime of forestalling the 
 market. 
 
 FORESTALLER. One who oommlts the 
 offense of forestalling. Used, also, to de- 
 note the crime itself, namely, the obstruc- 
 tion of the highway, or hindering a tenant 
 from coming to his land. 3 Bl. Comp. 170. 
 
 FORESTALLING. Obstructing the way; 
 intercepting a person on the highway. 
 
 FORESTALLING THE MARKET. Buy- 
 ing victuals on their way to the market be- 
 fore they reach it, with the intent to sell 
 again at a higher price. Cowell; Blount; 4 
 Bl. Comm. 158. Every device or practice, by 
 act, conspiracy, words, or news, to enhance 
 the price of victuals or other provisions. 3 
 Inst. 196; Bac. Abr.; 1 Russ. Crimes, 169; 4 
 Bl. Comm. 158; Hawk. P. C. bk. 1, c. 80, 
 § 1. See 13 Viner, Abr. 430; 1 East, 132; 
 14 East, 406; 15 East, 511; 3 Maule & S. 
 67; Dane, Abr. Index. 
 
 FORESTARIUS. A forester; an officer 
 who takes care of the woods and forests. 
 De forestario apponevdo, a writ which lay 
 to appoint a forester to prevent further 
 commission of waste when a tenant in 
 dower had committed waste. Bracton, 816; 
 Du Cange. 
 
 FORESTER. A sworn offiter of the for- 
 est, appointed by the king's letters patent 
 to walk the forest, watching both the vert 
 and the venison, attaching and presenting 
 all trespassers against them within their 
 own bailiwick or walk. These letters pat- 
 ent were generally granted during good 
 behavior; but sometimes they held the of- 
 fice in fee. Blount; Cowell. 
 
 FORETHOUGHT FELONY. In Scotch 
 law. Murder committed in consequence of 
 a previous design. Ersk. bk. 4, tit. 4, c. 50; 
 Bell, Diet. 
 
 FOR FANG. A taking beforehand; a tak- 
 ing provisions from any one in fairs or 
 markets before the king's purveyors are 
 served with necessaries for his majesty. 
 Blount; Cowell. 
 
 FORFEIT. To forfeit signifies the incur- 
 ring of a forfeiture or penalty and is an- 
 tagonistic to the idea of mere payment of 
 compensation for damages for breach of 
 contract. 172 111. App. 92. 
 
 To lose as the penalty of some misdeed 
 or negligence. The word includes not mere- 
 ly the idea of losing, but also of having the 
 property transferred to another without the 
 consent of the owner and wrongdoer. 
 
 This is the essential meaning of the word, 
 whether it be that an offender is to forfeit 
 a sum of money, or an estate is to be for- 
 feited to a former owner for a breach of 
 
FORFEITURE 
 
 424 
 
 FORGERY 
 
 condition, or to tlie king for some crime. 
 Cowell says that forfeiture is general and 
 confiscation a particular forfeiture to the 
 king's exchequer. The modern distinction, 
 however, seems to refer rather to a differ- 
 ence between forfeiture as relating to acts 
 of the owner, and confiscation as relating to 
 acts of the government. 1 Story (U. S.) 
 134; 13 Pet. (U. S.) 157; 11 Johns. (N. 
 Y.) 293. Confiscation is more generally 
 used of an appropriation of an enemy's 
 property; forfeiture, of the taking posses- 
 sion of property to which the owner, who 
 may be a citizen, has lost title through vio- 
 lation of law. See 1 Kent, Comm. 67; 1 
 Story (U. S.) 134. 
 
 FORFEITURE. A punishment annexed by 
 law to some illegal act or negligence in the 
 owner of lands, tenements, or heredita- 
 ments, whereby he loses all his interest 
 therein, and they become vested in the party 
 injured as a recompense for the wrong 
 which he alone, or the public together with 
 himself, hath sustained. 2 Bl. Comm. 267. 
 A sum of money to be paid by way of pen- 
 alty for a crime. 21 Ala. (N. S.) 672; 10 
 Grat. (Va.) 700. See "Confiscate." 
 
 Forfeiture by alienation. By the English 
 law, estates less than a fee may be for- 
 feited to the party entitled to the residuary 
 interest by a breach of duty in the owner 
 of the particular estate. 2 Bl. Comm. 274. 
 
 In this country, such forfeitures are al- 
 most unknown, and the more just principle 
 prevails that the conveyance by the tenant 
 operates only on the interest which he pos- 
 sessed, and does not affect the remainder- 
 man or reversioner. 4 Kent, Comm. 81, 82, 
 424; 3 Dall. (Pa.) 486; 5 Ohio, 30; 1 Pick. 
 (Mass.) 318; 1 Rice (S. C.) 459; 2 Rawle 
 (Pa.) 168; 1 Wash. (Va.) 381; 11 Conn. 
 553; 22 N. H. 500; 21 Me. 372. See, also, 
 Stearns, Real Actions, 11; 4 Kent, Comm. 
 84; 2 Sharswood, Bl. Comm. 121, note; 
 Williams, Real Prop. 25; 5 Dane, Abr. 6-8; 
 
 1 Washb. Real Prop. 92, 197. 
 Forfeiture for crimes. Under the consti- 
 tution and laws of the United States (Const, 
 art. 3, § 3; Act April 30, 1790, § 24 [1 
 Story, U. S. Laws, 88]), forfeiture for 
 crimes is nearly abolished, and when it oc- 
 curs, the state recovers only the title which 
 the owner had. 4 Mason (U. S.) 174. See, 
 also, Dalr. Feud. Prop. c. 4, pp. 145-154; 
 Fost. Crim. Law, 95; 1 Washb. Real Prop. 
 92. 
 
 Forfeiture by nonperformance of condi- 
 tions. An estate may be forfeited by a 
 breach or nonperformance of a condition 
 annexed to the estate, either expressed in 
 the deed at its original creation, or implied 
 by law, from a principle of natural reason. 
 
 2 Bl. Comm. 281; Litt. § 361; 1 Prest. Est. 
 478; White & T. Lead. Cas. 794, 795; 5 
 Pick. (Mass.) 528; 2 N. H. 120; 5 Serg. & 
 R. (Pa.) 375; 32 Me. 394; 18 Conn. 535; 
 12 Serg. & R. (Pa.) 190. Such forfeiture 
 may be waived by acts of the person en- 
 titled to take advantage of the breach. 1 
 
 Conn. 79; 1 Johns. Cas. (N. Y.) 126; Walk. 
 Am. Law, 299; 1 Washb. Real Prop. 454 
 
 Forfeiture by waste. Waste is a cause of 
 forfeiture. 2 Bl. Comm. 283; 2 Inst. 299; 
 1 Washb. Real Prop. 118. 
 
 See, generally, 2 Bl. Comm. c. 18; 4 Bl. 
 Comm. 382; Bouv. Inst. Index; 2 Kent, 
 Comm. 318; 4 Kent, Comm. 422; 10 Viner, 
 Abr. 371, 394; 13 Viner, Abr. 436; Bac. 
 Abr. "Forfeiture;" Comyn, Dig.; Dane, 
 Abr.; 1 Brown, Civ. Law, 252; Considera- 
 tions on the Law of Forfeiture for High 
 Treason (London Ed. 1746; 1 Washb. 
 Real Prop. 91, 92, 118, 197. 
 
 FORFEITURE OF A BOND. A failure to 
 perform the condition on which the obligee 
 was to be excused from the penalty in the 
 bond. Courts of equity and of law in mod- 
 ern practice will relieve from the forfeiture 
 of a bond; and, upon proper cause shown, 
 criminal courts will, in general, relieve from 
 the forfeiture of a recognizance to appear. 
 See 3 Yates (Pa.) 93; 2 Wash. C. C. (U. 
 S.) 442; 2 Blackf. (Ind.) 104, 200; 1 111. 
 257. 
 
 FORFEITURE OF MARRIAGE. A pen- 
 alty incurred bjr a ward in chivalry when 
 he or she married contrary to the wishes 
 of his or her guardian in chivalry. 2 Bl. 
 Comm. 70. 
 
 FORFEITURES ABOLITION ACT. An- 
 other name for the English act of 1870, 
 abolishing forfeitures on conviction of fel- 
 ony. 
 
 FORGAVEL. A small rent reserved In 
 money; a quit rent. 
 
 FORGE. An establishment, or mechanical 
 contrivance, by which iron is made, or 
 manufactured from the ore. 1 Stock. Ch. 
 (N. J.) 296. 
 
 To forge means, properly speaking, no 
 more than to make or form, but in our law 
 it is always taken in an evil sense. 2 East's 
 P. C. 852, c. 19, § 1. 
 
 The French fauxer or fauser, however, 
 which is a term employed by Britton, al- 
 ways radically imported a false making, 
 and may have been the origin of the Eng- 
 lish word, instead of forger, to fashion. 
 
 To forge and to counterfeit are constantly 
 used both in ancient and modern law, as 
 synonymous terms. Britt. c. 4. The former, 
 however, is usually applied to writing or 
 written instruments, the latter to other 
 subjects of imitation, especially money. See 
 "Forgery," 
 
 — — In Criminal Law. To make or fab- 
 ricate a thing in imitation of another, with 
 a view to deceive and defraud; to make 
 falsely; to counterfeit. 
 
 FORGERY. The false making, with In- 
 tent to defraud, or any writing which, if 
 genuine, might apparently be of legal ef- 
 ficacy, or the foundation of a legal liabil- 
 ity. 2 Bish. New Crim. Law, S 533. 
 
FORHERDA 
 
 425 
 
 FORM 
 
 Bishop (2 New Crim. Law, § 533) has 
 collected seven definitions of forgery, and 
 justly remarks that the books abound in 
 definitions. Coke says the term is "taken 
 metaphorically from the smith, who beateth 
 upon his anvil, and forgeth what fashion 
 and shape he will." 3 Inst. 169. 
 
 The elements are (1) a false making (46 
 N. H. 266; 28 Minn. 52), but this may con- 
 sist of a material alteration (64 Wis. 482) 
 
 (2) of an instrument apparently capable of 
 defrauding (20 Iowa, 541, 118 Mass. 685) 
 
 (3) with intent to defraud (51 Vt. 105, 15 
 Mass. 526). 
 
 FORHERDA. In old records. A herdland 
 headland, or foreland. Cowell. 
 
 FORINSECUM MANERIUM. That part of 
 a manor which lies without the town, and is 
 not included within the liberties of it. 
 Par. Ant. 351. 
 
 FORINSECUM SERVITIUM (Lat.) The 
 payment of extraordinary aid. Kennett. 
 
 FORINSIC (Lat. forinsecus). Outward; 
 on the outside; without; foreign; belong- 
 ing to another manor. Silio forinsecus, the 
 outward ridge or furrow. Servitium forinse- 
 cum, the payment of aid, scutage, and other 
 extraordinary military services. Forinse- 
 cum manerium, the manor, or that part of 
 it which lies outside the bars or town, and 
 is not included within the liberties of it. 
 Cowell; Blount; Cunningham; Jacob, "For- 
 eign Service;" 1 Reeve, Hist. Eng. Law, 
 273, 
 
 FORIS. Abroad; out of doors; on the 
 outside of a place; without; extrinsic. 
 
 FORIS DISPUTATIONES. In civil law. 
 Arguments in court; disputations or argu- 
 ments before a court. 1 Kent, Comm. 530; 
 Vicat, "Disputatio." 
 
 FORISBANITUS, or FORBANNITUS. 
 
 Banished; outlawed. Spelman. 
 
 FORISFACERE (Lat.) To forfeit; to lose 
 
 on account of crime. It may be applied not 
 
 only to estates, but to a variety of other 
 
 things, in precisely the popular sense of 
 
 ■ the word "forfeit." Spelman; Du Cange. 
 
 To confiscate. Du Cange; Spelman. 
 
 To commit an offense; to do a wrong; to 
 do something beyond or outside of (foris) 
 what is right (extra rationem). Du Cange. 
 To do a thing against or without law. Co. 
 Litt. 59a. 
 
 To disclaim. Du Cange. 
 
 FORISFACTUM (Lat.) Forfeited. Bona 
 forisfacta, forfeited goods. 1 Bl. Comm. 
 299. A crime. Du Cange; Spelman. 
 
 FORISFACTURA (Lat.) A crime or of- 
 fense through which property is forfeited. 
 Leg. Edw. Conf. c. 32. 
 
 A fine or punishment in money. 
 
 Forfeiture; the loss of property or life in 
 consequence of crime. Spelman. 
 
 Forisfactura plena. A forfeiture of all a 
 man's property; things which were forfeit- 
 ed. Du Cange; Spelman. 
 
 FORISFACTUS (Lat.) A criminal. One 
 who has forfeited his life by commission of 
 a capital oflfense. Spelman; Leg. Rep. c. 
 77; Du Cange. Si quiespiam f oris f actus po- 
 poseerit regis misericordiam, etc., if any 
 criminal shall have asked pardon of the 
 king, etc. Leg. Edw. Conf. c. 18. 
 
 Forisfactus servus. A slave who has been 
 a freeman, but has forfeited his freedom 
 by crime. Leg. Athelstan, c. 3; Du Cange. 
 
 FORISFAMILIATED, or FORISFAMILI- 
 atus. In old English law. Portioned off. A 
 son was forisfamiliated when he had a por- 
 tion of his father's estate assigned to him 
 during his father's life, in lieu of his share 
 of the inheritance, when it was done at his 
 request, and he assented to the assignment. 
 The word etymologically denotes put out of 
 the family, emancipated. 
 
 One who is no longer an heir of the par- 
 ent. Du Cange; Spelman; Cowell. Similar 
 in some degree to the modern practice of 
 advancement. 
 
 FORISJUDICATIO (Lat.) In old English 
 law. Forejudger; a forejudgment; a judg- 
 ment of court whereby a man is put out of 
 possession of a thing. Co. Litt. 100b; Cun- 
 ningham. 
 
 FORISJUDICATUS (Lat.) Forejudged; 
 sent from court; banished; deprived of a 
 thing by judgment of court. Bracton, 250b; 
 Co. Litt. 100b; Du Cange. 
 
 FORISJURARE (Lat.) To forswear; to 
 abjure; to abandon. 
 
 Forisjurare parentilam. To remove one's 
 self from parental authority. The person 
 who did this lost his rights as heir. Du 
 Cange; Leg. Hen. I. c. 88. 
 
 Provinciam forisjurare. To forswear the 
 country. Spelman; Leg. Edw. Conf. c. 6. 
 
 FORJUDGE. See "Forejudge." 
 
 FORJURER (Law Fr.) In old English 
 law. To forswear; to abjure. Forjurer 
 royalme, to abjure the realm. Britt. cc. 1, 
 16. 
 
 FORLANDUM, Forlanda. Law Lat. In 
 old records. Land extending beyond, or ly- 
 before other land; or bordering or lying 
 outward; a foreland; an extra allowance 
 of land; an allowance in meeting and bound- 
 ing, otherwise called freebord. 2 Mon. Angl. 
 fol. 332. Blount; Cowell. 
 
 FORLER LAND. Land in the diocese of 
 Hereford, which had a peculiar custom at- 
 tached to it, but which has been long since 
 disused, although the name is retained. Butl. 
 Surv. 56. 
 
 FORM. In practice. The model of an in- 
 strument or legal proceeding, containing 
 the substance and the principal terms, to 
 be used in accordance with the laws. 
 
FORMA DAT ESSE 
 
 426 
 
 FORMER ADJUDICATION 
 
 The legal order or method of legal pro- 
 ceedings or construction of legal instra- 
 ments. 
 
 FORMA DAT ESSE. Form gives being. 
 Lord Henley, C, 2 Eden, 99. 
 
 FORMA LEGALIS FORMA ESSENTIAL- 
 is. Legal form is essential form. 10 Coke, 
 100, 9 C. B. 493; 2 Hopk. 319. 
 
 FORMA NON OBSERVATA, INFERTUR 
 adnullatio actus. When form is not observ- 
 ed, a nullity of the act is inferred. 12 
 Coke, 7. 
 
 FORMA PAUPERIS. See "In Forma Pau- 
 peris," 
 
 FORMALITIES. In England, robes worn 
 by the magistrates of a city or corporation, 
 etc., on solemn occasions. Enc. Lond. 
 
 FORMALITY. The conditions which must 
 be observed in making contracts, and the 
 words which the law gives to be used in or- 
 der to render them valid. It also signifies 
 the conditions which the law requires to 
 make regular proceedings. 
 
 FORM ATA. Canonical letters. 
 
 FORMATA BREVIA. Formed writs; writs 
 of form. See "Brevia Formata." 
 
 FORMED ACTION. An action for which 
 a form of words is provided, which must be 
 exactly followed. 10 Mod. 140. 
 
 FORMEDON. An ancient writ provided 
 by St. Westminster IL (13 Edw. I.) c. 1, 
 for him who hath right to lands or tene- 
 ments by virtue of a gift in tail. Stearns, 
 Real Actions, 322. 
 
 It is a writ in the nature of a writ of 
 right, and is the highest remedy which a 
 tenant in tail can have. Co. Litt. 316. 
 
 This writ lay for those interested in an 
 estate tail who were liable to be defeated 
 of their right by a discontinuance of the 
 estate tail, who were not entitled to a writ 
 of right absolute, since none but those wlio 
 claimed in fee simple were entitled to this. 
 Fitzh. Nat. Brev. 255. It is called "forme- 
 don" because the plaintiff in it claimed per. 
 foTTnan doni. 
 
 The writ was abolished in England by 
 St. 3 & 4 Wm. IV. c. 27. 
 
 Formedon in the Descender. A writ 
 
 of formedon which lies where a gift is made 
 in tail, and the tenant in tail aliens the 
 lands, or is disseised of them and dies, for 
 the heir in tail to recover them, against 
 the actual tenant of the freehold. Fitzh. 
 Nat. Brev. 211; Litt. § 595. 
 
 If the demandant claims the inheritance 
 as an estate tail which ought to come to him 
 by descent from some ancestor to whom it 
 vras first given, his remedy is by a writ of 
 formedon in the descender. Stearns, Real 
 Actions, 322, 
 
 It must have been brought within twenty 
 years from the death of the ancestor who 
 
 was disseised. 21 Jac. I. c. 16; 8 Brod. & 
 B. 217; 6 East, 83; 4 Term R. 800; 2 Shars- 
 wood, Bl. Comm. 193, note. 
 
 —Formedon In the Remainder. A writ 
 of formedon which lies where lands are 
 given to one for life or in tail, with re- 
 mainder to another in fee or in tall, and he 
 who hath the particular estate dies without 
 issue, and a stranger intrudes upon him in 
 remainder, and keeps him out of possession. 
 Fitzh. Nat. Brev. 211; Steams, Real Ac- 
 tions, 323; Litt. § 597; 3 Bl. Comm. 293. 
 
 Formedon in the Reverter. A writ of 
 
 formedon which lies where there is a gift 
 in tail, and afterwards, by death of the 
 donee or his heirs without issue of his body, 
 the reversion falls in upon the donor, his 
 heirs or assigns. 
 
 In this case, the demandant must suggest 
 the g^ft, his own right as derived from the 
 donor, and the failure of heirs of the donee. 
 3 Sharswood, Bl. Comm. 293; Stearns, Real 
 Actions, 323; Fitzh. Nat. Brev. 212; Litt, 
 § 597. 
 
 FORMER ADJUDICATION. A previous 
 determination of the matter in litigation by 
 a competent court between the same par- 
 ties. To constitute a former adjudication 
 which will bar subsequent litigation, it is 
 essential. 
 
 (1) That the judgment be final and upon 
 the merits. 115 111. 29; 103 Mass. 280; 78 
 Mich. 234; 74 N. Y. 449; 82 N. Y. 55; 94 U. 
 S. 851. Thus, a mere nonsuit (48 Me. 353) 
 or dismissal because the action is prema- 
 ture (35 N. Y, 279) is not a bar to a sub- 
 sequent action. 
 
 (2) The court must have had jurisdiction 
 of the parties and the subject matter (93 U. 
 S. 277; 132 111. 213), but it may be a for- 
 eign court (26 N. Y. 146). 
 
 (3) The same issues must have been in- 
 volved (25 N. Y. 613), but the issues in- 
 clude every point which is either expressly 
 in issue, or which Must have been decided 
 to support the judgment (24 Wis. 124. See 
 2 Smith's Lead. Cas. 63, and note); and 
 the adjudication is conclusive not only as 
 to what was actually litigated, but as to all 
 that might have been litigated under the 
 pleadings and issues made (70 111. 385; 102 
 N. Y. 452). 
 
 (4) As respects adjudications in per- 
 sonam, the adjudication must have been be- 
 tween the same parties or their privies (24 
 How. [U. S.] 241), and in the same capacity 
 (58 N. Y. 463), but their position as plain- 
 tiff and defendant need not be the same if 
 they be adversary parties (86 N, Y. 390; 
 61 Iowa, 290). 
 
 Privies of a party are bound to the same 
 extent as the party himself. See "Privy. 
 69 111. 457; 68 Iowa 145. 
 
 Lessor and lessee (46 Mo. 444) , bailor and 
 bailee (12 N. Y. 343), assignor and assignee 
 (17 Mass. 365), mortgagor and mortgagee 
 (105 N. Y. 39), ancestor and heir (61 Ala. 
 472), are ordinarily privies, but husband 
 
FORMER RECOVERY 
 
 427 
 
 FORTHCOMING 
 
 and wife (110 N. Y. 394), or guardian and 
 ward (27 Pa. St, 226) , are not. 
 
 A judgment in rem is conclusive as to the 
 property in question and the title thereto 
 without issues or parties. 23 Wall. (U. S.) 
 463. 
 
 FORMER RECOVERY. A recovery In a 
 former action. See "Former Adjudication." 
 
 FORMIDO PERICULI (Lat.) Pear of dan- 
 ger. 1 Kent, Comm. 23; Huber de Jur. Civ. 
 lib. 3, c. 7, § 4. 
 
 FORMS OF ACTION. The various classes 
 of personal actions at common law, as as- 
 sumpsit, trespass, case, detinue, trover, etc. 
 (q. V.) The forms of action are now abol- 
 ished in England by the judicature acts of 
 1873 and 1875, and in most of the United 
 States. 
 
 FORMULA. In eommon-law practice, a 
 set form of words used in judicial proceed- 
 ings. 
 
 In Civil Law. An action. Calv. Lex. 
 
 FORMULAE. In Roman law. When the 
 legis actiones were proved to be inconve- 
 nient, a mode of procedure called "per formu- 
 las" (i. e., by means of formulae) was grad- 
 ually introduced, and eventually the legis 
 actvmes were abolished by the Lex Aebutia, 
 B. C. 164, excepting in a very few excep- 
 tional matters. The formulae were four in 
 number, namely: (1) The Demonstratio, 
 wherein the plaintiff stated, i. e., showed, 
 the facts out of which his claim arose; (2) 
 the Intentio, where he made his claim 
 against the defendant; (3) the Adjudicatio, 
 wherein the judex was directed to assign or 
 adjudicate the property, or any portion or 
 portions thereof, according to the rights 
 of the parties; and (4) the Conderrmatio, 
 in which the judex was authorized and di- 
 rected to condemn or to acquit according as 
 the facts were or were not proved. These 
 formulae were obtained from the magistrate 
 {in jure), and were thereafter proceeded 
 with before the judex (in fudicio) . Brown. 
 
 FORMULARIES. A collection of the 
 forms of proceedings among the Franks and 
 other early European nations. Co. Litt. 
 Butler's note 77. 
 
 FORIMAGIUM. The fee taken by a lord of 
 his tenant, who was bound to bake in the 
 lord's common oven (in fumo domini), or 
 for a commission to use his own. 
 
 FORNICATION. In criminal law. Unlaw- 
 ful carnal knowledge by an unmarried per- 
 son of another, whether the latter be mar- 
 ried or unmarried. 
 
 Fornication is distinguished from "adul- 
 tery" by the fact that the guilty person is 
 not married. Four cases of unlawful inter- 
 course may arise: Where both parties are 
 married; where the man only is married; 
 where the woman only is married; where 
 neither is married. In the first case, such 
 
 intercourse must be adultery; in the second 
 case the crime is fornication only on the 
 part of the woman, but adultery on the part 
 of the man; in the third case it is adultery 
 in the woman, and fornication (by statute, 
 in some states, adultery) in the man; in the 
 last case it is fornication only in both par- 
 ties. 
 
 In some states it is indictable by statute. 
 6 Vt. 311; 2 Tayl. (N. C.) 165; 2 Grat. 
 (Va.) 555. 
 
 FOR NO. In Spanish law. An oven. Las 
 Partidas, pt. 3, tit. 32, lib. 18. 
 
 FORO. In Spanish law. The place where 
 tribunals hear and determine causes, — exer- 
 eendarum, litium locus. This word, accord- 
 ing to Varro, is derived from ferendo, and 
 is so called because all lawsuits have refer- 
 ence to things that are vendible, which pre- 
 supposes the administration of justice to 
 take place in the markets- 
 
 FOROS. In Spanish law. Emphyteutic 
 rents. Schmidt, Civ. Law, 309. 
 
 FORPRiSE. An exception; reservation; 
 excepted; reserved. Anciently, a term of 
 frequent use in leases and conveyances. 
 Cowell; Blount. 
 
 In another sense, the word is taken for 
 any exaction. Cunningham. 
 
 FORSPEAKER. An attorney or advo- 
 cate; one who speaks for another. Blount. 
 
 FORSTAL. An intercepting or stopping 
 in the highway. See "Forestall." 
 
 FORSTELLARIUS EST PAUPERUM DE- 
 pressor, et totlus communitatis et patriae 
 publicus inimicus. A forestaller is an op- 
 pressor of the poor, and a public enemy to 
 the whole community and the country. 3 
 Inst. 196. 
 
 FORSWEAR. In criminal law. To swear 
 to a falsehood. 
 
 This word has not the same meaning as 
 "perjury." It does not, ex vi termini, sig- 
 nify a false swearing before an officer or 
 court having authority to administer an 
 oath, on an issue. A man may be for- 
 sworn by making a false oath before an in- 
 competent tribunal, as well as before a law- 
 ful court. Hence, to say that a man is 
 forsworn will or will not be slander, as the 
 circumstances show that the oath was or 
 was not taken before a lawful authority. 
 Heard, Libel & S. §§ 16, 34; Cro. Car. 878; 
 Lutw. 292; 1 RoUe, Abr. 39, pi. 7; Bac. Abr. 
 "Slander" (B 3) ; Cro. Eliz. 609; 1 Johns. 
 (N. Y.) 506; 2 Johns. (N. Y.) 10; 18 
 Johns. (N. Y.) 48, 80; 12 Mass. 496; 1 
 Hayw. (N. 0.) 116. 
 
 FORTHCOMING. In Scotch law. The ac- 
 tion by which an arrestment (attadiment) 
 of goods is made available to the creditor 
 or holder. 
 
 The arrestee and common debtor are 
 called up before the judge, to hear sentence 
 
rORTHCOMING BOND 
 
 428 
 
 FORTUNAM FACIUNT JUDICEM 
 
 given ordering the debt to be paid or the 
 arrested goods to be given up to the cred- 
 itor arresting. Bell, Diet. 
 
 FORTHCOMING BOND. A bond given for 
 the security of the sheriff, conditioned, to 
 produce the property levied on when re- 
 quired. 2 Wash. (Va.) 189; 11 Grat. (Va.) 
 522. 
 
 FORTHWITH. As soon as, by reasonable 
 exertion, confined to the object, it may be 
 accomplished. This is the import of the 
 term. Style, Pr. Reg. 452, 453. 
 
 The words "forthwith" and "immediate- 
 ly" have the same meaning. They are 
 stronger than the expression "within a 
 reasonable time," and imply prompt, vigor- 
 ous action, without any delay, and whether 
 there has been such action is a question of 
 fact, having regard to the circumstances of 
 the particular case. 4 Q. B. Div. 471; 4 
 Tyrwh. 837. 
 
 Where a judge has to do a thing "forth- 
 with" after the happening of something 
 else, the word will have a different mean- 
 ing according as the act to be done is: 
 (1) Ministerial and demandable ex debito 
 justitiea; or (2) judicial. If the act comes 
 within the first of these classes the word 
 will mean, "forthwith upon the application 
 of the party entitled to have the act done." 
 28 L. J. M. C. 196. 
 
 Where, however, the act to be done is 
 judicial and discretionary, "forthwith" is 
 synonymous with "immediately." 12 L. J. 
 Q. B. 273; 23 L. J. Ex. 200; 29 L. J. Q. B. 
 191. 
 
 In a contract, and the ordinary transac- 
 tions of life, "forthwith" does not usually 
 niean "immediately," 34 L. J. C. P. 241; 
 but means "with all reasonable celerity." 
 7 M. & G. 494. 
 
 In a rule of court it has been construed 
 to mean twenty-four hours. 2 Edw. Oh. (N. 
 Y.) 328. But no such construction has been 
 given to the term when used in a statute. 
 "Without delay" is a reasonable meaning in 
 a statute. 39 How. Prac. (N. Y.) 392, af- 
 firming 11 Abb. Prac. (N. Y.) 473; 20 How. 
 Prac. (N. Y.) 222. 
 
 FORTIA (Lat.) A word of art, signifying 
 the furnishing a weapon of force to do the 
 act, and by force whereof the act was com- 
 mitted, and he that furnished it was not 
 present when the act was done. 2 Inst. 182. 
 
 The general meaning of the word is an 
 unlawful force. Spelman; Du Cange. 
 
 FORTIA FRISCA. Fresh force (q. v.) 
 
 FORTILITY. A fortified place; a castle; 
 a bulwark. Cowell. 
 
 FORTIOR (Lat.) Stronger. A term ap- 
 plied, in the law of evidence, to that species 
 of presumption, arising from facts shown 
 in evidence, which is strong enough to shift 
 the burden of proof to the opposite party. 
 Burrill, Circ. Ev. 64, 66. 
 
 FORTIOR EST CUSTODIA LEGIS QUAM 
 
 horn in Is. The custody of the law Is strong- 
 er than that of man. 2 RoUe, 325. 
 
 FORTIOR ET POTENTIOR EST DISPO- 
 sitio legis quam hominis. The disposition of 
 the law is stronger and more powerful than 
 that of man. Co. Litt. 234; Broom, Leg. 
 Max. (3d London Ed.) 622; 10 Q. B. 944; 
 18 Q. B. 87; 10 C. B. 561; 3 H. L. Cas. 
 507; 13 Mees. & W. 285, 306; 8 Johns. (N. 
 Y.) 401. 
 
 FORTIORI. See "A Fortiori." 
 
 FORT IS. Strong. Fortis et sana, strong 
 and sound; staunch and strong; as a ves- 
 sel. Towns. PI. 227. 
 
 FORTLETT. A place or port of some 
 strength; a little fort. Old Nat. Brev. 45. 
 
 FORTUIT. Accidental. 
 
 FORTUITOUS COLLISION. An accident- 
 al collision. 
 
 FORTUITOUS EVENT. In civil law. That 
 which happens by a cause which cannot be 
 resisted. Code La. art. 2522, No. 7. 
 
 That which neither of the parties has oc- 
 casioned or could prevent. Lois des Bat. pt. 
 2, c. 2. An unforeseen event which cannot 
 be prevented. Diet, de Jur. "Cas Fortuit." 
 
 There is a difference between a fortuitous 
 event, or inevitable accident, and irresistible 
 force. By the former, commonly called the 
 "act of God," is meant any accident pro- 
 duced by physical causes which are irresisti- 
 ble; such as a loss by lightning or storms, 
 by the perils of the seas, by inundations and 
 earthquakes, or by sudden death or illness. 
 By the latter is meant such an interposition 
 of human agency as is, from its nature and 
 power, absolutely uncontrollable. Of this 
 nature are losses occasioned by the inroads 
 of a hostile army, or by public enemies. 
 Story, Bailm. § 25; Lois des Bat. pt. 2, 
 c. 2, § 1. 
 
 Fortuitous events are fortunate or unfor- 
 tunate. The accident of finding a treasure 
 is a fortuitous event of the first class. Lois 
 des Bat. pt. 2, c. 2, § 2. 
 
 Involuntary obligations may arise in con- 
 sequence of fortuitous events. For example, 
 when, to save a vessel from shipwreck, it is 
 necessary to throw goods overboard, the loss, 
 must be borne in common. There arises, in 
 this case, between the owners of the vessel 
 and of the goods remaining on board, an ob- 
 ligation to bear proportionably the loss 
 which has been sustained. Lois des Bat. 
 pt. 2, c. 2, § 2. 
 
 See, in general. Dig. 50. 17. 23; Id. 16. 3. 
 1; Id. 19. 2. 11; Id. 44. 7. 1; Id. 18. 6. 10; 
 Id. 13. 6. 18; Id. 26. 7. 50. 
 
 FORTUNAM FACIUNT JUDICEM. They 
 make fortune the judge. Co. Litt. 167. Spo- 
 ken of the process of making partition 
 among coparceners by drawing lots for the 
 several purparts. 
 
FORUM 
 
 429 
 
 FORUM 
 
 FORUM. 
 
 At Common Law. A place; a place 
 of jurisdiction ; the place where a remedy is 
 sought; jurisdiction; a court of justice. 
 
 Forum conscientiae. The conscience. 
 
 Forum contentiosum. A court. 3 Bl. 
 Comm. 211. 
 
 Forum contractus. The courts of the 
 place of making a contract. 2 Kent, Comm. 
 463. 
 
 Forum domesticum. A domestic court. 1 
 W. Bl. 82. 
 
 Forum domicilii. The court of the place 
 of domicile. 2 Kent, Comm. 463. 
 
 Forum, ecclesiasticum. An ecclesiastical 
 court. 
 
 Forum rei gestae. The court of the place 
 of transaction. 2 Kent, Comm. 463. 
 
 Forum, rei sitae. The court of the place 
 where the thing is situated. 
 
 Forum seculare. A secular court. 
 
 Forum, ligeantiae rei. The court or jur- 
 isdiction of the county to which defendant 
 owes allegiance. 
 
 Forum regium. The king's court. St. 
 Westminster II. c. 43. 
 
 Forum rei, or rei sitae (Law Lat.) The 
 forum or court of the thing (res rei) ; 
 the court of the place where a thing claimed 
 is; the tribunal where the property is. 
 Story, Confl. Laws, § 325k. The place where 
 a thing in controversy is situated, consid- 
 ered as a place of jurisdiction and remedy. 
 2 Kent, Comm. 463. 
 
 In Roman LavA The paved open 
 
 space in cities, particularly in Rome, where 
 were held the soiemn business assemblies 
 of the people, the markets, the exchange 
 (whence cedere foro, to retire from 'change, 
 equivalent to "to become bankrupt"), and 
 where the magistrates sat to transact the 
 business of their office. It came afterwards 
 to mean any place where causes were tried, 
 locus exercendarum litium. Isidor. lib. 18, 
 Grig. A court of justice. 
 
 The obligation and the right of a person 
 to have his case decided by a particular 
 court. 
 
 It is often synonymous with that signifi- 
 cation of judicium, which corresponds to our 
 word "court" (q. v.) in the sense of juris- 
 diction; e. g., foro interdicere (1. 1, § 13, 
 D. 1. 12; C. 9, § 4; D. 48. 19) ; fori praescrip- 
 tio (1. 7, pr. D. 2, 8; L 1, C. 3, 24) ; forum 
 rei accusator sequitur (1. 5, pr. C. 3, 13) . In 
 this sense, the forum of a person means 
 both the obligation and the right of that 
 person to have his cause decided by a par- 
 ticular court. 5 Gluck, Pand. 237. What 
 court should have cognizance of the cause 
 depends, in general, upon the person of the 
 defendant, or upon the person of some one 
 connected with the defendant. 
 
 By modern writers upon the Roman law, 
 jurisdiction dependent on the person of the 
 defendant is distinguished as (1) that of 
 common right, forum commune, and (2) 
 that of special privilege, forum privilegia- 
 tum. ' 
 
 (1) Forum commune. The jurisdiction of 
 common right was either general, forum 
 generale, or special, forum speeiale. 
 
 (a) Forum generale. General jurisdiction 
 was of two kinds, the forum originis, which 
 was that of the birthplace of the party, and 
 the forum domicilii, that of his domicile. 
 The forum originis was either commune or 
 proprium. The former was that legal status 
 which all free-born subjects of the empire, 
 wherever residing, had at Rome when they 
 were found there, and had not the jus re- 
 vocandi domum (i. e., the right of one ab- 
 sent from his domicile of transferring to the 
 forum domicilii a suit instituted against 
 him in the place of his temporary sojourn). 
 L. 2, §§ 3, 4, 5, D. 5, 1; 1. 28, § 4, D. 4, 6; 
 3 Gluck, Pand. 188. The forum originis pro- 
 prium, or forum originis speeiale, was the 
 court of that place of which at the time of 
 the party's birth his father was a citizen, 
 though that might possibly be neither his 
 own birthplace, nor the actual domicile of 
 his father. 
 
 Forum domicilii. The place of the domi- 
 cile exercised the greatest influence over the 
 rights of the party. As to what constitutes 
 domicile, see "Domicile." In general, one 
 was subject to the laws and courts of his 
 domicile alone, unless specially privileged. 
 L. 29, D. 50, 1. 
 
 (b) Forum speeiale. Particular jurisdic- 
 tion. These were very numerous. The more 
 important are: Forum contirventiae causa- 
 rum. Sometimes two or more actions or dis- 
 puted questions are so connected that they 
 cannot advantageously be tried separately, 
 although in strictness they belong to differ- 
 ent jurisdictions. In such cases the modern 
 civil law permits them to be determined in 
 a single court, although such court would be 
 incompetent in regard to a portion of them 
 taken singly. Forum contractus, the court 
 having cognizance of the action on a con- 
 tract. 
 
 Forum delicti, forum deprehensionis. The 
 jurisdiction of the person of a criminal, and 
 may be the court of the place where the of- 
 fense was committed, or that of the place 
 where the criminal was arrested. 
 
 Forum arresti. A jurisdiction unknown to 
 the Roman law, but of frequent occurrence 
 in the modem civil law. It is that over 
 persons or things detained by a judicial or- 
 der, and corresponds in some degree to the 
 "attachment" of our practice. 
 
 Forum gestae administrationis. The jur- 
 isdiction over the accounts and administra- 
 tion of guardians, agents, and all persons 
 appointed to manage the affairs of third 
 parties. The court which appointed such 
 administrator- or wherein the cause was 
 pending in which such appointment was 
 made, or within whose territorial limits 
 the business of the administration was 
 transacted, had exclusive jurisdiction over 
 all suits arising out of his acts, or brought 
 for the purpose of compelling him to ac- 
 count, or brought by him to recover compen- 
 
FORUM 
 
 430 
 
 POSTERLAND 
 
 sation for his outlays. L. 1, C. 3, 21; 6 
 Gluck, Pand. § 521. 
 
 (2) Forum privilegiatum. Privileged 
 jurisdictions. In general, the privileged jur- 
 isdiction of a person held the same rank as 
 the forum domicilii, and, like that, did not 
 supplant the particular jurisdictions above 
 named save in certain exceptional cases. The 
 privilege was general in its nature, and ap- 
 plied to all cases not specially excepted, but 
 it only arose when the person possessing it 
 was sued by another; for he could not as- 
 sert it when he was the ■ plaintiff , the rule 
 being, actor sequitur forum rei, the plaintiff 
 must resort to the jurisdiction of the de- 
 fendant. It was in general limited to per- 
 sonal actions; all real actions brought 
 against the defendant in the character of 
 possessor of the thing in dispute followed 
 the forum speciale. The privilege embraced 
 the wife of the privileged person and his 
 children so long as they were under his 
 potestas. And, lastly, when a forum privi- 
 legiatum, purely personal conflicted with the 
 forum speciale, the former must yield. 6 
 Gluck, Pand. 339-341. 
 
 Privileged persons were: 
 
 (a) Personae miserabiles, who were per- 
 sons under the special protection of the law 
 on account of some incapacity of age, sex, 
 mind, or condition. These were entitled, 
 whether as plaintiffs or defendants, to carry 
 their causes directly before the emperor, 
 and, passing over the inferior courts, to de- 
 mand a hearing before his supreme tribu- 
 nal, whenever they had valid grounds for 
 doubting the impartiality or fearing the 
 procrastination of the inferior courts, or for 
 dreading the influence of a powerful adver- 
 sary. 6 Gluck, Pand. § 622. 
 
 (b) Clerici, the clergy. The privilege of 
 clerical persons to be impleaded only in the 
 episcopal courts commenced under the Chris- 
 tian emperors. 
 
 (c) Academici. In the modern civil law, 
 the officers and students of the universities 
 are privileged to be sued before the univer- 
 sity courts. This species of privilege was 
 unknown to the Roman law. See 6 Gluck, 
 Pand. § 524. 
 
 (d) Milites. Soldiers had special mili- 
 tary courts as well in civil as criminal 
 cases. 
 
 There are many classes of persons who 
 are privileged in respect to jurisdiction un- 
 der the modern civil law who were not so 
 privileged by the Roman law. Such are ofH- 
 cers of the court of the sovereign, in- 
 cluding ministers of state and councillors, 
 ambassadors, noblemen, etc. These do not 
 require extended notice. 
 
 Jwrisdietion ex persona alterius, A per- 
 son might be entitled to be sued in a par- 
 ticular court on grounds depending upon the 
 person of another. Such were (1) the wife, 
 who, if the marriage had been legally con- 
 tracted, acquired the forwm of her husband 
 (I. 65, D. 5, 1; 1. ult. D. 50, 1; 1. 19, D. 2, 1), 
 and retained it until her second marriage 
 (1. 22. I 1, D. 50, 1) , or change of domicile. 
 
 Section 93, Voet. Com. ad Pand. D. 5, 1. 
 
 (2) Servants, who possessed the jurisdic- 
 tion of their master as regarded the forum 
 domicilii, and also the forum privi- 
 legiatum, so far at least as the privi- 
 lege was that of the class to which such 
 master belonged, and was not purely per- 
 sonal. Gluck, Pand. § 510b. (3) The 
 haeres, who in many cases retained the 
 jurisdiction of his testator. When sued in 
 the character of heir in respect to causes of 
 action upon which suit had been commenced 
 before the testator's death, he must submit 
 to the forum, which had acquired cognizance 
 of the suit. LI. 30, 34, D. 5, 1. 
 
 FORWARDING MERCHANT. A person 
 who receives and forwards goods, taking 
 upon himself the expenses of transportation, 
 for which he receives a compensation from 
 the owners, but who has no concern in the 
 vessels or wagons by which they are trans- 
 ported, and no interest in the freight. 
 
 Such a one is not deemed a common car- 
 rier, but a mere warehouseman or agent. 
 12 Johns. (N. Y.) 232; 7 Cow. (N. Y.) 
 497. He is required to use only ordinary 
 diligence in sending the property by re- 
 sponsible persons. 2 Cow. (N. Y.) 693. 
 See Storyi Bailm. 
 
 FOSSA (Lat.) In English law. A ditch 
 full of water, where formerly women who 
 had committed a felony were drowned; the 
 grave. Cowell. 
 
 FOSSAGIUM. The duty levied on the in- 
 habitants for repairing the moat or ditch 
 around a fortified town. 
 
 FOSSATORIUM OPERATIO (Lat.) The 
 service or laboring done by the inhabitants 
 and adjoining tenants, for repair and main- 
 tenance of the ditches round a city or town. 
 A contribution in lieu of such work, called 
 fossagium, was sometimes paid. Kennett; 
 Cowell. 
 
 FOSSATUM (Law Lat. from fossa, q. v.) 
 In old English law. A dyke; a bank of 
 earth thrown up out of a ditch. Glanv. 
 lib. 13, c. 34; Bracton, fol. 115; Fleta, lib. 
 1, c. 24, i 8; St. Westminster II. c. 46. 
 
 A ditch or trench. The same with fossa. 
 Spelman; Rig. Orig. 92b, 198b, 199. 
 
 A moat or fosse around an encampment or 
 fortified place. Spelman. 
 
 A canal or cut from a river. Cowell; Cart. 
 20 Hen. III. 
 
 A place fenced with a ditch. Cowell. 
 
 FOSSE WAY, or FOSSE. One of the 
 four ancient Roman ways through England. 
 Spelman, voc. "Ikenild Street." 
 
 FOSSELLUM. A small ditch. Cowell. 
 
 FOSTERLAND. Land given, assigned, or 
 allotted to the finding of food or victuals for 
 any person or persons; as in monasteries 
 for the monks, etc. Cowell; Blount. 
 
FOSTERLEAN 
 
 431 
 
 FRANCHISE 
 
 FOSTERLEAN. The remuneration fixed 
 for the rearing of a foster child; also the 
 jointure of a wife. Jacob. 
 
 FOUNDATION. The establishment of a 
 charity; that upon which a charity is found- 
 ed^and by which it is supported. 
 
 This word, in the English law, is taken in 
 two senses, — fundatio ineipiens, and funda- 
 iAo perficiens. As to its political capacity, 
 an act of Incorporation is metaphorically 
 called its foundation; but as to its dotation, 
 the first gift of revenues is called the foun- 
 dation. 10 Coke, 23a. 
 
 FOUNDER. One who endows an Institu- 
 tion; one who makes a gift of revenues to a 
 corporation. 10 Coke, 33; 1 Sharswood, Bl. 
 Comm. 481. 
 
 In England, the king is said to be the 
 founder of all civil corporations; and where 
 there is an act of incorporation, he is called 
 the "general founder," and he who endows 
 is called the "perficient founder." 1 Shars- 
 wood, Bl. Comm. 481. 
 
 FOUNDEROSUS. Out of repair. Cro. Car. 
 866. 
 
 FOUNDLING. A new-born child abandon- 
 ed by its parents, who are unknown. The 
 settlement of such a child is in the place 
 where found. 
 
 FOUR CORNERS. A metaphorical ex- 
 pression indicating the whole face or con- 
 tents of an instrument, taken as an entirety. 
 
 FOUR SEAS. The seas surrounding Eng- 
 land. These were divided into the western, 
 including the Scotch and Irish; the north- 
 ern, or North Sea; the eastern, being the 
 German Ocean; the southern, being the Brit- 
 ish Channel. Selden, Mare Clausum, lib. 2, 
 c. 1. 
 
 "Within the four seas" means within the 
 Jurisdiction of England. 4 Coke, 125; 2 
 Inst. 253. See "Beyond Sea." 
 
 FOURCHER (Fr. to fork). In English 
 law. A method of delaying an action for- 
 merly practised by defendants. 
 
 When an action was brought against two, 
 who, being jointly concerned, were not 
 bound to answer till both appeared, and they 
 agreed not to appear both in one day, the 
 appearance of one excused the other's de- 
 fault, who had a day given him to appear 
 with the other. The defaulter, on the day 
 appointed, appeared; but the first then made 
 default. In this manner they forked each 
 other, and practised this for delay. See 2 
 Inst. 250; Booth, Real Actions, 16. 
 
 FOU ROWING. The act of delaying legal 
 proceedings. Termes de la Ley. 
 
 FOWL. The word comprehends all birds 
 and poultry. 11 East, 577. 
 
 FOWLS OF WARREN. Such fowls are of 
 two sorts, Terrestres and Aquatiles. Terres- 
 tres of two sorts, Silvestres, and Cam- 
 
 pestres; Campestres, as partridge, quelle, 
 raile, etc.; Silvestres, as pheasant, wood- 
 cocke, etc.; Aquatiles, as mallard, heme, 
 etc. ; and are preserved under the game laws 
 in warrens. Co. Litt. 283. 
 
 FOX'S ACT. St. 52 Geo. III. c. 60, which 
 secured to juries, upon the trial of indict- 
 ments or informations for libel, the right 
 of pronouncing a general verdict of guilty 
 or not guilty upon the whole matter in issue, 
 and no longer bound them to find a verdict 
 of guilty on proof of the publication of the 
 paper charged to be a libel, and of the sense 
 ascribed to it in the indictment. 
 
 FOY (Law Ft.) Faith; fidelity. Brltt. 
 29; Oath. Britt. 70. 
 
 FRACTIO (Lat. from frangere, to break). 
 A breaking; a breach. Fractio fedei, a 
 breach of promise or of trust. 1 Rep. Ch. 
 Append. 8. 
 
 FRACTION OF A DAY. A portion of a 
 day; the dividing a day. Generally, the law 
 does not allow the fraction of a day. 2 
 Sharswood, Bl. Comm. 141. 
 
 The day may be divided, however, to show 
 which of two acts was actually done first. 
 3 Burrows, 1434; 4 Kent, Comm. 95, note; 
 11 H. L. Cas. 411. 
 
 FRACTIONEM DIEI NON RECIPET 
 lex. The law does not regard a fraction of 
 a day. Lofft, 572. But see "Day." 
 
 FRACTITIUM. Arable land. Mon Angl. 
 
 FRACTURA NAVIUM. Wreck of ship- 
 ping at sea. 
 
 FRAIS DE JUSTICE. Costs incurred In- 
 cidentally to the action. See 1 Tropl. Dr. 
 Civ. 122, 135, note; 4 Low. (U. S.) 77. 
 
 FRANC. A French coin, of the value of 
 about eighteen cents. 
 
 FRANC ALEU. In French law. An ab- 
 solutely free inheritance; allodial lands. 
 Generally, however, the word denotes an 
 inheritance free from seignorial rights, 
 though held subject to the sovereign. Du- 
 moulin, "Cout. de Par." § 1; Guyot, Rep. 
 Univ.; 3 Kent, Comm. 498, note: 8 Low. 
 (U. S.) 95. 
 
 FRANCHILANUS. A freeman. Blount. 
 
 FRANCHISE. A special privilege con- 
 ferred by government on individuals, and 
 which does not belong to the citizens of the 
 country generally by common right. Ansell 
 & A. Corp. § 4. 
 
 A particular privilege conferred by grant 
 from government, and vested in individuals. 
 3 Kent, Comm. 458. 
 
 A branch of the king's prerogative sub- 
 sisting in the hands of a subject. Finch, 
 Law, lib. 2, c. 14; 2 Sharswood, Bl. Comm. 
 37. 
 
 In a popular sense, the word seems to be 
 synonymous with "right" or "privilege"; as, 
 
FRANCIGENA 
 
 432 
 
 FRANKALMOIGNE 
 
 the elective franchise. And it is commonly 
 applied to those powers exercised by virtue 
 of a grant of privilege. 
 
 "To be a corporation is a franchise. The 
 various powers conferred on corporations 
 are franchises. The execution of a policy of 
 insurance by an insurance company, and the 
 issuance of a bank note by an incorporated 
 bank, are franchises." 15 Johns. (N. Y.) 
 387. 
 
 "The term [franchise] must be always 
 considered in connection with the corpora- 
 tion or property to which it is supposed to 
 appertain." 93 U. S. 223. 
 
 FRANCIGENA. A designation formerly 
 given to aliens in England. 
 
 FRANCUS. Free; a freeman; a Pranfc. 
 Spelman. 
 
 Francus Bancus. Free bench (q. v.) 
 
 Francus Homo. A free man. 
 
 Francus Plegius. In old English law. 
 
 A frank pledge, or free pledge. Spelman. 
 
 Francus Tenens. In old English law. 
 
 A frank or free tenant; a freeholder. 
 
 FRANK. In old English law. Free. 
 
 FRANK BANK. In old English law. Free 
 bench. Litt. § 166; Co. Litt. 110b. See 
 under "Francus." 
 
 FRANK CHASE. Free chase. The liber- 
 ty or franchise of having a chase. 
 
 FRANK FEE. Lands not held in ancient 
 demesne. Called "lands pleadable at com- 
 mon law." Reg. Orig. 12, 14; Pitzh. Nat. 
 Brev. 161; Termes de la Ley. 
 
 That which a man holds to himself and 
 ' his heirs, and not by such service as is re- 
 quired in ancient demesne, according to the 
 custom of the manor. The opposite of copy- 
 hold. Cowell. A fine had in the king's 
 court might convert demesne lands into 
 frank fee. 2 Bl. Comm. 368. 
 
 FRANK FERME. Lands or tenements 
 where the nature of the fee is changed by 
 feoffment from knight's service to yearly 
 service, and whence no homage but such as 
 is contained in the feoffment may be de- 
 manded. Britt. c. 66, n. 3; Cowell; 2 Bl. 
 Comm. 80. 
 
 FRANK FOLD. In old English law. Free 
 fold; a privilege for the lord to have all the 
 sheep of his tenants and the inhabitants 
 within his seigniory, in his fold, in his de- 
 mesnes, to manure his land, Keilw, 198; 
 Y. B. H. 1 Edw. III. 4. 
 
 FRANK LAW (Law Fr. fraunche ley; 
 Law Lat. libera lex, lex terrae). In old 
 English law. The liberty of being sworn 
 in courts, as a juror or witness; one of the 
 ancient privileges of a freeman, or free and 
 lawful man {liber et legalis homo). Other- 
 wise called the law of the land (lex terrae) , 
 or simply law (lex). The nature of this 
 privilege may be understood from Bracton's 
 description of the consequences of losing it, 
 
 among which the principal one was that the 
 parties incurred perpetual infamy, so that 
 they were never afterwards to be admitted 
 to oath, because they were not deemed to be 
 oathwiprthy (that is, not worthy of making 
 oath) , nor allowed to give testimony. Per- 
 petuam infamiam incurrant, et legem terrae 
 amittant, et ita quod nunquam postea ad 
 sacramentum admittantur, quia de coetero 
 nan erunt othesworth, nee ad testimonium 
 recipientur. Bracton, fol. 292b. This was 
 one of the punishments of jurors who had 
 been convicted of perjury. Id. 
 
 This term has been very generally defined 
 "the privilege of the law's protection," and 
 "the benefit of the free and common law of 
 the land." Holthouse; Wharton. But that 
 it had a more particular and determinate 
 meaning is clear both from the testimony 
 of the ancient writers, and from the pecu- 
 liar signification of the word "law," which, 
 from a very early period, denoted an oath, 
 or the taking or making of an oath; as in 
 the common expressions "wager of law," 
 and "making law." A lawful man (legalis 
 homo) was one who was competent to be 
 sworn as a juror or witness; and the word 
 "lawful" is used in this sense in jury pro- 
 cess to this day. 3 Bl. Comm. 340, 341, 352. 
 
 FRANK MARRIAGE. A species of estate 
 tail where the donee had married one of 
 kin (as daughter or cousin) to the donor, 
 and held the estate subject to the implied 
 condition that the estate was to descend to 
 the issue of such marriage. On birth of 
 issue, as in other cases of estate tail before 
 the statute De Bonis, the birth of issue was 
 regarded as a condition performed, and the 
 estate thereupon became alienable by the 
 donee. 1 Cruise, Dig. 71; 1 Washb. Real 
 Prop. 67. 
 
 The estate is said to be in frank marriage 
 because given in consideration of marriage, 
 and free from services for three generations 
 of descendants. Blount; Cowell. See, also, 
 2 Sharswood, Bl. Comm. 115; 1 Steph. 
 Comm. 232. 
 
 FRANK PLEDGE. A pledge or surety for 
 freemen. Termes de la Ley. 
 
 The bond or pledge which the inhabitants 
 of a tithing entered into for each one of 
 their number that he should be forthcoming 
 to answer every violation of law. Each boy, 
 on reaching the age of fourteen, was obliged 
 to find some such pledge, or be committed 
 to prison. Blount; Cowell. 
 
 FRANK TENANT. A freeholder. Litt. 
 § 91. 
 
 FRANK TENEMENT. In English law. A 
 free tenement, freeholding, or freehold. 2 
 Bl. Comm. 61, 62, 104; 1 Steph. Comm. 217; 
 Bracton, fol. 207. Used to denote both the 
 tenure and the estate, 
 
 FRANKALMOIGNE. A species of ancient 
 tenure, still extant in England, whereby a 
 religious corporation, aggregate or sole, 
 
FRANKING PRIVILEGE 
 
 433 
 
 FRAUD 
 
 holds its lands of the donor, in considera- 
 tion of the religious services it performs.- 
 
 In the United States, religious corpora- 
 tions hold land by the same tenure with 
 which all other corporations and individuals 
 hold; and the only approach to a tenancy in 
 frankalmoigne may be found in the exemp- 
 tion from taxation which is enjoyed by 
 churches in common with charitable and 
 scientific institutions. 
 
 FRANKING PRIVILEGE. The privilege 
 of sending certain matter through the pub- 
 lic mails without payment therefor. 
 
 It is enjoyed by various officers of the 
 federal government, theoretically for the 
 public good. See Brightly, Dig. U. S. Laws. 
 
 FRANKLEYN, FRANCLING, or FRANK- 
 lln. A freeman; a freeholder; a gentleman. 
 Blount; Cowell. 
 
 FRASSETUM (Law Lat.) In old English 
 law. A wood, or ground that is woody. Co. 
 Litt. 4b; Shep. Touch. 95. Blount con- 
 siders it a corruption of fraxinetum, a wood 
 where ashes grow. 
 
 FRATER (Lat.) Brother. 
 
 Frater Consanguineus. A brother bom 
 
 from the same father, though the mother 
 may be different. 
 
 Frkter Nutricius. A bastard brother. 
 
 Frater Uterinus. A brother who has 
 
 the same mother, but not the same father. 
 Blount; Vicat; 2 Bl. Comm. 232. See 
 "Brother." 
 
 FRATER FRATRI UTERINO NGN SUC- 
 cedet in haereditate paterna. A brother 
 shall not succeed an uterine brother in the 
 paternal inheritance. Fort, de Laud. Leg. 
 Ang. by Amos, p. 15; 2 Sharswood, Bl. 
 Comm. This maxim is now superseded in 
 England by 3 & 4 Wm. IV. c. 106, § 9. 
 Broom, Leg. Max. (3d London Ed.) 471; 2 
 Sharswood, Bl. Comm. 232. 
 
 FRATERNAL INSURANCE. A form of 
 mutual life, and perhaps, also, health and 
 accident, insurance. Its distinguishing char- 
 acteristics seem to be (a) that it is written 
 on members of a fraternal or beneficial so- 
 ciety only, and (b) that the organization 
 itself is the insurer. The premiums are 
 usually paid by way of assessment or month- 
 ly dues, rather than by annual premium, 
 and may or may not involve the creation of 
 a reserve fund. 
 
 FRATERNIA. A fraternity or brother- 
 hood. 
 
 FRATRIAGE. A younger brother's inher- 
 itance. 
 
 FRATRICIDE. The killing of a brother 
 or sister. 
 One who has killed his brother or sister. 
 
 FRAUD. The unlawful obtaining of an- 
 other's property by design, but without crim- 
 inal intent, and with the assent of the owner 
 obtained by artifice or misrepresentation. 
 
 Any cunning deception or artifice used to 
 circumvent, cheat, or deceive another. Story, 
 Eq. Jur. § 186. 
 
 Fraud is sometimes used as a term synon- 
 ymous with "covin," "collusion," and "de- 
 ceit," but improperly so. Covin is a secret 
 contrivance between two or more persons to 
 defraud and prejudice another of his rights. 
 Clollusion is an agreement between two or 
 more persons to defraud another under the 
 forms of law, or to accomplish an illegal 
 purpose. Deceit is a fraudulent contrivance 
 by words or acts to deceive a third person, 
 who, relying thereupon, without careless- 
 ness or neglect of his own, sustains dam- 
 age thereby. Co. Litt. 357b; Bac. Abr. 
 
 Actual or positive fraud includes cases of 
 the intentional and successful employment 
 of any cunning, deception, or artifice, used 
 to circumvent, cheat, or deceive another. 1 
 Story, Eq. Jur. § 186. 
 
 Legal or constructive fraud includes such 
 contracts or acts as, though not originating 
 in any actual evil design or contrivance to 
 perpetrate a fraud, yet by their tendency to 
 deceive or mislead others, or to violate pri- 
 vate or public confidence, are prohibited by 
 law. Thus, for instance, contracts against 
 some general public policy or_ fixed artificial 
 policy of the law; cases arising from some 
 peculiar confidential or fiduciary relation be- 
 tween the parties, where advantage is taken 
 of that relation by the person in whom the 
 trust or confidence is reposed, or by third 
 persons; agreements and other acts of par- 
 ties which operate virtually to delay, de- 
 fraud, and deceive creditors; purchases of 
 property, with full notice of the legal or 
 equitable title of other persons to the same 
 property (the purchaser becoming, by con- 
 struction, particeps criminis with the fraud- 
 ulent grantor) ; and voluntary conveyances 
 of real estate, as affecting the title of subse- 
 quent purchasers. 1 Story, Eq. Jur. c. 7. 
 
 .^^In the Civil Law. According to the 
 civilians, positive fraud consists in doing 
 one's self, or causing another to do, such 
 things as induce the opposite party into 
 error, or retain him there. The intention 
 to deceive, which is the characteristic of 
 fraud, is here present; the definition of 
 "constructive fraud" being the same as at 
 common law. Fraud was also divided into 
 that which has induced^ the contract, dolus 
 dans causam contractui, and incidental or 
 accidental fraud. The former is that which 
 has been the cause or determining motive of 
 the contract, that without which the party 
 defrauded would not have contracted, when 
 the artifices practised by one of the parties 
 have been such that it is evident that with- 
 out them the other would not have contract- 
 ed. Incidental or afccidental fraud is that 
 by which a person, otherwise determined to 
 contract, is deceived on some accessories or 
 incidents of the contract, — for example, as 
 to the quality of the object of the contract, 
 or its price, — so that he has made a bad 
 bargain. Accidental fraud does not, accord- 
 ing to the civilians, avoid the contract, but 
 
FRAUDS, STATUTE OP 
 
 434 
 
 FRAUS ET DOLUS NEMINI 
 
 simply subjects the party to damages. It is 
 otherwise where the fraud has been the de- 
 termining cause of the contract, qui causam 
 dedit contractui. In that case, the contract 
 is void. Toullier, Dr. Civ. liv. 3, tit. 3, c. 2, 
 note, § 5, note 86 et seq. See, also, 1 Mall. 
 Anal, de la Disc, du Code Civ. pp. 15, 16; 
 Bouv. Inst. Index. 
 
 In Equity. It is sometimes Inaccurate- 
 ly said that such and such transactions 
 amount to fraud in equity, though not in 
 law; according to the popular notion that 
 the law allows or overlooks certain kinds of 
 fraud which the more conscientious rules of 
 equity condemn and punish. But, properly 
 speaking, fraud in all its shapes is as odious 
 in law as in equity. The difference is that, 
 as the law courts are constituted, and as it 
 has been found in centuries of experience 
 that it is convenient they should be consti- 
 tuted, they cannot deal with fraud otherwise 
 than to punish it by the infliction of dam- 
 ages. All those manifold varieties of fraud 
 against which specific relief, of a preventive 
 or remedial sort, is required for the pur- 
 poses of substantial justice, are the subjects 
 of equity and not of law jurisdiction. 
 
 The following classification of frauds as 
 a head of equity jurisdiction is given by 
 Lord Hardwicke (2 Ves. Jr. 155) : (1) 
 Fraud, or dolus malus, may be actual, aris- 
 ing from facts and circumstances of 
 imposition. (2) It may be apparent 
 from the intrinsic nature and subject 
 of the bargain itself, such as no man in 
 his senses and not under delusion would 
 make, on the one hand, and no honest or 
 fair man would accept, on the other. (3) 
 It may be inferred from the circumstances 
 and condition of the parties; for it is as 
 much against conscience to take advantage 
 of a man's weakness or necessity as of his 
 ignorance. (4) It may be collected from the 
 nature and circumstances of the transac- 
 tion, as being an imposition on^ third 
 persons. 
 
 In Criminal Law. "Without the ex- 
 press provision of any statute, all deceitful 
 practices in defrauding or endeavoring to 
 defraud another of his known right, by 
 means of some artful device, contrary to the 
 plain rules of common honesty, are con- 
 demned by the common law, and punishable 
 according to the heinousness of the offense. 
 Co. Litt. 3b; Dyer, 295; Hawk. P. C. c. 71. 
 
 FRAUDS, STATUTE OF. The name com- 
 monly given to St. 29 Car. II. c. 3, entitled, 
 "An Act for the Prevention of Frauds and 
 Perjuries"; and to statutes of the various 
 states patterned thereon, and substantially 
 to the same effect. 
 
 These statutes differ in detail, but gener- 
 ally provide that no action shall be brought 
 on certain classes of contract unless some 
 memorandum thereof be in writing, and 
 signed by the party to be charged. 
 
 FRAUDULENT CONVEYANCE. A con- 
 veyance, the object, tendency, or effect of 
 which is to defraud another, or the intent 
 
 of which is to avoid some duty or debt due 
 by or incumbent on the party making it. 2 
 Kent, Comm. 440; 4 Kent, Comm. 462. 
 
 There must be: ,(a) A creditor to be de- 
 frauded; but subsequent creditors are en- 
 titled to impeach a conveyance for fraud. 
 118 Mass. 527. (b) A conveyance by the 
 debtor; but the form of the conveyance is 
 immaterial. 89 Ind. 117. (c) Of property 
 of value, out of which the creditor could 
 have made a portion of his claim. 46 Mich. 
 243; 52 Vt. 45; 67 Me. 183. (d) With in- 
 tent to hinder, delay, or defraud (88 N. Y. 
 669) ; but the fraud may arise from the 
 nature and necessary result of the transac- 
 tion, without regard to the actual intention 
 of the parties (108 111. 502). 
 
 Statute of Fraudulent Conveyances. 
 
 Fraudulent conveyances received early at- 
 tention; and the statutes of 13 Eliz. c. 5, 
 and 27 Eliz. c. 4, made perpetual by 29 
 Eliz. c. 18, declared all conveyances made 
 with intent to defraud creditors, etc., to be 
 void. This statute, on which all subsequent 
 legislation has been patterned, defined a 
 fraudulent conveyance as "a conveyance, 
 the object, tendency, or effect of which is 
 to avoid some duty or debt due by or in- 
 cumbent upon the party making the con- 
 veyance." By a liberal construction, it has 
 become the settled English law that a volun- 
 tary conveyance shall be deemed fraudulent 
 against a subsequent purchaser, even with 
 notice. 9 East, 69 ; 2 Sharswood, Bl. Comm. 
 296; Roberts, Fraud. Conv. 2, 3. 
 
 Voluntary conveyances are not so con- 
 strued in the United States, however, where 
 the subsequent purchaser has notice, espe- 
 cially if there be a good consideration. 2 
 Gray (Mass.) 447. 
 
 These statutes have been generally adopt- 
 ed in the United States as the foundation of 
 all the state statutes upon this subject. 1 
 Story, Eq. Jur. 353; 4 Kent, Comm. 462, 
 463. 
 
 FRAUDULENT PREFERENCES. See 
 "Preferences." 
 
 ^RAUNC, FRAUNCHE, or FRAUNKE. 
 
 See "Frank." 
 
 FRAUNCHISE. A franchise. 
 
 FRAUS (Lat. fraud). More commonly 
 called, in the civil law, "dolus" and "dolus 
 malus" (qv.). A distinction, however, was 
 sometimes made between "fraus" and "do- 
 lus"; the former being held to be of the 
 most extensive import. Calv. Lex. 
 
 FRAUS EST CELARE FRAUDEIVI. It l3 
 a fraud to conceal a fraud. 1 Vern. 270. 
 
 FRAUS EST ODIOSA, ET NON PBAE- 
 sumenda. Fraud is odious, and not to he 
 presumed. Cro. Car. 550. 
 
 FRAUS ET DOLUS NEMINI PATROCI- 
 nari debent. Fraud and deceit should ex- 
 cuse no man. 3 Coke, 78. 
 
FRAUS ET JUS NUNQUAM 
 
 435 
 
 FREE WARREN 
 
 FRAUS ET JUS NUNQUAM COHABIT- 
 ant. Fraud and justice never dwell ■ togeth- 
 er. Wingate, Max. 680. 
 
 FRAUS LATET IN QENERALIBUS. 
 
 Fraud lies hid in. general expressions. 
 
 FRAUS LEGIS. (Lat.) In civil law. Fraud 
 of law; fraud upon law. See "In Fraudem 
 Legis." 
 
 FRAUS MERETUR FRAUDEM. Fraud 
 deserves fraud. Plowd. 110; Branch, Princ. 
 This is very poor law. 
 
 FRAXINETUM. In old English law. A 
 wood of ashes; a place where ashes grow. 
 Co. Litt. 4b; Shep. Touch. 95. 
 
 FRAY. See "Aferay." 
 
 FRECTUM. In Old English law. Freight. 
 Blount. 
 
 FREDNITE. A liberty to hold courts and 
 take up the fines for beating and wounding. 
 Cowell ; Cunningham. 
 
 To be free from fines. 
 
 FREDSTOLE, or FRIDSTOLE. Sanctu- 
 aries; seats of peace. 
 
 FREDUM. A fine paid for obtaining par- 
 don when the peace had been broken. Spel- 
 man; Blount. A sum paid the magistrate 
 for protection against the right of revenge. 
 1 Robertson, Hist. Charles V., Append, note 
 xxiii. 
 
 FREE. Not bound to servitude; at liberty 
 to act as one pleases. This word is put in 
 opposition to slave. Const. U. S. art. 1, § 2. 
 Used in distinction from being bound as an 
 apprentice. 
 
 The Declaration of Independence asserts 
 that all men are born free ; and in this sense 
 the term is usually supposed to mean all 
 mankind, though this seems to be doubted in 
 19 How. (U. S.) 393. 
 
 Certain; as, free services. These were 
 also more honorable. 
 
 Confined to the person possessing, instead 
 of being held in common; as, free fishery. 
 
 FREE ALMS. Tenure by indefinite spir- 
 itual Services; frankalmoigne (q. v.). 
 
 FREE BENCH. Copyhold lands which the 
 wife has for dower after the decease of her 
 husband. Kitch. Cts. 102; Bracton, lib. 4, 
 tr. 6, c. 13, No. 2; Fitzh. Nat. Brev. 150; 
 Plowd. 411. 
 
 Dower in copyhold lands. 2 Bl. Comm. 
 129. The quantity varies in different sec- 
 tions of England. Co. Litt. 110b. Incon- 
 tinency was a cause of forfeiture, except on 
 the performance of a ridiculous ceremony. 
 Cowell; Blount. 
 
 FREE BO RD. An allowance of land out- 
 side the fence, which may be claimed by the 
 owner. An allowance, in some places, two 
 and a half feet wide outside the boundary 
 or inclosure. Blount; Cowell. 
 
 FREE CHAPEL. A chapel founded by the 
 king, and exempted from the jurisdiction of 
 the ordinary. It may be one founded or en- 
 dowed by a private person under a grant 
 from the king. Cowell; Termes de la Ley. 
 
 FREE COURSE. Having the wind from a 
 favorable quarter. To prevent collision of 
 vessels, it is the duty of the vessel having 
 the wind free to give way to a vessel beat- 
 ing up to windward and tacking. 3 Hagg. 
 Adm. 215. At sea, such vessel meeting an- 
 other close hauled must give way, if neces- 
 sary to prevent the danger of collision. 3 
 Car. & P. 528. See 9 Car. & P. 528; 2 W. 
 Rob. Adm. 225; 2 Dods. Adm. 87. 
 
 FREE FISHERY. A franchise which 
 gives an exclusive right of fishing in a pub- 
 lic navigable river, without any ownership 
 on the soil. 3 Kent, Comm. 329; 2 Shars- 
 wood, Bl. Comm. 39; 1 Salk. 637; Woolr. 
 Waters, 97. Free fishery is the same as com- 
 mon of fishery. Co. Litt. Hargrave's notes, 
 122; 2 Sharswood, Bl. Comm. 39; 7 Pick. 
 (Mass.) 79; Angell, Watercourses, c. 6, 
 §§ 3, 4. See "Fishery." 
 
 FREE ON BOARD. Abbreviated f. o. b. in 
 the law of sales. A sale free on board is 
 one in which the seller agrees to deliver the 
 goods on board cars or ship at a place 
 named, at his own expense, free to be taken 
 by the purchaser without any obstruction or 
 impediment. 136 Wis. 495. See also F. 
 0. B. 
 
 FREE SERVICES. Such as it was not un- 
 becoming the character of a soldier or free- 
 man to perform; as, to serve under his lord 
 in the wars, to pay a sum of money, and 
 the like. 2 Bl. Comm. 62; 1 Washb. Real 
 Prop. 25. 
 
 FREE SHIPS. Neutral ships. "Free ships 
 make free goods" is a phrase often used in 
 treaties to denote that the goods on board 
 neutral ships shall be free from confisca- 
 tion, even though belonging to an enemy. 
 Wheat. Int. Law, 507 et seq.; 1 Kent, 
 Comm. 126. See 3 Phillim. Int. Law (3d 
 Ed.) 238 et seq., for a full discussion of 
 the subject. 
 
 FREE SOCAGE. Tenure in free socage is 
 a tenure by certain and honorable services 
 which yet are not military. 1 Spence, Eq. 
 Jur. 52; Dalr. Feud. Prop. c. 2, § 1; 1 
 Washb. Real Prop. 25. Called, also, "free 
 and common socage." See "Socage." 
 
 FREE SOCMEN. In old English law. 
 Tenants in free socage. Glanv. lib. 3, c. 7; 
 2 Bl. Comm. 79. 
 
 FREE (or FRANK) TENURE. Freehold 
 tenure. The opposite of the ancient villein- 
 age or modern copyhold. 2 Bl. Comm. 89, 
 90. 
 
 FREE WARREN. A franchise for the pre- 
 serving and custody of beasts and fowls of 
 warren. 2 Sharswood, Bl. Comm. 39, 417; 
 
FREE-BOROUGH MEN 
 
 436 
 
 FRESH FORCE 
 
 Co. Litt. 233. This franchise gave the gran- 
 tee sole right of killing, so far as his war- 
 ren extended, on condition of excluding 
 other persons. 2 Sharswood, Bl, Comm. 39. 
 
 FREE-BOROUGH MEN. Such great men 
 as did not engage, like the frank-pledge 
 men, for their decennier. Jacob. 
 
 FREEDMAN. In Roman law. A person 
 who had been released from a state of ser- 
 vitude. See "Liberti." 
 
 FREEDOM. The power by which man 
 can do what does not interfere with the 
 rights of another; its basis is nature; its 
 standard is justice; its protection is law; 
 its moral boundary is the maxim, "Do not 
 unto others that you do not wish they 
 should do unto you." French Const, of 
 1793. 
 
 FREEHOLD. See "Estates." 
 
 FREEHOLD IN LAW. A freehold which 
 has descended to a man, upon which he may 
 enter at pleasure, but which he has not en- 
 tered on. Termes de la Ley. 
 
 FREEHOLD LAND SOCIETIES. Socle- 
 ties in England designed for the purpose of 
 enabling mechanics, artisans, and other 
 Working men to purchase, at the least pos- 
 sible price, a piece of freehold land of a suf- 
 ficient yearly value to entitle the owner to 
 the elective franchise for the county in 
 which the land is situated. Wharton. 
 
 FREEHOLDER. The owner of a freehold 
 estate. Such a man must have been ancient- 
 ly a freeman; and the gift to any man by 
 his lord of an estate to him and his heirs 
 made the tenant a freeman, if he had not 
 been so before. See 1 Washb. Real Prop. 
 29, 45 et seq. 
 
 FREEMAN. One who Is not a slave; one 
 born free, or made so. 
 
 In Old English Law. A freeholder, as 
 
 distinguished from a villein. 
 
 An inhabitant of a city. St. 1 Hen. VI. c. 
 11; 3 Steph. Comm. 196, 197; Cunningham. 
 
 FREEMAN'S ROLL. A list of persons ad- 
 mitted as burgesses or freemen for the pur- 
 poses of the rights reserved by the munici- 
 pal corporation act (5 & 6 Wm. IV. c. 76). 
 Distinguished from the burgess roll. 3 
 Steph. Comm. 197. The term was used, in 
 early colonial history, of some of the Amer- 
 ican colonies. 
 
 FREIGHT. The amount due a carrier for 
 the transportation of goods or live stock. 
 Angell, Carr. i 391. Sometimes applied in a 
 loose sense to the goods carried. 
 
 In Maritime Law. The sum agreed on 
 
 for the hire of a ship, entirely or in part, 
 for the carriage of goods from one port to 
 another. 13 East, 300. All rewards or com- 
 pensation paid for the use of ships. 1 Pet. 
 Adm. 206; 2 Boul. P. Dr. Com. tit. 8, § 1; 2 
 Bos. & P. 321; 4 Dall. (Pa.) 459; 2 Johns. 
 
 (N. Y.) 346; 3 Johns. (N. Y.) 335; 3 Par- 
 dessus, note 705. ' 
 
 FREIGHTER. He to whom a ship or ves- 
 sel has been hired, and who loads her under 
 his contract; he who loads a general ship. 
 
 3 Kent, Comm. 173; 3 Pardessus, note 704. 
 
 FRENCHMAN. In early times. In English 
 law, this term was applied to every stranger 
 or "outlandish" man. Bracton, lib. 3, tr. 
 2, c. 15. 
 
 FRENDLESS MAN, or FRENDLESMAN 
 
 (Saxon). The ancient name of an outlaw 
 (utlaughe) in England. So called, accord- 
 ing to Bracton, because he forfeited his 
 friends (quod forisfadt amicos) ; all per- 
 sons being forbidden to give him food or 
 shelter, or to have any communication with 
 him. Bracton, fol. 128b. 
 
 FRENDNITE, or FRENDWITE. A fine ex- 
 acted from him who harbored an outlawed 
 friend. Cowell; Cunningham. A quittance 
 for for fang (exemption from the penalty of 
 taking provisions before the king's purvey- 
 ors had taken enough for the king's' neces- 
 sities) . Cowell. 
 
 FRENETICUS. In old English law. A 
 madman, or person in a frenzy. Fleta, lib. 
 1, c. 36. 
 
 FREOBORGH. A free surety or free 
 pledge. Spelman. See "Frank Pledge." 
 
 FREQUENT. To visit often; to resort to 
 often or habitually. 109 Ind. 176. 
 
 To "frequent" a place is to frequently go 
 there, or to be in the habit of going there. 
 Therefore a conviction cannot be sustained 
 under the Vagrant Act for "frequenting" 
 a street, etc., with intent to commit felony, 
 where the evidence does not show that the 
 person has been there more than once. 14 
 Q. B. D. 93; 49 J. P. 246. He must in fact 
 be seen hanging about the street. 1 Times 
 Rep. 109. 
 
 FREQUENTIA ACTUS MULTUM OPE- 
 ratur. The frequency of an act effects much. 
 
 4 Coke, 78; Wingate, Max. 192. 
 
 FRESCA. In old records. Fresh water, or 
 rain and land flood. Cowell. 
 
 FRESH DISSEISIN. Such disseisin as a 
 man may seek to defeat of himself, and by 
 his own power, without the help of the king 
 or judges. There was no limit set to the 
 time within which this might be done. It 
 is set in one case at a disseisin committed 
 within fifteen days. Bracton, lib. 4, c. 5. 
 In another case it was held a fresh disseisin 
 when committed within a year. Britt. cc. 
 43, 44; Cowell. 
 
 FRESH FINE. A fine levied within a 
 year. St. Westminster II. (13 Edw. I.) c. 
 45; Cowell. 
 
 FRESH FORCE. Force done within forty 
 days. Fitzh. Nat. Brev. 7; Old Nat. Brev. 
 
FRESH PURSUIT 
 
 437 
 
 FRITHSPLOT 
 
 4. The heir or reversioner in a case of dis- 
 seisin by fresh force was allowed a remedy 
 in chancery by bill before the mayor. Coiff- 
 ell. 
 
 FRESH PURSUIT. An immediate pursuit 
 of an escaping criminal. The phrase does 
 not imply instant pursuit, but pursuit 
 without unreasonable delay. See 27 Cal. 
 574; 70 Miss. 253. 
 
 FRESH SUIT (Law Lat. recens insecu- 
 tio) . In English law. Immediate or speedy 
 pursuit or prosecution. The pursuit of an 
 offender or felon as a thief immediately or 
 as soon as possible after the robbery, in- 
 cluding the prosecution of such pursuit until 
 the apprehension and conviction of the of- 
 fender. The object of this was to enable the 
 party to recover his goods, which otherwise 
 would belong to the king. Britt. c. 15. 
 
 The early and speedy prosecution of a 
 suit. St. Gloc. c. 9. 
 
 FRESH-WATER RIVER. A fresh-water 
 river, like a tidal river, is composed of the 
 alveus, or bed, and the water; but it has 
 banks instead of shores. Gould Waters, 
 § 45. 
 
 FRET (Ft.) In French marine law. 
 Freight. Ord. Mar. liv. 3, tit. 3. 
 
 FRETER (Ft.) In French marine law. To 
 freight a ship; to let it. Emerig. Ins. c. 
 11, i 3. 
 
 FRETEUR (Fr.) In French marine law. 
 Freighter; the owner of a ship, who lets 
 it to the merchant. Emerig. Ins. c. 11, § 3. 
 
 FRETTUM. In old English law. Freight 
 money. Cowell. 
 
 FRETUM. A strait. 
 
 Fretum BritannicMm, the strait between 
 Dover and Calais. Otherwise called Fretum 
 Gallicum. Cowell. 
 
 FRIARS. An order of religious persons 
 of whom there were four principal branches, 
 from whom the rest descend, viz.: (1) Fran- 
 ciscans, or Grey Friars; (2) Augustines; 
 (3) Dominicans, or Black Friars; (4) Car- 
 melites, or White Friars. Wharton. 
 
 FRIBUSCULUM. In civil law. A slight 
 dissension between husband and wife, which 
 produced a momentary separation, without 
 any intention to dissolve the marriage, in 
 which it differed from a divorce. Poth. 
 Pand. lib. 50, § 106; Vicat. This amounted 
 to a separation in our law. See "Separa- 
 tion." 
 
 FRIDBORG, or FRITHBORG. Frank 
 pledge. Cowell. Security for the peace. 
 Spelman. 
 
 FRIDHBURGUS (Saxon). A kind of frank 
 pledge, whereby the principal men were 
 bound for themselves and servants. Fleta, 
 lib. 1, c. 47. Cowell says it is the same as 
 frank pledge. 
 
 FRIDSTOLL. In Saxon law. A seat, 
 chair or place of peace; an asylum, refuge, 
 or sanctuary for offenders. Spelman; Cow- 
 ell. 
 
 FRIEND OF THE COURT. See "Amicus 
 Curiae." 
 
 FRIENDLY SOCIETIES. In England. Mu- 
 tual benefit societies, supported by subscrip- 
 tion of the members, the benefits being of 
 various kinds, — the periodical division of as- 
 sets, sick or funeral benefits, relief of wid- 
 ows and orphans, etc. 
 
 Regulated by "Friendly Society Act" of 
 1875. 
 
 FRIENDLY SUIT. A suit brought by a 
 creditor in chancery against an executor or 
 administrator, being really a suit by the 
 executor or administrator, in the name of a 
 creditor, against himself, in order to compel 
 the creditors to take an equal distribution 
 of the assets. 2 Williams, Ex'rs, 1915. 
 
 Also any suit instituted by agreement be- 
 tween the parties to obtain the opinion of 
 the court upon some doubtful question in 
 which they are interested, such as actions 
 for construction of wills, partition suits, etc. 
 
 FRIGIDITY. Impotence. 
 
 FRILINGI. Persons of free descent, or 
 freemen born; the middle class of persons 
 among the Saxons. Spelman. 
 
 F R I SC U S ( Law Lat. ; from Pr. fresche) . 
 In old English law. Recent or new. Frisco, 
 fortia, fresh force. Force recently commit- 
 ted, vis nupera et recenter illata. Spelman; 
 Reg. Orig. 108a. 
 
 Fresh, as distinguished from salt. Mori- 
 eus friscus, fresh marsh. Spelman. Aqua 
 frisca, fresh water. Reg. Orig. 97. 
 
 Uncultivated, as ground. Terra jaeens 
 frisca et ad warect, land lying fresh and 
 fallow. Towns. PI, 69, 
 
 FRITHBORG. Frank pledge. Cowell. 
 
 FRITHBOTE. A satisfaction or fine for a 
 breach of the peace. 
 
 FRITH BREACH. The breaking of the 
 peace. Cowell. 
 
 FRITHGAR. The year of jubilee, or of 
 meeting for peace and friendship. Jacob. 
 
 FRITHGILDA. Guildhall; a company or 
 fraternity for the maintenance of peace and 
 security; also a fine for breach of the peace. 
 Jacob. 
 
 FRITHMAN. A member of a company or 
 fraternity. Blount. 
 
 FRITHSOCUE. Surety of defense; juris- 
 diction of the peace; the franchise of pre- 
 serving the peace. Cowell; Spelman. 
 
 FRITHSPLOT. A spot or plot of land, en- 
 circling some stone, tree, or well, considered 
 
FRIVOLOUS PLEA 
 
 438 
 
 FRUMSTOLL 
 
 sacred, and therefore affording sanctuary 
 to criminals. Wharton. 
 
 FRIVOLOUS PLEA. Pleading interposed 
 for delay, and its frivolous character indi- 
 cates bad faith in the pleading. 51 Wis. 
 430. 
 
 FRODMORTEL, or FREOMORTEL. An 
 
 immunity for committing manslaughter. 
 Mon. Angl. tit. 1, p. 173. 
 
 FROM. As expressive of place, is always 
 taken exclusively. Thus, "from a port" is 
 exclusive of the port. The terminus a quo 
 is the boundary line of the port, and when 
 a vessel passes from that, she sails from 
 the port, and is on the high seas. Story, J. 
 2 Mason's R. 130, 131. 
 
 Where the particular period sought is to 
 begin or be computed "from" some recog- 
 nized division of time, the date of beginning 
 is to be excluded in making the computa- 
 tion unless a contrary intention appears. 
 46 111. 173; 41 111. 203. Used in a promis- 
 sory note with reference to a named date, 
 means a subsequent day. 165 111. 62. 
 
 The word simply expresses the general 
 idea of separation. 103 Cal. 673. 
 
 FROM THE BODY OF THE COUNTY. 
 
 It was not necessary that jurors should have 
 been summoned from every township in the 
 county, in order to comply with the statute 
 requiring jurors to be summoned from the 
 "body of the county." This language means, 
 "from the county at large," "from the peo- 
 ple of the county at large," competent to 
 act as jurors. 39 la. 633; 10 Wyo. 476. 
 
 FRUCTUARIUS (Lat.) One entitled to 
 the use of profits, fruits, and yearly in- 
 crease of a thing; a lessee; a fermor. Brac- 
 ton, 241; Vicat. 
 
 Sometimes, as applied to a slave, he of 
 whom any one has the usufruct. Vicat. 
 
 FRUCTUS (Lat.) The right of using the 
 increase or fruits; equivalent to usufruct. 
 
 That which results or springs from a 
 thing; as, rents, interest, freight from 
 a ship, etc. 
 
 All the natural return, increase, or addi 
 tions which is added by nature or by the 
 skill of man, including all the organic pro- 
 ducts of things. Vicat; 1 Mackeld. Civ. 
 Law, § 154. 
 
 They were divided according to their 
 nature into : 
 
 Fructus Civifes. Civil fruits. All rev- 
 enues and recompenses which, though not 
 fruits, properly speaking, are recognized as 
 such by the law. IKauffm. Mackeld. Civ. 
 Law, § 154; Calv. Lex.; Vicat. 
 
 ——Fructus Naturales. Those products 
 which are produced by the powers of nature 
 alone; as, wool, metals, milk. 1 Kauffm. 
 Mackeld. Civ. Law, § 154; Calv. Lex. 
 
 Fructus Industrfales, Those products 
 
 which are obtained by the labor and culti- 
 vation of the occupant; as, corn. 1 Kauffm. 
 Mackeld. Civ. Law, § 154, note. Emble- 
 
 ments are such in the common law. 2 
 Steph. Comm. 258; Vicat. 
 
 According to their situation with respect 
 to their source they were divided into: 
 
 Fructus Pendentes. The fruits united 
 
 with the thing which produces them. These 
 form a part of the principal thing. 1 
 Kauffm. Mackeld. Civ. Law, § 154. 
 
 Fructus Separati. Separate fruits; 
 
 the fruits of a thing when they are sepa- 
 rated from it. Dig. 7. 4. 13; 1 Mackeld. 
 Civ. Law, p. 156, § 154. 
 
 FRUCTUS AUGENT HAEREDITATEM. 
 
 Fruits enhance an inheritance. 
 
 FRUCTUS PENDENTES PARS FUNDI 
 
 videntur. Hanging fruits make part of the 
 land. Dig. 6. 1. 44; 2 Bouv. Inst, note 1578. 
 See "Larceny." 
 
 FRUCTUS PERCEPTOS VILLAE NGN 
 esse constat. Gathered fruits do not make a 
 part of the farm. Dig. 19. 1. 17. 1; 2 Bouv. 
 Inst, note 1578. 
 
 FRUGES (Lat.) Anything produced from 
 vines, underwood, chalk pits, stone quar- 
 ries. Dig. 50. 16. 77. 
 
 Grains and leguminous vegetables. In a 
 more restricted sense, any esculent growing 
 in pods. Vicat; Calv. Lex. 
 
 FRUIT. The produce of a tree or plant 
 which contains the seed, or is used for food. 
 
 The term in legal acceptation, is not con- 
 fined to the produce of those trees which 
 in popular language are called fruit trees; 
 but applies also to the produce of oak, 
 elm, and walnut trees. In the old books 
 the lessee is stated to have an interest in 
 the trees in respect of the shade for cattle, 
 and the fruit thereof. 5 B. & C. 847. 
 
 FRUIT FALLEN. The produce of any 
 possession detached therefrom, and capable 
 of being enjoyed by itself. Thus, a next 
 presentation, when a vacancy has occurred, 
 is a fruit fallen from the advowson. Whar- 
 ton. 
 
 FRUITS OF CRIME. In the law of evi- 
 dence. Material objects acquired by means 
 and in consequence of the commission of 
 crime, and sometimes constituting the sub- 
 ject matter of the crime. Burrill, Circ 
 Ev. 445; 3 Benth. Jud. Ev. 31. 
 
 FRUMENTA QUAE SATA SUNT SOLO 
 cedere intelliguntur. Grain which is sown is 
 understood to form a part of the soil. Inst. 
 2. 1. 32. 
 
 FRUMENTUM. In the civil law. Grain; 
 that which grows in an ear (wrista). Dig. 
 60, 16, 77. 
 
 FRUMGYLD. The first payment made to 
 the kindred of a slain person in recompense 
 for his murder. Blount; Termes de la Ley; 
 Leg. Edmundi, cap. ult. 
 
 FRUMSTOLL (Saxon). A chief seat, or 
 mansion house. Cowell. 
 
FRUSCA TERRA 
 
 439 
 
 FUERO 
 
 FRUSCA TERRA. In old records. -Uncul- 
 tivated and desert ground. 2 Mon. Angl. 
 327; Cowell. 
 
 FRU8SURA. A breaking; plowing. Frus- 
 sura domorum, housebreaking. Cowell. 
 
 FRUSTRA AGIT QUI JUDICIUM PROSE- 
 qui nequit cum effectu. He in vain sues who 
 cannot prosecute his judgment with effect. 
 Fleta, lib. 6, c. 37, § 9. 
 
 FRUSTRA EXPECTATUR EVENTUS 
 cujus effectus nuHus sequitur. An event is 
 vainly expected from which no effect fol- 
 lows. 
 
 FRUSTRA FERUNTUR LEGES NISI 
 subditis et obedientibus. Laws are made to 
 no purpose unless for those who are subject 
 and obedient. . 7 Coke, 13. 
 
 FRUSTRA FIT PER PLURA, QUOD 
 
 fieri potest per pauciora. That is done 
 vainly by many things, which might be ac- 
 complished by fewer. Jenk. Cent. Cas. 68; 
 Wingate, Max. 177. 
 
 FRUSTRA LEGIS AUXILIUM QUAERIT 
 qui in legem committit. Vainly does he 
 who offends against the law seek the help 
 of the law. 2 Hale, P. C. 386; Broom, Leg. 
 Max. (3d London Ed.) 255. 
 
 FRUSTRA PETIS QUOD STATIM AL- 
 teri rederre cogeris. Vainly you ask that 
 which you will immediately be compelled to 
 restore to another. Jenk. Cent. Cas. 256; 
 Broom, Leg. Max. (3d London Ed.) 310. 
 
 FRUSTRA PROBATUR QUOD PROBA- 
 tum non relevat. It is vain to prove that 
 which, if proved, would not aid the matter in 
 question. Broom, Leg. Max. (3d London 
 Ed.) 255. 
 
 FRUSTRA [VANA] EST POTENTIA 
 quae nunquam venit in actum. That power 
 is to no purpose which never comes into act, 
 or which is never exercised. 2 Coke, 51. 
 
 FRUSTRUM TERRAE (Law Lat.) In old 
 English law. A piece or fragment of land; 
 a piece of land left over after the measure- 
 ment of a iield (residuum quiddam proeter 
 eampum mensuratum) . Spelman. 
 
 A large piece of land lying by itself, and 
 unconnected with any field, town, or manor. 
 Domesday Book. Spelman thinks it should 
 be frustum. Co. Litt. 5b. 
 
 FRUTECTUM. In old records. A place 
 overgrown with shrubs and bushes. Spel- 
 man; Blount. 
 
 FRUTOS. In Spanish law. Fruits; prod- 
 ucts; produce; grains; profits. White, New 
 Recop. bk. 1, tit. 7, c. 5, § 2. 
 
 FRYTHE (Saxon). In old English law. 
 A plain between woods. Co. Litt. 5b; Domes- 
 day Book, 
 
 An arm of the sea, or a strait between 
 two lands (from Lat. f return, a strait). 
 Cowell. 
 
 FUAGE, or FOCAQE. Hearth money; a 
 tax laid upon each fireplace or hearth. 1 
 Bl. Comm. 324; Spelman. An Imposition of 
 a shilling for every hearth, levied by Ed- 
 ward III. (the Black Prince) in the duke- 
 dom of Aquitaine. 
 
 FUER (Law Pr.; from Lat. fugere). In 
 old English law. To fly or flee; to chase or 
 drive. Kelham; Law Fr. Diet. 
 
 Flight. Fuer en fait, flight in fact, was 
 when a man did apparently and corporally 
 flee. Fuer en ley, flight in law, was when, 
 being called in the county court, he failed 
 to appear; for this was "flight," in inter- 
 pretation of law. Staund. P. C. lib. 3, c. 
 22; Cowell. 
 
 FUERO. In Spanish law. Compilations 
 or general codes of law. 
 
 The usages and customs which, in the 
 course of time, had acquired the force of 
 unwritten law. 
 
 Letters of privilege and exemption from 
 payment of certain taxes, etc. 
 
 Charters granted to cities or towns on con- 
 dition of their paying certain dues to the 
 owner of the land of which they had en- 
 joyment. 
 
 Acts of donation granted by some lord or 
 proprietor in favor of individuals, churches, 
 or monasteries. 
 
 Ordinances passed by magistrates in rela- 
 tion to the dues, fines, etc., payable by the 
 members of a community. 
 
 Letters emanating from the king or some 
 superior lord, containing the ordinances and 
 laws for the government of cities and towns, 
 etc. 
 
 This term has many and very various 
 meanings, as is shown above, and is some- 
 times used in other significations besides 
 those here given. See, also, Schmidt, Civ. 
 Law, 64; Escriche, Die. Raz. 
 
 Fuero de Castilla. In Spanish law. 
 
 The body of laws and customs which for- 
 merly governed the Castilians. 
 
 — I — Fuero de Correos y caminos. In 
 Spanish law. A special tribunal taking cog- 
 nizance of all matters relating to the post- 
 office and roads. 
 
 Fuero de Guerra. In Spanish law. A 
 
 special tribunal taking cognizance of all 
 matters in relation to persons serving in 
 the army. 
 
 Fuero de Marina. In Spanish law. A 
 
 special tribunal taking cognizance of all 
 matters relating to the navy, and to the 
 persons employed therein. Spelled, also, 
 Jurisdiccion de Marina. 
 
 Fuero Juzgo. In Spanish law. The 
 
 code of laws established by the Visigoths 
 for the government of Spain, many of whose 
 provisions are still in force. See the an- 
 alysis of this work in Schmidt's Civ. Law. 
 30. 
 
FUGA CATALLORUM 
 
 440 
 
 FUNDAMENTAL 
 
 — — Fuero Municipal. In Spanish law. 
 The body of laws granted to a city or town 
 for its government and the administration 
 of justice. ' 
 
 . Fuero Real. In Spanish law. A code 
 
 of laws promulgated by Alonzo el Sabio in 
 1255, and intended as an introduction to the 
 larger and more comprehensive code called 
 Las Siete Partidas, published eight years 
 afterwards. " For an analysis of this code, 
 see Schmidt, Civ. Law, 67. 
 
 Fuero VIejo. The title of a compila- 
 tion of Spanish law, published about A. D. 
 992. Schmidt, Civ. Law, Introd. 65. 
 
 FUGA CATALLORUM. In old English 
 law. A drove of cattle. Blount. 
 
 FUGACIA. In old English law. A chase. 
 Spelman; Blount. 
 
 FUGAM FECIT (Lat. he fled). In old 
 English law. A phrase in an inquisition, 
 signifying that a person fled for treason or 
 felony. The effect of this is to make the 
 party forfeit his goods absolutely, and the 
 profits of his lands, until he has been par- 
 doned or acquitted. 
 
 FUGATOR. A driver. Fugatores carruca- 
 rum, drivers of wagons. Fleta, lib. 2, e. 78. 
 
 FUGITATE. In Scotch practice. To out- 
 law, by the sentence of a court; to outlaw 
 for nonappearance in a criminal case. 2 
 Alis. Grim. Pr. 350. 
 
 FUGITATION. In Scotch law. Out- 
 lawry. 
 
 FUGITIVE FROM JUSTICE. One who, 
 having committed a crime, flees from the ju- 
 risdiction within which it was committed, 
 without waiting to abide the consequences 
 of such crime. 
 
 All that is necessary is that the person 
 shall be found in a state other than that in 
 which he committed the crime; it being im- 
 material whether he left the latter state 
 with intent to escape punishment. 106 Mass. 
 227; 116 U. S. 80. 
 
 FUGITIVE OFFENDER. In English law. 
 One who, being accused of having commit- 
 ted a crime ip one part of the British em- 
 pire, has left there, and gone to another 
 part thereof. See "Fugitive from Justice." 
 
 FUGITIVE SLAVE. One who, held in 
 bondage, flees from his master's power. 
 
 FUGITIVUS. In the civil law. A fugitive; 
 a runaway slave. Dig. 11. 4; Code, 6. 1. 
 See the various definitions of this word in 
 Dig. 21. 1. 17. 
 
 FULL. Complete; exhaustive; detailed. 
 
 FULL AGE. The age of twenty-one, by 
 common law, of both males and females, 
 and of twenty-five by the civil law. Litt. 
 § 259; 1 Sharswood, Bl. Comm. 463; Vicat. 
 Full age is completed on the day preceding 
 the anniversary of birth. Salk. 44, 625; 1 
 
 Ld. Raym. 480; 2 Ld. Raym. 1096; 2 Kent, 
 Comm. 263; 3 Har. (DeL) 557; 4 Dana 
 (Ky.) 597. See "Age." 
 
 FULL BLOOD. A term of relation, de- 
 noting descent from the same couple. 
 Brothers and sisters of full blood are those 
 who are born of the same father and mother, 
 or, as Justinian calls them, "ex utroque 
 parente conjuneti." Nov. 118, cc. 2, 3; 
 Mackeld. Civ. Law, § 145. The more usual 
 term in modern law is "whole blood" {q. v.), 
 
 FULL COURT. In practice. A term ap- 
 plied to a court sitting in banc, and imply- 
 ing, strictly, the presence of all- the judges. 
 3 Chit. Gen. Prac. 2. The term "full bench" 
 is frequently used. 
 
 FULL DEFENSE. In pleading. The 
 formula of defense in a plea, stated at 
 length and without abbreviation, thus : "And 
 the said C. D. by E. F. his attorney, comes 
 and defends the force (or wrong) and in- 
 jury when and where it shall behoove him, 
 and the damages, and whatsoever else he 
 ought to defend, and says," etc. Steph. PI. 
 (Am. ed. 1824) ch. i. sect. vii. rule v. 
 
 FULL LIFE. Life in fact and In law. 
 See "In Full Life." 
 
 FULL PROOF. See "Plena Prohatio." 
 
 FULLUM AQUAE. A stream of water, 
 such as comes from a mill. Blount. 
 
 FULLY PAID UP SHARES. Shares upon 
 which the whole amount that could be 
 called up have been called up. [1897] A. 
 C. 164. 
 
 FUMAGE. In old English law. The same 
 as fuage, or smoke farthings. 1 Bl. Comm. 
 324. See "Fuage." 
 
 FUNCTION. The occupation of an office. 
 By the performance of its duties, the officer 
 is said to fill his function. Dig. 32. 65. 1. 
 
 FUNCTIONARY. One who is in office or 
 in some public employment. 
 
 FUNCTUS OFFICIO (Lat.) A term ap- 
 plied to something which once has had life 
 and power, but which has become of no vir- 
 tue whatsoever. 
 
 For example, a warrant of attorney on 
 which a judgment has been entered is func- 
 tus officio, and a second judgment cannot 
 be entered by virtue of its authority. When 
 arbitrators cannot agree, and choose an um- 
 pire, they are said to be fundi officio. Wat- 
 son, Arb. 94. If a bill of exchange be sent 
 to the drawee, and he passes it to the, credit 
 of the holder, it is functus officio, and can- 
 not be further negotiated. 5 Pick. (Mass.) 
 85. When an agent has completed the busi- 
 ness with which he was intrusted, his agency 
 is functus officio. 2 Bouv. Inst, note 1382. 
 
 FUNDAMENTAL. This word is applied 
 to those laws which are the foundation of 
 society. Those laws by which the exercise 
 
FUNDAMUS 
 
 441 
 
 FUEIOSUS NULLUM NEGOTIUM 
 
 6i power is restrained and regulated are 
 fundamental. The constitution of the Unit- 
 ed States is the fundamental law of the land. 
 See Wolff. Inst. § 984. 
 
 FUNDAMUS. We found. One of the 
 words by which a corporation may be creat- 
 ed in England. 1. Bl. Comm. 473; 3 Steph. 
 Coram. 173. 
 
 FUNDATIO (Lat.) A founding. 
 
 FUNDED DEBT. A public debt for the 
 payment of which money has been speci- 
 fically appropriated. 
 
 That part of the national debt for which 
 certain funds are appropriated towards the 
 payment of the interest. 14 N. Y. 367. 
 
 FUNDI PATRIMONIALES. Lands of in- 
 heritance. 
 
 FUNDING. The term "funding" has 
 been sometimes applied in this country to 
 the process of collecting together a variety 
 of outstanding debts against corporations, 
 the principal of which was payable at short 
 periods, and borrowing money upon the 
 bonds or stocks of the corporation to pay 
 them off. 14 N. Y. 367. 
 
 FUNDING A DEBT. The pledging of a 
 specific fund to keep down the interest, and 
 ultimately discharge the principal. When 
 the extinguishment of the debt is contem- 
 plated, it is called a "sinking fund." 
 
 FUNDING BONDS. Funding and refund- 
 ing bonds are those issued to pay off prior 
 indebtedness. If issued merely to pay float- 
 ing indebtedness they are generally re- 
 . ferred to as "funding" bonds, while if issued 
 to take up other bonds they are usually 
 called "refunding" bonds. 2 Fletcher Cyclo- 
 pedia Corporations 1920. 
 
 FUNDITORES. Pioneers. Jacob. 
 
 FUNDS. In Its most restricted sense, 
 cash on hand. In a wider sense it includes 
 commercial paper (3 B. Mon. [Ky.] 8) ; in a 
 still more extended sense, property of every 
 kind, when such property is contemplated 
 as something to be used or applied in the 
 payment of debts (69 Iowa, 278). 
 
 FUNDUS (Lat. land). A portion of ter- 
 ritory belonging to a person; a farm; lands, 
 including houses. 4 Coke, 87; Co. Litt. 5a; 
 3 Sharswood, Bl. Comm. 209. 
 
 FUNERAL EXPENSES. Money expend- 
 ed in procuring the interment of a corpse. 
 
 The nature and extent of the allowance 
 for funeral expense varies with the solvency 
 of the estate, and the discretion of the sur- 
 rogate, so that it is impossible to define the 
 scope of the terms. 3 Eedf. Wills, 243. 
 
 "Funeral expenses have been held to in- 
 clude carriage hire to convey the family and 
 friends to the place of interment (44 Miss. 
 124), suitable gravestones (30 Conn. 209), 
 monuments (77 Pa. St. 49), burial plots (5 
 
 Redf. Sur. [N. Y.] 484), and vaults (14 
 Serg. & R. [Pa.] 64) ; also mourning ap- 
 parel to enable the widow and children to 
 attend decently at the funeral," 1 Ashm. 
 (Pa.) 316; 2 Woerner, Admn. 761. 
 
 FUNGIBLE. A term applicable to things 
 that are consumed by the use, as wine, oil, 
 etc., the loan of which is subject to certain 
 rules, and governed by the contract called 
 mutuum. See Schmidt, Civ. Law, 145; Story, 
 Bailm.; 1 Bouv. Inst, notes 987, 1098. 
 
 FUR (Lat. a thief). One who stole with- 
 out using force, as distinguished from a 
 robber. See "Furtum." 
 
 FUR MANIFESTUS (Lat.) In the civil 
 law. A manifest thief ; a thief who is taken 
 in the very act of stealing, or in the place' 
 where the theft was committed. Inst. 4. 1. 
 3; Dig. 47. 2. 3. 
 
 FURANDI ANIMUS. See "Animus." 
 
 FURCA. A fork; a gallows or gibbet. 
 Bracton, fol. 56, 
 
 FURCA ET FLAGELLUM (Lat. gallows 
 and whip) . The meanest of servile tenures, 
 where the bondman was at the disposal of 
 the lord for life and limb. Cowell. 
 
 FURCA ET FOSSA (Lat. gallows and 
 pit). A jurisdiction of punishing felons, — 
 the men by hanging, the women by drown- 
 ing. Skene de Verb. Sign.; Spelman; Cow- 
 ell. 
 
 FURIGELDUM. Mulct paid for theft. Ja- 
 cob. 
 
 FURIOSI NULLA VOLUNTAS EST. A 
 
 madman has no will. Dig. 50. 17. 5; Id. 1. 
 18. 13. 1; Broom, Leg. Max. (3d London 
 Ed.) 282. 
 
 FURIOSITY. In Scotch law. Madness, as 
 distinguished from fatuity or idiocy. 
 
 FURIOSUS (Lat.) An insane man; a 
 madman; a lunatic. 
 
 In general, such a man can make no con- 
 tract, because he has no capacity or will: 
 Furiosus nullum negotium gerere potest, 
 quia non intelligit qiiod agit. Inst. 3. 20. 8. 
 Indeed, he is considered so incapable of ex- 
 ercising a will that the law treats him as 
 if he were absent: Furiosi nulla voluntas 
 est. Furiosus absentis loco est. Dig. 1. ult. 
 40. 124. 1. See "Insanity"; "Non Compos 
 Mentis." 
 
 FURIOSUS ABSENTIS LOCO EST. A 
 madman is considered as absent. Dig. 50. 
 17. 24, 1, 
 
 FURIOSUS NULLUM NEGOTIUM CON- 
 trahere (gerere) potest (quia non Intelligit 
 quod agIt). A lunatic cannot make a con- 
 tract. Dig, 50. 17. 5; 1 Story, Cont. (4th 
 Ed.) p. 76, 
 
FURIOSUS SOLO FURORE 
 
 442 
 
 PURTUM GRAVE 
 
 FURIOSUS SOLO FURORE PUNITUR. 
 
 A madman is punished by his madness alone. 
 Co. Litt. 247; Broom, Leg. Max. (3d Lon- 
 don Ed.) 14; 4 Sharswood, Bl. Comm. 24, 
 25. 
 
 FURIOSUS STIPULARI NON POTEST 
 nee aliquod negotium agere, qui non intel- 
 ligit quid agit. An insane person who knows 
 not what he does cannot make a bargain, 
 nor transact any business. 4 Coke, 126. 
 
 FURLiNGUS (Lat.) A furlong, or a fur- 
 row one-eighth part of a mile long. Co. Litt. 
 5b. 
 
 FURLONG. A measure of length, being 
 forty poles, or one-eighth of a mile. 
 
 FURLOUGIH. A permission given in the 
 army and navy to an officer or private to 
 absent himself for a limited time. 
 
 FURNAGE (from furnus, an oven). A 
 sum of money paid to the lord by the ten- 
 'ants, who were bound by their tenure to 
 bake at the lord's oven, for the privilege 
 of baking elsewhere. The word is also used 
 to signify the gain or profit taken and re- 
 ceived for baking. 
 
 FURNITURE. Personal chattels in the 
 use of a family. By the term "household 
 furniture" in a will, all personal chattels 
 will pass which may contribute to the use 
 or convenience of the householder, or the 
 ornament of the house; as, plate, linen, 
 china (both useful and ornamental), and 
 pictures. Ambl. 610; 1 Johns. Ch. (N. Y.) 
 329, 388; 1 Sim. & S. 189; 3 Russ. 301; 2 
 Williams, Ex'rs, 752; 1 Rop. Leg. 203, 204; 
 3 Ves. 312, 313. 
 
 "It [the word "furniture"] is very general 
 both in meaning and application, and its 
 meaning changes so as to take the color of, 
 or to be in accord with the subject to which 
 it is applied." The articles spoken of as 
 furniture of different places, as of a house, 
 a ship, or a store, "differ in kind according 
 to the purposes which they are intended to 
 subserve; yet, being put and employed in 
 the several places as the equipment thereof 
 for ornament, or to promote comfort or to 
 facilitate the business therein done, and be- 
 ing kept or intended to be kept for those 
 or some of those purposes, they pertain to 
 such places, and constitute the furniture 
 thereof." 63 Ala. 401. 
 
 FURNITURE OF A SHIP. This term In- 
 cludes everjrtihing with which a ship requires 
 to be furnished or equipped to make her 
 seaworthy. It comprehends all articles fur- 
 nished by ship chandlers, which are almost 
 innumerable. 1 Wall. Jr. (U. S.) 369. 
 
 FURNIVAL'S INN. Formerly an Inn of 
 chancery. See "Inns of Chancery." 
 
 FUROR CONTRAHI MATRIMONIUM 
 non sinit, quia consensu opus est. Insanity 
 prevents marriage from being contracted. 
 
 because consent is needed. 1 Ves. & B. 140; 
 1 Bl. Comm. 439; 4 Johns. Ch. (N. Y.) 343, 
 345. 
 
 FURST AND FONDUNG (Saxon). Time 
 to advise or take counsel. Laws Hen. I. c. 
 46; Whishaw. 
 
 FURTHER ADVANCE. A second or sub- 
 sequent loan of money to a mortgagor by 
 a mortgagee, either upon the same security 
 as the original loan was advanced upon, or 
 an additional security. Equity considers the 
 arrears of interest on a mortgage security 
 converted into principal, by agreement be- 
 tween the parties, as a further advance. 
 Wharton. 
 
 FURTHER ASSURANCE. This phrase is 
 frequently used in covenants when a cove- 
 nantor has granted an estate, and it is sup- 
 posed some further conveyance may be re- 
 quired. He then enters into a covenant for 
 further assurance, that is, to make any 
 other conveyance which may be lawfully re- 
 quired. 
 
 FURTHER DIRECTIONS. When a mas- 
 ter ordinary in chancery made a report in 
 pursuance of a decree or decretal order, the 
 cause was again set down before the judge 
 who made the decree or order, to be proceed- 
 ed with. Where a master made a separate 
 report, or one not in pursuance of a decree 
 or decretal order, a petition for consequen- 
 tial directions had to be presented, since the 
 cause could not be set down for further di- 
 rections under such circumstances. See 2 
 Daniell, Ch. Pr. (5th Ed;) 1233, note; Ea- 
 palje & L. 
 
 FURTHER HEARING. In practice. Hear- 
 ing at another time. 
 
 FURTHER MAINTENANCE OF AC 
 tion, plea to. A plea of matter arising since 
 the commencement of the suit. 
 
 FURTUIVI (Lat. theft). The fraudulent ap- 
 propriation to one's self of the property of 
 another, with an intention to commit theft, 
 without the consent of the owner. Fleta, 
 lib. 1, c. 36; Bracton, 150; 3 Inst. 107. 
 
 The thing which has been stolen. Brac- 
 ton, 151. 
 
 FURTUIVI CONCEPTUM. (Lat.) The 
 theft which was disclosed where, upon 
 searching any one in the presence of wit- 
 nesses in due form, the thing stolen is 
 found. "Detected theft" is, perhaps, the 
 nearest concise translation of the phrase, 
 though not quite exact. Vicat, 
 
 FURTUM EST CONTRECTATIO REI 
 alienae fraudulenta, cum animo furandl, in- 
 vito illo domino cujus res Ilia fuerat. Theft 
 is the fraudulent handling of another's prop- 
 erty, with an intention of stealing, against 
 the will of the proprietor, whose property 
 it was. 3 Inst. 107. 
 
 FURTUIVI GRAVE (Lat. aggravated 
 theft). Formerly, there were three classes 
 
PURTUM MANIFESTUM 
 
 443 
 
 FYRDWITE 
 
 of this theft: First, by landed men; sec- 
 ond, by a trustee or one holding property 
 under a trust; third, theft of the majora 
 animalia, larger animals, including children. 
 1 Bouv. Civ. Law, 352, note; Bell, Diet. 
 
 FURTUM MANIFESTUM (Lat. open 
 theft) . Theft where a thief is caught with 
 the property in his possession. Bracton, 
 150b, 
 
 FURTUM NON EST UBI INITIUM HA- 
 
 bet detentionis per dominum rei. It is not 
 theft where the commencement of the deten- 
 tion arises through the owner of the thing. 
 3 Inst. 107. 
 
 FURTUM OBLATUM (Lat.) The theft 
 committed when stolen property is offered 
 any one and found upon him; the crime of 
 receiving stolen property. Calv. Lex.; Vi- 
 cat. 
 
 FUSTIGATIO. In old English law. A beat- 
 ing with sticks or clubs; one of the ancient 
 kinds of punishment of malefactors. Brac- 
 ton, fol. 104b, lib. 3, tr. 1, c. 6. 
 
 FUSTIS. In old English law. A staff, 
 used in making livery of seisin. Bracton, 
 fol. 40. 
 
 A baton, club, or cudgel. Spelman. 
 
 FUTURE DEBT. In Scotch law. A debt 
 which is created, but which will not become 
 due till a future day. 1 Bell, Comm. (5th 
 Ed.) 315. 
 
 FUTURE ESTATE. An estate which is to 
 commence in possession in the future {in 
 futuro). It includes remainders, reversions, 
 and estates limited to commence in futuro 
 without a particular estate to support them, 
 which last are not good at common law, ex- 
 cept in the case of terms for years. See 2 
 Sharswood, Bl. Comm. 165. In New York 
 law it has been defined as "an estate limited 
 to commence in possession at a future day, 
 either without the intervention of a pre- 
 cedent estate, or on the determination by 
 lapse of time, or otherwise, of a precedent 
 estate created at the same time," thus ex- 
 
 cluding reversions, which cannot be said to 
 be created at the same time, because they 
 are a remnant of the original estate remain- 
 ing in the grantor. 11 Rev. St. N. Y. (3d 
 Ed.) 9, § 10. 
 
 FUTURES. See "Gambling Contract." 
 
 FUTURI (Lat. those who are to be). Part 
 of the commencement of old deeds. "Seiant 
 praesentes et futuri, quod ego, talis, dedi et 
 concessi," etc., let all men now living and 
 to come know that I, A. B., have, etc. Brac- 
 ton, 34b. 
 
 FU2, or FUST. A wood or forest. 
 
 FYHTWITE. 
 for homicide. 
 
 One of the fines incurred 
 
 FYLE, or FFYLE (Scotch). In old Scotch 
 practice. To declare or find guilty; liter- 
 ally, to defile; to make or declare foul; as 
 clenge was to acquit, literally to clean or 
 cleanse. "Swa that he quha, of his con- 
 science, can nocht clenge, he of neccessitie 
 mon fyle." 1 Pitc. Crim. Tr. pt. 1, p. 314. 
 "The assjise in ane voce ffylis the said R. 
 W." 2 Pitc. Crim. Tr. 73, 
 
 FYLIT. In old Scotch practice. Fyled; 
 found guilty. See "Fyle." 
 
 FYNDERINGA (Saxon). An offense or 
 trespass for which the fine or compensation 
 was reserved to the king's pleasure. Leg. 
 Hen. I. c. 10. Its nature is not known, 
 Spelman reads fynderinga, and interprets it 
 "treasure trove" ; but Cowell reads fyrderin- 
 ga, and interprets it a joining of the king's 
 fird or host, a neglect to do which was pun- 
 ished by a fine called "firdnite." See Cow- 
 ell; Spelman, Du Cange agrees with Cowell. 
 
 FYRD. The military array or land force 
 of the whole country. Contribution to the 
 fyrd was one of the imposts forming the 
 trinoda necessitas. Wharton. 
 
 FYRDWITE. The fine incurred by neg- 
 lecting to join the fyrd; one of the rights 
 of the crown. Anc. Inst. Eng. 
 
444 
 
 GAMBLING CONTRACT 
 
 G 
 
 G. In Law French. Frequently used at 
 the beginning of words to express the Eng- 
 lish "W."; as "gage" for 
 age" for "wainage," and the like. 
 
 GABEL, GAFOL, or GAVEL. A tax, im- 
 position, or duty. This word is said to have 
 the same signification that gabelle formerly 
 had in France. Cunningham. But this 
 seems to be an error; for gabelle signified 
 in that country, previous to its revolution, 
 a duty upon salt. Merlin, Repert. Lord 
 Coke says that gabel or gavel, gablum, 
 gabellum, gabeUetum, galbelletum, and 
 gavillettum, signify a rent, duty, or service 
 yielded or done to the king or any other 
 lord. Co. Litt. 142a. 
 
 GAB ELLA. In old European law. A tax 
 or duty on merchandise or personalty. Spel- 
 man; Cowell. 
 
 A tax on salt in France. Spelman; 
 Brande. 
 
 GABLUM, GABULUM, or GABULA. The 
 gable end of a building. Kennett, Par. Ant. 
 p. 201; Cowell. 
 
 A tax. Du Cange. 
 
 GABULUS DENARIORUM. Rent paid In 
 money. Seld. Tit. Hon. 321. 
 
 GAFOLGILD, or GAFFOLDGILD. The 
 . payment of rent or income. 
 
 Gafolgild, payment of such rent, etc. Ga- 
 folland was land liable to tribute or tax 
 (Cowell); or land rented (Saxon Diet.). 
 See Tayl. Hist. Gavelkind, pp. 26, 27, 1021; 
 Anc. Inst. Eng. 
 
 GAGE, or GAGER (Law Lat. vadium) . 
 Personal property placed by a debtor in 
 possession of his creditor as a security for 
 the payment of his debt; a pledge or pawn 
 (g. v.). Glanv. lib. 10, c. 6; Britt. c. 27. 
 
 To pledge; to wage. Webster. 
 
 Gager is used both as noun and verb; 
 «• 9; gager del ley, wager of law. Jacob. 
 Gager ley, to wage law. Britt. c. 27. Gager 
 deliverance, to put in sureties to deliver 
 cattle distrained. Termes de la Ley; Kitch. 
 Cts. fol. 145; Fitzh. Nat. Brev. fols. 67, 74. 
 
 A mortgage is a dead gage or pledge; 
 for, whatsoever profit it yields, it redeems 
 not itself, unless the whole amount secured 
 is paid at the appointed time. Cowell. 
 
 GAGE, ESTATES IN. Estates held in se- 
 curity, of which mortgages are the most 
 common example. 
 
 GAGER DE DELIVERANCE. When he 
 who has distrained, being sued, has not 
 delivered the cattle distrained, then he shall 
 not only avow the distress, but gager de- 
 liverance, i. e., put in surety or pledge that 
 he will deliver them. Fitzh. Nat. Brev. 
 
 GAGER DEL LEY. Wager of law, 
 
 GAIN. Profits. 
 
 A mutual insurance company is an asso- 
 ciation for the purpose of "gain"; the re- 
 duction of a loss being a gain. 51 L. J. Ch. 
 Div. 344. 
 
 GAINAGE. Wainage, or the draught oxen, 
 horses, wain, plough, and furniture for car- 
 rying on the work of tillage. Also, the land 
 tilled itself, or the profit arising from it. 
 Old Nat. Brev. fol. 117. 
 
 Gainor, the sokeman that hath such land 
 in occupation. Old Nat. Brev. fol. 12. 
 
 GAINERY. Tillage, or the profit of tillage. 
 Blount. 
 
 GAJUM (from gagium). In old European 
 law. A thick wood. Spelman. 
 
 GALE. In English law. The right to open 
 and work a mine within the hundred of St. 
 Briavels, or a stone quarry within the open 
 lands of the forest of Dean, in Gloucester- 
 shire. The peculiar laws and customs of 
 this district are regulated by St. 1 & 2 Vict. 
 c. 43. 
 
 GALEA. A galley. Spelman. 
 
 GALENES. In old Scotch law. A kind of 
 compensation for slaughter. Bell, Diet. 
 
 GALLI HALPENS, or GALLI HALF- 
 pence. A kind of coin which, with suskins 
 and doitkins, was forbidden by St. 3 Hen. 
 V. c. 1, 4 Bl. Comm. 99; 3 Reeve, Hist. 
 Eng. Law, 261. 
 
 GALLOWS. An erection on which to 
 hang criminals condemned to death. 
 
 GAM ACTA (Law Lat.) In old European 
 law. A stroke or blow. L. Boior, tit. 2, c. 
 4; Spelman. 
 
 GAMALIS (Law Lat.) In old European 
 law. A child born in lawful wedlock; also 
 one born to betrothed, but unmarried, par- 
 ents. Spelman. 
 
 GAMBLING. See "Gaming." 
 
 GAMBLING CONTRACT. One in which 
 the parties in effect stipulate that they 
 shall gain or lose upon the happening of an 
 uncertain event in which they have no in- 
 terest except that arising from the possi- 
 bility of such gain or loss. 153 Pa. St. 247. 
 
 Gambling contracts may be by bet or 
 wager (g. v.), which is their simplest form; 
 by lottery (g. v.) ; or they may be disguised 
 in the form of a legitimate transaction, the 
 ordinary form being by dealing in futures 
 (g. 1).) infra. The validity of such contracts 
 depends on whether the intention of the 
 parties at the inception is to deliver 
 
GAMBLING CONTRACT 
 
 445 
 
 GAMBLING CONTRACT 
 
 the goods bargained for, or to settle on the 
 basis of difference in price (155 III. 617; 
 53 N. Y. 318; 69 Wis. 197). The course 
 of speculative dealing has given rise to a 
 number of technical terms, some of which 
 are here defined. 
 
 "Bulls and Bears." See infra, this title, 
 "Long"; "Short." 
 
 "Corner." An artificial scarcity created 
 by holding property off the market for the 
 extortion of abnormally high prices. 
 Where the purchases of any party or par- 
 ties exceed the amount of contract grain 
 in regular warehouses on the last delivery 
 day of the month for which such purchases 
 have been made, the grain so bought is said 
 to be cornered. 
 
 "Cover." The buying in of grain or 
 stocks to fill short contracts is called "cov- 
 ering." 
 
 "Covering shorts." Buying in property to 
 fill contracts (usually for future delivery) 
 previously made. 
 
 "Delivery." When stock is brought to the 
 buyer in exact accordance with the rules 
 of the stock exchange it is called a "good 
 delivery." When there are irregularities, 
 the shares being of unacceptable issues, or 
 the rules of the exchange being contra- 
 vened in some particular, the delivery is 
 pronounced "bad," and the buyer can ap- 
 peal to the board. Also when warehouse 
 receipts for grain are delivered in fulfill- 
 ment of contracts. 
 
 "For a turn." Said of a speculative in- 
 vestment for a small profit or loss. A quick 
 play. A "flyer." See infra, this title, "Scalp- 
 ing." 
 
 "Futures." Buyers of cash product? pro- 
 tect themselves against possible loss by 
 selling an agreed amount for future deliv- 
 ery in some general market. Such con- 
 tracts are called "futures" because they do 
 not terminate until some designated month 
 in the future. These transactions pass from 
 hand to hand, and may be turned over hun- 
 dreds and thousands of times in an active 
 market before maturity, and this is called 
 "dealing in futures." Nearly all speculative 
 operations are in futures. 
 
 "Hedge." The operation called "hedging" 
 by speculators is practically the same as 
 "straddling," though the terms are not 
 synonymous. Traders hedge to avert a loss, 
 and straddle for a profit. See infra, this 
 title, "Straddle." 
 
 "Holding the market." Buying sufficient 
 stock or commodities to keep the price from 
 declining. 
 
 "In sight." Said of stocks of grain, cot- 
 ton, coffee, or other merchandise available 
 for immediate use. Grain stored in private 
 Warehouses, or held by producers, is not 
 usually included in the supply "in sight." 
 "Insiders." Those who own a controlling 
 interest or an important interest in the 
 stocks of a concern, and* who are therefore 
 influential in directing its affairs. 
 
 "Investment buying." This phrase is gen- 
 erally used in contradistinction to buying 
 
 for speculation, or for a quick turn in tbfe 
 market. It is understood to mean buying 
 -to hold for a considerable time. 
 
 "Long." One who has property bought 
 in anticipation of a rise in price. Hence, 
 for a trader to be "long" of stocks or grain 
 presupposes him to be a "bull." Also used 
 adjectively. 
 
 "Long interest." The aggregate amount 
 of investment holdings in any speculative 
 market. 
 
 "Long market." A market that is over- 
 bought, the volume of open contracts to 
 buy property for future delivery being in 
 dangerous excess of the probable demand. 
 "Margin." Money or collaterals deposited 
 with a broker to protect contracts, usually 
 for future delivery. 
 
 "Option." Property bought or sold at 
 the call or demand of the buyer or seller, 
 as may be specified; a conditional contract. 
 
 "Outsiders." The general trading public. 
 The investors in stock or grain who base 
 their judgment largely on the general situa- 
 tion. 
 
 "Pegged." Said of a market that refuses 
 either to advance or to decline, because 
 brokers have been supplied with selling or 
 buying orders in excess of the demand. 
 
 "Privileges." "Puts" and "calls." A "pMt" 
 is the privilege or option, which a person 
 purchases, of "putting," i. e., delivering 
 property or contracts for property to the 
 seller of such privilege, at a named price, 
 within a stipulated time, — one or more days, 
 weeks, or months. "Puts" are good (from 
 the buyer's standpoint) when the market 
 declines below the "put" price within the 
 time covered by the privilege contract. The 
 buyer can then buy the property at the 
 cheaper figure, and "put" it to the person 
 who sold him the risk, his profit being the 
 difference between the "put" price and the 
 quotation at which the property is bought 
 with which to make the delivery. A "call" 
 is the reverse of a "put," the purchaser 
 of a "call" acquiring the right to "call" 
 upon the seller of the privilege for prop- 
 erty, or contracts for property, at a named 
 price, vrithin a stipulated time. "Calls" are 
 good when the market advances above the 
 call price, and the buyer of such privilege 
 is enabled to sell at a profit the property 
 "called" from the seller of the privilege. 
 Trading in privileges is illegal in some 
 states, notably in Illinois. 
 
 "Pyramiding." Enlarging one's opera- 
 tions by the use of profits which one has 
 made. 
 
 "Scalper.'' One who trades in options 
 continually, and, by reading the temper of 
 the market at the moment, tries to get a 
 profit out of the minor fluctuations. 
 
 "Scalping." Buying and selling on small 
 fluctuations of the market. Taking a small 
 profit or a small loss. 
 
 "Short," or "Short interest." The seller 
 of a property which he does not possess and 
 will not deliver until he has afterwards 
 bought the same is called a "short." He is. 
 
GAMBLING DEVICE 
 
 446 
 
 GAMING 
 
 by necessity, a "bear." The aggregate 
 amount of such shortage by these sellers is 
 called the "short interest." 
 
 "Short market." A market that is over- 
 sold; the volume of open contracts to de- 
 liver property being in dangerous excess 
 of available supply. 
 
 "Short selling." The process of selling 
 property for future delivery, in the expec- 
 tation of being able to obtain the property 
 cheaper before the maturity of contract, or 
 of being able to close out the contract at a 
 profit without the actual delivery of the 
 property. 
 
 "Split." A transaction, one-half at one 
 quotation and one-half at another. For in- 
 stance, the quotation 53-%-% means that 
 one-half of the quantity traded in was at 
 53% and the other half at 53%. This quo- 
 tation is just half-way between 53% and 
 53%. Only an even number of thousand 
 bushels can be traded in on a split, as, for 
 instance, 2,000, 6,000, 10,000, etc. 
 
 "Spread." A "spread" is a double priv- 
 ilege entitling the holder to deliver to, or 
 to demand from, the signer a certain 
 amount of stock on the terms specified. Dif- 
 ferences in prices, as between May and July 
 wheat, or between the put and call price, 
 or between the price of the same option in 
 different cities. 
 
 "Squeezed." Said of "short sellers," who, 
 by reason of having oversold the market, 
 are forced to pay an artificially high price 
 for property with which to fill contracts. 
 
 "Stop order." An operator may give his 
 broker orders to close out his deals when 
 the market goes against _ him, _ and when 
 quotations reach a certain point, and in 
 that case he is said to have given a "stop 
 order." When a declining market is filled 
 with "stop orders" to sell, the bears may 
 make extraordinary efforts tp force quota- 
 tions down to a point which reaches the 
 "stop orders," and which will thus throw 
 on the market more securities or commodi- 
 ties. In the same way, on an advancing 
 market, the bulls may endeavor to raise 
 quotations to a point that will reach stop 
 orders of short sellers, and force their 
 brokers to become buyers. 
 
 "Straddle." A trader who is "long" of 
 one option and "short" of another option 
 has "straddled" the market. Example: A. 
 buys corn for May delivery, and sells an 
 equal amount for December delivery, in 
 the expectation that the former will ad- 
 vance and the latter decline. It is also 
 called a "straddle" when a trader buys 
 property for future delivery in one market, 
 and sells in another. 
 
 "Wash trades." Pretended trading. Trades 
 made on an open market by parties between 
 whom there is a tacit or private under- 
 standing that they shall be void. Done with 
 a view to influence prices, and considered 
 a reprehensible practice. 
 
 GAMBLING DEVICE, or GAMING DE- 
 vice. Any appliance or contrivance used 
 for the purpose of gambling. 
 
 The game played, the intangible result 
 of the device, is to be distinguished from 
 the device. Thus, the game of poker is not 
 a "gambling device," 2 Orig. 238, 
 
 GAMBLING POLICY. A policy of life in- 
 surance issued to one as beneficiary who 
 has no interest in the life of the insured. 
 
 GAME. Birds and beasts of a wild nature, 
 obtained by fowling and hunting. Bac. Abr. 
 See 11 Mete. (Mass.) 79, 
 
 All sorts of birds and beasts that are ob- 
 jects of the chase, Wharton, 
 
 Sports. In our language, the word 
 
 game has a very broad and comprehensive 
 signification. It means sport of any kind, 
 and means physical contests, whether of 
 man or beast, when practiced for the pur- 
 pose of deciding wagers or rewards, or for 
 the purpose of diversion, as well as games 
 of hazard or skill by means of instruments 
 or devices. Such were the Olympic and 
 Nemean games among the Greeks, the for- 
 mer of which are lately being revived, and 
 Appollinarian and Capitoline games among 
 the Komans. 23 III. 440, 
 
 GAME LAWS. Laws regulating the kill- 
 ing or taking of birds and beasts, as game. 
 
 The English game laws are founded on 
 the idea of restricting the right of taking 
 game to certain privileged classes, generally 
 landholders. In 1831, the law was so modi- 
 fied as to enable any one to obtain a cer- 
 tificate or license to kill game, on payment 
 of a fee. The laws relating to game in the 
 United States are generally, if not uni- 
 versally, framed with reference to protect- 
 ing the animals from indiscriminate and 
 unreasonable havoc, leaving all persons free 
 to take game, under certain restrictions as 
 to the season of the year and the means 
 of capture. The details of these regulations 
 must be sought in the statutes of the several 
 states. 60 N. Y, 10; 97 111. 320. 
 
 GAMING, A contract between two or 
 more personSf by which they agree to play 
 by certain rules at cards, dice, or other 
 contrivance, and that one may be the loser, 
 and another the winner. 
 
 To stake money on a chance, Whart. 
 Grim. Law, § 1465. 
 
 Any sport or play carried on between 
 two persons, depending on skill, chance, or 
 the transpiring of an unknown future event, 
 on the result of which some valuable thing 
 is to be, without consideration, transferred 
 from one to the other. Bish. St, Crimes, 
 § 861, 
 
 The statutes against gaming are general- 
 ly confined to games into which an element 
 of chance enters. Thus, tenpins (8 Ired. 
 [N. C] 271), foot ball (1 Mod. 136), and 
 wrestling (2 Car. & P. 376) have been held 
 not to be gaming. 
 
 "Gaming" is synonymous with "gam- 
 bling." Bish. St. Crimes, § 858. 
 
 It is to be distinguished from "bet" or 
 "wager," which may be laid upon games, or 
 things not games. 9 Ind. 14. 
 
GAMING HOUSES 
 
 447 
 
 GARBLER OF SPICES 
 
 GAMING HOUSES. Houses kept for the 
 purpose of permitting persons to gamble 
 for money or other valuable thing. They 
 are nuisances in the eye of the law, being 
 detrimental to the public, as they promote 
 cheating and other corrupt practices. 1 
 Russ. Crimes, 299; Rose. Crim. Ev. 663; 3 
 Denio (N. Y.) 101. 
 
 A house, ofBce, room, or other place kept 
 for the purpose of betting between persons 
 resorting thereto. Steph. Crim. Law, art. 
 182. 
 
 GANANCIAL. In Spanish law. Property 
 held in community. 
 
 The property of which it is formed be- 
 longs in common to the two consorts, and, 
 on the dissolution of the marriage, is divis- 
 ible between them in equal shares. It is 
 confined to their future acquisitions durante 
 el matrimonio, and the frutos or rents and 
 profits of the other property. 1 Surge, Confl. 
 Laws, 418, 419; Aso & M. Inst. bk. 1, tit. 
 7, c. 5, § 1. 
 
 GANANCIAL PROPERTY. That which 
 husband and wife, living together, acquire 
 during matrimony, by a common title, lucra- 
 tive or onerous; or those which husband and 
 wife or either acquire by purchase, or by 
 their labor and industry, as also the fruits 
 of the separate property which each brings 
 to the matrimony or acquires by lucrative 
 title during the continuance of the partner- 
 ship. 18 Tex. 634. 
 
 GANANCIAS (Spanish). In Spanish law. 
 Gains or profits resulting from the employ- 
 ment of property held by husband and wife 
 in common. White, New Recop. bk. 1, tit. 7, 
 c. 5. 
 
 GANG WEEK. The time when the bounds 
 of the parish are lustrated or gone over by 
 the parish officers, — rogation week. Enc. 
 Lond.; Rapalje & L. 
 
 GANGIATORI. Ofiicers in ancient times, 
 whose business it was to examine weights 
 and measures. Skene de Verb. Sign. 
 
 GANTELOPE. A military punishment, in 
 which the criminal running between the 
 ranks receive? a lash from each man. Enc. 
 Lond. This was called "running the gaunt- 
 lett," the word itself being pronounced 
 "gauntlett." 
 
 GAOL. This word, now generally written 
 "jail" is said to be derived from the Span- 
 ish jaula, a cage (derived from caula) ; in 
 French, geole, gaol. 1 Man. «& G. 222, note 
 (a). A prison or building designated by 
 law or used by the sheriff for the confine- 
 ment or detention of those whose persons 
 are judicially ordered to be kept in custody. 
 See 6 Johns. (N. Y.) 22; 14 Viner, Abr. 9; 
 Bac. Abr.; Dane, Abr. Index; 4 Comyn, 
 Dig. 619. See "Jail." 
 
 GAOL DELIVERY. In English law. To 
 insure the trial, within a certain timej of 
 
 all prisoners, a patent, in the nature of a 
 letter, is issued from the king to certain 
 persons, appointing them his justices, and 
 authorizing them to deliver his gaols. See 
 "General Gaol Delivery." 
 
 GAOL LIBERTIES, or GAOL LIMITS. A 
 
 space, marked out by limits, which is con- 
 sidered as a part of the prison, and within 
 which prisoners are allowed to go at large 
 on giving security to return. Owing to the 
 rigor of the law which allowed capias, or 
 attachment of the person, as the first pro- 
 cess against a debtor, statutes were from 
 time to time passed enlarging the gaol lib- 
 erties, in order to mitigate the hardships 
 of imprisonment. Thus, the whole city of 
 Boston was held the "gaol liberties" of its 
 county gaol. And so with a large part of 
 New York City. Act March 13, 1830 (3 Rev. 
 St. N. Y. 1829, App. 116). The prisoner, 
 while within the limits, is considered as 
 within the walls of the prison. 6 Johns. (N, 
 Y.) 121. 
 
 GAOLER. The keeper of a gaol or prison; 
 one who has the legal custody of the place 
 where prisoners are kept. It is his duty to 
 keep the prisoners in safe custody, and for 
 this purpose he may use all necessary 
 force. 1 Hale, P. C. 601. But any oppres- 
 sion of a prisoner under a pretended neces- 
 sity will be punished; for the prisoner, 
 whether he be a debtor or a criminal, is 
 entitled to the protection of the laws from 
 oppression. 
 
 GARANDIA, or GARANTIA (Law Lat.) A 
 warranty. Spelman. 
 
 GARATHINX (Lomb.) In old Lombardic 
 law. A gift; a free or absolute gift; a gift 
 of the whole of a thing. Spelman. 
 
 GARAUNTOR. A warrantor or vouchee, 
 who is obliged by his warranty {garaurv- 
 tie) to warrant (garaunter) the title of the 
 warrantee (garaunte) , that is, to defend him 
 in his seisin, and if he do not defend, and 
 the tenant be ousted, to give him land of 
 equal value. Britt. c. 75. 
 
 GARBA (Law Lat.) In old English law. 
 A bundle or sheaf. Applied to bundles of 
 grain (Bracton, fol. 209), sheaves of ar- 
 rows (Skene de Verb. Sign.), etc. 
 
 GARBALLO DECIMAE (Law Lat. from 
 garba, a sheaf). In Scotch law. Tithes of 
 corn; such as wheat, barley, oats, pease, 
 etc. Also called parsonage tithes (decimae 
 rectoriae). Ersk. Inst, bk, 11, tit. 10, § 13. 
 
 GARBLE. In old English statutes. To sort 
 or cull out the good from the bad in spices, 
 drugs, etc. Cowell; Blount. 
 
 GARBLER OF SPICES. An ancient offi- 
 cer in the city of London, who might enter 
 into any shop, warehouse, etc., to view and 
 search drugs and spices, and garble and 
 make clean the same, or see that it be 
 done. St. 6 Anne, c. 16. 
 
GARD 
 
 448 
 
 GAVELBRED 
 
 GARD. A ward of a city. 
 
 GARDE. Custody; ward; care or keeping. 
 
 GARDEIN. A guardian. Britt. c. 35, 81. 
 Used as an English word in Co. Litt. 38b. 
 
 GARDEN. A piece of ground appropriated 
 to raising plants and flowers. 
 
 A garden is a parcel of a house, and 
 passes with it. 2 Coke, 32; Plowd. 171; Co. 
 Litt. 5b, 56a, 56b. But see P. Moore, 24; 
 Bac. Abr. "Grants" (I). 
 
 GARDIANUS (l.aw Lat.) In old English 
 law. A guardian, defender, or protector. In 
 feudal law, gardio. Spelman. 
 
 A warden. Gardianus ecclesiae, a church- 
 warden. Gardianus Quinque Portuum, war- 
 den of the Cinque Ports. Spelman. 
 
 GARDINUM (Law Lat.) In old English 
 law. A garden. Reg. Orig. lb, 2; Fleta, lib. 
 4, c. 19, § 8. 
 
 GARENE (Law Fr.) A warren; a privi- 
 leged place for keeping animals. Britt. c. 
 19. 
 
 GARNISH. 
 
 In English Law. Money paid by a 
 
 prisoner to his fellow prisoners on his en- 
 trance into prison. 
 
 To warn. To garnish the heir is to warn 
 the heir. Obsolete. 
 
 In Practice. To attach by process of 
 
 garnishment. 
 
 GARNISHEE. In practice. A person who 
 has money or property in his possession be- 
 longing to a defendant, which money or 
 property has been attached in his hands, 
 and who has had notice of such attach- 
 ment. He is so called because he has had 
 warning or notice of the attachment. 
 
 Sometimes incorrectly used as a verb in 
 place of "garnish." 
 
 GARNISHMENT. 
 
 In Old Practice. A warning to any 
 
 one for his appearance, in a cause in which 
 he is not a party, for the information of 
 the court and explaining a cause. For ex- 
 ample, in the practice of Pennsylvania, when 
 an attachment issues against a debtor, in 
 order to secure to the plaintiff a claim due 
 by a third person to such debtor, notice is 
 given to such third person, which notice 
 is a garnishment, and he is called the "gar- 
 nishee." 
 
 In Modern Practice. A writ or pro- 
 cess by which money owing to a defendant 
 is attached in the hands of the creditor, 
 and the creditor is required to appear at 
 a designated time, and disclose the nature 
 and extent of the indebtedness. 
 
 In some sta,tes this process is called 
 "trustee process," in Connecticut "factoriz- 
 ing process," and in New York the term 
 "garnishment" is not used, it being classed 
 as an attachment. I 
 
 GARNISTURA. In old English law. Gar- 
 niture; whatever is necessary for the forti- 
 fication of a city or campj or for the orna- 
 ment of a thing. 8 Rymer, 328; Du Cange; 
 Cowell; Blount. 
 
 GARSUMNE. In old English law. An 
 amerciament or fine. Cowell. See "Gres- 
 sume"; "Grossome"; "Gersume." 
 
 GARTER. See "Knights of the Garter." 
 
 GARTH. In English Law. A yard; a little 
 close or homestead in the north of England. 
 Cowell; Blount. 
 
 A dam or wear in a river, for the catch- 
 ing of fish. Id. 
 
 GARYTOUR. In old Scotch law. Warder. 
 1 Pitc. Crim. Tr. pt. 1, p. 8. 
 
 GASACHIO, Gasachms. (L. Lat.) In old 
 European law. An adversary in a cause. L. 
 Salic, tit. 52, § 2. Spelman. 
 
 GASTALDUS. A steward or bailiff. 
 Spelman. Also applied to higher officers, as 
 a governor of a city. 
 
 In the book of feuds it seems to have 
 been used in the sense of "warden." 
 
 GASTINE (Law Fr.) Waste or unculti- 
 vated ground. Britt. c. 57. 
 
 GATE (Saxon, geat). At the end of 
 names of places, signifies way or path. Cun- 
 ningham. 
 
 In the words "beast gate" and "cattle 
 gate," it means a right of pasture. These 
 rights are local to Suffolk and Yorkshire, 
 respectively. They are considered as cor- 
 poreal hereditaments, for which ejectment 
 will lie (2 .Strange, 1084; 1 Term R. 137), 
 and are entirely distinct from right of 
 common. The right is sometimes connect- 
 ed with the duty of repairing the gates of 
 the pasture, and perhaps the name comes 
 from this. 
 
 GAUDIES. Double commons. 
 A term used in the English universities. 
 Wharton. 
 
 GAUGEATOR (Law Lat.) In old English 
 law. A ganger or gager. Cowell. 
 
 GAUGER. An officer appointed to exam- 
 ine all tuns, pipes, hogsheads, barrels, and 
 tierces of wine, oil, and other liquids, and to 
 give them a mark of allowance, as contain- 
 ing lawful measure. 
 
 GAUGETUM (Law Lat.) A gauge or 
 gauging. Blount. 
 
 GAVEL. In old English law. Tribute; 
 toll; custom; yearly revenue, of which 
 there were formerly various kinds. Jacob; 
 Tayl. Hist. Gavelkind, 26, 102. See "Ga- 
 bel." 
 
 GAVELBRED. In English Iaw._ Rent re- 
 served in bread, corn, or provisions; rent 
 payable in kind. Cowell. 
 
GAVELCESTER 
 
 449 
 
 GEMOT 
 
 GAVELCESTER. A certain meastire of 
 rent ale. Cowell. 
 
 GAVELET, A customary process, where- 
 by the lord of lands in gavelkind might 
 seize the land in the nature of a distress, 
 to be returned to the tenant in case he paid 
 the rent. Crabb, Hist. Eng. Law, 203. 
 
 GAVELGELD (Saxon, gavel, rent, geld, 
 payment) . That which yields annual profit 
 or toll; the tribute or toll itself. 3 Mon. 
 Angl. 155; Cowell; Du Cange, "Gavelgida." 
 
 GAVELHERTE. A customary service of 
 ploughing. Du Cange. 
 
 GAVEL I NG MEN. Tenants who paid a 
 reserved rent, besides some customary 
 duties to be done by them. Cowell. 
 
 GAVELKIND. The tenure by which al- 
 most all lands in England were held prior 
 to the Conquest, and which is still pre- 
 served in Kent. 
 
 ' All the sons of a tenant of gavelkind 
 lands take equally, or_ their heirs male and 
 female by representation. 104 111. App. 170. 
 The wife of such tenant is dowable of one- 
 half the lands. The husband of such ten- 
 ant has curtesy, whether issue be born or 
 not, but only of one-half while without is- 
 sue. Such lands do not escheat, except for 
 treason or want of heirs. The heir of such 
 lands may sell at fifteen years old, but 
 must himself give livery. The rule as to di- 
 vision among brothers, in default of sons 
 is the same as among the sons. 
 
 Lord Coke derives gavelkind from "gave 
 all kinde"; for this custom gave to all the 
 sons alike (1 Co. Litt. 140a) ; Lambard, 
 from gavel, rent, — ^that is, land of the kind 
 that pays rent or customary husbandry 
 work, in distinction from lands held by 
 knight service (Perambulations of Kent, 
 1656, p. 585). 
 
 GAVELLER. An officer of the English 
 crown having the general management of 
 the mines, pits, and quarries in the forest 
 of Dean and hundred of St. Briavels, sub- 
 ject, in some respects, to the control of the 
 commissioners of woods and forests. He 
 grants gales to free miners in their proper 
 order, accepts surrenders of gales, and 
 keeps the registers required by the acts. 
 There is a deputy gaveller, who appears 
 to exercise most of the gaveller's functions. 
 See "Gale." Rapalje & L. 
 
 GAVELMAN. A tenant who is liable to 
 tribute. Somn. Gavelkind, p. 33; Blount. 
 Gavelingmen were tenants who paid a re- 
 served rent, besides customary service, Cow- 
 ell. 
 
 GAVELMED. A customary service of 
 mowing meadow land or cutting grass 
 (consuetudo faleandi). Soran. Gavelkind, 
 Append.; Blount. 
 
 GAVELREP. In old English law. Bed- 
 reap or bidreap; the duty of reaping at the 
 
 bid or command of the lord. Somn. Gavel- 
 kind, 19, 21; Cowell. 
 
 GAVELWERK, or GAVELWEEK. A cus- 
 tomary service, either manuopera, by the 
 person of the tenant, or carropera, by his 
 carts or carriages. Phill. Purv.; Blount; 
 Somn. Gavelkind, 24; Du Cange. 
 
 GAYNAGE. (L. Fr.) Plough tackle, 
 or implements of Husbandy; wainage, Kel- 
 ham. 
 
 GAZETTE. The official newspaper of the 
 English government. It is published twice 
 each week, and contains all the acts of 
 state and proclamations, and also dissolu- 
 tions of partnership and notices of proceed- 
 ings in bankruptcy. Rapalje & L. 
 
 GEBOCCED (Saxon). Prom "hoc," a 
 writing conveyed. 
 
 GEBOCIAN (from Saxon hoc). To con- 
 vey boc land; the grantor being said to 
 gebocian the grantee of the land. 1 Reeve, 
 Hist. Eng. Law, 10. But the better opinion 
 would seem to be that boc land was not 
 transferable except by descent. See Du 
 Cange. 
 
 GEBURSCIP, or GEBURSCRIPT. Neigh- 
 borhood or adjoining district. Cowell. 
 
 GEBURUS. In old English law. A coun- 
 try neighbor; an inhabitant of the same 
 geburscip or village. Cowell. 
 
 GELD (from Saxon gildan; Law Lat. 
 geldum). A payment; tax; tribute. Laws 
 Hen. I. c. 2; Charta Edredi Regis apud In- 
 gulfum, c. 81; Mon. Angl. tit. 1, pp. 52, 211, 
 379; Id. tit, 2, pp. 161-163; Du Cange; 
 Blount. 
 
 The compensation for a crime. 
 
 We find geld added to the word denoting 
 the offense, or the thing injured or de- 
 stroyed, and the compound taking the mean- 
 ing of compensation for that offense, or the 
 value of that thing. Capitulare 3, Anno 813, 
 cc. 23, 25; Carl. Magn. So, wergeld, the 
 compensation for killing a man, or his val- 
 ue; or f geld, the value of cattle; angeld, the 
 value of a single thing; octogeld, the value 
 eight times over, etc. Du Cange, "Geldum." 
 
 GELDABILIS (Law Lat.) In old English 
 law. Taxable; geldable. 
 
 GELDABLE (Law Fr.) Liable to pay 
 geld; liable to be taxed. Kelham. 
 
 GEMMA (Lat.) In the civil law. A gem; 
 a precious stone. Gems were distinguished 
 by their transparency; such as emeralds, 
 chrysolites, amethysts. Dig. 34. 2. 19. 17. 
 
 GEMOT, or GEMOTE. (Saxon, from ge- 
 mettand, to meet or assemble; Law Lat. 
 gemotum). An assembly; a mote or moot, 
 meeting, or public assembly. 
 
 There were various kinds; as, the wit- 
 enagemot, or meeting of the wise men; the 
 
GENEALOGY 
 
 450 
 
 GENERAL 
 
 Jolcgemot, or general assembly of the peo- 
 ple; the shiregemot, or county court; the 
 burggemot, or borough court; the hun- 
 dredgemot, or hundred court; the halige- 
 mot, or court bai'on; the halmote, a conven- 
 tion of citizens in their public hall; the 
 holymote, or holy court; the sweing emote, or 
 forest court; the wa/rdmote, or warJ court. 
 Cunningham. 
 
 GENEALOGY. The summary history or 
 table of a house or family, showing how the 
 persons there named are connected together. 
 
 GENEARCH. The head of a family. Ra- 
 palje & L. 
 
 GENEATH (Saxon.) In Saxon law. A 
 villein, or agricultural tenant {villanus vil- 
 licus) ; a hind or farmer; (firmarius rusti- 
 cus) . Spelman. 
 
 GENER (Lat.) A son-in-law. 
 
 GENERAL. Principal; universal; com- 
 mon to all, or to the greatest number. 
 
 General Acceptance. Of a bill of ex- 
 change. An absolute acceptance precisely 
 in conformity to the tenor of the bill. 3 
 Bush (Ky.) 626. 
 
 Genera<l Agent. One authorized to 
 
 transact all his principal's business, or all 
 his business of a particular class. 94 Ala. 
 346; 41 Ind. 438. 
 
 A "general agent" is so called in distinc- 
 tion from a "special agent," whose author- 
 ity is for a particular purpose, and con- 
 fined to a particular act (49 N. Y. 555), 
 and "universal agent," who is authorized to 
 do any and every act which the principal 
 might do. Story, Ag. § 21. 
 
 General Appearance. See "Appear- 
 ance." 
 
 General Assembly, A name given in 
 
 some of the states to the senate and house 
 of representatives, which compose the legis- 
 lative body. 
 
 General Assignment. An assign- 
 ment of all the assignor's property; or one 
 for the benefit of all his creditors. 
 
 General Average. General average 
 
 contribution is defined to be a contribution 
 . by all the parties in a sea adventure to 
 make good the loss sustained by one of 
 ■their number on account of sacrifices vol- 
 untarily made on part of the ship or cargo 
 to save the residue and the lives of those 
 on board from an impending peril, or for 
 extraordinary expense necessarily incurred 
 by one or more of the parties for the gen- 
 eral benefit of all the interests embarked 
 in the enterprise. Losses which give a 
 claim to general average are usually di- 
 vided into two great classes: (1). Those 
 which arise from sacrifices of part of the 
 ship or part of the cargo, purposely made 
 in order to save the whole adventure from 
 perishing. (2). Those which arise out of 
 extraordinary expenses incurred for the 
 joint benefit of ship and cargo. 9 Wallace 
 (U. S.) 228. See also "Average." 
 
 I.) 228. 
 
 General Charge. The instructions 
 
 given by the court of its own motion, usual- 
 ly on the general aspects of the case, as 
 distinguished from those given on the re- 
 quest of a party. 
 
 General Covenant. One which relates 
 to lands generally, and places the cove- 
 nantee in the position of a specialty credi- 
 tor. Brown. 
 
 General Custom. One which obtains 
 
 through a whole country, as distinguished 
 from those peculiar to localities. 
 
 General Dan^ages. See "Damages." 
 
 General Demurrer. A demurrer not 
 
 indicating the precise ground of objection. 
 One going to substance. See "Demurrer." 
 
 General Deposit. A general deposit 
 
 is a deposit which is to be returned to the 
 depositor in kind. 141 111. 267. See, also, 
 "Deposit." 
 
 General Election. 
 
 (1) An election of officers throughout a 
 state. 17 JVIo. 511. 
 
 (2) An election of officers for the full 
 term, as distinguished from an election to 
 fill a vacancy. 52 Cal. 154. 
 
 (3) An election at a time appointed by 
 law, as distinguished from one called spe- 
 cially. 
 
 General Executor. One having gen- 
 eral charge of the estate of his testator, as 
 distinguished from a special executor ap- 
 pointed for a particular purpose or a lim- 
 ited time. 
 
 General Gaol Delivery. In English 
 
 law. One of the four commissions issued to 
 judges holding the assizes, which empowers 
 them to try and deliverance make of every 
 prisoner who shall be in the gaol when the 
 judges arrive at the circuit town, whether 
 an indictment has been preferred at any 
 previous assize or not. 
 
 It was anciently the course to issue spe- 
 cial writs of gaol delivery for each pris- 
 oner, which were called writs' de bono et 
 malo; but, these being found inconvenient 
 and oppressive, a general commission for 
 all the prisoners has long been established 
 in their stead. 4 Steph. Comm. 333, 334; 
 2 Hawk. P. C. 14, 28. 
 
 Under this authority, the gaol must be 
 cleared and delivered of all prisoners in it, 
 whenever or before whomever indicted, or 
 for whatever crime. Such deliverance takes 
 place when the person is either acquitted, 
 convicted, or sentenced to punishment. 
 Bracton, 110. 
 
 General Guardian. One who has full 
 
 general charge of the subject of guardian- 
 ship. 
 
 General Imparlance. In pleading. One 
 
 granted upon a prayer in which the de- 
 fendant reserves to himself no exceptions. 
 See "Imparlance." 
 
 General Issue. In pleading. A plea 
 
 which denies or traverses at once the whole 
 indictment or declaration, without offering 
 any special matter to evade it. 
 
 It is called the general issue because, by 
 importing an absolute and general denial of 
 
GENERAL 
 
 451 
 
 GENERAL 
 
 what is alleged in the indictment or dec- 
 laration, it amounts at once to an issue. 2 
 BI. Comm. 305. In the early manner of 
 pleading, the general issue was seldom 
 used except where the party meant wholly 
 to deny the charges alleged against him. 
 When he intended to excuse or palliate 
 the charge, a special plea was used to set 
 forth the particular facts. 
 
 But now, since special pleading is gener- 
 ally abolished, the same result is secured 
 by requiring the defendant to file notice of 
 special matters of defense which he in- 
 tends to set up on the trial, or obliging 
 him to use a form of answer adapted to 
 the plaintiff's declaration, the method vary- 
 ing in different systems of pleading. 
 
 In criminal cases, the general issue is, 
 not guilty. In civil cases, the general is- 
 sues are almost as various as the forms of 
 action: In assumpsit, the general issue is 
 rum assumpsit; in debt, nil debet; in detinue, 
 non detinet; in trespass, non cul. (not 
 guilty) ; in replevin, non cepit, etc. 
 
 Where the forms of action are abolished, 
 the term is, in strictness, incorrect, but it 
 is commonly applied to the general denial. 
 
 General Jurisdiction. Jurisdiction ap- 
 plying to all subjects within the object of 
 its general organization, and to all parties 
 who can be reached by its process. "37 Miss. 
 48. 
 
 A jurisdiction which is not, within the 
 limits of the judicial power of the sov- 
 ereignty creating it, limited as to nature of 
 subject matter, amount in controversy, or 
 character of parties. 
 
 It is the nature of the jurisdiction, not 
 its territorial extent, which determines 
 whether a court is of limited or general 
 jurisdiction. 11 Wis. 50. 
 
 General Land Office. A bureau in 
 
 the United States government which has 
 the charge of matters relating to the pub- 
 lic lands. 
 
 It was established by the act of April 
 25, 1812 (2 Story, U. S. Laws, 1238). An- 
 other act was passed March 24, 1824 (3 
 Story, U. S. Laws, 1938), which authorized 
 the employment of additional officers. And 
 it was reorganized by an act entitled, "An 
 act to reorganize the general land office," 
 approved July 4, 1836. It was originally a 
 bureau of the treasury department, but was 
 transferred in 1859 to the department of 
 the interior. 
 
 General Law. A law framed in gen- 
 eral terms and restricted to no locality, 
 operating equally upon all of a group of 
 objects which, having regard for the pur- 
 poses of the legislation, are distinguished 
 by characteristics sufficiently marked and 
 important to make them a class by them- 
 selves. 266 111. 387. 
 
 General Legacy. A pecuniary legacy, 
 
 payable generally out of the assets of the 
 testator. 2 Bl. Comm. 512. » 
 
 General Lien. A right to detain a 
 
 chattel, etc., until payment be made, not 
 only of any deht due in respect of the par- ' 
 
 ticular chattel, but of any balance that may 
 be due on general account in the same line 
 of business. 2 Steph. Comm. 132. 
 
 General Meeting. A meeting of the 
 
 largest class of persons concerned in a mat- 
 ter. Applied to meetings of stockholders, 
 members, etc. 
 
 General Occupant. The man who 
 
 could first enter upon lands held pur autre 
 vie, after the death of the tenant for life, 
 living the cestui que vie. At common law 
 he held the lands by right for the remain- 
 der of the term; but this is now altered 
 by statute, in England, the term going to 
 the executors if not devised. 29 Car. II. c. 
 3; 14 Geo. IL c. 20; 2 Sharswood, Bl. 
 Comm. 258. This has been followed by some 
 states (1 Code Md. 666, § 220, art. 93) ; in 
 some states the term goes to heirs, if un- 
 devised (Gen. St. Mass. c. 91, § 1). 
 
 General Owner. The person having 
 
 the permanent or residuary title, as distin- 
 guished from a mere special or possessory 
 ' right. 
 
 General Partnership. One whose 
 
 business includes all transactions of a par- 
 ticular class, as distinguished from special 
 partnerships formed for a particular trans- 
 action. See 1 Cliff (U. S.) 32. 
 
 General Retainer. A fee paid to re- 
 tain the services of an attorney generally, 
 and not in a particular case. "It binds the 
 person retained not to take a fee from an- 
 other against his retainer, but to do noth- 
 ing except what he is asked to do, and for 
 this he is to be distinctly paid." 6 R. I. 206. 
 
 General Sessions. In England, a 
 
 court of record, held by two or more jus- 
 tices of the peace, for the execution of the 
 authority given them by the commission of 
 the peace and certain statutes. General 
 sessions held at certain times in the four 
 quarters of the year pursuant to St. 2 Hen. 
 V. are properly called "quarter sessions" 
 (g. V.) , but intermediate general sessions 
 may also be held. Pritch. Quar. Sess.; Ra- 
 palje & L. 
 
 In the United States, a court of general 
 criminal jurisdiction in some states. 
 
 General Ship. One which is employed 
 
 by the charterer or owner on a particular 
 voyage, and is hired by a number of per- 
 sons, unconnected with each other, to convey 
 their respective goods to the place of des- 
 tination. A ship advertised for general re- 
 ceipt of goods to be carried on a particular 
 voyage. The advertisement should state the 
 name of the ship and master, the general 
 character of the ship, the time of sailing, 
 and the proposed voyage. See 1 Pars. Mar. 
 Law, 130; Abb. Shipp. (7th London Ed.) 
 123. 
 
 The shippers in a general ship generally 
 contract with the master; but in law the 
 owners and the master are separately bound 
 to the performance of the contract, it being 
 considered as made with the owners, as well 
 as with the master. Abb. Shipp. (7th Lon- 
 don Ed.) 319. 
 
GENERALE DICTUM 
 
 462 
 
 GENS 
 
 ' General Special Imparlance. In plead- 
 ing. One in which the defendant reserves 
 to himself "all advantages and exceptions 
 whatsoever." 2 Chit. PI. 408. See "Impar^ 
 lance." 
 
 General Statute, or General Law. As 
 
 opposed to "private," one relating to mat- 
 ters of public concern. 
 
 As opposed to "local," one operative 
 throughout the jurisdiction of the legisla- 
 tive body. 
 
 As opposed to "special," one which af- 
 fects tequally all persons or things of the 
 same class. 
 
 General Tall. An estate tail where 
 
 one parent only is specified, whence the is- 
 sue must be derived, as to A. and the heirs 
 of his body. Eapalje & L. 
 
 General Tenancy. "Such tenancies 
 
 only as are not fixed and made certain in 
 point of duration by the agreement of the 
 parties." 22 Ind. 122. 
 
 General Term. 
 
 (1) A term held pursuant to law, as dis- 
 tinguished from one specially called. 
 
 (2) A term for the trial of cases, as dis- 
 tinguished from one for the hearing of mo- 
 tions. 
 
 (3) A sitting of the trial judges in banc, 
 for appellate purposes. 
 
 General Traverse. See "Traverse." 
 
 General Usage. One which prevails 
 
 generally throughout the country. See 
 "General Custom," supra, this title. 
 
 General Verdict. One finding gener- 
 ally for one of the parties, as distinguished 
 from a special verdict finding the facts. 
 
 "A finding by the jury in the terms of the 
 issue referred to them." 2 Tidd, Pr. 869. 
 
 General Warrant. A process which 
 
 used to issue from the state secretary's of- 
 fice, to take up (without naming any per- 
 son in particular) the author, printer, and 
 publisher of such obscene and seditious li- 
 bels as were particularly specified in it. It 
 was declared illegal and void for uncer- 
 tainty by a vote of the house of commons. 
 Com. Jour. 22d April, 1766; Wharton. 
 
 A writ of assistance. The issuing of these 
 was one of the causes of the American Re- 
 public. They were a species of general war- 
 rant, being directed to "all and singular 
 justices, sheriffs, constables, and all other 
 officers and subjects," empowering them to 
 enter and search any house for uncustomed 
 goods, and to command all to assist them. 
 These writs were perpetual, there being no 
 return to them. They were not executed, 
 owing to the eloquent argument of Otis be- 
 fore the supreme court of Massachusetts 
 against their legality. See Tudor, Life of 
 Otis, 66. 
 
 General Warranty. A covenant 
 
 whereby the grantor warrants and agrees 
 to defend the title to the premises conveyed 
 against all persons whatsoever, as distin- 
 guished from a "special warrants^' against 
 persons "by or from" the grantor. 
 
 GENERALE DICTUM GENERALITER 
 est Interpretandum. A general expression is 
 
 to be construed generally. 8 Coke, 116; 1 
 Eden, 96. 
 
 GENERALE NIHIL CERTUM IMPLI- 
 cat. A general expression implies nothing 
 certain. 2 Coke, 34; Wingate, Max. 164, 
 
 GENERALE TANTUM VALET IN GEN- 
 erallbus, quantum singulare in singulis. 
 What is general prevails, or is worth as 
 much, among things general, as what is 
 particular among things particular. 11 
 Coke, 59. 
 
 GENERALIA PRAECEDUNT; SPE- 
 cialia sequuntur. Things general precede; 
 things special follow. Reg. Brev.; Branch, 
 Princ. 
 
 GENERALIA SPECIALIBUS NON DERO- 
 gant. Things general do not derogate from 
 things special. Jenk. Cent. Cas. 120. 
 
 GENERALIA SUNT PRAEPONDENDA 
 singularibus. General things are to be put 
 before particular things. ^ 
 
 GENERALIA VERBA SUNT GENERALI- 
 ter Intelligenda. General words are under- 
 stood in a general sense. 3 Inst. 76; Broom, 
 Leg. Max. (3d London Ed.) 577. 
 
 GENERALIBUS SPEC I ALIA DERO- 
 
 gant. Things special take from things gen- 
 eral. Halk. Max. 51. 
 
 GENERALIS CLAUSULA NON PORRI- 
 gitur ad ea quae antea specialiter sunt com- 
 prehensa. A general clause does not extend 
 to those things which are previously pro- 
 vided for specially. 8 Coke, 154. 
 
 GENERALIS REGULA GENERALITER 
 
 est intelligenda. A general rule is to he un- 
 derstood generally. 6 Coke, 65. 
 
 GENE ROSA (Law Lat.) Gentlewoman. 
 Cowell; 2 Inst. 668. 
 
 GENEROSI FILIUS. The son of a gentle- 
 man. Generally abbreviated "gen fil." 
 
 GENEROSUS. Gentleman; a gentleman. 
 Spelman. 
 
 GENICULUM. A degree of consanguinity; 
 Spelman. 
 
 GENS (Lat.) In Roman law. A union of 
 families, who bore the same name, who 
 were of an ingenuous birth (ingenui), none 
 of whose ancestors had been a slave, and 
 who had suffered no capitis diminutio. 
 
 Gentiles sunt, qui inter se eodem nomine 
 sunt; qui ab ingenuis oriundi sunt; quorum 
 majorwm nemo servitutem servivit; qui ca- 
 pite non sunt deminuti. This definition is 
 given by Cicero (Topic 6), after Scaevola, 
 the pontif ex. But, notwithstanding this high 
 authority, the question as to the organiza.- 
 tion of the gens is involved in great ob- 
 scurity and doubt. The definition of Festus 
 is still more vague and unsatisfactory. He 
 says: "Gentilis dicitur et ex eodem genere 
 
GENTES 
 
 453 
 
 GESTIO PRO HAEREDE 
 
 ortus, et is, qui aimili nomine appellatur, ut 
 ait Cineius; Gentiles mihi sunt, qui meo 
 nomine appellantur." Gens and genus are 
 convertible terms; and Cicero defines the 
 latter word; "Genus autem est quod sui 
 similes communione quadam, specie autem 
 differentes, duas aut plures compleetitur 
 partes." De Oratore 1, 42. The genus is 
 that which comprehends two or more par- 
 ticulars, similar to one another by having 
 something in common, but differing in spe- 
 cies. Prom this it may fairly be concluded 
 that the gens or race comprises several fam- 
 ilies, always of ingenuous birth, resemb- 
 ling each other by their origin, general 
 name, — nomen, — and common sacrifices or 
 sacred rites, — sacra gentilitia (sui similes 
 communione quadam), — ^but differing from 
 each other by a particular name, — cognomen 
 and agnatio (specie autem differentes). 
 
 GENTES (Law Lat.) People. Contra om- 
 nes gentes, against all people. Bracton, fol. 
 37b. Words used in the clause of warranty 
 in old deeds. 
 
 GENTILES. In Roman law. The mem- 
 bers of a gens or common tribe. 
 
 GENTLEMAN. In English law. A per- 
 son of superior birth. 
 
 According to Sir Edward Coke, he is one 
 who bears coat armor, the grant of which 
 adds gentility to a man's family. The eldest 
 son had no exclusive claim to the degree; 
 for, according to Littleton, "every son is as 
 great a gentleman as the eldest." 2 Inst. 
 667. Sir Thomas Smith, quoted by Black- 
 stone (1 Comm. 406), says: "As for gentle- 
 men, they are made good cheap in this king- 
 dom; for whosoever studies the laws of the 
 realm, who studies in the universities, who 
 professeth liberal sciences, and, to be short, 
 who can live idly and without manual labor, 
 and will bear the port, charge, and counte- 
 nance of a gentleman, shall be called mas- 
 ter, and be taken for a gentleman." In the 
 United States, this word is unknown to the 
 law; but in many places it is applied by 
 courtesy to all men. See Poth. Proc. Cr. 
 § 1, Append. § 3. 
 
 _ "It originally signified a man of gentle 
 birth, but the use of the term has become 
 changed, and it is often applied to denote 
 persons of all ranl^s, from the upper down 
 to the lowest verge of the middle class." I 
 C. P. Div. 61. Thus, a coal agent out of em- 
 ployment (3 Hurl. & N. 798), or a medical 
 student who had been in no business for 
 several months (3 Hurl. & N. 382), is prop- 
 erly described as a "gent." 
 
 GENTLEWOMAN. An addition formerly 
 appropriate in England to the state or de- 
 gree of a woman. 2 Inst. 667. 
 
 GENUINE. Not spurious or counterfeit. 
 Used in relation to a written instrument, it 
 does not cover either the authority (149 N. 
 Y. 182) or the capacity (37 N. Y. 487) of 
 the maker. 
 
 QERECHT8B0DE (Belg.) In old New 
 York law. A court messenger or constable. 
 O'Callaghan, New Neth. 322. 
 
 GEREFA. Reeve, {q. v.) 
 
 GER ENS. Bearing. Gerens datum, bearing 
 date. 1 Ld. Raym. 336; Hob. 19. 
 
 GERMAN. Whole or entire, as respects 
 genealogy or descent; thus, "brother ger- 
 man" denotes one who is brother both by 
 the father's and mother's side; "cousins 
 german," those in the first and nearest de- 
 gree, i. e., children of brothers or sisters. 
 Tech. Diet; 4 Man. & G. 56. 
 
 GERMANUS (Lat.) Descended of the 
 same stock, or from the same couple of an- 
 cestors; of the whole or full blood. Mackeld. 
 Civ. Law, § 145. 
 
 GERONTOCOMI. In civil law. Officers 
 appointed to manage hospitals for poor old 
 persons. Clef des Lois Rom. "Administra- 
 teurs." 
 
 GERONTOCOMIUM. In the civil law. An 
 institution or hospital for taking care of 
 the old. Calv. Lex. Their managers are 
 called "gerontocomi." 
 
 GERSUMARIUS. In old English. Fine- 
 able, or liable to be mulcted, fined, or 
 amerced at the discretion of the lord. Cow- 
 ell. 
 
 GERSUME (Saxon.) In old English law. 
 Expense; reward; compensation; wealth; 
 especially, the consideration or fine of a 
 contract; e. g., et pro hae concessione dedit 
 nobis praedictus Jordanus 100 sol. sterling 
 de gersume. Old charter, cited Somn. Gavel- 
 kind, 177; Tabul. Reg. Ch. 377; 3 Mon. 
 Angl. 126, 920. It is also used for a fine or 
 compensation for an offense. 2 Mon. Angl. 
 973. 
 
 GEST, GUST or GESTE. In Saxon law. 
 A guest. 
 
 GESTATION. See "Period of Gestation." 
 
 GESTIO (Lat.) In civil law. The doing or 
 management of a thing. Negotiorum gestio, 
 the doing voluntarily without authority 
 business of another. De neg. gest. Gester 
 negotiorum, one who so interferes with 
 business of another without authority. 
 Gestio pro haerede, behavior as heir; such 
 conduct on the part of the heir as indicates 
 acceptance of the inheritance, and makes 
 him liable for ancestor's debts universally, 
 e. g., an entry upon, or assigning, or letting 
 any of the heritable property, releasing any 
 of the debtors of the estate, or meddling 
 with the title deeds or heirship movables, 
 etc. Ersk. Inst. 3. 8. 82 et seq.; Stair, Inst. 
 3. 6. 1. 
 
 GESTIO PRO HAEREDE. Behavior as 
 heir. That conduct by which an heir ren- 
 ders himself liable for his ancestor's debts, 
 
GESTOR 
 
 464 
 
 GIST 
 
 as by taking possession of title deeds, re- 
 ceiving rents, etc. Bell, Diet. 
 
 GESTOR. In civil law. One who acts for 
 another, or transacts another's business. 
 Calv. Lex. 
 
 GESTUM (Lat.) In Roman law. A thing 
 done; a transaction. Strictly, a thing done 
 vdthout words, and so distinguished' from 
 actum. A distinction was sometimes made 
 between "gestum" and "factum.".. Gains, 
 however, in the Digest (50. 16. 58) pro- 
 nounces this to be subtile. 
 
 GEVILLOURIS. In old Scotch law. Gaol- 
 ers. 1 Pitc. Grim. Tr. pt. 2, p. 234. 
 
 GEWINEDA. In Saxon law. The ancient 
 convention of the people to decide a cause. 
 Laws Aethel. c. 1. 
 
 GEWITNESSA (Saxon). In Saxon and old 
 English law. The giving of evidence. Laws 
 Aethel. c. 2. 
 
 GEWRITE. In Saxon law. Deeds or char- 
 ters; writings. 1 Reeve, Hist. Eng. Law, 
 10. 
 
 GIFT. A voluntary conveyance; that is, a 
 conveyance not founded on the consideration 
 of money or blood. 
 
 The word denotes rather the motive of 
 the conveyance, so that a feoffment or grant 
 may be called a gift when gratuitous. A 
 gift is of the same nature as a settlement, — 
 neither denotes a form of assurance, but the 
 nature of the transaction. Watk. Conv. 
 (Preston Ed.) 199. The operative words of 
 this conveyance are do, or dedi, — I give, or 
 I have given. The maker of this instrument 
 is called the donor, and he to whom it is 
 made, the donee. 2 Bl. Comm. 316; Litt. 59; 
 Shep. Touch, c. 11. 
 
 Gifts inter vivos are gifts made from one 
 or more persons, without any prospect of 
 immediate death, to one or more others. 
 Gifts causa mortis are gifts made in pros- 
 pect of death, and on the implied condition 
 that they shall be of no effect if the donor 
 shall recover. 49 N. Y. 17. See "Donatio." 
 
 GIFT ENTERPRISE. A scheme whereby 
 gifts or premiums are distributed among 
 the patrons of a business establishment, 
 either the value of the premium, or the 
 persons who shall receive the same, being 
 determined by chance. See 165 Mass. 146; 
 73 Md. 529; 56 N. Y. 424; 48 Minn. 555. 
 
 GIFTA AQUAE. A stream of water. 
 Blount. 
 
 GIFTOMAN. In Swedish law. He who 
 has a right to dispose of a woman in mar- 
 riage. 
 
 This right is vested in the father, if liv- 
 ing; if dead, in the mother. They may 
 nominate a person in their place; but for 
 want of such nomination the brothers ger- 
 man, and for want of them the consanguine 
 brothers, and in default of the latter the 
 
 uterine brothers, have the right; but they 
 are bound to consult the paternal or ma- 
 ternal grandfather. Swed. Code, "Mar- 
 riage," c. 1. 
 
 GILD. See "Guild." 
 
 GILD HALL. See "Guildhall." 
 
 GILDA MERCATORIA (Law Lat.) A mer- 
 cantile meeting. 
 
 If the king once grants to a set of men 
 to have gildam mercatoriam, a mercantile 
 meeting or assembly, this is alone sufficient 
 to incorporate and establish them forever. 
 1 Sharswood, Bl. Comm. 473, 474. A com- 
 pany of merchants incorporated. St. Wm. 
 Reg. Scot. c. 35; Leg. Burg. Scot. c. 99; Du 
 Cange; Spelman; 8 Coke, 125a; 2 Ld. 
 Raym. 1134. 
 
 GILDABLE. See "Geldable." 
 
 GILDO. In Saxon law. Member of a gild 
 or decennary. Oftener spelled "congildo." 
 Du Cange; Spelman, "Geldum." 
 
 GILL. A measure of capacity, equal to 
 one-fourth of a pint. 
 
 GILOUR (Law Fr.) A cheat or deceiver. 
 Applied in Britton to those who sold false 
 or spurious things for good, as pewter for 
 silver or latem for gold. Britt. c. 15. 
 
 GIRANTEM, or GIRANTE. In common 
 law. An Italian word, which signifies the 
 drawer. It is derived from girare, to draw, 
 in the same manner as the English verb to 
 murder is transformed into murdrare in our 
 old indictments. Hall, Mar. Loans, 183, note. 
 
 GIRTH. A girth, or yard, is a measure of 
 length. The word is of Saxon origin, taken 
 from the circumference of the human body. 
 Girth is contracted from girdeth, and signi- 
 fies as much as girdle. 
 
 GIRTH AND SANCTUARY. In Scotch 
 law. A refuge or place of safety given to 
 those who had slain a man in heat of pas- 
 sion (chaude melle) , and unpremeditatedly. 
 Abolished at the Reformation. 1 Hume, 
 Hist. Eng. 235; 1 Ross, Lect. 331. 
 
 GISEMENT. Agistment; cattle taken in 
 to graze at a certain price; also the money 
 received for grazing cattle. Rapalje & L. 
 
 GISER (Law Fr.) In old English law. To 
 lie. 
 
 Giser et mason, to lie or lodge at a house. 
 St. Westminster I. c. 1. 
 
 GISETAKER. An agister. See "Gise- 
 ment." 
 
 GISIL, or GISLE. A pledge or hostage. 
 
 GIST (sometimes, also, spelled git). 
 
 In Pleading. The essential ground or 
 
 object of the action in point of law, with- 
 out which there would be no cause of action. 
 Gould, PL c. 4, § 12; 19 Vt. 102. In stating 
 
GIVE 
 
 455 
 
 GLEBA 
 
 the substance or gist of the action, every- 
 thing must be averred which is necessary to 
 be proved at the trial. The moving cause of 
 the plaintiff's bringing the action, and the 
 matter for which he recovers the principal 
 satisfaction, is frequently entirely collateral 
 to the gist of the action. Thus, where a 
 father sues the defendant for a trespass for 
 the seduction of his daughter, the gist of 
 the action is the trespass and the loss of 
 his daughter's services; but the collateral 
 cause is the injury done to his feelings, 
 for which the principal damages are given. 
 1 Viner, Abr. 598; 2 Phil. Ev. 1, note; Bac. 
 Abr. "Pleas" (B) ; Doct. Plac. 85. See 
 "Damages." 
 
 Of an Action. The cause for which 
 
 an action will lie; the ground or founda- 
 tion of a suit; and without which it would 
 not be maintainable; the essential ground 
 or object of a suit; without which it is not 
 a cause of action. 199 111. 256. 
 
 GIVE. A term used in deeds of convey- 
 ance. At common law, it implied a cove- 
 nant. 2 Hilliard, Real Prop. 366. So in 
 Kentucky. 1 Pirtle, Dig. 211. In Maryland 
 and Alabama it is doubtful. 7 Gill & J. 
 (Md.) 311; 2 Ala. (N. S.) 555. In Ohio, in 
 conveyance of freehold, it implies warranty 
 for the grantor's life. 2 Hilliard, Real Prop. 
 366. In Maine it implies a covenant. 5 Me. 
 227; 23 Me. 219. In New York it does not, 
 by statute. See 14 Wend. 38. It does not 
 imply covenant in North Carolina. 1 Murph. 
 343. Nor in England, by St. 8 & 9 Vict. c. 
 106, § 4. 
 
 GIVER. He who makes a gift. By his gift 
 the giver always impliedly agrees with the 
 donee that he will not revoke the gift. 
 
 GIVING IN PAYMENT. In Louisiana. A 
 term which signifies that a debtor, instead 
 of paying a debt he owes in money, satis- 
 fies his creditor by giving in payment a mov- 
 able or immovable. See "Dation en Paie- 
 ment." 
 
 GIVING RINGS. A ceremony by gift of 
 finger rings by a barrister on being made a 
 serjeant-at-law. 
 
 GIVING TIME. An agreement by which a 
 creditor gives his debtor a delay or time in 
 paying his debt beyond that contained in 
 the original agreement. When other per- 
 sons are responsible to him, either as 
 drawer, indorser, or surety, if such time be 
 given without the consent of the ,latter,_ it 
 discharges them for responsibility to him. 
 
 GLADIUS (Lat.) In old Latin authors, 
 and in the Norman laws, this word was 
 used to signify supreme jurisdiction, — jtie 
 gladii 
 
 GLANS (Lat.) In the civil law. Acorns 
 or nuts of the oak or other trees. Brisson- 
 ius. In a larger sense, all fruits of trees. 
 Dig. 43. 28. 
 
 GLANVILLE. The author of the oldest 
 treatise on English law, written in Latin, 
 about A. D. 1181, under the title of Trac- 
 tatus de Legibus et Consuetudinibus An- 
 gliae (A Treatise of the Laws and Cus- 
 toms of England). The older writers are 
 generally agreed that this was Ranulphus 
 de Glanvilla, chief justitiary of England, 
 to Henry II, who was equally eminent as a 
 soldier and a judge, and died at the seige 
 of Acre, in 1190. Hoveden in Hen. II, 
 Staunf. Praer. c. 1, fol. 5. Catlin, C. J. 
 Plowden, 368a. Cowell. 8 Co. pref. Crabb's 
 Hist. Eng. Law, 70. The same opinion is 
 adopted by Spelman and Sir Mathew Hale. 
 Hist. Com. Law, c. 7. Lord Coke gives the 
 arms and genealogy of Glanville, and 
 speaks with the greatest confidence on the 
 subject. 8 Co. ub. sup. Mr. Reeves, how- 
 ever, doubts the identity of these individ- 
 uals, and thinks that the Glanville who 
 wrote the treatise might have been a per- 
 son of that name who was a justice itiner- 
 ant. 1 Reeves' Hist. Eng. Law, 223. 
 
 As to the work itself, there is little doubt 
 of its being the most ancient treatise on 
 English law. Spelman remarks that Glan- 
 ville was the first who attempted to make 
 that law a lex scripta, or written law. But 
 it possesses a higher interest even than 
 this, from the fact of its being the oldest 
 work of the kind in Europe. Dr. Robertson 
 observes that it was the first undertaking 
 in any country in Europe, to collect into 
 one body the customs which then regulated 
 the administration of justice, and thus to 
 render the law fixed. 1 Robertson's Charles 
 V. Appendix, Note xxv. Defontaines, the 
 oldest law writer in France, composed his 
 Conseil about half a century afterwards. 
 
 GLAVEA. A hand dart. Cowell. 
 
 GLEANING. The act of gathering such 
 grain in a field where it grew as may have 
 been left by the reapers after the sheaves 
 were gathered. 
 
 There is a custom in England, it is said, 
 by which the poor are allowed to enter and 
 glean upon another's land after harvest, 
 without being guilty of a trespass. 3 Bl. 
 Comm. 212. But it has been decided that 
 the community are not entitled to claim this 
 privilege as a right. 1 H. Bl. 51. In the 
 United States, it is believed, no such right 
 exists. It seems to have existed in some 
 parts of Prance. Merlin, Repert, "Glanage." 
 As to whether gleaning would or would 
 not amount to larceny, see Woodf. Landl. & 
 Ten. 242; 2 Russ. Crimes, 99. The Jewish 
 law may be found in the 19th chapter of 
 Leviticus, verses 9 and 10. See Ruth ii. 2, 
 3; Isaiah xvii. 6. 
 
 GLEBA. 
 
 In the Civil Law. A turf, sod, or 
 
 clod of earth; the soil or ground; cultivated 
 land in general. 
 
 In Old English Law. Church land 
 
 (solum et dos ecclesiae). Spelman. See 
 "Glebe." 
 
GLEBAE ASCRIPTITII 
 
 456 
 
 GOING THROUGH THE BAR 
 
 GLEBAE ASCRIPTITII, See "Adscriptlti." 
 GLEBARIAE. Turf or peat. Cowell. 
 
 GLEBE. 
 
 In Ecclesiastical Law. The land 
 
 which belongs to a church. It is the dowry 
 of the church. Gleba est terra qua consistit 
 dos ecclesiae. 9 Cranch (U. S.) 329. 
 
 In Civil Law. The soil of an inherit- 
 ance. There were serfs of the glebe, called 
 glebae addicti. Code, 11. 47. 7. 21; Nov, 54, 
 c. 1. 
 
 GLOMERELLS. Commissioners appoint- 
 ed to determine differences between schol- 
 ars in a school or university and the towns- 
 men of the place. Jacob. 
 
 GLOS (Lat.) In civil law. A husband's 
 sister. Dig. 38. 10. 4. 6. 
 
 GLOSS (Lat. glossa). Interpretation; 
 comment; explanation; remark intended to 
 illustrate a subject, — especially the text 
 of an author. See Webster. 
 
 In Civil Law. Glossae, or glossemwta, 
 
 were words which needed explanation. Calv. 
 Lex. The explanations of such words. Id. 
 Especially used of the short comments or 
 explanations of the text of the Roman law, 
 made during the twelfth century by the 
 teachers at the schools of Bologna, etc., 
 who were hence called glossators, of which 
 glosses Accursius made a compilation which 
 possesses great authority, called Glossa 
 Ordinaria. These glosses were at first writ- 
 ten between the lines of the text (glossae 
 interlineares) , afterwards, on the margin, 
 close by and partly under the text (glossae 
 ma/rginales). Cush. Introd. Rom. Law, 130- 
 132. 
 
 GLOSSA VIPERINA EST QUAE CORRO- 
 dit viscera textus. That is a viperine gloss 
 which eats out the vitals of the text. 10 
 Coke, 70; 2 Bulst. 79. 
 
 GLOSSATOR. A commentator or anno- 
 tator of the Roman law. One of the authors 
 of the Gloss. 
 
 GLOUCESTER, STATUTE OF. An Eng- 
 lish statute, passed 6 Edw. I., A. D. 1278. 
 So called because it was passed at Glouces- 
 ter. There were other statutes made at 
 Gloucester which do not bear this name. 
 See St. 2 Rich. 11. 
 
 GLOVE SILVER. Extraordinary rewards 
 formerly given to oiflcers of courts, etc.; 
 money formerly given by the sheriff of a 
 county in which no offenders are left for 
 execution to the clerk of assize and judges' 
 officers. Jacob. 
 
 GLOVES. In was an ancient custom on a 
 maiden assize, when there was no offender 
 to be tried, for the sheriff to present the 
 judge with a pair of white gloves. It is an 
 immemorial custom to remove the glove 
 from the right hand on taking oath. Whar- 
 tonr 
 
 GLYN, A hollow between two moun- 
 tains; a valley or glen. Co. Litt. 5b. 
 
 GO TO PROTEST. A term of the com- 
 mercial law, indicating the dishonor of com- 
 mercial paper by nonpayment or nonaccept- 
 ance, whereby it becomes subject to protest 
 (gr. v.). 
 
 GO WITHOUT DAY. Words used to de- 
 note that a party is dismissed the court. He 
 is said to go without day, because there is 
 no day appointed for him to appear again. 
 
 GOAT, or GOTE (Law Lat. gota; Ger- 
 man, gote). A canal or sluice for the pass- 
 age of w^ter. Charter of Roger, Duke de 
 Basingham, anno 1220, in Tabularis S. Ber- 
 tini; Du Cange. 
 
 A ditch, sluice, or gutter. Cowell; St. 23 
 Hen. VIII. c. 5. An engine for draining 
 waters out of the land into the sea, erected 
 and built with doors and percullesses of 
 timber, stone, or brick, — invented first in 
 Lower Germany. Callis, Sew, 66, 
 
 GOD AND MY COUNTRY, When a pris- 
 oner is arraigned, he is asked, "How will 
 you be tried?" He answers, "By God and 
 my country." This practice arose when the 
 prisoner had the right to choose the mode 
 of trial, namely, by ordeal or by jury, and 
 then he elected by God or by his country, 
 that is, by jury. It is probable that orig- 
 inally it was "By God or my country"; 
 for the question asked supposes kn option 
 in the prisoner, and the answer is meant to 
 assert his innocence by declining neither 
 sort of trial. 1 Chit. Crim. Law, 416; Barr. 
 Obs. St, 73, note. 
 
 GOD BOTE. In ecclesiastical law. An ec- 
 clesiastical or church fine imposed upon an 
 offender for crimes and offenses committed 
 against God. 
 
 GOD'S PENNY. In old English law. Mon- 
 ey given to bind a bargain; earnest-money. 
 So called because such money was anciently 
 given to God, — that is, to the church and 
 the poor. See "Denarius Dei." 
 
 GOGING STOLE. An old form of "cuck- 
 ing stool" (q. v.) . Cowell. 
 
 GOING CONCERN. A business establish- 
 ment which continues to transact its ordi- 
 nary business, though it may be embar- 
 rassed, or even insolvent. 30 Fed. 865, 
 
 GOING THROUGH THE BAR. The act 
 of the chief of an English common-law 
 court in demanding of every member of the 
 bar, in order of seniority, if he has any- 
 thing to move. This was done at the sit- 
 ting of the court each day in term, except 
 special paper days, crown paper days in the 
 queen's bench, and revenue paper days in 
 the exchequer. On the last day of term this 
 order is reversed, the first and second time 
 round. In the exchequer the postman and 
 tubman are first called on, Wharton. 
 
GOING T6 THE COUNTRY 
 
 457 
 
 GOODS 
 
 GOING TO THE COUNTRY. When a par- 
 ty, under the common-law system of plead- 
 ing, 'finished his pleading by the words, 
 "and of this he puts himself upon the 
 country," this was called "going to the 
 country." It was the essential termination 
 to a pleading which took issue upon a ma- 
 terial fact in the preceding pleading. Ra- 
 palje & L. 
 
 GOING WITNESS. One who is going out 
 of the jurisdiction of the court, although 
 only into a state or country under the gen- 
 eral sovereignty; as, for example, if he is 
 going from one to another of the United 
 States, or in Great Britain, from England 
 to Scotland. 2 Dickens, 454. 
 
 GOLDA. A mine. Blount. A sink or pas- 
 sage for water. Cowell. 
 
 GOLDSMITH'S NOTES. In English law. 
 Banker's notes. So called because the trades 
 of banker and goldsmith were originally 
 joined. Chit. Bills, 423. 
 
 GOOD. Reasonable; suitable; sufficient; 
 valid; meeting all legal requirements. See 
 10 Gray (Mass.) 302; 36 Mo. App. 192. 
 
 As Applied to Commercial Paper. 
 
 Genuine; collectible. 4 Mete. (Mass.) 48; 
 1 N. J. Law, 99. 
 
 As Applied to Persons. Of a debtor, 
 
 solvent (21 Mo. App. 372) ; of a person in 
 a representative or oflRcial capacity (1 
 Blackf. [Ind.] 396). 
 
 As Applied to Property Sold. Reason- 
 ably sound and suitable. See 1 Idaho, 41. 
 
 GOOD ABEARING. See "Abearance." 
 
 GOOD AND LAWFUL MEN. Those quali- 
 fied to serve on juries; that is, those of full 
 age, citizens, not infamous or -rvon compos 
 mentis; and they must be resident in the 
 county where the venue is laid. Bac. Abr. 
 "Juries" (A) ; Cro. Eliz. 654; 3 Inst. 30; 2 
 Rolle, 82; Cam. & N. (N. C.) 38. 
 
 The expression "good and lawful men" 
 continues to be used in modern law, and 
 criers in American courts ordinarily ad- 
 dress a jury as "You good men," etc. 
 
 GOOD BEHAVIOR. Conduct authorized 
 by law. Surety of good behavior might at 
 common law be demanded from any person 
 justly suspected, upon sufficient grounds, 
 of intending to commit a crime or misde- 
 meanor. Surety for good behavior is some- 
 what similar to surety of the peace, but the 
 recognizance is more easily forfeited, and 
 it ought to be demanded with greater cau- 
 tion. 1 Bin. (Pa.) 98, note; 2 Yeates (Pa.) 
 437; 14 Viner, Abr. 21; Dane, Abr. Index. 
 As to what is a breach of good behavior, 
 see 2 Mart (La.; N. S.) 683; Hawk. P. C. 
 bk. 1, c. 61, § 6; 1 Chit.Prac. 676. 
 
 GOOD CONSIDERATION. See "Consid- 
 eration." 
 
 GOOD COUNTRY. In Scotch law. Good 
 men of the country. A name given to a 
 jury. 
 
 GOOD FAITH. Honesty; absence of 
 fraud, collusion, or deceit. 91 Wis. 464. See 
 "Bona Fide Purchaser." 
 
 GOOD MORAL CHARACTER. What con- 
 stitutes good moral character may vary 
 from one generation to another. It would 
 seem that whatever is forbidden by the 
 law of the land ought to be considered, for 
 the time being, immoral. 22 Fed. Cas. 921. 
 
 GOOD TITLE. A perfect title, free and 
 clear from any legal exception or charge 
 thereon. 23 Barb. (N. Y.) 370. 
 
 GOOD WILL. The benefit which arises 
 from the establishment of particular trades 
 or occupations. The advantage or benefit 
 which is acquired by an establishment, be- 
 yond the mere value of the capital, stocks, 
 funds, or property employed therein, in con- 
 sequence of the general public patronage 
 and encouragement which it receives from 
 constant or habitual customers, on account 
 of its local position, or common celebrity, or 
 reputation for skill or affluence or punctual- 
 ity, or from other accidental circumstances 
 or necessities, or even from ancient partiali- 
 ties or prejudices. Story, Partn. § 99. See 
 17 Ves. 336; 1 Hofif. Ch. (N. Y.) 68; 16 Am. 
 Jur. 87. 
 
 It includes only that estimation and re- 
 pute which is peculiar to the particular es- 
 tablishment. It is that species of connec- 
 tion in trade which induces customers to 
 deal with a particular firm. 
 
 GOODS. The word goods, as a technical 
 term of the law is nomen generalissimum,, 
 and has a very extensive meaning. 35 N. 
 H. 483. 
 
 In Contracts. The term "goods" is 
 
 not so wide as "chattels," for it applies to 
 inanimate objects, and does not include ani- 
 mals or chattels real, as a lease for years 
 of house or land, which "chattels" does in- 
 clude. Co. Litt. 118; 1 Russ. 376. 
 
 Goods will not include fixtures. 2 Mass. 
 495 ; 4 J. B. Moore, 73. In a more limited 
 sense, "goods" is used for articles of mer- 
 chandise. 2 Sharswood, Bl. Comm. 389. It 
 has been held in Massachusetts that promis- 
 sory notes were within the term "goods" in 
 the statute of frauds (3 Mete. [Mass.] 365; 
 but see 24 N. H. 484; 4 Dud. [S. C] 28) ; 
 so stock or shares of an incorporated com- 
 pany (20 Pick. [Mass.] 9; 3 Har. & J. 
 [Md.] 38; 15 Conn. 400); so, in some 
 cases, bank notes and coin (2 Story [U. S.] 
 52; 5 Mason [U. S.] 537). See "Chattel." 
 
 In Penal Statutes. In a strict sense, 
 
 as the word is understood in penal statutes, 
 it is limited to movables belonging to the 
 property of some person, which have an 
 intrinsic value, and does not include securi- 
 ties, which are not valuable in themselves, 
 but merely represent value. 35 N. H. 483. 
 
 In Wills. In wills, goods is nomen 
 
 generalissimum, and, if there is nothing to 
 limit it, will comprehend all the personal 
 estate of the testator, as stocks, bonds, 
 
GOODS AND CHATTELS 
 
 468 
 
 GOVERNMENT 
 
 notes, money, plate, furniture, etc. 35 N. 
 H. 483; 1 Atk. 180-182; 2 Atk. 62; 1 P. 
 Wms. 267; 1 Brown, Ch. 128; 4 Russ. 
 370; Williams, Ex'rs, 1014; 1 Rop. Leg. 
 250. But in general it will be limited by 
 the context of the will. See 2 Belt, Supp. 
 Ves. 287; 1 Chit. Prac. 89, 90; 1 Ves. Jr. 63; 
 3 Ves. 212; Hammond, Parties, 182; 1 
 Yeates (Pa.) 101; 2 Dall. (Pa.) 142; Ay- 
 liffe, Pand. 296; Weskett, Ins. 260; Sugd. 
 Vend. 493, 497; and the articles "Biens;" 
 "Chattel"; "Furniture." 
 
 GOODS AND CHATTELS. 
 
 In Contracts. A term which includes 
 
 not only personal property in possession, but 
 choses in action and chattels real, as a 
 lease for years of house or land, or emble- 
 ments. 12 Coke, 1; 1 Atk. 182; Co. Litt. 
 118; 1 Russ. 376. 
 
 In Criminal Law. Choses in action, as 
 
 bank notes, mortgage deeds, and money, do 
 not fall within the technical definition of 
 "goods and chattels." And if described in 
 an indictment as "goods and chattels," these 
 words may be rejected as surplusage. 4 
 Gray. (Mass.) 416; 3 Cox, C. C. 460; 1 Den. 
 C. C. 450; 1 Dears. & B. C. C. 426; 2 Zab. 
 (N. J.) 207; 1 Leach, C. C. 241 (4th Ed. 
 468). See 5 Mason (U. S.) 537. 
 
 In Wills. If unrestrained, these words 
 
 will pass all personal property. Williams, 
 Ex'rs, 1014 et seq.. Am. notes. See Add. 
 Cont. 31, 201, 912, 914. 
 
 GOODS BARGAINED AND SOLD. A 
 phrase used to designate the action of as- 
 sumpsit brought on a contract of sale, where 
 the purchaser has not accepted delivery of 
 the goods. 
 
 GOODS SOLD AND DELIVERED. A 
 
 phrase used to indicate the action of as- 
 sumpsit brought when the sale and delivery 
 of goods furnish the cause. 
 
 GOODS, WARES, AND MERCHANDISE. 
 
 A phrase used in the statute of frauds, cov- 
 ering, generally, all classes of personal 
 property. Fixtures do not come within it. 
 1 Cromp., M. & R. 275; 3 Tyrwh. 959; 1 
 Tyrwh. & G. 4. Growing crops of potatoes, 
 corn, turnips, and other annual crops, are 
 within it. 8 Dowl. & R. 314; 10 Barn. & C. 
 446; 4 Mees. & W. 347. Per contra, 2 Taunt. 
 38. See Add. Cont. 31, 32; 2 Dana (Ky.) 
 206; 2 Rawle (Pa.) 161; 5 Barn. & C. 829; 
 10 Adol. & E. 753. See, generally, 118 
 Mass. 285; 20 Mich. 357. Promissory notes 
 and shares in an incorporated company, and, 
 in some cases, money and bank notes, have 
 been held within it. See 2 Pars. Cont. 
 330-332. 
 
 GOODTITLE. Sometimes used as the 
 name of the fictitious tenant in ejectment, 
 as "Doe" or "Jackson" is more usually em- 
 ployed. 
 
 GOVERNMENT (Lat. gubemaculum, a 
 rudder. The Romans compared the state 
 
 to a vessel, and applied the term gubernator, 
 helmsman, to the leader or actual ruler of a 
 state. From the Latin, this word has passed 
 into most of the modern European lan- 
 guages). That institution or aggregate of 
 institutions by which a state makes and car- 
 ries out those rules of action which are 
 necessary to enable men to live in a social 
 state, or which are imposed upon the people 
 forming a state. 
 
 We understand, in modern political 
 science, by "state," in its widest sense, an 
 independent society, acknowledging no su- 
 perior, and by the term "government," that 
 institution or aggregate of institutions, by 
 which that society makes and carries out 
 those rules of action which are necessary to 
 enable men to live in a social state, or which 
 are imposed upon the people forming that 
 society by those who possess the power or 
 authority of prescribing them. Government 
 is the aggregate of authorities which rule a 
 society. By "administration," again, we un- 
 derstand in modern times, and especially 
 in more or less free countries, the aggregate 
 of those persons in whose hands the reins 
 of government are for the time being, — the 
 chief ministers or heads of departments. 
 But the terms "state," "government," and 
 "administration" are not always used in 
 their strictness. The government of a state 
 being its most prominent feature, which is 
 most readily perceived, "government" has 
 frequently been used for "state"; and the 
 publicists of the last century, almost always 
 used the term "government," or "form of 
 government," when they discussed the dif- 
 ferent political societies or states. On the 
 other hand, "government" is often used, to 
 this day, for "administration," in the sense 
 in which it has been explained. 
 
 They are never actually created by agree- 
 ment or compact. Even where portions of 
 government are formed by agreement, as, 
 for instance, when a certain family is called 
 to rule over a country, the contracting par- 
 ties must previously be conscious of having 
 authority to do so. As society originates 
 with the family, so does authority or gov- 
 ernment. Nowhere do men exist without 
 authority among them, even though it were 
 but in its mere incipiency. Men are forced 
 into this state of things by the fundamental 
 law that with them, and with-them alone of 
 all mammals, the period of dependence of 
 the young upon its parentsoutlasts by many 
 years the period of lactation, so that, dur- 
 ing this period of post-lactational depend- 
 ence, time and opportunity are given for 
 the development of affection and the habit 
 of obedience on the one hand, and of affec- 
 tion and authority on the other, as well as 
 of mutual dependence. The family is a 
 society, and expands into clusters of fami- 
 lies, into tribes and larger societies, collect- 
 ing into communities, always carrying the 
 habit and necessity of authority and mutual 
 support along with, them. As men advance, 
 the great and pervading law of mutual de- 
 pendence shows itself more and more clear- 
 
GOVERNMENT 
 
 459 
 
 GOVERNMENT 
 
 ly, and acts more and more intensely. Man 
 is eminently a social being, not only as to 
 an instinctive love of aggregation, not only 
 as to material necessity and security, but 
 also as to mental and affectional develop- 
 ment, and not only as to a given number of 
 existing beings, or what we will call as to 
 "extent," but also as to "descent" of gener- 
 ation after generation, or, as we may call 
 it, "transmission." Society, and its govern- 
 ment along with it, are continuous. Govern- 
 ment exists and continues among men, and 
 laws have authority for generations which 
 neither made them, nor had any direct rep- 
 resentation in making them, because the 
 necessity of government— necessary accord- 
 ing to the nature of social man and to his 
 wants — is a continuous necessity. But the 
 family is not only the institution from which 
 once, at a distant period, society, authority, 
 and government arose. The family increases 
 in importance, distinctness, and intensity of 
 action as man advances, and continues to 
 develop authority, obedience, affection, and 
 social adhesiveness, and thus acts with 
 reference to the state as the feeder acts 
 with reference to the canal. The state 
 originates daily anew in the family. 
 
 Although man is an eminently social be- 
 ing, he is also individual, morally, intel- 
 lectually, and physically; and, while his in- 
 dividuality will endure even beyond this 
 life, he is necessitated, by his physical con- 
 dition, to appropriate and to produce, and 
 thus to imprint his individuality upon the 
 material world around, to create property. 
 But man is not only an appropriating and 
 producing, he is also an exchanging, being. 
 He always exchanges and always intercom- 
 municates. This constant intertwining of 
 man's individualism and_ socialism creates 
 mutual claims of protection, rights, the ne- 
 cessity of rules, of laws, — in one word, as 
 individuals and as natural members of so- 
 ciety, men produce and require government. 
 No society, no cluster of men, no individuals 
 banded together even for a temporary pur- 
 pose, can exist without some sort of govern- 
 ment instantly springing up. Government is 
 natural to man, and characteristic. No ani- 
 mals have a government; no authority exists 
 among them; instinct and physical submis- 
 sion alone exist among them. Man alone 
 has laws which ought to be obeyed, but may 
 be disobeyed. Expansion, accumulation, de- 
 velopment, progress, relapses, disintegra- 
 tion, violence, error, superstition, the neces- 
 sity of intercommunication, wealth and 
 poverty, peculiar disposition, temperament, 
 configuration of the country, traditional 
 types, pride and avarice, knowledge and ig- 
 norance, sagacity of individuals, taste, activ- 
 ity and sluggishness, noble or criminal bias, 
 position, botti geopraphical and chronolog- 
 ical, — all that affects numbers of men af- 
 fects their governments, and an endless va- 
 riety of governments and political societies 
 has been the consequence; but, whatever 
 form of government may present itself to us, 
 the fundamental idea, however rudely con- 
 
 ceived, is always the protection of society 
 and its members, security of property and 
 person, the administration of justice there- 
 for, and the united efforts of society to fur- 
 nish the means to authority to carry out its 
 objects, — contribution, which, viewed as im- 
 posed by authority, is taxation. Those 
 bands of robbers which occasionally have 
 risen in disintegrating societies, as in India, 
 and who merely robbed and devastated, 
 avowing that they did not mean to admin- 
 ister justice or protect the people, form no 
 exception, although the extent of their 
 soldiery, and the periodicity of their raids, 
 caused them to be called governments. 
 What little of government continued to ex- 
 ist was still the remnant of the communal 
 government of the oppressed hamlets; while 
 the robbers themselves could not exist with- 
 out a government among themselves. 
 
 Aristotle classified governments accord- 
 ing to the seat of supreme power, and he has 
 been generally followed down to very recent 
 times. Accordingly, we had monarchy, that 
 government in which the supreme power is 
 vested in one man, to which was added, at a 
 lateir period, the idea of hereditariness. 
 Aristocracy, the government, in which the 
 supreme power is vested in the aristoi, 
 which does not mean, in this case, the best, 
 but the excelling ones, the prominent, i. e., 
 by property and influence. Privilege is its 
 characteristic. Its corresponding degener- 
 ate government is the oligarchy (from oli- 
 gos, little, few), that government in which 
 supreme power is exercised by a few privi- 
 leged ones, who generally have arrogated 
 the power. Democracy, that government in 
 which supreme power is vested in the people 
 at large. Equality is one of its character- 
 istics. Its degenerate correspondent is the 
 ochlocracy (from ochlos, the rabble), for 
 which at present the barbarous term "mob- 
 ocracy" is frequently used. 
 
 But this classification was insufficient, 
 even at the time of Aristotle, when, for in- 
 stance, theocracies existed; nor is the seat 
 of supreme power the only characteristic, 
 nor, in all respects, by any means the chief 
 characteristic. A royal government, for 
 instance, may be less absolute than a re- 
 publican government. In order to group 
 together the governments and political so- 
 cieties which have existed, and are still ex- 
 isting, with philosophical discrimination, we 
 must pay attention to the chief power holder 
 (whether he be one or whether there are 
 many), to the pervading spirit of the ad- 
 ministration or wielding of the power, to the 
 characteristics of the society, or the in- 
 fluencing interests of the same, to the limita- 
 tion or entirety of public power, to the pecu- 
 liar relations of the citizen to the state. In- 
 deed, every principle, relation, or condition 
 characteristically influencing or shaping so- 
 ciety or government in particular may fur- 
 nish us with a proper division. We propose, 
 then, the following: 
 
GOVERNMENT 
 
 460 
 
 GOVERNMENT 
 
 Grouping of Political Societies and' Govern- 
 ments. 
 
 I. According to the supreme power holder, 
 
 or the placing of supreme power, wheth- 
 er really or nominally so. 
 The power holder may be one, a few, 
 many, or all; and we have, accordingly: 
 
 A. Principalities, that is, states the rulers 
 
 of which are set apart from the 
 ruled, or inherently differ from 
 the ruled, as in the case of the 
 theocracy. 
 (1) ' Monarchy. 
 
 (a) Patriarchy. 
 
 (b) Chieftain government (as 
 
 our Indians). 
 
 (c) Sacerdotal monarchy (as the 
 
 states of the church; for- 
 mer sovereign bishoprics). 
 
 (d) Kingdom, or principality 
 
 proper. 
 
 (e) Theocracy (Jehovah was the 
 
 chief magistrate of the Is- 
 raelitic state). 
 (2) Dyarchy. It exists in Siam, and 
 existed occasionally in the 
 Roman empire; not in Sparta, 
 because Sparta was a republic, 
 although her two hereditary gen- 
 erals were called kings. 
 
 B. Republic. 
 
 (1) Aristocracy. 
 
 ■ (a) Aristocracy proper. 
 
 (aa) Aristocracies which 
 are democracies 
 within the body of 
 aristocrats (as the 
 former Polish- gov- 
 ernment) . 
 
 (bb) Organic internal 
 government (as 
 Venice formerly). 
 
 (b) Oligarchy. 
 
 (c) Sacerdotal republic, or hier- 
 
 archy. 
 
 (d) Plutocracy; if, indeed, we 
 
 adopt this term from an- 
 tiquity for a government 
 in which it is the principle 
 that the possessors of 
 great wealth constitute 
 the body of aristocrats. 
 
 (2) Democracy. 
 
 (a) Democracy proper. 
 
 (b) Ochlocracy (mob rule), 
 
 "mob" meaning unorgan- 
 ized multitude. 
 
 II. According to the unity of the public 
 
 power, or its division and limitation. 
 A. Unrestricted power, or absolutism. 
 (1) According to the form of govern- 
 ment. 
 
 (a) Absolute monarchy, or des- 
 
 potism. 
 
 (b) Absolute aristocracy (Ven- 
 
 ice) ; absolute sacerdotal 
 aristocracy, etc. 
 
 (c) Absolute democracy (the 
 
 government of the Agora, 
 or market democracy). 
 
 (2) According to the organization of 
 the administration. 
 
 (a) Centralized absolutism. Cen- 
 
 tralism, called "bureau- 
 cracy" when carried on by 
 writing; at least, bureau- 
 cracy has very rarely ex- 
 isted, if ever, without cen- 
 tralism. 
 
 (b) Provincial (satraps, pashas, 
 
 proconsuls) . 
 
 B. According to division of public power. 
 
 (1) Governments in which the three 
 
 great functions of public power 
 are separate, viz., the legislative, 
 executive, judiciary. If a dis- 
 tinct term contradistinguished to 
 centralism be wanted, we might 
 call these "co-operative govern- 
 ments." 
 
 (2) Governments in which these 
 
 branches are not strictly sepa- 
 rate, as, for instance, in our gov- 
 ernment, but which are neverthe- 
 less not centralized governments; 
 as Republican Rome, Athens, and 
 several modern kingdoms. 
 
 C. Institutional government. 
 
 (1) Institutional government compre- 
 
 hending the whole, or constitu- 
 tional government. 
 
 (a) Deputative government. 
 
 (b) Representative government. 
 
 (aa) Bicameral, 
 (bb) Unicameral. 
 
 (2) Local self-government. See V. 
 
 We do not believe that any sub- 
 stantial self-government can 
 exist without an institutional 
 character and subordinate self- 
 governments. It can exist only 
 under an institutional govern- 
 ment (see Lieber's Civil Liberty 
 and Self-Government, under "In- 
 stitution") . 
 
 D. Whether the state is the substantive 
 
 or the means, or whether the 
 principle of socialism or individu- 
 alism preponderates. 
 (1) Socialism, that state of society in 
 which the socialist principle pre- 
 vails, or in which government 
 considers itself the substantive; 
 the ancient states absorbing the 
 individual or making citizenship 
 the highest phase of humanity; 
 absolutism of Louis XIV Indeed, 
 all modern absolutism is socialis- 
 tic. 
 (2) Individualism, that system in 
 which the state remains acknowl- 
 edged a means, and the individ- 
 ual the substantive; where pri- 
 mary claims, that is, rights, are 
 felt to exist, for the obtaining' 
 and protection of which the gov- 
 ernment is established, — the gov- 
 ernment, or even society, which 
 must Qot attempt to absorb the 
 
GOVERNMENT 
 
 461 
 
 GOVERNMENT 
 
 individual. The individual is im- 
 mortal, and will be of another 
 world; the state is neither. 
 
 III. According to the descent or transfer of 
 
 supreme power. 
 
 A. Hereditary governments. 
 Monarchies. 
 Aristocracies. 
 Hierarchies, etc. 
 
 B. Elective. 
 Monarchies. 
 Aristocracies. 
 Hierarchies. 
 
 C. Hereditary — elective — governments, 
 
 the rulers of which are chosen from 
 a certain family or tribe. 
 
 D. Governments in which the chief 
 
 magistrate or monarch has the right 
 to appoint the successor; as occa- 
 sionally the Roman emperors, the 
 Chinese, the Russian, in theory, Bon- 
 aparte when consul for life. 
 
 IV. According to the origin of supreme 
 power, real or theoretical. 
 
 A. According to the primordial character 
 
 of power. 
 
 (1) Based on jms divinum. 
 
 (a) Monarchies. 
 
 (b) Communism, which rests its 
 
 claims on a jus divinum, 
 or extrapolitical claim of 
 society. 
 
 (c) Democracies, when p r o- 
 
 claiming that the people, 
 because the people, can do 
 what they list, even 
 against the law; as the 
 Athenians once declared it, 
 and Napoleon III., when 
 he desired to be elected 
 president a second time 
 against the constitution. 
 
 (2) Based on the sovereignty of the 
 
 people. 
 
 (a) Establishing an institutional 
 
 government, as with us. 
 
 (b) Establishing abs o 1 u t i s m 
 
 (the Bonaparte s o v e r- 
 eignty). 
 
 B. Delegated power. 
 
 (1) Chartered governments. 
 
 (a) Chartered city governments. 
 
 (b) Chartered companies, as the 
 
 former great East India 
 Company. 
 
 (c) Proprietary governments. 
 
 (2) Vice royalties; as Egypt, and, 
 
 formerly, Algiers. 
 
 (3) Colonial government with consti- 
 
 tution and high amount of self- 
 government, — a government of 
 great importance in modern his- 
 tory. 
 
 V. Constitutions. {To avoid too many sub- 
 
 divisions, this subject has been treated 
 here separately. See II). 
 Constitutions, the fundamental laws on 
 Which governments rest, and which deter- 
 mine the relation in which the citizen stands 
 to the government, as well as each portion 
 
 of the government to the whole, and which, 
 therefore, give feature to the political so- 
 ciety, may be: 
 
 A. As to their origin. 
 
 (1) Accumulative; as the constitutions 
 
 of England or Republican Rome. 
 
 (2) Enacted constitutions (generally, 
 
 but not philosophically, called 
 "written constitutions") . 
 
 (a) Octroyed constitutions (as 
 
 the French, by Louis 
 XVIII). 
 
 (b) Enacted by the people, as 
 
 our constitutions. ("We, 
 the people, charter govern- 
 ments ; formerly govern- 
 ments chartered the liber- 
 ties of the people.") 
 
 (3) Pacts between two parties, ,con- 
 
 tracts, as Magna Charta, and 
 most charters in the Middle 
 Ages. The medieval rule was 
 that as much freedom was en- 
 j6yed as it was possible to con- 
 quer, — expugna/re in the true 
 sense. 
 
 B. As to extent or uniformity. 
 
 (1) Broadcast over the land. We may 
 
 call them national constitutions, 
 popular constitutions, constitu- 
 tions for the whole state. 
 
 (2) Special' charters. Chartered, ac- 
 
 cumulated and varying fran- 
 chises, medieval character. (See 
 article "Constitution" in the En- 
 cyclopaedia Americana.) 
 VI. As to the extent and comprehension of 
 the chief government. 
 A. Military governments. 
 
 (1) Commercial government; one of 
 
 the first in Asia, and that into 
 which Asiatic society relapses, 
 as the only remaining element, 
 when barbarous conquerors de- 
 stroy all bonds which can be 
 torn by them. 
 
 (2) Tribal government. 
 
 (a) Stationary. 
 
 (b) Nomadic. We mention the 
 
 nomadic government un- 
 der the tribal government, 
 because no other govern- 
 ment has been nomadic, 
 except the patriarchal 
 government, which indeed 
 is the incipiency of the 
 tribal government. 
 
 (3) City government; that is, city 
 
 states; as all free states of an- 
 tiquity, and as the Hanseatic 
 governments in modern times. 
 
 (4) Government of the Medieval Or- 
 
 ders extending over portions of 
 societies far apart; as the Temp- 
 lars, Teutonic Knights, Knights 
 of St. John. Political societies 
 without necessary territory, al- 
 though they had always landed 
 property. 
 
GOVERNMENT 
 
 462 
 
 GRAFT 
 
 (5) National states; that is, populous 
 political societies spreading over 
 an extensive and cohesive terri- 
 tory beyond the limits of a city. 
 B. Confederacies. 
 
 (1) As to admission of members, or 
 
 extension. 
 
 (a) Closed, as the Amphictyonic 
 
 council, Germany. 
 
 (b) Open, as ours. 
 
 (2) As to the federal character, or the 
 
 character of the members, as 
 states. 
 
 (a) Leagues. 
 
 (aa) Tribal 
 c ies; 
 
 confedera- 
 frequently 
 observed in Asia; 
 generally of a loose 
 character. 
 
 (bb) City leagues, as the 
 Hanseatic League, 
 the Lombard 
 League. 
 
 (cc) Congress of deputies, 
 voting by states 
 and according to 
 instruction; as the 
 Netherlands r e- 
 public and our Ar- 
 ticles of Confeder- 
 a t i o n, Germanic 
 Confederation. 
 
 (dd) Present "state sys- 
 tem of Europe" 
 (with constant 
 congresses, if we 
 may call this "sys- 
 tem," a federative 
 government in its 
 incipiency) . 
 (b) Confederacies proper, with 
 
 national congress. 
 
 (aa) With ecclesiae or 
 democratic c o n - 
 gress (Achaean 
 League) . 
 
 (bb) With representative 
 national congress, 
 as ours. 
 C. Mere agglomerations of one ruler. 
 
 (1) As the early Asiatic monarchies, 
 
 or Turkey. 
 
 (2) Several crowns in one head; as 
 
 Austria, Sweden, Denmark. 
 VII. As to the construction of society, the 
 title of property and allegiance. 
 A. As to the classes of society. 
 
 (1) Castes, hereditarily dividing the 
 
 whole population, according to 
 occupations and privileges. India, 
 ancient Egypt. 
 
 (2) Special castes. 
 
 (a) Government with privileged 
 
 classes or caste; nobility. 
 
 (b) Government with degraded 
 
 or oppressed caste; slav- 
 ery. 
 
 (c) Governments founded on 
 equality of citizens (the 
 uniform tendency of mod- 
 ern civilization) . 
 
 B. As to property and production. 
 
 (1) Communism. 
 
 (2) Individualism. 
 
 C. As to allegiance. 
 
 (1) Plain, direct; as in unitary gov- 
 
 ernments. 
 
 (2) Varied; as in national confedera- 
 
 cies. 
 
 (3) Graduated or encapsulated; as in 
 
 the feudal system, or as is the 
 case with the serf. 
 
 D. Governments are occasionally called 
 
 according to the prevailing inter- 
 ests or classes; as 
 
 Military states; for instance, Prussia 
 under Frederick II. 
 
 Maritime state. 
 
 Commercial. 
 
 Agricultural. 
 
 Manufacturing. 
 
 Ecclesiastical, etc. 
 VIII. According to simplicity or complexity, 
 as in all other spheres, we have — 
 
 A. Simple governments (formerly called 
 
 "pure"; as "pure democracy"). 
 
 B. Complex governments, formerly called 
 
 "mixed." 
 
 GRACE. Favor or indulgence, as distin- 
 guished from right. 
 
 GRACE, DAYS OF. See "Days of Grace." 
 
 GRADATIM (Lat.) In old English law. 
 By degrees or steps; step by step; from one 
 degree to another. Bracton, fol. 64. 
 
 GRADUS (Lat. a step). A measure of 
 space. Vicat. A degree of relationship (rfis- 
 tantia cognatorum). Heinec. Elem. Jur. 
 Civ. § 1B3; Bracton, fols. 134, 374; Fleta, 
 lib. 6, c. 2, § 1; Id. lib. 4, c. 17, § 4. 
 
 A step or degree generally; e. g., gradus 
 honorum, degrees of honor. Vicat. A pul- 
 pit; a year; a generation. Du Cange. 
 
 A port; any place where a vessel can be 
 brought to land. Du Cange. 
 
 GRADUS PARENTELAE. A pedigree; a 
 table of relationship. 
 
 GRAFFER, or GRAFFARIUS. In old Eng- 
 lish law. A graffer, notary, or scrivener. 
 St. 5 Hen. VIII. c. 1. 
 
 GRAFFIUM. A register; a leger book or 
 cartulary of deeds and evidences. 
 
 GRAFIO. A baron, inferior to a count. 1 
 Mart. Anec. Collect. 13. A fiscal judge; an 
 advocate. Du Cange; Spelman; Cowell. For 
 various derivations, see Du Cange. 
 
 GRAFT. In equity. A term used to desig- 
 nate the right of a mortgagee in premises to 
 which the mortgagor at the time of making 
 the mortgage had an imperfect title, but who 
 afterwards obtained a good title. In this 
 
GRAIN 
 
 463 
 
 GRAND JURY 
 
 case the new mortgage is considered a graft 
 into the old stock, and as arising in consid- 
 eration of the former title. 1 Ball & B. 40, 
 46, 57; 1 Powell, Mortg. 190. See 9 Mass. 
 84. The same principle has obtained by leg- 
 islative enactment in Louisiana. If a per- 
 son contracting an obligation towards an- 
 other, says the Civil Code (article 2371), 
 grants a mortgage on property of which he 
 is not then the owner, this mortgage shall 
 be valid if the debtor should ever acquire 
 the ownership of the property, by whatever 
 right. 
 
 GRAIN. The twenty-fourth part of a pen- 
 njrweight. 
 
 For scientific purposes the grain only is 
 used, and sets of weights are constructed in 
 decimal progression, from ten thousand 
 grains to one hundredth of a grain. 
 
 Wheat, rye, barley, or other corn sown in 
 the ground. In Pennsylvania, a tenant for 
 a certain term is entitled to the away-going 
 crop. 2 Bin. (Pa.) 487; 5 Bin. (Pa.) 258, 
 289; 2 Serg. & R. (Pa.) 14. See "Away- 
 Going Crop." 
 
 GRAINAGE. In English law. The name 
 of an ancient duty collected in London, con- 
 sisting of one-twentieth part of the salt im- 
 ported into that city. 
 
 GRAMMATICA FALSA NON VITIAT 
 chartam. False grammar does not vitiate a 
 deed. 9 Coke, 48. 
 
 GRAMMATOPHYLACIUM (Graeco-Lat.) 
 In the civil law. A place for keeping writ- 
 ings or records. Dig, 48. 19. 9. 6. 
 
 GRAMME. A French weight. The gramme 
 is the weight of a cubic centimetre of dis- 
 tilled water at the temperature of zero. It 
 is equal to 15.4441 grains troy, or 5.6481 
 drachms avoirdupois. 
 
 GRANATARIUS (Law Lat.) In old Eng- 
 lish law. An officer having charge of a 
 granary. Fleta, lib. 2, c. 82, § 1; Id. c. 84. 
 
 GRAND ASSIZE. An extraordinary trial 
 by jury, instituted by Henry II., by way of 
 alternative offered to the choice of the ten- 
 ant or defendant in a writ of right, instead 
 of the barbarous custom of trial by battel. 
 For this purpose, a writ de magna assiza eli- 
 ganda was directed to the sheriff to return 
 four knights, who were to choose twelve 
 other knights to be joined with themselves; 
 and these sixteen formed the grand assize, 
 or great jury, to try the right between the 
 parties. 3 Bl. Comm. 351. 
 
 GRAND BILL OF SALE. In Elnglish law. 
 The name of an instrument used for the 
 transfer of a ship while she is at sea. See 
 "Bill of Sale"; 7 Mart. (La.) 318. 
 
 GRAND CAPE, In English law. A writ 
 judicial which lieth when a man has brought 
 a praecipe quod reddat, of a thing that 
 toucheth plea of lands, and the tenant makes 
 default on the day given him in the writ 
 
 original, then this writ shall go for the king, 
 to take the land into the king's hands, and, 
 if he comes not at the day given him by the 
 grand cape, he has lost his lands. Old Nat. 
 Brev. fols. 161, 162; Reg. Jud. fol. 2b; Brac- 
 ton, lib. 5, tr. 3, c. 1, Nos. 4, 5, 6. So called 
 because its Latin form began with the word 
 cape, "take thou," and because it had more 
 words than the petit cape, or because petit 
 cape summons to answer for default only. 
 Petit cape issues after appearance to the 
 original writ, grand cape before. 
 
 GRAND COUTUMIER. Two collections 
 of laws bore this title. One, also called the 
 "Coutumier of France," is a collection of the 
 customs, usages, and forms of practice 
 which had been used from time immemorial 
 in France; the other, called the "Coutumier 
 de Normandie" (which, indeed, with some 
 alterations, made a part of the former) , was 
 composed about the fourteenth of Henry 
 III., A. D. 1229, and is a collection of the 
 Norman laws, not as they stood at the con- 
 quest of England by William the Conqueror, 
 but some time afterwards, and contains 
 many provisions probably borrowed from 
 the old English or Saxon laws. Hale, Hist. 
 Com. Law, c. 6. 
 
 GRAND DAYS. In English practice. 
 Those days in the term which are solemnly 
 kept in the inns of court and chancery, viz.. 
 Candlemas Day in Hilary term. Ascension 
 Day in Easter term, St. John the Baptist's 
 Day in Trinity term, and All Saints' Day in 
 Michaelmas term, which are dies nonjuri- 
 dici, or no days in court, and are set apart 
 for festivity. Jacob. 
 
 GRAND DISTRESS. In English practice. 
 A process which formerly issued where the 
 defendant, after being attached, neglected 
 to appear; its object being to compel an ap- 
 pearance by distraining his goods (3 Bl. 
 Comm. 280). It is called "grand" from its 
 extent and stringency. Blount. 
 
 GRAND JURY. In practice. A body of 
 men, consisting of not less than twelve nor 
 more than twenty-four, respectively re- 
 turned by the sheriff of every county to 
 every session of the peace, oyer and term- 
 iner, and general gaol delivery, to whom 
 indictments are preferred. 4 Bl. Comm. 302; 
 1 Chit. Crim. Law, 310, 311. 
 
 There is reason to believe that this insti- 
 tution existed among the Saxons. Crabb, 
 Hist. Eng. Law, 35. By the constitutions 
 of Clarendon, enacted 10 Hen. II. (A. D. 
 1164) , it is provided that, "if such men were 
 suspected whom none wished or dared to ac- 
 cuse, the sheriff, being thereto required by 
 the bishop, should swear twelve men of 
 the neighborhood, or village, to declare the 
 truth" respecting such supposed crime, 
 the jurors being summoned as witnesses or 
 accusers, rather than judges. It seems to be 
 pretty certain that this statute either estab- 
 lished grand juries, if this institution did not 
 
GKAND LARCENY 
 
 464 
 
 GRASSHEARTH 
 
 exist before, or recognized them if they al- 
 ready existed. 1 Spence, Eq. Jur. 63. 
 
 GRAND LARCENY. 
 
 ^At Common Law. Simple larceny was 
 
 divided into grand and petit. The former 
 was committed by the stealing of property 
 exceeding twelve pence in value; the latter, 
 when the property was of the value of 
 twelve pence or under. This distinction 
 was not abolished till the reign of George 
 IV. Grand larceny was a capital offense, 
 but clergyable unless attended with certain 
 aggravations. Petit larceny was punish- 
 able with whipping, "or some such corporal 
 punishment less than death"; and, being a 
 felony, it was subject to forfeiture, whether 
 upon conviction or flight. 
 
 In the United States. The distinction 
 
 between grand and petit larceny is gen- 
 erally preserved; the amount necessary to 
 be stolen to constitute grand larceny being 
 ordinarily about twenty dollars. Grand 
 larceny is a felony, and petit larceny a 
 misdemeanor. 
 
 GRAND SERJEANTY. In English law. 
 A species of tenure in capite, by certain 
 personal and honorable services to the king, 
 called "grand" in respect of the honor of so 
 serving the king. Instances of such services 
 are, the carrying of the king's banner, per- 
 forming some service at his coronation, etc. 
 The honorable parts of this tenure were re- 
 tained, and its oppressive incidents swept 
 away, by St. 12 Car. II. c. 24. Termes de 
 la Ley; 2 Sharswood, Bl. Comm. 73; 1 
 Steph. Comm. 198. 
 
 GRANDCHILDREN. The children of 
 one's children. Sometimes these may claim 
 bequests given in a will to children, though, 
 in general, they can make no such claim. 
 6 Coke, 16. See "Child"; "Construction." 
 
 GRANGE. A barn or granary; other out- 
 buildings used in husbandry. 
 
 GRANGIARIUS, or GRANGEARIUS. A 
 grange keeper. 
 
 GRANT. 
 
 At Commbn Law. A transfer by deed 
 
 of that which cannot pass by livery. Wil- 
 liams, Real Prop. 149. 
 
 A grant was proper to transfer an incor- 
 poreal hereditament or a reversion or vested 
 remainder in land, but in England, before 
 1845, a grant was not effectual to transfer 
 an estate in fee in land in possession. 7 
 W. Va. 235. 
 
 A grant is now sufficient to convey any 
 estate. 12 Minn. 468. 
 
 In Modern Law. A general term, In- 
 cluding all sorts of conveyances. 4 Mason 
 (U. S.) 69. 
 
 The term is properly applicable only to 
 realty (1 Mont. 410), but it has been ap- 
 plied to personalty. 12 Minn. 468. 
 
 It is particularly applied to conveyances 
 by the government, whether of lands or of 
 incorporeal hereditaments, as franchises. 
 
 By the word "grant," in a treaty, is 
 meant not only a formal grant, but any 
 concession, warrant, order, or permission to 
 survey, possess, or settle, whether written 
 or parol, express, or presumed from pos- 
 session. Such a grant may be made by law, 
 as well as by a patent pursuant to a law. 
 12 Pet. (U. S.) 410. See 9 Adol. & E. 
 532; 5 Mass. 472; 9 Pick. (Mass.) 80. 
 
 "Office grant" applies to conveyances 
 made_ by some officer of the law to effect 
 certain purposes, where the owner is either 
 unwilling or unable to execute the requisite 
 deeds to pass the title. 
 
 "Private grant" is a grant by the deed of 
 a private person. 
 
 "Public grant" is the mode and act of 
 creating a title in an individual to lands 
 which had previously belonged to the gov- 
 ernment. 
 
 The public lands of the United States, 
 and of the various states, have been to a 
 great extent conveyed by deeds or patents 
 issued in virtue of general laws; but many 
 specific grants have also been made, and are 
 the usual method of 'transfer during the 
 colonial period. See 2 Washb. Real Prop. 
 517-536; 4 Kent, Comm. 450, 494; 8 Wheat. 
 (U. S.) 543; 6 Pet. (U. S.) 548; 16 Pet. (U. 
 S.) 367; Brightly, Dig. U, S. Laws, 
 "Lands"; "Patent." 
 
 Among the modes of conveyance included 
 under office grant are levies and sales to 
 satisfy execution creditors, sales by order 
 or decree] of a court of chancery, sales by 
 order or license of court, sales for nonpay- 
 ment of taxes, and the like. See Blackw. 
 Tax Titles, passim; 2 Washb. Real Prop. 
 536-549. 
 
 With regard to private grants, see 
 "Deed." 
 
 GRANT, BARGAIN, AND SELL. Words 
 used in instruments of conveyance of real 
 estate. See "Construction"; 8 Barb. (N. 
 Y.) 463; 32 Me. 329; 1 T. B. Mon. (Ky.) 
 30; 1 Conn. 79; 5 Tenn. 124; 2 Bin. (Pa.) 
 95; 11 Serg. & R. (Pa.) 109; 1 Mo. 576; 
 1 Murph. (N. C.) 343. 
 
 GRANT OF PERSONAL PROPERTY. A 
 
 method of transferring personal property, 
 distinguished from a gift by being always 
 founded on some consideration or equiva- 
 lent. 2 Bl. Comm. 440, 441. Its proper 
 legal designation is an "assignment," or 
 "bargain and sale." 2 Steph. Comm. 102. 
 
 GRANT TO USES. This is common grant, 
 with uses superadded, and has become the 
 favorite mode of transferring realty. Whar- 
 ton. 
 
 GRANTEE. He to whom a grant Is made. 
 
 GRANTOR. He by whom a grant is 
 made. 
 
 GRANTZ. In old English law. Noblemen. 
 
 GRASSHEARTH. In old English law. 
 The name of an ancient customary service 
 
GRASSON 
 
 465 
 
 GREEN WAX 
 
 of tenants' doing one day's work for their 
 landlord. 
 
 GRASSON. In feudal law. A fine paid on 
 transfer of a copyhold. 
 
 GRATIFICATION. A reward given volun- 
 tarily for some service or benefit rendered, 
 without being requested so to do, either ex- 
 pressly or by implication. 
 
 GRATIS (Lat.) Without reward or con- 
 sideration. 
 
 GRATIS DICTUM (Lat.) A saying not re- 
 quired; a statement voluntarily made with- 
 out necessity. 
 
 GRATUITOUS. Without valuable or 
 legal consideration. A term applied to deeds 
 of conveyance. 
 
 In Old English Law. Voluntary; 
 
 without force, fear, or favor. Bracton, fols. 
 11, 17. 
 
 GRATUITOUS CONTRACT. In civil law. 
 One the object of which is for the benefit 
 of the person with whom it is made, vrith- 
 out any profit, received or promised, as a 
 consideration for it; as, for example, a 
 gift. 1 Bouv. Inst, note 709. 
 
 GRAVA. In old deeds, a little wood. In 
 old English law, a grove; a small wood; a 
 coppice or thicket. A thick wood of high 
 trees. Co. Litt. 4b. Cowell; Blount; Spel- 
 man. 
 
 GRAVAMEN (Lat.) The grievance com- 
 plained of; the substantial cause of the ac- 
 tion. See Greenl. Ev. § 66. 
 
 GRAY AT 10 (Lat.) An accusation. 
 
 GRAVIS (Lat.) Grievous; great. Ad 
 grave damnum, to the grievous damage. 11 
 Coke, 40. 
 
 G RAVI US (Law Lat.) In old European 
 law. A grave; a chief magistrate or ofiicer. 
 A term derived from the more ancient "grw- 
 ik," and used in combination with various 
 other words, as an official title in Germany; 
 as Margravius, Rheingravius, Landgravius, 
 etc. Spelman, voc. "Grafio." 
 
 GRAVIUS EST DIVINAM QUAM TEM- 
 poralem laedere majestatem. It is more seri- 
 ous to hurt divine than temporal majesty. 
 11 Coke, 29. 
 
 GRAY'S INN. An inn of court. See "Inns 
 of Court." 
 
 GREAT CATTLE. In English law. All 
 manner of beasts, except sheep and year- 
 lings. 2 RoUe, 173. 
 
 GREAT CHARTER. See "Magna Char- 
 ta." 
 
 GREAT LAW. The name of an act of the 
 legislature of Pennsylvania, passed at Ches- 
 ter immediately after the arrival of Wil- 
 
 liam Penn, December 7, 1682. Sergeant, 
 Land Laws Pa. 24, 230. 
 
 GREAT SEAL. By act of union (article 
 24) it was provided that there should be 
 one great seal for the United Kingdom, to 
 be used In sealing writs, to summon parlia- 
 ment, foreign treaties, etc., in all public 
 acts which concern the United Kingdom, 
 and all acts which concern England, and 
 that a seal should be kept in Scotland, to 
 be used in all things relating to private 
 rights or grants which had theretofore 
 passed the Great Seal of Scotland. Whar- 
 ton. 
 
 GREAT TITHES. In eccleciastical law. 
 The more valuable tithes ; as, corn, hay, and 
 wood. 3 Burn, Ecc. Law, 680, 681; 3 Steph. 
 Comm. 127. 
 
 GREE. Satisfaction for an offense com- 
 mitted, or injury done. Cowell. 
 
 GREEK. An important language in law, 
 being the language of a large portion of the 
 Corpus Juris Civilis. 
 
 The Novels of Justinian and his succes- 
 sors are, almost without exception, written 
 in Greek; several of the constitutions in 
 the Code are in the same language; and ex- 
 tracts from Greek writers, with numerous 
 detached words and phrases, are scattered 
 through the Pandects. 
 
 This Greek of the civil law, however, is, to 
 a great extent, a corrupt and barbarous dia- 
 lect, resembling in its uncouth combinations 
 those varieties of the Latin and French, 
 known as Law Latin and Law French, 
 which were for so long a period the lan- 
 guages of the law and practice of England, 
 and obviously framed on the same princi- 
 ples. Its peculiarities are (1) the conver- 
 sion of Latin words into Greek, by simply 
 writing them in Greek letters; (2) the mix- 
 ture of Latin and Greek words together; 
 and (3) the formation of new words by 
 giving to Latin words Greek terminations. 
 
 GREEN CLOTH. An English board or 
 court of justice, composed of the lord stew- 
 ard and inferior officers, and held in the 
 royal household. So named from the cloth 
 upon the board at which it is held. 
 
 GREEN GOODS. A slang term for coun- 
 terfeit money. Usually used in connection 
 with a swindle whereby, under a pretense of 
 selling counterfeit money, some worthless 
 substance is palmed off on the buyer. See 
 79 Hun (N. Y.) 310; 51 Hun (N. Y.) 624. 
 
 GREEN SILVER. A feudal custom in the 
 manor of Writtel, in Essex, where every ten- 
 ant whose front door opens to Greenbury 
 shall pay a half -penny yearly to the lord, by 
 the name of "green silver" or "rent." Cow- 
 ell. 
 
 GREEN WAX. In English law. The name 
 of the estreats of fines, issues and amerce- 
 ments in the exchequer, delivered to the 
 
GREENBACKS 
 
 466 
 
 GROSSEMENT 
 
 sheriff under the seal of that court, which 
 is made with green wax. 
 
 GREENBACKS. The term greenback Is 
 the popular and almost exclusive name ap- 
 plied to all United States treasury issues, 
 and is not applied to any other species of 
 paper currency. 23 Ind. 23. 
 
 6REEVE, GREF. (Law Fr.) Grievous; 
 severe. 
 
 GREGORIAN EPOCH. The time from 
 which the Gregorian calendar or computa- 
 tion dates, i. €.,■ from the year 1582. 
 
 GREMIO. In Spanish law. The union of 
 merchants, artisans, laborers, or other per- 
 sons who follow the same pursuits, and are 
 governed by the same regulations. The 
 word "guild," in English, has nearly the 
 same signification. 
 
 GREMIUM (Lat.) Bosom. Ainsworth. 
 De gremio mittere, to send from their 
 bosom; used of one sent by an ecclesiasti- 
 cal corporation or body. A latere mittere, 
 to send from his side, or one sent by an 
 individual; as, a legate sent by the pope. 
 Du Cange. In English law, an inheritance 
 is said to be in gremio legis, in the bosom 
 or under the protection of the law, when it 
 is in abeyance. See "In Nubibus." 
 
 GRESSUME, GRESSAME, GRESSUM, or 
 grossome (Scotch, grassum). In old Eng- 
 lish law. A fine due from a copyholder on 
 the death of his lord. Plowd. fols. 271, 
 285 ; 1 Strange, 654. Cowell derives it from 
 gersum. 
 
 GRETNA GREEN, MARRIAGE. A mar- 
 riage celebrated at Gretna, in Dumfries 
 (bordering on the county of Cumberland), 
 in Scotland. By the law of Scotland, a valid 
 marriage may be contracted by consent 
 alone, without any other formality. When 
 the marriage act (26 Geo. II. c. 33) ren- 
 dered the publication of banns, or a license, 
 necessary in England, it became usual for 
 persons who wished to marry clandestinely 
 to go to Gretna Green, the nearest part of 
 Scotland, and marry according to the Scotch 
 law; so a sort of chapel was built at Gretna 
 Green, in which the English marriage serv- 
 ice was perfoirmed by the village blacksmith. 
 19 & 20 Vict. c. 96, § 1, now requires twen- 
 ty-one days previous residence in Scotland, 
 unless one of the parties has a usual place 
 of residence therein. Wharton. 
 
 GREVA. (L. Lat.) In old records. The 
 sea-shore, sand or beach. 2 Mon. Angl. 
 625. Cowell. 
 
 GREVE, Gereve. Sax. The contracted 
 form of gerefa or grefa, used in the time 
 of Edward the Confessor, to denote a chief 
 magistrate or lord. Spelman. 
 
 GREVEMENT. (Law Fr.) Grievously; 
 heavily, or severely. 
 
 GREVER. (Law Fr.) To hurt or harm. 
 Britt. c. 22. 
 To prejudice or injure. Id. cc. 28, 39. 
 
 GRIEVED. Aggrieved. 3 East, 22. 
 
 GRIST. Grain carried to the mill to be 
 ground separately for the owner; grain car- 
 ried to the mill for grinding at one time. 
 119 111. App. 44. 
 
 GRITH (Saxon). Peace. 
 
 GRITHBRECH (Saxon, grith, peace, and 
 brych, breaking). Breach of the king's 
 peace, as opposed to frithbrech, a breach of 
 the nation's peace with other nations. Leg. 
 Hen. I. c. 36; Chart. Wilhelm, Conq. Eccl. 
 St. Pauli in Hist, ejusd. fol. 90. 
 
 GRITHSTOLE (Saxon). In Saxon law. A 
 seat, chair, or place of peace; a sanctuary; 
 a stone within a church gate, to which an of- 
 fender might flee. Skene writes the word 
 "girtholl." 
 
 GROCER. In old E^iglish law. A mer- 
 chant or trader who engrossed all vendible 
 merchandise; an engrosser. St. 37 Edw. III. 
 c. 5. See "Engrosser." 
 
 GROSS. Great or large; whole or entire; 
 amount; the sum total; without deduction 
 of any kind. 246 111. 209. 
 
 GROSS ADVENTURE. In maritime law. 
 A maritime or bottomry loan. It is so 
 called because the lender exposes his money 
 to the perils of the sea, and contributes to 
 the gross or general average. Poth.; Par- 
 dessus. 
 
 GROSS AVERAGE. In maritime law. 
 That kind of average which falls on the 
 ship, cargo, and freight, and is distin- 
 guished from "particular average." See 
 "Average." 
 
 GROSS NEGLIGENCE. The omission of 
 that care which even inattentive and 
 thoughtless men never fail to take of their 
 own property. Jones, Bailm. 
 
 The want of slight diligence. 103 111. 
 523. 
 
 Lata culpa, or, as the Roman lawyers 
 most accurately called it, dolo proxima, is, 
 in practice, considered as equivalent to do- 
 lus, or fraud itself. It must not be con- 
 founded, however, with fraud; for it may 
 exist consistently with good faith and hon- 
 esty of intention, according to common-law 
 authorities. 
 
 GROSS WEIGHT. The total weight of 
 goods or merchandise, with the chests, bags, 
 and the like, from which are to be deducted 
 tare and tret. 
 
 GROSSE BOIS. Great or large wood; 
 timber. Cowell. 
 
 GROSSEMENT (Law Fr.) Largely; 
 greatly. Grossement enseint, big with child. 
 Plowd. 76. 
 
GROSSOME 
 
 467 
 
 GUARDIAN 
 
 GROSSOME. See "Gressume." 
 
 GROUND ANNUAL. In Scotch law. An 
 annual rent of two kinds: First, the feu- 
 duties payable to the lords of erection and 
 their successors; second, the rents reserved 
 for building lots in a city, where sub-feus 
 are prohibited. This rent is in the nature 
 of a perpetual annuity. Bell, Diet.; Ersk. 
 Inst. 11. 3. 52. 
 
 GROUND LANDLORD. The person to 
 whom ground rent is reserved. 
 
 GROUND RENT. Rent paid for the privi- 
 lege of building on another man's land. 
 Johnson; Webster. A rent reserved by the 
 owner of unimproved land upon a lease of 
 the land to be built upon, as contradistin- 
 guished from the rent paid to the lessee by 
 his tenant of the premises where the build- 
 ings are erected, and from the ordinary rent 
 paid by the tenant to his landlord upon a 
 demise of lands and tenements. 
 
 A rent reserved to himself and his heirs, 
 by the grantor of land in fee simple, out of 
 the land conveyed. See 9 Watts (Pa.) 262; 
 8 Watts & S. (Pa.) 185; 2 Am. Law Reg. 
 577. 
 
 GROUND WRIT. By the English com- 
 mon-law procedure act of 1852 (chapter 
 121) , "it shall not be necessary to issue any 
 writ directed to the sheriff of the county in 
 which the venue is laid, but writs of execu- 
 tion may issue at once into any county, and 
 be directed to and executed by the sheriff 
 of any county, whether a county palatine 
 or not, without reference to the county in 
 which the venue is laid, and without any 
 suggestion of the issuing of a prior writ 
 into such county." Before this enactment, 
 a ea. sa. or fi. fa. could not be issued into 
 a county different from that in which the 
 venue in the action was laid, without first 
 issuing a writ, called a "ground writ," into 
 the latter county, and then another writ, 
 which was called a "testatum writ," into 
 the former. The above enactment abolished 
 this useless process. Wharton. 
 
 GROUNDAGE. In maritime law. The 
 consideration paid for standing a ship in a 
 port. Jacob. 
 
 GROWTH HALF-PENNY. A rate paid in 
 some places for the tithe of every fat beast, 
 ox, or other unfruitful cattle. Rapalje & L. 
 
 GRUARII. The principal officers of a for- 
 est. Rapalje & L. 
 
 6UADIA, or WADIA. In old European 
 law. A pledge. Spelman; Calv. Lex. A 
 custom. Spelman. 
 
 GUARANTEE. He to whom a guaranty 
 is made. 
 
 GUARANTOR. He who makes a guar- 
 anty. 
 
 GUARANTY. An undertaking to answer 
 for another's liability, and collateral there- 
 to. A collateral undertaking to pay the debt 
 of another in case he does not pay it. Shaw, 
 C. J., 24 Pick. (Mass.) 252. 194 111. App. 
 514. 
 
 It is distinguished from suretyship in be- 
 ing a secondary, while that is a primary, 
 obligation; or, as sometimes defined, guar- 
 anty is an undertaking that the debtor shall 
 pay; suretyship, that the debt shall be paid. 
 
 The undertaking is essentially in the al- 
 ternative. A guarantor cannot be sued as a 
 promisor, as the surety may; his contract 
 must be specially set forth. A guarantor 
 warrants the solvency of the promisor, 
 which an indorser does not. 8 Pick. (Mass.) 
 423. 
 
 Guaranty, as distinguished from "surety- 
 ship," is an independent contract, while the 
 surety is bound jointly with his principal. 
 "A contract of suretyship is a direct liabil- 
 ity for the act to be performed by the debtor, 
 and a guaranty is a liability only for his 
 ability to perform the act." 52 Pa. St. 440. 
 
 As distinguished from "indemnity," in 
 that a principal obligation is essential to 
 guaranty, while indemnity may be a pri- 
 mary contract. 
 
 Guaranties are either: 
 
 (1) General, running to any person deal- 
 ing with the principal. 
 
 (2) Special, to a particular person. 
 
 (3) Limited, i. e., covering only a parti- 
 cular transaction. 
 
 (4) Continuing, applicable to a class of 
 future transactions. 
 
 (5) Absolute, conditioned only on the de- 
 fault of the principal. 
 
 (6) Conditional, dependent on some ex- 
 traneous condition. 
 
 GUARANTY INSURANCE. A guaranty 
 or insurance against loss in case a person 
 named shall make a designated default, or 
 be guilty of specified conduct. 9 Am. & 
 Eng. Enc. Law, 65, quoted in 174 111. 310. 
 
 GUARDIAN. One who legally has the 
 care and management of the person, or the 
 estate, or both, of a child during its minor- 
 ity. Reeve, Dom. Rel. 311. 
 
 A person having the control of the prop- 
 erty of a minor without that of his person 
 is known in the civil law, as well as in some 
 of the states of the United States, by the 
 name of "curator." 1 Lee. Elm. 241; Rev. 
 St. Mo. 1855, p. 823. 
 
 Guardians are also sometimes appointed 
 of idiots, spendthrifts, etc. 
 
 The general classes of guardians are: 
 
 (1) Guardian by chancery. This guardian- 
 ship, although unknown at the common law, 
 is well established in practice now. It grew 
 up in the time of William III., and had its 
 foundation in the royal prerogative of the 
 king as parens patriae. 2 Fonbl. Eq. (5th 
 Ed.) 246. 
 
 This power the sovereign is presumed to 
 have delegated to the chancellor. 10 Ves. 
 63; 2 P. Wms. 118; Reeve, Dom. Rel. 817. 
 
GUARDIAN 
 
 468 
 
 GUERPI 
 
 By virtue of it, the chancellor appoints a 
 guardian where there is none, and exercises 
 a superintending control over all guardians, 
 however appointed, removing them for mis- 
 conduct, and appointing others in their 
 stead. Co. Litt. 89; 2 Bulst. 679; 1 P. Wms. 
 703; 8 Mod. 214; 1 Ves. Jr. 160; 2 Kent, 
 Comm. 227. 
 
 This power, in the United States, resides 
 in courts of equity (1 Johns. Ch. [N. Y.] 
 99; 2 Johns. Ch. [N. Y.] 439), and in pro- 
 bate or surrogate courts (2 Kent, Comm. 
 226; 30 Miss. 458; 3 Bradf. Sur. [N. Y.] 
 133). 
 
 (2) Guardian by nature. The father, and, 
 on his death, the mother. 2 Kent, Comm. 
 220; 2 Root (Conn.) 320; 7 Cow. (N. Y.) 
 36; 2 Wend. (N. Y.) 158; 4 Mass. 675. 
 
 (3) Guardian by nurture. This guardian- 
 ship belonged to the father, then to the 
 mother. The subject of it extended to the 
 younger children, not the heirs apparent. 
 In this country it does not exist, or, rather, 
 it is nierged in the higher and more durable 
 guardianship by nature, because all the chil- 
 dren are heirs, and, therefore, the subject 
 of that guardianship. 2 Kent, Comm. 221; 
 Reeve, Dom. Rel. 315; 6 Ga. 401. It ex- 
 tended to the person only (6 Conn. 494; 40 
 Eng. Law & Eq. 109), and terminated at 
 the age of fourteen (1 Bl. Comm. 461). 
 
 (4) Guardian in socage. This guardian- 
 ship arose when socage lands descended to 
 an infant under fourteen years of age; at 
 which period it ceased if another guardian 
 was appointed, otherwise it continued. And. 
 313; 5 Johns. (N. Y.) 66. 
 
 The person entitled to it by common law 
 was the next of kin, who could not by any 
 possibility inherit the estate. 1 Bl. Comm. 
 461. Although formerly recognized in New 
 York, it was never common in the United 
 States (5 Johns. [N. Y.] 66; 7 Johns. [N. 
 Y.] 157), because, by the statute of des- 
 cents generally in force in this country, 
 those who are next of kin may eventually 
 inherit. Wherever it has been recognized, 
 it has been in a form differing materially 
 from its character at common law. 15 
 Wend. (N. Y.) 631. 
 
 (5) Guardians by statute. These are of 
 two kinds: First, testamentary; second, 
 those appointed by court in pursuance of 
 some statute. 
 
 (6) Testamentary guardians. These are 
 appointed by the deed or last will of the 
 father, and they supersede the claims of all 
 other guardians, and have control of the 
 person and the real and personal estate of 
 the child till he arrives at full age. 
 
 (7) Guardians appointed by court. The 
 greater number of guardians among us, by 
 far, are those appointed by court, in con- 
 formity with statutes which regulate their 
 powers and duties. In the absence of spe- 
 cial provisions, their rights and duties are 
 governed by the general law on the subject 
 of guardian and ward. 
 
 GUARDIAN AD LITEM. A guardian ap- 
 pointed for the purposes of a suit. 
 
 The appointment of such is incident to 
 the power of every court to try a ease (2 
 Cow. [N. Y.] 430), and the power is then 
 confined to the particular case at bar (Co. 
 Litt. 89, note 16). His duty is to manage 
 the interest of the infant when sued, or to 
 bring suit for him. In criminal cases, no 
 guardian is appointed; the court acts as 
 guardian. Reeve, Dom. Rel. 318. 
 
 GUARDIAN OF THE CINQUE PORTS. 
 See "Warden of the Cinque Ports." 
 
 GUARDIAN OF THE PEACE. A warden 
 or conservator of the peace. Rapalje & L. 
 
 GUARDIAN OF THE POOR. In English 
 law. A person acting as overseer of a par- 
 ish in matters relating to the management 
 and relief of the poor. 
 
 GUARDIAN OF THE SPIRITUALITIES. 
 
 In English ecclesiastical law. The person to 
 whom the spiritual jurisdiction of a diocese 
 is committed during the vacancy of the see. 
 Cowell; Blount. 
 
 GUARDIAN OF THE TEMPORALITIES. 
 The person to whose custody a vacant see 
 or abbey was committed by the king, who, 
 as steward of the goods and profits there-, 
 of, was to give an account to the escheator, 
 and he into the exchequer. Tomlins. 
 
 GUARDIANSHIP. The power of protec- 
 tive authority given by law, and imposed on 
 an individual who is free and in the enjoy- 
 ment of his rights, over one whose weak- 
 ness on account of his age or infirmity ren- 
 ders him unable to protect himself. 
 
 GUARDIANUS, or GARDIANUS. A 
 guardian, warden, or keeper. Spelman; 3 
 Salk. 176. 
 
 GUARENTIGIO. In Spanish law. A term 
 applicable to the contract or writing by 
 which courts of justice are empowered to ex- 
 ecute and carry into effect a contract in the 
 same manner as if it were decreed by the 
 court after the usual legal formalities. This 
 clause, though formerly inserted in con- 
 tracts of sale, etc., stipulating the payment 
 of a sum of money, is at present usually 
 omitted, as courts of justice ordinarily com- 
 pel the parties to execute all contracts made 
 by authentic acts, that is, acts passed be- 
 fore a notary, in the presence of two wit- 
 nesses. 
 
 GUARNIMENTUM (Law Lat. from Fr. 
 gamement). In old European law. A pro- 
 vision of necessary things. Spelman. A 
 furnishing or garnishment. 
 
 GUASTALD. One who had the custody 
 of the royal mansions. Rapalje & L. 
 
 GUBERNATOR (Lat.) A pilot of a ship. 
 
 GUERPI, or GUERPY (Law Pr.) Aban- 
 doned; left; deserted. Britt. c 33. 
 
GUERRA 
 
 469 
 
 GWABR MERCHED 
 
 GUERRA, GUARRA, or GUERRE. War, 
 either public or private. Spelman. 
 
 GUERRILLA PARTY (Span, gu&rra, 
 ■war; guerrilla, a little war). In military 
 law. Self-constituted sets of arm^d men, 
 in times of war, who form no integrant part 
 of the organized army, do not stand on the 
 regular payroll of the army, or are not paid 
 at all, take up arms and lay them down at 
 intervals, and carry on petty war, chiefly 
 by raids, extortion, destruction, and massa- 
 cre. Lieber, Guerr. Part. 18. See Halleck, 
 Int. Law, 386; Woolsey, Int. Law, 299. 
 
 Partisan, free-corps, and guerrilla are 
 terms resembling each other considerably in 
 signification; and, indeed, partisan arid 
 guerrilla are frequently used in the same 
 sense. See Halleck, Int. Law, 386. 
 
 GUEST. A traveler who stays at an inn 
 from day to day, for pay, and without a 
 special contract to board for any definite 
 time. 
 
 If he is invited as a friend by the inn 
 keeper, he is not a "guest" in the technical 
 sense (Bac. Abr. "Inns," c. 5), and, if he 
 stays under a contract for a definite time, 
 he is not a guest, but a boarder (6 Barb. 
 [N. Y.] 560; 26 Ala. [N. S.] 377; 26 Vt. 
 332). 
 
 The distinction between a guest and a 
 boarder seems to be this: The guest comes 
 without any bargain for time, remains 
 without one, and may go when he pleases, 
 paying only for the actual entertainment 
 which he receives; and it is not enough 
 to make a boarder, and not a guest, that he 
 has stayed a long time in the inn in this 
 way. 25 la. 555. 
 
 GUEST TAKER, or GEST TAKER. An 
 
 agister. 
 
 GUET. In old French law. Watch. Ord. 
 Mar. liv. 4, tit. 6. 
 
 GUIA. In Spanish law. A right of way 
 for narrow carts. White, New Recop. lib. 
 2, c. 6, § 1. 
 
 GUIDAGE. In old law. That which was 
 given for safe conduct through a strange 
 territory, or another's territory. Cowell. 
 
 The office of guiding of travelers through 
 dangerous and unknown ways. 2 Inst. 526. 
 
 GUIDON DE LA MER. The name of a 
 treatise on maritime law, written in Rouen 
 — ^then Normandy — in 1671, as is supposed. 
 It was received on the continent of Europe 
 almost as equal in authority to one of the 
 ancient codes of maritime law. The author 
 of this work is unknown. This tract or 
 treatise is contained in the "Collection de 
 Lois Maritimes," by J. M. Pardessus, vol. 2, 
 p. 371 et seq. 
 
 GUILD, or GILD. A brotherhood or com- 
 pany governed by certain rules and orders 
 made among themselves by king's license ; a 
 corporation, especially for purposes of com- 
 merce; so called because, on entering the 
 
 guild, the members pay an assessment, or 
 tax (gild) towards defraying its charges, 
 Termes de la Ley; Du Cange. A guild held 
 generally more or less property in common, 
 —often a hall, called a "guild hall," for the 
 purposes of the association. The name of 
 "guild" was not, however, confined to mer- 
 cantile companies, but was applied also to 
 religious, municipal, and other corporations. 
 A friborg, that is, among the Saxons, ten 
 families' mutual pledges for each other to 
 the king. Spelman. 
 
 GUILD HALL. (Law Lat. gildhalla, vari- 
 ously spelled ghildhalla, guihalla, guihaula; 
 from Saxon gild, payment, company, and 
 katta, hall). A place in which are exposed 
 goods for sale. Charter of Count of Flan- 
 ders; Hist. Guinensi, 202, 203; Du Cange. 
 The hall of a guild or corporation; Du 
 Cange; Spelman. The hall of the merchants 
 of the Hanseatic League in London, other- 
 wise called the "Stilyard." Id. 
 
 GUILT. In criminal law. That which 
 renders criminal and liable to punishment. 
 
 That disposition to violate the law which 
 has manifested itself by some act already 
 done. The opposite of innocence. See Ru- 
 therforth, Inst. bk. 1, c. 18, § 10. 
 
 GUILTY. The state or condition of a 
 person who has committed a crime, misde- 
 meanor, or offense. 
 
 This word implies a malicious intent, and 
 must be applied to something universally 
 allowed to be a crime. Cowp. 275. 
 
 In Pleading. A plea by which a de- 
 fendant who is charged with a crime, misde- 
 meanor, or tort admits or confesses it. In 
 criminal proceedings, when the accused is 
 arraigned, the clerk asks him, "How say 
 you, A. B., are you guilty or not guilty?" 
 His answer, which is given ore tenus, is 
 called his "plea"; and when he admits the 
 charge in the indictment, he answers or 
 pleads "guilty." 
 
 GULE OF AUGUST. The first of August, 
 the same as St. Peter's Day ad Vincula. 
 Cowell. 
 
 GURGES. Gurges, a deep pit of water, 
 a gors or gulf, consisteth of water and land; 
 and therefore by the grant thereof by that 
 name the soil doth pass. In Domesday it 
 is called guort, gort, and gors plurally. Co. 
 Litt. 5b. 
 
 GUST, GEST. (Sax.) In old English law. 
 A guest; a person who lodged a second 
 night with another was so called, among 
 the ancient Saxons. 
 
 GUTI. Jutes; one of the three nations 
 who migrated from Germany to Britain at 
 an early period. According to Spelman, 
 they established themselves chiefly in Kent 
 and the Isle of Wight. 
 
 GWABR MERCHED. Maid's fee. A Brit- 
 ish word signifying a customary fine pay- 
 
GWALSTOW 
 
 470 
 
 GYVES 
 
 able to lords of some Inanors on marriage 
 of tenant's daughter, or otherwise on her 
 incontinence. Cowell, "Marchet." 
 
 GWALSTOW (Saxon). A place of execu- 
 tion. Spelman. 
 
 GWAYF. Waif. Par. Ant. p. 196; Cow- 
 
 ell. 
 
 GYLPUT. In old law. The name of a 
 
 local court of the hundred of Pathbew, in 
 Warwickshire. 
 
 GYLTWITE (Saxon). Compensation for 
 fraud or trespass. (Jrant of King Edgar, A. 
 D. 964; Cowell. 
 
 GYNARCHY. A government in which a 
 woman holds, or is capable of holding, the 
 position or chief executive. 
 
 GYVES. Fetters or shackles for the legs. 
 
471 
 
 HABEAS CORPUS 
 
 H 
 
 H is sometimes used in some Law Latin 
 words in which it is more generally and 
 properly omitted; thus, Ostium is sometimes 
 written Hostium; Coercio, Cohertio; Abun- 
 danti, Habundanti; and the like. So, on 
 the other hand, it is sometimes omitted 
 where it should properly be used; thus, 
 Hutesium occurs occasionally in the form 
 Utesium, Hypotheca as Ypotheca, Horreum 
 as Orreum, Hordeum as Ordeum, and the 
 like. 
 
 HABE, or HAVE (Lat.) A form of the 
 salutatory expression Ave (hail) in the ti- 
 tles of the constitutions of the Theodosian 
 and Justinian Codes. Prateus; Calv. Lex.; 
 Spelman. 
 
 HABEAS CORPORA (Lat. that you have 
 the bodies). In English practice. A writ 
 issued out of the common pleas, command- 
 ing the sheriff to compel the appearance 
 of a jury in a cause between the parties. 
 It answered the same purpose as a dis- 
 tringas juratores in the king's bench. It 
 is abolished by the common-law procedure 
 act. 
 
 HABEAS CORPUS (Lat. that you have 
 the body). A writ directed to the person 
 detaining another, and commanding him to 
 produce the body of the prisoner at a cer- 
 tain time and place, with the day and cause 
 of his caption and detention, to do, submit 
 to, and receive whatsoever the court or 
 judge awarding the writ shall consider in 
 that behalf. 
 
 This is the most famous writ in the law; 
 and, having for many centuries been em^ 
 ployed to remove illegal restraint upon per- 
 sonal liberty, no matter by what power im- 
 posed, it is often called the great "writ of 
 liberty." It takes its name from the char- 
 acteristic words it contained when the pro- 
 cess and records of the English courts were 
 written in Latin: 
 
 Praedpimus tibi quod corpus A B in cus- 
 todia vestra detentum, ut dicitur, una cum 
 causa captionis et detentionis suae, quocun- 
 que nomine idem A B censeatur in eadem 
 habeas coram nobis apud Westm. etc., ad 
 subjiciendum et recipiendum, ea, quae curia 
 nostra de eo ad tunc et ibidem ordinari con- 
 Ugerit in hac parte, etc. 
 
 There were several other writs which con- 
 tained the words habeas corpus; but they 
 were distinguished from this and from one 
 another by the specific terms declaring the 
 object of the writ, which terms are still re- 
 tained in the nomenclature of writs, as, ha- 
 beas corpus ad respondendum, ad testifican- 
 dum, ad satisfaciendum, ad prosequendum, 
 and ad faciendum et recipiendum, ad delib- 
 erandum et recipiendum. 
 
 This writ was in like manner designated 
 as habeas corpus ad subjiciendum et recipi- 
 
 endum; but, having acquired in public es- 
 teem a marked importance by reason of the 
 nobler uses to which it has been devoted, it 
 has so far appropriated the generic term to 
 itself that it is now, by way of eminence, 
 commonly called the "Writ of Habeas Cor- 
 pus." 
 
 The date of its origin cannot now be as- 
 certained. Traces of its existence are found 
 in Y. B. 48 Edw. III. 22; and it appears to 
 have been familiar to, and well understood 
 by, the judges in the reign of Henry VI. In 
 its early history it appears to have been 
 used as a means of relief from private re- 
 straint. The earliest precedents where it 
 was used against the crowr, are in the reign 
 of Henry VII. Afterwards the use of it be- 
 came more frequent, and in the time of 
 Charles I. it was held an admitted constitu- 
 tional remedy. Hurd, Habeas Corpus, 145. 
 
 In process of time, abuses crept into the 
 practice, which in some measure impaired 
 the usefulness of the writ. The party im- 
 prisoning was at liberty to delay his obedi- 
 ence to the first writ, and might wait till a 
 second and third were issued before he pro- 
 duced the party; and many other vexatious 
 shifts were practised to detain state prison- 
 ers in custody. 3 Bl. Comm. 135. 
 
 Greater promptitude in its execution was 
 required to render the writ efficacious. The 
 subject was accordingly brought forward in 
 parliament in 1668, and renewed from time 
 to time until 1679, when the celebrated habe- 
 as corpus act of 31 Car. II. was passed. The 
 passage of this act has been made the theme 
 of the highest praise and congratulation by 
 British authors, and is even said to have 
 "extinguished all the resources of oppres- 
 sion." Hurd, Habeas Corpus, 93. 
 
 This act being-limited to. cases of commit- 
 ments for "criminal or supposed criminal 
 matters," every other species of restraint of 
 personal liberty was left to the ordinary 
 remedy at common law; but, doubts being 
 entertained as to the extent of the jurisdic- 
 tion of the judge to inquire into the truth 
 of the return to the vsrrit in such cases, an 
 attempt was made, in 1757, in the house of 
 lords, to render the jurisdiction more reme- 
 dial. It was opposed by Lord Mansfield as 
 unnecessary, and failed, for the time, of 
 success. It was subsequently renewed, how- 
 ever; and the act of 56 Geo. III. c. 100, sup- 
 plies, in England, all the needed legislation 
 in cases not embraced by the act of 31 Car. 
 II. Hurd, Habeas Corpus. 
 
 The English colonists in America regard- 
 ed the privilege of the writ as one of the 
 "dearest birthrights of Britons," and suffi- 
 cient indications exist that it was frequently 
 resorted to. The denial of it in Massachu- 
 setts by Judge Dudley in 1689 to Rev. John 
 Wise, imprisoned for resisting the collection 
 of an oppressive and illegal tax, was made 
 the subject of a civil action against the 
 
HABEAS CORPUS ACT 
 
 472 
 
 HABEAS CORPUS AD 
 
 judge, and was, moreover, denounced, as one 
 of the grievances of the people, in a pam- 
 phlet published in 1689 on the authority of 
 "the gentlemen, merchants, and inhabitants 
 of Boston and the country adjacent." In 
 New York, in 1707, it served to effect the 
 release of the Presbyterian ministers Make- 
 mie and Hampton from an illegal warrant 
 of arrest issued by the governor, Cornbury, 
 for preaching the gospel without license. In 
 New Jersey, in 1710, the assembly denounced 
 one of the judges for refusing the writ" to 
 Thomas Gordon, which, they said, was the 
 "undoubted right and great privilege of the 
 subject." In South Carolina, in 1692, the as- 
 sembly adopted the act of 31 Car. II. This 
 act was extended to Virginia by Queen 
 Anne early in her reign, while in the as- 
 sembly of Maryland in 1725 the benefit of 
 its provisions was claimed, independent of 
 royal favor, as the "birthright of the in- 
 habitants." The refusal of parliament in 
 1774 to extend the law of habeas corpus to 
 Canada was denounced by the continental 
 congress in September of that year as op- 
 pressive, and was subsequently recounted 
 in the Declaration of Independence as one 
 of the manifestations on the part of the 
 British government of tyranny over the 
 colonies. Hurd, Habeas Corpus, 109-120. 
 
 It is provided in article 1, § 9, subd. 2, of 
 the constitution of the United States that 
 "the privilege of the writ of habeas corpus 
 shall not be suspended, unless when, in 
 cases of rebellion or invasion, the public 
 safety may require it." 
 
 Similar provisions are found in the consti- 
 tutions of most of the states. In Virginia 
 and Vermont, however, it is forbidden to 
 suspend the privilege of the writ in any 
 case; but in the constitutions of Maryland, 
 North Carolina, and South Carolina the writ 
 is not mentioned. 
 
 . Congress, by act of March 3, 1863, author- 
 ized the president to suspend the privilege 
 of the writ throughout the whole or any part 
 of the United States, whenever in his judg- 
 ment the public safety might require it, 
 during the Rebellion. A partial suspension 
 took place. 
 
 Nor has the power of suspension ever 
 been exercised by the legislature of any of 
 the states, except that of Massachusetts, 
 which, on the occasion of "Shay's Rebel- 
 lion," suspended the privilege of the writ 
 from November, 1786, to July, 1787. 
 
 HABEAS CORPUS ACT. The statute of 
 31 Chas. II. c. 2. 3 Bl. Comm. 135; 3 Steph. 
 Comm. 699. This statute has been adopted 
 in substance in the United States. 2 Kent, 
 Comm. 27. 
 
 HABEAS CORPUS AD DELIBERAN- 
 
 dum et recipiendum (Lat.) A writ which Is 
 issued to remove, for trial, a person confined 
 in one county to the county or place where 
 the offense of which he is accused was 
 committed. Brae. Abr. "Habeas Corpus" 
 (A): 1 Chit. Crim. Law, 132; Grady & S. 
 Cr. Prac. 201. Thus, it has been granted 
 
 to remove a person in custody for contempt 
 to take his trial for perjury in another 
 county. 1 Tymh. 185. 
 
 HABEAS CORPUS AD FACIENDUM ET 
 recipiendum (Lat.) A writ usually issued 
 in civil cases to remove an action from an 
 inferior court, where the defendant is sued 
 and imprisoned, to some superior court 
 which has jurisdiction over the matter, in 
 order that the cause may be determined 
 there. This writ is commonly called ha- 
 beas corpus cum causa, because it commands 
 the judges of the inferior court to return 
 the day and cause of the caption and de- 
 tainer of the prisoner. Bac. Abr. "Habeas 
 Corpus" (A) ; Bagl. Cham. Prac. 297; 3 Bl. 
 Comm. 130; Tidd, Prac. 296, 
 
 This writ may also be issued at the in- 
 stance of the bail of the defendant, to bring 
 him up to be surrendered in their discharge, 
 whether he is in custody in a civil suit or 
 on a criminal accusation. Tidd, Prac. 298; 
 
 1 Chit. Crim. Law, 132. 
 
 HABEAS CORPUS AD PROSEQUEN- 
 dum (Lat.) A writ which Issues when It Is 
 necessary to remove a prisoner in order to 
 prosecute in the proper jurisdiction wherein 
 the fact was committed. 3 Bl. Comm. 130. 
 
 HABEAS CORPUS AD RESPONDEN- 
 dum (Lat.) A writ which is usually em' 
 ployed in civil cases to remove a person out 
 of the custody of one court into that of 
 another, in order that he may be sued and 
 answer the action in the latter. 2 Sellon, 
 Prac. 259; 2 Mod. 198; 3 Bl. Comm. 129; 
 Tidd, Prac. 300. 
 
 This writ lies also to bring up a person 
 in confinement to answer a criminal charga 
 Thus, the court issued it to the warden of 
 the fleet, to take the body of the prisoner 
 confined there before a magistrate, to be ex- 
 amined respecting a charge of felony or mis- 
 demeanor. 5 Barn. & Aid. 730. But it was 
 refused to bring up the body of a prisoner 
 under sentence for a felony, for the purpose 
 of having him tried for a previous felony. 
 
 HABEAS CORPUS AD SATISFACIEN- 
 
 dum (Lat.) A writ which is Issued to bring 
 a prisoner from the prison of one court into 
 that of another, in order to charge him in 
 execution upon a judgment of the last court 
 
 2 Sellon, Prac. 261; 3 Bl. Comm. 130; Tidd, 
 Prac. 301. 
 
 HABEAS CORPUS AD SUBJICIENDUIVI. 
 See "Habeas Corpus." 
 
 HABEAS CORPUS AD TESTIFICAN- 
 dum (Lat.) A writ which lies to bring up 
 a prisoner detained in any jail or prison, to 
 give evidence before any court of compe- 
 tent jurisdiction. Tidd, Prac. 739; 3 Bl. 
 Comm. 130; 2 Sellon, Prac. 261. 
 
 The allowance of this writ resting in the 
 discretion of the court, it will be refused if 
 the application appear to be in bad faith, or 
 a mere contrivance. 3 Burrows, 1440. 
 
HABEAS CORPUS CUM 
 
 473 
 
 HABIT AND REPUTE 
 
 It was refused to bring up a prisoner of 
 war (2 Doug. 419) , or a prisoner in custody 
 for high treason (Peake, Add. Cas. 21). 
 
 It would of course be refused where it ap- 
 peared from the application that the prison- 
 er was under sentence for crime which ren- 
 dered him incompetent as a witness. 
 
 The application for the writ is made upon 
 affidavit, stating the nature of the suit and 
 the materiality of the testimony, together 
 with the general circumstances of restraint 
 which render the writ necessary. Cowp. 672 ; 
 Fost. Crim. Law, 396; 2 Cow. & H. notes 
 to Phil. Ev. 668. 
 
 HABEAS CORPUS CUM CAUSA. See 
 "H'abeas Corpus ad Faciendum et Recipien- 
 dum." 
 
 HABEMUS OPTIMUM TESTEM, CONFI- 
 tentem reum. We have the best witness, a 
 confessing defendant. Fost. Crim. Law, 243. 
 See 2 Hagg. 315; 1 Phil. Ev. 397. 
 
 HABENDUM (Lat. for having). In con- 
 veyancing. The clause usually following the 
 granting part of the premises of a deed, 
 which defines the extent of the ownership 
 in the thing granted to be held and enjoyed 
 by the grantee. 2 Washb. Real Prop. 642. 
 
 It commences with the words "to have 
 and to hold." In Law French, these words 
 are rendered "aver et tener," or "a aver et 
 tener," and in Latin, "habendum et tenen- 
 dum." 
 
 HABENDUM ET TENENDUM. In old 
 conveyancing. To have and to hold. For- 
 mal words in deeds of land from a very 
 early period. Bracton, fol. 17b. 
 
 HABENTES HOMINES (Lat.) Rich men. 
 Du Cange. 
 
 HABERE (Lat.) In the civil law. To 
 have. Sometimes distinguished from tenere 
 (to hold), and possidere (to possess); ha- 
 bere referring to the right, tenere to the 
 fact, and possidere to both. 
 
 Habere was likewise distinguished as re- 
 ferring to incorporeal things, tenere to cor- 
 poreal, and possidere to both. Calv. Lex, 
 
 HABERE FACIAS POSSESSIONEM 
 (Lat.) In practice. A writ of execution 
 in the action of ejectment. 
 
 The sheriff is commanded by this writ 
 that, without delay, he cause the plaintiff to 
 have possession of the land in dispute which 
 is therein described. A fi. fa. or ca. sa. for 
 costs may be included in the writ. The 
 duty of the sheriff in the execution and re- 
 turn of that part of the writ is the same a6 
 on a common fi. fa. or ca. sa. The sheriff 
 is to execute this writ by delivering a full 
 and actual possession of the premises to the 
 plaintiff. For this purpose, he may break 
 an outer or inner door of the house, and, 
 should he be violently opposed, he may raise 
 the posse comitatus. Watson, Sheriffs, 60, 
 215; 5 Coke, 91b; 1 Leon. 145; 3 Bouv. Inst, 
 note 3375. 
 
 The name of this writ is abbreviated hab, 
 fa. poss. See 10 Viner, Abr. 14; Tidd, Prac. 
 (8th Eng. Ed.) 1081; 2 Archb. Prac. 58; 3 
 Bl. Comm. 412; Bing. Ex'ns, 115, 252; Bac. 
 Abr. 
 
 HABERE FACIAS VISUM (Lat.) In 
 practice. The name of a writ of execution, 
 used in most real actions, by which the sher- 
 iff is directed that he cause the demandant 
 to have seisin of the lands which he has re- 
 covered. 3 Bouv. Inst, note 3374. 
 
 This writ may be taken out at any time 
 within a year and a day after judgment. It 
 is to be executed nearly in the same manner 
 as the writ of habere facias possessionem, 
 and for this purpose the officer may break 
 open the outer door of a house to deliver 
 seisin to the demandant. 5 Coke, 91b; Co- 
 myn. Dig. "Execution" (E) ; Watson, Sher- 
 iffs, 238. The name of this writ is abbre- 
 viated hab. fae. seis. See Bing. Ex'ns, 115, 
 252; Bac. Abr. 
 
 HABERE FACIAS VISUM (Lat.) In 
 practice. The name of a writ which lies 
 when a view is to be taken of lands and 
 tenements. Fitzh. Nat, Brev. Index, 
 "View." 
 
 HABERE LICERE (Lat. to allow to 
 have). In Roman law. A phrase denoting 
 the duty of a seller to give possession. 
 
 HABERJECTS. A cloth of a mixed color, 
 mentioned in Magna Charta, c. 26. 
 
 HABETO TIBI RES TUAS. Have or take 
 your effects to yourself. One of the old 
 Roman forms of divorcing a wife. Calv. 
 Lex. 
 
 HABILIS (Lat.) Pit; suitable. 1 Shars- 
 wood, Bl. Comm. 436. Active; useful (of a 
 servant). Du Cange. Proved; authentic (of 
 Book of Saints). Du Cange. Fixed; stable 
 (of authority of the king.) Du Cange. 
 
 HABIT. A disposition or condition ot 
 the body or mind acquired by custom or a 
 frequent repetition of the same act. See 2 
 Mart. (La.; N. S.) 622; 18 Pa. St. 172; 5 
 Gray (Mass.) 851, 
 
 The habit of dealing has always an im- 
 portant bearing upon the construction of 
 commercial contracts, A ratification will be 
 inferred from the mere habit of dealing be- 
 tween the parties; as, if a broker has been 
 accustomed to settle losses on policies in a 
 particular manner, without any objection be- 
 ing made, or vidth the silent approbation of 
 his principal, and he should afterwards set- 
 tle other policies in the same manner, to 
 which no objection should be made within 
 a reasonable time, a just presumption would 
 arise of an implied ratification; for, if the 
 principal did not agree to such settlement, 
 he should have declared his dissent. 2 Bouv. 
 Inst. 1313, 1314. 
 
 HABIT AND REPUTE. Applied in Scotch 
 law to a general understanding and belief 
 
HABITATIO 
 
 474 
 
 HAEREDES REMOTIORES 
 
 of a certain thing having happened; e, g., 
 marriage may be constituted by habit and 
 repute. Bell, Diet. 
 
 HABITATIO. A habitation or dwelling. 
 Towns. PI. 116. 
 
 In Civil Law. The right of dwelling; 
 
 the right of free residence in another's 
 house. Inst. 2. 5; Dig. 7. 8, 
 
 HABITATION. 
 
 In Civil Law. The right of a person 
 
 to live in the house of another without 
 prejudice to the property. 
 
 It diflfered from a usufruct In this, that 
 the usufructuary might apply the house to 
 any purpose, — as of a store or manufactory; 
 whereas the party having the right of habi- 
 tation could only use it for the residence of 
 himself and family. 1 Brown, Civ. Law, 
 184; Domat. Civ. Law, lib. 1, tit. 11, § 2, 
 note 7. 
 
 In Estates. A dwelling house; a home 
 
 stall. 2 Bl. Comm. 4; 4 Bl. Comm. 220. See 
 10 Grat. (Va.) 64. 
 
 HABITUAL CRIIVIINALS ACT. A name 
 given to various statutes for the more se- 
 vere punishment of repeated offenses. In 
 England it was applied to St. 32 & 33 
 Vict. c. 99, giving power to apprehend, on 
 suspicion, convicted persons holding a li- 
 cense under the penal servitude act. Tl;iis 
 statute is now repealed. 34 & 35 Vict. c. 
 112. 
 
 Also applied to statutes declaring profes- 
 sional criminals to be disorderly persons> 
 and punishing them as such. Code Crim. 
 Prac. N. Y. §§ 510-514, 899, subd. 9; Pen. 
 Code N. Y. §§ 690-692. 
 
 HABITUAL DRUNKARD. A person giv- 
 en to ebriety or the excessive use of intoxi- 
 cating drink, who has lost the power or the 
 will, by frequent indulgence, to control his 
 appetite for it. 5 Gray (Mass.) 85. 
 
 Occasional drunkenness is not enough (18 
 Pa. St. 172), yet daily intoxication is not 
 required (112 Mass. 285). 
 
 HABLE. (Law Fr.) Able; .competent. 
 Dyer, 70b (Pr. ed.). In old English law. 
 A port or harbor ; a station for ships. Stat. 
 27 Hen. VI. c. 3. 
 
 HABUNDA. (Law Lat.) In old records. 
 Abundance; plenty. Paroch. Ant. 548. Cow- 
 ell. 
 
 HACCH E. (Sax. hseca, a hatch, or bolt) . 
 A hatch; a gate or door. Cowell. ■ 
 
 HACHIA. (Law Lat.) li old records. A 
 hack; a pick, or instrument for digging. 
 Placita, 2 Edw. III. MS. Cowell. 
 
 HACIENDA. In Spanish law. A generic 
 term, applicable to the mass of the property 
 belonging to a state, and the administration 
 of the same. 
 
 As a science, it is defined by Dr. Jose Can- 
 ga Arguells, in his "Diccionario de Hacien- 
 
 da," to be that part of civil economy which 
 teaches how to aggrandize a nation by the 
 useful employment of its wealth. 
 A royal estate. Newman & B. 
 
 HADBOTE. In French law. A recom- 
 pense or amends made for violence offered 
 to a person in holy orders. 
 
 HADE. (Law Lat. hada.) In old records. 
 A piece of land; a head of land, or head- 
 land, dowell. See Butts, Caput terras, 
 Caputia, Headlands ; Fitzherb, Husb. § 6. 
 
 HADERUNGA. Hatred; ill will; preju- 
 dice or partiality. Spelman; Cowell. 
 
 HADGONEL. A tax or mulct. Jacob. 
 
 HAEC EST CONVENTIO (Law Lat. this 
 is an agreement). Words with which agree- 
 ments anciently commenced. Y. B. H, 6 
 Edw. II. 191. 
 
 HAEC EST FINALIS CONCORDIA (Law 
 
 Lat. this is the final agreement) . The words 
 with which the foot of a fine commenced. 2 
 Bl. Comm. 351. 
 
 HAEREDA. In Gothic law. A tribunal 
 answering to the English court leet. 4 Bl, 
 Comm. 274. 
 
 HAEREDE ABDUCTO. An ancient writ 
 that lay for the lord, who, having by right 
 the wardship of his tenant under age, could 
 not obtain his person, the same being car- 
 ried away by another person. Old Nat. 
 Brev. 93. 
 
 HAEREDEM DEUS FACIT, NON HOIVIO. 
 God, and not man, makes the heir. Bracton, 
 62b. 
 
 HAEREDEM EST NOMEN COLLECTI- 
 vum. Heir is a collective name. 
 
 HAEREDES (Lat. plural of haerea). lu 
 civil law. Heirs. 
 
 HAEREDES EXTRANEI (Lat.) In civil 
 law. Extraneous or foreign heirs; that is, 
 those who were not children or slaves of 
 the testator. Those only could be extrane- 
 ous heirs who had a capacity of accepting 
 the inheritance both at the time of making 
 the will and at the death of the testator. 
 Halifax, Anal. bk. 11, c. 6, § 38 et seq. 
 
 HAEREDES NECESSARII (Lat.) In civil 
 law. Necessary heirs. If slaves were made 
 heirs, they had no choice, but on the death 
 of the testator were necessarily free and 
 his heirs. Calv. Lex. ; Halifax, Anal. bk. 11, 
 c. 6, § 38 et seq.; Heinec. Elem., Jur. Civ. 
 § 587. 
 
 HAEREDES PROXIMl (Lat.) The chil- 
 dren or descendants of the deceased. Dalr. 
 Feud. Prop. 110. 
 
 HAEREDES REMOTIORES (Lat.) The 
 kinsmen other than children or descendants. 
 Dalr. Feud. Prop. 110. 
 
HAEREDES SUI ET NECESSARII 
 
 475 
 
 HAERES EST NOMEN 
 
 HAEREDES SUI ET NECESSARII (Lat.) 
 In civil law. Proper and necessary heirs; 
 heirs by relationship and necessity. The de- 
 scendants of an ancestor in direct line were 
 so called,_ sui denoting the relationship, and 
 neeessarii the necessity of law which made 
 them heirs without their election, and 
 whether the ancestor died testate or intes- 
 tate. Halifax, Anal. bk. 11, c. 6, § 38 et 
 seq.; Mackeld, Civ. Law, §§ 681, 682; Hei- 
 nec. Elem. Jur. Civ. § 688. 
 
 HAEREDIPETA (Law Lat.) In old Eng. 
 lish law. Next heir. Laws Hen. I.; Du 
 Cange. One who seeks to be made heir (qui 
 cupit haereditatem) , 
 
 HAEREDIPETAE SUO PROPINQUO 
 vel extraneo perlculoso sane custodi nul- 
 lus com,mittatur. To the next heir, whether 
 a relation or_ a stranger, certainly a dan- 
 gerous guardian, let no one be committed. 
 Co. Litt. 88b. 
 
 HAEREDITAS (Lat. from haeres). 
 
 In Civil Law. "Nihil aliud est haere- 
 
 ditas, quam successio in universum jus, 
 quod defunctus habuit." Inheritance is noth- 
 ing else than succession to every right 
 which the deceased possessed. Dig. 50. 17; 
 Id. 50. 16; Id. 5. 2; Mackeld. Civ. Law, 
 § 605; Bracton, 62b. 
 
 In Old English Law. An estate trans- 
 missible by descent; an inheritance. Mart. 
 Anec. Collect, tit. 3, p. 269; Co. Litt. 9; 
 Glanv. lib. 7, c. 1. 
 
 HAEREDITAS, ALIA CORPORALIS, 
 alia incorporalis; corporalis est, quae tangi 
 potest et videri; incorporalis quae tangi non 
 potest nee videri. An inheritance is tlther 
 corporeal or incorporeal. Corporeal is that 
 which can be touched and seen ; incorporeal, 
 that which can neither be touched nor seen. 
 Co. Litt. 9. 
 
 HAEREDITAS DAMNOSA. 
 
 nosa Haereditas." 
 
 See "Dam- 
 
 HAEREDITAS EST SUCCESSIO IN UNI- 
 versum jus quod defunctus liabuerat. Inher- 
 itance is the succession to every right which 
 was possessed by the late possessor. Co. 
 Litt. 237. 
 
 HAEREDITAS JACENS (Lat.) 
 In Civil Law. A prostrate inherit- 
 ance. The inheritance left to a voluntary 
 heir was so called as long as he had not 
 manifested, either expressly or by silence, 
 his acceptance or refusal of the inherit- 
 ance, which, by a fiction of law, was said 
 to sustain the person (sustinere personam) 
 of the deceased, and not of the heir. Mack- 
 eld. Civ. Law, § 685a. An estate with no 
 heir or legatee to take. Code, 10. 10. 1; 
 Bell, Diet. 
 
 In English Law. An estate in abey- 
 ance; that is, after the ancestor's death, 
 and before assumption of heir. Co. Litt. 
 342b. An inheritance without legal owner. 
 
 and therefore open- to the first occupant. 2 
 Sharswood, Bl. Comm. 259. 
 
 HAEREDITAS LUCTUOSA. In the civil 
 law. A sad or mournful inheritance or suc- 
 cession; as that of a parent to the estate 
 of a child, which was regarded as disturb- 
 ing the natural order of mortality (turbato 
 ordine mortalitatis) . Code, 6. 25. 9; 4 Kent, 
 Comm. 397. 
 
 HAEREDITAS NIHIL ALIUD EST, 
 quam successio In universum jus, quod de- 
 functus habuerit. The right of inheritance 
 is nothing else than the faculty of succeed- 
 ing to all the rights of the deceased. Dig. 
 50. 17. 62, 
 
 HAEREDITAS NUNQUAIVl ASCENDIT. 
 The inheritance never ascends. Glanv. lib. 
 7, c. 1; Broom, Leg. Max. (2d London Ed.) 
 469; 2 Sharswood, Bl. Comm. 212, note; 3 
 Greenl. Cruise, Dig. 331; 1 Steph. Comm. 
 378. Abrogated by St. 3 & 4 Wm. IV. c. 
 106, § 6. 
 
 HAEREDUM APPELLATIONE VENI- 
 unt haeredes haeredum in infinitum. By the 
 title of heirs, come the heirs of heirs to 
 infinity. Co. Litt. 9. 
 
 HAERES. In Roman law. One, who suc- 
 ceeds to the rights and occupies the place 
 of a deceased person, being appointed by 
 the will of the decedent. It is to b^ ob- 
 served that the Roman haeres had not the 
 slightest resemblance to the English "heir." 
 He corresponded in character and duties 
 almost exactly with the "executor" under 
 the English law. The institution of the 
 haeres was the essential characteristic of 
 a testament. If this was not done, the in- 
 strument was called a codicillus. Mackeld. 
 Civ. Law, §§ 632, 650. 
 
 HAERES ASTRARIUS (Law Lat.) In old 
 English law. An heir in actual possession. 
 
 HAERES DE FACTO (Law Lat.) In old 
 English law. Heir from fact; that is, from 
 the deed or act of his ancestor, without or 
 against right. Applied to an heir whose 
 title originated in the wrongful act of his 
 ancestor. An heir in fact, as distinguished 
 from an heir de jure, or by law. Bracton, 
 fol. 172. 
 
 HAERES EST ALTER IPSE, ET FILIUS 
 est pars patris. An heir is another self, and 
 a son is a part of the father. 
 
 HAERES EST AUT JURE PROPRIETA- 
 tis aut jure representationis. An heir is 
 either by right of property or right of rep- 
 resentation. 3 Coke, 40. 
 
 HAERES EST EADEM PERSONA CUM 
 
 antecessore. The heir Is the same person 
 with the ancestor. Co. Litt. 22. 
 
 HAERES EST NOMEN COLLECTIVUIVI. 
 "Heir" is a collective name or noun. 1 Vent. 
 215. 
 
HAERES EST NOMEN JURIS 
 
 476 
 
 HALF-BLOOD 
 
 HAEFtES EST NOMEN JURIS; FILIUS 
 est nomen naturae. "Heir" Is a term of 
 . law; "son," one of nature. 
 
 HAERES EST PARS ANTECESSORIS. 
 
 The heir is a part of the ancestor. Co. Litt. 
 22b; 3 Hill (N. Y.) 165, 167. 
 
 HAERES EX ASSE (Lat.) In civil law. 
 An heir to the whole estate; a sole heir. 
 Inst. 2. 23. 9. 
 
 HAERES EXTRANEUS (Lat.) In civil 
 law. A strange or foreign heir; one who 
 was not subject to the power of the testa- 
 tor, or person who made him heir. Qui 
 testatoris juri subjecti non sunt, extranet 
 haeredes appellantur. Inst. 2. 19. 3. 
 
 HAERES FACTUS (Lat.) In civil law. 
 An heir made by will; a testamentary heir; 
 the person created universal successor by 
 will. Story, Confl. Laws, § 507; 3 Bl. Comm. 
 224. Otherwise called "haeres ex testa/men- 
 to," and "haeres institutus." Inst. 2. 9. 7; 
 Id. 2. 14. 
 
 HAERES FIDE1C0MMISSARIUS (Lat.) 
 In the civil law. The person for whose ben- 
 efit an estate was given to another, termed 
 "haeres fiduciarius" (q. v.) by will. Inst. 2. 
 23. 6. 7. 9. Answering nearly to the cestui 
 que trust of the English law. 
 
 HAERES FIDUCIARIUS. A fiduciary heir 
 or heir in trust; a person constituted heir 
 by will, in trust for the benefit of another, 
 called the "fideicommissa/rius." Inst. 2. 23. 
 1. 2. Corresponding nearly to the "trus- 
 tee" of the English law. Crabb, Hist. Eng. 
 Law, 397. 
 
 HAERES HAEREDIS MEI EST MEUS 
 haeres. The heir of my heir is my heir. 
 Wharton. 
 
 HAERES LEGITIMUS (Lat.) A lawful 
 heir. Code, 6. 58. 
 
 HAERES LEGITIMUS EST QUEM NUP- 
 tiae demonstrant. He is the lawful heir 
 whom the marriage demonstrates. Mirr. 
 Just. 7; Fleta, lib. 6, c. 1; Dig. 2. 4. 5; Co. 
 Litt. 7b; Broom, Leg. Max. (3d London Ed.) 
 457. As to the application of the principle 
 when the marriage is subsequent to the 
 birth of the child, see 2 Clark & P. 571; 6 
 Bing. (N. C.) 385; 5 Wheat. (U. S.) 226, 
 262, note. 
 
 HAERES MINOR UNO ET VIGINTI AN- 
 nis non respondebit, nisi In casu dotis. An 
 heir minor, under twenty-one years of age, 
 is not answerable, except in the matter of 
 dower. F. Moore, 348. 
 
 HAERES NATUS (Lat.) In civil law. An 
 heir born; one born heir, as distinguished 
 from one made heir {haeres factus, q. v.) ; 
 an heir at law, or by intestacy (ab inteita- 
 to) ; the next of kin by blood, in cases of in- 
 testacy. Story, Confl. Laws, § 507; 3 Bl. 
 Comm. 224. 
 
 HAERES NECESSARIUS (Lat.) In civil 
 law. A necessary or compulsory heir. This 
 name was given to the heir when, being a 
 slave, he was named "heir" in the testa- 
 ment, because on the death of the testator, 
 whether he would or not, he at once be- 
 came free, and was compelled to assume the 
 heirship. Inst. 2. ;L9. 1. 
 
 HAERES NON TENETUR IN ANGLIA 
 ad deblta antecessoris reddenda, nisi per 
 antecessorem ad hoc fuerit obligatus, prae- 
 terquam debita regis tantum. In England, 
 the heir is not bound to pay his ancestor's 
 debts, unless he be bound to it by the an- 
 cestor, except debts due to the king. But 
 now, by 3 & 4 Wm. IV. c. 104, he is liable. 
 Co. Litt. 386. 
 
 HAERES RECTUS (Lat.) In old English 
 law. A right heir, Fleta, lib. 6, c. 1, § 11. 
 
 HAERES SUUS (Lat.) In civU law. A 
 man's own heir; a decedent's proper or 
 natural heir. This name was given to the 
 lineal descendants of the deceased. Inst. 
 3. 1. 4-5. 
 
 HAERETARE (Law Lat.) In old English 
 law. To give a right of inheritance, or 
 make the donation hereditary to the gran- 
 tee and his heirs. Cowell. 
 
 HAERETICO COMBURENDO. See "De 
 Haeretico Comburendo." ^ 
 
 HAFNE COURTS {hafne, Danish, a ha- 
 ven, or port). Haven courts; courts an- 
 ciently held in certain ports in England. 
 Spelman. 
 
 HAGA. A house. Blount. 
 
 A military inclosure. Spelman. 
 
 HAGIA, or HAIA. A hedge or inclosure. 
 Mon. Angl. tom. 2, p. 273. 
 
 HAIEBOTE. In old English law. A per- 
 mission or liberty to take thorns, etc., to 
 make or repair hedges. Blount. 
 
 HAILL. In Scotch law. Whole; the 
 whole. "All and haill" are common words 
 in conveyances. 1 Bell, App. Cas. 499. 
 
 HAILWORKFOLK. Holywork. Those who 
 formerly held lands by the service of de- 
 fending or repairing a church or monument. 
 Rapalje & L. See "Halywercfolk." 
 
 HAIMHALDARE. In old Scotch law. To 
 seek restitution of one's own goods and 
 gear, and bring the same home again. Skene 
 de Verb. Sign. 
 
 HAIMSUCKEN. In Scotch law. The 
 crime of beating or assaulting a person in 
 his own house. Bell, Diet. 
 
 HALF-BLOOD. A term denoting the de- 
 gree of relationship which exists between 
 those who have one parent only in common. 
 
 By the English common law, one related 
 to an intestate of the half-blood only could 
 
HALF-BROTHER 
 
 477 
 
 HALYWERCFOLK 
 
 never inherit, upon the presumption that 
 he is not of the blood of the original pur- 
 chaser; but this rule has been greatly modi- 
 fied by 3 & 4 Wm. IV. c. 106. 
 
 In this country, the common-law prin- 
 ciple on this subject may be considered as 
 not in force, though in many states some 
 distinction is still preserved between the 
 whole and the half-blood. 4 Kent, Comm. 
 403, note; 2 Yerg. (Tenn.) 115; 1 McCord 
 (S. C.) 456; 31 Pa. St. 289; Dane, Abr. 
 Index; 2 Washb. Real Prop. 411. See "De- 
 scent." 
 
 HALF-BROTHER, or HALF-SISTER. 
 Persons who have the same father, but 
 diiferent mothers; or the same mother, but 
 different fathers. 
 
 HALF-DEFENSE. In common-law plead- 
 ing. A name applied to the abbreviated 
 form of words with which a plea is intro- 
 duced. 
 
 HALF-ENDEAL. A moiety, or half of a 
 thing. Rapalje & L. 
 
 HALF-KINEG. In Saxon law. Half -king 
 (semi-rex). A title given to the aldermen 
 of all England. Crabb, Hist. Eng. Law, 
 28; Spelman. 
 
 HALF-PROOF. In civil law. That which 
 is insufficient as the foundation of a sen- 
 tence or decree, although in itself entitled 
 to some credit. Vicat, "Probatio." 
 
 HALF-SEAL. A seal used in the English 
 chancery for the sealing of commissions to 
 delegates appointed upon any appeal, eith- 
 er in ecclesiastical or marine causes. 
 
 HALF-TIMER. A child who, by the op- 
 eration of the English factory and educa- 
 tion acts, is employed for less than the full 
 time in a factory or workshop, in order that 
 he may attend some "recognized efficient 
 school." See Factory and Workshop Act 
 1878, i 23; Elementary Education Act 1876, 
 § 11. Wharton. 
 
 HALF-TONGUE. A jury, half of one 
 tongue or nationality, and half of another. 
 Vide "De Medietate Linguae," Jacob. 
 
 HALF-YEAR. In the computation of time, 
 a half-year is not the same as six months, 
 but " 'Half a year' containeth one hundred 
 and eighty-two dayes; for the oddie houres, 
 in legall computation are rejected." Co. 
 Litt. 135b; Rev. St. N. Y. pt. 1, c. 19, tit. 
 1, § 3. But in Woodf. (348), a half-year is 
 stated to be 183 days. 
 
 "It is clear from a series of cases run- 
 ning back as far as the time of Henry VIII., 
 that 'half a year's notice' means notice 
 for hailf a year, and not for six months." 
 15 Q. B. D. 405. 
 
 HALI GEMOTE. Halle gemote. 
 
 HALIMASS. In English law. The feast 
 of All Saints, on the 1st of November; one 
 
 of the cross-quarters of the year was com- 
 puted from Halimass to Candlemass. Whar- 
 ton. 
 
 HALL. A public building used either for 
 the meetings of corporations, courts, or em- 
 ployed to some public uses ; as, the city hall, 
 the town hall. Formerly this word denoted 
 the chief mansion or habitation. 
 
 HALLAGE. In old English law. A fee or 
 toll due for goods or merchandise vended in 
 a hall. Jacob. 
 
 A toll due to the lord of a fair or market, 
 for such commodities as were vended in the 
 common hall of the place. Cowell; Blount. 
 
 HALLAZCO. In Spanish law. The finding 
 and taking possession of something which 
 previously had no owner, and which thus 
 becomes the property of the first occupant. 
 Las Partidas, 3. 5. 28; Id. 5. 48, 49; Id. 5. 
 20. 50. 
 
 HALLE GEMOTE. Hall assembly. A spe- 
 cies of court baron. 
 
 HALLUCINATION. In medical jurispru- 
 dence. A species of mania by which an idea 
 reproduced by the memory is associated and 
 embodied by the imagination. This state of 
 mind is sometimes called "delusion," or 
 "waking dreams." 
 
 An attempt has been made to distingruish 
 "hallucinations" from "illusions." The for- 
 mer are said to be dependent on the state 
 of the intellectual organs, and the latter on 
 that of those of sense. Ray, Med. Jur. § 99; 
 i Beck, Med. Jur. 538, note. An instance is 
 given of a temporary hallucination in the 
 celebrated Ben Johnson, the poet. He told a 
 friend of his that he had spent many a 
 night in looking at his great toe, about 
 which he had seen Turks and Tartars, Ro- 
 mans and Carthaginians, fight, in his 
 imagination. 1 Colly. Lun. 34. If, instead 
 of being temporary, this affection of his 
 mind had been permanent, he would doubt- 
 less have been considered insane. See, on 
 the subject of spectral illusions, Hibbert, 
 Alderson, and Farrar's Essays; Scott on 
 Demonology, etc.; 3 Bostock, Physiology, 
 91, 161'; 1 Esquirol, Maladies Mentales, 
 159. 
 
 HALMOTE. See "Halle Gemote." 
 
 HALYMOTE, HOLIMOT, or HALEGE. 
 mot (from Saxon, halg, holy, and gemot or 
 mot, a meeting). A holy or ecclesiastical 
 court. 
 
 A court held in London before the lord 
 mayor and sheriffs, for regulating the bak- 
 ers. 
 
 It was anciently held on Sunday next be- 
 fore St. Thomas' day, and therefore called 
 ,the holymote, or holy court. Cowell (Ed. 
 1727); Cunningham. See Spelman; 4 Inst. 
 321. 
 
 HALYWERCFOLK. Those who held by 
 the service of guarding and repairing a 
 
HAM 
 
 478 
 
 HAMSOCNE 
 
 church or sepulchre, and were excused from 
 feudal services. Especially in the county of 
 Durham, those who held by service of de- 
 fending the corpse of St. Cuthbert. Jacob. 
 
 HAM. Properly a house; 4 Inst. 294; a 
 vill; a piece of g^round shaped like the ham 
 of the leg; Spelman. 
 
 A piece of land; a home close, or little 
 meadow; a narrow skirt, hem, or edge of 
 meadow. 
 
 A collection of houses; a village or town. 
 Hence the names of many places in Eng- 
 land ending with ham, as Nottingham, 
 Buckingham, etc. Spelman. 
 
 In Saxon and old English law. A house 
 or dwelling; a home. iBt ham; at home. 
 LL. Inea, c. 5. Spelman supposes the radi- 
 cal meaning to be an enclosure or circuit, 
 something that goes around. Hence the 
 hem of a garment. 
 
 HAMA. A piece of land. In old English 
 law. A hook; an engine with which a house 
 on fire is pulled down. Yelv. 60. 
 
 HAMALLARE. (Law Lat.) In old Euro- 
 pean law. To summon to court; to go to 
 law with; to sue or implead. Spelman. 
 
 HAMALLUS. (Law Lat.) In old Euro- 
 pean law. One who was summoned to court. 
 Spelman. 
 
 I HAMBLING. In the forest law. The hox- 
 ling or hock sinewing of dogs; an old mode 
 jof laming or disabling dogs. Termes de la 
 Ley. 
 
 HAMESUCKEN. In Scotch law. The 
 crime of hamesucken consists in "the felon- 
 ious seeking and invasion of a person in 
 his dwelling house." 1 Hume, Hist. Eng. 
 312; Alls. Grim. Law, 199. 
 
 The mere breaking into a house, without 
 personal violence, does not constitute the 
 offense, nor does the violence without an 
 entry with intent to commit an assault. It 
 is the combination of both which completes 
 the crime. It is necessary (1) that the 
 invasion of the house should have proceed- 
 ed from forethought malice; but it is suf- 
 Ificient if, from any illegal motive, the viol- 
 ience has been meditated, although it may 
 not have proceeded from the desire of 
 wreaking personal revenge, properly so 
 called. (2) The place where the assault 
 was committed must have been the proper 
 dwelling house of the party, injured, and 
 not a place of business, visit, or occasional 
 residence. (3) The offense may be commit- 
 ted equally in the day as in the night, and 
 not only by effraction of the building by 
 actual force, but by an entry obtained by 
 fraud, with the intention of inflicting per- 
 sonal violence, followed by its perpetra- 
 tion. (4) But, unless the injury • to the 
 person be of a grievous and material char- 
 acter, it is not hamesucken, though the 
 other requisites to the crime have occurred. 
 When this is the case, it is immaterial 
 
 whether the violence be done lucri causa, or 
 from personal spite. 
 
 The punishment of hamesucken in aggra- 
 vated cases of injury is death; in cases of 
 inferior atrocity, an arbitrary punishment. 
 Alls. Grim. Law, c. 6; Ersk. Inst. 4. 9. 23. 
 
 This term was formerly used in England 
 instead of the now modern term "burglary." 
 4 Bl. Comm. 223. 
 
 But in Hale's Pleas of the Crown it is 
 said: "The common genus of offenses that 
 comes under the name of 'hamesucken' is 
 that which is usually called fhouse break- 
 ing'; which sometimes comes under the 
 common appellation of 'burglary,' whether 
 committed in the day or night to the in- 
 tent to commit felony; so that house break- 
 ing of this kind is of two natures." 1 Hale, 
 P. G. 547; 22 Pick. (Mass.) 4. 
 
 HAMFARE (Saxon, from ham, a house). 
 In Saxon law. An assault made in a house; 
 a breach of the peace in a private house. 
 Spelman; Blount. 
 
 HAMLET. A small village; a part or 
 member of a vill. 
 
 HAM MA. A close joining to a house; a 
 croft; a little meadow. Cowell. 
 
 In Old English Law. The right of se- 
 curity and privacy in a man's house. Du 
 Cange. The breach of this privilege by a 
 forcible entry of a house is breach of the 
 peace. Anc. Inst. Eng.; Du Cange; Bracton, 
 lib. 3, tr. 2, c. 2, § 3. The right to entertain 
 jurisdiction of the offense. Will. Thorn, p. 
 2030; Spelman; Du Cange. Immunity from 
 punishment for such offense. Id.; Fleta, lib. 
 1, c. 44, § 18. An insult offered in one's own 
 house (insultus f actus in domo). Bromp- 
 ton, p. 957; Du Cange. Variously spelled 
 hamsoca, hamsocua, hamsoken, haimsuken, 
 hamesaken. 
 
 HAMSOCA. (Law Lat.) In Saxon law. 
 Hamsoken, or hamsocne. The privilege or 
 liberty of a man's own house; a breach of 
 such privilege by a violent entry. LL. Ed- 
 mund, c. 6. See Hamma. 
 
 A fine for such entry; an immunity from 
 such fine. Spelman. 
 
 HAMSOCNE hamsokne, hamsockne, ham- 
 soken, hamsockene, homesoken. In Saxon 
 law. The liberty, privilege, or immunity of 
 a man's house. Spelman. 
 
 A breach of the immunity of a man's 
 house by entering it against his will; the 
 violent entry of a house. Spelman. 
 
 The offense of burglary. 4 Bl. Comm. 
 223. 
 
 A franchise or privilege granted to lords 
 of manors, to hold pleas and take cogniz- 
 ance of the offence of entering a house 
 against the will of the occupant, and of 
 imposing and exacting fines therefor. Spel- 
 man; Blount. 
 
 A fine or amercement imposed for enter- 
 ing a house forcibly and without permis- 
 sion, and against the peace; an immunity 
 
HANAPER 
 
 479 
 
 HANSE TOWNS 
 
 or acquittance from such fine. See Hamma. 
 Spelman. 
 
 HANAPER. A hamper or basket in 
 which were kept the writs of the court of 
 chancery relating to the business of a sub- 
 ject, and their returns. 5 & 6 Vict. c. 113; 
 10 Rich. II. c. 1. Equivalent to the Roman 
 fiseus. Id. According to Spelman, the fees 
 accruing on writs, etc., were there kept. 
 Mon. Angl. torn. 1, p. 943; Du Cange. 
 
 HANAPER OFFICE. An office on the 
 common-law side of the English court of 
 chancery, in which the writs relating to the 
 business of the subject, and the returns to 
 them, were anciently kept. 3 Bl. Comm. 48. 
 
 So called, according to Blackstone, be- 
 cause the writs were kept in a basket or 
 hamper, but Spelman says that the basket 
 was for keeping the fees of the office, and 
 not the writs. 
 
 This and the petty bag office (q. v.) were 
 offices in which writs relating to the inter- 
 ests of the subject and the crown, respect- 
 ively, were kept. For a discussion of the 
 historic origin of the names, see 6 Johns. 
 (N. Y.) 337, 363. 
 
 HAND. A measure of length, four Inches 
 long; used in ascertaining the height of 
 horses. 
 
 HAND BOROW (from hand, and Saxon 
 borow, a pledge.) Nine of a decennary or 
 friborg were so called, being inferior to 
 the tenth or head borow, — a decenna or 
 friborga being ten freemen or frank- 
 pledges, who were mutually sureties for 
 each other to the king for any damage. Du 
 Cange, "Friborg," "Head Borow." 
 
 HAND GRITH (Saxon). Peace or protec- 
 tion given by the king with his own hand. 
 Cowell. 
 
 HANDBILL. A written or printed notice 
 displayed to inform those concerned of 
 something to be done. 
 
 HAN DH ABEND. In Saxon law. One hav- 
 ing a thing in his hand; that is, a thief 
 found having the stolen goods in his pos- 
 session, — latro manifestus of the civil law. 
 See Laws Hen. I. c. 59; Laws Athelstane, 
 § 6; Fleta, lib. 1, c. 38, § 1; Britt. p. 72; Du 
 Cange. 
 
 Jurisdiction to try such thief. Id. 
 
 HANDSALE, or HANDSEL. Anciently, 
 among all the northern nations, shaking of 
 hands was held necessary to bind a bar- 
 gain,— a custom still retained in verbal con- 
 tracts. A sale thus made was called hand- 
 sale, venditio per mutuam manum complex- 
 ionem. In process of time, the same word 
 was used to signify the price or earnest 
 which was given immediately after the 
 shaking of hands, or instead thereof. In 
 some parts of the country it is usual to 
 speak of hand money, as the part of the 
 consideration paid or to be paid at the 
 
 execution of a contract of sale. 2 Bl. Comm. 
 448; Heinec. Elem. Jur. Civ. lib. 2, § 335; 
 Toullier, Dr. Civ. liv. 3, tit. 3, c. 2, note 33. 
 
 HANDWRITING. Anything written by a 
 person. The manner in which a person 
 writes, including the formation of the char- 
 acters, the separation of the words, and 
 other features distinguishing the written 
 matter, as a mechanical result, from the 
 writing of other persons. 
 
 HANGING IN CHAINS. In atrocious 
 cases it was at one time usual, in England, 
 for the court to direct a murderer, after 
 execution, to be hanged upon a gibbet in 
 chains near the place where the murder 
 was committed, a practice quite contrary 
 to the Mosaic law. Deut. xxi. 23. Abolished 
 by 4 & 5 Wm. IV. c. 26. Wharton. 
 
 HANGMAN. An executioner. The name 
 usually given to a man employed by the 
 sheriff to put a man to death, according to 
 law, in pursuance of a judgment of a com- 
 petent court and lawful warrant. 
 
 HANGWITE (from Saxon hangian, to 
 hang, and wite, fine). Fine, in Saxon law, 
 for illegal hanging of a thief, or for al- 
 lowing him to escape. Immunity from such 
 fine. Du Cange. 
 
 HANIG. Customary labor. 
 
 HANSE. A commercial confederacy for 
 the good ordering and protection of the 
 commerce of its members; an imposition 
 upon merchandise. Du Cange, "Hansa." 
 
 HANSE TOWNS. A number of towns in 
 Europe which joined in a league for mutual 
 protection of commerce as early as the 
 twelfth century. 
 
 Amsterdam and Bremen were the first 
 two that formed it, and they were joined 
 by others in Germany, Holland, England, 
 France, Italy, and Spain, till in 1200 they 
 numbered seventy-two. They made war and 
 peace to protect their commerce, and held 
 countries in sovereignty, as a united com- 
 monwealth. They had a common treasury 
 at Lubeck, and power to call an assembly 
 as often as they chose. For purposes of 
 jurisdiction, they were divided into four 
 colleges or provinces. Great privileges were 
 granted them by Louis VI. of France, and 
 succeeding monarchs. One of their prin- 
 cipal magazines was at London. Their 
 power became so great as to excite the 
 jealousy of surrounding nations, who 
 forced the towns within their jurisdiction 
 which belonged to the league to renounce 
 it. Their number and power became thus 
 gradually reduced, beginning from the mid- 
 dle of the fifteenth century; and at the 
 present day only Bremen, Hamburg, Lu- 
 beck, and Frankfort-on-the-Main remain, — 
 these being recognized by the act establish- 
 ing the German Confederacy, in' 1815, as 
 free Hanseatic cities. Enc. Brit, 
 
HANSE TOWNS, LAWS OF 
 
 480 
 
 HAVE 
 
 HANSE TOWNS, LAWS OF THE. The 
 
 maritime ordinances of the Hanseatic 
 towns, first published in German at Lubeek 
 in 1597, and in May, 1614, revised and en- 
 larged. The text of this digest, and a 
 Latin translation, are published with a 
 commentary by Kuricke; and a French 
 translation has been given by Cleirac. See 
 "Code." 
 
 HANSEATIC. 
 
 tovsms. 
 
 Pertaining to the hanse 
 
 HANSGRAVE. The chief of a company; 
 the head man of a corporation. 
 
 HANTELOD. An arrest. Jacob. 
 
 HAP. To catch. Thus, "hap the rent," 
 "hap the deed-poll," were formerly used. 
 Tech. Diet.; Cowell. 
 
 HAPPEN. The word happen, in its strict- 
 est literal sense, signifies an unexpected 
 event. It is also not uncommonly used as 
 synonymous with "'occur," "take place," 
 "exist" and "happens to be." 51 N. J. 
 Law, 192. 
 
 HARBOR (Saxon, here berga, station for 
 an army). A place where ships may ride 
 with safety; any navigable water protected 
 by the surrounding country; a haven. It is 
 public property. 1 Bouv. Inst, note 435. 
 
 Harbor is to be distinguished from 
 "port," which has a reference to the deliv- 
 ery of cargo. See 7 Man. & G. 870; 9 Mete. 
 (Mass.) 371-377; 2 Barn & Aid. 460. Thus, 
 we have the "said harbor basin and docks 
 of the port of Hull." 2 Barn. & Aid. 60. 
 But they are generally used as synonymous. 
 Webster. 
 
 In Torts. To receive clandestinely or 
 
 without lawful authority a person for the 
 purpose of so concealing him that another 
 having a right to the lawful custody of such 
 person shall be deprived of the same; for 
 example, the harboring of a wife or an ap- 
 prentice in order to deprive the husband or 
 the master of them; or, in a less technical 
 sense, it is the reception of persons im- 
 properly. 10 N. H. 247; 5 111. 498. 
 
 The harboring of such persons will sub- 
 ject the harborer to an action for the in- 
 jury; but, in order to put him completely 
 in the wrong, a demand should be made for 
 their restoration, for in cases where the 
 harborer has not committed any other 
 wrong than merely receiving the plaintiff's 
 wife, child, or apprentice, he may be under 
 no obligation to return them without a de- 
 mand. 1 Chit. Prac. 564; Dane, Abr. Index; 
 2 N. C. Law Rep. 249; 5 How. (U. S.) 215, 
 227. 
 
 HARBOR AUTHORITY. In England, a 
 harbor authority is a body of persons, cor- 
 porate or unincorporate, being proprietors 
 of, or intrusted with the duty of construct- 
 ing, improving, managing, or lighting, any 
 harbor. St. 24 & 25 Vict. c. 47. 
 
 HARD LABOR. A phrase used in sen- 
 tencing to confinement in institutions where 
 labor is required of convicts. The word 
 "hard" is surplusage. 29 Pa. St. 448. 
 
 HARDHEIDIS, or HARDIES (Scotch). In 
 old Scotch law. Lions; coins formerly of 
 the value of three half -pence. 1 Pitc. Crim. 
 Tr. pt. 1, p. 64, note. 
 
 HARER, HARIER. (Law Fr.) To stir up; 
 to provoke; to importune. Kelham. 
 
 HARNASCA (Law Lat.) In old European 
 law. The defensive armor of a man; har- 
 ness. Spelman. 
 
 HARO, or HARROU (Fr.) In Norman and 
 early English law. An outcry, or hue and 
 cry after felons and malefactors. Cowell. 
 
 HASP AND STAPLE. In old Scotch law. 
 The form of entering an heir in a subject 
 situated within a royal borough. It con- 
 sisted of the heir's taking hold of the hasp 
 and staple of the door (which was the sym- 
 bol of possession), with other formalities. 
 Bell, Diet. 
 
 HASPA. 
 
 In Old English Law. The hasp of a 
 
 door; by which the livery of seisin might 
 anciently be made, where there was a house 
 on the premises. 
 
 In Old Records. The hasp or clasp of 
 
 a book. 
 
 HASTA (Lat.) 
 
 In the Civil Law. A spear; the badge 
 
 of a sale by auction. Hasta subjicere, to put 
 under the spear; to put up at auction. Calv. 
 Lex. 
 
 In Feudal Law. A spear; the symbol 
 
 used in making investiture of a fief. 
 
 HAT MONEY. In maritime law. Prim- 
 age; a small duty paid to the captain and 
 mariners of a ship. 
 
 HAUR. In old English law. Hatred. LL. 
 Gul, Conq, c. 16.. 
 
 HAUSTUS (Lat. from haurire, to draw). 
 In civil law. The right of drawing water, 
 and the right of way to the place of draw- 
 ing. Fleta, lib. 4, c. 27, § 9. 
 
 HAUT CHEMIN (Law Fr.) Highway. Y. 
 B. M. 4 Hen. VI. 4. 
 
 HAUT ESTRET (Law Fr.) High street; 
 highway. Y. B. P. 11 Hen. VI. 2. 
 
 HAVE (Lat) A form of the salutory ex- 
 pression Ave, used in the titles of some of 
 the constitutions of the Theodosian and Jus- 
 tinian Codes. See Code, 7. 62. 9; Id. 9. 2. 11. 
 
 To possess corporally. "No one, at com- 
 mon law, was said to have or to be in pos- 
 session, of land, unless it were conveyed to 
 him by the livery of seisin, which gave him 
 the corporal investiture and bodily occupa- 
 tion thereof." Bl. Law Tr. 113. 
 
HAVE AND HOLD 
 
 481 
 
 HEARING 
 
 HAVE AND HOLD. A common phrase in 
 conveyancing', derived from the habendum 
 et tenendum of the old common law. See 
 "Habendum." 
 
 HAVEN. A place calculated for the re- 
 ception of ships, and so situated, in regard 
 to the surrounding land, that the vessel 
 may ride at anchor in it in safety. Hale de 
 Port. Mar. c. 2; 2 Chit. Com. Law, 2; 15 
 East, 304, 305. See "Port." 
 
 HAWKER. An itinerant or traveling 
 trader, who carries small commodities about 
 on his back or in a cart or wagon in order 
 to sell them, and who actually sells them 
 to purchasers, 132 III. 383, in contradis- 
 tinction to' a trader who has goods for sale, 
 and sells them in a fixed place of business. 
 
 Superadded to this, though perhaps not 
 essential, is generally understood one who 
 not only carries goods for sale, but seeks 
 for purchasers, either by outcry, which 
 some lexicographers conceive as intimated 
 by the derivation of the word, or by attract- 
 ing notice and attention to them, as goods 
 for sale, by an actual exhibition or exposure 
 of them by placards or labels, or by a con- 
 ventional signal, like the sound of a horn 
 for the sale of fish. 12 Cush. (Mass.) 495. 
 
 HAY, In old English law. A hedge. 
 Cowell. 
 
 A piece of ground enclosed with a hedge; 
 an enclosure in forests and parks. Blount. 
 
 HAYBOTE (from haye, hedge, and bote, 
 compensation). Hedgebote; one of the esto- 
 vers allowed tenant for life or for years; 
 namely; material to repair hedges or fences. 
 2 Sharswood, Bl. Comm. 35; 1 Washb. Real 
 Prop. 99. 
 
 HAYWARD (from haye. Ledge, and 
 ward, keeping). In old English law. An of- 
 ficer appointed in the lord's court to keep a 
 common herd of cattle of a town. So called 
 because he was to see that they did not 
 break or injure the hedges of inclosed 
 grounds. His duty was also to impound 
 trespassing cattle, and to guard against 
 pound breaches. Kitch. Cts. 46; Cowell. 
 
 HAZARDOUS CONTRACT. A contract in 
 which the performance of that which is one 
 of its objects depends on an uncertain event. 
 Civ. Code La. art. 1769; 1 Bouv. Inst, note 
 707; 1 J. J. Marsh (Ky.) 596; 3 J. J. 
 Marsh. (Ky.) 84. See "Maritime Loan." 
 
 HE, or HIS. The use of the masculine 
 pronoun is not, as a rule of construction, 
 conclusive that only males are embraced 
 thereby. 71 Cal. 38. 
 
 HEAD COURTS. Certain tribunals in 
 Scotland, abolished by 20 Geo. II. c. 50. 
 Ersk. 1, 4. 6. 
 
 HEAD NOTE. The syllabus of a reported 
 decision. 
 
 HEAD OF A FAMILY. Householder; one 
 who provides for a family. 19 Wend. (N. 
 Y.) 476. There must be the relation of 
 father and child, or husband and wife. 3 
 Humph. (Tenn.) 216; 17 Ala. (N. S.) 486. 
 Per contra, 20 Mo. 75. See "Family." 
 
 HEADBOROW, or HEADBOROUGH. In 
 Saxon law. The head or principal man of 
 a frank pledge decennary or tithing. 
 
 HEADLAND. In old English law. A nar- 
 row piece of unploughed land left at the 
 end of a ploughed field for the turning of 
 the plough. Called, also, "butt." Kennett, 
 Par. Ant. 587; 2 Leon. 70, case 93; 1 Litt. 
 13. 
 
 HEAFODWEARD. A feudal service ren- 
 dered by a thane, the nature of which is 
 now unknown. 
 
 HEALGEMOTE. A court baron. 
 
 HEALSFANG (from German hals, neck, 
 and fangen, to catch) . A sort of pillory, by 
 which the head of the culprit was caught 
 between two boards, as feet are caught in a 
 pair of stocks. 
 
 "The fine which every man would have to 
 pay in commutation of this punishment, 
 had it been in use," for it was very early 
 disused, no mention of it occurring in the 
 laws of the Saxon kings. Anc. Inst. Eng.; 
 Spelman. 
 
 HEALTH LAWS. Laws designed to pre- 
 serve the public health. 
 
 HEALTH OFFICER. An officer, usually 
 municipal, charged with the enforcement of 
 health laws. 
 
 HEAPED MEASURE. That kind of 
 measure in which the commodities meas- 
 ured are heaped above the top of the vessel 
 containing them. 
 
 HEARING. In legal contemplation, the 
 word hearing, when used in connection with 
 the trial of a lawsuit, includes not only 
 the listening to the examination of the wit- 
 nesses but the entire judicial examination 
 of the issues, both of law and of fact, be- 
 tween the parties. 155 111. 232. Conse- 
 quently the word embraces the listening to 
 the arguments of counsel on both sides if 
 oral arguments are made and the reading 
 of the arguments if written or printed argu- 
 ments are presented; and, also, the consid- 
 eration of these arguments in respect to 
 both points of law and of fact. 151 111. App. 
 505, 506. 
 
 In- Chancery Practice. The trial of a 
 
 chancery suit. 
 
 The hearing is conducted as follows: 
 When the cause is called on in court, the 
 pleadings on each side are opened in a brief 
 manner to the court by the junior counsel 
 for the plaintiff; after which the plaintifif's 
 leading counsel states the plaintiff's case 
 and the points in issue, and submits to the 
 court his arguments upon them. Then the 
 
HEARSAY EVIDENCE 
 
 482 
 
 HEIR 
 
 depositions (if any) of the plaintiff's wit- 
 nesses, and such parts of the defendant's 
 answer as support the plaintiff's case, are 
 read by the plaintiff's solicitor; after which 
 the rest of the plaintiff's counsel address 
 the court. Then the same course of pro- 
 ceedings is observed on the other side, 
 excepting that no part of the defendant's 
 answer can be read in his favor if it be 
 replied to. The leading counsel for the 
 plaintiff is then heard in reply; after which 
 the court pronounces the decree. Newland, 
 Prac. 153, 154; 14 Viner, Abr. 233; Comyn, 
 Dig. "Chancery" (T. 1, 2, 3) ; Daniell, Ch. 
 Prac. 
 
 — — In Criminal Law. The examination of 
 a prisoner charged with a crime or misde- 
 meanor, and of the witnesses for the ac- 
 cused. See "Examination." 
 
 HEARSAY EVIDENCE. That kind of evi- 
 dence which does not derive its value solely 
 from the credit to be given to the witness 
 himself, but rests also, in part, on the 
 veracity and competency of some other per- 
 son. 1 Phil. Ev. 185; 1 Greenl. Ev. § 99. 
 
 The terrii applies to written, as well as 
 oral, matter. See "Evidence." 
 
 HEARTH MONEY. A tax, granted by 13 
 & 14 Car. II. c. 10, abolished 1 Wm. & Mary, 
 st. 1, c. 10, of two shillings on every hearth 
 or stove in England and Wales, except such 
 as pay not to the church and poor. Jacob. 
 Commonly called "chimney money." Id. 
 
 HEARTH SILVER. A sort of modus for 
 tithes, viz., a prescription for cutting down 
 and using for fuel the tithe of wood. 2 
 Burn, Ecc. Law, 304. 
 
 HEAT OF PASSION. In criminal law. 
 Furor brevis, sudden passion caused by rea- 
 sonable provocation. It is a characteristic 
 of the crime of voluntary manslaughter, a 
 killing without malice in heat of passion 
 being manslaughter, not murder. 5 Mass. 
 295; 86 Va. 466. 
 
 It need not be so overpowering as for the 
 time to shut out knowledge and destroy 
 volition, but only sufficient to exclude de- 
 liberation and malice. 4 Dev. & B. (N. C.) 
 491; 10 Mich. 212. 
 
 .HEBBERIVIAN. An unlawful fisher in the 
 Thames below London bridge. So called be- 
 cause they generally fished at ebbing tide or 
 water. 4 Hen. VII. c. 15; Jacob. 
 
 HEBBERTHEF. The privilege of having 
 goods of thief and trial of him within such 
 a liberty. Cart. S. Edmundi MS. 163; Cow- 
 ell. 
 
 HEDAGIUM (Saxon, heda, hitha, port). 
 A toll or custom paid at the hith, or wharf, 
 for landing goods, etc., from which an ex- 
 emption was granted by the king to some 
 particular persons and societies. Cart. Ab- 
 batiae de Redinges; Cowell. 
 
 HEDGE. See "Gambling Contract." 
 
 HEDGE BOTE. Wood used for repairing 
 hedges or fences. 2 Bl. Comm. 35 : 16 Johns 
 (N. Y.) 15. 
 
 HEGIRA. The account of time used by 
 the Turks and Arabians, who begin their 
 computation of time from the day that 
 Mahomet was compelled to escape from 
 Mecca,— Friday, July 16, A. D. 622. Whar- 
 ton. 
 
 HEIFER. A young cow which has not had 
 a calf; a beast of this kind two years and 
 a half old was held to be improperly de- 
 scribed in the indictment as a cow. 2 East, 
 P. C. 616; 1 Leach, C. C. 105. 
 
 HEINFAR. In Saxon law. The depart- 
 ure, flight, escape or loss of a servant. 
 Spelman. 
 
 A fine paid for killing a man. Domesday. 
 Spelman. 
 
 The right of taking cognizance of such 
 an offence. Id. 
 
 HEIR. 
 
 At Common Law. He who is bom or 
 
 begotten in lawful wedlock, and upon whom 
 the law casts the estate in lands, tene- 
 ments, or hereditaments immediately upon 
 the death of his ancestor. 
 
 The term "heir" has a very different sig- 
 nification at common law from what it has 
 in those states and countries which have 
 adopted the civil law. In the latter, the 
 term applies to all persons who are called 
 to the succession, whether by the act of 
 the party, or by operation of law. The per- 
 son who is created universal successor by 
 a will is called the "testamentary heir"; 
 and the next of kin by blood is, in cases of 
 intestacy, called the "heir at law," or "heir 
 by intestacy." The executor of the com- 
 mon law is in many respects not unlike the 
 testamentary heir of the civil law. Again, 
 the administrator in many respects corres- 
 ponds with the heir by intestacy. By the 
 common law, executors — ^unless expressly 
 authorized by the will — and administrators 
 have no right except to the personal estate 
 of the deceased; whereas the heir by the 
 civil law is authorized to administer both 
 the personal and real estate. 1 Brown, Civ. 
 Law, 344; Story, Confi. Laws, § 508. 
 
 No person is heir of a living person. A 
 person occupying a relation which may be 
 that of heirship is, however, called "heir 
 apparent" or "heir presumptive." 2 Bl. 
 Comm. 208. A monster cannot be heir. Co. 
 Litt. 7b. A bastard cannot be heir. 2 Kent, 
 Comm. 208. 
 
 In the word "heirs" is comprehended 
 heirs of heirs in infinitum. Co. Litt. 7b, 9a; , 
 Wood. Inst. 69. 
 
 According to many authorities, heir may 
 be wowew collectivum, as well in a deed as 
 in a will, and operate in both in the same 
 manner as the word "heirs." 1 Rolle, Abr. 
 253; Ambl. 453; Godb. 155; T. Jones, HI; 
 Cro. Eliz. 313; 1 Burrows, 38; 10 Viner, 
 Abr. 233. But see 2 Prest. Est. 9, 10. In 
 
HEIR APPARENT 
 
 483 
 
 HEIRLOOM 
 
 wills, in order to effectuate the intention of 
 the testator, the word "heirs" is sometimes 
 construed to mean the "next of kin" (1 
 Jac. & W. 388) and children (Ambl. 273). 
 See, further, as to the force and import of 
 this word, 2 Vent. 311; 1 P. Wms. 229; 2 
 P. Wms. 1, 369; 3 Brown, Pari. Gas. 60, 
 454; 2 W. Bl. 1010; 4 Ves. 26, 766, 794; 2 
 Atk. 89, B80; 5 East, 533; 5 Burrows, 2615; 
 11 Mod. 189. 
 
 In Civil Law. He who succeeds to 
 
 the rights and occupies the place of a de- 
 ceased person. See "Haeres." 
 
 HEIR APPARENT. One who has an in- 
 defeasible right to the inheritance, provided 
 he outlive the ancestor. 2 Bl. Comm. 208. 
 
 HEIR AT LAW. He who, after his ances- 
 tor's death intestate, has a right to all 
 lands, tenements, and hereditaments which 
 belonged to him or of which he was seised. 
 The same as "heir general." 
 
 HEIR BENEFICIARY. One who accepts 
 the succession under benefit of inventory 
 iq.v.) 
 
 HEIR BY CUSTOM. In English law. One 
 whose right of inheritance depends upon a 
 particular and local custom, such as gavel- 
 kind, or borough English. Co. Litt. 140. 
 
 HEIR BY DEVISE. One to whom lands 
 are devised by will; a devisee of lands. An- 
 swering to the haeres f actus (q. v.) of the 
 civil law. 
 
 HEIR, COLLATERAL. One who Is not of 
 the direct line of the deceased, but comes 
 from a collateral line; as, a brother, sister, 
 an uncle and aunt, a nephew, niece, or cou- 
 sin, of the deceased. 
 
 HEIR, CONVENTIONAL. In civil law. 
 One who takes a succession by virtue of a 
 contract — for example, a marriage contract 
 — which entitles the heir to the succession. 
 
 HEIR, GENERAL. Heir at common law. 
 
 HEIR INSTITUTE. One to whom the 
 right of succession is ascertained by dis- 
 position or express deed of the deceased. 1 
 Forbes, Inst. pt. 3, p. 75. 
 
 HEIR, LEGAL. In civil law. A legal heir 
 is one who is of the same blood as the de- 
 ceased, and who takes the succession by 
 force of law. This is different from a tes- 
 tamentary or conventional heir, who takes 
 the succession in virtue of the disposition 
 of man. See Civ. Code La. arts. 873, 875; 
 Diet, de Jur. "Heritier Legitime." There 
 are three classes of legal heirs, to-wit, the 
 children and other lawful descendants, the 
 fathers and mothers and other lawful as- 
 cendants, and the collateral kindred. Civ. 
 Code La. art. 883. 
 
 HEIR MALE. In Scotch law. An heir in- 
 stitute, who, though not next in blood to 
 the deceased, is his nearest male relation- 
 
 that can succeed to him. 1 Forbes, Inst. pt. 
 3, p. 76. 
 
 HEIR OF CONQUEST. In Scotch law. 
 One who succeeds to the deceased in con- 
 quest, i, e., lands or other heritable rights 
 to which the deceased neither did nor could 
 succeed as heir to his predecessor. Forbes, 
 Inst. pt. 377. 
 
 One who succeeds to lands acquired by 
 purchase. Bell, Diet. 
 
 HEIROFLINE. In Scotch law. One who 
 succeeds lineally by right of blood; one 
 who succeeds to the deceased in his herit- 
 age; i. e., lands and other heritable rights 
 derived to him by succession as heir to his 
 predecessor, 1 Forbes, Inst. pt. 3, p. 77. 
 
 An heir at law is so called because he 
 succeeds according to certain lines of pro- 
 pinquity. Bell, Diet. 
 
 HEIR OF PROVISION. In Scotch law. 
 One who succeeds as heir by virtue of a par- 
 ticular provision in a deed or instrument. 
 Wharton. 
 
 HEIR OF TAILZIE. In Scotch law. He on 
 whom an estate is settled that would not 
 have fallen to him by legal succession. 1 
 Forbes, Inst. pt. 3, p. 75. 
 
 HEIR PRESUMPTIVE. One who, in the 
 present circumstances, would be entitled to 
 the inheritance, but whose rights may be 
 defeated by the contingency of some nearer 
 heir being bom. 2 Bl. Comm. 208. In 
 Louisiana, the presumptive heir is he who 
 is the nearest relation of the deceased 
 capable of inheriting. This qi^ality is given 
 to him before the decease of the person 
 from whom he is to inherit, as well as after 
 the opening of the succession, until he has 
 accepted or renounced it. Civ. Code La. art. 
 876. 
 
 HEIR SPECIAL. In English law. The Is- 
 sue in tail, who claims per formam doni, by 
 the form of the gift. 
 
 HEIR SUBSTITUTE, IN A BOND. In 
 
 Scotch law. He to whom a bond is payable 
 expressly in case of the creditor's decease, 
 or after his death. 1 Forbes, Inst. pt. 3, p. 
 76. 
 
 HEIR, TESTAMENTARY. In civil law. 
 One who is constituted heir by testament 
 executed in the form prescribed by law. He 
 is so called to distinguish him from the 
 "legal heirs," who are called to the succes- 
 sion by the law; and from "conventional 
 heirs," who are so constituted by a contract 
 inter vivos. See "Haeres Factus"; "Dev- 
 isee." 
 
 HEIRESS. A female heir to a person 
 having an estate of inheritance. When there 
 are more than one, they are called "co- 
 heiresses," or "coheirs.'" 
 
 HEIRLOOM. While the authorities gen- 
 erally credit the origin of the word to the 
 
HEIRS, BENEFICIARY 
 
 484 
 
 HERALDS' COLLEGE 
 
 Saxon, some claim it was derived from 
 "heier" or "heir," and "leoma," a limb or 
 member; others are inclined to the opinion 
 that it is a compound of the words "heir" 
 and "loom," the latter being a frame to 
 weave in; still others claim that it had its 
 origin in the Saxon word "loma" or "ge- 
 loma," which signifies utensils, or vessels 
 generally. 
 
 The older authorities limited the appli- 
 cation of the term to articles of household 
 furniture or "dead chattels movable," but 
 recent writers have given it a more general 
 signification, until now it may be said that, 
 in the common acceptance of the term, it 
 includes all chattels which go to the heir, 
 along with the inheritance, and necessary 
 to its enjoyment, and which by custom, hav- 
 ing belonged to a house, are seldjm inven- 
 toried after the decease of the owner and 
 do not go to the executor or administrator 
 of the last proprietor. 
 
 Articles which are considered as annexed 
 to the freehold and cannot be taken away 
 without damaging or dismembering it; and 
 utensils of the stronger or more ponderous 
 kind which are not easily separated from 
 the house are considered heirlooms. 
 
 Charters, deeds, and other evidences of 
 the title of the land, together with the box 
 or chest in which they are contained, the 
 keys of a house, tables, presses, cupboards, 
 bedsteads, and wainscots, fish in a pond, 
 deer in a park and doves in a dovehouse 
 have been hejd to have been heirlooms go- 
 ing with the inheritance. Co. Litt. 3a, 185b, 
 8a; 7 Coke, 17b; Cro. Eliz. 372; Brooke, 
 Abr. "Charters," pi. 13; 2 Bl. Comm. 28, 
 427; 14 Viner, Abr. 291; 2 Kent's Com. 
 343; 1 Williams on Exec. 606, 607, 609; 
 Bro. Abr. Descent, pi. 43; Termes de la Ley; 
 Spelman. 
 
 HEIRS, BENEFrCIARY. In civil law. 
 Those who have accepted the succession un- 
 der the benefit of an inventory regularly 
 made. Civ. Code La. art. 879. If the heir 
 apprehend that the succession will be bur- 
 dened with debts beyond its value, he ac- 
 cepts with benefit of inventory, and in that 
 case he is responsible only for the value of 
 the succession. 
 
 HEIRS, FORCED. Those who cannot be 
 disinherited. See "Forced heirs." 
 
 HEIRS, IRREGULAR. In Louisiana. 
 Those who are neither testamentary nor le- 
 gal, and who have been established by law 
 to take the succession. See Civ. Code La. art. 
 874. When the deceased has left neither law- 
 ful descendants nor ascendants, nor collat- 
 eral relations, the law calls to his inherit- 
 ance either the surviving husband or wife, 
 or his or her natural children, or the state. 
 Id. art. 911. This is called an "irregular 
 succession." 
 
 HEIRS OF THE BODY. Lineal descend- 
 ants. 37 Ala. 178. 
 
 "The term 'heir of the body* is a well- 
 established technical term, with which the 
 words 'children' or 'issue' or 'lawful issue' 
 are not synonymous." 115 Mass. 276. 
 
 Like all similar expressions, its technical 
 sense is frequently subordinated to the evi- 
 dent intent. 
 
 Thus it has been construed as synonymous 
 with "children." 147 Ind. 95; 8 Ga. 887. 
 
 HEIRS, UNCONDITIONAL. In Louisiana. 
 Those who inherit without any reservation, 
 or without making an inventory, whether 
 their acceptance be express or tacit. Civ. 
 Code La. art. 878. 
 
 HEIRSHIP MOVABLES. In Scotch law. 
 The movables which go to the heir, and 
 not to the executor, that the land may not 
 go to the heir completely dismantled, such 
 as the best of furniture, horses, cows, etc., 
 but not fungibles. Hope, Minor Prac. p. 
 538; Ersk. Inst. 3. 8. 13-17 et seq; Bell, 
 Diet. 
 
 HELL. The name given to a place under 
 the exchequer chamber, where the king's 
 debtors were confined. Rich. Diet. 
 
 HEMOLDBORH, or HELMELBORCH. A 
 
 title to possession. The admission of this 
 old Norse term into the laws of the Con- 
 queror is difficult to be accounted for; it is 
 not found in any Anglo Saxon law extant. 
 Anc. Inst. Eng. 
 
 HENFARE. A fine for flight on account 
 of murder. Domesday Book. ' 
 
 HENGHEN. In Saxon law. A prison, or 
 house of correction. Anc. Inst. Eng. 
 
 HENGWYTE (Saxon). In old English 
 law. An acquittance from a fine for hanging 
 a thief. Fleta, lib. 1, c. 47, § 17. 
 
 HENRICUS VETUS. Henry the Old, or 
 Elder. King Henry I. is so called in an- 
 cient English chronicles and charters, to 
 distinguish him from the subsequent kings 
 of that name. Spelman. 
 
 HERALD ( from French, herault) . An 
 officer whose business it is to register: 
 genealogies, adjust ensigns armorial, regu- 
 late funerals and coronations, and, ancient- 
 ly, to carry messages between princes and 
 proclaim war and peace. 
 
 HERALDS' COLLEGE. In 1450, the her- 
 alds in England were collected into a college 
 by Richard II. The earl marshal of Eng- 
 land was chief of the college, and under 
 him were three kings-at-arms (styled Gar- 
 ter, Clarencieux, Norroy), six heralds-at- 
 arms (styled of York, Lancaster, Chester, 
 Windsor, Richmond, and Somerset), and 
 four pursuivants-at-arms (styled Blue 
 Mantle, Rouge Croix, Rouge Dragon, and 
 Portcullis). This organization still con- 
 tinues. Enc. Brit. 
 
HERBAGE 
 
 485 
 
 HERITAGE 
 
 HERBAGE. In English law. An easement 
 which consists in the right to pasture cattle 
 on another's ground. 
 
 HERBERY. An inn. Herfeerjfare, to enter- 
 tain at an inn. Herbergatus, entertained. 
 
 HERD WERCK, or HEORDWERCH. Cus- 
 tomary uncertain services as herdsmen, 
 shepherds, etc. A. D. 1166, Reg. Ecc. Christi 
 Cant. MS.; Cowell. 
 
 HEREBANNUM. Calling out the army by 
 proclamation; a fine paid by freemen for 
 not attending the army; a tax for the sup- 
 port of the army. Du Cange. 
 
 HEREDAD. In Spanish law. A portion 
 of land that is cultivated. Formerly it 
 meant a farm, hacienda de campo, real es- 
 tate. 
 
 HEREDAD YACENTE (Spanish, from 
 Lat. "haereditas jacens," q. v.). In Spanish 
 law. An inheritance not yet entered upon 
 or appropriated. White, New Recop. bk. 2, 
 tit. 19, c. 2, § 8. 
 
 HEREDERO. In Spanish law. Heir; he 
 who, by legal or testamentary disposition, 
 succeeds to the property of a deceased per- 
 son. "Haeres censeatur cum defuncto una 
 eademque persona." Las Partidas, 7. 9. 13. 
 
 HEREDITAMENTS. Things capable of 
 being inherited. Co. Litt. 5b; 2 Bl. Comm. 
 17. By this term, such things are denoted 
 as may be the subject matter of inherit- 
 ance, but not the inheritance itself. It 
 cannot, therefore, by its own intrinsic force, 
 enlarge an estate prima facie a life estate 
 into a fee. 2 Bos. & P. 251; 8 Term R. 503. 
 See 4 Washb. Real Prop. Index. 
 
 Hereditaments are either (1) corporeal, 
 such as are substantial and permanent, be- 
 ing comprehended under the general de- 
 nomination "land"; (2) incorporeal, being 
 heritable rights issuing out of things cor- 
 poreal. 
 
 They include advowsons, tithes, dignities, 
 pensions, franchises, offices, commons, ways, 
 annuities, and rents. 2 Bl. Comm, 19 et 
 seq. 
 
 Hereditaments are also divided into real, 
 personal, and mixed. Challis, Real Prop. 
 39, 40. 
 
 HEREDITARY. That wMcli is the sub- 
 ject of inheritance. 
 
 HEREGEAT. A heriot (q. v.). Spelman. 
 
 HEREGELD (Saxon). In old English law. 
 A tribute or tax levied for the maintenance 
 of an army. Spelman. 
 
 HERES. See "Haeres." 
 
 HERESCHIP (Scotch). In old Scotch 
 law. Theft or robbery. 1 Pitc. Grim. Tr. 
 pt. 2, pp. 26, 89. 
 
 HERESY. In English law. An offense 
 against religion, consisting not in a total 
 
 denial of Christianity, but of some of its 
 essential doctrines, publicly and obstinately 
 avowed. 4 Bl. Comm. 44, 45. An opinion 
 on divine subjects devised by human rea- 
 son, openly taught, and obstinately main- 
 tained. 1 Hale, P. C. 384. This offense is 
 now subject only to ecclesiastical correction, 
 and is no longer punishable by the secular 
 law. 4 Steph. Comm. 233. 
 
 HERETOFORE. In the time before the 
 present; down to this time; before this 
 time. 167 111. 447; 117 N. Y. 150. 
 
 In times past; previous time; previously. 
 253 111. 539. 
 
 In times before the present; formerly. 
 167 111. 456. 
 
 HEREIN. Herein, as used in legal 
 phraseology, is a locative adverb, and its 
 meaning is to be determined by the context. 
 It may refer to the section, the chapter, or 
 the entire enactment in which it is used, 
 and this rule is applicable to the construc- 
 tion of a document, as well as of a statute. 
 98 Cal. 608. 
 
 HERGE. In Saxon law. Persons who 
 joined in a body of more than thirty-five 
 to commit crimes. 
 
 HERIOT. In English law. A customary 
 tribute of goods and chattels, payable to 
 the lord of the fee on the decease of the 
 owner of the land. 
 
 Heriot service is such as is due upon a 
 special reservation in the grant or lease of 
 lands, and therefore amounts to little more 
 than a mere rent. Heriot custom arises 
 upon no special reservation whatsoever, 
 but depends merely upon immemorial usage 
 and custom. See 2 Bl. Comm. 97, 422; 
 Comyn, Dig. "Copyhold" (K. 18); Bac. 
 Abr.; 2 Saund.; 1 Vern. 441. 
 
 HERISCHILD. A species of English mili- 
 tary service. 
 
 HERISCHULDAE. A fine for disobedi- 
 ence to proclamation of warfare. Skene de 
 Verb. Sign. 
 
 HERITABLE BOND. In Scotch law. A 
 bond for a sum of money, to which is add- 
 ed, for further security of the creditor, a 
 conveyance of land or heritage to be held 
 by the creditor as pledge. 1 Ross, Lect. 76; 
 2 Ross, Lect. 324. 
 
 HERITABLE JURISDICTION. In Scotch 
 law. Grants of criminal jurisdiction made 
 to great families for the better execution 
 of justice. Abolished by 20 Geo. II. c. 43. 
 Bell, Diet. 
 
 HERITABLE RIGHTS. In Scotch law. 
 Rights which go to the heir; generally, all 
 rights in or connected with lands. Bell, 
 Diet. "Heritable." 
 
 HERITAGE. In civil law. Every species 
 of immovables which can be the subject of 
 
HERITOR 
 
 486 
 
 HIGH BAILIFF 
 
 property, such as lands, houses, orchards, 
 •woods, marshes, ponds, etc., in whatever 
 mode they may have been acquired, either 
 by descent or purchase. 3 Toullier, Dr. Civ. 
 472. See Co. Litt. i 731. 
 
 HERITOR. In Scotch law. A land owner. 
 
 HERMANDAD. In Spanish law. A frater- 
 nity formed among different towns and vil- 
 lages to prevent the commission of crimes, 
 and to prevent the abuses and vexations to 
 which they were subjected by men in power. 
 
 To carry into effect the object of this as- 
 sociation, each village and town elected two 
 alcaldes, — one by the nobility, and the other 
 by the community at large. These had un- 
 der their order inferior officers, formed 
 into companies, called cuad villeros. Their 
 duty was to arrest delinquents and bring 
 them before the alcaldes, when they were 
 tried substantially in the ordinary form. 
 This tribunal, established during the an- 
 archy prevailing in feudal times, contin- 
 ued to maintain its organization in Spain 
 for centuries; and various laws determin- 
 ing its jurisdiction and mode of proceeding 
 were enacted by Ferdinand and Isabella and 
 subsequent monarchs. Nov. Recop. tit. 35, 
 bk. 12, § 7. The abuses introduced in the 
 exercise of the functions of these tribunals 
 caused their abolition, and the santas her- 
 mandades of Ciudad Rodrigo, Talavera, 
 and Toledo, the last remnants of these 
 anomalous jurisdictions, were abolished by 
 the law of the 7th of May, 1835. Called, 
 also, "Santa Hermandad." 
 
 HERMAPHRODITUS TAM MASCULO 
 quam foeminae comparatur, secundum prae- 
 valentiam sexus incalesccntis. An hermaph- 
 rodite is to be considered male or female 
 according to the predominance of the excit- 
 ing sex. Co. Litt. 8; Bracton, fol. 5. 
 
 HERMER. A great lord. Jacob. 
 
 HERRING SILVER. This was a composi- 
 tion in money for the custom of suppljnng 
 herrings for the provision of a religious 
 house. Rapalje & L. 
 
 HER US. A master. Servus fadt ut herus 
 det, the servant does [the work] in order 
 that the master may give [him the wages 
 agreed on]. Herus dat ut servus facit, the 
 master gives [or agrees to give, the wages] 
 in consideration of, or with a view to, the 
 servant's doing [the work]. 2 Bl. Comm. 
 445. 
 
 HESIA. An easement. Du Cange. 
 
 HEST CORN. In old records. Corn or 
 grain given or devoted to religious persons 
 or purposes. 2 Mon. Angl. 367b. Cowell. 
 
 HETERIA. In Roman law. A society or 
 coippany. 
 
 HEUVELBORH. In Saxon law. A surety. 
 
 HEYBOTE, HAYBOTE. In English law. A 
 liberty granted to a tenant, of cutting as 
 much underwood and bushes on the prem- 
 ises, as was necessary for mending and 
 maintaining the fences or hedges. Cowell. 
 See Haybotie. 
 
 HEYLODE. In feudal law. A duty of cer- 
 tain tenants to repair hedges (hays). 
 
 HIDAGE. In old English law. A tax 
 levied, in emergencies, on every hide of 
 land; the exemption from such tax. Brac- 
 ton, lib. 2, c. 56. It was payable sometimes 
 in money, sometimes in ships or military 
 equipments ; e. g., in the year 994, when the 
 Danes landed in England, every three hun- 
 dred hides furnished a ship to king Ethel- 
 red, and every eight hides one pack and 
 one saddle. Jacob. 
 
 HIDALGO, or HIJODALGO. In Spanish 
 law. He who, by blood and lineage, be- 
 longs to a distinguished family, or is noble 
 by descent. Las Pairtidas, 2. 12. 3. The 
 origin of this word has given rise to much 
 controversy; for which, see Escriche. 
 
 HIDALGUIA. In Spanish law. Nobility 
 by descent or lineage. White, New Recop. 
 bk. 1, tit. 5, c. 3, § 4. See "Hidalgo." 
 
 HIDE (from Saxon hyden, to cover; so, 
 Lat. tectum, from tegere). In old English 
 law. A building with a roof; a house. 
 
 As much land as might be ploughed' with 
 one plough. The amount was probably de- 
 termined by usage of the locality. Some 
 make it sixty, others eighty, others ninety- 
 six, others one hundred or one hundred and 
 twenty, acres. Co. Litt. 5; 1 Plowd. 167; 
 Shep. Touch. 93; Du Cange. 
 
 As much land as was necessary to sup- 
 port a hide, or mansion house. Co. Litt. 
 69a; Spelman; Du Cange, "Hida"; 1 Introd. 
 to Domesday Book, 145. At present, the 
 quantity is one hundred acres. Anc. Inst. 
 Eng. 
 
 HIDE AND GAIN. In English law. A 
 term anciently applied to arable land. Co. 
 Litt. 85b. 
 
 HIDE LANDS. In old English law. Lands 
 appertaining to a hide, or mansion. See 
 "Hide." 
 
 HI DEL. In old English law. A place of 
 protection; a sanctuary. St. 1 Hen. VII. cc. 
 5, 6; Cowell. 
 
 HIDGILD. A sum of money paid by a 
 villein or servant to save himself from a 
 whipping. Fleta, lib. 1, c. 47, § 20. 
 
 HIGH BAILIFF. An officer attached to an 
 English county court. His duties are to at- 
 tend the court when sitting, to servo sum- 
 monses, and to execute orders, warrants, 
 writs, etc. St. 9 & 10 Vict. c. 95, § 33; Poll. 
 Cir. Ct. Prac. 16. He also has similar duties 
 under the bankruptcy jurisdiction of the 
 county courts. Rapalje & L. 
 
HIGH COMMISSION COURT 
 
 487 
 
 HIGH SEAS 
 
 HIGH COMMISSION COURT. In English 
 law. An ecclesiastical court of very exten- 
 sive jurisdiction, for the vindication of the 
 peace and dignity of the church, by reform- 
 ing, ordering, and correcting the ecclesias- 
 tical state and persons, and all manner of 
 errors, heresies, schisms, abuses, offenses, 
 contempts, and enormities. 
 
 It was erected by St. 1 Eliz. c. 1, and abol- 
 ished by 16 Car. II. c. 11. 
 
 HIGH CONSTABLE. An officer appoint- 
 ed in some cities with powers generally 
 limited to matters of police, and not more 
 extensive, in these respects, than those of 
 constables. See "Constable." 
 
 HIGH CONSTABLE OF ENGLAND, 
 Lord. His office has been disused (except 
 only upon great and solemn occasions, as 
 the coronation, or the like) since the attain- 
 der of Stafford, Duke of Buckingham, in 
 the reign of Henry VII. Rapalje & L. 
 
 The origin and history of the ofHce, du- 
 ties of the incumbent and final disuse may 
 be found in 1 Bl. Comm. 355, 356; Bacon's 
 works iv. 309; Bract, fol. 337; Britt. fol. 
 2; Willcock's Off. Constable, 76, 78, 80; 1 
 Wooddes Lect. 152, 153 and Spelman. See 
 also Constable. 
 
 HIGH COURT OF ADMIRALTY. See 
 
 "Admiralty." 
 
 HIGH COURT OF DELEGATES. In Eng- 
 lish law. A tribunal which formerly exer- 
 cised appellate jurisdiction over cases 
 brought from the ecclesiastical and admiral- 
 ty courts. 
 
 It was a court of great dignity, erected 
 by St. 25 Hen. VIII. c. 19. It was abol- 
 ished, and its jurisdiction transferred to 
 the judicial committee of the privy council. 
 See 2 & 3 Wm. IV.. c. 92; 3 & 4 Wm. IV. c. 
 41; 6 & 7 Vict. c. 38; 3 Sharswood, Bl. 
 Comm. 66. 
 
 HIGH COURT OF ERRORS AND Ap- 
 peals. In American law. An appellate tri- 
 bunal, and the court of last resort, in the 
 state of Mississippi. 
 
 HIGH COURT OF JUSTICE. That 
 branch of the English supreme court of 
 judicature (q. v.) which exercises (1) the 
 original jurisdiction formerly exercised by 
 the court of chancery, the courts of queen's 
 bench, common pleas, and exchequer, the 
 courts of probate, divorce, and admiralty, 
 the court of common pleas at Lancaster, the 
 court of pleas at Durham, and the courts of 
 the judges or commissioners of assize; and 
 (2) the appellate jurisdiction of such of 
 those courts as heard appeals from inferior 
 courts. Judicature Act 1873, § 16; Rapalje 
 & L. 
 
 HIGH COURT OF JUSTICIARY. See 
 "Court of Justiciary." 
 
 HIGH COURT OF PARLIAMENT. In 
 
 English law. The English parliament, as 
 
 composed of the house of peers and house 
 of commons. 
 
 The house of lords sitting in its judicial 
 capacity. 
 
 This term is applied to parliament by 
 most of the law writers. Thus, parliament 
 is said by Blackstone to be the supreme 
 court of the kingdom, not only for the mak- 
 ing, but also for the execution, of the laws. 
 4 Bl. Comm. 259. Lord Coke and Lord Hale 
 also apply the term "court" to the whole 
 parliament. And see Finch, Law, 233; 
 Fleta, lib. 2, c. 2. But, from the fact that 
 in judicial proceedings, generally, the house 
 of commons takes no part, but only in the 
 trial of impeachments, and then only as 
 prosecutor, and from the fact that the 
 house of commons disclaimed possession of 
 judicial powers at the deposition of Rich- 
 ard II., and the twelve judges made a sim- 
 ilar decision in 1 Hen. VII., the propriety 
 of this use of the term has been questioned. 
 Bl. Comm. (Warren, Abr.) 215. The pro- 
 priety of its application would seem to be 
 derived from the claim of parliament to be 
 considered as the successor of the aula 
 regis, which was a judicial as well as a 
 legislative body, and, if the succession is 
 established, would be applicable, although 
 the judicial power may have been granted 
 to the various courts. See "Court." 
 
 The house of lords only acts in a judicial 
 capacity in civil cases and in most criminal 
 cases. See "House of Lords"; "Impeach- 
 ment." 
 
 HIGH CRIMES AND MISDEMEANORS. 
 
 A term used in Const. U. S. art. 2, § 4, and 
 elsewhere, as a ground of impeachment. Its 
 technical sense is parliamentary, and it in- 
 cludes many acts not constituting crimes. 
 Cooley, Const. Lim. 159. 
 
 "High crimes and misdemeanors are such 
 immoral and unlawful acts as are nearly 
 allied and equal in guilt to felony, yet, ow- 
 ing to some technical circumstance, do not 
 fall within the definition of 'felony.' " 1 
 Russ. Crimes, 61. And see 39 La. Ann. 
 186. 
 
 HIGH JUSTICE. In feudal law. The ju- 
 risdiction or right of trying crimes of every 
 kind, even the highest. This was a privilege 
 claimed and exercised by 'the great lords or 
 barons of the middle ages. 1 Robertson, 
 Hist. Charles V., Append, note 23. 
 
 HIGH JUSTICIER. In old French and Ca- 
 nadian law. A feudal lord who exercised 
 the right called "high justice." Guyot, Inst. 
 Feud. c. 26. 
 
 HIGH SEAS. The uninclosed waters of 
 the ocean, and also those waters on the 
 seacoast which are without the boundaries 
 of low-water mark. 1 Gall. ' (U. S.) 624; 
 1 Mason (U. S.) 360; 5 Mason (U. S.) 
 290; 1 Bl. Comm. 110; 2 Hagg. Adm. 398; 
 Dunl. Adm. Prac. 32, 33. 
 
 Waters within the ebb and flow of the 
 sea (Gilp. 524), though in a harbor (Fed. 
 
HIGH STEWARD 
 
 488 
 
 HINDU LAW 
 
 Cas. No. 14,509), but not in a landlocked 
 haven (4 Mason [U. S.] 307; 5 Mason [U. 
 S.] 290; 3 Blatchf. [U. S.] 435). 
 
 The open waters of the great lakes are 
 "high seas" (150 U. S. 249), but the waters 
 of an inland river flowing into the great 
 lakes are not (7 Mich. 161). 
 
 HIGH STEWARD, COURT OF THE 
 
 lord. In English law. A tribunal instituted 
 for the trial of peers indicted for treason or 
 felony, or for misprision of either, but not 
 for any other offense. The office is very 
 ancient, and was formerly hereditary, or 
 held for life, or dum bene se gesserit; but it 
 has been for many centuries granted pro 
 hac vice only, and always to a lord of par- 
 liament. Wharton. 
 
 HIGH TREASON. In English law. The 
 compassing of the king's death; the aiding 
 and comforting of his enemies; the forging 
 or counterfeiting of his coin; or the killing 
 of the chancellor or either of the king's 
 justices. 4 Bl. Comm. 73. See "Treason." 
 
 HIGH-WATER MARK. That part of the 
 shore of the sea to which the waves ordi- 
 narily reach when the tide is at its highest. 
 6 Mass. 435; 1 Pick. (Mass.) 180; 1 Halst. 
 (N. J.) 1; 1 Russ. Crimes, 107; 2 East, P. 
 C. 803. See "Seashore"; "Tide." 
 
 Of Tidal Waters. The ordinary high- 
 water point. 60 Pa. St. 339. The point 
 ;reached by the medium high tide between 
 the spring and neap tides. 44 N. J. Eq. 398. 
 
 Of Nontidal Waters. The highest 
 
 point reached by the waters in the normal 
 state, unaffected by freshets. 88 Me. 155. 
 And see 56 Minn. 513. 
 
 HIGHER AND LOWER SCALE. In the 
 
 practice of the English supreme court of 
 judicature, there are two scales regulating 
 the fees of the court and the fees which 
 solicitors are entitled to charge. The lower 
 scale applies (unless the court otherwise or- 
 ders) to the following cases: All causes 
 and matters assigned by the judicature acts 
 to the queen's bench, or the probate, divorce, 
 and admiralty divisions; all actions of debt, 
 contract, or tort; and in almost all causes 
 and matters assigned by the acts to the 
 chancery division in which the amount in 
 litigation is under £1,000. The higher 
 scale applies in all other causes and mat- 
 ters, and also in actions falling under one 
 of the above classes, but in which the prin- 
 cipal relief sought to be obtained is an in- 
 junction. 5 Q. B. Div. 167, 431; 6 Q. B. Div. 
 190; Daniell, Ch. Prac. 1320. 
 
 HIGHNESS. A title of honor given to 
 princes. The kings of England, before the 
 time of James I., were not usually saluted 
 with the title of "Majesty," but with that 
 of "Highness." The children of crowned 
 heads generally receive the style of "High- 
 ness." Wharton. 
 
 HIGHWAY. A passage, road, or street 
 which every citizen has a right to use. 1 
 
 Bouv. Inst, note 442; 3 Kent, Comm. 432; 
 3 Yeates (Pa.) 421; Angell & D. Highways, 
 § 2; 16 Mass. 33. 
 
 In a more abstract sense, a public ease- 
 ment or right of way. 
 
 The term "highway" is the generic name 
 for all kinds of public ways, whether they 
 be carriage ways, bridle ways, foot ways, 
 bridges, turnpike roads, railroads, canals, 
 ferries or navigable rivers. 6 Mod. 255; 
 Angell & D. Highways, c. 1; 3 Kent, Conun. 
 432. 
 
 HIGHWAY ROBBERY. Robbery commit- 
 ted on a public highway was, under St. 23 
 Hen. VIII. c. 1, more severely punished than 
 robbery committed elsewhere. This distinc- 
 tion was abolished by St. 8 & 4 Wm. & 
 Mary, c. 9. 
 
 HIGHWAYMAN. A robber on the high- 
 way. 
 
 HIGLER. In English law. A person who 
 carries from door to door, and sells by re- 
 tail, small articles of provisions, and the 
 like. 
 
 HIGUELA. In Spanish law. The written 
 acknowledgment given by each of the heirs 
 of a deceased person, showing the effects he 
 has received from the succession. 
 
 HIKENILD STREET. A name some- 
 times given to Ikenild street (g. v.). 
 
 HILARY TERM. In English law. A term 
 of court, beginning on the 11th and ending 
 on the 31st day of January in each year. 
 
 HINDER AND DELAY. To hinder and de- 
 lay is to do something which is an attempt 
 to defraud, rather than a successful fraud; 
 to put some obstacle in the path, or inter- 
 pose some time, unjustifiably, before the 
 creditor can realize what is owed out of 
 his debtor's property. 10 Jones & S. (N. 
 Y.) 63. 
 
 HINDU LAW. The system of native law 
 prevailing among the Gentoos, and admin- 
 istered by the government of British In- 
 dia. 
 
 In all the arrangements for the adminis- 
 tration of justice in India, made by the 
 British government and the East India 
 Company, the principle of reserying to the 
 native inhabitants the continuance of their 
 own laws and usages within certain limits 
 has been uniformly recognized. The laws of 
 the Hindus and Mohammedans have thus 
 been brought into notice in' England, and 
 are occasionally referred to by writers on 
 English and American law. The native 
 works upon these subjects are very numer- 
 ous. The chief English republications of 
 the Hindu law are, Colebrooke's Digest of 
 Hindu Law, London, 1801; Sir Wm. Jones 
 Institutes of Hindu Law, London, 1797. For 
 a fuller account of the Hindu law, and of 
 the original Digests and Commentaries, see 
 Morley's Law of India, London, 1858, and 
 
HINEFARE 
 
 489 
 
 HOLDING 
 
 Macnaghten's Principles of Hindu and Mo- 
 hammedan Law, London, 1860. The prin- 
 cipal English republications of the Mo- 
 hammedan law are Hamilton's Hedaya, 
 London, 1791; Baillie's Digest, Calcutta, 
 1805; Precis de Jurisprudence Mussulmane 
 Selon le Rite Malikite, Paris, 1848; and the 
 treatises on succession and inheritance 
 translated by Sir William Jones. An 
 approved outline of both systems is Mac- 
 naghten's Principles of Hindu and Mo- 
 hammedan Law; also contained in the 
 "Principles and Precedents" of the same law 
 previously published by the same author. 
 
 HINEFARE. The departure of a husband- 
 ry servant {hine) from his master. 
 
 HIPOTECA. In Spanish law. A mortgage 
 of real property. Johnson, Civ. Law Spain, 
 156 [149] ; White, New Recop. bk. 2, tit. 7. 
 
 HIRE. A bailment In which compensa- 
 tion is to be given for the use of a thing, or 
 for labor and services about it. 2 Kent, 
 Comm. 456; Story, Bailm. § 359. The di- 
 visions of this species of contract are de- 
 noted by Latin names. 
 
 Locatio opens faciendi is the hire of labor 
 and work to be done, or care and attention 
 to be bestowed, on the goods let by the hirer, 
 for a compensation. ' 
 
 Locatio operis mereium vehendarum is the 
 hire of the carriage of goods from one place 
 to another, for a compensation. Jones, 
 Bailm. 85, 86, 90, 103, 118; 2 Kent, Comm. 
 456; Civ. Code La. art. 1709-1711. 
 
 Locatio rei or locatio conductio rei is the 
 bailment of a thing to be used by the hirer 
 for a compensation to be paid by him. 
 
 This contract arises from the principles 
 of natural law. It is voluntary, and 
 founded in consent; it involves mutual and 
 reciprocal obligations; and it is for mutual 
 benefit. In some respects it bears a strong 
 resemblance to the contract of sale; the 
 principal difference between them bemg that 
 in cases of sale the owner parts with the 
 whole proprietary interest in the thing, and 
 in cases of hire the owner parts with it only 
 for a temporary use and purpose. In a sale, 
 the thing itself is the object of the con- 
 tract; in hiring, the use of the thing is its 
 object. Vinnius. lib. 3, tit. 25, in pr.; Poth. 
 de Contr. du Louage, notes 2-4; Jones, 
 Bailm. 86; Story, Bailm. § 371; 2 Kent, 
 Comm. 456. 
 
 HIRER. He who hires. See "Bailment." 
 
 HLAFORD (Saxon). A lord. Hlaford- 
 socna, a lord's protection. Hlafordswice, 
 the crime of betraying one's lord. 
 
 HLAFORDSWICE (Saxon, hUford, lord, 
 literally bread given, and wice). In old Eng- 
 lish law. Betraying one's lord; treason. 
 Crabb, Hist, Eng. Law, 59, 301. 
 
 HLOTHBOTE (Saxon, Moth, company, 
 and bote, compensation) . In old English law. 
 
 Pine for presence at an illegal assembly. 
 Du Cange. 
 
 HLOTHE. An unlawful assembly of from 
 eight to thirty-five persons. Cowell. See 
 "Herge." 
 
 HOC (Lat.) This. 
 
 HOC PARATUS EST VERIFICARE. See 
 "Et hoc, etc." 
 
 HOC SERVABITUR QUOD INITIO CON- 
 venlt. This shall be preserved which is use- 
 ful in the beginning. Dig. 50. 17. 23; Brac- 
 ton, 73b. 
 
 HOCCUS SALTIS. A hoke, hole, or lesser 
 pit of salt. Cowell. 
 
 HOCK-TUESDAY MONEY. This was a 
 duty given to the landlord that his tenants 
 and bondmen might solemnize the day on 
 which the English conquered the Danes, be- 
 ing the second Tuesday after Easter week. 
 Cowell. 
 
 HODGE-PODGE ACT. A name given to a 
 legislative act which embraces many sub- 
 jects. Such acts, besides being evident 
 proofs of the ignorance of the makers of 
 them, or of their want of good faith, are 
 calculated to create a confusion which is 
 highly prejudicial to the interests of jus- 
 tice. Instances of this wretched legislation 
 are everywhere to be found. See Barr. Obs. 
 St. 449. 
 
 HOG HOWARDS. Township officers at 
 one time elected in New York, whose duty 
 was to catch hogs running at large, and put 
 rings in their noses. 17 Wend. (N. Y.) 
 522. 
 
 HOGHENHYNE (from Saxon hogh, 
 house, and hine, servant). A domestic ser- 
 vant. Among the Saxons, a stranger guest 
 was, the first night of his stay, called un-~ 
 cuth, or unknown; the second, gust, guest; 
 the third, hoghenhyne; and the entertainer 
 was responsible for his acts as for those of 
 his own servant. Bracton, 124b; Du Cange, 
 "Agenhine"; Spelman, "Homehine." 
 
 HOGSHEAD. A liquid measure, contain- 
 ing half a pipe; the fourth part of a tun, 
 or sixty-three gallons. 
 
 HOLD PLEAS. To hear or try causes. 3 
 Sharswood, Bl. Comm. 35, 298. 
 
 HOLDER. The holder of a bill of ex- 
 change is the person who is legally in the 
 possession of it, either by indorsement or 
 delivery, or both, and entitled to receive 
 payment either from the drawee or acceptor, 
 and is considered as an assignee. 4 Dall. 
 (Pa.) 53. 
 
 HOLDING. 
 
 In English Law. A piece of land held 
 
 under a lease or similar tenancy for agri- 
 cultural, pastoral, or similar purposes. 
 
HOLDING THE MARKET 
 
 490 
 
 HOMAGE ANCESTRAL 
 
 — A n Scotch Law. The tenure or nature 
 of the right given by the superior to the 
 vassal. Bell, Diet. 
 
 HOLDING THE MARKET. See "Gam- 
 bling Contract." 
 
 HOLIDAY. A day of cessation from la- 
 bor; a day when public business is suspend- 
 ed; a nonjudicial day. 
 
 Primarily the term meant a "holy day," 
 or religious festival. In modern usage it 
 indicates a secular day on which, by stat^- 
 ute, public business is suspended. It does 
 not appropriately include Sunday. 51 N. J. 
 Law, 255. 
 
 HOLOGRAFO. In Spanish law. Olo- 
 graphi; a term applicable to the paper, 
 document, disposition, and more particularly 
 to the last will of a person, which, in order 
 to be valid, must be wholly written, signed, 
 and dated by the testator. "Holographuin, 
 apud testum, appellatur testamentum, quod 
 totum manu tesiatoris scriptum est et sub- 
 signatum." 
 
 HOLOGRAPH. What is written with 
 one's own hand. See "Olograph." 
 
 HOLY ALLIANCE. A league entered 
 into by Alexander I., the Czar of Russia, 
 Francis I., emperor of Austria, and Wil- 
 liam III., King of Prussia. 
 
 The alliance was entered into at Paris, 
 26 Sept. 1815, twenty days before Napoleon 
 landed at St. Helena. All creeds were to be 
 united, Greek, Roman Catholic and Protes- 
 ant, and all other powers were invited to 
 join, except the Sultan, who was excluded 
 because he was not Christian enough, and 
 the pope, who was so conspicuously Chris- 
 tian that if admitted he would have to take 
 the first place. Those included in it were 
 subsequently joined by all the sovereigns 
 of Europe, except the King of England. 
 
 The professed objects of the alliance 
 were the union of Christian nations in a 
 Christian brotherhood, and the application 
 of Christian principles to the dealings of 
 sovereign with sovereign and the rela- 
 tions of sovereign to subject. 
 
 These were no doubt to some extent the 
 real objects, for motives are seldom wholly 
 covert, even in the mind of a king. 
 
 But other objects there undoubtedly were 
 in the background of consciousness which 
 moved the contracting parties far more 
 powerfully. These were, it cannot be 
 doubted, the strengthening of defenses 
 against the dreaded shape then just ban- 
 ished from the world they hoped to dom- 
 inate, against him and his, a special clause 
 barring the way to any European throne 
 against any of the Bonaparte family in 
 the erecting of barriers against the notions 
 in regard to the rights of man and the 
 sphere of government which since the first 
 French revolution had been gradually mak- 
 ing their way throughout Europe; the 
 Btrengthening thus of their several dynas- 
 
 ties against whatever might come against 
 them. 
 
 The change that was then coming over 
 the world had however gone too far. The 
 alliance really fell before the new forces 
 which it was created to control, enforced no 
 doubt by the obvious fact that the conduct 
 of princes was no more Christian than it 
 was before, thoiigh to the casual eye, the 
 causes of its dissolution were the French 
 revolution of 1830, the European upheaval 
 of 1848, and the re-establishment of the 
 Napoleonic dynasty in 1850. 
 
 HOLY ORDERS. In ecclesiastical law. 
 The orders or dignities of the church. Those 
 within holy orders are archbishops, bishops, 
 priests and deacons. The form of ordina- 
 tion must be according to the form in the 
 book of Common Prayer. Besides these or- 
 ders, the church of Rome had five others, 
 viz., subdeacons, acolyths, exorcists, read- 
 ers, and ostiaries. 2 Bum, Ecc. Law, 39, 40. 
 
 HOMAGE (anciently hominium, from 
 homo). A mere acknowledgment of tenure 
 made by a tenant by knight service upon in- 
 vestiture, in the following form: 
 
 The tenant in fee or fee tail that holds 
 by homage shall kneel upon both his knees, 
 ungirded, and the lord shall sit and hold 
 both the hands of his tenant between his 
 hands, and the tenant shall say, "I become 
 your man (homo) from this day forward 
 of life and member, of earthly honor, and 
 to you shall be faithful and true, and shall 
 bear to you faith for the lands that I claim 
 to hold of you, saving that faith that I owe 
 to our lord the king"; and then the lord 
 so sitting shall kiss him. The kiss is in- 
 dispensable, except sometimes in the case 
 of a woman. Du Cange. After this the oath 
 of fealty is taken; but this may be taken 
 by the steward, homage only by the lord. 
 Termes de la Ley. This species of homage 
 was called homagium planum or simplex (1 
 Sharswood, Bl. Comm. 367), to distinguish 
 it 'from homagium ligium, or liege homage, 
 which included fealty and the services in- 
 cident. Du Cange; Spelman. 
 
 Liege homage was that homage in which 
 allegiance was sworn without any reserva- 
 tion, and was therefore due only to the sov- 
 ereign; and, as it came in time to be ex- 
 acted without any actual holding from him, 
 it sunk into the oath of allegiance. Termes 
 de la Ley. 
 
 The obligation of homage is mutual, bind- 
 ing the lord to protection of the vassal, as 
 well as the vassal to fidelity. Fleta, lib. 3, 
 c. 16. 
 
 HOMAGE ANCESTRAL. Homage was so 
 called where time out of mind a man and 
 his ancestors had held by homage; and in 
 this case the lord who had received the 
 homage was bound to acquit the tenant of 
 all services to superior lords, and, if 
 vouched, to warrant his title. If the ten- 
 ant by homage ancestral aliened in fee, his 
 alienee held by homage, but not by horn- 
 
HOMAGE JURY 
 
 491 
 
 HOMINE REPLEGIANDO 
 
 age ancestral. Termes de la Ley; 2 Shars- ing out writs in the king's court, whether 
 wood, BI. Comm. 300. he be right or wrong. 2 Inst. 228. 
 
 HOMAGE JURY. The Jury of a lord's 
 court, or court baron. So called because gen- 
 erally composed of those who owed homage 
 to the lord, or the pares curiae. Kitch. Cts.; 
 2 Sharswood, Bl. Comm. 54, 366. 
 
 HOMAG'ER. One that is bound to do 
 homage to another. Jacob. 
 
 HOMAGIUM. Homage, (g. v.) 
 
 HOMAGIUM LIGIUM. Liege homage; 
 that kind of homafee which was due to the 
 sovereign alone as supreme lord, and which 
 was done without any saving or exception 
 of the rights of other lords. Spelman. So 
 called from ligando (binding) because it 
 could not be renounced like other kinds of 
 homage. 
 
 HOMAGIUM, NON PER PROCURA- 
 tores nee per literas fieri potuit, sed in pro- 
 pria persona tam domini quam tenentis 
 capi debet et fieri. Homage cannot be done 
 by proxy, nor by letters, but must be paid 
 and received in the proper person, as well 
 of the lord as the tenant. Co. Litt. 68. 
 
 HOMAGIUM PLANUM. In feudal law. 
 Plain homage; a species of homage which 
 bound him who did it to nothing more than 
 fidelity, without any obligation either of 
 military service or attendance in the courts 
 of his superior. 1 Robertson, Hist. Charles 
 v.. Append, note 8. 
 
 HOMAGIUM REDDERE. To renounce 
 homage; to give it up or dissolve it. Brac- 
 ton, fol. 81b. 
 
 HOMAGIUM SIMPLEX. In feudal law. 
 Simple homage; that kind of homage which 
 was merely an acknowledgment of tenure, 
 with a saving of the rights of other lords. 
 Harg. Co. Litt. note 18, lib. 2. 
 
 HOMBREBUENO. In Spanish law. The 
 ordinary judge of a district. 
 
 Hence, when the law declares that a con- 
 tract, or some other act, is to be conform- 
 able to the will of the homhre bueno, it 
 means that it is to be decided by the or- 
 dinary judge. Las Partidas, 7. 34. 31. 
 
 In matters of conciliation, it applies to 
 the two persons, one chosen by each party, 
 to assist the constitutional alcalde in form- 
 ing his judgment of reconciliation. Article 
 1, c. 3, Decree of October 9, 1812. 
 
 Arbitrators chosen by litigants to deter- 
 mine their differences. < 
 
 Persons competent to give testimony in a 
 cause. 
 
 HOME. A place of abode from which one 
 has no present intention of removing. 43 
 Me. 418; 124 Mass. 147. 
 
 HOME NE SERA PUNY PUR SUER DES 
 briefes en court le roy, soit II a droit ou a 
 tort. A man shall not be punished for su- 
 
 HOME OFFICE. The department of state 
 through which the English sovereign admin- 
 isters most of the internal affairs of the 
 kingdom, especially the police, and com- 
 municates with the judicial functionaries. 
 
 HOME PORT. The port where the owner 
 of a ship resides. 
 
 HOMESOKEN, or HOMSOKEN. See 
 "Hamesucken." 
 
 HOMESTALL. The mansion house. 
 
 HOMESTEAD. The house and land con- 
 stituting a family residence. 6 N. D. 482. 
 
 " 'Stethe or sted,' says Lord Coke, 'be- 
 tokeneth properly a bank of a river, and 
 many times a place.' Co. Litt. 4, 6. The 
 homestead, according to that definition, 
 means the home place, the place where the 
 house is, and such is its legal acceptation 
 at the present day. It is the home, the 
 house, and the adjoining land, where the 
 head of the family dwells; the home farm." 
 36 N. H. 158. 
 
 The principal importance of the term is 
 in respect to the exemption of the home- 
 stead from execution, and the nature and 
 extent of such exemption is regulated in 
 each state by the statutes allowing the same. 
 
 As a general rule, to constitute a home- 
 stead within the exemption laws the prop- 
 erty must be actually occupied. (11 Allen 
 [Mass.] 37; 51 Mich. 541; 23 Minn. 435) as 
 a residence (27 111. 393) by the head of a 
 family (10 Allen [Mass.] 425; 159 111. 148) 
 who has a present possessory interest in the 
 property (170 111. 115; 74 Iowa, 683), with 
 the intention of making such property a 
 homestead (6 Cal. 234; 53 Vt. 554). 
 
 HOMICIDE. Homicide is any killing of a 
 human being. To constitute homicide, (1) 
 the killing must be of a living human be- 
 ing; (2) the death must have been caused 
 by the act or omission of the accused; (3) 
 death must happen within a year and a day 
 after the injury. 
 
 Homicide is either (1) justifiable; (2) ex- 
 cusable; or (3) felonious. Felonious homi- 
 cide is either murder or manslaughter. 1 
 Clark & Marshall, Crimes, 466. See "Mur- 
 der"; "Manslaughter." 
 
 HOMICIDIUM (Lat.) Homicide. 
 
 HOMINE CAPTO IN WITHERNAM. See 
 "De Homine Capto in Withernam." 
 
 HOMINE ELIGENDO (Lat.) In English 
 law. A writ directed to a corporation, re- 
 quiring the members to make choice of a 
 new man, to keep the one part of a seal 
 appointed for statutes merchant. Tech. 
 Diet 
 
 HOMINE REPLEGIANDO. See "De Hom- 
 ine Replegiando." 
 
HOMINES 
 
 492 
 
 HOMONYMIAE 
 
 HOMINES (Lat.) In feudal law, Men; 
 feudatory tenants who claimed a privilege of 
 having their causes, etc., tried only in their 
 lord's court. Par. Ant. 15. 
 
 HOMINES LIGII. In feudal law.' Liege 
 men; feudal tenants or vassals, especially 
 those who held immediately of the sover- 
 eign. 1 Bl. Comm. 367. 
 
 HOMINUM CAUSA JUS CONSTITUTUM 
 est. Law is established for the benefit of 
 man. 
 
 HOM I PLAGIUM. In old English law. The 
 maiming of a man. Blount. 
 
 HOMMES DE FIEF (Fr.) In feudal law. 
 Men of the fief; feudal tenants; the peers in 
 the lords' courts. Montesq. Esp. des Lois, 
 liv. 28, c. 27. 
 
 HOMMES FEODAUX (Pr.) In feudal law. 
 Feudal tenants; the same with hommes de 
 fief (q. v.). Montesq. Esp. des Lois, liv. 
 28, c. 36. 
 
 HOMO (Lat.) A human being, whether 
 male or female. 2 Inst. 45. 
 
 In Feudal Law. A vassal; one who, 
 
 having received a feud, is bound to do hom- 
 age and military service for his land. Va- 
 riously called vassalus, vassus, miles, cliens 
 feudalis, tenens per servitium militare, some- 
 times baro, and most frequently leudes. 
 Spelman. Homo is sometim.es also used for 
 a tenant by socage, and sometimes for any 
 dependent. A homo claimed the privilege of 
 having his cause and person tried only in 
 the court of his lord. Kennett, Par. Ant. p. 
 152. 
 
 HOMO CHARTULARIUS. One manumit- 
 ted from slavery by charter, 
 
 HOMO COMMENDATUS. In feudal law. 
 One who surrendered himself into the power 
 of another for the sake of protection or sup- 
 port. L. Ripuar, tit. 72, § 5. 
 
 HOMO ECCLESIASTICUS. A church vas- 
 sal; one who was bound to serve a church, 
 especially to do service of an agricultural 
 character. Spelman. 
 
 HOMO EXERCITALIS. A man of the 
 army (exercitus) ; a soldier. 
 
 HOMO FEODALIS. A vassal or tenant; 
 one who held a fee (feodum), or part of a 
 fee. Spelman. 
 
 HOMO FISCALIS (or FISCALINUS). A 
 servant or vassal belonging to the treasury 
 or fiscus. 
 
 HOMO FRANCU8, HOMO INQENUUS, 
 or homo liber. In old English law. A free 
 man. 
 
 HOMO LIGIUS. A liege man; a subject; 
 a king's vassal; the vassal of a subject. 
 Spelman. 
 
 HOMO NOVUS. In feudal law. A new 
 tenant or vassal ; one who was invested with 
 a new fee. Spelman. 
 
 HOMO PERTINENS. In feudal law. A 
 feudal bondman or vassal ; one who belonged 
 to the soil (qui glebae adscribitur) . 
 
 HOMO POTEST ESSE HABILIS ET IN- 
 habllis diversis temporibus. A man may be 
 capable and incapable at divers times. 5 
 Coke, 98. 
 
 HOMO REGIUS. A king's vassal. L. 
 Ripuar, tit. 11, §3. 
 
 HOMO ROMANUS. A Roman. An appel- 
 lation given to the old inhabitants of Gaul 
 and other Roman provinces, and retained in 
 the laws of the barbarous nations. L. Sails, 
 tit. 34, § 3; Spelman. 
 
 HOMO TRIUM LITTERARUM. A man of 
 three letters; i. e., '%" "u," "r,"— a thief. 
 Wharton. 
 
 HOMO VOCABULUM EST NATURAE; 
 persona juris civilis. "Man" (homo) is a 
 term of nature; "person" (persona) of the 
 civil law. Calv. Lex. 
 
 HOMOLOGACION. In Spanish law. The 
 tacit consent and approval, inferred by law 
 from the omission of the parties, for the 
 space of ten days, to complain of the sen- 
 tences of arbitrators, appointment of syn- 
 dics, or assignees, of insolvents, settlements 
 of successions, etc. Also, the approval given 
 by the judge of certain acts and agreements 
 for the purpose of rendering them more 
 binding and executory. Escriche, Die. Raz. 
 
 HOMOLOGARE. In civil law. To con- 
 firm or approve; to consent or assent; to 
 confess. Calv. Lex. Sometimes corruptly 
 written "emologare." 
 
 HOMOLOGATE. In modern civil law. To 
 approve; to confirm; as, a court homolo- 
 gates a proceeding. See "Homologation." 
 Literally, to use the same words with an- 
 other; to say the like. 9 Mart. (La.) 324. 
 To assent to what another says or writes. 
 
 HOMOLOGATION. 
 
 In Civil Law. Approbation; confirma- 
 tion by a court of justice; a judgment which 
 orders the execution of some act ; as, the ap- 
 probation of an award, and ordering execu- 
 tion on the same. Merlin, Repert.; Civ. 
 Code La.; Dig. 4. 8; 7 TouUier, Dr. Civ. note 
 224. To homologate is to say the like, aimUi- 
 ter dicer e. 9 Mart. (La.) 324. 
 
 In Scotch Law. An act by which a 
 
 person approves a deed, so as to make it 
 binding on him, though in itself defective. 
 Ersk. Inst. 8. 3. 47 et seq.; 2 Bligh, 197; 
 1 Bell, Comm. 144. 
 
 HOMONYMIAE (Graeco-Lat.) A term ap- 
 plied in the civil law to cases where a law 
 was repeated, or laid down in the same 
 terms, or to the same effect, more than once. 
 
HONESTE VIVERE 
 
 493 
 
 HORS DE SON FEE 
 
 Cases of iteration and repetition. Bac. 
 Works, IV. 371. See 2 Kent, Comm. 489., 
 note. 
 
 HONESTE VIVERE (Lat.) To live hon- 
 orably, creditably, or virtuously. One of the 
 three general precepts to which Justinian 
 reduced the whole doctrine of the law (Inst. 
 1. 1. 3; Bracton, fols. 3, 3b), the others be- 
 ing alterum non laedere, not to injure oth- 
 ers, and suum cuique tribuere, to render to 
 every man his due. 
 
 This phrase is rendered by Blackstone, as 
 well as Harris & Cooper, in their transla- 
 tions of the Institutes, "to live honestly," 
 but this is not the proper meaning of hon- 
 este. Burrill. 
 
 HONOR. 
 
 In English Law. The seigniory of a 
 
 lord paramount. 2 Bl. Comm. 91. 
 
 In Common Law. To accept a bill of 
 
 exchange ; to pay a bill accepted, or a prom- 
 issory note, on the day it becomes due. 7 
 Taunt. 164; 1 Term R. 172. 
 
 HONOR COURTS. Tribunals held within 
 honors. Cowell. 
 
 HONORABLE. A title of courtesy given 
 in England to the younger children of earls, 
 and the children of viscounts and barons, 
 and, collectively, to the house of commons. 
 In America, the word is used as a title of 
 courtesy for judges, members of congress, 
 and other high officials, but without any dis- 
 tinct rule for its application. 
 
 HONORARIUM. Something given in 
 gratitude for services rendered. 
 
 It is so far of the nature of a gift that it 
 cannot be sued for. 5 Serg. & R. (Pa.) 
 412; 1 Chit. Bailm. 38; 2 Atk. 332; 3 Bl. 
 Comm. 28. Of this character were formerly 
 in England, though never in the United 
 States, the fees of counsellors at law and 
 of physicians. See 3 Sharswood, Bl. Comm. 
 28. 
 
 HONORARY. Without fee, profit, or re- 
 ward, either to or by the holder of the hon- 
 orary position. 81 N. Y. 255. 
 
 HONORARY FEUDS. Titles of nobility, 
 descendible to the eldest son, in exclusion 
 of all the rest 
 
 HONORARY SERVICES. Services by 
 which lands in grand serjeantry were held; 
 such as to hold king's banner, or to hold 
 his head in the ship which carried him from 
 Dover to Whitsand, etc. 2 Sharswood, Bl. 
 Comm. 73, and note. 
 
 HONORARY TRUSTEES. Trustees to 
 preserve contingent remainders. So called 
 because they are bound, in honor only, to 
 decide on the most proper and prudential 
 course. Lewin, Trusts, 408. 
 
 HONTFONGENTHEF (Saxon). A thief 
 taken with the stolen thing in his hand. 
 See "Handhabend." 
 
 HORA AURORAE. In old English law. 
 The morning bell. Cowell. 
 
 HORA NON EST MULTUM DE SUB- 
 stantla negotll, licet In appello de ea allquan- 
 do flat mentlo. The hour is not of much con- 
 sequence as to the substance of business, 
 although in appeal it is sometimes men- 
 tioned. 1 Bulst. 82. 
 
 HORAE JUDICIAE (Lat.) Hours judicial, 
 or those in which judges sit in court. In 
 Portesque's time, these were from 8 to 11 
 a. m., and the courts of law were not open 
 in the afternoon. Co. Litt. 135a; 2 Inst. 
 246; Fortesque, 51, p. 120, note. 
 
 HORCA. In Spanish law. A gallows; the 
 punishment of hanging. White, New Recop. 
 bk. 2, tit. 19, c, 4, § 1. 
 
 HORE. (Law Fr.) Now; hour; the pres- 
 ent time. Kelham. 
 
 HORN. In old Scotch practice. A kind 
 of trumpet used in denouncing contuma- 
 cious persons, rebels, and outlaws, which 
 was done with three blasts of the horn by 
 the king's sergeant. This was called "put- 
 ting to the horn," and the party so de- 
 nounced was said to be "at the horn." Bell, 
 Diet.; Skene de Verb. Sign.; 1 Pitc. Crim. 
 Tr. pt. 2, pp. 77, 80. 
 
 HORN TENURE. Tenure by winding a 
 horn on approach of enemy, called "tenure 
 by cornage." If lands were held by this 
 tenure of the king, it was grand serjeantry; 
 if of a private person, knight service. Many 
 anciently so held their lands towards the 
 Picts' Wall. Co. Litt. § 156; Camden, 
 Brit. 609. 
 
 HORN WITH HORN. A phrase used to 
 describe the commoning together of homed 
 beasts of different species. 
 
 HORNGELD. (Sax.) In old E^nglish law. 
 A tax within a forest, paid for horned 
 beasts. Cowell; Blount. 
 
 HORNING. In Scotch law. A process is- 
 suing on a decree of court of sessions, or of 
 an inferior court, by which the debtor is 
 charged to perform, in terms of his obliga- 
 tion, or on failure made liable to caption, 
 that is, imprisonment. Bell, Diet. "Horn- 
 ing, Letters of"; "Diligence." The name 
 comes from the ancient custom of proclaim- 
 ing letters of horning not obeyed, and de- 
 claring the recusant a rebel, with three 
 blasts of a horn, called "putting him to the 
 horn." 1 Ross, Lect. 258, 308. 
 
 HORS (Law Fr.) Out; out of; without. 
 Hors son sen, out of his mind. Britt. c. 
 85. 
 
 HORS DE SON FEE (Fr. out of his fee). 
 In old English law. A plea to an action 
 brought by one who claimed to be lord for 
 rent services as issuing out of his land, by 
 which the defendant asserted that the land 
 
HORS PRIS 
 
 494 
 
 HOUSE BOTE 
 
 in question was out of the fee of the de- 
 mandant. 9 Coke, 30; 2 Mod. 104. 
 
 HORS PRIS (Law Fr.) Except. 
 
 HORSE. Until a horse has attained the 
 age of four years, he is called a "colt.'' 1 
 Russ. & R. 416. This word is sometimes 
 used as a generic name for all animals of 
 the horse kind. 3 Brev. (N. C.) 9. See 
 Yelv. 67a. 
 
 HOSPES. (Lat.) In civil and old Eng- 
 lish law. A guest. 8 Co. 32, Calye's case. 
 
 A host or entertainer. Calv. Lex. More 
 commonly hoepitator. 
 
 HOSPITATOR (Lat.) A host or enter- 
 tainer. 
 
 Hospitator communis, an innkeeper. 8 
 Coke, 32. 
 
 Hospitator magnus, the marshal of a 
 camp. 
 
 HOSPITIA. Inns. Hospitia communia, 
 common inns. Reg. Orig. 105. Hospitia 
 curiae, inns of court. Hospitia cancella- 
 riae, inns of chancery. Crabb, Hist. Eng. 
 Law, 428, 429; 4 Reeve, Hist. Eng. Law, 120. 
 
 HOSTAGE. A person delivered into the 
 possession of a public enemy in the time of 
 war, as a security for the performance of a 
 contract entered into between the bellig- 
 erents. 
 
 Hostages are frequently given as a secur- 
 ity for the payment of a ransom bill, and if 
 they should die, their death would not dis- 
 charge the contract. 3 Burrows, 1734; 1 
 Kent, Comm. 106; Dane, Abr. Index. 
 
 HOSTELLAGIUM. In English law. A 
 right reserved to the lords to be lodged and 
 entertained in the houses of their tenants. 
 
 HOSTES. Enemies. 
 
 "Enemies are those who declare war 
 against us, or against whom we declare 
 Var publicly; all others are pirates or 
 robbers." Dig. 50. 16. 118. See "Enemy." 
 
 HOSTES SUNT QUI NOBIS VEL QUI- 
 bus nos bellum decernlmus; caeterl tradi- 
 tores vel praedones sunt. Enemies are 
 those upon whom we declare war, or who 
 declare it against us; all others are trai- 
 tors or pirates. 7 Coke, 24; Dig. 50. 16. 
 118; 1 Sharswood, Bl. Comm. 257. 
 
 HOSTICIDE. One who kills an enemy. 
 
 HOSTILE. Having the character of an 
 enemy; standing in the relation of an enemy. 
 See 1 Kent, Comm. c. 4. 
 
 HOSTILE EMBARGO. See "Embargo." 
 
 HOSTILE WITNESS. A witness who 
 manifests so much hostility or prejudice un- 
 der examination in chief that the party who 
 has called him, or his representative, is al- 
 lowed to cross-examine him, L e., to treat 
 him as though he had been called by the op- 
 posite party. Rapalje & L. 
 
 HOSTILITY. A state of open enmity; 
 open war. Wolff. Dr. Nat. § 1191, 
 
 Permanent hostility exists when the indi- 
 vidual is a citizen or subject of the govern- 
 ment at war. 
 
 Temporary hostility exists when the indi- 
 vidual happens to be domiciliated or resi- 
 dent in the country of one of the belliger- 
 ents. In this latter case, the individual may 
 throw off the national character he has thus 
 acquired by residence, when he puts him- 
 self in motion, bona fide, to quit the coun- 
 try sine animo revertendi. 3 C. Rob. Adm. 
 12; 3 Wheat. (U. S.) 14. See "Enemy"; 
 "Domicile." 
 
 HOTCHPOT, HODGE-PODGE, or 
 
 Hotchpotch. The blending and mixing 
 property belonging to different persons, in 
 order to divide it equally. 2 Bl. Comm. 
 190. 
 
 The bringing together all the personal 
 estate of the deceased, with the advance- 
 ments he has made to his children, in order 
 that the same may be divided agreeably 
 to the provisions of the statute for the dis- 
 tribution of intestates' estates. 
 
 In bringing an advancement into hotch- 
 pot, the donee is not required to account for 
 the profits of the thing given. For example, 
 he is not required to bring into hotchpot 
 the produce of negroes, nor the interest of 
 money. The property must be accounted for 
 at its value when given. 1 Wash. (Va.) 
 224; 17 Mass. 358; 3 Pick. (Mass.) 450; 2 
 Desaus. (S. C.) 127; 3 Rand. (Va.) 117, 
 559. See "Advancement." 
 
 HOTEL. A public house for the enter' 
 tainment of travelers and casual guests. 44 
 N. J. Law, 492. 
 
 The term is synonymous with "inn" or 
 "tavern." 2 Daly (N. Y.) 17; 84 Ala. 
 452; 54 Barb. (N. Y.) 31L 
 
 HOT.WATER ORDEAL. See "Ordeal." 
 
 HOUR. (Lat. Aora). The twenty-fourth 
 part of a day, consisting of sixty minutes. 
 
 HOUR OF CAUSE. In Scotch practice. 
 The hour when a court is met. 3 How. St. 
 Tr. 603. 
 
 HOUSE. "In a general sense, a building 
 or shed intended or used as a shelter or 
 habitation for animals of any kind; but 
 appropriately a building or edifice for the 
 habitation of man; a dwelling place." Web- 
 ster, quoted in 11 Abb. Pr. (N. Y.) 292. 
 
 Several buildings, so constructed that they 
 may be used as an entirety, may constitute 
 a "house." 9 Ch. Div. 425. 
 
 "House" has been variously held to mean 
 "dwelling house", (11 Abb. Pr. [N. Y.] 292), 
 or to include buildings used for other pur- 
 poses (37 Tex. 412; 9 Ch. Div. 425), ac- 
 cording to the context. 
 
 HOUSE BOTE. An allowance of neces- 
 sary timber out of the landlord's woods for 
 the repairing and support of a house or 
 
HOUSE OF COMMONS 
 
 495 
 
 HOUSEHOLDER 
 
 tenement. This belongs of common right 
 to any lessee for years or for life. House 
 tote is said to be of two kinds, estoveriam 
 " et ardendi, Co. Litt. 41. 
 
 HOUSE OF COMMONS. One of the con- 
 stituent houses of the English parliament. 
 
 It is composed of the representatives of 
 the people, as distinguished from the house 
 of lords, which is composed of the nobility. 
 It consists of six hundred and seventy 
 members, elected as follows : Four hundred 
 and ninety-five from England and Wales, 
 seventy-two from Scotland, and one'hundred 
 and three from Ireland. See "Parliament"; 
 "High Court of Parliament." 
 
 HOUSE OF CORRECTION. A place for 
 the imprisonment of those who have com- 
 mitted crimes of lesser magnitude. 
 
 HOUSE OF ILL FAME. A bawdy house 
 (q.v.) ; a house resorted to for the purpose 
 of prostitution and lewdness. 5 Ired. (N. 
 C.) 603. See 3 Pick. (Mass.) 26; 21 N. H. 
 345; 33 Conn. 91. 
 
 HOUSE OF LORDS. One of the constit- 
 uent houses of the English parliament. 
 
 This body is the supreme court of judi- 
 cature in the kingdom. It has no original 
 jurisdiction, but is the court of appeal in 
 the last resort, with a few exceptions, and 
 under some limitations as to the right, from 
 the inferior courts upon appeal or writ of 
 error for mistake of law. Appeals lie to 
 this tribunal from Scotch and Irish courts, 
 in some cases. See St. 4 Geo. IV. c. 85, as 
 to Scotch, and St. 39 & 40 Geo. III. c. 67, 
 art. 8, as to Irish, appeals. 
 
 This body, when sitting as a court of law, 
 is presided over by the lord chancellor, 
 whose attendance alone is in any respect 
 compulsory, and is composed of as many of 
 its members who have filled judicial stations 
 as choose to attend. Three laymen also at- 
 tend in rotation, but do not vote upon judi- 
 cial matters. 11 Clark & F. 421. In the ab- 
 sence of the chancellor, deputy speakers, 
 who were members of the profession, but 
 not of the house, have been appointed. 3 
 Sharswood, Bl. Comm. 56. 
 
 It sits also to try impeachments. See 
 "Impeachment"; "High Court of Parlia- 
 ment"; "Parliament." 
 
 HOUSE OF REFUGE. A prison for juve- 
 nile delinquents. 
 
 HOUSEBREAKING. In criminal law. The 
 breaking and entering the dwelling house 
 of another, by night or by day, with intent 
 to commit some felony within the same, 
 whether such felonious intent is executed or 
 not. Housebreaking by night is burglary. 
 
 This crime is of a local character, and 
 the evidence respecting the place must cor- 
 respond with the allegation in the indict- 
 ment. 
 
 HOUSEHOLD. Those who dwell under 
 the same roof, and constitute a family. Web- 
 
 ster. But it is not necessary that they 
 should be under a roof, or that the father 
 of the family be with it, if the mother and 
 children keep together so as to constitute a 
 family. 18 Johns. (N. Y.) 402. 
 
 Belonging to the house and family; do- 
 mestic. Webster. 
 
 HOUSEHOLD FURNITURE. By this ex- 
 pression, in wills, all personal chattels will 
 pass that may contribute to the use or con- 
 venience of the household, or the ornament 
 of the house; as, plate, linen, china, both 
 useful and ornamental, and pictures. But 
 goods or plate in the hands of testator in 
 the way of his trade will not pass, nor books, 
 nor wines. 1 Jarm. Wills (Perkins Ed.) 
 591, 596, note; 1 Ves. Sr. 97; 2 Williams, 
 Ex'rs (Am. Ed.) 1017; 1 Johns. Ch, (N. 
 Y.) 329. See "Furniture." 
 
 HOUSEHOLD GOODS. In wills. This ex- 
 pression will pass everything of a perma- 
 nent nature (that is, articles of household 
 which are not consumed in their enjoyment) 
 that were used or purchased, or otherwise 
 acquired by the testator, for his house, but 
 not goods in the way of his trade. Plate 
 will pass by this term, but not articles of 
 consumption found in the house, as malt, 
 hops, or victuals, nor guns and pistols, if 
 used in hunting or sport, and not for de- 
 fense of house. A clock in the house, if not 
 fixed to it, will pass. 1 Jarm. Wills (Per- 
 kins Ed.) 589; 1 Rop. Leg. 253. See "Goods." 
 
 HOUSEHOLD STUFF. Words sometimes 
 used in a will. Plate will pass under the 
 term (2 Freem. Ch. 64), but not apparel, 
 books, cattle, victuals, and choses in action, 
 which do not fall within the natural mean- 
 ing of the word, unless there be an inten- 
 tion manifest that they should pass. 15 
 Ves. 319. Goods, as seven hundred beds in 
 possession of testator for purposes of trade, 
 do not pass under utensils of "household 
 stuff." 2 P. Wms. 302! In general, "house- 
 hold stuff" will pass all articles which may 
 be used for the convenience of the house. 
 Swinb. Wills, pt. 7, § 10, p. 484. 
 
 HOUSEHOLDER. Master or chief of a 
 family; one who keeps house with his fam- 
 ily. Webster. It "means more than the mere 
 occupant of a room or house. It implies 
 the idea of a domestic establishment." 37 
 Ala. 145. But a man who has absconded 
 from the state, and left his wife and chil- 
 dren remaining together as a family, was 
 for their benefit held to be a householder. 18 
 Johns. (N. Y.) 402. And a single man rent- 
 ing a house in which he lodged with a 
 younger brother has been held a householder. 
 2 Tex. App. 432. 
 
 A keeper of a tavern or boarding house, 
 or a master or mistress of a dwelling 
 house. 1 Supp. Rev. St. Mass. 1836-1853, 
 Index, p. 170. A person having and pro- 
 viding for a household. The character is 
 not lost by a temporary cessation from 
 
HOUSEKEEPER 
 
 496 
 
 HUNDRED COURT 
 
 housekeeping. 14 Barb, (N. Y.) 456; 19 
 Wend. (N. Y.) 475. 
 
 HOUSEKEEPER. One who occupies a 
 house. 
 
 A person who occupies every room in the 
 house, under a lease, except one, which is re- 
 served for his landlord, who pays all the 
 taxes, is not a houselceeper. 1 Chit. Bailm. 
 602. Nor is a person a housekeeper who 
 takes a house which he afterwards under- 
 lets to another, whom the landlord refuses 
 to accept as his tenant. In this case, the 
 under tenant paid the taxes, and let to 
 the tenant the first floor of the house, and 
 the rent was paid for the whole house to 
 the tenant, who paid it to the landlord. Id. 
 note. 
 
 In order to make the party a housekeeper, 
 he must be in actual possession of the house 
 (1 Chit. Bailm. 288) and must occupy a 
 whole house. See 1 Barn. & C. 178; 2 Term 
 R. 406; 3 Petersd. Abr. 103, note; 2 Mart. 
 (La.) 313. 
 
 The term is rarely, if ever, used in Amer- 
 ican law, 
 
 HOVEL. A place used by husbandmen to 
 set their ploughs, carts, and other farming 
 utensils out of the rain and sun. Law 
 Lat. Diet. A shed; a cottage; a mean house. 
 
 HOYMAN. The master or captain of a 
 hoy, or small coasting vessel. 
 
 Hoymen are liable as common carriers. 
 Story, Bailm. § 496. 
 
 HU DE-GELD. In old English law. A 
 compensation for an assault (transgressio 
 illata) upon a trespassing servant {servus). 
 Supposed to be a mistake or misprint in 
 Fleta for hinegeld. Pleta, lib. 1, c. 47, 
 § 20. Also, the price of one's skin, or the 
 money paid by a servant to save himself 
 from a whipping. Du Cange. 
 
 HUE AND CRY. In old English law. A 
 pursuit of one who had committed felony, 
 by the highway. 
 
 The meaning of "hue" is said to be 
 "shout," from the Saxon huer; but this word 
 also means "to foot," and it may be rea- 
 sonably questioned whether the term may 
 not be "up foot and cry"; in other words, 
 run and cry after the felon. We have a 
 mention of hue and cry as early as Edward 
 I.; and by the Statute of Winchester (13 
 Edw. I.), "immediately upon robberies and 
 felonies committed, fresh suit shall be made 
 from town to town, and county to county, 
 by horsemen and footmen, to the seaside. 
 The constable (the person being described, 
 etc.) is to call upon the parishioners to 
 assist him in the pursuit in his precinct, 
 and to give notice to the next constable, 
 who is to do the same as the first, etc. If 
 the county will not answer the bodies of 
 the offenders, the whole hundred shall be 
 answerable for the robberies there commit- 
 ted, etc." A person engaged in the hue and 
 cry apprehending a felon was, on the felon's 
 
 conviction, entitled to forty pounds, on a 
 certificate of the judge or justice before 
 whom there was conviction, as well as to 
 the felon's horse, furniture, arms, money, 
 and other goods taken with him, subject 
 to the rights of other persons therein. Wood, 
 Inst. 370-373. See 2 Hale, P. C. 100. 
 
 HUEBRA. In Spanish law. An acre of 
 land, or as much as can be ploughed in a 
 day by two oxen. 2 White, New Coll. 49. 
 
 HUISSIER. An usher of the court; an of- 
 ficer who serves process. 
 
 In France, an officer of this name per- 
 forms many of the duties of an English 
 sheriff or constable. In Canada, there may 
 be many huissiers in each county, whose 
 acts are independent of each other; while 
 there can be but one sheriff, who is pre- 
 sumed cognizant of the acts of his sub- 
 ordinates. The French huissier certifies his 
 process; the Canadian merely serves what 
 is put into his hands. 
 
 HUMBUG. Humbug is an, imposition, im- 
 posture, deception; and as a verb, signifies 
 to impose upon, to cozen, to swindle; all 
 implying intention to misrepresent, by the 
 assertion of what is not the actual condition 
 or the suppression or concealment of what 
 is. 65 111. App. 432, 433. 
 
 HUNDRED. In English law. A division 
 of a county, which some make to have origi- 
 nally consisted of one hundred hides of land; 
 others of ten tithings, or one hundred free 
 families. 
 
 It differed in size in different parts of 
 England. 1 Steph. Comm. 122. In many 
 cases, when an offense is committed within 
 a hundred, the inhabitants are liable to 
 make good the damage if they do not pro- 
 duce the offender. See 12 East, 244. 
 
 This system was probably introduced by 
 Alfred (though mentioned in the Poeniten- 
 tiae of Egbert, where it seems to be the ad- 
 dition of a later age) , being borrowed from 
 the continent, where it was known to the 
 Franks, under the name centena, in the 
 sixth century. See Charlemagne, Cap. lib. 
 3, c. 10. 
 
 It had a court attached to it, called the 
 "hundred court," or "hundred lagh," like a 
 court baron, except in its larger territorial 
 jurisdiction. It was governed by the hun- 
 dredary (hundredarius) . 9 Coke, 25. The 
 jurisdiction of this court has devolved upon 
 the county courts. Jacob; Du Cange. Hun- 
 dred penny was a tax collected from the 
 hundred by its lord or by the sheriff. Hun- 
 dred setena signified the dwellers in the hun- 
 dred. Charta Edg. Reg. Mon. Angl. torn. 
 1, p. 16. 
 
 HUNDRED COURT. An Inferior court, 
 whose jurisdiction extended to the whole ter- 
 ritory embraced in a hundred. They were 
 courts not of record; the freeholders were 
 the judges; they were held before the stew- 
 ard of the manor as register; and they re- 
 
HUNDRED GEMOTE 
 
 497 
 
 HYDRAULIC MINING 
 
 sembled courts baron in all respects except 
 in their territorial jurisdiction. 3 Bl. Comm. 
 34, 35. 
 
 HUNDRED GEMOTE. An assembly 
 among the Saxons of the freeholders of a 
 hundred. 
 
 It met twelve times in the year, original- 
 ly; though subsequently its meetings became 
 less frequent. 
 
 It had an extensive jurisdiction, both 
 civil and criminal, and was the predecessor 
 of the county court and sheriff's tourn, and 
 possessed very similar powers. Spelman, 
 "Hundredum"; 1 Reeve, Hist. Eng. Law, 7. 
 
 HUNDRED LAGH (Saxon). Liability to 
 attend the hundred court. Spelman. See 
 Cowell; Blount. 
 
 HUNDRED PENNY. In old English law. 
 A tax collected from the hundred, by the 
 sheriff or lord of the hundred. Spelman, 
 voc. "Hundredus." 
 
 HUNDRED SETENA. In Saxon law. The 
 dwellers or inhabitants of a hundred. Cow- 
 ell; Blount. Spelman suggests the reading 
 of sceatena from Saxon sceat, a tax. 
 
 HUNDREDARIUS. In old English law. A 
 hundredary or hundredor. A name given to 
 the chief officer of a hundred, as well as to 
 the freeholders who composed it. Spelman, 
 voc. "Hundredus." 
 
 HUNDREDARY (Lat. hundredarius) . 
 The chief mag:istrate of a hundred. Du 
 Cange. 
 
 HUNDREDORS. The inhabitants of a 
 hundred, who, by several statutes, are held 
 to be liable, in the cases therein specified, 
 to make good the loss sustained by persons 
 within the hundred by robbery or other vio- 
 lence, therein also specified. The principal 
 of these statutes are 13 Edw. I. st. 2, c. 1, 
 i 4; 28 Edw. IIL c. 11; 27 Eliz. c. 13; 29 
 Car. II. c. 7; 8 Geo. II. c. 16; 22 Geo. II. 
 c. 24. 
 
 Persons serving on juries, or fit to be im- 
 panelled thereon, dwelling within the hun- 
 dred where the land in question lies. 35 
 Hen. VIII. c. 6. And some such were neces- 
 sarily on every panel till 4 & 5 Anne, c. 16. 
 4 Steph. Comm. 370. Him that had the jur- 
 isdiction of the hundred; the bailiff of the 
 hundred. Home, Mirr. Just. lib. 1; Jacob. 
 
 HUNTING. The act of pursuing and tak- 
 ing wild animals; the chase. 
 
 The grant or reservation of "hunting, 
 shooting, fishing and sporting" includes all 
 things generally hunted, shot, fished, or 
 sported after, in contradistinction to small 
 birds and things of a similar character, 
 e. g., rats and sparrows. 34 L. J. C. P. 
 261; 19 C. B. N. S. 264. Rabbits would be 
 included in such a reservation. A covenant 
 for quiet enjoyment in such a grant or 
 reservation, does not imply any undertak- 
 ing restricting the ordinary use of the land. 
 44 L. J. Ch. 334; 10 Ch. 355. 
 
 HURDLE. In English law. A species of 
 sledge, used to draw traitors to execution. 
 
 HURTO. In Spanish law. Theft. White, 
 New Recop. bk. 2, tit. 20. 
 
 HUSBAND. A man who has a wife. 
 
 HUSBAND OF A SHIP. See "Ship's Hus- 
 band." 
 
 HUSBRECE. Housebreaking; burglary. 
 
 HUSCARLE. In old English law. A 
 house servant or domestic; a man of the 
 household. Spelman. 
 
 A king's vassal, thane, or baron; an earl's 
 man or vassal. A term of frequent occur- 
 rence in Domesday Book. 
 
 HUSGABLUM. In old records. House 
 rent; or a tax or tribute laid upon a house. 
 3 Mon. Angl. 254; Cowell; Blount. 
 
 HUSTINGS. In English law. The name 
 of a court held before the lord mayor and 
 aldermen of London. It is the principal and 
 supreme court of the city. See 2 Inst. 327 ; 
 St. Armand, Hist. Essay, Leg. Power Eng. 
 75. This name is also applied to some 
 courts in Virginia. 
 
 The place of meeting to choose a member 
 of parliament. 
 
 The term is used in Canadian as well as 
 English law. The manner of conducting an 
 election in Canada and England for a mem- 
 ber of the legislative body is substantially 
 as follows : Upon warrant from the proper 
 officer, a writ issues from the clerk of the 
 crown in chancery, directed to the sheriff, 
 registrar, or other returning officer of the 
 electoral division. He thereupon issues and 
 posts in public places a proclamation ap- 
 pointing a day, place and hour for his hold- 
 ing an election, and also fixing a day when 
 a poll will be opened, if one be demanded 
 and granted. The first day is called "nomi- 
 nation day." On this day he proceeds to the 
 hustings, which must be in the open air, and 
 accessible to all the voters, proclaims the 
 purpose of the election, and calls upon the 
 electors present to name the person they re- 
 quire to represent them. The electors then 
 make a show of hands, which may result in 
 an election, or a poll may be demanded by a 
 candidate or by any elector. On such de- 
 mand, a poll is opened in each township, 
 ward, or parish of the election district, at 
 the places prescribed by statute. 
 
 HUTESIUM ET CLAMOR. Hue and cry 
 (q. v.). 
 
 HYDRAULIC MINING. (Hydraulicing.) 
 The process of mining gold and other pre- 
 cious minerals by forcing water, at great 
 pressure though pipers or hose upon de- 
 posits of earth which contain the minerals. 
 A considerable portion of the earth and 
 debris is carried away through the sluices, 
 at the bottom of which the heavier minerals 
 remain. 81 Fed. 243; 9 Saw. 441; Raymond, 
 
HYPOBOLUM 
 
 . 498 
 
 HYSTEROPOTMOI 
 
 Gloss. Mining terms; Bancroft's Handbook 
 Mining. 
 
 HYPOBOLUM (Lat.) In civil law. The 
 name of the bequest or legacy given by the 
 husband to his wife, at his death, above her 
 dowry. Tech. Diet. 
 
 HYPOTHEC. In Scotch law. A right over 
 a subject which is acquired by a creditor 
 while the subject remains in the possession 
 of the debtor. 
 
 HYPOTHECA. In civil law. That kind 
 of pledge in which the possession of the 
 thing pledged remains with the debtor; the 
 obligation resting in mere contact. Dig. 1. 
 3. 7. 9. 2. 
 
 HYPOTHECARIA ACTIO. In civil law. 
 An hypothecary action; an action for the 
 enforcement of an hyjpotheca, or right of 
 mortgage; or to obtain the surrender of the 
 thing mortgaged. Inst. 4. 6. 7; Mackeld. 
 Civ. Law, § 356. Adopted in the Civil Code 
 of Louisiana, under the name of "I'action 
 hypothecarie" (translated, "action of mort- 
 gage"). Article 3361. 
 
 HYPOTHECARII CREDITORES. In civil 
 law. Hypothecary creditors; those who 
 loaned money on the security of an hypothe- 
 ca (q. v.). Calv. Lex. 
 
 HYPOTHECATE. To pledge a thing with- 
 out delivering the possession of it to the 
 pledgee. "The master, when abroad, and in 
 the absence of the owner, may hypothecate 
 the ship, freight, and cargo, to raise money 
 requisite for the completion of the voyage." 
 3 Kent, Comm. 171. 
 
 HYPOTHECATION. A right which a 
 creditor has over a thing belonging to an- 
 other, and which consists in a power to 
 cause it to be sold, in order to be paid his 
 claim out of the proceeds. 
 
 There are two species of hypothecation, 
 one called "pledge" (pignus), and the other 
 properly denominated "hypothecation." 
 Pledge is that species of hypothecation 
 which is contracted by the delivery by the 
 debtor to the creditor of the thing hypothe- 
 cated. Hypothecation, properly so called, is 
 that which is contracted without delivery 
 of the thing hypothecated. 2 Bell, Comm. 
 (5th Ed.) 25. 
 
 In the common law, cases of hypotheca- 
 tion, in the strict sense of the civil law, — 
 that is, of a pledge of a chattel without 
 possession by the pledgee, — are scarcely to 
 be found; cases of bottomry bonds and 
 
 claims for seamen's wages against ships 
 are the nearest approach to it; but these 
 are liens and privileges, rather than hy- 
 pothecations. Story, Bailm. § 288. It seems 
 that chattels not in existence, though they 
 cannot be pledged, can be hypothecated, so 
 that the lien will attach as soon as the 
 chattel has been produced. 14 Pick. (Mass.) 
 497. 
 
 (1) Conventional hypothecations are 
 those which arise by agreement of the par- 
 ties. Dig. 20. 1. 5. 
 
 (2) General hypothecations are those by 
 which the debtor hypothecates to his cred- 
 itor all his estate which he has or may have. 
 
 (3) Legal hypothecations are those which 
 arise without any contract therefor between 
 the parties, express or implied. 
 
 (4) Special hypothecations are hypothe- 
 cations of a particular estate. 
 
 (5) Tacit hypothecations are such as the 
 law gives in certain cases, without the con- 
 sent of the parties, to secure the creditor. 
 They are a species of legal hypothecation. 
 
 Thus, the public treasury has a lien over 
 the property of public debtors. Code, 8. 15. 
 1. The landlord has a lien on the goods in 
 the house leased, for the payment of his 
 rent. Dig. 20. 2. 2; Code, 8. 15. 7. The 
 builder has a lien, for his bill, on the house 
 he has built. Dig. 20. 1. The pupil has a 
 lien on the property of the guardian for the 
 balance of his account. Dig. 46. 6. 22; Code, 
 5. 37. 20. There is hypothecation of the 
 goods of a testator for the security of the 
 legacy. Code, 6. 43. 1. 
 
 See, generally, Poth. de I'Hyp.; Poth. 
 Cont. (Gushing Ed.) 145, note 26; Merlin, 
 Repert.; 2 Brown, Civ. Law, 196; Abb. 
 Shipp.; Pars. Mar. Law. 
 
 HYPOTHECATION BOND. A bond given 
 in the contract of bottomry or respondentia. 
 
 HYPOTHEQUE. In French law. Hypoth- 
 ecation; the right acquired by the creditor 
 over the immovable property which has been 
 assigned to him by his debtor as security 
 for his debt, although he be not placed in 
 possession of it. 
 
 HYPOTHETICAL. Based upon an as- 
 sumption or hypothesis, as a hypothetical 
 question is one which calls for the opinion 
 of the witness upon facts assumed by the 
 question. 
 
 HYSTEROPOTMOI. In Roman law. 
 Those who, having been thought dead, un- 
 expectedly returned. They were not per- 
 mitted to enter their own houses by the 
 door, but through a hole in the roof. 
 
499 
 
 IDEM EST SCIRE 
 
 I 
 
 I, at the beginning of words having the 
 first syllable In, commonly denotes a deri- 
 vation from the Latin, as E, in a similar 
 position, indicates a derivation from the 
 French. But I and E were formerly, in 
 many instances, used as initial letters in- 
 differently, and in some words the practice 
 continues to be retained. See E. 
 
 I. E. An abbreviation for "id est," that 
 is; that is to say. 
 
 I. O. U. In common law. A memorandum 
 of debt in use among merchants. It is not 
 a promissory note, as it contains no direct 
 promise to pay. See 4 Car. & P. 324; 1 
 Man. & G. 46; 1 C. B. 543; 1 Esp. 426; Pars. 
 Bills & Notes. 
 
 IBI SEMPER DEBET FIERI TR1ATI0 
 ubi juratores meliorem possunt habere no- 
 titiam. A trial should always be had where 
 the jurors can be the best informed. 7 
 Coke, lb. 
 
 IBIDEM (Lat.) In the same book or place; 
 the same subject. Abbreviated ib or ibid. 
 
 ICTUS (Lat.) In old English law. A 
 stroke or blow from a club or stone; a 
 bruise, contusion, or swelling produced by 
 a blow from a club or stone, as distinguished 
 from "plaga," a wound. Fleta, lib. 1, c. 41, 
 § 3. 
 
 ICTUS ORBIS (Lat.) In medical lurispru- 
 dence. A maim, a bruise, or swelling; any 
 hurt without cutting the skin. 
 
 When the skin is cut, the injury is called 
 a "wound." Bracton, lib. 2, tr. 2, cc. 5, 24. 
 
 Ictus is often used by medical authors in 
 the sense of percussus. It is applied to the 
 pulsation of the arteries, to any external 
 lesion of the body produced by violence; 
 also to the wound inflicted by a scorpion or 
 venomous reptile. Orbis is used in the sense 
 of circle, circuit, rotundity. It is applied, 
 also, to the eyeballs, oculi dicuntur orbes. 
 Cast. Lex. Med. 
 
 ID CERTUM EST QUOD CERTUM RED- 
 
 di potest. That is certain which may be ren- 
 dered certain. 1 Bouv. Inst, note 929; 2 Bl. 
 Comm. 143; 4 Kent, Comm. 462; 4 Pick. 
 (Mass.) 179; Broom, Leg. Max. (3d Lon- 
 don Ed.) 556. 
 
 ID CERTUM EST QUOD CERTUM RED- 
 di potest, sed id magis certum est quod de 
 semetipso est certum. That is certain which 
 can be made certain, but that is more cer- 
 tain which is certain of itself. 9 Coke, 
 47a. 
 
 ID EST (Lat.) That is. Commonly ab- 
 breviated "i. e." 
 
 ID PERFECTUM EST QUOD EX OMNI- 
 bus suis partibus constat. That Is perfect 
 which is complete in all its parts. 9 Coke, 
 9. 
 
 ID POSSUMUS QUOD DE JURE POSSU- 
 mus. We are able to do that which we can 
 do lawfully. Lane, 116. 
 
 ID QUOD EST MAGIS REMOTUM, NON 
 trahit ad se quod est magis junctum, sed e 
 contrarlo in omni casu. That which is more 
 remote does not draw to itself that which is 
 nearer, but the contrary in every case. Co. 
 Litt. 164. 
 
 ID QUOD NOSTRUM EST, SINE FACTO 
 nostro, ad alium transferri non potest. What 
 belongs to us cannot be transferred to an- 
 other without our act. Dig. 50. 17. 11. 
 But this must be understood with this quali- 
 fication, that the government may take prop- 
 erty for public use, paying the owner its 
 value. The title to property may also be 
 acquired, without the consent of the owner, 
 by a judgment of a competent tribunal. 
 
 ID SOLUM NOSTRUM QUOD DEBITIS 
 deductis nostrum est. That only is 'ours 
 which remains to us after deduction of 
 debts. Tray. Lat. Max. 227. 
 
 IDEM (Lat. the same). According to Lord 
 Coke, idem has two significations: Idevi 
 syllabis seu verbis, the same in syllables or 
 words, and idem re et sensu, the same in 
 substance and in sense. 10 Coke, 124a. 
 
 In Old Practice. The said or afore- 
 said. Towns. PI. 15, 16. 
 
 IDEM AGENS ET PATIENS ESSE NON 
 potest. To be at once the person acting and 
 the person acted upon is impossible. Jenk. 
 Cent. Cas. 40. 
 
 IDEM EST FACERE, ET NOLLE PRO- 
 hibere cum possis. It is the same thing to 
 do a thing as not to prohibit it when in 
 your power. 3 Co. Inst. 158. 
 
 IDEM EST NIHIL DICERE ET INSUFFI- 
 cienter dicere. It is the same thing to say 
 nothing, and not to say suflficiently. 2 
 Inst. 178. 
 
 IDEM EST NON ESSE, ET NON APPA- 
 rere. It is the same thing not to be as not 
 to appear. Jenk. Cent. Cas. 207. Not to ap- 
 pear is the same thing as not to be. Broom, 
 Leg. Max. 165. 
 
 IDEM EST NON PROBARI ET NON ES- 
 se; non deficit jus, sed probatio. What does 
 not appear, and what is not, are the same; 
 it is not the defect of the law, but the 
 want of proof. 
 
 IDEM EST SCIRE AUT SCIRE DEBET 
 aut potuisse. To be able to know is the 
 
IDEM NON ESSE 
 
 500 
 
 IDONEUS 
 
 same as to know. This maxim is applied to 
 the duty of every one to know the law. 
 
 IDEM NON ESSE ET NON APPARERE. 
 
 It is the same thing not to exist and not 
 to appear. Jenk. Cent. Cas. 207. 
 
 IDEM SEMPER ANTECEDENTI PROXI- 
 mo refertur. Idem always relates to the 
 next antecedent. Co. Litt. 385. 
 
 IDEM SONANS. Sounding the same. A 
 term applied to names which are spelled 
 differently, but have substantially the same 
 sound; the difference in spelling being held 
 in such case not to constitute a variance. 
 Thus, "Hutson" for "Hudson" (7 Miss. 142), 
 "Keen" for "Keene" (Thach. C. C. [Mass.] 
 67) , and "Deadema" for "Diadema" (2 Ired. 
 [N. C] 346). 
 
 IDENTIFICATION. The establishment of 
 identity (g. v.). 
 
 IDENTITAS VERA COLLIGITUR EX 
 
 multitudine signorum. True identity is col- 
 lected from a number of signs. Bac. Reg. 29. 
 
 IDENTITATE NOMINIS. (Lat.) In Eng- 
 lish law. The name of a writ which lies for 
 a person taken upon a capias or exigent, 
 and committed to prison, for another man 
 of the same name. This writ directs the 
 sheriff to inquire whether he be the person 
 against whom the action was brought, and 
 if not, then to discharge him. Fitzh. Nat. 
 Brev. 267. In practice, a party in this 
 condition would be relieved by habeas cor- 
 pus. 
 
 IDENTITY. Sameness; the state of be- 
 ing the same as something described; the 
 fact that a person or thing is the same as 
 it is represented or charged to be. 
 
 IDEO (Lat.) Therefore. Calv. Lex. 
 
 IDEO CONSIDERATUM EST (Law Lat.) 
 Therefore it is considered. The initial words 
 of the ancient entry of judgment in an ac- 
 tion at law, and by which that part of the 
 record is sometimes called in modern prac- 
 tice. 
 
 IDES (Lat.) In civil law. A day in the 
 month from which the computation of days 
 was made. 
 
 The divisions of months adopted among 
 the Romans were as follows: The calends 
 occurred on the first day of every month, 
 and were distinguished by adding the name 
 of the month; as, calendis Januarii, the first 
 of January. The nones occurred on the fifth 
 of each month, with the exception of March, 
 July, October, and May, in which months 
 they occurred on the seventh. The ides oc- 
 curred always on the ninth day after the 
 nones, thus dividing the month equally. In 
 fact, the ides would seem to have been the 
 primal division, occurring in the middle of 
 the month, nearly. Other days than the 
 tkree designated were indicated by the num- 
 ber of days which would elapse before the 
 
 next succeeding point of division. Thus, the 
 second of April is the quarto nonus Aprilis; 
 the second of March, the sexto nonas 
 Martii; the eighth of March, octavius idus 
 Martii; the eighth of April, sextus idus 
 Aprilis; the sixteenth of March, decimus 
 Septimus calendis Aprilis. 
 
 This system is still used in some chancer- 
 ies in Europe, and we therefore give the 
 following: 
 
 Table of the Calends, Nones, and Ides. 
 
 Jan., Aug., Dec. 
 
 March, May, 
 
 Aniil, June, 
 
 February 28, 
 
 31 days. 
 
 July, Oct,. 
 
 Sept,, Nov.. 
 
 bissextile. 
 
 
 31 days. 
 
 30 days. 
 
 29 days. 
 
 1 Calendis 
 
 Calendis 
 
 Calendis 
 
 Calendis 
 
 2 4 Nonas 
 
 6 Nonas , 
 
 4 Nonas , 
 
 4 Nonas 
 
 3 3 Nonas 
 
 5 Nonas 
 
 3 Nonas ' 
 
 3 Nonas 
 
 4 
 
 Ptld. Non. 
 
 4 Nonas 
 
 Prld. Non. 
 
 Prid. Non. 
 
 5 
 
 Nonis 
 
 3 Nonas 
 
 Nonis 
 
 Nonis 
 
 6 
 
 8 Idus 
 
 Prid. Non. 
 
 8 Idus 
 
 8 Idus 
 
 7 
 
 7 Idus 
 
 Nonis 
 
 7 Idus 
 
 7 Idus 
 
 8 
 
 6 Idus 
 
 3 Idus 
 
 6 Idus 
 
 6 Idus 
 
 9 
 
 5 Idus 
 
 7 Idus 
 
 5 Idus 
 
 5 Idus 
 
 10 
 
 4 Idus 
 
 6 Idus 
 
 4 Idus 
 
 4 Idus 
 
 11 
 
 3 Idus 
 
 5 Idus 
 
 3 Idus 
 
 3 Idus 
 
 12 
 
 Prld. Idus 
 
 4 Idus 
 
 Prid. Idus 
 
 Prid. Idus 
 
 13 
 
 Idlbus 
 
 3 Idus 
 
 Idlbus 
 
 Idlbus 
 
 14 
 
 19Caa. 
 
 Prid. Idus 
 
 ISCaL 
 
 16Cal. 
 
 15 
 
 ISCal. 
 
 Idlbus 
 
 17CaJ, 
 
 15 Cal. 
 
 16 
 
 17CaI. 
 
 17 Cal. 
 
 16 Cal 
 
 14CaL 
 
 17 
 
 lecal. 
 
 16 Cal. 
 
 15 Cal. 
 
 13 Cal. 
 
 IS 
 
 15Cal. 
 
 IS Cal. 
 
 14 Cal. 
 
 12 Cal. 
 
 19 
 
 14Cal. 
 
 14 Cal. 
 
 ISCaJ. 
 
 11 Cal. 
 
 20 
 
 13CaI. 
 
 13 Cal. 
 
 12 Cal. 
 
 10 Cal. 
 
 21 
 
 12 Cal. 
 
 12 Cal. 
 
 11 Cal. 
 
 9 Cal. 
 
 22 
 
 11C&I. 
 
 11 Cal. 
 
 10 Cat 
 
 seal. 
 
 23 
 
 local. 
 
 10 Cal. 
 
 9 Cal. 
 
 7 Cal. 
 
 24 
 
 9 Cal. 
 
 9 Cal. 
 
 8 Cal. 
 
 6 Cal. 
 
 2S 
 
 seal. 
 
 seal. 
 
 7 Cal. 
 
 5 Cal. 
 
 26 
 
 7 Cal. 
 
 7 Cal. 
 
 6 Cal. 
 
 4 Cal. 
 
 27 
 
 seal. 
 
 6 Cal. 
 
 seal. 
 
 3 Cal. 
 
 28 
 
 seal. 
 
 5 Cal. 
 
 4 Cal. 
 
 Prid. Csl. 
 
 29 
 
 4CSL 
 
 4 Cal. 
 
 3 Cal. 
 
 
 30 
 
 3 Cal. 
 
 3 Cal. 
 
 PWd. Csl. 
 
 
 31 
 
 Prld. Cal. 
 
 Prld. Cal. 
 
 
 
 IDIOCHIRA (Gr.) In civil law. An in- 
 strument privately executed, as distin- 
 guished from one publicly executed. Vicat. 
 
 IDIOCY. In medical jurisprudence. A 
 form of insanity, resulting either from con- 
 genital defect, or some obstacle to the de- 
 velopment of the faculties in infancy. 
 
 It is an imbecility or sterility of mind, 
 and not a perversion of the understanding. 
 Chit. Med. Jur. 327, note (s) 345; 1 Russ. 
 Crimes, 6; Bac. Abr. "Idiot" (A) ; Brooke, 
 Abr.; Co. Litt. 246, 247; 3 Mod. 44; 1 Vern. 
 16; 4 Coke, 126; 1 Bl. Comm. 302. 
 
 IDIOT. A person who has been without 
 understanding from his nativity, and whom 
 the law, therefore, presumes never likely 
 to attain any. Shelf. Lun. 2. 
 
 IDIOTA INQUIRENDO, WRIT DE. This 
 is the name of an old writ which directs the 
 sheriff to inquire whether a man be an idiot 
 or not. The inquisition is to be made by a 
 jury of twelve men. Fitzh. Nat. Brev. 232. 
 
 IDONEARE (Law Lat.) To make or prove 
 one's sdf innocent. Spelman. 
 
 IDONEUS (Lat.) Sufficient; fit; ade- 
 quate. He is said to be idoneus homo who 
 hath these three things, honesty, knowledge, 
 and civility; and if an officer, etc., be not 
 idoneus, he may be discharged. 8 Coke» 
 
IDONIETAS 
 
 501 
 
 IGNORANTIA FACTI 
 
 41. If a clerk presented to a living is not 
 persona idonea, which includes ability in 
 learning, honesty of conversation, etc., the 
 bishop may refuse him. And to a quare 
 impedit brought thereon, "in literatura 
 minus sufflciens is a good plea, without set- 
 ting forth the particular kind of learning." 
 5 Coke, 58; 6 Coke, 49b; 2 Inst. 631; 3 Lev. 
 311; 1 Show. 88; Wood. Inst. 32, 33. 
 
 So of things: Idonea quantitas. Calv. 
 Lex. Idonea paries, a wall sufficient or able 
 to bear the weight 
 
 In Civil Law. Rich; solvent; e. g., 
 
 idoneus tutor, idoneus debitur.' Calv. Lex. 
 
 IDONIETAS (Law Lat.) In old English 
 law. Ability or fitness (of a parson) . Ar- 
 tie. Cleri, c 13. 
 
 IGLISE. (Law. Fr.) A church. Kelham. 
 Another form of eglise. 
 
 IGNIS JUDICIUM (Lat.) In old English 
 law. The judicial trial by fire. 
 
 IGNITEGIUM (from ignis, fire, and tegere, 
 to cover). In old English law. The cur- 
 few, or evening bell. Cowell. See "Cur- 
 few." 
 
 IGNOMINY. Public disgrace; Infamy; re- 
 proach; dishonor. Ignominy is the oppo- 
 site of esteem. 
 
 IGNORAMUS (Lat. we are Ignorant or 
 uninformed) . In practice. The word which 
 is written on a bill by a grand jury when 
 they find that there is not sufficient evi- 
 dence to authorize their finding it a true 
 bill. Sometimes, instead of using this word, 
 the grand jury indorse on the bill, "Not 
 found." 4 Bl. Comm. 305. 
 
 IGNORANCE. The lack of knowledge. 
 
 Ignorance is distinguishable from "error" 
 or "mistake." Ignorance is want of knowl- 
 edge; error is the nonconformity or oppo- 
 sition of ideas to the truth. Considered as 
 a motive of actipns, ignorance differs but 
 little from error. They are generally found 
 together, and what is said of one is said of 
 both. 1 Story, Eq. Jur. 108 et seq. See 4 
 Johns. Ch. (N. Y.) 567. 
 
 (1) Ignorance of fact is the want of 
 knowledge as to the fact in question. It 
 would be an error resulting from ignorance 
 of fact, if a man believed a certain woman 
 to be unmarried and free, when, in fact, 
 she was a married woman, and were he to 
 marry her under that belief, he would not 
 be criminally responsible. 6 Allen (Mass.) 
 591. Ignorance of the laws of a foreign 
 government, or of another state, is ignor- 
 ance of fact. 9 Pick. (Mass.) 112. See, for 
 the difference between ignorance of law and 
 ignorance of fact, 9 Pick. (Mass.) 112. 
 
 (2) Ignorance of law consists in the want 
 of knowledge of those laws which it is our 
 duty to understand, and which every man is 
 presumed to know. The law forbids any 
 one to marry a woman whose husband is 
 living. If any man, then, imagined he could 
 
 marry such a woman, he would be ignorant 
 of tho law, and if he married her he would 
 commit an error as to a matter of law. How 
 far a party is bound to fulfill a promise to 
 pay, upon a supposed liability, and in ig- 
 norance of the law, see 12 East, 38; 2 Jac 
 & W. 263; 5 Taunt. 143; 3 Barn. & C. 280; 
 1 Johns. Ch. (N. Y.) 512, 516; 6 Johns. Ch. 
 (N. Y.) 166; 9 Cow. (N. Y.) 674; 4 Mass. 
 342; 7 Mass. 452, 488; 9 Pick. (Mass.) 112; 
 1 Bin. (Pa.) 27. Ignorance of law is .a 
 passive state, and is distinguished from ac- 
 tual mistake of law. 7 Ga. 70. 
 
 (3) Essential ignorance is ignorance in 
 relation to some essential circumstance, so 
 intimately connected with the matter in 
 question, and which so influences the par- 
 ties, that it induces them to act in the busi- 
 ness. 2 Kent, Comm. 367. 
 
 (4) Nonessential or accidental ignorance 
 is that which has not of itself any neces- 
 sary connection with the business in ques- 
 tion, and which is not the true considera- 
 tion for entering into the contract; as, if a 
 man should marry a woman whom he be- 
 lieved to be rich, and she proved to be poor, 
 this fact would not be essential, and the 
 marriage would therefore be good. 
 
 (5) Voluntary ignorance exists when a 
 party might, by taking reasonable pains, 
 have acquired the necessary knowledge. For 
 example, every man might acquire a knowl- 
 edge of the laws which have been promul- 
 gated. A neglect to become acquainted with 
 them is therefore voluntary ignorance. Doc- 
 tor & Stud. 1, 46; Plowd. 343. 
 
 (6) Involuntary ignorance is that which 
 does not proceed from choice, and which 
 could not have been avoided by any means 
 at the party's command, as of a law not 
 yet promulgated. 
 
 IGNORANCE OF LAW. See "Ignorance." 
 
 IGNORANTIA. Ignorance; want of 
 knowledge. Distinguished from mistake, 
 error or wrong conception. Mackeld. Civ. 
 Law, § 165. Divided in the civil law into 
 ignorantia facti, ignornace of fact, and ig- 
 norantia juris, ignorance of law. Dig. 22. 
 6. Lord Coke adopts this division, adding 
 that the former is twofold, — lectionis et lin- 
 guae, ignorance of reading, and ignorance 
 of language. 2 Coke, 3b. 
 
 IGNORANTIA EORUM QUAE QUIS 
 scire tenetur non excusat. Ignorance of 
 those things which every one is bound to 
 know excuses not. Hale, P. C. 42. See Tin- 
 dal, C. J., 10 Clark & F. 210; Broom, Leg. 
 Max. (3d London Ed.) 245; 4 Sharswood, 
 Bl. Comm. 27. 
 
 IGNORANTIA EXCUSATUR, NON JUR- 
 IS sed facti. Ignorance of fact may excuse, 
 but not ignorance of law. See "Ignorance." 
 
 IGNORANTIA FACTI EXCUSAT; IGNO- 
 rantia Juris non excusat. Ignorance of facts 
 excuses; ignorance of law does not excuse. 
 1 Coke, 177; 4 Bouv. Inst, note 3828; Broom, 
 
IGNORANTIA JUDICIS 
 
 502 
 
 ILLUSION 
 
 Leg. Max. (3d London Ed.) 231; 1 Fonbl. 
 Eq. (5th Ed.) 119, note. See "Ignorance." 
 
 IGNORANTIA JUDICIS EST CALAMIT- 
 as innocentis. The Ignorance of the judge Is 
 the misfortune of the innocent. 2 Inst. 591. 
 
 IGNORANTIA JURIS NON EXCUSAT. Ig- 
 norance of the law is no excuse. 8 Wend. 
 (N. Y.) 267, 284; 18 Wend. (N. Y.) 586, 
 588; 6 Paige, Ch. (N. Y.) 189, 195; 1 Edw. 
 Ch. (N. Y.) 467, 472. 
 
 The true meaning of that maxim is that 
 parties cannot excuse themselves from li- 
 ability from all civil or criminal conse- 
 quences of their acts by alleging ignor- 
 ance of the law, but there is no presump- 
 tion that parties must be taken to know 
 all the legal consequences of their acts, and 
 especially where difficult questions of law, 
 or of the practice of the court are involved. 
 13 App. Cas. 78. 
 
 IGNORANTIA JURIS QUOD QUISQUE 
 scire tenetur, neminem excusat. Ignorance 
 of law which every one is bound to know 
 excuses no one. 2 Coke, 3b; 1 Plowd. 343; 
 per Ld. Campbell, 9 Clark & F. 324; Broom, 
 Leg. Max. (3d London Ed.) 232; 7 Car. & 
 P. 456; 2 Kent, Comm. 491. 
 
 IGNORANTIA LEGIS NEMINEM EXCU- 
 sat. Ignorance of law excuses no one. See 
 "Ignorance"; 4 Bouv. Inst, note 3828; 1 
 Story, Eq. Jur. § 111. 
 
 IGNORATIS TERMINIS, IGNORATUR 
 et ars. Terms being unknown, the art also 
 is unknown. Co. Litt. 2. 
 
 IGNORE. To be ignorant of. Webster. 
 To pass over as if not in existence. A grand 
 jury are said to ignore a bill when they do 
 not find the evidence such as to induce them 
 to make a presentment. Brande. 
 
 IGNOSCITUR El QUI SANGUINEM SU- 
 um qualiter redemptum voluit. The law 
 holds him excused who chose that his blood 
 should be redeemed on any terms. Dig. 48. 
 21. 1; 1 Sharswood, Bl. Comm. 131. 
 
 IKENILD STREET. One of the four Ro- 
 man roads in England. 
 
 ILL FAME. A technical expression, which 
 not only means bad character as generally 
 understood, but applies to every person, 
 whatever may be his conduct and character 
 in life, who visits bawdy houses, gaming 
 houses, and other places which are of ill 
 fame. 1 Rogers, City Hall Rec. (N. Y.) 67; 
 2 Hill (N. Y.) 558; 17 Pick. (Mass.) 80; 
 Ayliffe, Par. 276; 1 Hagg. Ecc. 720, 767; 1 
 Hagg. Consist, 302; 2 Hagg. Consist. 24; 2 
 Greenl. Ev. § 44. See "House of 111 Fame." 
 
 ILLATA ET INVECTA. In Roman law. 
 Things brought into the house by the ten- 
 ant for his use, and which were liable to 
 distress (jus hypothecae) by the landlord. 
 
 ILLEGAL. Contrary to law. Not ssTiony- 
 mous with unlawful (q. v.). 
 
 ILLEGALITY. Signifies that which is 
 contrary to the principles of law, and de- 
 notes a complete defect in the proceedings. 
 1 Abb. Pr. (N. S.; N. Y.) 432. 
 
 ILLEGITIMATE. That which is contrary 
 to law. It is usually applied to children 
 born out of lawful wedlock. 
 
 ILLEVIABLE. A debt or duty that can- 
 not or ought not to be levied. Nihil set 
 upon a debt is a mark for illeviable. 
 
 ILLICENCIATUS (Lat.) Without license. 
 
 ILLICIT. What is unlawful; what is for- 
 bidden by the law. 
 
 This word is frequently used in policies 
 of insurance, where the assured warrants 
 against illicit trade. By "illicit trade" is 
 understood that "which is made unlawful by 
 the laws of the country to which the object 
 is bound." The assured, having entered in- 
 to this warranty, is required to do no act 
 which will expose the vessel to be legally 
 condemned. 2 La. 337, 338. See "Insur- 
 ance"; "Warranty." 
 
 ILLICITE. Unlawfully. 
 
 This word has a technical meaning, and is 
 requisite in an indictment where the act 
 charged is unlavirful; as, in the case of a 
 riot. 2 Hawk. P. C. 25, § 96. 
 
 ILLICITUM COLLEGIUM. An illegal cor- 
 poration. 
 
 ILLITERATE. Unacquainted with letters. 
 
 ILLOCABLE. Incapable of being hired 
 out. 
 
 ILLUD (Lat.) That. 
 
 ILLUD QUOD ALIAS LICITUM NON 
 est, necessitas facit licitutn, et necessitas 
 Inducit privileglum quod jure privatur. That 
 which is not otherwise lawful necessity 
 makes lawful, and necessity makes a privi- 
 lege which supersedes the law. 10 Coke, 61. 
 
 ILLUD QUOD ALTERI UNITUR EXTIN- 
 guitur, neque amplius 'per se vacare licet. 
 That which is united to another is extin- 
 guished, nor can it be any more independent. 
 
 ILLUSION. A species of mania, in which 
 the sensibility of the nervous system is al- 
 tered, excited, weakened, or perverted. 
 
 The patient is deceived by the false ap- 
 pearance of things, and his reason is not 
 sufficiently active and powerful to correct 
 the error; and this last particular is what 
 distinguishes the sane from the insane. Il- 
 lusions are not unfrequent in a state of 
 health, but reason corrects the errors, and 
 dissipates them. A square tower, seen from 
 a distance, may appear round, but, on ap- 
 proaching it, the error is corrected. A dis- 
 tant mountain may be taken for a cloud, 
 but as we approach we discover the truth. 
 To a person in the cabin of a vessel under 
 sail, the shore appears to move; but reflec- 
 
ILLUSORY APPOINTMENT 
 
 603 
 
 IMMEMORIAL POSSESSION 
 
 tion and a closer examination soon destroy 
 this illusion. An insane individual is mis- 
 taken on the qualities, connections, and 
 causes of the impressions he actually re- 
 ceives, and he forms wrong judgments as to 
 his internal and external sensations; and 
 his reason does i. it correct the error. 1 
 Beck, Med. Jur. 538; Esquirol, tom. 1, p. 
 202; Diet, des Sciences Medicales, "Halluci- 
 nation." See "Hallucination." 
 
 ILLUSORY APPOINTMENT. Such an ap- 
 pointment or disposition of property under 
 a power as is merely nominal, and not sub- 
 stantial. 
 
 ILLUSORY APPOINTMENT ACT. St. 
 Wm. IV. c. 46, providing that no appoint- 
 ment shall be impeached in equity on the 
 ground that it is unsubstantial, illusory, or 
 nominal. 
 
 IMAGINE. In English law. In cases of 
 treason, the law makes it a crime to imagine 
 the death of the king. In order to complete 
 the offense, there must, however, be an overt 
 act, — the terms "compassing" and "im- 
 agining" being synonymous. It has been 
 justly remarked that the words "to com- 
 pass" and "imagine" are too vague for a 
 statute whose penalty affects the life of a 
 subject. Barr. Obs. St. 243. See "Fic- 
 tion." 
 
 IMBASING. The act of reducing coin be- 
 low the standard alloy. See 1 Hale, P. C. 
 102. 
 
 IMBECILITY. In medical jurisprudence, 
 A form of insanity consisting in mental de- 
 ficiency, either congenital, or resulting from 
 an obstacle to the development of the facul- 
 ties, supervening in infancy. 
 
 IMBEZZLE. Occasionally used for "em- 
 bezzle." 
 
 IMBRACERY. See "Embracery." 
 
 IMMATERIAL. Not material; not essen- 
 tial or important. 
 
 IMMATERIAL AVERMENT. In pleading. 
 A statement of unnecessary particulars in 
 connection with, and as descriptive of, what 
 is material. Gould, PI. c. 3, § 186. Such 
 averments must, however, be proved as laid, 
 it is said (Doug. 665), though not if they 
 may be struck out without striking out at 
 the same time the cause of action, and when 
 there is no variance. Gould, PI. c. 3, § 188. 
 See 1 Chit. PI. 282. 
 
 IMMATERIAL ISSUE. In pleading. An 
 issue taken upon some collateral matter, 
 the decision of which will not settle the 
 question in dispute between the parties in 
 action. For example, if in an action of 
 debt on bond, conditioned for the payment 
 of ten dollars and fifty cents at a certain 
 day, the defendant pleads the payment of 
 ten dollars according to the form of the 
 condition, and the plaintiflf, instead of de- 
 
 murring, tenders issue upon the payment, it 
 is manifest that, whether this issue be found 
 for the plaintiff or the defendant, it will 
 remain equally uncertain whether the plain- 
 tiff is entitled to maintain his action, or 
 not; for in an action for the penalty of a 
 bond, conditioned to pay a certain sum, the 
 only material question is whether the exact 
 sum were paid or not, and the question of 
 payment of a part is a question quite beside 
 the legal merits. Hob. 113; 5 Taunt. 386; 
 Cro. Jac. 585; 2 Wm. Saund. 319b. A re- 
 pleader will be ordered when an immaterial 
 issue is reached, either before or after ver- 
 dict. 2 Wm. Saund. 319b, note; 1 Rolle, 
 Abr. 86; Cro. Jac. 585. See "Repleader." 
 
 IMMEDIATE. At once. "Though in strict- 
 ness it excludes all mean times, it shall be 
 construed such convenient time as is rea- 
 sonably requisite for doing the thing." 2 
 Lev. 77. 
 
 It is stronger than the phrase "within a 
 reasonable time," and implies prompt, vigor- 
 ous action, without any delay. L. R. 4 Q. 
 B. 469. 
 
 Acting with nothing interposed or be- 
 tween, or without the intervention of an- 
 other object as a cause, means, medium or 
 condition; producing its effect by direct 
 agency. 60 111. App. 108. 
 
 IMMEDIATE DESCENT. Descents have 
 long been distinguished as mediate and im- 
 mediate, but these terms are susceptible of 
 different interpretations, whence some 'con- 
 fusion has been introduced into their legal 
 discussion, since different judges have used 
 them in different senses. _ In immediate 
 descents there can be no impediment but 
 what ariseth in the parties themselves, but 
 in mediate descents, it is agreed, the dis- 
 ability of being an alien or attainted, in 
 him that is the medius antecessor, will dis- 
 able the other, though he have no such dis- 
 ability. Where the question is whether the 
 inheritance by a brother from his brother, 
 the father being an alien, is mediate or 
 immediate, it is held after much discussion 
 that the inheritance is immediate, so as not 
 to be affected by the alienage of the father. 
 It is held that in tracing the line of in- 
 heritance between brothers or their de- 
 scendants it is not necessary to name the 
 father as their common ancestor, and that 
 alienism in any ancestor whom it was not 
 necessary to name in tracing such inheri- 
 tance or descent does not have the effect to 
 impede it. 6 Pet. (U. S.) 112; 155 111. 
 604. 
 
 IMMEMORIAL. Time out of mind. 
 
 IMMEMORIAL POSSESSION. In Louisi- 
 ana. Possession of which no man living 
 has seen the beginning, and the existence 
 of which he has learned from his elders. 
 Civ. Code La. art. 762; 2 Mart. (La.) 214; 
 7 La. 46; 3 Toullier, Dr. Civ. p. 410; Poth. 
 Cent, note 244; 3 Bouv. Inst, note 3069, note. 
 
IMMEMORIAL USAGE 
 
 604 
 
 IMPARLANCE 
 
 IMMEMORIAL USAGE. A nsage which 
 has existed from time immemorial. 
 
 IMMEUBLES. In French law. Immov- 
 ables. 
 
 IMMIGRATION. The removing into one 
 place from another. It differs from "emi- 
 gration," which is the moving from one 
 place into another. 
 
 IMMISGERE. (Lat.) In the civil law. 
 To mix or mingle with; to meddle with; 
 to join with; to take or enter upon an in- 
 heritance. Calv. Lex. 
 
 IMMISSIO. (Law Lat.) In old English 
 law. A putting in; introduction. Pleta, lib. 
 3, c. 15, §11. 
 
 IMMITTERE. (Lat.) In the civil law. 
 To put or let into, as a beam into a wall. 
 Calv. Lex. Dig. 50. 17. 242. 1. 
 
 In old English law. To put cattle on a 
 common. Fleta, lib. 4, c. 20, § 7. 
 
 IMMOBILIA SITUM SEQUUNTUR. Im- 
 movables follow the law of their locality. 2 
 Kent, Comm, 67. 
 
 IMMOBILIS (Lat.) Immovable. Immo- 
 bilia, or res immobiles, immovable things, 
 such as lands and buildings. Mackeld. Civ. 
 Law, p. 152, § 147; 2 Kent, Comm. 347. 
 
 IMMORAL. That which tends to subvert 
 morality or decency. Contracts, etc., tend- 
 ing to sexual immorality furnish the most 
 common examples, but a contract in dero- 
 gation of religion was held "immoral" in 
 England (L. R. 2 Exch. 230), as was a con- 
 tract involving the removal of several thou- 
 sand bodies from a burying ground (1 Cab. 
 & El. 577). 
 
 IMMORAL CONSIDERATION. One con- 
 trary to good morals, and therefore invalid. 
 For example, an agreement in consideration 
 of future illicit cohabitation between the 
 parties (3 Burrows, 1568; 1 Esp. 13; 1 Bos. 
 & P. 340, 341), an agreement for the value 
 of libellous and immoral pictures (4 Esp. 
 97) , or for printing a libel (2 Starkie, 107) , 
 or for an immoral wager (Chit. Cont. 156), 
 cannot, therefore, be enforced. For what- 
 ever arises from an immoral or illegal con- 
 sideration is void, quid turpi ex causa pro- 
 missum est non valet. Inst. 3. 20. 24. 
 
 IMMORALITY. That which is contra 
 bonos mores. 
 
 In England, it is not punishable, in some 
 cases, at the common law, on account of the 
 ecclesiastical jurisdictions, e. g., adultery. 
 But except in cases belonging to the eccle- 
 siastical courts, the court of king's bench is 
 the custoa morwm, and may punish delicto 
 contra bonos mores. 3 Burrows, 1438; 1 W. 
 Bl. 94; 2 Strange, 788. 
 
 IMMOVABLES. In civil law. Property 
 which, from its nature, destination, or the 
 object to which it is applied, cannot move 
 
 Poth. des Choses, 
 
 itself or be removed. 
 § 1. 
 
 IMMUNITY. Rights of exemption only- 
 freedom from what otherwise would be a 
 duty or burden. 3 Heisk. (Tenn.) 306. 
 
 An exemption from Serving in an ofSce, 
 or performing duties which the law gen- 
 erally requires other citizens to perform. See 
 Dig. lib. 50, tit. 6; 1 Chit. Crim. Law, 821; 
 
 4 Har. & McH. (Md.) 341. 
 
 IMPAIRING THE OBLIGATION OF A 
 contract. Any law, which enlarges, abridges, 
 or in any manner changes the intention of 
 the parties to the contract when it is dis- 
 covered, necessarily impairs the contract 
 itself, which is but the evidence of that 
 intention. 11 Wheaton (U. S.) 256. 
 
 Any law impairs the obligation which ren- 
 ders the contract in itself less valuable or 
 less enforcible, whether by changing its 
 terms and stipulations, its legal qualities 
 and conditions, or by regulating the remedy 
 for its enforcement. 15 Rich. (S. C.) 105. 
 
 Whether the statute operates to impair 
 debt or the remedy, the result is the same. 
 
 5 Lea (Tenn.) 112. 
 
 IMPANEL. 
 
 In Old English Practice. To write the 
 
 names of jurors on a panel, which is an 
 oblong piece of parchment attached to the 
 venire. This is done by the sheriff, or other 
 officer lawfully authorized. 
 
 In American Practice. The word is 
 
 used of a jury drawn for trial of a particu- 
 lar cause by the clerk, as well as of the 
 general list of jurors returned by the sher- 
 iff. Graham, Prac. 275. See 1 Arch. Prac. 
 365; 3 Sharswood, Bl. Comm. 354. 
 
 IMPANELLING. Has nothing to do with 
 drawing, selecting, or swearing jurors, but 
 means simply making the list of those who 
 have been selected. 7 How. Pr. (N. Y.) 
 441. 
 
 IMPARCARE (Law Lat. from in aind pwr- 
 cus, a pound or inclosed place). In old 
 English law. To impound. Reg. Orig. 92b. 
 
 To shut up, or confine in prison. Inducti 
 sunt in carcerem et imparcati, they were 
 carried to prison and shut up. Bracton, 
 fol. 124. 
 
 IMPARGAMENTUM. The right to im- 
 pound cattle. 
 
 IMPARL. To have delay. Literally, to 
 "speak with" (the plaintiff). The original 
 object of an imparlance was to obtain time 
 for an amicable adjustment. 3 Bl. Comm. 
 299. But the actual object has long been 
 merely to obtain time to plead. 3 Chit. 
 Prac. 700. 
 
 IMPARLANCE (from Fr. parler, to 
 speak) . In pleading and practice. Time 
 given by the court to either party to answer 
 the pleading of his opponent; as, either to 
 plead, reply, rejoin, etc. 
 
IMPARSONEE 
 
 506 
 
 IMPEDITOR 
 
 It is said to be nothing else but the con- 
 tinuance of the cause till a further day. 
 Bac. Abr. "Pleas" (C). In this sense, im- 
 parlances are no longer allowed in English 
 practice, 8 Chit. Prac. 700. 
 
 Time to plead. This is the common sig- 
 nification of the word. 2 Wm. Saund. 1, 
 note 2; 2 Show. 310; Barnes, 346; Lawes, 
 Civ. PI. 93. In this sense, imparlances are 
 not recognized in American law, the com- 
 mon practice being for the defendant to en- 
 ter an appearance, when the cause stands 
 continued, until a fixed time has elapsed 
 within which he may file his plea. See 
 "Continuance." 
 
 ——General Imparlance. The entry of a 
 general prayer and allowance of time to 
 plead till the next term, without reserving 
 to the defendant the benefit of any excep- 
 tion, so that after such an imparlance the 
 defendant cannot object to the jurisdiction 
 of the court, or plead any matter in abate- 
 ment. This kind of imparlance is always 
 from one term to another. 
 
 General Special Imparlance. Contains 
 
 a saving of all exceptions whatsoever, so 
 that the defendant after this may plead not 
 only in abatement, but he may also plead a 
 plea which affects the jurisdiction of the 
 court, as privilege. He cannot, however, 
 plead a tender, and that he was always 
 ready to pay, because by craving time he ad- 
 mits that he is not ready, and so falsifies his 
 plea. Tidd, Prac. 418, 419. 
 
 Special Imparlance. Reserves to the 
 
 defendant all exception to the writ, bill, or 
 count; and therefore after it the defendant 
 may plead in abatement, though not to the 
 jurisdiction of the court. 
 
 See Comyn, Dig. "Abatement" (I 19, 20, 
 21), "Pleader" (D) ; 1 Chit. PI. 420; 1 Sel- 
 lon, Prac. 265; Bac. Abr. "Pleas" (C). 
 
 IMPARSONEE. One In possession of a 
 benefice. 
 
 IMPATRONIZATION. The act ot a patron 
 in putting one into possession of a benefice. 
 
 IMPEACH. To accuse; to question the 
 sufiiciency or genuineness of. 
 
 To proceed by impeachment (q. v.). 
 
 In the Law of Evidence. To call In 
 
 question the veracity of a witness, by means 
 of evidence adduced for that purpose. 
 
 IMPEACHMENT. 
 
 In English Law. 'The prosecution of a 
 
 peer or commoner by the house of commons 
 at the bar of the house of lords for treason, 
 high crimes, or misdemeanors. 6 Enc. Laws 
 Eng. 318. 
 
 In American Law. A proceeding 
 
 against a public civil oflBcer, ordinarily pros- 
 ecuted by the more numerous body of the 
 legislature at the bar of the other, for the 
 removal of such ofQcer from office. 
 
 In Practice. An attack on the testi- 
 
 moHy of a witness by showing his lack of 
 veracity. It is to be distinguished from 
 contradiction, which is an attack on tes 
 
 timony by showing that the facts at issue 
 are other than as testified to. 
 
 IMPEACHMENT OF WASTE. A restraint 
 from committing waste upon lands or tene- 
 ments; or a demand of compensation for 
 waste done by a tenant who has but a par- 
 ticular estate in the land graYited, and there- 
 fore no right to commit waste. 
 
 All tenants for life or any less estate are 
 liable to be impeached for waste, unless 
 they hold without impeachment of waste; 
 in the latter case they may commit waste 
 without being questioned, or any demand 
 for compensation for the waste done. 11 
 Coke, 82. 
 
 IMPECHIARE, or IMPESCARE (Law 
 Lat.) To impeach or accuse. CowelL 
 
 IMPEDIENS (Law Lat.) In old practice. 
 One who hinders; an impedient. The de- 
 fendant or deforciant in a fine was some- 
 times so called. Cowell; Blount. 
 
 IMPEOIMENTO. In Spanish law. A pro- 
 hibition to contract marriage, established by 
 law between certain persons. 
 
 The disabilities arising from this cause 
 are twofold, viz.: 
 
 (1) Impedimento dirimente, — such disa- 
 bilities as render the marriage null, al- 
 though contracted with the usual legal sol- 
 emnities. 
 
 Among these impediments, some are ab- 
 solute, others relative. The former cannot 
 be cured, and render the marriage radically 
 null; others may be removed by previous 
 dispensation. 
 
 (2) Impedimento, impediente, or prohib- 
 itivo, — such disabilities as impede the con- 
 tracting of a marriage, but do not annul 
 it when contracted. 
 
 For the effects of these impediments, see 
 Escriche, Diet. Raz. "Impedimente Frohib- 
 itivo." 
 
 IMPEDIMENTS. Legal hindrances to 
 making contracts. Some of these impedi- 
 ments are minority, want of reason, cover- 
 ture, and the like. See "Contract"; "In- 
 capacity." 
 
 In Civil Law. Bars to marriage. 
 
 (1) Absolute impediments are those which 
 prevent the person subject to them from 
 marrying at all, without either the nullity 
 of marriage or its being punishable. 
 
 (2) Dirimant impediments are those 
 which render a marriage void; as, where 
 one of the contracting parties is already 
 married to another person. 
 
 (8) Prohibitive impediments are those 
 which do not render the marriage null, 
 but subject the parties to a punishment. 
 
 (4) Relative impediments are those which 
 regard only certain persons with reeard to 
 each other; as, the marriage of a brother 
 to a sister. 
 
 IMPEDITOR (Law Lat.) In old English 
 law. A disturber in the action of quare imi- 
 pedU. St. Marlb. c. 12. 
 
IMPENSAE 
 
 506 
 
 IMPLEMENTS 
 
 IMPENSAE (Lat.) In civil law. Expense; 
 outlay. Divided into yiecessariae, for neces- 
 sity, utiles, for use, and voluptuariae, for 
 luxury. Dig. 79. 6. 14; Vocat. 
 
 IMPERATIVE. See "Mandatory." 
 
 IMPERATOR. Emperor. This was the ti- 
 tle of the Roman emperor and of the Eng- 
 lish kings before the Conquest. 1 BI. Comm. 
 242. 
 
 IMPERFECT OBLIGATIONS. Those 
 which are not, in view of the law, of bind- 
 ing force. 
 
 IMPERFECT TRUST. A trust which has 
 not been executed. See "Trust." 
 
 IMPERII MAJESTAS EST TUTELAE SA- 
 lus. The majesty of the empire is the safety 
 of its protection. Co. Litt. 64. 
 
 IMPERITIA. Unskillfulness. 
 
 IMPERITIA CULPAE AENUMERATUR. 
 Ignorance or want of skill is considered a 
 fault, i. e., a negligence, for which one who 
 professes skill is responsible. Dig. 60. 17. 
 132; 1 Bouv. Inst, note 1004; 2 Kent, Comm. 
 588; 4 Ark. 523. 
 
 IMPERITIA EST MAXIMA MECHANE- 
 orum poena. Lack of skill is the greatest 
 punishment of artisans. 11 Coke, 54a. 
 
 IMPERIUM. The right to command, which 
 includes the right to employ the force of 
 the state to enforce the laws. This is one 
 of the principal attributes of the power of 
 the executive. 1 TouUier, Dr. Civ. note 58. 
 
 IMPERSONALITAS NON CONCLUDIT 
 
 nee ligat. Impersonality neither concludes 
 nor binds. Co. Litt. 352. 
 
 IMPERTINENT (Lat. in, not, pertinena, 
 pertaining or relating to). 
 
 In Equity Pleading.. A term applied 
 
 to matters introduced into a bill, answer, or 
 other proceeding in a suit which are not 
 properly before the court for decision at 
 that particular stage of the suit.. 1 Sumn. 
 (U. S.) 506; 3 Story (U. S.) 13; 1 Paige, 
 Ch. (N. Y.) 555; 5 Blackf. (Ind.) 439. Im- 
 pertinent matter is not necessarily scandal- 
 ous; but all scandalous matter is imperti- 
 nent. 
 
 In Pleading at Law. A term applied 
 
 to matters not necessary to constitute the 
 cause of action or ground of defense. Cowp. 
 683; 5 East, 275; 2 Mass. 283. It consti- 
 tutes surplusage (g. v.). 
 
 — ^In Practice. A term applied to evi- 
 dence of facts which do not belong to the 
 matter in question. That which is imma- 
 terial is, in general, impertinent, and that 
 which is material is not, in general, imperti- 
 nent. 1 McClel. &• Y. 337. Impertinent mat- 
 ter in the interrogatories to witnesses or 
 their answers, in equity, will be expunged 
 after reference to a master at the cost of 
 the offending party. 2 Younge & C. 445. 
 
 IMPESCARE. See "Impechiare." 
 
 IMPETITIO VASTI. Impeachment of 
 waste (q. v.). 
 
 IMPETRARE (Lat.) In old English prac- 
 tice. To obtain by request, as a writ or 
 privilege. Bracton, fols. 57, 172b. This ap- 
 plication of the word seems to be derived 
 from the civil law. Calv. Lex. 
 
 IMPETRATION. The obtaining anything 
 by prayer or petition. In the ancient Eng- 
 lish statutes, it signifies a preobtaining of 
 churches benefices in England from the 
 church of Rome, which belonged to the gift 
 of the king or other lay patrons. 
 
 IMPIER. Umpire. 
 
 IMPIERMENT (Law Fr.) Impairing or 
 prejudicing, St. 23 Hen. VIII. c. 9. Blount; 
 Kdham. 
 
 I M PIG NO RATA (Law Lat.) Pledged; giv- 
 en in pledge (.pignori data) ; mortgaged. A 
 term applied in Bracton to land. Bracton, 
 fol. 20. 
 
 IMPIUS ET CRUDELIS JUDICANDUS 
 est qui libertatl non favet. He is to be 
 judged impious and cruel who does not 
 favor liberty. Co. Litt. 124. 
 
 IMPLACITARE (Law Lat. from in, into, 
 and placitum, a plea or suit). In old Eng- 
 lish law and practice. To subject to an 
 action, or pladtum; to implead or sue. 
 
 IMPLACITATUS (Law Lat.) Impleaded; 
 sued. 
 
 IMPLEAD. In practice. To sue or prose- 
 cute by due course of law. 9 Watts (Pa.) 
 47. 
 
 IMPLEADED (Lat. implaeitatus) . Sued 
 or prosecuted. Still used in practice. 
 
 The word is not synonymous with the ex- 
 pression "et al.," but when used in formal 
 pleadings and in court records the word 
 "impleaded" is properly used following the 
 name of a defendant when there is more 
 than one defendant and only one defendant 
 appears, to designate that there are defend- 
 ants other than the defendant who is then 
 present in court. 
 
 In actions where there are more defend- 
 ants than one and one answers, his name is 
 sometimes stated thus in the title of his an- 
 swer or plea: "Richard Roe, impleaded with 
 John Doe," signifying that the two are sued 
 together but one only interposed the plea. 
 260 111. 518, 519. 
 
 IMPLEMENTS (Lat. impleo, to fill). Such 
 things as are used or employed for a trade, 
 or furniture of a house. 11 Mete. (Mass.) 
 82. 
 
 Whatever may supply wants. Particular- 
 ly applied to tools, utensils, vessels, instru- 
 ments of labor; as, the implements of trade 
 or of husbandry. Webster. Things of neces- 
 sary use in any trade or mystery, without 
 
IMPLICATA 
 
 507 
 
 IMPOTENCE 
 
 which the work cannot be performed. Also, 
 the furniture of a house, as all household 
 goods and implements, such as tables, 
 presses, cupboards, etc. Termes de la Ley; 
 Jacob; Tomlins; Williams. 
 
 The term does not apply to animals. 5 
 Ark. 41; 11 Mete. (Mass.) 79. 
 
 IMPLICATA (Lat.) Small adventures for 
 which the freight contracted for is to be 
 received, although the cargo may be lost. 
 Targa, c. 34; Emerig. Mar. Loans, § 5. 
 
 IMPLICATION. An inference of some- 
 thing not directly declared, but arising from 
 what is admitted or expressed. See terms 
 defined under "Implied." 
 
 IMPLIED. Arising by intendment or In- 
 ference, rather than by actual expression 
 in words. 
 
 IMPLIED ABROGATION. See "Abroga- 
 tion." 
 
 IMPLIED ASSUMPSIT. See "Assumpsit." 
 
 IMPLIED CONDITION. See "Condition." 
 
 IMPLIED CONSIDERATION. See "Con- 
 sideration." 
 
 IMPLIED CONTRACT. See "Contract." 
 
 IMPLIED COVENANT. See "Covenant." 
 
 IMPLIED MALICE. Malice presumed or 
 implied by law from the acts of a party and 
 the circumstances of a case; malice inferred 
 from any deliberate, cruel act committed by 
 one person against another, however sud- 
 den. Whart. Horn. 38. 
 
 IMPLIED POWER. By an implied power 
 is meant one that is directly and immediate- 
 ly appropriate to the execution of the 
 specific power granted, and not one that 
 has slight or remote relation to it. 130 
 111. 268. 
 
 IMPLIED TRUST. See "Trust." 
 
 IMPLIED USE. See "Eesulting Use." 
 
 IMPLIED WARRANTY. See "Warranty." 
 
 IMPORTATION. In common law. The 
 act of bringing goods and merchandise into 
 a country from a foreign country. 5 
 Cranch (U. S.) 368; 9 Granch (U. S.) 104, 
 120; 2 Man. & G. 155, note (a). 
 
 IMPORTS. Goods or other property im- 
 ported or brought into a country from for- 
 eign territory. Story, Const. § 949. See 
 (U. S.) Const, art. 1, §10; 7 How. (U. S.) 
 
 477. 
 
 IMPORTUNITY. Urgent solicitation, with 
 troublesome frequency and pertinacity. 
 Generally applied to solicitation of a testa- 
 tor. Dane, Abr. c. 127, a. 14, s. 5, 6, 7; 2 
 Phillim. Ecc. 551, 552. 
 
 IMPOSITIO. (Lat.) In old English law. 
 An imposition, tax, or tribute. The older 
 expression was Tnaletot. Stat. Confirm. 
 Chartar. c. 7. 2 Inst, 530. 
 
 IMPOSITIONS. Imposts, taxes, or contri- 
 butions. 
 
 IMPOSSIBILITY. That which. In the con- 
 stitution and course of nature or the law, 
 no man can do or perform. 
 
 Impossibility is of the following several 
 sorts: 
 
 An act is physically impossible when it is 
 contrary to the course of nature. Such an 
 impossibility may be either absolute, i. e., 
 impossible in any case (e. g., for A. to reach 
 the moon), or relative (sometimes called 
 "impossibility in fact"), i. e., arising from 
 the circumstances of the case {e. g., for A. 
 to make a pajnnent to B., he being a de- 
 ceased person) . To the latter class belongs 
 what is sometimes called "practical impos- 
 sibility," which exists when the act can be 
 done, but only at an excessive or unreason- 
 able cost. An act is legally or juridically 
 impossible when a rule of law makes it im- 
 possible to do it; e. g., for A. to make a 
 valid will before his majority. This class 
 of acts must not be confounded with those 
 which are possible, although forbidden by 
 law, as to commit a theft. An act is 
 logically impossible when it is contrary to 
 the nature of the transaction, as where A. 
 gives property to B. expressly for his ovm 
 benefit, on condition that he transfers it to 
 C. Rapalje & L. 
 
 IMPOSSIBILIUM NULLA OBLIGATIO 
 est. There is no obligation to perform Im- 
 possible things. Dig. 50. 18. 185; 1 Poth. 
 Obi. pt. 1, c. 1, sec. 4, § 3; 2 Story, Eq. 
 Jur. (6th Ed.) 763; Broom, Leg. Max. (3d 
 London Ed.) 228. 
 
 IMPOSSIBLE CONTRACTS. Such con- 
 tracts as cannot be performed, either be- 
 cause of the nature of the obligation under- 
 taken, or because of some supervening event 
 which renders the performance of the obli- 
 gation either physically or legally impossi- 
 ble. 10 Am. & Eng. Enc. Law, 176. 
 
 IMPOSTS. Taxes, duties, or impositions. 
 A duty on imported goods or merchandise. 
 Federalist, No. 30; Elliott, Deb. 289; Story, 
 Const. § 949; 12 Wheaton (U. S.) 437. 
 
 In a larger sense it is any tax or im- 
 position. 7 Wallace (U. S.) 445. 
 
 IMPOTENCE. In medical jurisprudence. 
 The incapacity for copulation or propagat- 
 ing the species. It has also been used as 
 synonymous with "sterility." 
 
 The principal use of the term is as a 
 ground of divorce, and as so used it signi- 
 fies "the irremediable physical incapacity 
 of one of the parties to a marriage for any 
 reasonable sexual connection with the oth- 
 er." 1 Bish. Mar. & Div. § 766. 
 
 To avoid impotence, there must be capa- 
 city for "copula vera," copulation in its nat- 
 
IMPOTENS 
 
 608 
 
 IMPROVEMENT 
 
 ural and ordinary meaning, and not merely 
 of incipient and imperfect coition. 33 Md. 
 405. 
 
 IMPOTENS (Lat.) Unable; impotent; 
 without power or ability. Impotena sui, hav- 
 ing no power of himself, unable to help him- 
 self. Bracton, fol. 15; Fleta, lib. 3, c. 7, 
 « 1. 
 
 IMPOTENTIA (Lat) Inability; Impossi- 
 bility. 
 
 IMPOTENTIA EXCUSAT LEGEM. Impos- 
 sibility is an excuse in the law. Co. Litt. 
 29; Broom, Leg. Max. (3d London Ed.) 
 223. 
 
 IMPOTENTIAM. Impotence; Impossibil- 
 ity. 
 
 IMPOTENTIAM, PROPERTY PROPTER. 
 
 See "Property Propter Impotentiam." 
 
 IMPOUND. To place in a pound goods or 
 cattle distrained or estray. 3 Bl. Comm. 
 12. 
 
 IMPRESCRIPTIBILITY. The state of be- 
 ing incapable of prescription. 
 
 A property which is held in trust is im- 
 prescriptible, that is, the trustee cannot 
 acquire a title to it by prescription; nor 
 can the borrower of a thing get a right 
 to it by any lapse of time, unless he claims 
 an adverse right to it during the time re- 
 quired by law. 
 
 IMPRESCRIPTIBLE RIGHTS. Rights 
 to which no claim can be acquired by pre- 
 scription. 
 
 IMPRESSMENT. A power possessed by 
 the English crown of taking persons or 
 property to aid in the defense of the coun- 
 try, with or without the consent of the per- 
 sons concerned. It is usually exercised to 
 obtain hands for the queen's ships in time 
 of war, by taking seamen engaged in mer- 
 chant vessel,^ (1 Bl. Comm. 420; Maude & P. 
 Shipp. 123), but in former times impress- 
 ment of merchant ships was also practiced. 
 The admiralty issues protections against im- 
 pressment in certain cases, either under 
 statutes passed in favor of certain callings 
 (e. g., persons employed in the Greenland 
 fisheries), or voluntarily. Rapalje & L. 
 
 IMPRIMATUR (Lat.) A license or allow- 
 ance to one to print. 
 
 At one time, before a book could be print- 
 ed in England, it was requisite that a per- 
 mission should be obtained. That permis- 
 sion was called an imprimatur. In some 
 countries where the press is liable to cen- 
 sure, an imprimatur is required. 
 
 IMPRIMERY. In some of the ancient Eng- 
 lish statutes, this word is used to signify 
 a printing office, the art of printing, a print 
 or impression. 
 
 IMPRIMIS (Lat. in the first place). It is 
 commonly used to denote the first clause in 
 
 an instrument, especially in wills, item be- 
 ing used to denote the subsequent clauses. 
 This is also its classical and literal mean- 
 ing. Ainsworth. See Pleta, lib. 2, c. 54. 
 Imprimitiis and imprimum also occur. Du- 
 Cange, Free. Ch. 430; Gas. temp. Talb. 110: 
 6 Madd. 31; Magna Cart. 9 Hen. III.; 2 
 Anc. Inst. Eng. 506. 
 
 IMPRISONMENT. The restraint of a 
 man's liberty. 2 Bish. Grim. Law, § 669. 
 
 The restraint of a person contrary to his 
 will. 2 Inst. 589; 1 Baldw. (U. S.) 239, 
 600. Any forcible detention of a man's per- 
 son, or control over his movements. 3 Harr. 
 (Del.) 418. 
 
 Actual confinement is not essential, a for- 
 cible detention on the street being sufficient. 
 3 Bl. Comm. 127. Nor is actual manual 
 violence. 100 Mass. 79. 
 
 Words are sufficient to constitute an im- 
 prisonment, if they impose a restraint upon 
 the person, and the plaintiff is accordingly 
 restrained; for he is not obliged to incur 
 the risk of personal violence and insult by 
 resisting, until actual violence is used. 9 
 N. H. 493. 
 
 IMPRISTI. Followers or adherents. 
 
 IMPROBATION. In Scotch law. An act 
 by which falsehood and forgery are proved. 
 Ersk. Inst. 4. 119; Stair, Inst. 4. 20; Bell, , 
 Diet. 
 
 IMPROPER FEUDS. Derivative feuds, 
 such, for instance, as those that were orig- 
 inally bartered and sold to the feudatory for 
 a price, or were held upon base or less hon- 
 orable services, or upon a rent in lieu of 
 ^nilitary service, or were themselves alien- 
 able, without mutual license, or descended 
 indifferently to males or females, or other- 
 wise varied from the rules ordinarily per- 
 taining to feudal tenure. Wharton. 
 
 IMPROPRIATE RECTOR. A lay rector. 
 
 IMPROPRIATE TITHES. Tithes in the 
 hands of a lay owner. 
 
 IMPROPRIATION. In ecclesiastical law. 
 The act of employing the revenues of a 
 church living to one's own use. It is also a 
 parsonage or ecclesiastical living in the 
 hands of a layman, or which descends by 
 inheritance. Tech. Diet. 
 
 IMPROVE. TO impeach as false or forged; 
 to cultivate. 4 Cow. (N. Y.) 190. 
 
 In Scotch Law. To improve a lease 
 
 means to grant a lease of unusual duration 
 to encourage a tenant, when the soil is ex- 
 hausted, etc. Bell, Diet.; Stair, Inst. p. 676, 
 § 23. 
 
 IMPROVEMENT. An amelioration in the 
 condition of real or personal property ef- 
 fected by the expenditure of labor or money 
 for the purpose of rendering it useful for 
 other purposes than those for which it was 
 originally used, or more useful for the same 
 purposes. 
 
IMPRUIARE 
 
 60» 
 
 IN AEQUAH JURE MELIOR 
 
 —In Patent Law. An addition of some 
 useful thing to a machine, manufacture, or 
 composition of matter. 
 
 The patent law of July 4, 1836, authorizes 
 the granting of a patent for any new and 
 useful improvement on any art, machine, 
 manufacture, or composition of matter. 
 Section 6, It is often very difficult to say 
 what is a new and useful improvement, the 
 cases often approaching very near to each 
 other. In the present improved state of 
 machinery it is almost impracticable not to 
 employ the same elements of motion, and, in 
 some particulars, the same manner of opera- 
 tion, to pr6duce any new effect. 1 Gall. (U. 
 S.) 478; 2 Gall. (U. S.) 51. See 4 Barn. 
 & Aid. 540; 2 Kent, Comm. 370. 
 
 IMPRUIARE (Law Lat.) In old rfecords. 
 To improve land. Impruiamentum, the im- 
 provement so made of it. Chart. Abbat. MS. 
 fol. 50a; Cowell. 
 
 IMPUBER (Lat.) In civil law. One who 
 is more than seven years old, or out of 
 infancy, and who has not attained the age 
 of puberty; that is, if a boy, till he has at- 
 tained his full age of fourteen years, and, 
 if a girl, her full age of twelve years. Do- 
 mat, Liv. Prel. tit. 2, § 2, note 8. 
 
 1MPUNITAS CONTINUUM AFFECTUM 
 tribuit delmquenti. Impunity offers a con- 
 tinual bait to a delinquent. 4 Coke, 45. 
 
 IMPUNITAS SEMPER AD DETERIORA 
 invitat. Impunity always invites to greater 
 crimes. 5 Coke, 109. 
 
 IMPUTATIO (Lat.) In civU law. Legal 
 liability. 
 
 IMPUTATION OF PAYMENT. In civil 
 law. The application of a payment made by 
 a debtor to his creditor. 
 
 The debtor may apply his payment as he 
 pleases, with the exception that in case of 
 a debt carrying interest it must be first 
 applied to discharging the interest. 
 
 The creditor may apply the funds by 
 informing the debtor at the time of pay- 
 ment. 
 
 The law imputes in the neglect of the 
 parties to do so, and in favor of the debtor. 
 It directs that imputation which would have 
 been best for the debtor at the time of pay- 
 ment. Hence it applies the funds to obliga- 
 tions most burdensome to the debtor; e. g., 
 to a mortgage rather than to a book ac- 
 count, and to a debt which would render the 
 debtor insolvent if unpaid, rather than to 
 any less important one. If nothing else ap- 
 pears to control it, the rule of priority pre- 
 vails. 
 
 In Louisiana the preceding civil law rules 
 are in force. The statutory enactment (Civ. 
 Code, art. 2159 et seq.) is a translation of 
 the Code Napoleon (articles 1253-1256), 
 slightly altered. See Poth. Obi. note 528, 
 Translation by Evans, and the notes. Pay- 
 ment is imputed first to the discharge of 
 interest. 1 Mart. (La.; N. S.) 571; 10 Bob. 
 
 (La.) 51; 5 La. Ann. 738. But if the inter- 
 est was not binding, being usurious, the 
 payment must go to the principal. 
 
 IMPUTED NEGLIGENCE. Negligence of 
 another than the injured person contribut- 
 ing to the injury, and imputed to him by 
 law. As a general rule, contributory neg- 
 ligence will be imputed to another than the 
 negligent person, so as to bar an action by 
 such other for injuries received by him (1) 
 if the negligent person was under the di- 
 rection and control of the injured person (38 
 Me. 443), or (2) where the injured person 
 is not sui juris, and the negligent person is 
 responsible for him as parent or guardian. 
 75 Pa. St. 257. 
 
 IN (Law Fr. eins). A term used, from a 
 very early period, to. express the nature of 
 a title, or the mode of acquiring an estate, 
 or the ground upon which a seisin U found- 
 ed. Thus, in Littleton, a tenant is said to 
 be "in by lease of his lessor" (eins per lease 
 son lessor) , that is, his title or estate is de- 
 rived from the lease. Litt. § 82. So, par- 
 ceners are said to be "in by divers de- 
 scents." Id. § 313. So, the issue of a hus- 
 band is said to be "in by descent" (eins per 
 discent) . Id. § 403. So, two sisters are said 
 to be "in by divers titles," Id. i 662. So, 
 in modern law, parties are constantly said 
 in the books to be "in by descent," "in by 
 purchase." A dowress is said to be "in, of 
 the seisin of her husband." 4 Kent, Comm. 
 69. A devisor is said to be "in, of his old 
 estate." 1 Powell, Devises (by Jarman) 
 621, note. So, a lessor. Shaw, C. J., 1 Mete. 
 (Mass.) 120. "If he has a freehold, he is 
 in as freeholder. If he has a chattel in- 
 terest, he is in as a termor. If he has no 
 title, he is in as a trespasser." Lord Mans- 
 field, 1 Burrows, 114. 
 
 IN ACTION. A thing is said to be In ac- 
 tion when it is not in possession, and for 
 its recovery, the possessor unwilling, an ac- 
 tion is necessary. 2 Sharswood, Bl. Comm. 
 396. See "Chose." 
 
 IN ADVERSUM (Law Lat.) Against an 
 adverse, unwilling, or resisting party. "A 
 decree not by consent, but m adverswm." 3 
 Story (U. S.) 318. 
 
 IN AEDIFICIIS LAPIS MALE POSITUS 
 non est removendus. In buildings, a stone 
 badly placed is not to be removed. 11 Coke, 
 69. 
 
 IN AEQUA (or AEQUALl) MANU (Law 
 Lat.; Law Fr. en owele mayn). In equal 
 hand; held equally or indifferently between 
 two parties. Where an instrument was de- 
 posited by the parties to it in the hands of 
 a third person, to keep on certain condi- 
 tions, it was said to be held in aequali 
 manu. Reg. Orig. 28. 
 
 IN AEQUALI JURE (Lat.) In equal right. 
 
 IN AEQUALI JURE MELIOR EST CON- 
 ditio possidentis. When the parties have 
 
IN ALIENO SOLO 
 
 510 
 
 IN CHIEF 
 
 equal rights, the condition of the possessor 
 is the better. Mitf. Eq. PL 215; Jeremy, 
 Eq. Jur. 285; 1 Madd. Ch. Prac. 170; Dig. 
 50. 17. 128; Broom, Leg. Max. (3d London 
 Ed.) 634; Plowd. 296. 
 
 IN ALIENO SOLO (Lat.) In another's 
 land. 2 Steph. Comm. 20. 
 
 IN ALIO LOCO. See "Cepit in Alio Loco." 
 
 IN ALTA PRODITIONE NULLUS PO- 
 test esse accessorius sed principalis solum- 
 modo. In high treason, no one can be an 
 accessary, but only principal. 3 Inst. 138. 
 
 IN ALTERNATIVIS ELECTIO EST DE- 
 bitoris. In alternatives, the debtor has the 
 election. 
 
 IN AMBIGUA VOCE LEGIS EA POTIUS 
 acclpienda est significatio, quae vitio caret; 
 praesertim cum etiam voluntas legis ex hoc 
 colllgl posslt. When obscurities, ambiguities, 
 or faults of expression render the meaning 
 of an enactment doubtful, that interpreta- 
 tion shall be preferred which is most conso- 
 nant to equity, especially where it is in con- 
 formity with the general design of the legis- 
 latura Dig. 1. 3. 19; Broom, Leg. Max.. (3d 
 London Ed.) 513; Bac. Max. reg. 3; 2 Inst. 
 173. 
 
 IN AMBIGUIS CASIBUS SEMPER 
 praesumltur pro rege. In doubtful cases, the 
 presumption is always in favor of the king. 
 
 IN AMBIGUIS ORATIONIBUS MAXIME 
 sententia spectanda est ejus qui eas protu- 
 lisset. When there are ambiguous expres- 
 sions, the intention of him who uses them is 
 especially to be regarded. This maxim of 
 Roman law was confined to wills. Dig. 50. 
 17. 96; Broom, Leg. Max. (3d London Ed.) 
 506. 
 
 IN ANGLIA NON EST INTERREGNUM. 
 
 In England there is no interregnum. Jenk. 
 Cent. Cas. 205; Broom, Leg. Max. 50. 
 
 IN APERTA LUCE (Law Lat.) In open 
 daylight; in the daytime. 9 Coke, 65b. 
 
 IN APICIBUS JURIS. Among the subtle- 
 ties or extreme doctrines of the law. 1 
 Kames, Eq. 190. See "Apex Juris." 
 
 IN ARBITRIUM JUDICIS. In the discre- 
 tion of the court. 
 
 IN ARCTA ET SALVA CUSTODIA (Law 
 Lat.) In close and safe custody. 3 Bl. 
 Comm. 415. 
 
 IN ARTICULO MORTIS. In the article 
 of death; at the point of death. 1 Johns. 
 (N. Y.) 159. 
 
 IN ATROCIORIBUS DELICTIS PUNITUR 
 affectus licet non sequatur effectus. In more 
 atrocious crimes, the intent is punished, 
 though the effect does not follow. 2 Kolle, 
 89. 
 
 IN AUTER SOILE. (Law Fr.) In or on an- 
 other's land. Dyer, 36b (Fr. ed.) 
 
 IN AUTRE DROIT (Law Fr.) In another's 
 right; as representing another. An execu- 
 tor, administrator, or trustee sues in autre 
 droit. 
 
 IN BANCO (Law Lat.) In bank; in the 
 bench. See "Banc." 
 
 IN BLANK. Without restriction. Applied 
 to indorsements on promissory notes where 
 no indorsee is named. 
 
 IN BONIS (Lat.) Among the goods or 
 property; in actual possession. Inst. 4. 2. 2; 
 Tayl. Civ. Law, 479. 
 
 IN CAMERA. In private; in chambers. 
 
 IN CAPITA (Lat.) To or by the heads or 
 polls. Thus, where persons succeed to es- 
 tates in capita, they take each an equal 
 share. So, where a challenge to a jury is 
 in capita, it is to the polls, or to the jurors 
 individually, as opposed to a challenge to 
 the array. 3 Sharswood, Bl. Comm. 361. 
 Per capita is also used. 
 
 IN CAPITE (Lat.) In chief. A tenant 
 in capite was one who held directly of the 
 crown (2 Sharswood, Bl. Comm. 60), wheth- 
 er by knight's service or socaga But ten- 
 ure in capite was of two kinds, — general and 
 special; the first from the king (caput 
 regni), the second from a lord (caput- 
 feudi). A holding of an honor in king's 
 lands, but not immediately of him, was yet 
 a holding in capite. Kitch. Cts. 127; Dyer, 
 44; Fitzh. Nat. Brev. 5. Abolished by 12 
 Car. II. c. 24. 
 
 IN CASU EXTREMAE NECESSITATIS 
 omnia sunt communla. In cases of extreme 
 necessity, everything is in common. Hale, 
 P. C. 54; Broom, Leg. Max. 1. 
 
 IN CASU PROVISO (Law Lat.) In a (or 
 the) case provided. In tali casu editum et 
 provisum, in such case made and provided. 
 Towns. PL 164, 165. 
 
 IN CAUSA. In the cause, as distinguished 
 from in initialibus (q.v.). A term in Scotch 
 practice. 1 Brown, (5h. 252. 
 
 IN CHIEF. Principal; primary; directly 
 obtained. A term applied to the evidence 
 obtained from a witness upon his examina- 
 tion in court by the party producing him, 
 in relation to the matter in issue at the 
 trial. The examination so conducted for 
 this purpose. 
 
 Evidence or examination in chief is to be 
 distinguished from evidence given on cross- 
 examination, and from evidence given upon 
 the voir di/re. 
 
 Evidence in chief should be confined to 
 such matters as the pleadings and the open- 
 ing warrant, and a departure from this rule 
 vail be sometimes highly inconvenient, if 
 not fataL Suppose, for example, that two 
 
IN CIVILIBUS MINISTERIUM 
 
 511 
 
 IN CUSTODIA LEGIS 
 
 assaults have been committed, one in Jan- 
 uary and the other in February, and the 
 plaintiff prove his cause of action to have 
 been the assault in January; he cannot 
 abandon that, and afterwards prove an- 
 other committed in February, unless the 
 pleadings and openings extend to both. 1 
 Carapb. 473. See, also, 6 Car. & P. 73; 1 
 Moody & R. 282. 
 
 This matter, however, is one of practice; 
 and a great variety of rules exist in the 
 different states of the United States, the 
 leading object, however, being in all cases 
 the same, — to prevent the plaintiff from in- 
 troducing in evidence a different case from 
 the one which he had prepared the defend- 
 ant to expect from the pleadmgs. 
 
 IN CIVILIBUS MINISTERIUM EXCU- 
 sat, in-criminalibus non Item. In civil mat- 
 ters, agency or service excuses, but not so 
 in criminal matters. Lofft, 228; Tray. Lat. 
 Max. 243. 
 
 IN CLARIS NON EST LOCUS CONJEC- 
 turls. In things obvious there is no room for 
 conjecture. 
 
 IN COMMENDAM (Lat.) The state or 
 condition of a church living which is void 
 or vacant, and which is commended to the 
 care of some one. In Louisiana there is a 
 species of partnership called "partnership 
 in commendam." See "Commendam." 
 
 IN COMMODATO HAEC PACTIO, NE 
 dolus praestetur, rata non est. If in a, con- 
 tract for a loan there is inserted a clause 
 that fraud should not be accounted of, such 
 clause is void. Dig. 13. 7. 17. 
 
 IN COMMUNI (Law Lat.) In common. 
 Pleta, lib. 3, c. 4, § 2. 
 
 IN CONJUNCTIVIS, OPORTET UTRAM- 
 que partem esse veram. In conjunctives, 
 each part must be true. Wingate, Max. 13. 
 
 IN CONSIDERATIONE INDE (Law Lat.) 
 In consideration thereof. 3 Salk. 64, pi. 5. 
 
 IN CONSIDERATIONE LEGIS (Law Lat.) 
 In consideration or contemplation of law; in 
 abeyance. Dyer, 102b. 
 
 IN CONSIDERATIONE PRAEMISSORUM 
 (Law Lat.) In consideration of the prem- 
 ises. 1 Strange, 535. 
 
 IN CONSIMILI CASU CONSIMILE DE- 
 bet esse remedium. In similar cases, the 
 remedy should be similar. Hardr. 65. 
 
 IN CONSUETUDINIBUS NON DIUTUR- 
 nltas temporis sed sollditas ration Is est con- 
 slderanda. In customs, not the length of 
 time, but the strength of the reason, should 
 be considered. Co. Litt. 141, 
 
 IN CONTINENTI (Lat.) Immediately; 
 without any interval or intermission. Calv. 
 Lex. Sometimes written as one word, in- 
 continenti. 
 
 IN CONTRACTIBUS, BENIGNA; IN TES- 
 tamentls, benlgnlor; in restltutlonibus, be- 
 nignlsslma interpretatio faclenda est. In con- 
 tracts, the interpretation or construction 
 should be liberal; in wills, more liberal; in 
 restitutions, most liberal. Co, Litt. li2a. 
 
 IN CONTRACTIBUS, REI VERITAS PO- 
 tius quam scriptura perspici debet. In con- 
 tracts, the truth of the matter ought to be 
 regarded, rather than the writing. Code, 
 4. 22. 1. 
 
 IN CONTRACTIBUS TACITE INSUNT 
 quae sunt moris et consuetudlnls. In con- 
 tracts, those things which are of custom 
 and usage are tacitly implied. Broom, Leg. 
 Max, (3d London Ed.) 759; 3 Bing. N. C. 
 814, 818; Story, Bills, § 143; 3 Kent, Conma. 
 260. 
 
 IN CONTRAHENDA VENDITIONE, AM- 
 biguum pactum contra vendltorem Interpre- 
 tandum est. In negotiating a sale, an am- 
 biguous agreement is to be interpreted 
 against the seller. Dig. 50. 17. 172; Id. 18, 
 1, 21. 
 
 IN CONVENTIONIBUS CONTRAHENTI- 
 um voluntatem potius quam verba spectari 
 placuit. In agreements, the rule is to re- 
 gard the intention of the contracting par- 
 ties, rather than their words. Dig. 50. 16. 
 219; 2 Kent, Comm. 555; Broom, Leg. Max. 
 (3d London Ed.) 491; 17 Johns. (N. Y.) 
 150. 
 
 IN CORPORE (Lat.) In body or sub- 
 stance; in a material thing or object. Sive 
 consistant in corpore, sive in jure, whether 
 they consist in or belong to a material ob- 
 ject, or a mere right. Bracton, fol. 37b. 
 
 IN CRASTINO (Law Lat.) On the mor- 
 row. In crastino Animarwm, on the morrow 
 of All Souls. 1 Bl. Comm. 342. 
 
 IN CRIMINALIBUS, PROBATIONES DE- 
 bent esse luce clariores. In criminal cases, 
 the proofs ought to be clearer than the light. 
 3 Inst. 210. 
 
 IN CRIMINALIBUS SUFFICIT GENERA- 
 lls malltia intentlonis cum facto paris gra- 
 dus. In criminal cases, a general malice of 
 intention is sufHcient, with an act of equal 
 or corresponding degree. Bac. Max. reg. 
 15; Broom, Leg. Max. (3d London Ed.) 291. 
 
 IN CRIMINALIBUS VOLUNTAS REPU- 
 tabitur pro facto. In criminal acts, the will 
 will be taken for the deed. 3 Inst. 106. 
 
 IN CUJUS REI TESTIMONIUM. In testi- 
 mony whereof. 
 
 IN CUSTODIA LEGIS. In the custody of 
 the law. A term applied to property which 
 has been lawfully seized by or committed to 
 the care of an officer of a court for some 
 purpose incident to an action. 10 Pet. (U. 
 S.) 400. The property must be legally held 
 by the officer. Thus, where the clerk of 
 
IN DELICTO 
 
 512 
 
 IN (or EN) FAIT 
 
 court received money paid in to keep a ten- 
 der good, without an order to that effect, it 
 was held that the money was not in eustodia 
 legis. 49 Minn. 133. 
 
 IN DELICTO. In fault; culpable; guilty. 
 See "In Pari Delicto." 
 
 IN DIEM. (Lat.) For a day; for the space 
 of a day. Calv. Lex. Spiegelius. 
 
 On, or at a day. In diem debitum; a debt 
 due at a certain day. Calv. Lex. Brissonius. 
 
 IN DISJUNCTIVIS SUFFICIT ALTERAM 
 partem esse veram. In disjunctives, it is 
 sufficient if either part be true. Wingate, 
 Max. 13; Co. Litt. 225a; 10 Coke,' 50; Dig. 
 50. 17. 110. 
 
 IN DOMINICO (Law Lat.) In demesne. 
 In dominico suo, ut de feodo, in his demesne 
 as of fee. Bracton, fols. 253b, 261b; Fleta, 
 lib. 2, c. 54, § 18; 1 Reeve, Hist. Eng. Law, 
 428; Co. Litt. 17a; 2 Bl. Comm. 105, 106. 
 
 IN DORSO. On the back. 2 Bl. Comm. 
 468; 2 Steph. Comm. 164. In dorso reeordi, 
 on the back of the record. 5 Coke, 45, 
 Hence the English "indorse," "indorsement," 
 etc. 
 
 IN DUB I IS (Lat.) In doubtful cases; in 
 matters Or cases of doubt. 
 
 IN DUBIIS BENIGNIORA PRAEFEREN 
 da sunt. In doubtful matters, the more far 
 vorable are to be preferred. Dig. 50. 17. 56 ; 
 2 Kent, Comm. 557. 
 
 IN DUBIIS MAGIS DIGNUM EST ACCIP- 
 lendum. In doubtful cases, the more wor- 
 thy is to be taken. Branch, Princ. 
 
 IN DUBIIS NON PRAESUMITUR PRO 
 testamento. In doubtful cases, there is no 
 presumption in favor of the will. Cro. Car. 
 61. 
 
 IN DUB 10 (Lat.) In doubt; in a state of 
 uncertainty; in a doubtful case. 
 
 IN DUBIO HAEC LEGIS CONSTRUCTIO 
 quam verba ostendunt. In a doubtful case, 
 that is the construction of the law which 
 the words indicate. 
 
 IN DUBIO PARS MELIOR EST SEQUEN- 
 da. In doubt, the gentler course is to be fol- 
 lowed. 
 
 IN DUBIO SEQUENDUM QUOD TUTIUS 
 est. In doubt, the safer course is to be 
 adopted. 
 
 IN DUPLO. In double. Damna in duplo, 
 double damages. Fleta, lib. 4, c. 10, § 1. 
 
 IN EADEM CAUSA (Lat.) In the same 
 state or condition. OaJv. Lex, 
 
 IN EMULATIONEM VICINI (La/t.) In 
 envy or hatred of a neighbor. Where an 
 act is done, or action brought, solely to 
 hurt or distress another, it is said to be 
 in emulationem vicini. 1 Kames, Eq. 56. 
 
 IN EO QUOD PLUS SIT SEMPER INEST 
 et minus. The less is always Included in the 
 greater. Dig. BO. 17. 110. 
 
 IN EQUITY. According to equitable doc- 
 trines. 
 
 IN ESSE (Lat.) In being; in existence. 
 An event which may happen is in posse; 
 when it has happened, it is in ease. The 
 term is often used of liens or estates. A 
 child in its mother's womb is, for some pur- 
 poses, regarded as in esse. 
 
 IN EXCAMBIO (Law Lat.) In exchange. 
 Formal words in old deeds of exchange. 
 
 IN EX ITU (Lat.) In issue. De materia 
 in exitu, of the matter in issue. 12 Mod. 
 372. 
 
 IN EXPOSITIONS INSTRUMENTORUM, 
 mala grammatica, quod fieri potest, vitanda 
 est. In the construction of instruments, bad 
 grammar is to be avoided as much as pos- 
 sible. 6 Coke, 39; 2 Pars. Cont. 26. 
 
 IN EXTENSO. At length; in full. 
 
 IN EXTREMIS (Lat.) At the very end; 
 in the last moments. 
 
 IN FACIE CURIAE (Law Lat.) In the face 
 of the court. Dyer, 28. 
 
 IN FACIE ECCLESIAE (Lat.) In the face 
 or presence of the church, A marriage is 
 said to be made in facie ecclesiae when biade 
 in a consecrated church or chapel, or by a 
 clerk in orders elsewhere; and one of these 
 two things is necessary to a marriage in 
 England in order to the wife's having 
 dower, unless there be a dispensation or 
 license. Bright, Husb. & Wife, pp. 370, 871, 
 391. But see 6 & 7 Wm. IV. c. 85; 1 Vict, 
 c. 22 ; 3 & 4 Vict. c. 72. It was anciently , 
 the practice to marry at the church door, 
 and there make a verbal assignment- of 
 dower. 'These verbal assignments, to pre- 
 vent fraud, were necessarily held valid only 
 when made in fade et ad ostium eoelesiae. 
 See 2 Sharswood, Bl. Comm. 103; Taylor. 
 
 IN FACIENDO (Lat.) In doing. Story, 
 Eq. Jur. § 1308. 
 
 IN FACT. Actual; not based on legal fic- 
 tion or intendment of law. 
 
 IN FACTO In fact; in deed. In faeto 
 dicit, in fact says. 1 Salk. 22, pi. 1. 
 Depending on faet. Calv. Lex. 
 
 IN FAOTO QUOD 8E HABET AD BO- 
 num et malum magle de bono quam de male 
 lex Intendlt. In a deed which may be con- 
 sidered good or bad, the law looks more to 
 the good than tti the bad. Co. Litt. 78. 
 
 IN (8r EN) FAIT (Law R-.) In facti In 
 de%d. Lord Coke distinguishes "matters di 
 record" from "matters in fait." Co. Litt 
 380b. 
 
IN FAVORABILIBUS 
 
 513 
 
 IN GENERE 
 
 IN FAV0RABILIBU3 MAGIS ATTENDI- 
 tur quod prodest quam quod nocet. In things 
 favored, what does good is more regarded 
 than what does harm. Bac. Max. reg. 12. 
 
 IN FAVOREM LIBERATI8 (Lat) In 
 favor of liberty. 
 
 IN FAVOREM VITAE (Lat) In favor of 
 life. 
 
 IN FAVOREM VITAE, LIBERTATIS, ET 
 Innooentiae omnia praesumuntur. In favor 
 of life, liberty, and innocence, all things are 
 to be presumed. Lofft, 125. 
 
 IN FEODO (Law Lat.) In fee. Bracton, 
 fol. 207; Fleta, lib. 2, c. 64, § 15. Seisitiis 
 in feodo, seised in fee. Fleta, lib. 3, e, 7, 
 § 1. 
 
 IN FICTIONE JURIS SEMPER AEQUI- 
 tas existit. A legal fiction is always consist- 
 ent with equity. 11 Coke, 51; Broom, Leg. 
 Max. (3d London Ed.) 120, 123; 17 Johns. 
 (N. Y.) 348; 3 Bl. Comm. 43, 283. 
 
 IN FIERI (Lat.) In being done; In pro- 
 cess of completion. A thing is said to rest 
 in fieri when it is not yet complete; e. g., 
 the records of a court were anciently held 
 to be in fi^ri, or incomplete, till they were 
 recorded on parchment, but now till the 
 giving of judgment, after which they can 
 be amended only during the same term. 2 
 Bam. & Adol. 791; 3 Sharswood, Bl. Comm. 
 407. It is also used of contracts. 
 
 IN FINE. At the end. 
 
 IN FORMA PAUPERIS (Lat.) In the 
 character or form of a poor man. 
 
 When a person is so poor that he cannot 
 bear the charges of suing at law or in 
 equity, upon making oath that he is not 
 worth iive pounds, and bringing a certifi- 
 cate from a counsellor at law that he believes 
 him to have a just cause, he is permitted 
 to sue in forma pauperis, in the manner 
 of a pauper; that is, he is allowed to 
 have original writs and subpoenas gratis, 
 and counsel assigned him without fee. 3 
 Bl. Comm. 400. And in most if not all 
 the states, provision is made by statute for 
 suing in forma pauperis, the manner of 
 obtaining such privilege varying with the 
 statutes. See 3 Johns. Ch. (N. Y.) 65; 1 
 Paige, Ch. (N. Y.) 588; 3 Paige, Ch. (N. 
 Y.) 273; 5 Paige, Ch. (N. Y.) 58; 2 Mol- 
 loy, 475. 
 
 IN FORMA PRAEDICTA (Law Lat.) In 
 form aforesaid. Perk. o. 8, § 242. 
 
 IN FORO (Lat.) In a (or tte) forum, 
 court, or tribunal. 
 
 IN FORO CONSCIENTIAE (Lat) Before 
 the tribunal of conscience; conscientiously. 
 The term is applied to moral obligations, as 
 distinct from the obligations which the law 
 enforces. In the sale of property, for exam- 
 ple, the concealment of facts, by the vendee 
 
 which may enhance the price is wrong in 
 faro eonscientiae, but there is no legal obli- 
 gation on the part of the vendee to disclose 
 them, and the contract will be good if not 
 vitiated by fraud. Poth. Vente. pt. 2, c. 2, 
 note 233; 2 Wheat. (U. S.) 185, note (c). 
 
 IN FORO CONTENTIOSO. In the forum 
 of contention or litigation. 
 
 IN FORO ECCLESIATICO (Law Lat.) In 
 an ecclesiastical forum; in the ecclesiastical 
 court. Fleta, lib. 2, c. 57, § 13. 
 
 IN FORO SAECULARI (Law Lat.) In a 
 secular forum or court. Fleta, lib. 2, c. 57, 
 § 14; 1 Bl. Comm. 20. 
 
 IN FRAUDEM CREDITORUM (Lat.) In 
 fraud of creditors; with intent to defraud 
 creditors. Inst. 1. 6. pr. 3. 
 
 IN FRAUDEM LEGIS (Lat.) In fraud of 
 the law; contrary to law. Taylor. Using 
 process of law for a fraudulent purpose; 
 and if a person gets an afiidavit of service 
 of declaration in ejectment, and thereupon 
 gets judgment, and turns the tenant out, 
 when he has no manner of title in a house, 
 he is liable as a felon, for he used the pro- 
 cess of law in fraudem legis. 1 Ld. Eaym. 
 276; Sid. 254. 
 
 An act done in fraudem legis cannot give 
 right of action in the courts of the coun- 
 try whose laws are evaded. 1 Johns. (N. 
 Y.) 433. 
 
 IN FULL LIFE. Neither physically nor 
 civilly dead. The term "life" alone has also 
 been taken in the same sense, as including 
 natural and civil life; e. g., a lease made to 
 a person "during life" is determined by a 
 civil death, but if "during natural life," it 
 would be otherwise. 2 Coke, 48. It is a 
 translation of the French phrase en plein 
 vie. Law Fr. Diet. 
 
 IN FUTURO (Lat.) In future; at a fu- 
 ture time; the opposite of in praesenti. 2 
 Bl. Comm. 166, 175. 
 
 IN GENERALI PASSAGIO (Law Lat.) In 
 the general passage; passagium being a 
 journey, or, more properly, a voyage, and 
 especially when used alone or with the ad- 
 jectives magnum, generate, etc., — the jour- 
 ney to Jerusalem of a crusader, especially 
 of a king. 36 Hen. III.; 3 Prynne, Collect. 
 767; Du Can^e. 
 
 In generalt passagio was an excuse for 
 nonappearance in a suit, which put off the 
 hearing sine die; but in simplidi peregrinO' 
 Uone or passagio — i, e., being absent on a 
 private pilgrimage to the Holy Land — put 
 off the hearing for a shorter time. Brac- 
 ton, S38. 
 
 IN GENERALIBUS VERSATUR ERROR. 
 Error dwells in general expressions. 3 
 Sumn. (U. S.) 290. 
 
 IN GENERE (Lat.) In kind; of the same 
 kind. Things which, when bailed, ma-y be 
 
IN GENERE 
 
 514 
 
 IN JURE ALTERIUS 
 
 restored in genere, as distinguished from 
 those which must be returned in specie, or 
 specifically, are called fungibles. Kaufm. 
 Mackeld. Civ. Law, § 148, note. 
 
 Heinec. Elem. Jur. Civ. § 619, defines 
 genus as what the philosophers call "spe- 
 cies," viz., a kind. See Dig. 12. 1. 2. 1. 
 
 IN GENERE QUICUNQUE ALIQUID Dl- 
 
 cit, sive actor sive reus, necesse est ut pro- 
 bat. In general, whoever says anything, 
 whether plaintiff or defendant, must prove 
 it. Best, Ev. 294, § 252. 
 
 IN GREMIO LEGIS (Lat. in the bosom of 
 the law). This is a figurative expression, 
 by which is meant that the subject is under 
 the protection of the law; as, where land 
 is in ab,eyance. 
 
 IN GROSS. At large; not appurtenant or 
 appendant, but annexed to a man's person, 
 e. g., common granted to a man and his 
 heirs by deed is common in gross; or com- 
 mon in gross may be claimed by prescriptive 
 right. 2 Bl. Comm. 34. 
 
 IN HAC PARTE (Law Lat.) In this be- 
 half. Reg. Orig. 25. 
 
 IN HAEC VERBA. In these words; in the 
 same words. Dig. 34. 4. 30. 
 
 IN HAEREDES NON SOLENT TRANSI- 
 re actiones quae poenales ex maieficio sunt. 
 Penal actions arising from anything of a 
 criminal nature do not pass to heirs. 2 
 Inst. 442, 
 
 IN HIS ENIM QUAE SUNT FAVORA- 
 bilia animae, quamvis sunt dan^nosa rebus, 
 fiat allquando extentio statuti. In things that 
 are favorable to the spirit, though injurious 
 to property, an extension of the statute 
 should be sometimes made. 10 Coke, 101. 
 
 IN HIS QUAE DE JURE COMMUNI OM- 
 nlbus conceduntur, consuetude alicujus pa- 
 triae vei loci non est alleganda. In those 
 things which, by common right, are conced- 
 ed to all, the custom of a particular country 
 or place is not to be alleged. 11 Coke, 85. 
 
 IN HOC. In this. 
 
 IN IISDEM TERIVIINIS (Lat.) In the same 
 terms. 9 East, 487. 
 
 IN INDIVIDUO (Law Lat.) In the dis- 
 tinct, identical, or individual form; in spe- 
 cie. Story, Bailm. § 97. 
 
 In special; particular. 
 
 IN INFINITUM. Infinitely or indefinitely. 
 
 IN INITIALIBUS (Lat.) In Scotch law. 
 In the preliminaries. Before a witness is ex- 
 amined as to the cause in which he is to 
 testify, he must deny bearing malice or ill 
 will, being instructed what to say, or hav- 
 ing been bribed, and these matters are called 
 initialia testimonii, and the examination on 
 them is said to be in initialibus. It is sim- 
 ilar to our voir dire. Bell, Diet. "Initialia 
 
 Testimonii"; Ersk. Inst. p. 451; Halk. Tech. 
 Terms. 
 
 IN INITIO (Lat.) In or at the beginning. 
 In initio litis, at the beginning, or in the 
 first stage of the suit. Bracton, fol. 400. 
 
 IN INTEGRUM (Lat.) The original con- 
 dition. See "Restitutio in Integram." Vi- 
 cat, "Integer." 
 
 IN INVITUM (Lat.) Unwillingly. Tay- 
 lor. Against an unwilling party, or one 
 who has not given his consent, by operation 
 of law. Wharton. 
 
 IN IPSIS FAUCIBUS (Lat.) In the 
 very throat or entrance. In ipsis faucibus 
 of a port, actually entering a port. 1 C. 
 Rob. Adm. 283. 234. 
 
 IN ITINERE (Lat.) On a journey; on the 
 way. Justices in itinere were justices in 
 eyre, who went on circuit through the king- 
 dom for the purpose of hearing causes. 3 
 Sharswood, Bl. Comm. 351; Spelman. In 
 itinere is used in the law oi lien, and is 
 there equivalent to in transitu; that is, not 
 yet delivered to vendee. 
 
 IN JUDICIIS MINORI AETATI SUCCUR- 
 ritur. In judicial proceedings, infancy is 
 aided or favored. Jenk. Cent. Cas. 46. 
 
 IN JUDICIO (Lat.) In or by a judicial 
 proceeding; in court. In judido non credi- 
 tur nisi juratis, in judicial proceedings no 
 one is believed unless on oath. Cro. Car. 64. 
 See Bracton, fols. 9Sb, 106, 287b, et passim. 
 
 In Civil Lavi^. The proceedings before 
 
 a praetor, from the bringing the action till 
 issue joined, were said to be in jure; but 
 after issue joined, when the cause came be- 
 fore the judex, the proceedings were said to 
 be in judicio. See "Judex." 
 
 IN JUDICIO NON CREDITUR NISI JURA- 
 tis. In law, none is credited unless he is 
 sworn. All the facts must, when established 
 by witnesses, be under oath or affirmation. 
 Cro. Car. 64. 
 
 IN JURE (Lat.) In law. 
 
 In Civil Law. A phrase which denotes 
 
 the proceedings in a cause before the prae- 
 tor, up to the time when it is laid before a 
 judex; that is, till issue joined {litis con- 
 testatio) ; also the proceedings in causes 
 tried throughout by the praetor (cognitiones 
 extraordinxt/riae) . Vicat, "Jus." 
 
 In English Law. In law; rightfully; 
 
 in right. In jure, non remota causa, sed 
 proxima, spectatwr. Broom, Leg. Max. 104. 
 Incorporeal hereditaments, as right of juris- 
 diction, are said to exist only in jure, m 
 right, or contemplation of law, and to ad- 
 mit of only a symbolical delivery. See Halk. 
 Tech. Terms. 
 
 IN JURE ALTERIUS (Lat.) In another's 
 right. Hale, Anal. § 26. 
 
IN JURE NON REMOTA CAUSA 
 
 616 
 
 IN NUBIBUS 
 
 IN JURE NON REMOTA CAUSA, SED 
 proxima, spectatiir. In law, the proximate 
 and not the remote cause is to be looked to. 
 Bac. Max. reg. 1; Broom, Leg. Max. (3d 
 London Ed.) 202. See 2 Pars. Cont. 455. 
 
 IN JURE PROPRIO (Lat.) In one's own 
 right. Hale, Anal. § 26. 
 
 IN JUS VOCARE (Lat.) To call, cite, or 
 summon to court. Inst. 4. 16. 3; Calv. Lex. 
 In jus vocando, summoning to court. Dig. 
 2. 4; 3 Bl. Comm. 279. 
 
 IN KIND. Of the same sort. Return of 
 property is "in kind," as distinguished from 
 in specie, where an article of the same kind, 
 but not the identical one obtained, is re- 
 turned. 
 
 IN LAW. Implied by law; depending on 
 legal fiction or intendment. 
 
 IN LECTO MORTAL! (Lat.) On the death 
 bed. Fleta, lib. 5, c. 28, § 12. 
 
 IN LIMINE (Lat.) In or at the beginning. 
 This phrase is frequently used; as, the 
 courts are anxious to check crimes in lim- 
 ine. 
 
 IN LITEM (Lat. ad litem). For a suit; 
 to the suit. Greenl. Ev. § 348. 
 
 IN LOCO (Lat.) In place; in lieu; in 
 stead; in the place or stead. Towns. PL 38. 
 
 IN LOCO PARENTIS (Lat.) In the place 
 of a parent; as, the master stands towards 
 his apprentice in loco parentis. 
 
 IN MAJORE SUMMA CONTINETUR Mi- 
 nor. In the greater sum is contained the 
 less. 5 Coke, 115. 
 
 IN MAJOREM CAUTELAM (Lat.) For 
 greater security. 1 Strange, 105, arg. 
 
 IN MALEFICIIS VOLUNTAS SPECTA- 
 tur non exitus. In offenses, the intention is 
 regarded, not the event. Dig. 48. 8. 14; 
 Bac. Max. reg. 7; Broom, Leg. Max. (3d 
 London Ed.) 292. 
 
 IN MALEFICIO RATIHABITO MANDA- 
 to comparetur. In a tort, ratification is 
 equivalent to a command. Dig. 50. 17. 152. 
 2. 
 
 IN MAXIMA POTENTIA MINIMA LICEN- 
 tia. In the greatest power there is the least 
 liberty. Hob. 159. 
 
 IN MEDIO (Law Lat.) Intermediate. A 
 term applied, in Scotch practice, to a fund 
 held between parties litigant. 
 
 IN MERCIBUS ILLICITIS NON SIT COM- 
 
 mercrum. No commerce should be in illicit 
 goods. 3 Kent, Comm. 262, note. 
 
 IN MERCY. To be in mercy is to be at 
 the discretion of the king, lord, or judge in 
 punishing any offense not directly censured 
 by the law. Thus, to be in the grievous 
 mercy of the king is to be in hazard of a 
 
 gjreat penalty. 11 Hen. VI. c. 6. So, where 
 the plaintiff failed in his suit, he and his 
 pledges were in the mercy of the lord, pro 
 falso clamore suo. This is retained nominal- 
 ly on the record. 3 Sharswood, Bl. Comm. 
 376. So the defendant is in mercy if he 
 fail in his defense. Id. 398. 
 
 IN MISERICORDIA (Lat. in mercy). The 
 entry on the record where a party was in 
 mercy was. Idea in misericordia, etc. The 
 phrase was used because the punishment in 
 such cases ought to be moderate. See Mag- 
 na Cart. c. 14; Bracton, lib. 4, tr. 5, c. 6. 
 Sometimes misericordia means the being 
 quit of all amercements. 
 
 IN MITIORI SENSU (Lat. In a milder ac- 
 ceptation). A phrase denoting a rule of 
 construction formerly adopted in slander 
 suits, the object of which was to construe 
 phrases, if possible, so that they would not 
 support an action. 
 
 IN MODUM ASSISAE (Law Lat.) In the 
 manner or form of an assize. Bracton, fol. 
 183b. In modum juratae, in manner of a 
 jury. Id. fol. 181b. 
 
 IN MORA (Lat.) In delay. 
 
 IN MORTUA MANU (Lat. in a dead 
 hand). Property owned by religious socie- 
 ties was said to be held in mortua manu, or 
 in mortmain, since religious men were dvili- 
 ter mortui. 1 Sharswood, Bl. Comm. 479; 
 Taylor. 
 
 IN NOMINE DEI, AMEN (Lat.) In the 
 name of God, Amen. A solemn form of in- 
 troduction, anciently used in wills and many 
 other instruments, public and private. The 
 Proemia to the Institutes and Digests of 
 Justinian commence, In nomine Domini nos- 
 tri Jesu Christi, "In the name of our Lord 
 Jesus Christ." The confirmation of the 
 Code and several of the Novels are intro- 
 duced with the same form. Some old wills 
 began, In nomine Patris, et Filii, et Spirifus 
 Sancti, Amen. Blount, voc. "Will." Mer- 
 cantile instruments, such as protests, poli- 
 cies, procurations, etc., frequently began. 
 In Dei nomine, Amen. 
 
 IN NOVO CASU, NOVUM REMEDIUM 
 apponendum est. A new remedy^is to be ap- 
 plied to a new case. 2 Inst. 3. 
 
 IN NUBIBUS (Lat.) In the clouds; in 
 abeyance; in custody of law. In nubibus, in 
 mare, in terra vel in custodia legis, in the 
 air, earth, or sea, or in the custody of the 
 law. Taylor. In case of abeyance, the in- 
 heritance is figuratively said to rest in nubi- 
 bus, or in gremio legis; e. g., in case of a 
 grant of life estate to A., and afterwards to 
 heirs of Richard, Richard in this case, be- 
 ing alive, has no heirs until his death, and, 
 consequently, the inheritance is considered 
 as resting in nubibus, or in the clouds, till 
 the death of A., when the contingent re- 
 mainder either vests or is lost, and the in- 
 
IN NULLIUS BONIS 
 
 616 
 
 IN PARI DELICTO 
 
 heritance goes over. See 2 Sharswood, Bl. 
 Comm. 107, note; 1 Coke, 137. 
 
 IN NULLIUS BONIS (Lat.) Among the 
 goods or property of no person; belonging 
 to no person, as treasure trove and wreck 
 ■were anciently considered. Bracton, fol. 
 120. 
 
 IN NULLO EST ERRATUM (Lat.) In 
 pleading. A plea to errors assigned on pro- 
 ceedings in error, by which the defendant in 
 error affirms there is no error in the record. 
 As to the effect of such plea, see 1 Vent. 
 252; 1 Strange, 684; 9 Mass. 532; 1 Bur- 
 rows, 410; T. Raym. 231. It is a general 
 rule that the plea in nullo est erratum con- 
 fesses the fact assigned for errors (Yelv. 
 57; Dane, Abr. Index), but not a matter 
 assigned contrary to the record (7 Wend. 
 [N. Y.] 55; Bac. Abr. "Error" [G]). 
 
 IN OBSCURA VOLUNTATE MANUMIT- 
 tentis favendum est libertati. Where the ex- 
 pression of the will of one who seeks to 
 manumit a slave is ambiguous, liberty is 
 to be favored. Dig. 50. 17. 179. 
 
 IN OBSCURIS INSPICI SOLERE QUOD 
 verisimilius est, aut quod pterutnque fieri 
 solet. Where there Is obscurity, we usually 
 regard what is probable or what is gen- 
 erally done. Dig. 50. 17. 114. 
 
 IN OBSCURIS QUOD MINIMUM EST SE- 
 quim^ur. In obscure cases, we follow that 
 which is least so. Dig. 50. 17. 9. 
 
 IN OCTAVIS, or OCTABIS. (Law Lat.) 
 On the octave. One of the ancient return 
 days in the English courts. 3 Bl. Comm. 
 277, 278. 
 
 IN ODIUM SPOLIATORIS (Lat.) In ha- 
 tred of a despoiler. All things are pre- 
 sumed against a despoiler or wrongdoer, 
 in odium spoliatoris omnia praesumuntur. 
 
 IN OMNI ACTIONE UBI DUAE CONCUR- 
 runt distrfctlones, videlicet In rem et in 
 personam, ilia districtio tenenda est quae 
 magis timetur et mag is ligat. In every ac- 
 tion where two distresses concur, as those 
 in rem and in personam,, that is to be chosen 
 which is most dreaded, and which binds 
 most firmly. Bracton, 372; Fleta, lib. 6, c. 
 14, § 28. 
 
 IN OMNI RE NASCITUR RES QUAE IP- 
 sam rem exterminat. In everything, the 
 thing is born which destroys the thing it- 
 self. 2 Inst. 15. 
 
 IN OMNIBUS CONTRACTIBUS, SIVE 
 nominatis, sive innominatis, permutatro con- 
 tinetur. In every contract, whether nomi- 
 nate or innominate, there is implied an ex- 
 change, i. e., a consideration. 
 
 IN OMNIBUS OBLIGATIONIBUS, IN 
 quibus dies non ponltur, praesenti die de- 
 betur. In all obligations, when no time Is 
 fixed for the payment, the thing Is due im- 
 mediately. Dig. 50. 17. 14. 
 
 IN OMNIBUS POENALIBUS JUDICII8, 
 et aetati et imprudentiae succurritur. In all 
 trials for penal offenses, allowance is made 
 for youth -and lack of discretion. Dig. 50. 
 17. 108; Broom, Leg. Max. (3d London Ed.) 
 282. 
 
 IN OMNIBUS QUIDEM MAXIME TAMEN 
 In Jure, aequitas spectanda sit. In all affairs 
 indeed, but principally in those which con- 
 cern the administration of justice, equity 
 should be regarded. Dig. 50. 17. 90. 
 
 IN PACE DEI ET REGIS (Law Lat.) In 
 the peace of God and the king. Fleta, lib. 1, 
 c. 31, ,§ 6. Formal words in old appeals of 
 murder. 
 
 IN PAIS. Out of court, or without judicial 
 process. Matter in pais is distinguished 
 from matter of record. 2 Bl. Comm. 294. 
 Conveyances were either by matter in pais 
 or deed which was an assurance transacted 
 between two or more private persons out of 
 court, or by matter of record which was an 
 assurance transacted in a court of record. 
 1 Steph. Comm. 466. Notice in pais is notice 
 given without the intervention of the court. 
 Story, Bailm. § 348. 
 
 Without writing, by act or conduct, as 
 distinguished from "by deed." Thus, estop- 
 pels are said to be by record, by deed, or by 
 matter in pais. See "Estoppel." 
 
 IN PAPER. In English practice. A term 
 used of a record until its final enrollment 
 on the parchment record. 3 Sharswood, Bl. 
 Comm. 406; 10 Mod. 88; 2 Lilly, Abr. 322; 
 4 Geo. II. 
 
 IN PARI CAUSA (Lat.) In an equal cause. 
 It is a rule that when two persons have 
 equal rights in relation to a particular 
 thing, the party in possession is considered 
 as having the better right, in pari causa 
 possessor potior est. Dig. 50. 17. 128; 1 
 Bouv. Inst, note 952. 
 
 IN PARI CAUSA POSSESSOR POTIOR 
 haberi debet. When two parties have equal 
 rights, the advantage is always in favor of 
 the possessor. Dig. 50. li. 128. 
 
 IN PARI DELICTO. Equally in fault. A 
 term applied to parties who have participat- 
 ed equally in a transaction which is illegal, 
 fraudulent, or contrary to public policy, 
 neither of whom can for that reason obtain 
 relief in equity from any injury suffered 
 from the other in respect to such transac- 
 tion. Thus, one making a conveyance of 
 his property to defraud creditors cannot set 
 aside the conveyance if his acc6nlplice sub- 
 sequently refuse to reconvey. 64 Fed. 195; 
 36 Mich. 229. But to put parties in part 
 delicto there must be equality of turpitude. 
 See 124 N. Y. 160. 
 
 Though both parties assent to the illegal , 
 transaction, if there is g:reat disparitjr of in- 
 telligence or condition, they are not in pari , 
 delicto. 69 111. 470; 82 Ky. 564; 9 Md. 
 348; 69 Mo. 115. 
 
IN PARI DELICTO MELIOR 
 
 517 
 
 IN RE COMMUNI POTIOR 
 
 IN PARI DELICTO MELIOR EST CONDI- 
 tlo possidentis. When the parties are equal- 
 ly in the wrong, the condition of the pos- 
 sessor is better. 11 Wheat. (U. S.) 258; 3 
 Cranch (U. S.) 244; Cowp. 341; Broom, 
 Leg. Max. 325; 4 Bouv. Inst, note 3724. 
 
 IN PARI DELICTO POTIOR EST CONDI- 
 tio defendentis (et possidentis). Where both 
 parties are equally in fault, the condition of 
 the defendant is preferable. 11 Mass. 376; 
 Broom, Leg. Max. (3d London Ed.) 265; 1 
 Story, Cont. (4th Ed.) 691, 592. 
 
 IN PATRIMONIO (Lat.) As a subject of 
 property. Pleta, lib. 3, c. 1, § 2. 
 
 IN PECTORE JUDICIS (Lat.) In the 
 breast of the judge. Latch, 180. A phrase 
 applied to a judgment. 
 
 IN PEJOREIM PARTEIVI (Law Lat.) In 
 the worst part; on the worst side. Latch, 
 159, 160. 
 
 IN PENDENTI (Lat.) In suspension or 
 abeyance. Bracton, fols. 12, 19b. Written 
 in Fleta as one word, inpervdenti and im- 
 pendenti. Fleta, lib. 3, c. 9, § 7. 
 
 IN PERPETUAIVI REI IVIEMORIAM (Lat.) 
 For the perpetual memory or remembrance 
 of a thing. Gilb. For. Rom. 118. 
 
 IN PERSONAM (Lat.) A remedy where 
 the proceedings are against the person, in 
 contradistinction to those which are against 
 specific things, or in rem. 1 Bouv. Inst, 
 note 2646. 
 
 IN PERSONAM ACTIO EST, QUA CUM 
 eo agimus qui obligatus est nobis ad facien- 
 dum aliquid vel dandum. The action in per- 
 sonam is that by which we sue him who is 
 under obligation to us to do something or 
 give something. Dig. 44. 7. 25; Bracton, 
 101b. 
 
 IN PIOS USUS (Law Lat.) For pious 
 uses; for religious purposes. 2 Bl. Comm. 
 505. 
 
 IN PLENA VITA (Law Lat.) In full life. 
 Y. B. P. 18 Hen. VI. 2. 
 
 IN PLENO COMITATU (Law Lat.) In 
 full county court. 2 Bl. Comm. 36. 
 
 IN POENALIBUS CAUSIS BENIGNIUS 
 interpretandum est. In penal cases, the 
 more favorable interpretation is to be made. 
 Dig. 50. 17. 155. 2; Plowd. 86b; 2 Hale, P. 
 C. 366. 
 
 IN POSSE (Lat.) In possibility; not in 
 actual existence; used in contradistinction 
 to in esse. 
 
 IN POTESTATE PARENTIS (Lat.) In 
 the power of a parent. Inst. 1. 8; pr.; Id. 1. 
 9; 2 Bl. Comm. 498. 
 
 IN PRAEMI830RUM FIDEM (Law Lat.) 
 In confirmation or attestation of the prem- 
 ises. A notarial phrase. 
 
 IN PRAEPARATORIIS AD JUDICIUM 
 favetur actori. In things preparatory before 
 trial, the plaintiff is favored. 2 Inst. 57. 
 
 IN PRAESENTI (Lat.) At the present 
 time; used in opposition to in future. A 
 marriage contracted in words de praesenti 
 is good; as, "I take Paul to be my hus- 
 band" is a good marriage; but words de 
 futuro would not be sufficient, unless the 
 ceremony was followed by consummation. 1 
 Bouv. Inst, note 258. 
 
 IN PRAESENTIA MAJORiS POTESTA- 
 tis, minor potestas cessat. In the presence 
 of the superior power, the minor power 
 ceases. Jenk. Cent. Cas. 214; Cas. temp. 
 Hardw. 28; 13 How. (U. S.) 142; 13 Q. B. 
 740. 
 
 IN PRENDER (Law Pr. In taking). A 
 term applied to such incorporeal heredita- 
 ments as a party entitled to them was to 
 take for himself; such as common. 2 Steph. 
 Comm. 23; 3 Bl. Comm. 15. 
 
 IN PRETIO EMPTIONIS ET VENDITIO- 
 nls naturaliter licet contrahentibus se cir* 
 cumvenire. In the price of buying and sell- 
 ing, it is naturally allowed to the contract- 
 ing parties to overreach each other. 1 Story, 
 Cont. (4th Ed.) 606. 
 
 IN PRIMIS. (Law Lat.) In the first place. 
 Mag. Cart. Johan. c. 1. 
 
 IN PRINCiPIO (Lat. at the beginning). 
 This is frequently used in citations; as, 
 Bac. Abr. "Legacies in pr." 
 
 IN PROPRIA CAUSA NEMO JUDEX. No 
 one can be judge in his own cause. 12 Coke, 
 13. 
 
 IN PROPRIA PERSONA (Lat.) In his 
 person; himself; as, the defendant appeared 
 in propria persona; the plaintiff argued the 
 cause in propria persona. 
 
 IN QUiNDENA (Law Lat.) In fifteen 
 days. One of the return days in the old 
 practice of the English courts. 2 Reeves' 
 Hist. Eng. Law, 57-61. 
 
 IN QUO QUIS DELINQUIT, IN EO DE 
 Jure est puniendus. In whatever thing one 
 offends, in that he is rightfully to be pun- 
 ished. Co. Litt. 233b. 
 
 IN RE (Lat.) In the matter; as in re 
 A. B., in the matter of A. B. 
 
 IN RE COMMUNI NEMINEM DOMINO- 
 rum Jure facere quicquam, Invito altero, 
 posse. One co-proprietor can exercise no au- 
 thority over the common property against 
 the will of the other. Dig. 10. 3. 28. 
 
 IN RE COMMUNI POTIOR EST CONDI- 
 tic prohibentis. In a partnership, the condi- 
 tion of one who forbids is the more favor- 
 able. 
 
IN RE DUBIA BENIGNIOREM 
 
 618 
 
 IN RERUM NATURA 
 
 IN RE DUBIA BENIGNIOREM INTER- 
 pretationem sequi, non minus justlus est, 
 quam tutius. In a doubtful case, to follow 
 the milder interpretation is not less the 
 more just than it is the safer course. Dig. 
 50. 17. 192. 2; Id. 28. 4. 3. 
 
 IN RE DUBIA MAGIS INFICIATO QUAM 
 affirmatio intelllgenda. In a doubtful mat- 
 ter, the negative is to be understood, rather 
 than the affirmative. Godb. 37. 
 
 IN RE LUPANARI, TESTES LUPANA- 
 
 res admittentur. In a matter concerning a 
 brothel, prostitutes are admitted as wit- 
 nesses. 6 Barb. (N. Y.) 320, 324. 
 
 IN RE PARI, POTIOREM CAUSAM ESSE 
 prohlbentis constat. Where a thing is owned 
 in common, it is agreed that the cause of 
 him prohibiting its use is the stronger. Dig. 
 10. 3. 28; 3 Kent, Comm. 45; Poth. Con. 
 de Soc. note 90; 16 Johns. (N. Y.) 438, 491. 
 
 IN RE PROPRIA INIQUUM ADMODUM 
 est aliculi licentiam tribuere sestentiae. It 
 is extremely unjust that any one should be 
 judge in his own cause. 
 
 IN REBUS (Lat.) In things, cases, or 
 matters. 
 
 IN REBUS MANIFESTIS ERRAT QUI 
 auctorltates legum allegat, quia perspicua 
 vera non sunt probanda. He errs who al- 
 leges the authorities of law in things mani- 
 fest, because obvious truths meed not be 
 proved. 5 Coke, 67. 
 
 IN REM (Lat.) A technical term used to 
 designate proceedings or actions instituted 
 against the thing, in contradistinction to 
 personal actions, which are said to be in 
 personam. 
 
 Proceedings in rem include not only those 
 instituted to obtain decrees or judgments 
 against property as forfeited in the admir- 
 alty or the English exchequer, or as prize, 
 but also suits against property to enforce a 
 lien or privilege in the admiralty courts, 
 and suits to obtain the sentence, judgment, 
 or decree of other courts npon the personal 
 status or relations of the party, such as 
 marriage, divorce, bastardy, settlement, or 
 the like. 1 Greenl. Ev. §§ 525, 641. 
 
 Courts of admiralty enforce the perform- 
 ance of a contract, when its performance is 
 secured by a maritime lien or privilege, by 
 seizing into their custody the very subject 
 of hypothecation. In these suits, generally, 
 the parties are not personally bound, and 
 the proceedings are confine^ to the thing in 
 specie. Brown, Civ. & Adm. Law, 98. And 
 see 2 Gall. C. C. (U. S.) 200; 3 Term R. 
 269, 270. 
 
 There are cases, however, where the rem- 
 edy is either in personam or in rem. Sea- 
 men, for example, may proceed against the 
 ship or freight for their wages, and this is 
 the most expeditious mode ; or they may pro- 
 ceed against the master or owners. 4 Bur- 
 rows, 1944; 2 Brown, Civ. & Adm. Law, 396. 
 
 See, generally, 1 Phil. Ev. 254; 1 Starkie, 
 Ev. 228; Dane, Abr.; Serg. Const. Law, 202, 
 203, 212; Pars. Mar. Law. 
 
 "Various definitions have been given of a 
 judgment in rem, but all are criticised as 
 either incomplete or comprehending too 
 much. It is generally said to be a judgment 
 declaratory of the status of some subject 
 matter, whether this be a person or a thing. 
 Thus, the probate of a will fixes the status 
 of the document as a will. The personal 
 rights and interests which follow are mere 
 incidental results of the status or character 
 of the paper, and do not appear on the 
 face of the judgment. So, a decree establish- 
 ing or dissolving a marriage is a judgment 
 in rem, because it fixes the status of the per- 
 son. A judgment of forfeiture, by the pro- 
 per tribunal, against specific articles or 
 goods, for a violation of the revenue laws, is 
 a judgment in rem. But it is objected that 
 the customary definition does not fit such a 
 case, because there is no fixing of the status 
 of anything, the whole effect being a seizure, 
 whatever the thing may be. In the forego- 
 ing instances, and many others, the judg- 
 ment is conclusive against all the world, 
 without reference to actual presence or par- 
 ticipation in the proceedings. If the expres- 
 sion 'strictly in rem' may be applied to any 
 class of cases, it should be confined to such 
 as these. A very able writer says: 'The 
 distinguishing characteristic of judgments 
 in rem is that, wherever their obligation is 
 recognized and enforced as against any per- 
 son, it is equally recognized and enforced as 
 against all persons. It seems to us that the 
 true definition of a judgment in rem, is "an 
 adjudication" against some person or thing, 
 or "upon the status of some subject matter," 
 which, wherever and whenever binding upon 
 any person, is equally binding upon all per- 
 sons.'" 10 Mo. App. 78. 
 
 IN REM ACTIO EST PER QUAM REM 
 nostram quae ab alio possidetur petimus, et 
 semper adversus eum est qui rem possidet. 
 The action in rem is that by which we seek 
 our property which is possessed by another, 
 and is always against him who possesses the 
 property. Dig. 44. 7. 25; Bracton, 102. 
 
 IN RENDER. A thing in a manor is said 
 to lie in render when it must be rendered or 
 given by the tenant, e. g., rent; to lie in 
 prender, when it may be taken by the lord 
 or his officer when it chance. West, Symb. 
 pt 2, "Fines," § 126. 
 
 IN REPUBLICA MAXIME CONSERVAN- 
 da sunt jura belli. In the state, the laws of 
 war are to be greatly preserved. 2 Inst. 58. 
 
 IN RERUM NATURA (Lat.) In the na- 
 ture or order of things; in existence. Not 
 in rerum rtatura is a dilatory plea, import- 
 ing that the plaintiff is a fictitious person. 
 
 In Civil Law. A broader term than iw 
 
 rebus humanis; e. g., before quickening, an 
 infant is in rerum natura, but not in rebus 
 humania; after quickening, he is in rebus 
 
IN RESTITUTIONEM 
 
 519 
 
 IN TESTAMENTIS 
 
 humanis, as well as in rerum natura. Calv. 
 Lex. 
 
 IN RESTITUTIONEM, NON IN POENAM, 
 haeres succedit. The heir suceeds to the 
 restitution, not the penalty. 2 Inst. 198. 
 
 IN RESTITUTIONIBUS BENIGNISSIMA 
 Interpretatio facienda est. The most favor- 
 able construction is to be made in restitu- 
 tions. Co. Litt. 112. 
 
 IN ROBERIA. (Law Lat.) In or by rob- 
 bery. Bract, fol. 146b. 
 
 IN SATISFACTIONIBUS NON PERMIT- 
 titur amplius fieri quam seme! factum est. 
 In payments, more must not be received than 
 has. been received once for all. 9 Coke, 53.' 
 
 IN SCRINIO JUDICIS (Law Lat.) In the 
 writing case of the judge; among the judge's 
 papers. "That is a thing that rests in scri- 
 nio judids, and does not appear in the body 
 of the decree." Hardr. 51. 
 
 IN SEPAhALI (Law Lat.) In several; In 
 severalty. Fleta, lib. 2, c. 54, § 20. 
 
 IN SIGHT. See "Gambling Contract." 
 
 IN SIMILI MATERIA. Dealing with the 
 subject matter of the same kind. 
 
 IN SIMPLICI PEREGRINATIONS (Lat.) 
 In simple pilgrimage. Bracton, fol. 338. A 
 phrase in the old law of essoins. See "In 
 Generali Passagio." 
 
 IN SIVE JUXTA. In or near. 14 Q. B. D. 
 258. 
 
 IN SOLIDUM, or IN SOLIDO (Lat.) In 
 civil law. For the whole; as a whole. An 
 obligation or contract is said to be in solido 
 or in solidum when each is liable for the 
 whole, but so that a payment by one is pay- 
 ment for all; i. e., it is a joint and several 
 contract. 
 
 Possession is said to be in solidum when 
 it is exclusive. "Duo in solidum precwrio 
 habere non magis possunt, quam duo in soli- 
 dum vi possidere aut clam; nam, neque jus- 
 tae neque injustae possessiones duae concur- 
 rere possunt." Savigny, lib. 3, § 11. 
 
 IN SOLO (Lat.) In the soil or ground. 
 In solo alieno, in another's ground. In solo 
 propria, in one's own ground. 2 Staph. 
 Comm. 20. 
 
 IN SPECIE (Lat.) In the same form; 
 e. g., a ship is said to no longer exist in 
 specie when she no longer exists as a ship, 
 but as a mere congeries of planks. 8 Barn. 
 & C. 561; Arnould, Ins. 1012. To decree a 
 thing in specie is to decree the performance 
 of that thing specifically. 
 
 IN STATU QUO (Lat.) In the same situa- 
 tion as; in the same condition as. 
 
 IN STIPULATIONIBUS CUM QUAERI- 
 tur quid actum sit verba contra stipulatorem 
 
 Interpretanda sunt. In contracts, when the 
 question is what was agreed upon, the terms 
 are to be interpreted against the party of- 
 fering them. Dig. 45. 1. 38. 18. Chancellor 
 Kent remarks that the true principle ap- 
 pears to be "to give the contract the sense 
 in which the person making the promise be- 
 lieves the other party to have accepted it, 
 if he in fact did so understand and accept 
 it." 2 Kent, Comm. (7th Ed.) 721; 2 Day 
 (Conn.) 281; 1 Duer, Ins. 159, 160; Broom, 
 Leg. Max. (3d London Ed.) 534; Dig. 45. 
 1. 38. § 18. 
 
 IN STIPULATIONIBUS ID TEMPUS 
 spectatur quo contrahimus. In agreements, 
 refefence is had to the time at which they 
 were made. Dig. 50. 17. 144. 1. 
 
 IN STIRPES. According to roots or 
 stocks; by representation. See "Per Stirpes." 
 
 IN STRICTO JURE. (Lat.) In strict 
 law; in strict right. 
 
 IN SUBSIDIUM. In aid. 
 
 IN SUO QUISQUE NEGOTIO HEBETIOR 
 est quam in alieno. Every one is more dull 
 in his own business than in that of another. 
 Co. Litt. 377. 
 
 IN SUPERFICIE. (Lat.) In the surface. 
 
 IN TANTUM (Law Lat.) In so much; so 
 much; so far; so greatly. Reg. Orig. 97, 
 106. 
 
 IN TERMINIS TERIVIINANTIBUS (Law 
 Lat.) In terms of determination; exactly 
 in point. 11 Coke, 40b. In express or de- 
 terminate terms. 1 Leon. 93. 
 
 IN TERROREM (Lat.) By way of threat, 
 terror, or warning. For example, when a 
 legacy is given to a person upon condition 
 not to dispute the validity or the disposi- 
 tions in wills and testaments, the conditions 
 are not, in general, obligatory, but only in 
 terrorem. If, therefore, there exist proba- 
 bilis causa litigandi, the nonobservance of 
 the conditions will not be a forfeiture. 2 
 Vern. 90; 1 Hill, Abr. 253; 3 P. Wms. 344; 
 1 Atk. 404. 
 
 IN TERROREM POPULI (Lat. to the ter- 
 ror of the people). A technical phrase neces- 
 sary in indictments for riots. 4 Car. & P. 
 373. 
 
 Lord Holt has given a distinction between 
 those indictments in which the words in ter- 
 rorem, populi are essential, and those where- 
 in they may be omitted. He says that, in 
 indictments for that species of riots which 
 consist in going about armed, etc., vrithout 
 committing any act, the words are neces- 
 sary, because the offense consists in terri- 
 fying the public ; but in those riots in which 
 an unlawful act is committed, the words are 
 useless. 11 Mod. 116; 10 Mass. 518. 
 
 IN TESTAMENTIS PLENIUS TESTA- 
 toris intentionem scrutamur. In testaments. 
 
IN TESTAMENTIS 
 
 520 
 
 INBORH 
 
 we should seek diligently the will of the tes- 
 tator. "But," says Dodderidge, C. J., "this 
 is to be observed with these two limitations : 
 (1) His intent ought to be agreeable to the 
 rules of the law; (2) his intent. ought to 
 be collected out of the words of the will." 
 3 Bulst. 103; Broom, Leg. Max. (3d Lon- 
 don Ed.) 494. 
 
 IN TESTAMENTIS PLEN1US VOLUN- 
 tates testantlum Interpretantur. In testa- 
 ments, the will of the testator should be lib- 
 erally construed. That is to say, a will shall 
 receive a more liberal construction than its 
 strict meaning, if alone considered, would 
 permit. Dig. 50. 17. 12 ; Cujac. ad loc, cited 
 3 Poth. Pand. 46; Broom, Leg. Max. (3d 
 London Ed.) 507. 
 
 IN TESTAMENTIS RATIO TACITA NON 
 debet considerarl, sed - verba solum spec- 
 tari debent; adeo per divinationem mentis 
 a verbis recedere durum est. In wills, an un- 
 expressed meaning ought not to be consid- 
 ered, but the words alone ought to be 
 looked to, so hard is it to recede from the 
 words by guessing at the intention. 
 
 IN TESTIMONIUM (Lat.) In witness 
 whereof. 
 
 IN THE COURSE OF EMPLOYMENT. 
 While engaged generally in the service of 
 the master. 97 Minn. 312, 313; 162 Mass. 
 66. 
 
 IN TOTIDEM VERBIS (Lat.) In just so 
 many words; as, the legislature has de- 
 clared this to be a crime in totidem verbis. 
 
 IN TOTO (Lat.) In the whole; wholly; 
 completely; as, the award is void in toto. 
 In the whole, the part is contained, in toto 
 et pars continetur. Dig. 50. 17. 123. 
 
 IN TOTO ET PARS CONTINETUR. A 
 part is included in the whole. Dig. 50. 17. 
 113. 
 
 IN TRADITIONIBUS 8CRIPT0RUM 
 ehartarum non quod dictum est, sed quod 
 gestum factum est, insplcltur. In the deliv- 
 ery of writings (deeds), not what is said, 
 but what is done, is to be considered. 9 
 Coke, 137. 
 
 IN TRAJECTU (Lat.) In the passage 
 over; on the voyage over. See Sir William 
 Scott, 3 Rob. Adm. 141. 
 
 IN TRANSITU (Lat.) During the transit 
 or removal from one place to another. See 
 "Stoppage in Transitu." 
 
 IN VADIO (Lat) In pledge; in sage. 
 
 IN VENTRE 8A MERE (Law Pr.) In his 
 mother's womb. 
 
 IN VERAM QUANTITATEAM FIDEJUS- 
 ser teneatur, nlei pro certa quantitate ac- 
 cessit. Let the surety be holden for the true 
 quantity, unless he agreed for a certain 
 quantity. 17 Mass. 597. 
 
 IN VERBIS NON VERBA SED RES ET 
 
 ratio quaerenda est. In words, not the words, 
 but the thing and meaning is to be in- 
 quired after. Jenk. Cent. Cas. 132. 
 
 IN VINCULIS (Lat.) In chains; In actual 
 custody. Gilb. For. Rom. 97. 
 
 Applied also, figuratively, to the condi- 
 tion of a person who is compelled to submit 
 to terms which oppression and his necessi- 
 ties impose on him. 1 Story, Eq. Jur. § 302. 
 
 IN VOCiBUS VIDENDUM NON A QUO 
 sed ad quid sumatur. In discourses, it is to 
 be seen not from what, but to what, it is 
 advanced. Ellesmere, Postn. 62. 
 
 IN WITNESS WHEREOF. These words, 
 which, when conveyancing was in the Latin 
 language, were in cujus rei testimonium, 
 are the initial words of the concluding 
 clause in deeds: "In witness whereof the 
 said parties have hereunto set their hands," 
 etc. 
 
 INADEQUATE PRICE. A term applied to 
 indicate the want of a sufficient considera- 
 tion for a thing sold, or such a price as, 
 under ordinary circumstances, would be con- 
 sidered insufficient. 
 
 INADMISSIBLE. What cannot he re- 
 ceived in evidence. 
 
 INAEDIFICATIO (Lat.) In civU law. Build- 
 ing on another's land , with own materials, 
 or on own land with another's materials. 
 Heinec. Elem. Jur. Civ. § 363. The word 
 is especially used of a private person's 
 building so as to encroach upon the public 
 land. Calv. Lex. The right of possession 
 of the materials yields to the right to what 
 is on the soil. Id. 
 
 INALIENABLE. A word denoting the con- 
 dition of those things the property in which 
 cannot be lawfully transferred from one 
 person to another. Public highways and 
 rivers are inalienable. There are also many 
 rights which are inalienable, as the rights 
 of liberty or of speech. 
 
 INAUGURATION. A word applied by the 
 Romans to the ceremony of dedicating a 
 temple, or raising a man to the priesthood, 
 after the augurs had been consulted. 
 
 It was afterwards applied to the installa- 
 tion of emperors, kings, and prelates, in im- 
 itation of the ceremonies of the Romans 
 when they entered the temple of the augwrs. 
 It is applied in the United States to the in- 
 stallation of the chief magistrate of the re- 
 public, and of the governors of the several 
 states. 
 
 INBOARD. In marine policy. Not pro- 
 jecting over the rail of the vessel. 46 Jones 
 & S. (N. Y.) 175, 181, 85 N. Y. 478. 
 
 INBORH (Saxon.) In old English law. A 
 security, pledge, or hypotheca, consisting of 
 the chattels of a person unable to obtain a 
 personal "borg," or surety. 
 
INCAPACITY 
 
 621 
 
 INCLUSIO UNIUS EST 
 
 INCAPACITY. The want of a quality le- 
 gally to do, give, transmit, or receive some- 
 thing. See ^'Capacity." 
 
 INCAUSTUM, or ENCAUSTUM (Lat.) 
 Ink; a fluid anciently used for writing, of 
 which, as appears from the following pass- 
 age of Bracton, there were two kinds, — the 
 black (incaustum nigrum) , and the red (in- 
 caustum rubrum) , the former being also 
 termed atravientum (from ater, black), 
 which is the Latin word generally used for 
 "ink." Item diversitas incausti et atramen- 
 ti, ut si una pars scribatur incausto nigro, 
 et altera pars incausto rubra, non atramen- 
 to. Bracton, fol. 398b, 
 
 INCAUTE FACTUM PRO NON FACTO 
 habetur. A thing done unwarily or unad- 
 visedly will be taken as not done. Dig. 28. 
 4. 1. 
 
 INCENDIARY (Lat. incendium, a kind- 
 ling). One who maliciously and willfully 
 sets another person's building on fire; one 
 guilty of the crime of arson. 
 
 INCENDIUM AERE ALIENO NON 
 exuit debitorum. A fire does not release a 
 debtor from his debt. Code, 4. 2. 11. 
 
 INCEPTION. The commencement; the be- 
 ginning. In making a will, for example, 
 the writing is its inception. 3 Coke, 31b; 
 Plowd. 343. 
 
 INCERTA PRO NULLIS HABENTUR. 
 
 Things uncertain are held for nothing. Dav. 
 33. 
 
 INCERTA QUANTITAS VITIAT ACTUM. 
 
 An uncertain quantity vitiates the act. 1 
 Bolle, 465. 
 
 INCERTI TEMPORIS. (Lat.) Of uncer- 
 tain time or date. A title given to some 
 English statutes enacted between Magna 
 Charta and the reign of Edward III.; their 
 period not being ascertained. 2 Reeves' 
 Hist. Eng. Law, 85, 312. 
 
 INCEST. The carnal copulation of a man 
 and a woman related to each other in any 
 of the degrees within which marriage is 
 prohibited by law. Bish. Mar. & Div. 214- 
 221. 
 
 INCH (Lat. uncia) . A measure of length, 
 containing one-twelfth part of a foot. 
 
 INCH OF CANDLE. A mode of sale at 
 one time in use among merchants. A notice 
 is first given upon the exchange, or other 
 public place, as to the time of sale. The 
 goods to be sold are divided into lots, print- 
 ed papers of which, and the conditions of 
 sale, are published. When the sale takes 
 place, a small piece of candle, about an inch 
 long, is kept burning, and the last bidder, 
 when the candle goes out, is entitled to the 
 lot or parcel for which he bids. Wharton. 
 
 INCHARTARE. To grant by a writing. 
 
 INCIDENT. This term Is used both sub- 
 stantively and adjectively of a thing which, 
 either usually or naturally and inseparably, 
 depends upon, appertains to, or follows an- 
 other that is more worthy. For example, 
 rent is usually incident to a reversion (1 
 Hilliard, Real Prop. 243), while the right of 
 alienation is necessarily incident to a fee- 
 simple at common law, and cannot be sepa- 
 rated by a grant (1 Washb. Real Prop. 54). 
 So a court baron is inseparably incident to 
 a manor, in England. Kitch. Cts. 36; Co. 
 Litt. 151. All nominate contracts and all es- 
 tates known to common law have certain in- 
 cidents which they draw with them, and 
 which it is not necessary to reserve in words. 
 See Jacob. 
 
 INCIDERE (Lat. from in, into or upon, 
 and eadere, to fall). In the civil and old 
 English law. To fall into. Calv. Lex. ; Bris- 
 sonius. 
 
 To fall out; to happen; to come to pass. 
 Calv. Lex. 
 
 To fall upon or under; to become subject 
 or liable to. Incidere in legem., to incur the 
 penalty of a law. Brissonius. Quibua mo- 
 dis quia inddat in asaiaam, in what ways a 
 person may become liable to an assize. 
 Bracton, fols. 170b, 171. Inddere in mia- 
 ericordiam, to fall into mercy; to become 
 liable to amercement. Fleta, lib. 2, c. 44, 
 ! 2. 
 
 INCIPITUR (Lat.) In practice. This word, 
 which means "it is begrun," signifies the 
 commencement of the entry on Qie roll on 
 sig^ning judgment, etc. 
 
 INCIVILE EST, NISI TOTA LEGE PR08- 
 pecta, una allqua partlcula ejus proposita, 
 judicare, vel respondere. It is Improper, un- 
 less the whole law has been examined, to 
 give judgment or advice upon a view of a 
 single clause of it. Dig. 1. 3. 24. See Hob. 
 171a. 
 
 INCIVILE EST NISI TOTA 8ENTENTIA 
 inspecta, de allqua parte judicare. It is im- 
 proper to pass an opinion on any part of a 
 sentence without examining the whole. Hob. 
 171. 
 
 INCLAMARE (Law Lat. from in, to or 
 upon, and olamare, to cry) . - In old Euro- 
 pean law. To cry out for a person, as a 
 crier does in court; to summon to court. 
 Inclamatus, proclaimed; called or summoned 
 by proclamation (in jus exactus). Edict. 
 Theod. c. 145; Spelman. 
 
 INCLOSURE. In English law. Inclosure 
 is the act of freeing land from rights of 
 common, commonable rights, and generally 
 all rights which obstruct cultivation and tiie 
 productive employment of labor on the soil 
 
 Also, an artificial fence around one's es- 
 tate. 89 Vt. 84, 326; 36 Wis. 42. See 
 "Close." 
 
 INCLUSIO UNIUS EST EXCLUSIO AL- 
 terlus. The inclusion of one is the exclu- 
 sion of another. 11 Coke, 68. 
 
INCLUSIVE 
 
 522 
 
 INCORPOREAL PROPERTY 
 
 INCLUSIVE. Comprehended in computa- 
 tion. In computing time, as ten days from 
 a particular time, one day is generally to be 
 included, and one excluded. See "Exclu- 
 sive." 
 
 INCOLA (Lat. from incolere, to inhabit, 
 to dwell in). In the civil law. An inhab- 
 itant; a dweller or resident. Properly, one 
 who has transferred his domicile to any 
 country. One who comes from abroad, and 
 takes up his abode in a place, with the view 
 of residing there. The peculiar sense of the 
 word seems to be derived from the compo- 
 nent particle "in," having the sense of "in- 
 to," or "entry." Domicile made a person an 
 ineola, as birth made him civis (a citizen). 
 Code, 10. 40. 7; Phillim. Dom. 25, 26. 
 
 In Old English Law. A subject. St. 
 
 Marlb. pr.; Fleta, lib. 2, c. 47, § 13. 
 
 INCOLA DOMICILIUM FACIT. Resi- 
 dence creates domicile. 1 Johns. Cas. (N. 
 y.) 363, 366. See "Domicile." 
 
 INCOME. The gain which proceeds from 
 labor, business, or property of any kind. 44 
 Pa. St. 347. It is as large a word as can be 
 used to denote a person's receipts (21 Ch. 
 Div. 85), and means "gross income," not 
 "profits" (18 Wend. [N. Y.] 605), though 
 the contrary has been held (5 Mete. [Mass.] 
 596). 
 
 INCOME BONDS. As the term is ordi- 
 narily used, income bonds are bonds which 
 carry interest only so far as the interest 
 is earned from the net income of the cor- 
 poration, within an interest period. They 
 bear a close resemblance to capital stock. 
 Such interest is ordinarily not cumulative. 
 2 Fletcher Cyclopedia Corporations 1922. 
 
 INCOMMODUM NON SOLVIT ARGU- 
 mentum. An Inconvenience does not solve an 
 argument. 
 
 INCOMMUNICACION. In Spanish law. 
 The condition of a prisoner who is not per- 
 mitted to see or to speak with any person 
 visiting him during his confinement. A per- 
 son accused cannot be subjected to this 
 treatment unless it be expressly ordered by 
 the judge, for some grave offense, and it 
 cannot be continued for a longer period than 
 ' is absolutely necessary. Art. 7, Reglamento 
 de 26 Setiembre, 1835. This precaution is 
 resorted to for the purpose of preventing 
 the accused from knowing beforehand the 
 testimony of the witnesses, or from attempt- 
 ing to corrupt them, and concert such meas- 
 ures as will efface the traces of his guilt. 
 As soon, therefore, as the danger of his 
 doing so has ceased, the interdiction ceases 
 likewise. Escriche, Die. Raz. 
 
 INCOMPATIBILITY. Incapability of exist- 
 ing or being exercised together. 
 
 Thus, the relations of landlord and of 
 tenant cannot exist in one man at the same 
 time in reference to the same land. Two 
 offices may be incompatible, either from 
 their nature or by statutory provisions. 
 
 Const. U. S. art. 6, § 3, note 5; Id. art. 1, 
 § 6, note 2; 4 Serg. & R. (Pa.) 277: 17 
 Serg. & R; (Pa.) 219. See "Office." 
 
 INCOMPETENCY. 
 
 Of Officers. Lack of ability or fitness 
 
 to discharge the required duty. 
 
 Judges and jurors are said to be incom- 
 petent from having an interest in the sub- 
 ject matter. A judge is also incompetent to 
 give judgment in a matter not within his 
 jurisdiction. See "Jurisdiction." 
 
 Of Witness. Want of legal capacity 
 
 to testify. 
 
 Of Evidence. Not proper to be re- 
 ceived. Incompetency relates to the evi- 
 dence itself, not to the fact to be proved 
 thereby. 
 
 In French Law. Inability or insuffi- 
 ciency of a judge to try a cause brought be- 
 fore him, proceeding from lack of jurisdic- 
 tion. 
 
 INCONCLUSIVE. Not finally decisive. In- 
 conclusive presumptions are capable of be- 
 ing overcome by opposing proof. 3 Bouv. 
 Inst. 3063. 
 
 INCONSULTO. (Lat.) In the civil law. 
 Unadvisedly; unintentionally. Dig. 28. 4. 1. 
 
 INCONTINENCE. Impudicity; indulgence 
 in unlawful carnal connection. 
 
 INCORPORALIA BELLO NON ADQUi- 
 
 runtur. Things incorporeal are not acquired 
 by war. 6 Maule & S. 104. 
 
 INCORPORATE. 
 
 (1) To form into a corporation; to pro- 
 cure or to grant a corporate franchise. 
 
 (2) To include in any writing the con- 
 tents of any other writing, whether by ac- 
 tual insertion, or by mere reference to the 
 document to be incorporated. 
 
 The act of creating a 
 The union of one do- 
 
 INCORPO RATION. 
 
 corporation. 
 
 In Civil Law. 
 
 main to another. 
 
 INCORPOREAL. Having no body or cor- 
 pus; not material or tangible; not an ob- 
 ject of sense, but existing solely in con- 
 templation of law. 
 
 INCORPOREAL CHATTELS. A class of 
 'incorporeal rights growing out of or inci- 
 dent to things personal; such as patent 
 rights and copyrights. 2 Steph. Conun. 72, 
 
 INCORPOREAL HEREDITAMENTS. Any- 
 thing, the subject of property, which is in- 
 heritable, and not tangible or visible. 2 
 Wooddeson, Lect. 4. A right issuing out of 
 a thing corporate, whether real or personal, 
 or concerning or annexed to or exercisable 
 within the same. 2 Sharswood, Bl. Coram. 
 20; 1 Washb. Real Prop. 10. See "Heredi- 
 taments." 
 
 INCORPOREAL PROPERTY. In civil law. 
 That which consists in legal right merely. 
 
INCORRIGIBLE ROGUE 
 
 523 
 
 INDECENT EXPOSURE 
 
 The same as choses in action at common 
 law. 
 
 INCORRIGIBLE ROGUE. A species of 
 rogue or offender, described in St. 6 Geo. 
 IV. c. 83, and St. 1 & 2 Vict. c. 38. 4 
 Steph. Comm. 309. 
 
 INCREASE, COSTS OF. In English law. 
 It was formerly a practice with the jury to 
 award to the successful party in an action 
 the nominal sum of 40s. only for his costs; 
 and the court assessed by their own officer 
 the actual amount of the successful party's 
 costs ; and the amount so assessed, over and 
 above the nominal sum awarded by the jury, 
 was thence called "costs of increase." Lush, 
 Com. Law Prac. 775. The practice has 
 now wholly ceased. Rapalje & L. 
 
 INCREMENTUM. In old English law. In- 
 crease; addition; accretion. Cowell. 
 
 INCROACHMENT. See "Encroachment." 
 
 INCULPATE. To impute blame or guilt; 
 to accuse. 
 
 INCULPATORY. In the law of evidence. 
 Going or tending to establish guilt; intend- 
 ed to establish guilt; criminative. Burrill, 
 Circ. Ev. 251, 252. 
 
 INCUMBENT. Prom the verb incumbo, 
 that is, to be diligently resident; and when 
 it is written encumbent, it is falsely writ- 
 ten. Co. Litt. 119b. See Termes de la Ley. 
 
 One who is in possession of an office and 
 is legally authorized to discharge the duties 
 of that office; as, the present incumbent. 
 11 Ohio 50. 
 
 In Ecclesiastical Law. A clerk resident on 
 his benefice with cure. He is so called be- 
 cause he does, or ought to, bend the whole 
 of his studies to his duties. 
 
 INCUMBRANCE. Any right to, or inter- 
 est in, land which may subsist in third per- 
 sons, to the diminution of the value of the 
 estate of the tenant, but consistently with 
 the passing of the fee. 5 Conn. 527; 2 
 Greenl. Ev. § 242. 
 
 INCUMBRANCER. One who holds an in- 
 cumbrance upon another's estate. 
 
 INCUR. To become subject to; to bring 
 on. 4 Denio (N. Y.) 103. "Men contract 
 debts; they incur liabilities." 15 How. Pr. 
 (N. Y.) 48. 
 
 INCURRERE, or INCURRAMENTUM. To 
 become liable to or subject to. Cowell. 
 
 INDE. Thereof; therefrom; therefore or 
 therewith. 
 
 INDE DATAE LEGES NE FORTIOR OM- 
 nfa posset. Laws were made lest the strong- 
 er should have unlimited power. Dav. 36. 
 
 INDEBITATUS. (Law Lat.) Indebted. 
 Nunqumn indebitatus, never indebted. The 
 
 title of the plea substituted in England for 
 nil debet. 
 
 INDEBITATUS ASSUMPSIT (Lat.) In 
 pleading. That species of action of assump- 
 sit in which the plaintiff alleges, in his dec- 
 laration, first a debt, and then a promise in 
 consideration of the debt to pay the amount 
 to the plaintiff. 
 
 It is so called from the words in which 
 the promise is laid in the Latin form, trans- 
 lated in the modern form, "being indebted 
 he promised." The promise so laid is gen- 
 erally an implied one only. See 1 Chit. PI. 
 334; Steph. PL 318; 4 Robinson, Prac. 490 
 et seq.; Yelv. 21; 4 Coke, 92b. This form 
 of action is brought to recover in damages 
 the amount of the debt or demand. Upon 
 the trial the jury will, according to evidence, 
 give verdict for whole or part of that sum. 
 3 Sharswood, Bl. Comm. 155; Selw. N. P. 
 68, 69 et seq. 
 
 Indebitatus assumpsit is in this distin- 
 guished from "debt" and "covenant," which 
 proceed directly for the debt, damages being 
 given only for the detention of the debt. 
 Debt lies on contracts by specialty as well 
 -as by parol, while indebitatus assumpsit lies 
 only on parol contracts, whether express or 
 implied. Browne, Actions at Law, 317. 
 
 For the history of this form of action, see 
 3 Reeve, Hist. Com. Law; 2 Comyn, Cent. 
 549-556; 1 H. Bl. 550, 551; 3 Bl. Comm. 154; 
 Yelv. 70. See "Assumpsit." 
 
 ■ INDEBITI SOLUTIO (Lat.) In civil law. 
 The payment to one of what is not due to 
 him. If the payment was made by mistake, 
 the civilians recovered it back by an actipn 
 called condictio indebiti. With us, such 
 money may be recovered by an action of 
 assum/psit. 
 
 INDEBITUM (Lat.) In civil law. Not due 
 or owing. Dig. 12. 6; Calv. Lex. 
 
 INDEBTEDNESS. A word of large mean- 
 ing. It is used to denote almost every kind 
 of pecuniary obligation originating in con- 
 tract. 12 R. L 179. 
 
 The state of being in debt, without re- 
 gard to the ability or inability of the party 
 to pay the same. See 1 Story, Eq. Jur. 
 343; 2 Hill, Abr. 421. 
 
 But in order to create an indebtedness, 
 there must be an actual liability at the 
 time, either to pay then or at a future time. 
 If, for example, a person were to enter 
 and become surety for another, who enters 
 into a rule of reference, he does not thereby 
 become a debtor to the opposite party until 
 the rendition of the judgment on the award. 
 1 Mass. 134. See Debt. 
 
 INDECENCY. An act tending to obscenity. 
 "The term [indecent] is said to signify more 
 than 'indelicate,' and less than 'immodest,' — 
 to mean something unfit for the eye or ear." 
 12 Fed. 671. 
 
 INDECENT EXPOSURE. Willful or neg- 
 ligent exposure of the person, or the private 
 
INDECIMABLE 
 
 624 
 
 INDEPENDENT CONTRACT 
 
 partB thereof, in a public plaea 2 Clark & 
 Marshall, Crimes, 1130; 2 Gray (Mass.) 72; 
 82 Mo. 660; 66 Ind. 328. 
 
 To constitute an offense at conunon law, 
 the offense must be in such a place that a 
 number of persons may be offended there- 
 by. 11 Cox, C. C. 659; 18 Vt. 574. 
 
 INDECIMABLE. Not tlthable. 
 
 INDEFEASIBLE. That which cannot be 
 defeated or undone. This epithet is usually 
 applied to an estate or right which cannot 
 be defeated. 
 
 INDEFENSU8 (Lat.) One sued or im- 
 pleaded who refuses or has nothing to an- 
 swer. 
 
 INDEFINITE FAILURE OF ISSUE. See 
 "Failure of Issue." 
 
 INDEFINITE NUMBER. A number which 
 may be increased or diminished at pleasure. 
 
 When a corporation is composed of an in- 
 definite number of persons, any number of 
 them consisting of a majority of those pres- 
 ent may do any act, unless it be otherwise 
 regulated by the charter or by-laws. 
 
 INDEFINITE PAYMENT. That which a 
 debtor who owes several debts to a creditor 
 makes without making an appropriation. In 
 that case the creditor has a right to make 
 such appropriation. 
 
 INDEFINITUM AEQUIPOLLET UNIVER- 
 sali. The undefined is equivalent to the 
 whole. 1 Vent. 368. 
 
 INDEFINITUM SUPPLET LOCUM UNN 
 versalls. The undefined supplies the place 
 of the whole. 4 Coke, 77. 
 
 INDEMNIFY. To save harmless; to se- 
 cure against loss or damage; to make good; 
 to put one in the situation he was in before 
 sustaining a loss. 
 
 INDEMNIS (Lat.) Without loss, damage, 
 or harm. 
 
 INDEMNITEE. The person who is pro- 
 tected by a contract of indemnity. 
 
 INDEMNITOR. The person who, by a con- 
 tract of indemnity, agrees to protect an- 
 other. 
 
 INDEMNITY. That which is given to a 
 person to prevent his suffering damage. 2 
 McCord (S. C.) 279. 
 
 Security to save harmless. A contract 
 whereby one party agrees to secure another 
 against an anticipated loss or damage, and 
 the liability under which is coterminous 
 with the liability it is intended to cover. 53 
 L. J. Q. B. 321; 12 Q. B. D. 152. 
 
 For distinction between "indemnity" and 
 "guaranty," see "Guaranty." 
 
 INDEMPNIS (Law Lat.) The old form of 
 writing indemnie. Towns. PL 19. So, in- 
 dempnificatus for indemnificatus. 
 
 INDENIZATION. The act of making a 
 denizen. 
 
 INDENT (Lat. in, and dens, tooth). To 
 cut in the shape of teeth. 
 
 Deeds of indenture were anciently written 
 on the same parchment or paper as many 
 times as there were parties to the instru- 
 ment, the word chirographum being written 
 between, and then the several copies cut 
 apart in a zigzag or notched line (whence 
 the name), part of the word chirographum 
 being on either side of it, and each party 
 kept a copy. The practice now is to cut 
 the top or side of the deed in a waving or 
 notched line. 2 Sharswood, Bl. Comm. 295. 
 
 To bind by indentures; to apprentice; as. 
 to indent a young man to a shoemaker^ 
 Webster. 
 
 — ^In American Law. An Indented cer- 
 tificate issued by the government of the 
 United States at the close of the Revolution, 
 for the principal or interest of the public 
 debt. Ramsay; Hamilton; Webster; Eliot, 
 Funding System, 36; 6 McLean (U. S.) 178: 
 Act April 30, 1790, Sess. 2, c. 9, § 14; Act 
 March 3, 1825, Sess. 2, c. 65, § 17. The 
 word is no longer in use in this sense. 
 
 INDENTURE. A formal written instru- 
 ment made between two or more persons 
 in different interests, as opposed to a deed 
 poll, which is one made by a single person, 
 or by several having similar interests. 
 
 Its name comes from a practice of indent- 
 ing or scolloping such an instrument on the 
 top or side in a waving line. This is not 
 necessary in England at the present day, by 
 St. 8 & 9, Vict. c. 106, § 5, but was in Lord 
 Coke's time, when no words of indenture 
 would supply its place. 6 Coke, 20. In this 
 country it is a mere formal act, not neces- 
 sary to the deed's being an indenture. See 
 Bac. Abr. "Leases" (E 2) ; Comyn, Dig. 
 "Fait" (C, and note d) ; Litt. § 370; Co. 
 Litt. 143b, 229a; Cruise, Dig. tit. 32, c 1, 
 § 24; 2 Sharswood, -Bl. Comm. 294; 2 Washb. 
 Real Prop. 587 et seq.; 1 Steph. Comm. 447. 
 The ancient practice was to deliver as many 
 copies of an instrument as there were par- 
 ties to it. And as early as King John it 
 became customary to write the copies on the 
 same parchment, with the word chirogror 
 phum, or some other word, written between 
 them, and then to cut them apart through 
 such word, leaving part of each letter on 
 either side the line, which was at first 
 straight, afterwards indented or notched. 1 
 Reeve, Hist. Eng. Law, 89; Du Cange; 2 
 Washb. Real Prop. 587 et seq. See "In- 
 dent." 
 
 INDENTURE OF APPRENTICESHIP. A 
 contract in two parts, by which a person is 
 bound to serve another in his trade, art, or 
 occupation, on condition of being instructed 
 in it. See "Apprentice." 
 
 INDEPENDENT CONTRACT. One in 
 which the mutual acts or promiseB have no 
 relation to each other, either as equivalents 
 
INDEPENDENT COVENANTS 
 
 525 
 
 INDICTMENT 
 
 or considerations. Civ. Code La. art. 1762; 
 1 Bouv. Inst, note 699. 
 
 INDEPENDENT COVENANTS. Covenants 
 in an instrument which are independent of 
 each other, or where the performance of one 
 does not depend on the performance of the 
 other. 1 Seld. 247. 
 
 INDEPENDENTER SE HABET ASSECU- 
 ratio a viaggio navis. The voyage insured 
 is an independent or distinct thing from the 
 voyage of the ship. 3 Kent, Comm. 318, 
 note. 
 
 INDETERMINATE. That which Is uncer- 
 tain, or not particularly designated; as, if 
 I sell you one hundred bushels of wheat, 
 without stating what wheat. 1 Bouv. Inst, 
 note 950. 
 
 INDEX ANIMI SERMO. Speech is the in- 
 dex of the mind. 
 
 INDIAN TRIBE. A separate and distinct 
 community or body of the aboriginal Indian 
 race of men found in the United States. 
 See 5 Pet. (U. S.) 1, 16, 17; 20 Johns. (N. 
 Y.) 193; 3 Kent, Comm. 308-318; Story, 
 Const. § 1096; 4 How. (U. S.) 567; 1 Mc- 
 Lean (U. S.) 254; 6 Hill (S. C.) 546; 3 
 Ala. (N. S.) 48, 
 
 INDICARE (Law Lat. from index, a show- 
 er or pointer) . In the civil law. To show 
 or discover. 
 
 To fix or tell the price of a thing. Calv. 
 Lex. 
 
 To inform against; to accuse. Dig. 50. 16. 
 197. 
 
 INDICATIF. An abolished writ by which 
 a prosecution was in some cases removed 
 from a court christian to the queen's bench. 
 Enc. Lond. 
 
 INDICATION. In the law of evidence. A 
 sign or token; a fact pointing to some in- 
 ference or conclusion. Burrill, Circ. Ev. 
 251, 252, 263, 275. 
 
 INDICAVIT (Lat. from indicctre, to show). 
 In English practice. A writ of prohibition 
 that lies for a patron of a church, whose 
 clerk is sued in the spiritual court by the 
 clerk of another patron, for tithes amount- 
 ing to a fourth part of the value of the liv- 
 ing. 3 Bl. Comm. 91; 3 Steph. Comm. 711. 
 So termed from the emphatic word of the 
 Latin form. Reg. Orig. 35b, 36. 
 
 INDICIA (Lat.) Signs; marks. Conjec- 
 tures which result from circumstances not 
 absolutely certain and necessary, but merely 
 probable, and which may turn out not to be 
 true, though they have the appearance of 
 truth. 
 
 The term is much used in the civil law 
 in a sense nearly or entirely synonymous 
 with "circumstantial evidence." It denotes 
 facts which give rise to inferences, rather 
 than the inferences themselves. However 
 numerous indicia may be, they only show 
 
 that a thing may be, not that it has been. 
 An indicium can have effect only when a 
 connection is essentially necessary with the 
 principal. Effects are known by their 
 causes, but only when the effects can arise 
 only from the causes to which they are at- 
 tributed. When several causes may have 
 produced one and the same effect, it is there- 
 fore unreasonable to attribute it to any par- 
 ticular one of such causes. 
 
 The term is much used in common law of 
 signs or marks of identity. For example, in 
 replevin it is said that property must have 
 indicia, or ear marks, by which to distin- 
 guish it from other property of the same 
 kind. So it is much used in the phrase 
 "indicia of crime," in a sense similar to that 
 of the civil law. 
 
 INDICIUM (Lat.) Singular of indicia 
 (q. v.). In civil law. A sign or mark; 
 a species of proof, answering very 
 nearly to the "circumstantial evidence" of 
 the common law. Best, Pres. p. 13, § 11, 
 note; Wills, Circ. Ev. 34. 
 
 INDICTED. Having had an indictment 
 found against him. 
 
 INDICTEE. A person indicted. 
 
 INDICTIO (Lat.) In old public law. A 
 declaration; a proclamation. Indictio belli, 
 a declaration or indiction of war. Molloy 
 de Jur. Mar. 17. 
 
 INDICTION. The space of fifteen years. 
 
 It was used in dating at Rome and in 
 England. It began at the dismission of the 
 Nicene council, A. D. 312. The first year 
 was reckoned the first of the first indiction, 
 and so on till fifteen years afterwards. The 
 sixteenth year was the first year of the sec- 
 ond indiction; the thirty-first year was the 
 first year of the third indiction, etc. 
 
 INDICTMENT. In criminal practice. A 
 written accusation against one or more per- 
 sons of a crime or misdertieanor, presented 
 to, and preferred upon oath or affirmation 
 by, a grand jury legally convoked. 4 Bl. 
 Comm. 299; Co. Litt. 126; 2 Hale, P. C. 
 152; Bac. Abr.; Comyn, Dig.; 1 Chit. Grim. 
 Law, 168. 
 
 An accusation at the suit of the crown, 
 found to be true by the oaths of a grand 
 jury. 
 
 A written accusation of one or more per- 
 sons of a crime or misdemeanor, preferred 
 to and presented on oath by a grand jury, 
 and by assent of twelve at least. 12 Conn. 
 452. 
 
 The word is said to be derived from the 
 old French word inditer, which signifies to 
 indicate, to show, or point out. Its object 
 is to indicate the offense charged against 
 the accused. Rey des Inst. I'Angl. torn. 
 2, p. 347. 
 
 A distinction has been taken between "in- 
 dictment" and "presentment," the former 
 being a bill of indictment presented to the 
 grand jury by the prosecuting officer, and 
 
INDICTOR 
 
 526 
 
 INDUCIAE 
 
 by it found to be "a true bill"; while the 
 latter is a return made by the grand jury 
 of its own motion, upon which a bill of in- 
 dictment was subsequently framed. 4 Bl. 
 Comm. 301; 7 Grat. (Va.) 631. This dis- 
 tinction is no longer of much practical im- 
 portance; an indictment in modern practice 
 being both a finding and a presentment. See 
 9 Gray (Mass.) 290. 
 
 INDICTOR. He who causes another to be 
 indicted. The latter is sometimes called 
 the "indictee." 
 
 INDIFFERENT. To have no bias or par- 
 tiality. 7 Conn. 229. A juror, an arbitra- 
 tor, and a witness ought to be indifferent; 
 and when they are not so they may be chal- 
 lenged. See 9 Conn. 42. 
 
 INDIGENA (Lat. from inde, in, and geno, 
 gigno, to beget). A native; bom or bred in 
 the same country or town. Ainsworth. A 
 subject born, or naturalized by act of par- 
 liament. Opposed to alienigena. Eymer, 
 torn. 15, p. 37; Cd. Litt. 8a, 
 
 INDIRECT EVIDENCE. Evidence which 
 does not prove the fact in question, but one 
 from which it may be presumed. See "Evi- 
 dence." • 
 
 INDISTANTER. Instanter. 
 
 INDITEE (Law Fr.) In old English law. 
 An indictee. 9 Coke, pref. 
 
 INDIVIDUUM (Lat.) In civil law. That 
 cannot be divided. Calv. Lex. 
 
 INDIVISIBLE. Which cannot be separat- 
 ed; entire. 
 
 INDIVISUM (Lat.) That which two or 
 more persons hold in common without par- 
 tition; undivided. 
 
 INDORSAT. In old Scotch law. Indorsed. 
 2 Pitc. Crim. Tr. 41. 
 
 INDORSE. To write on the back. Bills, of 
 exchange and promissory notes are indorsed 
 by a party's writing his name on the back. 
 Writs in Massachusetts are indorsed in some 
 cases by a person's writing his name on the 
 back, in which case he becomes liable to 
 pay the costs of the suit. 
 
 INDORSEE. The person to whom a nego- 
 tiable instrument is transferred by indorse- 
 ment. 
 
 INDORSEMENT. 
 
 In Commercial Law. That which is 
 
 written on the back of an instrument in 
 writing, and which has relation to it. 
 
 Writing one's name on the back , of a 
 promissory note or other negotiable instru- 
 ment 20 Vt. 499. 
 
 An indorsement is generally made pri- 
 marily for the purpose of transferring the 
 rights of the holder of the instrument to 
 some other person. It has, however, various 
 results, such as rendering the indorser li- 
 
 able in certain events; and hence an in- 
 dorsement is sometimes made merely for the 
 purpose of additional security. This is 
 called an "accommodation' indorsement" 
 when done without consideration other than 
 an exchange of indorsements. See "Accom- 
 modation." 
 
 (1) A blank indorsement is one in which 
 the name of the indorser only is written 
 upon the instrument. It is commonly made 
 by writing the name of the indorser on the 
 back (13 Serg. & R. [Pa.] 315), but a writ- 
 ing across the face may answer the same 
 purpose (18 Pick. [Mass.] 63; 16 East, 12). 
 
 (2) An indorsement in full is one in 
 which mention is made of the name of the 
 indorsee. Chit. Bills, 170. 
 
 (3) A conditional indorsement is one 
 made subject to some condition without the 
 performance of which the instrument will 
 not be or remain valid. 4 Taunt. 30. 
 
 (4) A qualified indorsement is one which 
 restrains, or limits, or qualifies, or enlarges 
 the liability of the indorser, in any manner 
 different from what the law generally im- 
 ports as his true liability, deducible from 
 the nature of the instrument. Chit. Bills 
 (8th Ed.) 261; 7 Taunt. 160. The words 
 commonly used are sans recours, without 
 recourse. 3 Mass. 225; 12 Mass. 14. 
 
 (5) A restrictive indorsement is one which 
 restrains the negotiability of the instrument 
 to a particular person, or for a particular 
 purpose. 1 Rob. (La.) 222. 
 
 — ^In Criminal Law. An entry made upon 
 the back of a writ or warrant. 
 
 When a warrant for the arrest of a per- 
 son charged with a crime has been issued 
 by a justice of the peace of one county, 
 which is to be executed in another county, 
 it is necessary, in some states, that it should 
 be indorsed by a justice of the county where 
 it is to be executed. This indorsement is 
 called "backing." 
 
 INDORSER. The person who makes an 
 indorsement. 
 
 INDUCEMENT. 
 
 In Contracts. The benefit which the 
 
 obligor is to receive from a contract is the 
 inducement for making it. 
 
 In Criminal Law. The motive. Con- 
 fessions 'are sometimes made by criminals 
 under the influence of promises or threats. 
 When these promises or threats are made by 
 persons in authority, the confessions cannot 
 be received in evidence. See "Confession.' 
 
 In Pleading. The statement of matter 
 
 which is introductory to the principal sub- 
 ject of the declaration or plea, and which is 
 necessary to explain or elucidate it. See 
 "Colloquium." 
 
 INDUCIAE (Lat.) 
 
 In Civil Law. A truce; cessation from 
 
 hostilities for a time agreed upon. Also, 
 such agreement itself. Calv. Lex. So in 
 international law. Grotius de Jure Belli, 
 lib. 3, c. 2, § 11; Huber, Jur. Civ. p. 743, 
 § 22. 
 
INDUCIAE LEGALES 
 
 527 
 
 INFAMOUS PUNISHMENT 
 
 In Old Practice. A delay or indulgence 
 
 allowed by law. Calv. Lex.; Du Cange; 
 Bracton, fol. 352b; Fleta, lib. 4, c. 5, § 8. 
 See Bell, Diet; Burton, Law Scot. 561. So 
 used in old maritime law; e. g., an induciae 
 of twenty days after safe arrival of vessel 
 was allowed in case of a bottomry bond, to 
 raise principal and interest. Locc. de Jure 
 Mar. lib. 2, c. 6, § 11. 
 
 INDUCIAE LEGALES (Lat.) In Scotch 
 law. The days between the citation of the 
 defendant and the day of appearance; the 
 days between the teste day and day of re- 
 turn of the writ. 
 
 INDUCING. The words "inducing" and 
 "persuading" as used in an information for 
 pandering, are practically synonymous and 
 charge only one offense. 198 111. App. 361. 
 
 INDUCTION. In ecclesiastical law. The 
 giving a clerk, instituted to a benefice, the 
 actual possession of its temporalities, in the 
 nature of livery of seisin. Ayliffe, Par. 299. 
 
 INDULGENCE. A favor granted. 
 
 It is a general rule that where a creditor 
 gives indulgence, by entering into a binding 
 contract with a principal debtor, by which 
 the surety is or may be damnified, such 
 surety is discharged, because the creditor 
 has put it out of his power to enforce im- 
 mediate payment, when the surety would 
 have a right to require him to do so. 6 
 Dow, Pari. Cas. 238; 3 Mer. 272; Bac. Abr. 
 "Oblig." (D). 
 
 INDULTO. In Spanish law. The condo- 
 nation or remission of the punishment im- 
 posed on a criminal for his offense. L. 1, 
 tit. 32, pt. 7. This power is exclusively 
 vested in the king. 
 
 INDUMENT. Endowment, (q. v.) 
 
 INDUSTRIAL PURSUITS. The expression 
 industrial pursuit is broader than "trad- 
 ing" or "manufacturing." It includes both, 
 and something more. It has been held 
 that a statute authorizing corporations for 
 "industrial pursuits" authorizes a corpora- 
 • tion for carrying on the express business, 
 and a corporation for carrying on a mer- 
 cantile business for the sale of goods, 
 mining supplies, etc. Fletcher Cyclopedia 
 Corporations 131. 
 
 INDUSTRIAM. See "Per Industriam." 
 
 INEBRIATE. An habitual drunkard. A 
 person rendered unfit, by habitual intoxi- 
 cation, to transact business. 
 
 INELIGIBILITY. The incapacity to be 
 lawfully elected to an office. 
 
 INESSE POTEST DONATIONI, MODUS, 
 conditio sive causa; ut modus est; si condi- 
 tio; quia causa. In a gift there may be man- 
 ner, condition, and cause; as (ut), intro- 
 duces a manner; if (si), a condition; be- 
 cause (quia), a cause. Dyer, 138. 
 
 I NEST DE JURE. It is implied by law. 
 
 INEVITABLE ACCIDENT. A term used 
 in the civil law, nearly synonymous with 
 fortuitous event. 10 Miss. 572. 
 
 Any accident which cannot be foreseen 
 and prevented. Though used as synonymous 
 with "act of God," it would seem to have a 
 wider meaning, including not only accidents 
 resulting from natural forces, but those 
 originating from human agencies. 4 Doug. 
 287, 290, per Lord Mansfield; 21 Wend. (N. 
 Y.) 198, per Cowen, J.; 3 Blackf. (Ind.) 
 222; 2 Ga. 349; 10 Miss. 572; 1 Pars. Cont. 
 635; Whart. Neg. 553. 
 
 ——In the Law of Maritime Collisions. In- 
 evitable accident, "an occurrence which the 
 party charged with the collision could not 
 possibly prevent by the exercise of ordinary 
 care, caution, and maritime skill." 2 Wall. 
 (U. S.) 550. 
 
 INFALISTATUS (Law Lat. from in, and 
 Fr. falaize, the seashore). In old English 
 law. Exposed upon the sands or seashore. 
 A species of punishment mentioned in Heng- 
 ham. Summa Parva, c. 3; Cowell. 
 
 INFAMARE. (Lat.) In the civil law. To 
 defame; to attack or injure one's charac- 
 ter by word or writing. Brissonius; 3 Bl. 
 Com. 125. 
 
 INFAMIS (Lat.) In Roman law. One who, 
 in consequence of the application of a gen- 
 eral rule, and not by virtue of an arbitrary 
 decision of the censors, lost his political 
 rights, but preserved his civil rights. Sa- 
 vigny, Dr. Rom. i 79. 
 
 INFAMOUS CRIME. A crime which works 
 infamy in one who has committed it. 
 
 In the United States. It has been held 
 
 that only those crimes are infamous that 
 were so at common law (1 Dak. 289) , but 
 the general rule is that any offense is in- 
 famous that may be punished by death, or 
 by imprisonment in the penitentiary, with 
 or without hard labor. 128 U. S. 393; 8 
 Gray (Mass.) 349; 75 Mich. 611. 
 
 A crime which subjects the party to a dis- 
 qualification to hold office, in case he is con- 
 victed of such crime. 171 111. 73. 
 
 The test is the possible punishment, and 
 not that awarded in a particular case. 114 
 U. S. 417. 
 
 At Common Law. Treason and all 
 
 felonies, and certain misdemeanors affecting 
 the public interest most closely, were in- 
 famous crimes, the nature of the crime 
 being the test. 1 Greenl. Ev. § 373; 114 U. 
 S. 417. 
 
 INFAMOUS PERSONS. Such as may be 
 challenged as jurors propter delictum, and 
 therefore shall never be admitted to give 
 evidence to inform that jury with whom 
 they were too scandalous to associate. 59 
 Pa. St. 116. 
 
 INFAMOUS PUNISHMENT. Disqualifica- 
 tion from holding office, if inflicted as a 
 
INFAMY 
 
 528 INPIRMATIVE CONSIDERATION 
 
 punishment for crime, is an infamous pun- 
 ishment. 171 111. 73. 
 
 INFAMY. That state which is produced 
 by the conviction of an infamous crime, and 
 the loss of honor, which renders the in- 
 famous person incompetent as a witness or 
 juror. 3 Watts & S. (Pa.) 342. 
 
 INFANGTHEFE (from in, within, fang, 
 taken, and thef, or theof, a thief). In old 
 English law. A thief taken in, or within; 
 i. e., within the manor or liberty of any man 
 having jurisdiction to try him. Spelman; 
 Fleta, lib. 6, c. 37, § 2. A thief taken on 
 any one's lands, being one of his own men 
 or tenants, found in possession of the thing 
 stolen. Bracton, fol. 154b; 2 Reeve, Hist. 
 Eng. Law, 40. 
 
 The privilege or liberty, anciently granted 
 to lords of certain manors, to try such of- 
 fenders. Id.; Cowell; LL. Gul. Conq. lib. 
 3, note. 
 
 INFANS NON MULTUM A FURrOSO 
 distat. An infant does not differ much from 
 a lunatic. Bracton, lib. 3, c. 2, § 8; Dig. 
 50. 17. 5. 40; 1 Story, Eq. Jur. §§ 223, 224, 
 242. 
 
 INFANT. At common law, one of either 
 sex under the age of twenty-one years. Co. 
 Litt. 171. By statute, the age at which fe- 
 males reach their majority has been lowered 
 in some states. See "Age." 
 
 INFANTIA (Lat. from infans). In the 
 civil law. The age from birth till the com- 
 pletion of seven years. 4 Bl. Comm. 22; 
 CalV. Lex.; Heinec. Elem. Jur. Civ. lib. 1, 
 tit. 21, § 247. 
 
 INFANTICIDE. The murder of a new- 
 born infant. It is thus distinguishable from 
 "abortion" and "foeticide," which are limit- 
 ed to the destruction of the life of the foetus 
 in utero. 
 
 INFANZON. In Spanish law. A person of 
 noble birth, who exercises within his do- 
 mains and inheritance no other rights and 
 privileges than those conceded to him. 
 
 INFEFT. In Scotch law. To give seisin 
 or possession of lands; to invest or enfeoif. 
 1 Karnes, Eq. 215. 
 
 INFEFTMENT. 
 
 In Old Scotch Law. Investiture or in- 
 
 feudation, including both charter and seisin. 
 1 Forbes, Inst. pt. 2, p. 110. 
 
 In Later Law. Sasine, or the instru- 
 ment of possession. Bell. Diet. 
 
 INFENSARE CURIAM (Law Lat) An 
 expression applied to a court when it sug- 
 gested to an advocate something which he 
 had omitted through mistake or ignorance. 
 Spelman. 
 
 INFEOFFMENT. The act or instrument 
 of feoffment. In Scotland it is synonymous 
 with sasine, meaning the instrument of pos- 
 
 session. Formerly it was synonymou^ with 
 "investiture." Bell, Diet. See "Enfeoffment." 
 
 INFERENCE, A conclusion drawn by rea- 
 son from premises established by proof. 
 
 INFERIOR. One who, in relation to an- 
 other, has less power and is below him; one 
 who is bound to obey another. He who 
 makes the law is the superior; he who is 
 bound to obey it, the inferior. 1 Bouv. 
 Inst, note 8. 
 
 INFERIOR COURTS. By this term are 
 understood all courts except the supreme 
 courts. An inferior court is a court of lim- 
 ited jurisdiction, and it must appear on the 
 face of its proceedings that it has jurisdic- 
 tion, or its proceedings will be void. 3 
 Bouv. Inst, note 2529. 
 
 INFICIARI, or INFITIARI (Lat.) In the 
 civil law. To deny; to deny one's liability; 
 to refuse to pay a debt or restore a pledge; 
 to deny the allegation of a plaintiff; to 
 deny the charge of an accuser. Calv. Lex. 
 
 INFICIATIO (Lat.) In civil law. Denial; 
 denial of fact alleged by plaintiff, — especial- 
 ly, a denial of debt or deposit. Vocat; Calv. 
 Lex. 
 
 INFIDEL.. One who does not believe in 
 the existence of a God who will reward or 
 punish in this world, or that which is to 
 come. Willes, 550. One who professes no 
 religion that can bind his conscience to 
 speak the truth. 1 Greenl. Ev. § 368. 
 
 This term has been very indefinitely ap- 
 plied. Under the name of "infidel," Lord 
 Coke comprises Jews and heathens (2 Inst. 
 506; 3 Inst. 165), and Hawkins includes 
 among infidels such as do not believe either 
 in the Old or New Testament (Hawk. P. C. 
 bk. 2, c. 46, § 148). 
 
 INFIDELITAS (Lat.) In feudal law. In- 
 fidelity; faithlessness to one's feudal oath. 
 Spelman. 
 
 INFIDUCIARE (Law Lat.) In old Euro- 
 pean law. To pledge property. Spelman. 
 
 INFIHT (Saxon). An assault upon an in- 
 habitant of same dwelling. Anc. Inst. Eng. 
 
 INFINITUM IN JURE REPROBATUR. 
 
 That which is infinite or endless is repre- 
 hensible in law. 9 Coke, 45. 
 
 INFIRMATIVE. Weakening. Webster. 
 Tending to weaken or render infirm; dis- 
 probabilizing. 3 Benth. Jud. Ev. 13, 14. 
 Exculpatory is used by some authors as 
 synonymous. See Wills, Circ. Ev. 120 et 
 seq.; Best, Pres. § 217 et seq. 
 
 INFIRMATIVE CONSIDERATION. In the 
 law of evidence. A consideration, supposi- 
 tion, or hypothesis of which the criminative 
 facts of a case admit, and which tends to 
 weaken the inference or presumption of 
 
 fuilt deducible from them. Burrill, Circ. 
 Iv. 153-155. 
 
INFIRMATIVE FACT 
 
 529 
 
 INFRA ANNUM LUCTUS 
 
 INFIRMATIVE FACT. In the law of evi- 
 denca A fact set up, proved, or even sup- 
 posed, in opposition to the criminative facts 
 of a case, tiie tendency of which is to weak- 
 en the force of the inference of guilt de- 
 ducible from them. 3 Benth. Jud. Ev. 14; 
 Best, Pres. § 217 et seq,; Burrill, Circ. Ev. 
 154. 
 
 Otherwise called an "exculpatory fact." 
 
 INFIRMATIVE HYPOTHESIS. In the law 
 of evidence. An hypothesis upon which the 
 criminative circumstances may be explained 
 consistently with the innocence of the ac- 
 cused. 
 
 INFORMAL. Deficient in matters of form. 
 
 INFORMALITY. Want of legal form. 
 
 INFORMATION. The communication of 
 material facts for the first time. 4 M. & 
 W. 24. 
 
 In French Law. The act or instru- 
 ment which contains the depositions of wit- 
 nesses against the accused. Poth. Proc. 
 Civ. § 2, art. 5. 
 
 In Practice. A criminal information is 
 
 an accusation or a complaint exhibited 
 against a person for some criminal offense. 
 It differs principally from an indictment 
 in this, that an indictment is found upon 
 the oath of twelve men and an information 
 is only the allegation of the officer who ex- 
 hibits it. 4 Bl. Comm. 308. It is a prose- 
 cution originating with an officer, but may 
 originate with a private citizen,^ but its 
 object is, not compensation to the informer, 
 but solely the public advantage. 67 Mo. 
 379. 
 
 Informations "are of two sorts; first, 
 those which are partly at the suit of the 
 king and partly at that of a subject; and 
 secondly, such as are only in the name of 
 the king." And the last "are of two kinds; 
 first those which are tijuly and properly his 
 own suits, and filed ex officio by his own 
 officer, the Attorney-General; and secondly, 
 those in which, though the King is the nomi- 
 nal prosecutor, yet it is at the relation of 
 some private person or common informer. 
 12 Conn. 452. 
 
 Criminal Informations are analogous to 
 declarations for the redress of a personal 
 injury, except that the latter are at the 
 suit of a subject for the satisfaction of a 
 private wrong, and the former are in the 
 name of the King, for the punishment of 
 offences affecting the interests of the pub- 
 lic. 20 N. H. 296. 
 
 The process has not been formally put in 
 motion by congress for misdemeanors, but 
 is common in civil- prosecutions for penal- 
 ties and forfeitures. 3 Story, Const. 659. 
 The information is usually made upon 
 knowledge given by some other person than 
 the officer, called the "relator." 
 
 The term is also applied to the pleadmg 
 by which proceedings by the government, 
 particularly those of a quasi criminal char- 
 acter, are begun. 
 
 INFORMATION IN THE NATURE OF A 
 quo warranto. A proceeding against the 
 usurper of a franchise or office. See "Quo 
 Warranto." 
 
 INFORMATION OF INTRUSION. A pro- 
 ceeding instituted by the state prosecuting 
 officer against intruders upon the public do- 
 main. See Gen. St. Mass. c. 141; 3 Pick. 
 (Mass.) 224; 6 Leigh (Va.) 588. 
 
 INFORMATUS NON SUM (Lat.) In prac- 
 tice. I am not informed. A formal answer 
 made in court or put upon record by an at- 
 torney when he has nothing to say in de- 
 fense of his client. Styles, Reg. 372. 
 
 INFORMER. A person who Informs or 
 prefers an accusation against another, whom 
 he suspects of the violation of some penal 
 statute. 
 
 INFORTIATUM (Lat.) In civil law. The 
 second part of the Digest or Pandects of 
 Justinian. See "Digest." 
 
 This part, which commences with the 
 third title of the twenty-fourth book, and 
 ends with the thirty-eighth book, was thus 
 called because it was the middle part, which, 
 it was said, was supported and fortified by 
 the two others. Some have supposed that 
 this name was given to it because it treats 
 of successions, substitutions, and other im- 
 portant matters, and, being more used than 
 the others, produced greater fees to the 
 lawyers. 
 
 INFRA (Lat.) Below; under; beneath; 
 underneath. The opposite of supra, above. 
 Thus, we say, prima gradu est, — supra, pa- 
 ter, mater, infra, filius, filia; in the first 
 degree of kindred in the ascending line, 
 above is the father and the mother, below, 
 in the descending line, son and daughter. 
 Inst. 3, 6. 1. 
 
 In another sense, this word _ signifies 
 "within"; as, infra corpus civitatis, within 
 the body of the county; infra praesidia, 
 within the guards; infra elausum, within the 
 close. So of time, "during"; infra furor em, 
 during the madness. This use is not classi- 
 cal. The sole instance of the word in this 
 sense in the Code, infra anni spatium (Code, 
 bk. 5, tit. 9, § 2), is corrected to intra anni 
 spatium, in the edition of the Corpus Jur. 
 Civ. of 1833, at Leipsic. The use of infra 
 for intra seems to have sprung up among 
 the barbarians after the fall of the Roman 
 empire. In Italian, the preposition fra, 
 which is a corruption of infra, is used in 
 the sense of intra. Bonetti, Ital. Diet. 
 
 INFRA AETATEM (Lat.) Within or un- 
 der age. 
 
 INFRA ANNOS NUBILES (Law Lat.) Un- 
 der marriageable years; not yet of mar- 
 riageable age. 6 Coke, 22. 
 
 INFRA ANNUM LUCTUS (Lat.) Within 
 
 the year of grief or mourning. 1 Sharswood, 
 
 IBI. Comm. 457; Code, 5. 9. 2. But intra 
 
INFEA BRACHIA 
 
 630 
 
 INGENIUM 
 
 anni spatium is the phrase used in the pass- 
 age in the Code referred to. See Corp. Jur. 
 Civ. 1843, Leipsic. Intra tempus luctus oc- 
 curs in Novella 22, c. 40. This year was at 
 first ten months, afterwards twelve. 1 Beck, 
 Med. Jur. 612. 
 
 INFRA BRACHIA (Lat.) Within her arms. 
 Used of a husband de jure as well aa de 
 facto. 2 Inst. 317. Also, inter brachia. 
 Bracton, fol. 148b. It was in this sense 
 that a woman could only have an appeal for 
 murder of her husband inter brachia sua. 
 Woman's Lawy., pp. 332, 335. 
 
 INFRA CIVITATEM. Within the state. 
 
 INFRA CORPUS COMITATUS (Lat.) 
 Within the body of the county. 
 
 The common-law courts have jurisdiction 
 infra corpus comitatus. The admiralty, on 
 the contrary, has no such jurisdiction, un- 
 less, indeed, the tide water may extend with- 
 in such county. 5 How. (U. S.) 441, 451. 
 See "Admiralty"; "Fauces Terrae." 
 
 INFRA DIGNITATEM CURIAE (Lat.) Be- 
 low the dignity of the court. Example: In 
 equity a demurrer will lie to a bill on the 
 ground of the triviality of the matter in dis- 
 pute, as being below the dignity of the 
 court. See 4 Johns. Ch. (N. Y.) 183; 4 
 Paige, Ch. (N. Y.) 364; 4 Bouv. Inst, 
 note 4237. 
 
 INFRA FUROREM (Law Lat.) During 
 madness ; while in a state of insanity. Brac- 
 ton, fol. 19b; Fleta, lib. 3, c. 9, § 17. 
 
 INFRA HOSPITIUM (Lat.) Within the 
 inn. When once a traveler's baggage comes 
 irifra hospitium, that is, in the care and 
 under the charge of the innkeeper, it is at 
 his risk. See 1 Coke, 32; 14 Johns. (N. Y.) 
 175; 21 Wend. (N. Y.) 282; 25 Wend. (N. 
 Y.) 642; 8 N. H. 408; 1 Smith, Lead. Cas. 
 47; 9 Pick. (Mass.) 280; 7 Cush. (Mass.) 
 417; 1 Adol. & E.-522; 3 Nev. & M. 576; 2 
 Kent, Comm. 593 (9th Ed.) Story, Bailm. 
 § 478; 1 Pars. Cont. 631, notes. See "Guest"; 
 "Innkeeper." 
 
 INFRA JURISDICTIONEM (Law Lat.) 
 Within the jurisdiction. 2 Strange, 827; 
 Latch, 214. 
 
 INFRA LIGEANTIAM REGIS (Law Lat.) 
 Within the king's ligeance. Comb. 212. 
 
 INFRA METAS (Law Lat.) Within the 
 bounds or limits. Infra metas forestae, 
 within the bounds of the forest. Fleta, lib. 
 2, c. 41, § 12. Infra metas hospitii, within 
 the limits of the household; within the verge. 
 Id. lib. 2, c. 2, § 2. 
 
 INFRA PRAESIDIA (Lat. within the 
 walls). A term used in relation to prizes, 
 to signify that they had been brought com- 
 pletely in the power of the captors; that is, 
 within the towns, camps, ports, or fleet of 
 the captors. Formerly the rule was, and 
 perhaps still in some countries is, that the 
 
 act of bringing a prize infra praesidia 
 changed the property; but the rule now es- 
 tablished is that there must be a sentence 
 of condemnation to effect this purpose. 1 C. 
 Rob. Adm. 134; 1 Kent, Comm. 104; Chit. 
 Law Nat. 98; Abb. Shipp. 14,; Hugo, Dr. 
 Rom. § 90. 
 
 INFRA QUATUOR MARIA (Lat.) Within 
 the four seas. Litt. § 157. 
 
 According to classical style, the phrase 
 ought to be "intra," etc. Harg. Co. Litt. 
 lib. 2, note 115. 
 
 INFRA REGNUM (Law Lat.) Within the 
 realm. Reg. Orig. 25. 
 
 INFRA TEMPUS SEMESTRE (Law Lat.) 
 Within six months (infra sex menses). St. 
 Westminster II. c. 5, 2 Inst. 361; 2 Reeve, 
 Hist. Eng. Law, 195; 3 Bl. Comm. 249. 
 
 INFRA TRIDUUM (Law Lat.) Within 
 three days. Formal words in old appeals. 
 Fleta, lib. 1, c. 31, § 6; Id. c. 35, § 3. 
 
 INFRACTION (Lat. infrango, to break in 
 upon). The breach of a law or agreement; 
 the violation of a compact. In the French 
 law this is the generic expression to desig- 
 nate all actions which are punishable by 
 the Code of France. 
 
 INFRINGEMENT. In patent law. A word 
 used to denote the act of trespassing upon 
 the incorporeal right secured by a patent. 
 Any person who, without legal permission, 
 shall make, use, or sell to another to be 
 used, the thing which is the subject matter 
 of any existing patent, is guilty of an in- 
 fringement. 
 
 To constitute an infringement, there need 
 not be a precise duplication, but only an 
 adoption of the "operative principle" (1 
 Fish. Pat. Cas. [U. S.] 319) ; a mere change 
 in the mechanical incidents, while retaining 
 the principle, being an infringement. By 
 the "principle" of a machine is not 
 meant the original elementary principles of 
 motion, but the modus operandi,— the pecu- 
 liar device or manner of producing the ef- 
 fect. 1 Gall. (U. S.) 478. 
 
 The term is also applied to the unlawful 
 or unauthorized use of copyrighted matter 
 or of a trade^mark or trade name. 
 
 INFUGARE. To cause to flee. 
 
 INFUSION. In medical jurisprudence. A 
 pharmaceutical operation, which consists in 
 pouring a hot or cold fluid upon a substance 
 whose medical properties it is desired to 
 extract. The product of this operation. 
 
 Although "infusion" differs from "decoc- 
 tion," they are said to be ejusdem genens; 
 and in the case of an indictment which 
 charged the prisoner with giving a decoc- 
 tion, and the evidence was that he had giv- 
 en an infusion, the difference was held to 
 be immaterial. 3 Campb. 74. 
 
 INGENIUM (Lat. of middle ages). A net 
 or hook (Du Cange) ; hence, probably, the 
 
INGENUI 
 
 531 
 
 INHIBITION 
 
 meaning given by Spelman of artifice, fraud 
 (ingin). A machine (Spelman), especially 
 for warlike purposes; also, for navigation 
 of a ship (Du Cange). 
 
 INGENUI (Lat.) In Civil law. Those free- 
 men who were born free. Vicat. 
 
 They were a class of freemen, distin- 
 guished from those who, born slaves, had 
 afterwards legally obtained their freedom. 
 The latter were called, at various periods, 
 sometimes liberti, sometimes libertini. An 
 unjust or illegal servitude did not prevent 
 a man from being ingenuus. 
 
 INGENUITAS (Law Lat.) Manumission; 
 liberty. 
 
 INGENUITAS REGNI (Law Lat.) In old 
 English law. The freemen, yeomanry, or 
 commonalty of the kingdom. Cowell. Ap- 
 plied sometimes also to the barons. Id. 
 
 INGRESS, EGRESS, AND REGRESS. 
 
 These words are frequently used in leases 
 to express the right of the lessee to enter, 
 go upon, and return from the lands in ques- 
 tion. 
 
 INGRESSU (Lat.) An ancient writ of en- 
 try, by which the plaintiff or complainant 
 sought an entry into his lands. Tech. Diet. 
 
 INGRESSUS (Lat.) In old English law. 
 Ingress; entry. The relief paid by an heir 
 to the lord was sometimes so called. Cow- 
 ell. 
 
 INGROSSATOR (Law Lat.) An engross- 
 er. Ingrossator magni rotuli, engrosser of 
 the great roll; afterwards called "clerk of 
 the pipe." Spelman; CowelL 
 
 INGROSSING. In practice. The act of 
 copying, from a rough draft, a writing, in 
 order that it may be executed; as, ingross- 
 ing a deed. 
 
 INHABITANT (Lat. in, in, habeo, to 
 dwell). One who has a habitation at a 
 given place. It embraces locality of exist- 
 ence; refers to the place of a person's actual 
 residence and excludes the idea of occa- 
 sional or temporary residence. 3 111. 396, 
 403. See "Habitation." 
 
 The term is one whose meaning varies 
 with the context. 10 Am. & Eng. Enc. 
 Law, 771. 
 
 Used^n the tax laws as convertible with 
 ''resident." In making residence a test of 
 taxability, the statute looks only to an ac- 
 tual inhabitancy for some permanent period 
 and purpose, at a prescribed time, 48 Barb. 
 (N. Y.) 51. 
 
 INHABITED HOUSE DUTY. A tax as- 
 sessed in England on inhabited dwelling- 
 houses, according to their annual value (St. 
 14 & 15 Vict. c. 36; 32 & 33 Vict. c. 14, 
 I 11) , which is payable by the occupier, the 
 landlord being deemed the occupier where 
 the house is let to several persons (St. 48 
 Geo. III. c. 55, Schedule B). Houses occu- 
 
 pied solely for business purposes are ex- 
 empt from duty, although a caretaker may 
 dwell therein, and houses partially occupied 
 for business purposes are to that extent 
 exempt. Rapalje & L, 
 
 INHERENT POWER. An authority pos- 
 sessed without its being derived from an- 
 other; a right, ability, or faculty of doing 
 a thing, without receiving that right, abil- 
 ity, or faculty from another. 
 
 INHERETRIX. The old term for "heir- 
 ess." Co. Litt. 13a. 
 
 INHERIT. To take by Inheritance; to take 
 as heir on the death of the ancestor. "To 
 inherit to" a person is a common expres- 
 sion in the books. 3 Coke, 41; 2 Bl. Comm. 
 254, 255. 
 
 INHERITABLE BLOOD. Blood of an an- 
 cestor which, while it makes the person in 
 whose veins it flows a relative, will also 
 give him the legal rights of inheritance in- 
 cident to that relationship. See 2 Shars- 
 wood, Bl. Comm. 254, 255. Descendants can 
 derive no title through a person whose 
 blood is not inheritable. Such, in England, 
 are persons attainted and aliens. But at- 
 tainder is not known in this country. Id. 
 See 4 Kent, Comm. 413, 424; 1 Hilliard 
 Real Prop. 148; 2 Hilliard, Real Prop. 190. 
 
 INHERITANCE. A perpetuity in lands to 
 a man and his heirs; the right to succeed 
 to the estate of a person who dies intestate. 
 Dig. 50. 16. 24. The term is applied to 
 lands. 
 
 The property which is inherited is called 
 an inheritance. 
 
 The term "inheritance" includes not only 
 lands and tenements which have been ac- 
 quired by descent, but every fee simple or 
 fee tail which a person has acquired by pur- 
 chase may be said to be an inheritance, be- 
 cause the purchaser's heirs may inherit it. 
 Co. Litt. § 9. See "Estate." 
 
 In Civil Law. The succession to all 
 
 the rights of the deceased. It is of two 
 kinds: That which arises by testament 
 when the testator gives his succession to a 
 particular person; and that which arises by 
 operation of law, which is called "succes- 
 sion ab intestat." Heinec. Lee. Elem. 
 §§ 484, 485. 
 
 INHERITANCE ACT. The English stat- 
 ute of 3 & 4 Wm. IV. c. 106, regulating the 
 law of inheritance. 2 Chit. St. 575 ; 2 Shars- 
 wood, Bl. Comm. 37; 1 Steph. Comm. 500. 
 
 INHIBITION. 
 
 In Civil Law. A prohibition which the 
 
 law makes or a judge ordains to an indi- 
 vidual. Halifax, Anal. p. 126. 
 
 In English Law. "rhe name of a writ 
 
 which forbids a judge from further proceed- 
 ing in a cause depending before him. It is 
 in the nature of a prohibition. Termes de 
 la Ley; Fitzh. Nat. Brev. 39. 
 
INHIBITION AGAINST A WIFE 
 
 532 
 
 INJUNCTION 
 
 In Scotch Law. A personal prohibi- 
 tion which passes by letters under the sig- 
 net, prohibiting the party inhibited to con- 
 tract any debt or do any act by which any 
 part of the heritable property may be 
 aliened or carried off, in prejudice of the 
 creditor inhibiting. Ersk. Prac. bk. 2, tit. 
 2, § 2. See "Diligence." 
 
 INHIBITION AGAINST A WIFE. In 
 
 Scotch law. A writ in the sovereign's name, 
 passing the signet, which prohibits all and 
 sundry from having transactions with a 
 wife, or giving her credit. Bell, Diet. ; Ersk. 
 Inst. 1. 6. 26. 
 
 INHOC, or INHOKE (Saxon; Law Lat. 
 inhokium) . In old records. A nook or cor- 
 ner of a common or fallow field, inclosed 
 and cultivated. Kennett Par, Ant. 297, 
 298; Cowell. 
 
 INHONESTUS (Lat.) In old English law. 
 Unseemly; not in due order. Fleta, lib. 1, 
 c. 31, § 8. 
 
 INIQUISSIMA PAX EST ANTEPONEN- 
 da justissimo bello. The most unjust peace is 
 to be preferred to the justest war. 18 Wend. 
 (N. Y.) 257, 305. 
 
 INIQUITY In Scotch Practice. A tech- 
 nical expression applied to the decision of 
 an inferior judge who has decided contrary 
 to law. He is said to have committed iniqui- 
 ty. Bell, Diet. 
 
 INIQUUM EST ALIOS PERMITTERE, 
 alios inhibere mercaturam. It is Inequitable 
 to permit some to trade, and to prohibit 
 Others. 3 Inst. 181. 
 
 INIQUUM ESTALIQUEM REI SUI ESSE 
 judicem. It is unjust for any one to be judge 
 in his own cause. 12 Coke, 13. 
 
 INIQUUM EST INGENUIS HOMINIBUS 
 non esse liberam rerum. suarum alienatio- 
 nem. It is against equity for freemen not to 
 have the free disposal of their own property. 
 Co. Litt, 223. See 1 Bouv. Inst, notes 455, 
 460. 
 
 INITIAL (from Lat. initium, beginning). 
 Beginning; placed at the beginning. Web- 
 ster. Thus, the initials of a man's name 
 are the first letters of his name. 
 
 There is no presumption of sex from 
 use of initials. 180 111. App. 578. 
 
 The middle initial is no part of a name, 
 and it will be presumed, after many years, 
 in absence of evidence to contrary, that 
 a person who attested a will, signing his 
 first name with an initial for middle name, 
 was the same person who testified, signing 
 by initials of first and middle names, where 
 the first initial is the first letter of the 
 given name in the attestation, although the 
 middle initial, when testifying, was differ- 
 ent. 253 111. 58. 
 
 INITIALIA TESTIMONII (Lat.) In Scotch 
 law. A preliminary examination of a wit- 
 
 ness to ascertain what disposition he bears 
 towards the parties, — ^whether he has been 
 prompted what to say, whether he has re- 
 ceived a bribe, and the like. It resembles 
 in some respects an examination on voir 
 dire in English practice. 
 
 INITIATE. Commenced. 
 
 A husband was, in feudal law, said to be 
 tenant by the curtesy initiate when a child 
 who might inherit was born to his wife, be- 
 cause he then first had an inchoate right 
 as tenant by the curtesy, and did homage 
 to the lord as one of the pares curiae, peers 
 of the court; whence "curtesy." This right 
 became consummated on the death of the 
 wife before the husband. See 2 Sharswood, 
 Bl. Comm. 127; 1 Steph, Comm. 247. 
 
 INITIATIVE. In French law. The name 
 given to the important prerogative confer- 
 red by the Charte Constitutionnelle (article 
 16) on the late king to propose through his 
 ministers projects of laws. 1 Toullier, Dr. 
 Civ. note 39. See "Veto." 
 
 INITIUM. (Lat.) A, or the beginning; the 
 origin, cause or foundation of a thing, act 
 or contract. 
 
 INJUNCTION. A prohibitory writ, issued 
 by the authority of, and generally under the 
 seal of, a court of equity, to restrain one 
 or more of the defendants or parties, or 
 quasi parties, to a suit or proceeding in 
 equity, from doing, or from permitting his 
 servants or others who are under his con- 
 trol to do, an act which is deemed to be 
 unjust or inequitable so far as regards the 
 rights of some other party or parties to 
 such suit or proceedings in equity. Eden, 
 Inj. c. 1; Jeremy, Eq. Jur. bk. 3, c. 2,§ 1; 
 Story, Eq. Jur. § 861; Willard, Eq. Jur. 
 341; 4 Bouv. Insb. 120; 2 Green, Ch. (N. J.) 
 136; 1 Madd. 126. 
 
 (1) Preliminary injunctions are used to 
 restrain the party enjoined from doing or 
 continuing to do the wrong complained of, 
 either temporarily or during the continu- 
 ance of the suit or proceeding in equity in 
 which such injunction is granted, and be- 
 fore the rights of the parties have been 
 definitely settled by the decision and decree 
 of the court in such suit or proceeding. 
 
 (2) Final or perpetual injunctions are 
 awarded, or directed to be issued, or the 
 preliminary injunction already issued is 
 made final or perpetual, by the final decree 
 of the court, or when the rights of the par- 
 ties so far as relates to the subject of the 
 injunction are finally adjudicated and dis- 
 posed of by the decision and the order or 
 decree of the court, 2 Freem. Ch. 106; 4 
 Johns. Ch. (N. Y.) 69; 3 Yerg. (Tenn.) 
 366; 1 Bibb (Ky.) 184; 4 Bouv. Inst. 123. 
 
 In England, injunctions were divided in- 
 to "common injunctions" and "special in- 
 junctions," Eden. Inj. (3d Am. Ed.) 178, 
 note; Willard, Eq. Jur. 342; Saxt. (N. J.) 
 504. The common injunction was obtained 
 of course when the defendant in the suit in 
 
INJURIA ABSQUE 
 
 533 
 
 INJURY 
 
 equity was in default for not entering his 
 appearancei or for not putting in his an- 
 swer to the complainant's bill within the 
 time prescribed by the practice of the court. 
 Eden, Inj. (3d Am. Ed.) 59-61, 68-72, 93, 
 note; Story, Eq. Jur. § 892; 18 Ves. 523; 
 Jeremy, Eq. Jur. bk. 3, c. 2, § 1, p. 339; 
 Gilb. For. Rom. 194; Newby, Chanc. Prac. 
 c. 4, § 7. Special injunctions were founded 
 upon the oath of the complainant, or other 
 evidence of the truth of the charges con- 
 tained in his bill of complaint. They were 
 obtained upon a special application to the 
 court, or to the officer of the court who was 
 authorized to allow the issuing of such in- 
 junctions, and usually upon notice of such 
 application given to the party whose pro- 
 ceedings were sought to be enjoined. Story, 
 Eq. Jur, § 892; 4 Eden, Inj. 78, 290; Jeremy, 
 Eq. Jur. 339, 341, 342; 3 Mer. 475; 18 Ves. 
 522, 523. In the United States courts, and 
 in the equity courts of most of the states 
 of the Union, the English practice of grant- 
 ing the common injunction has been discon- 
 tinued or superseded, either by statute or 
 by the rules of the courts. And the pre- 
 liminary injunctions are therefore all spe- 
 cial injunctions in the courts of this coun- 
 try, where such English practice has been 
 superseded. 
 
 INJURIA ABSQUE (or SINE) DAMNO. 
 Wrong without damage; an actionable 
 wrong not resulting in any legal damage. 
 
 The doctrine of injuria absque damno ap- 
 plies only in those cases where, though there 
 was a wrongful act, it did not amount to 
 an invasion of a substantial right, the tend- 
 ency of modern law being to presume nom- 
 inal damages from every infraction of a 
 legal right, though no actual damage result. 
 Whether nominal damages will be presumed, 
 or the rule of injuria absque damno ap- 
 plied, depends on the disposition of the 
 court to invoke the maxim "de minimis," 
 etc. See 75 Cal. 182; 30 Vt. 443. And this 
 will be done generally, only where the right 
 infringed was in itself trivial, as where an 
 officer, on attaching hay, used for a few mo- 
 ments, without leave, a fork belonging to 
 the attachment debtor, and then returned it 
 uninjured. 22 Vt. 231. See Sedgw. Dam. 
 § 96; Suth. Dam. § 3; "Nominal Damages." 
 
 INJURIA FIT El CUI CONVICIUM DIC- 
 tum est, vel de eo factum carmen famosum. 
 An injury is done to him of whom a re- 
 proachful thing is said, or concerning whom 
 an infamous song is made. 9 Coke, 60. 
 
 INJURIA NON EXCUSAT INJURIAM. A 
 wrong does not excuse a wrong. Broom. 
 Leg. Max. (3d London Ed.) 247, 343, 349; 
 11 Exch. 822; 15 Q. B. 276; 6 El. & Bl. 
 76; Branch, Princ. 
 
 INJURIA NON PRAESUMITUR. A wrong 
 is not presumed. Co. Litt. 232. 
 
 INJURIA PROPRIA NON CADET IN 
 beneficium facientis. No one shall profit by 
 his own wrong. 
 
 INJURIA SERVI DOMINUM PERTINGIT, 
 The master ia liable for injury done by his 
 servant. Lofft, 229. 
 
 INJURIOUS WORDS. In Louisiana. Slan- 
 der, or libellous words. Civ, Code La. art. 
 3501. 
 
 INJURY (Lat. in, negative, jus, a right). 
 A wrong or tort. 
 
 Relative injuries are injuries to those 
 rights which a person possesses in relation 
 to the person who is immediately affected 
 by the wrongful act done. 
 
 Absolute injuries are injuries to those 
 rights which a person possesses as being a 
 member of society. 
 
 Private injuries are infringements of the 
 private or civil rights belonging to individ- 
 uals, considered as individuals. 
 
 Public injuries are breaches and viola- 
 tions of rights and duties which affect the 
 whole community as a commimity. 
 
 Injuries to personal property are the un- 
 lawful taking and detention thereof from 
 the owner; and other injuries are some 
 damage affecting the same while in the 
 claimant's possession, or that of a third per- 
 son, or injuries to his reversionary inter- 
 ests. 
 
 Injuries to real property are ousters, tres- 
 passes, nuisances, waste, subtraction of rent, 
 disturbance of right of way, and the like. 
 
 It is obvious that the divisions overlap 
 each other, and that the same act may be, 
 for example, a relative, a private, and a pub- 
 lic injury at once. For many injuries of 
 this character, the offender may be obliged 
 to suffer punishment for the public wrong, 
 and to recompense the sufferer for the par- 
 ticular loss which he has sustained. The 
 distinction is more commonly marked by 
 the use of the terms civil injuries to de- 
 note private injuries, and of crimes, mis- 
 demeanors, etc., to denote the public injury 
 done, though not always; as, for example, 
 in case of a public nuisance which* may be 
 also a private nuisance. 
 
 In Civil Law. A delict committed in 
 
 contempt or outrage of any one, whereby his 
 body, his dignity, or his reputation is ma- 
 liciously injured. Voet. Com, ad Pand, 47, 
 tit. 10, note 1. 
 
 A real injury is inflicted by any act by 
 which a person's honor or dignity is affect- 
 ed; as, striking one with a cane, or even 
 aiming a blow without striking; spitting in 
 one's face; assuming a coat of arms, or any 
 other mark or distinction, proper to anoth- 
 er, etc. The composing and publishing de- 
 famatory libels may be reckoned of this 
 kind. Ersk. Prac. 4. 4. 45. 
 
 A verbal injury, when directed against a 
 private person, consists in the uttering con- 
 tumelious words, which tend to injure his 
 character by making him littl or ridiculous. 
 Where the offensive words are uttered in 
 the heat of a dispute, and spoken to the 
 person's face, the law does not presume any 
 malicious intention in the utterer, whose re- 
 sentment generally subsides with his pas- 
 
INJUSTUM EST 
 
 534 
 
 INNOVATION 
 
 sion; and yet, even in that case, the truth 
 of the injurious words seldom absolves en- 
 tirely from punishment. Where the injuri- 
 ous expressions have a tendency to blacken 
 one's moral character, or fix some particular 
 guilt upon him, and are deliberately re- 
 peated in different companies, or handed 
 about in whispers to confidants, the crime 
 then becomes slander, agreeably to the dis- 
 tinction of the Roman law. Dig. 15. § 12, 
 "De Injur." 
 
 INJUSTUM EST, NISI TOTA LEGE 1N- 
 spectae, de una aliqua ejus particula propo- 
 sita judicare vel respondere. It is unjust to 
 give judgment or advice concerning any par- 
 ticular clause of a law without having ex- 
 amined the whole law. 8 Coke, 117b. 
 
 INLAGARE, or INLEGIARE. To restore 
 to protection of law. Opposed to utlagare. 
 Bracton, lib. 3, tr. 2, c. 14, § 1; Du Cange. 
 
 INLAGATION, Restoration to the protec- 
 tion of law. 
 
 IN LAG HE. A person subject to the law; 
 under the protection of the law. 
 
 INLAND. Within the same country. 
 
 INLAND BILL OF EXCHANGE. One 
 
 drawn upon a person living in the same 
 state or country with the drawer. 
 
 INLAND NAVIGATION. Includes naviga- 
 tion upon rivers (6 Biss. [U. S.] 364), but 
 not on the Great Lakes (24 How. [U. S.] 
 1). 
 
 INLANDTAL, or INLANTAL (Saxon). 
 The same with inland (q. v.), Cowell. 
 
 INLAUGHE. See "Inlaghe." 
 
 INLAW. To place under the protection 
 of the law. Swearing obedience to the king 
 in a leet, which doth inlaw the subject." 
 Bac. Works, IV. 328. 
 
 INLIGARE (Law Lat.) In old European 
 law. To confederate; to join in a league 
 (m ligam coire). Spelman. 
 
 INMATE. One who dwells in a part of an- 
 other's house, the latter dwelling, at the 
 same time, in the said house. Kitch. Cts. 
 45b; Comyn, Dig. "Justices of the Peace" 
 (B 85) ; 1 Barn. & C. 578; 8 Barn. & C. 71; 
 9 Barn. & C. 335; 2 Dowl. & R. 743; 2 Man. 
 & R. 227; 4 Man. & R. 151; 2 Russ. Crimes, 
 937; 1 Deac. Orim. Law, 185; 2 East, P. C. 
 499, 605; 1 Leach, Crim. Law, 90, 237, 427; 
 Ale. Reg. Cas. 21; 1 Man. & G. 83. See 
 "Ledger." 
 
 INN. A house where a traveller is fur- 
 nished with everything he has occasion for 
 while on his way. Bac. Abr. "Inns" (B) ; 
 12 Mod. 255; 3 Barn. & Aid. 283; 4 Camp. 
 77; 2 Chit. Bailm. 484; 9 B. Mon. (Ky.) 72; 
 3 Chit. Comm. Law, 365, note 6. A public 
 house of entertainment for all who choose 
 to visit it. 5 Sandf. (N. Y.) 247. 
 
 INNAMIUM. A pledge. 
 
 INNATURALITAS. (Law Lat.) In old rec 
 ords. Unnatural usage. Cowell. 
 
 INNAVIGABLE. A term applied in for- 
 eign insurance law to a vessel not navigable, 
 through irremediable misfortune by a peril 
 of the sea. The ship is relatively innavig- 
 able when it will require almost as much 
 time and expense to repair her as to build 
 a new one. Targa, c. 64, p. 238, c. 60, p. 
 256; Emerig. torn. 1, pp. 577, 591; 3 Kent, 
 Comm. 323, note, 
 
 INNER BARRISTER. One admitted to 
 plead within the bar. 
 
 INNINGS. Lands gained from the sea by 
 draining. Cunningham. 
 
 INNKEEPER. The keeper of a common 
 inn for the lodging and entertainment of 
 travelers and passengers, their horses and 
 attendants, for a reasonable compensation. 
 Bac. Abr. "Inns," etc.; Story, Bailm. § 475. 
 But one who entertains strangers occasion- 
 ally, although he may receive compensation 
 for it, is not an innkeeper. 2 Dev. & B, (Nf. 
 C.) 424; 7 Ga. 296. 
 
 INNOCENCE. The absence of guilt (g. v.). 
 
 INNOCENT CONVEYANCES. In English 
 law. A technical term used to signify those 
 conveyances made by a tenant of his lease- 
 hold which do not occasion a forfeiture. 
 These are conveyances by lease and release, 
 bargain and sale, and a covenant to stand 
 seised by a tenant for life. 1 Chit. Prac. 
 243, 244. 
 
 INNOMINATE (Lat.) In civil law. Not 
 named or classed; belonging to no specific 
 class; ranking under a general head. A 
 term applied to those contracts for which no 
 certain or precise remedy was appointed, 
 but a general action on the case only. Dig. 
 2. 1. 4. 7. 2; Id. 19. 4. 5. 
 
 INNOMINATE CONTRACTS. In civil law. 
 Contracts which have no particular names, 
 as permutation and transaction. Inst. 2. 10. 
 13. There are many innominate contracts; 
 but the Roman lawyers reduced them to four 
 classes, namely, do ut des, do ut facias, fado 
 ut des, and facio ut facias. Dig. 2. 14. 7. 2. 
 
 INNONIA (Law Lat.) In old English law. 
 A close or inclosure (clausum, inclausura), 
 Spelman. 
 
 INNOTESCIMUS (Lat.) In English law. 
 An epithet used for letters patent, which are 
 always of a charter of feoffment, or some 
 other instrument not of record, concluding 
 vdth the words, innotescimus per praesentes, 
 etc. Tech. Diet. 
 
 INNOVATION. In Scotch law. The ex- 
 change of one obligation for another, so that 
 the second shall come in the place of the 
 first. Bell, Diet. The same as "novation.'' 
 
INNS OP CHANCERY 
 
 635 
 
 INQUILINUS 
 
 INNS OF CHANCERY. So called because 
 anciently inhabited lay such clerks as chieily 
 studied the framing of writs, which regu- 
 larly belonged to the cursitors, who were of- 
 ficers of the court of chancery. There are 
 nine of them,— Clement's, Clifford's and 
 Lyon's Inn; Furnival's, ThavieS', and Sy- 
 mond's Inn, New Inn; and Barnard's and 
 Staples' Inn. These were formerly prepar- 
 atory colleges for students, and many en- 
 tered them before they were admitted into 
 the inns of court. They consist chiefly of 
 solicitors, and possess corporate property, 
 hall, chambers, etc., but perform no public 
 functions like the inns of court. Wharton. 
 
 INNS OF COURT. The name given to the 
 colleges of the English professors and stu- 
 dents of the common law. 
 
 "The four principal inns of court are the 
 Inner Temple and Middle Temple (formerly 
 belonging to the Knights Templar), Lin- 
 coln's Inn, and Gray's Inn (anciently be- 
 longing to the earls of Lincoln and Gray). 
 The other inns are the two Sergeants' Inns. 
 See "Inns of Chancery." 
 
 INNUENDO (Lat. innuere, to nod at, to 
 hint at; meaning). The word was used 
 when pleadings were in Latin, and has been 
 translated by "meaning." 
 
 In Pleading. A clause in a declara- 
 tion, indictment, or other pleading contain- 
 ing an averment which is explanatory of 
 some preceding word or statement. 
 
 It derives its name from the leading word 
 by which it was always introduced when 
 pleadings were in Latin. It is mostly used 
 in actions of slander, and is then said to be 
 a subordinate averment, connecting particu- 
 lar parts of the publication with what has 
 gone before, in order to elucidate the de- 
 fendant's meaning more fully. 1 Starkie, 
 Sland. & L. 431. 
 
 Its object is to explain the defendant's 
 meaning by reference to previous matter. 
 See "Colloquium." It may be used to point 
 to the plaintiff as the person intended in 
 the defendant's statement. It may show that 
 a general imputation of crime is intended to 
 apply to the plaintiff (Heard, Lib. & Sland. 
 § 226; 1 H. L. Cas. 637; 2 Hill [N. Y.] 282), 
 but it cannot be allowed to give a new sense 
 to words where there is no such charge (8 
 Q. B. 825; 7 C. B. 280). 
 
 It may point to the injurious and action- 
 able meaning, where the words complained 
 of are susceptible of two meanings (8 Q. B. 
 841; Moore & S. 727), and generally explain 
 the preceding matter (1 Dowl. [N. S.] 602; 
 7 C. B. 251; 15 C. B. 360; 1 Mees. & W. 245; 
 
 5 Bing. 17; 10 Bing. 250; 12 Adol. & E. 
 317), but cannot enlarge and point the ef- 
 fect of language beyond its natural and com- 
 mon meaning in its usual acceptation 
 (Heard, Lib. & Sland. § 219; Mete. Yelv. 22; 
 2 Salk. 513; 1 Ld. Raym. 256; 2 Cowp. 688; 
 4 Per. & D. 161; 6 Bam. & C. 154; 4 Nev. 
 
 6 M. 841; 4 Dowl. 703; 9 Adol. & E. 282; 12 
 Adol. & E. 719; 15 Pick. [Mass.] 335), un- 
 less connected with the proper introductory 
 
 averments (1 Cromp. & J. 143; 1 Adol. & 
 E. 554; 9 Adol. & E. 282, 286, note; 1 C. 
 B. 728; 6 C. B. 239; 1 Saund. 242; 2 Pick. 
 [Mass.] 320; 13 Pick. [Mass.] 198; 15 Pick. 
 [Mass.] 321; 16 Pick. [Mass.] 1; 11 
 Mete. [Mass.] 473; 8 N. H. 246; 12 Vt. 51; 
 
 1 Bin. [Pa.] 537; 5 Bin. [Pa.] 218; 11 Serg. 
 & R. [Pa.] 343; 5 Johns. [N. Y.] 211). 
 
 INOFFICIOSUM (Lat.) In civil law. In- 
 officious; contrary to natural duty or affec- 
 tion. Used of a will of a parent which dis- 
 inherited a child without just cause, or of 
 that of a child which disinherited a parent, 
 and which could be contested by querela in- 
 offldosi testamenti. Dig. 2, 5, 3, 13; Paulus, 
 lib. 4, tit. 5, § 1. 
 
 INOFFICIOUS TESTAMENT. A will not 
 in accordance with the natural affections 
 and ties of relationship of the testator. 
 
 INOFICiOCIDAD. In Spanish law. Every- 
 thing done contrary to a duty or obligation 
 assumed, as well as in opposition to the 
 piety and affection dictated by nature, inof- 
 ficiosum dicitur id omne quod contra pietatis 
 officium factum est. The term applies espe- 
 cially to testaments, donations, dower, etc., 
 which may be either revoked or reduced 
 when they affect injuriously the rights of 
 creditors or heirs. 
 
 INOPS CONSILII (Lat.) Destitute or with- 
 out counsel. In the construction of wills, a 
 greater latitude is given, because the testa- 
 tor is supposed to have been inops consilii. 
 
 INPENY AND OUTPENY. In old English 
 law. A customary payment of a penny on 
 entering into and going out of a tenancy 
 (pro exitu de tenura, et pro ingressu) . Spel- 
 man; Cowell. 
 
 INQUEST OF OFFICE. An inquiry made 
 by the king's officer, his sheriff, coroner, or 
 escheator, either virtute officii, or by writ 
 sent to him for that purpose, or by commis- 
 sioners specially appointed, concerning any 
 matter that entitles the king to the posses- 
 sion of lands or tenements, goods or chat- 
 tels. It is done by a jury of no determinate 
 number, — either twelve, or more, or less. 3 
 Sharswood, Bl. Comm. 258; Pinch, Law, 
 323-325. An inquest of office was bound to 
 find for the king upon the direction of the 
 court. The reason given is that an inquest 
 concluded no man of his right, but only gave 
 the king an opportunity to enter, so that he 
 could have his right tried. 3 Sharswood, 
 Bl. Comm. 260; 4 Steph. Comm. 61; P. 
 Moore, 730; Vaughan, 135; 3 Hen. VII. 10; 
 
 2 Hen. IV. 5; 3 Leon. 196. An inquest of 
 office was also called, simply, "office." As 
 to "office" in the United States, see 1 Caines 
 (N. Y.) 426; 7 Cranch (U. S.) 603; 2 Kent, 
 Comm. 16, 23. 
 
 INQUILINUS. In civil law. The hirer of 
 a house in the city; a city tenant, as colonus 
 was a country tenant. Bracton, fol. 42b. 
 
INQUIRY, WRIT OF 
 
 536 
 
 INSANITY 
 
 INQUIRY, WRIT OF, A writ sued out by 
 a plaintiff in a case where the defendant 
 has let the proceedings go by default, and 
 an interlocutory judgment has been given 
 for damages generally, where the damages 
 do not admit of calculation. It issues to 
 the sheriff of the county in which the venue 
 is laid, and commands him to inquire, by a 
 jury of twelve men, concerning the amount 
 of damages. The sheriff thereupon tries the 
 cause in his sheriff's court, and some amount 
 must always be returned to the court. But 
 the return of the inquest merely informs 
 the court, which may, if it choose, in all 
 cases assess damages, and thereupon give 
 final judgment. 2 Archb. Prac. (Water- 
 man Ed.) 952; 3 Sharswood, Bl. Comm. 398; 
 3 Chit. St. 495, 497. 
 
 INQUISITiO (Lat.) In old English law. 
 An inquisition or inquest. Inquisitio post 
 mortem, an inquisition after death. Ari in- 
 quest of oflBce held, during the continuance 
 of the military tenures, upon the death of 
 every one of the king's tenants, to inquire 
 of what lands he died seised, who was his 
 heir, and of what age, in order to entitle 
 the king to his marriage, wardship, relief, 
 primer seisin, or other advantages, as the 
 circumstances of the case might turn out. 3 
 Bl. Comm. 258. Inquisitio patriae, the in- 
 quisition of the country; the ordinary jury, 
 as distinguished from the grand assize. 
 Bracton, fol. 15b. 
 
 INQUISITION. In practice. An examina- 
 tion of certain facts by a jury impanelled 
 by the sheriff for the purpose. The instru- 
 ment of writing on which their decision is 
 made is also called an inquisition. The 
 sheriff or coroner, and the jury who make 
 the inquisition, are called the "inquest." 
 The term "inquest" is now generally used 
 instead of "inquisition." 
 
 INQUISITOR. A designation of sheriffs, 
 coroners super visum, corporis, and the like, 
 who have power to inquire into certain mat- 
 
 In Ecclesiastical Law. The name of 
 
 an officer who is authorized to inquire into 
 heresies, and the like, and to punish them; 
 a judge. 
 
 INROLIVIENT, or ENROLLMENT (Law 
 Lat. irrotulatio) . The act of putting upon 
 a roll. 
 
 Formerly, the record of a suit was kept 
 on skins of parchment, which, best to pre- 
 serve them, were kept upon a roll, or in the 
 form of a roll. What was written upon 
 them was called the "inrolment." After, 
 when such records came to be kept in books, 
 the making up of the record retained the 
 old name of "inrolment." Thus, in equity, 
 the inrolment of a decree is the recording of 
 it, and will prevent the rehearing of the 
 cause, except on appeal to the house of 
 lords, or by bill of review. The decree may 
 be inrolled immediately after it has been 
 passed and entered, unless a caveat has been 
 
 entered. 2 Freem. 179; 4 Johns. Ch. (N. 
 Y.) 199; 14 Johns. (N. Y.) 501. And before 
 signing and inrolment, a decree cannot be 
 pleaded in bar of a suit, though it can be 
 insisted on by-way of answer. 3 Atk. 809; 
 2 Ves. Jr. 577; 4 Johns. Ch. (N. Y.) 199, 
 See Saund. Ord. Chanc. 
 
 Transcribing upon the records of a court 
 deeds, etc., according to the statutes on the 
 subject. See 1 Chit. St. 425, 426; 2 Chit. St. 
 69, 76-78; 3 Chit. St. 1497. Placing on file or 
 record generally, as annuities, attorneys, 
 etc, 
 
 INSANITY; Unsoundness or derangement 
 of mind. 
 
 Insanity is the general term, and includes 
 all mental unsoundness, whether, complete 
 or partial, and whether congenital or in- 
 duced. 
 
 It may be divided into (1) idiocy or im- 
 becility, being the state of one who has been 
 from birth without reason, and (2) lunacy, 
 thg state of one who once possessed reason, 
 but has lost it in whole or in part. 
 
 "Lunacy" may be either (1) impulsive, 
 consisting in an unnatural and sometimes 
 irresistible impulse to certain acts, apart 
 from or against all reason, and (2) delusive, 
 consisting in persistent and incorrigible 
 hallucinations as to matters of fact. 
 
 Further subdivisions have been sometimes 
 made, as into the various manias, — homi- 
 cidal, suicidal, etc. 
 
 Moral or emotional insanity is a perverted 
 condition of the emotional or moral nature, 
 inducing criminal acts, and not accompanied 
 by intellectual delusion. It is the negative 
 aspect of "irresistible impulse." 
 
 "Insanity" is frequently used in the sense 
 of "lunacy," and as excluding "idiocy," and 
 "imbecility." 
 
 The forms of insanity have been tabulat- 
 ed by a distinguished alienist as follows: 
 
 I. Defective development of faculties. 
 
 (1) Idiocy. 
 
 (a) Resulting from congenital 
 
 defect. 
 
 (b) Resulting from an obstacle 
 
 to the development of the 
 faculties, supervening in 
 infancy. 
 
 (2) Imbecility. 
 
 (a) Resulting from congenital 
 
 defect. 
 
 (b) Resulting from an obstacle 
 
 to the development of the 
 faculties, supervening in 
 infancy, 
 
 II. Lesion of the faculties subsequent to 
 
 their development. 
 
 (1) Mania. 
 
 (a) Intellectual, 
 
 (aa) General, 
 (bb) Partial. 
 
 (b) Affective. 
 
 (aa) General, 
 (bb) Partial. 
 
 (2) Dementia. , 
 
INSANUS EST QUI 
 
 537 
 
 INSOLVENCY 
 
 (a) Consecutive to mania, or in- 
 
 juries of the brain. 
 
 (b) Senile, peculiar to old age. 
 1 Ray, Med. Jur. "Insanity" (3d Ed.) p. 
 
 71. 
 
 INSANUS EST QUI, ABJECTA RA- 
 tione, omnia cum impetu et furore facit. He 
 is insane who, reason being thrown away, 
 does everjrthing with violence and rage. 4 
 Coke, 128. 
 
 INSCRIBERE. In the Roman law. To 
 subscribe an accusation. The subscriber 
 was bound to substantiate his charge, or 
 suffer the penalty appropriate to such 
 charge. Calv. Lex. 
 
 INSCRIPTIO (Lat.) In civil law. A writ- 
 ten accusation; an undertaking to suffer 
 the punishment of the accused in case of a 
 failure to prove him guilty. Calv. Lex. 
 
 INSCRIPTION. 
 
 In Civil Law. An engagement which 
 
 a person who makes a solemn accusation of 
 a crime against another enters into that he 
 will suffer the same punishment, if he has 
 accused the other falsely, which would have 
 been inflicted upon him had he been guilty. 
 Code, 9. 1. 10; Id. 9. 2. 16. 17. 
 
 In Evidence, Something written or en- 
 graved. 
 
 Inscriptions upon tombstones and other 
 proper places, as rings, and the like, are 
 held to be evidence of pedigree. Duller, 
 N. P. 233; Cowp. 591; 10 East, 120; 13 
 Ves. 145. See "Declaration"; "Hearsay 
 Evidence." 
 
 INSCRIPTIONES (Lat.) The name given 
 by the old English law to any written in- 
 strument by which anything is granted. 
 Blount. 
 
 INSENSIBLE. In pleading. That which 
 is unintelligible is said to be insensible. 
 Steph. PI. 378. 
 
 INSIDERS. See "Gambling Contract." 
 
 INSIDIATORES VIARUM (Lat.) Persons 
 who lie in wait in order to commit some 
 felony or other misdemeanor. 
 
 INSIIVIUL (Lat.) Together; jointly. Towns 
 PL 44. 
 
 INSIMUL COMPUTASSENT (Lat.) They 
 had accounted together. See "Account." 
 
 INSIMUL TENUIT. In old English prac- 
 tice. The name of a species of the writ of 
 formedon in the descender, which lay for a 
 cotenant against a stranger. 
 
 INSINUACION. In Spanish law. The pres- 
 entation of a public document to a compe- 
 tent judge', in order to obtain his approba- 
 tion and sanction of the same, and thereby 
 giving it judicial authenticity. 
 
 "Insvmmtio est ejus quod traditur, sive 
 agitur, coram quocumque judiee in scriptur 
 ram redaetio." 
 
 This formality is requisiteto the validity 
 of certain donations inter vivos. Escriche, 
 Die. Raz. 
 
 INSINUARE. In civil law. To put into; 
 to deposit a writing in court, answering 
 nearly to the modern expression "to file." 
 To transcribe an act in the public registers; 
 to record. Si non mandatum actis insinu- 
 atum est, if the power or authority be not 
 deposited among the records of the court. 
 Inst. 4. 11. 3. 
 
 To declare or acknowledge before a judi- 
 cial officer; to give an act an official form. 
 Calv. Lex. 
 
 To make known; to give information. Id. 
 
 INSINUATIO (Law Lat.) In old English 
 law. Information or suggestion. Ex insin- 
 uatione, on the information. Reg. Jud. 25, 
 50. 
 
 INSINUATION. In civil law. The tran- 
 scription of an act on the public registers, 
 like our recording of deeds. It was not 
 necessary in any other alienation but that 
 appropriated to the purpose of donation. 
 Inst. 2. 7. 2; Poth. Tr. des Donations, Entre 
 Vifs, sec. 2, art. 3, § 3; Encyclopedie ; 8 
 Toullier, Dr. Civ. note 198. 
 
 INSINUATION OF A WILL. In civil law. 
 The first production of it; or, leaving it in 
 the hands of the register in order to its 
 probate. 21 Hen. VIII. c. 5; Jacob. 
 
 INSOLIDE (Law Lat.) Solidly; without 
 any separation of possession or ownership. 
 
 A term used by Bracton to express that 
 impossible or impracticable kind of posses- 
 sion where two persons hold a thing at the 
 same time exclusively. Bract, fol. 45. 
 
 INSOLVENCY. The state of a person who 
 is unable, from any cause, to pay his debts. 
 Two tests of insolvency prevail, their appli- 
 cation generally being governed by the pur- 
 pose for which the fact of insolvency is as- 
 certained, though there is some confusion 
 in the cases in this respect. 
 
 Generally, for the purpose of enabling the 
 debtor or his creditors to take advantage 
 of insolvent acts, one is insolvent who is 
 unable to meet his obligations as they ac- 
 crue in due course of trade, and is unable 
 to proceed in business without making some 
 arrangement with his creditors, without re- 
 gard to the ultimate sufficiency of his assets 
 in liquidation. 112 Pa. St. 294; 98 Iowa, 
 321; 86 Me. 246; 3 Gray (Mass.) 600; 116 
 Mo. 226. 
 
 Within the rule relating to conveyances 
 by insolvent persons, it is generally held 
 that one is insolvent whose obligation could 
 not be collected by legal means out of his 
 property. 43 N. Y. 75; 31 Mo. 73. If one 
 has means from which payment could be en- 
 forced, he is not insolvent, even though he 
 is in embarrassed circumstances, and un- 
 able to make present payment (136 N. Y. 
 104; 52 Mo. App. 282), or has even been 
 compelled to suspend business (63 Hun 
 
INSOLVENT 
 
 638 
 
 INSTANS EST FINIS 
 
 [N. Y.] 632). Property so situated that 
 it cannot be reached by creditors is not to 
 be considered in determining, the issue of 
 solvency (g. v.). 
 
 Distinction between "insolvency" and 
 "bankruptcy," see "Bankruptcy." 
 
 INSOLVENT. One who is in a state of In- 
 solvency {q. V.) 
 
 INSPECTATOR. An adverse party. 
 
 INSPECTION (Lat. inspicere, to look in- 
 to). The examination of certain articles 
 made by law subject to such examination, 
 so that they may be declared fit for com- 
 merce. The decision of the inspectors is 
 not final. The object of the law is to pro- 
 tect the community from fraud, and to pre- 
 serve the character of the merchandise 
 abroad. 8 Cow. (N. Y.) 45. See 1 Johns. 
 (N. Y.) 205; 13 Johns. (N. Y.) 331; 2 
 Gaines (N. Y.) 312; 3 Gaines (N. Y.) 207. 
 
 In Practice. Elxamination. 
 
 Books and Records. The inspection of 
 
 all public records is free to all persons who 
 have an interest in them, upon payment of 
 the usual fees. 7 Mod. 129; 1 Strange, 304; 
 2 Strange, 260, 954, 1005. But it seems a 
 mere stranger, who has no such interest, 
 has no right at common law. 8 Term R. 
 390. 
 
 A stockholder has, as a general rule, the 
 right to inspect the books and records of 
 his corporation. 
 
 INSPECTION, TRIAL BY. A mode of trial 
 formerly in use in England, by which the 
 judges of a court decided a point in dispute, 
 upon the testimony of their own senses, 
 without the intervention of a jury. This 
 took place in cases where the fact upon 
 which issue was taken must, from its na- 
 ture, be evident to the court from ocular 
 demonstration, or other irrefragable proof, 
 and was adopted for the greater expedition 
 of a cause. 3 Bl. Gomm. 331. In this way 
 questions whether a party were an infant 
 or not, whether an injury was mayhem or 
 not, etc., were determined; but this has 
 been long out of use. 3 Steph. Comm. 582. 
 
 INSPECTOR. The name given to certain 
 officers whose duties are to examine and in- 
 spect things over which they have jurisdic- 
 tion; as, inspector of bark, one who is by 
 law authorized to examine bark for expor- 
 tation, and to approve or disapprove of its 
 quality. Inspectors of customs are officers 
 appointed by the general government. As to 
 their duties, see 1 Story, U. S. Laws, 590, 
 605, 609, 610, 612, 619, 621, 628, 650; 2 
 Story, U. S. Laws, 1490, 1516; 3 Story, 
 U. S. Laws, 1650, 1790. 
 
 INSPECTORSHIP, DEED OF. In English 
 law. An agreement between an insolvent 
 and his creditors, by which a certain person 
 is appointed to supervise the winding up of 
 the estate. 
 
 INSPEXIMUS (Lat. we have seen). A 
 word sometimes used in letters patent, re- 
 
 citing a grant, inspeximus such former 
 
 grant, and so reciting it verbatim. It then 
 
 grants such further privileges as are 
 thought convenient. 5 Coke, 54' 
 
 INSTALLATION, or INSTALMENT. The 
 
 act by which an officer is put in public 
 possession of the place he is to fill. The 
 president of the United States, or a gover- 
 nor, is installed into office, by being sworn 
 agreeably to the requisition of the constitu- 
 tion and laws. 
 
 INSTANCE. Literally, standing on; 
 hence, urging, solicitation. Webster. 
 
 ——In Civil and French Law. In general, 
 all sorts of actions and judicial demands. 
 Dig. 44. 7. 58. 
 
 In Ecclesiastical Law. Causes of in- 
 stance are those proceeded in at solicitation 
 of some party, as opposed to causes of office, 
 which run in the name of the judge. Hali- 
 fax, Anal. p. 122. 
 
 In Scotch Law. That which may be 
 
 insisted on at one diet or course of proba- , 
 tion. Wharton. 
 
 INSTANCE COURT. In English law. That 
 branch of the admiralty court which has 
 the jurisdiction of all matters except those 
 relating to prizes. 
 
 An "instance court" takes cognizance of 
 contracts made and injuries committed on 
 the high seas; a "prize court" has jurisdic- 
 tion of prizes, etc. 18 Johns. (N. Y.) 257. 
 
 The term is sometimes used in American 
 law for purposes of explanation, but has no 
 proper application to admiralty courts in 
 the United States, where the powers of both 
 instance and prize courts are conferred 
 without any distinction. 3 Dall. (U. S.) 
 6; 1 Gall. (U. S.) 563; 3 Kent, Comm. 355, 
 378. See "Admiralty." 
 
 INSTANCIA. In Spanish law. The insti- 
 tution and prosecution of a suit from its 
 inception until definitive judgment. The 
 first instance, primera instancia, is the pros- 
 ecution of a suit before the judge competent 
 to take cognizance of it at its inception; the 
 second instance, secunda instancia, is the 
 exercise of the same action before the court 
 of appellate jurisdiction; and the third in- 
 stance, tercera instancia, is the prosecution 
 of the same suit, either by an application of 
 revision before the appellate tribunal, that 
 has already decided the cause, or before 
 some higher tribunal, having jurisdiction of 
 the same. 
 
 All civil suits must be tried and decided, 
 in the first instance, within three years; and 
 all criminal, within two years. 
 
 As a general rule, three instances are 
 admitted in all civil and criminal cases. 
 Const. 1812, art. 285. * 
 
 INSTANS EST FINIS UNIUS TEMPORIS 
 et principium alterius. An instant is the end 
 of one time, and the beginning of another. 
 Co. Litt. 185. 
 
INSTANTER 
 
 539 
 
 INSTITUTES 
 
 INSTANTER (Lat.) Immediately; pres- 
 ently; instantly; forthwith; without any de- 
 lay or the allowance of any time. This 
 term, it is said, means that the act to which 
 it applies shall be done within twenty-four 
 hours; but a doubt has been suggested by 
 whom is the account of the hours to be kept, 
 and whether the term "instanter," as ap- 
 plied to the subject matter, may not be more 
 properly taken to mean "before the rising 
 of the court," when the act is to be done 
 in court, or "before the shutting of the 
 office the same night," when the act is to be 
 done there. 1 Taunt, 343; 6 East, 587, note 
 (e); Tidd. Prac. (3d Ed.) 508, note; 3 
 Chit. Prac. 112. See 3 Burrows, 1809; Co. 
 Litt. 157; Styles, Reg. 452; 20 111. App. 110, 
 
 Pleading. An order that the defend- 
 ants plead instanter technically means with- 
 in the judicial day then begun. 1 Bouvier 
 Law Die. 645; 20 111. App. 110. It is prob- 
 ably true that the term, as ordinarily used, 
 is understood to mean instantly, immediate- 
 ly, or at once, so that upon such a rule, a 
 default may follow the entry of the rule, 
 and this, in effect, makes the rule unneces- 
 sary, for the default might as well be en- 
 tered without it. 53 111, App, 160, 161, 
 
 INSTAR (Lat.) Like; resembling; equiva- 
 lent; as, instar dentium, like teeth; instwr 
 omnium, equivalent to all, 
 
 INSTAURUM (Law Lat.) In old English 
 deeds. A stock or store of cattle, and other 
 things; the whole stock upon a farm, includ- 
 ing cattle, wagons, ploughs, and all other 
 implements of husbandry. 1 Mon. Angl. 
 548; Pleta, lib. 2, c. 68, § 1; Id. c. 72, § 7. 
 Terra instaurata, land already stocked, or 
 furnished with all things necessary to carry 
 on the use or occupation of a farm. 
 
 INSTIGATION. The act by which one in- 
 cites another to do something; as, to injure 
 a third person, or to commit some crime or 
 misdemeanor, to commence a suit, or to 
 prosecute a criminal. See "Accomplice." 
 
 INSTIRPARE. To establish. 
 
 INSTITOR (Lat.) In civil law. A clerk 
 in a store; an agent. 
 
 He was so called because he watched over 
 the business with which he was charged; 
 and it is immaterial whether he was em- 
 ployed in making a sale in the store, or 
 whether charged with any other business. 
 Institor appellatus est ex eo, quod negotio 
 gerendo instet; nee multum facit tabernae 
 sit praepositus, am, cuilibet alii negotiationi. 
 Dig. 14. 3, 1. 3. Mr. Bell says that the 
 charge given to a clerk to manage a store 
 or shop is called "institorial power." 1 Bell, 
 Comra. (5th Ed.) 479; Ersk. Inst. 3. 3. 46; 
 1 Stair, Inst, (by Brodie) bk. 1, tit. 11, 
 §§ 12, 18, 19; Story, Ag. § 8. 
 
 INSTITORIA ACTIO (Lat.) In the civil 
 law. The name of an action given to those 
 who had contracted with an institor (q. v.) 
 to compel the principal to performance. 
 Inst. 4 7. 2; Dig. 14. 3. 1; Story, Ag. § 426. 1 
 
 INSTITUTE. 
 
 In Scotch Law, The person first called 
 
 in the "tailzie"; the rest, or the heirs of 
 tailzie, are called- "substitutes." Ersk, 
 Prac, 3, 8. 8. See "Substitutes." 
 
 In Civil Law. One who is appointed 
 
 heir by testament, and is required to give 
 the estate devised to another person, who 
 is called the "substitute." 
 
 To name or to make an heir by testament. 
 Dig. 28. 5. 65, To make an accusation; to 
 commence an action, 
 
 INSTITUTES. Elements of jurisprudence; 
 text books containing the principles of law 
 made the foundation of legal studies. 
 
 The word was first used by the civilians 
 to designate those books prepared for the 
 student, and supposed to embrace the funda- 
 mental legal principles arranged in an or- 
 derly manner. Two books of Institutes were 
 known to the civil lawyers of antiquity, — 
 Gaius and Justinian. 
 
 (1) Coke's Institutes. Four volumes of 
 commentaries upon various parts of the 
 English law. 
 
 Sir Edward Coke hath written four vol- 
 umes of "Institutes," as he is pleased to 
 call them, though they have little of the 
 institutional method to warrant such a title. 
 The first volume is a very extensive com- 
 mentary upon a little excellent treatise of 
 tenures, compiled by Judge Littleton in the 
 reign of Edw. IV. This comment is a rich 
 mine of valuable common-law learning, col- 
 lected and heaped together from the ancient 
 reports and Year Books, but greatly de- 
 fective in method. The second volume is a 
 comment on many old acts of parliament, 
 without any systematical order; the third, 
 a more methodical treatise on the pleas of 
 the crown; and the fourth, an account of 
 the several species of courts. These In- 
 stitutes are usually cited thus: The first 
 volume as Co. Litt., or 1 Inst.; the second, 
 third, and fourth as 2, 3, or 4 Inst., with- 
 out any author's name. 1 Bl. Comm. 72. 
 
 (2) Gaius' Institutes. A tractate upon 
 the Roman law, ascribed to Caius or Gaius. 
 
 Of the personal history of this jurist 
 nothing is known. Even the spelling of his 
 name is matter of controversy, and he is 
 known by no other title than Gaius, or 
 Caius. He is believed to have lived in the 
 reign of Marcus Aurelius, The history of 
 Gaius' Institutes is remarkable. In 1816, 
 Niebuhr was sent to Rome by the king of 
 Prussia. On his way thither, he spent two 
 days in the cathedral library of Verona, 
 and at this time discovered these Institutes, 
 which had been lost to the jurists of the 
 middle ages. In 1817, the Royal Academy 
 of Berlin charged Goeschen, Bekker, and 
 Hollweg with the duty of transcribing the 
 discovered manuscript. In 1819, Goeschen 
 gave the first completed edition, as far as 
 the manuscript could be deciphered, to his 
 fellow jurists. It created an unusual sen- 
 sation, and became a fruitful source of com- 
 ment. It formed a new era in the study 
 
INSTITUTES 
 
 640 
 
 INSTITUTES 
 
 of Roman law. It gave the modern jurist 
 the signal advantage of studying the source 
 of the Institutes of Justinian. It is be- 
 lieved by the best modern scholars that 
 Gains' was the first original tractate of the 
 kind, not being compiled from former pub- 
 lications. The language of Gains is clear, 
 terse, and technical, — evidently written by 
 a master of law, and a master of the Latin 
 tongue. The Institutes were unquestionably 
 practical. There is no attempt at criticism 
 or philosophical discussion. The disciple 
 of Sabinus is content to teach law as he 
 finds it. Its arrangement is solid and logi- 
 cal, and Justinian follows it with an almost 
 servile imitation. 
 
 The best editions of Gains are Goeschen's 
 second edition, Berlin, 1824, in which the 
 text was again collated by Bluhme, and the 
 third edition of Goeschen, Berlin, 1842, edit- 
 ed by Lachman from a critical revision by 
 Goeschen, which had been interrupted by 
 his death. In France, Gains attracted equal 
 attention, and we have three editions and 
 translations: Boulet, Paris, 1824; Domen- 
 get, 1843; and Pellat, 1844. 
 
 In 1859, Francesco Lisi, a learned Italian 
 scholar, published, at Bologna, a new edi- 
 tion of the first book of Gaius, with an Ital- 
 ian translation, en regard. The edition is 
 accompanied and enriched by many valuable 
 notes, printed in both Latin and Italian. 
 Perhaps this must be considered, so far as 
 printed, the most complete edition of the 
 old civilian that modern scholars have yet 
 produced. 
 
 The reader who may wish to pursue his 
 Gaiian studies should consult the list of 
 some thirty-odd treatises and commentaries 
 mentioned in Mackeldey's Lehrbuch des 
 Rom. Rechts, p. 47, note (b), (13th Ed.) 
 Wein, 1851; Buschke, Essay Zur Kritik und 
 Interp. von Gaius Inst., Breslau, 1830; Hau- 
 bold's Inst.'Jur. Rom. Prev. Line pp. 151, 
 152, 505, 506, Lipsiae, 1826; Boecking's 
 Gaius, Preface, pp. 11-18, Leps. 1845;Lisi's 
 Gaius, Preface, pp. x. xi., Bologna, 1859. 
 
 (3) Justinian's Institutes. An abridg- 
 ment of the Code and Digest, composed by 
 order of that emperor, and under his guid- 
 ance, with an intention to give a summary 
 knowledge of the law to those persons not 
 versed in it, and particularly to students. 
 Inst. Proem. § 3. 
 
 The lawyers employed to compile it were 
 Tribonian, Theophilus, and Dorotheus. The 
 work was first published on the 21st of No- 
 vember in the year 533, and received the 
 sanction of statute law by order of the em- 
 peror. It is divided into four books; 
 each book is divided into titles, and each 
 title into separate paragraphs or sections, 
 preceded by an introductory part. The first 
 part is called principium, because it is the 
 commencement of the title; those which fol- 
 low are numbered, and called "paragraphs." 
 The work treats of the rights of persons, 
 of things, and of actions. The first book 
 treats of persons; the second, third, and the 
 first five titles of the fourth book, of things; 
 
 and the remainder of the fourth book, of 
 actions. The method of citing the Insti- 
 tutes should be understood, and is now com- 
 monly by giving the number of the book, 
 title, and section, thus : Inst. I. 2. 5, — there- 
 by indicating book I. title 2, section 5. Where 
 it is intended to indicate the first para- 
 graph, or principium, thus: Inst. B. I. 2. 
 pr. Frequently the citation is simply I. or 
 J. I. 2. 5. A second mode of citation is 
 thus : § 5, Inst, or I. I. 2,— meaning book L 
 title 2, paragraph 5. A third method of 
 citation, and one in universal use with the 
 older jurists, was by giving the name of 
 the title and the first words of the para- 
 graph referred to, thus: § senatusconsul- 
 tum est I de jure nat. gen. et civil, — which 
 means, as before, Inst. B. I. tit. 2, § 5. See 
 1 Colquhoun, § 61. 
 
 The first printed edition of the Institutes 
 is that of Schoyffer, fol. 1468. The last 
 critical German edition is that of Schrader, 
 Berlin, 1832. This work of Schrader is 
 the most learned and most elaborate com- 
 mentary on the text of Justinian in any 
 language, and was intended to form a part 
 of the Berlin Corpus Juris, but nothing 
 further has been published. It is im- 
 possible in this brief article to name all 
 the commentaries on these Institutes, which 
 in all ages have commanded the study and 
 admiration of jurists. More than one hun- 
 dred and fifty years ago, one Homberg 
 printed a tract De Multitudine nimia Com- 
 mentatorum in Instutiones Juris. But we 
 must refer the reader to the best recent 
 French and English editions. Ortolan's In- 
 stitutes de I'Empereur Justinien avec le 
 texte, la traduction en regard, et las expli- 
 cations sous chaque paragraphe, Paris, 1857, 
 3 vols. 8vo, sixth edition. This is, by com- 
 mon consent of scholars, regarded as the 
 best historical edition of the Institutes ever 
 published. Du Caurroy's Institutes de Jus- 
 tinean traduites et expliquees par A. M. Du 
 Caurroy, Paris, 1851, 8th ed. 2 vols. 8vo. 
 The Institutes of Justinian, with English 
 Introduction, Translation, and Notes, by 
 Thomas Collet Sandars, M. A., London, 
 1853, 8vo; 2d Ed., 1860. This work has 
 been prepared expressly for beginners, and 
 is founded mainly upon Ortolan, with a 
 liberal use of La Grange. Du Caurroy, 
 Warnkoenig, and Puchta, as well as Harris 
 and Cooper. A careful study of this edi- 
 tion will result in the student's abandon- 
 ing its pages, and betaking himself to 
 Schrader and Ortolan. The English edition 
 of Harris, and the American one of Cooper, 
 have ceased to attract attention. 
 
 (4) Theophilus' Institutes. A paraphrase 
 of Justinian, made, it is believed, soon after 
 A. D. 533. 
 
 It is generally supposed that in A. D. 
 534, 535, and 536, Theophilus read his com- 
 mentary in Greek to his pupils in the law 
 school of Constantinople. He is conjectured 
 to have died some time in A. D. 536. This 
 paraphrase maintained itself as a manual 
 of law until the eighth or tenth century. 
 
INSTITUTIO HAEREDIS 
 
 541 
 
 INSTRUMENT OF EVIDENCE 
 
 This text was used in the time of Hexabib- 
 los of Harmenipulus, the last of the Greek 
 jurists. It is also conjectured that Theophi- 
 lus was not the editor of his own para- 
 phrase, but that it was drawn up by some 
 of his pupils after his explanations and 
 lectures, inasmuch as it contains certain 
 barbarous phrases, and the texts of the man- 
 uscripts vary greatly from each other. 
 
 It has, however, always been somewhat 
 in use, and jurists consider that its study 
 aids the text of the Institutes; and Cujas 
 and Hugo have both praised it. The first 
 edition was that of Zuichem, fol. Basle, 
 1531; the best edition is that of Reitz, 2 
 vols. 4to, 1751, Haag. There is a German 
 translation by Wusterman, 1823, 2 vols. 
 8vo; and a French translation by Mons. 
 Ilregier, Paris, 1847, 8vo, whose edition is 
 prefaced by a learned and valuable intro- 
 duction and dissertation. Consult Mor- 
 treuil, Hist, du Droit Byzan., Paris, 1843; 
 Smith, Diet. Biog. London, 1849, 3 vols. 8vo; 
 1 Kent, Comm. 533; Profession d'Avocat, 
 torn. ii. note 536, p. 95; Introd. a I'Etude 
 du Droit Romain, p. 124; Diet, de Jurisp.; 
 Merlin, Repert.; Enc. d'Alembert. 
 
 INSTITUTIO HAEREDIS (Lat.) In Ro- 
 man law. The appointment of the haeres 
 in the will. See "Haeres." 
 
 INSTITUTION (Lat. instituere, to form, 
 ^to establish). 
 
 In Civil Law. The appointment of an 
 
 heir; the act by which a testator nominates 
 one or more persons to succeed him in all 
 his rights, active and passive. Halifax, 
 Anal. 39; Poth. Tr. des Donations Testa- 
 mentaires, c. 2, sec. 1, § 1; Civ. Code La. 
 art. 1698; Dig. 28. 5. 1; Id. 1. 28. 6. 1. 
 2. 4. 
 
 • In Ecclesiastical Law. To become a 
 
 parson or vicar, four things are necessary, 
 viz., holy orders, presentation, institution, 
 induction. Institution is a kind of investi- 
 ture of the spiritual part of the benefice; 
 for by institution the care of the souls of 
 the parish is committed to the charge of the 
 clerk, previous to which the oath against 
 simony and of allegiance and supremacy are 
 to be taken. By institution the benefice is 
 full, so that there can be no fresh presenta- 
 tion (except the patron be the king), and 
 the clerk may enter on parsonage house and 
 glebe, and take the tithes; but he cannot 
 grant or let them, or bring an action for 
 them, till induction. See 1 Sharswood, Bl. 
 Comm. 389-391; 1 Burns, Ecc. Law, 169-172. 
 
 In Political Law. A law, rite, or cere- 
 mony enjoined by authority as a permanent 
 rule of conduct or of government; as, the 
 Institutions of Lycurgus. Webster. An or- 
 ganized society, established either by law or 
 the authority of individuals, for promoting 
 any*object, public or social. Webster. 
 
 In Practice. The commencement of an 
 
 action; as, A. B. has instituted a suit 
 against C. D. to recover damages for tres- 
 pass. 
 
 INSTITUTION ES (Lat. from instituere, 
 to instruct, or educate). Works containing 
 the elements of any science; institutions, 
 or institutes. One of Justinian's principal 
 law collections, and a similar work of the 
 Roman jurist Gaius, are so entitled. See 
 "Institutes." 
 
 INSTRUCTIONS. 
 
 In the Law of Agency. Orders given 
 
 by a principal to his agent in relation to 
 the business of his agency. 
 
 The agent is bound to obey the instruc- 
 tions he has received, and when he neglects 
 so to do he is responsible for the conse- 
 quences, unless he is justified by matter of 
 necessity. 4 Bin. (Pa.) 361; 1 Livermore, 
 Ag.. 368. See "Agent." 
 
 — ^ — In English Practice. The statements 
 of a cause of action, given by a client to 
 his attorney, and whicb, where such is the 
 practice, are sent to his pleader to put into 
 legal form of a declaration. Warren, Law 
 Stud. 284. 
 
 Instructions to counsel are their indem- 
 nity for any aspersions they may make on 
 the opposite party; but attorneys who have 
 a just regard to their own reputatioil will 
 be cautious, even under instructions, not to 
 make any unnecessary attack upon a party 
 or witness. For such unjustifiable conduct 
 the counsel will be held responsible. Eu- 
 nom. Dial. 2, § 43, p. 132. For a form of in- 
 structions, see 3 Chit. Prac. 117, 120, note. 
 
 In American Practice. The charge or 
 
 directions as to the law, given by the court 
 to the jury. 
 
 In French Law. The means used and 
 
 formality employed to prepare a case for 
 trial. It is generally applied to criminal 
 cases, and is then called "criminal instruc- 
 tion." It is then defined as the acts and pro- 
 ceedings which tend to prove positively a 
 crime or delict, in order to inflict on the 
 guilty person the punishment which he de- 
 serves. 
 
 INSTRUMENT. The writing which con- 
 tains some agreement, and is so called be- 
 cause it has been prepared as a memorial 
 of what has taken place or been agreed 
 upon. 
 
 Something reduced to writing as a means 
 of evidence. Abbott. A will has been held 
 to be an "instrument." 14 Eq. Cas. 402. 
 
 The agreement and the instrument in 
 which it is contained are very different 
 things, — the latter being only evidence of 
 the existence of the former. 
 
 INSTRUMENT OF APPEAL. The docu- 
 ment by which an appeal is brought in an 
 English matrimonial cause from the presi- 
 dent of the probate, divorce, and admiralty 
 division to the full court. It is analogous 
 to a petition. Browne, Div. 322. 
 
 INSTRUMENT OF EVIDENCE. Instru- 
 ments of evidence are the media through 
 which the evidence of facts, either disputed 
 or required to be proved, is conveyed to the 
 
INSTRUMENTA 
 
 542 INTENDED TO BE RECORDED 
 
 mind of a judicial tribunal; and they com- 
 prise persons, as well as writings. Best, 
 Ev. § 123. 
 
 INSTRUMENTA (Lat.) That kind of evi- 
 dence which consists of writings not under 
 seal; as, court rolls, accounts, and the like. 
 3 Co. Litt. (Thomas Ed.) 487. 
 
 INSUFFICIENCY. In chancery practice. 
 After filing of defendant's answer, the 
 plaintiff has six weeks in which to file ex- 
 ceptions to it for insufficiency, which is the 
 fault of not replying specifically to specific 
 charges in the bill. Smith, Ch. Prac. 344; 
 Mitf. Eq. PI. 376, note; Saunders, Ord. 
 Chanc. Index. 
 
 INSULA (Lat. island). A house not con- 
 nected with other houses, but separated by 
 a surrounding space of ground. Calv. Lex. 
 
 INSUPER (Lat.) Moreover; 'Over and 
 above. 
 
 An old exchequer term, applied to a 
 charge made upon a person in his account. 
 Blount. 
 
 INSURABLE INTEREST. Such an inter- 
 est in a subject of insurance as will entitle 
 the person possessing it to obtain insur- 
 ance. 
 
 In the law of fire insurance, an insurable 
 interest may be defined as such an interest 
 as would entail a pecuniary loss were the 
 , property destroyed. 62 N. Y. 47. 
 
 In the law of life insurance, an insurable 
 interest in the life of another is such a re- 
 lation that the death of such person would 
 entail pecuniary loss. Any relationship re- 
 sulting in dependence, or giving a right to 
 service or support, gives an insurable inter- 
 est to the person benefited. 12 Mass. 115; 
 57 Vt. 496; 66 Mo. 63. A creditor has an 
 insurable interest in the life of his debtor. 
 23 Conn. 244. 
 
 INSURANCE. A contract whereby, for an 
 agreed premium, one party undertakes to 
 indemnify the other aga,inst loss on a speci- 
 fied subject by specified perils. The party 
 agreeing to make the indemnity is usual- 
 ly called the "insurer" or "underwriter;" 
 the other, the "insured' or "assured;" the 
 agreed consideration, the "premium"; the 
 written contract, a "policy"; the events in- 
 sured against, "risks" or "perils"; and the 
 subject, right, or interest to be protected, 
 the "insurable interest." 1 Phil. Ins. 
 §§ 1-5. Called, also, "assurance." 
 
 Insurance is classified according to the 
 nature of the risk insured against, or the 
 nature of the property insured, the princi- 
 pal sorts being (1) fire insurance, being 
 against injury to property by fire; (2) life 
 insurance, being against injury by the death 
 of one in whose interest the assured has a 
 pecuniary interest; (3) marine insurance, 
 being against injury to vessels or their 
 cargo by any peril of navigation; and (4) 
 accident insurance, being against loss from 
 accidental personal injury 
 
 Many other varieties, however, have be- 
 come common in recent years, as against 
 injury to crops by hail; against loss by de- 
 falcation; against defects of title to land, 
 etc. 
 
 INSURANCE AGENT. An agent for ef- 
 fecting insurance may be such by appoint- 
 ment, or the recognition of his acts done as 
 such. 2 Phil. Ins. § 1848; 4 Cow. (N. Y.) 
 645. He may be agent for either of the 
 parties to the policy, or for distinct pur- 
 poses for both. 16 T. B. Mon. (Ky.) 252; 
 20 Barb. (N. Y.) 68. 
 
 INSURED. The person who procures an 
 insurance. 
 
 INSURER. The underwriter In a policy of 
 insurance; the party agreeing to make in- 
 demnity to the other. Sometimes applied 
 improperly to denote the party insured. 
 
 INSURGENT. One who is concerned in 
 an insurrection. He differs from a rebel in 
 this, that "rebel" is always understood in a 
 bad sense, or one who unjustly opposes the 
 constituted authorities; insurgent may be 
 one who justly opposes the tyranny of con- 
 stituted authorities. The colonists who op- 
 posed the tyranny of the English govern- 
 ment were insurgents, not rebels. 
 
 INSURRECTION. A rebellion of citizens 
 or subjects of a country against its govern- 
 ment. 
 
 An insurrection may constitute treason (2 
 Dall. [U. S.] 348), and, ,if extensive, may 
 amount to civil war. 67 U. S. 635. 
 
 INTAKERS. In English law. The name 
 given to receivers of goods stolen in Scot- 
 land, who take them to England. 9 Hen. 
 V. c. 27. 
 
 INTEGER (Lat.) Whole; untouched. Res 
 Integra means a question which is new and 
 undecided. 2 Kent, Comm. 177. 
 
 INTEMPERANCE. Habitual immoderate 
 use of intoxicants does not necessarily im- 
 ply drunkenness. 76 111. 213. 
 
 INTEND (from Lat. intendere, from in, to 
 or towards, and tendere, to stretch or 
 strain). To fix the mind upon a thing; to 
 mean; to determine; to act with a full 
 knowledge of consequences, and vnth a de- 
 termination or willingness to produce such 
 consequences. 1 Greenl. Ev. § 18; 3 Maule 
 & S. 11, 15; Burrill, Circ. Ev. 38, 47. 
 
 INTENDANT. One who has the charge, 
 management, or direction of some office, de- 
 partment, or public business. 
 
 INTENDED TO BE RECORDED. This 
 phrase is frequently used in conveyancing, 
 in deeds which recite other deeds which 
 have not been recorded. In Pennsylvania, it 
 has been construed to be a covenant, on the 
 part of the grantor, to procure the deed to 
 be recorded in a reasonable time. 2 Rawle 
 (Pa.) 14. 
 
INTENDENTE 
 
 543 
 
 INTERCHANGEABLY 
 
 INTENDENTE. In Spanish law. The im- 
 mediate agent of the minister of finance, or 
 the chief and principal director of the dif- 
 ferent branches of the revenue, appointed 
 in the various departments in each of the 
 provinces of the Spanish monarchy. See 
 Bscriche, Die. Raz. 
 
 INTENDMENT OF LAW. The true mean- 
 ing, the correct understanding, or intention, 
 of 'the law; a presumption or inference made 
 by the courts. Co. Litt. 78. 
 
 IN.TENT. Intention (g. v.). 
 That the terms are synonymous, see 2 
 Jones (N. C.) 414. 
 
 INTENTIO (Lat.) 
 
 In Civil Law. The formal complaint 
 
 or claim of a plaintiff before the praetor. 
 "Reus exceptionem velut intentionem im- 
 plete"; id est, reus in exceptione actor est, 
 the defendant makes up his plea as if it 
 were a declaration; i. e., the defendant is 
 plaintilBf in the plea. 
 
 In Old English Law. A count or decla- 
 ration in a real action (narratio). Brac- 
 ton, lib. 4, tr. 2, c. 2; Fleta, lib. 4, c. 7; 
 Du Cange. 
 
 INTENTIO CAECA MALA. A hidden in- 
 tention is bad. 2 Bulst. 179. 
 
 INTENTIO INSERVIRE DEBET LEGI- 
 bus, non leges intention i. Intentions ought 
 to be subservient to the laws, not the laws 
 to intentions. Co. Litt. 314. 
 
 INTENTIO MEA IMPONIT NOMEN OP- 
 eri meo. My intent gives a name to my act. 
 Hob. 123. 
 
 INTENTION. A design, resolve, or deter- 
 mination of the mind. 
 
 The exercise of an intelligent will, the 
 mind being fully aware of the nature and 
 consequences of the act which is about to 
 be done, and with such knowledge, and with 
 full liberty of action, willing and electing 
 to do it. 2 Lea (Tenn.) 619. 
 
 It implies contractual obligation to carry 
 out the intention, and is to be distinguished 
 from "promise." 24 N. J. Law, 430. 
 
 It is not synonymous with "motive" (131 
 Mo. 397), nor with "attempt" (3 Dev. 
 [N. C] 330). 
 
 INTER. In Latin phrases. A preposition, 
 meaning among; between. 
 
 INTER ALIA (Lat.) Among other things; 
 as, "the said premises, which, inter alia, 
 Titius granted to Caius." 
 
 INTER ALIAS CAUSAS ACQUISI' 
 tiones mag,na, Celebris, et famosa est causa 
 donatlonis. Among other methods of ac- 
 quiring property, a great, much-used, and 
 celebrated method is that of gift. Bracton, 
 IL 
 
 INTER ALIOS (Lat.) Between other par- 
 ties, who are strangers to the proceeding in 
 question. 
 
 INTER ALIOS RES GESTAS ALMS NON 
 posse praejudlclum facere saepe constltutum 
 est. It has been often settled that things 
 which took place between other parties can- 
 not prejudice. Code, 7. 60. 1. 2. 
 
 INTER APICES JURIS. See "Apex Juris." 
 
 INTER CAETEROS (Lat.) Among oth- 
 ers; in a general clause; not by name (nom- 
 inatim) . A term applied, in the civil law, to 
 clauses of disinheritance in a will. Inst. 2. 
 13. 1; Id. 2. 13. 3. 
 
 INTER CANEM ET LUPUM (Lat. be- 
 tween the dog and the wolf). The twilight; 
 because then the dog seeks his rest, and the 
 wolf his prey. 3 Inst. 63. 
 
 INTER CONJUGES. Between husband 
 and wife. 
 
 INTER PARTES (Lat. between the par- 
 ties). A phrase signifying an agreement 
 professing in the outset, and before any 
 stipulations are introduced, to be made be- 
 tween such and such persons; as, for ex- 
 ample, "This indenture, made the day 
 
 of , 1848, between A. B., of the one 
 
 part, and C. D., of the other." It is true 
 that every contract is in one sense inter 
 partes, because, to be valid there must be 
 two parties at least, but the technical sen^e 
 of this expression is as above mentioned. 
 Add. Cont. 9. 
 
 INTER REGALIA. Among the regalia 
 (q. v.). 
 
 INTER SE, INTER SESE (Lat.) Among 
 themselves. Story, Partn. § 405. 
 
 INTER VIVOS (Lat.) Between living per- 
 sons; as, a gift inter vivos, which is a gift 
 made by one living person to another. See 
 "Gifts." It is a rule that a fee cannot pass 
 by grant or transfer inter vivos, without 
 appropriate words of inheritance. 2 Prest. 
 Est. 64. See "Donatio Mortis Causa." 
 
 INTERCALARE (Lat.) In civil law. To 
 introduce or insert among or between oth- 
 ers; to introduce a day or month into the 
 calendar; to intercalate. Dig. 50. 16. 98. 
 pr. 
 
 INTERCHANGEABLY (Law Lat. alter- 
 natim). In the way, mode, or form of ex- 
 change or interchange. A term constantly 
 used in the concluding clause of indentures, 
 — in witness whereof, the said parties have 
 hereunto interchangeably set their hands 
 and seals, — and properly importing not only 
 an execution by all the parties, but an ac- 
 tual interchange of signatures and seals, 
 such as take place in the case of instru- 
 ments executed in duplicate, or in part and 
 counterpart, where the signature and seal of 
 each party are aflBxed to the part given to 
 the other. It is used, however, every day in 
 deeds signed by the grantor only, but will 
 not be held to import a signature by the 
 grantee. 7 Pa. St. 329. 
 
INTERCOMMON 
 
 544 
 
 INTEREST REIPUBLICAE 
 
 INTERCOMMON. To enjoy a right of 
 common mutually with the inhabitants of a 
 contiguous town, vill, or manor. 2 Shars- 
 wood, Bl. Comm. 33; Termes de la Ley. 
 
 INTERCOMMONING. A mutual privilege, 
 between the tenants of adjoining manors, 
 of pasturing their cattle on the commons of 
 each other. 
 
 INTERCOURSE (Lat. intercursus, from 
 inter, between, and currere, to run) . Com- 
 munication; literally, a running or passing 
 between persons or places; commerce. 7 
 How. (U. S.) 283-573. 
 
 INTERDICT. 
 
 In Civil Law. The formula according 
 
 to which the praetor ordered or forbade 
 anything to be done in a cause concerning 
 true or quasi possession until it should be 
 decided definitely who had a right to it. 
 But in modem civil law it is an extraordin- 
 ary action, by which a summary decision is 
 had in questions of possession or quasi pos- 
 session. Heinec. Elem. Jur. Civ. § 1287. In- 
 terdicts are either prohibitory, restorative, 
 or exhibitory; the first being a prohibition, 
 the second a decree for restoring possession 
 lost by force (interdict unde vi., 50 111. 
 465), the third a decree for the exhibiting 
 of accounts, e'tc. Id. 1290. Interdicts were 
 decided by the praetor without the inter- 
 vention of a judex, differing in this from 
 actions (actiones). 
 
 The etymology of the word, according to 
 Justinian, is quod inter duos dicitur; accord- 
 ing to Isidorus, quod interim dicitur. Vo- 
 cat; Sand. Just. 589; Mackeld. Civ. Law, 
 §§ 196, 230, 235. Like an injunction, the 
 interdict was merely personal in its effects; 
 and it had also another similarity to it, by 
 being temporary or perpetual. Dig. 43. 1. 
 1. 3. 4. See Story, Eq. Jur. § 865; Halifax, 
 Anal. c. 6. See "Injunction." 
 
 In Ecclesiastical Law. An ecclesias- 
 tical censure, by which divine services are 
 prohibited either to particular persons or 
 particular places. These tyrannical edicts, 
 issued by ecclesiastical powers, have been 
 abolished in England since the reformation, 
 and were never known in the United States. 
 See 2 Burns, Ecc. Law, 340, 341. Baptism 
 was allowed during an interdict; but the 
 holy eucharist was denied, except in the 
 article of death, and burial in consecrated 
 ground was' denied, unless without divine 
 offices. 
 
 INTERDICTION. In civil law. A judicial 
 decree, by which a person is deprived of the 
 exercise of his civil rights. 
 
 The condition of the party who labors 
 under this incapacity. 
 
 INTERDICTUM SALVIANUM (Lat.) In 
 civil law. The Salvian interdict. A process 
 which lay for the owner of a farm to obtain 
 possession of the goods of his tenant who 
 had pledged them to him for the rent of the 
 land. Inst. 4. 16. 3. 
 
 INTERDUM EVENIT UT EXCEPTIO 
 quae prima facie justa videtur, tamen ini- 
 que noceat. It sometimes happens that a 
 plea which seems prima facie just, never- 
 theless is injurious and unequal. Inst. 4. 
 14; Id. 4. 14. 1. 2. 
 
 INTER ESSE (Lat.) The interest of mon- 
 ey, as distinguished from the principal. 
 An interest in land. 
 
 INTERESSE TERMINI (Lat.) An inter- 
 est in the term. The demise of a term in 
 land does not vest any estate in the lessee, 
 but gives him a mere right of entry on the 
 land, which right is called his interest in 
 the term, or interesse termini. See Co. Litt. 
 46; 2 Bl. Comm. 144; 10 Viner, Abr. 348; 
 Dane, Abr. Index; Watk. Conv. 15; 1 Washb. 
 Real Prop. Index. 
 
 INTEREST. (Lat.) It concerns; it is of 
 advantage. 
 
 In Contracts. The right of property 
 
 which a man has in a thing. See "Insur- 
 able Interest." 
 
 On Debts. The compensation which 
 
 is paid by the borrower of money to the 
 lender for its use, and, generally, by a 
 debtor to his creditor in recompense for 
 his detention of the debt. 
 
 INTEREST, MARITIME. See "Marine In- 
 terest." 
 
 INTEREST OR NO INTEREST. A provi- 
 sion in a policy of insurance, which imports 
 that the policy is to be good though the in- 
 sured have no insurable interest in the sub- 
 ject matter. This constitutes a "wager pol- 
 icy," which is bad in England, by St. 19 Geo. 
 II. c. 37, and, generally, from the policy of 
 the law. 2 Pars. Mar. Law, 89, note. 
 
 INTEREST REIPUBLICAE NE MALEFI- 
 cia remaneant imipunita. It concerns the 
 commonwealth that crimes do not remain 
 unpunished. Jenk. Cent. Cas. 30, 31. 
 
 INTEREST REIPUBLICAE NE SUA 
 quis male utatur. It concerns the republic 
 that no one misuse his property. 6 Coke, 36. 
 
 INTEREST REIPUBLICAE QUOD HOMI- 
 nes conserventur. It concerns the common- 
 wealth that we be preserved. 12 Coke, 62. 
 
 INTEREST REIPUBLICAE RES JUDICA- 
 tas non rescind!. It concerns the common- 
 wealth that things adjudged be not rescind- 
 ed. See "Res Judicata." 
 
 INTEREST REIPUBLICAE SUPREMA 
 hominum testamenta rata haberi. It con- 
 cerns the commonwealth that men's last 
 wills be sustained. Co. Litt. 236. 
 
 INTEREST REIPUBLICAE UT CARCE- 
 
 res sint in tuto. It concerns the common- 
 wealth that prisons be secure. 2 Inst. 689. 
 
 INTEREST REIPUBLICAE UT PAX IN 
 regno conservetur, et quaecunque paci ad- 
 versentur provide declinentur. It benefits 
 
INTEREST REIPUBLICAE 
 
 545 
 
 INTERN 
 
 the state to preserve peace in the kingdom, 
 and to prudently decline whatever is ad- 
 verse to it. 2 Inst. 158. 
 
 INTEREST REIPUBLICAE UT QUALI- 
 bet re sua bene utatur. It concerns the com- 
 monwealth that every one use his property 
 properly. 6 Coke, 37. 
 
 INTEREST REIPUBLICAE UT SIT Fi- 
 nis litium. It concerns the commonwealth 
 that there be a limit to litigation. Co. Litt. 
 303. 
 
 INTEREST SUIT. In English probate law. 
 A suit to determine which of several per- 
 sons is by interest entitled to administer 
 an estate. 
 
 INTERFERENCE. The state of things 
 which exists when a person applies for a 
 patent which, if granted, would cover any 
 of the patentable ground occupied by any 
 existing patent, or by any patent for which 
 an application is then pending. An investi- 
 gation is ordered by the commissioner of 
 patents, for the purpose of determining 
 which of the parties was the first to make 
 the invention, or that portion of it from 
 which the interference results. When the 
 controversy is between two applications, a 
 patent wiU be finally granted to him who is 
 shown to be the first inventor, and will be 
 denied to the other applicant so far as the 
 point thus controverted is concerned. But 
 if the interference is between an applica- 
 tion on the one hand and an actual patent 
 on the other, as there is no ' power in the 
 patent office to cancel the existing patent, 
 all that can be done is to grant or withhold 
 from the applicant the patent he asks. If 
 the patent is granted to him, there will be 
 two patents for the same thing. The two 
 parties will stand upon a footing of equal- 
 ity, and must settle their rights by a resort 
 to the courts, in the manner provided by the 
 act of congress. In interference-cases, each 
 party is allowed to take the testimony of 
 witnesses in accordance with rules estab- 
 lished by the patent ofiice. See Act July 
 4, 1836, §§ 8, 16. 
 
 INTERIM (Lat.) In the meantime; mean- 
 while. An assignee ad interim, is one ap- 
 pointed between the time of bankruptcy and 
 appointment of the regular assignee. 2 Bell, 
 Conun. 355. 
 
 INTERIM COMMITTATUR. In the mean- 
 time let him be committed. 
 
 INTERIM CURATOR. An officer appoint- 
 ed to have the temporary management Of 
 the property of a convict, since the aboli- 
 tion of escheats. 4 Steph. Comm. 462. 
 
 INTERIM FACTOR. In Scotch law. A ju- 
 dicial officer elected or appointed imder the 
 bankruptcy law to take charge of and pre- 
 serve the estate until a fit person shall be 
 elected trustee. 2 Bell, Comm. 367. 
 
 INTERIM OFFICER. One appointed t6 fill 
 a temporary vacancy, 
 
 INTERLAQUEARE. In old practice. To 
 link together, or interchangeably. Writs 
 were called "interlaqueata" where several 
 were issued against several parties residing 
 in different counties, each party being sum- 
 moned by a separate writ to warrant the 
 tenant, together with the other warrantors. 
 Fleta, lib. 5, c. 4, § 2. They were, in other 
 words, simul cum writs. 
 
 INTERLINEATION. Writing between two 
 lines. 
 
 INTERLOCUTOR. In Scotch practice. An 
 order or decree of court; an order made in 
 open court. 2 Swint. 362; Arkley, 32. 
 
 INTERLOCUTOR OF RELEVANCY. In 
 
 Scotch practice. A decree as to the rele- 
 vancy of a libel or indictment in a criminal 
 case. 2 Alls. Crim. Pr. 373. 
 
 INTERLOCUTORY. Something which is 
 done between the commencement and the 
 end of a suit or action which decides some 
 point or matter, which, however, is not a 
 final decision of the matter in issue; as, in- 
 terlocutory judgments, or decrees, or orders. 
 
 Interlocutory Costs. Costs accruing 
 
 upon proceedings in the intermediate stages 
 of a cause, as distinguished from final costs ; 
 such as the costs of motions. 8 Chit. Gen. 
 Prae. 597. 
 
 Interlocutory Decree. A provisional 
 
 or preliminary decree, which is not final, 
 and does not determine the suit, but directs 
 some further proceedings preparatory to 
 the final decree. A decree pronounced for 
 the purpose of ascertaining matter of law 
 or fact preparatory to a final decree. 1 
 Barb. Ch. Prac. 326, 327. 
 
 — 1 — ln.terlocutory Judgment. A prelimin- 
 ary or Intermediate judgment. A judg- 
 ment given in the course of an action upon 
 some plea, proceeding, or default which is 
 only intermediate, and does not determine 
 or complete the suit, as upon a demurrer 
 or plea in abatement, or where the right 
 of the plaintiff is established, but the quan- 
 tum of damages is not ascertained. 1 Tidd, 
 Prac. 568. See "Final" 
 
 Interlocutory Order. An order made 
 
 during the progress of a cause upon some 
 incidental matter which arises out of the 
 proceedings. 
 
 —^Interlocutory Sentence. In civil law. 
 A sentence on some indirect question aris- 
 ing from the principal cause. Halifax, Civ. 
 Law, bk. 3, e. 9, No. 40. 
 
 INTERLOPERS. Persons who Interrupt 
 the trade of a company of merchants, by 
 pursuing the same business with them in 
 the same place, without lawful authority. 
 
 INTER'N. To restrict a person to a lim- 
 ited territory; to forbid departure from the 
 realm. 
 
INTERNATIONAL LAW 
 
 546 
 
 INTERPRETATION 
 
 INTERNATIONAL LAW. The system of 
 rules which Christian states acknowledge 
 to be obligatory upon them in their rela- 
 tions to each other and to, each other's sub- 
 jects. It is the jus inter gentes, as distin- 
 guished from the jms gentium. 
 
 The rules of conduct regulating the inter- 
 course of states. Halleck, Int. Law, 41 ; Da- 
 vis, Int. Law, i 2. It consists of those rules 
 of conduct which reason deduces as conso- 
 nant to justice from the nature of the so- 
 ciety existing among independent nations, 
 with such definitions and modifications as 
 may be established by mutual consent. 
 Wheaton, Int. Law, § 14. 
 
 International law has been divided into 
 (1) public, and (2) private, under which 
 division public international law is the law 
 of nations as above defined, while private 
 international law consists of the rules by 
 which courts determine within what na- 
 tional jurisdiction an action or proceeding 
 falls, or by what national law it should be 
 decided. Glenn, Int. Law, § 2. 
 
 Various divisions of international law 
 have been proposed, but none are of any 
 great importance. One has been into nat- 
 ural and voluntary law, in which latter con- 
 ventional or treaty law and customary are 
 embraced. Another, somewhat similar, sep- 
 arates international rules into those which 
 are deducible from general natural jus, those 
 which are derived from the idea of estate, 
 and those which grow out of simple com- 
 pact. Whatever division be made, it is to be 
 observed that nations are voluntary, first, in 
 deciding the question what intercourse they 
 vdll hold with each other; second, that they 
 are voluntary in defining their rights and 
 obligations, moral claims and duties, al- 
 though these have an objective existence 
 beyond the control of the will of nations; 
 and third, that, wKen international law has 
 arisen by the free assent of those who enter 
 into certain arrangements, obedience to its 
 provisions is as truly in accordance with 
 natural law, which requires the observance 
 of contracts, as if natural law had been in- 
 tuitively discerned or revealed from heaven, 
 and no consent had been necessary at the 
 outset. 
 
 ) 
 
 INTERNUNCIO. A minister of a second 
 order, charged with the affairs of the court 
 of Rome, where that court has no nuncio 
 under that title. 
 
 INTERNUNCIUS (Lat. from inter, be- 
 tween, and nundus, a messenger). A mes- 
 senger between two parties; a go-between. 
 Applied to a broker, as the agent of both 
 parties. 4 Rob. Adm. 204. 
 
 INTERPOLATION. In civil law. The act 
 by which, in consequence of an agreement, 
 the party bound declares that he will not 
 be bound beyond a certain time. WolflP. 
 Inst. § 752. 
 
 In the case of a lease from year to year, 
 or to continue as long as both parties please, 
 a notice given by one of them to the other 
 
 of a determination to put an end to th* 
 contract would bear the name of "Interpolar 
 tion." 
 
 INTERPLEADER. 
 
 ^— At Common Law. A proceeding In the 
 action of detinue, by which the defendant 
 states the fact that the thing sued for is in 
 his hands, and that it is claimed by a third 
 person, and that whether such person or 
 the plaintiff is entitled to it is unknown to 
 the defendant, and thereupon the defendant 
 prays that a process of garnishment may be 
 issued to compel such third person so claim- 
 ing to become defendant in his stead. 3 
 Reeve, Hist. Eng. Law, c. 23; Mitf. Eq. PI. 
 (Jeremy Ed.) 141; Story, Eq. Jur, §i 800. 
 801, 802. 
 
 In Equity. A bill whereby one from 
 
 whom two or more persons claim the same 
 duty or thing can compel them to inter- 
 plead, and have their several claims ad- 
 judged, lest he be twice compelled to render 
 the same debt, duty, or property. 77 111. 
 139. 
 
 In Modern Law. Several statutory 
 
 remedies have been substituted in various 
 states. In some, a complaint in the nature 
 of a bill of interpleader (see 17 Mo. 499), 
 and in others a formal collateral proceed- 
 ing to try title to property (130 111. 87). 
 
 INTERPRETARE ET CONCORDARE LE- 
 ges legibus est optimus interpretandi mo- 
 dus. To interpret and reconcile laws so that 
 they harmonize is the best mode of con- 
 struction. 8 Coke, 169. 
 
 INTERPRETATIO CHARTARUM BENIG- 
 ne facienda est, ut res magis valeat quam 
 pereat. The Interpretation of deeds is to be 
 liberal, that the thing may rather have 
 effect than fail. Broom, Leg. Max. 543. 
 
 INTERPRETATIO FIENDA EST UT RES 
 magis valeat quam pereat. Such a construc- 
 tion is to be made that the subject may 
 have an effect, rather than none. Jenk. 
 Cent. Cas. 198. 
 
 INTERPRETATIO TALIS AMBIGUIS 
 semper fienda est, ut evitetur inconveniens 
 et absurdum. In ambiguous things, such a 
 construction should be made that what is in- 
 convenient and absurd may be avoided. 4 
 Inst. 328. 
 
 INTERPRETATION. The act of finding 
 out the true sense of any form of words — 
 that is, the sense which their author intend- 
 ed to convey — and of enabling others to 
 derive from them the same idea which the 
 author intended to convey. 14 How. Pr. R. 
 (N. Y.) 272. 
 
 The discovery and representation of the 
 true meaning of any signs used to convey 
 ideas. Lieber, Leg. & Pol. Herm. 
 
 "Construction" is sometimes used as a 
 synonym (Jones, Const, p. 3), though it has 
 been said that "construction" is the broader 
 term, and includes also the legal effect (2 
 Pars. Cont. 491, note a). 
 
INTERPRETATION CLAUSE 
 
 547 
 
 INTERSTATE COMMERCE 
 
 The "true meaning" of any signs is that 
 meaning which those who used them were 
 desirous of expressing. A perspn adopting 
 or sanctioning them ''uses" them as well as 
 their immediate author. Both parties to 
 an agreement equally make use of the signs 
 deplaratory of that agreement, though one 
 only is the originator, and the other may be 
 entirely passive. The most common signs 
 used to convey ideas are words. When there 
 is a contradiction in signs intended to agree, 
 resort must be had to construction, — that is, 
 the drawing of conclusions from the given 
 signs, respecting ideas which they do not 
 express. 
 
 (1) Close interpretation (interpretatio re- 
 stncta) is adopted if just reasons, connected 
 with the formation and character of the 
 text, induce us to take the words in their 
 narrowest meaning. This species of inter- 
 pretation has generally been called "literal," 
 but the term is inadmissible. Lieber, Leg. 
 & Pol. Herm. 66. 
 
 (2) Extensive interpretation (interpreUv- 
 tio extensiva, called, also, "liberal interpre- 
 tation") adopts a more comprehensive sig- 
 nification of the word. 
 
 (3) Extravagant interpretation (inter- 
 pretatio excedens) is that which substitutes 
 a meaning evidently beyond the true one. It 
 is therefore not genuine interpretation. 
 
 (4) Free or unrestricted interpretation 
 (interpretatio soluta) proceeds simply on 
 the general principles of interpretation in 
 good faith, not bound by any specific or su- 
 perior principle 
 
 (5) Limited or restricted interpretation 
 (interpretatio limitata) is when we are in- 
 fluenced by other principles than the strictly 
 hermeneutic ones. Emesti, Inst. Interp. 
 
 (6) Predestined interpretation (interpre- 
 tatio predestinata) takes place if the inter- 
 preter, laboring under a strong bias of mind, 
 makes the text subservient to his precon- 
 ceived views or desires. This includes art- 
 ful interpretation (interpretatio vafer), by 
 which the interpreter seeks to give a mean- 
 ing to the text other than the one he knows 
 to have been intended. 
 
 The civilians divide interpretation into: 
 
 (1) Authentic (interpretatio authentiea), 
 which proceeds from the author himself. 
 
 (2) Usual (interpretatio nsualis), when 
 the interpretation is on the ground of usage. 
 
 (3) Doctrinal (interpretatio doctrinalis) , 
 when made agreeably to rules of science. 
 Doctrinal interpretation is subdivided into 
 extensive, restrictive, and declaratory, — ex- 
 tensive, whenever the reason of a proposi- 
 tion has a broader sense than its terms, and 
 it is consequently applied to a case which 
 had not been explained; restrictive, when 
 the expressions have a greater latitude than 
 the reasons; and declaratory, when the rea- 
 sons and terms agree, but it is necessary to 
 settle the meaning of some term or terms 
 to make the sense complete. 
 
 INTERPRETATION CLAUSE. A clause 
 in a statute defining words used therein, or 
 prescribing rules for its Interpretation. 
 
 INTERPRETER. One employed to make 
 a translation. 
 
 An interpreter should be sworn before he 
 translates the testimony of a witness. 4 
 Mass. 81; 5 Mass. 219; 2 Caines (N. Y.) 
 166. 
 
 A person employed between an attorney 
 and client to act as interpreter is consid- 
 ered merely as the organ between them, and 
 is not bound to testify as to what he has 
 acquired in those confidential communica- 
 tions. 1 Pet. C. C. (U. S.) 356; 4 Munf. 
 (Va.) 273; 3 Wend. (N. Y.) 337. 
 
 INTERREGNUM (Lat.) The period, in 
 case of an established government, which 
 elapses between the death of a sovereign 
 and the election of another, is called "inter- 
 regnum." The vacancy which occurs when 
 there is no government. 
 
 INTERROGATOIRE. In French law. An 
 act or instrument which contains the inter- 
 rogatories made by the judge to the person 
 accused, on the facts which are the object 
 of the accusation, and the answers of the 
 accused. Poth. Proc. Crim. sec. 4, art. 2, 
 § 1. 
 
 INTERROGATORIES. Material and per- 
 tinent questions, in writing, to necessary 
 points, not confessed, exhibited for the ex- 
 amination of witnesses or persons who are 
 to give testimony in the cause. 
 
 Interrogatories are exhibited in various 
 proceedings, as in a bill of equity by way of 
 discovery, on a statutory discovery, on the 
 taking of a deposition. 
 
 Interrogatories to a witness are either 
 original and direct on the part of him who 
 produces the vsritnesses, or cross and counter, 
 on behalf of the adverse party, to examine 
 witnesses produced on the other side. Either 
 party, .plaintiff or defendant, may exhibit 
 original or cross interrogatories. 
 
 INTERRUPTIO (Lat. from interrumpere, 
 to break through or apart). Interruption. 
 A term used both in the civil and common 
 law of prescription. Calv. Lex. 
 
 INTERRUPTIO MULTIPLEX NON TOL- 
 lit praescriptlonem semel obtentam. Re- 
 peated interruptions do not defeat a pre- 
 scription once obtained. 2 Inst. 654. 
 
 INTERRUPTION. The effect of some act 
 or circumstance which stops the course of a 
 prescription or act of limitations. 3 Bligh 
 (N. S.) 444; 4 Mees. & W. 497. 
 
 Civil interruption is that which takes 
 place by some judicial act. 
 
 Natural interruption is an interruption in 
 fact. 4 Mason (U. S.) 404; 2 Younge & J. 
 285. See "Easement"; "Limitations"; "Pre- 
 scription." 
 
 In Scotch Law. The true proprietor's 
 
 claiming his right during the course of pre- 
 scription. Bell, Diet. 
 
 INTERSTATE COMMERCE. Commerce 
 between persons or places in different 
 states. The exchange of property in one 
 
INTERSTATE COMMERCE ACT 
 
 648 
 
 INTIMATION 
 
 state fov property in another, its essential 
 characteristic being that it involves the mov- 
 ing of property from one state to another. 
 223 111. 590. See "Commerce." A ship- 
 ment from one state to another under a con- 
 tract for continuous carriage is interstate 
 commerce, even as to so much of the jour- 
 ney as is within the limits of a single state 
 (102 U. S. 541), or though the journey is 
 temporarily interrupted before leaving the 
 state (116 U. S. 517) ; but a shipment be- 
 tween points in the' same state is not inter- 
 state commerce, though the goods are car- 
 ried out of the state en route (145 U. S. 
 192). 
 
 INTERSTATE COMMERCE ACT. Act 
 Cong. Feb. 4, 1888, regulating interstate 
 commerce, designed to secure reasonable 
 and uniform charges for carriage of freight 
 and passengers, and prevent rebates, pref- 
 erences, and pooling. 
 
 INTERSTATE COMMERCE COMMIS- 
 sion. A commission created by the inter- 
 state commerce act to enforce its provisions. 
 
 INTERVALLUM. (Lat.) In old English 
 law. An interval of time or place. 
 
 INTERVENER. A party who seeks to in- 
 terpose in a suit. See "Intervention." 
 
 INTERVENTION (Lat. intervenio, to 
 come between or among). 
 
 In Civil Law. The act by which a 
 
 third party becomes a party in a suit pend- 
 ing between other persons. 
 
 The intervention is made either to be 
 joined to the plaintiff, and to claim the same 
 thing he does, or some other thing connect- 
 ed with it; or to join the defendant, and 
 with him to oppose the claim of the plain- 
 tiff, which it is his interest to defeat. Poth. 
 Proc. Civ. c. 2, sec. 6, § 3. 
 
 In Modern Practice. The term Is 
 
 sometimes used in the same sense as in the 
 civil law. 
 
 In English Ecclesiastical Law. The 
 
 proceeding of a third person, who, not be- 
 ing originally a party to the suit or pro- 
 ceeding, but claiming an interest in the sub- 
 ject matter in dispute, in order the better to 
 protect such interest, interposes his claim. 
 2 Chit. Prac. 492; 3 Chit. Com. Law, 633; 2 
 Hagg. Const. 137; 3 Phillim. Ecc. Law, 586; 
 1 Add. Ecc. Law, 5 ; 4 Hagg. Ecc. Law, 67 ; 
 Dunl. Adm. Prac. 74. The intervener may 
 come in at any stage of the cause, and 
 even after judgment, if an appeal can be 
 allowed on such judgment. 2 Hagg. Const. 
 137; 1 Eng. Ecc. Law, 480; 2 Eng. Ecc. 
 Law, 13. 
 
 INTESTABILIS. An incompetent or dis- 
 qualified witness. 
 
 INTESTABLE. One who cannot lawfully 
 make a testament. 
 
 An infant, an insane person, or one civil- 
 ly dead cannot make a will, for want of ca- 
 pacity or understanding. A married wo- 
 
 man cannot make such a will without some 
 special authority, because she is under the 
 power of her husband. They are all in- 
 testable. 
 
 INTESTACY. The state or condition of 
 dying without a will. 
 
 INTESTATE. One who, having lawful 
 power to make a will, has made none, or 
 one which is defective in form. In that 
 case, he is said to die intestate, and his es- 
 tate descends to his heir at law. 
 
 This term comes from the Latin intesta- 
 tus. Formerly, it was used in Prance in- 
 discriminately with de-confess; that is, 
 without confession. It was regarded as a 
 crime, on account of the omission of the 
 deceased person to give something to the 
 church, and was punished by privation of 
 burial in consecrated ground. This omis- 
 sion, according to Floumel, Hist, de Avo- 
 cats, vol. 1, p. 116, could be repaired by 
 making an ampliative testament in the 
 name of the deceased. Vely, torn. 6, p. 145; 
 Henrion de Pansey, Authorite Judiciaire, 
 129, and note. See "Descent"; "Distribu- 
 tion"; "WiU." 
 
 INTESTATE SUCCESSION. The succes- 
 sion or devolution of interest of the property 
 of one dying intestate. In Louisiana, the 
 term "succession" is applied to the estate 
 as a whole. 
 
 INTESTATO. In the civil law. Intestate; 
 without a will. Calv. Lex. 
 
 INTESTATUS. In the civil and old Eng- 
 lish law. An intestate; one who dies with- 
 out a will. Dig. 50. 17. 7. ' 
 
 INTESTATUS DECEDIT, QUI AUT OIVI. 
 nino testamentum non fecit aut non juri 
 fecit, aut id quod fecerat ruptum irritumve 
 factum est, aut nemo ex eo haeres exstitit. 
 He dies intestate who either has made no 
 will at all, or has not made it legally, or 
 whose will which he had made has been an- 
 nulled or become ineffectual, or from whom 
 there is no living heir. Inst. 3. 1, pr.; Dig. 
 38. 16. 1; Id. 50. 16. 64. 
 
 INTIMATION. 
 
 In Civil Law. The name of any Judi- 
 cial act by which a notice of a legal pro- 
 ceeding is given to some one; but it is more 
 usually understood to mean the notice or 
 summons which an appellant causes to be 
 given to the opposite party, that the sen- 
 tence will be reviewed by the superior judge. 
 
 In Scotch Law. An instrument of 
 
 writing, made under the hand of a notary, 
 and notified to a party, to inform him of a 
 right which a third person had acquired; 
 for example, when a creditor assigns a 
 claim against his debtor, the assignee or 
 cedent must give an intimation of this to 
 the debtor, who, till then, is justified m 
 making payment to the original creditor. 
 Kames, Eq. bk. 1, p. 1, § 1. 
 
INTITLE 
 
 INVADIATUS 
 
 INTITLE. An old form of entitle. 6 Mod. 
 304. 
 
 INTOL AND UTTOU. In old reoords. Toll 
 or custom paid for things imported and ex- 
 ported, or bought in and sold out. Cowell. 
 
 INTOXICATED. Drunk from the use of 
 intoxicating liquors. See 47 Vt. 294. 
 
 INTOXICATING LIQUORS. Such liquors 
 as will, if used as a beverage, produce 
 drunkenness. 25 Kan. 767. 
 
 It includes all liquors, whether spirit- 
 uous, vinous, or malt (70 Mass. 20), of 
 which the human stomach can contain 
 enough to produce intoxication. 21 N. Y. 
 173. 
 
 INTRA. In Latin phrases. A preposition, 
 meaning in; near; within. Infra or inter 
 has taken the place of intra in many of the 
 more modem Latin phrases. 
 
 INTRA ANNI SPATIUM. Within the 
 space of a year. Code, 5. 9. 2. Intra annate 
 tempus. Id. 6. 30. 19. 
 
 INTRA FIDEM. Within belief; credible. 
 Calv. Lex. 
 
 INTRA LUCTUS TEMPUS (Lat.) Within 
 the time of mourning. Code, 9. 1. 
 
 INTRA MAENIA (Lat. within the walls 
 of a house). A term applied to domestic 
 or menial servants. 1 Bl. Comm. 425. 
 
 INTRA PARIETES (Lat.) Between walls; 
 among friends; out of court; without litiga- 
 tion. Calv. Lex. 
 
 INTRA PRAESIDIA (Lat.) Within the de- 
 fenses. Dig. 49. 15. 5. 1. See "Infra Prae- 
 sidia." 
 
 INTRA QUATUOR MARIA (Lat.) Within 
 the four seas. Shep. Touch. 378. 
 
 INTRA VIRES. Within the power. The 
 opposite of ultra vires (q. v.). 
 
 An act which might be done by the man- 
 aging board of a corporation or by a ma- 
 jority of the stockholders in meeting as- 
 sembled. The act in intra vires although 
 done by the managing board of directors, 
 and in opposition to the will of a majority 
 of the stockholders. 113 111. App. 609. 
 
 INTRINSIC VALUE. "Its true, inherent, 
 and essential value, not depending upon ac- 
 cident, place, or person, but the same 
 everywhere, and to every one." 5 Ired. (N. 
 C.) 698. 
 
 INTROMISSION. In Scotch law. The as- 
 suming possession of property belonging to 
 another, either on legal grounds, or with- 
 out any authority. In the latter case it is 
 called "vicious" intromission. Bell, Diet. 
 
 INTRONISATION. In French ecclesiasti- 
 cal law. The installation of a bishop in his 
 episcopal see. Clef des Lois Rom. 
 
 INTRUDER. One who, on the death of the 
 ancestor, enters on the land, unlawfully, 
 before the heir can enter. 
 
 INTRUSION. The entry of a stranger 
 after the determination of a particular es- 
 tate of freehold, before the entry of him in 
 reversion or remainder. Intrusion or 
 usurpation, and trespass are not synony- 
 mous terms. 96 111. 255. 
 
 The entry and interposition of the 
 stranger differs from an abatement in this, 
 that an abatement is always to the preju- 
 dice of an heir or immediate devisee; an 
 intrusion is always to the prejudice of him 
 in remainder or reversion. 3 Sharswood, Bl. 
 Comm. 169; Fitzh. Nat. Brev. 203; Archb. 
 Civ. PI. 12; Dane, Abr. Index; 3 Steph. 
 Comm. 443. 
 
 The name of a writ brought by the owner 
 of a fee simple, etc., against an intruder. 
 New Nat. Brev. 453. Abolished by 3 & 4 
 Wm. IV. c. 57. 
 
 At Common Law. Intrusion at the 
 
 common law is one of the modes of ouster 
 of the freehold, and is defined to be "an 
 entry by a stranger after a particular es- 
 tate of freehold is determined before him 
 in reversion or remainder; as when a ten- 
 ant for life dieth seized of certain lands 
 and tenements, and a stranger cometh 
 thereon, after such death of the tenant, and 
 before any entry of him in reversion or re- 
 mainder. 3 Ch. Bl. 169. 
 
 Trespass Distinguished. Trespass is 
 
 an entry on another's ground without law- 
 ful authority, and doing some damage how- 
 ever inconsiderable to his ^eal property. 
 This broad distinction does not exist under 
 our statute dispensing with livery of seizin; 
 but the only distinction apparent to my 
 mind between an intrusion and a trespass 
 is, that the former implies an unlawful 
 possession of lands, while the latter may 
 amount to a mere entry upon land with- 
 out retaining possession, but doing some 
 damage. Hulick v. Scovil, 9 111. 170, 171. 
 
 INTUIT US (Lat. from intueri, to look up- 
 on or view). A view; regard; contempla- 
 tion. Diverso intuitu (q. v.), with a different 
 view. 
 
 View or sight. Intuitu Dei, in the sight of 
 God. Magna Charta, pr. 
 
 INURE. To take effect; to result. 
 
 INUTILIS LABOR, ET SINE FRUCTU, 
 non est effectus legls. Useless labor and 
 without fruit is not the effect of law. Co. 
 Litt. 127; Wingate, Max. 38. 
 
 INVADIARE (Law Lat.) In feudal and old 
 European law. To pledge; to engage or 
 pledge lands; to mortgage. 
 
 INVADIATIO (Law Lat.) A pledge or 
 mortgage. 
 
 INVADIATUS (Law Lat.) One who is un- 
 der pledge; one who has had sureties or 
 pledges given for him. Spelman. 
 
 A person acquitted. 
 
INVALID 
 
 650 
 
 INVITO BENEPICIUM 
 
 INVALID. Not valid; of no binding force. 
 
 INVASION. The entry of a country by a 
 public enemy, making war. 
 
 INVECTA ET ILLATA (Lat.) In civil law. 
 Things carried and brought in; things 
 brought into a building hired' {aedes), or 
 into a hired estate in the city (praedium ur- 
 banum) , which are held by a tacit mort- 
 gage for the rent. Vocat; Domat, Civ. Law. 
 
 INVEIGLE. To inveigle, in a legal sense, 
 is to induce a party to come within the 
 jurisdiction of the court, by some scheme, 
 subterfuge, fraud, trick, device, or misrep- 
 resentation, that he may be served with 
 process. 106 Mich. 525; 13 N. Y. Supp. 570. 
 
 INVENIENS LIBELLUM FAMOSUM ET 
 non corrurriipens punitur. He who finds a 
 libel, and does not destroy it, is punished. 
 F. ^oore, 813. 
 
 INVENTIO. 
 
 In Civil Law. Finding; one of the 
 
 modes of acquiring title to property by oc- 
 cupancy. Heinec, lib. 2, tit. 1, I 350. Some- 
 times rendered in English "invention." 
 
 In Old English Law. A thing found; 
 
 as goods, or treasure trove. Cowell. The 
 plural, inventiones, is also used. 
 
 INVENTION. In patent law. The act or 
 operation of finding out something new; the 
 contrivance of that which did not before 
 exist. The word is also used to denote the 
 thing itself which has been so contrived, 
 and which is the subject matter of a patent. 
 
 The test of novelty to determine whether 
 a given contrivance is an "invention" is 
 whether an ordinary mechanic would, with- 
 out other suggestion than his knowledge of 
 the art, make such a contrivance. If so, it 
 is not an invention. 3 Fish. Pat. Cas. (U. 
 S.) 98; 27 Fed. 219. 
 
 An invention differs from a "discovery," 
 inasmuch as this latter term is used to sig- 
 nify the finding out of something which 
 existed before. Thus, we speak of the dis- 
 covery of the properties of steam, or of 
 electricity; but the first contrivance of any 
 machinery by which those discoveries were 
 applied to practical use was an invention; 
 the former always existed, though not be- 
 fore known; the latter did not previously 
 exist. 
 
 INVENTIONES. A word used in some an- 
 cient English charters to signify treasure 
 trove. 
 
 INVENTOR. One who finds out some- 
 thing new, or who contrives or produces a 
 thing which did not before exist; one who 
 makes an invention. The word is generally 
 used to denote the author of such contriv- 
 ances as are by law patentable. See "In- 
 vention." 
 
 INVENTORY. A list, schedule, catalogue, 
 or enumeration in writing, containing, ar- 
 ticle by article, the goods and chattels, 
 
 rights and credits, and, in some cases, the 
 lands and tenements, of a person or per- 
 sons, without attempt to describe the same 
 in detail. 217 111. 169. But enumerating 
 them with reasonable particularity accord- 
 ing to the well understood usage of busi- 
 ness men. 20 Q. B. D. 114; 58 L. T. 34. 
 A conservatory act, which is made to as- 
 certain the situation'of an intestate's estate, 
 the estate of an insolvent, and the like, for 
 the purpose of securing it to those entitled 
 to it. 
 
 INVENTUS .(Lat.) Found. Thesaurus in- 
 ventus, treasure trove. Non est inventus, 
 he is not found. 
 
 INVERITARE. To verify or prove. 
 
 INVEST (Lat. investire, to clothe), to 
 put in possession of a fief upon faking the 
 oath of fealty or fidelity to the prince or 
 superior lord. 
 
 INVESTITIVE FACT. One by means of 
 which a right comes into existence. Hol- 
 land, Jur. 132. 
 
 They are divided by Bentham into coUa- 
 tive, conferring rights, and impositive, im- 
 posing duties. 
 
 INVESTITURE. The act of giving posses- 
 sion of lands by actual seisin. 
 
 When livery of seisin was made to a per- 
 son by the common law, he was invested 
 with the whole fee. This the foreign feud- 
 ists, and sometimes our own law writers, 
 call "investiture"; but, generally speaking, 
 it is termed by the common-law writers the 
 "seisin of the fee." 2 Bl. Comm. 209, 313; 
 Feme, Cent. Rem. 223. note (z). 
 
 By the canon law, investiture was made 
 per baculum et annulum, by the ring and 
 crosier, which were regarded as symbols of 
 the Episcopal jurisdiction. Ecclesiastical 
 and secular fiefs were governed by the same 
 rule in this respect, — ^that previously to in- 
 vestiture neither a bishop, abbot, or lay lord 
 could take possession of a fief conferred 
 upon them by the prince. 
 
 Pope Gregory VI. first disputed the right 
 of sovereigns to give investiture of eccles- 
 iastical fiefs, A. D. 1045; but Pope Gregory 
 VII. carried on the dispute with much more 
 vigor, A. D. 1073. He excommunicated the 
 emperor Henry IV. The popes Victor III., 
 Urban II., and Paul II. continued the con- 
 test. This dispute, it is said, cost Christen- 
 dom sixty-three battles, and the lives of 
 many millions of men. 
 
 INVESTMENT BUYING. See "Gambling 
 Contract." 
 
 INVIOLABILITY. That which is not to be 
 violated. The persons of ambassadors are 
 inviolable. See "Ambassador." 
 
 INVITO (Lat.) Being unwilling. 
 
 INVITO BENEFICIUM NON DATUR. No 
 
 one is obliged to accept a benefit against 
 his consent. Dig. 50. 17. 69; Broom, Leg. 
 
INVITO DEBITORE 
 
 551 
 
 IRE AD LARGUM 
 
 Max. (3d London Ed.) 625. But if he does 
 not dissent, he will be considered as assent- 
 ing. See "Assent." 
 
 INVITO DEBITORE (Lat.) Against the 
 ■will -of the debtor. 
 
 INVITO DOMINO (Lat.) In criminal law. 
 Without the consent of the owner. 
 
 In order to constitute larceny, the prop- 
 erty stolen must be taken invito domino; 
 this is the very essence of the crime. Cases 
 of considerable difficulty arise when the 
 owner has, for the purpose of detecting 
 thieves, by himself or his agents, delivered 
 the property taken, as to whether they are 
 larcenies or not. The distinction seems to 
 be this, that when the owner procures the 
 property to be taken, it is not larceny; and 
 when he merely leaves it in the power of 
 the defendant to execute his original pur- 
 pose of taking it, in the latter case it will 
 be considered as taken invito domino. 2 
 Bailey (S. C.) 569; 2 Russ. Crimes, 66, 
 105; 2 Leach, C. C. 913; 2 East, P. C. 666; 
 Bac. Abr. "Felony" (C) ; Alls. Crim. Prac. 
 273; 2 Bos. & P. 508; 1 Car. & M. 217. See 
 "Larceny." 
 
 INVOICE. In commercial law. An account 
 of goods or merchandise sent by merchants 
 to their correspondents at home or abroad, 
 in which the marks of each package, with 
 other particulars, are set forth. Marsh. Ins. 
 408; Dane, Abr. Index. 47 Miss. 76. An 
 invoice ought to contain a detailed state- 
 ment, which should indicate the nature, 
 quantity, quality, and price of the things 
 sold, deposited, etc. 1 Pardessus, Dr. Com. 
 note 248. See "Bill of Lading"; 2 Wash. 
 C. C. (U. S.) 113, 155. 
 
 An invoice of goods sometimes means the 
 goods themselves, and invoice price or cost 
 sometimes means the prime price or cost of 
 goods, although there is no invoice in fact. 
 6 Jones & Spencer (N. Y.) 342. 
 
 INVOICE BOOK. A book in which in- 
 voices are copied. 
 
 INVOLUNTARY. An involuntary act is 
 that which is performed with constraint (q. 
 V.}, or with repugnance, or without the will 
 to do it. An action is involuntary, then, 
 which is performed under duress. Wolflf. 
 Inst. § 5. 
 
 The term is frequently used in connection 
 with various proceedings to denote an ad- 
 verse proceeding. Thus, involuntary bank- 
 ruptcy proceedings are those instituted by 
 a creditor, and not by the bankrupt. 
 
 A nonsuit allowed on the motion of the 
 defendant ind against the plaintiff's will 
 is an involuntary nonsuit. 223 111. 174; 180 
 111. 191. 
 
 INVOLUNTARY MANSLAUGHTER. 
 
 Homicide committed unintentionally, but 
 without excuse, and not under such circum- 
 stances as to raise the implication of malice. 
 1 Clark & Marshall, Crimes, 562. 
 
 INVOLUNTARY PAYMENT. A payment 
 of money upon an illegal or unjust demand, 
 where a party is advised of all the facts, 
 can only be considered involuntary when 
 it is made to secure the release of person 
 or property from detention, or where the 
 payee is armed with apparent authority to 
 seize upon one or the other and to prevent 
 this the pajmient is made. 57 111. App. 
 240; 94 111. App. 526. 
 
 What shall constitute the compulsion or 
 coercion which the law will recognize as 
 sufficient to render the payments involun- 
 tary, may often be a question of difficulty. 
 It may be said in general that there must 
 be some actual or threatened exercise of 
 power, possessed or supposed to be pos- 
 sessed by the party exacting or receiving 
 the payment, over the person or property 
 of another, from which the latter has no 
 other means of immediate relief. 100 Pa. 
 St. 346; 18 Cal. 272, 407; 46 Cal. 698; 94 
 111. App. 526; 2 Dillon on Municipal Cor- 
 porations (4th Ed.), § 943. 
 
 INWADIARE. (Law Lat.) In old Euro- 
 pean law. To pledge. LL. Longob. lib. 1, tit. 
 14, 1. 10. 
 
 IOTA. The ninth and smallest letter of 
 the Greek alphabet; hence any minute or 
 insignificant thing. 
 
 IPSAE LEGES CUPIUNT UT JURE RE- 
 gantur. The laws themselves desire that 
 they should be governed by right. Co. Litt. 
 174b, quoted from Cato. 
 
 IPSE (Lat.) I (before verbs of first per- 
 son) ; thou (before verbs of second person) ; 
 he himself, she herself, he alone, etc.; the 
 very one; e. g., ipsum corpus, the very 
 thing itself. Halk. Tech. Terms. Ipsae 
 [etenim'] leges cupiunt ut jures regantur, 
 for the very laws themselves wish that they 
 should be ruled by right, — a line, quoted 
 from Cato, which occurs in the decision of 
 Chief Justice Wray and the whole court in 
 the Case of Bankrupts, 2 Coke, 25b. 
 
 IPSE DIXIT. He himself said it. Applied 
 as a substantive to the unsupported asser- 
 tion of one person. 
 
 IPSISSIMIS VERBIS (Lat.) In the iden- 
 tical words'; opposed to "substantially." 7 
 How. (U. S.) 719; 5 Ohio St. 346. 
 
 IPSO FACTO (Lat.) By the fact itself; 
 by the mere fact. 
 
 IPSO JURE (Lat.) By the operation of 
 law; by mere law. 
 
 IRA FUROR BREVIS EST. Anger is a 
 short insanity. 4 Wend. (N. Y.) 336, 355. 
 
 IRA MOTUS (Lat.) Moved or excited by 
 anger or passion. A term sometimes for- 
 merly used in the plea of son assault de- 
 mesne. 1 Tidd, Prac, 645. 
 
 IRE AD LARGUM (Lat.) To go at large. 
 
IRENARCHA 
 
 662 
 
 ISSINT 
 
 IRENARCHA. In Roman law. An officer 
 whose fluties are described in Dig. 5. 4. 18. 
 7. See Id. 48. 3. 6; Code, 10. 75. Literally, 
 a peace officer or magistrate. 
 
 IRREGULAR. Not according to rule. See 
 "Irregularity." 
 
 IRREGULAR DEPOSIT. See "Deposit." 
 
 IRREGULAR PROCESS. Such as a court 
 has general jurisdiction to issue, but which 
 is unauthorized in the particular case by 
 reason of the existence or nonexistence of 
 some fact or circumstance rendering it im- 
 proper in such a case. 103 N. Y. 84, 90. 
 
 IRREGULARITY. In practice. The do- 
 ing or not doing that, in the conduct of a 
 suit at law, which, conformably with the 
 practice of the court, ought or ought not to 
 be done. 115 111. 590. 
 
 It is the technical term for every defect 
 in proceedings or the mode of conducting 
 an action or defense. It is a comprehen- 
 sive term, including all formal objections 
 to matters of practice. 
 
 An irregularity is a formal but a nullity 
 is a substantial defect. One applies chiefly 
 to the manner, the other to the matter or 
 merits of the proceeding; the for met is 
 voidable, the latter absolutely void. As a 
 general rule whenever there is any doubt 
 upon the matter it will always be safer to 
 treat the defect as an irregularity rather 
 than as a nullity. 130 111. App. 588; Mac- 
 namara on Nullities and Irregularities in 
 Law, 20. 
 
 IRRELEVANT. Matter in a pleading 
 which has no substantial relation to the 
 controversy in suit. 3 Sandf. Ch. (N. Y.) 
 743; 6 How. Pr. (N. Y.) 312. 
 
 Equivalent to "impertinent." Includes 
 "Scandalous" matter in a pleading. 5 How. 
 Pr. (N. Y.) 53. 
 
 IRRELEVANT EVIDENCE. That which 
 does not support the issue, and which, of 
 course, must be excluded. 
 
 IRREPARABLE INJURY. An injury is 
 "irreparable," within the rule that injunc- 
 tion will issue to prevent only such injuries, 
 not only where the injury, from its nature, 
 cannot be compensated by damages, or the 
 damages cannot be ascertained by any cer- 
 tain measure 4 N. J. Eq. 449, or when the 
 wrongdoer is insolvent and for that rea- 
 son incapable of responding in damages. 
 210 111. 464; 218 111. 87; 51 Iowa, 385; 42 
 Neb. 238. 
 
 That species of injury, whether great or 
 small, that ought not to be submitted to 
 on the one hand or inflicted on the other; 
 and because it is so large on the one hand 
 or so small on the other, is of such con- 
 stant and frequent recurrence, that no fair 
 or reasonable redress can be had therefor 
 in a court of law. 76 111. 326; 149 111. 570; 
 181 111. 611; 246 111. 534; 52 111, App. 615. 
 
 IRREPLEVIABLE. That cannot be re- 
 plevied or delivered on sureties. Spelled, 
 also, "irreplevisable." Co. Litt. 145; 13 Edw. 
 I. c. 2. 
 
 IRRESISTIBLE FORCE. A term applied 
 to such an interposition of human agency 
 as is, from its nature and power, absolutely 
 uncontrollable; as, the inroads of a hostile 
 army. Story, Bailm. § 25; Lois des Batim. 
 pt. 2, c. 2, § 1. It differs from "inevitable 
 accident" (q. v.), 
 
 IRREVOCABLE. Which cannot be re- 
 voked or recalled. A power of attorney in 
 which the attorney has an interest granted 
 for consideration is irrevocable. See "Will." 
 
 IRRIGATION. The act of wetting or 
 moistening the ground by artificial means; 
 the application of water to land by artificial 
 means for the raising of crops and other 
 products of the soil. Long, Irrigation, § 1; 
 111 Cal. 476. 
 
 IRRITANCY. In Scotch law. The hap- 
 pening of a condition or event by which a 
 charter, contract, or other deed, to which 
 a clause irritant is annexed, becomes void. 
 Ersk. Inst. bk. 2, tit. 5, note 25. Irritancy 
 is a kind of forfeiture. It is legal or con- 
 ventional. Burton, Real Prop. 298. 
 
 IRRITANT. In Scotch law. Avoiding or 
 making void; as an irritant clause. See 
 "Irritancy." 
 
 IRRITANT CLAUSE. In Scotch law. A 
 provision by which certain prohibited acts 
 specified in a deed are, if committed, de- 
 clared to be null and void. 
 
 IRROGARE. In civil law. To impose or 
 set upon, as a fine. Calv. Lex. To inflict, 
 as a punishment. To make or ordain, as a 
 law. 
 
 IRROTULATIO (Law Lat.) An inroUing; 
 a record. 2 Rymer, Poed. 673; Du Cange; 
 Law Fr. & Lat. Diet.; Bracton, fol. 293; 
 Fleta, lib. 2, c. 65, § 11. 
 
 ISH. In Scotch law. The period of the 
 termination of a tack or lease. 1 Bligh, 522. 
 
 ISLAND. A body of land surrounded by 
 water. The title to islands in navigable 
 waters is in the state (53 Am. Rep. 215) ; 
 but an island in private waters belongs to 
 the owners of the nearest mainland, unless 
 otherwise appropriated (9 Cush. [Mass.] 
 548). 
 
 ISSINT (Norman Fr. thus, so). In plead- 
 ing. A term formerly used to introduce a 
 statement that special matter already plead- 
 ed amounts to a denial. 
 
 In actions founded on deeds, the defend- 
 ant may, instead of pleading non est factum 
 in the common form, allege any special 
 matter which admits the execution of the 
 writing in question, but which, neverthe- 
 less, shows that it is not in law his_ deed, 
 and may conclude with, "and so it is not 
 
ISSUABLE 
 
 663 
 
 ISSUE 
 
 his deed," as, that the writing was deliv- 
 ered to A. B. as an escrow, to be delivered 
 over on certain conditions, which have not 
 been complied with, "and so it is not his 
 act"; or that, at tiie time of making the 
 writing the defendant was a feme covert, 
 "and so it is not her act." Bac. Abr. "Pleas" 
 (H 3), (I 2) ; Gould, PI. c. 6, pt. 1, § 64. 
 
 An example of this form of plea, which 
 is sometimes called the "special general is- 
 sue," occurs in 4 Rawle (Pa.) 83, 84. 
 
 ISSUABLE. In practice. Leading or tend- 
 ing to an issue. An issuable plea is one 
 upon which the plaintiff can take issue and 
 proceed to trial. 
 
 ISSUABLE PLEA. A plea in chief to the 
 merits, upon which the plaintiff may take 
 issue and go to trial. 
 
 ISSUABLE TERMS. Hilary and Trinity 
 terms are so called from the making up of 
 the issues, during those terms, for the as- 
 sizes, that they may be tried by the judges, 
 who generally go on circuit to try such is- 
 sues after these two terms. But for town 
 causes all four terms are issuable. 3 Shars- 
 wood, Bl. Comm. 350; 1 Tidd, Prac. 121. 
 
 ISSUE. 
 
 In Real Property Law. Lineal de- 
 scendants; all persons who have descended 
 from a common ancestor. 3 Ves. 257; 17 
 Ves. 481; 19 Ves. 547; 1 Rop. Leg. 90. 
 
 In a will it may be held to have a more 
 restricted meaning, to carry out the testa- 
 tor's intention. 7 Ves. 522; 19 Ves. 73; 1 
 Rop. Leg. 90; 173 111. 229; 255 111. 357, 
 358. See "Heirs of the Body." 
 
 -In Pleading. A single, certain, and 
 
 material point, deduced by the pleadings 
 of the parties, which is affirmed on the one 
 side, and denied on the other. 
 
 The entry of the pleadings. 1 Chit. PL 
 630. 
 
 Several connected matters of fact may 
 go to make up the point in issue. 
 
 A collateral issue is one framed upon 
 some matter not directly in the line of the 
 pleadings; as, for example, upon the iden- 
 tity of one who pleads diversity in bar of 
 execution. 4 Bl. Comm. 396. 
 
 A common issue is that which is formed 
 upon the plea of non est factum, to an ac- 
 tion of covenant broken. 
 _ An actual issue is one formed in an ac- 
 tion brought in the regular manner, for the 
 purpose of trying a question of right be- 
 tween the parties. 
 
 _ A feigned issue is one formed in a fic- 
 titious action, under direction of the court, 
 for the purpose of trying before a jury 
 some question of fact. 
 
 Such issues are generally ordered by a 
 court of equity, for which no jury is sum- 
 moned, to ascertain the truth of some dis- 
 puted fact. They are also frequently used 
 in courts of law, by the consent of the par- 
 ties, to determine some disputed rights 
 without the formality of pleading; and by 
 
 this practice much time and expense are 
 saved in the decision of a cause. 3 Bl. 
 Comm. 452. Suppose, for example, it is de- 
 sirable to settle a question of the validity 
 of a will in a court of equity. For this 
 purpose an action is brought, in which the 
 plaintiff, by a fiction, declares that he laid 
 a wager for a sum of money with the de- 
 fendant, for example, that a certain paper 
 is the last will and testament of A., then 
 avers it is his will, and therefore demands 
 the money; the defendant admits the wager, 
 but avers that it is not the will of A.; and 
 thereupon that issue is joined, which is di- 
 rected out of chancery to be tried; and 
 thus the verdict of the jurors at law de- 
 termines the fact in the coUrt of equity. 
 
 The name is a misnomer, inasmuch as the 
 issue itself is upon a real, material point in 
 question between the parties, and the cir- 
 cumstances only are fictitious. It is a con- 
 tempt of the court in which the action is 
 brought to bring such an action, except un- 
 der the direction of some court. 4 Term R. 
 402. 
 
 (1) A formal issue is one which is framed 
 according to the rules required by law, in 
 an artificial and proper manner. 
 
 (2) An informal issue is one which arises 
 when a material averment is traversed in 
 an improper or inartificial manner. Bac. 
 Abr. "Pleas" (G 2, N 5) ; 2 Wm. Saund. 
 319a, note 6. 
 
 (3) An issue in fact is one in which the 
 truth of some fact is affirmed and denied. 
 
 In general, it consists of a direct affirma- 
 tive allegation on one side, and a direct 
 negative on the other. Co. Litt. 126 a; Bac. 
 Abr. "Pleas" (G 1) ; 2 W. Bl. 1312; 8 Term 
 R. 278; 5 Pet. (U. S.) 149. But an affirma- 
 tive allegation which completely excludes 
 the truth of the preceding may be sufficient. 
 1 Wils. 6; 2 Strange, 1177. Thus, the gen- 
 eral issue in a writ of right, called the 
 "mise," is formed by two affirmatives, the 
 demandant claiming a greater right than 
 the tenant, and the tenant a greater than 
 the demandant. 3 Bl. Comm. 195, 305. And 
 in an action of dower, the count merely de- 
 mands that the third part of [ ] acres 
 of land, etc., as the dower of the demand- 
 ant of the endowment of A. B., heretofore 
 the husband, etc., and the general issue is 
 that A. B. was not seised of such estate, 
 etc., and that he could not endow the de- 
 mandant thereof, etc.; which mode of de- 
 nial, being argumentative, would not, in 
 general, be allowed. 2 Saund. 329. 
 
 (4) A general issue is one which denies 
 in direct terms the whole declaration; as, 
 for example, where the defendant pleads 
 ml debet, that he owes the plaintiff noth- 
 ing, or nul disseisin, no disseisin commit- 
 ted. 3 Greenl. Ev. § 9; 3 Bl. Comm. 305. 
 See "General Issue." 
 
 (5) A special issue is one formed by the 
 defendant's selecting any one substantial 
 point, and resting the weight of his cause 
 upon that. It is contrasted with the gen- 
 eral issue. Comyn, Dig. "Pleader" (R 1, 2). 
 
ISSUE ROLL 
 
 664 
 
 ITER 
 
 (6) A material issue is one properly 
 formed on some material point which will, 
 when decided, decide the question between 
 the parties, 
 
 (7) An immaterial issue is one formed on 
 some immaterial matter, which, though 
 found by the verdict, will not determine the 
 merits of the cause, and will leave the court 
 at a loss how to give judgment. 2 Wim. 
 Saund. 319, note 6. See "Immaterial Is- 
 sue." 
 
 (8) An issue in fact is an issue taken 
 upon ' or consisting of matter of fact, the 
 fact only, and not the law laeing disputed, 
 and which is to be tried by a jury. 3 Bl. 
 Comm. 314, 315; Co. Litt. 126a; 3 Steph. 
 Comm. 572. 
 
 (9) An issue in law is an issue upon 
 matter of law, or consisting of matter of 
 law, being produced by a demurrer on the 
 one side, and a joinder in demurrer on 
 the other. 3 Bl. Comm. 314; 3 Steph. 
 Comm. 572, 580. 
 
 ISSUE ROLL. In English law. The name 
 of a record which contains an entry of the 
 term of which the demurrer book, issue, or 
 paper book is entitled, and the warrants of 
 attorney supposed to have been given by the 
 parties at the commencement of the cause, 
 and then proceeds with the transcript of 
 the declaration and subsequent proceed- 
 ings, continuances, and award of the mode 
 of the decision as contained in the demur- 
 rer, issue or paper book. Steph. PI. 98, 
 99. Afte^ final judgment, the issue roll is 
 no longer called by that name, but assumes 
 that of judgment roll. 2 Archb. Prac. 206. 
 
 ISSUES. In' English law. The goods and 
 profits of the lands of a defendant against 
 whom a writ of distringas or distress in- 
 finite has been issued, taken by virtue of 
 such writ, are called "issues." 3 Bl. Comm. 
 280; 1 Chit. Grim. Law. 351. 
 
 IT IS CONSIDERED. The language of 
 courts in pronouncing judgment. 100 111. 
 490. 
 
 ITA EST (Lat. so it is). Among the civil- 
 ians, when a notary dies, leaving his regis- 
 ter, an officer who is authorized to make of- 
 ficial copies of his notarial acts writes, in- 
 stead of the deceased notary's name, which 
 is required when he is living, ita est. 
 
 ITA LEX SCRIPTA EST. The law is so 
 written. 26 Barb. (N. Y.) 374, 380. 
 
 The law must be obeyed, notwithstanding 
 the apparent rigor of its application. 3 Bl. 
 Comm. 430. We must be content with the 
 law as it stands, without inquiring into its 
 reasons. 1 Bl. Comm. 32. 
 
 ITA QUOD (Lat.) The name or condition 
 in a submission, which is usually intro- 
 duced by these words, "so as the award be 
 made of and upon the premises," which, 
 from the first words, is called the ita 
 quod. 
 
 When the submission is with an ita giiod, 
 the arbitrator must make an award of all 
 matters submitted to him of which he had 
 notice, or the award will be entirely void. 7 
 East, 81; Cro. Jac. 200; 2 Vem. 109; RoUe. 
 Abr. "Arbitrament" (L 9). 
 
 ITA SEMPER FIAT RELATIO UT VA- 
 leat dispositio. Let the relation be so made 
 that the disposition may stand. 6 Coke, 76. 
 
 ITA TE DEUS ADJUVET (Lat. so help 
 you God). The old form of administering 
 an oath in England, generally in connection 
 with other words, thus: Ita te Deus adju- 
 vet, et sacrosancta Dei Evangelia, so help 
 you God, and God's holy Evangelists. Ita 
 te Deus adjuvet et omnes sancti, So help 
 you God and all the saints. Willes, 338. 
 
 ITA UTERE TUO UT ALIENUM NON 
 laedas. Use your own property and your 
 own rights in such a way that you will not 
 hurt your neighbor, or prevent him from 
 enjoying his. Frequently written, "Sic uter& 
 tuo," etc. (q. V.) 
 
 ITEM (Lat.) Also; likewise; in like man- 
 ner; again; a second time. These are the 
 various meanings of this Latin adverb. 
 
 It is used to introduce a new paragraph, 
 or chapter, or division; also to denote a 
 particular in an account. It is used when 
 any article or clause is added to a former, 
 as if there were here a new beginning. Du 
 Cange. Hence the rule that a clause in a 
 will introduced by item shall not influence 
 or be influenced by what precedes or fol- 
 lows, if it be sensible, taken independently 
 (1 Salk. 239), or there is no plain intent 
 that it should be taken in connection, in 
 which cases it may be construed conjunc- 
 tively, in the sense of "and," or "also," in 
 such a manner as to connect sentences. If, 
 therefore, a testator bequeath a legacy to 
 Peter, payable out of a particular fund, or 
 charged upon a particular estate, item, a 
 legacy to James, James' legacy as well as 
 Peter's will be a charge upon the same 
 property. 1 Atk. 436; 3 Atk. 256; 1 Brown, 
 Ch. 482; 1 RoUe, Abr. 844; 1 Mod. 100; 
 Cro. Car. 368; Vaughan, 262; Rop. Leg. 
 349; 1 Salk. 234. 
 
 The word is commonly used and well 
 understood as a separate entry in an ac- 
 count or a schedule, or a separate particu- 
 lar in an enumeration of a total which is 
 separate and distinct from the other par- 
 ticulars or entries. 277 111. 131. 
 
 ITER. (Lat.) 
 
 In Civil Law. A way; a right of way 
 
 belonging as a servitude to an estate in the 
 country (praedium rusticwm) . The right of 
 way was of three kinds: (1) Iter, a right 
 to walk, or ride on horseback or in a litter; 
 (2) actus, a right to drive a beast or ve- 
 hicle; (3) via, a full right of way, compris- 
 ing right to walk or ride, or drive beast or 
 carriage. Heinec. Elem. Jur. Civ. § 408. 
 Or, as some think, they were distinguished 
 
ITER 
 
 555 
 
 ITINERATIO 
 
 ^7 ^^f ,width of the objects which could be 
 rightfully carried over the way; e. g., via, 
 eight feet; actus, four feet, etc. Mackeld. 
 Civ. Law, § 290; Bracton, 232; 4 Bell. H. L. 
 Sc. 390. ' 
 
 Iter est jus eundi, ambidandi hominis; non 
 etiam jumentum agendi vel vehiculum. Iter 
 is the right of going or walking, and does 
 not include the right of driving a beast of 
 burden or a carriage. Co. Litt. 56a; Inst. 
 
 2. 3. pr.; 1 Mackeld. Civ. Law, p. 343, 
 i 314. ' f , 
 
 In Old English Law. A journey, espe- 
 cially a circuit made by a justice in eyre, 
 or itinerant justice, to try causes according 
 to his own mission. Du Cange; Bracton, lib. 
 
 3, cc. 11, 12, 13; Britt. c. 2; Cowell. See 
 "Justices in Eyre." 
 
 ITERATIO. Again; a second time. 
 
 ITERUM (Lat.) In the civil law. A sec- 
 ond time. Dig. 2. 13. 7. 1. 
 
 ITINERA (Lat. pi. of iter). Eyres, or 
 circuits. 1 Reeve, Hist. Eng. Law, 52. 
 
 ITINERANT. Wandering; travelling; 
 who makes circuits. See "Justices in Eyre." 
 
 ITINERANTES (Law Lat.) Itinerant; 
 travelling; in eyre. A term applied to jus- 
 tices instituted by Hen. II. 
 
 ITINERATIO (Law Lat.) In old English 
 law. An eyre, or circuit; the same with iter. 
 Spelman. Si infra diem ilium incipiat itine- 
 ratio, if the eyre begins within that day. 
 Bracton, fol. 110. 
 
J. p. 
 
 556 
 
 JET 
 
 J. P. These letters are commonly used 
 and understood to indicate the oiRce of 
 justice of the peace. 12 III. 200; 5 111. 481. 
 
 J A (Law Fr.) Yet; never; nevertheless. 
 Kelham; Britt. c. 49, 93. 
 
 JACENS (Lat.) Lying; fallen; prostrate; 
 in abeyance. Bracton, fol. 84. 
 
 JACENS HAEREDITAS. An inheritance 
 which is in abeyance. 
 
 JACTITATION. Throwing out; a false 
 boasting. 
 
 JACTITATION OF MARRIAGE. In Eng- 
 lish ecclesiastical law. The boasting by an 
 individual that he or she has married an- 
 other, from which it may happen that they 
 will acquire the reputation of being mar- 
 ried to each other. 
 
 The ecclesiastical courts may in such 
 cases entertain a libel by the party in- 
 jured, and, on proof of the facts, enjoin 
 the vyrongdoer to perpetual silence, and, 
 as a punishment, make him pay the costs. 
 3 Bl. Comm. 93; 2 Hagg. Consist. 285, 423; 
 2 Chit. Prac. 459. 
 
 JACTITATION OF TITHES. The boast- 
 ing by a man that he is entitled to certain 
 tithes, to which he has legally no title. 
 
 JACTIVUS. One who is in default, or 
 loses by default. Spelman. 
 
 JACTURA (Lat. jaeeo, to throw). A jet- 
 tison. 
 
 JACTUS (Lat.) A throwing goods over- 
 board to lighten or save the vessel, in which 
 case the goods so sacrificed are a proper 
 subject for general average. Dig. 14. 2, de 
 lege Rhodia de jactu; 1 Pardessus, 104 et 
 seq.; Kuricke, Inst. Mar. Hanseat. tit. 8; 
 1 Pars. Mar. Law, 288, note. 
 
 JACTUS LAPILLI. In the civil law. The 
 throwing down of a stone (of a structure 
 being erected on land). One of the means 
 whereby the true ovroer might assert his 
 title, and interrupt the running of an ad- 
 verse possession. 
 
 JAIL. A term generally substituted in 
 modern usage for "gaol" (q. v.). 
 
 JAIL DELIVERY. See "Gaol Delivery." 
 
 JAIL LIBERTIES. See "Gaol Liberties." 
 
 JALO. (Law Lat.) In old English law. A 
 gallon. Fleta, lib. 2, c. 11. 
 
 JAMUNLINGI, or JAMUNDILINGI. Free- 
 men who delivered themselves and property 
 to the protection of a more powerful person, 
 in order to avoid military service and other 
 burdens. Spelman. Also a species of serfs 
 
 among the Germans. Du Cange. The same 
 as commendati. 
 
 JANITOR (Lat.) In old English law. A 
 doorkeeper. Fleta, lib. 2, c. 24. 
 
 JAVELOUR. In Scotch law. Jailer or 
 gaoler. 1 Pitc. Crim. Tr. pt. 1, p. 33. 
 
 JECT. (Law Fr.) In old practice. Cast; 
 thrown; overthrovra or defeated in law. 
 Litt. §§ 448, 680, 682, 684. A term derived 
 from the old practice in trial by battel, 
 and literally signifying throvsm to the 
 ground; unhorsed. 
 
 JEDBURGH JUSTICE. Lynch law. Ra- 
 palje^& L. 
 
 JEO DONE. (Law Ft.) I give; I do. 
 
 JEOFAILE (Law Fr.) I have failed; I am 
 in error. 
 
 Certain statutes are called statutes of 
 amendments and jeofailes, because, where 
 a pleader perceives any slip in the form of 
 his proceedings, and acknowledges the er- 
 ror (jeofaile), he is at liberty, by those 
 statutes, to amend it. The amendment, 
 however, is seldom made; but the benefit is 
 attained by the court's overlooking the ex- 
 ception. 3 Bl. Comm. 407; Steph. Plead- 
 ing, €. I. 93, note (i) ; 1 Saund. 228, note 
 1; Doct. Plac. 297; Dane, Abr. These stat- 
 utes do not apply to indictments. 
 
 JEOPARDY. Peril; danger. See Baldw. 
 (U. S.) 93. 
 
 The usual technical use of the term is in 
 connection with the rule of criminal law, 
 that no person shall be twice put in jeop- 
 ardy for the same offense. Const. U. S. art. 
 5, Amend. 
 
 A person is "in jeopardy," within this 
 rule, when a trial jury is impanelled and 
 sworn to try his case (83 Ind. 331; 18 N. 
 Y. 128; 105 Pa. St. 1) upon issue joined 
 (111 Ind. 47) by plea to a valid indict- 
 ment (105 Mass. 53; 5 Md. 82) in a court 
 of competent jurisdiction (7 Mich. 162; 48 
 N. J. Law, 371), and the jury has been 
 charged with his deliverance (23 Pa. St. 
 12; 2 Kelly [Ga.] 60). Where the prac- 
 tice of charging the jury with the deliver- 
 ance of the prisoner at the outset does not 
 obtain, jeopardy attaches wh^n the jury is 
 sworn. / 
 
 There are some holdings that jeopardy 
 does not attach till after verdict. 5 Litt. 
 (Ky.) 137; 1 Walk. (Miss.) 134. 
 
 JERGUER. In English law. An oflScer ol 
 the custom house, who oversees the> wait- 
 ers. Tech. Diet. 
 
 JET (Fr.) In French law. Jettison. Ord. 
 Mar. liv. 3, tit. 8; Emerig. Tr. des Assur. 
 c. 12, § 40. 
 
JETSAM 
 
 557 
 
 JOINT AND SEVERAL BOND 
 
 JETSAM. Goods cast out from a ship by 
 way of jettison, and which sink, being thus 
 distinguished from flotsam, jettisoned goods 
 which float, and ligan, jettisoned goods, 
 bound to some buoyant substance. 1 Bl. 
 Coram. 292. 
 
 JETTISON. The throwing overboard of 
 part of the cargo, or any article on board 
 a ship, or the cutting and casting away of 
 masts, spars, rigging, sails, or other furni- 
 ture, for the purpose of lightening or re- 
 lieving the ship in case of necessity or 
 emergency. Gourlie, Gen. Av. 74. 
 
 In its largest sense, it signifies any 
 throwing overboard; but, in its ordinary 
 sense, it means throwing overboard for the 
 preservation of the ship and cargo, and 
 most jurists treat of it in this sense under 
 the head of general average. 3 B. & Aid. 
 400, Termes de la Ley, Jetsam. 
 
 JEUX DE BOURSE. In French law. A 
 kind of gambling or speculation, which con- 
 sists of sales and purchases which bind nei- 
 ther of the parties to deliver the things 
 which are the object of the sale, and which 
 are settled by paying the difference in the 
 value of the things sold between the day of 
 the sale and that appointed for delivery of 
 such things. 1 Pardessus, Dr. Com. note 
 162. 
 
 JOB. The whole of a thing which is to he 
 done. In this sense it is employed in the 
 Civil Code of Louisiana (article 2727) : 
 "To build by plot, or to work by the job," 
 says that article, "is to undertake a build- 
 ing for a certain stipulated price." See 
 Duranton, Cont. liv. 3, tit. 8, notes 248, 
 263; Poth. Cont. notes 392, 394. See "De- 
 viation." 
 
 JOBBER. In commercial law. One who 
 buys and sells articles for others. 
 
 One who buys from importers, and sells 
 to retailers. 4 Sandf. Ch. (N. Y.) 587. 
 
 One who sells to any one who comes to 
 him at a fraction above the market price, 
 and buys of any one at a fraction below 
 the market price. L. R. 7 P. C. 104. 
 
 JOCALIA (Lat.) Jewels. This term was 
 formerly more properly applied to those 
 ornaments which women, although married, 
 call their own. When these jocalia are not 
 suitable to her degree, they are assets for 
 the payment of debts. 1 RoUe, Abr. 911. 
 
 JOCLET. In old English law. A little 
 farm or manor. Cowell; Blount. 
 
 JOCUS (Lat.) In old English law. A game 
 of hazard. Reg. Orig. 290. 
 
 JOCUS PARTITUS. In old English prac- 
 tice. A divided game, risk, or hazard. An 
 arrangement which the parties to a suit 
 Were anciently sometimes allowed to make 
 by mutual agreement upon a certain hazard 
 (sub periculo) ; as that one should lose if 
 the case turned out in a certain way, and, 
 
 if it did not, that the other should gain 
 (quod unus amittat si ita sit, et si non sit, 
 quod alius lucretur). Bracton, fols. 211b, 
 379b, 432, 434, 200b. 
 
 This arrangement, however, was alto- 
 gether a voluntary and extrajudicial one. 
 
 JOHN DOE. A name given in legal pro- 
 ceedings to a party whose true name is un- 
 known. It was the name which was usually 
 given to the fictitious lessee of the plaintiff 
 in the mixed action of ejectment. He was 
 sometimes called "Goodtitle," or "Jackson." 
 So the Romans had their fictitious person- 
 ages in law proceedings, as Titius, Seius. 
 
 JOINDER. A joining or uniting together ; 
 persons or things together; as of sev- 
 eral persons as plaintiffs or defendants in 
 one suit, or of several causes of action, or 
 counts, in one declaration. 1 Chit. PI. 8, 41, 
 64, 84, 199. 
 
 JOINDER IN DEMURRER. The formal 
 answer made to a demurrer at common law. 
 
 I JOINDER IN ERROR. A joinder In error 
 is equivalent to a demurrer to the assign- 
 
 ' ments of error, and raises a question of law 
 
 I whether there are such errors in the rec- 
 ord as the assignments of error allege. 
 
 I Cass V. Duncan, 260 111. 228; Tobias v. 
 
 I Tobias, 193 111. App. 98. 
 
 I JOINDER OF ACTIONS. Joinder of two 
 I or more causes of action in the same com- 
 plaint or declaration. 
 
 JOINDER OF CAUSES OF ACTION. See 
 "Joinder of Actions." 
 
 JOINDER OF ISSUE. The acceptance by 
 one party of an issue of fact tendered by 
 the other. 
 
 JOINDER OF OFFENSES. The uniting of 
 I several distinct offenses in one indictment 
 I or information. 
 
 ! JOINDER OF PARTIES. The uniting of 
 I two or more persons as coparties, either 
 plaintiff or defendant. 
 
 ] JOINT ACTION. An action brought by 
 I two or more as plaintiffs, or against two or 
 ' more as defendants. 
 
 JOINT ADVENTURE. An enterprise un- 
 dertaken by several persons jointly to 
 carry out a single business enterprise for 
 profit. 206 Mich. 153. 
 
 JOINT AND SEVERAL BOND. A bond of 
 I two or more obligors, who bind themselves 
 I jointly and severally to the obligees, who 
 I can sue all the obligors jointly, or any one 
 of them separately, for the whole amoimt, 
 I but cannot bring a joint action against 
 part, that is, treat it as joint as to some, 
 and several as to others. Upon the pay- 
 ment of the whole by one of such obligors, 
 a right to contribution arises in his favor 
 against the other obligors. 
 
JOINT BOND 
 
 658 
 
 JOINT WILL 
 
 JOINT BOND. The bond of two or more 
 obligors, the action to enforce which must 
 be joint against them all. 
 
 JOINT CONTRACT. One in which the 
 contractors are jointly bound to perform the 
 promise or obligation therein -contained, or 
 entitled to receive the benefit of such prom- 
 ise or obligation. 
 
 JOINT CREDITORS. Persons jointly hold- 
 ing the same debt or demand. 
 
 JOINT DEBTORS. Persons united in a 
 joint liability or indebtedness. 
 
 JOINT EXECUTORS. Those who are 
 joined in the execution of a will. 
 
 JOINT FIAT. A flat in bankruptcy, issued 
 against two or more trading partners. 
 Wharton, 
 
 JOINT FINE. In old English law. "If a 
 whole vill is to be fined, a joint fine may be 
 laid, and it will be good for the necessity 
 of it; but, in other cases, fines for offenses 
 are to be severally imposed on each par- 
 ticular offender, and not jointly upon all of 
 them." Jacob. 
 
 JOINT HEIR. A coheir. 
 
 JOINT INDICTMENT. One indictment 
 brought against two or more offenders, 
 charging the defendants jointly. It may be 
 where there is a joint criminal act, without 
 any regard to any particular personal de- 
 fault or defect of either of the defendants. 
 Thus, there may be a joint indictment 
 against the joint keepers of a gaming 
 house. 1 Vent. 302; 2 Hawk. P. C. 240. 
 
 JOINT LIVES. This expression, which is 
 met with more frequently in English books, 
 applies when a right is granted to two or 
 more persons, to be enjoyed while both or 
 all of them shall live. Abbott. 
 
 JOINT-STOCK BANKS. In English law. 
 A species of quasi corporations, or compa- 
 nies regulated by deeds of settlement. 
 
 In some respects they stand in the same 
 situation as other unincorporated bodies; 
 but they differ from the' latter in this, that 
 they are invested by certain statutes with 
 powers and privileges usually incident to 
 corporations. These enactments provide for 
 the continuance of the partnership notwith- 
 standing a change of partners. The death, 
 bankruptcy, or the sale by a partner of his 
 share does not affect the identity of the 
 partnership. It continues the same body, 
 under the same name, by virtue of the act 
 of parliament, notwithstanding these 
 changes. 7 Geo. IV. c. 46, § 9. 
 
 JOINT-STOCK COMPANY. A partnership 
 having a capital stock divided into trans- 
 ferable shares. Shumaker, Partnership, 447. 
 
 JOINT-STOCK CORPORATION. A term 
 used sometimes instead of "stock corpora- 
 tion" to indicate those corporations (includ- 1 
 
 ing substantially all corporations for pe- 
 cuniary profit) which have a capital stock 
 divided into shares. 
 
 JOINT TENANTS. Two or more persons 
 who acquire together lands or tenements to 
 be held jointly between them in equal shares, 
 the interests of all uniting and forming one 
 ownership. 
 
 Joint tenants differ from tenants in com- 
 mon, in that the title of the former must 
 have been acquired at the same time, by the 
 same conveyance or act, while the latter 
 hold by several titles; and also in that the 
 shares of the former are equal, while those 
 of the latter need not be so. 
 
 JOINT TRESPASSERS. Two or more 
 who unite in committing a trespass. 
 
 JOINT TRUSTEES. Two or more per- 
 sons charged jointly with the execution of 
 a trust. 
 
 JOINT WILL. A joint will contained in 
 a single instrument is the will of each of 
 the makers, and at the death of one may be 
 probated as his will and be again probated 
 at the death of the other as the will of the 
 latter. Wills may be joint or mutual or 
 both joint and mutual. A joint will is one 
 where the same instrument is made the will 
 of two or more persons and is jointly 
 signed by them. It is not necessarily either 
 mutual or reciprocal. Mutual wills may be 
 defined as the separate wills of two per- 
 sons which are reciprocal in their provis- 
 ions. A will that is both joint and mutual 
 is one executed jointly by two or more per- 
 sons, the provisions of which are reciprocal, 
 and which shows on its face that the devises 
 are made one in consideration of the other. 
 These several classes of wills have some 
 characteristics that distinguish them one 
 from the other. A joint will which is not 
 reciprocal is simply the individual personal 
 will of each of the persons signing the 
 same and is subject to the same rules that 
 would apply if the will were several. Mut- 
 ual wills, — ^that is, where two persons exe- 
 cute wills reciprocal in their provisions but 
 separate instruments, — may or may not be 
 revocable at the pleasure of either party, 
 according to the circumstances and under- 
 standing upon which they were executed. 
 To deprive either party of the right to re- 
 voke such mutual will it is necessary to 
 prove, by clear and satisfactory evidence, 
 that such wills were executed in pursuance 
 of a contract or a compact between the 
 parties, and that each is the consideration 
 for the other; and even in cases where mut- 
 ual wills have been executed in pursuance 
 of a compact or agreement between the 
 parties, the law appears to be well settled 
 that either party may, during the lifetime 
 of both, withdraw from the compact and 
 revoke the will as to him. A joint and mut- 
 ual will is revocable during the joint lives 
 of either party, so far as relates to his own 
 disposition, upon giving notice to the other- 
 
JOINTRESS, or JOINTURESS 
 
 659 
 
 JUBERE 
 
 but it becomes irrevocable after the death 
 of one of them if the survivor takes ad- 
 vantage of the provision made by the other. 
 30 Am. & Eng. Ency. of Law (2d ed.), 621, 
 1 Redfield on Wills, 182, 183; Walpole v. 
 Orford, 3 Ves. Jr. 402; Schouler on Wills, 
 § 455 et seq. 
 
 When mutual or joint wills first came 
 up for consideration, the courts of Eng- 
 land, both common law and spiritual, pro- 
 nounced against them, and the same un- 
 favorable position was taken by some of 
 the earlier American cases, but the later 
 and better opinions in both countries now 
 sustain such wills where they have been 
 executed with the necessary formalities and 
 have not been revoked by some later instru- 
 ment. Schouler on Wills, 456. In a leading 
 case in England on this subject (1 Dick. 
 419) it was held that a joint and mutual 
 will might be revoked by both jointly or 
 that it might be revoked separately, pro- 
 vided the party intending it had given no- 
 tice to the other of such revocation, but 
 that neither of them could, during their 
 joint lives, revoke it secretly, nor could it 
 be done by the survivor after the death of 
 the other; that such wills constituted a 
 mutual contract between the parties which 
 could not be rescinded by the survivor after 
 the death of one, on the theory that the 
 first that dies carries his part of the con- 
 tract into execution. In such a case the 
 courts will not permit the other party to 
 afterwards break the contract. The doc- 
 trine of this case has been approved in a 
 number of well considered cases in this 
 country. 86 Wis. 364; 155 N. Y. 55; 72 
 Mich. 76; 198 Mo. 289; 243 111, 84, 85. 
 
 JOINTRESS, or JOINTURESS. A womas 
 who has an estate settled on her by her 
 husband, to hold during her life, if she sur- 
 vive him. Co. Litt. 46. 
 
 JOINTURE. A Joint estate limited to both 
 husband and wife. A competent livelihood 
 of freehold for the wife, of lands and tene- 
 ments, to take effect, in profit or possession, 
 presently after the death of the husband, 
 for the life of the wife at least. 
 
 Jointures are regulated by the statute of 
 27 Hen. VIII. c. 10, commonly called the 
 "Statute of Uses." 
 
 To make a good jointure, the following 
 circumstances must concur, namely: It 
 must take effect, in possession or profit, im- 
 mediately from the death of the husband. 
 It must be for the wife's life, or for some 
 greater estate. It must be limited to the 
 wife herself, and not to any other person 
 in trust for her. It must be made in satis- 
 faction for the wife's whole dower, and not 
 of part of it only. The estate limited to the 
 wife must be expressed or averred to be in 
 satisfaction of her whole dower. It must 
 be made before marriage. A jointure at- 
 tended with all these circumstances is bind- 
 ing on the widow, and is a complete bar to 
 the claim of dower, or, rather, it prevents 
 
 its ever arising. But there are other modes 
 of limiting an estate to a wife, which. Lord 
 Coke says, are good jointures within the 
 statute, provided the wife accepts of them 
 after the death of the husband. She may, 
 however, reject them, and claim her dower. 
 Cruise, Dig. tit. 7; 2 Bl. Comm. 137. In its 
 more enlarged sense, a jointure signifies a 
 joint estate limited to both husband and 
 wife, 2 Bl. Comm. 137. See 14 Viner, Abr, 
 540; Bac. Abr.; 2 Bouv. Inst., note 1761 et 
 seq.; Washb. Real Prop. 
 
 JORNALE (Law Lat.) In old European 
 law. As much ground as might be ploughed 
 in one day. Spelman, 
 
 JOUR. A French word, signifying day. It 
 is used in our old law books; as, tout jours, 
 forever. It is also frequently employed in 
 the composition of words; as, journal, a 
 day book; journeyman, a man who works 
 by the day; journeys account. 
 
 JOUR EN BANC. In old practice. A day 
 in bane. Distinguished from "jour en pays," 
 a day in the country, otherwise called "jour 
 en nisi prius." Y. B, H, 11 Hen. VI. 1. 
 
 JOURNAL. 
 
 In Maritime Law. The book kept on 
 
 board of a ship or other vessel, which con- 
 tains an account of the ship's course, with 
 a short history of every occurrence during 
 the voyage. Another name for log book. 
 Chit. Law Lat. 199. 
 
 In Comimercial Law. A book used 
 
 among merchants, in which the contents of 
 the waste book or day book are separated 
 every month, and entered on the debtor and 
 creditor side, for more convenient posting 
 in the ledger. 
 
 In Legislation. An account of the pro- 
 ceedings of a leg^islative body. 
 
 JOURNEY. The term originally signified 
 a day's travel (see "Jour"), but now means 
 travel, without regard to duration. 
 
 JOURNEYS ACCOUNT. In English prac- 
 tice. A new writ which the plaintiff was 
 permitted to sue out within a reasonable 
 time after the abatement, without his fault, 
 of the first writ. This time was computed 
 with reference to the number of days which 
 the plaintiff must spend in journeying to 
 reach the court; hence the name of "jour- 
 neys account," — that is, journeys accomptes 
 or counted. This writ was quasi a continu- 
 ance of the first writ, and so related back to 
 it as to oust the defendant or tenant of his 
 voucher, plea of nontenure, joint tenancy 
 fully administered, or any other plea aris- 
 ing upon matter happening after date of 
 the first writ. Co. Litt. fol. 9b. 
 
 JUBERE (Lat.) In civil law. To order, 
 direct, or command. Calv. Lex. The word 
 jubeo, I order, in a will, was called a "word 
 of direction," as distinguished from "preca- 
 tory words." Code, 6. 43. 2. 
 
 To assure or promise. Calv. Lex. 
 
 To decree or pass a law, Adam, Rom. Ant, 
 
JUBILACION 
 
 560 
 
 JUDEX NON POTEST 
 
 JUBILACION. In Spanish law. The right 
 of a public officer to retire from office, re- 
 taining his title and his salary, either in 
 whole or in part, after he has attained the 
 age of fifty years, and been in public serv- 
 ice at least twenty years, whenever his in- 
 firmities prevent him from discharging the 
 duties of his office. 
 
 JUDAEUS. A Jew. 
 
 JUDAISMUS (Lat.) The religion and rites 
 of the Jews. Du Cange. A quarter set apart 
 for residence of Jews. Du Cange. A usuri- 
 ous rate of interest. 1 Mon. Angl. 839; 2 
 . Mon. Angl. 10, 665. Sex marcus sterlingo- 
 rum ad acquietandam terram praedictum, de 
 Judaismo, inquo fuit impignorata. Du 
 Cange. An income anciently 'accruing to the 
 king from the Jews. Blount. 
 
 JUDEX (Lat.) 
 
 In Roman Law. One who, either in 
 
 own right, or by appointment of the magis- 
 trate for the special case, judged causes. 
 
 Thus, the praetor was formerly called ju- 
 dex. But, generally, praetors and magis- 
 trates who judge of their own right are dis- 
 tinguished from jvdices, who are private 
 persons, appointed by the praetor, on ap- 
 plication of the plaintiff, to try the cause, 
 as soon as issue is joined, and furnished 
 by him with instructions as to the legal 
 principles involved. They were variously 
 called jvdices delegati, or pedanei, or 
 speciales. They resemble in many respects 
 jurors. Thus, both are private persons, 
 brought in at a certain stage of the pro- 
 ceedings, viz., issue joined, to try the cause, 
 under instructions from the judge as to the 
 law of the case. But civilians are not clear 
 whether the judices had to decide the fact 
 alone, or the law and fact. The judex re- 
 sembles in many respects the arbitrator, or 
 arbiter, the chief differences being, 'first, 
 that the latter is appointed in cases of 
 trust and confidence, the former in cases 
 where the relations of the parties are gov- 
 erned by strict law (in practionibus stric- 
 tis) ; second, the latter has the whole con- 
 trol of case, and decides according to equity 
 and good conscience, the former by strict 
 formulae; third, that the latter may be a 
 magistrate, the former must be a private 
 person; fourth, that the award of the ar- 
 biter derives its force from the agreement 
 of submission, while the decree of the judex 
 has its sanction in the command of the 
 praetor to try the cause. Calv. Lex.; 1 
 Spence, Eq. Jur. 210, note; Kaufm. Mack- 
 eld. Civ. Law, § 193, note. 
 
 There was generally one judex, sometimes 
 three, — ^in which case the decision of two, 
 in the absence of the third, had no effect. 
 Calv. Lex. Down to the time of handing 
 over the cause to the judex, that is, till Is- 
 sue joined, the proceedings were before the 
 praetor, and were said to be in jure; after 
 that, before the judex, and were said to be 
 in judicio. In all this we see the germ of 
 
 the Anglo-Saxon system of judicature. 1 
 Spence, Eq. Jur. 67. 
 
 In Civil Law. A judge who conducts 
 
 the trial from beginning to end; magistra- 
 tus. The practice of calling in judices was 
 disused before Justinian's time; therefore, 
 in the Code, Institutes, and Novels, judex 
 means judge in its modern sense. Heinec. 
 Elem. Jur. Civ. § 1327. 
 
 In Oid English Law. A juror. Spel- 
 
 man. A judge, in modern sense, especially 
 — as opposed to justiciarius, i. e., a common- 
 law judge, — ^to denote an ecclesiastical 
 judge. Bracton, fols. 401, 402. 
 
 JUDEX A QUO. The judge from whom an 
 appeal is taken. See "A Quo." 
 
 JUDEX AD QUEM. A judge to whom an 
 appeal is taken. See "A Quo." 
 
 JUDEX AEQUITATEIVI SEIVIPER SPEC- 
 tare debet. A judge ought always to regard 
 equity. Jenk. Cent. Cas. 45. 
 
 JUDEX ANTE OCULOS AEQUITATEM 
 semper habere debet. A judge ought always 
 to have equity before his eyes. Jenk. Cent. 
 Cas. 58. 
 
 JUDEX BONUS NIHIL EX ARBITRIO 
 suo faciat, nee propositione domesticae vol- 
 untatis, sed Juxta leges et jura pronunciet. 
 A good judge should do nothing from his 
 own arbitrary will, or from the dictates of 
 his private wishes ; but he should pronounce 
 according to law and justice. 7 Coke, 27a. 
 
 JUDEX DAMNATUR CUIVI NOCENS AB- 
 solvitur. The judge is condemned when the 
 guilty are acquitted. 
 
 JUDEX DAT US. In Roman law. A judge 
 given, that is, assigned or appointed, by the 
 praetor to try a cause. 
 
 JUDEX DEBET JUDICARE SECUNDUIVI 
 allegata et probata. The judge ought to de- 
 cide according to the allegations and the 
 proofs. 
 
 JUDEX DELEGATUS (Lat.) In civil law. 
 A delegated judge; a special judge. 
 
 JUDEX EST LEX LOQUENS. The judge 
 is the speaking law. 7 Coke, 4a. 
 
 JUDEX FISCALIS. In old European law. 
 A fiscal judge; a judge having cognizance of 
 matters pertaining to the fiscus, or public 
 treasury. 
 
 JUDEX HABERE DEBET DUOS SALES, 
 — salem sapientiae, ne sit insipidus, et 
 salem oonscientiae, ne sit diabolus. A judge 
 should have two salts, — the salt of wisdom, 
 lest he be Insipid; and the salt of con- 
 science, lest he be devilish. 8 Inst. 147. 
 
 JUDEX NON POTEST ESSE TESTIS IN 
 ipropria causa. A judge cannot be a witness 
 in his own cause. 4 Inst. 279. 
 
JUDEX NON POTEST 
 
 561 
 
 JUDGMENT 
 
 JUDEX NON POTEST INJURIAM SIBI 
 datam punire. A judge cannot punish a 
 wrong done to himself. 12 Coke, 114. 
 
 JUDEX NON REDDIT PLUS QUAM 
 quod petens ipse requirit. The judge does 
 not give more than the plaintiff demands. 2 
 Inst. 286, oaae 84 
 
 JUDEX ORDINARIUS (Lat.) In oivil law. 
 A Judge who had jurisdiction by his own 
 right, not by another's appointment. Calv. 
 Lex.; Vicat. Bl^ckstone says that juiices 
 ordina/rii decided only questions of fact, 
 while questions of law were referred to the 
 centumviri; but this would seem to be rath- 
 er the definition of judicea selecti; and not 
 all questions of law were referred to the 
 centumviri, but particular actions, e. g., 
 querela inofflcioai testamenti. See 2 Shars- 
 wood, Bl. Comm. 315; Vicat, "Centumviri." 
 
 JUDEX PEDANEUS. In Roman law. A 
 name given to the judge appointed by the 
 praetor to try a cause from the law seat 
 which he occupied at the foot of the tribunal 
 or praetor's bench. 
 
 JUDGE. A public officer lawfully appoint- 
 ed to decide litigated questions according to 
 law. 
 
 An ofiicer so named in his commission, 
 and who presides in some court. 
 
 In its most extensive sense, the term in- 
 cludes all officers appointed to decide liti- 
 gated questions while acting in that capac- 
 ity, including justices of the peace, and 
 even jurors, it is said, who are judges of 
 the facts. 4 Dall. (Pa.) 229; 3 Yeates (Pa.) 
 300. In ordinary legal use, however, the 
 term is limited to the sense of the second 
 of the definitions here given (15 111. 388), 
 unless it may be that the case of a justice 
 or commissioner acting judicially is to_ be 
 considered an extension of this meaning. 
 See 3 Cush. (Mass.) 584. 
 
 JUDGE ADVOCATE. An officer of a court 
 martial who is to discharge some duties at 
 the trial of offenders. His duties are to 
 prosecute in the name of the United States; 
 hut he shall so far consider himself as coun- 
 sel for the prisoner, after the prisoner shall 
 have made his plea, as to object to leading 
 questions to any of the witnesses, or any 
 question to the prisoner the answer to which 
 might tend to criminate himself. He is, 
 further, to swear the members of the court 
 before they proceed upon any trial. Rules 
 & Articles of War, art. 69; 2 Story, U. S. 
 Laws, 1001; Holt, Dig. passim. 
 
 JUDGE ORDINARY. By St. 20 & 21 Vict, 
 c. 85, § 9, the Judge of the court of probate 
 was made judge of the court for divorce and 
 matrimonial causes created by that act, un- 
 der the name of the "judge ordinary." 
 
 JUDGE'S CERTIFICATE. In English prac- 
 tice. Th^ written statement of the judge 
 who tried the cause, that one of the parties 
 is entitled to costs in the action. It is very 
 
 Important in some cases that these certifi- 
 cates should be obtained at the trial. See 
 Tidd, Prac. 879; 3 Chit. Prac. 458, 486; 3 
 Camp. 316; 5 Barn. & Aid. 796. A state- 
 ment of the opinion of the court, signed by 
 the judges, upon a question of law submitted 
 to them by the chancellor for their decision. 
 See 8 Sharswood, Bl. Comm. 453. See "Case 
 Stated." 
 
 JUDGE'S NOTES. Short statements, not- 
 ed by a judge on the trial of a cause, of what 
 transpires in the course of such trial. 
 
 JUDGMENT. In practice. The conclusion 
 of law upon facts found, or admitted by the 
 parties, or upon their default in the course 
 of the suit. Tidd, Prac. 930. 
 
 The decision or sentence of the law, given 
 by a court of justice or other competent tri- 
 bunal, as the result of proceedings insti- 
 tuted therein for the redress of an injury. 
 
 A final decision entered in a book of Judg- 
 ments under the signature of the Judge (3 
 Green [N. J.] 383), or, as is the practice 
 in many Jurisdictions, under the signature 
 of the clerk. 
 
 A final or definitive sentence or decision, 
 by which a cause is determined, though not 
 capable of being enrolled, so as to constitute 
 what is technically called a "record," is a 
 Judgment. 10 Wend. (N. Y.) 44. 
 
 Judgments are either in rem, or in per- 
 sonam. See "In Rem"; "In Personam." 
 
 They are either final, or interlocutory. 
 See "Final Judgment" ; "Interlocutory Judg- 
 ment." 
 
 Accordingly, as they are rendered for var- 
 ious causes, and at various stages of ■ the 
 proceedings without trial, or on a partial 
 trial of the issues, Judgments are: 
 
 (1) Judgment by default. A judgment 
 rendered in consequence of the nonappear- 
 ance of the defendant. 
 
 (2) Judgment by nil dieit. One rendered 
 against a defendant for want of a plea. 
 
 (3) Judgment by confession. A judg- 
 ment entered for the plaintiff in case the de- 
 fendant, instead of entering a plea, con- 
 fesses the action, or, at any time before 
 trial, confesses the action and withdraws 
 his plea. 
 
 (4) Judgment of retraxit. One given 
 against the plaintiff, where, after appear- 
 ance, he withdraws his suit. It differs from 
 nonsuit in being a voluntary renunciation 
 of the claim, and will bar a subsequent ac- 
 tion. 3 Bl. Comm. 396. 
 
 (5) Judgment of nonsuit. A judgment 
 rendered against a plaintiff when he, on trial 
 by jury, fails to be present. See "Nonsuit." 
 
 (6) Judgment of nolle prosequi. A judg- 
 ment entered against the plaintiff where, 
 after appearance, he refuses to further pros- 
 ecute his suit. 
 
 (7) Judgment by non sum informatus. 
 One which is rendered when defendant's at- 
 torney, instead of entering a plea, says that 
 he is not informed of any answer to be 
 given to the action. 
 
JUDGMENT CREDITOR 
 
 662 
 
 JUDICATORES TERRARUM 
 
 (8) Judgment of non prosequitur. One 
 given against a plaintiff for neglect to take 
 any of the steps which it is incumbent upon 
 him to take in due time. 
 
 Among the different judgments rendered 
 in particular actions, or on particular pleas, 
 are: 
 
 (9) Judgment quod recuperet. A judg- 
 ment in favor of the plaintiff that he do 
 recover, which is rendered when plaintiff 
 has prevailed upon an issue in fact or an 
 issue in law other than one arising on a 
 dilatory pleading. 
 
 (10) Judgment quod partitio fiat. The in- 
 terlocutory judgment in a writ of partition, 
 that partition be made. 
 
 (11) Judgment partitw facto, fi/rma et sta- 
 blis in perpetuum. The final judgment in 
 partition. 
 
 (12) Judgment quod computet. A judg- 
 ment in an action of account render that the 
 defendant account. 
 
 (13) Judgment pro retorno habendo. A 
 judgment in an action for the possession of 
 goods, that plaintiff have a return thereof. 
 
 (14) Judgment of nil capiat per breve, 
 or per billam. A judgment in favor of a de- 
 fendant upon an issue raised upon a decla- 
 ration or peremptory plea. 
 
 (,15) Judgment of cassetur breve (that the 
 writ be quashed) . A judgment rendered in 
 favor of a party pleading in abatement to a 
 writ. 
 
 (16) Judgment of error. A judgment ren- 
 dered by an appellate court on a record 
 sent up from an inferior court. 
 
 (17) Judgment of respondeat ouster. One 
 rendered against a defendant that he do 
 answer over after he has failed to establish 
 a dilatory plea. 
 
 (18) Judgment quod pa/rtes replacitant. 
 A judgment for repleader. 
 
 (19) Judgment nul tiel record. One ren- 
 dered upon a plea denying the existence of 
 a record. 
 
 (20) Judgment capiatur. One formerly 
 rendered against a defendant in a civil ac- 
 tion for a wrong vi et armis, rendering him 
 liable to arrest and imprisonment until a 
 fine was paid to the king for the breach of 
 the peace. 
 
 (21) Judgment non obstante veredicto. 
 A judgment rendered without regard to a 
 verdict rendered in the action. See "Non 
 Obstante Veredicto." 
 
 JUDGMENT CREDITOR. One who is en- 
 titled to enforce a judgment by execution 
 {q. v.). The owner of an unsatisfied judg- 
 ment. 
 
 JUDGMENT DEBTOR. One against whom 
 a judgment stands unsatisfied. 
 
 JUDGMENT DEBTOR SUMMONS. Un- 
 der the English bankruptcy act of 1861 
 (sections 76-85), these summonses might 
 be issued against both traders and non- 
 traders', and, in default of payment of, or 
 security or agreed composition for, the debt, 
 the debtors might be adjudicated bankrupt. 
 
 This act was repealed by 32 & 33 Vict. c. 
 83, § 20. 32 & 33 Vict. c. 71, however (bank- 
 ruptcy act 1869), provides (section 7) for 
 the granting of a "debtor's summons," at 
 the instance of creditors, and, in the event 
 of failure to pay or compound, a petition for 
 adjudication may be presented, unless in 
 the events provided for by that section. Ra- 
 palje & L. 
 
 JUDGMENT DEBTS. Debts, whether on 
 simple contract or by specialty, for the re- 
 covery of which judgment has been entered 
 up, either upon a cognovit, or upon a war- 
 rant of attorney, or as the result of a suc- 
 cessful action. 
 
 JUDGMENT NISI. A judgment entered 
 on the return of the nisi priua record with 
 the postea indorsed, which will become ab- 
 solute according to the terms of the "pos- 
 tea" unless the court out of which the nisi 
 prius record proceeded shall, within the first 
 four days of the following term, otherwise 
 order. 
 
 Under the compulsory arbitration law of 
 Pennsylvania, on filing the award of the ar- 
 bitrators, judgment nisi is to be entered, 
 which judgment is to be valid as if it had 
 been rendered on a verdict of a jury, unless 
 an appeal is entered ydthin the time re- 
 quired by law. 
 
 JUDGMENT NOTE. A promissory note 
 given in the usual form, and containing, in 
 addition, a power of attorney to appear and 
 confess judgment for the sum therein 
 named. 
 
 JUDGMENT PAPER. In English practice. 
 An incipitur of the pleadings, written on 
 plain paper, upon which the master will 
 sign judgment. 1 Archb. Prac. 229, 306, 
 343. 
 
 JUDGMENT RECORD. 
 
 In English Practice. A parchment 
 
 roll, on which are transcribed the whole 
 proceedings in the cause, deposited and filed 
 of record in the treasury of the court, after 
 signing of judgment. 3 Steph. Comm. 632. 
 
 In American Prectice. A record 
 
 signed, filed, and docketed by the clerk, all 
 of which is necessary to suing out execu- 
 tion. Graham, Prac. 341. 
 
 JUDGMENT ROLL. In English law. A 
 record made of the issue roll (q. v.), which, 
 after final judgment has been given in the 
 cause, assumes this name. Steph. PI. 133; 
 3 Chit. St. 514. 
 
 JUDICANDUM EST LEGIBUS NON EX- 
 
 emplis. We are to judge by the laws, not 
 by examples. 4 Coke, 33b; 4 Sharswood, Bl. 
 Comm. 405; 19 Johns. (N. Y.) 513. 
 
 JUDICATIO (Lat.) In civil law. Judging; 
 the pronouncing of sentence, after hearing a 
 cause. Halifax, Anal. bk. 3, c. 8, No. 7. 
 
 JUDICATORES TERRARUM. Persons in 
 the county palatine of Chester, who, on a 
 
JUDICATURE 
 
 563 
 
 JUDICIAL COMMITTEE 
 
 writ of error, were to consider of the judg- 
 ment given there, and reform it; otherwise 
 they forfeited £100 to the crown by cus- 
 tom. Jenk. Cent. Cas. 71. 
 
 JUDICATURE. The state of those em- 
 ployed in the administration of justice; and 
 in this sense it is nearly synonymous with 
 "judiciary." This term is also used to sig- 
 nify a tribunal; and sometimes it is em- 
 ployed to show the extent of jurisdiction; 
 as, the judicature is upon writs of error, etc. 
 Comyn, Dig. "Parliament" (L 1). And 
 see Comyn, Dig. "Courts" (A). 
 
 JUDICATURE ACTS. A series of acts of 
 parliament reforming and consolidating the 
 English courts, and simplifying the pro- 
 cedure therein. St. 36 & 37 Vict. c. 66, and 
 St. 38 & 39 Vict. c. 77, and amendments. 
 Also applied to similar acts adopted by the 
 various states. 
 
 JUDICES NON TENENTUR EXPRI- 
 mere causam sententiae suae. Judges are 
 not bound to explain the reason of their sen- 
 tence. Jenk. Cent. Cas, 75. 
 
 JUDICES ORDINARir (Lat.) In civil law. 
 Ordinary judices; the common judices ap- 
 pointed to try causes, and who, according to 
 Blackstone, determined only questions of 
 fact. 3 Bl. Comm. 316. 
 
 JUDICES PEDANEOS (Lat.) In Roman 
 law. Judges chosen by the parties. 
 
 Among the Romans, the praetors and oth- 
 er great magistrates did not themselves de- 
 cide the actions which arose between private 
 individuals. These were submitted to judges 
 chosen by the parties, and these judges were 
 called judices pedaneos. In choosing them, 
 the plaintiff had the right to nominate, and 
 the defendant to accept or reject those nom- 
 inated. Heinec. Ant. Rom. lib. 4, tit. b. 
 note 40; 7 Toullier, Dr. Civ. note 353. 
 
 JUDICES SELECT! (Lat.) In civil law. 
 Select or selected judices or judges; those 
 who were used in criminal causes, and be- 
 tween whom and modem jurors many points 
 of resemblance have been noticed. 3 BL 
 Comm. 366. 
 
 JUDICI OFFICIUM SUUM EXCEDENTI 
 per paretur. To a judge who exceeds his 
 office or jurisdiction no obedience is due. 
 Jenk. Cent. Cas. 139. 
 
 JUDICI SATIS POENA EST QUOD 
 deum habet ultorem. It is punishment 
 enough for a judge that he is responsible to 
 God. 1 Leon. 295. 
 
 JUDICI A (Lat.) In Roman law. Judicial 
 proceedings; trials. Judicia publica, crim- 
 inal trials. Dig. 48. 1. 
 
 JUDICIA IN CURIA REGIS NON ADNI- 
 hilentur, sed stent in robore sue quousque 
 per errorem aut attinctum adnullentur. 
 Judgments in the king's courts are not to 
 be annihilated, but to remain in force until 
 annulled by error or attaint. 2 Inst. 539. 
 
 JUDICIA IN DELIBERATIONIBUS CRE- 
 bro maturescunt. In accelerate processu 
 nunquam. Judgments frequently become 
 matured by deliberation, never by hurried 
 process. 3 Isst. 210. 
 
 JUDICIA POSTERIORA SUNT IN LEGE 
 fortlora. The latter decisions are stronger 
 in law. 8 Coke, 97. 
 
 JUDICIA SUNT TANQUAM JURIS DIC- 
 ta, et pro veritate accipiuntur. Judgments 
 are, as it were, the dicta or sayings of the 
 law, and are received as truth. 2 Inst. 537. 
 
 JUDICIAL. Belonging to the office of a 
 judge; as judicial authority. 
 
 Relating to or connected with the admin- 
 istration of justice; as a judicial officer. 
 
 Having the character of judgment or for- 
 mal legal procedure; as a judicial act. 
 
 Proceeding from a court of justice; as a 
 judicial writ, a judicial determination. 
 
 Constituting the basis of a judgment; as a 
 judicial opinion. 
 
 Whatever emanates from a judge as such, 
 or proceeds from a court of justice, is judi- 
 cial. A power which, when exercised by 
 officers not connected with the judiciary, 
 would be regarded as purely administrative, 
 becomes at once judicial when exercised by 
 a court of justice. 
 
 Where any power is conferred upon a 
 court of justice, to be exercised by it as a 
 court, in the manner and with the formali- 
 ties used in its ordinary proceedings, the 
 action of such court is to be regarded as 
 judicial, irrespective of the original nature 
 of the power. 22 N. Y. 67, 82, 84; 11 Abb. 
 Pr. (N. Y.) 301, 315. 
 
 JUDICIAL ACTION. An act performed 
 by a court, touching the rights of parties, or 
 property, brought before it by voluntary 
 appearance, or by the prior action of minis- 
 terial officers, in short, by ministerial acts. 
 17 Ind. 173. 
 
 JUDICIAL ACTS. Acts requiring the ex- 
 ercise of some judicial discretion, as distin- 
 guished from ministerial acts, which re- 
 quire none. Rapalje & L. 
 
 JUDICIAL ADMISSIONS. Admissions of 
 the party which appear of record as the ad- 
 missions of the party. 
 
 JUDICIAL COMMITTEE OF THE PRIVY 
 council. In English law. A tribunal, com- 
 posed of members of the privy council, 
 which exercises the entire appellate juris- 
 diction of the sovereign in council, and also 
 advises him upon any matters which he 
 may refer to it. 
 
 Its jurisdiction extends to cases in civil, 
 ecclesiastical, and maritime law, in equity, 
 and to many of the colonial cases, including 
 cases arising under the Hindoo and Moham- 
 medan law. It consists of eminent lawyers, 
 chiefly of judicial station. When questions 
 arise which belong to any peculiar jurisdic- 
 tion, as the ecclesiastical or civil, the attend- 
 
JUDICIAL CONFESSIONS 
 
 664 
 
 JUDICIUM A NON SUO 
 
 ance and aid of judges in that branch are 
 required; and in case of questions under the 
 Hindoo or other peculiar systems of law, as- 
 sistance is, in like manner, derived from 
 those skilled in such proceedings. 
 
 Allegations and proofs are made before 
 this committee, which thereupon reports to 
 the sovereign in council, by whoni judgment 
 is finally rendered. Bl. Comm. (Warren, 
 Abr.) 220. 
 
 JUDICIAL CONFESSIONS. In criminal 
 law. Those voluntarily made before a mag- 
 istrate, or in a court, in the due course of 
 legal proceedings. A preliminary examina- 
 tion, taken in writing, by a magistrate law- 
 fully authorized, pursuant to a statute, or 
 the plea of guilty made in open court to an 
 indictment, are sufficient to found a convic- 
 tion upon them. 
 
 JUDICIAL CONVENTIONS. Agreements 
 entered into in consequence of an order of 
 court; as, for example, entering into a bond 
 on taking out a writ of sequestration. 6 
 Mart. (La.; N. S.) 494. 
 
 JUDICIAL DECISIONS. The opinions or 
 determinations of the judges in causes be- 
 fore them. Hale, Hist. Crim. Law, 68 ; Wil- 
 les, 666; 3 Barn. & Aid. 122; 1 H. Bl. 63; 
 5 Maule & S. 185. See "Dictum." 
 
 JUDICIAL DEPARTMENT. That depart- 
 ment of government which interprets, con- 
 strues and applies the laws. 270 111. 510. 
 
 JUDICIAL DISCRETION. See "Discre- 
 tion." 
 
 JUDICIAL DOCUMENTS. Proceedings re- 
 lating to litigation. They are divided into 
 (1) judgments, decrees, and verdicts; (2) 
 depositions, examinations, and inquisitions 
 taken in the course of a legal process; (3) 
 writs, warrants, pleadings, etc., which are 
 incident to any judicial proceedings. 
 
 JUDICIAL MORTGAGE. In Louisiana. 
 The lien resulting from judgments, whether 
 these be rendered on contested cases, or by 
 default, whether they be final or provisional, 
 in favor of the person obtaining them. Civ. 
 Code La. art. 3289. 
 
 JUDICIAL NOTICE. The cognizance tak- 
 »en by a court of matters of fact, without the 
 production of evidence thereof. The mat- 
 ters of fact of which judicial notice will be 
 taken are, in general, those of general noto- 
 riety, immemorial usage, or uniform na- 
 tional occurrence. 
 
 JUDICIAL POWER. The authority vested 
 in the judges or courts, as distinguished 
 from that vested in other departments of 
 government. That power by which judicial 
 tribunals construe the constitution, and laws 
 of the United States, or of the states, and 
 determine the rights of parties, and applica- 
 tion of the laws. 14 Abb. Pr. (N. S.; N. Y.) 
 165; 65 Barb. (N. Y.) 444; 270 111. 510, 511; 
 256 111. 621; 192 111. 612. 
 
 JUDICIAL PROCEEDINGS. A procfeeding 
 which takes place in or under the authority 
 of a court of justice, or which relates in any 
 way to the administration of justice, or 
 which legally ascertains any right or liabil- 
 ity. 197111.228. 
 
 JUDICIAL SALE. A sale, by authority of 
 some competent tribunal, by an officer au- 
 thorized by law for the purpose. In a strict 
 sense, an execution sale is not a judicial 
 sale (18 Vt. 394), but it is generally so re- 
 garded (66 Ind. 505). 
 
 JUDICIAL WRITS. In English practice. 
 The capias and all other writs subsequent to 
 the original writ not issuing out of chan- 
 cery, but from the court to which the origi- 
 nal was returnable. 
 
 Being grounded on what had passed in 
 that court in consequence of the sheriffs re- 
 turn, they are called "judicial" writs, in con- 
 tradistinction to the writs issued out of 
 chancery, which were called "original" 
 writs. 3 Bl. Comm. 282, 
 
 JUDICIARY. That which is done while ad- 
 ministering justice; the judges taken col- 
 lectively; as, the liberties of the people are 
 secured by a wise and independent judiciary. 
 See "Court"; 3 Story, Const, bk. 3, c. 38. 
 
 JUDICIARY ACT. The name ordinarily 
 given to Act Cong. Sept. 24, 1789, establish- 
 ing the system of federal courts. 
 
 JUDICIIS POSTERIORIBUS FIDES EST 
 adhlbenda. Faith or credit is to be given to 
 the later decisions. 13 Coke, 14, 
 
 JUOICIS EST IN PRONUNTIANOO 8E- 
 qui regiUlam, exceptione non probata. The 
 judge in his decision ought tp follow the 
 rule, when the exception is not proved. 
 
 JUDICIS EST JUDICARE SECUNDUM 
 allegata et probata. A judge ought to de- 
 cide according to the allegations and proofs. 
 Dyer, 12a; Halk. Max. 73. 
 
 JUDICIS EST JUS DICERE NON DARE. 
 It is the duty of a judge to declare the law, 
 not to enact it. Lofft, 42. 
 
 JUDICIS OFFICIUM EST OPUS DIEI IN 
 die SUO perflcere. It Is the duty of a judge 
 to finish the work of each day within that 
 day. Dyer, 12. 
 
 JUDICIS OFFICIUM EST UT RES ITA 
 tempora rerum quaerere, quaesito temiJore 
 tutus eris. It is the duty of a judge to in- 
 quire the times of things, as well as into 
 things; by inquiring into the time you will 
 be safe. Co. Litt. 171. 
 
 JUDICIUM. , A court; judicial power; a 
 judicial proceeding; sometimes applied in 
 this sense to an action generally, and some- 
 times to a determination therein, as a ver- 
 dict or judgment. 
 
 JUDICIUM A NON SUO JUDICE DATUM 
 nullius est momenti. A judgment given by 
 
JUDICIUM CAPITALE 
 
 565 
 
 JURA FISCALIA 
 
 an improper judge is of no moment. 10 
 Coke, 76b; 2 Q. B. 1014; 13 Q. B. 143; 14 
 Mees. & W. 124; 11 Clark & F. 610. 
 
 JUDICIUM CAPITALE. In old English 
 law. Judgment of death; capital judgment. 
 Fleta, lib. 1, c. 39, § 2. Called, also, "judi- 
 dum vitae amissionis," judgment of loss of 
 life. Id. lib. 2, c, 1, § 5. 
 
 JUDICIUM DEI (Lat. the judgment or de- 
 cision of God) . In old English law. A term 
 applied to trials by ordeal; for, in all trials 
 of this sort, God was thought to interfere 
 in favor of the innocent, and so decide the 
 cause. These trials are now all abolished. 
 
 JUDICIUM EST QUASI JURIS DICTUM. 
 Judgment is, as it were, a saying of the law. 
 Co. Litt 168. 
 
 JUDICIUM NON DEBET ESSE ILLUSO- 
 rlum; suum affectum habere debet. A judg- 
 ment ought not to be illusory; it ought to 
 have its proper effect. 2 Inst. 341. 
 
 JUDICIUM PARIUM. In old English law. 
 Judgment of the peers; judgment of one's 
 peers; trial by jury. Magna Charta, c. 29. 
 
 JUDICIUM REDDITUR IN INVITUM. 
 Judgment is given against one, whether he 
 will or not. Co. Litt. 248b. 
 
 JUDICIUM REDDITUR IN INVITUM, IN 
 
 praesumptione legis. In presumption of law, 
 a judgment is g^iven against inclination. 
 Co. Litt. 248b, 314b. 
 
 JUDICIUM SEMPER PRO VERITATE 
 acclpitur. A judgment is always taken for 
 truth. 2 Inst. 380; 17 Mass. 237. 
 
 JUGERUM (Lat.) An acre. Co. Litt. 5b. 
 As much as a yoke (jugum) of oxen could 
 plough in one day. 
 
 JUGES D'INSTRUCTION. In French law. 
 Officers subject to the procureur imperial or 
 general, who receive in cases of criminal 
 offenses the complaints of the parties in- 
 jured, and who summon and examine wit- 
 nesses upon oath, and, after communication 
 with the procureur imperial, draw up the 
 forms of accusation. They have also the 
 right, subject to the approval of the same 
 superior officer, to admit the accused to bail. 
 They are appointed for three years, but are 
 re-eligible for a further period of office. 
 They are usually chosen from among the 
 regular judges. Brown. 
 
 JUGULATOR. In old records. A cutthroat 
 or murderer. Cowell. 
 
 JUGUM (Lat.) In the civil law. A yoke; 
 a measure of land; as much land as a yoke 
 of oxen could plough in a day. Nov. 17, c 8. 
 Called, also, jugerum, jugalium and zygoee- 
 phalum. Id. See Brissonius. 
 
 JUGUM TERRAE (Law Lat.) In old Eng- 
 lish law. A yoke of land; half a plough 
 land. Domesday Book; Co. Litt. 5a; Cowell. 
 
 JUICIO. In Spanish law. A trial or suit. 
 White, New Recop. bk. 3, tit. 4, c 1. 
 
 JUICIO DE APEO. In Spanish law. The 
 decree of a competent tribunal directing the 
 determining and marking the boundaries of 
 lands or estates. 
 
 JUICIO DE CONCURSO DE ACREEDO- 
 
 ces. In Spanish law. The decree obtained 
 by a debtor against his creditors, or by the 
 creditors against their debtor, for the pay- 
 ment of the amounts due, according to the 
 respective rank of each creditor, when the 
 property of the debtor is insufficient to pay 
 the whole of his liabilities. 
 
 JUMENT. In old Scotch law. An ox used 
 for tillage. 1 Pitc. Crim. Tr. pt. 2, p. 89. 
 
 JUMENTA. In civil law. Beasts of bur- 
 den; animals used for carrying burdens. 
 This word did not include "oxen." Dig. 32. 
 65. 5. 
 
 JUMP. BAIL. A colloquial expression, 
 meaning to abscond in violation of the obli- 
 gation of a bail bond. 
 
 Things joined have 
 
 JUNCTA JUVANT. 
 
 eflfect. 11 East, 220. 
 
 JUNCTURA. (Lat.) In old English law. 
 A joining together; the imiting, putting to- 
 gether, or including of several covenants in 
 one stipulation or contract. Bract, fol. 100b. 
 A jointure; a joint estate. 4 Co. 2a. 
 
 JUNIOR. Younger; subsequent to in point 
 of time. Thus, junior creditor, one whose 
 claim accrued after that of another; junior 
 judgment, one entered after another against 
 the same person; junior writ, one issued 
 after another against the same person. 
 
 The term is no part of the name of a per- 
 son. It is a term used to designate and 
 describe the person, as the name of his resi- 
 dence is sometimes used for the same pur- 
 pose. 131 Mass. 184. 
 
 As applied to a manufactured article, it 
 indicates the later or more recent product, 
 or a smaller type or model of a machine 
 that has been on the market. 249 Fed. 52. 
 
 JURA (Lat. pi. of jus, q. v.) Rights; 
 laws. 1 Bl. Comm. 123. Freedoms or abili- 
 ties. Bac. Works, iii. 265. 
 
 JURA ECCLESIASTICA LI MIT ATA 
 sunt infra limites separates. Ecclesiastical 
 laws are limited within separate bounds. 3 
 Bulst 53. 
 
 JURA EODEM MODO DE8TITUUNTUR 
 
 quo con,stituuntur. Laws are abrogated or 
 repealed by the same means by which they 
 are made. Broom, Leg. Max. (3d London 
 Ed.) 785. 
 
 JURA FISCALIA (Lat.) In English law. 
 Fiscal rights; rights of the exchequer. 3 Bl. 
 Comm. 45. 
 
JURA IN RE 
 
 666 
 
 JURATA 
 
 JURA IN RE (Lat.) In civil law. Rights 
 in a thing, as opposed to rights to a thing 
 (jura ad rem) . Rights in a thing which are 
 not gone upon loss of possession, and which 
 give a right to an action in rem against who- 
 ever has the possession. These rights are 
 of four kinds: Dominium, hereditas, serv- 
 itus, pignus. Heinec. Elem. Jur. Civ. § 333. 
 See "Jus in Re." 
 
 JURA MIXTl DOMINII. In old English 
 law. Rights of mixed dominion. The king's 
 right or power of jurisdiction was so 
 termed. Hale, Anal. § 6. 
 
 JURA NATURAE SUNT IMMUTABILIA. 
 The laws of nature are unchangeable. 
 Branch, Princ; Oliver, Forms, 56. 
 
 JURA PERSONARUM (Lat.) In civil law. 
 Rights which belong to men in their differ- 
 ent characters or relations, as father, ap- 
 prentice, citizen, etc. 1 Sharswood, Bl. 
 Comm. 122, note. 
 
 JURA PRAEDIORUM. In civil law. The 
 rights of estates. Dig. 50. 16. 86. 
 
 JURA PUBLICA ANTEFERENDA PRI- 
 
 vatis. Public rights are to be preferred to 
 private. Co. Litt. 130. 
 
 JURA PUBLICA EX PRIVATO PROMIS- 
 cue decidi non debent. Public rights ought 
 not to be decided promiscuously with pri- 
 vate. Co. Litt. 181b. 
 
 JURA REGALIA (or REGIA) (Lat.) 
 Royal rights. 1 Sharswood, BI. Comm. 117, 
 119, 240; 3 Sharswood, Bl. Comm. 45. See 
 21 & 22 Vict. c. 45. 
 
 JURA REGIS SPECIALIA NON CONCE- 
 duntur per generalia verba. The special 
 rights of the king are not granted by gen- 
 eral words. Jenk. Cent. Cas. 103. 
 
 JURA RERUM. Rights of things; the 
 rights of things; rights which a man may 
 acquire over external objects or things un- 
 connected with his person. 1 Bl. Comm. 
 122; 2 Bl. Comm. 1. 
 
 JURA SANGUINIS NULLO JURE CIVILI 
 
 dirimi possunt. The right of blood and kin- 
 dred cannot be destroyed by any civil law. 
 Dig. 50. 17. 9; Bac. Max. reg. 11; Broom, 
 Leg. Max. (3d London Ed.) 474. 
 
 JURA SUMMI IMPERII. Rights of su- 
 preme dominion; rights of sovereignty. 1 
 Bl. Comm. 49; 1 Kent, Comm. 211. 
 
 JURAMENTAE CORPORALES (Lat.) 
 Corporal oaths. These oaths are so called 
 because the party making oath must touch 
 the Bible, or other thing, by which he 
 swears. 
 
 JURAMENTUM (Lat.) In civil law. An 
 oath. 
 
 JURAMENTUM CALUMNIAE (Lat. oath 
 of calumny). In civil and canon law. An 
 
 oath required of plaintiff and defendant, 
 whether the parties themselves insist on it 
 or not, that they are not influenced in seek- 
 ing their right by malice, but believe their 
 cause to be just. It was also re- 
 quired of the attorneys and procurators of 
 the parties. Called also, jusjurandum or 
 sacramentum calumniae. Calv. Lex.; Vicat; 
 Clerke, Prax. tit. 42. 
 
 JURAMENTUM EST INDIVISIBLE; ET 
 non est admittendum In parte verum et in 
 parte falsam. An oath is indivisible; it is 
 not to be held partly true and partly false. 
 4 Inst. 274. 
 
 JURAMENTUM JUDICIALE (Lat.) In 
 civil law. An oath which the judge, of his 
 own accord, defers to either of the parties. 
 
 It is of two kinds : First, that which the 
 judge defers for the decision of the cause, 
 and which is understood by the general 
 name juramentum judiciale, and is some- 
 times called suppletory oath, juramentum 
 suppletorium; second, that which the judge 
 defers in order to fix and determine the 
 amount of the condemnation which he ought 
 to pronounce, and which is called juramen- 
 tum in litem. Poth. Obi. p. 4, c. 3, § 3, art. 
 3. 
 
 JURAMENTUM NECESSARIUM. In Ro- 
 man law. A necessary (compulsory) oath. 
 A statement under oath which might be re- 
 quired of a party on his adversary agreeing 
 to be bound thereby. 
 
 JURAMENTUM VOLUNTARIUM. In Ro- 
 man law. A voluntary oath, which a party 
 might make on the offer of his adversary to 
 be bound thereby. He was not, however, 
 compelled to accept the offer, as in case of 
 the juramentum necessarium. 
 
 JURA RE. To swear; to take an oath. 
 
 JURARE EST DEUM IN TESTEM VO- 
 care, et est actus divinj cultus. To swear is 
 to call God to witness, and is an act of re- 
 ligion. 8 Inst. 165. See 3 Bouv. Inst. 3180, 
 note; 1 Benth. Jud. Ev. 376, 371, note. 
 
 JURAT. In practice. That part of an affi- 
 davit where the officer certifies that the 
 same was "sworn" before him, and when and 
 where. 
 
 JURATA (Lat.) In old English law. A 
 jury of twelve men sworn. Especially, a 
 jury of the common law, as distinguished 
 from the assiza, or jury established or re- 
 established by St. Hen. II. 
 
 The jurata, or common-law jury, was a 
 jury called in to try the cause, upon the 
 prayer of the parties themselves, in cases 
 where a jury was not given by St. Hen. II., 
 and, as the jury was not given under the 
 statute of Henry II., the writ of attaint pro- 
 vided in that statute would not be against 
 a jurata for false verdict. It was common 
 for the parties to a cause to request that the 
 cause might be decided by the assiza, sitting 
 
JURATION 
 
 567 
 
 JURIS UTRUM 
 
 as a jurata, in order to save trouble of sum- 
 moning a new jury, in which case "oadit as- 
 siza et vertitur in juratam," and the cause 
 is said to be decided non in modum assizae, 
 but in modum juratae. 1 Reeve, Hist. Eng. 
 Law, 335, 336; Glanv. lib. 13, c. 20; Brac- 
 ton, lib. 3, c. 30. But this distinction has 
 been long obsolete. 
 
 Juratae were divided into: First, jurata 
 dilatoria, which inquires out offenses against 
 the law, and presents the offenders' names, 
 together with their offenses, to the judge, 
 and which is of two kinds, — major and 
 minor, according to the extent of its juris- 
 diction; second, jurata judicaria, which 
 gives verdict as to the matter of fact in 
 issue, and is of two kinds, — civilis, in civil 
 causes, and criminalis, in criminal causes. 
 Du Cange. 
 
 A clause in nisi prius record called the 
 "jury clause," so named from the word 
 jurata, with which its Latin form begins. 
 
 A jurat. 
 
 JURATION. The act of swearing; the ad- 
 ministration of an oath. 
 
 JURATO CREDITUR IN JUDICIO. He 
 who makes oath is to be believed in judg- 
 ment. 3 Inst. 79. 
 
 JURATOR. A juror; a compurgator 
 
 (g. v.). 
 
 JURATORES DEBENT ESSE VICINI, 
 sufficientes et minus suspecti. .Turors ought 
 to be neighbors, of sufficient estate, and free 
 from suspicion. Jenk. Cent. Cas. 141. 
 
 JURATORES SUNT JUDICES FACTI. 
 Jurors are the judges of the facts. Jenk. 
 Cent. Cas. 68. 
 
 JURATORY CAUTION. A security some- 
 times taken in Scotch proceedings, when no 
 better can be had, viz., an inventory of ef- 
 fects given up upon oath, and assigned in 
 security of the sums which may be found 
 due. Bell, Diet. 
 
 JURATS (Law hat. jurati) . Sworn men; 
 officers of certain municipal corporations in 
 England, in the nature of aldermen or as- 
 sistants. Cowell; Blount. So called from 
 their official oaths. See Dugdale, Imbank- 
 ing, 18 et seq. 
 
 JURE (Lat.) By right; in right; by the 
 law; according to the law. 
 
 JURE BELLI. By the right or law of war. 
 1 Kent, Comm. 126; 1 C. Rob. Adm. 289. 
 
 JURE CIVILL By the civil law. Inst. 1. 
 3. 4; 1 Bl. Comm. 423. 
 
 JURE ECCLESIAE. In right of the church. 
 1 Bl. Comm. 401. 
 
 JURE EMPHYTEUTICO. By the right or 
 law of emphyteosis. 3 Bl. Comm. 232. See 
 "Emphyteosis." 
 
 JURE GENTIUM. By the law of nations. 
 Inst. 1. 3. 4; 1 Bl. Comm. 423. 
 
 JURE NATURAE AEQUUM EST, NEMI- 
 nem cum alterlus detrimento, et Injuria 
 flare locupletlorem. According to the laws 
 of nature, it is just that no one should be en- 
 riched with detriment and injury to another, 
 i. e., at another's expense. Dig. 50, 17. 200. 
 
 JURE PROPINQUITATIS (Lat.) By right 
 of relationship. Co. Litt. 10b. 
 
 JURE REPRESENTATIONIS (Lat.) By 
 right of representation. See "Per Stirpes." 
 2 Sharswood, Bl. Comm. 219, note 14, 224. 
 
 JURE UXORIS (Lat.) By right of a wife. 
 
 JURI NON EST CONSONUIW QUOD ALL 
 quis accessorius in curia regis convinca'tur 
 antequam aliquis de facto fuerit attinctus. 
 It is not consonant to justice that any ac- 
 cessory should be convicted in the king's 
 court before any one has been attainted of 
 the fact. 2 Inst. 183. 
 
 JURIDICAL (Lat. juridicus, q. v.) Re- 
 lating to the administration of justice. A 
 juridical day is one on which courts sit for 
 the administration of justice. 
 
 Belonging to the office of a judge. See 
 "Judicial." 
 
 JURIDICUS (Lat. from jus, law, and di- . 
 cere, to say, or pronounce). Belonging to 
 law; relating to the administration of jus- 
 tice in or by a court. Dies juridicus, a day 
 on which courts can lawfully sit; a juridical 
 day; a law or court day. 
 
 JURIS EFFECTUS IN EXECUTIONS 
 
 consistit. The effect of a law consists in the 
 execution. Co. Litt. 289b. 
 
 JURIS ET DE JURE (Lat. of right and 
 by law) . A presumption is said to be juris 
 et de jure when it is conclusive, i. e., when 
 no evidence will be admitted to rebut it, in 
 contradistinction to a presumption, which is 
 simply juris, i e., rebuttable by evidence. 1 
 Greenl. Ev. § 15, note; Wills, Circ. Ev. 29; 
 Best, Pres. p. 20, § 17; Best. Ev. p. 43, § 48. 
 
 JURIS ET SEISINAE CONJUNCTIO 
 (Lat.) The union of seisin, or possession, 
 and the right of possession, forming a com- 
 plete title. 2 Sharswood, Bl. Comm. 199, 
 311. 
 
 JURIS POSITIVI. Positive, as destin- 
 guished from natural, law. 
 
 JURIS PUBLICI (Lat.) Of common right; 
 of common or public use; such things as, at 
 least in their own use, are common to all 
 the king's subjects; as common highways, 
 common bridges, common rivers, and com- 
 mon ports. Hale, Anal. § 23. The phrase 
 publiei juris is also used. Hale de Jur. 
 Mar. par. 1, c. 3. 
 
 JURIS UTRUM (Law Lat.) In English 
 law. A writ which lay for the incumbent 
 of a benefice, to recover the lands or tene- 
 
JURISCONSULTUS 
 
 568 
 
 JURO 
 
 ments belonging to the church, which were 
 aliened by his predeceaaor. Termes de la 
 Ley; 48 Fitzh. Nat. Brev. 49. Sometimes 
 called "the parson's writ of right," being 
 the highest writ be could have. 3 Bl. Commi. 
 262. 
 
 JURI8CON8ULTU8 (Lat. skilled In the 
 law). In civil law. A peraon who has such 
 knowledge of the laws and customs which 
 prevail in a state as to be able to advise, 
 act, and to secure a person in his dealings. 
 
 The early jurisconsults gave their opin- 
 ions gratuitously, and were also employed in 
 drawing up written documents. From Au- 
 gustus to Adrian, only those allowed "by the 
 emperor could be jurisconsults. Before and 
 after those emperors, any could be juriscon- 
 sults who chose. If their opinion was unani- 
 mous, it had the force of law; if not, the 
 praetor could follow which opinion he chose. 
 Vicat. 
 
 There were two sects of jurisconsults at 
 Rome, — ^the Proculeians and Labinians. The 
 former were founded by Labeo, and were in 
 favor of innovation; the latter by Capito, 
 and held to the received doctrine. Cush. 
 Rom. Law, §§ 5, 6. 
 
 JURISDICTIO EST POTESTAS DE PUB- 
 lico introducta, cum necessitate juris dicen- 
 di. Jurisdiction is a power introduced for 
 the public good, on account of the necessity 
 of dispensing justice. 10 Coke, 73a. 
 
 JURiSDICTION (Lat. jms, law, dicere, to 
 say). The authority by which judicial oifi- 
 cers take cognizance of and decide causes; 
 power to hear and determine a cause. 3 
 Ohio, 494; 6 Pet. (U. S.) 591. And it has 
 been considered that it is essential to juris- 
 diction that the court should not only have 
 power to hear and determine the case gen- 
 erally, but that, in the course of the hear- 
 ing, and in the particular judgment ren- 
 dered, it keep within its power. 93 U. S. 
 282. 
 
 Jurisdictioti is either (1) general over all 
 matters within the judicial power of the 
 sovereignty creating it, or (2) limited to 
 certain specified subject matters or persons. 
 See "General Jurisdiction." 
 
 It is either (3) original , being that of the 
 tribunal in which an action is commenced 
 in the first instance, or (4) appellate, being 
 that of the tribunal to which the action is 
 removed by proceedings for review. 
 
 It is either (5) exclusive in some par- 
 ticular court, (6) concurrent in being pos- 
 sessed at the same time by two or more 
 separate tribunals, or (7) assistant, being 
 that possessed by a tribunal in aid of pro- 
 ceedings in another separate tribunal. 
 
 It is either (8) criminal, that which exists 
 for the punishment of crimes, or (9) civil, 
 over subject matters not of a criminal na- 
 ture. 
 
 JURISDICTION CLAUSE. In equity prac- 
 tice. That part of a bill which is intended 
 to give jurisdiction of the suit to the court, 
 
 by a general averment that the acta com- 
 plained of are contrary to ecpiity, and tend 
 to the injury of the plaintiff, and that he 
 has no remedy, or not a complete remedy, 
 without the assistance of a court of equity, 
 is called the "jurisdiction clause." llitf. 
 Eq. PI. (Jeremy Ed.) 43. 
 
 This clause is unnecessary; for if the 
 court appear from the bill to have Jnriadic- 
 tion, the bill will be sustained without this 
 clause; and if the court have not jurisdic- 
 tion, the bill will be dismissed, though the 
 clause may be inserted. Story, Eq. PI. § 34. 
 
 JURISDICTIONAL. Pertaining to; essen- 
 tial to or conferring jurisdiction. 
 
 JURISPERITUS (Lat. from jus, law 
 Ijuris, of law], and peritua, skilled). 
 Skilled or learned in the law. 
 
 JURISPRUDENCE. The science of the 
 law; the practical science of giving a wise 
 interpretation to the laws, and making a 
 just application of them to all cases as they 
 arise. 
 
 By science, in the first definition, ia under- 
 stood that connection of truths which is 
 founded on principles either evident in 
 themselves, or capable of demonstration, — a 
 collection of truths of the same kind, ar- 
 ranged in methodical order. In the latter 
 sense, it is the habit of judging the same 
 questions in the same manner, and by this 
 course of judgments forming precedents. 1 
 Ayliffe, Pand. 3; Toullier, Dr. Civ. tit. prel. 
 § 1, note 1, 12, 99; Merlin, Repert.; 19 Am. 
 Jur. 3. 
 
 JURISPRUDENTIA (Lat. from jus, law 
 [juris, of law] and prudentia, wisdom, 
 knowledge). In the civil and common law. 
 Jurisprudence, or legal science. 
 
 JURISPRUDENTIA EST DIVINARUM 
 atque humanarum rerum notltia; JustI atq(ie 
 Injusti sclentia. Jurisprudence is the knowl- 
 edge of things divine and human; the 
 science of the just and the unjust. Dig. 1. 
 1. 10. 2; Inst. 1. 1. 1; Bracton, 3; 8 Johns. 
 (N. Y.) 290, 295. 
 
 JURISPRUDENTIA LEGIS COMMUNIS 
 Angliae est sclentia eocialls et copiosa. The 
 jurisprudence of the common law of Eng- 
 land is a science sociable and copious. 7 
 Coke, 28a. 
 
 JURIST. One versed in the science of the 
 law; one skilled in the civil law; one skilled 
 in the law of nations. 
 
 JURISTIC ACT. One of legal eflcaoy. 
 
 JURO. In Spanish law. A certain pension 
 granted by the king on the public revenues, 
 and more especially on the salt works, by 
 favor, either in consideration of meritorious 
 services, or in return for money loaned the 
 government, or obtained by it through 
 forced loans. It is a portion of the yearly 
 revenue of the state, assigned as a rightful 
 
JUROR 
 
 569 
 
 JUS ACCRESCENDI 
 
 indemnity, either in perpetuity or as an an- 
 nuity. 
 
 JUROR (Lat. juro, to swear). A man who 
 is sworn or affirmed to serve on a jury. 
 
 JURY (Lat. jurata, sworn). In practice. 
 A body of men who are sworn to declare 
 the facts of a case as they are delivered 
 from the evidence placed before them. 
 
 It is applied loosely to a number of bodies, 
 as coroners' juries, etc. 
 
 As applied to petit juries, its most com- 
 mon use, the full number of twelve men is 
 essential to a common-law jury. 18 N. Y. 
 128. 
 
 The origin of this venerable institution of 
 the common law is lost in the obscurity of 
 the middle ages. Antiquarians trace it back 
 to an early period of English history; but, if 
 known to the Saxons, it must have existed 
 in a very crude form, and may have been 
 derived to them from the mode of adminis- 
 tering justice by the peers of litigant par- 
 ties, under the feudal institutions of France, 
 Germany, and the other northern nations of 
 Europe. The ancient ordeals of red-hot iron 
 and boiling water, practiced by the Anglo- 
 Saxons to test the iimocence of a party ac- 
 cused of crime, gradually gave way to the 
 wager of battle, in the days of the Normans; 
 while this latter mode of trial disappeared 
 in civil cases in the thirteenth century, 
 when Henry II. introduced into the assizes 
 a trial by jury. It is referred to in Magna, 
 Charta as an institution existing in England 
 at that time, and its subsequent history is 
 well known. See "Grand Assize"; 3 Bl. 
 Comm. 349; 1 Reeve, Hist. Eng. Law, 23, 
 84; Glanv. c, 9; Bracton, 155. 
 
 A jury de medietate linguae is one com- 
 posed half of aliens and half of denizens. 
 
 Such juries might formerly be claimed, 
 both in civil and criminal cases, where the 
 party claiming the privilege was an alien 
 born, by virtue of 28 Edw. III. c. 13. And 
 see 8 Hen. VI. c. 29; 3 Geo. IIL c. 25, by 
 which latter statute the right is thought to 
 be taken away in civil cases. See 3 Shars- 
 wood, Bl. Comm. 360; 4 Sharswood, Bl. 
 Comm. 352. A provision of a similar na- 
 ture, providing for a jury one-half of the 
 nationality of the party claiming the privi- 
 lege, where he is a foreigner, exists in some 
 of the states of the United States. 
 
 A grand jury is one organized for certain 
 preliminary purposes. See "Grand Jury." 
 
 A petit jury is a jury who try the question 
 in issue, and pass finally upon the truth of 
 the facts in dispute. The term "jury" is or- 
 dinarily applied to this body distinctively. 
 
 A common jury is one drawn in the usual 
 manner. 
 
 A special or strucik jury is one selected by 
 the assistanoe of the parties. 
 
 This is granted in some cases upon motion 
 and cause shown, under various local provi- 
 slons. See 33 Eng. Law & Eq. 406. The 
 method at common law was for the officer 
 to return the names of forty-eight principal 
 
 freeholders to the prothonotary or proper 
 officer. The attorneys of the respective par- 
 ties, being present, strike oflf each twelve 
 names, and from the remaining twenty-four 
 the jury is selected. A similar course _ is 
 pursued in those states where such juries 
 are allowed. See 3 Sharswood, Bl. Comm. 
 857. 
 
 JURY BOX. A place set apart for the 
 jury to sit in during the trial of a cause. 
 
 JURY LIST. A paper containing the 
 names of jurors impanelled to try a cause, 
 or it contains the names of all the jurors 
 summoned to attend court.' 
 
 JURY OF MATRONS. See "Jury Worn- 
 
 JURY PROCESS. In practice. The writs 
 for summoning a jury, viz., in England, 
 venire juratores facias, and distringae jura- 
 tores, or habeas corpora juratorum. These 
 writs are now abolished, and jurors are 
 summoned by precept. 1 Chit. Archb. Prac. 
 (by Prent.) 344; Com. Law Proc. Act 1852, 
 §§ 104, 105; 3 Chit. St. 519. 
 
 JURY WHEEL. A revolving box, from 
 which names are drawn by chance to form 
 the jury list (q. v.). 
 
 JURY WOMEN. A jury of women was 
 given in two cases, viz., on writ de ventre in- 
 spidendo, in which case the jury was made 
 up of men and women, but the search is 
 made by the latter (1 Madd. 11; 2 P. Wms. 
 591) ; and where pregnancy was pleaded by 
 condemned criminal in delay of execution, 
 in which case a jury of twelve discreet 
 women was formed, and on their returning 
 a verdict of enseinte, the execution was de- 
 layed till birth, and sometimes the punish- 
 ment commuted to perpetual exile. But if 
 the criminal be privement enseinte, and not 
 "quick," there is no respite. 2 Hale, P. C. 
 412. As to time of quickening, see 1 Beck, 
 Med. Jur. 229. 
 
 JURYMAN. A juror; one who is impan- 
 elled on a jury. Webster. 
 
 JUS. Right in general or in the abstract; 
 justice or equity. 
 
 Law in general ; law as distinguished from 
 equity. 
 
 A rule of law; a statute or regulation. 
 
 Power or authority. 
 
 An action; a court or judicial tribunal. 
 
 JUS ABUTENDI (Lat. the right to 
 abuse). By this phrase is understood the 
 right to abuse property, or having full do- 
 minion over property. 8 Toullier, Dr. Civ. 
 note 86. Used in contradistinction to the 
 jtcs utendi (q. v.). 
 
 JUS ACCRESCENDI (Lat.) The right of 
 survivorship. 
 
 At common law, whan one of several joint 
 tenants died, the entire tenancy or estate 
 went to the survivors, and so on to the last 
 
JUS ACCRESCENDI 
 
 570 
 
 JUS CIVILE 
 
 survivor, who took an estate of inheritance. 
 This right, except in estates held in trust, 
 has been abolished by statute in most of 
 the United States. 
 
 JUS ACCRESCENDI INTER MERCATO- 
 res locum non habet, pro beneficio commer- 
 cii. The right of survivorship does not exist 
 among merchants for the benefit of com- 
 merce. Co. Litt. 182; 1 Bouv. Inst, note 682. 
 
 JUS ACCRESCENDI PRAEFERTUR 
 oneribus. The right of survivorship is pre- 
 ferred to incumbrances. Co. Litt. 185. 
 
 JUS ACCRESCENDI PRAEFERTUR UL- 
 timae voluntati. The right of survivorship 
 is preferred to a last will. Co. Litt. 185b. 
 
 JUS AD REM (Lat.) A right which be- 
 longs to a person only mediately and rela- 
 tively, and has for its foundation an obli- 
 gation incurred by a particular person. 
 
 The jus in re, by the effect of its very na- 
 ture, is independent and absolute, and is ex- 
 ercised per se ipsum, by applying it to its 
 object; but the jus ad rem is the faculty of 
 demanding and obtaining the performance 
 of some obligation by which another is 
 bound to me ad aliquid dandum, vel facien- 
 dum, vel praestandum. Thus, if I have the 
 ownership of a horse, the usufruct of a flock 
 of sheep, the right of habitation of a house, 
 a right of way over your land, etc., my right 
 in the horse, in the flock of sheep, in the 
 house, or the land, belongs to me directly, 
 and without any intermediary; it belongs 
 to me absolutely, and independently of any 
 particular relation with another person ; I 
 am in direct and immediate relation with 
 the thing itself which forms the object of 
 my right, without reference to any other 
 relation. This constitutes a jus in re. If, 
 on the other hand, the horse is lent to me by 
 you, or if I have a claim against you for a 
 thousand dollars, my right to the horse or 
 to the sum of money exists only relatively, 
 and can only be exercised through you; my 
 relation to the object of the right is mediate, 
 and is the result of the immediate relation 
 of debtor and creditor existing between you 
 and me. This is a jus ad rem. Every jus 
 in re, or real right, may be vindicated by the 
 actio in rem against him who is in posses- 
 sion of the thing, or against any one who 
 contests the right. It has been said that the 
 words jus in re of the civil law convey the 
 same idea as "thing in possession" at com- 
 mon law. This is an error, arising from a 
 confusion of ideas as to the distinctive char- 
 acters of the two classes of rights. Nearly 
 all the common-law writers seem to take it 
 for granted that by the jus in re is under- 
 stood the title or property in a thing in the 
 possession of the owner; and that by the 
 jus ad rem is meant the title or property in 
 a thing not in the possession of the owner. 
 But it is obvious that possession is not one 
 of the elements constituting the jus in re, 
 although possession is generally, but not al- 
 ways, one of the incidents of this right, yet 
 
 the loss of possession does not exercise' the 
 slightest influence on the character of the 
 right itself, unless it should continue for a 
 suflBcient length of time to destroy the right 
 altogether by prescription. In many instan- 
 ces the jus in re is not accompanied by pos- 
 session at all; the usuary is not entitled to 
 the possession of the thing subject to his 
 use; still, he has a jus in re. So with re- 
 gard to the right of way, etc. See "Domini- 
 um." 
 
 A mortgage is considered by most writers 
 as a jus in re; but it is clear that it is a jus 
 ad rem. It is granted for the sole purpose 
 of securing the payment of a debt, or the 
 fulfillment of some other personal obliga- 
 tion. In other words, it is an accessory to 
 a principal obligation and corresponding 
 right. It can have no separate and inde- 
 pendent existence. The immovable on which 
 I have a mortgage is not the object of the 
 right, as in the case of the horse of which 
 I am the owner, or the house of which I 
 have the right of habitation, etc. The true 
 object of my right is the sum of money due 
 to me, the payment of which I may enforce 
 by obtaining a decree for the sale of the 
 property mortgaged. 2 Marcade, 350 et seq. 
 
 JUS AESNECIAE. The right of primogen- 
 iture. 
 
 JUS AUBINATUS. The droit d'aubaine 
 (q. v.). See "^.Ibinatus Jus." 
 
 JUS ANGLORUM. The laws and customs 
 of the West Saxons, in the time of the 
 Heptarchy, by which the people were for a 
 long time governed, and which were pre- 
 ferred before all others. Wharton. 
 
 JUS AQUAEDUCTUS (Lat.) In civil law. 
 The name of a servitude which gives to the 
 owner of land the right to bring down water 
 through or from the land of another, either 
 from its source, or from any other place. 
 
 JUS BANCI. In old English law. The 
 right of bench; the right or privilege of 
 having an elevated and separate seat of 
 judgment, anciently allowed only to the 
 king's judges, who hence were said to ad- 
 minister "high" justice, summam adminis- 
 trant justitiam. Blount. 
 
 JUS BELLI. The law of war; the law of 
 nations as applied to a state of war, defin- 
 ing in particular the rights and duties of the 
 belligerent powers themselves, and of neu- 
 tral nations. 
 
 The right of war; that which may be done 
 without injustice with regard to an enemy. 
 Grotius de Jure Belli, lib. 1, c. 1, i 3. 
 
 JUS BELLUM DICENDI. The right to de- 
 clare war. 
 
 JUS CANONICUM. The canon law. 
 
 JUS CIVILE (Lat.) In Roman law. The 
 private law, in contradistinction to the pub- 
 lic law, or jus gentium. 1 Savienv. Dr. 
 Rom. c. 1, I 1. 
 
JUS CIVILE EST QUOD 
 
 671 
 
 JUS GENTIUM 
 
 JUS CIVILE EST QUOD SIBI POPULUS 
 
 constituit. The civil law is what a people 
 establishes for itself. 1 Johns. (N. Y.) 
 424, 426. 
 
 JUS CIVITATIS (Lat.) In Roman law. 
 The collection of laws which are to be ob- 
 served among all the members of a nation. 
 It is opposed to jus gentium, which is the 
 law which regulates the affairs of nations 
 among themselves. 2 Lepage, c. 5, p. 1. 
 
 JUS CLOACAE. (Lat.) In civil law. The 
 name of a servitude which requires the 
 party who is subject to it to permit his 
 neighbor to conduct the waters which fall 
 on his grounds over those of the servient 
 estate. 
 
 JUS COMMUNE. 
 
 In Civil Law. Common right; the 
 
 common and natural rule of right, as op- 
 posed to jus singular e (q. v.). Mackeld. Civ. 
 Law, § 196. 
 
 In English Law. The common law, an- 
 swering to the Saxon "folcright." 1 Bl. 
 Comm. 67. 
 
 JUS CONSTITUI OPORTET IN HIS 
 quae ut plurlmum accidunt non quae ex in- 
 opinato. Laws ought to be made with a 
 view to those cases which happen most fre- 
 quently, and not to those which are of rare 
 or accidental occurrence. Dig. 1. 3. 3 ; Broom, 
 Leg. Max. 43. 
 
 JUS CORONAE. In English law. The 
 right of the crown, or, rather, to the crown ; 
 the right of succession to the throne. 1 Bl. 
 Comm. 191; 2 Steph. Comm. 434. 
 
 JUS CUDENDAE MONETAE. In old Eng- 
 lish law. The right of coining money. 2 
 How. St. Tr. 118. 
 
 JUS CURIALITATIS. In English law. The 
 right of curtesy. Spelman. 
 
 JUS DARE (Lat.) To give or to make the 
 law. Jus dare belongs to the legislature; 
 jus dicere, to the judge. 
 
 JUS DELIBERANDI (Lat.) The right of 
 deliberating given to the heir, in those coun- 
 tries where the heir may have "benefit of 
 inventory" (g. v.), in which to consider 
 whether he will accept or renounce the suc- 
 cession. 
 
 In Louisiana, he is allowed ten days be- 
 fore he is required to make his election. 
 Civ. Code La. art. 1028. 
 
 JUS DESCENDIT, ET NON TERRA. A 
 right descends, not the land. Co. Litt. 345. 
 
 JUS DICERE (Lat.) To declare the law. 
 It is the province of the court jus dicere, to 
 declare what the law is. 
 
 JUS DICERE, NON JUS DARE. To de- 
 clare the law, not to make it. 7 Term R. 
 696: Arg. 10 Johns. (N. Y.) 566; 7 Exch. 
 543; 2 Edw. Ch. (N. Y.) 29; 4 C. B. 560, 
 
 561; Broom, Leg. Max. (3d London Ed.) 
 140. 
 
 JUS DISPONENDI (Lat.) The right to 
 dispose of a thing. 
 
 JUS DIVIDENDI. The right of disposing 
 of realty by will. Du Cange. 
 
 JUS DUPLICATUM (Lat. double right). 
 When a man has the possession as well as 
 the property of anything, he is said to have 
 a double right, jus duplicatum. Bracton, 
 lib. 4, tr. 4, c. 4; 2 Bl. Comm. 199. 
 
 JUS EST ARS BONI ET AEQUI. Law is 
 the science of what is good and just. Dig. 
 1. 1. 1. 1. 
 
 JUS EST NORMA RECTI; ET QUIC- 
 quid est contra normam recti est Injuria. 
 The law Is the rule of right; and whatever 
 is contrary to the rule of right is an injury. 
 3 Bulst. 313. 
 
 JUS ET FRAUS NUNQUAM COHABI- 
 tant. Right and fraud never live together. 
 
 JUS EX INJURIA NON ORITUR. A right 
 cannot arise from a wrong. 4 Bin. 639. 
 
 JUS FALCANDI. (Lat.) In old English 
 law. The right of mowing or cutting. Fleta, 
 lib. 4, c. 27, § 1. 
 
 JUSFECIALE (Lat.) In Roman law. That 
 species of international law which had its 
 foundation in the religious belief of differ- 
 ent nations, such as the international law 
 which now exists among the Christian peo- 
 ple of Europe. Savigny, Dr. Rom. c. 2, 
 § IL 
 
 JUS FIDUCIARUM (Lat.) In civil law. A 
 right to something held in trust; for this 
 there was a remedy in conscience. 2 Bl. 
 Comm. 328. 
 
 JUS FLAVIANUM. In old Roman law. A 
 body of laws drawn up by Cneius Flavins, a 
 clerk of Appius Claudius, from the materials 
 to which he had access. It was a popular- 
 ization of the laws. Mackeld. Civ. Law, 
 § 39. 
 
 JUS FLUMINUM. In civil law. The right 
 to the use of rivers. Locc. de Jur. Mar. 
 lib. 1, c. 6. 
 
 JUS FODIENDI (Lat.) In the civil and 
 old English law. A right of digging on an- 
 other's land. Inst. 2. 3. 2; Bracton, foL 222; 
 Fleta, lib. 4, c. 19, § 6. 
 
 JUS GENTIUM (Lat.) The law of nations. 
 Although the Romans used these words in 
 the sense we attach to "law of nations," yet 
 among them the sense was much more ex- 
 tended. Falck, Enc. Jur. 102, note 42. 
 
 Modern writers have made a distinction 
 between the laws of nations which have for 
 their object the conflict between the laws of 
 different nations, which is called jus gen- 
 tium privatum,, or private international law, 
 and those laws of nations which regulate 
 
JUS GLADII 
 
 572 
 
 JUS NECIS 
 
 those matters which nations, &s such, have 
 with each other, which is denominated jms 
 gentium publicum, or public international 
 law. Foelix, Droit Int. Prive, note 14. See 
 "International Law." 
 
 JUS QLADII (Lat. the right of the 
 sword). Supreme jurisdiction; the right to 
 absolve from or condemn a man to death. 
 
 JUS HABENDl (Lat.) The right to have 
 a thing. 
 
 JUS HABENDl ET RETINENDI. A right 
 to have and to retain the profits, tithes, and 
 offerings, etc., of a rectory or parsonage. 
 Rapalje & L. 
 
 JUS HAEREDITATIS. The right of in- 
 heritance. Rapalje & L. 
 
 JUS HAURIENDI. (Lat.) In civil and 
 old English law. The right of drawing 
 water. Fleta, lib. 4, c. 27, § 1. 
 
 JUS HONORARIUM. The body of Roman 
 law, which was made up of edicts of the 
 supreme mag^istrates, particularly the prae- 
 tors. 
 
 JUS IMMUNITATIS. In civil law. The 
 law of immunity or exemption from the bur- 
 den of public office. Dig. 50. 6. 
 
 JUS IN PERSONAM. A right against a 
 person; a right which gives its possessor a 
 power to oblige another person to give or 
 procure, to do or not to do, something. Ra- 
 palje & L, 
 
 JUS IN RE (Lat.) A right which belongs 
 to a person, immediately and absolutely, in a 
 thing, and which is the same against the 
 whole world, — idem, erga omnes. See "Jus 
 ad Rem." 
 
 JUS IN RE INHAERIT OSSIBUS USU- 
 fructuarii. A right in the thing cleaves to 
 the person of the usufructuary. 
 
 JUS IN RE PROPRIA. The right of en- 
 joyment which is incident to full ownership 
 or property, and is often used to denote the 
 full ownership or property itself. It is dis- 
 tinguished from jus in re aliena, which is a 
 mere easement or right in or over the prop- 
 erty of another. 
 
 JUS INCOGNITUM (Lat.) An unknown 
 law. This term is applied by the civilians 
 to obsolete laws, which, as Bacon truly ob- 
 serves, are unjust; for the law, to be just, 
 must give warning before it strikes. Bac. 
 Aph. 8, § 1; Bowyer, Mod. Civ. Law, 33. 
 But until it has become obsolete, no custom 
 can prevail against it. See "Obsolete." 
 
 JUS INDIVIDUUM (Law Lat.) An indi- 
 vidual or indivisible right; a right incapa- 
 ble of division. 36 Eng. Law & Eq. 25. 
 
 JUS JURANDI FORMA VERBIS DIF- 
 fert, re convenit; hunc enim sensum habere 
 debet, ut Deus invocetur. The form of tak- 
 
 ing an oath differs in language, agrees in 
 meaning; for it ought to have this sense, — 
 that the Deity is invoked. Grotius de Jure 
 Belli, lib. 2, c. 13, § 10. 
 
 JUS LATH. In Roman law. The right of 
 Latium or of the Latins. The principal priv- 
 ilege of the Latins seems to have been th« 
 use of their own laws, and their not being 
 subject to the edicts of the praetor, and that 
 they had occasional access to the freedom of 
 Rome, and a participation in her sacred 
 rites. Butler, Hor. Jur. 41. 
 
 JUS LEGITIMUM (Lat.) In civil law. A 
 legal right which might have been enforced 
 by due course of law. 2 Bl. Comm. 328. 
 
 JUS MARITI (Lat.) In Scotch law. The 
 right of the husband to administer, during 
 the marriage, his wife's goods and the rents 
 of her heritage. 
 
 In the common law, by jus mariti is under- 
 stood the rights of the husband, as jus mwr- 
 iti cannot attach upon a bequest to the wife, 
 although given during coverture, until the 
 executor has assented to the legacy. 1 
 Bailey, Eq. (S. C.) 214. 
 
 JUS MERUM (Lat.) A simple or bare 
 right; a right to property in land, without 
 possession, or the right of possession. 
 
 JUS NATURAE. The law of nature. See 
 "Jus Naturale." 
 
 JUS NATURALE, Natural law; the rule 
 and dictate of right reason, showing the 
 moral deformity or moral necessity there is 
 in any act according to its suitableness to a 
 reasonable nature. Grotius de Jure Belli, 
 lib. 1, c. 1, c. 3. 
 
 The term is used interchangeably with 
 jus gentium. Tayl. Civ. Law, 128. 
 
 JUS NATURALE EST QUOD APUD HO- 
 mines eandem habet potentiam. Natural 
 right is that which has the same force 
 am<»ng all men. 7 Coke, 12. 
 
 , JUS NAVIGANDI. The right of navigat- 
 ing or navigation; the right of commerce by 
 ships or by sea, Locc. de Jur. Mar. lib. 1, 
 c. 3, 
 
 JUS NEC INFLECTI GRATIA, NEC 
 frangi potentia, nee adulterari pecunia po- 
 test; quod si non modo oppressum, sed de- 
 sertum aut negligentia asservatum fuerit, 
 nihil est quod quisquam se habere cerium, 
 aut a patre accepturum, aut liberls esse re- 
 licturum, arbitretur. Favor ought not to be 
 able to bend justice, power to break it, nor 
 money to corrupt it; for not only if it be 
 overborne, but if it be abandoned or negli- 
 gently observed, no one can think that he 
 holds anything securely, or that he will in- 
 herit anything from his father, or be able to 
 leave anything to his children, Cicero. 
 
 JUS NECIS. In Roman law. The rightof 
 death, or of putting to death ; a right which 
 
JUS NON HABENTI 
 
 573 
 
 JUS QUO UNIVERSITATES 
 
 a father anciently had over his children. 3 
 Gibb, Eom. Emp. 169. 
 
 JUS NON HABENTI, TUTE NON PARE- 
 tur. It is safe not to obey him who has no 
 right. Hob. 1. 46. 
 
 JU8 NON PATITUR UT IDEM BIS SOL- 
 vatur. Law does not suffer that the same 
 thing be twice paid. 
 
 JUS NON SCRIPTUM. The unwritten 
 law. 1 Bl. Comm. 64. 
 
 JUS PAPIRIANUM. The civil law of Pa- 
 pirius. The title of the earliest collection 
 of Roman leges curiatae, said to have been 
 made in the time of Tarquin, the last of the 
 Mngs, by a pontifex maximus of the name 
 of Sextus or Publius Papirius. Dig. 1. 2. 2. 
 2. Very few fragments of this collection 
 now remain, and the authenticity of these 
 has been doubted. 1 Kent, Comm. 517; 
 Mackeld. Civ. Law, p. 14, § 21. 
 
 JUS PASCENDI. (Lat.) In civil and old 
 English law. The right of pasturing cattle. 
 Bract, fol. 53b, 222. 
 
 JUS PATRONATUS (Lat.) In ecclesias- 
 tical law. A commission from the bishop, 
 directed usually to his chancellor and others 
 of competent learning, who are required to 
 summon a jury, composed of six clergymen 
 and six laymen, to inquire into and examine 
 who is the rightful patron. 3 Bl. Comm. 
 246. 
 
 JUS PERSONARUM (Lat.) The right of 
 persons. See "Jure Personarum." 
 
 JUS POSSESSION IS (Lat.) A (or the) 
 right of possession, or seisin. Bracton, fol. 
 3; Fleta, lib. 4, c. 1, §2; Co. Litt. 266a; 3 
 Bl. Comm. 177, 191. 
 
 JUS POSTLIMINII. 
 
 In Civil Law. The right of postlim- 
 iny; the right or claim of a person who had 
 been restored to the possession of a thing, 
 or to a former condition, to be considered as 
 though he had never been deprived of it. 
 Dig. 49. 15. 5; 3 Bl. Comm. 107, 210. 
 
 In International Law. The right by 
 
 which property taken by an enemy, and re- 
 captured or rescued from him by the fellow 
 subjects or allies of the original owner, is 
 restored to the latter upon certain terms. 
 1 Kent, Comm. 108. 
 
 JUS PRAESENS. In civil law. A present 
 or vested right; a right already completely 
 acquired. Mackeld. Civ. Law, p. 174, § 183. 
 
 JUS PRAETORIUM. In civil law. The 
 discretion of the praetor, as distinct from 
 the leges, or standing laws. 3 Bl. Comm. 49. 
 That kind of law which the praetors intro- 
 duced for the purpose of aiding, suppljring, 
 or correcting the civil law for the public 
 benefit. Dig. 1. 1. 7. Called, also, j'lts horir 
 orarium (q. v.). 
 
 JUS PRECARIUM (Lat.) Ett civil law. A 
 right to a thing held for another, for which 
 there was no remedy. 2 Bl. Comm. 328. 
 
 JUS PRIVATUM. The king's private 
 property in the soil covered by navigable 
 water. 202 111. 433. 
 
 JUS PROJICIENDI (Lat.) In civil law. 
 The name of a servitude by which the owner 
 of a building has a right of projecting a part 
 of his building towards the adjoining house, 
 without resting on the latter. It is extend- 
 ed merely over the ground. Dig. 50. 16. 
 242; Id. 8. 2. 25; Id. 8. 5. 8. 5, 
 
 JUS PROPRIETATIS. The right of prop- 
 erty, as distinguished from the jus posses- 
 sionis, or right of possession. Bracton, fol. 
 3. Called by Bracton "jus merum," the 
 mere right. Id.; 2 Bl. Comm. 197; 3 Bl. 
 Comm. 19, 176. 
 
 JUS PROTEGENDI (Lat.) In civil law. 
 The name of a servitude. It is a right by 
 which a part of the roof or tiling of one 
 house is made to extend over the adjoining 
 house. Dig. 50. 16. 242. 1; Id. 8. 2. 25; Id. 
 8. 5. 8. 5. - 
 
 JUS PUBLICUM. The right to have the 
 water kept free from obstructions for the 
 purpose of navigation. 202 111. 433. 
 
 In the Roman Law. Public law; that 
 
 which regards the condition of the Roman 
 state (quod ad statum rei Romanae speetat). 
 Inst. 1. 1. 4; Dig. 1. 1. 1. 2. This definition 
 is borrowed by Bracton, who accommodates 
 it to the English jurisprudence. Est jus 
 publicum quod ad statum reipublicae pertir 
 net. Bracton, fol. 3b. 
 
 JUS PUBLICUM ET PRIVATUM QUOD 
 ex naturalibus praeceptis aut gentium aut 
 civilibus est collectum; et quod in jure scrip- 
 to jus appellatur, id in lege Angliae rectum 
 esse dicitur. Public and private law is that 
 which is collected from natural principles, 
 either of nations or in states; and that 
 which in the civil law is called jus, in the 
 law of England is said to be "right."- Ca 
 Litt. 185. 
 
 JUS PUBLICUM PRIVATORUM PACTI8 
 mutari non potest. A public right cannot be 
 changed by agreement of private parties. 
 
 JUS QUAESITUM (Lat.) A right to ask 
 or recover; for example, in an obligation 
 there is a binding of the obligor, and a jws 
 quaesitum in the obligee. 1 Bell, Comm. 
 (5th Ed.) 323. 
 
 JUS QUIRITIUM. The old law of Rome, 
 that was applicable originally to patricians 
 only, and, under the Twelve Tables, to the 
 entire Roman people, was so called, in con- 
 tradistinction to the fus praetorium (q. «.) , 
 or equity. Brown. 
 
 JUS QUO UNIVERSITATES UTUNTUR 
 est idem quod habent privatl. The law 
 
JUS RELICTAE 
 
 574 
 
 JUSTICE 
 
 T- 
 
 which governs corporations is the same 
 which governs individuals; 16 Mass. 44 
 
 JUS RELICTAE (Lat.) In Scotch law. 
 The right of a wife, after her husband's 
 death, to a third of /movables if there be 
 children, and to one-half if there be none. 
 
 JUS RERUM (Lat.) The right of things. 
 Its principal object is to ascertain how far 
 a person can have a permanent dominion 
 over things, and how that dominion is ac- 
 quired. See Bl. Comm. 
 
 JUS RESPICIT AEQUITATEM. Law re- 
 gards equity. Co. Litt. 24b; Broom, Leg. 
 Max. (3d London Ed.) 143; 17 Q. B. 292. 
 
 JUS SCRIPTUM. 
 
 In Roman Law. Written law. Inst. 1. 
 
 2, 3. All law that was actually committed 
 to writing, whether it had originated by en- 
 actment or by custom, in contradistinction 
 to such parts of the law of custom as were 
 not committed to writing. Mackeld. Civ. 
 Law, p. 125, § 113. 
 
 In English Law. Written law, or stat- 
 ute law, otherwise called lex scripta, as dis- 
 tinguished from the common law, lex non 
 scripta. 1 Bl. Comm. 62. 
 
 Jus scriptum is used in Fleta to denote the 
 civil law, as distinguished from the- com- 
 mon law of England. Liber 6, c. 1, § 1. 
 
 JUS SINGULARE. In civil law. A pecul- 
 iar or individual rule, differing from the jus 
 commune, or common rule of right, and es- 
 tablished for some special reason. Mackeld. 
 Civ. Law, p. 181, § 188. 
 
 JUS STAPULAE. In old European law. 
 The law of staple; the right of staple; a 
 fight or privilege of certain towns of stop- 
 ping imported merchandise, and compelling 
 it to be offered for sale in their own mar- 
 kets. Locc. de Jur. Mar. lib. 1, c. 10. 
 
 JUS STRICTUM (Lat.) A Latin phrase, 
 which signifies law interpreted without any 
 modification, and in Its utmost rigor. 
 
 JUS SUPERVENIENS AUCTORI AC- 
 
 cressit successori. A right growing to a pos- 
 sessor accrues to a successor. Halk. Max. 
 76. 
 
 JUS TERTII. The right or Interest of a 
 third party. 
 
 JUS TESTAMENTORUM PERTINET 
 ordinario. Y. B. 4 Hen. VII., 13b. The right 
 of testaments belongs to the ordinary. 
 
 JUS TRIPERTITUM. In the Roman law. 
 The law of wills. Sir Henry Maine says 
 that it is so called because of its three-fold 
 derivation from the imperial constitutions, 
 the civil law, and the praetorian edicts. Anc. 
 Law, 207. 
 
 JUS TRIPLEX EST,-.PROPRIETATIS, 
 
 possessionis, et possibilitatls. Right is three- 
 fold, — of property, of possession, and of pos- 
 sibility. 
 
 JUS TRIUM LIBERORUM. In Roman law. 
 A right or privilege allowed to the parent of 
 three or more children. 2 Kent, Comm. 85; 
 2 Bl. Coram. 247. These privileges were an 
 exemption from the trouble of guardianship, 
 priority in bearing oflSces, and a treble pro- 
 portion of com. Adams, Rom. Ant. (Am. 
 Ed.) 227. 
 
 JUS UTENDI (Lat.) The right to use 
 property without destroying its substance. 
 It is employed in contradistinction to the 
 jus abutendi. 3 Toullier, Dr. Civ. note 86. 
 
 JUS VENANDI ET PISCANDI. The right 
 of hunting and fishing. 
 
 JUS VENDIT QUOD USUS APPROBAV- 
 
 it. The law dispenses what use has ap- 
 proved. EUesmere, Postn. 35, 
 
 JUSJURANDI FORMA VERBIS DIF- 
 fert, re convenit; hunc enim sensum liabere 
 debet, ut Deus invocetur. The form of tak- 
 ing an oath differs in language, agrees in 
 m.eaning; for it ought to have this sense, 
 that the Deity is invoked. Grotius de Jure 
 Belli, bk. 2, c. 13, § 10. 
 
 JUSJURANDUIVI (Lat.) In civil law. An 
 oath. 
 
 Juramentum is the usual law Latin word. 
 
 JUSJURANDUIVI INTER ALIOS FAC- 
 tum nee nocere nee prodesse debet. An 
 oath made in another cause ought neither to 
 hurt nor profit. 4 Inst. 279. 
 
 JUST COIVIPENSATION. As used in the 
 constitution, means a full and fair equiva- 
 lent for the loss sustained by the taking for 
 public use. It may be more, or it may be 
 less, than the mere money value of the prop- 
 erty actually taken. The exercise of the 
 power being necessary for the public good, 
 and all property being held subject to its 
 exercise when and as the public good re- 
 quires it, it would be unjust to the public 
 that it should be required to pay the owner 
 more than a fair indemnity for the loss he 
 sustains by the appropriation of his prop- 
 erty for the general good. On the other 
 hand, it would be equally unjust to the own- 
 er if he should receive less than a fair in- 
 demnity for such loss. To arrive at this 
 fair indemnity, the interests of the public 
 and of the owner, and all the circumstances 
 of the particular appropriation, should be 
 taken into consideration. Lewis, Em. Dom. 
 § 462. 
 
 Compensation for the actual loss in dol- 
 lars and cents. 157 111. 56. 
 
 JUSTA CAUSA (Lat.) In the civil law. 
 A just cause; a lawful ground; a legal trans- 
 action of some kind. 1 Mackeld. Civ. Law, 
 287, § 274. See Grotius de Jure Belli, lib. 
 2, c. 23, § 13. 
 
 JUSTICE. The constant and perpetual 
 disposition to render every man his due. 
 Inst. bk. 1, tit. 1; 2 Inst. 56. The conform- 
 
JUSTICE 
 
 575 
 
 JUSTICES OF OYER 
 
 ity of our actions and our will to the law. 
 TouUier, Dr. Civ. tit. prel. note 5. 
 
 In the most extensive sense of the word, 
 it differs little from "virtue"; for it includes 
 within itself the whole circle of virtues. Yet 
 the common distinction between them is that 
 which considered positively and in itself 
 is called "virtue," when considered rela- 
 tively and with respect to others has the 
 name of "justice." But justice, being in it- 
 self a part of virtue, is confined to things 
 simply good or evil, and consists in a man's 
 taking such a proportion of them as he 
 ought. 
 
 Toullier exposes the want of utility and 
 exactness in this division of distributive and 
 commutative justice, adopted in the compen- 
 dium or abridgments of the ancient doctors, 
 and prefers the division of internal and ex- 
 ternal justice,— the first being a conformity 
 of our will, and the latter a conformity of 
 our actions, to the law, their union making 
 perfect justice. Exterior justice is the ob- 
 ject of jurisprudence; interior justice is the 
 object of morality. Dr. Civ. tit. prel. notes 
 6, 7. 
 
 According to the Frederician Code (part 
 1, bk. 1, tit. 2, § 27) , justice consists simply 
 in letting every one enjoy the rights which 
 he has acquired in virtue of the laws. And, 
 as this definition includes all the other rules 
 of right, there is properly but one single 
 general rule of right, namely, give every 
 one his own. 
 
 Commutative justice is that virtue whose 
 object it is to render to every one what be- 
 longs to him, as nearly as may be, or that 
 which governs contracts. To render com- 
 mutative justice, the judge must make an 
 equality between the parties, that no one 
 may be a gainer by another's loss. 
 
 Distributive justice is that virtue whose 
 object it is to distribute rewards and pun- 
 ishments to each one according to his mer- 
 its, observing a just proportion by compar- 
 ing one person or fact with another, so that 
 neither equal persons have unequal rights, 
 nor unequal persons things equal. Toul- 
 Her's learned note, Droit Civ. tit. prel. n. 7. 
 note. 
 
 In Norman French. Amenable to jus- 
 tice. Kelham. 
 
 In Feudal Law. Feudal jurisdiction, 
 
 divided into high (alta justitia), and low 
 (simplex, inferior justitia) , the former being 
 a jurisdiction over matters of life and limb ; 
 the latter over smaller causes. Leg. Edw. 
 Conf. c. 26; Du Cange. Sometimes high, 
 low, and middle justice or jurisdiction were 
 distinguished. 
 
 An assessment. Du Cange. Also, a judi- 
 cial fine. Du Cange. 
 
 In Practice. A title given in Eng- 
 land and. America to judges of common-law 
 courts, being a translation of justitia, which 
 was anciently applied to common-law judges, 
 while judex was applied to ecclesiastical 
 judges and others; e. g., judex fisealis. Leg. 
 Hen. I. §§ 24, 63; Anc. Inst. Eng. Index; Co. 
 Litt. 71b. 
 
 The judges of king's bench and common 
 pleas, and the judges of almost all the su- 
 preme courts in the United States, are prop- 
 erly styled "justices." 
 
 "The term "justice" is also applied to the 
 lowest judicial officers; e. g., a trial justice; 
 a justice of the peace. 
 
 JUSTICE AYRES. In Scotch law. The 
 circuits through the kingdom made for the 
 distribution of justice. Ersk. Inst. 1. 3. 25. 
 
 JUSTICES COURTS. In American law. 
 Inferior tribunals, with limited jurisdiction, 
 both civil and criminal. There are courts 
 so called in the states of Massachusetts and 
 New Hampshire, and probably other states. 
 
 JUSTICES IN EYRE. Certain judges es- 
 tablished, if not first appointed, A. D. 1176, 
 22 Hen. II. 
 
 England was divided into certain circuits, 
 and three justices in eyre — or "justices itin- 
 erant," as they were sometimes called — were 
 appointed to each district, and made the 
 circuit of the kingdom once in seven years, 
 for the purpose of trying causes. They were 
 afterwards directed, by Magna Charta, c. 12, 
 to be sent into every county once a year. 
 The itinerant justices were sometimes mere 
 justices of assize or dower, or of general 
 gaol delivery, and the like. 3 Bl. Comm. 58; 
 Crabb, Hist. Eng. Law, 103, 104. 
 
 JUSTICES OF ASSIZE. These justices, 
 or, as they are sometimes called, "justices of 
 nisi prius," are judges of the superior Eng- 
 lish courts, who go on circuit into the vari- 
 ous counties of England and Wales for the 
 purpose of disposing of such causes as are 
 ready for trial at the assizes. Rapalje & L. 
 
 JUSTICES OF GAOL DELIVERY. Those 
 justices who are sent with a commission to 
 hear and determine all causes appertaining 
 to persons, who, for any offense, have been 
 cast into gaol. Part of their authority was 
 to punish those who let to mainprise those 
 prisoners who were not bailable by law, and 
 they seem formerly to have been sent into 
 the country upon this exclusive occasion, but 
 afterwards had the same authority given 
 them as the justices of assize. Brown. 
 
 JUSTICES OF LABORERS. In old Eng- 
 lish law. Justices appointed to try the 
 cases of laboring men who would not work 
 for the wages prescribed by the statute of 
 laborers. 23 Edw. III. 
 
 JUSTICES OF NISI PRIUS. In English 
 law. This title is now usually coupled with 
 that of "justices of assize"; the judges of 
 the superior courts acting on their circuits 
 in both these capacities. 8 Bl. Comm. 58, 59. 
 Formerly there was a distinction made, jus- 
 tices of assize having power to render judg- 
 ments, but justices of nisi prius having pow- 
 er only to receive verdicts. 
 
 JUSTICES OF OYER AND TERMINER. 
 Certain persons appointed by the king's com- 
 mission, among whom were usually twQ 
 
JUSTICES OF THE BENCH 
 
 576 
 
 JUSTIFICATION 
 
 judges of the oourte at /tvestminster, and 
 who went twice in every year to every coun- 
 ty of the kingdom (except London and Mid- 
 dlesex) , and, at what was usually called the 
 "assizes," heard and determined all treasons, 
 felonies, and misdemeanors. 
 
 JUSTICES OF THE BENCH. The justices 
 of the court of common bench or common 
 pleas. 
 
 JUSTICES OF THE FOREST. In old Eng- 
 lish law. Officers who had jurisdiction over 
 all offenses committed within the jEorest 
 against vert or venison. The court wherein 
 these justices sat and determined such 
 causes was called the "justice seat of the 
 forest." They were also sometimes called 
 the "justices in eyre of the forest." 
 
 JUSTICES OF THE HUNDRED. Hun- 
 dredors; lords of the hundreds; they who 
 had the jurisdiction of hundreds, and held 
 the hundred courts. 
 
 JUSTICES OF THE JEWS. Justices ap- 
 pointed by Richard I. to carry into effect 
 the laws and orders which he had made for 
 regulating the money contracts of the Jews. 
 
 JUSTICES OF THE PAVILION 
 
 {justiciarii pavilionis). Certain judges of 
 court of piepoudre, of a most transcendent 
 jurisdiction, authorized by the bishop of 
 Winchester, at a fair held at St. Giles Hills 
 near that city, by virtue of letters patent 
 granted by Edw. IV. Prynne on 4 Inst, 
 fol. 191. 
 
 JUSTICES OF THE PEACE. Public offi- 
 cers invested with judicial powers for the 
 purpose of preventing breaches of the peace, 
 and bringing to punishment those who have 
 violated the law. 58 N. Y. 530. They have 
 also a limited jurisdiction in civil matters. 
 
 JUSTICES OF TRAIL BASTON. A sort 
 of justice in eyre, with large and summary 
 powers, appointed by Edw. I. during his ab- 
 sence in war. Old. Nat. Brev. fol. 52; 12 
 Coke, 25. For derivation, see Cowell. 
 
 JUSTICIAR, or JUSTICIER. In old Eng- 
 lish law. A judge or justice. Baker, fol. 
 118; Cron. Angl. One of several persons 
 learned in the law, who sat in the OMla regis, 
 and formed a kind of court of appeal in 
 cases of difficulty. 
 
 The chief justi<aar (capitalis justicarius 
 totms Angliae) was a special magistrate, 
 who presided over the whole aula, regis, who 
 was the principal minister of state, the see- 
 ond man in the kingdom, and, by virtue of 
 his office, guardian oi the realm in the king's 
 absence. 8 Sharswood, Bl. Comm. 37; Si>el- 
 man, 330, 831, 332; 2 Hawk. P. 0. 6. The 
 last who bore this title was Philip Bassist, 
 in the time of Heit III. 
 
 JU8TICIARE, or JU8TITIARE (Law Lat. 
 from jwsUcia or juettUa, justice). In old 
 English law. To justice; to do justice or 
 
 right; to compel a person to appear in court. 
 Bracton, fol. 308b; 1 Beeves, Hist. Eng. 
 Law, 125, 173, 174. Hence the writ of jus- 
 tides (q. V.) Justidari, to be justiced; to 
 have justice. St. Marlb. c. 1. 
 
 JUSTICIARII ITINERANTES (Lat.) In 
 English law. Justices who formerly went 
 from county to county to administer justice. 
 They were usually called justices in eyre, to 
 distinguish them from justices residing at 
 Westminster, who were called justicii resi- 
 denies. Co. Litt. 293. 
 
 JUSTICIARII RESIDENTES (Lat.) In 
 English law. Justices or judges who usually 
 resided in Westminster. They were so called 
 to distinguish them from justices in eyre. 
 Co. Litt. 293. 
 
 JUSTICIARIUS, or JUSTITIARIUS (Law 
 Lat.) In old English law. A justice. Magna 
 Charta, 9 Hen. III. cc. 12, 13. 
 
 JUSTICIARY. Another name for a judge. 
 In Latin, he was called justicairius, and in 
 French justicier. Not used. Brae. Abr. 
 "Courts" (A). 
 
 JUSTICIARY COURT. The chief criminal 
 court of Scotland. 
 
 JUSTICIATUS (Law Lat. from justiciare, 
 q. V.) In old English law. Judicature, pre- 
 rogative, or jurisdiction. Blount. 
 
 JUSTICIES (from justiciare). In English 
 law. A special writ, in the nature of a com- 
 mission, empowering a sheriff to hold plea in 
 his county court of a cause which he could 
 not take jurisdiction of without this writ; 
 e. g., trespass vi et armis for any sum, and 
 all personal actions above forty shillings. 1 
 Burn, Just. 449. So called from the Latin 
 word justicies, used in the writ, which runs, 
 "praecipimus tibi quod justicies A. B.," etc.; 
 we command you to do A. B. right, etc. 
 I Bracton, lib. 4, tr. 6, c. 13; Kitch. Cts. 74; 
 Fitzh. Nat. Brev. 117; 3 Sharswood, Bl. 
 Comm. 3, 6. 
 
 JUSTIFIABLE HOMICIDE. Justifiable 
 homicide is the necessary killing of another 
 in the performance of the legal duty, or the 
 exercise of a legal right, the slayer not being 
 at all in fault. Homicide is justifiable (1) 
 in the execution of a capital sentence pro- 
 nounced by a competent court; (2) to pre- 
 vent the commission of a felony; (3) to 
 suppress a riot; (4) to effect the arrest of a 
 felon, or prevent his escape after arrest; (5) 
 where one who is feloniously assaulted, and 
 who is himself without faDlt> kills his as- 
 sailant to save himself from death Or great 
 bodily harm then appearing reasonablytm- 
 minent. 1 CJlark & Marshall) Crimes, 582. 
 
 JUSTIFICATION. 
 
 In Torts. Facts making the act charg- 
 ed legally justiflabla 
 
 In Pleading. The allegation of matter 
 
 of fact by the defaidant, establishing his 
 
JUSTIFICATORS 
 
 B77 
 
 JUZGADO 
 
 legal right to do the act complained of by 
 the plaintiflf. 
 
 Justification admits the doing of the act 
 charged as a wrong, but alleges a right to 
 do it on the part of the defendant, thus de- 
 nying that it is a wrong. Excuse merely 
 shows reasons why the defendant should not 
 make good the injury which the plaintiff 
 has suffered from some wrong done. See 
 "Avowry." 
 
 In Practice. The proceeding by which 
 
 sureties establish their ability to perform the 
 .undertaking of the bond or recognizance. 
 
 JUSTIFICATORS. A kind of compurga- 
 tors, or those who, by oath, justified the in- 
 nocence or oaths of others, as in the case of 
 wagers of law. 
 
 JUSTIFYING BAIL. In practice. The pro- 
 duction of bail in court, who there justify 
 themselves against the exception of the 
 plaintiff. See "Bail." 
 
 JUSTITIA (Lat.) Justice; a jurisdiction, 
 or the office of a judge. 
 
 JUSTITIA DEBET ESSE LIBERA, QUIA 
 nihil inlquius venal! justitia; plena, quia Jus- 
 titia non debt ciaudicare; et celeris, quia 
 dilatio est quaedam negatio. Justice ought 
 to be unbought, because nothing is more 
 hateful than venal justice; full, for justice 
 ought not to halt; and quick, for delay is a 
 kind of deniaL 2 Inst. 56. 
 
 JUSTITIA EST CONSTANS ET PERPE- 
 tua voluntas ius suum culque tribuendi. Jus- 
 tice is a steady and unceasing disposition to 
 render to every man his due. Inst. 1. 1. pr. ; 
 Dig. 1. 1. 10. 
 
 JUSTITIA EST DUPLEX, VIZ., SEVERE 
 puniens et vere praevenlens. Justice is 
 double; punishing severely, and truly pre- 
 venting. 
 
 JUSTITIA EST VIRTUS EXCELLENS, 
 et Aitfssimo complacens. Justice is an ex- 
 cellent virtue and pleasing to the Most High. 
 4 Inst 58. 
 
 JUSTITIA FIRMATUR SOLIUM. By Jus- 
 tice the throne is established. 3 Inst. 140. 
 
 JUSTITIA NEMINI NEGANDA EST. Jus- 
 tice is to be denied to none. Jenk. Cent. 
 Caa. 178. 
 
 JUSTITIA NON EST NEGANDA, NON 
 differenda. Justice Is not to be denied nor 
 delayed. Jenk. Cent. Cas. 76. 
 
 JUSTITIA NON NOVIT PATREM NEC 
 matrem; solum verltatem spectat Justitia. 
 Justice knows neither father nor mother; 
 justice looks to truth alone. 1 Bulst. 199. 
 
 JUSTITIA PIEP0UDR0U8. Speedy jus- 
 tice. Bracton, 333b. 
 
 JUSTITIUM. In civil law. A suspension 
 or intermission of the administration of jus- 
 tice in courts; vacation time. Calv. Lex. 
 
 JU8TIZA. In old Spanish law. A supreme 
 judge; a judicial magistrate peculiar to the 
 kingdom of Aragon. 
 
 JUSTUM NON EST ALIQUEM ANTENA- 
 tum mortuum facere bas^ardutn, qui pro 
 tota vita sua pro legitime habetur. It is not 
 just to make a bastard after his death one 
 elder born, who all his life has been account- 
 ed legitimate. 8 Coke, 101. 
 
 JUVENES. (Lat.) (Youths or young 
 men.) In old English law. Inferior clerks 
 of chancery, so called. Crabb's Hist. Eng. 
 Law, 184. 
 
 JUXTA (Lat.) According to. 1 Ld. Raym. 
 415. The same as secundum, in the civil 
 law. 12 Mod. 218. 
 
 Juxta formam statuti, according to the 
 form of the statute. Reg. Orig. 16. The 
 established phrase by which reference to a 
 statute was expressed in old writs and rec- 
 ords. 
 
 Juxta tenorem sequentem, according to 
 the tenor following. 2 Salk. 417. A phrase 
 used in the old books, when the very words 
 themselves referred to were set forth. Id.; 
 1 Ld. Raym. 415. 
 
 Jiixta conventionem, according to the cove- 
 nant. Fleta, lib. 4, c. 16, § 6. 
 
 Juxta ratam, at or after the rate. Dyer, 
 82. 
 
 JUZGADO. In Spanish law. The collec- 
 tive number of judges that concur in a de- 
 cree, and more particularly the tribunal 
 having a single judge. 
 
K. B. 
 
 578 
 
 KEEPER OP THE GREAT SEAL 
 
 K 
 
 K. B. An abbreviation for "king's bench" 
 (q. v.). 
 
 KAIA (Law Lat.) A key, kay, or quay. 
 Spelman. 
 
 KAIAGIUM (Law Lat.) Kayage or wharf- 
 age. Spelman. 
 
 KAIN. In Scotch law. A payment of 
 fowls, etc., reserved in a lease. It is de- 
 rived from canum, a word used in ancient 
 grants to signify fowls or animals deliver- 
 able by the vassal to his superior as part of 
 the reddendum. Ersk. Inst. 11. 10. 32; 2 
 Boss, Lect. 236, 405. 
 
 KALENDAE. Rural chapters, or conven- 
 tions of the rural deans and parochial cler- 
 gy, which were formerly held on the calends 
 of every month ; hence the name. Par. Ant. 
 604. 
 
 KALENDAR. The original form of "cal- 
 endar." 
 
 KALENDARIUM (Lat.) In civil law. A 
 calendar; a book of accounts, memorandum 
 book, or debt books; a book in which ac- 
 counts were kept of moneys loaned out on 
 interest. Dig. 32. 64. So called because ^le 
 Romans used to let out their money, and re- 
 ceive the interest on the calends of each 
 month. Calv. Lex. 
 
 KALENDS. See "Calends." 
 
 KARAXARE. {Charaxare, Law Lat.) 
 In old records. To mark; to put down in 
 characters or letters; to write. Spelman. 
 
 KARL (SaXon). In Saxon and old Eng- 
 lish law. A man; a serving man. Buskarl, 
 a seaman. Huskarl, a house servant. Spel- 
 man. 
 
 KARRATA (Law Lat.) In old records. 
 A cartload. Cowell; Blount. 
 
 KAST (Swed.) In Swedish law. Jetti- 
 son; a literal translation of the Latin jactus 
 (q. v.). Locc. de Jur. Mar. lib. 2, c. 7, § 1. 
 
 KAST GELD (Swed.) Contribution for a 
 jettison; average. Locc. de Jur. Mar. lib. 2, 
 c. 8, § 1. 
 
 KE (Law Fr. that). A corruption of que. 
 E volume ke meismes celes chartres, and we 
 will that these same charters. Conf. Cart. 
 25 Edw. I. 
 
 KEELAGE. The right of demanding mon- 
 ey for the bottom of ships resting in a port 
 or harbor. The money so paid is also called 
 "keelage." 
 
 KEELHALE, KEELHAUL, or KEEL- 
 rake. To drag a person under the keel of a 
 
 ship by means of ropes from the yard- arms; 
 a punishment formerly practiced in the 
 navy. Enc. Lond. 
 
 KEELS. This word is applied, in Eng- 
 land, to vessels employed in the carriage of 
 coals. Jacob. 
 
 KEEP. A strong tower or hold in the mid- 
 dle of any castle or fortification, wherein 
 the besieged make their last efforts of de- 
 fense, was formerly, in England, called a 
 "keep"; and the inner pile within the castle 
 of Dover, erected by King Henry II. about 
 the year 1153, was termed the "King's 
 Keep"; so at Windsor, etc. It seems to be 
 something of the same nature with what is 
 called abroad a "citadel." Jacob. 
 
 KEEP AND BEAR ARMS. The words 
 "bear arms" as used in the constitutional 
 provision have reference to their military 
 use, and the wearing of them in war or in 
 peace, 3 Heisk. 194, and were not employed 
 to mean wearing them about the person as 
 part of the dress. 2 Hump. 158. 
 
 The "arms" are such as are needful to, 
 and ordinarily used by the militia; weapons 
 ordinarily used in battle, and such as are 
 necessary and suitable to enable a free peo- 
 ple to resist oppression, prevent usurpa- 
 tion, repel invasion, etc.; and include guns 
 of every kind, swords, bayonets, pistols, 
 etc.; with the right to load and shoot them 
 and use them as such things are ordinarily 
 used in battle. 53 Ga. 474; 1 Ga. 251; 31 
 Ark. 458; 11 La. Ann. 633; 35 Tex. 476. 
 
 KEEP OPEN. As applied to a place of 
 business, implies "a readiness to carry on 
 the usual business therein." 16 Mich. 477. 
 
 KEEP THE PEACE. To refrain from any 
 breach of the peace {q. v.). 
 
 KEEPER. One who has the care, cus- 
 tody or superintendence of anything. 67 111. 
 590. 
 
 KEEPER OF THE FOREST (called, also, 
 the "chief warden of the forest"). An of- 
 ficer who had the principal government 
 over all officers within the forest, and 
 warned them to appear at the court of jus- 
 tice seat on a summons from the lord chief 
 justice in eyre. Manw. For. Law, pt. 1, p. 
 156; Jacob. 
 
 KEEPER OF THE GREAT SEAL. A ju- 
 dicial officer who is, by virtue of his office, a 
 lord and a member of the privy council. 
 Through his hands pass all charters, com- 
 missions, and grants of the crown, to be 
 sealed with the great seal, which is under 
 his keeping. The office was consolidated " 
 with that of lord chancellor by 5 Eliz. c. 
 18, and the lord chancellor is appointed by 
 
KEEPER OP THE PRIVY SEAL 
 
 579 
 
 KINDRED 
 
 delivery of the great seal, and taking oath. 
 4 Inst. 87; 1 Hale, P. C. 171, 174; 3 Shars- 
 wood, Bl. Comm. 47. 
 
 KEEPER OF THE PRIVY SEAL. The of- 
 ficer through whose hands go allj charters, 
 pardons, etc., signed by the king before 
 going to the great seal, and some which do 
 not go there at all. He is of the privy coun- 
 cil virtute officii. He was first called clerk 
 of the privy seal, then guardian, then lord 
 privy seal, which is his present designation. 
 12 Rich. II. c. 12; Rot. Pari. 11 Hen. IV.; 
 St. 34 Hen. VIII. c. 4; 4 Inst. 55; 2 Shars- 
 wood, Bl. Comm. 347. 
 
 KEEPER OF THE TOUCH. The master 
 of the assay in the English mint. 12 Hen. 
 VI. c. 14, 
 
 KEEPING HOUSE. In English bankrupt- 
 cy law. The act of a trader in withdrawing 
 to a secret part of the house, refraining 
 from going to business, or confining himself 
 to the house for the purpose of avoiding 
 his creditors. It is an act of bankruptcy. 
 Robs. Bankr. 107 et seq. 
 
 KEEPING TERM. It was necessary for 
 students in the Inns of Court to keep twelve 
 terms, comprising three years, for admis- 
 sion to the English bar. Each term was 
 three or four weeks, including one grand 
 week. "Keeping the term" was to dine in 
 the hall once in each grand week, and once 
 in each of two half weeks. The terms so 
 kept need not have been consecutive, Rob- 
 inson, "Bench and Bar." 
 
 KENILWORTH EDICT. An edict or 
 award between Henry III. and those who 
 had been in arms against him; so called 
 because made at Kenilworth Castle, in War- 
 wickshire, A. D. 1266. It contained a com- 
 position of those who had forfeited their 
 estates in that rebellion, which composition 
 was five years' rent of the estates forfeited. 
 Hale, Com. Law, 10, note (d). 
 
 KENNING TO A TERCE. In Scotch law. 
 The ascertainment by a sheriff of the just, 
 proportion of the husband's lands which be- 
 longs to the widow in virtue pf her terce 
 or third. An assignment of dower by sher- 
 iff. Ersk. Inst, 11, 9. SO; Bell, Diet. 
 
 KENTLAGE, In maritime law. A perma- 
 nent ballast, consisting usually of pigs of 
 iron, cast in a particular form, or other 
 weighty material, which, on account of its 
 superior cleanliness, and the small space 
 occupied by it, is frequently preferred to 
 ordinary ballast. Abb. Shipp, 5. 
 
 KENTREF. The division of a county; a 
 hundred in Wales, See "Cantred." 
 
 KEPT MISTRESS, The expression as 
 used in modern times, amounts to the same 
 thing as "concubine." 124 111. 616. 
 
 KERNES, Idlers; vagabonds. 
 
 KEYAGE. A toll paid for loading and un- 
 loading merchandise at a key or wharf. 
 
 KEYS. 
 
 Of Court. In old Scotch law. Certain 
 
 officers of courts. See "Claves Curiae," 
 
 Of the Isle of Man. The twenty-four 
 
 chief commoners, who form the local legis- 
 lature. 1 Steph. Comm. 99. 
 
 In Old English Law. A guardian or 
 
 warden, 
 
 KEYUS. A guardian, warden, or keeper. 
 Mon. Angl. tom. 2, p. 71. 
 
 KIDDER. An engrosser of corn to enhance 
 its price, 
 
 KIDNAPPING, The forcible abduction or 
 stealing away of a man, woman, or ohild 
 from their own country, and sending them 
 into another. 4 Bl. Comm. 219. Statutory 
 definitions are somewhat different. 
 
 Actual force is not necessary; fraud or 
 intimidation may suffice. 88 N. Y. 182. But 
 the taking must be against the will of the 
 person, and consent is a defense unless the 
 person was incapable of consenting (8 N. 
 H. 550; 25 N. Y. 272), or the consent was 
 obtained by fraud (20 111, 315), 
 
 KILDERKIN. A measure of capacity, 
 equal to eighteen gallons. 
 
 KILKETH. An ancient servile payment 
 made by tenants in husbandry. Cowell. 
 
 KILL. 
 
 (1) A Dutch word, meaning the channel 
 or bed of a stream. Sometimes applied to 
 the stream itself. 1 Copst. (N. Y.) 107. 
 
 (2) An Irish word, meaning church or 
 cemetery. Enc. Lond. 
 
 KILLYTHSTALLION. A custom by which 
 lords of manors were bound to provide a 
 stallion for the use of their tenants' mares. 
 Spelman. 
 
 KIN. Rslation or relationship by blood or 
 consanguinity. "The nearness of kin is com- 
 puted according to the civil law." 2 Kent, 
 Comm. 413. 
 
 KINDERGARTEN. A garden of children 
 was devised by Froebel, a German philoso- 
 pher and educator, to apply to a system 
 which he elaborated for the instruction of 
 children of very tender years. "Children's 
 garden" ought to be taken in its allegorical 
 sense. The child is a plant, the school is 
 a garden and Froebel calls teachers "gar- 
 deners of children." 107 Cal. 190. Com- 
 payr6. History of Pedagogy, § 537, Payne's 
 translation. 
 
 KINDRED. Relations by blood. 
 
 Nature has divided the kindred of every 
 one into three principal classes: (1) His 
 children, and their descendants. (2) His 
 father, mother, and other ascendants. (3) 
 His collateral relations; which include, in 
 the first place, his brothers and sisters, and 
 their descendants; and, secondly, his uncles. 
 
KING 
 
 580 
 
 KLEPTOMANIA 
 
 cousins, and other relations of either sex, 
 who have not descended from a brother or 
 sister of the deceased. All kindred, then, 
 are descendants, ascendants, or collaterals. 
 A husband or wife of the deceased, there- 
 forejis not his or her kindred. 14 Ves. 372. 
 See Wood. Inst. BO; Ayliflfe, Par. 325; Dane, 
 Abr.; 2 BI. Conun. 616, note; Poth. des 
 Success, c 1, art. 3. 
 
 It has been held to include an adopted 
 chUd (4 S. W. 683), but not an illegitimate 
 child (88 Me. 153). 
 
 KING. The chief magistrate of a king- 
 dom, vested usually with the executive 
 power. 
 
 The following table of the reigns of 
 English and British kings and queens, 
 commencing with the Conquest, is added, to 
 assist the student in many points of chron- 
 ology: 
 
 Accession. 
 
 William I 1066 
 
 William II 1087 
 
 Henry I. 1100 
 
 Stephen 1135 
 
 Henry II. 1154 
 
 Richard I. 1189 
 
 John 1199 
 
 Henry III. 1216 
 
 Edward I. 1272 
 
 Edward II. 1307 
 
 Edward III 1327 
 
 Richard II. 1377 
 
 'Henry IV. 1399 
 
 Henry V. 1413 
 
 Henry VI. 1 1422 
 
 Edward IV. 1461 
 
 Edward V. 1483 
 
 Richard III. 1483 
 
 Henry VII. 1485 
 
 Henry VIII. 1509 
 
 Edward VI. 1547 
 
 Mary 1553 
 
 Elizabeth 1558 
 
 James I. 1603 
 
 Charles I. 1625 
 
 Charles II. 1660 
 
 James II. '- 1685 
 
 William III. 1689 
 
 Anne 1702 
 
 George I. 1714 
 
 George II. 1727 
 
 George III. 1760 
 
 George IV. 1820 
 
 William IV. 1830 
 
 Victoria 1837 
 
 Edward VII 1901 
 
 George V. 1910 
 
 KING GELD. A royal aid; an escuage 
 (q. v.). 
 
 KING JAMES VERSION. A version of the 
 Bible published in London in 1611. 245 111. 
 343. 
 
 KINGDOM. A country where an officer 
 called a "king" exercises the powers of gov- 
 ernment, whether the same be absolute or 
 limited. Wolff. Inst. § 994. In some king- 
 
 doms the executive officer may be a woman, 
 who is called a "queen." 
 
 KING'S BENCH. 
 Bench." 
 
 See "Court of King's 
 
 KING'S CHAMBERS. Those portions of 
 the seas, adjacent to the coasts of Qr«at 
 Britain, which are inclosed within head- 
 latids, so as to be cut off from the open sea 
 by imagfinary straight lines drawn from one 
 promontory to another. Rapalje & L. 
 
 KING'S (or QUEEN'S) COUNSEL. Bar- 
 risters or Serjeants who have been called 
 within the bar, and selected to be the king's 
 counsel. They answer in some measure to 
 the advocati fisd, or advocates of the rev- 
 enue, among the Romans. They must not 
 be employed against the crown without spe- 
 cial leave, which is, however, always grant- 
 ed, at a cost of about nine pounds. 3 Shars- 
 wood, Bl. Comm. 27, note. 
 
 KING'S (or QUEEN'S) EVIDENCE. In 
 English law. An accomplice in a felony, 
 who, on an implied promise of pardon if he 
 fully and fairly discloses the truth, is ad- 
 mitted as evidence for crown against his 
 accomplices. See "State's Evidence." 
 
 KING'S (or QUEEN'S) SILVER. A fine 
 or payment due to the king for leave to 
 agree in order to levying a fine (finalis con- 
 cordia). 2 Sharswood, Bl. Comm. 350; Dyer, 
 320, pi. 19; 1 Leon, 249, 250; 2 Leon, 56, 
 179, 233, 234; 5 Coke, 39. 
 
 KING'S WIDOW. In feudal law. A widow 
 of the king's tenant. She was not allowed 
 to .remain without the king's consent, lest 
 she thereby induct the king's enemy into 
 the tenure. 
 
 KINSBOTE (from kin, and bote, a com- 
 position). In Saxon law. A composition 
 for killing a kinsman. Anc. Inst. Eng. In- 
 dex, "Bote." 
 
 KINTLIDGE. A term used by merchants 
 and seafaring men to signify a ship's bal- 
 last. Merc. Diet. 
 
 KIRBY'S QUEST. An ancient record re- 
 maining with the remembrancer of the Eng- 
 lish exchequer. So called from being the 
 inquest of John de Kirby, treasurer to Ed- 
 ward I. 
 
 KISSING THE BOOK. A ceremony used 
 in taking the corporal oath; the object be- 
 ing, as the canonists say, to denote the 
 assent of the witness to the oath in the form 
 it is imposed. The witness kisses either the 
 whole Bible, or some portion of it; or a 
 cross, in some countries. See the cere- 
 mony explained in Oughton's Ordo, tit. 
 Ixxx.; Consitt. Courts pt. 3, sec. 1, §3; 
 Junkin, Oath, 173, 180; 2 Poth. Obi. (Evans 
 Ed.) 234. 
 
 KLEPTOMANIA. A mania to steal. 
 
KNAVE 
 
 581 
 
 KNIGHTS TEMPLARS 
 
 KNAVE. A false, dishonest, or deceitful 
 person. This signification of the word has 
 arisen by a long perversion of its original 
 meaning, which was merely "servant" or 
 "attendant" 
 
 KNAVESHIP. In old English law. The 
 portion of grain given to the servant in 
 charge of a mill by tenants who were thirlpd 
 to the mill. 
 
 KNIGHT. In English law. The next per- 
 sonal dignity after the nobility. Of knights 
 there are geveral orders and degrees. The 
 first in rank are Knights of the Garter, in- 
 stituted by Edward III. in 1344; next fol- 
 lows, a knight banneret; then come 
 knights of the Bath, instituted by Henry 
 IV., and revived by George I.; and they 
 were so called from a custom of bathing 
 the night before their creation. The last 
 order are knights bachelors, who, though 
 the lowest, are yet the most ancient, order 
 of knighthood; for we find that King Al- 
 fred conferred this order upon his son 
 Athelstan. 1 BI. Comm. 403. These are 
 sometimes called "knights of the chamber," 
 being such as are made in time of peace, 
 and so called because knighted in the king's 
 chamber, and not in the field. 2 Inst. 666. 
 Of the more recently established orders are 
 the knights of St. Michael and St. George, 
 established in 1818, and the knights of St. 
 Patrick, an Irish order instituted in 1763. 
 These last have no rank in England. 
 Knights were called equites, because they 
 always served on horseback; aurati, from 
 the gilt spurs they wore; and milites, be- 
 cause they formed the royal army, in vir- 
 tue of their feudal tenures. 
 
 KNIGHTENCOURT. A court which used 
 to be held twice a year by the bishop of 
 Hereford. 
 
 KNIGHTENGUILD, or KNIGHTENGYLD. 
 An ancient guild or society formed by King 
 Edgar. 
 
 KNIGHTHOOD. The character, dignity, 
 or status of a knight. 
 
 KNIGHTS BACHELORS. See "Knight." 
 
 KNIGHTS BANNERET. See "Knight." 
 
 KNIGHT'S FEE. The word is a compound 
 word, and may comprehend many things. 
 And therefore by the grant of this may pass 
 land, meadow and pasture as parcel of it. 
 Anciently so much of an inheritance in 
 land as was sufficient to maintain a knight; 
 and every man possessed of such an estate 
 was obliged to be knighted, and attend the 
 king in his wars, or pay a pecuniary sum 
 in lieu thereof, called "escuage." In the 
 time of Henry II. the estate was estimated 
 at twenty pounds a year; but Lord Coke, 
 in his time, states it to bo an estate of six 
 hundred and eighty acres. Co. Litt. 69, 
 69a. 
 
 According to Selden, however, it did not 
 consist of land of a fixed extent or value, 
 
 but It was as much as the Idng was pleased 
 to grant, upon the condition of having the 
 service of one knight Tit of Hon. part 2, 
 §§ 17, 26. 
 
 KNIGHTS HOSPITALLERS. An order of 
 knights that had their name from a hos- 
 pital erected at Jerusalem for the use of 
 pilgrims coming to the Holy Land', and 
 dedicated to St. John Baptist. They were 
 afterwards called "Knights, of St. John of 
 Jerusalem," and their first business was 
 to provide for and protect such pilgrims as 
 came to that hospital. Afterwards, being 
 driven out of the Holy Land, they settled 
 at Rhodes, and then at Malta, and were 
 then called "Knights of Malta." Many of 
 them came to England in the year 1100, 
 where, in process of time, they became of 
 so much wealth and digrnity that their su- 
 perior was the first lay baron, and had a 
 seat among the lords in parliament. 
 
 KNIGHTS OF ST. MICHAEL AND ST. 
 George. See "Knight." 
 
 KNIGHTS OF ST. PATRICK. See 
 
 "Knight" 
 
 KNIGHTS OF THE BATH. See "Knight." 
 
 KNIGHTS OF THE CHAMBER. See 
 "Knight" 
 
 KNIGHTS OF THE GARTER. See 
 
 "Knight" 
 
 KNIGHTS OF THE POST. Hireling wit- 
 nesses. 
 
 KNIGHTS OF THE SHIRE. In English 
 law. Members .of parliament representing 
 counties or shires, in contradistinction to 
 citizens or burgesses, who represent bor- 
 oughs or corporations. So called because, 
 as the terms of the writ for election still 
 require, it was formerly necessary that he 
 should be a knight. 2 Steph. Comm. 362, 
 392. 
 
 KNIGHT'S SERVICE. Upon the Norman 
 conquest, all the lands in England were 
 divided into knight's fees, in number above 
 sixty thousand; and for every knight's fee 
 a knight was bound to attend the king in 
 his wars forty days in a year, in which 
 space of time, before war was reduced to a 
 science, a campaign was generally finished. 
 If a man only held half a knight's fee, he 
 was only bound to attend twenty days; 
 and so in proportion. But this personal 
 service, in process of time, grew into pe- 
 cuniary commutations, or aids, until at last, 
 with the military part of the feudal system, 
 it was abolished at the restoration, by St. 
 12 Car. II. c. 24, 1 Bl. Comm. 410; 2 Bl. 
 Comm. 62. 
 
 KNIGHTS TEMPLARS. An order of 
 knights so called from having their first 
 residence in some apartments adjoining the 
 temple at Jerusalem; and their employ- 
 ment was to guard the roads for the secur- 
 
KNOCK DOWN 
 
 582 
 
 KYTH 
 
 ity of pilgrims in the Holy Land. They 
 came into England in the reign of Stephen, 
 where they increased so much in wealth and 
 power that they were considered dangerous 
 to the state, and the order was suppressed 
 in 1312. 
 
 KNOCK DOWN. To accept a hid at an 
 auction. So called from the fact that the 
 auctioneer's acceptance of the bid is com- 
 monly signified hy a stroke of his hammer. 
 "Knocked down" is synonymous with 
 "struck off." 7 Hill (N. Y.) 439. 
 
 KNOW ALL MEN. In conveyancing. 
 A form of public address, of great antiqui- 
 ty, and with which many written instru- 
 ments, such as bonds, letters of attorney, 
 etc., still commence. 
 
 KNOWINGLY. In pleading. The word 
 "knowingly," or "well knowing," will sup- 
 ply the place of a positive averment, in an 
 indictment or declaration, that the defend- 
 ant knew the facts subsequently stated. If 
 notice or knowledge be unnecessarily stated, 
 the allegation may be rejected as surplus-, 
 age. See Comyn, Dig. "Indictment" (G 6) ; 
 2 Gush. (Mass.) 577; 2 Strange, 904; 2 
 East, 452; 1 Chit. PI. 367. 
 
 It implies actual personal knowledge. 4 
 Lans. (N. Y.) 22. 
 
 In an indictment it signifies that defend- 
 
 ant, at the time of committing the offense 
 charged, well knew what he was doing. 14 
 Fed. 127. 
 
 KNOWLEDGE. Positive assurance of a 
 fact. 
 
 It is not synonymous with "information," 
 21 Pac. 39, or "notice," 1 So. 777, and dif- 
 fers from "belief" in degree. The act or 
 state of knowing; clear perception of fact; 
 that which is or may be known. Acquaint- 
 ed with things ascertained or ascertain- 
 able; specific information, 28 Ind. App. 
 367; a firm belief, 9 Gray (Mass.) 271. It 
 implies actual notice as distinguished from 
 constructive notice. 176 Iowa 316. 
 
 Believe; to exercise trust or confidence; 
 to be persuaded upon evidence, arguments 
 and deductions, or by other circumstances 
 other than personal knowledge. 28 Ind. App. 
 367. 
 
 KNOWN MEN. A title formerly given to 
 the Lollards. Cowell. 
 
 KNUCKLES. See "Brass Knuckles." 
 
 KURDI. A certain kind of shells used 
 among many of the native tribes on the 
 headwaters of the Niger, as currency or a 
 circulating medium, about 2500 kurdi rep- 
 resenting the value of a dollar. 27 111. 507, 
 
 KYTH. Kin or kindred. 
 
L. S. 
 
 583 
 
 LADY 
 
 L. S. An abbreviation for locus sigilli 
 (q. v.). 
 
 When appearing in the margin of an in- 
 strument, in the place where a seal is usual- 
 ly found, indicate a seal. 36 111. 164; 155 
 111. 481. See Seal. 
 
 ■ LA (Law Pr.) There. Dyer (Fr. Ed.) 62, 
 La ou, there where; whereas. Kelham; Law 
 Pr. Diet. Que la, until that. Kelham. 
 
 LA. (Ft.) The definite article feminine. 
 
 LA CONSCIENCE EST LA PLUS CHAN- 
 geante des regies. Conscience is the most 
 changeable of rules. 
 
 LA LEY FAVOUR LA VIE D'UN HOME. 
 The law favors a man's life. Y. B. Hen. 
 VI. 51. 
 
 LA LEY FAVOUR L'INHERITANCE 
 
 d'un home. The law favors a man's inheri- 
 tance. Y. B. Hen. VI. 51. 
 
 LA LEY VOIT PLUS TOST SUFFER UN 
 
 mischlefe que un inconvenience. The law 
 would rather suffer a mischief than an in- 
 convenience. Litt. § 231. 
 
 LABEL. A narrow slip of paper or parch- 
 ment affixed to a deed or writing, hanging 
 at or out of the same. This name is also 
 given to an appending seal. See 2 Fed. 217. 
 It is also a mark, or design, or statement 
 placed on goods to indicate their origin or 
 contents. 
 
 LABOR. Continued operation; work; 
 manual work. 
 
 The act' of doing what requires a pain- 
 ful exertion of strength; pains; toil; work 
 to be done; work done; performance; exer- 
 cise; motion with some degree of violence; 
 childbirth; travail. 2 Ohio St. 400. Biddle's 
 Lexicon. 
 
 LABOR A JURY. To tamper with a Jury; 
 to persuade jurymen not to appear. It 
 seems to come from the meaning of "labor," 
 to prosecute with energy, to urge ; as, to la- 
 bor a point. Dyer, 48; Hob. 294; Co. Litt. 
 157b; 14 & 20 Hen. VII. 30, 11. The first 
 lawyer that came from England to practice 
 in Boston was sent back for laboring a jury. 
 Washb. Jud. Hist. 
 
 LABORARIIS. An ancient writ against 
 persons who refused to serve and do labor, 
 and who had no means of living; or against 
 such as, having served in the winter, re- 
 fused to serve in the summer. Reg. Orig. 
 1S9. 
 
 LABORER. One who performs manual la- 
 bor, 10 Am. & Eng. R. R. Gas. 642, not re- 
 quiring special knowledge or skill. 17 111. 
 App. 200. 
 
 A contractor is not (6 Am. & Eng. R. R. 
 Cas. 619), nor is an architect who merely 
 provides plans (90 Pa. St. 47) ; but one who 
 directs the work is (35 Pa. St. 42). 
 
 Clerks, bookkeepers, traveling salesmen, 
 etc., are not. 44 111. App. 338, 341. See 
 Sfervant. 
 
 LABORERS, STATUTES OF. St. 23 Edw. 
 III., St. 12 Rich. II., 5 Eliz. c. 4, and St. 26 
 & 27 Vict. c. 125, making regulations as to 
 laborers, servants, apprentices, etc. 
 
 LACHES (Fr. lacher, to slacken; to let 
 slip). Negligent delay in enforcing a right. 
 
 "Inexcusable negligence and inattention 
 to one's interests." 16 N. J. Eq. 242. 
 
 "Laches presupposes not only lapse of 
 time, but also the existence of circumstances 
 which render negligence imputable, and un- 
 less reasonable diligence is shown in the 
 prosecution of a claim to equitable relief, 
 the court, acting on the maxim vigilantibus 
 non dormientibus subvertiunt leges, will de- 
 cline to interfere." Lindl. Partn. 902. 
 
 LACTA (Law Lat.) In old English law. 
 Defect in the weight of money; lack of 
 weight. This word and the verb lactare are 
 used in an assize or statute of the sixth 
 year of King John. Spelman. 
 
 LACUS (Lat.) 
 
 In the Civil Law. A lake; a recepta- 
 cle of water which is never dry. Dig. 43. 14. 
 1. 3. 
 
 In Old English Law. Allay or alloy 
 
 of silver with base metal. Fleta, lib. 1, c. 
 22, § 6. This word is not found either in 
 Spelman or Cowell. 
 
 LADA (from Saxon ladian, to purge). 
 
 In Saxon Law. A purgation, or mode 
 
 of trial by which one purged himself of an 
 accusation; as by oath or ordeal. Spelman. 
 
 A watercourse; a trench or canal for 
 draining marshy grounds. In old English, 
 a lade or load. Spelman; Cowell. 
 
 In Old English Law (from Saxon Zcttfe- 
 
 ian, to assemble). A court of justice; a 
 lade or lath. Cowell. 
 
 LADE, or LODE. The mouth of a river. 
 
 LADEN IN BULK. FreigTited with a 
 cargo which is neither in casks, boxes, 
 bales, nor cases, but lies loose in the hold, 
 being defended from wet or moisture by a 
 number of mats and a quantity of dunnage. 
 Cargoes of corn, salt, etc., are usually so 
 shipped. Wharton. 
 
 LADY. The title pertaining to a peer's 
 Svife, and (By courtesy) to the wife of a 
 baronet or knight, and the daughter of an 
 earl. Webster. 
 
LADY COURT 
 
 584 
 
 LAND, or LANDS 
 
 LADY COURT. The court of a lady of the 
 manor. 
 
 LADY DAY. The feast of the Annuncia- 
 tion, March twenty-fifth. 
 
 LADY'S FRIEND. The name of a func- 
 tionary in the British house of commons. 
 When the husband sues for a divorce, or 
 asks the passage of an act to divorce him 
 from his wife, he is required to make a pro- 
 vision for her before the passage of the act. 
 It is the duty of the lady's friend to see 
 that such a provision is made. Macq. Husb. 
 & Wife, 213. 
 
 LAESA MAJE8TAS (Lat.) Lese majes- 
 ty, or injured majesty; high treason. It is 
 a phrase taken from the civil law, and an- 
 ciently meant any offense against the king's 
 person or dignity, defined by 25 Edw. III. 
 c. 6. Glanv. lib. 5, c. 2; 4 Sharswood, Bl. 
 Comm. 75; Bracton, 118. See "Crimen." 
 
 LAESIO ULTRA DIMIDIUM VEL ENOR- 
 mis. In Koman law. The Injury sustained 
 by one of the parties to an onerous contract 
 when he had been overreached by the other 
 to the extent of more than one-half of the 
 value of the subject matter; e. g., when a 
 vendor had not received half the value of 
 property sold, or the purchaser had paid 
 more than double value. Colq. Civ. Law, 
 § 2094. 
 
 LAESIONE FIDEL, SUITS PRO. Suits or 
 actions for breach of faith in civil contracts 
 which the clergy, in the reign of Stephen, 
 introduced into the spiritual courts, by 
 means of which they took cognizance of 
 many matters of contract belonging to the 
 temporal courts under a pretext that faith 
 solemnly plighted was of a religious nature, 
 the breach of which belonged to the spirit- 
 ual tribunals. 1 Reeve, Hist. Eng. Law, 74. 
 
 LAESIWERP. In old English law. A thing 
 surrendered into the hands or power of an- 
 other; a thing given, or delivered. Spel- 
 man. 
 
 LAGA. The law. 
 
 LAGAN (Saxon liggam., ouba/re). Goods 
 found at such a distance from shore that it 
 was uncertain what coast they would be 
 carried to, and therefore belonging to the 
 finder. Bracton, 120. See "Ligan." 
 
 LAGE DAY. In old E3ngliah law. A law 
 day; a day of open court. 
 
 LAGE MAN. A juror. Cowell. 
 
 LAGU. In old BngllBh law. Law; also 
 used to express the territory or district in 
 which a particular law was in force, as 
 Dena lagu, the district under Danish law, 
 etc 
 
 LAHL8L1T (Saxon). A breach of law. 
 Cowell. A mulct for an offense, viz., twelve 
 "ores." 1 Anc. Inst. Eng. 169. 
 
 LAHMAN (Saxon). A lawyer. Domegdoy 
 Book, I. 189. 
 
 LAIC US. A layman. 
 
 LAIRESITE. The name of a fine imposed 
 upon those who committed adultery or for- 
 nication. Tech. Diet. 
 
 LAITY. Those persons who do not make 
 a part of the clergy. In the United States 
 the division of the people into clergy and 
 laity is not authorized by law, but is merely 
 conventional. 
 
 LAKE. Fresh-water lakes are bodies of 
 standing water distinguishable from rivers 
 chiefly by the fact that they have no cur- 
 rent. The fact that there is a current 
 from a higher to a lower level does not 
 make that a river which would otherwise be 
 a lake, nor does a lake lose its distinctive 
 character because there is a current in it 
 for a certain distance tending towards a 
 river which forms its outlet. Gould Waters, 
 § 79. 
 
 LAMBETH DEGREE. A degree given by 
 archbishop of Canterbury. 1 Sharswood, 
 Bl. Comm. 381, note. Although he can con- 
 fer all degrees given by the two uniyer- 
 sities, the graduates have many privileges ' 
 not shared by the recipients of his degrees. 
 
 LAME DUCK.. A lame duck is one who 
 is unable to meet his contracts in the ex- 
 change, — an insolvent Biddle, Br. 71. 
 
 The expression "lame duck" would be ac- 
 tionable if applied to a person on the_ stock 
 exchange, because there it has acquired a 
 particular meaning. 27 L. J. Ex. 412; 3 H. 
 & N. 376; 31 L. T. O. S. 217. 
 
 LAMMAS LANDS. Lands over which 
 there is a right of pasturage by persons 
 other than the owner from about Lammas, 
 or reaping time, until sowing time. Whar- 
 ton. 
 
 LANCETI. In feudal law. Vassals who 
 were obliged to Work for their lord one day 
 in the week, from Michaelnjas to autumn, 
 either with fork, spade, or flail, at the lord's 
 option. Spelman. 
 
 LAND, or LANDS. A term comprehending 
 any ground, soil, or earth whatsoever; as, 
 meadows, pastures, woods, waters, marshes, 
 furzes, and heath. 170 111. 266. 
 
 An estate of frank tenement at the least. 
 Shep. Touch. 92. 
 
 In the technical sense, freeholds are not 
 included within the word "lands." 3 Madd. 
 588. The term terrcn in Latin was usal to 
 denote land, from terendo, quia vomere teri- 
 tm/r (because It is broken by th« plou^ ) , 
 and, accordingly, in fines and recoveries, 
 land, L e., terra, has been hdd to mean ara- 
 ble land. Salk. 286; Cowp. 346; Oo. Litfc. 
 4a; 11 Coke, 55a. But see Oro. Ellz. 476; 4 
 Bing. 90; Burton, Iteal Prop. 196. See, also, 
 2 P. Wms. 458, note; 5 Ves. 476; 20 Viner, 
 Abr. 203. 
 
LAND CEAP, or LAND CHEAP 
 
 585 
 
 LANDSLAGH 
 
 " 'Land' eomprehendeth in its legal signifi- 
 oanoe any ground, soil, or earth whatso- 
 ever. It includes, also, all castles, houses, 
 or other buildings, for they consist of two 
 things, — land, which is the foundation, and 
 structures thereon. Land hath also, in its 
 legal signification, an indefinite extent up- 
 wards, as well as downwards." 1 Inst. 4a; 
 2 P. Wms. 458, note; 5 Ves. 476; 20 Viner, 
 Ired. L. (N. C.) 280; 49 Am. Dec. 379. 
 
 "Lands" is not as broad a term as "tene- 
 ments" or "hereditaments," but has been 
 sometimes used as including these., 1 
 Washb. Real Prop. 9. It does not include 
 incorporeal hereditaments issuing out of 
 lands. 5 Denio (N. Y.) 324. 
 
 LAND CEAP, or LAND CHEAP (land, 
 and Saxon ceapan, to buy) . A fine payable 
 in money or cattle, upon the alienation of 
 land, within certain manors and liberties. 
 Cowell. 
 
 LAND CLAUSES CONSOLIDATION 
 acts. Certain English statutes (8 Vict. C. 8, 
 amended by 23 & 24 Vict. c. 106, and 32 & 
 33 Vict. c. 18) , to provide legislative clauses 
 in a convenient form for incorporation by 
 reference in future special acts of parlia- 
 ment for taking lands, with or without the 
 consent of their owners, for the promotion 
 of railways, and other public undertak- 
 ings. Mozley & W. 
 
 LAND COURT. The name of a court in 
 the city of St. Louis, state of Missouri, hav- 
 ing sole jurisdiction in St. Louis county in 
 suits respecting lands, and in actions of 
 ejectment, do^er, partition. 
 
 LAND GABEL (or GABLE). A tax or rent 
 issumg out of land. Blount. A ground 
 rent. Cowell. 
 
 LAND-REEVE. A person whose business 
 it is to overlook certain parts of a farm or 
 estate; to attend not only to the woods and 
 hedge timber, but also to the state of the 
 fences, gates, buildings, private roads, 
 driftways, and watercourses; and likewise 
 to the stocking of commons, and encroach- 
 ments of every kind, as well as to prevent 
 or detect waste and spoil in general, wheth- 
 er by the tenants or others, and to report 
 the same to the manager or land steward. 
 Enc. Lond. 
 
 LAND TAX. A tax on beneficial proprie- 
 tor of land. So far as a tenant is bene- 
 ficial proprietor, and no farther, does it 
 rest on him. It has superseded all other 
 methods of taxation in Great Britain. Sugd. 
 Vend. 268. It was first imposed in 1693, 
 a new valuation of the lands in the king- 
 dom having been made in 1692, which has 
 not since been changed. In 1798 it was 
 made perpetual, at a rate of four shillings 
 in a pound of valued rent. See Enc. Brit. 
 "Taxation"} Wharton. 
 
 LAND TENANT (commonly called terre 
 tenant) . He who actually possesses the land. 
 
 LAND WAITER. In English law. An of- 
 ficer of the custom house, Whose duty Is, 
 upon landing any merchandise, to examine, 
 taste, weigh, or measure it, and to take an 
 account thereof. In some ports they also 
 execute the office of a coast waiter. Thay 
 are likewise occasionally styled "search- 
 ers," and are to attend and join vrith the 
 patent searchers in the execution of all 
 cockets for the shipping of goods to be ex- 
 ported to foreign parts; and, in cases where 
 drawbacks on bounties are to be paid to the 
 merchant on the exportation of any goods, 
 they, as well as the patent searchers, are to 
 certify the shipping thereof on the deben- 
 tures. Enc. Lond. 
 
 LANDATOR. A witness to character. 
 
 LANDBOC (Saxon, from land, and hoe, 
 a writing). In Saxon law. A charter or 
 deed by which lands or tenements were 
 given or. held. Spelman; Cowell; 1 Reeve, 
 Hist. Eng. Law, 10; 1 Spence, Ch. 22. 
 
 LANDEFRICUS. A landlord. 
 
 LANDEGANDMAN (Saxon.) In old Eng- 
 lish law. A kind of customary tenant or in- 
 ferior tenant of a manor. Spelman. 
 
 LANDIMER (Scotch; Lat. agrimensor) . 
 In old Scotch law. A measurer of land. 
 Skene de Verb. Sign. voc. "Particata.'' 
 
 LANDIRECTA. In Saxon law. Services 
 and duties laid upon all that held land, in- 
 cluding the three obligations called "trinoda 
 necessitas" (g. v.) ; quasi land rights. Cow- 
 ell. 
 
 LANDLORD. 
 
 In Old Law. The lord or proprietor of 
 
 land, who, under the feudal system, re- 
 tained the dominion or ultimate property 
 of the feud, or fee of the land; while his 
 grantee, who had only the possession and 
 use of the land, was styled the "feudatory," 
 or "vassal," which was only another name 
 for the tenant or holder of it. 
 
 In Modern Law. The lessor of lands 
 
 or tenements. 
 
 Not the lord of the soil, but the person 
 between whom and the tenant the relation 
 of landlord and tenant exists. 2 Hurlst. & 
 N. 450. 
 
 LANDMARK. A monument set up in or- 
 der to ascertain the boundaries between two 
 contiguous estates. For . removing a land- 
 mark an action lies. 1 Thomas, Co. Litt. 
 787. See "Monument." 
 
 LANDS, TENEMENTS, AND HEREDITA- 
 
 ments. The technical and most comprehen- 
 sive description of real property, as "goods 
 and chattels" is of personalty. Williams, 
 Real Prop. 5. 
 
 LANDSLAGH. In Swedish law. A body 
 of common law, compiled about the thir- 
 teenth century, out of the particular cus- 
 
LANDWARD 
 
 586 
 
 LARCENY 
 
 toms of every province; being analogous to 
 the common law of England. 1 Bl. Comm. 
 66. 
 
 LANDWARD. (Scotch). Rural. 
 
 LANGUAGE. The medium for the com- 
 munication of perceptions and ideas. 
 
 Spoken language is that wherein articu- 
 late sounds are used. 
 
 Written language is that wherein written 
 characters are used, and especially the sys- 
 tem of characters called "letters and fig- 
 
 LAN QUID US (Lat.) In practice. The 
 name of a return made by the sheriff when 
 a defendant, whom he has taken by virtue 
 of process, is so dangerously sick that to 
 remove him would endanger his life or 
 health. 
 
 LANGUOR. (Law Lat.) In old English 
 practice. Sickness; a confirmed and linger- 
 ing sickness, as distinguished from a tran- 
 sient indisposition. Bract, fol. 340, 344b, 
 352b, 357b. Skene defines it to be "a vehe- 
 ment sickness of body or of mind." Reg. 
 Maj. lib. 1, c. 8. If it continued over a 
 year, it was called morbus sonticus. Bract, 
 fol. 344b. 
 
 LANIS DE CRESCENTIA WALLIAE 
 traducendis absque custuma, etc. An ancient 
 writ that lay to the customer of a port to 
 permit one to pass wool without paying cus- 
 tom, he having paid it before in Wales. 
 Reg. Orig. 279. 
 
 LANZAS. In Spanish law. A certain con- 
 tribution in money paid by the grandees and 
 other high officers in lieu of the soldiers 
 they ought to furnish government in time 
 of war. 
 
 LAPIS MARMORIUS. A marble stone 
 about twelve feet long and three feet broad, 
 placed at the upper end of Westminster 
 Hall, where was likewise a marble chair 
 erected on the middle thereof, in which the 
 English sovereigns anciently sat at their 
 coronation dinner, and at other times the 
 lord chancellor. Rapalje & L. 
 
 LAPSE. To glide; to pass slowly, silently, 
 or by degrees, to slip; to deviate from the 
 proper path. Webster. See "Lapsed De- 
 vise"; "Lapsed Legacy." 
 
 In Ecclesiastical Law. The trans- 
 fer, by forfeiture, of a right to present or 
 collate to a vacant benefice from a person 
 vested with such right to another, in conse- 
 quence of some act of negligence by the 
 former. Ayliffe, Par. 331. 
 
 Upon six months' neglect of the patron, 
 the right lapses to the bishop; upon six 
 months' neglect of bishop, to archbishop; 
 upon his six months' neglect, to king. The 
 day on which the vacancy occurs is not 
 counted, and the six months are calculated 
 as a half-year. 2 Burn, Ecc. Law 355. 
 
 LAPSE PATENT. A patent issued to pe- 
 titioner for land; a patent for which land 
 to another party has lapsed through neglect 
 of patentee. The lapse patent relates to 
 date of original patent, and makes void all 
 mesne conveyances. 1 Wash. (Va.) 39, 40. 
 
 LAPSED DEVISE. A devise which has 
 lapsed, or does not take effect because of the 
 death of devisee before testator. 
 
 LAPSED LEGACY. A legacy which, on 
 account of the death of the legatee before 
 the period arrives for the payment of the 
 legacy, lapses or deviates from the course 
 prescribed by the testator, and falls into the 
 residuum. 1 Williams, Ex'rs, 1036. 
 
 A distinction exists between a lapsed de- 
 vise and a lapsed legacy. A legacy which 
 lapses does not fall into the residue unless 
 so provided by the will, but descends to the 
 heir at law; on the contrary, personal prop- 
 erty passes by the residuary clause where 
 it is not otherwise disposed of. 2 Bouv. 
 Inst. 2154-2156. See "Lapsed Devise." 
 
 LARCENY. In criminal law. The wrong- 
 ful and fraudulent taking and carrying 
 away by one person of the mere personal 
 goods of another from any place, with a 
 felonious intent to convert them to his, the 
 taker's, use, and make them his property 
 without the consent of the owner. 2 East, 
 P. C. 553; 4 Wash. C. C. (U. S.) 700. 
 
 In a recent English case, Mr. Baron 
 Parke said that this definition, which was 
 the most complete of any, was defective, in 
 not stating what 'is the meaning of the 
 word "felonious," which, he said, "may be 
 explained to mean that there is no color of 
 right or excuse for the act; and the 'in- 
 tent' must be to deprive the owner, not tem- 
 porarily, but permanently, of his property." 
 2 Car. & K. 942; 1 Den. C. C. 370; Tempi. 
 & M. C. C. 40. It is safer to be guided by 
 the cases than by the definitions given by 
 text writers. 
 
 Larceny is of two kinds, namely, simple 
 larceny, and compound larceny. 
 
 (1) Simple larceny at common law is the 
 taking and carrying away of the mere per- 
 sonal goods of another of any value, from 
 any place, with a felonious intent to steal 
 the same. This definition includes the fol- 
 lowing elements: 
 
 (a) The subject of the offense must be 
 the mere personal goods of another, though, 
 at common law, other things are made the 
 subject of larceny by statute. 
 
 Therefore — 
 
 (i) It must be personal, as distinguished 
 from real property. 
 
 (ii) It must be something which the law 
 recognizes as property, and the subject of 
 ownership. 
 
 (iii) It must be of some value; but the 
 least value to the owner is sufficient 
 
 (iv) It must be the property of another; 
 but a special property in another is sufB- 
 cient, even as against the general owner; 
 
LARCENY BY BAILEE 
 
 587 
 
 LAST WILL 
 
 and mere possession Is enough as against 
 others than the owner. 
 
 (b) The goods must be taken, and the 
 taking must be under such circuipstances 
 as to amount technically to a trespass. 
 
 (c) There must be some asportation or 
 carrying away of the goods. 
 
 (d) Both the taking and the carrying 
 away must be with a felonious intent, — an 
 intent to steal, — existing at the time. 
 
 Grand and petit larceny. By statute in 
 some jurisdictions, larceny has been divided, 
 according to the value of the property or 
 other circumstances, into grand larceny and 
 petit larceny. 
 
 (2) Compound larcenies are larcenies 
 committed under certain aggravating cir- 
 cumstances. Thus : 
 
 (a) At common law, robbery, which is 
 larceny from the person or in the presence 
 of another by violence, or by putting him 
 in fear, is a compound larceny. 
 
 (b) By statute in most jurisdictions, it 
 is a compound larceny, punished more se- 
 verely than simple larceny, to steal (1) 
 from the person of another, or (2) from a 
 dwelling house, or certain other places 
 specified in the statute. 2 Clark & Mar- 
 shall, Crimes, 649. 
 
 LARCENY BY BAILEE. A statutory of- 
 fense existing in one or two states, consist- 
 ing of the fraudulent conversion of prop- 
 erty by a bailee thereof. The offense is 
 covered by the ordinary statutes against 
 embezzlement. 
 
 LARGE (Law Fr.) Broad; the opposite of 
 estreyte, strait or strict. Pures et la/rges. 
 Britt. c. 34. 
 
 LARGURE. {LargeuT. Law Fr. from 
 large.) Breadth. According to the breadth 
 and length. Britt. c. 63, c. 103. 
 
 LARGUS. (Lat.) Large; broad; compre- 
 hensive. Bract, fol. 37b. 
 
 LARON, or LARUN. In old English law. 
 A thief; thieves. Petits larons, petty thieves. 
 Britt. c. 29. 
 
 LAS PARTI DAS. The name of a code of 
 Spanish law. It is sometimes called las siete 
 partidas, or the seven parts, from the num- 
 ber of its principal divisions. It is a com- 
 pilation from the civil law, the customary 
 law of Spain, and the canon law. It was 
 compiled by four Spanish jurisconsults, un- 
 der the eye of Alphonso X., A. D. 1250, and 
 published in Castille in 1263, but first pro- 
 mulgated as law by Alphonso XL, A. D. 
 1348. The maritime law contained in it is 
 given in volume 6, Pardessus, Col. Mar. 
 Law. He follows the edition of 1807, at 
 Paris. It has been translated into Eng- 
 lish. Such of its provisions as are ap- 
 plicable are in force in Florida, Louisiana, 
 and Texas. 1 Bl. Comm. 66; 1 White, New 
 Recop. 354. 
 
 LASCIVIOUS CARRIAGE. In Connecti- 
 cut. A term including those wanton acts 
 between persons of different sexes, who are 
 not married to each other, that flow from 
 the exercise of lustful passions, and which 
 are not otherwise punished as crimes 
 against chastity and public decency. 2 
 Swift, pig. 343; 2 Swift, Syst. 331. 
 
 Lascivious carriage may consist not only 
 in mutual acts of wanton and indecent fa- 
 miliarity between persons of different sexes, 
 but in wanton and indecent actions against 
 the will and without the consent of one of 
 them; as, if a man should forcibly attempt 
 to pull up the clothes of a woman. 5 Day 
 (Conn.) 81. 
 
 LASHITE, or LASHLITE. A kind of for- 
 feiture during the government of the Danes 
 in England. Enc. Lond. 
 
 LAST (Law Lat. lastus, lestus). In Eng- 
 lish law. A burden; a weight or measure 
 of various commodities, as of pitch, hides, 
 fish, com, wool, leather, etc. Cowell. 
 
 LAST ANTECEDENT. The last ante- 
 cedent is the last word which can be made 
 an antecedent, without impairing the mean- 
 ing of a sentence. 190 Mich, 313. 
 
 LAST COURT. A court held by the twen- 
 ty-four jurats in the marshes of Kent, and 
 summoned by the bailiffs, whereby orders 
 were made to lay and levy taxes, impose 
 penalties, etc., for the preservation of the 
 said marshes. Enc. Lond. 
 
 LAST HEIR. He to whom the lands come 
 if they escheat for want of lawful heirs, 
 viz., sometimes the lord of whom the lands 
 are held, sometimes the king. Bracton, lib. 
 5, c. 17. 
 
 LAST RESORT. A court from which 
 there is no appeal is called the "court of 
 last resort." 
 
 LAST SICKNESS. That of which a per- 
 son dies. The last sickness includes the 
 whole of the sickness of which the person 
 dies, no matter of how long duration. 8 Me. 
 167. 
 
 The expenses of this sickness are gener- 
 ally entitled to a preference in payment of 
 debts of an insolvent estate. Civ. Code La. 
 art. 3166. 
 
 To prevent impositions, the statute of 
 frauds requires that nuncupative wills shall 
 be made during the testator's last sickness. 
 Roberts, Frauds, 556; 20 Johns. (N Y) 
 502. 
 
 LAST WILL (Lat. ultima voluntas). A 
 disposition of real estate, to take effect 
 after death. 
 
 It is strictly distinguishable from "testa- 
 ment," which is applied to personal estate 
 (1 Williams, Ex'rs, 6, note [b] Am. Notes) ; 
 but the words are generally used together, 
 "last will and testament," in a will, whether 
 real or personal estate is to be disposed of. 
 
LASTAGE, or LESTAGE 
 
 588 
 
 LATIN 
 
 Those words do not, of themselves, revoke 
 a former wiU, 9 Moo. P. C. 181; 5 D. G. M. 
 & G. 704; 23 L. J. Ch. 838; but may be 
 confirmatory proof of "an intention to re- 
 voke. 16 Bea. 173; 22 L, J. ch. 185; 1 W. 
 R. 3. See "Will." 
 
 LASTAGE, or LESTAGE. A custom ex- 
 acted in some fairs and markets to carry 
 things bought whither one will. But it is 
 more accurately taken for the ballast or 
 lading of a ship. Also custom paid for 
 wares sold by the last, as herrings, pitch, 
 etc. 
 
 LATA CULPA DOLO AEQUIPARATUR. 
 Gross negligence is equal to fraud. 
 
 LATE. Recently; last. 
 Defunct. 17 Ala. 190. 
 
 7 Cal. 226. 
 
 LATELY. This word has been held to 
 have "a very large retrospect, as we say 
 'lately deceased' of one dead ten or twenty 
 years." 2 Show. 294. 
 
 LATENS (Lat. from latere, to lie hid). 
 Latent; hidden; not apparent. 
 
 LATENT AMBIGUITY. One which does 
 not appear from the words of an instru- 
 ment, but only from the application of the 
 words to the subject matter. See 117 U. S. 
 221. 
 
 A latent ambiguity may arise from the 
 fact that there are two or more persons or 
 objects tojwhich a perfect description will 
 apply. Thus, where lands were conveyed to 
 one by name, and it appeared that therfe 
 were two of that name, it was held a latent 
 ambiguity. 131 Mass. 179. Or it may arise 
 from a misdescription not apparent on the 
 face of the instrument, whereby two per- 
 sons or objects or none at all are described. 
 117 U. S. 221. 
 
 A mere mistake in a description, whereby 
 it is made to apply to something other than 
 was intended, is not an ambiguity. 11 Johns. 
 (N. Y.) 201. 
 
 LATENT DEED. One kept for twenty 
 years or more in a man's scrutoire or strong 
 box, accompanied by no distinctive posses- 
 sion. 7 N. J. Law, 177. 
 
 LATENT DEFECT. One not discoverable 
 by external examination. 13 N. Y. 9. 
 
 The term is used both in personal injury 
 law, and in the law of sales. 
 
 In Personal Injury Law. An employee 
 
 (108 Ind. 286) and a fortiqri a third person 
 is not bound to take notice of latent de- 
 fects, while the owner of the defective ap- 
 pliance is bound to use due care and dili- 
 gence to discover the same, if it can be 
 done by any appropriate test (Wood, Mast. 
 & S. I 368) ; while a carrier is held to 
 every test dictated by the utmost possible 
 care (119 Mass. 412). 
 
 In the Law of Sales. A seller is 
 
 bound to disclose latent defects known to 
 him, but does not impliedly warrant against 
 
 latent defects except under peculiar <dt^ 
 cumstances, as where the goods are of his 
 own manufacture. 21 N. Y. 552. 
 
 LATERAL SUPPORT. The support of 
 land by the adjoining land; so called in con- 
 tradistinction from "subjacent support," 
 that of the soil beneath. The right to such 
 lateral support exists as a natural inci- 
 dent of real property (25 N. J. Law, 366; 
 122 Mass. 199) ; and an adjoining land- 
 owner who, by excavation on his own land, 
 removes such lateral support, is liable in 
 damages (135 Mass. 150; 57 Minn. 493). 
 
 LATERARE (Law Lat. from latm, a 
 side). In old English law. To lie side- 
 ways; literally, to side; the opposite of capir 
 tare, to head or abut. Cowell. See "Capi- 
 tare." 
 
 LATHE, or LATH (Law Lat. laestrum or 
 leda). A division of certain counties in 
 England, intermediate between a county or 
 shire and a hundred, sometimes containing 
 three or four hundreds, as in Kent and Sus- 
 sex. Cowell. But in Sussex the word used 
 for this division is "rape." 1 Bl. Comm. 
 116. There was formerly a lathe reeve or 
 bailiff in each lathe. Id. This division in- 
 to lathes continues to the present day. See 
 12 East, 244. In Ireland, the lathe was in- 
 termediate between the tjrthing and the hun- 
 dred. Spencer, Ireland. See Termes de la 
 Ley. 
 
 LATHE REEVE, LATHREVE, or LEID- 
 greve (Saxon.) An ofllcer under the Saxon 
 government, who had authority over a lathe. 
 Cowell; 1 Bl. Comm. 116. 
 
 LATIDEMEO. In Spanish law. The tax 
 paid by the possessor of land held by quit 
 rent or emphyteusis to the ovyner of the 
 estate, when the tenant alienates his right 
 in the property. 
 
 LATIFUNDIUM (Lat.) In civil law. Great 
 or large possessions; a great or large field; 
 a common. Ainsworth. A great estate maide 
 up of smaller ones (fundus), which began 
 to be common in the latter times of the em- 
 pire. Schmidt, Civ. Law, Introd. p. 17. 
 
 LATIFUNDUS (Lat. late possidens). A 
 possessor of a large estate made up of 
 smaller ones. Du Cange. 
 
 LATIN. An important language in the 
 law; being the language not only of the , 
 civil and canon law, but of the early Euro- 
 pean codes, of much of the ancient common 
 law of England and Scotland, and of a large 
 proportion of the public, civil and maritime 
 law of later times. The Code and Insti- 
 tutes exhibit the language in the periods of 
 its decline and decay, and the Latin of 
 most of the subsequent law belongs to that 
 peculiar and technical dialect known as low 
 Latin, or law Latin. The value of the Latin 
 has always consisted in its peculiar ex- 
 pressiveness as a language of law terms. 
 
LATINI JUNIANI 
 
 589 
 
 LAW 
 
 in its superior conciseness which has made 
 it the appropriate language of law max- 
 ims, and in its almost unlimited capacity 
 of condensation by means of abbreviations 
 and contractions, many of which are re- 
 tained in popular use at the present day. 
 
 LATINI JUNIANI (Lat.) In Roman law. 
 A class of f reedmen {libertim) intermediate 
 between the two other classes of freedmen 
 called, respectively, "Gives Romani" and 
 "DediticU." Slaves under thirty years of 
 age at the date of their manumission, or 
 manumitted otherwise than by vindicta, 
 census, or testwmentum, or not the quiri- 
 tary property of their manumissors at the 
 time of manumission, were called "Latini." 
 By reason of one or other of these three 
 defects, they remained slaves by strict law 
 even after their manumission, but were 
 protected in their liberties first by equity, 
 and eventually by the Lex Junia Norbana, 
 A. D. 19, from which law they took the 
 name of "Juniani" in addition to that of 
 "Latini." Brown. 
 
 LATITAT (Lat. he lies hid.) In English 
 law. The name of a writ calling a defend- 
 ant to answer to a personal action in the 
 king's bench. It derives its name from a 
 supposition that the defendant lurks and 
 lies hid, and cannot be found in the county 
 of Middlesex (in which the said court is 
 holden) to be taken there, but is gone into 
 some other county, and therefore requiring 
 the sheriff to apprehend him in such other 
 county. Fitzh. Nat. Brev. 78. 
 
 LATITATIO. In the civil law and old 
 English practice. A lying hid; lurking, or 
 concealment of the person. Dig. 42. 4. 7. 5 ; 
 Bracton, fol. 126. 
 
 LATRO. In the civil and old English law. 
 A robber. Dig. 50. 16. 118; Fleta, lib. 1, c. 
 38, § 1. A thief. 
 
 LATROCINATION. The act of robbing; a 
 depredation. 
 
 LATROCINIUM. Larceny or theft. Reg. 
 Orig. 268b. 
 
 A thing stolen. Fleta, lib. 1, c. 38, § 7. 
 
 The liberty of infangthef, or privilege of 
 judging and executing thieves. 
 
 LATROCINY. Larceny. 
 
 LAUDARE. 
 
 In Civil Law. To name; to cite or 
 
 qfuote; to show one's title or authority. Calv. 
 Lex. 
 
 In Feudal Law. To determine or pass 
 
 upon judicially. Feud. lib. 1, tit. 22. Latt- 
 dcmientum, the finding or award of a jury. 
 2 Bl. Comm. 285. 
 
 LAUDATIO. In Roman law. Testimony 
 adduced in favor of the character of an ac- 
 cused person. Halifax, Anal. bk. 3, c 13. 
 
 LAUDATOR. A witness to the good char- 
 acter of an accused person. 
 
 LAUDEMIUM, or LAUDATIOREM (Lat. 
 a laudando domino) . A fiftieth part of the 
 purchase money, or (if no Bale) of the 
 value of the estate • paid to the landlord 
 {dominus) by a new emphyteuta on his suc- 
 cession to the estate, not as heir, but as 
 singular successor. Voet. Com. ad Pand. lib. 
 6, tit. 3, §§ 26-35: Mackeld. Civ, Law, 297. 
 
 In Old English Law, The tenant paid 
 
 a laudemium or acknowledgment money to 
 new landlord on the death of the old. See 
 Blount, "Acknowledgment Money." 
 
 LAUDUM. An arbitrament or award. Ra- 
 palje & L. 
 
 In Old Scotch Law. Sentence or Judg- 
 ment; dome or doom. 1 Pitc Crim. Tr. pt 
 2, p. 8. 
 
 LAUGEMANNI (Law Lat.) Lords of man- 
 ors, according to Coke's definition, who 
 writes the word launemannL Domesday 
 Book; Co. Litt. 5a. 
 
 LAUGH E. Frank pledge. 2 Reeve, Hist. 
 Eng. Law, 17. 
 
 LAUGHLESMAN (Saxon). In old English 
 law. An outlaw. Bracton, fol. 125. 
 
 LAUNCEGAY. A kind of offensive weap- 
 on, now disused, and prohibited by 7 Rich. 
 IL c. 13. 
 
 LAUNCH. The movement by which a 
 ship or boat descends from the shore into 
 the water when she is first built, or after- 
 wards. 
 
 A large, long, low, flat-bottomed boat. 
 Mar. Diet. The long-boat of a ship; a small 
 vessel employed to carry the cargo of a 
 large one to and from the shore. 
 
 LAUS DEO (Lat.) Praise be to God. An 
 old heading to bills of exchange. West, 
 Symb. pt. 1, lib. 2, S 660. 
 
 LAVOR NUEVA (Spanish). In Spanish 
 law. A new work. Las Partidas, pt. 8, tit. 
 32, lib. 1. 
 
 LAW. That which is established; a rule 
 or method of action. 
 
 A distinction is to be observed in the out- 
 set between the abstract and the concrete 
 meaning of the word. In the broadest sense 
 which it bears when used in the abstract 
 law, it is the science which treats of the 
 theory of government. 
 
 In a stricter sense, but still in the ab- 
 stract, it is the aggregate of those rules 
 and principles enforced and sanctioned by 
 the governing power in a community, and 
 according to which it regulates, limits, and 
 protects the conduct of members of the 
 community. In the abstract sense, it in- 
 cludes the decisions of courts^ 164 Wis. 
 228. 
 
 Used in the concrete, law Is a rule of ac- 
 tion prescribed by a superior. 1 Bl. Comm. 
 38. 
 
LAW 
 
 590 
 
 LAW FRENCH 
 
 In a stricter concrete sense, it is a rule 
 of civil conduct prescribed by the supreme 
 power in a state. 1 Steph. Comm. 25. 
 
 In the strictest sense, it is a statute; a 
 rule prescribed by the legislative power. 10 
 Pet. (U. S.) 18. 
 
 Used without an article prefixed, the ab- 
 stract sense is generally intended; with an 
 article, the sense is usually concrete. 
 
 Law is used to denote the system of the 
 common law, as distinguished from equity. 
 See "Equity." 
 
 It is also used in contradistinction to 
 "fact." See "In Law." 
 
 Arbitrary law. A law or provision of law 
 so far removed from considerations of ab- 
 stract justice that it is necessarily founded 
 on the mere will of the law-making power, 
 so that it is rather a rule established than a 
 principle declared. The principle that an 
 infant shall not be bound by his contract 
 is not arbitrary; but the rule that the limit 
 of infancy shall be twenty-one years, not 
 twenty nor twenty-two, is arbitrary. 
 
 The term is also sometimes used to sig- 
 nify an unreasonable law, — one that is in 
 violation of justice. 
 
 Irrevocable laws. All laws which have 
 not in their nature or in their language 
 some limit or termination provided are, in 
 theory, perpetual; but the perpetuity is lia- 
 ble to be defeated by subsequent abrogation. 
 It has sometimes been attempted to secure 
 an aJasolute perpetuity by an express pro- 
 vision forbidding any abrogation. But it 
 may well be questioned whether one gen- 
 eration has power to bind their posterity 
 by an irrevocable law. See this subject dis- 
 cussed by Benth. Works, vol. 2, pp. 402-407; 
 and see Dwarr. St. 479. 
 
 Municipal law is a system of law proper 
 to any single state, nation, or community. 
 See "Municipal Law." 
 
 Penal law is one which inflicts a penalty 
 for its violation. 
 
 Positive law is the system naturally es- 
 tablished by a community, in distinction 
 from "natural law." 
 
 A private law is one which relates to pri- 
 vate matters which do not concern the pub- 
 lic at large. 
 
 A prospective law or statute is one which 
 applies only to cases arising after its enact- 
 ment, and does not affect that which is al- 
 ready past. 
 
 A public law is one which affects the pub- 
 lic, either generally or in some classes. 
 
 A retrospective law or statute is one that 
 turns backward to alter that which is past, 
 or to affect men in relation to their conduct 
 before its enactment. These are also called 
 "retroactive law." In general, whenever a 
 retroactive statute would take away vested 
 rights, or impair the obligation of contracts, 
 it is in so far void. 3 Dall. (Pa.) 391. But 
 laws which only vary the remedies, or mere- 
 ly cure a defect in proceedings otherwise 
 fair, are valid. 10 Serg. & R. (Pa.) 102, 
 103; 15 Serg. & R. (Pa.) 72; 2 Pet. (U. S.) 
 
 380, 627; 8 Pet. (U. S.) 88; 11 Pet. (U 
 S.) 420. See "Ex Post Facto." 
 
 For matters' peculiar to the following 
 classes of laws, see their several titles* 
 "Adjective Law"; "Brehon Law"; "Bretts 
 and Scotts, Laws of the"; "Canon Law"- 
 "Civil Law"; "Code"; "Colonial Laws"| 
 "Commercial Law"; "Consuetudinary 
 Law"; "Corn Laws"; "Criminal Law"; 
 "Crown Law"; "Ecclesiastical Law"; "Ex 
 Post Facto Law"; "Fecial Law"; "Feudal 
 Law"; "Foreign Law"; "Game Laws"; 
 "Hindu Law"; "Insolvency"; "Laws of 
 Oleron"; "Military Laws"; "Retrospective 
 Law"; "Rhodian Laws." 
 
 LAW ALWAYS CONSTRUETH THINGS 
 
 to the best. Wingate, Max. p. 720, max. 193. 
 
 LAW BORGH. In old Scotch law. A 
 pledge or surety for appearance. 
 
 LAW BURROWS. In Scotch law. Secu- 
 rity for the peaceful behavior of a party; 
 security to keep the peace. This process 
 was much resorted to by the government of 
 Charles II. for political purposes. 
 
 LAW CHARGES. In Louisiana. Costs. 
 
 LAW COURT OF APPEALS. In Ameri- 
 can law. An appellate tribunal, in the 
 state of South Carolina, for hearing ap- 
 peals from the courts of law. 
 
 LAW DAY. The day fixed in a mortgage 
 or defeasible deed for the payment of the 
 debt secured. 24 Ala. (N. S.) 149; 10 Conn. 
 280. 
 
 The phrase formerly marked the time 
 when all legal rights were lost by the mort- 
 gagor's default. There is now no such time, 
 until foreclosure; and the term serves only 
 to engender confusion. 21 N. Y. 343, 345, 
 365, 367. 
 
 In Old English Law. Law day or lage 
 
 day denoted a day of open court; especially 
 the more solemn courts of a county or hun- 
 dred. The court leet, or view of frank- 
 pledge. 
 
 LAW FRENCH. Prom the time of Wil- 
 liam the Norman down to that of Ed- 
 ward III., all public proceedings and docu- 
 ments in England, including the records of 
 the courts, the arguments of counsel, and 
 the decisions of the judges, were in the 
 language of the Norman French. After 
 Latin and English were substituted in the 
 records and proceedings, howeVer, the cases 
 and decisions continued until the close 
 of the seventeenth century to be reported 
 in French; the first reports published 
 in England being those of Style, in 1658. 
 The statutes of the reign of Henry III., 
 and some of the subsequent reigns, are 
 partly or wholly in this language; but Eng- 
 lish was substituted in the reign of Henry 
 VII. Of the law treatises in French, the 
 Mirrour and Britton, and the works of Lit- 
 tleton, may be mentioned. 
 
LAW LATIN 
 
 591 
 
 LAW OF THE FLAG 
 
 LAW LATIN. Edward III. substituted the 
 Latin language for the Norman French in 
 the records, and the English in other pro- 
 ceedings. The Latin was used by virtue of 
 its being the language of scholars of all 
 European nations; but, in order to adapt it 
 to the purposes of the profession, the Eng- 
 lish terms of legal art in most frequent use 
 ■were Latinized by the simple addition of a 
 "Latin termination, and the diverse vocabu- 
 lary thus collected was arranged in English 
 idioms. But this barbarous dialect com- 
 mended itself by a semblance of scholarly 
 sound, and more by the precision which at- 
 taches to technical terms that are never 
 used in popular language. During the time 
 of Cromwell, English was used; but with 
 the restoration Latin was reinstated, and 
 held its place till 4 Geo. II. c. 26, when it 
 was enacted that, since the common people 
 ought to know what was done for and 
 against them, proceedings should be in Eng- 
 lish. It was found, however, that certain 
 technical terms had become so fixed that, by 
 a subsequent act, such words were allowed 
 to continue in use. 6 Geo. II. c. 14. Hence 
 a large class of Latin words are still in use 
 of which nisi prius, habeas corpus, lis pen- 
 dens, are examples. Consult 3 Bl. Comm. 
 318-323, and as to particular words and 
 phrases, Termes de la Ley; Taylor; Law 
 French & Law Latin Diet.; Kelham; Du 
 Cange. 
 
 LAW LIST. An annual English publica- 
 tion of a quasi official character, comprising 
 various statistics of interest in connection 
 with the legal profession. It includes 
 (among other information) the following 
 matters: A list of judges, queen's counsel, 
 and Serjeants at law; the judges of the 
 county courts; benchers of the inns of court; 
 barristers, in alphabetical order; the names 
 of counsel practicing in the several circuits 
 of England and Wales; London attorneys; 
 county attorneys; officers of the courts of 
 chancery and common law; the magistrates 
 and law officers of the city of London; the 
 metropolitan magistrates and police; re- 
 corders; county court ofRcecB and circuits; 
 lord lieutenants and sheriffs ; colonial judges 
 and officers; public notaries. Mozley & W. 
 
 LAW LORDS. Peers in the British parlia- 
 ment who have held high judicial office, or 
 have been distinguished in the legal profes- 
 sion. Mozley & W. 
 
 LAW MARTIAL. The military law or ar- 
 ticles of war. 
 
 LAW MERCHANT. 
 
 In England. The general body of com- 
 mercial usages in matters relative to com- 
 merce. Blackstone calls it the "custom of 
 merchants," and ranks it under the head of 
 the particular customs of England, which 
 go to make up the great body of the common 
 law. 1 Bl. Comm. 75. Since, however, its 
 character is not local, nor its obligation con- 
 fined to a particular district, it cannot with 
 
 propriety be considered as a "custom" in the 
 technical sense. 1 Steph. Comm. 54. It is a 
 system of law which does not rest exclusive- 
 ly on the positive institutions and local cus- 
 toms of any particular country, but consists 
 of certain principles of equity and usages 
 of trade which general convenience and a 
 common sense of justice have established, to 
 regulate the dealings of merchants and 
 mariners in all the commercial countries of 
 the civilized world. 3 Kent, Comm. 2. 
 
 In the United States. The law mer- 
 chant of England, consisting of the body of 
 usages, the decisions of the English courts 
 construing the same, and statutes confirm- 
 ing and modifying the same prior to the 
 Declaration of Independence, are a part of 
 the common law of the United States. 19 
 111. 598; 1 Morris (Iowa) 128. 
 
 LAW OF ARMS. That law which gives 
 precepts and rules concerning war, how to 
 make and observe leagues and truce, to pun- 
 ish offenders in the camp, and such like. 
 Cowell ; Blount. Now more commonly called 
 the "law of war." 
 
 LAW OF CITATIONS. In Roman law. An 
 act of Valentinian, passed A. D. 426, provid- 
 ing that the writings of only five jurists, 
 viz., Papinian, Paul, Gains, Ulpian, and Mo- 
 destinus, should be quoted as authorities. 
 The majority was binding on the judge. If 
 they were equally divided, the opinion of 
 Papinian was to prevail, and in such a case, 
 if Papinian was silent upon the matter, then 
 the judge was free to follow his own view 
 of the matter. Brown. 
 
 LAW OF MARQUE. Law authorizing re- 
 prisal against the goods of another, where 
 justice cannot be had in ordinary course. 
 See "Letter of Marque and Reprisal." 
 
 LAW OF NATIONS. 
 
 Law." 
 
 See "International 
 
 LAW OF NATURE. That law which God, 
 the sovereign of the universe, has prescribed 
 to all men, not by any formal promulga- 
 tion, but by the internal dictate of reason 
 alone. It is discovered by a just considera- 
 tion of the agreeableness or disagreeable- 
 ness of human actions to the nature of man, 
 and it comprehends all the duties which we 
 owe either to the Supreme Being, to our- 
 selves, or to our neighbors; as, reverence 
 to God, self-defense, temperance, honor to 
 our parents, benevolence to all, a strict ad- 
 herence to our engagements, gratitude, and 
 the like. Ersk. Prac. Scotch Law, 1. 1. 1. 
 See Ayliffe, Pand. tit. 2, p. 2; Cicero, de 
 Leg. lib. 1. 
 
 The primitive laws of nature may be re- 
 duced to six, namely, comparative sagacity, 
 or reason; self-love; the attraction of the 
 sexes to each other; the tenderness of par- 
 ents towards their children; the religious 
 sentiment; sociability. See "Jus Naturale." 
 
 LAW OF THE FLAG. The flag Is used, 
 in the prosecution of commerce upon the 
 
LAW OF THE LAND 
 
 592 
 
 LAY CORPORATION 
 
 high seas, as a symbol of nationality. Tha 
 nationality of a ship is determined by the 
 flag which it carries. A ship, navigating 
 under the flag and pass of a foreign coun- 
 try, is to be considered as bearing the na- 
 tional character of the country under whose 
 flag she sails. Under what is called, in in- 
 ternational law, "the law of the flag," a ship- 
 owner who sends his vessel into a foreign 
 port gives notice by his flag to all who enter 
 into contracts with the ship-master, that he 
 intends the law. of that flag to regulate those 
 contracts, and that they must either submit 
 to its operation or not contract with him or 
 his agent at all. 185 111. 144. 
 
 LAW OF THE LAND. The law of the 
 land, has been defined to be the general 
 law; a law which hears before it condemns; 
 which proceeds upon inquiry, and renders 
 judgment only after trial. The meaning is 
 that every citizen shall hold his life, liberty, 
 property, and immunities, under the protec- 
 tion of the general rules which govern so- 
 ciety. Everything, which may pass under 
 the form of an enactment is not, therefore, 
 to be considered the law of the land. 207 
 HI. 368. 
 
 Lord Coke says that the words "by the 
 law of the land," mean by the course and 
 process of law by indictment or present- 
 ment of good and lawful men, where such 
 deeds be done in due manner or by original 
 writ of the common law. 20 Barb. (N. Y.) 
 199. 
 
 Due process of law (q. v.). 2 Yerg. 
 (Tenn.) 50; 6 Pa. St. 86; 4 Hill (N. Y.) 
 140. 
 
 LAW OF THE ROAD. The rules of law 
 regulating the conduct of persons on high- 
 ways to avoid collision with or other injury 
 to other persons thereon. It cannot be 
 stated in rules, but is a general duty to 
 observe in speed, vigilance, etc., what due 
 and ordinary care may require under the 
 circumstances of the particular case. An 
 illustration is that meeting vehicles should 
 each turn to the right of the center of the 
 road X28 Mich. 32; 195 Pa. St. 190), though 
 nonobservance may be justified by circum- 
 stances (9 App. Div. [N. Y.] 68), and the 
 rule does not apply as between vehicles and 
 pedestrians (147 Mo. 679). 
 
 LAW OF THE STAPLE. See "Law Mer- 
 chant" 
 
 LAW SPIRITUAL. The ecclesiastical law, 
 or law Christian. Co. Litt. 344. 
 
 LAW WORTHY. Being entitled to, or 
 having the benefit and protection of, the 
 law. 
 
 LAWFUL. Legal; that which is not con- 
 trary to law; that which is sanctioned or 
 permitted by law; that which is in accord- 
 ance with law. 101 111. 215. The terms 
 "lawful," "unlawful," and "illegal" are used 
 with reference to that which is in its sub- 
 
 stance sanctioned or prohibited by the law. 
 The tetrm "legal" is occasionally used with 
 reference to matters of form alone. Thus, 
 an oral agreement to convey land, though 
 void by law, is not properly to be said to be 
 unlawful, because there is no violation of 
 law In making or in performing such an 
 agreement; but It is said to be not legal, or 
 not in lawful form, because the law will 
 not enforce it, for want of that written 
 evidence required in puch cases. 
 
 LAWFUL AGE. Majority; usually the age 
 of twenty-one years. 
 
 LAWFUL MAN. A freeman, unattainted, 
 and capable of bearing oath; a legalis homo, 
 
 LAWFUL MONEY. Money which is a le- 
 gal tender in payment of debts; a. g., gold 
 and silver coined at the mint. 2 Salk. 446; 
 5 Mod. 7; 3 Ind. 358; 2 How. (U. S.) 244; 
 3 How. (U. S.) 717; 16 Ark. 83. See 1 
 Hempst. (U. S.) 236. 
 
 LAWINQ OF DOGS. Mutilating the fore- 
 feet of mastiffs, to prevent them from run- 
 ning after deer. 3 Bl. Comm. 71. 
 
 LAWLESS COURT. An ancient local Eng- 
 lish court, said to have been held in Essex 
 once a year, at cock crowing, without a 
 light or pen and ink, and conducted in a 
 whisper. 
 
 LAWLESS MAN. An outlaw. 
 
 LAWS OF OLERON. A maritime code 
 said to have been drawn up by Richard I. 
 at the Isle of Oleron, whence its, name. See 
 Fed. Cas. vol. 30, Appendix, for a copy. 
 
 LAWSUIT. An action at law, or litiga- 
 tion. 
 
 LAWYER. One skilled in the law. 
 A popular term for a person engaged in 
 the practice of law. See "Attorney." 
 
 LAY. 
 
 In English Law. That which relates 
 
 to persons or things not ecclesiastical. In 
 the United States, the people are not by law 
 divided, as in England, into ecclesiastical 
 and lay. The law makes no distinction be- 
 tween them. 
 
 In Pleading. To state or to allege. 
 
 The place from whence a jury are to be 
 suinmoned is called the "venue," and the al- 
 legation in the declaration of the place 
 where the jury is to be summoned is, in 
 technical language, said to "lay the venue." 
 3 Steph. Comm. 574; 3 Bouv. Inst, note 2826. 
 To state at the conclusion of a declaration 
 the amount of damages which the plaintiff 
 claims is to "lay damages." 
 
 LAY CORPORATION. A corporation com- 
 posed of lay persons, or for lay purposes. 
 Angell & A. Corp. 28-80; 1 Bl. Comm. 470. 
 
 According to the line of demarcation 
 drawn by Blackstone, all corporations other 
 than ecclesiastic are called "lay corpora- 
 
LAY DAMAGES 
 
 593 
 
 LEADING COUNSEL 
 
 tions." They are created for a variety of 
 temporal or secular purposes, and are ac- 
 cording to their object either eleemosynary 
 or civil. 1 Fletcher Cyclopedia Corporations 
 85. 
 
 LAY DAMAGES. See "Lay." 
 
 LAY DAYS. In maritime law. The time 
 allowed to the master of a vessel for loading 
 and unloading the same. In the absence of 
 any custom to the contrary, Sundays are to 
 be computed in the calculation of lay days 
 at the port of discharge. 10 Mees. & W. 
 331. See 3 Esp. 121. See "Demurrage." 
 
 LAY FEE. A fee held by ordinary feudal 
 tenure, as distinguished from the ecclesias- 
 tical tenure of frankalmoign, by which an 
 ecclesiastical corporation held of donor. 
 The tenure of frankalmoign is reserved by 
 St. 12 Car. II., which abolished military ten- 
 ures. 1 Bl. Comm. 101. 
 
 LAY IMPROPRIATOR. Lay rector, to 
 whom the greater tithes are reserved, the 
 lesser going to the vicar. 1 Burn, Ecc. Law, 
 75, 76. 
 
 LAY OUT. This has always been regard- 
 ed as an appropriate expression for the lo- 
 cation and establishment of a highway. 133 
 Mass. 329. 
 
 LAY PEOPLE. Jurymen. Finch, Law, 381. 
 
 LAYING THE VENUE. See "Lay." 
 
 LAYMAN. In ecclesiastical law. One who 
 is not an ecclesiastic nor a clergyman. 
 
 LAZARET, or LAZARETTO. A place, se- 
 lected by public authority, where vessels 
 coming from infected or unhealthy countries 
 are required to perform quarantine. 
 
 LE CONGRES. A species of proof on 
 charges of impotency in France, coitus co- 
 rani testibus. Abolished A. D. 1677. Ra- 
 palje & L. 
 
 LE CONTRAT FAIT LA LOI. The con- 
 tract makes the law. 
 
 LE GUIDON (or LE GUIDON DE LA 
 mer). The title of a celebrated French 
 treatise on the law of insurance, being the 
 earliest work extant on that subject. It 
 was prepared for the use of the merchants 
 of Eouen at least as early as the sixteenth 
 century, but its author's name has not been 
 preserved. Jt was published by Cleirac in 
 1671, in his collection entitled Les Us et Cou- 
 tumes de la Mer. 3 Kent, Comm. 346; 1 
 Buer, Ins. Introd. Disc. Lect. ii. 
 
 LE LEY DE DIEU ET LE LEY DE TER- 
 re sont tout un, et I'un et I'autre preferre et 
 favour le common et publique bien del terra. 
 The law of God and the law of the land 
 are all one, and both preserve and favor 
 the common and public good of the land. 
 Keilw. 191. 
 
 LE LEY EST LE PLUS HAUT ENHERI- 
 tance que le roy ad, car par le ley, II mesme 
 et touts ses sujets sont rules, et si le ley ne 
 fult, nul roy ne nul enheritance serra. The 
 law is the highest inheritance that the king 
 possesses; for by the law both he and all 
 his subjects are ruled; and, if there were 
 no law, there would be neither king nor in- 
 heritance. 
 
 LE ROI LE VEUT. The king assents. 
 This is the formula used in England, and 
 formerly in France, when the king approved 
 of a bill passed by the legislature. 1 Toul- 
 lier, Dr. Civ. note 52. 
 
 LE ROI S'AVISERA. The king will con- 
 sider of it. This phrase is used by the Eng- 
 lish monarch when he gives his dissent to 
 an act passed by the lords and commons. 
 The same formula was used by the late king 
 of the French for the same purpose. 1 Toul- 
 lier. Dr. Civ. note 52. See "Veto." 
 
 LE ROI VEUT EN DELIBERER. The king 
 wijl deliberate on it. This is the formula 
 which the late French king used when he 
 intended to veto an act of the legislative 
 assembly. 1 TouUier, Dr. Civ. note 42. 
 
 LE ROY (or LA REINE) REMERCIE SES 
 loyal sujets, accepte leur benevolence, et 
 aussi le veut (Law Fr.) The king (or queen) 
 thanks his (or her) loyal subjects, accepts 
 their benevolence, and wills it to be so. 
 The form of the royal assent to a bill of 
 declaring the use of a fine; i. e., specifying 
 to whose use the fine shall inure before the 
 supply. 1 Bl. Comm. 184. 
 
 LEADING A USE. A term applied to deeds 
 declaring the use of a fine; that is, specify- 
 ing to whose use the fine shall inure before 
 the fine is levied. 2 Bl. Comm. 363. See 
 "Deed." 
 
 LEADING CASE. A case decided by a 
 court of last resort, which decides some par- 
 ticular point in question, and to which ref- 
 erence is constantly or frequently made, for 
 the purpose of determining the law in sim- 
 ilar questions. 
 
 Many elements go to the constitution of a 
 case as a leading case, among which are the 
 priority of the case, the character of the 
 court, the amount of consideration given to 
 the question, the freedom from collateral 
 matters or questions. The term is applied 
 to cases as leading either in a particular 
 state, or at common law. A very convenient 
 means of digesting the law upon any subject 
 is found to be the selection of a leading case 
 upon the subject, and an arrangement of 
 authorities illustrating the questions decid- 
 ed. See Bennett & H. Lead. Cr. Cas. ; Smith, 
 Lead. Cas.; Hare & W. Sel. Dec; White & 
 T, Lead. Cas.; and a variety of others. 
 
 LEADING COUNSEL. That one of two or 
 more counsel employed on the same side in 
 a cause who has the principal management 
 of the cause. So called as distinguished 
 from the other, who is called the "junior 
 counsel." 
 
LEADING QUESTION 
 
 594 
 
 LEASING MAKING 
 
 LEADING QUESTION. In practice. A 
 question which puts into the witness' mouth 
 the words to be echoed back, or plainly 
 suggests the answer which the interrogating 
 party desires or expects. 164 111. App. 612; 
 7 Serg. & B. (Pa.) 171; 4 Wend. (N. Y.) 
 247. In that case the examiner is said to 
 lead him to the answer. It la not always 
 easy to determine what is or is not a lead- 
 ing question. 
 
 These questions cannot, in general, be put 
 to a witness in his examination in chief. 3 
 Bin. (Pa.) 130; 6 Bin. (Pa ) 483; 1 Phil. 
 Ev. 221; 1 Starkie, Ev. 123. But, in an ex- 
 amination in chief, questions may be put to 
 lead the mind of the witness to the subject 
 of inquiry; and they are allowed when it 
 appears the witness wishes to conceal the 
 truth, or to favor the opposite party, or 
 where, from the nature of the case, the mind 
 of the witness cannot be directed to the sub- 
 ject of inquiry without a particular specifi- 
 cation of such subject. 1 Campb. 43; 1 
 Starkie, 100. 
 
 In cross-examinations, the examiner has 
 generally the right to put leading questions. 
 1 Starkie, Ev. 132; 3 Chit. Prac. 892; Rose. 
 Civ. Ev. 94; 3 Bouv. Inst, notes 3203, 3204. 
 
 LEAGUE. A measure of length, which 
 consists of three geographical miles. The 
 jurisdiction of the United States extends 
 into the sea a marine league. See Acts Con- 
 gress June 5, 1794 (1 Story, U. S. Laws, 352), 
 and April 20, 1818 (3 Story, U. S. Laws, 
 1694) ; 1 Wait, State Papers, 195. 
 
 In Criminal Law. A conspiracy to do 
 
 an unlawful act. The term is but little 
 used. 
 
 In International Law. An agreement 
 
 between states. Leagues between states are 
 of several kinds: First, leagues offensive 
 and defensive, by which two or more na- 
 tions agree not only to defend each other, 
 but to carry on war against their common 
 enemies. Second, defensive, but not offen- 
 sive, obliging each to defend the other 
 against any foreigp invasion. Third, 
 leagues of simple amity, by which one con- 
 tracts not to invade, injure, or offend the 
 other. This usually includes the liberty of 
 mutual commerce and trade, and the safe- 
 guard of merchants and traders in each 
 other's domain. Bac. Abr. "Prerogative" 
 (D 4). See "Confederacy;" "Conspiracy;" 
 "Truce;" "War." 
 
 LEAKAGE. The waste which has taken 
 place in liquids, by their escaping out of 
 the casks or vessels in which they were kept. 
 
 By Act March 2, 1799, § 59 (1 Story, U. S. 
 Laws, 625), it is provided that there be an 
 allowance of two per cent, for leakage on 
 the quantity which shall appear by the 
 gauge to be contained in any cask of liquors 
 subject to duty by the gallon, and ten jier 
 cent, on all beer, ale, and porter in bottles, 
 and five per cent, on all other liquors in 
 bottles, to be deducted from the invoice 
 quantity. In lieu of breakage; or it shall be 
 
 lawful to compute the duties on the actual 
 quantity, to be ascertained by tale, at the 
 option of the importer, to be made at 
 the time of entry. 
 
 LEAL. Loyal; that which belongs to the 
 law. 
 
 LEALTE (Law Fr.) Legality; the condi- 
 tion of a legalis homo, or lawful man. LL. 
 Gul. Conq. lib. 16. 
 
 LEAP YEAR. See "Bissextile." 
 
 LEARNED IN THE LAW. A qualification 
 usually prescribed by statute for judges and 
 district attorneys. Admission to the bar is 
 the only and conclusive test of legal learn- 
 ing wi,thin such a requirement. 12 S. D. 16. 
 
 LEASE. A contract by which a person 
 owning or controlling lands or tenements 
 permits another to occupy the same for a 
 period less than that to which the right of 
 the lessor extends. The person so permit- 
 ting the occupation of premises is called the 
 "lessor"; the person contracting for posses- 
 sion is called the "lessee." Regarded with 
 respect not to the making of the lease, but 
 of the relation created thereby, the parties 
 are known respectively as "landlord" and 
 "tenant." 
 
 LEASE AND RELEASE. A species of con- 
 veyance much used in England, consisting 
 theoretically of two instruments, but which 
 are practically united in the same instru- 
 ment. 
 
 It was invented by Sergeant Moore, soon 
 after the enactment of the statute of uses. 
 It is thus contrived: A lease, or rather 
 bargain and sale upon some pecuniary con- 
 sideration for one year, is made by the ten- 
 ant of the freehold to the lessee or bar- 
 gainee. This, without any enrollipent, makes 
 the bargainor stand seised to the use of the 
 bargainee, and vests in the bargainee 
 the use of the term for one year, and 
 then the statute immediately annexes the 
 possession. Being thus in possession, he is 
 capable of receiving a release of the free- 
 hold and reversion, which must be made to 
 the tenant in possession, and accordingly 
 the next day a release is granted to him. 
 
 The lease and release, when used as a 
 conveyance of the fee, have the joint opera- 
 tion of a single conveyance. 2 Bl. Comm. 
 339; 4 Kent, Comm. 482; Co. Litt. 207; 
 Cruise, Dig. tit. 32, c. 11. 
 
 LEASEHOLD. The estate held by virtue 
 of a lease. 
 
 For the various kinds of leasehold estates, 
 see "Tenancy." 
 
 LEASING MAKING. In Scotch law. Ver- 
 bal sedition, viz., slanderous and untrue 
 speeches to the disdain, reproach, and con- 
 tempt of his majesty, his council and pro- 
 ceedings, etc. Bell, Diet; Ersk. Inst. 4. 
 4. 29. 
 
LEAUTE 
 
 595 
 
 LEGACY 
 
 LEAUTE (Law Fr.) Legality; sufficiency 
 in law. Britt. c. 109. 
 
 LEAVE. To give or dispose of by will. 
 "The word 'leave,' as applied to the sub- 
 ject matter, prima facie means a disposi- 
 tion by will." 10 East, 438. 
 
 LEAVE AND LICENSE. A defense to an 
 action in trespass setting up the consent 
 of the plaintiff to the trespass complained 
 of. 
 
 LEAVE OF COURT. Permission granted 
 by the court to do something which, with- 
 out such permission, would not be allow- 
 able. 
 
 LECHERWITE, LAIRWITE, or LEGER- 
 wite. A fine for adultery or fornication, an- 
 ciently paid to the lords of certain manors. 
 4 Inst. ^06. 
 
 LECTOR DE LETRA ANTIQUA. In Span- 
 ish law. The person duly authorized by the 
 government to read and decipher ancient 
 documents and titles, in order to entitle 
 them to legal effect in courts of justice. 
 
 The importance of the functions of this 
 officer caused the queen of Spain to issue an 
 ordinance on the 2d of July, 1838, ordering 
 that no person should be permitted to exer- 
 cise it unless he justified, first, that he was 
 a man of good character; second, that he 
 was twenty-five years of age, and submitted 
 to a strict examination, justifying that he 
 was acquainted with the Latin language, 
 and especially with the idioms of it used in 
 writings and documents of the middle ages, 
 also with the Romance or ancient Castilian, 
 the Limousin, used in the ancient provinces 
 of Arragon, paleology, Spanish history and 
 chronology; and, third, that he could de- 
 cipher the ancient manuscripts preserved in 
 the archives of Spain, the ancient modes of 
 writing, and the changes introduced in it By 
 time. This examination to be conducted 
 under the superintendence of the Chefe Po- 
 litico, and the proces verbal forwarded to 
 the queen, together with the observations of 
 the board of examiners. Escriche, Die. Raz. 
 
 LEDE. (Law Fr.) Grievous. Kelham. 
 Afflicted; impaired or damaged in appear- 
 ance. 
 
 LEDENGE. (Law Fr.) Damaged. Kelham. 
 
 LEDER. (L. Fr.) To hurt. Ledera; shall 
 shall hurt. Ledez; hurt. Kelham. 
 
 LEDGER BOOK. In ecclesiastical law. 
 The name of a book kept in the prerogative 
 courts in England. It is considered as a roll 
 of the court, but, it seems, it cannot be read 
 in evidence. Bac. Abr. 
 
 LEDGREVIUS (Law Lat.) In old English 
 law. A lathe reeve, or chief officer of 
 lathe. Spelman. 
 
 LEES. (Law Fr. from lesser, to let.) A 
 lease. 
 
 A leash by which dogs were led. Yearb. 
 M. 18 Heri. VI. 6. 
 
 LEET. In English law. The name of a 
 court of criminal jurisdiction, formerly of 
 much importance, but latterly fallen into 
 disuse. See "Court Leet." 
 
 LEGA (Law Lat.) In old English law. 
 The alloy of money. Cowell; Blount. 
 
 A termination of the names of places in 
 old records, supposed by Spelman to sig- 
 nify "place." 
 
 LEGABILIS. In old English law. 
 which may be bequeathed. Cowell. 
 
 That 
 
 LEGACY. A gift by last will. The term 
 is more commonly applied to money or per- 
 sonal property, although sometimes used 
 with reference to a charge upon real estate. 
 2 Williams, Ex'rs, 947; 5 Term R. 716; 1 
 Burrows, 268; 7 Ves. 391, 522. 
 
 Absolute Legacy. One given without 
 
 condition, to vest immediately. 1 Vern. 254; 
 2 Vern. 181; 5 Ves. 461; 19 Ves. 86; Comyn, 
 Dig. "Chancery" (I 4). 
 
 —Additional Legacy. One given to a 
 legatee to whom a legacy has already been 
 given. It may be either by an increase in 
 a codicil of a prior legacy given in the will, 
 or by another legacy added to that already 
 given by the will. 6 Mod. 31; 2 Ves. Jr. 
 449; 3 Mer. 154. 
 
 Alternative Lagacy. One by which the 
 
 testator gives one of two or more things, 
 without designating which. 
 
 Conditional Legacy. A bequest whose 
 
 existence depends upon the happening or 
 not happening of some uncertain event, by 
 which it is either to take place or be de- 
 feated. 1 Rop. Leg. (3d Ed.) 645. 
 
 Demonstrative Legacy. A bequest of a 
 
 certain sum of money with reference to a 
 particular fund for payment. Williams, 
 Ex'rs, 995. 
 
 General Legacy. One so given as not 
 
 to amount to a bequest of a particular thing 
 or money of the testator, distinguished from 
 all others of the same kind. 1 Rop. Leg. 
 (3d Ed.) 170. 
 
 Indefinite Legacy. A bequest of things 
 
 which are not enumerated or ascertained as 
 to numbers or quantities; as, a bequest by 
 a testator of all his goods, all his stocks in 
 the funds. Lowndes, Leg. 84; Swinb. Wills, 
 485; Ambl. 641; 1 P. Wms. 697. 
 
 Lapsed Legacy. One which, in conse- 
 quence of the death of the legatee before the 
 testator, or before the period for vesting,' 
 has never vested. 
 
 Legacy for Life. One In which the 
 
 legatee is to enjoy the use of the legacy for 
 life. 
 
 Model Legacy. A bequest accompanied 
 
 with directions as to the mode in which it 
 should be applied for thfe legatee's benefit; 
 for example, a legacy to Titius to put him 
 an apprentice. 2 Vern. 431; Lowndes, Leg. 
 151. 
 
LEGAL 
 
 596 
 
 LEGATARIUS PARTIARIUS 
 
 -: — Pecuniary Legacy. One of money. Pe- 
 cuniary legacies are most usually general 
 legacies, but there may be a specific pecun- 
 iary legacy; for example, of the money in 
 a certain bag. 1 Rop. Leg. 150, note. 
 
 Residuary Legacy. A bequest of all 
 
 the testator's personal estate not otherwise 
 effectually disposed of by his will. Lowndes, 
 Leg. 10; Bac. Abr. "Legacies" (I). 
 
 Specific Legacy. A bequest of a speci- 
 fied part of the testator's personal estate, 
 distinguished from all others of the same 
 kind. 3 Beav. Rolls, 349. 
 
 LEGAL Opposed (1) to that which is un- 
 lawful; (2) to that which is equitable; (3) 
 to that which is actual. See "In Law." 
 
 As a prefix, it ordinarily implies sufficient 
 in point of law; thus, legal consideration, 
 legal debts, legal defenses, etc. 
 
 LEGAL ASSETS. Such property of a tes- 
 tator in the hands of his executor as is 
 liable to debts in temporal courts, and to 
 legacies in the spiritual by course of law. 
 Equitable assets are such as are liable only 
 by help of a court of equity. 2 Williams, 
 Ex'rs, 1408-1431 (Am. Notes). No such 
 distinction exists in Pennsylvania. 1 Ashm. 
 (Pa.) 347. See Story, Eq. Jur. § 551; 2 
 Jarm. Wills, 543. 
 
 LEGAL DEFINITIONS. Legal definitions 
 are, for the most part, inductive generali- 
 zations derived from our juridical exper- 
 ience; and, in order to be complete and 
 adequate, they must sum up the results of 
 all that experience, as they are to be found 
 in the special cases that belong to the class 
 to be defined. 1 Grant's Cases (Pa.) 328. 
 
 LEGAL ESTATE. One the right to which 
 may be enforced in a court of law. 
 
 It is distinguished from an equitable es- 
 tate, the right to which can be established 
 only in a court of equity. 2 Bouv. Inst, 
 note 1688. 
 
 The party who has the legal title has 
 alone the right to seek a remedy for a wrong 
 to his estate, in a court of law, though he 
 may have no beneficial interest in it. The 
 equitable owner is he who has not the legal 
 estate, but is entitled to the beneficial in- 
 terest. 
 
 The person who holds the legal estate for 
 the benefit of another is called a "trustee." 
 He who has the beneficiary interest and 
 does not hold the legal title is called the 
 "beneficiary," or, more technically, the cestui 
 que trust. 
 
 When the cestui que trust has a claim, 
 he must enforce his right in a court of 
 equity, for he cannot sue any one at law in 
 his own name (1 East, 497; 8 Term R. 
 332; 1 Saund. 158, note 1; 2 Bing. 20), still 
 less can he in such court sue his own trus- 
 tee. (1 East, 497). 
 
 LEGAL INTEREST. That rate of interest 
 which is allowed by law in the absence of 
 an express contract. 
 
 LEGAL MALICE. Constructive or implied 
 malice. See "Malice." 
 
 LEGAL IVl EMORY. See "Memory." 
 
 LEGAL REPRESENTATIVE. Sometimes 
 used for "personal representative" (q. v.). 
 
 LEGAL REVERSION. In Scotch law. The 
 period within which a proprietor is at lib- 
 erty to redeem land adjudged from him for 
 debt. Bell, Diet. 
 
 "i LEGAL TENDER. Lawful money which 
 may be tendered in payment of debt. Un- 
 der the laws of the United States, gold coin 
 is full legal tender, silver coin is legal ten- 
 der in payments of not to exceed five dol- 
 lars, the minor coins in payments not to ex- 
 ceed twenty-five cents. Treasury notes, etc., 
 are full legal tender except in payment of 
 duties on imports and interest on the pub- 
 lic debt. U. S. Rev. St., § 3584 et seq. 
 
 LEGALIS HOMO (Lat.) A person who 
 possesses all his civil rights; a lawful man; 
 one who stands rectus in curia, not outlawed 
 nor infamous. In this sense are the words 
 prohi et legates homines. 
 
 LEGALIS MONETA ANGLIAE. Lawful 
 money of England. 1 Inst. 207. 
 
 LEGALITY, or LEGALNESS .Lawfulness. 
 
 LEGALIZATION. The act of making law- 
 ful. 
 
 By legalization is also understood the 
 act by which' a judge or competent officer 
 authenticates a record, or other matter, in 
 order that the same may be lawfully read 
 in evidence. See 102 Mass. 127. 
 
 LEGALLY. See "Legal." 
 
 LEGANTINE CONSTITUTIONS. The 
 name of a code of ecclesiastical laws, en- 
 acted in national synods, held under legates 
 from Popes Gregory IX. and Clement IV., in 
 the reign of Hen. III., about the years 1220 
 and 1268. . I Bl. Comm. 83. Burns says, 1287 
 and 1268. 2 Burn, Ecc. Law, 30d. 
 
 LEGARE (Lat.) In the civil and old Eng- 
 lish law. To bequeath; to leave or give by 
 will; to give in anticipation of death. In 
 Scotch phrase, to legate. Bracton, fol. 18b. 
 Applied to real, as well as personal, prop- 
 erty. 
 
 LEGATARIUS. (Lat.) In the civil law. 
 One to whom a thing is bequeathed ; a lega- , 
 tee, or legatary. Bract, fol. 40. In old 
 European law. A legate, messenger, or 
 envoy. Spelman. 
 
 LEGATARIUS PARTIARIUS. A legatee 
 to whom the testator has in his will in- 
 structed his heir to give a definite share of 
 his universal succession. 
 
 This kind of legacy was called a legacy 
 of partition (legatum partitionis) , because 
 the legatee divided the inheritance with, the 
 heir. Inst. 2, 23, 5. 
 
LEGATARY 
 
 597 
 
 LEGES 
 
 LEGATARY. One to whom anything Is 
 bequeathed; a legatee. This word is some- 
 times, though seldom, used to designate a 
 legate or nuncio. 
 
 LEGATEE. The person to whom a legacy 
 is given. See "Legacy." 
 
 LEGATES. Legates are extraordinary 
 ambassadors sent by the pope to Catholic 
 countries to represent him, and to exercise 
 his jurisdiction. Thfey are distinguished 
 from the ambassadors of the pope who are 
 sent to other powers. 
 
 Legates a latere hold the first rank among 
 those who are honored by a legation. They 
 are always chosen from the college of cardi- 
 nals, and are called a latere, in imitation of 
 the magistrates of ancient Rome, who were 
 taken from the court, or side of the em- 
 peror. 
 
 Legati missi are simple envoys. 
 
 Legati nati are those who are entitled to 
 be legates by birth. See "A Latere." 
 
 LEGATPON. An embassy; a mission. All 
 persons attached to a foreign legation, law- 
 fully acknowledged by the government of 
 this country, whether they are ambassadors, 
 envoys, ministers, or attaches, are protected 
 by the act of April 30, 1790 (1 Story, U. S. 
 Laws, 83) , from violence, arrest, or molesta- 
 tion. 1 DalL (Pa.) 117; 1 Wash. C. C. (U. 
 S.) 232; 2 Wash. C. C. (U. S.) 435; 4 Wash. 
 C. C. (U. S.) 531; 11 Wheat. (U. S.) 467; 1 
 Miles (Pa.) 366; 1 Nott & McC. (S. 0.) 
 217; 1 Baldw. (U. S.) 240; Wheat. Int. Law, 
 167. See "Ambassador"; "Arrest"; "Privi- 
 lege." 
 
 LEGATORY. The third part of a free- 
 man's personal estate, which by the custom 
 of London, in case he had a wife and chil- 
 dren, the freeman might always have dis- 
 posed of by will. Bac. Abr. "Customs of 
 London" (D 4). 
 
 LEGATOS VIOLARE CONTRA JUS GEN- 
 tium est. It Is contrary to the law of na- 
 tions to do violence to ambassadors. Branch, 
 Princ. 
 
 LEGATUM. 
 
 In Civil Law. A legacy; a gift left by 
 
 will. Dig. 3136. A gift left by a deceased 
 person to be executed by the heir. Inst. 2. 
 20. 1. 
 
 In Common Law. A legacy. 
 
 In Old Ecclesiastical Law. A soul scot 
 
 or a gift to the church. Cowell. 
 
 LEGATUM MORTE TESTATORIS TAN- 
 tum confirmatur, sicut donatio inter vivos 
 traditione sola. A legacy is confirmed by the 
 death of the testator, in the same manner 
 as a gift from a living person is by delivery 
 alone. Dyer, 143. 
 
 LEGATUS, REGIS VICE FUNGITUR A 
 quo destinatur, et honorandus est sicut ille 
 cujus vicem gerit. An ambassador fills the 
 place of the king by whom he is sent, and is 
 
 to be honored as he is whose place he fills. 
 12 Coke, 17. 
 
 LEGEIVI AIVIITTERE. To lose one's law; 
 to become infamous or outlaw. 
 
 LEGEM ENIM CONTRACTUS DAT. The 
 
 contract makes the law. 22 Wend. (N. Y.) 
 215, 233. 
 
 LEGEM FACERE (Law Lat.) In old Eng- 
 lish law. To make law, or oath. Legem 
 vadiare, to wage law. Legem habere, to have 
 law; to be capable of giving evidence upon 
 oath. Legem amittere, to lose the law, or 
 privilege of being admitted to oath. Legem 
 terrae amittentes perpetuam infamiae^otam 
 inde merito incurrunt, they who lose the lex 
 terrae (law of the land) justly incur there- 
 for the perpetual brand of infamy. 3 Inst. 
 221. In Branch's Maxims, the peculiar 
 meaning of lex terrae, in this passage, has 
 been misapprehended. 
 
 LEGEM FERRE (Lat.) In the Roman 
 law. To propose a law to the people for 
 their adoption. Heinec. Ant. Rom. lib. 1, 
 tit. 2; Tayl. Civ. Law, 9. 
 
 LEGEM HABERE. To have one's law; to 
 be a legal person. 
 
 LEGEM JUBERE (or SCISCERE). In the 
 Roman law. To give consent and authority 
 to a proposed law; to make or pass it. Tayl. 
 Civ. Law, 9. 
 
 LEGEM TERRAE AMITTENTES PER- 
 petuam infamlae notam Inde merito Incur- 
 runt. Those who do not preserve (or who 
 lose) the law of the land, thence justly 
 incur the ineffaceable brand of infamy. 3 
 Inst. 221. 
 
 LEGEM VADIARE. To wage one's law. 
 
 LEGES (Lat.) 
 I In Civil Law. Laws proposed by a 
 magistrate of the senate, and adopted by 
 the whole people in comitia centuriata. See 
 "Populiscitum"; "Lex." 
 
 In English Law. Laws. 
 
 Leges scriptae, written or statute laws. 
 Hale's Hist. Com. Law, 1, 2. 
 
 Leges non scriptae, unwritten or custo- 
 mary laws; the common, law, including gen- 
 eral customs, or the common law, properly 
 so called; and also particular customs of 
 certain parts of the kingdom, and those 
 particular laws that are, by custom, ob- 
 served only in certain courts and jurisdic- 
 tions. 1 Bl. Comm. 67. "These parts of law 
 are therefore styled leges non scriptae, be- 
 cause their original institution and author- 
 ity are not set down in writing, as acts of 
 parliament are, but they receive their bind- 
 ing power and the force of laws by long 
 and immemorial usage." 1 Steph. Comm. 40, 
 66. It is not to be understood, however, that 
 they are merely oral, for they have come 
 down to us in reports and treatises. 
 
LEGES ANGLIAE 
 
 598 
 
 LEGITIMATION 
 
 LEGES ANGLIAE SUNT TRIPARTITAE: 
 Jus commune, consuetudines, ac decreta co- 
 mitiorum. The laws of England are three- 
 fold : Common law, customs, and decrees of 
 parliament. 
 
 LEGES FIGENDI ET REFIGENDI CON- 
 suetudo est periculosissima. The custom ot 
 making and unmaking laws is a most dan- 
 gerous one. 4 Coke, pref. 
 
 LEGES HUMANAE NASCUNTUR, VI- 
 vunt, et moriuntur. Human laws are bom, 
 live, and die. 7 Coke, 25; 2 Atk. 674; 11 C. 
 B. 767; 1 Bl. Comm. 89. 
 
 LEGES NATURAE PERFECTISSIMAE 
 sunt et immutabiles; human! vero juris con- 
 ditio semper in infinitum decurrit, et nihil 
 est in eo quod perpetuo stare possit. Leges 
 humanae nascuntur, vivunt, moriuntur. The 
 laws' of nature are most perfect and im- 
 mutable; but the condition of human law 
 is an unending succession, and there is 
 nothing in it which can continue perpetual- 
 ly. Human laws are born, live, and die. 7 
 Coke, 25. 
 
 LEGES NON VERBIS SED REBUS SUNT 
 impositae. Laws are imposed on things, not 
 wordSi 10 Coke, 101. 
 
 LEGES POSTERIORES PRIORES CON- 
 
 trarias abrogant. Subsequent laws repeal 
 prior conflicting ones. 2 Rolle, 410 ; 11 Coke, 
 626, 680. 
 
 LEGES SUUM LIGENT LATOREM. Laws 
 should bind the proposers of them. Pleta, 
 bk. 1, c 17, § 11. 
 
 LEGES TABELLARIAE (Lat.) Roman 
 laws regulating the mode of voting by ballot 
 (tabella). 1 Kent, Comm. 232, note. 
 
 LEGES VIGILANTIBUS, NON DORMIEN- 
 tibus subveniunt. The laws aid the vigilant, 
 not the negligent. Fanning; Dunham; 5 
 Johns. Ch. (N. Y.) 122, 145; Toole; Cook; 
 16 How. Pr. (N. Y.) 142, 144. 
 
 LEGIBUS SOLUTUS (Lat.) Released 
 from the laws; not bound by the laws. An 
 expression applied in the Roman civil law to 
 the emperor. Calv. Lex.; 3 Gibb. Rom. Emp. 
 157. 
 
 LEGIBUS SUMPTIS DESINENTIBUS, 
 lege naturae utendum est. When laws Im- 
 posed by the state fail, we must act by the 
 law of nature. 2 Rolle, 298. 
 
 ' LEGIS CONSTRUCTIO NON FACIT IN- 
 Juriam. The construction of law does no 
 wrong. Co. Litt. 183. 
 
 LEGIS INTERPRETATIO LEGIS VIM 08- 
 tinet. The construction of law obtains the 
 force of law. Branch, Princ 
 
 LEGIS MINISTER NON TENETUR, IN 
 ebcecutlone officii sui, fugere' aut retrooedere. 
 
 The minister of the law is not bound, in the 
 
 execution oi his office, either to fly or re- 
 treat. 6 Coke, 68. 
 
 LEGISLATIVE POWER. The authority, 
 under the constitution, to make laws, and to 
 alter or repeal them. 
 
 LEGISLATOR. One who makes lawis; a 
 member of the legislature (g, v.). 
 
 LEGISLATORUM EST VIVA VOX, RE. 
 
 bus et non verbis, legem imponere. The 
 voice of legislators is a living voice, to im- 
 pose laws on things, and not on words. 10 
 Coke, 101. 
 
 LEGISLATURE. That body of men in the 
 state which has the power of making laws. 
 
 LEGISPERITUS (Law Lat) A person 
 skilled or learned in the law; a lawyer or 
 adyocate. Feud. lib. 2, tit. 1. 
 
 LEGIT UT CLERICUS. He reads as a 
 clerk. The answer made by the ordinary to 
 the question legit vel non, importing that 
 the prisoner could read, and was entitled to 
 benefit of clergy. Dyer, 205. 
 
 LEGIT VEL NON? Does he read or not? 
 The question asked of the ordinary on the 
 trial, whether a prisoner claiming benefit 
 of clergy could read. 1 Salk. 61. 
 
 LEGITIM (called, otherwise, "Bairn's Part 
 of Gear"). In Scotch law. The legal share 
 of father's free movable property, due on 
 his death to his children. If widow and 
 children are left, it is one-third; if children 
 alone, one-half. Ersk. Inst. 3. 9. 20; 4 
 Bell, H. L. Sc. 286. 
 
 LEGITIMACY. The state Of being born in 
 wedlock; that is, in a lawful manner. 
 
 LEGITIMATE. That which is according 
 to law; as, legitimate children are lawful 
 children, born in wedlock, in contradistinc- 
 tion to bastards; legitimate authority, or 
 lawful power, in opposition to usurpation. 
 
 LEGITIMATION. The act of givhig the 
 character of legitimate children to those 
 who were not so born. This was formerly 
 effected (1) By subsequent marriage of the 
 parents, Hunter, Introd. Rom. Law, 29, in- 
 troduced by CoBstantine (A. D. 335), abro- 
 gated by Zeno (A. D. 476), and revived and 
 amiilified by Justinian (A. D. 529). (2) 
 By offering the natural child to the curia 
 (per oblationem curiae) ; making a son a 
 decurio, or a member of the class that fur- 
 nished the magistrates in provincial towns, 
 or giving a daughter in marriage to a de- 
 curio. (3) By rescript of the emperor; m- 
 troduced by Justinian. 
 
 Legitimation of bastards, either by sub- 
 sequent marriage or by an act of the govern- 
 ment {Rescriptum principiis), is nothing 
 but a legal equalization of certain childrai 
 illegitimately begotten with legitimate chil- 
 dren. 96 (3al. 560; Bar on Internaticmal 
 Law, p. 434. 
 
LEGITIMATION PER 
 
 599 
 
 LETTER 
 
 LEGITIMATION PER SUBSEQUENS 
 matrimonium. The legitimation of a bastard 
 by the subsequent marriage of his parents. 
 Bell, Diet. 
 
 LEGITIME. In civil law. That portion of 
 a parent's estate of which he cannot disin- 
 herit his children without a legal oause. 
 
 The Civil Code of Louisiana declares that 
 donations inter vivos or moTtie causa cannot 
 exceed two-thirds i/f the property of the dis- 
 poser, if he leaves at his decease a legiti- 
 mate child; one-half if he leaves two chil- 
 dren; and one-third if he leaves three, or a 
 greater number. Under the name of "chil- 
 dren" are included descendants of whatever 
 degree they may be. It must be understood 
 that they are only counted for the child 
 they represent. Civ. Code La. art. 1480. 
 
 LEGITIME IMPERANTI PARERE NE- 
 cesse est. One who commands lawfully must 
 be obeyed. Jenk. Cent. Cas. 120. 
 
 LEGITIMUS. Lawful; legitimate. Legiti- 
 mus haeres et filius est quern nuptiae demon- 
 strant, a lawful son and heir is he whom the 
 marriage points out to be lawful. Bracton, 
 fol. 63. 
 
 LEGO (Lat.) In Roman law. I bequeath. 
 A common term in wills. Dig. 30. 36. 81 
 et seq. 
 
 LEGULEIUS (Lat.) A person skilled In 
 law {in legibus versatus) ; one versed in the 
 forms of law. Calv. Lex.; Cicero de Orat. 
 1.55. 
 
 LEIDGREVE. In Saxon law. An oflScer 
 who had jurisdiction over a lathe. Cowell. 
 
 LEIPA (Law Lat.) In old English law. A 
 fugitive or runaway. LL. Hen. I. c. 43. 
 Spelman. Possibly the root of "elope." 
 
 LENDER. He from whom a thing is bor- 
 rowed; the bailor of an article loaned. 
 
 LEOD (Saxon). People; a people; a na- 
 tion. Spelman, voc. "Leodes." 
 
 LEODES (Law Lat.; from Saxon Lead). 
 In old European law. A vassal, or liege 
 man (vassallus; homo ligeus). Spelman. 
 
 Service (servitium) . Id.; Marculf. lib. 1, 
 form. 40. 
 
 A were or weregild (wera, wergildum). 
 Spelman. 
 
 LEOHT GESCEOT. A tax for lighting the 
 church. 
 
 LEONINA SOCIETAS (Lat.) An attempt- 
 ed partnership, in which one party was to 
 bear all the losses, and have no share in the 
 profits, This was a void partnership in Ro- 
 man law; and, apparently, it would also be 
 void as a partnership in English law, as be- 
 ing inherently inconsistent with the notion 
 of partnership. Dig. 17. 2. 29. 2; Brown. 
 
 LEPRA. (Lat.) In old English law. Lep- 
 rosy, Leprosus; a leper. Fleta, lib. 6, c. 
 40, § 3. 
 
 LEPR080 AMOVENOO. A writ which 
 anciently lay to remove a leper who attend- 
 ed at church or public meetings, to the dan- 
 ger and annoyance of the inhabitants. 
 
 LES FICTIONS NAISSENT DE LA LOI, 
 et non la loi des fictions. Fictions arise from 
 the law, and not law from fictions. 
 
 LES LOIS NE SE CHARGENT DE PUNIR 
 
 que les actions exteriures. Laws do not un- 
 dertake to punish other than outward ac- 
 tions. Montesq. Esp'. de Lois, bk. 12, c. 11; 
 Broom, Leg. Max. (3d London Ed.) 279. 
 
 LESE IVIAJESTY, Laese Majesty. (Law 
 Pr. leze majest.) The old English and 
 Scotch translation of liesa majestas, or high 
 treason. 2 Reeves' Hist. Eng. Law, 6. See 
 "Leze Majesty." 
 
 LESION. In civil law. A term used to 
 signify the injury suffered, in consequence 
 of inequality of situation, by one who does 
 not receive a full equivalent for what he 
 gives in a commutative contract. 
 
 The remedy given for this injury is 
 founded on its being the effect of implied 
 error or imposition; for in every commuta- 
 tive contract equivalents are supposed to be 
 given and received. Code La. art. 1854. 
 Persons of full age, however, are not al- 
 lowed, in point of law, to object to their 
 agreements as being injurious, unless the 
 injury be excessive. Poth. Obi. p. 1, c. 1, 
 sec. 1, art. 3, § 4. But minors are admitted 
 to restitution, not only against any exces- 
 sive inequality, but against any inequality 
 whatever. Id. i 5; Code La. art. 1858. See 
 "Fraud"; "Guardian"; "Sale." 
 
 LESPEGEND (Saxon). A lessor thane or 
 baron. Const. Canuti Regis de Foresta, art. 
 2. Spelman prefers to write it "lesthegen." 
 
 LESSEE. He to whom a lease is mades 
 he who holds an estate by virtue of a lease. 
 See "Lease." 
 
 LESSOR. He who grants a lease. See 
 "Lease." 
 
 LESTAGE, or LASTAGE (Saxon last, 
 burden). A custom for carrying things in 
 fairs and markets. Fleta, lib. 1, c. 47; 
 Termes de la Ley. 
 
 LESWES- Lesues. Pastures. Domesday. 
 Co. Litt. 4b. A term often inserted in old 
 deeds and conveyances. Cowell. 
 
 LET. Hindrance; obstacle; obstruction. 
 To lease; to grant the use and possession 
 of a thing for compensation. It is the cor- 
 relative of "hire." See "Hire." 
 
 LETRADO (Spanish). In Spanish law. 
 An advocate. White's New Recop. bk. 1, 
 tit. 1, c 1, § 3, note. 
 
 LETTER. He who, being the owner of a 
 thing, lets it out to another for hire or com- 
 pensation. Story, Bailm. § 369. See "Hire." 
 
LETTER CARRIER 
 
 600 
 
 LETTER OP RECREDENTIALS 
 
 LETTER CARRIER. A person employed 
 to carry letters from the post office to the 
 persons to whom they are addressed. Pro- 
 visions were made by the act of March 3, 
 1851 (11 U. S. St. at Large, 691), for the 
 appointment of letter carriers in cities and 
 towns, and by chapter 21, § 2, of the same 
 act, for letter carriers in Oregon and Cali- 
 fornia. 
 
 LETTER MISSIVE. In English law. A 
 request addressed to a peer, peeress, or lord 
 of parliament, against whom a bill has been 
 filed, desiring the defendant to appear and 
 answer the bill. It is issued by the lord 
 chancellor, on petition, after the filing of the 
 bill; and a neglect to attend to this places 
 the defendant, in relation to such suit, on 
 the same ground as other defendants who 
 are not peers, and a subpoena may then 
 issue. Newland, Prac. 9; 2 Madd. Oh, Prac. 
 196; Cooper, Eq. PI. 16. 
 
 LETTER OF ADVICE, A letter contain- 
 ing information of any circumstances un- 
 known to the person to whom it is written; 
 generally informing him of some commer- 
 cial transaction by the writer of the letter. 
 
 It is usual and perfectly proper for the 
 drawer of a bill of exchange to write a 
 letter of advice to the drawee, as well to 
 prevent fraud or alteration of the bill, as to 
 let the drawee know what provision has been 
 made for the payment of the bill. Chit. 
 Bills, 185. 
 
 LETTER OF ADVOCATION. In Scotch 
 law. The decree or warrant of the supreme 
 court or court of sessions, discharging the 
 inferior tribunal from all further proceed- 
 ings in the matter, and advocating the ac- 
 tion to itself. This proceeding is similar to 
 a certiorari issuing out of a superior court 
 for the removal of a cause from an inferior. 
 
 LETTER OF ATTORNEY. A written in- 
 strument, by which one or more persons, 
 called the "constituents," authorize one or 
 more other persons, called the "attorneys," 
 to do some lawful 'act for or .instead, and 
 in the place of, the former. 1 Moody, C. C. 
 52, 70. It may be parol or under seal. See 
 "Power of Attorney." 
 
 LETTER OFCREDENCE. In internation- 
 al law. A written instrument addressed 
 by the sovereign or chief magistrate of a 
 state to the sovereign or state to whom a 
 public minister is sent, certifying his ap- 
 pointment as such, and the general object 
 of his mission, and requesting that full 
 faith and credit may be given to what he 
 shall do and say on the part of his court. 
 
 When it is given to an ambassador, en- 
 voy, or minister accredited to a sovereign, 
 it is addressed to the sovereign or state to 
 whom the minister is delegated. In the case 
 of a charge d'affaires, it is addressed by the 
 secretary or minister of state charged with 
 the department of foreign affairs to the min- 
 ister of foreign affairs of the other govern- 
 
 ment. Wheat. Int. Law, pt. 3, c. 1, § 7; 
 Wicq. de I'Ambassadeur. lib. 1, § 15. 
 
 LETTER OF CREDIT. A letter whereby 
 one person requests another to advance 
 money or give credit to a third, and agrees 
 to reimburse or indemnify the person mak- 
 ing the advance, or giving the credit. 
 
 At first it was practically confined to mer- 
 chants, and was designed to enable a mer- 
 chant to obtain goods or money to buy the 
 same. 
 
 In modern times it is much used as a con- 
 venience by travelers in foreign parts to 
 avoid carrying large sums of money; a sum 
 being deposited with a bank, which issues a 
 letter of credit to its correspondents in for- 
 eign parts. 
 
 Letters of credit are special if addressed 
 to some particular person; general if ad- 
 dressed to any one giving credit to the 
 bearer. 
 
 LETTER OF LICENSE. An instrument or 
 writing made by creditors to their insolvent 
 debtor, by which they bind themselves to 
 allow him a longer time than he had a right 
 to, for the pajrment of his debts, and that 
 they will not arrest or molest him in his 
 person or property till after the expiration 
 of such additional time. 
 
 LETTER OF MARQUE AND REPRISAL. 
 
 A commission granted by the government to 
 a private individual, to take the property 
 of a foreign state, or of the citizens or sub- 
 jects of such state, as a reparation for an 
 injury committed by such state, its citizens 
 or subjects. A vessel loaded with merchan- 
 dise, on a voyage to a friendly port, but 
 armed for its own defense in case of attack 
 by an enemy, is also called a "letter of 
 marque." 1 Boul. P. Dr. Com. tit. 3, § 2, 
 p. 300. 
 
 By the constitution (article 1, § 8, cl. 11), 
 congress have power to grant letters of 
 marque and reprisal. See Chit. Law Nat. 
 73; 1 Bl. Coram. 251; Viner, Abr. "Preroga- 
 tive" (B 4) ; Comyn, Dig. "Prerogative" (B 
 4) ; Molloy, bk. 1, c. 2, § 10; 2 Wooddeson, 
 Lect. 440; 2 C. Rob. Adm. 224; 5 C. Rob. 
 Adm. 9, 260. And see "ReprisaL" 
 
 LETTER OF RECALL. A written docu- 
 ment addressed by the executive of one gov- 
 ernment to the executive of another, inform- 
 ing the latter that a minister sent by the 
 former to him has been recalled. 
 
 LETTER OF RECOMMENDATION. An 
 
 instrument given by one person to another, 
 addressed to a third, in which the bearer is 
 represented as worthy of credit. 1 Bell, 
 Comm. (5th Ed.) 371; 3 Term R. 51; 7 
 Cranch (U. S.) 69; Fell, Guar. c. 8; 6 
 Johns. (N. Y.) 181; 13 Johns. (N. Y.) 224; 
 1 Day (Conn.) 22. See "Recommendation." 
 
 LETTER OF RECREDENTIALS.. A docu- 
 ment delivered to a minister by the secre- 
 tary of state of the government to which 
 
LETTERS 
 
 601 
 
 LETTRE 
 
 he was accredited. It is addressed to the 
 executive of the minister's country. This is 
 in reply to the "letter of recall." 
 
 LETTERS. Epistles; despatches; written 
 messages, usually on paper, folded up and 
 sealed, and sent by one person to another. 
 
 1 Caines (N. Y.) 582. 
 
 LETTERS AD COLLIGENDUM BONA DE- 
 functi. In practice. In default of the repre- 
 sentatives and creditors to administer the 
 estate of an intestate, the officer entitled 
 to grant letters of administration may grant, 
 to such person as he approves, "letters to 
 collect the goods of the deceased," which 
 neither make him executor nor administra- 
 tor; his only business being to collect the 
 goods, and keep them in his safe custody. 
 
 2 Bl. Comm. 505. 
 
 LETTERS CLOSE. Close letters are 
 grants of the king, and, being of private 
 concern, they are thus distinguished from 
 "letters patent." 
 
 LETTERS OF ADMINISTRATION. An in- 
 strument in writing, granted by the judge 
 or officer having jurisdiction and power of 
 granting such letters, thereby giving the 
 admipistrator (naming him) "full power to 
 administer the goods, chattels, rights, and 
 credits, which were of the said deceased, in 
 the county or district in which the said 
 judge or officer has jurisdiction; as also to 
 ask, collect, levy, recover, and receive the 
 credits whatsoever of the said deceased, 
 which at the time of his death were owing, 
 or did in any way belong, to him, and to 
 pay the debts in which the said deceased 
 stood obliged, so far forth as the said goods 
 and chattels, rights and credits, will extend, 
 according to the rate and order of law." 
 See "Letters Testamentary." 
 
 LETTERS OF FIRE AND SWORD. See 
 
 "Fire and Sword." 
 
 LETTERS OF HORNING. See "Horning." 
 
 LETTERS OF REQUEST. In English ec- 
 clesiastical law. An instrument by which a 
 judge of an inferior court waives or remits 
 his own jurisdiction in favor of a court of 
 appeal immediately superior to it. 
 
 Letters of request, in general, lie only 
 where an appeal would lie, and lie only 'to 
 the next immediate court of appeal, waiving 
 merely the primary jurisdiction to the prop- 
 er appellate court, except letters of request 
 from the most inferior ecclesiastical court, 
 which may be direct to the court of arches, 
 although one or two courts of appeal may 
 by this be ousted of their jurisdiction as 
 courts of appeal. 2 Add. Ecc. 406. The ef- 
 fect of letters of request is to give jurisdic- 
 tion to the appellate court in the first in- 
 stance. See a form of letters of request 
 in 2 Chit. Prac. 498, note (h), 
 
 LETTERS OF SAFE-CONDUCT. No sub- 
 ject of a nation at war with England can, 
 
 by the law of nations, come into the realm, 
 nor can travel himself upon the high seas, 
 or send his goods and merchandise from 
 one place to another, without danger of 
 being seized, unless he has "letters of safe- 
 conduct," which, by divers old statutes, must 
 be granted under the great seal, and en- 
 rolled in chancery, or else are of no effect; 
 the sovereign being the best judge of such 
 emergencies as may deserve exemption from 
 the general law of arms. But passports or 
 licenses from the ambassadors abroad are 
 now more usually obtained, and are allowed 
 to be of equal validity. Wharton. 
 
 LETTERS OF SLAINS (or SLANES). Let- 
 ters subscribed by the relatives of a person 
 who had been slain, declaring that they 
 had received an assythment, and concur- 
 ring in an application to the crown for a 
 pardon to the offender. These or other evi- 
 dences of their concurrence were necessary 
 to found the application. Bell, Diet. 
 
 LETTERS PATENT. The name of an In- 
 strument granted by the government to con- 
 vey a right to the patentee; as, a patent for 
 a tract of land; or to secure to him a right 
 which he already possesses, as, a patent for 
 a new invention or discovery. Letters pat- 
 ent are matter of record. They are so 
 called because they are not sealed up, but 
 are granted open. See "Patent." 
 
 LETTERS ROGATORY. An instrument 
 sent in the name and by the authority of a 
 judge or court to another, requesting the 
 latter to cause to be examined, upon inter- 
 rogatories filed in a cause depending before 
 the former, a witness who is within the jur- 
 isdiction of the judge or court to whom such 
 letters are addressed. 
 
 LETTERS TESTAMENTARY. The formal 
 instrument in writing granted to an execu- 
 tor by the judge or officer having jurisdic- 
 tion of the probate of wills, stating his ap- 
 pointment as executor, and authorizing him 
 to proceed. 
 
 LETTING OUT. In American law. The 
 act of awarding a contract. 
 
 This term is much used in the United 
 States, and most frequently in relation to 
 contracts to construct railroads, canals, or 
 other mechanical works. When such an un- 
 dertaking has reached the point of actual 
 construction, a notice is generally given that 
 proposals will be received until a certain 
 period, and thereupon a letting out, or 
 award of portions of the work to be per- 
 formed according to the proposals, is made. 
 See 35 Ala. (N. S.) 55. 
 
 LETTRE (Law Fr.) In old English law. 
 A letter; conveyance or grant, so called 
 from its form. A toutz ceux gue. ceste let- 
 tre verrount ou orrount, A. de B. aalut: 
 Saches moy aver done a P. etc. To all those 
 who shall see or hear this letter, A. of B. 
 greeting: Know that I have given to P., 
 etc. Britt. c. 41. 
 
LEUCA, LEUGA 
 
 602 
 
 LEVYING WAR 
 
 LEUCA, LEUGA, or LEGA (Law Lat.) 
 
 In Old French Law. A league, con- 
 sisting of fifteen hundred paces. Spelman. 
 
 In Old English Law. A league or mlie 
 
 of a thousand paces. Domesday Book; 
 Spelman; Fleta, lib. 2, c. 2, § 2. 
 
 A privileged space around a monastery 
 of a league or mile in circuit. Spelman. 
 
 LEUDIS, Leodis. (Law Lat.) In old 
 European law. A vassal; a liege man or 
 feudal dependant; a retainer; a feudal ten- 
 ant; a crown vassal or baron; alasmian; a 
 common or illiterate person, Spelman. 
 
 LEVANDAE NAVIS CAUSA (Lat.) In 
 civil law. For the sake of lightening the 
 ship. Goods thrown overboard with this 
 purpose are subjects of a general average. 
 
 LEVANT ET COUCHANT (Law Fr.) Ris- 
 ing up and lying down. A term applied to 
 trespassing cattle which have remained long 
 enough upon land to have laid down to rest 
 and risen up to feed, which, in general, is 
 held to be a night and a day. 3 Bl. Comm. 
 9. 
 
 LEVANTES ET CUBANTES. Same as 
 levant et couchant. 
 
 Applied by Bracton to villeins, who lived 
 on their lord's estate. Bracton, fol. 6b. 
 
 LEVARI FACIAS (Lat. that you cause to 
 be levied). 
 
 In Practice. A writ of execution di- 
 recting the sheriff to cause to be made of 
 the lands and chattels of the judgment 
 debtor the sum recovered by the judgment. 
 
 Under this writ, the sheriff was to sell 
 the goods and collect the rents, issues, and 
 profits of the land in question. It has been 
 generally superseded by the remedy by ele- 
 git, which was given by St. Westminster II. 
 (18 Edw. I.) c. 18. In case, however, the 
 judgment debtor is a clerk, upon the sher- 
 iff's return that he has no lay fee, a writ 
 in the nature of a levari facias goes to the 
 bishop of the diocese, who thereupon sends 
 a sequestration of the profits of the clerk's 
 benefice, directed to the church wardens, to 
 collect and pay them to the plaintiff till 
 the full sum be raised. Yet the same course 
 is pursued upon a fi. fa. 2 Bums, Ecc. Law, 
 329. See 2 Tidd, Prac. 1042; Comyn, Dig. 
 "Execution" (C 4) ; Finch, Law, 471; 3 Bl. 
 Comm. 471. 
 
 In American Law. A writ used to sell 
 lands mortgaged, after a judgment has been 
 obtained by the mortgagee, or his assignee, 
 against the mortgagor, under a peculiar pro- 
 ceeding authorized by statute. 3 Botrv. Inst, 
 note 8396. 
 
 LEVARI FACIAS DAMNA DE DISSEI8I- 
 toribus. A writ formerly directed to the 
 sheriff for the levying of damages, whitli a 
 disseisor had been condemned to pay to the 
 disseisee. Cffwell. 
 
 LEVARI FACIAS QUANDti VICECOMES 
 
 returnavlt quod non habuit emptores. An 
 old writ comnianding the sheriff to sell the 
 
 goods of a debtor which he had already 
 taken, and had returned that he could not 
 sell them; and as much more of the debtor's 
 goods as would satisfy the whole debt. 
 Cowell. 
 
 LEVARI FACIAS RESIDUUM DEBITI. 
 
 An old writ directed to the sheriff for levy- 
 ing the remnant of a partly-satisfied debt 
 upon the lands and tenements or chattels of 
 the debtor. Cowell. 
 
 LEVATO VELO (Lat.) An expression used 
 in the Roman law (Code, 11. 4. 5), and ap- 
 plied to the trial of wreck and salvage. 
 Commentators disagree about the origin of 
 the expression, but all agree that its general 
 meaning is that these causes shall be heard 
 summarily. The most probable solution is 
 that it refers to the place where causes were 
 heard. A sail was spread before the door, 
 and officers employed to keep strangers from 
 the tribunal. When these causes were 
 heard, this sail was raised, and suitors came 
 directly to the court, and their causes were 
 heard immediately. As applied to maritime 
 courts, its meaning is that causes should be 
 heard without delay. These causes require 
 despatch, and a delay amounts practically 
 to a denial of justice. Emerig. Tr. des 
 Assur. c. 26, § 3. 
 
 LEVIABLE. That which may be levied. 
 
 LEVIR. A husband's brother. Vicat. 
 
 LEVITICAL DEGREES. Those degrees of 
 kindred, set forth in the eighteenth chapter 
 of Leviticus, within which persons are pro- 
 hibited to marry. 
 
 LEVY. To raise. Webster. To levy a 
 nuisance, i. e., to raise or do a nuisance (9 
 Coke, 55) ; to levy a fine, i. e., to raise or 
 acknowledge a fine (2 Bl. Comm. 357; 1 
 Steph. Comm. 236) ; to levy a tax, i. e., to 
 raise or collect a tax; to levy war, i. e., 
 to raise or begin war, to take arms for 
 attack (4 Bl. Comm. 81) ; to levy an execu- 
 tion, i. e., to raise or levy so much money 
 on execution (Reg. Orig. 298). 
 
 In Practice. The raising of the money 
 
 for which an execution has been issued. The 
 seizing of property under an execution. 
 
 LEVYING WAR. In criminal law. The 
 assembling of a body of men for the pur- 
 pose of effecting by force a treasonable ob- 
 ject; and all who perform any part, how- 
 ever minute, or however remote from the 
 Scene of action, and who are leagued in 
 the general conspiracy, are considered as 
 togaged In levying war, within the mean- 
 ing of the constitution. 4 Cranoh' (U. S.) 
 m, 474; Const, art. 8, § 3. See "Trea- 
 son"; Fed. Cas. Nm 14,692. This Is a tefth- 
 nical term, borrowed from the English law, 
 and its meaning is the same as it is when 
 used in St. 25 Edw. III. 4 Cranch (U. S.l 
 47'1; Hall, Law J. 851; 1 East, P. C. 62- 
 77; Alls. Crim. Law, 606; 9 Car. & P. 129. 
 
LEWDNESS 
 
 603 
 
 LEX CITIUS TOLERARE 
 
 LEWDNESS. Llcentiousnees; an offense 
 against the public economy, when of an open 
 and notorious character; as, by frequenting 
 houses of 111 fame, which is an indictable 
 offense, or by some grossly scandalous and 
 public indecency, for which the punishment 
 at common law is fine and imprisonment. 
 The various acts which constituted lewdness 
 at common law are now generally covered 
 by a variety of statutory offenses, as "inde- 
 cent exposure," "lascivious cohabitation," 
 etc. . 
 
 LEX (Lat.) The law; a law for the gov- 
 ernment of mankind in society. Among the 
 ancient Romans this word was frequently 
 used as synonymous with right, jus. When 
 put absolutely, it means the law of the 
 Twelve Tables. 
 
 LEX AELIA SENTIA. The Aelian Sentian 
 law, respecting wills, proposed by the con- 
 suls Aelius and Sentius, and passed A. U. 
 756, restraining a master from manumitting 
 his slaves in certain cases. Calv. Lex.; 
 Halifax, Anal. bk. 1, c. 3. 
 
 LEX AEQUITATE GAUDET; APPETIT 
 perfectum; est norma recti. The law de- 
 lights in equity; it covets perfection; it is a 
 rule of right. Jenk. Cent. Cas. 36. 
 
 LEX AGRARIA. In Roman law. The 
 agrarian law. A law proposed by Tiberius 
 Gracchus, A. U. 620, that no one should 
 possess more than five hundred acres of 
 land, and that three commissioners should 
 be appointed to divide- among the poorer peo- 
 ple what any one had above that extent. 
 Liv. Epit. 58. 
 
 LEX ALAMANNORUM (or ALEMANNO- 
 
 rum). The law of the Alemanni; first re- 
 duced to writing from the customs of the 
 country by Theodoric, king of the Franks, 
 A. D. 512. Amended and re-enacted by Clo- 
 taire IL Spelman; Butler, Hor. Jur. 84. 
 
 LEX ALIQUANDO SEQUITUR AEQUI- 
 tatem. The law sometimes follows equity. 
 3 Wils. 119. 
 
 LEX AMISSA. One who is an infamous, 
 perjured, or outlawed person. Bracton, lib. 
 4, c. 19. 
 
 LEX ANGLIAE. The law of England; the 
 common law; or, the curtesy of England. 
 
 LEX ANGLIAE EST LEX MISERICOR- 
 
 diae. The law of England is a law of mercy. 
 2 Inst. 315. 
 
 LEX ANGLIAE NON PATITUR ABSUR- 
 
 dum. The law of EIngland does not suffer an 
 absurdity. 9 Coke, 22. 
 
 LEX ANGLIAE NUNQUAM MATRIS 8ED 
 semper patris conditionem imitarl partum 
 Judicat. The law of England rules that the 
 offspring shall always follow the condition 
 of the father never that of the mother. Co. 
 Litt. 123. 
 
 LEX ANGLIAE NUNQUAM SINE PAR- 
 
 llamento mutari potest. The law of England 
 cannot be changed but by parliament. 2 
 Inst. 218, 619. 
 
 LEX APPARENS. In old English and Nor- 
 man law. Apparent or manifest law, A 
 term used to denote the trial by battel or 
 duel, and the trial by ordeal, "lex" having 
 the sense of process of law (process litis). 
 Spelman. Called "apparent" because the 
 plaintiff was obliged to make his right clear 
 by the testimony of witnesses before he 
 could obtain an order from the court to 
 summon the defendant. 
 
 LEX AQUILIA. In the Roman law. The 
 Aquilian law; a celebrated law passed on 
 the proposition of the tribune C. Aquilius 
 Callus, A. U. 672, regulating the compen- 
 sation to be made for that kind of damage 
 called "injurious," in the dases of killing or 
 wounding the slave or beast of another. 
 Inst. 4. 3; Dig. 9. 2; Code, 3. 35; Calv. Lex. 
 
 LEX ATI LI A. In the Roman law. The 
 Atilian law; a law passed on the proposition 
 of the tribune L. Atilius Regulus, A. U. 443, 
 authorizing the praetor, with a majority of 
 the tribunes, to appoint guardians. Changed 
 by Justinian. Inst. 1. 20. 3. 4. 
 
 LEX ATINIA. In the Roman law. The 
 Atinian law; a law declaring that the prop- 
 erty in things stolen should not be acquired 
 by prescription (usucapione) . Inst. 2. 6. 2; 
 Adam, Rom. Ant. 207. 
 
 LEX BAIUVARIORUM (BAIORIORUM, 
 
 or Boiorum). The law of the Bavarians, a 
 barbarous nation of Europe, first collected 
 (together with the law of the Franks and 
 Alemanni) by Theodoric I., and finally com- 
 pleted and promulgated by Dagobert. Spel- 
 man. 
 
 LEX BARBARA. The barbarian law. A 
 term applied to the laws of those nations 
 that were not in subjection to the Roman 
 empire, such as the Burgundian and Salian 
 law, the law of the Lombards, etc. Spel- 
 man. 
 
 LEX BENEFICIALIS REI CONSIMILI 
 
 remedium praestat. A beneficial law affords 
 a remedy in a similar case. 2 Inst. 689. 
 
 LEX BREHONIA (Law Lat.) The Brehon 
 law. See "Brehon Law." 
 
 LEX BRETOYSE (or BRETOISE). The 
 law of the ancient Britons, or Marches of 
 Wales. 
 
 LEX BURGUNDIONUM. The law of the 
 Bergundians, a barbarous nation of Europe, 
 first compiled and published by Gundebald, 
 one of the last of their kings, about A. D. 
 500. Spelman; Butler, Hor. Jur. 84. 
 
 LEX CITIUS TOLERARE VULT PRIVA- 
 tum damnum quam publicum malum. The 
 law would rather tolerate a private loss 
 than a public evil. Co. Litt. 152b. 
 
LEX COMITATUS 
 
 604 
 
 LEX PURIA 
 
 LEX COMITATUS (Law Lat.) In old Eng- 
 lish law. The law of the county, or the law 
 administered in the county court before the 
 earl (comes) or his deputy. Spelman. 
 
 LEX COMMISSORIA. In Roman law. A 
 law by which a debtor and creditor might 
 agree, where a thing had been pledged to 
 the latter to secure the debt, that, if the 
 debtor did not pay at the day, the pledge 
 should become the absolute property of the 
 creditor. This was abolished by a law of 
 Constantine. Kent, Comm. 583. 
 
 A law according to which a seller might 
 stipulate that, if the price of the thiner sold 
 were not paid within a certain time, the 
 sale should be void. Dig. 18. 3. 
 
 LEX COMMUNIS. The common law. See 
 "Jus Commune." 
 
 LEX CONTRA ID QUOD PRAESUMIT, 
 probationem non recipit. The law admits 
 no proof against that which it presumes. 
 Lofft, 573. 
 
 LEX CORNELIA DE FALSO (or FALS- 
 is). In Roman law. The Cornelian law re- 
 specting forgery or counterfeiting. Passed 
 by the dictator Sylla. Dig. 48. 10; Calv. 
 Lex. 
 
 LEX CORNELIA DE INJURMS. In Roman 
 law. The Cornelian law respecting injuries; 
 a law passed by the dictator L. Cornelius 
 Sylla, providing remedies for certain in- 
 juries, as for battery, forcible entry of an- 
 other's house, etc. Calv. Lex. Being the 
 most important of the Cornelian laws, it is 
 sometimes known generally as "Lex Cor- 
 nelia." 
 
 LEX CORNELIA DE SICARIIS ET VENE- 
 ficls. In Roman law. The Cornelian law re- 
 specting assassins and poisoners. Passed 
 by the dictator Sylla. Dig. 48. 8; Calv. 
 Lex. 
 
 LEX DANORUM. The law of the Danes; 
 Dane-law or Dane-lage. Spelman. 
 
 LEX DE FUTURO; JUDEX DE PRAETE- 
 rito. The law provides for the future; the 
 judge for the past. 
 
 LEX DEFICERE NON POTEST IN JU8- 
 titia exhibenda. The law ought not to fail 
 in dispensing justice. Co. Litt. 197. 
 
 LEX DERAISNIA. The proof of a thing 
 which one denies to be done by him, where 
 another aifirms it; defeating the assertion 
 of his adversary, and showing it to be 
 against reason or probability. This was used 
 among the old Romans, as well as the Nor- 
 mans. Cowell. 
 
 LEX DILATIONES SEMPER EXHOR- 
 ret. The law always abhors delay. 2 Inst. 
 240. 
 
 LEX DOMICILII (Lat.) The law of the 
 domicile. 2 Kent, Comm. 112, 433. 
 
 LEX EST AB AETERNO. The law is 
 from eyerlasting. Branch, Princ. 
 
 LEX EST DICTAMEN RATIONIS. Law 
 
 is the dictate of reason. Jenk. Cent. Cas. 
 117. 
 
 LEX EST NORMA RECTI. Law la a rule 
 of right. 
 
 LEX EST RATIO SUMMA, QUAE JUBET 
 quae sunt utilia et necessaria, et contraria 
 prohibet. Law is the perfection of reason, 
 which commands what is useful and neces- 
 sary, and forbids the contrary. Co. Litt. 
 319b. 
 
 LEX EST SANCTIO SANCTA, JUBENS 
 honesta, et prohibens contraria. Law is a 
 sacred sanction, commanding what is right, 
 and prohibiting the contrary. 2 Inst. 587. 
 
 LEX EST TUTISSIMA CASSIS; SUB 
 clypeo legis nemo declpitur. Law Is the saf- 
 est helmet; under the shield of the law no 
 one is deceived. 2 Inst. 56. 
 
 LEX ET CONSUETUDO PARLIAMENTI. 
 
 The law and custom of parliament The 
 houses of parliament constitute a court not 
 only of legislation, but also of justice, and 
 have their own rules, by which the court 
 itself and the suitors therein are governed. 
 May, Pari. Prac. (6th Ed.) 38-61. See 1 
 Bl. Comm. 163. 
 
 LEX ET CONSUETUDO REGNI. The law 
 and custom of the realm; one of the names 
 of the common law. , 
 
 LEX FALCIDIA. See "Falcidian Law." 
 
 LEX FAVET DOTI. The law favors dow- 
 er. 3 & 4 Wm. IV. c. 105. 
 
 LEX FINGIT UBI SUBSISTIT AEQUIT- 
 
 as. Law feigns where equity subsists. 11 
 Coke, 90; Branch, Princ. 
 
 LEX FORI (Lat. the law of the forum). 
 The law of the country, to the tribunal in 
 which an action is brought. 5 Clark & F. 
 1. 
 
 LEX FRANCORUM. The law of the 
 Franks; promulgated by Theodoric I., son of 
 Clovis I., at the same time with the law of 
 the Alemanni and Bavarians. Spelman. 
 This was a different collection from the 
 Salic law. 
 
 LEX FRISIONUM. The law of the Fris- 
 ians, promulgated about the middle of the 
 eighth century. Spelman. 
 
 LEX FURIA (or FUSIA) CANINIA. In Ro- 
 man law. The Furian Caninian law; a law 
 passed in the consulship of P. Furius Camil- 
 lus and C. Caninius Callus, A. U. 752, pro- 
 hibiting masters from manumitting by will 
 more than a certain number or proportion 
 of their slaves. This law was abrogated by 
 Justinian. Inst. 1. 7; Code, 7. 3; Heinec. 
 Elem. Jur. Civ. lib. 1, tit 7. 
 
LEX GOTHICA 
 
 605 
 
 LEX NON SCRIPTA 
 
 LEX GOTHICA. The Ck)thic law, or law 
 of the Goths. First promulgated in writ- 
 ing, A. D. 466. Spelman. 
 
 LEX HOSTILIA. The Hostilian law, pass- 
 ed in the consulship of A. Hostilius, author- 
 izing actions of theft to be brought in the 
 name of captives or persons absent on the 
 business of the state. Inst. 4. 10. pr.; 
 Calv. Lex. 
 
 LEX IMPERATORIA. The Imperial or 
 Soman law. Quoted under this name by 
 Fleta, lib. 1, c. 38, § 15; Id. lib. 3, c. 10, 
 i 3. 
 
 LEX INTENDIT VICINUM VICINI FAC- 
 ta scire. The law presumes that one neigh- 
 bor knows the actions of another. Co. Litt. 
 78b. 
 
 LEX JUDICAT DE REBUS NECESSARIO 
 faciendis quasi re Ipsa factis. The lav judges 
 of things which must necessarily be done 
 as if actually done. Branch, Princ. 
 
 LEX JUDICIALIS. An ordeal. Leg. H. 1. 
 
 LEX JULIA MAJESTATIS. In Roman law. 
 The Julian law of majesty; a law promul- 
 gated by Julius Caesar, and again published 
 with additions by Augustus, comprehending 
 all the laws before enacted to punish trans- 
 gressors against the state. Halifax, Anal, 
 bk. 3, c. 12; Calv. Lex. 
 
 LEX LOCI (Lat.) The law of the place. 
 This may be either lex loci contractus aut 
 actus, the law of the place of making the 
 contract or of the thing done; lex loci rei 
 sitae, the law of the place where the thing 
 is situated; lex loci domicilii, the law of the 
 place of domicile. 
 
 In general, however, lex loci is only used 
 for lex loci contractus aut actus. 
 
 LEX LOCI DELICTUS. The law of the 
 place where an offense was committed. 
 
 LEX LOCI SOLUTIONIS. The law of the 
 place where payment or performance of a 
 contract is, by its terms, to be made. 
 
 LEX LONGOBARDORUM (Lat.) The 
 name of an ancient code in force among the 
 Lombards. It contains many evident traces 
 of feudal policy. It survived the destruc- 
 tion of the ancient government of Lombardy 
 by Charlemagne, and is said to be still par- 
 tially in force in some districts of Italy. 
 
 LEX MANIFESTA. Manifest or open law; 
 the trial by duel or ordeal. The same as 
 lex apparens (q. v.). 
 
 LEX MERCATORIA (Lat.) That system 
 of laws which is adopted by all commercial 
 nations, and which, therefore, constitutes a 
 part of the law of the land. See "Law 
 Merchant." 
 
 LEX NECESSITATIS EST LEX TEMPO- 
 rls, i. e., instantis. The law of necessity is 
 
 the law of time, that is, time present. Hob. 
 159. 
 
 LEX NEMINEM OOGIT AD VANA SEU 
 Inutilia peragenda. The law forces no one 
 to do vain or useless things. Wingate, Max. 
 600; 3 Bl. Comm. 144; 2 Bing. (N. C.) 121; 
 13 East, 420; 7 Pa. St. 206, 214; 3 Johns. 
 (N. Y.) 598. 
 
 LEX NEMINEM COGIT OSTENDERE 
 quod nescire praesumitur. The law forces 
 no one to make known what he is presumed 
 not to know. LoflFt, 569. 
 
 LEX NEMINI FACIT INJURIAM. The law 
 does wrong to no one. Branch, Princ. 
 
 LEX NEMINI OPERATUR INIQUUM, NE- 
 mini facit injuriam. The law never works 
 an injury, or does him a wrong. Jenk. Cent. 
 Cas. 22. 
 
 LEX NIL FACIT FRUSTRA, NIL JUBETy^ 
 
 frustra. The law does nothing and com- 
 mands nothing in vain. 3 Bulst. 279; Jenk. 
 Cent. Cas. 17. 
 
 LEX NON A REGE EST VIOLANDA. The 
 
 law is not to be violated by the king. Jenk. 
 Cent. Cas. 7. 
 
 LEX NON COGIT AD IMPOSSIBILIA. 
 
 The law requires nothing impossible. Co. 
 Litt. 231b; Hob. 96; 1 Bouv. Inst, note 851. 
 
 LEX NON CURAT DE MINIMIS. The law 
 does not regard small matters. Hob. 88. 
 
 LEX NON DEFICIT IN JUSTITIA EXI- 
 
 benda. The law does not fail in showing 
 justice. Jenk. Cent. Cas. 31. 
 
 LEX NON EXACTE DEFINIT, SED AR- 
 bitrlo boni viri permittit. The law does not 
 define exactly, but trusts in the judgment of 
 a good man. 9 Mass. 475. 
 
 LEX NON FAVET VOTIS DELICATO- 
 rum. The law favors not the wishes of the 
 dainty. 9 Coke, 58a. 
 
 LEX NON INTENDIT ALIQUID IMPOS- 
 sibile. The law Intends not anything impos- 
 sible. 12 Coke, 89a. 
 
 LEX NON PATITUR FRACTIONES ET 
 
 divisiones statuum. The law suffers no frac- 
 tions and divisions of estates. 1 Coke, 87; 
 Branch, Princ. 
 
 LEX NON PRAECIPIT INUTILIA, QUIA 
 inutilis labor stultus. The law commands 
 not useless things, because useless labor is 
 foolish. Co. Litt. 197; 5 Coke, 89a. 
 
 LEX NON REQUIRIT VERIFICARE 
 quod apparet curiae. The law does not re- 
 quire that to be proved which is apparent to 
 the court. 9 Coke, 54. 
 
 LEX NON SCRIPTA. (Lat.) Law not 
 written; unwritten law; a law originating 
 in custom, and having its force from long 
 and immemorial usage. The term is ap- 
 
LEX ORDINANDI 
 
 606 
 
 LEX TALIONIS 
 
 plied to the common law of England, not in 
 the literal sense of an unwritten or oral 
 law, but in that of a law not derived from 
 express legislative enactment. 1 Bl. Comm. 
 63, 64, 67. 
 
 LEX ORDINANDI. The same as lex fori 
 {q. v.). 
 
 LEX PAPIA POPPAEA. In Roman law. 
 The Papian Poppaean law; a law proposed 
 by the consuls Papius and Poppaeus at the 
 desire of Augustus, A. U. 762, enlarging the 
 lex Praetoria (q. v.). Inst. 3. 8. 2; Halifax, 
 Anal. bk. 2, c. 10. 
 
 LEX PLUS LAUDATUR QUANDO RA- 
 
 tione probatur. The law is the more praised 
 when it is consonant to reason. 3 Term R. 
 146; 7 Term R. 252; 7 Adol. & E. 657; 
 Broom, Leg. Max. (3d London Ed.) 151. 
 
 LEX POSTERIOR DEROGAT PRIORI. A 
 prior statute shall give place to a later. 
 Mackeld. Civ. Law, 5; Broom, Leg. Max. (3d 
 London Ed.) 27. 
 
 LEX PRAETORIA. In Roman law. The 
 Praetorian law; a law by which every f reed- 
 man who made a will was commanded to 
 leave a moiety to his patron. Inst. 3. 8. 1. 
 
 L. C. B. Gilbert has applied the term to 
 the rules that govern in a court of equity. 
 Gilb. Ch. pt. 2. 
 
 LEX PROSPICIT, NON RESPICIT. The 
 law looks forward, not backward. Jenk. 
 Cent. Cas. 284. See "Retrospective Law." 
 
 LEX PUNIT MENDACIUM. The law pun- 
 ishes falsehood. Jenk. Cent. Cas. 15. 
 
 LEX REGIA. A law by which it was 
 claimed that the legislative power was 
 transferred by the Roman people to the em- 
 peror. Inst. 1, 2. 6. Whether such a law 
 was passed has been doubted. 1 Kent, 
 Comm. 544; Tayl. Civ. Law, 236, note. 
 
 LEX REI SITAE (Lat.) The law of the 
 place of situation of the thing. 
 
 LEX REJICIT SUPERFLUA, PUGNAN- 
 
 tla, incongrua. The law rejects superfluous, 
 contradictory, and incongruous things. 
 Jenk. Cent. Cas. 133, 140, 176. 
 
 LEX REPROBAT MORAM. The law dis- 
 approves of delay. 
 
 LEX RESPICIT AEQUITATEM. Law re- 
 gards equity. See 14 Q. B. 504, 511, 512. 
 
 LEX RHODIA. The Rhodian law, particu- 
 larly the fragment of it on the subject of 
 jettison {de jactu), preserved in the Pan- 
 dects. Dig. 14. 2. 1; 3 Kent, Comm. 232, 
 233. 
 
 LEX SACRAMENTALIS. Purgation by 
 oath. Leg. H. 1. 
 
 LEX SALICA, The Salic law; the law of 
 the Salian Franks, a people of Germany 
 
 who settled in Gaul in the fifth centiiry. It 
 is the oldest of the barbarian codes,! being 
 said to have been framed about A. D. 422. 
 The most celebrated provision of this code, 
 one excluding females from inheritance, is 
 often referred to alone as the Salic law. 
 
 According to Spelman, many provisions 
 of tha laws of Henry I. were taken from 
 this source. 
 
 LEX SCRIPT A. The statutory law. 20 
 111. App. 288. 
 
 LEX SCRIPTA SI CESSET, ID CUSTODI. 
 ri oportet quod moribus et consuetudlne In- 
 ductum est; et, si qua in re lioc defecerit, 
 tunc id quod proximum et consequens el est; 
 et, si id non appareat, tunc Jus quo urbs 
 Romana utitur servari oportet. If the writ- 
 ten law be silent, that which is drawn from 
 manners and custom ought to be observed; 
 and, if that is in any manner defective, then 
 that which is next and analogous to it; and, 
 if that does not appear, then the law which 
 Rome uses should be followed. 7 Coke, 19. 
 This maxim of Lord Coke is so far followed 
 at the present day that, in cases where there 
 is no precedent of the English courts, the 
 civil law is always heard with respect, and 
 often, though not necessarily, followed. 
 Wharton. 
 
 LEX SEMPER DABIT REIVIEDIUM. The 
 law will always give a remedy. 3 Bouv. 
 Inst, note 2411; Bac. Abr. "Actions in Gen- 
 eral" (B) ; Branch, Princ; Broom, Leg. 
 Max. (3d London Ed.) 181; 12 Adol. & E. 
 266; 7 Q. B. 451. 
 
 LEX SEiVIPER INTENDIT QUOD CON- 
 venit rationl. The la^y always Intends what 
 is agreeable to reason. Co. Litt. 78. 
 
 LEX SITUS. Modern law Latin for "the 
 law of the place where property is situat- 
 ed." The general rule is that lands and 
 other imihovables are governed by the l&x 
 situs, i. e., by the law of the country in 
 which they are situated. Westl. Priv. Int. 
 Law, 62. 
 
 LEX SPECTAT NATURAE ORDINEM. 
 The law regards the order of nature. Co. 
 Litt. 197; Broom, Leg. Max. (3d London 
 Ed.) 231. 
 
 LEX SUCCURRIT IGNORANTI. The laws 
 succor the ignorant. Jenk. Cent. Cas. 15. 
 
 LEX SUCCURRIT MINORIBUS. The law 
 assists minors. Jenk. Cent. Cas. 67. 
 
 LEX TALIONIS (Lat.) The law of retalia- 
 tion, an example of which is given in the 
 law of Moses, — an eye for an eye, a tooth 
 for a tooth, etc. 
 
 Amicable retaliation includes those acts 
 of retaliation which correspond to the acts 
 of the other nation under similar circum- 
 stances. 
 
 Jurists and writers on international law 
 are divided as to the right of one nation 
 punishing with death, by way of retaliation. 
 
LEX TERRAE 
 
 607 
 
 LIBEL OP ACCUSATION 
 
 the citizens or subjects of another nation. 
 In the United States, no example of such 
 barbarity has ever been witnessed; but 
 prisoners have been kept in close confine- 
 ment in retaliation for the same conduct 
 towards American prisoners. See Ruther- 
 ford, Inst. bk. 2, c. 9; Mart. Law Nat. bk. 
 8, c. 1, § 3, note; 1 Kent, Comm. 93; Whea- 
 ton, Int. Law, pt. 4, c. 1, § 1. 
 
 Vindictive retaliation includes those acts 
 which amount to a war. 
 
 Lex TERRAE (Lat.) The law of the land. 
 See "Due Process of Law." 
 
 LEX UNO ORE OMNES ALLOQUITUR. 
 
 The law speaks to all with one mouth. 2 
 Inst. 184. 
 
 LEX VIGILANTIBUS, NON DORMIENTI- 
 bus subvenit. Law assists the wakeful, not 
 the sleeping. 1 Story, Cent. (4th Ed.) 502. 
 
 LEX WALLENSICA. The Welsh law; the 
 law of Wales. Blount. 
 
 LEX WISIGOTHORUM. The law of the 
 
 Visigoths, or Western Goths, who settled in 
 Spain; first reduced to writing A. D. 466. 
 They were made by Euric, amended by 
 Chindaswindus and Recaswindus. A revi- 
 sion of these laws was made by Egigas. 
 Spelman. 
 
 LEY (Old Fr.; a corruption of lot). Law. 
 For example, Termes de la Ley, — Terms of 
 the Law. In another, and an old technical, 
 sense, ley signifies an oath, or the oath with 
 compurgators; as, il tend sa ley aiu pleyn- 
 tiffe. Britt. c. 27. 
 
 LEY CIVILE. In old English law. The 
 civil or Roman law. Y. B. H. 8 Edw. III. 
 42. Otherwise termed ley escripte, the writ- 
 ten law. Y. B. 10 Edw. III. 24. 
 
 LEY GAGER. Wager of law; an offer to 
 make an oath denying the cause of action of 
 the plaintiflF, confirmed by compurgators (q. 
 v.), which oath used to be allowed in cer- 
 tain cases. When it was accomplished, it 
 was called the "doing of the law," fesans de 
 ley. Termes de la Ley, "Ley"; 2 Barn. & C. 
 538; 3 Bos. & P. 297; 3 & 4 Wm. IV. c 42, 
 § 16. 
 
 LEYES DE ESTILLO. In Spanish law. 
 Laws of the age; a book of explanations of 
 the Fuero Real, to the number of two hun- 
 dred and fifty-two, formed under the author- 
 ity of Alonzo X. and his son Sancho, and of 
 Fernando el Emplazado, and published at 
 the end of the thirteenth century or begin- 
 ning of the fourteenth, and some of them 
 are inserted in the New Recopilaclon. See- 1 
 White, New Rccop. p. 854. 
 
 LEZE MAJESTY. An offense against sov- 
 ereign power ; treason ; rebellion. See "I«se 
 Majesty." 
 
 Ul. LO. An abbreviation of licentia lo- 
 quendi, formerly used in practice to signify 
 an imparlance. Towns. PI. 169. 
 
 LIABILITY. Responsibility; the state of 
 one who is bound in law and 'justice to do 
 something which may be enforced by action. 
 This liability may arise from contracts 
 either express or implied, or in consequence 
 of torts committed. 
 
 LIBEL. 
 
 In Practice. A written statement by a 
 
 plaintiff, in ecclesiastical and admiralty 
 courts, of his cause of action, and of the re- 
 lief he seeks to obtain in a suit. Law, Ecc. 
 Law, 17; Ayliffe, Par. 346; Shelf. Mar. & 
 Div. 506; Dunl. Adm. Prac. 111. It performs 
 substantially the same office in the ecclesi- 
 astical courts, and those courts which fol- 
 low the practice of the ecclesiastical courts, 
 as the bill in chancery and the declaration 
 in common-law practice. 
 
 In Torts. That which la written or 
 
 printed, and published, calculated to injure 
 the character of another by bringing him 
 into ridicule, hatred, or contempt. Parke, 
 J., 15 Mees. & W. 344. 
 
 Everything, written or printed, which re- 
 flects on the character of another, and is 
 published without lawful justification or ex- 
 cuse, is a libel, whatever the intention may 
 have been. 15 Mees. & W. 487. 
 
 A malicious defamation, expressed either 
 in printing or writing, or by signs or pic- 
 tures, and tending either to blacken the 
 memory of one who is dead, or the reputa- 
 tion of one who is alive, and expose him to 
 public hatred, contempt, or ridicule. 1 
 Hawk. P. C. bk. 1, c. 73, i 1; 4 Mass. 168; 
 2 Pick. (Mass.) 115; 9 Johns. (N. Y.) 214; 
 1 Denio (N. Y.) 347; 24 Wend. (N. Y.) 434; 
 9 Barn & C. 172; 4 Man. & R. 127; 2 Kent, 
 Comm. 13. 
 
 It has been defined, perhaps, with more 
 precision, to be a censorious or ridiculous 
 writing, picture, or sign made with a mali- 
 cious or mischievous intent towards govern- 
 ment, magistrates, or individuals. 3 Johns. 
 Cas. (N. Y.) 354; 9 Johni. (N. Y.) 215; 5 
 Bin. (Pa.) 340. 
 
 Any publication not oral, which exposes a 
 person to hatred, contempt, ridicule, or 
 obloquy, or tends to injure him in his 
 business or calling, impairing his standing 
 in society, or cause him to be shunned or 
 avoided by his neighbors. Odgers, Libel & 
 S. 22. 
 
 LIBEL OF ACCUSATION. In Scotch law. 
 The instrument which contains the charge 
 against a person accused of a crime. Libels 
 are of two kinds, namely, indictments and 
 criminal letters. 
 
 Every libd assumes the form of what is 
 termed, in logic, a "syllogism." It is first 
 stated that some particular kind of act is 
 criminal; as, that "theft is a crime of a 
 heinous nature, and severely punishable." 
 This proposition is termed the "major." It 
 is next stated that the person accused is 
 guilty of the crime so named, "actor, or art 
 and part." This, with the narrative of the 
 manner in which, and the time when, the 
 offense was committed, is called the "minor" 
 
LIBELLANT 
 
 608 
 
 LIBER NIGER SCACCARII 
 
 proposition of the libel. The "conclusion" is 
 that, all or part of the facts being proved, 
 or admitted by confession, the panel "ought 
 to be punished with the pains of the law, to 
 deter others from committing the like crime 
 in all time coming." Burton, Pub. Laws, 
 300, 301. 
 
 LIBELLANT. The party who files a libel 
 in an ecclesiastical or admiralty case, cor- 
 responding to the plaintiff in actions in the 
 common-law courts. 
 
 LIBELLEE. A party against whom a libel 
 has been filed in proceedings in an ecclesi- 
 astical court or in admiralty, corresponding 
 to the defendant in a common-law suit. 
 
 LIBELLUS (Lat.) 
 
 — 1 — In Civil Law. A little book. Lihellus 
 supplex, a petition, especially to emperor, 
 all petitions to whom must be in writing. 
 L. 15, Dig. in jus voc. Libellum rescribere, 
 to mark on such petition the answer to it. 
 L. 2, § 2, Dig. de jur. fisa. Lihellum agere, 
 to assist or counsel the emperor in regard 
 to such petitions, L. 12, Dig. de distr. pign.; 
 and one whose duty it is to do so is called 
 magister libellorum. There were also pro- 
 magistri. L. J, Dig. de offic. praef. pract. 
 Lihellus accusatorius, an information ' and 
 accusation of a crime. L. 17, § 1, and L. 
 29, § 8, Dig. ad leg. Jul de adult. Lihellus 
 divortii, a writing of divorcement. L. 7, Dig. 
 de divort. et repud. Lihellus remm, an in- 
 ventory. Calv. Lex. Lihellus or oratio con- 
 sultoria, a message by which emperors laid 
 matters before senate. Calv. Lex.; Suet. 
 Caes. 56. 
 
 A writing in which is contained the 
 names of the plaintiff (actor) and defend- 
 ant (reus), the thing sought, the right re- 
 lied upon, and name of the tribunal before 
 which the action is brought. Calv. Lex. 
 
 Lihellus appellatorius, an appeal. Calv. 
 Lex. ; L. 1, § ult., Dig. ff. de appellat. 
 
 In English Law (sometimes called 
 
 libellus conventionaMs) . A bill. Bracton, 
 fol. 112. 
 
 LIBELLUS CONVENTIONIS. In the civil 
 law. The statement of a plaintiff's claim in 
 a petition presented to the magistrate, who 
 directed an olficer to deliver it to the de- 
 fendant. 
 
 LIBELLUS FAMOSUS (Lat.) A libel; a 
 defamatory writing. L. 15, Dig. de poen.; 
 Vocat. sub "famosus." It may be without 
 writing; as, by signs, pictures, etc. 5 Rep. 
 de famosis libellis. 
 
 LIBELOUS. Constituting a libel. 
 
 LIBER (Lat.) 
 
 In Civil Law. A book, whatever the 
 
 material of which it is made; a principal 
 subdivision of a literary work; tnus, the 
 Pandects, or Digest of the Civil Law, is di- 
 vided into fifty books. L. 52, Dig. de legat. 
 
 In Civil and Old English Law. Free'; 
 
 e. g., a free (liber) bull. Jacob. Exempt 
 
 from service or jurisdiction of another, e. g., 
 a. ffee {liber) man. L. 3, Dig. de statu homi- 
 num. 
 
 LIBER ASSISARUM (Lat.) The book of 
 assigns or pleas of the crown; being the 
 fifth part of the Year Books. 
 
 LIBER BANCUS (Law Lat.) In old Eng- 
 lish law. Free bench. Bracton, fol. 97b. 
 
 LIBER ET LEGALIS HOMO (Lat.) A 
 free and lawful man; one worthy of being a 
 juryman. Liheri homines, freemen; owners 
 of land. Wright on Tenures, 66, and note. 
 He must neither be infamous nor a bond- 
 man. 3 Bl. Comm. 340, 362; Bracton, fol. 
 14b; Fleta, lib. 6, c. 25, § 4; Id. lib. 4, c. 
 5, § 4. 
 
 One must only be a freeman and not 
 bound, but also one that hath such free- 
 dom of mind that he stands indifferent as 
 he stands ims-qrom. 144 111. 163. See Liber 
 Homo. 
 
 LIBER FEUDORUM (Lat.) A code of the 
 feudal law, which was compiled by direction 
 of the emperor Frederick Barbarossa, and 
 published in Milan, in 1170. It was divided 
 into five books, of which the first, second, 
 and some fragments of the others still 
 exist, and are printed at the end of all the 
 modern editions of the Corpus Juris CivUis. 
 Giannone, bk. 13, c, 3; Cruise, Dig. prel. 
 diss. c. 1, § 31. 
 
 LIBER HOMO (Lat.) A free man; a free- 
 man lawfully competent to act as juror. 
 Ld. Raym. 417; Keb. 563. One must not 
 only be a freeman and not bound, but also 
 one that hath such freedom of mind that 
 he stands indifferent as he stands un- 
 sworn. 144 111. 163. See, also. Liber Et 
 Legalis Homo. 
 
 In London, a man can be a liber homo 
 either (1) by service, as having served his 
 apprenticeship; or (2) by birthright, be- 
 ing a son of a liber homo; or (3) by re- 
 demption, i. e., allowance of mayor and al- 
 dermen. There was no intermediate state 
 between villein and liber homo. Fleta, lib. 4, 
 c. 11, § 22. But a liber homo could be 
 vassal of another. Bracton, fol. 25. 
 
 In Old European Law. An allodial pro- 
 prietor, as opposed to a feudatory. Calv. 
 Lex. "Alode." 
 
 LIBER JUDICIARUM (Lat.) The book of 
 judgment, or doom book. The Saxon Dom- 
 boc. Conjectured to be a book of statutes of 
 ancient Saxon kings. See Jacob, "Domboc"; 
 1 Bl. Comm. 64. 
 
 LIBER NIGER (Lat.) Black book. A 
 name given to several ancient records. See 
 "Black Book of the Exchequer." 
 
 LIBER NIGER SCACCARII (Law Lat.) 
 The Black Book of the Exchequer, attribut- 
 ed to Gervase of Tillbury. 1 Reeve, Hist. 
 Eng. Law, 220, note. 
 
LIBER RUBER SCACCARII 
 
 609 
 
 LIBERTI 
 
 LIBER RUBER SCACCARII (Law Lat.) 
 The Red Book of the Exchequer. 1 Reeve, 
 Hist. Eng. Law, 220, note. See "Red Book 
 of the Exchequer." 
 
 LIBERA BATELLA (Law Lat.) In old 
 records. A free boat; the right of having a 
 boat to fish in a certain water; a species 
 of free fishery. Plac. Itin, apud Cestriam, 
 14 Hen. VIL 
 
 LIBERA ELEEMOSYNA (Law Lat.) In 
 old English law. Free alms; frankalmoign. 
 Bracton, fol. 27b. 
 
 LIBERA FALDA (Law Lat.) In old Eng- 
 lish law. Frank fold; free fold; free fold- 
 age. 1 Leon. 11. 
 
 LIBERA LEX (Law Lat.) In old English 
 law. Frank law; free law; otherwise called 
 lex terrae (q. v.). Called libera, according 
 to Lord Coke, to distinguish men who enjoy 
 it, and whose best and freest birthright it 
 is, from them that by their offenses have 
 lost it. Co. Litt. 94b. Amittere liberam le- 
 gem, to lose one's frank law. 3 Bl. Comm. 
 340; 4 Bl. Comm. 136; Crabb, Hist. Eng. 
 Law, 318, 319; Co. Litt. 294b; Fleta, lib. 
 4, c. 8, § 2. 
 
 LIBERA PISCARIA (Law Lat.) In old 
 English law. A free fishery (g. v.). Co. 
 Litt. 122a. 
 
 LIBERA WARRENA (Law Lat.) In old 
 English law. Free warren (q. v.) 
 
 LIBERAM LEGEM AMITTERE. To lose 
 one's free law (called the villainous judg- 
 ment) to become discredited or disabled as 
 juror and witness, to forfeit goods and 
 chattels and lands for life, to have those 
 lands wasted, houses razed, trees rooted up, 
 and one's body committed to prison. It was 
 anciently pronounced against conspirators, 
 but is now disused, the punishment sub- 
 stituted being fine and imprisonment. 
 Hawk. P. C. 61, c. 72, § 9; 3 Inst. 221. 
 
 LIBERARE. 
 
 In the Civil Law. To free or set free; 
 
 to liberate; to give one his liberty. Calv. 
 Lex. 
 
 In Old English Law. To deliver, trans- 
 fer, or hand over. Applied to writs, panels 
 of jurors, etc. Bracton, fols. 116, 176b. 
 
 LIBERATA PECUNIA NON LIBERAT 
 offerentem. Money being restored does not 
 set free the party offering, Co. Litt. 207, 
 
 LIBERATE (Lat.) In English practice. A 
 Writ which issues on lands, tenements, and 
 chattels, being returned under an extent on 
 a statute staple, commanding the sheriff to 
 deliver them to the plaintiff, by the extent 
 and appraisement mentioned in the writ of 
 extent, and in the sheriff's return thereto. 
 See Comyn, Dig. "Statute Staple" (D 6). 
 
 LIBERATIO. 
 
 -; — In Old English Law. Livery; money 
 paid for the delivery or use of a thing. 
 
 In Old Scotch Law. Livery; a fee 
 
 given to a servant or officer. Skene de Verb. 
 Sign. 
 
 Money, meat, drink, clothes, etc., yearly 
 given and delivered by the lord to his do- 
 mestic servants. Blount, 
 
 LIBERATION. In civil law. The extin- 
 guishment of a contract, by which he who 
 was bound becomes free or liberated. Wolff. 
 Dr. Nat. § 749. Synonymous with "pay- 
 ment." Dig. 50. 16. 47. 
 
 LIBERI. 
 
 In Saxon Law. Freemen; the posses- 
 sors of allodial lands. 1 Reeve, Hist. Eng. 
 law, 5. 
 
 In the Civil Law. Children. The term 
 
 included "grandchildren." 
 
 LIBERI CHASEA (or CHACIA) (Law 
 Lat.) In old English law. A free chase. 
 Reg. Jud, 37; Fleta, lib. 2, c. 41, § 51. 
 
 LIBERTAS. Liberty; freedom; a privi- 
 lege; a franchise. 
 
 LIBERTAS ECCLESIASTICA. Church lib- 
 erty, or ecclesiastical immunity. 
 
 LIBERTAS EST NATURALIS FACUL- 
 tas ejus quod cuique facere libet, nisi quod 
 de jure aut vi prohibetur. Liberty is the nat- 
 ural power of doing whatever one pleases, 
 except that which is restrained by law or 
 force. Co. Litt. 116. 
 
 LIBERTAS INAESTIMABILIS RES EST. 
 Liberty is an inestimable good. Dig. 50. 17. 
 106; Fleta, lib. 2, c. 51, § 13. 
 
 LIBERTAS NON RECIPIT AESTIMA- 
 tionem. Freedom does not admit a valua- 
 tion. Bracton, 14, 
 
 LIBERTAS OMNIBUS REBUS FAVORA- 
 billor est. Liberty is more favored than all 
 things. Dig. 50. 17. 122. 
 
 LIBERTAS REGALES AD CORONAM 
 spectantes ex concessione regum a corona 
 exierunt. Royal franchises relating to the 
 crown have emanated from the crown by 
 grant of kings. 2 Inst. 496. 
 
 LIBERTATIBUS ALLOCANDIS. A writ 
 lying for a citizen or burgess, impleaded 
 contrary to his liberty, to have his priv- 
 ilege allowed. Reg. Orig. 262. 
 
 LIBERTATIBUS EXIGENDIS IN ITINE- 
 re. An ancient writ, whereby the king com- 
 manded the justices in eyre to admit of an 
 attorney tot the defense of another's lib- 
 erty. Reg. Orig. 19. 
 
 LIBERTI, or LIBERTINL In Roman law. 
 The condition of those who, having been 
 slaves, had been made free. 1 Brown, Civ. 
 Law, 99. 
 
 There is some distinction between these 
 words. By libertua was understood the freed- 
 man when considered in relation to his pa- 
 tron, who had bestowed liberty upon him; 
 
LIBERTICIDE 
 
 610 
 
 LIBERTY TO HOLD PLEAS 
 
 and he was called libertinvs when consid- 
 ered in relation to the state he occupied in 
 society subsequent to his manumission, Lee. 
 Dr. Civ. § 93. 
 
 LIBERTICIDE. A destroyer of liberty. 
 
 LIBERTIES. Privileged districts exempt 
 from the sheriff's jurisdiction. - 
 
 LIBERTINUM INGRATUM LEGES CIV- 
 iles in pristinam servitutem redigun't; sed 
 leges Angillae semel manumissum semper 
 liberum judicant. The civil laws reduce an 
 ungrateful freedman to his original slav- 
 ery; but the laws of England regard a 
 man once manumitted as ever after free. 
 Co. Litt. 137. 
 
 LIBERTY (Lat. Uier, free; Kbertas, free- 
 dom, liberty). Freedom from restraint; the 
 faculty of willing, and the power of doing 
 what has been willed, without influence 
 from without. 
 
 As used in the constitution means not 
 only freedom of the citizen from servi- 
 tude and restraint, but embraces the right 
 of every man to be' free in the use of his 
 powers and faculties, and to adopt and 
 pursue such calling as he may choose, sub- 
 ject only to the restraints necessary to 
 secure the common welfare. 231 111. 346; 
 193 lU. 345; 185 111. 139; 161 111. 296; 217 
 111. 248; 155 Mass. 117; 109 N. Y. 389; 16 
 Wall. 36; 113 Pa. St. 431; 33 W. Va. 179. 
 
 A privilege held by grant or prescription, 
 by which some men enjoy greater priv- 
 ileges, than ordinary subjects. 
 
 A territory with some extraordinary priv- 
 ilege. 
 
 A part of a town or city; as, the North- 
 ern Liberties of Philadelphia. See "Fau- 
 bourg." 
 
 ' Civil liberty is the greatest amount of 
 absolute liberty which can, in the nature 
 of things, be equally possessed by every 
 citizen in a state. 
 
 The term is frequently used to denote the 
 amount of absolute liberty which is actual- 
 ly enjoyed by the various citizens under 
 the government and laws of the state as 
 administered. 1 Bl. Comm. 125. 
 
 The fullest political liberty furnishes the 
 best possible guaranty for civil liberty. 
 
 Lieber defines civil liberty as guaranteed 
 protection against interference with the in- 
 terests and rights held dear and important 
 by large classes of civilized men, or by all 
 the members of a state, together with an 
 effectual share in the making and adminis- 
 tration of the laws, as the best apparatus 
 to secure that protection, including Black- 
 stone's divisions of civil and political un- 
 der this head. 
 
 Natural liberty is the right which nature 
 gives to all mankind of disposing of their 
 persons and property after the manner tibey 
 judge most consonant to their happiness, on 
 condition of their acting within the limits 
 of the law of nature, and so as not to inter- 
 fere with an equal exercise of the same 
 
 rights by other men. Burlam. Nat. Law, c. 
 3, § 15; 1 Bl. Comm. 125. It is called by 
 Lieber "social" liberty, and is defined as 
 the protection of unrestrained action in as 
 high a degree as the same claim of protec- 
 tion of each individual admits of. 
 
 Personal liberty consists in the power of 
 locomotion, of changing situation, or remov- 
 ing one's person to whatever place one's in- 
 clination may direct, without imprisonment 
 or restraint, unless by due course of law. 1 
 Bl. Comm. 134. 
 
 Political liberty is an effectual share in 
 the making and administration of the laws. 
 Lieber, Civ. Lib. 
 
 Liberty, in its widest sense, means the 
 faculty of willing, and the power of doing 
 what has been willed, without influence 
 from without. It means self-determination, 
 unrestrainedness of action. Thus defined, 
 one being only can be absolutely free, name- 
 ly, God. So soon as we apply the word "lib- 
 erty" to spheres of human action, the term 
 receives a relative meaning, because the 
 power of man is limited; he is subject to 
 constant influences from without. If the 
 idea of unrestrainedness of action is ap- 
 plied to the social state of man, it receives 
 a limitation still greater, since the equal 
 claims of unrestrained action of all neces- 
 sarily involves the idea of protection 
 against interference by others. We thus 
 come to the definition, that liberty of social 
 man consists in the protection of unre- 
 strained action in as high a degree as the 
 same claim of protection of each individual 
 admits of, or in the most efficient protec- 
 tion of his rights, claims, interests, as man 
 or citizen, or of his humanity, manifested 
 as a social being. See "Right." The word 
 "liberty," applied to men in their political 
 state, may be viewed with reference to the 
 state as a whole, and in this case means 
 the independence of the state, of other 
 states; or it may have reference to the 
 relation of the citizen to the government, 
 in which case it is called "political" or 
 "civil" liberty; or it may have reference 
 to the status of a man as a political being, 
 contradistinguished from him who is not 
 considered master over his body, will, or 
 labor, — ^the slave. This is called "personal" 
 liberty, which, as a matter of course, in- 
 cludes freedom from prison. 
 
 LIBERTY OF THE PRESS. The right to 
 print and publish the truth, from good mo- 
 tives and for justifiable ends. 3 Johns. Cas. 
 (N. Y.) 394. The right to print without 
 previous license or restraint, subject to the 
 consequences of law. 1 Cow. (N. Y.) 628; 
 18 W. Va. 182. 
 
 LIBERTY OF THE RULES. A privilege 
 to go out of the Fleet and Marshalsea pris- 
 ons witibin certain limits, and there reside. 
 Abolished by 5 & 6 Vict. c. 22. 
 
 LIBERTY TO HOLD PLEAS. The liberty 
 of having a court of one's own. Thus,' cer- 
 tain lords had the privilege of holding 
 pleas vidthin their own manors. 
 
LIBERUM CORPUS 
 
 611 
 
 LICENSE 
 
 LIBERUM CORPUS AESTIMATIONEM 
 non recipit. The body of a freeman does i)Ot 
 admit of valuation. Dig. 9. 3. 7, 
 
 LIBERUM EST CUIQUE APUD SE EX- 
 plorare an expediat sibi consilium. Every 
 one is free to ascertain for himself whether 
 a recommendation is advantageous to his 
 interests. 6 Johns. (N. Y.) 181, 184. 
 
 LIBERUM MARITAGIUM (Lat.) In old 
 English law. Prank marriage {q. v.). 2 Bl. 
 Comm. 115; Litt. § 17; Bracton, fol. 21. 
 
 LIBERUM SERVITIUM. Free service; 
 service of a warlike sort by a feudatory ten- 
 ant; sometimes called servitium liherum ar- 
 morum. Somn. Gavelkind, p. 56; Jacob; 4 
 Coke, 9. 
 
 Service not unbecoming character of free- 
 men and soldiers to perform; as, to serve 
 under the lord in his wars, to pay a sum 
 of money, and the like. 2 Bl. Comm. 60. 
 The tenure of free service does not make a 
 villein a free man, unless homage or man- 
 umission precede, any more than a tenure 
 by villein services makes a freeman a vil- 
 lein. Bracton, fol. 24. 
 
 LIBERUM SOCAGIUM. In old English 
 law. Free socage. Bracton, fol. 207; 2 Bl. 
 Comm. 61, 62. 
 
 LIBERUM TENEMENTUM. 
 
 In Real Law. Freehold; frank tene- 
 ment. 2 Bouv. Inst, note 1690; 1 Washb. 
 Real Prop. 46. 
 
 In Pleading, A plea in justification by 
 
 the defendant in an action of trespass, by 
 which he claims that he is the owner of the 
 close described in the declaration, or that it 
 is the freehold of some third person, by 
 whose command he entered. 2 Salk. 453; 7 
 Term R. 355; 1 Wm. Saund. 299b, note. 
 
 It has the effect of compelling the plain- 
 tiff to a new assignment, setting out the 
 abuttals where he has the locus in quo only 
 generally in his declaration (11 East, 51, 72; 
 16 East, 343; 1 Bam. & C. 489) ; or to set 
 forth tenancy in case he claims as tenant 
 of the defendant, or the person ordering the 
 trespass (1 Saund. 299b). It admits pos- 
 session by the plaintiff, and the fact of 
 the commission of a trespass as charged. 
 2 McCord (S. C.) 226. 
 
 LIBLAC. In Saxon law. Witchcraft, par- 
 ticularly that kind which consisted in the 
 compounding and administering of drugs 
 and philters, 
 
 LIBLACUM. In Saxon law. Bewitching 
 any person; also a barbarous sacrifice. 
 
 LIBRA ARSA (Law Lat.) In old English 
 law. A pound burned; that is, melted, or 
 assayed by melting, to test its purity. Librae 
 arsae et pensatae, pounds burned and 
 weighed. A frequent expression in Domes- 
 day Book, to denote the purer coin in which 
 rents were paid. Spelman; Cowell. 
 
 LIBRA NUMERATA (Law Lat.) In old 
 English law. A pound counted; that is, 
 paid or reckoned by tale (ad numerwm), in- 
 stead of being weighed. Spelman. 
 
 LIBRA PENSA (or PENSATA) (Law 
 Lat.) In old English law. A pound 
 weighed, or tried by weight. Spelman. See 
 "Libra Arsa." 
 
 LIBRARIUS (Lat.) In the Roman law. A 
 writer or amanuensis; a copyist. Dig. 50. 
 17. 92. See Calv. Lex. 
 
 LIBRATA (Law Lat. from libra, a 
 pound). In old English law. A quantity of 
 land yielding a pound rent per annum; a 
 pound land. Bracton, fol. 16; Reg. Orig. 
 lb, 94; Fleta, lib. 5, c 5, 41; Cowell, voc. 
 "Fardingdeal." 
 
 LIBRIPENS (Lat.) In the Roman law. A 
 weigher, or balance holder; the person who 
 held a brazen balance in the ceremony of 
 emancipation per aes et libram. Inst. 2. 10. 
 1; Adam, Rom. Ant. 52. 
 
 LIBRORUM APPELLATIONS CONTI- 
 nentur omnia volumnia, sive in charta, sive 
 in membrana sint, sive in quavis alia mate- 
 ria. Under the name of books are contained 
 all volumes, whether upon paper, or parch- 
 ment, or any other material. Dig. 32. 52, pr. 
 et per tot. 
 
 LICENCIADO. In Spanish law. Lawyer 
 or advocate. By a decree of the Spanish 
 government of 6th November, 1843, it was 
 declared that all persons who have ob- 
 tained diplomas of "Licentiates in Juris- 
 prudence" from any of the literary uni- 
 versities of Spain are entitled to practice 
 in all the courts of Spain without first ob- 
 taining permission by the tribunals of jus- 
 tice. 
 
 Their title is furnished them by the min- 
 ister of the interior, to whom the univer- 
 sities forward a list of those whom they 
 think qualified. 
 
 This law does not apply to those already 
 licensed, who may, however, obtain the ben- 
 efit of it, upon surrendering their license 
 and complying with certain other formali- 
 ties prescribed by the law. 
 
 LICENSE (Lat. licere, to permit). 
 
 By Government. An authorization by 
 
 the government to an individual to do cer- 
 tain acts, or carry on a certain business. 
 Thus, marriage licenses, saloon keepers' li- 
 censes, pilots' licenses, etc. 
 
 In Contracts. A permission; a right 
 
 given by some competent authority to do an 
 act which, without such authority, would 
 be illegal. 
 
 An authority to do a particular act or se- 
 ries of acts on another's land without pos- 
 sessing any estate therein. 11 Mass. 533; 
 4 Sands. Ch. (N. Y.) 72; 1 Washb. Real 
 Prop. 148. 
 
 The written evidence of the grant of 
 such right. 
 
LICENSEE 
 
 612 
 
 LICET SAEPIUS REQUISITUS 
 
 An executed license exists where the li- 
 censed act has been done. 
 
 An executory license exists where the li- 
 censed act has not been performed. 
 
 An express license is one which is granted 
 in direct terms. 
 
 An implied license is one which is pre- 
 sumed to have been given from the acts of 
 the party authorized to give it. 
 
 It is distinguished from an easement, 
 which implies an interest in the land to be 
 affected, and a lease, or right to take the 
 profits of land. It may be, however, and 
 often is, coupled with a grant of some in- 
 terest in the land itself, or right to take 
 the profits. 1 Washb. Real Prop. 148. 
 
 A license may be by specialty (2 Pars. 
 Cont. 22) ; by parol (13 Mees. & W. 838; 4 
 Maule & S. 562; 7 Barb. [N. Y.] 4; 1 
 Washb. Keal Prop. 148) ; or by implication 
 from circumstances, as opening a door in 
 response to a knock (Hob. 62; 2 Greenl. 
 Ev. § 427). 
 
 In International Law. Permission 
 
 granted by a belligerent state to its own 
 subjects, or to the subjects of the enemy, 
 to carry on a trade interdicted by war. 
 Wheaton. Int. Law, 475. 
 
 In Patent Law. A right granted by a 
 
 patentee to another to use or vend the pat- 
 ented article. 
 
 ^In Pleading. A plea of justification to 
 
 an action of trespass, that the defendant 
 was authorized by the owner of the free- 
 hold to commit the trespass complained of. 
 
 A license must be specially pleaded to an 
 action of trespass (2 Term R. 166), but 
 may be given in evidence in an action on 
 the case (2 Mod. 6; 8 East, 308). 
 
 LICENSEE. A person to whom a license 
 has been granted. 
 
 Invitation. In a strict and legal sense 
 
 there is a distinction between a mere li- 
 censee and one who comes upon the prem- 
 ises of another by invitation, express or 
 implied. While in a general sense one 
 upon the premises of another by invitation 
 is a licensee, in a legal sense an invita- 
 tion gives the visitor a different status from 
 that of a licensee, and entitles him to a 
 somewhat higher degree of care from the 
 owner. 141 111. App. 437; 200 111. 122; 235 
 111. 526. 
 
 Naked Licensee. A person on prem- 
 ises by permission of law but without in- 
 vitation from the owner is a mere naked 
 licensee. 179 111. App. 604; 143 111. 189. 
 
 LICENSOR. The grantor of a license. 
 
 LICE NT I A. Lat. [from licere, to be law- 
 ful.] License; liberty; permission. 
 
 LICENTIA CONCORDANDl (Lat. leave to 
 agree). One of the formal steps in the 
 levying a fine. When an action is brought 
 for the purpose of levying a fine, the de- 
 fendant, knowing himself to be in the 
 wrong, is supposed to make overtures of 
 accommodation to the plaintiff, who ac- 
 cepts them, but, having given pledges to 
 
 prosecute his suit, applies to the court, 
 upon the return of the writ of covenant, for 
 leave to make the matter up. This, which 
 is readily granted, is called the licentia con- 
 cordandi. 5 Coke, 39; Cruise, Dig. tit. 35, e. 
 2, 22. 
 
 LICENTIA LOQUENDI. Imparlance. 
 
 LICENTIA SURGENDI. In old English 
 law. Liberty of rising; a liberty or space 
 of time given by the court to a tenant, who 
 is essoined, de malo lecti, in a real action, 
 to arise out of his bed. Also, the writ 
 thereupon. If the demandant can show that 
 the tenant was seen abroad before leave 
 of court, and before being viewed by the 
 knights appointed by the court for that pur- 
 pose, such tenant shall be taken to be de- 
 ceitfully essoined, and to have made de- 
 fault. Bracton, lib. 5; Pleta, lib. 6, c. 10. 
 
 LICENTIA TRANSFRETANDI. A writ or 
 warrant directed to keeper of port of Dover, 
 or other seaport, commanding him to let the 
 person who has this license of the king pass 
 over sea. Reg. Orig. 93, 
 
 LICENTIATE. One who has license to 
 practice any art or faculty. 
 
 LICENTIOUSNESS. The doing what one 
 pleases, without regard to the rights of 
 others. It differs from liberty in this, that 
 the latter is restrained by natural or posi- 
 tive law, and consists in doing whatever we 
 please not inconsistent with the rights of 
 others, whereas the former does not respect 
 those rights. Wolflf. Inst. § 84. 
 
 In a narrower sense, lewdness or lascivi- 
 ousness. 
 
 LICERE, or LICERI (Lat.) In Roman law. 
 To offer a price for a thing; to bid for it. 
 
 LICET (Lat.) It is lawful; not forbidden 
 by law. 
 
 Id omne licitum est, quod non est legibus 
 prohibitum, quamohrem, quod, lege permit' 
 tente, fit, poenam non meretur. Licere did- 
 mus quod legibus, moribus, institutisque 
 eonceditur. Cic. Philip. 13; L. 42, D. S. de 
 ritu nupt. Est aliquid quod non oporteat; 
 tametsi licet; quicquod vero non licet certe 
 non oportet. L. verbum oportere, ff. de verb, 
 et rer. sign. 
 
 Although. Calv. Lex. An averment that 
 "although such a thing is done or not done" 
 is not implicative of the doing or not do- 
 ing, but a direct averment of it. Plowd. 127. 
 
 LICET DISPOSITIO DE INTERESSE FU- 
 turo sit inutilis tamen potest fieri declaratio 
 praecedens quae sortiatur effectum inter- 
 veniente novo actu. Although the grant of 
 a future interest be inoperative, yet a dec- 
 laration precedent may be made which may 
 take effect, provided a new act intervene. 
 Bac. Max. reg. 14; Broom, Leg. Max. 
 London Ed.) 600. 
 
 LICET SAEPIUS REQUISITUS (Lat al- 
 though often requested). In pleading. A 
 
LICITA BENE MISCENTUR 
 
 613 
 
 LIEN 
 
 formal allegation in a declaration that the 
 defendant has been often requested to per- 
 form the acts of nonperformance of which 
 is complained of. 
 
 It is usually alleged in the declaration 
 that the defendant, licet saepius requisitus, 
 etc., he did not perform the contract the 
 yiolation of which is the foundation of the 
 action. This allegation is generally suf- 
 ficient when a request is not parcel of the 
 contract. Indeed, in such cases it is un- 
 necessary even to lay a general request; 
 for the bringing of the suit is itself a suf- 
 ficient request. 1 Saund. 33, note 2; 2 
 Saund. 118, note 3; Plowd. 128; 1 Wils. 33; 
 2 H. Bl. 131; 1 Johns. Cas. (N. Y.) 99, 319; 
 7 Johns. (N. Y.) 462; 18 Johns. (N. Y.) 
 485; 3 Maule & S. 150. See "Demand." 
 
 LICITA BENE MISCENTUR, FORMULA 
 nisi Juris obstet. Lawful acts may well be 
 fused into one, unless some form of law 
 forbid; e. g., two having a right to convey, 
 each a moiety, may unite and convey the 
 whole. Bac. Max. 94; Crabb, Real Prop. 
 179. 
 
 LICITACION. In Spanish law. The sale 
 made at public auction by coproprietors, or 
 coheirs, of their joint property which is not 
 susceptible of being advantageously divided 
 in kind. 
 
 LICITARE (Lat.) In Roman law. To of- 
 fer a price at a sale; to bid; to bid often; 
 to make several bids, one above another. 
 Calv. Lex. 
 
 LICITATION. In civil law. An offering 
 for sale to the highest bidder, or to him who 
 will give most for a thing. An act by which 
 coheirs or other coproprietors of a thing in 
 common and undivided betweeii them put it 
 to bid between them, to be adjusted and to 
 belong to the highest and last bidder, upon 
 condition that he pay to each of his copro- 
 prietors a part in the price equal to the un- 
 divided part which each of the said copro- 
 prietors had in the estate licited, before the 
 adjudication. Poth. Cont. Sale, notes 516, 
 688. 
 
 In Roman law. A bidder at 
 
 LICITATOR. 
 
 a sale. 
 
 LIDFORD LAW. See "Lynch Law." 
 
 LIEGE (from liga, a bond, or litis, a man 
 wholly at command of his lord) . In feudal 
 law. Bound by a feudal tenure; bound in 
 allegiance to the lord paramount, who owned 
 no superior. 
 
 The term was applied to the lord, or liege 
 lord, to whom allegiance was due, since he 
 was bound to protection and a just govern- 
 ment, and also' to the feudatory, liegeman, 
 or subject bound to allegiance, for he was 
 bound to tribute and due subjection. 34 & 
 35 Hen. VIII. So lieges are the king's sub- 
 jects. St. 8 Hen. VI. c. 10; 14 Hen. VIII. c. 
 2. So in Scotland. Bell, Diet. But in an- 
 cient times private persons, as lords of 
 
 manors, had their lieges. Jacob; 1 Bl. 
 Comm. 367. 
 
 Liege, or ligius, was used in old records 
 for full, pure, or perfect; e. g., ligia potea- 
 tas, full and free power of disposal. Par. 
 Ant. 280. Probably in this sense derived 
 from legitima. So in Scotland. See "Liege 
 Poustie." 
 
 LIEGE HOMAGE. Homage based on alle- 
 giance, as opposed to that which implied 
 merely an acknowledgment of tenure. The 
 former was due to the sovereign alone, 
 while the latter was rendered to any su- 
 perior lord of whom lands were held. 1 Bl. 
 Comm. 367. 
 
 LIEGE LORD. A sovereign; a superior 
 lord. 
 
 LIEGE POUSTIE (legitima potestas). In 
 Scotch law. That state of health which 
 gives a person full power to dispose of, 
 mortis causa, or otherwise, his heritable 
 property. Bell, Diet. 
 
 LIEGEMAN. He that oweth allegience. 
 Cowell. 
 
 LIEGER, or LEGER. A resident ambas- 
 sador. 
 
 LIEGES, or LIEGE PEOPLE. Subjects. 
 
 LIEN. A French word which originally 
 signified a string, tie, or band, and in the 
 metaphorical sense in which the law now 
 uses it, it signifies the hold or claim which 
 one person has upon the property of an- 
 other as security for the satisfaction of a 
 debt, duty or demand, by which he may, 
 if in possession of the property, detain it 
 until the same is satisfied. 2 South. (N. J.) 
 441. Actual possession by the lien claim- 
 ant being essential. 62 Barb. (N. Y.) 323; 
 26 Wend. (N. Y.) 467. 
 
 The term may be defined as a charge im- 
 posed on specific property, real or personal, 
 by which it is made security for the per- 
 formance of an act. 4 Cliff. (U. S.) 225. 
 
 In every case in which property, either 
 real or personal, is charged with the pay- 
 ment of a debt or duty, every such charge 
 may be denominated a lien on the prop- 
 erty. It differs from an estate in or title 
 to the property, as it may be discharged 
 at any time by payment of the sum for 
 which the lien attaches. It differs from a 
 mortgage in the fact that a mortgage is 
 made and the property delivered, or other- 
 wise, for the express purpose of security; 
 while the lien attaches as incidental to the 
 main purpose of the bailment, or, as in case 
 of a judgment, by mere act of the law, 
 without any act of the party. In this gen- 
 eral sense, the word is commonly used by 
 English and American law writers to in- 
 clude those preferred or privileged claims 
 given by statute or by admiralty law, and 
 which seem to have been adopted from the 
 civil law, as well as the security existing 
 at common law, to which the term more 
 exactly applies. 
 
LIEN 
 
 614 
 
 LIFE ASSURANCE 
 
 Liens are divided, in rei^eot to their 
 origin and nature, into common law, civil 
 law, equitable, maritime, and statutory. 
 
 (1) Common-law liens. As distinguished 
 from the other classes, they consist in a 
 mere right to retain possession until the 
 debt OF charge is paid. 
 
 In the case of a factor, an apparent ex- 
 ception exists, as he is allowed a lien on 
 the proceeds of goods sold, as well as on 
 the goods themselves. But this seems to 
 result from the relation of the parties, and 
 the purposes of the bailment; to effectuate 
 which, and at the same time give a se- 
 curity to the factor, the law considers the 
 possession, or right to possession, of the 
 proceeds, the same thing as the possession 
 of the goods themselves. 
 
 A particular lien is a right to retain the 
 property of another on account of labor 
 employed or money expended on that 
 specific property. Whit. Liens, 9. 
 
 A general lien is a right to retain the 
 property of another on account of a general 
 balance due from the owner. 3 Bos. & P. 
 494. 
 
 (2) Civil-law liens. The civil law em- 
 braces, under the head of mortgages and 
 privilege, the peculiar securities which, in 
 the common and maritime law, and equity, 
 are termed "liens." 
 
 In regard to privilege, Domat says: "We 
 do not reckon in the number of privileges 
 the preference which the creditor has on 
 the movables that have been given him in 
 a pawn, and which are in his custody. The 
 privilege of a creditor is the distinguish- 
 ing right which the nature of his credit 
 gives him, and which makes him to be pre- 
 ferred before other creditors, even those 
 who are prior in time, and who have mort- 
 gages." Domat. Civ. Law, pt. 1, lib. iii. tit. 
 i. 8 v. 
 
 These privileges are of two kinds: One 
 gives a preference on all the goods, vrtth- 
 out any particular assignment on any one 
 thing; the other gives to the creditors 
 their security on certain things, and not 
 on the other goods. 
 
 (3) Equitable liens. Such as exist in 
 equity, and of which courts of fequity alone 
 take cognizance. 
 
 A lien is neither a jus in re nor a jus ad 
 rem. It is not property in the thing, nor 
 does it constitute a right of action for the 
 thing. It more properly constitutes a 
 charge upon the thing. In regard to these 
 liens, it may be generally stated that they 
 arise ftom constructive trusts. They are, 
 therefore, wholly independent of the pos- 
 session of the thing to which they are at- 
 tached as an incumbrance, and they can be 
 enforced only in courts of equity. Story, Eq. 
 Jur. § 1217. 
 
 An equitable lien on a sale of realty is 
 very different from a lien at law, for it 
 operates after the possession has been 
 changed, and is available by way of charge 
 instead of detainer. Adams, Eq. Jur. 127. 
 
 (4) Maritime liens. Maritime liens do 
 not Include or require possession. The word 
 lien is used in maritime law, not in the 
 strict legal sense in which we understand 
 it in courts of common law, in which case 
 there could be no lien where there was no 
 possession, actual or constructive; but to 
 express, as if by analogy, the nature of 
 claims which neither presuppose nor orig- 
 inate in possession. 22 Eng. Law & Eq. 62. 
 See 15 Bost. Law Rep. 555; 16 Best. Law 
 Rep. 1, 264; 17 Bost. Law Rep. 93, 421. A 
 distinction is made in the United States 
 between qualified maritime liens, which de- 
 pend upon possession, and absolute mari- 
 time liens, which do not require nor de- 
 pend upon possession. 7 How. (U. S.) 729. 
 
 (6) Statutory liens. Under this head it is 
 convenient to consider some of those liens 
 which subsist at common law, but have been 
 extensively modified by statutory regula- 
 tions, as well as those which subsist entirely 
 by force of statutory regulations. 
 
 The principal liens of this class are judg- 
 ment liens, and liens of materialmen and 
 builders. 
 
 Liens, whether common-law, equitable, or 
 statutory, are either conventional, i. e., by 
 express agreement of the parties, or by op- 
 eration of law, by legal implication from 
 the acts of parties, 
 
 LIEN OF A COVENANT. The commence- 
 ment of a covenant stating the names of 
 the covenantors and covenantees, and the 
 character of the covenant, whether joint or 
 several, 
 
 LIENOR. One who holds or owns a lien. 
 
 LIEU, LEU, LIU, or LYU (Law Fr.; from 
 Lat, locus). A place, Britt. c. 27. 
 
 LIEU CONUS (Law Fr.) In old pleading. 
 A known place; a place well knov?n and 
 generally taken notice of by those who 
 dwell about it, as a castle, a manor, etc. 
 Whishaw; 1 Ld. Raym. 259. "A liberty is 
 in the nature of a lieu conus." North, C. J., 
 2 Mod. 48; Wishaw, 1 Ld, Raym. 259. 
 
 LIEUTENANT. This word has now a nar- 
 rower meaning than it formerly had. Its 
 true meaning is a deputy, a substitute, from 
 the French lieu, (place or post) and tenant 
 (holder). Among civil officers we have lieu- 
 tenant governors, who in certain eases per- 
 form the duties of governors, lieutenants of 
 police, etc. Among military men, "lieuten- 
 ant general" was formerly the title of a 
 commanding general, but now it signifies 
 the degree above major general. Lieuten- 
 ant colonel is the oflScer between the colonel 
 and the major. Lieutenant, simply, signi- 
 fies the officer next below a captain. 
 
 LIFE ANNUITY. An anneal income to be 
 paid during the continuation of a particu- 
 lar life. See "Annuity." 
 
 LIFE ASSURANCE. An insurance of a 
 life upon the payment of a premium. This 
 may be for the whole life, or for a limited 
 
LIFE ESTATE 
 
 615 
 
 LIGNA ET LAPIDES 
 
 time. On the death of the person whose 
 life has been insured during the time for 
 which it is insured, the insurer is bound 
 to pay to the beneficiary the money agreed 
 upon. 1 Bouv. Inst, note 1231. See "Loss." 
 
 LIFE ESTATE. An estate whose duration 
 is limited to the life of the party holding it, 
 or of some other person; a freehold estate, 
 not of inheritance. 4 Kent, Comm. 23, 25. 
 
 LIFE INSURANCE. A contract of Insur- 
 ance wherein the insurer agrees to pay a 
 specified sum in the event of the death of a 
 particular person, if it occurs at a time and 
 under circumstances within the terms of 
 the contract. 
 
 LIFE INTEREST. An interest, limited by 
 ^ the term of the life, either of the person 
 in whom the right is vested, or of another. 
 
 LIFE, LIBERTY AND PROPERTY. This 
 phrase embraces every personal, political 
 and civil right or liberty which any per- 
 son within the state may possess, includ- 
 ing the right to labor, to make and ^term- 
 inate contracts and to acquire property, 
 right of self-defense, freedom of speech, re- 
 ligious and political freedom, exemption 
 from arbitrary arrests, the right to buy and 
 sell as others may. By no authority can any 
 person '>e deprived of any of these rights 
 or restricted in their exercise except by due 
 process of law, by a statute general in its 
 operation and aflfecting in the same way all 
 persons similarly situated. 249 111. 514. 
 
 LIFE PEERAGE. Letters patent, confer- 
 ring the dignity of baron for life only, do 
 not enable the grantee to sit and vote in 
 the house of lords, not even with the usual 
 writ of summons to the house. Wharton. 
 
 LIFE POLICY. A policy of life insurance. 
 
 LIFE RENT. In Scotch law. A right to 
 use and enjoy a thing during life, the sub- 
 stance of it being preserved. 
 
 A life rent cannot, therefore, be constitut- 
 ed upon things which perish in the use; 
 and though it may upon subjects which 
 gradually wear out by time, as household 
 furniture, etc., yet it is generally applied 
 to heritable subjects. Life rents are di- 
 vided mto conventional and legal. 
 
 The conventional are either simple or by 
 reservation. A simple life rent, or by & 
 separate constitution, is that which is 
 granted by the proprietor in favor of an- 
 other. A life rent by reservation is that 
 which a proprietor reserves to himgelf in 
 the same writing by which he cotav«ys the 
 f* to another. Life rents by law arfe the 
 tercTe and the curtesy (g. v.). 
 
 LIFE RENTER. In Scotch law. A tenant 
 for life without wabtfe. Bell, Cict. 
 
 LIGA (Law Lat.) On old European law. A 
 league or confederation (foedus, confoedera- 
 tio). Spelman. 
 
 LIGAN, or LAGAN. Goods cast into the 
 sea tied to a buoy, so that they may be 
 found again by the owners, are so denom- 
 inated. When goods are cast into the sea 
 in storms or shipwrecks, and remain there, 
 without coming to land, they are distin- 
 guished by the barbarous names of jetsam, 
 flotsam, and ligan. 5 Coke, 108; Harg. St. 
 Tr. 48; 1 Bl. Comm. 292. 
 
 LIGA RE (Lat.) To tie, or bind. Bracton, 
 fol. 369b. 
 
 To enter into a league or treaty (inire 
 foedus) , Spelman. 
 
 LIGEA (Law Lat.) In old English law. A 
 liege woman; a female subject. Reg. Orig. 
 312b. 
 
 LIGEANCE. The true and faithful obedi- 
 ence of a subject to his sovereign, of a citi- 
 zen to his government. It signifies, also, 
 the territory of a sovereign. See "Alleg- 
 iance." 
 
 LIGEANTIA EST QUASI LEGIS ESSEN- 
 tia; est vinculum fidei. Allegiance is, as it 
 were, the essence of the law; it is the bond 
 of faith. Co. Litt. 129. 
 
 LIGEANTIA NATURALIS, NULLIS 
 claustris coercetur, nullis metis refraenatur, 
 nullis finibus premltur. Natural allegiance 
 is restrained by no barriers, curbed by no 
 bounds, compressed by no limits. 7 Coke, 10. 
 
 LIGHTERMAN. The owner or manager 
 of a lighter; a lighterman is considered as 
 a common carrier. See "Lighters." 
 
 LIGHTERS. Small vessels employed in 
 loading and unloading larger vessels. 
 
 The owners of lighters are liable like 
 other common carriers for hire. It is a 
 term of the contract on the part of the car- 
 rier or lighterman, implied by law, that 
 his vessel is tight and fit for the purpose 
 or employments for which he offers and 
 holds it forth to the public. It is the im- 
 mediate foundation and substratum of the 
 contract that it is so; the law presumes 
 a promise to that effect on the part of the 
 carrier, without actual proof; and every 
 principle of sound policy and public con- 
 venience requires it should be so. 5 East. 
 428: Abb. Shipp. 225; 1 Marsh. Ins. 264; 
 Park, Ins. 23; Weskett, Ins. 328; Pars. 
 Mar. Law. 
 
 LIGHTS. Those openings in a wall which 
 are made rather for the admission of light 
 than to look out of. 6 J. B. Moore, 47; 9 
 Bing. 305. See "Ancient Lights." 
 
 Lamps carried on board vessels, under 
 statutory regulations or otherwise, for the 
 purpose of preventing collisions at night. 
 
 Lamps or lights placed in lighthouses, or 
 other conspicuous positions, as aids to navi- 
 gation at night. 
 
 LIGIUS. A tie or bond allegiance. 
 
 LIGNA ET LAPIDES SUB "ARMORUM" 
 appellatlone non continentur. Sticks and 
 
LIGULA 
 
 616 
 
 LINE 
 
 stones are not contained under the name of 
 arms. Bracton, 144b. 
 
 LIGULA. In old English, law. A copy, ex- 
 emplification, or transcript of a court roll or 
 deed. Cowell. 
 
 LIMB. Ordinarily, only a member useful 
 in fight, and the loss of which would amount 
 to mayhem at common law. 1 Bl. Comm. 
 130. 
 
 Sometimes metaphorically used for gen- 
 eral physical safety. 
 
 LI MEN ARCH A (Graeco-Lat.) In the Ro- 
 man law. An officer who had charge of a 
 harbor or port. Dig. 50. 4. 18. 10; Code 7. 
 16. 38. 
 
 LIMITATION OF ASSIZE. In old prac- 
 tice. A certain time prescribed by statute, 
 within which a man was required to allege 
 himself or his ancestor to have been seised 
 of lands sued for by a writ of assize. Cow- 
 ell. 
 
 LIMITATION, WORDS OF. See "Words 
 of Limitation." 
 
 LIMITATIONS. 
 
 Of Actions. The statutory restriction 
 
 of the time within which action may be 
 brought. 
 
 Of Criminal Prosecutions. The stat- 
 utory restriction of the time within which 
 indictment may be found for an offense. 
 
 Of Estates. .A circumscription of the 
 
 quantity of time comprised in any estate. 1 
 Prest. Est. 25. 
 
 The definition or circumscription, in any 
 conveyance, of the interest which the gran- 
 tee is intended to take. The term is used 
 by different writers in different senses. 
 Thus, it is used by Lord Coke to denote 
 the express definition of an estate by the 
 words of its creation, so that it cannot en- 
 dure for any longer time than till the con- 
 tingency happens upon which the estate is 
 to fail. Co. Litt. 23b. In the work of Mr. 
 Sanders on Uses, the term is used, how- 
 ever, in a broader and more general sense, 
 as given in the second definition above. 1 
 Sanders, Uses (4th Ed.) 121 et seq. And, 
 indeed, the same writers do not always con- 
 fine themselves to one use of the term, 
 though the better usage is undoubtedly 
 given by Mr. Stephen in his note below 
 cited. And see Fearne, Cont. Rem. (But- 
 ler's note [n]; 9th Ed.) 10; 1 Steph. Comm. 
 (5th Ed.) 304, note. For the distinctions 
 between limitations and remainders, see 
 "Conditional Limitation"; "Contingent Re- 
 mainder." 
 
 Consult, generally, Angell, Ballantine, 
 and Price, on Limitations; FlintoflF and 
 Washburn on Real Property; Barbour and 
 Bishop on Criminal Law. 
 
 LIMITED. Restricted; bounded; prescrib- 
 ed; confined within positive bounds; re- 
 stricted in duration, extent, or scope. 
 
 LIMITED ADMINISTRATION. Special ad- 
 ministration. See "Administration." 
 
 LIMITED DIVORCE. A divorce a meMSttet 
 thoro. See "Divorce." 
 
 LIMITED FEE. A general term, opposed 
 to fee simple, and covering all qualified or 
 conditional estates of inheritance in lands. 
 It includes base fees, conditional fees, and 
 fees tail. 2 Bl. Comm. 109. 
 
 LIMITED JURISDICTION. See "Jurisdic- 
 tion." 
 
 LIMITED OWNER. One whose title In 
 lands is less than a fee simple. 
 
 LIMITED PARTNERSHIP. One wherein 
 the liability of one or more of the mem- 
 bers is, by compliance with certain statu- 
 tory provisions, limited to the amount of 
 their contribution to the capital stock. The 
 term "special partnership" is sometimes 
 used; but "limited partnership" seems bet- 
 ter, for "particular partnerships," or part- 
 nerships for a single transaction, are some- 
 times called "special partnerships." 
 
 LINARIUM (Law Lat. from linum, flax). 
 In old records. A place where flax is sown; 
 a flax plat. Pat. 22 Hen. IV. par. 1, m. 38; 
 Blount. 
 
 LINE. 
 
 In Descents. The series of persons 
 
 who have descended from a common ances- 
 tor, placed one under the other, in the order 
 of their birth. It connects successively all 
 the relations by blood to each other. See 
 "Consanguinity"; "Degree." 
 
 B 
 
 Great-grandfa- 
 ther, great- 
 grandmother. 
 Grandfather. 
 Grandmother, 
 father. Mother, 
 
 ta Son. 
 
 5 1 Grandson. 
 
 "gS Great-grandson. 
 
 il 
 
 f 6. Tritavus. Tritavia. 
 f 5. Atavus, Atavia. 
 ? 4. Abavus, Ahavia. 
 
 p3, Proavus ProaTla. 
 
 r 2. Avus, Avla. 
 tl. Pater. Mater. 
 
 ? 1, FUlua. 
 
 92. Nepos. Neptl. 
 
 63. Pronepos, Proneptls. 
 
 a4. Abenpos, Abneptis. 
 
 Jd. Adnepos, Adnepti. 
 
 iS. THnepos, Trlneptls. 
 
 The line is either direct or collateral. The 
 direct line is composed of all the persons 
 who are descended from each other. If, m 
 the direct line, any one person is assumed as 
 the propositus, in order to count f rom hiin 
 upwards and downwards, the line will be 
 divided into two parts, the ascending and 
 descending lines. The ascending line is that 
 which, counting from the propositus, ascends 
 to his ancestors, to his father, grandfather, 
 great-grandfather, etc. The descendmg Una 
 is that which, counting from the same per- 
 son, descends to his children, grandchildren, 
 great-grandchildren, etc. The preceding ta- 
 ble is an example. . ,, 
 
 The collateral line, considered by itsel_^ 
 and in relation to the common ancestor, » 
 
LINEA 
 
 617 
 
 LIQUIDATED ACCOUNT 
 
 a direct line. It becomes collateral when 
 placed alongside of another line below the 
 common ancestor, in whom both lines unite. 
 For example: 
 
 Common O ancestor. 
 
 Direct 
 line. 
 
 Collateral 
 line. 
 
 Eeo. 
 
 These two lines are independent of each 
 other; they have no connection, except by 
 their union in the person of the common an- 
 cestor. This reunion is what forms the re- 
 lation among the persons composing the two 
 lines. 
 
 A line is also paternal or maternal. In the 
 examination of a person's ascending line, 
 the line ascends first to his father, next to 
 his paternal grandfather, his paternal great- 
 grandfather, etc., so on from father to fa- 
 ther. This is called the paternal line. An- 
 other line will be found to ascend from the 
 same person to his mother, his maternal 
 grandmother, and so from mother to mother. 
 This is the maternal line. These lines, 
 however, do not take in all the ascendants; 
 there are many others who must be imag- 
 ined. 
 
 See 2 Bl. Comm. 200 bk. 2, c. 14; Poth. 
 des Success, c. 1, art. 3, § 2; "Ascendants." 
 
 Boundary Lines. The division between 
 
 two estates. Limit; border; boundary, 
 
 Measures. A line is a lineal measure, 
 
 containing the one-twelfth part of an inch, 
 
 LINEA (Lat.) In civil and old English 
 law. A line; a series of persons descending 
 from a common stock {series personarum a 
 eommuni stipite descendentium) . Heinec. 
 Elem. Jur. Civ. lib. 1, tit. 10, § 153. It 
 was ascendens as well as descendens. Hale, 
 Anal. § 18; Fleta, lib. 6, c. 1, § 11. 
 
 LINEA RECTA (Lat.) The perpendicular 
 line; the direct line; the line of ascent, 
 through father, grandfather, etc., and of de- 
 scent, through son, grandson, etc. "Co. Litt. 
 10, 158; Bracton, fol. 67; Fleta, lib. 6, c. 1, 
 § 11. This is represented in a diagram by 
 a vertical line. 
 
 Persons springing from another imme- 
 diately, or mediately through a third person, 
 are said to be in the direct line (linea recta), 
 and are called "ascendants" and "descend- 
 ants." Mackeld. Civ. Law, § 129. 
 
 LINEA RECTA EST INDEX SUI ET OB 
 'iqui; lex est linea recti. A right line is an 
 index of itself and of an oblique; law is a 
 line of right. Co. Litt. 158. 
 
 LINEA RECTA SEMPER PRAEFERTUR 
 transversali. The right line is always pre- 
 ferred to the collateral. Co. Litt. 10; Fleta, 
 lib. 6, c. 1; 1 Steph. Comm. (4th Ed.) 406. 
 
 LINEA TRANSVERSALIS (Lat.) A line 
 crossing the perpendicular lines. Where two 
 persons are descended from a third, they are 
 called "collaterals," and are said to be re- 
 lated in the collateral line {linea transversa 
 or obliqua). 
 
 LINEAL. In a direct line. 
 
 LINEAL CONSANGUINITY. That kind of 
 consanguinity which subsists between per- 
 sons of whom one is descended in a direct 
 line from the other; as between a particular 
 person and his father, grandfather, great- 
 grandfather, and so upward, in the direct 
 ascending line; or between the same person 
 and his son, grandson, great-grandson, and 
 so downwards, in the direct descending line. 
 2 Bl. Comm. 203; 198 111. 317. 
 
 LINEAL DESCENT. Descent in a right 
 line, as where an estate descends from an- 
 .cestor to heir in one line of succession, as 
 opposed to collateral descent, which is de- 
 scent in a transverse or zigzag line, namely, 
 up through the common ancestor, and then 
 down from him. 
 
 LINEAL WARRANTY. A warranty by an- 
 cestor from whom the title did or might 
 have come to heir. 2 Bl. Comm. 301; Rawle, 
 Gov. 30; 2 Hilliard, Real Prop. 360. Thus, 
 a warrant by an elder son during lifetime 
 of father was lineal to a younger son, but a 
 warranty by younger son was collateral to 
 elder; for, though the younger might take 
 the paternal estate through the elder, the 
 elder could not take it through the younger. 
 Litt. § 703. Abolished. 3 & 4 Wm. IV. c. 74, 
 § 14. 
 
 LINES AND CORNERS. In deeds and sur- 
 veys. Boundary lines and their angles with 
 each other. 17 Miss. 459; 21 Ala. 66; 9 
 Fost. & H. (N. H.) 471; 10 Grat. (Va.) 
 445; 16 Ga. 141. 
 
 LINGUA. (Lat.) A tongue; speech. Ap- 
 plied, in old English law, to the verdict of 
 a jury. 
 
 LIQUERE (Lat.) In the civil law. To be 
 clear, evident, or satisfactory. When a ju- 
 dex was in doubt how to decide a case, he 
 represented to the praetor, under oath, sibi 
 non liquere, that it was not clear to him, 
 and was thereupon discharged. Calv. Lex. 
 
 LIQUET. It is clear or apparent; it ap- 
 pears. Satis liquet, it suificiently appears. 
 1 Strange, 412. 
 
 LIQUEUR. A liquor compounded of alco- 
 hol, water, sugar, and different aromatic 
 substances. 28 Fed. Cas. 141. 
 
 LIQUIDATE. To pay; to settle. Webster: 
 8 Wheat. (U. S.) 322. 
 
 To ascertain or make certain in amount. 
 20 Ga. 53. 
 
 LIQUIDATED ACCOUNT. A liquidated 
 account is one the amount of which is 
 
LIQUIDATED DAMAGES 
 
 618 
 
 LITERAE PATENTES 
 
 agreed up«n by the parties or is fixed by 
 operation of law. 61 Conn. 568; 15 Qa. 
 321; 48 Conn. 469. 
 
 LIQUIDATED DAMAGES. Liquidated 
 damages are ascertained damages. 48 III. 
 408. 
 
 LIQUIDATED DEBT. A debt Is liquidat- 
 ed when its amount and the fact that it is 
 due are certain. 69 111. 623. 
 
 LIQUIDATING PARTNER. The member 
 of a dissolved partnership who winds up 
 its business. Shumaker, Partn. 128. 
 
 LIQUIDATION. A fixed and determinate 
 valuation of things which before were un- 
 certain. 
 
 LIQUIDATOR. A person appointed to car- 
 ry out the winding up of a company. 
 
 LIRRA. (Law Fr.) It shall be lawful. 
 Lirroit; it should be lawful. Kelham. 
 
 LIS (Lat.) A controversy or dispute. See 
 "Lis Mota." 
 
 A suit at law; an action; a controversy 
 carried dn in form of law. In the civil 
 law, this was a more general term than 
 actio. Litis nomen omnem actionem signifi- 
 cat, the term lis signifies every kind of 
 action. Dig. 50. 16. 36; Co. Litt. 292. 
 
 LIS ALIBI PENDENS. A suit pending 
 elsewhere. The fact that proceedings are 
 pending between a plaintiff and defendant 
 in one court in respect to a given matter is 
 frequently a ground for preventing the 
 plaintiff from taking proceedings in an- 
 other court against the same defendant for 
 the same object, and arising out of the 
 same cause of action. Kapalje & L. 
 
 LIS MOTA (Lat.) A controversy begun 
 i. e., on the point at issue, and prior to com- 
 mencement of judicial proceedings. Such 
 controversy is taken to arise on the advent 
 of ttie state of facts on which the claim 
 rests; and after such controversy has arisen 
 (post litem motam), no declarations of de- 
 ceased members of family as to matters 
 of pedigree are admissible. 6 Car. & P. 
 560; 4 Campb. 417; 2 Russ. & M. 161; 
 Greenl. Ev. §§ 131, 132; 4 Maule & S. 497; 
 1 Pet. (U. S.) 337; 26 Barb. (N. Y.) 177. 
 
 LIS PENDENS (Lat.) A pending suit. 
 
 The control which a court has, during the 
 pendency of an action, over property in- 
 volved therein. Bennett, Lis Pendens, § 2. 
 ' The property involved is the res. Its 
 character remains fixed during the litiga- 
 tion, and this litigated or contested quality 
 is called res Utigioaa. Us pendens, notice of 
 lis pendens, and rul^ lis pendens, when used 
 without reference to a statute defining their 
 meaning, are synonymous terms. Bennett, 
 Lis Pendens, §§2, 59. 
 
 One who purchases property pending an 
 action concerning it (pendente lite, q. v.) 
 takes subject to the event of the action, the 
 
 maxim of the law being pendente lite nihil 
 hnweeiMr, 
 
 All real property la aubjeot to Ue pen- 
 d&ne (45 N. H. 517), and all personalty (87 
 Pa, St. 858$ 28 Wis. 1), except negotiable 
 paper (103 U. S. 806; 48 N. Y, 618). 
 
 To constitute Us p&ndena there must be an 
 action actually commenced (27 Mo. 560) in 
 a court of competent jurisdiction, involving 
 the title to particular property (13 R. L 
 102), to which the claimant of the property 
 is a party (24 Iowa 155), and the prop- 
 erty must be sufficiently described in the 
 pleadings so that it can be identified by 
 reasonable inquiry (4 Johns. Ch. [N. Y.] 
 39). 
 
 LIST. A table of cases arranged for trial 
 or argument; as, the trial list, the argument 
 list. 3 Bouv. Inst, note 3031. See "Calen- 
 dar." 
 
 LISTERS. This word is used in some of 
 the states to designate the persons appoint- 
 ed to make lists of taxables. See Rev. St. 
 Vt. 538. 
 
 LITE PENDENTE (Lat.) Pending the 
 suit. Fleta, lib. 2, c. 54, § 23. 
 
 LITEM SUAM FACERE (Lat.) To make 
 a suit his own. Where a judex, from par- 
 tiality or enmity, evidently favored either 
 of the parties, he was said litem suam 
 facere. Calv. Lex. 
 
 LITERA (Lat.) A letter; the letter of a 
 law, as distinguished from its spirit. See 
 "Letter." 
 
 LITERA PISANA. The Pisan letter. A 
 term applied to the old character in which 
 the copy of the Pandects formerly kept at 
 Pisa, in Italy, was written. Spelman. 
 
 LITERAE. Letters. A term applied in old 
 English law to various instruments in writ- 
 ing, public and private. 
 
 LITERAE DIMISSORIAE. Dimissory let- 
 ters. See "Dimissoriae Litterae." 
 
 LITERAE HUMANIORES. a term includ- 
 ing Greek, Latin, general philology, logic, 
 moral philosophy, metaphysics ; the name of 
 the principal course of study in the Univer- 
 sity of Oxford. Wharton. 
 
 LITERAE MORTUAE. Dead letters; ful- 
 filling words of a statute. Lord Bacon ob- 
 serves that "there are in every statute cer- 
 tain words which are as veins, where the 
 life and blood of the statute coraeth, and 
 where all doubts do arise, and the rest are 
 literae mortuae, fulfilling words." Bac. St. 
 Uses, (Works, iv. 189). 
 
 LITERAE PATENTES. Letters patent; 
 literally, open letters. 
 
 LITERAE PATENTES REGIS NON 
 
 erunt vacuae. Letters patent of the kmg 
 shall not be void. 1 Bulst. 6. 
 
LITERAE PROCURATORIAE 
 
 619 
 
 LITIS DOMINIUM 
 
 LITERAE PROCURATORIAE (Lat.) In 
 civil law. L«tters proeuratory; a written 
 authority, or power of attorney (litera at- 
 tomati), given to a procurator. Vicat; 
 Bracton, fols. 40-43. 
 
 LITERAE RECOGNITIONIS. In mari- 
 time law. A bill of lading. Jacobsen, Sea 
 Laws, 172. 
 
 LITERAE SCRIPTAE MANENT. Written 
 words last. 
 
 LITERAE SIGILLATAE. In old English 
 law. Sealed letters. The return of a sheriflf 
 was so called. Fleta, lib. 2, c. 64, § 19. 
 
 LITERAL CONTRACT. In civil law. A 
 contract the whole of the evidence of which 
 is reduced to writing. This contract is per- 
 fected by the writing, and binds the party 
 who subscribed it, although he has received 
 no consideration. Lee. Elm. § 887. 
 
 LITERAL PROOF. In civil law. Written 
 evidence. 
 
 LITERARY PROPERTY. The interest of 
 an author, or those who claim under him, in 
 his work before or after publication, and 
 with or without copyright. Drone, Copy- 
 right, 97. 
 
 Literary property is the common-law own- 
 ership of the original work. Copyright is 
 the statutory right to make all tlie copies of 
 it that shall be made for a term of years. 
 Abbott. . 
 
 The scope of such property is, in the ab- 
 sence of copyright laws, that an author has 
 the sole right of first printing and publish- 
 ing his writings. 4 Burrows, 2408. The au- 
 thor's property right is lost as soon as he 
 prints and publishes the manuscript (8 Pet. 
 [U. S.] 591) ; though a private use or circu- 
 lation of a manuscript, as for the purpose 
 of instructing students, will not forfeit the 
 author's literary property. 
 
 By statute, a penalty is denounced against 
 the publication of a manuscript without the 
 author's consent. Rev. St. U. S. § 4966. 
 
 LITERATURA (Lat. from litera, a let- 
 ter). In old English law. Education; 
 learning; knowledge of letters. Ad liter- 
 aturam ponere, to put to learning; to put to 
 school. Par. Ant. 401; Cowell. Minus suf- 
 fieiens in literatura, deficient in education. 
 
 LITERIS OBLIGATIO. In Roman law. The 
 contract of nomen, which was constituted 
 by writing (scriptv/ra) . It was of two 
 kmds, viz.: (1) A re in personam, when 
 a traneaction was transferred from the 
 daybook (adverea/ria) into the ledger (co- 
 dex) in the form of a debt under the name 
 > or heading of the purchaser or debtoi" {no- 
 men) ; and (2) a persona in personam,, 
 where a debt already standing under one 
 nomen or heading was transferred in the 
 usual course of novatw from that nomen to 
 another and substituted nomen. By reason 
 of this transferring, these obligations were 
 
 called nomina transcriptiUa. No money was, 
 in fact, paid to constitute the contract. If 
 ever money was paid, then the nomen was 
 arcarium, i. e., a real contract, re contrac- 
 tus, and not a nomen proprium. Brown. 
 
 LITIGANT. One engaged in a suit; one 
 fond of litigation. 
 
 LITIGARE (Lat.) To litigate; to carry on 
 a suit (litem agere), either as plaintiff or 
 defendant; to claim or dispute by action; 
 to test or try the validity of a claim by 
 action. 
 
 LITIGATE. To contend in form of law. 
 
 LITIGATION. A contest, authorized by 
 law, in a court of justice, for the purpose 
 of enforcing a right. 
 
 LITIGI08A RES. See "LIb Pendens." 
 
 LITIGIOSITY. In Scotch law. The pend- 
 ency of a suit. It is an implied prohibition 
 of alienation, to the disappointment of an 
 action, or of diligence, the direct object of 
 which is to obtain possession, or to acquire 
 the property of a particular subject. The 
 effect of it is analogous to that of inhibi- 
 tion. 2 Bell, Comm. (5th Ed.) 152. See 
 "Lis Pendens." 
 
 LITIGIOUS. That which is the subject of 
 a suit or action; that which is contested 
 in a court of justice. In another sense, 
 litigious signifies a disposition to sue; a 
 fondness for litigation. 
 
 LITIGIOUS RIGHTS. In French law. 
 Those which are or may be contested either 
 in whole or in part, whether an action has 
 been commenced, or when there is reason to 
 apprehend one. Poth. Vente, note 584; 9 
 Mart. (La.) 183; Tropl. de la Vente, note 
 984 a 1003; Eva. Civ. Code, art. 2623; Eva 
 Civ. Code, aH. 3522, note 22. See "Conten- 
 tious Jurisdiction." 
 
 LITIS AESTIMATIO. The measure of 
 damages. 
 
 LITIS CONTESTATIO. 
 
 In the Civil and Canon Law. Contes- 
 tation of suit; the_ process of contesting a 
 suit by the opposing statements of the re- 
 spective parties; the process of coming to 
 an issue; the attainment of an issue; the 
 issue itself. 
 
 In the Practice of the Ecclesiastical 
 
 Courts. The general answer made by the 
 defendant, in which he denies the matter 
 charged against him in the libel. Halifax, 
 Civ. Law, bk. 8, c 11, No. 9. 
 
 LITIS DOMINIUIVI. In civil law. Owner- 
 ship, control, or direction of a suit. A fic- 
 tion of law by which the employment of an 
 attorney or proctor (procurator) in a suit 
 was authorized or Justified, he being sup- 
 posed to become, by the appointment of his 
 principal (domvnua) or ohent, the dominus 
 litis. Heinee. Elem. Jur. Civ. lib. 4, tit. 10, 
 §§ 1246, 1247, 
 
LITIS NOMEN ACTIONEM 
 
 620 
 
 LIVERY STABLE 
 
 LITIS NOMEN ACTIONEM SIGNIFICAT, 
 sive In rem, sive in personam sit. The word 
 Us, i. e., a lawsuit, signifies every action, 
 whether in rem or in personam. Co. Litt. 
 292. 
 
 LITISPENDENCE. An obsolete term for 
 the time during which a lawsuit is going 
 on. 
 
 LITISPENDENCIA. In Spanish law. The 
 condition of a suit pending in a court of 
 justice. 
 
 In order to render this condition valid, it 
 is necessary that the judge be competent to 
 take cognizance of the cause; that the de- 
 fendant has been duly cited to appear, and 
 fully informed, in due time and form, of 
 the nature of the demand, or that, if he has 
 not, it has been through his own fault or 
 fraud. 
 
 The litispendencia produces two effects: 
 The legal impossibility of alienating the 
 property in dispute during the pendency of 
 the suit; the accumulation of all the pro- 
 ceedings in the cause, in the tribunal where 
 the suit is pending, whether the same be 
 had before the same judge or other judges 
 or notaries. This cumulation may be re- 
 quired in any stage of the cause, and forms 
 a valid exception to the further proceeding, 
 until the cumulation is effected. Escriche, 
 Die. Raz. 
 
 LITRE. A French measure of capacity. 
 It is of the size of a decimetre, or one-tenth 
 part of a cubic metre. It is equal to 61.028 
 cubic inches. See "Measure." 
 
 LITTORAL (litus). Belonging to shore; 
 as, of sea and great lakes. Webster. Cor- 
 responding to riparian proprietors on a 
 stream or small pond are littoral proprietors 
 on a sea or lake. Although used coexten- 
 sively with "riparian," 7 Cush. (Mass.) 94, 
 its employment is preferred to "riparian," 
 in respect to the shores of the sea, and also, 
 according to important authorities, as in- 
 cluding "riparian." Gould Waters, § 148; 
 2 Ex. D. 63; 17 How. 432, 433; 7 Allen 
 158, 167; Smith v. Power, 14 Texas 146. 
 
 LITTORAL PROPRIETOR. One whose 
 lands border upon tide waters, as distin- 
 guished from lands bounding on a water- 
 course. See "Riparian Proprietors." There 
 appears to be no word or phrase of suffi- 
 ciently broad meaning to include both ri- 
 parian and littoral, although each is some- 
 times used to denote the other. Gould Wa- 
 ters, § 148. See "Littoral." 
 
 LITURA. In civil law. An obliteration or 
 blot in a will or other instrument. Dig. 28. 
 4. 1. 1. 
 
 LITUS EST QUOUSQUE MAXIMUS 
 fluctus a mari pervenit. The shore is where 
 the highest wave from the sea has reached. 
 Dig. 50. 16. 96; Angell, Tide Waters, 67. 
 
 LITUS MARIS (Lat.) 
 
 In Civil Law. Shore; beach. Qim fluc- 
 tus eluderet. Cic. Top. c. 7. Qua fluctus 
 adludit. Quinct. lib. 5, c. ult. Quousque 
 maximus fluctus a mari pervenit. Celsus. 
 Said to have been first so defined by Cicero, 
 in an award as arbitrator. L. 92, D, de verb, 
 signif. Qua maximus fluctus exaestuat. L. 
 112, D., eod. tit. Quatenas hihernus fluctus 
 maximus excurrit. Inst. lib. 2, de rer. divis. 
 et qual. § 3. That is to say, as far as the 
 largest winter wave runs up. Vocab. 
 
 At Common Law. The shore between 
 
 common high-water mark and low-water 
 mark. Hale de Jur. Mar. cc. 4, 5, 6; 3 Kent, 
 Comm. 427; 2 Billiard, Real Prop. 90. 
 
 Shore is also used of a river. 5 Wheat. 
 (U. S.) 385; 20 Wend. (N. Y.) 149. See 
 13 How. (U. S.) 381; 28 Me. 180; 14 Pa. 
 St. 171. 
 
 LIVERY. In English law. The delivery of 
 possession of lands to those tenants who 
 hold of the king in capita or by knight's 
 service. 
 
 The name of a writ which lay for the 
 heir of age to obtain possession of the seisin 
 of his lands at the king's bands. Pitzh. 
 Nat. Brev. 155; 2 Bl. Comm. 68. 
 
 The distinguishing dress worn by the 
 servants of a gentleman or nobleman, or 
 by the members of a particular guild. "Liv- 
 ery or clothing." Sayer, 274. By St. 1 Rich. 
 II. c. 7, and St. 16 Rich. II. c. 4, none but 
 the servants of a lord, and continually 
 dwelling in his house, or those above rank 
 of yeomen, should wear the lord's livery. 
 
 Privilege of a particular company or 
 guild. Wharton. 
 
 LIVERY OF SEISIN. In estates. A deliv- 
 ery of possession of lands, tenements, and 
 hereditaments unto one entitled to the same. 
 This was a ceremony used in the common 
 law for the conveyance of real estate; and 
 livery was in deed, which was performed by 
 the feoffor and the feoffee going upon the 
 land, and the latter receiving it from the 
 former; or in law, where the same was not 
 made on the land, but in sight of it. 2 Bl. 
 Comm. 315, 316. 
 
 In most of the states, livery of seisinis 
 unnecessary, it having been dispensed with 
 either by express law or by usage. The re- 
 cording of the deed has the same effect. 
 Washb. Real Prop. 14, 35. In Maryland, 
 however, it seems that a deed cannot oper- 
 ate as a feoffment without livery of seisin. 
 5 Har. & J. (Md.) 158. See 4 Kent, Comm. 
 381; 1 Mo. 553; 1 Pet. (U. S.) 508; 1 Bay 
 (S. C.) 107; 6 Har. & J. (Md.) 158; 11 Me. 
 318; Dane, Abr. See "Seisin." 
 
 LIVERY STABLE. A place where horses 
 and vehicles are kept to be let to the pub- 
 lic. See 30 La. Ann. 1095. 
 
 Though some other related business may 
 be carried on, as the boarding of horses for 
 hire, the keeper of the stable is, as to such, 
 an agister, etc., as the case may be, not a 
 livery stable keeper. 
 
LIVORARE 
 
 621 
 
 LOCAL ACTION 
 
 LIVORARE. (Law Lat.) In old European 
 law. To beat; to bruise by beating. Mar- 
 culf. lib. 1, form. 29. 
 
 LIVRE TOUR NO IS. In common law. A 
 coin used in France before the revolution. 
 It is to be computed, in the ad valorem duty 
 on goods, etc., at eighteen and a half cents. 
 Act March 2, 1798,, § 61 (1 Story, U. S. 
 Laws, 629). See "Foreign Coins." 
 
 LLOYDS. A mutual fire and marine insur- 
 ance association, the members underwrit- 
 ing each other's policies. 
 
 LOADMANAGE. The pay to loadsmen; 
 that is, persons who sail or row before ships, 
 in barks or small vessels, with instruments 
 for towing the ship and directing her course, 
 in order that she may escape the dangers in 
 her way. Poth. des Avaries, note 137 ; Gui- 
 don de la Mer, c. 14; Bac. Abr. "Merchant 
 and Merchandise" (F). It is not in use in 
 the United States. 
 
 LOAN. A bailment without reward; a 
 bailment of an article for use or consump- 
 tion without reward; the thing so bailed. 
 
 A loan, in general, implies that a thing is 
 lent without reward; but in some cases a 
 loan may be for a reward; as, the loan of 
 money. 7 Pet. (U. S.) 109. 
 
 It would be an inquiry too purely specu- 
 lative whether this use of the term_ "loan" 
 originated in the times when taking interest 
 was considered usury, and improper, the 
 bailment of money which was to be returned 
 in kind. The supposition would furnish a 
 reasonable explanation of the exception to 
 the general rule that loan includes properly 
 only those bailments where no reward is 
 given or received by the bailee. 
 
 In order to make a contract usurious, 
 there must be a loan (Cowp. 112, 770; 1 Ves. 
 Jr. 527; 2 Bl. 859; 3 Wils. 390), and the 
 borrower must be bound to return the money 
 at all events (2 Schoales & L. 470). The 
 purchase of a bond or note is not a loan (3 
 Schoales & L. 469; 9 Pet. [U. S.] 103) ; but 
 if such a purchase be merely colorable, it 
 will be considered as a loan (2 Johns. Cas. 
 [N. Y.] 60, 66; 12 Serg. & R. [Pa.] 46; 15 
 Johns. [N. Y.] 44). 
 
 LOAN FOR CONSUMPTION. A contract 
 By which the owner of a personal chattel, 
 called the "lender," delivers it to the bailee, 
 called the "borrower," to be returned in 
 kind. For example, if a person borrows a 
 bushel of wheat, and at the end of a month 
 returns to the lender a bushel of equal 
 value. This class of loans is commonly con- 
 sidered under the head of "bailments," but 
 it lacks the one essential element of bailment 
 —that of a return of the property. It is 
 more strictly a barter or an exchapge; the 
 property passes to the borrower. 4 N. Y. 
 76; 8 N. Y. 433; 1 Ohio St. 98; 3 Mason 
 (U. S.) 478; 1 Blackf. (Ind.) 353; Story, 
 Bailm. § 439. Those cases sometimes called 
 inutuum (the corresponding civil-law term) , 
 such as where corn is delivered to a miller 
 
 to be ground into wheat, are either cases of 
 hiring of labor and service, as where the 
 miller grinds and returns the identical wheat 
 ground into flour, retaining a portion for 
 his services, or constitute a mere exchange, 
 as where he mixes the wheat with his own, 
 undertaking to furnish an equivalent in 
 com. It amounts to a contract of sale ; pay- 
 ment being stipulated for in a specified ar- 
 ticle instead of money. 
 
 LOAN FOR USE. A bailment of an article 
 to be used by the borrower without paying 
 for the use. 2 Kent, Comm. (4th Ed.) 573. 
 
 Loan for use (called commodatum in the 
 civil law) differs from a loan for consump- 
 tion (called mutuum in the civil law) in 
 this, that the commodatum must be speci- 
 fically returned; the mutuum is to be re- 
 turned in kind. In the case of a commoda- 
 tum,, the property in the thing remains in 
 the lender; in a mutuum, the property 
 passes to the borrower. 
 
 LOAN SOCIETIES. In English law. A 
 kind of club formed for the purpose of ad- 
 vancing money on loan to the industrial 
 classes. They are of comparatively recent 
 origin in England, and are authorized and 
 regulated by 3 & 4 Vict. c. 110, and 21 Vict. 
 c. 19. 
 
 LOBBYING. Personal solicitation of a 
 member of a legislative body during a ses- 
 sion thereof, by one not a member, with 
 reference to any matter pending in the leg- 
 islature, so called from the fact that such 
 solicitation is supposed to take place in the 
 "lobby" of the legislative hall. 
 
 The term is generally used in a bad sense, 
 as including only secret or wrongful solici- 
 tation, and not the submission of petitions, 
 or the presentation of arguments, at a pro- 
 per time and place. 
 
 As a general rule, all contracts for per- 
 sonal solicitation of legislators, or the use 
 of personal influence with them, are void, 
 though no bribery or other corrupt practice 
 is contemplated. 36 N. Y. 241; 101 U. S. 
 108. But the professional services of a law- 
 yer may be employed for legitimate pur- 
 poses connected with pending legislation, 
 such as the presentation of evidence or ar- 
 gument openly, and at proper times and 
 places. 80 Va. 475; 21 Wall. (U. S.) 441. 
 
 L'OBLIGATION SANS CAUSE, OU SUR 
 une fausse cause, ou sur cause lllicite, ne 
 peut avoir aucun effet. An obligation with- 
 out consideration, or upon a false considera- 
 tion (which fails) , or upon unlawful consid- 
 eration, cannot have any effect. Code, 3. 3. 
 4; Chit. Cont. (10th Am. Ed.) 25, note. 
 
 LOCAL (Law Lat. localia, from locus, 
 place). Relating to place; expressive of 
 place; belonging or confined to a particular 
 place. Distinguished from general, personal 
 and transitory. 
 
 LOCAL ACTION. In practice. An action 
 the cause of which could have arisen in 
 some particular county only. 
 
LOCAL ALLEGIANCE 
 
 622 
 
 LOCATIO MERCIUM 
 
 All local actions must be brought in the 
 county where the cause of action arose. 
 
 In general, all actions are local which 
 seek the recovery of real property (2 W. Bl. 
 1070; 4 Term R. 504; 7 Term R. 589), 
 whether founded upon contract or not; or 
 damages for injury to such property, as 
 waste, under the statute of Gloucester, tres- 
 pass qucure clcMsum fregit, trespass or case 
 for injuries affecting things real, as for nui- 
 sances to houses or lands, disturbance of 
 rights of way or of common, obstruction or 
 diversion of ancient watercourses (1 Chit. 
 PI. 271; Gould, PL c. 3, §§ 105, 106, 107); 
 but not if there were a contract between the 
 parties on which to ground an action (15 
 Mass. 284; 1 Day [Conn.] 263). 
 
 Many actions arising out of injuries to 
 local rights are local; as, qviare impedit. 1 
 Chit. PI. 241. The action of replevin is also 
 local. 1 Wm. Saund. 247, note 1; Gould, 
 PL c. 3, § 111; Comyn, Dig. "Action." See 
 "Transitory Action." 
 
 LOCAL ALLEGIANCE. The allegiance due 
 to a government from an alien while within 
 its limits. 1 Bl. Comm. 370; 2 Kent, Comm. 
 63, 64. 
 
 LOCAL CHATTEL. A fixture. 
 
 LOCAL COURT. A court whose jurisdic- 
 tion is limited to a particular locality. 
 Sometimes applied to the courts of the home 
 jurisdiction, as opposed to foreign courts. 
 
 LOCAL CUSTOM. One whose observance 
 is confined to a particular locality. 
 
 LOCAL GOVERNMENT. Government con- 
 fined to a certain locality. The autonomous 
 government of a minor subdivision of a 
 state or country, as opposed to the general 
 government. 
 
 LOCAL IMPROVEMENTS. Improvements 
 made in a particular locality, by which the 
 real estate in that locality is specially bene- 
 fited.' Cooley, Tax'n, 109, 177, 419. 
 
 The question whether an improvement is 
 local depends not on whether it is of use to 
 the general public, but on the special benefit 
 which will result to the real property ad- 
 joining or near the locality in which it is 
 made. 22 Minn. 507. See "Special Assess- 
 ments." 
 
 LOCAL OPTION, A privilege granted to 
 a locality of determining by popular vote 
 whether a general law shall be effective in 
 that locality. Usually applied to the de- 
 termination by popular vote whether or not 
 the sale of intoxicating liquor shall be al- 
 lowed in a particular locality. 
 
 LOCAL PREJUDICE. A prejudice against 
 a litigant, or in favor of his adversary, pre- 
 vailing in a particular locality, and tending 
 to prevent a fair trial there. Such prsjudioo 
 ia ground for change of venue. 
 
 LOCAL STATUTES. Statutes whose op- 
 eration is intended to be restricted within 
 
 certain limits, much less than the limits of 
 the legislative jurisdiction. A statute is not 
 local because it excludes from its operation 
 one or two counties in the state. See 86 N. 
 Y. 7; Dwarr. St. p. 384. It may be either 
 public or private. 1 Bl. Comm. 85, 86, note. 
 "Local statutes" is used by Lord Mansfield 
 as opposed to "personal statutes," which re- 
 late to personal transitory contracts; where- 
 as local statutes refer to things in a certain 
 jurisdiction alone; e. g., the statute of 
 frauds relates only to things in England, 1 
 W. Bl. 246. 
 
 LOCAL TAXES. Taxes (more often called 
 "assessment") limited to certain civil divi- 
 sions of the state or city, 
 
 LOCAL VENUE, The venue of a local ac- 
 tion (g. v.), 
 
 LOCALITY. In Scotch law. This name is 
 given to a life rent created in marriage con- 
 tracts in favor of the wife, instead of leav- 
 ing her to her legal life rent of terce. 1 
 Bell, Comm, 55, See "Jointure." 
 
 LOCARE. To let for hire; to deliver or 
 bail a thing for a certain reward or compen- 
 sation. Bracton, fol. 62. 
 
 LOCARIUM. In old European law. The 
 price of letting; money paid for the hire 
 of a thing; rent. Spelman. 
 
 LOCATARIUS. In civil law. A deposi- 
 tary. 
 
 LOCATE. To fix or definitely determine. 
 
 LOCATIO (Lat.) In civil law. Letting 
 for hire. Calv. Lex.; Vocat. The term is 
 also used by text writers upon the law of 
 bailment at common law. 1 Pars. Cent.. 602. 
 In Scotch law it is translated "location." 
 Bell, Diet. 
 
 LOCATIO-CONDUCTIO. In civil law. A 
 compound word used to denote the contract 
 of bailment for hire, expressing the action 
 of both parties, viz., a letting by the one, 
 and a hiring by the other. 2 Kent, Coram, 
 586, note; Story, Bailm. § 368. 
 
 LOCATIO CUSTODIAE. A letting to 
 keep; a bailment or deposit of goods for 
 hire. Story, Bailm. § 442. 
 
 LOCATIO MERCIUM VEHENDARUM 
 (Lat.) In civil law. The carriage of goods 
 for hire. 
 
 In .respect to contracts of this sort en- 
 tered into by private persons not exercising 
 the buBinees of common carriers, there does 
 not seem tg be any material distinction 
 varying the rights, obligations, and duties of 
 the parties from those of other bailees for 
 hire. Every such private person is bound to 
 ordinary diligence and a reasonable exercise 
 of skill; and of course he is not responsible 
 for, any losses not occasioned by ordinary 
 negligence, unless he has expressly, by the 
 terms of his contract, taken upon himself 
 
LOCATIO OPERIS 
 
 623 
 
 LOCUS PRO SOLUTIONE 
 
 such risk. 2 Ld. Raym. 909, 917, 918) 4 
 Taunt. 787; 6 Taunt. 577; 2 Marsh. 298; 
 Jones, Bailm. 103, 106, 121; 2 Bos. & P. 417; 
 1 Bouv. Inst, note 1020. See "Common Car- 
 riers." 
 
 LOCATIO OPERIS (Lat.) In civil law. 
 The hiring of labor and services. 
 
 It is a contract by which one of the par- 
 ties gives a certain work to be performed by 
 the other, who binds himself to do it for the 
 price agreed between them, which he who 
 gives the work to be done promises to pay 
 to the other for doing it. Poth. du Contr. 
 de Louage, note 392. This is divided into 
 two branches: First, locatio operis facien- 
 di; and, secondly, locatio mercium vehenda- 
 rum (g. v.). 
 
 LOCATIO OPERIS FACIENDI (Lat.) In 
 civil law. Hire of services to be performed. 
 
 There are two kinds: First, the locatio 
 operis fadendi, strictly so called, or the hire 
 of labor and services; such as the hire of 
 tailors to make clothes, and of jewelers to 
 set gems, and of watchmakers to repair 
 watches. Jones, Bailm. 9t), 96, 97. Secondly, 
 locatio custodiae, or the receiving of goods 
 on deposit for a reward, which is properly 
 the hire of care and attention about the 
 goods. Story, Bailm. §§ 422, 442; 1 Bouv. 
 Inst, note 994. 
 
 In contracts for work. It is of the essence 
 of the contract, first, that there should be 
 work to be done ; secondly, for a price or re- 
 ward; and, thirdly, a lawful contract be- 
 tween parties capable and intending to con- 
 tract. Poth. du Contr. de Louage, notes 
 395-403. 
 
 LOCATIO REI (Lat.) In civil law. The 
 hiring of a thing. It is a contract by which 
 one of the parties obligates himself to give 
 to the other the use and enjojrment of a 
 certain thing for a period of time agreed 
 upon between them, and in consideration of 
 a price which the latter binds himself to 
 pay in return. Poth. du Contr. de Louage, 
 note 1. 
 
 LOCATION. In the apportionment of pub- 
 lic lands, the selection and designation of 
 lands which the person making the location 
 claims under the law, 
 
 In Scotch Law. A contract by which 
 
 the temporary use of a subject, or the work 
 or service of a person, is given for an as- 
 certained hire. 1 Bell, Comm. bk. 2, pt. 3, 
 c. 2, sec. 4, art. 2, § 1, p. 255. See "Bail- 
 ment"; "Hire." 
 
 LOCATIVE CALLS. Calls describing cer- 
 tain means by which the land to be located 
 can be identified. 
 
 Reference to physical objects in entries 
 and deeds by which the land to be located 
 is exactly described. 2 Bibb (Ky.) 145; 3 
 Bibb (Ky.) 414. 
 
 Special, as distinguished from general, 
 calls or descriptions. 8 Bibb (Ky.) 414; 2 
 Wheat. (U. S.) 211; 10 Wheat. (U. S.) 463; 
 7 Pet. (U. S.) 171; 18 Wend. (N. Y.) 157; 
 
 16 Johns. (N. Y.) 257; 17 Johns. (N. Y.) 
 29; 10 Grat. (Va.) 445; Jones Law (N. C.) 
 469; 16 Ga. 141; 6 Ind. 802; 16 Mo. 80; 
 2 Bibb (Ky.) 118. 
 
 LOCATOR. In civil law. He who leases 
 or lets a thing to hire to another. His 
 duties are, first, to deliver to the hirer the 
 thing hired, that he may use it; second, to 
 guarantee to the hirer the free enjoyment 
 of it; third, to keep the thing hired in good 
 order in such manner that the hirer may 
 enjoy it; fourth, to warrant that the thing 
 hired has not such defects as to destroy its 
 use. Poth. du Contr. de Louage, note 53. 
 
 LOCKMAN. An officer in the Isle of Man 
 to execute the orders of the governor, some- 
 thing like our undersheriff. Wharton. 
 
 LOCKOUT. The closing of a factory or 
 workshop by an employer, usually in order 
 to bring the workmen to satisfactory terms 
 by a suspension of wages. 202 111. 398. 
 
 LOCK UP HOUSE. A place used tempora- 
 rily as a prison. 
 
 LOCO PARENTIS. See "In Loco Paren- 
 tis." 
 
 L0C0CE8SI0N (Lat.) In the civil law. 
 The act of giving place. 
 
 LOCUM TENENS (Lat.) Holding the 
 place. Applied to a deputy. 
 
 LOCUPLES (Lat.) In civil law. Able to 
 respond in an action; good for the amount 
 which the plaintiff might recover. Dig. 50. 
 16. 284. 1. 
 
 LOCUS (Lat.) A place; the place where 
 a thing is done. 
 
 LOCUS CONTRACTUS. See "Lex Loci." 
 
 LOCUS CONTRACTUS REGIT ACTUM. 
 The place of the contract governs the act. 
 2 Kent, Comm. 458. 
 
 LOCUS CRIMINI8. The locality of a 
 crime; the place where a crime was com- 
 mitted. 
 
 LOCUS DELICTI. The place where the 
 tort, offense, or injury has been committed. 
 
 LOCUS IN QUO (Lat. the place in 
 which) . In pleading. The place where any- 
 thing is alleged to have been done. 1 Salk. 
 94. 
 
 LOCUS PARTITU8. In old English law. 
 A place divided; a division made between 
 two towns or counties to make out in which 
 the land or place in question lies. Fleta, 
 lib. 4, c. 15, § 1; Cowell. 
 
 LOCUS PRO SOLUTIONE REDITUS 
 aut pecuniae secundum conditionem dlmis- 
 slonis aut obligatlonis est strlcte ohservan- 
 dus. The place for the payment of rent or 
 money is to be strictly observed according 
 
LOCUS PUBLICUS 
 
 624 
 
 LONG PARLIAMENT 
 
 to the condition of the lease or obligation. 4 
 Coke, 73. 
 
 LOCUS PUBLICUS. In civil law. A pub- 
 lic place. Dig. 43. 8. 1; Id. 43. 8. 2. 3. 
 
 LOCUS REGIT ACTUM. In private inter- 
 national law. The rule that, when a legal 
 transaction complies with the formalities 
 required by the law of the country where it 
 is done, it is also valid in the country where 
 it is to be given effect, although by the law 
 of that country other formalities are re- 
 quired. 8 Savigny, System, § 381; Westl. 
 Priv. Int. Law, 159. 
 
 LOCUS REl SITAE. See "Lex Bei Sitae." 
 
 LOCUS SIGILLI, The place of the seal. 
 
 The letters L. S. (an abbreviation of locus 
 sigilli), surrounded by a scroll, is in some 
 states held a good seal (5 Wis. 549), but in 
 others a common-law seal is required. See 
 "Seals." 
 
 LOCUS STANDI. A place of standing; 
 standing in court. A right of appearance in 
 a court of justice, or before a legislative 
 body, on a given question. 
 
 LODEMAN. In old English law. A kind 
 of pilot who navigated a vessel vdthin a 
 harbor. Jacob. 
 
 LODEMANAGE. Pilotage fees paid to a 
 lodeman. 
 
 LODGER. One who inhabits a portion of 
 a house of which another has the general 
 possession and custody. It is by this reten- 
 tion of general possession and control by 
 another that a "lodger" is distinguished 
 from a "tenant." 40 L. J. C. P. 188; L. R. 
 6 C. P. 360. A lodger has no interest in 
 the real estate. 117 Gal. 71. 
 
 It is difficult, in the present state of the 
 law, to state exactly the distinctions be- 
 tween a "lodger," a "guest," and a "board- 
 er." A person may be a guest at an inn 
 without being a lodger. 1 Salk. 388 ; 9 Pick. 
 (Mass.) 280; 25 Wend. (N. Y.) 653; 5 
 Sandf. (N. Y.) 242; 16 Ala. (N. S.) 666; 
 8 Blackf. (Ind.) 535; 14 Barb. (N. Y.) 193; 
 6 C. B. 132. And boarder includes one 
 who regularly takes his meals with, and 
 forms in some degree a part of, the house- 
 holder's family, 25 Eng. Law & Eq. 76. 
 
 LODGING HOUSE. A lodging house is 
 distinguished from a hotel in that the keep- 
 er specially deals with his customers by 
 contracting personally -mth the customer 
 for the nature of the accommodation to be 
 provided, the duration of the stay, and ex- 
 ercises the right to' reject all applicants at 
 his pleasure. 168 Wis. 119. See "Hotel." 
 
 LCDS ET RENTES. A fine payable to the 
 seigneur upon every sale of lands within 
 his seigniory. 1 Low. (U. S.) 59. 
 
 Any transfer of lands for a consideration 
 gives rise to the claim (1 Low. [U. S.] 79) : 
 as, the creation of a rente viagire (life 
 
 rent) (1 Low. [U. S.] 84) ; a transfer under 
 bail emphyteotique (1 Low. [U. S.] 295) ; a 
 promise to sell, accompanied by transfer of 
 possession (9 Low. [U. S.] 272). It does 
 not arise on a transfer by a father to his 
 son subject to a payment by the son of a 
 life rent to the father, and of the father's 
 debts (8 Low. [IT. S.] 5, 34, 324); nor 
 where property is required for public uses 
 (1 Low. [U. S.] 91). 
 
 LOG BOOK. A ship's journal. It contains 
 a minute account of the ship's course, with 
 a short history of every occurrence during 
 the voyage. 1 Marsh. Ins. 408. 
 
 LOG ROLLING. A name given to a legis- 
 lative practice of obtaining the passage of 
 several measures by a combination of mi- 
 norities. The original method was to em- 
 body the different measures in a single bill, 
 and pass the same by a united vote of the 
 minorities favoring each. This practice is 
 now rendered impossible by constitutional 
 provision in most of the states, that no bill 
 shall embrace more than one subject. The 
 term is now applied to the practice of agree- 
 ment by minorities favoring several bills 
 to vote for all. 106 111. 206, 
 
 LOGIA or LOGIUM. A small house. 
 
 LOGOGRAPHUS. In Roman law. A pub- 
 lic clerk or accountant. 
 
 LOIAL. (Law Fr.) Lawful. Kelham. 
 
 LOLLARDS A body of primitive Wesley- 
 ans, who assumed importance about the 
 time of John WyclifFe (1360), and were 
 very successful in disseminating evangelical 
 truth; but, being implicated (apparently 
 against their will) in the insurrection of 
 the villeins in 1381, the statute De Haere- 
 tico^Comhurevdo (2 Hen. IV. c. 15) was 
 passed against them, for their suppression. 
 Brown. 
 
 LOMBARDS. A name given to the mer- 
 chants of Italy, numbers of whom, during 
 the twelfth and thirteenth centuries, were 
 established as merchants and bankers in the 
 principal cities of Europe. 
 
 LONG. See "Gambling Contract." 
 
 tONG INTEREST. See "Gambling Con- 
 tract." 
 
 LONG MARKET. See "Gambling Con- 
 tract." 
 
 LONG PARLIAMENT. The name usually 
 given to the parliament which met iii No- 
 vember, 1640, under Charles I., and was dis- 
 solved by Cromwell on the 10th of April, 
 1653. The name "Long Parliament" is, 
 however, also given to the parliament which 
 met in 1661, after the restoration of the 
 monarchy, and was dissolved on the 30th 
 of December, 1678. This latter parliament 
 is sometimes called, by way of distinction, 
 the "long parliament of Charles II." Moz- 
 ley & W. 
 
LONG QUINTO, THE 
 
 625 
 
 LORDS MARCHERS 
 
 LONG QUINTO, THE. An expression 
 used to denote part second of the Year Book 
 which gives reports of cases in B Edw. IV. 
 
 LONG VACATION. The recess of the 
 English courts from August 10th to October 
 24th. 
 
 LONGA PATIENTIA TRAHITUR AD 
 consensum. Long sufferance is construed as 
 consent. Fleta, lib. 4, c. 26, § 4. 
 
 LONGA POSSESSIO EST PACIS JUS. 
 
 Long possession is the law of peace. Co. 
 Litt. 6. 
 
 LONGA POSSESSIO JUS PARIT. Long 
 possession begets right. Fleta, lib. 3, c. 15, 
 § 6. 
 
 LONGA POSSESSIO PARIT JUS POSSI- 
 
 dendl, et tollit actionem vero domino. Long 
 possession produces the right of possession, 
 and takes away from the true owner his 
 action. Co. Litt. 110. 
 
 LONGUM TEMPUS, ET LONGUS USUS 
 qui excedit memoria homlnum, sufficit pro 
 jure. Long time, and long use beyond the 
 memory of man, suffices for right. Co. 
 Litt. 115. 
 
 LOOSE WOMAN. A loose woman, a 
 woman of loose character, is an unchaste 
 woman in the ordinary signification of those 
 terms. By an unchaste woman is meant a 
 sexually impure woman, ordinarily. 68 Vt. 
 320. 
 
 LOPWOOD. A right in the inhabitants of 
 a parish, within a manor in England, to 
 lop for fuel, at certain periods of the year, 
 the branches of trees growing upon the 
 waste lands of the manor. 
 
 LOQUELA (Lat.) In practice. An imparl- 
 ance, loquela sine die, a respite in law to 
 an indefinite time. Formerly by loquela 
 was meant the allegations of fact mutually 
 made on either side, now denominated the 
 "pleadings." Steph. PL 29. 
 
 LOQUENDUM UT VULGUS; SENTIEN- 
 
 dum ut docti. We should speak as the com 
 mon people; we should think as the learned. 
 7 Coke, 11. 
 
 LORD. 
 
 In Feudal Law. The superior of whom 
 
 land is held by feudal tenure. 
 
 In English Law. A title belonging to 
 
 the degree of baron, but sometimes applied 
 to all persons of nobility. 1 Bl. Comm. 
 396. 
 
 LORD ADVOCATE. The chief public 
 prosecutor of Scotland. 2 Alls. Crim. Pr. 
 84. 
 
 LORD CHIEF BARON. The chief judge 
 of, the English court of exchequer, prior to 
 the judicature acts. 
 
 LORD CHIEF JUSTICE. See "Justice." 
 
 LORD HIGH CHANCELLOR. See "Chan- 
 cellor, The Lord High." 
 
 LORD HIGH STEWARD. In England, 
 when a person is impeached, or when a 
 peer is tried on indictment for treason or 
 felony before the house of lords, one of the 
 lords is appointed lord high steward, and 
 acts as speaker pro tempore. Sweet. 
 
 LORD HIGH TREASURER. An officer 
 formerly existing in England, who had the 
 charge of the royal revenues and customs 
 duties, and of leasing the crown lands. His 
 functions are now vested in the lord's com- 
 missioners of the treasury. Mozley & W. 
 
 LORD IN GROSS. In feudal law. He who 
 is lord, not by reason of any manor, but 
 as the king in respect of his crown, etc. 
 "Very lord" is he who is immediate lord to 
 his tenant; and "very tenant," he who holds 
 immediately of that lord. So that, where 
 there is lord paramount, lord mesne, and 
 tenant, the lord paramount is not very 
 lord to the tenant. Whartqji. 
 
 LORD JUSTICE CLERK. The second ju- 
 dicial officer in Scotland. 
 
 LORD KEEPER. Originally another name 
 for the. lord chancellor. After Henry II. 's 
 reign they were sometimes divided, but now 
 there cannot be a lord chancellor and lord 
 keeper at the same time, for by St. 5 Eliz. 
 c. 18, they are declared to be the same 
 office. Com. Dig. "Chancery" (B 1). 
 
 LORD MAYOR'S COURT. In English law. 
 One of the chief courts of special and local 
 jurisdiction in London. It is a court of 
 the queen, held before the lord mayor and 
 aldermen. Its practice and procedure are 
 amended, and its powers enlarged, by 20 
 & 21 Vict. c. 157. In this court, the recorder, 
 or, in his absence, the common serjeant, 
 presides as judge; and from its judgments 
 error may be brought in the exchequer 
 chamber. 3 Steph. Comm. 449, note (1). 
 
 LORD OF A MANOR. The grantee or 
 owner of a manor. 
 
 LORD ORDINARY. In Scotch law. A 
 judge of sessions officiating for the time 
 being as the judge of first instance. 
 
 LORDS APPELLANTS. Five peers who 
 for a time superseded Richard 11. in his 
 government, and whom, after a brief con- 
 trol of the government, he in turn super- 
 seded in 1397, and put the survivors of 
 them to death. Richard II.'s eighteen com- 
 missioners (twelve peers and six common- 
 ers) took their place, as an embryo privy 
 council acting with full powers, during the 
 parliamentary recess. Brown. 
 
 LORD'S DAY. Sunday. Co. Litt. 135. 
 
 LORDS MARCHERS. Those noblemen 
 who lived on the marches of Wales or Scot- 
 land, who in times past had their laws and 
 power of life and death, like petty kings. 
 
LORDS OP ERECTION 
 
 626 
 
 LOT OP GROUND 
 
 Abolished by 27 Hen. VIII. c. 26, and 6 
 Edw. VI. c, 10. Wharton. 
 
 LORDS OF ERECTION. On the reforma- 
 tion in Scotland, the king, as proprietor of 
 benefices formerly held by abbots and 
 priors, gave them out in temporal lordships 
 to favorites, who were termed "lords of 
 erection." Wharton. 
 
 LORDS OF PARLIAMENT. Those who 
 have seats in the house of lords. During 
 bankruptcy, peers are disqualified from sit- 
 ting or voting in the house of lords. 34 & 
 35 Vict. c. 50. Wharton. 
 
 LORDS ORDAINERS. Lords appointed in 
 1312, in the reign of Edward II., for the 
 control of the sovereign and the court 
 party, and for the general reform and bet- 
 ter government of the country. Brown. 
 
 LORDS SPIRITUAL. The archbishops 
 and bishops who have seats in the house of 
 lords. 
 
 LORDS TEMPORAL. Those lay peers 
 who have seats in the house of lords. 
 
 LORDSHIP. Dominion, manor, seigniory, 
 domain; also a title of honor used to a 
 nobleman not being a duke. It is sllso the 
 customary titulary appellation of the judges 
 and some other persons in authority and 
 office. Wharton. 
 
 LOSS. In insurance. The destruction of 
 or damage to the insured subject by the 
 perils insured against, according to the ex- 
 press provisions and construction of the 
 contract. 
 
 These accidents, or misfortunes, or per-' 
 ils, as they are usually denominated, are all 
 distinctly enumerated in the policy. And 
 no loss, however great or unforeseen, can 
 be a loss within the policy unless it be the 
 direct and immediate consequence of one 
 or more of these perils. Marsh. Ins. 1, e. 
 12. 
 
 Loss under a life policy is simply the 
 death of the subject by a cause the risk of 
 which is not expressly excepted in the pol- 
 icy, and where the loss is not fraudulent, 
 as where one assured, who assures the 
 life of another for his own benefit, pro- 
 cures the death. 
 
 Loss in insurance against fire must, under 
 the usual form of policy, be by the par- 
 tial or total destruction or damage of the 
 thing insured by fire. 
 
 In maritime insurance, in which loss by 
 fire is one of the risks usually included, the 
 loss insured against may be absolutely or 
 constructively total, or a partial or general 
 average loss, or a particular average. 
 
 A partial loss is any loss or damage short 
 of, or not amounting to, a total loss; for if 
 it be not the latter, it must be the former. 
 See 4 Mass. 374; 6 Mass. 102, 122, 317; 12 
 Mass. 170, 288; 8 Johns. (N. Y.) 237; 10 
 Johns. (N. Y.) 487; 5 Bin. (Pa.) 595; 2 
 Serg. & R. (Pa.) 558. 
 
 A total loss is such destruction of, or 
 damage to, the thing insured that it is 
 of little or no value to the owner. 
 
 Partial losses are sometimes denominated 
 average losses, because they are often in 
 the nature of those losses which are the 
 subject of average contributions; and they 
 are distinguished Into general and particu- 
 lar averages. See "Average." 
 
 Total losses, in maritime insurance, are 
 absolutely such when the entire thing per- 
 ishes or becomes of no value. Construc- 
 tively, a loss may become total where the 
 value remaining is of such a small amount 
 that the whole may be surrendered. See 
 "Abandonment." 
 
 Consult Phil. Ins.; Arnold, Ind.; Pars. 
 Mar. Law. See "Total Loss." 
 
 LOST, OR NOT LOST. A phrase in poli- 
 cies of insurance, signifying the contract 
 to be retrospective and applicable to any 
 loss within the specified risk, provided the 
 same is not already known to either of the 
 parties, and that neither has any knowledge 
 or information not equally obvious or 
 known to the other. The clause has been 
 adopted only in maritime insurance; though 
 a fire or life policy is not unfrequently re- 
 trospective, or under a different phrase- 
 ology, by a provision that the risk is to 
 commence at some time prior to its date. 
 1 Phil. Ins. § 925. 
 
 LOST PAPERS. Papers which have been 
 destroyed (107 Mass. 546), or so mislaid 
 that they cannot be found after diligent 
 search (1 Vt, 470; 9 Gray [Mass.] 351). 
 
 LOT. That which fortuitously determines 
 what we are to acquire. 
 
 When it can be certainly known what 
 are our rights, we ought never to resort to 
 a decision by lot; but when it is impossible 
 to tell what actually belongs to us, as if an 
 estate is divided into three parts, and one 
 part given to each of three persons, the 
 proper way to ascertain each one's part is 
 to draw lots. Wolff. Dr. Nat. § 669; 
 
 LOT AND SCOT. In English law. Cer- 
 tain duties which must be paid by those who 
 claim to exercise the elective franchise with- 
 in certain cities and boroughs, before they 
 are entitled to vote. It is said that the prac- 
 tice became uniform to refer to the poor 
 rate as a register of "scot and lot" voters; 
 so that the term, when employed to define 
 a right of election, meant only the pay- 
 ment by a parishioner of the sum to which 
 he was assessed on the poor rate. Brown. 
 
 LOT OF GROUND. A small piece o£ land 
 in a town or city, usually employed for 
 building a yard, a garden, or such other 
 urban use. 2 Ohio St. 124; 26 Ark. 101. 
 Lots are "in-lots, ' or those withm^^ the 
 boundary of the city or town, and out- 
 lots," or those which are out of such bound- 
 ary, and which are used by some of the in- 
 habitants of such town or city. 
 
LOTHERWITE 
 
 627 
 
 LUCRI CAUSA 
 
 LOTHERWITE, or LEYERWIT. In old 
 English law. A liberty or privilege to take 
 amends for lying with a bondwoman with- 
 out license. 
 
 LOTTERY. A scheme for the distribution 
 of prizes by lot to persons buying chances. 
 49 Ala. 396. A scheme whereby one, on 
 paying money or other valuable thing to 
 another, becomes entitled to receive from 
 him such a return in value or nothing as 
 some formula of chance may determine. 
 Bish. St. Crimes, § 952. 
 
 A lottery has been distinguished from a 
 mere bet or wager in that the latter is ex- 
 ecutory on both sides, and determined by an 
 independent event; while in case of the for- 
 mer, a price is paid for a chance of a prize, 
 and it is determined by the manager of the 
 game, according to a prearranged scheme, 
 whether he who pays the money is to have 
 a prize. 137 Mass. 250. 
 
 A gift enterprise (q. v.) is a lottery (37 
 Tenn. 507), as is any enterprise by which 
 prizes are paid by lot to persons paying to 
 become members of an association (8 N. Y. 
 228; 33 N. H. 329; 59 111. 160). 
 
 L'OU LE LEY DONE CHOSE, LA CEO 
 done remedie a vener a ceo. Where the law 
 gives a right, it gives a remedy to recover. 
 2 Eolle, 17. 
 
 LOUAGE (Fr.) This is the contract of 
 hiring and letting in French law, and may 
 be either of things or of labor. The varie- 
 ties of each are the following: 
 
 (1) Letting of things; bail a layer being 
 the letting of houses; bail a ferme being the 
 letting of lands. 
 
 (2) Letting of labor; loyer being the let- 
 ting of personal service; bail a cheptel be- 
 ing the letting of animals. Brown. 
 
 LOUDRES (Law Fr.) London. 
 
 LOVE DAY. The day on which any dis- 
 pute between neighbors was amicably set- 
 tled, or a day on which one neighbor helped 
 another without hire. Wharton. 
 
 LOW JUSTICE. In old European law. 
 Jurisdiction of petty offenses, as distin- 
 guished from "high justice" (q. v.). 
 
 LOW-WATER MARK. That part of the 
 shore of the sea to which the waters recede 
 when the tide is lowest. 125 111. 26. Where 
 the water usually stands when free from 
 disturbing causes. 94 Wis. 642. 
 
 The ordinary low-water mark, independ- 
 ent Of spring or neap tides on the ocean, 
 or of drought or freshet in respect to rivers. 
 60 Pa. St. 343. See "High-Water Mark." 
 
 LOWBOTE. Recompense for the death 
 of one killed in an affray. 
 
 LOYAL. Legal, or according to law; as, 
 loyal matrimony, a lawful marriage. 
 
 "Vneore n'est loyal a homme de faire un 
 tort," it is never lawful for a man to do a 
 Wrong. Dyer, fol. 36, § 38. "Et per curiam 
 
 n'est loyal," and it was held by the court 
 that it was not lawful. T. Jones, 24. Also 
 STpelled' loayl. Dyer, fol. 36, § 38; Law Fr. 
 & Lat. Diet. The Norman spelling is "loyae." 
 Kelham. 
 
 Faithful to a prince or superior; true to 
 plighted faith or duty. Webster. 
 
 LOYALTY. Adherence to law; faithful- 
 ness to the existing government. 
 
 LUBRICUM LINGUAE NON FACILE 
 trahendum es^t in poenam. The slipperiness 
 of the tongue, i. e., its liability to err, ought 
 not lightly to be subjected to punishment. 
 Cro. Car. 117. 
 
 LUCID INTERVALS. In medical juris- 
 prudence. Periods in which a lunatic is so 
 far free from his disease that the ordinary 
 legal consequences of insanity do not apply 
 to acts done therein. 
 
 LUCRATIVA CAUSA (Lat.) In Roman 
 law. A consideration which is voluntary; 
 that is to say, a gratuitous gift, or such like. 
 It was opposed to onerosa causa, which de- 
 noted a valuable consideration. It was a 
 principle of the Roman law that two lucra- 
 tive causes could not concur in the same 
 person as regarded the same thing; that is 
 to say, that, when the same thing was be- 
 queathed to a person by two different testa- 
 tors, he could not have the thing (or its 
 value) twice over. Brown. 
 
 LUCRATIVA USUCAPIO (Lat.) This spe- 
 cies of usucapio was permitted in Roman 
 law only in the case of persons taking pos- 
 session of property upon a decease of its 
 late owner, and in exclusion or deforcement 
 of the heir, whence it was called "usucapio 
 pro haerede." The adjective "lucrativa" de- 
 noted that property was acquired by this 
 usucapio without any consideration or pay- 
 ment for it by way of purchase; and, as the 
 possessor who so acquired the property was 
 a mala fide possessor, his acquisition, or 
 usucapio, was called also "improba," i. e., 
 dishonest; but this dishonesty was tolerat- 
 ed (until abolished by Hadrian) as an in- 
 centive to force the haeres to take posses- 
 sion, in order that the debts might be paid 
 and the sacrifices performed; and, as a fur- 
 ther incentive to the haeres, this usucapio 
 was complete in one year. Brown. 
 
 LUCRATIVE SUCCESSION. In Scotch 
 law. The passive title of praeceptio haered- 
 itatis, by which, if an heir apparent re- 
 ceive gratuitously a part, however small, of 
 the heritage which* would come to him as 
 heir, he is liable for all grantor's precon- 
 tracted debts. Ersk. Inst. 3. 8. 87-89; Stair, 
 Inst. 3. 7. 
 
 LUCRI CAUSA (Lat. for the sake of 
 gain). In criminal law. A term descrip- 
 tive of the intent of deriving personal gain 
 with which property is taken in cases of 
 larceny, robbery, and other crimes against 
 property. It is generally held not to be 
 essential (34 Minn. 221; 52 Ala. 411; 17 
 
LUCRUM CESSANS 
 
 628 
 
 LYTAE 
 
 Tex. 521), though the contrary has been 
 held (I McAll. [U. S.] 196). 
 
 LUCRUM CESSANS. In Scotch law. A 
 cessation of gain. Opposed to damnum 
 emergens, an actual loss. 
 
 LUCRUM FACERE EX PUPILLI TUTE- 
 la tutor non debet. A guardian ought not 
 to make money out of the guardianship of 
 his ward. 1 Johns. Ch. (N. Y.) 527, 535. 
 
 LUCTUOSA HAEREDITAS. A mournful 
 inheritance. See "Haereditas Luctuosa." 
 
 LUGGAGE. This term is synonymous 
 ■with "baggage;" the latter being in more 
 common use in this country, while the for- 
 mer seems to be almost exclusively used in 
 England. It may consist of any article in- 
 tended for the use of a passenger while 
 traveling, or for his personal equipment. 
 85 Cal. 330. See "Baggage." 
 
 LUM. L. Fr. A man. LL. Gul. Conq. 
 1. 41. 
 
 LUMEN. In the civil law. Light; an 
 easement of light. The plural form was 
 lumina. 
 
 LUNACY, Lunacy is that condition or 
 habit in which the mind is directed by the 
 will, but is wholly or partially misguided, 
 or erroneously governed by it; or it is the 
 impairment of any one or more faculties 
 of the mind, accompanied with, or induc- 
 ing a defect in the comparing faculty. 
 1 Bland Ch. (Md.) 386. See "Insanity." 
 
 LUNATIC. One who is insane. See "In- 
 sanity." 
 
 LUNATICUS, QUI GAUDET IN LUCIDIS 
 
 interval I is. He is a lunatic who enjoys lucid 
 intervals. 1 Story, Cont. (4th Ed.) 70. 
 
 LUN DRESS. In old English law. A sil- 
 ver penny, so called because it was to be 
 coined only at London, and not at the coun- 
 try mints. Lowndes' Essay on Coins, 17. 
 Cowell. 
 
 LUPANATRIX. In Roman law. A bawd. 
 
 LUPINUM CAPUT GERERE (Lat.) To be 
 outlawed, and have one's head exposed, like 
 a wolf's, with a reward to him who should 
 take it. Cowell. 
 
 LUPULICETUM (Law Lat.) In old Eng 
 lish law. A hop ground, or place where 
 hops grow. Co. Litt. 4 b. 
 
 LUXURY. Excess and extravagance, 
 which was formerly an offense against the 
 public economy, but is not now punishable. 
 1 Jac. I. c. 25. 
 
 LYEF GELD. In Saxon law. Leave mon- 
 ey; a small sum paid by customary tenant 
 for leave to plough, etc. Cowell; Somn. 
 Gavelkind, p. 27. 
 
 LYING IN FRANCHISE. Things derelict, 
 such as waifs, wrecks, estrays, and the like, 
 which may 'be seized without suit or action. 
 3 Steph. Comm. 258. 
 
 LYING IN GRANT. Capable of being 
 passed by grant without livery or seisin. 
 
 Incorporeal rights and things which can- 
 not be transferred by livery of possession, 
 but which exist only in idea, in contempla- 
 tion of law, are said to lie in grant, and 
 pass by the mere delivery of the need. 
 
 LYING IN LIVERY. Incapable of being 
 passed by grant without livery. 
 
 LYING IN WAIT. Hiding in ambush or 
 concealment. 122 la. 125. 
 
 For the purpose of murdering another. 
 8 W. Va. 769. 
 
 To constitute lying in wait, three things 
 must concur, to wit, waiting, watching, and 
 secrecy; and these facts must be estab- 
 lished beyond a reasonable doubt, to author- 
 ize the conclusion that there was such lying 
 in wait, 9 Humph. (Tenn.) 651. 
 
 LYNCH law. a common phrase used to 
 express the vengeance of a mob inflicting an 
 injury and committing an outrage upon a 
 person suspected of some oifense. In Eng- 
 land this is called "Lidford Law." See also 
 "Jedburgh Justice." 
 
 LYNDHURST'S (LORD) ACT. This stat- 
 ute (5 & 6 Wm. IV. c. 54) renders mar- 
 riages within the prohibited degrees abso- 
 lutely null and void. Theretofore such mar- 
 riages were voidable merely. 
 
 LYON KING OF ARMS. In Scotch law. 
 The chief herald. 
 
 LYTAE. In the old Rolnan law. A name 
 given to students of the civil law in the 
 fourth year of their course, from their be- 
 ing supposed capable of solving any diflS- 
 culty in law. Tayl. Civ. Law, 39. 
 
M 
 
 629 
 
 MAGISTER AD FACULTATES 
 
 M 
 
 M. Persons convicted of manslaughter, in 
 England, were formerly marked with this 
 letter on the brawn of the thumb. 
 
 This letter is sometimes put on the face 
 of treasury notes of the United States, and 
 signifies that the treasury note bears inter- 
 est at the rate of one mill per centum, and 
 not one per centum interest. 13 Pet. (U. 
 S.) 176. 
 
 MACE BEARER. In English law. An of- 
 ficer attending the court of session. 
 
 MACE PROOF. Secure against arrest. 
 
 MACEDONIAN DECREE. In Roman law. 
 A decree of the Roman senate, which de- 
 rived its name from that of a certain usurer, 
 who was the cause of its being made, in 
 consequence of his exactions. 
 
 It was intended to protect sons who lived 
 under the paternal jurisdiction from the un- 
 conscionable contracts which they some- 
 'tlmes made on the expectations after their 
 fathers' deaths; another, and perhaps the 
 principal, object, was to cast odium on the 
 rapacious creditors. It declared such con- 
 tracts void. Dig. 14. 6. 1 ; Domat, Civ. Law, 
 liv. 1, tit. 6, § 4; Ponbl. Eq. bk. 1, c. 2, 
 § 12, note. See "Catching Bargain;" "Post 
 Obit." 
 
 MACEGRIEF, or MACEGREF. In old Eng- 
 lish law. One who bought stolen meats, 
 knowing it to be stolen. Spelman. 
 
 MACER. A mace bearer; an officer at- 
 tending the court of session in Scotland. 
 
 MACHINATION. The act by which some 
 plot or conspiracy is contrived or set on 
 foot; an artful design. 
 
 MACHINE. In patent law. 
 
 In its broadest signification, this term is 
 applied to any contrivance which is used to 
 regulate or modify the relations between 
 force, motion, and weight. "The term 'ma- 
 chine' includes every mechanical device or 
 combination of mechanical powers and de- 
 vices to perform some function and produce 
 a certain effect or result." 15 How. (U. 
 S.) 267. 
 
 What are sometimes called the "simple 
 machines" are six in number: The lever, 
 the pulley, the wheel and axle, the wedge, 
 the screw, and the inclined plane. These 
 are sometimes known as the mechanical 
 powers, though neither these nor any other 
 machinery can ever constitute or create 
 power. They can only economize, control, 
 direct, and render it useful. 
 
 Machines, as generally seen and under- 
 stood, are compounded of these simple ma- 
 chines in some of their shapes and modi- 
 fications. Such a combination as, when in 
 operation, will produce some specific final 
 result, is regarded as an entire machine. It 
 
 is so treated in the patent law; for, although 
 a new machine, or a new improvement of a 
 machine, is an invention, and although only 
 one invention can be included in a single 
 patent, still, several different contrivances, 
 each of which is in one sense a machine, 
 may all be separately claimed in a single 
 patent, provided they all contribute to im- 
 prove or to constitute one machine, and are 
 intended to produce a single ultimate result; 
 and a new combination of machines is pat- 
 entable, whether the machines themselves be 
 new or old. 3 Wash. C. C. (U. S.) 69; 1 
 Story (U. S.) 273, 568; 2 Story (U. S.) 
 609; 1 Mason (U. S.) 474; 1 Sumn. (U. S.) 
 482; 3 Wheat. (U. S.) 454. 
 
 MACHINERY. This term is said to be 
 more comprehensive than "machine," includ- 
 ing the appurtenances necessary to its 
 working. Ill Mass. 540. 
 
 MACTATOR. A murderer. 
 
 MADE KNOWN. Words used as a return 
 to a scire facias when it has been served on 
 the defendant. 
 
 MAEC BURGH (Saxon). Family. 
 
 MAEGBOTE, or MAEGBOT. In Saxon 
 law. A recompense or satisfaction for the 
 slaying or murder of a kinsman. Spelman. 
 
 MAEREMIUM (Law Lat. from Law Fr. 
 marisme, timber). In old English law. Tim- 
 ber; wood for the construction of houses 
 or ships. Blount; Bract, fol. 122. 
 
 MAG IS (Lat.) More. 
 
 MAGIS DE BONO QUAM DE MALO LEX 
 
 intendit. The law favors a good rather than 
 a bad construction. Co. Litt. 78b. Where 
 the words used in an agreement are sus- 
 ceptible of two meanings, the one agree- 
 able to, the other against, the law, the 
 former is adopted. Thus, a bond condi- 
 tioned "to assign all offices" vnll be con- 
 strued to apply to such offices only as are 
 assignable. Chit. Cont. 78. 
 
 MAGIS DIGNUM TRAHIT AD SE MINUS 
 
 dignum. The more worthy draws to itself 
 the less worthy. Y. B. 20 Hen. VI. 2, arg. 
 
 MAGISTER (Lat.) A master; a ruler; one 
 whose learning and position make him su- 
 perior to others. Thus, one who has at- 
 tained to a high degree or eminence in sci- 
 ence and literature is called a "master;" 
 as, master of arts. 
 
 MAGISTER AD FACULTATES (Lat.) In 
 English ecclesiastical law. The title of an 
 officer who grants dispensations ; as, to mar- 
 ry, to eat flesh on days prohibited, and 
 the like. Bac. Abr. "Ecclesiastical Courts" 
 (A 5). 
 
MAGISTER CANCELLARIAE 
 
 630 
 
 MAGNA CHARTA 
 
 MAGISTER CANCELLARIAE. In old 
 English law. Master in chancery. 
 
 MAGISTER EQUITUM. In Roman law. 
 Master of the horse. 
 
 MAGISTER LIBELLORUM. In Roman 
 law. Master of requests. 
 
 MAGISTER NAVIS (Lat.) In civil law. 
 Master of a ship; he to whom the whole 
 care of a ship is given up, whether ap- 
 pointed by the ovsmer, or charterer, or mas- 
 ter. Calv. Lex.; Story, Ag. § 36. 
 
 MAGISTER RERUM USUS. Use is the 
 master of things. Co. Litt. 229b. Usage is 
 a principal guide in practice. 
 
 MAGISTER RERUM USUS; MAGISTRA 
 rerum experlentia. Use is the master of 
 things ; experience is the mistress of things. 
 Co. Litt. 69, 229; Wingate, Max. 752. 
 
 MAGISTER SOCIETATIS (Lat.) In civil 
 law. Managing partner. Vicat; Calv, Lex. 
 Especially used of an officer employed in the 
 business of collecting revenues, who had 
 power to call together the tything men (de- 
 cumands) , as it were a senate, and lay mat- 
 ters before them, and keep account of all 
 receipts, etc._ He had, generally, an agent 
 in the province, who was also sometimes 
 called magister societatis. Id. ; Story, Partn. 
 i 95. 
 
 MAGISTERIAL. Pertaining to a magis- 
 trate. 
 
 MAGISTRACY. In its most enlarged sig- 
 nification, this term includes all officers, leg- 
 islative, executive, and judicial. For exam- 
 ple, in most of the state constitutions will 
 be found this provision : "The powers of the 
 government are divided into three distinct 
 departments, and each of these is confided to 
 a separate magistracy, to wit, those which 
 are legislative, to one; those which are ex- 
 ecutive, to another; and those which are 
 judiciary, to another." In a more confined 
 sense, it signifies the body of officers whose 
 duty it is to put the laws in force; as, judg- 
 es, justices of the peace, and the like. In a 
 still narrower sense, it is employed to desig- 
 nate the body of justices of the peace. It is 
 also used for the office of a magistrate. 
 
 MAGISTRALIA BREVIA (Lat.) Writs 
 adapted to special cases, and so called be- 
 cause drawn by the masters in chancery. 1 
 Spence, Eq. Jur. 289. For the difference be- 
 tween these and judicial writs, see Bracton, 
 413b. 
 
 MAGISTRATE. A public civil officer, in- 
 vested with some part of the legislative, ex- 
 ecutive or judicial power given by the con- 
 stitution. 32 Ark. 127. 
 
 The president of the United States is the 
 chief magistrate of this nation; the govern- 
 ors are the chief magistrates of their re- 
 spective states. I 
 
 In a narrower sense, an inferior judicial 
 officer, as a justice of the peace. 32 Ark. 
 127. The term generally applies to judi- 
 cial officers having power to issue warrants 
 for the arrest of persons charged with 
 crime, but the use of the term has been held 
 not to necessarily imply such a power. 32 
 Ark. 124. 
 
 MAGISTRATE'S COURT. The court of a 
 magistrate (g. v.) 
 
 In South Carolina. A court having ex- 
 clusive jurisdiction in matters of contract of 
 and under twenty dollars. 
 
 MAGISTRATUS. In civil law. A magis- 
 trate. Calv. Lex. 
 
 MAGNA ASSISA. The grand assize. 
 
 MAGNA ASSISA ELIGENDA. See "De 
 Magna, etc." 
 
 MAGNA AVENA. Great beasts (oxen, 
 etc.) 
 
 MAGNA CENTUM. The great hundred, 
 or six score. Wharton. 
 
 MAGNA CHARTA, The great charter of 
 English liberties, so called, but which was 
 really a compact between the king and his 
 barons, and almost exclusively for the ben- 
 efit of the latter, though confirming the an- 
 cient liberties of Englishmen in some few 
 particulars, was wrung from King John by 
 his barons assembled in arms, on the 15th 
 of June, 1215, and was given by the king's 
 hand, as a confirmation of his own act, on 
 the little island in the Thames, within the 
 county of Buckinghamshire, which is still 
 called "Magna Charta Island." 
 
 The preliminary interview was held in the 
 meadow of Running Mede, or Runny Mede 
 (from Saxon rane, council) , that is, council 
 meadow, which had been used constantly for 
 national assemblies, and which was situated 
 on the southwest side of the Thames, be- 
 tween Staines and Windsor. Though such 
 formalities were observed, the provisions of 
 the charter were disregarded by John and 
 succeeding kings, each of whom, when wish- 
 ing to do a popular thing, confirmed this 
 charter. There were thirty-two confirma- 
 tions between 1215 and 1416, the most cele- 
 brated of which were those by Hen. III. 
 (1225) and Edw. I., which last confirmation 
 was sealed with the great seal of England 
 at Ghent, on the 6th of November, 1297. 
 The Magna Charta printed in all the books 
 as of 9 Hen. III. is really a transcript of the 
 roll of parliament of 25 Edw. I. There were 
 many originals of Magwi Charta made, two 
 of which are preserved in the British Mu- 
 seum. 
 
 Magna Charta consists of thirty-seven 
 chapters, the subject matter of which is 
 various. Chapter 1 provides that the Angli- 
 can church shall be free, and possess its 
 rights unimpaired, probably referring chief- 
 ly to immunity from papal jurisdiction. 
 Chapter 2 fixes relief which shall be paid 
 
MAGNA CHARTA 
 
 631 
 
 MAGNA CHARTA 
 
 by king's tenant of full age. Chapter 3 
 relates to heirs and their being in ward. 
 Chapter 4. Guardians of wards within age 
 are by this chapter restrained from waste 
 of ward's estate, "vasto hominum et rerum," 
 waste of men and of things, which shows 
 that serfs were regarded as slaves even 
 by this much-boasted charter; and as serfs 
 and freemen were at this time the divisions 
 of society, and as freemen included, almost 
 without exception, the nobility alone, we 
 can see somewhat how much this charter 
 deserves its name. Chapter 5 relates to the 
 land and other property of heirs, and the 
 delivering them up when the heirs are of 
 age. Chapter 6 relates to the marriage of 
 heirs. Chapter 7 provides that widow shall 
 have quarantine of forty days in her hus- 
 band's chief house, and shall have her dower 
 set out to her at once, without paying any- 
 thing for it, and in meanwhile to have rea- 
 sonable estovers; the dower to be one-third 
 of lands of husband, unless wife was en- 
 dowed of less at the church door; widow 
 not to be compelled to marry, but to find 
 surety that she will not marry without 
 consent of the lord of whom she holds. 
 Marriage settlements have now in England 
 taken the place, in great measure, of dow- 
 er. Chapter 8. The goods and chattels 
 of crown debtor to be exhausted before his 
 rents and lands are distrained; the sure- 
 ty not to be called upon if the principal 
 can pay. If sureties pay the debt, they to 
 have the rents and lands of debtor till the 
 debt is satisfied. Chapter 9 secures to Lon- 
 don and other cities and boroughs and town 
 barons of the five ports, and all other ports, 
 to have their ancient liberties. Chapter 10 
 prohibits excessive distress for more serv- 
 ices or rent than was due. Chapter 11 pro- 
 vides that court of common pleas should 
 not follow the court of the king, but should 
 be held in a certain place. They have 
 been, accordingly, located at Westmmster. 
 Chapter 12 declares the manner of taking 
 assizes of novel disseisin and mort d'ances- 
 tor. These were actions to recover lost sei- 
 sin {q. v.), now abolished. Chapter 13 re- 
 lates to assizes darein presentment brought 
 by ecclesiastics to try right to present 
 to ecclesiastical benefice. Abolished. Chap- 
 ter 14 provides that amercement of a free- 
 man for a fault shall be proportionate to 
 his crime, and not excessive, and that the 
 villein of any other than the king shall 
 be amerced in same manner, his farm, uten- 
 sils, etc., being preserved to him (salvo 
 wanagio suo) ; for otherwise he could not 
 cultivate lord's land. Chapter 15 and chap- 
 ter 16 relate to making of bridges, and 
 keeping in repair of sewers and sea walls. 
 This is now regulated by local parochial 
 law. Chapter 17 forbids sheriffs and coro- 
 ners to hold pleas of the crown. Pleas of 
 the crown are criminal cases which it is de- 
 sirable should not be tried by an inferior 
 and perhaps ignorant magistrate. Chapter 
 18 provides that, if any one holding a lay 
 fee from crown die, the king's bailiff, on 
 
 "bowing letters patent of summons for debt 
 from the king, may attach all his goods 
 and chattels, so that nothing be moved 
 away till the debt to crown be paid oflf clear- 
 ly, the residue to go to executors to per- 
 form the testament of the dead; and if there 
 be no debt owing to crown, all the chat- 
 tels of the deceased to go to executors, re- 
 serving, however, to the wife and children 
 their reasonable parts. Debts to the gov- 
 ernment have precedence in United States, 
 as well as in England. A man can now in 
 England will away his whole personal prop- 
 erty from wife and children, but not in some 
 of the United States. See Gen. St. Mass. 
 1560. Chapter 19 relates to purveyance of 
 king's house. Chapter 20 relates to the 
 castle guard. Chapter 21 relates to taking 
 horses, carts, and wood for use of royal 
 castles. The three last chapters are now 
 obsolete. Chapter 22 provides that the 
 lands of felons shall go to the king for a 
 year and a day; afterwards to the lord of 
 the fee. So in France. The day is added 
 to prevent dispute as to whether the year is 
 exclusive or inclusive of its last day. Chap- 
 ter 23 provides that the weirs shall be 
 pulled down in the Thames and Medway, 
 and throughout England, except on the sea- 
 coast. These weirs destroyed fish, and in- 
 terrupted the floating of wood and the like 
 down stream. Chapter _ 24 relates to the 
 writ of praecipe in capite for lords against 
 their tenants offering wrong, etc. Now abol- 
 ished. Chapter 25 provides a uniform mea- 
 sure. See 5 & 6 Wm. IV. c. 63. Chapter 
 26 relates to inquisitions of life and mem- 
 ber, which are to be granted freely. Now 
 abolished. Chapter 27 relates to knight 
 service and other ancient tenures, now abol- 
 ished. Chapter 28 relates to accusations, 
 which must be under oath. Chapter 29 pro- 
 vides that "no freeman shall be taken, or 
 imprisoned, or disseised from his freehold, 
 or liberties, or immunities, nor outlawed, 
 nor exiled nor in any manner destroyed, 
 nor will we come upon him or send against 
 him, except by legal judgment of his peers 
 or the law of the land. We will sell or 
 deny justice to none, nor put off right or 
 justice." This clause is very much cele- 
 brated, as confirming the right to trial by 
 jury. By common law, the twelve jurors 
 must be unanimous. Lord Campbell, in 
 England, introduced a bill changing this, 
 and, in certain cases, allowing the majority 
 to decide. In some jurisdictions in the 
 United States statutes have been enacted 
 doing away in certain cases with the re- 
 quirement for a unanimous verdict. Chapter 
 30 relates to merchant strangers, who are 
 to be civilly treated, and, unless previously 
 prohibited, are to have free passage through, 
 and exit from, and dwelling in, England, 
 without any manner of extortions, except in 
 time of war. If they are of a country at war 
 VTith England, and found in England at the 
 beginning of the war, they are to be kept 
 safely luitil it is found out how English 
 
MAGNA CHARTA 
 
 632 
 
 MAIL 
 
 merchants are treated in their country, and 
 then are to be treated accordingly. Chapter 
 31 relates to escheats. Chapter 32 relates 
 to the power of alienation in a freeman, 
 which is limited. Chapter 33 relates to 
 patrons of abbeys, etc. Chapter 34 provides 
 that no appeal shall be brought by a woman 
 except for death of her husband. This was 
 because the defendant could not defend 
 himself against a woman in single combat. 
 The crime of murder or homicide is now 
 inquired into by indictment. Chapter 35 
 relates to rights of holding county courts, 
 etc. Obsolete. Chapter 36 provides that 
 a gift of lands in mortmain shall be void, 
 and lands so given go to lord of fee. 
 Chapter 37 relates to escuage and sub- 
 sidy. Chapter 38 confirms every article of 
 the charter. 
 
 Magna Charta is said by some to have 
 been so called because larger than the 
 Charta de Foresta, which was given about 
 the same time. Spelman. But see Cowell. 
 Magna Charta is mentioned casually by 
 Braoton, Fleta, and Britton. Glanville is 
 supposed to have written before Magna 
 Charta. The Mirror of Justices (chapter 315 
 et seq.) has a chapter on its defects. See 2 
 Inst.; Barr. Obs. St.; 4 Bl. Comm. 423. See 
 a copy of Magna Charta in 1 Laws S. C. 
 edited by Judge Cooper (page 78). In the 
 Penny Magazine for the year 1833 (page 
 229), there is a copy of the original seal 
 of King John affixed to this instrument; a 
 specimen of a fac simile of the writings of 
 Magna Charta, beginning at the passage, 
 Nullus liber homo capietur vel imprisone- 
 tur, etc. A copy of both may be found in 
 the Magasin Pittoresque for the year 1834 
 (pages 52, 53). See 8 Enc. Brit. 722; 6 Enc. 
 Brit. 332; Wharton. 
 
 MAGNA CHARTA AND CHARTA DE 
 foresta are called les deux grand charters. 
 Magna Charta and the Charter of the For- 
 est are called the two great charters. 2 
 Inst. 570. 
 
 MAGNA CULPA DOLUS EST. Great neg- 
 lect is equivalent to fraud. Dig. 50. 16. 226 ; 
 2 Spears (S. C.) 256; 1 Bouv. Inst, note 
 646. 
 
 MAGNA NEGLIGENTIA CULPA EST; 
 magna culpa dolus est. Gross negligence is 
 a fault; gross fault is a fraud. Dig. 50. 16. 
 226. Culpa is an intermediate degree of 
 negligence between negligentia, or lack of 
 energetic care, and dolus, or fraud, seem- 
 ing to approach nearly to our "negligence" 
 in meaning. 
 
 MAGNA SERJEANTIA. In old English 
 law. Grand serjeanty. Fleta, lib. 2, c. 4, 
 § 1. 
 
 MAGNUM CAPE. Grand cape (g. v.) 
 
 MAGNUM CENTUM. (L. Lat.) In old 
 records. The great hundred; six-score, or 
 one hundred and twenty. Cart. 20. Cowell. 
 
 MAGNUM CONCILIUM. In old English 
 law. The great council; the general council 
 of the realm; afterwards called "parlia- 
 ment." 1 Bl. Comm. 148; 1 Reeve, Hist. 
 Eng. Law, 62; Spelman. 
 
 The king's great council of barons and 
 prelates. Spelman; Crabb, Hist. Eng. Law, 
 228. 
 
 MAGNUS ROTULUS STATUTORUM. 
 
 The great statute roll. The first of the Eng- 
 lish statute rolls, beginning with Magna 
 Charta, and ending with Edward III. Hale, 
 Hist. Com. Law, 16, 17. 
 
 MAG RE, Maugre. L. Fr. Against the 
 will; in spite of; notwithstanding. Kelham. 
 
 MAHEMIUM EST HOMICIDIUM INCHO- 
 atum. Mayhem is incipient homicide. 3 
 Inst. 118. 
 
 MAHLBRIEF. Germ. In maritime law. 
 A contract for the building of a vessel, 
 specifying the denomination and size of the 
 vessel, the time when she is to be com- 
 pleted, and the time and manner of pay- 
 ment. Jacobsen's Sea Laws, 2-8. There 
 is no corresponding term for this contract 
 in English, 
 
 MAIDEN ASSIZE. In English practice. 
 An assize at which no capital conviction 
 takes place. In such a case, the sheriff 
 of the county presents the judges with white 
 gloves. Wharton's Lex, 
 
 MAIDEN RENTS. In old English law. A 
 fine paid to lords of some manors, on the 
 marriage of tenants, originally given in 
 consideration of the lord's relinquishing 
 his customary right of lying the first night 
 with the bride of a tenant. Cowell. 
 
 MAIHEM. See "Mayhem;" "Malm." 
 
 MAIHEMATUS. Maimed. 
 
 MAIHEMIUM, or MAIHEM. Mayhem 
 (g. V.) 
 
 MAIHEMIUM EST INTER CRIMINA MA- 
 jora minimum, et inter minora maximum. 
 Mayhem is the least of great crimes, and 
 the greatest of small. Co. Litt. 127. 
 
 MAIHEMIUM EST MEMBRI MUTILA- 
 tio, et dici poterit, ubi aliquis in aliqua 
 parte sui corporis effectus sit inutilis ad 
 pugnandum. Mayhem is the mutilation of 
 a member, and can be said to take place 
 when a man is injured in any part of his 
 body so as to be useless in fight. Co. Litt. 
 126. 
 
 MAIL (Pr. malle, a trunk). Originally 
 used in reference to the bag or valise which 
 postillions had behind them, and in which 
 they carried letters. In modern usage it 
 is a general term to express the carriage 
 of letters by public authority. 6 Daly (N. 
 Y.) 558. It is used also in reference to 
 the whole or any part of the matter so car- 
 ried. 41 Fed. 130. 
 
MAILE 
 
 633 
 
 MAINZIE 
 
 MAILE. In old English law. A small piece 
 of money; a rent or tribute. 
 
 MAILS AND DUTIES. In Scotch law. 
 Rents of an estate. Stair, Inst. 2. 12. 32; 2 
 Ross, Lect. 235, 381, 431-439. 
 
 MAIM. In criminal law. To deprive a 
 person of such part of his body as to render 
 him less able in fighting or defending him- 
 self than he would have otherwise been. 
 See "Mayhem." 
 
 MAI NAD. Perjury. Cowell. 
 
 MAINE PORT. A small tribute, common- 
 ly of loaves of bread, which in some places 
 the parishioners paid to the rector in lieu 
 of small tithes. Cowell. 
 
 MAINOUR. In criminal law. The thing 
 stolen found in the hands of the thief who 
 has stolen it. 
 
 Hence, when a man is found with prop- 
 erty which he has stolen, he is said to be 
 taken with the mainour, that is, it is found 
 in his hands. 
 
 Formerly there was a distinction made 
 between a larceny, when the thing stolen 
 was found in the hands of the criminal, and 
 when the proof depended upon other cir- 
 cumstances not quite so Irrefragable. The 
 former properly was termed 'pris ove may- 
 novere, or ove mainer, or mainour, as it is 
 generally written. Barr. Obs. St. 315, 316, 
 note. 
 
 MAINOVRE, or MAINOEUVRE. A tres- 
 pass committed by hand. See 7 Rich. II. 
 c. 4. 
 
 MAINPERNABLE. Capable of being 
 bailed; one for whom bail may be taken; 
 bailable. 
 
 MAINPERNORS. In English law. Those 
 persons to whom a man is delivered out of 
 custody or prison, on their becoming bound 
 for his appearance. 
 
 Mainpernors differ from bail. A man's 
 bail may imprison or surrender him up be- 
 fore the stipulated day of appearance; 
 mainpernors can do neither, but are mere- 
 ly sureties for his appearance at the day. 
 Bail are only sureties that the party be an- 
 swerable for all the special matter for which 
 they stipulate; mainpernors are bound to 
 produce him to answer all charges what- 
 soever. 6 Mod. 231; 7 Mod. 77, 85, 98; 3 Bl. 
 Coram. 128. See Dane, Abr. 
 
 MAINPRISE. In English law. The tak- 
 ing a man into friendly custody, who might 
 otherwise be committed to prison, upon se- 
 curity given for his appearance at a time 
 and place assigned. Wood. Inst. bk. 4, c. 4. 
 
 MAINSWORN. Forsworn, by making 
 false oath with hand (main) on book. Used 
 in the North of England. Brownl. & G. 4; 
 Hob. 125. 
 
 MAINTAINED. In pleading. A technical 
 word indispensable in an indictment for 
 maintenance. 1 Wils. 325. 
 
 MAINTAINORS. In criminal law. Those 
 who maintain or support a cause depending 
 between others, not being retained as coun- 
 sel or attorney. For this they may be fined 
 and imprisoned. 2 Swift, Dig. 328; 4 Bl. 
 Comm. 124; Bac. Abr. "Barrator." 
 
 MAINTENANCE. Aid, support, assist- 
 ance; the support which one person, who is 
 bound by law to do so, gives to another for 
 his living; for example, a father is bound 
 to find maintenance for his children; and a 
 child is required by law to maintain his 
 father or mother, when they cannot sup- 
 port themselves, and he has ability to main- 
 tain them. 1 Bouv. Inst, notes 284-286. 
 
 -In Criminal Law, A malicious, or, at 
 
 least, officious, interference in a suit in 
 which the offender has no interest, to assist 
 one of the parties to it against the other, 
 with money or advice to prosecute or de- 
 fend the action without any authority of 
 law. 1 Russ. Crimes, 176. See 3 Cow. (N. 
 Y.) 623. 
 
 The intermeddling of a stranger in a suit 
 for the purpose of stirring up strife and 
 continuing the litigation. 2 Pars. Cont. 266. 
 See 4 Term. R. 340; 6 Bing. 299; 4 Q. B. 
 883. 
 
 There must be assistance actually ren- 
 dered (1 Hempst. [Ark.] 300), though the 
 suit need not be pending (13 Ired. [N. C] 
 201), and under the modern doctrine, the 
 assistance must be either in giving or hir- 
 ing legal advice, or the bearing part of the 
 expenses. 
 
 But there are many acts in the nature of 
 maintenance which become justifiable from 
 the circumstances under which they are 
 done. They may be justified, first, because 
 the party has an interest in the thing in 
 variance, as when he has a bare contingency 
 in the lands in question, which possibly 
 may never come in esse (Bac. Abr. "Main- 
 tenance." And see 11 Mees. & W. 675; 9 
 Mete. [Mass.] 489; 13 Mete. [Mass.] 262; 1 
 Me. 292; 6 Me. 361; 11 Me. Ill); second, 
 because the party is of kindred or afiinitjr, 
 as father, son, or heir apparent, or husband 
 or wife (3 Cow. [N. Y.] 623) ; third, be- 
 cause the relation of landlord and tenant 
 or master and servant subsists between the 
 party to the suit and the person who as- 
 sists him; fourth, because the money is 
 given out of charity (1 Bailey [S. C] 401) ; 
 fifth, because the person assisting the party 
 to the suit is an attorney or counsellor; the 
 assistance to be rendered must, however, be 
 strictly professional, for a lawyer is not 
 more justified in giving his client money 
 than another man (1 Russ. Crimes, 179; 
 Bac. Abr. "Maintenance;" Broke, Abr. 
 "Maintenance"). See "Champerty." 
 
 MAINZIE (Scotch). Mayhem. 
 
MAIRE 
 
 634 
 
 MALA IN SE 
 
 MAIRE. 
 
 In Old English Law. A mayor; an of- 
 ficer classed with justices and sheriffs. 
 
 In Old Scotch Law. An officer to 
 
 whom process was directed. Otherwise call- 
 ed "mair of fie" (fee) , and classed with the 
 serjand. Skene de Verb. Sign. 
 
 MAISON DE DIEU (Fr. house of God). A 
 hospital; an almshouse; a monastery. St. 
 39 Eliz. c. 5. 
 
 MAISTER. An old form of master. 
 
 MAJESTAS. In Roman law. The mag- 
 esty or prerogative of the sovereign or state. 
 
 MAJESTY. A term used of kings and em- 
 perors as a title of honor. It sometimes 
 means power; as when we say, the majesty 
 of the people. See Wolff. Inst. § 998. 
 
 MAJOR. One who has attained his full 
 age, ' and has acquired all his civil rights ; 
 one who is no longer a minor; an adult. 
 
 In Military Law. The officer next in 
 
 rank above a captain. 
 
 MAJOR ANNUS. The greater year; the 
 bissextile year, consisting of 366 days. 
 Bracton, fol. 359b. 
 
 MAJOR-GENERAL. In military law. An 
 ofHcer next in rank above a brigadier gen- 
 eral. He commands a division consisting of 
 several brigades, or even an army. 
 
 MAJOR HAEREDITAS VENIT UNICUI- 
 que nostrum a jure et legibus quam a paren- 
 tibus. A greater Inheritance comes to every 
 one of us from right and the laws than 
 from parents. 2 Inst. 56. 
 
 MAJOR NUMERUS IN SE CONTINET 
 minorem. The greater number contains In 
 itself the less. Bracton, 16. 
 
 MAJORA REGALIA. See "Regalia." 
 
 MAJORE POENA AFFECTUS QUAM 
 legibus statuta est, non est infamis. One af- 
 fected with a greater punishment than is 
 provided by law is not infamous. 4 Inst. 
 66. 
 
 MAJORES. 
 
 In Roman Law and Genealogical Ta- 
 bles. The male ascendants beyond the sixth 
 degree. 
 
 In Old English Law. Greater persons; 
 
 persons of higher condition or estate. 
 
 MAJORI CONTINET IN SE MINUS. 
 
 The greater includes the less. 19 Viner, Abr. 
 379. 
 
 MAJORI SUMMAE MINOR INEST. The 
 
 lesser is included in the greater sum. 2 
 Kent, Comm. 618; Story, Ag. § 172. 
 
 MAJORITY. The state or condition of a 
 person who has arrived at full age. He is 
 then said to be a "major," in opposition to 
 "minor," which is his condition during in- 
 fancy. 
 
 The greater number; more than all the 
 opponents; more than half of the whole 
 number or group. 146 Iowa, 215. 
 
 MAJUS DIGNUM TRAHIT AD SE 
 minus dignum. The more worthy or the 
 greater draws to it the less worthy or the 
 lesser. 5 Viner, Abr. 584, 586; Co. Litt. 43, 
 355b; 2 Inst. 307; Finch, Law, 22. 
 
 MAJUS EST DELICTUM SEIPSUM OC 
 cidere quam alium. It is a greater crime to 
 kill one's self than another. 
 
 MAJUS JUS. In old practice. Greater 
 right, or more right. A plea in the old real 
 actions. 1 Reeve, Hist. Eng. Law, 476. Mor 
 jus jus merum, more mere right. Bracton, 
 fol. 31. 
 
 MAKE. To perform or execute; as, to 
 make his law is to perform that which a 
 man had bound himself to do; that is, to 
 clear himself of an action commenced 
 against him, by his oath and the oath of 
 his neighbors. Old Nat. Brev. 161. To make 
 a contract is to execute the same. To make 
 default is to fail to appear in proper trial. 
 To make oath is to swear according to the 
 form prescribed by law. To make money on 
 an execution is to collect the same. It is 
 also used intransitively of persons and 
 things, to have effect, to tend; e. g., "That 
 case makes for me." Hardr. 133; Webster. 
 See "Facias." 
 
 MAKER. A term applied to one who 
 makes a promissory note, and promises to 
 pay it when due. 
 
 He who makes a bill of exchange is called 
 the "drawer;" and frequently in common 
 parlance and in books of reports we find 
 the word "drawer" inaccurately applied to 
 the maker of a promissory note. See "Prom- 
 issory Note." 
 
 MAKING HIS LAW. A phrase used to 
 denote the act of a person who wages his 
 law. Bac. Abr, "Wager of Law." 
 
 MALA (Lat.) Bad. 
 
 MALA FIDES (Lat.) Bad faith. It is op- 
 posed to bona fides, good faith. 
 
 MALA GRAMMATICA NON VITIAT 
 chartam; sed In expositione instrumentorum 
 mala grammatica quoad fieri possit evitanda 
 est. Bad grammai does not vitiate a deed; 
 but in the construction of instruments, bad 
 grammar, as far as it can be done, is to be 
 ■avoided. 6 Coke, 39; 9 Coke, 48; Viner, Abr. 
 "Grammar" (A); Lofft, 441; Broom, Leg. 
 Max. (3d London Ed.) 612. 
 
 MALA IN SE. That which is wrong in it- 
 self, without regard to statutory prohibi- 
 tfcn, because of its palpable and proximate 
 injury to the public peace, order, or morals. 
 
 A distinction was formerly made, in re- 
 spect of contracts, between mala proMbita 
 and mala in se; but that distinction has 
 been exploded, and it is now established 
 
MALA PRAXIS 
 
 635 
 
 MALICE 
 
 that when the provisions of an act of the 
 legislature have for their object the protec- 
 tion of the public, it makes no difference, 
 with respect to contracts, whether the thing 
 be prohibited absolutely or under a penalty. 
 5 Barn. & Aid. 335, 340; 10 Barn. & C. 98; 
 3 Starkie, 61; 13 Pick. (Mass.) 518; 2 
 Bing. N. C. 636, 646. The distinction is, 
 however, important in criminal law in some 
 cases with reference to the question of in- 
 tent. 1 Bish. Crim. Law, § 2157. 
 
 Thus, one who kills another by accident 
 in committing a misdemeanor mala in se is 
 guilty of manslaughter, but otherwise if 
 the misdemeanor was mala prohibita. 1 
 Clark & Marshall, Crimes, 20. 
 
 Crimes WMla in se include all common- 
 law offenses, for the common law punishes 
 no act not in itself wrong. See 114 Mass. 
 323. 
 
 MALA PRAXIS. Malpractice {q. v.) 
 
 MALA PROHIBITA. That which is 
 wrong only because it is prohibited by stat- 
 ute. 1 Bl. Comm. 57. See "Mala in Se." 
 
 MALANDRINUS. In old English law. A 
 thief. 
 
 MALBERGE. A hill where the people as- 
 sembled at a court, like the English as- 
 sizes, which by the Scotch and Irish were 
 called "parley hills." Du Cange. 
 
 MALE. Of the masculine sex; of the sex 
 that begets young; the sex opposed to the 
 female. 
 
 MALE CREDITUS. In old English law. 
 Unfavorably thought of; in bad repute or 
 credit. Bracton, fols. 116, 154. 
 
 MALE FAME. (L. Fr.) Bad character. 
 Stat. Westm. 1, c. 12. 
 
 MALEDICTA EXPOSITIO QUAE COR- 
 
 rumpit textum. It is a cursed construction 
 which corrupts the text. 2 Coke, 24; 4 Coke, 
 35; 11 Coke, 34; Wingate, Max. 26. 
 
 MALEDICTION (Lat.) In ecclesiastical 
 law. A curse which was anciently annexed 
 to donations of lands made to churches 
 and religious houses against those who 
 should violate their rights. 
 
 MALEFACTOR (Lat) He who has been 
 guilty of some crime; in another sense, one 
 who has been convicted of having commit- 
 ted a crime. 
 
 MALEFICIA NON OEBENT REMAN- 
 ere impunlta, et Impunitas continuum af- 
 fectum tribuit delinquent!. Evil deeds 
 ought not to remain unpunished, and im- 
 punity affords continual incitement to the 
 delinquent. 4 Coke, 45. 
 
 MALEFICIA PROPOSITIS DISTIN- 
 
 guuntur. Evil deeds are distinguished from 
 evil purposes. Jenk. Cent. Cas. 290. 
 
 MALEFICIUM (Lat.) In civil law. 
 Waste damage; torts; injury. Dig. 5. 18. 1. 
 
 MALESON, or MALISON. A curse. 
 Bailey. 
 
 MALFEASANCE. The unjust perform- 
 ance of some act which the party had no 
 right, or which he had contracted not, to 
 do. 33 Com. 115. It differs from misfeasance 
 and nonfeasance (q. v.) See 1 Chit. Prac. 
 9; 1 Chit. PI. 134. 
 
 MALFETRIA. In Spanish law. Offense. 
 White, New Eecop. bk. 2, tit. 19, c. 1, § 1. 
 
 MALICE. 
 
 In Crimes. In its broadest legal 
 
 sense, the term is substantially synonymous 
 with "criminal intent," and means the state 
 of mind of a person, irrespective of his 
 motive, whenever he consciously violates the 
 law. In this sense, every person who is sui 
 juris, and who, without justification or ex- 
 cuse, willfully does an act which is prohib- 
 ited and made punishable by law as a 
 crime, does the act maliciously. 1 Clark & 
 Marshall, Crimes, 139. 
 
 Malice, in its legal sense, characterizes 
 all acts done intentionally with an evil dis- 
 position, a wrong and unlawful motive and 
 purpose; the willful doing an injurious act 
 without lawful excuse. 9 Mete. (Mass.) 93, 
 or just cause, 194 Mich. 197; 4 B. & C. 255; 
 107 Mich. 215. 
 
 Malice implies not only willfulness, but 
 an absence of lawful excuse. 12 Fla. 117. 
 
 In relation to particular crimes, the term 
 is sometimes used in a narrower sense. 
 Thus, as applied to the offense of malicious 
 mischief, it implies a sense of resentment or 
 ill will towards the owner of the property 
 injured. 3 Cush. (Mass.) 558. 
 
 Malice is either express or implied. Ex- 
 press malice is actual malice, and exists 
 where a person actually contemplates the 
 injury or wrong which he inflicts. Implied 
 malice, otherwise called "constructive mal- 
 ice," or "malice in law," is that which is im- 
 puted by the law from the nature of the 
 act done, irrespective of the actual intent 
 of the party. See 10 N. Y. 120. 
 
 In Torts. Generally, malice implies 
 
 no more than an absence of legal excuse (4 
 Wend. [N. Y.] 13) ; a mind not sufflciently 
 cautious before it inflicts injury upon an- 
 other (11 Serg. & R. [Pa.] 39) ; but in some 
 connections, as, for example, to authorize 
 the allowance of punitive damages, there 
 must be either actual ill will, or a wanton 
 disregard of consequences (37 Mich. 34; 
 77 111. 280). 
 
 Malice, to render one liable in punitive 
 damages, contemplates not merely an in- 
 jurious act, but an act conceived in a spirit 
 of mischief, or of willful indifference to 
 civil obligations. See 91 U. S. 489. 
 
 Specific ill will is not essential (27 Mo. 
 28) ; but a general wanton desire to annoy 
 is sufficient to constitute malice (2 Hilt. [N. 
 Y.] 40). 
 
MALICE AFORETHOUGHT 
 
 636 
 
 MALUM HOMINUM 
 
 MALICE AFORETHOUGHT. Wicked 
 purpose. These words in the description of 
 murder do not imply deliberation, or the 
 lapse of considerable time between the ma- 
 licious intent to take and the actual exe- 
 cution of that intent, but rather denote 
 purpose and design, in contradistinction to 
 accident and mischance. 5 Gush. (Mass.) 
 306. And see 8 Car. & P. 616; 2 Mason (U. 
 S.) 60; 1 Dev. & B. (N. C.) 121, 163; 6 
 Blackf. (Ind.) 299; 3 Ala. (N. S.) 497. 
 They do not imply evil design against a 
 particular person, but evil design in general, 
 the dictate of a wicked, depraved, and 
 malignant heart. 49 N. H. 399. 
 
 The term implies more than "malice" (1 
 Clark & Marshall, Crimes, 492). It includes 
 not only a willful doing of wrong without 
 lawful excuse, but an evil purpose, general 
 or particular therein. 2 Moody, 40. See 9 
 Yerg. (Tenn.) 342. 
 
 Malice afore- 
 
 MALICE PREPENSE. 
 thought {q. V.) 
 
 MALICIOUS. Done with malice (g. v.) 
 
 MALICIOUS ARREST. A wanton arrest 
 made without probable cause by a regular 
 process and proceeding. See "Malicious 
 Prosecution." 
 
 MALICIOUS MISCHIEF. The wanton or 
 reckless destruction of property. 
 
 The word "malicious" is not sufficiently 
 defined as the willfully doing of any act 
 prohibited by law, and for which the de- 
 fendant has no lawful excuse. In order to 
 a conviction of the offense of malicious 
 mischief, the jury must be satisfied that 
 the injury was done either out of a spirit 
 of wanton cruelty, or of wicked revenge. 
 Jacob. "Mischief," "Malicious;" Alls. Sc. 
 Cr. Law, 448; 3 Gush. (Mass.) 558; 2 Mete. 
 (Mass.) 21; 3 Dev. & B. (N. C.) 130; 5 
 Ired. (N. G.) 364; 8 Leigh (Va.) 719; 3 
 Me. 177. Authorities are divided as to 
 whether wantonness or general malice is 
 sufficient. That it is not, see 79 N. G. 656; 
 44 Ala. 380; 49 Miss. 331. Contra, 28 Ga. 
 380; 44 N. H. 392. 
 
 MALICIOUS PROSECUTION. A judicial 
 proceeding instituted without probable 
 cause (97 U. S. 642; 59 Ind. 500), and with 
 malicious intent (7 111. App. 181; 30 N. Y. 
 625). 
 
 While malice may be inferred by the jury 
 from absence of probable cause, the pres- 
 ence of malice in fact is essential. 44 Gal. 
 144. 
 
 At common law, the malicious prosecu- 
 tion of a civil action was actionable (Co. 
 Litt. 161) , but in most of the states only 
 the malicious institution of a criminal pro- 
 ceeding is the subject of an action. (4 N. 
 J. Law, 330). 
 
 MALIGNARE. To malign or slander; 
 also to maim; 
 
 MALITIA (Lat.) Malice. 4 Bl. Comm. 
 199. 
 
 MALITIA EST ACIDA; EST MALI ANI- 
 ml affectus. Malice is sour; it is the qual- 
 ity of a bad mind. 2 Bulst. 49, 
 
 MALITIA PRAECOGITATA. Malice 
 aforethought. 4 Bl. Gomm. 198. 
 
 MALITIA SUPPLET AETATEM. Malice 
 supplies age. Dyer, 104; 1 Bl. Comm. 464; 
 4 Bl. Comm. 22, 23, 312; Broom, Leg. Max. 
 (3d London Ed.) 284. See "Malice." 
 
 MALITIIS HOMINUM EST OBVIAN- 
 dum. The wicked or malicious designs of 
 men must be thwarted. 4 Coke, 15b. 
 
 MALLUM. In old European law. A court 
 of the higher kind (placitum majus), in 
 which the more important business of the 
 county was dispatched by the count or earl 
 (comei). Spelman. A public national as- 
 sembly. 1 Robertson, Hist. Chas. V. Ap- 
 pend, note xl. 
 
 MALO ANI MO. With evil intent. 
 
 MALO SENSU. In an evil sense. 
 
 MALPRACTICE. Bad or unskillful prac- 
 tice in a physician or other professional 
 person, whereby the health of the patient 
 is injured. 
 
 Physicians and surgeons impliedly con- 
 tract that they are reasonably and ordina- 
 rily qualified to practice the medical profes- 
 sion, and for a failure to possess and exer- 
 cise such qualifications they are liable. 17 
 Ind. 115; 21 Minn. 464; 75 N. Y. 12. 
 
 Willful malpractice takes place when the 
 physipan purposely administers medicines 
 or performs an operation which he knows 
 and expects will result in damage or death 
 to the individual under his care; as in the 
 case of criminal abortion. Elwell, Malprac. 
 243 et seq.; 2 Barb. (N. Y.) 216. 
 
 Negligent malpractice comprehends those 
 cases where there is no criminal or dishon- 
 est object, but gross negligence of that at- 
 tention which the situation of the patient 
 requires; as, if a physician should admin- 
 ister medicines, while in a state of intoxi- 
 cation, from which injury would arise to 
 his patient. 
 
 Ignorant malpractice is the administra- 
 tion of medicines calculated to do injury,, 
 which do harm, and which a well-educated 
 and scientific medical man would know were 
 not proper in the case. Elwell, Malprac. 
 198 et seq.; 7 Barn. & G. 493, 497; 6 Bing. 
 440; 6 Mass. 134; 5 Gar. & P. 333; 1 Moody 
 & R. 405; 5 Cox, C. G. 587. 
 
 MALTREATMENT. Synonymous with 
 bad treatment. 2 Allen (Mass.) 143. 
 
 MALT TAX, or MALT SCOT. In English 
 law. An excise duty on malt. 
 
 MALUM HOMINUM EST OBVIANDUM. 
 The malicious plans of men must be avoid- 
 ed. 4 Coke, 15. 
 
MALUM IN SE 
 
 637 
 
 MANCIPATIO 
 
 MALUM IN SE. An act wrong In itself. 
 The plural form is mala in se (q. v.) 
 
 MALUM NON HABET EFFICIENTEM, 
 sed deficientem causam. Evil has not an 
 efficient, but a deficient, cause. 3 Inst. 
 Proeme. 
 
 MALUM NON PRAESUMITUR. Evil is 
 not presumed. 4 Coke, 72; Branch, Princ. 
 
 MALUM PROHIBITUM. A thing wrong 
 only because prohibited by law. The plural 
 form is mala prohibita (q. v.) 
 
 MALUM QUO COMMUNIUS EO PEJUS. 
 The more common the evil, the worse. 
 Branch, Princ. 
 
 MALUM VENIENDl (Pr. mal de venue.) 
 Misfortune or sickness, or accident hap- 
 pening to a party on his way to court. 
 Bract, fol. 339. 
 
 MALUS USUS EST ABOLENDUS. An 
 
 evil custom is to be abolished. Co. Litt. 
 141; Broom, Leg. Max. (3d London Ed.) 
 827; Litt. § 212; 5 Q. B. 701; 12 Q. B. 845; 
 2 Myline & K. 449. 
 
 MALVEILLES. Ill will. In some ancient 
 records, this word signifies malicious prac- 
 tices, or crimes and misdemeanors. 
 
 MALVEIS PROCURORS. Such as used to 
 pack juries, by the nomination of either 
 party in a cause, or other practice. Art. 
 Sup. Chart, c. x. Cowell. 
 
 MALVERSATION. In French law. This 
 word is applied to all punishable faults com- 
 mitted in the exercise of an office, such as 
 corruptions, exactions, extortions, and lar- 
 ceny. Merlin, Repert. 
 
 MAN. A human being; a person of the 
 male sex; a male of the human species 
 above the age of puberty, as distinguished 
 from a woman or a boy. 106 Wis. 346. 
 
 In its most extended senSe, the term in- 
 cludes not only the adult male sex of the 
 human species, but women and children. 
 Examples: "Of offenses against man, some 
 are more immediately against the king, 
 others more immediately against the sub- 
 ject." Hawk. P. C. bk. 1, c. 2, § 1. "Offenses 
 against the life of man come under the gen- 
 eral name of 'homicide,' which in our law 
 signifies the killing of a man by a man." 
 Id. bk. 1, c. 8, § 2. 
 
 In a statute prohibiting fornication it 
 vrill be held to include all male persons who 
 have arrived at the age of puberty, 106 
 Wis. 346. 
 
 It was considered in the civil or Roman 
 law that, although "man" and "person" are 
 synonymous in grammar, they had a differ- 
 ent acceptation in law. All persons were 
 men, but not all men— for example, slaves 
 —were not persons, but thiugs. See Barr, 
 Obs. St. 216, note. 
 
 MAN OF STRAW. See "Straw Men." 
 
 MANAGER. A person appointed or elect- 
 ed to manage the affairs of another. A 
 term applied to those officers of a corpora- 
 tion who are authorized to manage its af- 
 fairs. 1 Bouv. Inst, note 190 ; 17 Mass. 29. 
 
 In England and Canada, the chief execu- 
 tive officer of a branch bank is called a 
 "manager." His duties are those of our 
 presidents and cashiers combined. His sig- 
 nature is necessary to every contract bind- 
 ing on the bank, except entries in the pass- 
 books of customers. He indorses bills, 
 signs bills of exchange and drafts, and con- 
 ducts the correspondence of the bank. He 
 is under the control of the board of direc- 
 tors of the bank, and there is usually a lo- 
 cal or branch board of directors, at which 
 he acts as presiding officer. Sewell, Bank. 
 
 One of the persons appointed on the part 
 of the house of representatives to prosecute 
 impeachments before the senate. 
 
 MANAGING AGENT. The managing 
 agemt of a corporation is one exercising 
 general powers and having general super- 
 vision over its affairs. 16 Wis. 220. 
 
 MANAGING OWNER OF SHIP. The man- 
 aging ovmer of a ship is one of several co- 
 owners, to whom the others, or those of 
 them who join in the adventure, have dele- 
 gated the management of the ship. He has 
 authority to do all things usual and neces- 
 sary in the management of the ship and 
 the delivery of the cargo, to enable her to 
 prosecute her voyage and earn freight, 
 with the right to appoint an agent for the 
 purpose. 6 Q. B. Div. 93; L. R. 1 C. P. 649. 
 
 MANAGIUM. A mansion house or dwell- 
 ing place. Cowell. 
 
 MANBOTE. A compensation paid the re- 
 lations of a murdered man by the murder- 
 er or his friends. 
 
 MANCEPS. In Roman law. A purchaser; 
 one who took the articles sold in his hand 
 (qui manu cepit) ; a formality observed in 
 certain sales; a farmer of the public taxes. 
 Calv. Lex.; Adams, Rom. Ant. 55. 
 
 MANCHE PRESENT. A bribe; a pres- 
 ent from the donor's own hand. 
 
 MANCIPARE. In the Roman law. To sell, 
 alienate, or make over to another; to sell 
 with certain formalities. 
 
 To sell a person; one of the forms ob- 
 served in the process of emancipation. 
 
 MANCIPATIO (Lat. from mancipare, q. 
 V.) In the Roman law. A kind of sale in the 
 presence of five witnesses, accompanied with 
 delivery of possession or seisin; the pur- 
 chaser taking the thing sold in his hand. 
 It took place among Roman citizens only, 
 and was confined to certain property called 
 res vnofM^fpi or mmn,<Apaa. Calv. Lmc; Ad- 
 ams, Rom. Art. 55, 58. 
 
 The imaginary sale of a son in the cere- 
 mony of emancipation; so called because 
 
MANCIPI RES 
 
 638 
 
 MANDATE 
 
 the natural father gave over {mancipabat, 
 i. e., inanu tradebat) his son to the pur- 
 chaser, adding these words, Mancupo tibi 
 hunc filium qui meus est. Adams, Rom. 
 Ant. 52; Cooper, Just. Inst, notes, *442, 443. 
 
 MANCIPI RES (Lat.) In old Roman law. 
 A name given to one of the leading divi- 
 sions of private property, the precise mean- 
 ing of which is not settled. IJlpian defines 
 or describes it as embracing estates in Italy 
 (praedia in Italico solo) which were ac- 
 quired by mancipation, usucapion, or ad- 
 judication, those rights of country estates 
 called servitudes, slaves, and working ani- 
 mals. Calv. Lex. Gibbon explains it to 
 mean things originally taken in war (manu 
 eapti) , and which were sold in the particu- 
 lar form called mancipatio, in order to as- 
 sure the purchaser that they had been the 
 property of an enemy, and not of a fellow 
 citizen. 3 Gibb. Rom. Emp. (Am. Ed. 1844) 
 176. 
 
 MANCIPIUM. The power acquired over a 
 freeman by the mancipatio. 
 
 To form a clear conception of the true 
 import of the word in the Roman jurispru- 
 dence, it is necessary to advert to the four 
 distinct powers which were exercised by the 
 pater-familias, viz. : The manus, or martial 
 power; the mancipium, resulting from the 
 mancipatio, or alienatio per aes et libram,, 
 of a freeman; the dominica potestas, the 
 power of the master over his slaves, and the 
 patria potestas, the paternal power. When 
 the pater-familias sold his son, venum dare, 
 Tuancipwre, the paternal power was succeed- 
 ed by the mancipium,, or the power acquired 
 by the purchaser over the person whom he 
 held in mancipio, and whose condition was 
 assimilated to that of a slave. What is most 
 remarkable is that, on the emancipation 
 from the mancipium, he fell back into the 
 paternal power, which was not entirely ex- 
 hausted until he had been sold three times 
 by the pater-familias. Si pater filium ter 
 venum duit, filius a patre liber esto. Gaius 
 speaks of the viancipatio as im,aginaria 
 quaedam venditio, because in his time it was 
 only resorted to for the purpose of adop- 
 tion or emancipation. See "Adoption;" 
 "Pater-Familias;" 1 Ortolan, 112 et seq. 
 
 MANCOMUNAL. In Spanish law. An ob- 
 ligation is said to be m,aneomunal when one 
 person assumes the contract or debt of an- 
 other, and makes himself liable to pay or 
 fulfill it. Schmidt, Civ, Law, 120. 
 
 MANDAMIENTO. In Spanish law. Com- 
 mission; authority or power of attorney; a 
 contract of good faith, by which one per- 
 son commits to the gratuitous charge of an- 
 other his affairs, and the latter accepts the 
 charge. White, New Recop. bk. 2, tit. 12, 
 c. 1. 
 
 MANDAMUS. In practice. This is a high 
 prerogative writ, usually issuing out of the 
 highest court of general jurisdiction in a 
 
 state, in the name of the sovereignty, di- 
 rected to any natural person, corporation, 
 or inferior court of judicature within its 
 jurisdiction, requiring them to do some par- 
 ticular thing therein specified, and which 
 appertains to their ofl5ce or duty. 3 BI 
 Comm. 110; 4 Bac. Abr. 495; Opinion of 
 Marshall, C, J., 1 Cranch (U. S.) 137, 168. 
 
 It is a proper remedy to compel the per- 
 formance of a specific act where the act is 
 ministerial in its character (12 Pet. [U. S 1 
 524; 34 Pa. St. 293; 26 Ga. 665; 7 Iowa, 186, 
 390) ; but where the act is of a discretion- 
 ary (6 How. [U. S.] 92; 11 How. [U. S.l 
 272; 17 How. [U. S.] 284; 12 Cush. [Mass.] 
 403; 20 Tex. 60; 10 Cal. 376; 5 Har. [Del] 
 108; 12 Md. 329; 4 Mich. 187; 5 Ohio St. 
 528) or judicial' nature (14 La. Ann. 60; 7 
 Cal. 130; 18 B. Mon. [Ky.] 423; 7 El. & Bl. 
 366) , it will lie only to compel action gener- 
 ally (11 Cal. 42; 30 Ala. [N. S.] 49; 28 Mo. 
 259) ; and where the necessity of acting is 
 a matter of discretion, it will not lie even 
 to compel action (6 How. [U. S.] 92; 5 
 Iowa, 380). 
 
 The writ of mandamus is either alterna- 
 tive or peremptory. The former usually 
 Issued at the commencement of the suit, 
 commanding in the alternative that defend- 
 ant do the specified act, or show cause why 
 he should. not, and the latter, issued after 
 hearing, commanding the performance of 
 the decree without alternative. 
 
 MANDANS. In civil law. The employing 
 party in a contract of mandate. One who 
 gives a thing in charge to another; one 
 who requires, requests, or employs another 
 to do some act for him. Inst. 3. 27. 1. et 
 seq. 
 
 MANDANT. The bailor in a contract of 
 mandate. 
 
 MANDATA LICITA STRICTAM RECIPI- 
 unt Interpretationem, sed illicita latam et 
 extensam. Lawful commands receive a 
 strict interpretation, but unlawful, a wide 
 or broad construction. Bac. Max. reg. 16. 
 
 MANDATAIRE. In French law. A man- 
 datary. 
 
 MANDATARIUS TERMINOS SIBI POSI- 
 tos transgredi non potest. A mandatary can- 
 not exceed the bounds of his authority. 
 Jenk. Cent. Cas. 53. 
 
 MANDATARY, Or MANDATARIUS. One 
 who undertakes to perform a mandate. 
 Jones, Bailm. 53. 
 
 MANDATE. 
 
 In Practice. A judicial command or 
 
 precept issued by a court or magistrate, di- 
 recting the proper officer to enforce a judg- 
 ment, sentence, or decree. Commonly ap- 
 plied to the precept issued by an appellate 
 court after decision of the cause, command- 
 ing the lower court to proceed therein. 
 
 In Contracts. A bailment of property 
 
 in regard to which the bailee engages to do 
 
MANDATO 
 
 639 
 
 MANIA 
 
 some act without reward. Story, Bailm. 
 i 137; 148 111. 186. 
 
 The contract of mandate in the civil law 
 is not limited to personal property, nor does 
 it require a delivery of personal property 
 when it relates to that. Poth. de Mand. 
 note 1; Civ. Code La. arts. 2954-2964. It 
 is, however, restricted to things of a per- 
 sonal nature at common law, and of these 
 there must be a delivery, actual or con- 
 structive. Story, Bailm. § 142; 3 Strob. 
 (S. C.) 343. 
 
 Mandates and deposits closely resemble 
 each other; the distinction being that in 
 mandates the care and service are the prin- 
 cipal, and the custody the accessory; while 
 in deposits the custody is the principal thing 
 and the care and service are merely acces- 
 sory. Story, Bailm. § 140. 
 
 In Civil Law. The instructions which 
 
 the emperor addressed to a public func- 
 tionary, and which were to serve as rules 
 for his conduct. These mandates resembled 
 those of the proconsuls, the mandata juris- 
 dictio, and were' ordinarily binding on the 
 legates or lieutenants of the emperor of 
 the imperial provinces, and there they had 
 the authority of the principal edicts. Sa- 
 vigny. Dr. Rom. c. 3, § 24, note 4. 
 
 International Law. The authority un- 
 der which former German colonies were 
 taken over and administered under the 
 treaty of Versailles. 
 
 IVIANDATO. In Spanish law. The contract 
 of mandate. Escriche, Die. Raz., Schmidt, 
 Civ. Law, 197. 
 
 MANDATOR. The person who consigns 
 property to another under a contract of 
 mandate. Story, Bailm. § 138. 
 
 MANDATORY. Containing a command; 
 peremptory. As applied to statutes, a pro- 
 vision is mandatory if proceedings in dis- 
 regard of it are absolutely void. 1 Duer (N. 
 Y.) 79. 
 
 MANDATORY INJUNCTION. One which 
 commands the doing of some aifirmative act 
 by the person to whom it is directed. See 
 14 Abb. Pr. (N. Y.) 106; 25 Fed. 654; High, 
 Inj. i 478. 
 
 MANDATUM. In the civil law. Mandate 
 (g. V.) 
 
 MANDATUM NISI GRATUITUM NUL- 
 lum est. Unless a mandate is gratuitous, it 
 is not a mandate. Dig. 17. 1. 1. 4; Inst. 3, 
 27; 1 Bouv. Inst, note 1070. 
 
 MANDAV! BALLIVO. In English practica 
 The return made by a sheriff when he has 
 committed the execution of a writ to a bailiff 
 of a liberty, who has the right to execute 
 the writ. 
 
 MANENS (pi. manentes; Law Lat. from 
 manere, to remain or stay). In Saxon and 
 old English law. A kind of tenant inhab- 
 iting a manse (mansi inbdla) ; an agricul- 
 
 tural tenant (qui hydan colit). Spelman. 
 The ceorls are mentioned in the later An- 
 glo-Saxon charters, under the name of 
 manentes. 1 Spence, Ch. 50. 
 
 MANERA. In Spanish law. Manner or 
 mode. Las Partidas, pt. 4, tit. 4, lib. 2. 
 
 MANERIUM DICITUR A MANENDO, SE- 
 cundum excellentiam, sedes magna, fixa, e't 
 stabilis. A manor is so called from man- 
 endo, according to its excellence, a seat, 
 great, fixed, and firm. Co. Litt. 58. 
 
 MANHOOD. In feudal law. A term denot- 
 ing the ceremony of doing homage by the 
 vassal to his lord. The formula used was 
 devenio vester homo, I become your man. 2 
 Bl. Comm. 54. See "Homage." 
 
 MANIA. In medical jurisprudence. This 
 is the most common of all the forms of re- 
 cent insanity, and consists of one or both 
 of the following conditions, viz., intellect- 
 ual aberration, and morbid or affective 
 obliquity. 
 
 In other words, the maniac^ either misap- 
 prehends the true relations ' between per- 
 sons and things, in consequence of which he 
 adopts notions manifestly absurd, and be- 
 lieves in occurrences that never did and 
 never could take place, or his sentiments, 
 affections, and emotions are so perverted 
 that whatever excites their activity is 
 viewed through a distorting medium; or, 
 which is the most common fact, both these 
 conditions may exist together, in which case 
 their relative share in the disease may dif- 
 fer in such a degree that one or the other 
 may scarcely be perceived at all. Accord- 
 ing as the intellectual or moral element pre- 
 vails, the disease is called "intellectual" or 
 "moral" mania. Whether the former is ever 
 entirely wanting has been stoutly ques- 
 tioned, less from any dearth of facts than 
 from some fancied metaphysical incon- 
 gruity. The logical consequence of the 
 doubt is that, in the absence of intellectual 
 disturbance, there is really no insanity, — ■ 
 the moral disorders proceeding rather from 
 unbridled passions than any pathological 
 condition. Against all such reasoning it 
 will be sufficient here to oppose the very 
 common fact that in every collection of the 
 insane may be found many who exhibit no 
 intellectual aberration, but in whom moral 
 disorders of the most flagrant kind present 
 a marked contrast to the previous charac- 
 ter and habits of life. 
 
 Both forms of mania may be either gen- 
 eral or partial. In the latter, the patient 
 has adopted some notion having a very lim- 
 ited influence upon his mental movements, 
 while outside of that no appearance of im- 
 pairment or irregularity can be discerned. 
 Pure "monomania," as this form of insanity 
 has been often called, — that is, a mania con- 
 fined to a certain point, the understanding 
 being perfectly sound in every other respect, 
 I — is, no doubt, a veritable fact, but one of 
 I very rare occurrence. The peculiar notions 
 
MANIA A POTU 
 
 640 
 
 MANRENT 
 
 of the insane, constituting insane belief, 
 are of two kinds, — "delusions" and "hallu- 
 cinations." By the former is meant a Arm 
 belief in something impossible, either in 
 the nature of things or in the circumstances 
 of the case, or, if possible, highly improb- 
 able, and associated in the mind of the pa- 
 tient with consequences that have to it only 
 a fanciful relation. By "hallucination" is 
 meant an impression supposed by the pa- 
 tient, contrary to all proof or possibility, 
 to have been received through one of the 
 senses. For instance, the belief that one is 
 Jesus Christ or the pope of Rome is a de- 
 lusion; the belief that one hears voices 
 speaking from the walls of the room, or 
 sees armies contending in the clouds, is a 
 hallucination. The latter implies some mor- 
 bid activity of the perceptive powers; the 
 former is a mistake of the intellect ex- 
 clusively. 
 
 MANIA A POTU. See "Delirium Tre- 
 mens." 
 
 MANIFEST. 
 
 ——In Commercial Law. A written in- 
 strument containing a true account of the 
 cargo of a ship or a commercial vessel. 
 
 As to the requirements of the United 
 States laws in respect to manifests, see 1 
 Story, U. S. Laws, 593, 594. 
 
 The want of a manifest, where one is re- 
 quired, and also the making a false mani- 
 fest, are grave oifenses. 
 
 In Evidence. That which is clear and 
 
 requires no proof; that which is notorious. 
 
 MANIFESTA PROBATIONE NON INDI- 
 gent. Manifest things require no proof. 7 
 Coke, 40b. 
 
 MANIFESTO. A solemn declaration, by 
 the constituted authorities of a nation, 
 which contains the reasons for its public 
 acts towards another. 
 
 On the declaration of war, a manifesto is 
 usually issued, in which the nation declar- 
 ing the war states the reasons for so doing. 
 Vattel, lib. 3, c. 4, § 64; Wolff. Dr. Nat. 
 § 1187, 
 
 MANKIND. Persons of the male sex; the 
 human species. St. 25 Hen. VIII., c. 6, 
 makes it felony to commit sodomy with 
 mankind or beast. Females as well as 
 males are included under the term "man- 
 kind." Fortescue, 91; Bac. Abr. "Sodomy." 
 
 MANNER. Manner has a broader mean- 
 ing than "method." The word is derived 
 from the Latin, manus, the hand, and in a 
 wider sense embraces both method and 
 mode. 20 111. App. 326. 
 
 MANNER AND FORM. In pleading. After 
 traversing any allegation in pleading, it is 
 usual to say, "in manner and form as he 
 has in his declaration in that behalf al- 
 leged," which is as much as to include in 
 the traverse not only the mere fact op- 
 posed to it, but that in the manner and form 
 
 in which it is stated by the other party. 
 These words, however, only put in issue 
 the substantial statement of the manner of 
 the fact traversed, and do not extend to 
 the time, place, or other circumstances at- 
 tending it, if they were not originally ma- 
 terial and necessary to be proved as laid. 3 
 Bouv. Inst. 297. See "Modo et Forma." 
 
 ■ MANN I RE. To cite kny person to appear 
 in court and stand in_ judgment there. It 
 is different from bannire; for, though both 
 of them are citations, this is by the ad- 
 verse party, and that is by the judge. Du 
 Cange. 
 
 MANNOPUS* (Lat.) An ancient word, 
 which signifies goods taken in the hands of 
 an apprehended thief. 
 
 MANOR. This word is derived from the 
 French manoir, and signifies a house, resi- 
 dence, or habitation. At present its mean- 
 ing is more enlarged, and includes not only 
 a dwelling house, but also lands. See Co. 
 Litt. 58, 108; 2 RoUe, Abr. 121; Merlin, 
 Repert, "Manoir." See Sergeant, Land Laws 
 Pa. 195. 
 
 In English Law. A tract of land 
 
 originally granted by the king to a person 
 of rank, part of which (terrae tenemen- 
 tales) were given by the grantee or lord of 
 the manor to his followers; the rest he re- 
 tained, under the name of his demesnes 
 (terrae dominieales) . That which remained 
 uncultivated was called the "lord's waste," 
 and served for public roads, and commons 
 of pasture for the lord and his tenants. 
 The whole fee was called a "lordship," or 
 "barony," and the court appendant to the 
 manor the "court baron." The tenants, in 
 respect to their relation to this court and 
 to each other, were called pares curiae; in 
 relation to the tenure of their lands, copy- 
 holder {q. v.), as holding by a copy of the 
 record in the lord's court. 
 
 The franchise of a manor, i. e., the right 
 to jurisdiction and rents and services of 
 copyholders. Cowell. No new manors were 
 created in England after the prohibition of 
 subinfeudation by St. Quia Emptores, in 
 1290. 1 Washb. Real Prop. 30. 
 
 In American Law. A manor was for- 
 merly a tract held of a properieto^; by a 
 fee-farm rent in money or in kind, and 
 descending to oldest son of proprietor, who 
 in New York was called a "patroon." 
 
 "Manor" is derived originally either from 
 Latin manendo, remaining, or from British 
 maer, stones, being the place marked out or 
 inclosed by stones. Webster. 
 
 MANQUELLER (Saxon). A murderer. 
 
 MANRENT, or MANRED. In Scotch law. 
 The service of a man or vassal. A bond of 
 manrent was an instrument by which a 
 person, in order to secure the protection of 
 some powerful lord, bound himself, "in 
 manrent and service, to be leil andtrew 
 man and servant," specifying the service. 
 
MANSE 
 
 641 
 
 MANUFACTURING 
 
 MANSE. Habitation; fa,rm and land. Spel- 
 man. Parsonage or vicarage house. Paed. 
 Airt. 431; Jacob. So in Scotland. Bell, Diet. 
 
 MANSER. A bastard. Cowell. 
 
 MANSIO L. Lat. [from manere, to stay.] 
 In old European law. An inn; a place of en- 
 tertainment and accommodation for trav- 
 elers. Spelman. 
 
 In old English law. A dwelling; a man- 
 sion; which might be constructed of sev- 
 eral houses. Bract, fol. 434. 
 
 MANSION HOUSE. Any house of dwell- 
 ing, in the law of burglary, etc. 3 Inst. 64. 
 
 The term "mansion house," in its com- 
 mon sense, not only includes the dwelling 
 house, but also all the buildings within the 
 curtilage, as the dairy house, the cow 
 house, the stable, etc.; though not under 
 the same roof nor contiguous. Burn, Inst. 
 "Burglary;" 1 Thomas, Co. Litt. 215, 216; 
 1 Hale, P. C. 558; 4 Bl. Comm. 225. See 3 
 Serg. & R. (Pa.) 199; 4 Strob. (S. C.) 372; 
 
 13 Bost. Law Rep. 157; 4 Call. (Va.) 109; 
 
 14 Mees. & W. 181; 4 C. B. 105. 
 
 MANSLAUGHTER. Manslaughter is 
 homicide committed without excuse or jus- 
 tification, and without malice aforethought, 
 expressed or implied. 1 Hawk. P. C. c. 30, 
 §§ 2, 3; Steph. Dig. Crim. Law, art. 223. 
 
 Voluntary manslaughter is an intentional 
 homicide in sudden passion or heat of blood 
 caused by reasonable provocation, and not 
 with malice aforethought. 1 Hale, P. C. 466. 
 
 To constitute voluntary manslaughter, 
 (1) the killing must be intentional; (2) it 
 must be without malice; (3) the provoca- 
 tion must be so great as to reasonably ex- 
 cite passion in an ordinary man, and cause 
 him to act rashly and without reflection, 
 and so immediate as not to afford reason- 
 able cooling time. 
 
 Involuntary manslaughter is homicide 
 committed unintentionally, but without ex- 
 cuse, and not under such circumstances as 
 to raise the implication of malice. 23 Iowa, 
 154; 62 Mich. 29. It may arise (1) from 
 the doing of a criminal act not amounting 
 to a felony, nor naturally tending to cause 
 death or great bodily harm; (2) from the 
 doing of a lawful act vdth gross negli- 
 gence; (3) from the omission to perform a 
 legal duty under circumstances showing 
 gross negligence. 
 
 By statutes in the various states, the de- 
 grees of manslaughter and the elements of 
 each degree have been variously altered. 
 
 MANSUETUS. Tame. See "Animals." 
 
 MANSUM CAPITALE. The manor house. 
 
 MANTHEOFF (Saxon). A horse thief. 
 
 MANU BREVI (Lat.) In civil law. With 
 a short hand. A term used in the civil law, 
 signifying shortly; directly; by the short- 
 est course; without circuity. Calv. Lex. 
 
 MANU FORT I. With strong hand. Used 
 in writs of trespass. 
 
 MANU LONGA. In civil law. With a long 
 hand; indirectly or circuitously. Calv. Lex. 
 
 MANUAL LABOR. The term manual la- 
 bor, in its ordinary and usual meaning and 
 acceptation, means labor performed by and 
 with the hand or hands, and implies the 
 ability for such sustained exercise and use 
 of the hand or hands at labor as will en- 
 able a person thereby to earn or assist in 
 earning a livelihood. 206 111. 211. 
 
 MANUCAPERE. L. Lat. [from manus, 
 hand, and capere, to take.] In old law and 
 practice. To become surety; to offer one's 
 self as a surety to redeem another from 
 imprisonment, and to have him in court at 
 an appointed day. Spelman. 
 
 MANUCAPTIO. A writ which lay to ad- 
 mit to bail one taken on suspicion of fel- 
 ony, and who could not be admitted to bail 
 by the sheriff. 
 
 MANUCAPTORS. Mainpernors (q. v.) 
 
 MANUFACTURE. Primarily, something 
 made by hand as distinguished from a nat- 
 ural growth, but as machinery has largely 
 supplanted this primitive method the word 
 is now ordinarily used to denote an article 
 upon the material of which labor has been 
 expended to make the finished product. 255 
 111. 272. 
 
 To manufacture is to make or fabricate, 
 as anything for use, especially in consid- 
 erable quantities or numbers, or by the aid 
 of many hands or machinery; to make 
 wares or merchandise by hand or machin- 
 ery or by other agency. 188 111. 495. 
 
 MANUFACTURING CORPORATIONS. 
 Such as are engaged in "the production of 
 some article, thing, or object, by skill or 
 labor, out of raw material, or from matter 
 which has already been subjected to natural 
 forces." 99 N. Y. 184. 
 
 It has been held to include a company for 
 the manufacture and supply of illuminating 
 gas (89 N. Y. 409) ; but otherwise as to a 
 company supplying natural gas (108 Pa. 
 111). It includes a company preparing ice 
 by artificial refrigeration, but not one cut- 
 ting and storing natural ice. 99 N. Y. 181. 
 It includes a company engaged in refining 
 oil (101 Mass. 385) ; a milling company (17 
 111. 54) ; but not a mining company (106 
 Mass. 131), nor a dry-dock company en- 
 gaged in repairing vessels (92 N. Y. 487). 
 A company engaged in publishing a news- 
 paper is not a manufacturing company (51 
 N. J. Law, 75; ffO Minn. 82; 18 Nat. Bankr. 
 Reg. 319) ; but a book and job printing 
 company is (47 N. J. Law, 36; 51 N. J. 
 Law, 75; 6 Nat. Bankr. Reg. 238). 
 
 A company dealing in the articles of its 
 manufacture is not engaged exclusively in 
 manufacturing. 66 Minn. 234. 
 
MANUMISSION 
 
 642 
 
 MARINE 
 
 MANUMISSION. The act of releasing 
 from the power of another; the act of giv- 
 ing liberty to a slave. 
 
 In the Roman Law. It was a generic 
 expression, equally applicable to the en- 
 franchisement from the manus, the manci- 
 pium, the dominica, potestas, and the patria 
 potestas. 
 
 MANUNG, or MONUNG. In old English 
 law. The district within the jurisdiction 
 of a reeve, apparently so called from his 
 power to exercise therein one of his chief 
 functions, viz., to exact (amanian) all fines. 
 
 MANURABLE. In old English law. Ca- 
 pable of being had or held in hand; capable 
 of manual occupation; capable of being cul- 
 tivated; capable of being touched; tangi- 
 ble; corporeal. Hale, Anal. § 24. 
 
 MANUS (Lat. hand). Anciently signified 
 the person taking an oath as a compurga- 
 tor. The use of this word probably came 
 from the party laying his hand on the New 
 Testament. Manus signifies, among the 
 civilians, power, and is frequently used as 
 synonymous with potestas. Lee. Elm. § 94. 
 
 MANUS MEDIAE. Men of low degree. 
 
 MANUS MORTUA. A dead hand; mort- 
 main. Spelman. 
 
 MANUSCRIPT. An- unpublished writing, 
 or one that has been published without the 
 consent of the person entitled to control it. 
 
 MANUTENENTIA. In old English law. 
 Maintenance. 
 
 MANWORTH. In old English law. The 
 price or value of a man's life or head. Cow- 
 ell. 
 
 MARASTRE. (L. Fr.) A mother-in-law. 
 Kelham. A step-mother. Britt. c. 119. 
 
 MARAUDER. One who, while employed 
 in the army as a soldier, commits a lar- 
 ceny or robbery in the neighborhood of the 
 camp, or while wandering away from the 
 army. Merlin, Eepert. See Halleck, Int. 
 Law; Lieber, Guerrilla Parties; 37 Mo. 328. 
 
 MARC-BANCO. The name of a coin. The 
 marc-banco of Hamburg, as money of ac- 
 count, at the custom house, is deemed and 
 taken to be of the value of thirty-five cents. 
 Act March 3, 1843. 
 
 MARCH. In Scotch law. A boundary line. 
 Bell, Diet.; Ersk. Inst. 2. 6. 4. 
 
 MARCHERS. In old English law. Nobles 
 who lived on the Marches, and had their 
 own laws, and power over life and death, as 
 if they were petty princes. Camden; Ja- 
 cob. Abolished by St. 27 Hen. VIII. c. 26, 
 1 Edw. VI. c. 10, and 1 & 2 Philip & M. c. 
 15.' They were also called "Lords March- 
 ers." 
 
 MARCHES. In old English law. Boimda- 
 ries or frontiers of a state. 
 
 MARCHETA. 
 
 In Old Scotch Law. A custom for the 
 
 lord of a fee to lie the first night with the 
 bride of his tenant. Abolished by Malcolm 
 III. Spelman; 2 Bl. Comm. 83. 
 
 A fine paid by the tenant for the remis- 
 sion of such right, originally a mark or half 
 a mark of silver. Spelman. 
 
 In Old English Law. A fine paid for 
 
 leave to marry, or to bestow a daughter in 
 marriage. Cowell. 
 
 The etymology of the term is variously 
 traced from Scotch march, a horse, Latin 
 marea, a mark, and British merch, a maid. 
 The first of these is approved by Skene. 
 
 MARCHIONESS. A dignity in a woman 
 corresponding to that of marquis in a man, 
 and obtained either by creation or by mar- 
 riage with a marquis. Wharton. 
 
 MARESCALLUS (from German, march, 
 horse, and schalch, master). A groom of 
 the stables, who also took care of the dis- 
 eases of the horses. Du Cange. 
 
 An officer of the imperial stable, magister 
 equorum. Du Cange. 
 
 A military officer, whose duty it was to 
 keep watch on the enemy, to choose place 
 of encampment, to arrange or marshal the 
 army in order of battle, and, as master of 
 the horse to commence the battle. This 
 office was second to that of com.es stabuli, or 
 constable. Du Cange. 
 
 An officer of the court of exchequer. 51 
 Hen. III. 5. 
 
 An officer of a manor, who oversaw the 
 hospitalities (munsioTiarius) . Du Cange; 
 Fleta, lib. 2, c. 74. 
 
 Marescallus aulae. An officer of the royal 
 household, who had charge of the person of 
 the monarch and peace of the palace. Du 
 Cange. 
 
 MARETUM (Lat.) Marshy ground over- 
 flowed by the sea or great rivers. Co. Litt. 
 5. 
 
 MARGIN. See "Gambling Contract." 
 
 MARGINAL PURCHASE. By a marginal 
 purchase of an article is usually meant a 
 purchase where the full price is not given 
 at the time of the execution of the order, 
 without regard to the percentage of the un- 
 paid balance thereon and without regard to 
 whether the purchase is made as an in- 
 vestment with the expectation of later mak- 
 ing full payment and acquiring possession 
 of the article or as a speculation with the 
 intention of selling upon a rise in the mar- 
 ket and without any intention of making 
 full payment therefor or acquiring posses- 
 sion of the article purchased. 171 Mich. 38. 
 
 MARINARIUS (Law Lat.) An ancient 
 word which signified a mariner or seaman. 
 In England, marinarius eapitaneus was the 
 admiral or warden of the ports. 
 
 MARINE. Belonging to the sea; relating 
 to the sea; naval. A soldier employed, or 
 
MARINE CONTRACT 
 
 643 
 
 MARITIME CONTRACT 
 
 liable to be employed, on vessels of war, un- 
 der the command of an officer of marines, 
 ■who acts under the direction of the com- 
 mander of the ship. See "Marine Corps." 
 It is also used as a general term to denote 
 the whole naval power of a state or coun- 
 try. 
 
 MARINE CONTRACT. One which relates 
 to business done or transacted upon the sea 
 and in seaports, and over which the courts 
 of admiralty have jurisdiction concurrent 
 with the courts of common law. See "Mari- 
 time Contract;" Pars. Mar. Law; 2 Gall. 
 (U. S.) 398. 
 
 MARINE CORPS. A body ot officers and 
 soldiers under an organization separate and 
 distinct from that of the army, and intended 
 for service, in detached portions, on board 
 of ships of war. 
 
 MARINE INSURANCE. A contract of in- 
 demnity by which one party, for a stipu- 
 lated premium, undertakes to indemnify the 
 other, to the extent of the amount insured, 
 against all perils of the sea, or certain 
 enumerated perils, to which his ship, cargo, 
 and freight, or some of them, may be ex- 
 posed during a certain voyage, or a fixed 
 period of time. 
 
 MARINE INTEREST. A compensation 
 paid for the use of money loaned on bot- 
 tomry or respondentia. Provided the money 
 be loaned and put at risk, there is no fixed 
 limit to the rate which may be lawfully 
 charged by the lender; but courts of ad- 
 miralty, in enforcing the contract, will miti- 
 gate the rate when it is extortionate and 
 unconscionable. 
 
 MARINE LEAGUE. A measure etjual to 
 the twentieth part of a degree of latitude. 
 Bouch. Inst, note 1845. It is generally con- 
 ceded that a nation has exclusive terri- 
 torial jurisdiction upon the high seas for a 
 marine league from its own shores. 1 Kent, 
 Comm. 29. ' 
 
 MARINER. One whose occupation it is to 
 navigate vessels upon the sea. Surgeons, 
 engineers, clerks, stewards, cooks, porters, 
 and chamber maids, on passenger steamers, 
 when necessary for the service of the ship 
 or crew, are also deemed mariners, and per- 
 mitted as such to sue in the admiralty for 
 their wages. 1 Conkl. Adm. 107. See "Sea- 
 man." 
 
 MARIS ET FOEMINAE CONJUNCTIO 
 est de jure naturae. The union of male and 
 female is founded on the law of nature. 7 
 Coke, 13. 
 
 MARITAGIO AMISSO PER DEFALTAM. 
 An obsolete writ for the tenant in frank 
 marriage to recover lands, etc., of which he 
 was deforced. 
 
 MARITAGIUM (Lat.) A portion given 
 with a daughter in marriage. 
 
 During the existence of the feudal law, 
 it was the right which the lord of the fee 
 
 had, under certain tenures, to dispose of 
 the daughters of his vassal in marriage. 
 Beames, Glanv. 138, note; Bracton, 21a; 
 Spelman; 2 Bl. Comm. 69; Co. Litt. 21b, 76a. 
 
 MARITAGIUM EST AUT LIBERUM 
 aut servitio obligatum; liberum maritagium 
 dicltur ubi donator vult quod terra sic data 
 quieta sit et libera ab omni secular! servitio. 
 A marriage portion is either free or bound 
 to service; it is called "frank marriage" 
 when the giver wills that land thus given 
 be exempt from all secular service. Co. 
 Litt. 21. 
 
 MARITAGIUM HABERE. To have the 
 free disposal of an heiress in marriage. 
 
 MARITAL. That which belongs to mar- 
 riage; as, marital rights, marital duties. 
 
 MARITAL PORTION. In Louisiana. The 
 name given to that part of the deceased 
 husband's estate to which the widow is en- 
 titled. Civ. Code La. 334, art. 55; 3 Mart. 
 (La.; N. S.) 1. 
 
 MARITAL RIGHTS. The rights of a hus- 
 band. Chiefly applied to the right of sexual 
 intercourse. 
 
 MARITIMA ANGLIAE. In old English 
 law. The emolument or revenue coming to 
 the king from the sea, which the sheriffs 
 anciently collected, but which was after- 
 wards granted to the admiral. Spelman. 
 
 MARITIMA INCREMENTA. In old Eng- 
 lish law. Marine increases; lands gained 
 from the sea. Hale de Jur. Mar. pt. 1, c. 4. 
 
 MARITIME. Pertaining to the sea. Ordi- 
 narily, the term is synonjmious with "ma- 
 rine." 
 
 MARITIME CAUSE. A cause arising 
 from a maritime contract, whether made at 
 sea or on land. 
 
 The term includes such causes as relate 
 to the business, commerce, or navigation of 
 the sea; as charter parties, bills of lading, 
 and other contracts of affreightment; bot- 
 tomry and respondentia contracts; and con- 
 tracts for maritime services in repairing, 
 supplying, and navigating ships and vessels ; 
 contracts and quasi contracts respecting 
 averages, contributions, and jettisons, when 
 the party prosecuting has a maritime lien; 
 and also those arising from torts and in- 
 juries committed on the high seas, or on 
 other navigable waters within the admiralty 
 jurisdiction. 
 
 MARITIME CONTRACT. One which re- 
 lates to the business of navigation upon the 
 sea, or to business appertaining to com- 
 merce or navigation to be transacted or 
 done upon the sea, or in seaports, and over 
 which courts of admiralty have jurisdiction 
 concurrent with the courts of common law. 
 
 Such contracts, according to the civilians, 
 include, among others, charter parties, bills 
 of lading, marine hypothecations, contracts 
 
MARITIME COURT 
 
 644 
 
 MARKETABLE TITLE 
 
 for services in building, repairing, supply- 
 ing, and navigating ships, contracts respect- 
 ing averages, jettisons, etc. 
 
 In an early opinion by Story, J., these 
 views were generally adopted (2 Gall. [U. 
 S.] 398), but it has been since held that the 
 contract for building a vessel is not a mari- 
 time contract. (20 How. [U. S.] 393: 22 
 How. [U. S.] 129). 
 
 MARITIME COURT. A court of admiral- 
 ty jurisdiction. 
 
 MARITIME INTEREST. Marine interest 
 (q. V.) 
 
 MARITIME LAW. That system of law 
 which particularly relates to the affairs and 
 business of the sea, to ships, their crews and 
 navigation, and to the marine conveyance 
 of persons and property. See 21 Wall. (U. 
 S.) 558. 
 
 MARITIME LIEN. See "Lien." 
 
 MARITIME LOAN. A contract or agree- 
 ment by which one, who is the lender, lends 
 to another, who is the borrower, a certain 
 sum of money, upon condition that, if the 
 thing upon which the loan has been made 
 should be lost by any peril of the sea, or 
 vis major, the lender shall not be repaid un- 
 less what remains shall be equal to the sum 
 borrowed; and if the thing arrive in safety, 
 or in case it shall not have been injured 
 but by its own defects, or the fault of the 
 master or mariners, the borrower shall be 
 bound to return the sum borrowed, together 
 with a certain sum agreed upon as the price 
 of the hazard incurred. Emerig. Mar. Loans, 
 c. 1, § 2. See "Bottomry;" "Gross Adven- 
 ture;" "Marine Interest;" "Respondentia." 
 
 MARITIME PROFIT. A term used by 
 French writers to signify any profit derived 
 from a maritime loan. 
 
 MARITIME STATE. In English law. The 
 officers and enlisted men of the English 
 navy. 
 
 MARITIME TORT. One committed on the 
 high seas, or otherwise within admiralty 
 jurisdiction. 
 
 MARK. A sign, traced on paper or parch- 
 ment, which stands in the place of a sig- 
 nature; usually made by persons who cannot 
 write. It is most often the sign of the cross, 
 made in a little space left between the 
 Christian name and surname. 2 Bl. Comm. 
 305; 2 Curt. 324; Moody & M. 516; 12 Pet. 
 (U. S.) 150; 7 Bing. 457; 2 Ves. Sr. 455; 1 
 Ves. & B. 362; 1 Ves. Jr. 11. A mark is now 
 held to be a good signature, though the 
 party was able to write. 8 Adol. & E. 94; 
 3 Nev. & P. 228; 3 Curt. 752; 5 Johns. (N. 
 Y.) 144; 2 Bradf. Sur. (N. Y.) 385; 24 Pa. 
 St. 602; 29 Pa. St. 221; 19 Mo. 609; 21 Mo. 
 17; 18 Ga. S96; 16 R Mon. (Ky.) 102; 1 
 Jarm. Wills (Perkins Ed.) 69, 112, note; 
 1 Williams, Ex'rs, 63. See St. Pa. 1848. 
 
 MARKET (Lat. mens, merchandise; an- 
 ciently, mercat) . A public place and ap- 
 pointed time for buying and selling. A pub- 
 lic place appointed by public authority, 
 where all sorts of things necessary for the 
 subsistence or for the convenience of life 
 are sold. 14 N. Y. 356. All fairs are mar- 
 kets, but not vice versa. Bracton, lib. 2, c. 
 24; Co. Litt. 22; 2 Inst. 401; 4 Inst. 272. 
 Markets are generally regulated by local 
 laws. 
 
 The franchise by which a town holds a 
 market, which can only be by royal grant 
 or immemorial usage. 21 Barb. (N. Y.) 296, 
 2 Bl. Comm. 37. 
 
 By the term "market" is also understood 
 the demand there is for any particular ar- 
 ticle; as, the cotton market in Europe is 
 dull. See 15 Viner, Abr. 42; Comyn, Dig. 
 
 MARKET GELD. The toll of a market. 
 
 MARKET OVERT. An open or public 
 market; that is, a place appointed by law or 
 custom for the sale of goods and chattels 
 at stated times in public. "An open, public, 
 and legally constituted market." Jervis, C. 
 J., 9 J. Scott, 601. 
 
 The market place is the only market overt 
 out of London; but in London every shop is 
 a market overt. 5 Coke, 83; F. Moore, 300. 
 In London, every day except Sunday is mar- 
 ket day. In the country, particular days are 
 fixed for market days. 2 Bl. Comm. 449. 
 
 The term is of importance in English 
 law, because of the protection afforded pur- 
 chasers in good faith in market overt. 5 
 Coke, 83. 
 
 MARKET PRICE. See "Market Value." 
 
 MARKET TOWNS. Those towns which 
 are entitled to hold markets. 1 Steph. 
 Comm. (7th Ed.) 130. 
 
 MARKET VALUE. The price established 
 by public sales, or sales in the way of or- 
 dinary business, 99 Mass. 345; what the 
 property will sell for as between one who 
 wants to purchase and one who wants to 
 sell. 151 Wis. 224. 
 
 MARKET ZELD, or MARKET GELD. The 
 
 toll of a market. 
 
 MARKETABLE TITLE. A title not sub- 
 ject to such reasonable doubt as_ would 
 create a just apprehension of invalidity in 
 the mind of a reasonable, prudent and in- 
 telligent person; one that a person of rea- 
 sonable prudence and intelligence, guided by 
 competent legal advice, would be willing to 
 take and pay fair value for. 154 111. 607; 27 
 111. App. 280. 
 
 A title which is not only good, but as to 
 which there is no reasonable doubt as to 
 matter of either law or fact. Such a title 
 as dealers in real estate, banks, etc., would 
 be willing to invest in. 46 Hun (N. Y.) 
 638. 
 
MARKSMAN 
 
 645 
 
 MARSHALLING ASSETS 
 
 MARKSMAN. In practice and conveyanc- 
 ing. One who makes his mark; a person 
 who cannot write, and only makes his mark 
 in executing instruments. Archb. N. P. 13; 
 2 Chit. 92. 
 
 MARLBRIDGE, STATUTE OF, An im- 
 portant English statute (52 Hen. III. 
 [1267]) relating to the tenures of real 
 property, and to procedure. It derived its 
 name from the town in Wiltshire in which 
 parliament sat when it was enacted, now 
 known .as Marlborough. Compare 2 Reeve, 
 Hist. Eng. Law, 62; Crabb, Com. Law, 156; 
 Barr. Obs. St. 66. 
 
 MARQUE AND REPRISAL. See "Letter 
 of Marque and Reprisal." 
 
 MARQUIS. A nobleman next In rank to a 
 duke. 
 
 MARRIAGE. The word marriage is used 
 to signify either the act of entering into the 
 marital condition, or the condition itself. In 
 the latter and more frequent legal sense, it 
 is a civil status, existing in one man and 
 one woman, legally united for life for those 
 civil and social purposes, which are based 
 in the distinction of sex. Its source is the 
 law of nature whence it has flowed into 
 the municipal laws of every civilized coun- 
 try, and into the general law of nations. 
 And since it can exi^t only in pairs, and 
 since no persons are compelled, but all who 
 are capable are permitted to assume it, mar- 
 riage may be said to proceed from a civil 
 contract between one man and one woman 
 of the needful physical and civil capacity. 
 30 Georgia 176. 
 
 As applied to the act of becoming mar- 
 ried, marriage is the acts, whether of pri- 
 vate contract or ofiicial or religious cere- 
 monial, by which a man and a woman law- 
 fully enter into the married state. 
 
 As distinguished from the agreement to 
 marry, and the act of becoming married, is 
 the civil status of one man and one woman 
 united in law for the discharge to each other 
 and the community of the duties legally in- 
 cumbent on husband and wife. See Bish. 
 Mar. & Div. § 3. 
 
 Marriage is generally referred to as a 
 contract, but, under modem doctrine, its 
 contractual nature is confined to the forma- 
 tion of the relation, such formation being 
 wholly a matter of contract. But, when 
 formed, marriage is not a contract, but a 
 status. 30 Ga. 176; 3 Heisk. (Tenn.) 307; 
 53 Mo. 578; 9 Ind. 37. 
 
 MARRIAGE ARTICLES. Articles of 
 agreement between parties contemplating 
 marria'ge, in accordance with which the mar- 
 riage settlement is afterwards to be drawn 
 up. They are to be binding in case of mar- 
 riage. They must be in writing, by statute 
 of frauds. Burton, Real Prop. 484; Crabb, 
 Real Prop. § 1809; 4 Cruise, Dig. 274, 323. 
 See 2 Washb. Real Prop. Append. 
 
 MARRIAGE BROKERAGE. The act by 
 which a person interferes, for a considera- 
 tion to be received by him, between a nian 
 and a woman, for the purpose of promoting 
 a marriage between them. 88 111. App. 509. 
 The money paid for such service is also 
 known by this name. 
 
 It is a doctrine of the courts of equity 
 that all marriage brokage" contracts are ut- 
 terly void, as against public policy, and are 
 therefore, incapable of confirmation. 1 
 Fonbl. Eq, bk. 1, c. 4, § 10, note (s) ; 2 
 Story, Eq. Jur. § 263; Newland, Cont. 469. 
 But where a party is established in busi- 
 ness as a marriage broker, one dealing with 
 him is not in pari delicto, and can recover 
 back money deposited on a contract. 124 
 N. Y. 156. 
 
 MARRIAGE LICENSE. A license required 
 in some states to be obtained from a public 
 officer by persons intending to marry. 
 
 MARRIAGE PORTION. That property 
 which is given to a woman on her mar- 
 riage. See "Dowry." 
 
 MARRIAGE, PROMISE OF. A promise of 
 marriage is a contract entered into between 
 a man and woman that they will marry each 
 other. 
 
 MARRIAGE SETTLEMENT. An agree- 
 ment made by the parties in contemplation 
 of marriage, by which the title to certain 
 property is changed, and the property to 
 some extent becomes inalienable. 1 Rice, 
 Eq. (S. C.) 315. See 2 Hill Ch. (S. C.) 3; 
 8 Leigh (Va.) 29; 1 Dev. & B. Eq. (N. C.) 
 389; 2 Dev. & B. Eq. (S. C.) 103; 1 Baldw. 
 (U. S.) 344; 15 Mass. 106; 1 Yeates (Pa.) 
 221; 7 Pet. (U. S.) 348; 4 Bouv. Inst, note 
 3947. See 2 Washb. Real Prop. Append. 
 
 MARSH. Marsh Is equivalent to meadow. 
 It does not appear to have been used in the 
 earlier records or in grants. 155 N. Y. 303. 
 
 MARSHAL. An officer of the United 
 States, whose duty it is to execute the pro- 
 cess of the courts of the United States. His 
 duties within the district for which he is ap- 
 pointed are very similar to those of a sher- 
 iff. See U. S. St. at Large, Index; Ser- 
 geant, Const. Law, c. 25; 2 Dall. (U. S.) 
 402; Burr's Trial, 365; 1 Mason (U. S.) 
 100; 2 Gall (U. S.) 101; 4 Cranch (U. S.) 
 96; 7 Cranch (U. S.) 276; 9 Cranch (U. S.) 
 86, 212; 6 Wheat. (U. S.) 194; 9 Wheat. 
 (U. S.) 645. 
 
 MARSHALLING. Arranging; putting in 
 proper order; e. g., "the law will marshal 
 words, ut res magis valeat." Hill, B., Hardr. 
 92. So to marshal assets. See "Assets." 
 So to marshal coat armor. This now be- 
 longs to heralds. Wharton. 
 
 MARSHALLING ASSETS. Such an ar- 
 ment of creditors into classes with respect 
 all parties having equities therein to receive 
 their due proportions, notwithstanding the 
 
MARSHALLING SECURITIES 
 
 646 
 
 MASTER AT COMMON LAW 
 
 intervening interests of particular persons 
 to prior satisfaction out of a part of the 
 funds. 1 Story, Eq. 558. The doctrine does 
 not apply unless there are two funds in ex- 
 istence to which claim is made by several 
 having diverse rights. L. R. 3 Eq. 668. But 
 it is immaterial what is the nature of the 
 property which constitutes the fund. 
 
 MARSHALLING SECURITIES. An ar- 
 rangement of creditors into classes with 
 respect to their satisfaction out of the 
 assets of the common debtor in such man- 
 ner as to compel the creditor having a right 
 of resort to two or more different funds to 
 satisfy his claim first from the fund to 
 which no other creditor has a right to re- 
 sort. 1 Story, Eq. 633. 
 
 MARSHALSEA. In English law. A pris- 
 on belonging to the king's bench. It has 
 now been consolidated with others, under 
 the name of the queen's prison, 
 
 MARSHALSEA, COURT OF. A court 
 originally held before the steward and mar- 
 shal of the royal household. 
 
 It was instituted to administer justice be- 
 tween the servants of the king's household, 
 that they might not be drawn into other 
 courts, and their services lost. It was an- 
 ciently ambulatory; but Charles I. erected a 
 court of record, by the name of curia palatii, 
 to be held before the steward of the house- 
 hold, etc., to hold pleas of all personal ac- 
 tions which should arise within twelve miles 
 of the royal palace at Whitehall, not in- 
 cluding the city of London. This court was 
 held weekly, to determine causes involving 
 less than twenty pounds, together -with the 
 ancient court of Marshalsea, in the borough 
 of Southwark. A writ of error lay thence 
 to the king's bench. Both courts were abol- 
 ished by St. 12 & 13 Vict. c. 101, § 13. See 
 Jacob; Wishaw. 
 
 MARTE SUO DECURRERE (Lat. to run 
 by its own force). A term applied in the 
 civil law to a suit when it ran its course to 
 the end, without any impediment. Calv. 
 Lex.; Brissonius. 
 
 MARTIAL LAW. That military rule and 
 authority which exists in time of war, and 
 is conferred by the laws of war, in relation 
 to persons and things under and within the 
 scope of active military operations, in carry- 
 ing on the war, and which extinguishes or 
 suspends civil rights and the remedies 
 founded upon them, for the time being, so 
 far as it may appear to be necessary in or- 
 der to the full accomplishment of the pur- 
 poses of the war. Prof. Joel Parker, in N. 
 A. Rev., Oct., 1861. 
 
 It depends on the just but arbitrary power 
 and pleasure of the king, who may not make 
 laws without the consent of parliament, yet 
 in time of war, by reason of the necessity 
 of it, to guard against dangers that often 
 arise, he uses absolute power; so that. hiS' 
 word is law. 21 Ind. 377. ' 
 
 The phrases, "martial law" and "military 
 law," are sometimes carelessly used as mean- 
 ing the same thing, but there is a broad 
 distinction between them. 
 
 Acting under constitutional authority, 
 congress has passed divers acts prescribing 
 the rules and articles of war, which con- 
 stitute the military law, but apply only to 
 persons in the military or naval service of 
 the government. 
 
 Martial law, when once established, ap- 
 plies alike to citizens and soldiers. In a 
 proper sense it is not law, but merely the 
 will of the military commander, who is 
 responsible to his government or superior 
 officer. Hale's Hist. C. L. 54. 
 
 War being simply an appeal to force, 
 necessarily suspends and displaces the ordi- 
 nary laws, and martial law prevails as an 
 inavoidable necessity to restrain disloyal 
 acts and preserve the authority of the gov- 
 ernment. This is true not only in the ac- 
 tual field of military operations, but also in 
 remote districts where the inhabitants may 
 be so far in sympathy with the public 
 enemy as to obstruct the administration of 
 the laws by the civil tribunals and render 
 resort to military power necessary. 
 
 But -Wfhere the civil courts, in the midst of 
 loyal communities, are exercising their or- 
 dinary jurisdiction, the appeal to the mili- 
 tary arm or to martial law is needless. 44 
 111. 159, 
 
 MASCULINE. Belonging to, or descrip- 
 tive of the male sex. 
 
 The masculine frequently includes the 
 feminine; as "man" includes "woman." The 
 masculine sex always includes the feminine. 
 Dig. 32. 62. 
 
 MASSA. In the civil law. A mass; raw 
 material. 
 
 MASSACHUSETTS TRUST. A trust cre- 
 ated for the operation and conduct of a 
 business enterprise; also known as common 
 law companies, and business trusts. 
 
 MAST. To fatten with mast (acorns, etc.) 
 1 Leon. 186, 
 
 MAST SELLING. In old English law. The 
 practice of selling the goods of dead seamen 
 at the mast. Held void, 7 Mod. 141. 
 
 MASTER. One who has control over an 
 apprentice. 
 
 A master stands in relation to his appren- 
 tices in loco parentis, and is bound to fulfill 
 that relation, which the law generally en- 
 forces. He is also entitled to be obeyed By 
 his apprentices as if they were his children, 
 Bouv. Inst. Index. See "Apprenticeship." - 
 
 One who is employed in teaching children; 
 known, generally, as a "schoolmaster." 
 
 One who has in his employment one or 
 more persons hired by contract to serve him, 
 eitjier as domestic or common laborers. 
 
 MASTER AT COMMON LAW. In English 
 law. An officer of the superior courts of 
 
MASTER IN CHANCERY 
 
 647 
 
 MATERNA MATERNIS 
 
 common law (each court having five) , whose 
 principal duties, when attending court, con- 
 sists in taking affidavits sworn in court, in 
 administering oaths to attorneys on their 
 admission, and in certifying to the court, in 
 cases of doubt or difficulty, what the prac- 
 tice of the court is. Their principal duties 
 out of court consist in taxing attorneys' 
 costs, in computing principal and interest on 
 bills of exchange, promissory notes, and 
 other documents, under rules to compute, 
 in examining witnesses who are going 
 abroad for the purpose of obtaining their 
 testimony, in hearing and determining rules 
 referred to them by the court in the place 
 of the court itself, and in reporting to the 
 court their conclusions with reference to 
 the rules so referred to them. Holthouse. 
 
 MASTER IN CHANCERY (anciently 
 master of the chancery) (Law Lat. magis- 
 ter eancellariae) . In equity practice. An 
 important officer of courts of equity, who 
 acts as assistant to the chancellor or judge, 
 and whose principal duty consists in inquir- 
 ing into various matters referred to him for 
 the purpose, and reporting thereon to the 
 court. Wharton; Holthouse. 180 111. App. 
 538; 169 111. 495. In England, there are 
 twelve of these masters, of whom the mas- 
 ter of the rolls is the chief. 
 
 These officers were originally the chief 
 clerks of the chancery (clerici de prima for- 
 ma), 180 111. App. 538; 169 111. 495; who 
 acted as the assessors or council of the lord 
 chancellor {collaterales et socii cancellarii). 
 2 Reeve, Hist. Eng. Law, 251. According 
 to Mr. Spence, they obtained the title of 
 "masters" in the reign of Edward III. 1 
 Spence, Ch. 360. But they appear to have 
 had the title of praeceptores at a much 
 earlier period. 2 Reeve, Hist. Eng. Law, ubi 
 supra; Crabb, Hist. Eng. Law, 1§4. 
 
 MASTER OF A SHIP. In maritime law. 
 The commander or first officer of a mer- 
 chant ship; a captain. 
 
 MASTER OF THE CROWN OFFICE. In 
 
 English law. The queen's coroner and at- 
 torney in the criminal department of the 
 court of queen's bench, who prosecutes at 
 the relation of some private person, or com- 
 mon informer, the crown being the nominal 
 prosecutor. Wharton. 
 
 MASTER OF THE ROLLS. (Law Lat. 
 magister rotulorum). In English law. An 
 assistant judge of the court of chancery, 
 who holds a separate court ranking next to 
 that of the lord chancellor, and has the 
 keeping of the rolls and grants which pass 
 the great seal, and the records of the chan- 
 cery. He was originally appointed only for 
 the superintendence of the writs and rec- 
 ords appertaining to the common-law de- 
 partment of the court, and is still properly 
 the chief of the masters in chancery. 3 
 Steph. Comm. 417; Wharton, 
 
 MASURA, (L. Lat.) In old English law. 
 A house and ground; a piece of ground 
 belonging to a house; a house in a city. 
 Spelman. 
 
 An old decayed house or wall; the ruins 
 of a building. Cowell. 
 
 MATE. In maritime law. The officer next 
 in rank to the master on board a merchant 
 ship or vessel. 
 
 In such vessels there is always one mate, 
 and sometimes a second, third, and fourth 
 mate, according to the vessel's size, ahd the 
 trade in which she may be engaged. When 
 the word "mate" is used without qualifica- 
 tion, it always denotes the first mate; and 
 the others are designated as above. On 
 large ships the mate is frequently styled 
 "first officer," and the second and third 
 mates, "second" and "third" officers. Par- 
 lish, Sea Off. Man. 83-140. 
 
 MATER-FAMILIAS. In civil law. The 
 mother of a family; the mistress of a fam- 
 ily- 
 
 A chaste woman, married or single. Calv. 
 Lex, 
 
 MATERIA (Lat.) 
 
 In the Civil Law. Materials; as dis- 
 tinguished from species, or the form given 
 by labor and skill. Dig. 41. 1. 7. 7-12; Pleta, 
 lib. 3, c. 2, § 14. 
 
 Materials (wood) for building, as distin- 
 guished from "lignum." Dig. 32. 55. pr. 
 
 In English Law. Matter; substance; 
 
 subject matter. 3 Bl. Comm. 322, 
 
 MATERIAL. 
 
 (1) That which enters into the erection 
 or repair of any structure. It does not in- 
 clude tools or facilities used. 71 Pa. St. 293, 
 
 (2) That which is essential or important, 
 
 MATERIAL FACT. Material facts are 
 those which relate to the merits of the 
 cause of action or defense — facts which are 
 within the issues to be tried and which may 
 be made available on the trial as complet- 
 ing the cause of action or defense. 54 111, 
 App. 353. 
 
 MATERIALITY. The property of substan- 
 tial importance or influence, especially as 
 distinguished from formal requirement. Ca- 
 pability of properly influencing the result 
 of the trial. 
 
 MATERIALMEN. Persons who furnish 
 materials to be used in the erection of 
 buildings, ships, etc. 
 
 By the general American law, material- 
 men have a lien on a foreign ship (9 
 Wheat. [U. S.] 409), but not on a domestic 
 ship (20 How. [U. S.] 393). By statute, 
 materialmen have a lien on a building. See 
 "Mechanic's Lien." 
 
 MATERNA MATERNIS (Lat. from the 
 mother to the mother's). In French law. 
 A term denoting the descent of property 
 of a deceased person derived from his moth- 
 er to the relations on the mother's side. 
 
MATERNAL 
 
 648 
 
 MATTER OP AVOIDANCE 
 
 MATERNAL. That which belongs to, or 
 comes from, the mother; as, maternal au- 
 thority, maternal relation, maternal estate, 
 maternal line. See "Line." 
 
 MATERNAL ANCESTOR. The words ma- 
 ternal ancestor are manifestly limited to 
 progenitors, or ancestors in the direct as- 
 cending line, according to their common 
 meaning and the only sense in which the 
 word "ancestor" is used throughout the 
 statute of descents, the rules of which 
 statute are declared to be those of the stat- 
 ute of distributions also. 108 Mass. 42. 
 
 MATERNAL PROPERTY. That which 
 comes from the mother of the party, and 
 other ascendants of the maternal stock. 
 Domat, Liv. Prel. tit. 3, § 2, note 12. 
 
 MATERNITY. The state or condition of a 
 mother. 
 
 It is either legitimate or natural. The 
 former is the condition of the mother who 
 has given birth to legitimate children; 
 while the latter is the condition of her who 
 has given birth to illegitimate children. Ma- 
 ternity is always certain; while the pa- 
 ternity is only presumed. 
 
 MATHEMATICAL EVIDENCE. That evi- 
 dence which is established by a demonstra- 
 tion. It is used in contradistinction to 
 "moral evidence." 
 
 MAT I MA. A godmother. 
 
 ' MATRICIDE. The murder of a mother; 
 or one who has slain his mother. 
 
 MATRICULA. In civil law. A register in 
 which are inscribed the names of persons 
 who become members of an association or 
 society. Dig. 50. 3. 1. In the ancient church 
 there were matricula clericorum, which was 
 a catalogue of the officiating clergy, and 
 matricula pauperum, a list of the poor to 
 be relieved ; hence, to be entered in the uni- 
 versity is to be matriculated. 
 
 MATRIMONIA DEBENT ESSE LIBERA. 
 
 Marriages ought to be free. Halk. Max. 86; 
 2 Kent, Comm. 102. 
 
 MATRIMONIAL CAUSES. In the English 
 ecclesiastical courts there are five kinds of 
 causes which are classed under this head, 
 viz.: Causes for a malicious jactitation; 
 suits for nullity of marriage, on account of 
 fraud, incest, or other bar to the marriage 
 (2 Hagg. Consist. 423) ; suits for restitution 
 of conjugal rights; suits for divorces on ac- 
 count of cruelty or adultery, or causes 
 which have arisen since the marriage; suits 
 for alimony. 
 
 MATRIMONIUM. In civil law. A legal 
 marriage. A marriage celebrated in con- 
 formity with the rules of the civil law was 
 called justum matrimonium; the husband 
 vir, the wife uxor. It was exclusively con- 
 fined to Roman citizens, and to those to 
 whom the connubium had been conceded. 
 
 It alone produced the paternal power over 
 the children, and the marital power — 
 manus — over the wife. The farreum, the 
 coemptio, or the usus was indispensable for 
 the formation of this marriage. See "Pater- 
 Familias." 
 
 MATRIMONIUM SUBSEQUENS TOLLIT 
 peccatum praecedens. A subsequent mar- 
 riage cures preceding criminality. 
 
 MATRIMONY. The nuptial state. 
 
 MATRIX. In civil law. The protocol or 
 first draft of a legal instrument, from which 
 all copies must be taken. See 16 S. W. 53. 
 
 MATRON. A woman who is a mother. 
 See "Jury Women." 
 
 MATTER EN LEY NE SERRA MISE EN 
 bouche del jurors. Matter of laws shall not 
 be put into the mouth of jurors. Jenk. 
 Cent. Cas. 180. 
 
 MATTER IN CONTROVERSY. The sub- 
 ject of litigation; the amount demanded 
 and for which the suit is brought and upon 
 which issue is joined, and in relation to 
 which jurors are called and witnesses ex- 
 amined. 1 Wallace (U. S.) 339; 1 Serg. & 
 R. (Pa.) 269, 
 
 MATTER IN DEED. Such matter as may 
 be proved or established by a deed or spe- 
 cialty. Matter of fact, in contradistinction 
 to matter of law. Co. Litt. 320; Steph. PI. 
 197. 
 
 MATTER IN DISPUTE. See Matter In 
 Controversy. 
 
 MATTER IN ISSUE. That matter upon 
 which the plaintiff bases his action and 
 which the defendant denies or controverts 
 by his pleadings. 132 111. 339; 165 Mich. 
 380: See Issue; Matter in Controversy. 
 
 MATTER IN PAIS (literally, matter in 
 the country). Matter of fact, as distin- 
 guished from matter of law or matter of 
 record. See "In Pais." 
 
 MATTER OF AGGRAVATION. Matter of 
 aggravation, correctly understood, does not 
 consist in acts of the same kind and de- 
 scription as those constituting the gist of 
 the action, but in something done by the de- 
 fendant, on the occasion of committing the 
 trespass, which is, to some extent, of a dif- 
 ferent legal character from the principal 
 act complained of. As where the plaintiff 
 declares in trespass for breaking and en- 
 tering his dwdling-house, and alleges, in 
 addition, that the defendant also destroyed 
 his goods in the house, assaulted and beat 
 his domestics, or debauched his daughter, 
 or servant. 19 Vt. 107. See Gist. 
 
 MATTER OF AVOIDANCE. Matter of 
 avoidance in pleading is new matter which 
 admits the declaration to be true, . but 
 shows nevertheless, either that the defend- 
 
MATTER OF COURSE 
 
 649 
 
 MAY 
 
 ant was never liable to the recovery claimed 
 against him or that he has been discharged 
 from his original liability, by something 
 supervenient. 31 Conn. 177. ,See Confes- 
 sion and Avoidance; Pleas; Special Plea in 
 Bar. 
 
 MATTER OF COURSE. See "Of Course." 
 
 MATTER OF FACT. In pleading. Matter 
 the existence or truth of which is deter- 
 mined by the senses, or by reasoning based 
 upon their evidence. The decision of such 
 matters is referred to the jury. Hob. 127; 
 1 Greenl. Ev. § 49. 
 
 MATTER OF FORM. See "Form." 
 
 MATTER OF LAW. Matter of truth or 
 falsity of which is determined by the estab- 
 lished rules of law or reasoning based on 
 them. 70 N. C. 167. 
 
 MATTER OF RECORD. Those facts 
 which may be proved by the production 
 of a record. It differs from matter in deed, 
 which consists of facts which may be proved 
 by specialty. See "Record." 
 
 MATTER OF SUBSTANCE. See 
 
 stance." 
 
 "Sub- 
 
 MATTERS OF SUBSISTENCE FOR 
 
 man. Comprehends all articles or things, 
 whether animal or vegetable, living or dead, 
 which are used for food, and whether they 
 are consumed in the form in which they are 
 bought from the producer, or are only con- 
 sumed after undergoing a process of prep- 
 aration, which is greater or less, according 
 to the character of the article. 19 Grat. 
 (Va.) 813. 
 
 MATURIORA SUNT VOTA MULIERUM/ 
 quam virorum. The wishes of women are of 
 quicker growth than those of men; i. e., 
 women arrive at maturity earlier than men. 
 6 Coke, 71a; Bracton, 86b. 
 
 MATURITY. The time when a bill or note 
 becomes due. 
 
 MAUNDER. (L. Fr.) In old English law. 
 To command; to return (a writ). Stat. 
 Westm. 1, c. 45. 
 
 MAXIM. An established principle or 
 proposition; a principle of law universally 
 admitted, as being just and consonant with 
 reason. The wisdom of many, but the wit 
 of one. 
 
 Maxims in law are somewhat like axioms 
 in geometry. 1 Bl. Comm. 68. They are 
 principles and authorities, and part of the 
 general customs or common law of the land, 
 and are of the same strength as acts of 
 parliament, when the judges have deter- 
 mined what is a maxim; which belongs to 
 the judges and not the jury. Termes de la 
 Ley; Doctor & Stud. Dial. 1, c. 8. Maxims 
 of the law are holden for law, and all other 
 cases that may be applied to them shall be 
 
 taken for granted. Co. Litt. 11, 67. See 
 Plowd. 27b. 
 
 The application of the maxim to the case 
 before the court is generally the only dif- 
 ficulty. The true method of making the ap- 
 plication is to ascertain hpw the maxim 
 arose, and to consider whether the case to 
 which it is applied is of the same character, 
 or whether it is an exception to an appar- 
 ently general rule. 
 
 ♦The most important of the maxims of 
 law will be found alphabetically arranged 
 through this book. 
 
 MAXIME ITA DICTA QUIA MAXIMA 
 est ejus dignitas et certlssima auctoritas, 
 atque quod maxime omnibus probetur. A 
 maxim is so called because its dignity is 
 chiefest, and its authority the most cer- 
 tain, and because universally approved by 
 all. Co. Litt. 11. 
 
 MAXIME PACI SUNT CONTRARIA, VIS 
 et Injuria. The greatest enemies to peace 
 are force and wrong. Co. Litt. 161. 
 
 MAXIMUS ERRORIS POPULUS MAGIS- 
 ter. The people is the greatest master of 
 error. 
 
 MAY. See also "Shall." 
 
 Construction in General. That "may" 
 
 always means "must" is a misconception, 
 44 Ch. D. 270. It is ordinarily permissive, 
 52 N. Y. 96; 107 Mass. 196. It gives a 
 power as to the exercise of which there is 
 discretion. 44 Ch. D. 270. An enabling and 
 discretionary power. 174 Mass. 245; is per- 
 mitted to; has liberty to. 
 
 In the absence of any controlling consid- 
 eration the word is not considered as man- 
 datory, 122 Iowa 669, but when the power 
 is given in the interest of public justice; 
 or whenever the object of the power is to 
 effectuate the public interests, or a private, 
 or legal right; where the public or third 
 persons have a claim, de jure, that the 
 power shall be exercised, 77 111. 273; 56 N. 
 J. L. 300; 68 N. Y. 119; 21 Wis. 371; 49 
 L. J. Q. B. 577; 2 Q. B. 274; or to carry 
 out the intention of a contract, the word 
 will be construed as compulsory. 84 111. 471 ; 
 44 Conn. 534. 
 
 Where a power is deposited with a public 
 officer for the purpose of being used for 
 the benefit of persons who are specifically 
 pointed out, or with regard to whom the 
 legislature has supplied the conditions upon 
 which they are entitled to call for the ex- 
 ercise of the power, the courts will require 
 it to be exercised. 49 L. J. Q. B. 577, 585. 
 
 When the point in controversy is not 
 covered by authority, those who contend 
 that an obligation for exercise of the power 
 exists must show something which creates 
 such obligation. 49 L. J. Q. B. 577. 
 
 The word "may" may be interchangeably 
 used with "shall" or "will." State v. Starr, 
 24 N. M. 180. 173 Pac. 674. 
 
 While colloquially the words "may" and 
 "will" are used interchangeably and are 
 
MAYHEM 
 
 650 
 
 MEASON DUE 
 
 commonly so miderstood, in grammatical 
 construction they perform entirely different 
 distinct offices, and therefore convey essen- 
 tially different meanings, the one importing 
 a mere possibility or vague or indefinite 
 speculation as to the existence of some fact 
 or thing, the other the unqualified or uncon- 
 ditional existence of some fact or thing; or, 
 in other words, the one meaning an exist- 
 ence in possibility, and the other an ex- 
 istence in actuality. Scally v. W. T. Gar- 
 ratt & Co., H Cal. App. 138. 
 
 Construction of Statutes. The word 
 
 "may" in a statute is sometimes mandatory, 
 but not necessarily so, 86 Iowa 352. It is 
 to be construed as "must" where the evi- 
 dent purpose of the statute, the object of 
 the provision and the context so require. 
 136 Iowa 445; 51 L. J. M. C. 27, 132; 8 
 Q. D. B. 306; 9 Q. D. B. 238, and in all 
 cases where the statute imposes a positive 
 and absolute duty, devoid of any discre- 
 tion; 1 Peters 46, 64; 3 Hill (N. Y.) 612, 
 615; or where public justice, 2 Salk. 609; 
 204 111. 462, public interests, or rights of 
 persons depend on the exercise of the pow- 
 er, or the performance of the duty to which 
 it refers. 130 111. 490; 270 111. 145; 2 Pet. 
 (U. S.) 64; 12 Ala. 693; 1 Vern. 153; 1 
 Kent's Com. 467, note. In such statutes 
 "may" or "shall" may be read interchange- 
 ably, as will best express th-e legislative 
 intention. 77 III. 273; 181 111. App. 290; 
 219 111. 174. 
 
 May should not be construed as majida- 
 tory when inconsistent with the manifest 
 intention of the legislature, or repugnant 
 to the text of the statute, and only when 
 necessary to give effect to the clear policy 
 and intention of the enacting body. 123 
 Iowa 660. Where persons or the public 
 have an interest in having the act done by 
 a public body, "may" in such a statute 
 means "must." 52 N. Y. 27. 
 
 The word "will" as used in an act pro- 
 viding that "any citizen of the state may, 
 within ten days, by written notice to the 
 secretary of state and to the party or 
 parties who file such petition, protest 
 against the same, at which time he will 
 hear testimony and arguments for and 
 against the sufficiency of such petition," 
 means "shall" and is mandatory, and, be- 
 ing addressed to a public official, excludes 
 the idea of discretion. Eussell v. Harrison, 
 33 Okla. 225. 
 
 MAYHEM. In criminal law. The act of 
 unlawfully and violently depriving another 
 of the use of such of his members as may 
 render him less able, in fighting, either to 
 defend himself or annoy his adversary. 8 
 Car. & P. 167; 4 Bl. Comm. 205. The cut- 
 ting or disabling, or weakening, a man's 
 hand or finger, or striking out his eye or 
 fore tooth, or depriving him of those parts 
 the loss of vjhich abates his courage, are 
 held to be mayhems. But cutting off the 
 ear or nose, or the like, are not held to be 
 
 mayhems at common law. 4 Bl. Comm. 
 205. The offense has been extended by 
 statute to these and other injuries. See 87 
 N. C. 509; 70 Iowa, 505. 
 
 MAVHEMAVIT. Maimed. This Is a term 
 of art which cannot be supplied in plead- 
 ings by any other word, as mMtilavit, 
 truncavit, etc. 3 Thomas, Co. Litt. 548; 7 
 Mass. 247. 
 
 MAYNOVER (from Fr. mayn, hand). 
 Anything produced by manual labor. 
 
 MAYOR. (Lat. major; meyr, miret, or 
 maer, one that keeps guard; old English, 
 maier, potestas, power or authority, 25 
 Wend. [N. Y.] 50.) The chief governor or 
 executive magistrate of a city. The old 
 word was "portgreve." The word "mayor" 
 first occurs in 1189, when Richard I. sub- 
 stituted a mayor for the two bailiffs of Lon- 
 don. The word is common in Bracton. 
 Bracton, 57. In London, York, and Dublin, 
 he is called "lord mayor." Wharton. 
 
 MAYORALTY. The oface or dignity of a 
 mayor. 
 
 MAYORAZGO. In Spanish law. A species 
 of entail known to Spanish law. 1 White, 
 New Recop. 119. 
 
 The right to the enjoyment of certain 
 aggregate property, left with the condition 
 therein imposed, that they are to pass in 
 their integrity perpetually, successively to 
 the eldest son. Schmidt's Civ. Law, 62. 
 
 MAYOR'S COURT. The name of a court 
 usually established in cities, composed of a 
 mayor, recorder, and aldermen, generally 
 having jurisdiction of offenses committed 
 within the city, and of other matters spe- 
 cially given them by the statute. 
 
 MEAL RENT. A rent formerly paid in 
 meal. 
 
 MEAN. See "Mesne." 
 
 MEANDER. To wind, as a river or 
 stream. Webster. 
 
 The winding or bend of a stream. 
 
 To survey a stream according to its mean- 
 ders or windings. Rev. St. Wis. c. 34, § 1; 
 2 Wis. 317. 
 
 MEANDER LINE. A line designed to 
 point out the sinuosities of the bank or 
 shore, and a means of ascertaining the 
 quantity of land in the fraction which is to 
 be paid for by the purchaser. 241 111. 319. 
 
 MEASE, or MESE (Norman French). A 
 house. Litt. §§ 74, 251. 
 
 MEASON DUE. A corruption of Maison 
 de Dieu. 
 
MEASURE 
 
 651 
 
 MEDIUS 
 
 MEASURE. A means or standard for com- 
 puting amount; a certain quantity of some- 
 thing, taken for a unit, and which express- 
 es a relation with other quantities of the 
 same thing. 
 
 MEASURE OF DAMAGES. In practice. 
 The rules by which the damage sustained is 
 to be estimated or measured; the quantum 
 of damage allowed by law. 
 
 MECHANIC'S LIEN. A statutory lien in 
 favor of persons who have performed labor 
 or furnished material for the erection or re- 
 pair of any building, upon the building and 
 the land on which it is situated. 
 
 MEDFEE. In old English law. A bribe or 
 reward; a compensation given in exchange 
 where the things exchanged were not of 
 equal value. Cowell. 
 
 MEDIA ANNATA. In Spanish law. Half- 
 yearly profits of land. 5 Tex. 34, 79. 
 
 MEDIA NOX. Midnight. 
 
 MEDIAE ET INFIRMAE MANUS HOMI- 
 nes. Men of a middle and base condition. 
 Blount. 
 
 MEDIATE DESCENT. See Immediate 
 Descent. 
 
 MEDIATE POWERS. Those incident to 
 primary powers, given by a principal to his 
 agent. For example, the general authority 
 given to collect, receive, and pay debts due 
 by or to the principal is a primary power. 
 In order to accomplish this, it is frequently 
 required to settle accounts, adjust disputed 
 claims, resist those which are unjust, and 
 answer and defend suits. These subordinate 
 powers are sometimes called "mediate pow- 
 ers." Story, Ag. § 58. See 1 Campb. 43, 
 note; 4 Campb. 163; 6 Serg. & R. (Pa.) 149. 
 
 MEDIATE TESTIMONY. Secondary evi- 
 dence (g. v.). 
 
 MEDIATION. The act of some mutual 
 friend of two contending parties, who 
 brings them to agree, compromise, or settle 
 their disputes. Vattel, Dr. des Gens, liv. 2, 
 c. 18, § 328. 
 
 MEDIATOR. One who interposes between 
 two contending parties, with their consent, 
 for the purpose of assisting them in settling 
 their differences. Sometimes this term is 
 applied to an officer who is appointed by a 
 sovereign nation to promote the settlement 
 of disputes between two other nations. See 
 "Minister." 
 
 MEDIATORS OF QUESTIONS. In Eng- 
 lish law. Six persons authorized by statute 
 (27 Edw. III. St. 2, c. 24), who, upon any 
 question arising among merchants relating 
 to unmerchantable wool, or undue packing, 
 etc., might, before the mayor and officers of 
 the staple, upon their oath certify and set- 
 tle the same; to whose determination there- 
 
 in the parties concerned were to submit 
 Cowell. 
 
 MEDICAL EVIDENCE. Testimony given 
 by physicians or surgeons in their profes- 
 sional capacity as experts, or derived frohi 
 the statements of writers of medical or sur- 
 gical works. 
 
 This kind of evidence was first recog- 
 nized by Charles V. of Germany, and incor- 
 porated in the "Caroline Code," framed at 
 Ratisbon in 1532, wherein it was ordained 
 that the opinion of medical men — at first 
 surgeons only — should be received in cases 
 of death by violent or unnatural means, 
 when sjuspicion existed of a criminal agency. 
 The publication of this code encouraged the 
 members of the medical profession to re- 
 newed activity, tending greatly to advance 
 their sciences and the cause of justice gen- 
 erally. Many books soon appeared on the 
 subject of medical jurisprudence, and the 
 importance of mediqal evidence was more 
 fully understood. Elwell, Malprac. 285. 
 
 MEDICINE. The art of understanding dis- 
 eases and curing or relieving them when 
 possible. It is that branch of physic which 
 relates to the healing of diseases. It is not 
 restricted to any particular methods or 
 remedies. 71 111. App. 239. 
 
 The term "medicine" is not limited to 
 substances supposed to possess curative or 
 remedial properties, but has also the mean- 
 ing of the healing art, — the science of pre- 
 serving health and treating disease for the 
 purpose of cure, — whether such treatment 
 involves the use of medical substances or 
 not. 278 111. 257. 
 
 MEDICINE CHEST. A box containing an 
 assortment of medicines. 
 
 Statutory provisions in the United States 
 require all vessels above a certain size to 
 keep a medicine chest. 1 Story, U. S. Laws, 
 106; 2 Story, U. S. Laws, 971. 
 
 MEDIETAS LINGUAE. In old practice. 
 Moiety of tongue; half -tongue. Applied to 
 a jury, impaneled in a cause, consisting the 
 one-half of natives, and the other half of 
 foreigners. 
 
 MEDIO ACQUIETANDO. A judicial writ 
 to distrain a lord for the acquitting of a 
 mesne lord from a rent, which he had ac- 
 knowledged in court not to belong to him. 
 Reg. Jur. 129. 
 
 MEDITATIO FUGAE. In Scotch law. 
 Contemplation of flight; intention to ab- 
 scond. 2 Karnes, Eq. 14, 15. 
 
 MEDIUM TEMPUS. In old English law. 
 Meantime; mesne profits. Cowell. 
 
 MEDIUS. (Lat.) In old English law; 
 mean, intermediate; between two; a mesne; 
 an intermediate lord; a tenant having a 
 mesne between himself and the chief lord. 
 Stat. Westm. 2, c. 6. 
 
 In old continental law. A man of middle 
 condition. L. Alam. tit. 67. 
 
MEDLETUM 
 
 652 
 
 MEMBERS 
 
 MEDLETUM. In old English law. A mix- 
 ing together; a medley or melee; an aflfray 
 or sudden encounter; an offense suddenly 
 committed in an affray. The English word 
 "medley" is preserved in the term "chance 
 medley." An intermeddling, without vio- 
 lence, in any matter of business. Spelman. 
 
 MEDLEY. An affray; a sudden or casual 
 fighting; a hand to hand battle; a melee. 
 See "Chance Medley;" "Chaud Medley. 
 
 MEDSCEAT, In old English law. A bribe; 
 hush money. 
 
 MEETING. The word meeting implies a 
 concurrence, or coming face to face of at 
 least two persons. 46 L. J. Q. B. 104; W. N. 
 (77) 223; 2 Q. B. D. 26; 25 W. R. 66; 36 
 L. T. 188. There is speaking generally, 
 no meeting of shareholders or other bodies 
 if only one attends; though no doubt in a 
 particular statute the word might be used 
 in a special sense, so that the attendance 
 of one might satisfy. 46 L. J. Q. B. 104. 
 
 MEGBOTE. A recompense lor the mur- 
 der of a relative. 
 
 M EIGNE. A family. 
 
 MEINDRE AGE. Lesser age; minority. 
 
 MEJORADO. In Spanish law. Preferred; 
 advanced. White, New Recop. lib. 3, tit. 10, 
 c. 1, § 4. 
 
 MELANCHOLIA. In medical jurispru- 
 dence. A name given by the ancients to a 
 species of partial intellectual mania, now 
 more generally known by the name of 
 "monomania." It bore this name because 
 it was supposed to be always attended by 
 dejection of mind and gloomy ideas. See 
 "Mania." 
 
 MELDFEOH (Saxon). A fee paid to an 
 informer. 
 
 MELIOR (Lat.) Better. 
 
 MELIOR EST CAUSA POSSIDENTIS. 
 The cause of the possessor is preferable. 
 Dig. 50. 17. 126. 2. 
 
 MELIOR EST CONDITIO DEFENDENT- 
 
 is. The cause of the defendant is the bet- 
 ter. Broom, Leg. Max. (3d London Ed.) 
 639, 642; Dig. 50. 17. 126. 2; Hob. 199; 1 
 Mass. 66. 
 
 MELIOR EST CONDITIO POSSIDENTIS 
 et rel quam actoris. Better Is the condition 
 of the possessor and that of the defendant 
 than that of the plaintiff. 4 Inst. 180; 
 Vaughan, 58, 60; Hpb. 103. 
 
 MELIOR EST CONDITIO POSSIDENTIS, 
 ubi neuter jus habet. Better is the condition 
 of the possessor where neither of the two 
 has a right. Jenk. Cent. Cas. 118. 
 
 MELIOR EST JUSTITIA VERE PRAEVE- 
 nlens quam severe puniens. That justice 
 
 which justly prevents a crime is better than 
 that which severely punishes it. 
 
 MELIORATIONS. In Scotch law. Im- 
 provements of an estate, other than mere 
 repairs; betterments. 1 Bell, Comm. 73. 
 
 MELIOREM CONDITIONEM ECCLESIAE 
 suae facere potest praelatus, deteriorem ne- 
 quaquam. A bishop can make the condition 
 of his own church better, but by no means 
 worse. Co. Litt. 101. 
 
 MELIOREM CONDITIONEM SUUM FAC- 
 ere potest minor, deteriorem nequaquam. 
 A minor can improve or make his condition 
 better, but never worse. Co Litt. 33713. 
 
 MELIUS EST IN TEMPORE OCCURRE- 
 re, quam post causam vulneratum remedium 
 quae re re. It is better to restrain or meet a 
 thing in time, than to seek a remedy after 
 a wrong has been inflicted. 2 Inst. 299. 
 
 MELIUS EST JUS DEFICI.ENS QUAM 
 
 jus incertum. Law that is deficient is better 
 than law that is uncertain. Lofft, 395. 
 
 MELIUS EST OMNIA MALA PATI 
 quam consentire. It is better to suffer every 
 wi;ong or ill than to consent to it. 3 Inst. 23. 
 
 MELIUS EST PETERE PONTES QUAM 
 sectari rivulos. It is better to go to the 
 fountain head than to follow little stream- 
 lets. 
 
 MELIUS EST RECURRERE QUAM MA- 
 lo currere. It is better to recede than to 
 proceed wrongly. 4 Inst. 176. 
 
 MELIUS INQUIRENDUM VEL INQUI- 
 rendo. In old English practice. A writ 
 which, in certain cases, issued after an im- 
 perfect inquisition returned on a capias 
 utligatum in outlavrey. This melms in- 
 quirendwm commanded the sheriff to sum- 
 mon another inquest in order that the val- 
 ue, etc., of lands, etc., might be better or 
 more correctly ascertained. 
 
 MELLER. (L. Fr.) To mix or blend; to 
 meddle with; to interfere or Interpose. Kel- 
 ham. 
 
 MEMBER. A limb of the body useful in 
 self-defense. Membr^m, est pars corporis 
 habens destinatum operationem in corpore. 
 Co. Litt. 126a. 
 
 An individual who belongs to a firm, part- 
 nership, company, or corporation. 
 
 One who belongs to a legislative body, or 
 other branch of the government; as, a mem- 
 ber of the house of representatives; a mem- 
 ber of the court, 
 
 MEMBER OF CONGRESS. A member of 
 the senate or house of representatives of 
 the United States. 
 
 MEMBERS. In English law. Places 
 where a custom house has been kept of old 
 time, with officers or deputies in attend- 
 ance; and they are lawful places of expor- 
 
MEMBRANA 
 
 653 
 
 MENACE 
 
 tation or importation. 1 Chit. Com. Law, 
 726. 
 
 MEMBRANA (Lat.) In civil and old Eng- 
 lish law. Parchment; a skin of parchment. 
 Vocat; Du Cange. The English rolls were 
 composed of several skins, sometimes as 
 many as forty-seven. Hale, Hist. Com. 
 Law, 17. 
 
 MEMORANDUM (Lat. from memorare, 
 to remember). A note to assist the mem- 
 ory. 32 Conn. 509. An informal instru- 
 ment recording some fact or agreement; 
 so called from its beginning, when it was 
 made in Latin. It is sometimes com- 
 menced vrith this word, though written in 
 English; as, "Memorandum, that it is 
 agreed;" or it is headed with the words, 
 "Be it remembered that," etc. 
 
 In English Practice. The commence- 
 ment of a record in king's bench, now writ- 
 ten in English, "Be it remembered," and 
 which gives name to the whole clause. 
 
 It is only used in proceedings by bill, and 
 not in proceedings by original, and was in- 
 troduced to call attention to what was^ con- 
 sidered the bye-business of the court. 2 
 Tidd. Pfac. 775. Memorandum is applied, 
 also, to other forms and documents in Eng- 
 lish practice; e. g., "memorandum in error," 
 a document alleging error in fact, and ac- 
 companied by an affidavit of such matter of 
 fact. 15 & 16 Vict. c. 76, § 158. Also, a 
 "memorandum of appearance," etc., in the 
 general sense of an informal instrument, 
 recording some fact or agreement. 
 
 A writing required by the statute ol 
 frauds. Vide "Note or Memorandum." 
 
 In Insurance. A clause in a policy 
 
 limiting the liability of the insurer. 
 
 MEMORANDUM CHECK. It is not un- 
 usual among merchants, when one makes a 
 temporary loan to another, to give the lend- 
 er a check on a bank, with the express or 
 implied agreement that it shall be redeemed 
 by the maker himself, and that it shall not 
 be presented at the bank for payment; such 
 understanding being denoted by the word 
 "memorandum" upon it. If passed to a third 
 person, it will be valid in his hands like 
 any other check. 4 Duer (N. Y.) 122; 11 
 Paige, Ch. (N. Y.) 612. 
 
 MEMORANDUM CLAUSE. In a policy of 
 marine insurance, -the memorandum clause 
 is a clause inserted to prevent the under- 
 writers from being liable for injury to 
 goods of a peculiarly perishable nature, and 
 for minor damages. It begins as follows: 
 "N. B. Corn, fish, salt, fruit, flour, and 
 seed are warranted free from average, un- 
 less general, or the ship be stranded;" 
 meaning that the underwriters are not to 
 be liable for damage to these articles 
 caused by sea water or the like. 
 
 MEMORANDUM OF ALTERATION. For- 
 merly, in England, where a patent was 
 granted for two inventions, one of which 
 
 was not new or not useful, the whole patent 
 was bad, and the same rule applied when a 
 material part of a patent for a single in- 
 vention had either of those defects. To 
 remedy this, St. 5 & 6 Wm. IV. c. 83, em- 
 powers a patentee (with the fiat of the at- 
 torney general) to enter a disclaimer (q. 
 V.) or a memorandum of an alteration in 
 the title or specification of the patent, not 
 being of such a nature as to extend the 
 exclusive right granted by the patent, and 
 thereupon the memorandum is deemed to be 
 part of the letters patent or the specifica- 
 tion. Johns. Pat. 151; St. 15 & 16 Vict, 
 c. 83, § 39. 
 
 MEMORANDUM OF ASSOCIATION. A 
 
 document by the registration of which a 
 company is formed under the English com- 
 panies act of 1862. 
 
 MEMORIAL. A petition or representation 
 made by one or more individuals to a legis- 
 lative or other body. When such instru- 
 ment is addressed to a court, it is called a 
 "petition." 
 
 MEMORITER (Lat.) From memory. 
 
 MEMORY. Understanding; a capacity to 
 make contracts, a will, or to commit a 
 crime, so far as intention is necessary. 
 
 Memory is sometimes employed to ex- 
 press the capacity of the understanding, 
 and sometimes its power. When we speak 
 of a retentive memory, we use it in the 
 former sense; when of a ready memory, in 
 the latter. Shelf. Lun. Introd. 29, 30. 
 
 The reputation, good or bad, which a 
 man leaves at his death. 
 
 This memory, when good, is highly prized 
 by the relations of the deceased, and it is 
 therefore libellous to throw a shade over 
 the memory of the dead, when the writing 
 has a tendency to create a breach of the 
 peace, by inciting the friends and relations 
 of the deceased to avenge the insult offered 
 to the family. 4 Term R. 126; 5 Coke, 125; 
 Hawk. P. C. bk. 1, c. 73, § 1. 
 
 MEMORY, TIME OF. According to the 
 English common law, which has been al- 
 tered by 2 & 3 Wm. IV. c. 71, the time of 
 memory commenced from the reign of Rich- 
 ard I., A. D. 1189. 2 Bl. Comm. 31. 
 
 But proof of a regular usage for twenty 
 years, not explained or contradicted, is evi- 
 dence upon which many public and private 
 rights are held, and sufficient for a jury in 
 finding the existence of an immemorial 
 custom or prescription. 2 Saund. 175a, 175d; 
 Peake, Ev. 336; 2 Price, 450; 4 Price, 198. 
 
 MEN OF STRAW. "See Straw Men.'" 
 
 M EN ACE. A threat; a declaration of an 
 intention to cause evil to happen to an- 
 other. 
 
 When menaces to do an injury to an- 
 other have been made, the party making 
 them may, in general, be held to bail to 
 keep the peace; and when followed by any 
 
MENDACIUM 
 
 654 
 
 MERCHANDISE 
 
 inconvenience or loss, the injured party has 
 a civil action against the wrongdoer. Comyn. 
 Dig. "Battery" (D); Viner, Abr.; Bac. Abr. 
 "Assault;" Co. Litt. 161a, 162b, 253b; 2 
 Lutw, 1428. 
 
 MENDACIUM (Lat.) In old English law. 
 Falsehood; a falsehood or lie; a false 
 statement made with intent to deceive. 
 Fleta, lib. 5, c. 22, § 6. 
 
 MENIAL. This term is applied to servants 
 who live under their master's roof. See 
 St. 2 Hen. IV. c. 21. 
 
 MENS (Lat.) Mind. 
 
 MENS LEGISLATORIS. The intent of the 
 legislators. 
 
 MENS REA (Lat.) A guilty mind. 
 
 MENS TESTATORIS IN TESTAMENTIS 
 spectanda est. In wills, the intention ot the 
 testator is to be regarded. Jenk. Cent. Cas. 
 277. 
 
 MENSA (Lat.) An obsolete term" compre- 
 hending all goods and necessaries for liveli- 
 hoods. 
 
 MENSA ET THORO. See "Divorce." 
 
 MENSOR. In the civil law. A surveyor. 
 
 MENSULARIUS. In the civil law. A 
 money changer. 
 
 MENSURA. A measure. 
 
 MENSURA DOMINI REGIS. "The mea- 
 sure of our lord the king." The standard of 
 weights and measures, established under 
 King Richard I., 1197. 1 Bl. Comm. 275. 
 
 MENTAL INCAPACITY. Lack of suffi- 
 cient mind and memory on the part of a 
 grantor or testator to comprehend the na- 
 ture and character of the transaction in 
 which he was engaged. 230 111. 586; 93 111. 
 516. 
 
 MENTAL RESERVATION. A silent ex- 
 ception to the general words of a promise 
 or agreement not expressed, on account of 
 a general understanding on the subject. 
 But the word has been applied to an ex- 
 ception existing in the mind of the one 
 party only, and has been degraded to sig- 
 nify a dishonest excuse for evading or in- 
 fringing a promise. Wharton. 
 
 MENTAL SUFFERING. A mental emo- 
 tion arising from a physical injury; any 
 mental anguish cannected with bodily in- 
 jury. Braun v. Craven, 175 111. 408; To- 
 masi V. Donk Bros. Coal Co., 257 111. 75. 
 
 MENTIR'I (Lat.) To lie; to assert a false- 
 hood. Calv. Lex.; 3 Bulst. 260. 
 
 MENTIRI EST CONTRA MENTEM IRE. 
 To lie is to go against the mind. 3 Bulst. 
 260. 
 
 MENTITION. The act of lying; a false- 
 hood. 
 
 MERA NOCTIS. Midnight. 
 
 MERCANDISA, Merchandisa, Merean- 
 disia. _ L. Lat. In old English law. Mer- 
 chandise; all goods and wares exposed to 
 sale in fairs or markets. Brae, fol. 67. 
 
 MERCANTILE. Having to do with or 
 engaged in trade, or the buying and sell- 
 ing of commodities; pertaining to the busi- 
 ness of merchants; concerned with trade 
 or the buying and selling of commodities; 
 pertaining to trade; commercial; 255 111. 
 273, 563; 167 111. App. 147. 
 
 MERCANTILE LAW. That branch of 
 law_ which defines and enforces the rights, 
 duties, and liabilities arising out of mer- 
 cantile transactions and relations. See 
 "Law Merchant," 
 
 MERCANTILE PAPER. Commercial pa- 
 per (q. V.) 
 
 MERCANTILE PARTNERSHIP. One 
 
 formed for trading purposes. 
 
 MERCAT. A market. An old form of the 
 latter word common in Scotch law, formed 
 from the Latin mereatum. 
 
 MERCATIVE, Belonging to trade. 
 
 MERCATUM (Lat.) A market. Du Cange. 
 A contract of sale. Id. Supplies for an 
 army {commeatus) . Id. See Bracton, 56; 
 Fleta, lib. 4, c. 28, §§ 13, 14. 
 
 MERCEN-LAGE. The law of the Merci- 
 ans. One of the three principal systems of 
 laws which prevailed in England about the 
 beginning of the eleventh century. It was 
 observed in many of the midland counties, 
 and those bordering on the principality of 
 Wales. 1 Bl, Comm. 65. 
 
 MERCENARIUS. A mercenary. 
 
 MERGES (Lat.) In civil law. Reward of 
 labor in money or other things. As distin- 
 guished from pensis, it means the rent of 
 farms (praedia rustid). Calv. Lex. 
 
 MERCHANDISE (Lat. mera;). A term in- 
 eluding all those things which merchants 
 sell, 'either wholesale or retail; as, dry- 
 goods, hardware, groceries, drugs, etc. It 
 is usually applied to personal chattels only, 
 and to those which are not required for 
 food or immediate support but such as re- 
 main after having been used, or which are 
 used only by a slow consumption. See Par- 
 dessus, note 8; Dig. 13. 3. 1; Id. 19. 4. 1; 
 Id. 50. 16. 66; 8 Pet, (U. S.) 277; 6 Wend. 
 (N. Y.) 335. 
 
 Mere evidences of value, as bank bills, 
 are not merchandise. "The fact that a thing 
 is sometimes bought and sold does not make 
 it merchandise." Story, J., 2 Story, C. C. 
 (U. S.) 10, 53, 54. See 2 Mass. 467; 20 
 Pick. (Mass.) 9; 3 Mete. (Mass.) 367; 2 
 Pars. Cont. 331, note (w). 
 
MERCHANDISE MARKS ACT 1862 655 
 
 MERE RIGHT 
 
 Nor are baggage (6. Fed. 413) tools or 
 facilities (26 Ind. 294), or animals kept for 
 use; though otherwise if they were import- 
 ed for purpose of sale only (22 Vt. 655). 
 
 MERCHANDISE MARKS ACT 1862. St. 
 25 & 26 Vict. c. 88. Its principal provision 
 is that making it a misdemeanor to forge 
 or falsely apply any trade-mark or indica- 
 tion of quality, or to sell any goods falsely 
 marked. 
 
 MERCHANT (Lat. mercator; merx). A 
 man who traffics or carries on trade with 
 foreign countries, or who exports and im- 
 ports goods, and sells them by wholesale. 
 Webster; Lex. Merc. 23. These are known 
 by the name of "shipping merchants." See 
 Comyn, Dig.; Dyer, 279b; Bac. Abr. 
 
 "Merchants," in the statute of limita- 
 tions, means not merely those trading be- 
 yond sea, as formerly held (1 Chanc. Cas. 
 152; 1 Watts & S. [Pa.] 469) ; but whether 
 it includes common retail tradesmen, quaere 
 (1 Mod. 238; 4 Scott, N. R. 819; 2 Pars. 
 Cent. 369, 370. See, also, 5 Cranch [U. S.] 
 15; 6 Pet. [U. S.] 151; 12 Pet. [U. S.] 300; 
 5 Mason [U. S.] 505). 
 
 According to an old authority, there are 
 four species of merchants, namely, mer- 
 chant adventurers, merchants dormant, 
 merchant travelers, and merchant resi- 
 dents. 2 Brownl. 99. See, generally, 9 Salk. 
 445; Bac. Abr.; Comyn, Dig.; 1 Bl. Comm. 
 75, 260; 1 Pardessus, Dr. Com. note 78; 2 
 Show. 326; Bracton, 334. 
 
 One whose business it is to buy and sell 
 merchandise. This applies to all persons 
 who habitually trade in merchandise. 1 
 Watts & S. (Pa.) 469; 2 Salk. 445. 
 
 The term does not include those who buy 
 goods for the purpose of manufacture and 
 subsequent sale. 33 Mo. 424. A commercial 
 traveler is not a merchant (58 Miss. 478), 
 nor is a farmer who raises produce for the 
 market (3 T. B. Mon. [Ky.] 330), nor a 
 speculator in stocks (8 Ben. [U. S.] 663). 
 
 MERCHANTABLE TITLE. A merchant- 
 able title must be good beyond a reason- 
 able doubt, and this must appear from the 
 abstract itself. That the title may, in fact, 
 be good, or that it may be made good is 
 insufficient. The abstract on its face must 
 show that there is no reasonable doubt 
 about it. The opinion of the court that 
 it is probably good, is not sufficient. It 
 must be such a title as will not detract 
 from the salability of the land, or de- 
 preciate its value on the market, or ex- 
 pose the vendee to possible litigation or to 
 the danger of being defeated in an action 
 concerning it. If there is even a color of 
 outstanding title which may prove substan- 
 tial a purchaser will not be required to 
 take it and thus encounter the hazard of 
 litigation with an adverse claimant over 
 whom the court has no jurisdiction. Where 
 the vendor in a contract for the sale of 
 land has agreed to furnish an abstract of 
 title showing good merchantable title in 
 
 him, all the vendee need do to defeat a bill 
 by the vendor for specific performance is 
 to show that that title which the vendor 
 was prepared to convey was doubtful in 
 character. 241 111. 514. 
 
 On the other hand, an objection cannot 
 be founded on unsubstantial trifles; and a 
 bare possibility that the title may be af- 
 fected by the existing causes which may 
 subsequently be developed when the high- 
 est evidence of which the case admits, 
 amounting to a moral certainty, is given 
 that no such cause exists, is not to be re- 
 garded as a sufficient ground for a refusal 
 to perform the contract. 156 111. App. 137, 
 138. 
 
 MERCHANTS' SHIPPING ACTS. Eng- 
 lish statutes for the amelioration of the 
 condition of seamen on merchant vessels, 
 and the general improvement of shipping, 
 and vesting a control of merchant shipping 
 in the board of trade to that end. 
 
 MERCHET. Marcheta (q. v.) 
 
 MERCIAMENT. An amerciament. 
 
 MERCIMONIATUS ANGLIAE. In old rec- 
 ords. The impost of England upon mer- 
 chandise. Cowell. 
 
 MERCIS APPELLATIO AD RES MOBIL- 
 
 es tantum pertinet. The term "merchan- 
 dise" belongs to movable things only. Dig. 
 50. 16. 66. 
 
 MERCIS APPELLATIONE HOMINES 
 non continere. Under the name of "mer- 
 chandise," men are not included. Dig. 50. 16. 
 207. 
 
 MERCY (Law Fr. merci; Lat. misericor- 
 dia) . 
 
 In Practice. The arbitrament of the 
 
 king or judge in punishing offenses not di- 
 rectly censured by law. 2 Hen. VI. c. 2; 
 Jacob. So, to be in mercy signifies to be 
 liable to punishment at the discretion of 
 the judge. 
 
 In Criminal Law. The total or par- 
 tial remission of a punishment to which a 
 convict is subject. When the whole pun- 
 ishment is remitted, it is called a "pardon;" 
 when only a part of the punishment is re- 
 mitted, it is frequently a "conditional par- 
 don;" or, before sentence, it is called "clem- 
 ency" or "mercy." See Rutherforth, Inst. 
 224; 1 Kent, Comm. 265; 3 Story, Const. 
 § 1488. 
 
 As to the construction of "mercy" in 
 the exception to the Sunday laws in favor 
 of deeds of necessity and mercy, see 2 
 Pars. Cont. 262, notes. 
 
 MERE (Fr.) Mother. This word is fre- 
 quently used; as, en ventre sa mere, which 
 signifies a child unborn, or in the womb. 
 
 MERE MOTION. See "Ex Mero Motu." 
 
 MERE RIGHT. An abstract right of prop- 
 erty without possession or right thereto. 2 
 Bl, Comm. 197. 
 
MERE STONE 
 
 656 
 
 MESNE 
 
 MERE STONE. A boundary stone. 
 
 MEREMIUM. (Law Lat. [from L. Fr. 
 meresme, mereme.^) In old English and 
 Scotch law. Timber. 
 
 MERETRICIOUS. Illicit, as applied to sex- 
 ual relations. 
 
 MERGER. The absorption of a thing of 
 lesser importance by a greater, whereby the 
 lesser ceases to exist, but the greater is not 
 increased. 
 
 There appears to be a distinction recog- 
 nized by most of the authorities between a 
 "merger," strictly speaking, and a "con- 
 solidation," but the terms are not always 
 used with strict accuracy. 256 111. 522. 
 
 — ^In Estates. When a greater estate 
 and less coincide and meet in one and the 
 same person, without any intermediate es- 
 tate, the less is immediately merged, that is, 
 sunk or drowned, in the latter. For ex- 
 ample, if there be a tenant for years, and 
 the reversion in fee simple descends to or 
 is purchased by him, the term of years is 
 merged in the inheritance, and no longer 
 exists; but they must be to one and the 
 same person, at one and the same time, in 
 one and the same right. 2 Bl. Comm. 177; 
 Latch, 153; Poph. 166; 6 Madd. 119; 1 
 Johns. Ch. (N. Y.) 417; 3 Johns, Ch, (N. 
 Y.) 53; 3 Mass. 172. 
 
 In Contracts. Merger, in the law of 
 
 contracts, is the absorption or extinguish- 
 ment of a security of a lower legal degree 
 in another of a higher legal degree. 120 
 111. App. 554. 
 
 Of Rights. Rights or demands merged 
 
 in a judgment for their enforcement (65 
 Ind. 243; 25 Pa. St. 200; 41 Mo. 205), or in 
 a security of a higher nature (10 Iowa, 
 443; 14 Mo. 450). Rights are also said to 
 be merged when the same person who is 
 bound to pay is aUo entitled to receive. 117 
 111. 338. This is more properly called a 
 "confusion of rights," or "extinguishment." 
 
 In Torts. Where a person, in commit- 
 ting a felony, also commits a tort against a 
 private person, the wrong was, under the old 
 law, sunk in the felony, and, by modern law, 
 is suspended until after the felon's convic- 
 tion. 1 Chit. Prac. 10. The rule is gener- 
 ally changed by statute. 
 
 In Crimes. At common law, if an act 
 
 included several offenses of different degree 
 (i. e., misdemeanors and felony), the mis- 
 demeanors merged in the felony (5 Mass. 
 106; 1 Mich. 217; 26 N. J. Law, 213) ; but 
 if the offenses were of the same grade, there 
 was no merger, and the prosecution might 
 elect on which to prosecute (48 Me. 238; 4 
 Wend. [N. Y.] 265; 93 Fed. 452). 
 
 The doctrine of merger of offenses is now 
 repudiated in England (11 Q. B. 929), and 
 in some of the United States (57 Conn. 461; 
 51 Minn. 382). 
 
 MERIDIES. Noon. 
 
 MERITS. The strict legal rights of the 
 parties, as distinguished from matters of 
 
 practice and matters resting in the diaoie- 
 tion of the court. 4 How. Pr. (N. Y.) 839! 
 Id. 432; 2 Daly (N. Y.) 208. 
 
 A cause of action or defense on the merits 
 is one resting on matters of substance, not 
 on form or technicality. See 12 Wis. 588. 
 A judgment on the merits is one decisive of 
 some strictly legal right of the party. 12 
 Minn. 357; 26 S. C. 119. 
 
 MERITS, AFFIDAVIT OF. See "Affidavit 
 of Merits." 
 
 MERO MOTU. See "Ex Mere Motu." 
 
 MERTOIM, STATUTE OF. An ancient 
 English ordinance or statute (20 Hen. III. 
 [1253]) , which took its name from the place 
 in the county of Surrey where parliament 
 sat when it was enacted. 2 Inst. 79; Barr. 
 Obs. St. 41, 46; Hale, Hist. Com. Law, 9, 
 10, 18. 
 
 ME RUM (Lat.) In old English law. Mere; 
 naked or abstract. Merum jus, mere right. 
 Bracton, fol. 31. Majus jus merum, more 
 mere right. Id. See "Mere Right." 
 
 MERX EST QUIDQUID VENDI Po- 
 test. Merchandise is whatever can be sold. 
 3 Mete. (Mass.) 365. See "Merchandisis." 
 
 MES. tot. mo. CO. gar. ter. pra. pas. bos. 
 brue. mora. 
 
 Junca. maris, alne. rus. re. sectare priora. 
 
 A rhyming couplet artificially constructed 
 by the old practitioners in real actions, for 
 the more easy remembrance of the rule re- 
 quiring the various parcels of land which 
 might be demanded in a writ of right to 
 be named in a certain order. It consists of 
 the first syllables of the following words: 
 Messuagium, toftum, molendinur^, colum- 
 bare, gardinum, terra, pratum, pastura, bos- 
 ciis, bruera, mora, Juncaria, mariscus, alne- 
 turn, ruscaria, reditus (in English, mes- 
 suage, toft, mill, dovehouse, garden, land, 
 meadow, pasture, wood, heath, moor, rush 
 ground, marsh, alder ground, broom ground, 
 rent) ; the words sectare priora (follow the 
 first syllables) denoting how it was to be 
 read. Fitzh. Nat. Brev. 2 (C). In the reg- 
 ister, the complementary syllables are writ- 
 ten over each of the abbreviations. Reg. 
 Orig. 2. 
 
 MESAGUIM. A messuage. 
 
 MESCROYANT. Used in our ancient 
 books. An unbeliever. 
 
 MESE. An ancient word used to signify 
 "house;" probably from the French maison. 
 It is said that by this word the buildings, 
 curtilage, orchards, and gardens will pass. 
 Co. Litt. 56. 
 
 MESNALITY. The estate of a mesne 
 tenant. 
 
 MESNE. Intermediate; the middle be- 
 tween two extremes; that part between the 
 
MESNE LORD 
 
 657 
 
 METES AND BOUNDS 
 
 commencement and the end, as it relates to 
 time. 
 
 In England, the word "mesne" also ap- 
 plies to a dignity; those persons who hold 
 lordships or manors of some superior, who 
 is called "lord paramount," and grant the 
 same to inferior persons, are called "mesne 
 lords." 
 
 MESNE LORD. A middle or intermediate 
 lord. 2 Bl. Comm. 59; 1 Steph. Comm. 168, 
 174. See "Mesne." 
 
 MESNE PROCESS. In practice. All 
 writs necessary to a suit between its be- 
 ginning and end, that is, between primary 
 process or summons and final process, or 
 execution, whether for the plaintiff, against 
 the defendant, or for either against any 
 party whose presence is necessary to the 
 suit. 
 
 MESNE PROFITS. The value of land dur- 
 ing the period of a wrongful possession 
 thereof; that is to say, from the time of 
 wrongful entry to dispossession. 3 Bl. 
 Comm. 205. 
 
 The net rental value or value of the use 
 and occupation of premises during the per- 
 iod of a wrongful occupation. 101 N. Y. 
 13. 
 
 MESNE, WRIT OF. The name of an an- 
 cient writ, which lies when the lord para- 
 mount distrains on the tenant paravail. The 
 latter shall have a writ of mesne against 
 the lord who is mesne. Fitzh. Nat. Brev. 
 316. 
 
 MESPRISION. (Law Fr.) Mistake; a mis- 
 taking. 
 
 MESQUE (Law Ft.) Except; unless. Fet. 
 Assaver, § 23. 
 
 MESS BRIEF. In Danish law. A certifi- 
 cate of admeasurement granted by compe- 
 tent authority at home port of vessel. Ja- 
 cobsen. Sea Laws, 50. 
 
 MESSENGER. An employe or oflScer 
 whose duty is to bear messages or com- 
 munications. 
 
 — I — In Eng,lish Law. An officer who takes 
 possession of an insolvent or bankrupt es- 
 tate. 
 
 MESSENGER ASSOCIATION. An associ- 
 ation engaged in the business of furnishing 
 messengers for hire to any who may desire 
 them. Such associations are held to be com- 
 mon carriers. 31 Abb. N. C. 147; 6 Misc. 
 Eep. (N. Y.) 534. 
 
 MESSIS SEMENTEM SEQUITUR. The 
 
 harvest follows the sowing. Ersk. Inst. 174. 
 26; Bell, Diet. 
 
 MESSUAGE. A term used in conveyanc- 
 ing, and nearly synonymous with "dwelling 
 house." A grant of a messuage with the 
 appurtenances will not only pass a house, 
 but all the buildings attached or belonging 
 
 to it, as also its curtilage, garden, and or- 
 chard, together with the close on which the 
 house is built. Co. Litt. 5b; 2 Saund. 400; 
 Hammond, N. P. 189; 4 Cruise, Dig. 321; 
 2 Term. R. 502; 4 Blackf. (Ind.) 331. But 
 see the cases cited in 9 Barn. & C. 681. 
 This term, it is said, includes a church. 11 
 Coke, 26; 2 Esp. 528; 1 Salk. 256; 8 Barn. 
 & C. 25. And see 3 Wils. 141; 2 W. Bl. 
 726; 4 Mees. & W. 567; 2 Bing. (N. C.) 
 617; 1 Saund. 6. 
 
 META (Lat.) The goal of a Roman race- 
 course; a mark or object about which the 
 chariots turned, and where the course ended. 
 
 In Old English Law. A boundary line; 
 
 a border or terminus. Properly, a visible 
 object, standing upon the line, as a stone or 
 tree, and showing where it ended; a butt. 
 See "Butts and Bounds." Bundae et meiae, 
 et rationabiles divisae quae ponuntur in 
 terminis et. finibus agrorum, ad distinguen- 
 dum praedia et dominia vicinorum, bounds 
 and metes and reasonable divisions which 
 are set on the borders and limits of lands, 
 in order to distinguish the estates and prop- 
 erties of neighbors. Bracton, fols. 166b, 
 167; Pleta, lib. 2, c. 41, § 30. Pro metis et 
 terminis ponendis. Mag. Rot. 3 Hen. III. 
 rot. 14b. 
 
 METALLUM (Lat.) In the Roman law. 
 Metal; a mine. 
 
 Labor in mines, as a punishment for 
 crime. Dig. 40. 5. 24. 5; Calv. Lex. 
 
 METATUS (Law Lat.) In old European 
 law. A dwelling; a seat; a station; quar- 
 ters; the place where one lives or stays. 
 Spelman. 
 
 METAYER SYSTEM. A system of agri- 
 cultural holdings, under which the land is 
 divided, in small farms, among single fami- 
 lies, the landlord generally supplying the 
 stock which the agricultural system of the 
 country is considered to require, and receiv- 
 ing, in lieu of rent and profit, a fixed propor- 
 tion of the produce. This proportion, which 
 is generally paid in kind, is usually one-half. 
 1 Mill. Pol. Econ. 296, 363 ; 2 Smith, Wealth 
 of Nations, 3, c. 2; Wharton. 
 
 METECORN. A measure of corn given 
 by a lord to customary tenants as a reward 
 for labor. 
 
 METEGAVEL. A rent paid in victuals. 
 
 METES AND BOUNDS. The boundary 
 lines of land, with their terminal points 
 and angles. Courses and distances control, 
 unless there is matter of more certain de- 
 scription, e. g., natural monuments. 42 Me. 
 209. 
 
 The boundary line may be pointed out 
 and ascertained by reference to permanent 
 objects either natural or artificial, and so 
 situated that they may conveniently be used 
 for the purpose of indicating its extent. 
 Such objects, when so used in a descrip- 
 tion, are called monuments; streams, trees, 
 
METHEL 
 
 658 
 
 MILITARY FEUDS 
 
 walls, fences, streets and highways, or rail- 
 road tracks, or other objects may be re- 
 ferred to as monuments. 46 111. App. 128; 
 25 111. 152. 
 
 A joint tenant cannot convey by metes 
 and bounds. 1 Hilliard, Real Prop. 582. 
 See "Boundary." 
 
 METHEL (Saxon). Speech. 
 
 METHOD. See "Process." 
 
 METROPOLIS (Graeco-Lat. and Eng.) A 
 mother city; one from which a colony was 
 sent out. Calv. Lex. 
 
 The capital of a province. Id. 
 
 METROPOLITAN. In English law. One 
 of the titles of an archbishop. Derived 
 from the circumstance that archbishops 
 were consecrated at first in the metropolis 
 of a province. 4 Inst. 94. 
 
 METUS (Lat.) A rsiasonable fear of an 
 intolerable evil, as of loss of life or limb, 
 such as may fall upon a brave man (wVum 
 constantem) . 1 Bl. Comm. 131; Calv. Lex. 
 And this kind of fear alone will invalidate 
 a contract as entered into through duress. 
 Calv. Lex. 
 
 In a more general sense, fear. 
 
 WEU (Law Fr.) Moved; commenced, as 
 a suit. Kelham; Britt. c. 126. 
 
 MEUBLES. In French law. Movables (q'. 
 V.) Meubles meublans, household utensils 
 and ornaments. 
 
 MEUM EST PROMITTERE, NON DIM- 
 ittere. It is mine to promise, not to dis- 
 charge. 2 Rolle, 39. 
 
 MICHAELMAS TERM. In English law. 
 One of the four terms of the courts. It be- 
 gins on the 2d day of November, and ends 
 on the 25th of November. It was formerly 
 a movable term. St. 11 Geo. IV. and 1 Wm. 
 IV. c. 70. 
 
 MICHEL GEMOT, or MICEL GEMOTE 
 (Saxon, great meeting or assembly). One 
 of the names of the general council imme- 
 morially held in England. 1 Bl. Comm. 
 147. 
 
 One of the great councils of a king and 
 noblemen in Saxon times. 
 
 These great councils were severally called 
 wittena gemotes, afterwards micel synods, 
 and mioel gemotes. Cowell (Ed. 1727) ; 
 Cunningham. See "Michel Synoth." 
 
 MICHEL SYNOTH (Saxon, great coun- 
 cil). One of the names of the general 
 council immemorially held in England. 1 
 Bl. Comm. 147. 
 
 The Saxon kings usually called a "synod," 
 or mixed council, consisting both of ecclesi- 
 astics and the nobility, three times a year, 
 which was not properly called a "parlia- 
 ment" till Henry III.'s time. Cowell (Ed. 
 1727) ; Cunningham. 
 
 MICHERY. Theft; dishonesty. 
 
 MIDDLE OF THE RIVER. The phrases 
 "middle of the river' and "middle of the 
 main channel" are equivalent expressions 
 and both mean the main line of the channel, 
 or, as is frequently expressed, the middle 
 thread of the current. 270 111. 422. See 
 "Middle Thread." 
 
 MIDDLE THREAD (Law Lat. medium 
 filum; Law Fr. fil de myleu). An imagi- 
 nary line drawn through the middle of a 
 stream in the direction of its length. Story, 
 J., 3 Sumn. 170, 178. 
 
 MIDDLEMAN. One who has been em- 
 ployed as an agent by a principal, and who 
 has employed a subagent under him by au- 
 thority of the principal, either express or 
 implied. He is not, in general, liable for 
 the wrongful acts of the subagent, the prin- 
 cipal being alone responsible. 3 Campb. 
 4; 6 Term R. 411; 14 East, 605. 
 
 A person who is employed both by the 
 seller and purchaser of goods, or by the 
 purchaser alone, to receive them into his 
 possession, for the purpose of doing some- 
 thing in or about them. 
 
 MIDWIFE. In medical jurisprudence. A 
 woman who practices midwifery; a woman 
 who pursues the business of an accoucheuse. 
 
 MIESES (Spanish). Crops. 
 
 MILE. A length of a thousand paces, or 
 seventeen hundred and sixty yards, or five 
 thousand two hundred and eighty feet. It 
 contains eight furlongs, every furlong being 
 forty poles, and each pole sixteen feet six 
 inches. 2 Starkie, 89. 
 
 MILEAGE. A compensation of so much 
 per mile allowed to officers traveling on the 
 public business, or to any person authorita- 
 tively summoned in respect to a matter of 
 public importance, as to a witness. 
 
 MILES. 
 
 In Civil Law. A soldier. Vel a "mili- 
 tia," aut a "multitudine," aut a numero, 
 "mille hominum." Vocat. 
 
 In Old English Law. A knight, be- 
 cause military service was part of the 
 feudal tenure. Also, a tenant by military 
 service, not a knight. 1 Bl. Comm. 404; 
 Seld. Tit. Hon. 334. 
 
 MILITARY CAUSES. In English law. 
 Causes of action or injuries cognizable in 
 the court military, or court of chivalry. 3 
 Bl. Comm. 103. 
 
 MILITARY COURTS. In English law. In- 
 clude the ancient court of chivalry and mod- 
 ern court-martial (q. v.) 3 Bl. Comm. 68, 
 103. 
 
 MILITARY FEUDS. The genuine or orig- 
 inal feuds which were in the hands of mili- 
 tary men, who performed military duty for 
 their tenures. 
 
MILITARY LANDS 
 
 659 
 
 MIND AND MEMORY 
 
 MILITARY LANDS. In American law. 
 Lands granted to soldiers for military ser- 
 vices. 
 
 MILITARY LAW. A system of regulation 
 by acts of congress prescribing the rules 
 and articles of war, and providing for the 
 government of the army and discipline of 
 the troops. 1 Kent, Comm. 377, note; 44 
 III. 153, 
 
 That branch of the laws which respects 
 military discipline and the government of 
 persons employed in the military service. De 
 Hart, Courts-Martial, 16. 
 
 Military law is to be distinguished from 
 martial law. Martial law extends to all 
 persons; military law to all military per- 
 sons only, and not to those in a civil capac- 
 ity. 44 111. 142. Martial law supersedes 
 and suspends the civil law, but military law 
 -is superadded and subordinate to the civil 
 law. See 2 Kent, Comm. 10; 34 Me. 126. 
 See Martial Law. 
 
 The body of the military law of the 
 United States is contained in the act of 
 April 30, 1806, and the amendatory acts. 
 
 MILITARY OFFENSES. Those offenses 
 which are cognizable by the courts military, 
 as insubordination, sleeping on guard, de- 
 sertion, etc. 
 
 MILITARY SERVICE. A statute releas- 
 ing an attachment issued against any prop- 
 erty of any "soldiers in the actual military 
 service of the United States" does not in- 
 clude a person in the naval service. One 
 may be in the naval service, or connected 
 with the navy without being a soldier, as 
 when he belongs to merchantmen or the 
 merchant's service. A soldier in the mili- 
 tary service, on the contrary, means one 
 belonging to the soldiery, militia or army 
 of a nation or state. 18 Iowa 513. 
 
 MILITARY STATE. The soldiery of the 
 kingdom of Great Britain. 
 
 MILITARY STATION. Is synonymous 
 with the term "military post," and means 
 a place where troops are assembled, where 
 military stores, animate and inanimate, are 
 kept or distributed, where military duty is 
 performed or military protection afforded, 
 — ^where something in short, more or less 
 closely connected with arms or war is kept 
 or is to be done. 4 Otto (U. S.) 222. 
 
 MILITARY TENURES. The various ten- 
 ures by knight service, grand serjeanty, 
 cornage, etc., are frequently called "mili- 
 tary tenures," from the nature of the serv- 
 ices which they involve. 1 Steph. Comm. 
 204. 
 
 MILITARY TESTAMENT. In English 
 law. A nuncupative will, — that is, one 
 made by word of mouth, — ^by which a sol- 
 dier may dispose of his goods, pay, and 
 other personal chattels, without the farms 
 and solemnities which the law requires in 
 other cases. St. 1 Vict. c. 26, § 11. 
 
 MILITES. Knights, and, In Scotch law, 
 freeholders. 
 
 MILITIA. A body of persons enlisted and 
 trained to military duty, but not kept in 
 service, being subject only to service on call, 
 as in case of invasion, insurrection, or riot. 
 94 111. 120. 
 
 MILL. A complicated engine or machine 
 for grinding and reducing to fine particles 
 grain, fruit, or other substance, or for per- 
 forming other operations by means of 
 wheels and a circular motion. 
 
 The house or building that contains the 
 machinery for grinding, etc. Webster. 
 
 MILLBANK PRISON. Formerly called 
 the "Penitentiary at Millbank." A prison 
 at Westminster, for convicts under sentence 
 of tBansportation, until the sentence or 
 order shall be executed, or the convict be 
 entitled to freedom, or be removed to some 
 other place of confinement. This prison is 
 placed under the inspectors of prisons, ap- 
 pointed by the secretary of state, who are 
 a body corporate, "The inspectors of the 
 Millbank Prison." The inspectors make 
 regulations for the government thereof, sub- 
 ject to the approbation of the secretary of 
 state, and yearly reports to him, to be 'aid 
 before parliament. Thfe secretary also ap- 
 points a governor, chaplain, medical officer, 
 matron, etc. Wharton. 
 
 MILLEATE, or MILL LEAT. A trench to 
 convey water to or from a mill. St. 7 Jac. I. 
 c. 19. 
 
 MILLED MONEY. This term means mere- 
 ly coined money, and it is not necessary 
 that it should be marked or rolled on the 
 edges. Leach, C. C. 708. 
 
 MILREIS. The name of a coin. The mil- 
 reis of Portugal is taken as money of ac- 
 count, at the custom house, to be of the 
 value of one hundred and twelve cents. The 
 milreis of Azores is deemed of the value of 
 eighty-three and one-third cents. The mil- 
 reis of Madeira is deemed of the value of 
 one hundred cents. Act March 3, 1843 (5 
 U. S. St. at Large, 625). 
 
 MINA (Law Lat.) In old English law. A 
 measure of corn or grain. Cowell; Spelman. 
 
 MINARE (Law Lat.) In old records. To 
 mine or dig mines. Cowell. Minator, a 
 miner. Id. 
 
 To drive. Spelman. Minator carucae, a 
 plough driver. Cowell. 
 
 MINATUR INNOCENTIBUS QUI PAR- 
 cit nocentlbus. He threatens the innocent 
 who spares the guilty. 4 Coke, 45. 
 
 MIND AND MEMORY. A testator must 
 have a sound and disposing mind and mem- 
 ory. In other words, he "ought to be ca- 
 pable of making his will with an under- 
 standing of the nature of the business in 
 which he is engaged, a recollection of the 
 property he means to dispose of, of the 
 
MINERALS 
 
 660 
 
 MINISTER 
 
 persons who are the object of his bounty, 
 and the manner in which it is to be dis- 
 tributed between them." Washington, J., 3 
 Wash. C. C. (U. S.) 585, 586; 4 Wash. C. C. 
 (U. S.) 262; 1 Green, Ch. (N. J.) 82, 85; 
 2 Green, Ch. (N. J.) 563, 604; 26 Wend. 
 (N. Y.) 255, 306, 311, 312; 8 Conn. 265; 
 9 Conn. 105. 
 
 MINERALS (Law Lat. minera, a vein of 
 metal). The term mineral is not confined 
 to metallic substances. 233 111. 62. 
 
 All fossil bodies or matters dug out of 
 mines or quarries, whence anything may 
 be dug; such as beds of stone which may 
 be quarried. 14 Mees. & W. 859, in con- 
 struing 55 Geo. III. c. 18; Broom, Leg. Max. 
 175, 176. 
 
 Any natural production, formed by the 
 action of chemical affinities, and organized 
 when beconiing solid by the powers of»crys- 
 tallization. Webster. But see 5 Watts 
 (Pa.) 34; 1 Crabb, Real Prop. 95. 
 
 Including every kind of stone, flint, 
 marble, slate, brick earth, chalk, gravel and 
 sand when found under the surface and not 
 lying loosely upon it. 
 
 The following substances have been held 
 to be minerals: Brick clay, 22 Q. D. B. 555; 
 58 L J. Q; B. 573; whether got under 
 ground or by open workings, 51 L. J. Ch. 
 570; 55 L. J. Ch. 745; 5 App. Ca. 820; 43 
 L. T. 513; chhia clay, 417 L. J. Ch: 761; 
 coal and ironstone, 35 L. J. Ch. 337; 37 Ch. 
 D. 386; 15 App. Ca. 19; coprolites, 46 L. J. 
 Ch. 654; 5 Ch. D. 750; freestone and lime- 
 stone got by open workings, 1 Shaw, App. 
 225; 9 Ir. C. L. Rep. 223; granite, 1 Times 
 Rep. 549; oil and gas, 233 111. 62; 240 111. 
 367; stone got by quarrying, 4 Eq. Cas. 19; 
 14 M. & W. 859; 20 L. J. Ex. 313; 6 Ex. 
 644; 17 L. T. O. S. 185; petroleum, 237 111. 
 337; stratum of clay, 1 Ch. 427. 
 
 The following have been held not to be 
 minerals: Boat, ancient and embedded, but 
 unpetrified, 55 L. J. Ch.; 33 Ch. D.; brine 
 formed by the percolation of rain-water 
 through rock salt, 26 S. J. 359; clay and 
 sand, 48 L. J. P. C. 36; 4 App. Ca. 294; 
 40 L, T. 764; clay subsoil, 13 App. Ca. 657; 
 37 W. R. 627; 31 L. J. C. P. 201; freestone 
 quarry, 1 Shaw App. 225; limestone, 9 Ir. 
 C. L. Rep. 223. 
 
 MINERATOR. In old records. A miner. 
 
 MINIMA POENA CORPORALIS EST MA- 
 jor quallbet pecuniaria. The smallest bod- 
 ily punishment is greater than any pecuni- 
 ary one. 2 Inst. 220. 
 
 MINIME MUTANDA SUNT QUAE CER- 
 tam habuerunt Interpretatlonem. Things 
 which have had a certain interpretation are 
 to be altered as little as possible. Co. Litt. 
 365. 
 
 MINIMENT. An old form of muniments 
 (g. V.) Blount. 
 
 The least possible quantity, amount or 
 degree that can be assigned in a given case 
 or under fixed -conditions. 283 111. 554. 
 
 MINIMUM EST NIHILO PROXIMUM. 
 The least is next to nothing. Bac. Arg. 
 Low's Case of Tenures. 
 
 MINING PARTNERSHIP. An association 
 between the tenants in common of a mine, 
 who work it together, and divide the profits 
 in proportion to their several interests. 1 
 Mont. 224; 23 Cal. 198. 
 
 It has been said not to be a true partner- 
 ship, but rather a cross between a tenancy 
 in common and a partnership proper 
 (Bates, Partn. § 14. And see 35 Cal. 365), 
 for the reason that it has no delectus per- 
 sonarum. 102 U. S. 641; 52 Cal. 540. 
 
 MINISTER. 
 
 In Governmental Law. An officer who 
 
 is placed near the sovereign, and is invested 
 with the administration of some one of the 
 principal branches of the government. 
 
 Ministers are responsible to the king or 
 other supreme magistrate who has ap- 
 pointed them. 4 Conn. 134. 
 
 —In Ecclesiastical Law. One ordained 
 by some church to preach the Gospel. 
 
 Ministers are authorized in the United 
 States, generally, to solemnize marriage, 
 and are liable to fines and penalties for 
 marrying minors contrary to the local regu- 
 lations. As to the right of ministers or 
 parsons, see 8 Am. Jur. 268; Shep. Touch. 
 (Anthon~Ed.) 564; 2 Mass. 500; 10 Mass. 
 97; 14 Mass. 333; 11 Me. 487. 
 
 In International Law. An officer ap- 
 pointed by the government of one nation, 
 with the consent of two other nations who 
 have a matter in dispute, with a view by his 
 interference and good office to have such 
 matter settled. 
 
 A liame given to public functionaries who 
 represent their country with foreign gov- 
 ernments, including ambassadors, envoys, 
 and residents. 
 
 A custom of recent origin has introduced 
 a new kind of ministers, without any par- 
 ticular determination of character. These 
 are simply called "ministers," to indicate 
 that they are invested with the general 
 character of a sovereign's mandatories, 
 without any particular assignment of rank 
 or character. 
 
 The minister represents his government 
 in a vague and indeterminate manner, 
 which cannot be equal to the first degree, 
 and he possesses all the rights essential to 
 a public minister. 
 
 There are also "ministers plenipotenti- 
 ary," who, as they possess full powers, are 
 of much greater distinction than simple 
 ministers. These, also, are without any 
 particular attribution of rank and charac- 
 ter, but by custom are now placed imme- 
 diately below the ambassador, or on a level 
 with the envoy extraordinary. Vattel, liv. 
 4, c. 6, § 74; 1 Kent, Comm. (10th Ed.) 48; 
 Merlin, Repert. 
 
 Formerly no distinction was made in the 
 different classes of public ministers, but the 
 modern usage of Europe introduced some 
 distinctions in this respect, which, on ac- 
 
MINISTERIAL 
 
 661 
 
 MINUS SOLVIT 
 
 count of a want of precision, became a 
 source of controversy. To obviate these, 
 the congress of Vienna, and that of Aix-la- 
 Chapelle, put an end to these disputes by 
 classing ministers as follows: (1) Ambas- 
 sadors and papal legates or nuncios; (2) 
 envoys, ministers, or others accredited to 
 sovereigns {aupres des souverains) ; (3) 
 ministers resident, accredited to sovereigns; 
 (4) Charges d'Affaires, accredited to the 
 minister of foreign affairs. Recez du Con- 
 gres de Vienne, du 19 Mars, 1815; Protocol 
 du Con^res d'Aix-la-Chapelle, du 21 No- 
 vembre, 1818; Wheaton, Int. Law, pt. 3, c. 
 1, § 6. See "Ambassador." 
 
 MINISTERIAL. That which Is done un- 
 der the authority of a superior; opposed to 
 judicial; as, the sheriff is a ministerial 
 officer bound to obey the judicial commands 
 of the court. 
 
 When an officer acts in both a judicial 
 and ministerial capacity, he may be com- 
 pelled to perform ministerial acts in a par- 
 ticular way; but when he acts in a judicial 
 capacity, he can only be required to pro- 
 ceed; the manner of doing so is left entirely 
 to his judgment. 10 Me. 377; Bac. Abr. 
 "Justices of the Peace" (E) ; 1 Conn. 295; 
 3 Conn. 107; 9 Conn. 275; 12 Conn. 464. 
 See "Mandamus." 
 
 MINISTERIAL OFFICE. Ministerial 
 offices are those which give the officer no 
 power to judge of the matter to be done, 
 and which require him to obey some 
 superior, many of which are merely em- 
 ployments requiring neither a commission 
 nor a warrant of appointment, as tempor- 
 ary clerks or messengers. 7 Court of 
 Claims R. 293. 
 
 MINISTERIAL POWERS. A phrase used 
 in English conveyancing to denote powers 
 given for the good, not of the donee him- 
 self exclusively, or of the donee himself 
 necessarily at all, but for the good of sev- 
 eral persons, including or not including the 
 donee also. They are so called because 
 the donee of them is as a minister or serv- 
 ant in his exercise of them. 
 
 MINISTERIAL TRUSTS. Those which de- 
 mand no further exercise of reason or un- 
 derstanding than every intelligent agent 
 must necessarily employ; as, to convey an 
 estate. They are a species of special trusts, 
 distinguished from discretionary trusts, 
 which necessarily require much exercise of 
 the understanding. 2 Bouv. Inst, note 1896. 
 Called, also, "instrumental trusts." 
 
 MINISTRANT. The party cross-examin- 
 ing a witness was so called, under the old 
 system of the ecclesiastical courts. 
 
 MINISTRI REGIS (Lat.) In old English 
 law. Ministers of the king, applied to the 
 judges of the realm, and to all those who 
 hold ministerial offices in the government. 2 
 Inst. 208. 
 
 MINOR (Lat. less; younger). A minor; 
 one not a major, i. e., not twenty-one. 2 
 Inst. 291; Co. Litt. 88, 128, 172b; 6 Coke, 
 67; 3 Bulst. 143; Bracton, 340b; Fleta, lib. 
 2, c. 60; § 26. 
 
 Of less consideration; lower. Calv. Lex. 
 "Major" and "minor" belong rather to civil 
 law. The common-law terms are "adult" 
 and "infant." 
 
 MINOR AETAS (Lat.) Minority or Infan- 
 cy. Cro. Car. 516. Literally, lesser age. 
 
 MINOR ANTE TEMPUS AGERE NON 
 potest in casu proprietatis, nee etiam conve- 
 nire. A minor before majority cannot act In 
 a case of property, nor even agree. 2 Inst. 
 291. 
 
 MINOR FACT. In the law of evidence. A 
 relative, collateral or subordinate fact; a 
 circumstance. Wills, Circ. Ev. 27; Burrill, 
 Circ. Ev. p. 121, note 582. 
 
 MINOR JURARE NON POTEST. A minor 
 cannot make oath. Co. Litt. 172b. An infant 
 cannot be sworn on a jury. Litt. 289. 
 
 MINOR MINOREM CUSTODIRE NON 
 debet; alios enim praesumitur male regere 
 qui seipsum regere nescit. A minor ought 
 not to be guardian of a minor, for he is pre- 
 sumed to govern others ill who does not 
 know how to govern himself. Co. Litt. 88. 
 
 MINOR NON TENETUR RESPONDERE 
 durante minori aetati; nisi in causa dotis, 
 propter favorem. A minor is not bound to 
 answer during his minority, except as a mat- 
 ter of favor in a cause of dower. 3 Bulst. 
 143. 
 
 MINOR, QUI INFRA AETATEM 12 AN- 
 norum fuerit, utiagari non potest, nee extra 
 legem poni, quia ante talem aetatem, non 
 est sub lege aiiqua, nee in decenna. A minor 
 who is under twelve years of age cannot be 
 outlawed, nor placed without the laws, be- 
 cause, before such age, he is not under any 
 laws, nor in a decennary. Co. Litt. 128. 
 
 MINOR 17 ANNIS, NON ADMITTITUR 
 fore exeeutorem. A minor under seventeen 
 years of age is not admitted to be an execu- 
 tor. 6 Coke, 67. 
 
 MINORITY. The state or condition of a 
 minor; a status; infancy, depending for its 
 existence upon the laws of the state in which 
 the person is domiciled. 57 111. App. 496. 
 
 The lesser number of votes of a delibera- 
 tive assembly; opposed to "majority {q. v.) 
 
 M I NT. The place designated by law where 
 money is coined by authority of the govern- 
 ment. 
 
 MINTAGE. The charge at the mint for 
 coining. 
 
 MINUS SOLVIT, QUI TARDIUS SOLV- 
 it; nam et tempore minus solvitur. He does 
 not pay who pays too late; for, from the de- 
 lay, he is judged not to pay. Dig. 50. 16. 
 12. 1. 
 
MINUTE 
 
 662 
 
 MISCREANT 
 
 MINUTE. 
 
 In Measures. In divisions of the circle 
 
 or angular measures, a minute is equal to 
 sixty seconds, or one-sixtieth part of a de- 
 gree. 
 
 In the computation of time, a minute is 
 equal to sixty seconds, or the sixtieth part 
 of an hour. See "Measure." 
 
 In Practice. A memorandum of what 
 
 takes place in court, made by authority of 
 the court. From these minutes the record 
 is afterwards made up. 
 
 TouUier says they are so called because 
 the writing in which they were originally 
 was small; that the word is derived from 
 the Latin minuta (scriptura) , in opposition 
 to copies which were delivered to the parties, 
 and which were alWays written in a larger 
 hand. 8 TouUier, Dr. Civ. note 413. 
 
 Minutes are not considered as any part of 
 the record. 1 Ohio, 268. See 23 Pick. 
 (Mass.) 184, though in some states, notably 
 New York, they are by statute made part of 
 the judgment-roll. Code Crim. Proc. N. Y. 
 § 485. 
 
 MINUTE BOOK. A book kept by the clerk 
 or prothonotary of a court, in which min- 
 utes of its proceedings are entered. 
 
 MINUTE TITHES. Small tithes, usually 
 belonging to the vicar; e. g., eggs, honey, 
 wax, etc. 3 Burn, Ecc. Law, 680; 6 & 7. 
 Wm. IV. c. 71, §§ 17, 18, 27. 
 
 MINUTES. 
 
 In Scotch Practice. A pleading put in- 
 to writing before the lord ordinary, as the 
 ground of his judgment. Bell, Diet. 
 
 In Business Law. Memoranda or 
 
 notes of a transaction or proceeding. Thus, 
 the record of the proceedings at a meeting 
 of directors or shareholders of a company 
 is called the "minutes." 
 
 MINUTIO. In the civil law. Diminution. 
 
 MIRROR DES JUSTICES. The Mirror of 
 Justices, a treatise written during the reign 
 of Edward II.. Andrew Home is its reputed 
 author. It was first published in 1642, and 
 in 1768 it was translated into English by 
 William Hughes. Some diversity of opinion 
 seems to exist as to its merits. Pref. to 9 
 and 10 Coke. As to the history of this cele- 
 brated book, see St, Armand's Essays on the 
 Legislative Power of England, 58, 59. 
 
 MISA. 
 
 In Old English Law. The raise or is- 
 sue in a writ of right. Spelman. 
 
 In Old Records. A compact or agree- 
 ment; a form of compromise. Cowell. 
 
 MISADVENTURE. An accident by which 
 an injury occurs to another. 
 
 When applied to homicide, misadventure 
 is the act of a man who, in the perform- 
 ance of a lawful act, without any intention 
 to do harm, and after using proper precau- 
 tion to prevent danger, unfortunately kills 
 another person. The act upon which the 
 
 death ensues must he neith^ malwm in se 
 nor malum prohibitum. The usual exam- 
 ples under this head are: (1) When the 
 death ensues from innocent recreations; 
 (2) from moderate and lawful correction 
 in foro domestico; (3) from acts lawful and 
 indifferent in themselves, done with proper 
 and ordinary caution. 4 Bl. Comm. 182; 1 
 East, P. C. 221. See "Homicide;" "Man- 
 slaughter." 
 
 MISALLEGE. To cite falsely as a proof or 
 argument. 
 
 MISAPPROPRIATION. Wrongful conver- 
 sion of property by one to whom it has been 
 intrusted. Steph. Dig. Crim. Law, 275. 
 
 Somewhat similar to embezzlement in 
 certain cases, as the misapplication cf funds 
 intrusted to a person for a particular pur- 
 pose, by devoting them to some unauthor- 
 ized purpose. 108 Cal. 426. 
 
 MISBEHAVIOR. Improper or unlawful 
 conduct. See 2 Mart. (La.; N. S.) 683. 
 
 Generally applied to a breach of duty or 
 propriety by an officer, witness, juror, etc., 
 not amounting to a crime. 
 
 MISCARRIAGE. 
 
 In Medical Jurisprudence. The expul- 
 sion of the ovum or embryo from the uterus 
 within the first six weeks after conception. 
 Between that time, and before the expiration 
 of the sixth month, when the child may pos- 
 sibly live, it is termed "abortion." When 
 the delivery takes place soon after the sixth 
 month, it is denominated "premature labor." 
 But the criminal act of destroying the foe- 
 tus at any time before birth is termed, in 
 law, "procuring miscarriage." Chit. Med. 
 Jur. 410; 2 Dungl. Hum. Phys. 364. See 
 "Abortion." 
 
 In Practice. A term used in the stat- 
 ute of frai^ds to denote that species of 
 wrongful act for the consequences of which 
 the wrongdoer would be responsible at law 
 in a civil action. 2 Bam. & Aid. 613; 2 
 Day (Conn.) 457; 63 N. C. 198; Browne, 
 St. Frauds, § 155. 
 
 MISCASTING. An error in auditing and 
 numbering. It does not include any pretend- 
 ed miscasting or misvaluing. 4 Bouv. Inst, 
 note 4128. 
 
 MISCEGENATION. Marriage between 
 persons of different races. 
 
 MISCOGNIZANT. Ignorant, or not know- 
 ing. St. 32 Hen. VIII. c. 9. Little used. 
 
 MISCONTINUANCE. In practice. A con- 
 tinuance of a suit by undue process. Its ef- 
 fect is the same as a discontinuance. 2 
 Hawk. P. C. 299; Kitch. Cts. 231; Jenk. 
 Cent. Cas. 57. 
 
 MISCREANT. In old English law. An 
 apostate; an unbeliever; one who totally re- 
 nounced Christianity. 4 Bl. Comm, 44. 
 
MISCREAUNTES 
 
 663 
 
 MISPLEADING 
 
 MISCREAUNTES. (L. Fr.) In old Eng- 
 lish law. Apostates; unbelievers; infidels. 
 Classed by Britton with the worst crimi- 
 nals ; as murderers, robbers, prison-break- 
 ers, sorcerers, poisoners, etc. Britt. c. 29. 
 Hence the term miscreant, 4 Bl. Comm. 44. 
 
 MISDEMEAN. In old English law. To 
 use improperly; to abuse. "If he misde- 
 mean an authority." Finch, Law, bk. 1, c. 3, 
 No. 63. 
 
 MISDEMEANMENT. A person guilty of a 
 misdemeanor. 
 
 MISDEMEANOR. Every offense inferior 
 to felony. See "Felony." 
 
 MISE (Lat. mittere, through the French 
 mettre, to place). 
 
 In Pleading. The issue in a writ ot 
 
 right. The tenant in a writ of right is said 
 to "join the mise on the mere right" when 
 he pleads that his title is better than the de- 
 mandant's. 2 Wm. Saund. 45h, 45i. It was 
 equivalent to the general issue; and every- 
 thing except collateral warranty might be 
 given in evidence under it by the tenant. 
 Booth, Real Actions, 98, 114; 3 Wils. 420; 7 
 Wheat. (U. S.) 31; 3 Pet. (U.S.) 133; 7 
 Cow. (N. y.) 52; 10 Grat. (Va.) 350. The 
 payee in aid, on coming into court, joined 
 in the mise together with the tenant. 2 Wm. 
 Saund. 45d, note. It was the more common 
 practice, however, for the demandant to 
 traverse the tenant's plea when the cause 
 could be tried by a common jury instead of 
 the grand assize. 
 
 In Practice. Expenses. It is so com- 
 monly used in the entries of judgments, in 
 personal actions; as, when the plaintiff re- 
 covers, the judgment is quod recuperet dam- 
 na Sim, that he recovers his damages, and 
 pro mises et etistagiis, for costs and charges, 
 so much, etc. 
 
 MISERA EST SERVITUS, UBI JUS EST 
 vagum aut incertum. It is a miserable slav- 
 ery where the law is vague or uncertain. 4 
 Inst. 246; 9 Johns. (N. Y.) 427; 11 Pet. 
 (U. S.) 286. . 
 
 MISERABILE DEPOSITUM (Lat.) In civ- 
 il law. The name pf an involuntary deposit, 
 made under pressing necessity; as, for in- 
 stance, shipwreck, fire, or other inevitable 
 calamity. Poth. Proc. Civ. pt. 5, c. 1, i 1; 
 Code La. art. 2935. 
 
 MISERERE. The name and first word of 
 one of the penitential psalms (Ps. li., 1) , 
 being that which was commonly used to be 
 given by the ordinary to such condemned 
 malefactors as were allowed the benefit of 
 clergy; whence it is also called the "psalm 
 of mercy." Wharton. 
 
 MI8ERIC0RDIA (Lat) An arbitrary or 
 discretionary amercement. 
 
 To be in mercy is to be liable to such pun- 
 ishment as the judge may, in his discretion, 
 inflict According to Spalman, mi»erioord 
 
 is so called because the party is in mercy, 
 and to distinguish this fine from redemp- 
 tions, or heavy fines. Spelman. See Co. 
 Litt. 126b; Madd. c. 14. 
 
 MISERICORDIA COMMUNIS. In old Eng- 
 lish law. A fine on the whole commtinity. 
 
 MISFEASANCE. The performance of an 
 act which might lawfully be done, in an im- 
 proper manner, by which another person re- 
 ceives an injury. 
 
 It differs from malfeasance or nonfeas- 
 ance. See, generally, 2 Viner, Abr. 35 ; 2 
 Kent, Comm. 443; Doct. Plac. 62; Story, 
 Bailm. § 9, 
 
 It seems to be settled that there is a dis- 
 tinction between misfeasance and nonfea- 
 sance in the case of mandates. In cases of 
 nonfeasance, the mandatary is not generally 
 liable, because, his undertaking being gra- 
 tuitous, there is no consideration to support 
 it, but in cases of misfeasance the common 
 law gives a remedy for the injury done, and 
 to the extent of that injury. 5 Term R. 
 143; 4 Johns. (N. Y.) 81; 2 Johns. Cas. (N. 
 Y.) 92; 1 Esp. 74; 2 Ld. Raym. 909; Story, 
 Bailm. § 165; Bouv. Inst. Index. 
 
 MISFORTUNE. An adverse event not im- 
 mediately dependent on the action or will of 
 him who suffers from it, and of such a char- 
 acter that no prudent man would take it 
 into his calculation in reference to the in- 
 terest of himself or of others. 
 
 Homicide by misfortune. See "Excusable 
 Homicide." 
 
 MISJOINDER. An improper joinder, 
 whether of actions, causes of action, of- 
 fenses, parties, etc. See "Joinder." 
 
 MISKENNING (Fr. mis, wrong, and Sax- 
 on cennan, summon). A wrongful citation; 
 a variance in a plea. 1 Mon. Angl. 237; 
 Chart. Hen. II.; Jacob; Du Cange. 
 
 MISNOMER. The use of a wrong name in 
 designating any person in any instrument or 
 proceeding. In contracts and deeds, a mis- 
 nomer is generally immaterial if the person 
 intended can be ascertained. 11 Coke, 20; 
 1 Ld. Raym. 304. 
 
 In a pleading, a misnomer of a party is 
 ground of abatement, while misnomer of a 
 third person is or is not a fatal variance, ac- 
 cordingly as it is or is not material. See 
 "Idem Sonans." 
 
 MISPLEADING. Pleading incorrectly, or 
 omitting anything in pleading which is es- 
 sential to the support or defense of an ac- 
 tion, is so called. 198 111. 466. 
 
 Pleading "Not guilty" to an action of 
 debt is an example of the first; setting out 
 a defective title is an example of the second. 
 See 3 Salk. 865. 
 
 It comprehends misdeclaring, whether the 
 error is in separate counts, or in the mis- 
 joining of counts. 22 Wend. (N. Y.) 869, 
 375. 
 
MISPRISION 
 
 664 
 
 MITIGATION 
 
 MISPRISION. In criminal law. A term 
 used to signify every considerable misde- 
 meanor which has not a certain name given 
 to it by law. 3 Inst. 36. 
 
 The concealment of a crime. 
 
 Misprision of felony is the like conceal- 
 ment of felony, without giving any degree of 
 maintenance to the felon (Act Cong. April 
 30, 1790, § 6; 1 Story, U. S. Laws, 84) ; for 
 if any aid be given him, the party becomes 
 an accessory after the fact. 
 
 Misprision of treason is the concealment 
 of treason by being merely passive. Act 
 Cong. April 30, 1790 (1 Story, U. S. Laws, 
 83; 1 East, P. C. 139). If any assistance 
 be given to the traitor, it makes the party 
 a principal, as there are no accessorifes in 
 treason. 
 
 Negative misprision consists in the con- 
 cealment of something which ought to be 
 revealed. 
 
 Positive misprision consists in the com- 
 mission of something which ought not to be 
 done. 4 Bl. Comm. c. 9. 
 
 MISRECITAL. The incorrect recital of a 
 matter of fact, either in an agreement or a 
 plea. Under the latter term is here under- 
 stood the declaration and all the subsequent 
 pleadings. See "Recital." 
 
 MISREPRESENTATION. The assertion 
 of that which is not true. 
 
 The nature of misrepresentations to en- 
 title a party injured thereby varies with 
 the nature of the relief sought, but in gen- 
 eral the misrepresentation for which relief 
 will be granted must be a vrillfuUy false 
 statement respecting a matter of fact (not 
 of law or opinion), which was reasonably 
 calculated to mislead the party to his preju- 
 dice in respect to the business in hand, and 
 which did actually have that effect. 
 
 MISSILIA (Lat. from mittere, to send or 
 throw) . In the Roman law. Gifts or liber- 
 alities, which the praetors and consuls were 
 in the habit of throwing among the people. 
 Inst. 2. 1. 45. 
 
 MISSING SHIP. A ship which has been 
 at sea and unheard from for so long a time 
 as to give rise to the presumption that she 
 has perished with all on board. 
 
 There is no precise time fixed as to when 
 the presumption is to arise; and this must 
 depend upon the circumstances of each case. 
 2 Strange, 1199; Park, Ins. 63; Marsh. Ins. 
 488; 2 Johns. (N. Y.) 150; 1 Caines (N. Y.) 
 525; Holt, 242. 
 
 MISSIO (Lat. from mittere, to send or 
 put). In the civil law. A sending or put- 
 ting. Missio in bona, a putting the creditor 
 in possession of the debtor's property. 1 
 Mackeld. Civ. Law, 378, § 344; 4 Reeve, 
 Hist. Eng. Law, 20; 2 Karnes, Eq. 208. 
 
 Missio judieum in consilium, a sending out 
 of the judioes (or jury) to make up their 
 sentence. Halifax, Anal. bk. 3, c. 13, No. 
 31. 
 
 MISSIVES. In Scotch practice. Writings 
 passed between parties as evidence of a 
 transaction. Bell, Diet. 
 
 MISSTAICUS (Lat.) In old records. A 
 messenger. 
 
 MISTAKE. An erroneous conception, con- 
 viction, or belief in respect to matter of 
 either fact or law, arising from ignorance, 
 surprise, imposition, or misplaced confi- 
 dence. See Story, Eq. Jur. § 110. 159 Iowa 
 529. 
 
 That result of ignorance of law or fact 
 which has misled a person to commit that 
 which, if he had not been in error, he would 
 not have done. Jeremy, Eq. Jur. bk. 2, pt. 2, 
 p. 358. An erroneous mental condition, con- 
 ception, or conviction induced by a misap- 
 prehension of the truth, without which the 
 act complained of would not have taken 
 place. 159 Iowa 529. 
 
 Distinction between "mistake" and "igno- 
 rance," see "Ignorance." 
 
 MISTAKE OF FACT. Mistake of fact has 
 been defined to be a mistake, not caused 
 by the neglect of a legal duty on the part 
 of the person making the mistake, and con- 
 sisting in an unconscious ignorance or for- 
 getfulness of a fact, past or present, ma- 
 terial to the contract, or belief in the pres- 
 ent existence of a thing material to the con- 
 tract which does not exist, or in the past 
 existence of a thing which has not existed. 
 151 111. 224. 
 
 MISTAKE OF LAW. An erroneous con- 
 clusion as to the legal effect of known facts. 
 151 111. 223. 
 
 MISTERY. An old form of mystery (q. 
 
 V.) 
 
 MISTRESS. The style of the wife of an 
 esquire or gentleman. 
 
 MISTRIAL. A trial which Is erroneous 
 on account of some defect in the persons 
 trying, as if the jury come from the wrong 
 county, or because there was no issue 
 formed, as if no plea be entered, or some 
 other defect of jurisdiction. 3 Croke, 284; 
 2 Maule & S. 270. 
 
 MISUSER. An unlawful use of a right. 
 
 In cases of public offices and franchises, a 
 misuser is sufiicient to cause the right to be 
 forfeited. 2 Bl. Comm. 153; 5 Pick. (Mass.) 
 163. 
 
 MITIGATION. Reduction; diminution; 
 lessening of the amount of a penalty or 
 punishment. 
 
 Circumstances which do not amount to a 
 justification or excuse of the act committed 
 may yet be properly considered in mitiga- 
 tion of the punishment; as, for example, the 
 fact that one who stole a loaf of bread was 
 starving. 
 
 In actions for the recovery of damages, 
 matters may often be given in evidence m 
 
MITIOR SENSUS 
 
 665 
 
 MIXTUM IMPERIUM 
 
 mitigation of damages which are no answer 
 to the action itself. See "Damages;" "Char- 
 acter." 
 
 MITIOR SENSUS. See "In Mltlorl Sen- 
 su." 
 
 MITIUS IMPERANTI MELIUS PARE- 
 
 tur. The more mildly one commands, the 
 better is he obeyed. 3 Inst. 24. 
 
 MITTENDO MANUSCRIPTUM PEDIS 
 finis. An abolished judicial writ addressed 
 to the treasurer and chamberlain of the ex- 
 chequer to search for and transmit the foot 
 of a fine aclcnowledged before justices in 
 eyre into the common pleas. Reg. Orig. 14. 
 
 MITTER (Law Fr.) To put, to send, or to 
 pass; as, mitter V estate, to pass the estate; 
 mitter le droit, to pass a right. 2 Bl. Comm. 
 324; Bac. Abr. "Release" (C) ; Co. Litt. 
 193, 278b. Mitter a large, to put or set at 
 large. 
 
 MITTER AVANT (Law Fr.) In old prac- 
 tice. To put before; to present before a 
 court; to produce in court. Mist avant un 
 fait, produced a deed. Y. B. M. 5 Edw. III. 
 119. 
 
 MITTIMUS. 
 
 In Old English Law. A writ inclosing 
 
 a record sent to be tried in a county pala- 
 tine. It derives its name from the Latin 
 word mittimus, "we send." It is the jury 
 process of these counties, and commands the 
 proper oflBcer of the county palatine to com- 
 mand the sheriff to summon the jury for the 
 trial of the cause, and to return the record, 
 etc. 1 Mart. (La.) 278; 2 Mart. (La.) 88. 
 
 In Criminal Practice. A precept in 
 
 writing, under the hand and seal of a jus- 
 tice of the peace, or other competent officer, 
 directed to the jailer or keeper of a prison, 
 commanding him to receive and safely keep 
 a person charged with an offense therein 
 named, until he shall be delivered by due 
 course of law. Co. Litt. 590. 
 
 MIXED ACTION. In practice. An action 
 partaking of the nature both of a real and 
 of a personal action, by which real property 
 is demanded, and also damages for a wrong 
 sustained. An ejectment is of this nature. 
 4 Bouv. Inst, note 3650. See "Action." 
 
 MIXED CONTRACT. In civil law. A con- 
 tract in which one of the parties confers a 
 benefit on the other, and requires of the lat- 
 ter something of less value than what he 
 has given; as, a legacy charged with some 
 thing of less value than the legacy itself. 
 Poth. Obi. note 12. 
 
 MIXED GOVERNMENT. A government 
 established with some of the powers of a 
 monarchical, aristocratical, and democrati- 
 cal government. 
 
 MIXED JURY. A bilingual jury; a jury of 
 the half -tongue. 
 
 Also a jury composed partly of negroes 
 and partly of white men. 
 
 MIXED LARCENY. Compound larceny. 
 See "Larceny." 
 
 MIXED LAWS. A name sometimes given 
 to those which concern both persons and 
 property. 
 
 MIXED PRESUMPTIONS. Presumptions 
 partaking of the nature both of presump- 
 tions of law and presumptions of fact; i. e., 
 presumptions of fact recognized by law. 
 
 MIXED PROPERTY. That kind of prop- 
 erty which is not altogether real nor per- 
 sonal, but a compound of both. Heirlooms, 
 tombstones, monuments in a church, and 
 title deeds to an estate, are of this nature. 
 1 Bl. Comm. 428; 3 Barn. & Adol. 174; 4 
 Bing. 106. See "Mixed Subjects of Prop- 
 erty." 
 
 MIXED SUBJECTS OF PROPERTY. Such 
 as fall within the definition of things real, 
 but which are attended, nevertheless, with 
 some of the legal qualities of things person- 
 al, as emblements, fixtures, and shares in 
 public undertakings, connected with land. 
 Besides these, there are others wftich, 
 though things personal in point of definition, 
 are, in respect of some of their legal quali- 
 ties, of the nature of things real; such are 
 animals, ferae naturae, charters ^nd deeds, 
 court rolls, and other evidences of the land, 
 together with the chests in which they are 
 contained, ancient family pictures, orna- 
 ments, tombstones, coats of armor, with 
 pennons and other ensigns, and especially 
 heirlooms. Wharton. 
 
 MIXED TITHES. In ecclesiastical law. 
 "Those which arise not immediately from 
 the ground, but from those things which are 
 nourished by the ground;" e. g., colts, chick- 
 ens, calves, milk, eggs, etc. 3 Burn, Ecc. 
 Law. 380; 2 Bl. Comm. 24. 
 
 MIXED WAR. A mixed war is one which 
 is made on one side by public authority, 
 and on the other by mere private persons. 
 1 Hill (N. Y.) 377, 416. 
 
 MIXTION. The putting of different goods 
 or chattels together in such a manner that 
 they can no longer be separated; as, putting 
 the wines of two different persons into the 
 same barrel, the grain of several persons 
 into the same bag, and the like. 
 
 The intermixture may be occasioned by 
 the willful act of the party, or owner of one 
 of the articles, by the willful act of a 
 stranger, by the negligence of the ovroer or 
 a stranger, or by accident. See "Confu- 
 sion." 
 
 MIXTUM IMPERIUM (Lat.) In old Eng- 
 lish law. Mixed authority; a kind of civil 
 power. A term applied by Lord Hale to 
 the "power" of certain subordinate civil 
 magistrates, as distinct from "jurisdiction." 
 Hale, Anal. § 11. 
 
MOB 
 
 666 
 
 MODUS DECIMANDI 
 
 MOB. An unorganized assemblage of 
 many persons bent on unlawful violence; a 
 riot involving a multitude. Abbott. 
 
 MOBBING AND RIOTING. In Scotch law. 
 A general term, including all those convoca- 
 tions of the lieges for violent and unlawful 
 purposes which are attended with injury to 
 the persons or property of the lieges, or ter- 
 ror and alarm to the neighborhood in which 
 it takes place. The two phrases are usually 
 placed together ; but, nevertheless, they have 
 distinct meanings, and are sometimes used 
 separately in legal language, — the word 
 "mobbing" being peculiarly applicable to the 
 unlawful assemblage and violence of a num- 
 ber of persons, and that of "rioting" to the 
 outrageous behavior of a single individual. 
 Alls. Crim. Law, c. 23, p. 509. 
 
 MOBILIA. See "Movables." 
 
 MOBILIA NON HABET SITUM. Mova- 
 ables have no situs. 4 Johns Ch. (N. Y.) 
 472. 
 
 MOBILIA PERSONAM SEQUUNTUR; 
 immobilia situm. Movable things follow the 
 person; immovable, their locality. Story, 
 Confl. Laws (3d Ed.) 638, 639. 
 
 MOBILIA SEQUUNTUR PERSONAM. 
 
 Movables follow the person. Story, Confl. 
 Laws (3d Ed.) 638, 639; Broom, Leg. Max. 
 (3d London Ed.) 462. 
 
 MODALIS. (L. Lat. from modus). In 
 old English law. Having the character of 
 a modus; qualified; enlarged or restricted. 
 
 MODERAMEN INCULPATAE TUTELAE 
 (Lat.) In Roman law. The regulation of 
 justifiable defense. A term used to express 
 that degree of force in defense of the per- 
 son or property which a person might safe- 
 ly use, although it should occasion the death 
 of the aggressor. Calv. Lex.; Bell, Diet. 
 
 MODERATA MISERICORDIA. A writ 
 founded on Magna Charta, which lies for 
 him who is amerced in a court, not of rec- 
 ord, for any transgression beyond the qual- 
 ity or quantity of the offense. * It is ad- 
 dressed to the lord of the court, or h^s 
 bailiff, commanding him to take a moderate 
 amerciament of the parties. New Nat. Brev. 
 167; Fitzh. Nat. Brev. 76. 
 
 MODERATE CASTIGAVIT. In pleading. 
 The name of a plea in trespass by which 
 the defendant justifies an assault and bat- 
 tery, because he moderately corrected the 
 plaintiff, whom he had a right to correct. 
 2 Chit. PI. 576; 2 Bos. & P. 224; 15 Mass. 
 347; 2 Phil. Ev. 147; Bac. Abr. "Assault" 
 (C). 
 
 This plea ought to disclose, in general 
 terms, the cause which rendered the cor- 
 rection expedient. 3 Salk. 47. 
 
 MODERATOR. A person appointed to 
 preside at a popular meeting. Sometimes 
 he is called a "chairman." The presiding 
 
 officer of town meetings in New England Is 
 so called. 
 
 MODICA CIRCUMSTANTIA FACTI JUS 
 
 mutat. A small circumstance attending an 
 act may change the law. 
 
 MODIUS (Lat.) In old English law. A 
 bushel. Cowell ; Spelman. 
 
 A larger measure, of uncertain quantity. 
 Id. 
 
 A measure of land. Id. 
 
 MODO ET FORMA (Lat. in manner and 
 form). In pleading. Technical words used 
 to put in issue such concomitants of the 
 principal matters as time, place, etc., where 
 these circumstances were material. Their 
 use when these circumstances were imma- 
 terial was purely formal. The words were 
 translated literally, when pleadings began 
 to be made in English, by "in manner and 
 form." See Lawes, PI. 120; Gould, PI. c. 
 6, § 22; Steph. PL 213; Dane, Abr. Index; 
 Viner, Abr. "Modo et forma." 
 
 MODUS. 
 
 In Civil Law. Manner; means; way. 
 
 Ainsworth. A rhythmic song. Du Cange. 
 
 In Old Conveyancing. Manner; e. g., 
 
 the manner in which an estate should be 
 held, etc. A qualification, whether in restric- 
 tion or enlargement of the terms of the in- 
 strument; especially with relation to the 
 kind of grant called "donatio," — ^the making 
 those quxtsi heirs who were not in fact heirs, 
 according to the ordinary form of such con- 
 veyances. And this modus or qualification 
 of the ordinary form became so common as 
 to give rise to the maxim, modus et conven- 
 tio vincunt legem. Co. Litt. 19a; Bracton, 
 17b; 1 Reeve, Hist. Eng. Law, 293. A con- 
 sideration. Bracton, 17, 18. 
 
 In Ecclesiastical Law. A peculiar man- 
 ner of tithing, growing out of custom. See 
 "Modus Decimandi." 
 
 MODUS DE NON DECIMANDO. In eccle- 
 siastical law. A custom or prescription not 
 to pay tithes, which is not good, except in 
 case of abbey lands. 2 Bl. Comm. 31, note. 
 
 MODUS DE NON DECIMANDO NON VA- 
 let. A modus (prescription) not to pay 
 tithes is void. Lofft, 427; Cro. Eliz. 611; 2 
 Bl. Comm. 31. 
 
 MODUS DECIMANDI. In ecclesiastical 
 law. A peculiar manner of tithing, arising 
 from immemorial usage, and differing from 
 the payment of one-tenth of the annual in- 
 crease. 
 
 To be a good modus, the custom must be, 
 first, certain and invariable; second, benefi- 
 cial to the parson; third, a custom to pay 
 something different from the thing com- 
 pounded for; fourth, of the same species; 
 fifth, the thing substituted must be in its 
 nature as durable as the tithes themselves; 
 sixth, it must not be too large, — ^that would 
 be a rank m,odus. 2 Bl. Comm. 30. See 2 & 
 3 Wm. IV. c. 100; 13 Mees. & W. 822. 
 
MODUS ET CONVENTIO 
 
 667 
 
 MONETANDI 
 
 MODUS ET CONVENTIO VINCUNT LE- 
 gem. The form of. agreement and the con- 
 vention of the parties overrule the law, 2 
 Coke,. 73. 
 
 MODUS HABILIS. A good or valid man- 
 ner. 
 
 MODUS LEGEM DAT DONATIONI. The 
 manner gives law to a gift. Co. Litt. 19a; 
 Broom, Leg. Max. (3d London Ed.) 615. 
 
 MODUS LEVANDI FINES. The manner 
 of levying fines; the title of a short statute 
 in French, passed in the eighteenth year of 
 Edward I. 2 Inst. 510; 2 Bl. Comm. 349. 
 
 MODUS TENENDI. The manner of hold- 
 ing; i. e., the different species of tenures by 
 which estates are held. 
 
 MODUS TRANSFERRENDI. The man- 
 ner of transferring. 
 
 MODUS VACANDI. The manner of vacat- 
 ing. How and why an estate has been relin- 
 quished or surrendered by a vassal to his 
 lord might well be referred to by this 
 phrase. See Tray. Lat. Max. s. v. 
 
 MODUS VIVENDI. In international law. 
 An agreement between nations not rising to 
 the dignity of a treaty, regulating their con- 
 duct in respect to a particular matter. Or- 
 dinarily applied to agreements to preserve 
 the status -quo pending the negotiation of a 
 final treaty. 
 
 MOERDA. The secret killing of another; 
 murder. 4 Bl. Comm. 194. 
 
 MOHATRA. In French law. The name of 
 a fraudulent contract made to cover a usuri- 
 ous loan of money. 
 
 It takes place when an individual buys 
 merchandise from another on a credit at a 
 high price, to sell it immediately to the first 
 seller, or to a third person who acts as his 
 agent, at a much less price for cash. 16 
 Toullier, Dr. Civ. note 44; 1 Bouv. Inst, 
 note 1118. 
 
 MOIETY. The half of anything; as, if a 
 testator bequeath one moiety of liis estate 
 to A., and the other to B., each shall take an 
 equal part. Joint tenants are said to hold 
 by moieties. Litt. 125; 3 C. B. 274, 283. 
 
 MOLESTATION. In Scotch law. The 
 name of an action competent to the proprie- 
 tor of a landed estate against those who 
 disturb his possession. It is chiefly used in 
 questions of commonty, or of controverted 
 marches. Ersk. Inst. 4. 1. 48. 
 
 MOLITURA. Toll paid for grinding at a 
 mill; multure. Not used. 
 
 MOLITURA LIBERA. Free grinding; a 
 liberty to have a mill without paying tolls 
 to the lord. Jacob. 
 
 MOLLITER MANUS IMPOSUIT (Lat.) 
 He laid his hands on gently. 
 
 In Pleading. Technical words in a 
 
 plea in justification of a trespass to the 
 person, that defendant used no more force 
 than was reasonably necessary (20 Johns. 
 [N. Y.] 427; 4 Denio [N. Y.] 448; 2 Strob. 
 [S. C] 232; 17 Ohio, 454), in defense of 
 property (3 Cush. [Mass.] 154; 3 Ohio. St. 
 159; 9' Barb. [N. Y.] 652; 23 Pa. St. 424. 
 See 19 N. H. 562; 25 Ala. [N. S.] 41; 4 
 Cush. [Mass.] 597), or the prevention of 
 crime (2 Chit. PL 574). 
 
 MOLMUTIAN LAWS. The laws of Dun- 
 vallo Molmutius, a legendary or mythical 
 king of the Britons, who is supposed to have 
 begun his reign about 400 B. C. These laws 
 were famous in the land until the Conquest. 
 Tomlins; Mozley & W. 
 
 MOMENTUM. In the civil law. An In- 
 stant; an indivisible portion of time. Calv. 
 Lex. 
 
 A portion of time that might be measured, 
 a division or subdivision of an hour, an- 
 swering in some degree to the modern "min- 
 ute," but of longer duration. According to 
 Accursius, ten moments (moTnenta) made a 
 point (punctum), and four points an hour. 
 Calv. Lex. Hence, no doubt, the rule stated 
 in Bracton, that an hour consists of forty 
 moments (hora fit ex quadraginta momen- 
 tis), which has been so far misunderstood 
 as to be pronounced a misprint. Bracton, 
 fols. 264, 359b; Fleta, lib. 5, c. 5, § 31. 
 
 MONARCHY. That government which is 
 ruled, really or theoretically, by one man, 
 who is wholly set apart from all other mem- 
 bers of the state. 
 
 MONASTERIUM (Graeco-Lat. and Law 
 Lat.) In civil and old English law. - A 
 monastery; a church. Nov. 5; Spelman. 
 Hence, according to Spelman, the Saxon 
 mynster and munster, and probably, also, 
 the Law French monstre. 
 
 MONETA (Lat.) In civil and old English 
 law. Money. Said to be derived from mo- 
 nere, to warn, because by the impression 
 upon it we are warned whose it is, that 
 is, by whom coined, and what is its value. 
 Falsa nloneta, counterfeit money. Code, 9, 
 24. Monetam conterfactam. Mem. in Scacc. 
 M. 22 Edw. I. De moneta et ohambio domini 
 regis, of the money and exchange of the 
 lord the king. Bracton, fol. 117. 
 
 MONETA EST JUSTUM MEDIUM ET 
 mensura rerum commutabillum, nam per 
 medium monetae fit omnium rerum conven- 
 iens, et Justa aestimatio. Money is the just 
 medium and measure of all commutable 
 things, for by the medium of money a con- 
 venient and just estimation of all things is 
 made. See 1 Bouv. Inst, note 922. 
 
 MONETANDI JUS COMPREHENDITUR 
 In regalibus quae nunquam a regie sceptre 
 abdicantur. The right of coining is compre- 
 hended amongst those rights of royalty 
 which are never relinquished by the kingly 
 sceptre. Dav. 18. 
 
MONEY 
 
 668 
 
 MONITION 
 
 MONEY. A representative of value, es- 
 tablished by law, and made a legal tender 
 in the payment of debts. 65 N. C. 415. 
 
 In a strict sense, gold and silver coin. 
 Const. U. S. art. 1, §§ 8, 10. See 44 Tex. 
 622. 
 
 In a broader sense, the common medium 
 of exchange in a civilized nation. 45 Tex. 
 309; 5 Humph. (Tenn.) 15. 
 
 The term is used to designate the whole 
 volume of the medium of exchange, recog- 
 nized by law or the custom of merchants. 
 34 Fed. 681. It is generally held to include 
 banknotes. 3 Mass. 403; 71 Ala. 544; 47 
 Wis. 557. But see, contra, 3- Conn. 534. 
 
 As used in wills, it has been construed as 
 synonymous with personalty, to effect the 
 intent of the testator. Jarm. Wills, c. 24. 
 
 MONEY CLAIMS. In English practice. 
 Under the judicature act of 1875, claims for 
 the price of goods sold, for money lent, for 
 arrears of rent, etc., and other claims where 
 money is directly payable on a contract ex- 
 press or implied, as opposed to the cases 
 where money is claimed by way of damages 
 ior some independent wrong, whether by 
 breach of contract or otherwise. These 
 "money claims" correspond very nearly to 
 the "money counts" hitherto in use. Mozley 
 & W. 
 
 MONEY COUNTS. In pleading. The com- 
 mon counts in an action of assumpsit. 
 
 They are so called because they are 
 founded on express or implied promises to 
 pay money in consideration of a precedent 
 debt. They are of four descriptions, the 
 indebitatis assumpsit, the quantimi meruit, 
 the quantum valebant, and the account 
 stated. 
 
 MONEY DEMAND. A demand which Is 
 certain beforehand, or ascertainable by cal- 
 culation. 
 
 MONEY HAD AND RECEIVED. In plead- 
 ing. The technical designation of a form 
 of declaration in assumpsit, wherein the 
 plaintiff declares that the defendant had 
 and received certain money, _ etc. 
 
 An action of assumpsit will lie, without 
 regard to privity of contract, to recover 
 money to which the plaintiff is entitled, and 
 which in justice and equity, when no rule 
 of policy or strict law prevents it, the de- 
 fendant ought to refund to the plaintiff, and 
 which he cannot with good conscience re- 
 tain, on a count for money had and received. 
 6 Serg. & R. (Pa.) 369; 10 Serg. & R. (Pa.) 
 219; 1 Dall. (Pa.) 148; 2 Dall. (Pa.) 154; 
 3 J. J. Marsh. (Ky.) 175; 1 Har. (N. J.) 
 447; 1 Har. & G. (Md.) 258; 7 Mass. 288; 
 6 Wend, (N. Y.) 290; 13 Wend. (N. Y.) 
 488; Add. Cont. 230. 
 
 MONEY JUDGMENT. One which re- 
 quires the payment of money, as disting- 
 uished from one directing some act to be 
 done. 
 
 MONEY LENT. In pleading. The tech- 
 nical name of a declaration in an action ot 
 assumpsit ioj; that the defendant promised 
 to pay the plaintiff for money lent. 
 
 To recover, the plaintiff must prove that 
 the defendant received his money, but it is 
 not indispensable that it should be originally 
 lent. If, for example, money has been ad- 
 vanced upon a special contract, which has 
 been abandoned and rescinded, and which 
 cannot be enforced, the law raises an im- 
 plied promise from the person who holds 
 the money to pay it back as money lent. 
 7 Ring. 266; 3 Mees. & W. 434; 9 Mees. & 
 W. 729. See 1 N. Chip. (Vt.) 214; 3 J. J. 
 Marsh. (Ky.) 37. 
 
 MONEY MADE. The return on execution 
 that the amount has been collected thereon. 
 
 MONEY OF ADIEU. In French law. 
 Earnest money. So called because given at 
 parting, in completion of the bargain. Poth. 
 Sale, 507. Arrhes is the usual French word 
 for earnest money; "money of adieu" is a 
 provincialism found in the province of Or- 
 leans. 
 
 MONEY PAID. In pleading. The technical 
 name of a declaration in assumpsit, in 
 which the plaintiff declares for money paid 
 for the use of the defendant. 
 
 MONEYED CORPORATION. In New 
 York law corporations formed under or 
 subject' to the banking or insurance law, 
 and they include every corporation having 
 banking powers, or having the power to 
 make loans upon pledges or deposits, or 
 authorized by law to make contracts of in- 
 surance. 1 Rev. St. N. Y. 731; 3 N. Y. 
 479. Fletcher Cyclopedia Corporations 133. 
 
 MONIER, or MONEYER (Law Lat. mone- 
 tarius). In old English law. A minister 
 of the mint, who made and coined the king's 
 money. There were several of these moniers 
 or workmen; "some to shear the money, 
 some to forge it, others to beat it broad, 
 some to round it, and some to stamp or 
 coin it." Cowell, voc. "Moniers;" "Mmt." 
 
 A banker; one who dealt in money. 
 Cowell. 
 
 MONITION. In practice. A process in the. 
 nature of a summons, which is used in the 
 civil law, and in those courts which derive 
 their practice from the civil law. 
 
 A general monition is a citation or sum- 
 mons to all persons interested, or, as is com- 
 monly said, to the whole world, to appear 
 and show cause why the libel filed in the 
 case should not be sustained, and the prayer 
 of relief granted. This is adopted in prize 
 cases, admiralty suits for forfeitures, and 
 other suits in rem, when no particular 
 individuals are summoned to answer. In 
 such cases, the taking possession of the 
 property libelled, and this general citation 
 of monition, served according to law, are 
 considered constructive notice to the world 
 of the pendency of the suit; and the judg- 
 
MONITORY LETTER 
 
 669 
 
 MONSTER 
 
 ment rendered thereupon is conclusive upon 
 the title of the property which may be 
 affected.' In form, the monition is sub- 
 stantially a warrant of the court, in an 
 admiralty cause, directed to the marshal or 
 his deputy, commanding him, in the name 
 of the president of the United States, to 
 give public notice, by advertisements in 
 such newspapers as the court may select, 
 and by notifications to be posted in public 
 places, that a libel has been filed in a 
 certain admiralty cause pending, and of 
 the time and place appointed for the trial. 
 A brief statement of the allegations in the 
 libel is usually contained in the monition. 
 The monition is served in the manner di- 
 rected in the warrant. 
 
 A mixed monition is one which contains 
 directions for a general monition to all per- 
 sons interested, and a special summons to 
 particular persons named in the warrant. 
 This is served by newspaper advertise- 
 ments, by notifications posted in public 
 places, and by delivery of a copy attested 
 by the officer to each person specially 
 named, or by leaving it at his usual place 
 of residence. 
 
 A special monition is a similar warrant, 
 directed to the marshal or his deputy, re- 
 quiring him to give special notice to cer- 
 tain persons, named in the warrant, of the 
 pendency of the suit, the grounds of it, and 
 the time and place of trial. It is served by 
 delivery of a copy of the warrant, attested 
 by the G|fficer, to each one of the adverse 
 parties, or by leaving the same at his usual 
 place of residence; but the service should 
 be personal, if possible. Gierke, Prax. tit. 
 21; Dunl. Adm. Prac. 135. See Conkl. Adm.; 
 Pars. Mar. Law. 
 
 MONITORY LETTER. In ecclesiastical 
 law. The process of an official, a bishop, or 
 other prelate having jurisdiction, issued to 
 compel, by ecclesiastical censures, those who 
 know of a crime, or other matter which re- 
 quires to be explained, to come and reveal 
 it. Merlin, Repert. 
 
 MONOCRACY. A government by one per- 
 son only. 
 
 MONOCRAT, A monarch who governs 
 alone; an absolute governor. 
 
 MONOGAMY. The state of having only 
 one husband or one wife at a time. 
 
 A marriage contracted between one man 
 and one woman, in exclusion of all the rest 
 of mankind. The term is used in opposition 
 to "bigamy" and "polygamy." Wolff. Dr. 
 Nat. § 857. 
 
 MONOGRAM. A character or cipher com- 
 posed of one or more letters interwoven, be- 
 ing an abbreviation of a name. 
 
 A signature made by monogram would 
 perhaps be binding provided it could be 
 proved to have been made and intended as 
 a signature. 1 Denio (N. Y.) 471. 
 
 There seems to be no reason why such a 
 signature should not be as binding as one 
 which is altogether illegible. 
 
 MONOMACHY. Single combat. 
 
 MONOMANIA. In medical jurisprudence. 
 Insanity only upon a particular subject, 
 and with a single delusion of the mind. 
 
 The most simple form of this disorder is 
 that in which the patient has imbibed some 
 single notion, contrary to common sense, 
 and to his own experience, and which 
 seems, and no doubt really is, dependent 
 on errors of sensation. It is supposed the 
 mind in other respects retains its intellec- 
 tual powers. In order to avoid any civil 
 act done or criminal responsibility in- 
 curred, it must manifestly appear that the 
 act in question was the effect of mono- 
 mania. Cyc. Prac. Med. "Soundness and 
 Unsoundness of Mind;" Ray, Ins. § 203; 
 13 Ves. 89; 3 Brown, Ch. 444; 1 Add. Ecc. 
 283; 2 Add. Ecc. 402; Hagg. 18; 2 Add. 
 79, 94, 209; 5 Car. & P. 168; Burrows, Ins. 
 484, 485. See "Delusion;" "Mania." 
 
 MONOMANIACS. Persons who are insane 
 upon some one or more subjects, and ap- 
 parently sane upon all others. 2 Redf. Sur. 
 (N. Y.) 34, 37. 
 
 MONOPOLIA DICITUR, CUM UNUS SO- 
 lus aliquod genus mercaturae unlversum 
 emit, pretium ad suum libitum statuens. 
 It is said to be a monopoly when one person 
 alone buys up the whole of one kind of com- 
 modity, fixing a price at his own pleasure. 
 11 Coke, 86. 
 
 MONOPOLIUM (Graeco-Lat.) The sole 
 power, right, or privilege of sale; monop- 
 oly; a monopoly. Calv. Lex.; Code, 4, 59; 
 Grotius de Jure Belli, lib. 2, c. 12, § 16. 
 
 MONOPOLY (from Lat. monopoliwm, q. 
 V.) An exclusive right granted to a few, 
 of something which was before of com- 
 mon right. 11 Peters (U. S.) 607. 
 
 The exclusive privilege of selling any 
 commodity. Defined in English law to be 
 "a license or privilege allowed by the king 
 for the sole buying and selling, making, 
 working, or using of anything whatsoever, 
 whereby the subject in general is re- 
 strained from that liberty of manufactur- 
 ing or trading which he had before." 4 
 Bl. Comm. 159; 4 Steph. Comm. 291. 
 
 Any exclusive right or privilege. 
 
 The term also indicates the possession 
 of total (or in some cases a dominating 
 control of a commodity, etc. 
 
 MONSTER. An animal which has a con- 
 formation contrary to the order of nature. 
 2 Dungl. Hum. Phys. 422. 
 
 A monster, although born of a woman in 
 lawful wedlock, cannot inherit. Those who 
 have, however, the essential parts of the 
 human form, and have merely some defect 
 of conformation, are capable of inheriting, 
 if otherwise qualified. 2 Bl. Comm. 246; 
 
MONSTRANS DE DROIT 
 
 670 
 
 MOOT 
 
 1 Beck, Med. Jur. 366; Co. Litt. 7, 8; Dig. 
 
 1. 5. 14; 1 Swift, System, 331; Fred. Code, 
 pt. 1, bk. 1, tit. 4, § 4. 
 
 No living human birth, however much it 
 may differ from human shape, can be law- 
 fully destroyed. Traill, Med. Jur. 47. See 
 Briand, Med. Leg. pt. 1, c. 6, art. 2, § 3; 
 1 Fodere, Med. Leg. §§ 402-405. 
 
 MONSTRANS DE DROIT (Fr. showing of 
 right). A common-law process by which 
 restitution of personal or real property is 
 obtained from the crown by a subject. Chit. 
 Prerog. Cr. 345; 3 Bl. Comm. 256. By this 
 process, when the facts of the title of the 
 crown are already on record, the facts on 
 which the plaintiff relies, not inconsistent 
 with such record, are shown, and judgment 
 of the court prayed thereon. The judg- 
 ment, if against the crown, is that of 
 ouster le main, which vests possession in 
 the subject without execution. Bac. Abr. 
 "Prerogative" (E) ; 1 And. 181; 5 Leigh 
 (Va.) 512; 12 Grat. (Va.) 564. 
 
 MONSTRANS DE FAIT (Fr. showing of a 
 deed). A profert. Bac. Abr. "Pleas" (I 
 12, note 1). 
 
 MONSTRAVERUNT, WRIT OF. In Eng- 
 lish law. A writ which lies for the tenants 
 of ancient demesne who hold by free char- 
 ter, and not for those tenants who hold by 
 copy of court roll, or by the rod, according 
 to the custom of the manor. Fitzh. Nat. 
 Brev. 31. 
 
 MONTES PIETATIS, or MONTS DE PI- 
 ete. Institutions established by public au- 
 thority for lendii;ig money upon pledge of 
 goods. 
 
 In these establishments a fund is pro- 
 vided, with suitable warehouses, and all 
 necessary accommodations. They are man- 
 aged by directors. When the money for 
 which the goods pledged is not returned in 
 proper time, the goods are sold to reim- 
 burse the institutions. They are found 
 principally on the continent of Europe. 
 With us, private persons, called "pawn- 
 brokers," perform this office, — sometimes 
 with doubtful fidelity. See Bell, Inst. 5. 
 
 2. 2. 
 
 • 
 
 MONTH. A space of time variously com- 
 puted, as it is applied to astronomical, 
 civil or solar, or lunar months. 
 
 The astronomical month contains one- 
 twelfth part of the time employed by the 
 sun in going through the zodiac. In law, 
 when a month simply is mentioned, it is 
 never understood to mean an astronomical 
 month. 
 
 The civil, solar or calendar month is 
 that which agrees with the Gregorian cal-> 
 endar; and these months are known by the 
 names of January, February, March, etc. 
 They are composed of unequal portions of 
 time. There are seven of thirty-one days 
 each, four of thirty, and one which is 
 sometimes composed of twenty-eight days, 
 and in leap years of twenty-nine. 
 
 The lunar month consists of twenty-eight 
 days. 
 
 By the law of England, a month means 
 ordinarily, in common contracts, as in 
 leases, a lunar month. A contract, there- 
 fore, made for a lease of land for twelve 
 months would mean a lease for forty-eight 
 weeks only. 2 Bl. Comm. 141; 6 Coke, 62; 
 6Term R. 224; 1 Maule & S. Ill; 1 Bing. 
 307. A distinction has been made between 
 "twelve months" and "a twelve-months." 
 The latter has been held to mean a year. 
 6 Coke, 61. 
 
 But in mercantile contracts in England, 
 and for any purpose in the United States, a 
 month simply signifies a calendar month. 
 Chit. Bills, 406; 3 Brod. & B. 187; 1 Maule 
 & S. Ill; Story, Bills, § 143; Story, Partn. 
 § 213; 2 Mass. 170; 4 Mass. 460; 6 Watts 
 & S, (Pa.) 179; 1 Johns. Cas. (N. Y.) 99; 
 
 4 Wend. (N. Y.) 512; 15 Johns. (N. Y.) 
 358; 2 Cow. (N. Y.) 518, 605; 2 Dall. (Pa.) 
 302; 4 Dall. (Pa.) 143; 4 Mass. 461; 4 
 Bibb (Ky.) 105, which ends on the corre- 
 sponding day in the month succeeding its 
 beginning, less one day. 279 111. 401. 
 
 In England, in the ecclesiastical law, 
 months are computed by the calendar. 3 
 Burrows, 1455; 1 Maule & S. 111. 
 
 Monument, a thing intended to trans- 
 mit to posterity the memory of some one. 
 A tomb where a dead body has been de- 
 posited. 
 
 In this sense it differs from a "ceno- 
 taph," which is an empty tomb. Dig. 11. 
 7. 2. 6; Id. 11. 7. 2. 42. 
 
 A permanent landmark, whether natural 
 or artificial, established for the purpose of 
 indicating a boundary. 
 
 MONUMENTA QUAE NOS RECORDA 
 vocamus sunt veritatis et vetustatis vestigia. 
 Monuments, which we call "records," are 
 the vestiges of truth and antiquity. Co. 
 Litt. 118. 
 
 MOORING. In maritime law. The secur- 
 ing of a vessel by a hawser or chain, or 
 otherwise, to the shore, or to the bottom by 
 a cable and anchor. The being "moored in 
 safety," under a -policy of insurance, is 
 being moored in port, or at the usual place 
 for landing and taking in cargo, free from 
 any immediate impending peril insured 
 against. 1 Phil. Ins. 968; 3 Johns. (N. Y.) 
 88; 11 Johns. (N. Y.) 358; 2 Strange, 1243; 
 
 5 Mart. (La.) 637; 6 Mass. 313; Code de 
 Comm. 152. 
 
 MOOT (from Saxon gemot, meeting to- 
 gether). In English law. A term used in 
 the inns of court, signifying the exercise 
 of arguing imaginary cases, which young 
 barristers and students used to perform at 
 certain times, the better to be enabled by 
 this practice to defend their clients' cases. 
 Orig. Jur. 212. 
 
 To. plead a mock cause. Also spellea 
 "meet," from Saxon motain, to meet; the 
 
MOOT COURT 
 
 671 
 
 MORGANATIC MARRIAGE 
 
 sense of debate being from meeting, en- 
 countering. A moot question is one which 
 has not been decided. 
 
 MOOT COURT. A court where moot ques- 
 tions are argued. Webster. 
 
 In law schools this is one of the methods 
 of instruction. An undecided point of law 
 is argued by students appointed as counsel 
 on either side of the cause, one or more of 
 the professors sitting as judge in presence 
 of the school. The argument is conducted 
 as in cases reserved for hearing before the 
 full bench. 
 
 MOOT HILL. Hill of meeting (gemot), 
 on which the Britons used to hold their 
 courts, the judge sitting on the eminence, 
 the parties, etc., on an elevated platform 
 below. Enc. Lond. 
 
 MOOT MAN. One of those who used to 
 argue the reader's cases in the inns of 
 court. 
 
 MORA (Lat.) In the civil law. Delay; de- 
 fault; neglect; culpable delay or default. 
 Calv. Lex. 
 
 MORA REPROBATUR IN LEGE. Delay 
 is disapproved of in law. Jenk. Cent. Cas. 
 51. 
 
 MORAL CERTAINTY. This expression 
 has been introduced into our jurisprudence 
 from the publicists and metaphysicians, 
 and signifies only a very high degree of 
 probability. 118 Mass. 23. 
 
 That degree of certainty which will jus- 
 tify a jury in grounding on it their verdict. 
 It is only probability; but it is called "cer- 
 tainty," because every sane man assents 
 to it necessarily, from a habit produced by 
 the necessity of acting. Nothing else but 
 a strong presumption grounded on proba- 
 ble reasons, and which very seldom fails 
 and deceives us. Puflendorff, Law Nat. bk. 
 1, c. 2, § 11. A reasonable and moral cer- 
 tainty; a certainty that convinces and di- 
 rects the understanding, and satisfies the 
 reason and judgment, of those who are 
 bound to act conscientiously upon it. A 
 certainty beyond a reasonable doubt. Shaw, 
 C. J., Com. v. Webster, Bemis., Report of 
 the trial, 469, 470. Such a certainty "as 
 convinces beyond all reasonable doubt." 
 Parke, B., Best, Pres. 257, note; 6 Rich. 
 Eq. (S. C.) 217. 
 
 MORAL DURESS. Moral duress consists 
 in imposition, oppression, undue, influ- 
 ence, or the taking of undue advan- 
 tage of the business or financial stress 
 or extreme necessities or weakness of 
 another; the theory under which re- 
 lief is granted being that the party 
 profiting thereby has received money, 
 property or other advantage, which in 
 equity and good conscience he ought not 
 to be permitted to retain. 164 111. App. 
 258; 114 111. App. 255. 
 
 MORAL FRAUD. Fraud involving actual 
 turpitude, as distinguished from mere con- 
 structive fraud. 
 
 MORAL OBLIGATION. A duty which one 
 owes, and which he ought to perform, but 
 which he is not legally bound to fulfill. 
 
 ,These obligations are of two kinds: (1) 
 Those founded on a natural right; as, the 
 obligation to be charitable, which can never 
 be enforced by law. (2) Those which are 
 supported by a good or valuable antece- 
 dent consideration; as, where a man owes 
 a debt barred by the act of limitations, 
 this cannot be recovered by law, though it 
 subsists in morality and conscience; but if 
 the debtor promise to pay it, the moral 
 obligation is a sufficient consideration for 
 the promise, and the creditor may main- 
 tain an action of assumpsit to recover the 
 money. 1 Bouv. Inst, note 623. See "Con- 
 sideration." 
 
 MORARI (Lat.) In old English law. To 
 delay; to pause or rest. Moratur in lege, 
 (he) rests or pauses in law; (he) demurs. 
 
 MORBOSUS (Lat. from morbus). In the 
 civil law. Diseased. See Dig. 21. 1. 1-16. 
 
 MORBUS SONTICUS (Lat.) In the civil 
 law. A sickness which rendered a man in- 
 capable of attending to any business (qui 
 cuique rei nocet). Dig. 50. 16. 113; 1 
 Mackeld. Civ. Law, 137, § 127, note. A 
 sickness of the severer kind, having the 
 power of causing great pain. A. Gellius, 
 Noct. Att. lib. 20, c. 1. A sickness w'hich 
 excused a nonappearance in court. Calv. 
 Lex.; Adams, Rom. Ant. 245, 272. Bracton 
 uses_ this term in treating of the law of 
 essoins, but gives it the meaning of an 
 incurable disease. Bracton, fol. 344b. 
 
 MORE COLONICO (Lat.) In old plead- 
 ing. In husbandlike manner. Towns. PI. 
 108. 
 
 MORE OR LESS. Words, in a conveyance 
 of lands or contract to convey lands, im- 
 porting that the quantity is uncertain and 
 not warranted, and that no right of either 
 party under the contract shall be affected 
 by a deficiency or excess in the quantity. 
 17 Ves. 394; Powell, Powers, 397. So in 
 contracts of sale generally. 2 Barn. & 
 Adol. 106. 
 
 MORGANATIC MARRIAGE. A lawful and 
 inseparable conjunction of a single man of 
 noble and illustrious birth with a single 
 woman of an inferior or plebeian station, 
 upon this condition, that neither the wife 
 nor children should partake of the title, 
 arms, or dignity of the husband, nor suc- 
 ceed to his inheritance, but should have a 
 certain allowance assigned to them by the 
 morganatic contract. 
 
 This relation was frequently contracted 
 during the middle ages. The marriage cere- 
 mony was regularly performed, the union 
 was for life and indissoluble and the chil- 
 
MORGANGIVA 
 
 672 
 
 MORTGAGE 
 
 dren were considered legitimate, though 
 they could not inherit. Fred. Code, bk. 2, 
 art. 3; Poth. du Mar. 1, c 2, § 2; Shelf. 
 Mar. & Div. 10; Pruss. Code, art. 835. 
 
 MORGANGIVA, or MORGENGEBA (Law 
 Lat.; Lomb. morgingap; Saxon, morgan 
 gyfe; from morgin, morning, and gab, a 
 gift). In old European law. A gift made 
 to a wife on the morning of the nuptial 
 day; a species of dower, which Spelman 
 compares to the English dower ad ostium 
 ecclesiae. This word occurs in the laws 
 of the Burgundians, Alemanni, Eipuarians, 
 and Lombards, and also in the laws of 
 Canute. LL. Canuti, c. 71. Spelman. 
 
 M ORG EN (Anglo-Dutch). In old New 
 York law. A measure of land, equal to 
 about two acres. O'Callaghan's New 
 Netherlands, vol. 2, Append. 593. 
 
 MORS (Lat.) Death. 
 
 MORS DICITUR ULTIMUM SUPPLICI- 
 
 um. Death is denominated the extreme pen- 
 alty. 8 Inst. 212. 
 
 MORS OMNIA SOLVIT. Death dissolves 
 all things. 
 
 MORT CIVILE. In French law. Civil 
 death, as upon conviction for felony. It 
 was nominally abolished by a law of the 
 31st of May, 1854, but something very 
 similar to it, in effect, at least, still re- 
 mains. Thus, the property of the con- 
 demned, possessed by him at the date of 
 his conviction, goes and belongs to his 
 successors (heritiers), as in case of an 
 intestacy, and his future acquired property 
 goes to the state by right of its preroga- 
 tive (par droit de desherence) , but the 
 state may, as a matter of grace, make it 
 over in whole or dn part to the widow and 
 children. Brown. 
 
 MORT D'ANCESTOR. An ancient and 
 now almost obsolete remedy in the English 
 law. An assize of m,ort d'ancestor was a 
 writ which was sued out where, after the 
 decease of a man's ancestor, a stranger 
 abated, and entered into the estate. Co. 
 Litt. 159. The remedy in such case is now 
 to bring ejectment. 
 
 MORTALITY. The word "mortality" 
 may, under certain circumstances, include 
 every description of death, every termina- 
 tion of life to which mortals are subject. 
 It applies generally, however, to that de- 
 scription of death which is not occasioned 
 by violent means. 5 B. & Aid. 110, 112; 3 
 B. & C. 793. 
 
 MORTALITY (or MORTUARY) TABLES. 
 Tables showing the duration of human life, 
 as based on observations and records of 
 vital statistics. The records of deaths kept 
 at certain places for long periods form the 
 basis of the tables more commonly known 
 as "Carlisle Tables," or "Northampton 
 Tables" (g. v.) 
 
 MORTGAGE. The conveyance of an es- 
 tate or property by way of pledge for the 
 security of debt, and to become void on 
 payment of it. 4 Kent, Comm. 136. 
 
 An estate created by a conveyance abso- 
 lute in its form, but intended to secure the 
 performance of some act, such as the pay- 
 ment of money, and the like, by the grantor 
 or some other person, and to become void 
 if the act is performed agreeably to the 
 terms prescribed at the time of making 
 such conveyance. 1 Washb. Real Prop. 475. 
 
 By the law of several states, a mortgage 
 is no longer a conveyance by which an 
 estate passes, but a mere pledge creating 
 only a lien. Holmes, Mortg. § 1. 
 
 Two general theories prevail as to the 
 nature of the estate created by mortgage. 
 The common-law theory that a mortgage 
 passes title to the mortgagee subject to 
 defeat by the performance of the condition 
 subsequent has been adopted in Alabama 
 (69 Ala. 442), Arkansas (65 Ark. 174), 
 Connecticut (19 Conn. 218), Illinois (1 
 Scam. 140), Maine (2 Me. 132), Maryland 
 (6 Gill & J. 72), Massachusetts (5 Mass. 
 120), New Hampshire (5 N. H.) 420), 
 North Carolina (66 N. C. 477), Ohio (10 
 Ohio, 71), Pennsylvania (77 Pa. St. 250), 
 Rhode Island (6 R. I. 542), Tennessee (10 
 Humph. 214), and Virginia (4 Rand. 245). 
 
 The common-law theory, in a somewhat 
 modified form, prevails in Delaware (1 
 Houst. 320), Mississippi (24 Miss. 368), 
 Missouri (10 Mo. 229), New Jersey (40 N. 
 J. Law, 417), and Vermont (44 Vt. 294). 
 
 The equitable doctrine that a mortgage 
 conveys only a lien is adopted in California 
 (2 Cal. 491; 64 CaL 514), Colorado (Laws 
 1887, § 263, p. 174), Florida (17 Fla. 698), 
 Georgia (76 Ga. 384), Idaho (Rev. St. 1887, 
 § 3350), Indiana (27 Ind. 472), Iowa (30 
 Iowa, 268), Kansas (35 Kan. 120), Ken- 
 tucky (14 Bush, 788), Michigan (65 Mich. 
 598), Minnesota (12 Minn. 330), Montana 
 (6 Mont. 596), Nebraska (14 Neb. 246), 
 Nevada (1 Nev. 179), New York (54 N. Y. 
 599), North Dakota (Rev. Code, § 1733), 
 Oregon (11 Or. 534), South Carolina (27 
 S. C. 309), South Dakota (Rev. Code 1877, 
 § 1733), Utah (Comp. Laws 1876, p. 478), 
 Washington (3 Wash. T. 318), Wisconsin 
 (7 Wis. 566), 1 Pingrey, Mortg. 16. 
 
 Both real and personal property may be 
 mortgaged, and in substantially the same 
 manner, except that, a mortgage being in 
 its nature a transfer of title, the laws 
 respecting the necessity of possession of 
 personal property and the nature of in- 
 struments of transfer, being different, re- 
 quire the transfer to be made differently in 
 the two cases. See "Chattel Mortgage." 
 
 A mortgage may in form be either a con- 
 veyance with provision for a defeasance, or 
 a conveyance absolute in form, with a col- 
 lateral agreement for a defeasance. 15 
 Johns. (N. Y.) 555; 2 Me. 152; 12 Mass. 
 456. 
 
 An equitable mortgage is one in which 
 the mortgagor does not actually convey 
 
MORTGAGE OP GOODS 
 
 673 
 
 MOTION 
 
 the property, but does some act by which 
 he manifests his determination to bind the 
 same as a security. See "Equitable Mort- 
 gage." 
 
 A legal mortgage is a conveyance of 
 property intended by the parties at the 
 time of making it to be a security for the 
 performance of some prescribed act. 1 
 Washb. Real Prop. 479. 
 
 MORTGAGE OF GOODS. A conveyance 
 of goods in gage, or mortgage, by which 
 the whole legal title passes conditionally 
 to the mortgagee; and if the goods are 
 not- redeemed at the time stipulated, the 
 title becomes absolute in law, although 
 equity will interfere to compel a redemp- 
 tion. Story, Bailm. § 287. It is dis- 
 tinguished from a pledge by the circum- 
 stance that possession by the pledgee is 
 not, or may not be, essential to create or to 
 support the title. Id. See 2 Kent, Comm. 
 522-532; 4 Kent, Comm. 138. 
 
 MORTGAGEE. He to whom a mortgage Is 
 made. See "Mortgage." 
 
 MORTGAGOR. He who makes a mort- 
 gage. See "Mortgage." 
 
 MORTH (Saxon). Murder, answering ex- 
 actly to the French "assassinat" or "meur- 
 tre de guet-apens." 
 
 MORTH LAGA. A murderer. Cowell. 
 
 MORTHLAGE. Murder. Cowell. 
 
 MORTIFICATION. In Scotch law. A 
 term nearly synonymous with "mortmain." 
 
 MORTIS CAUSA (Lat.) By reason of 
 death; in contemplation of death. Thus 
 used in the phrase, donatio mortis causa 
 (?• ■"•) 
 
 MORTIS MOMENTUM EST ULTIMUM 
 vltae momentum. The last moment of life 
 is the moment of death. 4 Bradf. Sur. (N. 
 Y.) 245, 250. 
 
 MORTMAIN. Mortmain, so called by re- 
 semblance to a man in his last moments, 
 who holds whatever he takes in his hand 
 mortuo manu, that is, so fast that he never 
 quits it until he is dead. Plowden 193. 
 
 A term applied to denote the possession 
 of lands or tenements by any corporation, 
 sole or aggregate, ecclesiastical or tem- 
 poral. These purchases having been 
 chiefly made by religious houses, in conse- 
 quence of which lands became perpetually 
 inherent in one dead hand, this has occa- 
 sioned the general appellation of "mort- 
 main" to be applied to such alienations. 
 2 Bl. Comm. 268; Co. Litt. 2b; Ersk. Inst. 
 2. 4. 10; Barr. Obs. St. 27, 97. See Story, 
 Eq. Jur. § 1137; Shelf. Mortm. 
 
 MORTMAIN ACTS. These acts hadfor 
 their object to prevent lands getting into 
 the possession or control of religious cor- 
 porations, or, as the name indicates, in 
 
 mortua manu. After numerous prior acts 
 dating from the reign of Edward I., it 
 was enacted by St. 9 Geo. II. c. 36 (called 
 the "Mortmain Act" par excellence), that 
 no lands should be given to charities un- 
 less certain requisites should be observed. 
 Brown. 
 
 MORTUARY. In ecclesiastical law. A 
 burial place. A kind of ecclesiastical heriot, 
 being a customary gift of the second-best 
 living animal belonging to the deceased, 
 claimed by and due to the minister in many 
 parishes, on the death of his parishioners, 
 whether buried in the church yard or not. 
 These mortuaries, like lay heriots, were 
 originally voluntary bequests to the church 
 in lieu of tithes or ecclesiastical dues neg- 
 lected in lifetime. See "Soulscot." They 
 were reduced to a certain amount by 21 
 Hen. VIII. c. 6. They were sometimes 
 payable to the lord. Par. Ant. 470. The 
 mortuary seems to have been carried to 
 church with the corpse, and was therefore 
 sometimes called corpse present. 2 Burn, 
 Ecc. Law, 563. Anciently, a parishioner 
 could not make a valid will without an 
 assignment of a sufficient mortuary or gift 
 to the church. 2 Bl. Comm. 427. 
 
 MORTUUM VADIUM. A mortgage. 
 
 MORTUUS (Lat.) Dead. Ainsworth. So 
 in sheriff's return m.ortuus est, he is dead. 
 O. Bridg. 469; Brooke, Abr. "Retorne de 
 Brief e," pi. 125; 19 Viner, Abr. "Return," 
 lib. 2, pi. 12. 
 
 MORTUUS EXITUS NON EST EXITAS. 
 
 To be dead-born is not to be born. Co. Litt. 
 29. See 2 Paige, Ch. (N. Y.) 35; Domat, 
 liv, prel. tit. 2 § 1, note 4, 6; 2 Bouv. Inst, 
 notes 1721, 1935. 
 
 MOS RETINENDUS EST FIDELISSIMAE 
 vetustatls. A custom of the truest antiquity 
 is to be retained. 4 Coke, 78. 
 
 MOSTRENCOS. In Spanish law. Strayed 
 goods; estrays. White, New Recop. bk. 2, 
 tit. 2, c. 6. 
 
 MOT BELL (Saxon). Meeting bell; a bell 
 used by the Saxons to summon the people 
 to the folc mote. Spelman. See "Pole 
 Mote." 
 
 MOTE (Saxon). A meeting; an assembly. 
 Used in composition, as burgmote, folk- 
 mote, etc. 
 
 MOTEER. The customary payment at the 
 court (mote) of a feudal lord. 
 
 MOTION. In practice. An application to 
 a court by one of the parties in a cause, or 
 his counsel, in order to obtain some rule or 
 order of court which he thinks becomes 
 necessary in the progress of the cause, or 
 to get relieved in a summary manner from 
 some matter which would work injustice. 
 Properly, an oral application for a rule or 
 order (41 Cal. 650), but the term is now 
 
MOTION FOR NEW TRIAL 
 
 674 
 
 MULIER 
 
 generally applied to applications, whether 
 written or oral. 
 
 MOTION FOR NEW TRIAL. A motion 
 designed to bring in review before the trial 
 court the occurrences of the trial, and to 
 present for consideration alleged errors 
 during the course of the trial. 217 111. 82, 
 177 111. 333. 
 
 MOTIVE, (from Lat. movere, to move or 
 stir). In the law of evidence. That which 
 moves or influences the mind or will; an 
 emotion, passion, or desire which incites or 
 impels to action. 
 
 In Criminal Evidence. An unlawful 
 
 desire or emotion, awakened by the percep- 
 tion or contemplation of some external ob- 
 ject, or end to be attained by action. This 
 ultimate object is, in fact, the cause or 
 spring of the motive itself, and has some- 
 times been called the "exterior" or "exter- 
 nal" motive, as distinguished from the de- 
 sire or passion it creates, which is termed 
 the "interior" or "internal" motive. See 
 3 Benth. Jud. Ev. 183. It is, in other words, 
 the inducement, or that which leads or 
 tempts the mind to indulge the criminal de- 
 sire. Burrill, Circ. Ev. 283, 284. 
 
 MOTWORTHY (Old Eng.) A common 
 councilman. Cowell, voc. "Concionator." 
 
 MOURNING. The apparel worn at funer- 
 als, and for a time afterwards, in order to 
 manifest grief for the death of some one, 
 and to honor his memory. 
 
 The expenses paid for such apparel. 
 
 It has been held, in England, that a de- 
 mand for mourning furnished to the widow 
 and family of the testator is not a funeral 
 expense. 2 Car. & P. 207. See 14 Ves. 
 346; 1 Ves. & B. 364. See 2 Bell. Comm. 
 166. 
 
 MOVABLES. Such subjects of property 
 as attend a man's person wherever he goes, 
 in contradistinction to things immovable. 
 
 Things movable by their nature are such 
 as may be carried from one place to an- 
 other, whether they move themselves, as 
 cattle, or cannot be removed without an ex- 
 traneous power, as inanimate things. So 
 in the civil law mobilia; but this term did 
 not properly include living movables, which 
 were termed moventia. Calv. Lex. But 
 these words, m.obilia and moventia, are also 
 used synonymously, and in the general sense 
 of "movables." Id. Movables are further 
 distinguished into such as are in possession, 
 or which are in the power of the owner, as a 
 horse in actual use, a piece of furniture in a 
 man's own house, or such as are in pos- 
 session of another, and can only be recov- 
 ered by action, which are therefore said to 
 be in action, as a debt. See "Personal Prop- 
 erty;" Fonbl. Eq. Index; Powell, Mortg. 
 Index; 2 Bl. Comm. 384; Civ. Code La. 
 arts. 464-472; 1 Bouv. Inst, note 462; 2 
 Steph. Comm. 67; Shep. Touch. 447; 1 P. 
 Wms. 267. 
 
 In a will, "movables" is used in its larg- 
 est sense, but will not pass growing crop, 
 nor building materials on ground. 2 Will- 
 iams, Ex'rs, 1014; 3 A. K. Marsh. (Ky.) 
 123; 1 Yeates (Pa.) 101; 2 Dall. (Pa.) 
 142. 
 
 In Scotch Law. Every right which a 
 
 man can hold which is not heritable. Op- 
 posed to "heritage." BelJ, Diet. 
 
 MOVANT. One who moves; one who 
 makes a motion before a court; the appli- 
 cant for a rule or order. 
 
 MOVING FOR AN ARGUMENT. Making 
 a motion on a day which is not motion day, 
 in virtue of having argued a special case; 
 used in the exchequer after it became obso- 
 lete in the queen's bench. Wharton. 
 
 MR. The word "Mr." indicates only a 
 man. 15 111. App. 103. 
 
 MRS. The designation "Mrs." is not a 
 name but usually distinguishes the person 
 referred to as a married woman. 240 111. 
 110. 
 
 MUEBLES. In Spanish law. Movables; 
 all sorts of personal property. White, New 
 Recop. bk. 1, tit. 3, c. 1, § 2. 
 
 MUIRBURN. In Scotch law. The offense 
 of setting fire to a muir or moor. 1 Brown, 
 Ch. 78, 116. 
 
 MULATTO. A person born of one white 
 and one black parent. 7 Mass. 88; 2 Bailey 
 (S. C.) 558. 
 
 MULCT, A fine imposed on the convic- 
 tion of an offense. 
 
 An imposition laid on ships or goods by 
 a company of trade for the maintenance of 
 consuls and the like. It is obsolete in the 
 latter sense, and but seldom used in the for- 
 mer. 
 
 MULCTA DAMNUM FAMAE NON IRRO- 
 gat. A fine does not impose a loss of repu- 
 tation. Code, 1. 54; Calv. Lex. 
 
 MULIER. Of ancient time, "muUer" was 
 taken for a wife, as it is commonly used for 
 a woman, and sometimes for a widow; but it 
 has been held that a virgin is included un- 
 der the name "mulier." Co. Litt. 170, 243; 
 2 Bl. Comm. 248. 
 
 The term is used always in contradistinc- 
 tion to a bastard, mulier being always legit- 
 imate (Co. Litt. 243), and seems to be a 
 word corrupted from melior, or the French 
 meilleur, signifying lawful issue born in 
 wedlock. But by Glanville, lawful issue are 
 said to be mulier, not from melior, but be- 
 cause begotten e muliere and not ea concu- 
 bina, for he calls such issue fUiog muliera- 
 tos, opposing them to bastards. Glanv. lib. 
 7, c. 1. If the said lands "should, accord- 
 ing to the queen's lawes, descend to the 
 right heire, then in right it ought to de- 
 scend to him, as next heire being myMedia 
 
MULIER PUISNE 
 
 675 
 
 MULTITUDO ERRANTIUM 
 
 borne, and the other not so borne." Hol- 
 inshead, Chron. Ireland, an. 1558, 
 
 MULIER PUISNE (Law Fr.) When a man 
 has a bastard son, and afterwards marries 
 the mother, and by her has also a legiti- 
 mate son, the elder son is bastard eigne, 
 and the younger son is mulier puisne. 
 
 MULTA CONCEDUNTUR PER OBLIQU- 
 um quae non conceduntur de directo. Many 
 things are conceded indirectly which are 
 not allowed directly. 6 Coke, 47. 
 
 MULTA FIDEM PROMISSA LEVANT. 
 Many promises lessen confidence. 11 Cush. 
 (Mass.) 350. 
 
 MULTA IGNORAMUS QUAE NOBIS 
 non laterent si veterum lectio nobis fuit 
 familiaris. We are ignorant of many things 
 which would not be hidden from us if the 
 reading of old authors were familiar to us. 
 10 Coke, 73. 
 
 MULTA IN JURE COMMUNI CONTRA 
 rationem disputandl pro communi utilitate 
 Introducta sunt. Many things have been in- 
 troduced into the common law, with a view 
 to the public good, which are inconsistent 
 with sound reason. Co. Litt. 70; Broom, 
 Leg. Max. (3d London Ed.) 150; 2 Coke, 
 75. See 3 Term R. 146; 7 Term R. 252. 
 
 MULTA MULTO EXERCITATIONE FA- 
 cilius quam reg,ulis percipes. You -will per- 
 ceive many things much more easily by 
 practice than by rules. 4 Inst. 50. 
 
 MULTA NON VETAT LEX, QUAE TA- 
 men tacite damnavit. The law fails to for- 
 bid many things which yet it has silently 
 condemned. 
 
 MULTA TRANSEUNT CUM UNIVERSI- 
 tate quae non per se transeunt. Many things 
 pass as a whole which would not pass sepa- 
 rately. Co. Litt. 12a. 
 
 MULTI MULTA; NEMO OMNIA NOVIT. 
 Many men know many things ; no one knows 
 everything. 4 Inst. 348. 
 
 MULTI UTILIUS EST PAUCA IDONEA 
 effundere, quam multis inutilibus homines 
 gravari. It is much more useful to pour 
 forth a few useful things than to oppress 
 men with many useless things. 4 Coke, 20. 
 
 MULTIFARIOUSNESS. In equity plead- 
 ing. The demand in one bill of several mat- 
 ters of a distinct and independent nature 
 against several defendants. Cooper, Eq. PI. 
 182; 18 Ves. 80; 2 Mason (U. S.) 201; 4 
 Cow. (N. Y.) 682; 2 Gray (Mass.) 467. 
 
 The uniting in one bill against a single de- 
 fendant several matters perfectly distinct 
 and unconnected. This latter is more prop- 
 erly called "misjoinder" (q. v.) 
 
 The subject admits of no general rules, 
 but the courts seem to consider the circum- 
 stances of each case with reference to avoid- 
 ing on one hand a multiplicity of suits, 
 
 and OB the other inconvenience and hard- 
 ship to the defendants from being obliged to 
 answer matters with which they have, in 
 great part, no connection, and the compli- 
 cation and confusion of evidence. 1 Mylne 
 & C. 618; 5 Sim. 288; 3 Story, C. C. (U. S.) 
 25; 2 Gray (Mass.) 471; Story, Eq. PI. 
 §§ 274, 630. It is to be taken advantage of 
 by demurrer (2 Anstr. 469) , or by plea and 
 answer previous to a hearing (Story, Eq. 
 PI. 530, note), or by the court of its own 
 acccod at any time (1 Myline & K. 546; 3 
 How. [U. S.] 412; 5 How. [U. S.] 127). 
 See, generally. Story, Eq. PL §§ 274-290, 
 530-540; 4 Bouv. Inst, note 4243. 
 
 MULTIPLE POINDING. In Scotch law. 
 Double distress; a name given to an action 
 which may be brought by a person in pos- 
 session of goods claimed by different per- 
 sons pretending a right thereto, calling the 
 claimants and all others to settle their 
 claims, so that the party who sues may be 
 liable only "in once and single payment." 
 Bell, Diet.; 2 Bell, Comm. 299; Stair, Inst. 
 3. 1. 39. 
 
 MULTIPLEX ET INDISTINCTUM PARIT 
 confusionem; et questlones quo simpliciores, 
 eo lucidiores. Multiplicity and indistinct- 
 ness produce confusion; the more simple 
 questions are, the more lucid they are. Hob. 
 335. 
 
 MULTIPLICATA TRANSGRESSIONE 
 crescat poenae inflicto. The infliction of 
 punishment should be in proportion to the 
 increase of crime. 2 Inst. 479. 
 
 MULTIPLICITY (from Lat. multiplex, 
 from multus, many, and pUcare, to fold) . A 
 state of being many. Webster. That qual- 
 ity of a pleading which involves a variety of 
 matters or particulars; undue variety. 2 
 Saund. 410. 
 
 A multiplying or increasing. Story, Eq. 
 PI. § 287. 
 
 MULTIPLICITY OF SUITS. A multiplici- 
 ty of suits does not mean a multitude of 
 suits. It does not apply to a situation where 
 each of several parties jointly and severally 
 liable may be independently sued, but where 
 one party may be sued several times in rela- 
 tion to the same subject matter, in its en- 
 tirety or in respect to some element or ele- 
 ments thereof. 133 Wis. 561. 
 
 MULTITUDE. The meaning of this word 
 is not very certain. By some it is said that, 
 to make a multitude, there must be ten per- 
 sons, at least, while others contend that the 
 law has not fixed any number. Co. Litt. 
 257. 
 
 MULTITUDINEM DECEM FACIUNT. 
 
 Ten make a multitude. Co. Litt. 247. 
 
 MULTITUDO ERRANTIUM NON PARIT 
 error! patrocinium. The multitude of those 
 who err is no protection for error. 11 Coke, 
 75. 
 
MULTITUDO IMPERITORUM 
 
 676 
 
 MUNICIPAL SECURITIES 
 
 MULTITUDO IMPERITORUM PERDIT 
 curiam. A multitude of ignorant practition- 
 ers destroys a court. 2 Inst. 219. 
 
 MULTURE (Law Lat. multura, molitura, 
 from molere, to grind) . In old English law. 
 A grinding of grain at a mill; the grain 
 ground. 
 
 The toll or fee due for grinding grain. 2 
 Mon. Angl. 825; Cowell. Called multer in 
 an old award. 28 Hen. IV. cited by Blount. 
 
 In Scotch Law. A duty paid for grind- 
 ing in any mill. 1 Forbes, Inst. pt. 2, p. 
 140. A quantity of grain payable to the 
 proprietor of a mill for grinding grain. Bell, 
 Diet. 
 
 MUND. Peace. 
 
 MUNOBRYE. A breach of the peace. 
 
 M UN ERA. The name given to grants 
 made in the early feudal ages, which were 
 merely tenancies at, will, or during the pleas- 
 ure of the grantor. Dalr. Feud. Prop. 198, 
 199; Wright, Ten. 19. 
 
 MUNICEPS (Lat. from munus, office, and 
 capere, to take). In Roman law. Eligible 
 to office. 
 
 A freeman born in a municipality or town 
 other than Rome, who had come to Rome, 
 and, though a Roman citizen, yet was looked 
 down upon as a provincial, and not allowed 
 to hold the higher offices (dignitates.) 
 
 The inhabitants of a municipality en- 
 titled to hold municipal offices. Vocat; Calv. 
 Lex. 
 
 MUNICIPAL. Strictly, this word applies 
 only to what belongs to a city. 
 
 Among the Romans, cities were called mu- 
 nicipia. These cities voluntarily joined the 
 Roman republic in relation to their sover- 
 eignty only, retaining their laws, their liber- 
 ties, and their magistrates, who were thence 
 called "municipal magistrates." With us 
 this word has a more extensive meaning; for 
 example, we call "municipal law" not the 
 law of a city only, but the law of the state. 
 1 Bl. Comm. "Municipal" is used in con- 
 tradistinction to "international." Thus, we 
 say, an offense against the law of nations is 
 an international offense, but one committed 
 against a particular state or separate com- 
 munity is a municipal offense. 
 
 MUNICIPAL AID. A contribution of 
 money, lands, municipal bonds, etc., by a 
 municipality to some private enterprise 
 deemed to be of general benefit, to procure 
 or encourage the construction thereof. 
 
 MUNICIPAL CORPORATION. A public 
 corporation, created by government for po- 
 litical purposes, and having subordinate and 
 local powers of legislation; e. g., a county, 
 town, city, etc. 2 Kent, Comm. 275; Angell 
 & A. Corp. 9, 29; 1 Baldw. (U. S.) 222. 
 
 An incorporation of persons, inhabitants 
 of a particular place, or connected with a 
 particular district, enabling them to conduct 
 
 its local civil government. Glover, Mun. 
 Corp. 1. 
 
 The incorporation, by authority of the 
 government, of the inhabitants of a particu- 
 lar place, and authorizing them, in their 
 corporate capacity, to exercise certain speci- 
 fied powers with respect to their local gov- 
 ernment. Dill. Mun. Corp. § 2. 
 
 In modern usage, the term is somewhat 
 narrower, and is generally confined to 
 bodies politic, specially organized or char- 
 tered, and excluding the ordinary political 
 divisions of the state. In this sense, it in- 
 cludes cities and villages, but excludes 
 counties, townships, or school districts. 44 
 Wis. 489; 34 Iowa, 84; 52 Mo. 309. But 
 see 36 Minn. 430. 
 
 In English Law. A body of persons In 
 
 a town having the powers of acting as one 
 person, of holding and transmitting prop- 
 erty, and of regulating the government of 
 the town. Such corporations existed in the 
 chief towns of England (as of other coun- 
 tries) from very early times, deriving their 
 authority from "incorporating" charters 
 granted by the crown. Wharton. 
 
 MUNICIPAL CORPORATIONS ACT. In 
 
 English law. A general statute (5 & 6 Wm. 
 IV. c. 76), passed in 1835, prescribing gen- 
 eral regulations for the incorporation and 
 government of boroughs. 
 
 MUNICIPAL COURTS. Courts whose ju- 
 risdiction extends only to the limits of a 
 municipality. They are sometimes so called 
 in the statutes creating them, but some- 
 times have other designations. 
 
 MUNICIPAL LAW. In contradistinction 
 to international law is the system of law 
 proper to any single nation or state. It is 
 the rule or law by which a particular dis- 
 trict, community, or nation is governed. 1 
 Bl. Comm. 44. 
 
 Municipal law contrasts with internation- 
 al law, in that it is a system of law proper 
 to a single nation, state, or community. In 
 any one state, the municipal law of another 
 state is foreign law. A conffict of laws 
 arises where a case arising in one state in- 
 volves foreign persons or interests, and the 
 foreign and the domestic law do not agree 
 as to the proper rule to be applied. 
 
 The various provinces of municipal law 
 are characterized according to the subjects 
 with which they respectively treat; as, 
 "criminal or penal law," "civil law," "mili- 
 tary law," and the like. "Constitutional 
 law," "commercial law," "parliamentary 
 law," and the like, are departments of the 
 general province of civil law, as distin- 
 guished from criminal and military law. 
 
 MUNICIPAL ORDINANCE. An ordinance 
 of a municipal corporation. 
 
 MUNICIPAL SECURITIES. Municipal se- 
 curities are evidences of municipal indebt- 
 edness issued by the municipality. 
 
MUNICIPALITY 
 
 677 
 
 MURDRITOR 
 
 They are of two general classes: 
 
 (1) Municipal bonds, being written and 
 usually sealed obligations executed by the 
 proper officers of the municipality, binding 
 it to pay a specified sum at a particular 
 time. Such bonds are ordinarily negotiable. 
 
 (2) Municipal warrants, being instru- 
 ments generally in the form of a bill of ex- 
 change drawn by a municipal officer, upon 
 the treasurer directing him to pay a speci- 
 fied amount to a person named, or to bearer. 
 
 MUNICIPALITY. The body of officers, 
 taken collectively, belonging to a city, who 
 are appointed to ijianage its affairs, and 
 defend its interests. 
 
 MUNICIPIUM (Lat. from mMWMS, office or 
 honor, and capere, to take) . 
 
 in Roman Law. A foreign town to 
 
 which the freedom of the city of Rome was 
 granted, and whose inhabitants had the 
 privilege of enjojdng offices and honors 
 there; a free town. Butler, Hor. Jur. 29; 
 Adams, Rom. Ant. 47, 77. 
 
 A free or privileged town; one that had 
 the right of being governed by its own laws 
 and customs. Id. 77. Hence the Latin mu- 
 nicipalis, and English "municipal" (g. v.) 
 
 In Old English Law. A castle. Spel- 
 
 man. 
 
 MUNIMENTS. The instruments of writ- 
 ing and written evidences which the owner 
 of lands, possessions, or inheritances has, 
 by which he is enabled to defend the title 
 of his estate. Termes de la Ley; 3 Inst. 
 170. . 
 
 MUNUS. A gift; an office; a benefice, or 
 feud; a gladiatorial show or spectacle. Calv. 
 Lex.; Du Cange. 
 
 MUR, or MURE (Law Fr. from murus). 
 A wall. Par mure ou par haye, by a wall 
 or by a hedge. Britt. c. 61. Mur abatu, a 
 wall beaten or thrown down. Id. 
 
 MURAGE. A toll formerly levied in Eng- 
 land for repairing or building public walls. 
 St. Westminster I. c. 30. 
 
 MURAL MONUMENTS. Monuments made 
 in walls. 
 
 Owing to the difficulty or impossibility of 
 removing them, secondary evidence may be 
 given of inscriptions on walls, fixed tables, 
 gravestones, and the like. 2 Starkie, 274. 
 
 MURDER. In criminal law. The willful 
 killing of any subject whatever, with malice 
 aforethought, whether the person slain shall 
 be an Englishman or a foreigner. Hawk. P. 
 C. bk. 1, c. 13, S 3. Russell says, the killing 
 of any person under the king's peace, with 
 malice prepense or aforethought, either ex- 
 press or implied by law. 1 Russ. Crimes, 
 421; 5 Cush. (Mass.) 304. When a person 
 of sound mind and discretion unlawfully 
 killeth any reasonable creature in being, and 
 under the king's peace, with malice afore- 
 thought, either express or implied. 3 Inst. 
 47. 
 
 This latter definition, which has been 
 adopted by Blackstone (4 Comm. 195), Chit- 
 ty (2 Crim. Law, 724), and others, has 
 been severely criticized. What, it has been 
 asked, are "sound memory and understand- 
 ing?" What has soundness of memory to 
 do with the act? Be it ever so imperfect, 
 how does it affect the guilt? If discretion 
 is necessary, can the crime ever be com- 
 mitted? For is it not the highest indiscre- 
 tion in a man to take the life of another, 
 and thereby expose his own? If the person 
 killed be an idiot or a new-born infant, is 
 he a reasonable creature? Who is in the 
 king's peace? What is malice aforethought? 
 Can there be any malice afterthought? Liv- 
 ingston, Pen. Law, 186, It is, however, ap- 
 parent that some of the criticisms are mere- 
 ly verbal, and others are answered by the 
 construction given in the various cases to 
 the requirements of the definition. See, 
 especially, 5 Cush. (Mass.) 304. 
 
 According to Coke's definition, there must 
 be: First, sound mind and memory in the 
 agent. By this is understood there must be 
 a will and legal discretion. Second, an act- 
 ual killing; but it is not necessary that it 
 should be caused by direct violence; it is 
 sufficient if the acts done apparently endan- 
 ger life and eventually prove fatal. Hawk. 
 P. C. bk. 1, c. 31, § 4; 1 Hale, P. C. 431; 1 
 Ashm. (Pa.) 289; 9 Car. & P. 356; 2 Palm- 
 er, 545. Third, the party killed must have 
 been a reasonable being, alive and in the 
 king's peace. To constitute a birth, so as 
 to make the killing of a child murder, the 
 whole body must be detached from that of 
 the mother; but if it has come wholly forth, 
 but is still connected by the umbilical cord, 
 such killing will be murder. 2 Bouv. Inst, 
 note 1722. Foeticide would not be such a 
 killing; he must have been in rerum natura. 
 Fourth, malice, either express or implied. It 
 is this circumstance which distingushes mur- 
 der from every description of homicide. See 
 "Malice." 
 
 In some of the states, by legislative enact- 
 ments, murder has been divided into degrees, 
 according to the degree of premeditation. 
 
 MURDRARE (Law Lat.) In old criminal 
 law. To murder. 3 Bl. Comm. 321. Mur- 
 dravit, murdered. A necessary word in old 
 indictments for murder. 4 Bl. Comm. 307; 
 5 Coke, 122b; Lord Kenyon, 2 East, 30. 
 
 To hide, conceal, or stifle. Nullam veri- 
 tatem celabo, nee celari permittam, vel mur- 
 drari, I will conceal no truth, nor will I 
 permit it to be concealed or stifled. Fleta, 
 lib. 1, c. 18, § 4. Words of the oath of an 
 inquisitor or juror. And see Id. §§8, 10. 
 
 MURDRE (Law Fr.) Murder. LL. GuL 
 Conq. lib. 26. 
 A fine so called. Id. See "Murdrum." 
 
 MURDRITOR (Law Lat. from murdrare, 
 q. V.) In old English law. A murderer. 
 Murdritores, murderers. Bracton, £ol. 115b. 
 
MURDRUM 
 
 678 
 
 MUTUAL CREDITS 
 
 MURDRUM. In old English law. During 
 the times of the Danes, and afterwards till 
 the reign of Edward III., mujrdrum was the 
 killing of a man in a secret manner, and in 
 that it differed from simple homicide. 
 
 When a man was thus killed, and he was 
 unknown, by the laws of Canute he was pre- 
 sumed to be a Dane, and the vill was com- 
 pelled to pay forty marks for his death. 
 After the Conquest, a similar law was made 
 in favor of Frenchmen, which was abolished 
 by 3 Edw. III. 
 
 The fine formerly imposed in England 
 upon a person who had committed homicide 
 per infortunium or se defendendo. Prin. 
 Pen. Law 219, note (r). 
 
 MURDRUM OPERATIC. The service of 
 work and labor done by inhabitants and ad- 
 joining tenants in building or repairing the 
 walls of a city or castle; their personal serv- 
 ice was commuted into murage (q. v.) Cow- 
 ell. 
 
 MURTHRUM. In old Scotch law. Mur- 
 ther or murder. Skene de Verb. Sign. 
 
 MUSEUM. By tracing the Greek word 
 from which "museum" is derived to its root 
 it is' found to signify amusement, or to 
 amuse; and thus, the term museum would 
 appear to embrace not only collections of 
 curiosities for the entertainment of the 
 sight, but also such as would interest, 
 amuse and instruct the mind. But see Web- 
 ster. 5 Stev. & Port. (Ala.) 109. 
 
 MUSTER ROLL. In maritime law. A list 
 or account of a ship's company, required to 
 be kept by the master or other person hav- 
 ing care of the ship,' containing the names, 
 ages, national .character, and quality of 
 every person employed in the ship. Abb. 
 Shipp. 191, 192; Jacobsen, Sea Laws, 161. 
 
 MUSTIZO. A name given to the issue of 
 an Indian and a negro. Dudley (S. C.) 174. 
 
 MUTA CANUM (Law Lat.) In old EJng- 
 lish law. A pack of hounds. Spelman. See 
 2 How. St. Tr. 1164. 
 
 MUTATIO NOMINIS (Lat.) In the civil 
 law. Change of name. Code, 9. 25. 
 
 MUTATION. In French law. This term is 
 synonymous with "change," and is particu- 
 larly applied to designate the change which 
 takes place in the property of a thing in its 
 transmission from one person to another. 
 Permutation therefore happens when the 
 owner of the thing sells, exchanges, or gives 
 it. It is nearly synonymous with transfer. 
 Merlin, Repert. 
 
 MUTATION OF LIBEL. In practice. An 
 amendment allowed to a libel, by which 
 there is an alteration of the substance of 
 the libel, as by propounding a new cause of 
 action, or asking one thing istead of an- 
 other. Dunl. Adm. Prac. 213; Law, Ecc. 
 Law, 165-167; 1 Paine (U. S.) 435; 1 Gall. 
 (U. S.) 123; 1 Wheat. (U. S.) 261. 
 
 MUTATIS MUTANDIS (Lat) The neces- 
 sary changes. This is a phrase of frequent 
 practical occurrence, meaning that matters 
 or things are generally the same, but to be 
 altered when necessary, as to names, offices, 
 and the like. 
 
 MUTE (Lat. rriutvs). See "Standing 
 Mute." 
 
 MUTILATION. In criminal law. The de- 
 priving a man of the use af any of those 
 limbs which may be useful to him in fight, 
 the loss of which amounts to mayhem. 1 
 BL Comm. 130. 
 
 MUTINY. In criminal law. The unlawful 
 resistance to a superior oflicer, or the rais- 
 ing of commotions and disturbances on 
 board of a ship against the authority of its 
 commander, or in the army in opposition to 
 the authority of the officers; a sedition; a 
 revolt. 
 
 MUTINY ACT. In English law. A statute, 
 annually passed, to punish mutiny and de- 
 sertion, and for the better payment of the 
 army and their quarters. It was first passed 
 April 12, 1689. See 22 Vict. cc. 4, 5. The 
 passage of this bill is the only provision foi: 
 the payment of the army, and, like our 
 appropriation bills, it must be passed, or the 
 wheels of government will be stopped. There 
 is a similar act with regard to the navy. 1 
 BL Comm. 416, 417, note. 
 
 MUTUAL. Reciprocal; reciprocally giving 
 and receiving. Applied to contracts and 
 relations by which reciprocal duties are im- 
 posed. 
 
 MUTUAL ACCOUNT. See "Account." 
 
 MUTUAL AND OPEN ACCOUNT CUR- 
 
 rent. A mutual and open account current 
 is one consisting of credits as well as deb- 
 its between the parties. 73 W. 545. 
 
 MUTUAL CONTRACT. To constitute a 
 mutual contract both parties must be bound. 
 Without this reciprocal obligation no con- 
 tract can be constituted. If for any reason 
 a contract cannot be enforced against one 
 party, that party is incapable of enforcing 
 it against the other. 157 111. 342. 
 
 MUTUAL CREDITS. Credits given by 
 two persons mutually, i. e., each giving cred- 
 it to the other. It is a more extensive phrase 
 than "mutual debts." Thus, the sum cred- 
 ited by one may be due at once; that by the 
 other payable in futuro; yet the credits are 
 mutual, though the transaction would not 
 come within the meaning of mutual debts. 1 
 Atk. 230 ; 7 Term R. 378. And it is not neces- 
 sary that there should be intent to trust 
 each other. Thus, where an acceptance of 
 A. came into the hands of B. who bought 
 goods of A., not knowing the acceptance to 
 be in B.'s hands, it was held a mutual cred- 
 it. 3 Term R. 507, note; 4 Term R. 211; 3 
 Ves. 65; 8 Taunt. 156, 499; 1 Holt, 408; 2 
 
MUTUAL INSURANCE 
 
 679 
 
 MYSTIC TESTAMENT 
 
 Smith, Lead. Cas. 179; 26 Barb. (N. Y.) 
 310; 4 Gray (Mass.) 284. 
 
 MUTUAL INSURANCE. A form of life in- 
 surance in which the insurer is an associa- 
 tion in which all the policy holders are mem- 
 bers, and the losses are met by assessments 
 levied upon the members either periodically, 
 or as the exigency arises. See 50 Miss. 662. 
 
 MUTUAL MISTAKE. The phrase "mutual 
 mistake," as used in equity, means a mistake 
 common to all the parties to a written con- 
 tract or instrunient, and it usually relates 
 to a mistake concerning the contents or the 
 legal effect of the contract or instrument. 
 150. Mass. 30. See "Mistake." 
 
 MUTUAL PROMISES. Promises simulta- 
 neously made by two parties to each other, 
 each promise being the consideration of the 
 other. Hob. 88; 14 Mees. & W. 855; Add. 
 Cent. 22. If one of the promises be void- 
 able, it will yet be good consideration; but 
 not if void. Story, Cont. § 81; 2 Steph. 
 Comm. 114. 
 
 MUTUALITY. Reciprocity; acting in re- 
 turn. Add. Cont. 622; 26 Md. 37. See 
 "Consideration." 
 
 MUTUANT. The person who lends chat- 
 ' tels in the contract of mutuum {g. v.) 
 
 MUTUARI. To borrow; mutuatus, a bor- 
 rowing. 2 Archb. Prac. 25. 
 
 MUTUARY. A person who borrows per- 
 sonal chattels to be consumed by him, and 
 returned to the lender in kind; the person 
 who receives the benefit arising from the 
 contract of mutuum. Story, Bailm. § 47. 
 
 MUTUS (Lat.) In civil and old English 
 law. Dumb; mute; a dumb person. Dig. 
 50. 17. 124; Inst. 3. 20. 7; Fleta, lib. 2, c. 
 56, § 19. Mutus et surdus, dumb and deaf. 
 Cro. Jac. 105. 
 
 MUTUUM. A loan of personal chattels to 
 be consumed by the borrower, and to be re- 
 turned to the lender in kind and quantity; 
 as, a loan of com, wine, or money, which 
 are to be used or consumed, and are to be 
 replaced by other corn, wine, or money. 
 Story, Bailm. § 228. See "Loan for Con- 
 sumption"; "Loan and Use." 
 
 MY (Law Pr.) Half; middle. En my leu, 
 in the middle place ; in the middle. Bntt. c. 
 119. Per my et per tout, by the half or moi- 
 ety, and by all. 2 BI. Comm. 182. 
 
 MYALGIA. A nervous disease affecting 
 the muscles. 244 111. 342. 
 
 MYELITIS. Inflammation of the spinal 
 cord. 193 111. 279; 41 111. App. 273. 
 
 MYNUTE (Law Fr.) Midnight. Britt. 
 c. 80. 
 
 MYS (Law Fr. from mitter, to put). Put; 
 sent; put in or inserted. Mys a lour pe- 
 naunce, put to their penance. Britt. c. 4. 
 Mys en ferges, i)ut in irons. Id. c. 11. 
 P' ales mys en escritz, words put in writings. 
 Id. c. 39. Que date soit mys del jour, that a 
 date be put in of the day. Id. Mys en la 
 gaole. Id. c. 100. Mys en certaine, put in 
 certain. Dyer, 55b. 
 
 MYSTERY (said to be derived from the 
 French mestier, now written metier, a 
 trade) . A trade, art, or occupation. 2 Inst. 
 668. 
 
 Masters frequently bind themselves in the 
 indentures with their apprentices to teach 
 them their art, trade, and mystery. See 
 Hawk. P. C. c. 23, § 11. 
 
 MYSTIC TESTAMENT. A will under 
 seal. 5 Mart. (La.) 182; 5 La. 396; 10 La. 
 328; 15 La. 88. 
 
 So called from the fact that it is sealed 
 up or enclosed by the testator before attes- 
 tation. Civ. Code La. arts. 1567, 1584. 
 
N 
 
 680 
 
 NATI ET NASCITUEI 
 
 N 
 
 N. An abbreviation of Novelise, the Nov- 
 els of Justinian; used in citing them. Tayl. 
 Civ. Law, 24. 
 
 N. E. I. An abbreviation for non est irir 
 ventus (g. v.) 
 
 N. L. An abbreviation of non liquet (q. v.) 
 
 NACION. (L. Ft.) Birth; origin. 
 
 NAIF (Law Fr.; Law Lat. nativus, a born 
 slave). A villein; a born slave (nee serfe). 
 Britt. c. 31; LL. Gul. Conq. lib. 33. 
 
 NAKED. As used in legal phrases, the 
 term means either without consideration or 
 legal formality, or without support or cor- 
 roboration. 
 
 NAKED CONFESSION. A confession of 
 crime unsupported by extrinsic evidence 
 showing the commission of the crime. 
 
 NAKED POWER. A right, power or au- 
 thority disconnected from any interest or 
 estate of the donee in the subject-matter 
 to which it relates. 1 Caines Cas. (N. Y.) 
 , 15; 47 Miss. 534. 
 
 NAKED TRUST. A passive trust. 
 
 NAM, or NAAM. 
 
 In Old English Law. The taking of a 
 
 pledge; a distress. A component part of the 
 word "withernam" {q. v.) 
 
 In Latin Phrases. For. Used as in- 
 troductory to the quotation of a maxim, and 
 sometimes erroneously treated as part of the 
 maxim itself. 
 
 NAMARE (Law Lat.) To' take; to dis- 
 train. Spelman. The derivatives rtamptus 
 and na/mptum were also used. 
 
 NAMATO (Law Lat.) In old English and 
 Scotch law. A distraining or taking of a 
 distress; an impounding. Spelman. 
 
 The Enelish namation is given by Cowell 
 and Blount. 
 
 NAME. One or more words habitually 
 used to distinguish a particular individual. 
 
 A letter of the alphabet does not consti- 
 tute a name. 232 111. 228. 
 
 The name of a person consists, among 
 Anglo-Saxon peoples, of one family name, 
 surname, or patronymic, by which all mem- 
 bers of the immediate family are known, 
 and one Christian, baptismal, or surname 
 bestowed upon one by his parents, to distin- 
 guish him from others of the same family. 
 5 Eobt. 599. 
 
 Only one Christian name is recognized in 
 law, and for all legal purposes the use of a 
 middle name is surplusage. 31 Minn. 385; 
 78 Iowa, 519; 39 Barb. (N. Y.) 479. 
 
 For all practical and legal purposes, the 
 name by which a person is known and called 
 in the community in which he lives and is 
 best known, is his name. 149 Iowa 672, 
 31 L. R. A. (N. S.) 1112. 
 
 The word "junior" or "jr" forms no part 
 of a person's name, but is merely descrip- 
 tive. 182 111. 424; 192 111. 184. 
 
 NAME AND ARMS CLAUSE. The popu- 
 lar name in English law for the clause, 
 sometimes inserted in a will or settlement by 
 which property is given to a person, for the 
 purpose of imposing on him the condition 
 that he shall assume the surname and arms 
 of the testator or settlor, with a direction 
 that if he neglects to assume or discontinues 
 the use of them, the estate shall devolve on 
 the next person in remainder, and a provi- 
 sion for preserving contingent remainders. 
 3 Dav. Free. Conv. 277. 
 
 NAMELY. In a strict grammatical sense 
 a difference exists between "namely" and 
 "including." The former imports interpre- 
 tation, i. e., indicates what is included in 
 the previous term; but "including" imports 
 addition, i. e., indicates something not in- 
 cluded. 1 Jarm. 753; 2 Jarm. 229; 14 Bea. 
 626; as to its antecedents, Dy. 77b, pi. 38; 
 Hob. 173. 
 
 NAMIUM. An old word which signifies 
 the taking or distraining another person's 
 movable goods. 2 Inst. 140; 3 HI. Comm. 
 149. A distress. Dalr. Feud. Prop. 113. 
 
 NAMIUM VETITUM. An unjust taking 
 of the cattle of another, and driving them to 
 an unlawful place, pretending damage done 
 by them. 3 Bl. Comm. 149. 
 
 NARR (an abbreviation of the word nar- 
 ratio) . A declaration in a cause. 
 
 NARRATOR. A pleader who draws rva/rrs. 
 Serviens narrator, a serjeant-at-law. Fleta, 
 lib. 2, c. 37. Obsolete. 
 
 NARROW SEAS. In English law. Those 
 seas which adjoin the coast of England. Bac. 
 Abr. "Prerogative" (B 3). 
 
 NASCITURUS (Lat. from nasci, to be 
 bom). In the civil law. An unborn child; 
 a child to be born, or about to be born. 1 
 Kaufm. Mackeld. Civ. Law, 128, § 118; Tayl. 
 Civ. Law, 248. 
 
 NASTRE (Law Fr.) Bom. FoU nastres, 
 born fools; idiots from birth. Britt. c. 84. 
 
 NATALE. The state or condition of a 
 man acquired by birth. 
 
 NATI ET NASCITURI (Lat) Born and 
 to be born. An expression including all 
 
NATIO 
 
 681 
 
 NATURAL-BORN SUBJECTS 
 
 heirs, near and remote. Fleta, lib. 3, c. 8. 
 See Comb. 164. 
 
 NATIO (Lat.) In old reoords. A native 
 place. Cowell. 
 
 NATION. An Independent body politic; a 
 society of men united together for the pur- 
 pose of promoting their mutual safety and 
 advantage by the joint efforts of their com- 
 bined strength. 
 
 But every combination of men who govern 
 themselves independently of all others will 
 not be considered a nation. A body of pi- 
 rates, for example, who govern themselves, 
 are not a nation. To constitute a nation, an- 
 other ingredient is required. The body thus 
 formed must respect other nations in gen- 
 eral, and each of their members in particu- 
 lar. Such a society has her affairs and her 
 interests; she deliberates and takes resolu- 
 tions in common, — thus becoming a moral 
 person, who possesses an understanding and 
 will peculiar to herself, and is susceptible 
 of obligations and rights. Vattel, Prelim. 
 Ill, 2; 5 Pet. (U. S.) 52. See 1 Idaho (N. 
 S.) 612. 
 
 NATIONAL BANKS. National banks are, 
 and are not, foreign corporations. They are 
 incorporated and exist under acts of con- 
 gress and are agencies of the federal gov- 
 ernment, domesticated in the state. 192 
 Mich. 640. 
 
 NATIONAL CORPORATIONS (some- 
 times called "federal corporations"). Those 
 incorporated under acts of congress. 
 
 NATIONAL DOMAIN. See "Public Do- 
 main." 
 
 NATIONAL DOMICILE. Domicile consid- 
 ered with respect to the nation within which 
 one is domiciled, rather than with respect 
 to the particular locality. 
 
 NATIONALITY. Character, status, or con- 
 dition ■with reference to the rights and du- 
 ties of a person as a member of some one 
 state or nation, rather than another. 
 
 The term is in frequent use with regard 
 to ships. See, generally, "Citizen;" "Deni- 
 zen;" "Domicile;" "Naturalization." 
 
 NATIVA (Law Lat.) In old English law. 
 A neife, or female villein. So called, because 
 for the most part bond by nativity. Co. 
 Litt. 122b. 
 
 NATIVE, or NATIVE CITIZEN. A natu- 
 ral-born subject. 1 Bl. Comm. 366. A per- 
 son born within the jurisdiction of the Unit- 
 ed States, whether after Declaration of In- 
 dependence or before, if he did not withdraw 
 before the adoption of the constitution; or 
 the child of a citizen born abroad, if his 
 parents have ever resided here; or the child 
 of an alien bom abroad, if he be in the 
 country at the time his father is natural- 
 ized. 8 Paige, Ch. (N. Y.) 433; Act Cong. 
 Feb. 10, 1855; 2 Kent, Comm. (9th Ed.) 38 
 et seq. 
 
 NATIVI (Law Lat.) Vassals or feudal 
 tenants. So called, even before feuds be- 
 came hereditary. Wright, Ten. 14. 
 
 Villeins. Fleta, lib. 2, c. 51. See "Na- 
 tivus." 
 
 N ATI VITAS. In old English law. VlUen- 
 age; that state in which men were born 
 slaves. 2 Mon. Angl. 643. Called by Brit- 
 ton naifte. Britt. c. 31. 
 
 NATIVO HABENDO. A writ which lay 
 for a lord whose villein had run away, com- 
 manding the sheriff to apprehend the vil- 
 lein, and restore him to the lord. 
 
 NATIVUS. A born villein. 
 
 NATURA APPETIT PERFECTUM, ITA 
 et lex. Nature aspires to perfection, and so 
 does the law. Hob. 144. 
 
 NATURA FIDE JUSSIONIS SIT STRICT- 
 isslml Juris et non durat, vel extendatur de 
 re ad rem, de persona ad personam, de tem- 
 pore ad tempus. The nature of the contract 
 of suretyship is strictissimi juris, and can- 
 not endure nor be extended from thing to 
 thing, from person to person, or from time 
 to time, Burge, Sur. 40. 
 
 NATURA NON FACIT SALTUM, ITA 
 nee lex. Nature makes no leap, nor does the 
 law. Co. Litt. 238. 
 
 NATURA NON FACIT VACUUM; NEC 
 lex supervacuum. Nature makes no vacuum; 
 the law nothing purposeless. Co. Litt. 79. 
 
 NATURAE VIS MAXIMA; NATURA BIS 
 maxima. The force of nature is greatest; 
 nature Is doubly great. 2 Inst. 564. 
 
 NATURAL AFFECTION. The affection 
 which a husband, a father, a brother, or 
 other near relative naturally feels towards 
 those who are so nearly allied to him some- 
 times supplies the place of a valuable con- 
 sideration in contracts, and natural affec- 
 tion is a good consideration in a deed. See 
 "Bargain and Sale;" "Covenant to Stand 
 Seised to Uses." 
 
 NATURAL ALLEGIANCE. 
 
 In English Law. That kind of alle- 
 giance which is due from all men born 
 within the king's dominions, immediately 
 upon their birth, which is intrinsic and 
 perpetual, and cannot be divested by any 
 act of their own. 1 Bl. Comm. 369 ; 2 Kent, 
 Comm. 42. 
 
 In American Law. The allegiance due 
 
 from citizens of the United States to their 
 native country, and also from naturalized 
 citizens, and which cannot be renounced 
 without the permission of government, to 
 be declared by law. 2 Kent, Comm. 43-49. 
 
 NATURAL-BORN SUBJECTS. In Eng- 
 lish law. Such persons as are born within 
 the dominions of the crown of England, or 
 rather within the allegiance of the king. 
 
NATURAL CHILDREN 
 
 682 
 
 NAUCLERUS 
 
 NATURAL CHILDREN. Bastards; chil- 
 dren born out of lawful wedlock. 
 
 In Civil Law. Children by procrea- 
 tion, as distinguished from children by 
 adoption. 
 
 In Louisiana. Illegitimate children 
 
 who have been adopted by the father. Civ. 
 Code La. art. 220. 
 
 NATURAL DAY. That space of time In- 
 cluded between the rising and the setting of 
 the sun. See "Day." 
 
 NATURAL EQUITY. That which is 
 founded in natural justice, in honesty and 
 right, and which arises ex aequo et bono. 
 
 It corresponds precisely with the defini- 
 tion of justice or natural law, which is a 
 constant and perpetual will to give to every 
 man what is his. This kind of equity em- 
 braces so wide a range that human trib- 
 unals have never attempted to enforce it. 
 Every code of laws has left many matters 
 of natural justice or equity wholly unpro- 
 vided for, , from the diflSculty of framing 
 general rules to meet them, from the 
 almost impossibility of enforcing them, and 
 from the doubtful nature of the policy of 
 attempting to give a legal sanction to duties 
 of imperfect obligation, such as charity, 
 gratitude, or kindness. 4 Bouv. Inst, note 
 3720. 
 
 NATURAL FOOL. An idiot; one bom 
 without the reasoning powers, or a capacity 
 to acquire them. 
 
 NATURAL FRUITS. The natural produc- 
 tion of trees, bushes, and other plants, for 
 the use of men and animals, and for the 
 reproduction of such trees, bushes, or 
 plants. 
 
 This expression is used in contradistinc- 
 tion to artificial or figurative fruits. For 
 example, apples, peaches, and pears are 
 natural fruits; interest is the fruit of 
 money, and this is artificial. 
 
 NATURAL INFANCY. A period of nonre- 
 sponsible life, which ends with the seventh 
 year. 
 
 NATURAL LAW. The law of nature; the 
 divine will, or the dictate of right reason, 
 showing the moral deformity or moral ne- 
 cessity there is in any act, according to its 
 suitableness or unsuitableness to a reason- 
 able nature. A proposition naturally rec^ 
 ognized, pointing out actions which are 
 the source of common good. Cumberland, 
 De Lege Nat. V. 1. Sometimes used of the 
 law of human reason, in contradistinction 
 to the revealed law, and sometimes of both, 
 in contradistinction to positive law. 
 
 They are independent of any artificial 
 connections, and differ from mere presump- 
 tions of law in this essential respect, that 
 the latter depend on and are a branch of 
 the particular system of jurisprudence to 
 which they belong; but mere natural pre- 
 sumptions are derived wholly by means of 
 the common experience of mankind, with- 
 
 out the aid or control of any particular 
 rule of law, but simply from the course of 
 nature and the habits of society. These 
 presumptions fall within the exclusive 
 province of the jury, who are to pass upon 
 the facts. 3 Bouv. Inst, note 8064; Greenl. 
 Ev. § 44. 
 
 NATURAL LIBERTY. The power of act- 
 ing as one thinks fit, virithout any restraint 
 or control, unless by the law of nature. 
 1 Bl. Comm. 125. 
 
 NATURAL LIFE. The period between 
 birth and natural death, as distinguished 
 from civil death (g. v.) 
 
 NATURAL OBLIGATION. One which in 
 honor and conscience binds the person who 
 has contracted it, but which cannot be en- 
 forced in a court of justice. Poth. notes 
 173, 191. See "Obligation." 
 
 NATURAL PERSONS. Such as are 
 formed by the Deity, as distinguished from 
 artificial persons, or corporations, formed 
 by human laws for purposes of society and 
 government. 
 
 NATURAL PRESUMPTIONS. In evi- 
 dence. Presumptions of fact; those which 
 depend upon their own form and efficacy in 
 generating belief or conviction in the mind, 
 as derived from those connections which are 
 pointed out by experience. See also "Nat- 
 ural Law." 
 
 NATURAL YEAR. In old English law. 
 That period of time in which the sun was 
 supposed to revolve in its orbit, consisting 
 of three hundred and sixty-five days and 
 one-fourth of a day, or six hours. Brac- 
 ton, fol. 359b. 
 
 NATURALE EST QUIDLIBET DISSOLVI 
 60 modo quo ligatur. It is natural for a thing 
 to be unbound in the same way in which it 
 was bound. Jenk. Cent. Cas. 66; 4 Denio 
 (N. Y.) 414, 417; Broom, Leg. Max. (3d 
 London Ed.) 785. 
 
 NATURALEZA. In Spanish law. The 
 state of a natural-born subject. White, 
 New Recop. bk. 1, tit. 5, c. 2. Called 
 naturalidad. 
 
 NATURALIZATION. The process of con- 
 ferring citizenship on an alien. 
 
 NATURALIZED CITIZEN. One who, be- 
 ing born an alien, has lawfully become a 
 citizen of the United States under the con- 
 stitution and laws. 
 
 He has all the rights of a natural-born 
 citizen, except that of being eligible as 
 president or vice president of the United 
 States. In foreign countries he has a right 
 to be treated as such, and will be so con- 
 sidered even in the country of his birth, 
 at least for most purposes. 1 Bos. & P. 430. 
 See "Citizen." 
 
 NAUCLERUS (I^at.) Master or owner of 
 a vessel. Vicat; Calv. Lex. 
 
NAUFRAGE 
 
 683 
 
 NAVIRE 
 
 NAUFRAGE. In French maritime law. 
 When, by the violent agitation of the waves, 
 the impetuosity of the winds, the storm, or 
 the lightning, a vessel is swallowed up, or 
 so shattered that there remain only the 
 pieces, the accident is called naufrage. 
 
 It differs from echouement, which is 
 when the vessel remains whole, but is 
 grounded; or from bris, which is when it 
 strikes against a rock or a coast; or from 
 sombrer, which is the sinking of a vessel in 
 the sea when it is swallowed up, and which 
 may be caused by any accident whatever. 
 Pardessus, note 643. See "Wreck." 
 
 NAUFRAGIUM (Lat.) Shipwreck. 
 
 NAUGHT. In old practice. Bad; defec- 
 tive. "The bar is naught." 1 Leon. 77. 
 "The avowry is naught." 5 Mod. 73. "The 
 plea is undoubtedly naught." 10 Mod. 329. 
 See 11 Mod. 179. Sometimes written 
 "naughty." Brownl. & G. 97. 
 
 NAULAGE. The freight of passengers in 
 a ship. Johnson; Webster. 
 
 NAULUM (Lat.) Freight or passage 
 money. 1 Pars. Mar. Law, 124, note; Dig. 
 1. 6. 1, qui potiores in pignore. 
 
 NAUTA (Lat.) One who charters (ex- 
 ercet) a ship. L. 1, § 1, ff. nautae, caupo; 
 Calv. Lex. Any one who is on board a 
 vessel for the purpose of navigating her. 
 3 Sumn. (U. S.) 213; Vicat; 2 Enmerig. 
 448; Poth. ad Pand. lib. 4, tit. 9, note 2; 
 Id. lib. 47, tit. 5, notes 1-3, 8, 10. A car- 
 rier by water. 2 Ld. Raym. 917. 
 
 NAUTICAL ASSESSORS. Persons experi- 
 enced in navigation, who are called upon 
 by an admiralty judge to sit with him in 
 cases involving questions of correct navi- 
 gation, and advise him thereon. 2 Curt. 
 C. C. (U. S.) 369. 
 
 NAVAGIUM. A duty on certain tenants 
 to carry their lord's goods in a ship. 1 
 Mon. Angl. 922. 
 
 NAVAL. Appertaining to the navy (g. v.) 
 
 NAVAL COURTS. Courts held abroad in 
 certain cases to inquire into complaints by 
 the master or seamen of a British ship, or 
 as to the wreck or abandonment of a Brit- 
 ish ship. A naval court consists of three, 
 four, or Ave members, being officers in her 
 majesty's navy, consular ^cers, masters 
 of British merchant ships, or British mer- 
 chants. It has power to supersede the 
 master of the ship with reference to which 
 the inquiry is held, to discharge any of the 
 seamen, to decide questions as to wages, 
 send home offenders for trial (Merch. Ship. 
 Act 1854, §260), or try certain offenses 
 in a summary manner (Merch. Ship. Act 
 1855, § 28). 
 
 NAVAL COURTS-MARTIAL. Tribunals 
 for the trial of offenses arising in the man- 
 agement of public war vessels. 
 
 NAVAL LAW. A system of regulations 
 for the government of the navy. 1 Kent, 
 Comm. 377, note. Consult Act April 3, 
 1800; Act Dec. 21, 1861; Act July 16, 1862; 
 Homans, Nav. Laws ; De Hart, Courts- 
 Martial. 
 
 NAVAL OFFICER. An officer of the cus- 
 toms of the United States. 
 
 His office relates to the estimating duties, 
 countersigning permits, clearances, etc., cer- 
 tifying the collectors' returns, and similar 
 duties. 
 
 NAVARCHUS, or NAVICULARIUS (Lat.) 
 In civil law. The master of an armed ship. 
 Navicularius also denotes the master of a 
 ship (patronus) generally; also, a carrier 
 by water {exeroitor navis) . Calv. Lex. 
 
 NAVIGABLE. Capable of being navigat- 
 ed. In English law, only waters in which 
 the tide flows are navigable in the technical 
 sense. 5 Taunt. 705; Davies, 149. 
 
 In American law, any water is navigable 
 which is used as a means of useful com- 
 merce. 112 111. 611; 42 Minn. 532; 110 N. 
 y. 380. 
 
 The navigation need not b3 by boats. Wa- 
 ,ters used for floating rafts or logs are pub- 
 lic highways for that purpose. 31 Mich. 
 336; 58 N. H. 304; 72 N. Y. 21L 
 
 The capacity for navigation need not be 
 perennial. 42 Wis. 203; 17 Ore. 165. Nor 
 need it be continuous through the entire 
 length of the stream. 31 Me. 9. 
 
 The Niagara river has been held navi- 
 gable, notwithstanding the obstruction of 
 the falls. 37 Hun. (N. Y.) 537. 
 
 "Those only are navigable waters where 
 the public pass and repass upon them with 
 vessels or boats in the prosecution of useful 
 occupations. There must be some commerce 
 or navigation which is essentially valuable. 
 A hunter or fisherman, by drawing his boat 
 through the waters of a brook or shallow 
 creek, does not create navigation, or consti- 
 tute their waters channels of commerce. 20 
 Conn. 217. 
 
 NAVIGATION. The science or art of con- 
 ducting a ship from one place to another 
 This includes the supply of necessary im 
 plements and skillful mariners. The instru. 
 ments are useless without the skillful mari- 
 ners, and conversely, navigation includes 
 two things, — the supply of the instruments 
 or organs of the ship, and the living instru- 
 ments, or seamen. If either of these is 
 wanting by the negligence of the owner, or 
 of those for whom he is responsible, there is 
 improper navigation. 53 L. J. P. D. & A. 
 66; 9 P. D. 145. 
 
 NAVIGATION ACT. St. 12 Car. II, c. 78. 
 It was repealed by 6 Geo. IV. cc. 109, 110, 
 114. See 16 & 17 Vict. c. 107; 17 & 18 
 Vict. c. 120. 
 
 NAVIRE (Fr.) In French law. A ship. 
 Emerig. Tr. des. Assur. c. 6, § 1. 
 
NAVIS 
 
 684 NE UNQUES SEISIE QUE DOWER 
 
 NAVIS (Lat.) A ship; a vessel. Dig. 21. 
 2. 44; Id. 47. 9. 
 
 NAVIS BONA (Lat.) A good ship; one 
 that was staunch and strong, well caulked, 
 and stiffened to bear the sea, obedient to 
 her helm, swift, and not unduly affected by 
 the wind. Calv. Lex., citing Seneca, lib. 
 5, p. 77. 
 
 NAVY. The whole shipping, taken collec 
 tively, belonging to the government of an in- 
 dependent nation, and appropriated for the 
 purposes of naval warfare. It does not in- 
 clude ships belonging to private individuals, 
 nor (in the United States, at least) revenue 
 vessels or transports in the semce of the 
 war department. See Brightly, Dig. U. S. 
 Laws. 
 
 NAZERANNA. A sum paid to government 
 as an sicknowledgment for a grant of lands, 
 or any public office. Enc. Lend. 
 
 NE ADMITTAS (Lat.) The name of a 
 writ, so called from the first words of the 
 Latin form, by which the bishop is "forbid- 
 den to admit" to a benefice the other party's 
 clerk during the pendency of a quare imped- 
 it. It ought to be issued within six months 
 after avoidance of the benefice, before title 
 to present has devolved upon the bishop by 
 lapse, or it will be useless. Fitzh. Nat. 
 Brev. 37; Reg. Orig. 31; 3 Bl. Comm. 248; 
 1 Burn, Ecc. Law, 31. 
 
 NE BAILA PAS. He did not deliver. In 
 pleading. A plea in detinue, by which the 
 defendant denies the delivery to him of the 
 thing sued for. 
 
 NE DISTURBA PAS. In pleading. The 
 general issue in quMre impedit. Hob. 162. 
 See Rast. Entr. 517; Winch, Entr. 703. 
 
 NE DONA PAS, NON DEDIT. In plead- 
 ing. The general issue in formedon. It is 
 in the following formula : "And the said C. 
 D., by J. K., his attorney, comes and de- 
 fends the right, when, etc., and says that the 
 said E. F. did not give the said manor, with 
 the appurtenances, or any part thereof, to 
 the said G. B. and the heirs of his body 
 issuing, in manner and form as the said 
 A. B. hath in his count above alleged. And 
 of this the said C. D. puts himself upon the 
 country." 10 Wentw. PL 182. 
 
 NE EXEAT. 
 
 In Old English Law. A high preroga- 
 tive writ, generally called ne exeat regno, 
 issued out of chancery to forbid a subject 
 from leaving the realm. Originally it was 
 issued for political reasons only. 1 Bl. 
 Comm. 162, 319. 
 
 In Modern Law. The name of a writ 
 
 issued by a court of chancery, directed to 
 the sheriff, reciting that the defendant in 
 the case is indebted to the complainant, and 
 that he designs going quickly into parts 
 without the state, to the damage of the com- 
 plainant, and then commanding him to cause 
 
 the defendant to give bail in a certain sum 
 that he will not leave the state without leave 
 of the court, and for want of such bail that 
 he, the sheriff, do commit the defendant to 
 prison. 
 
 The writ has been abolished in most of 
 the United States, 
 
 NE GIST PAS EN BOUCHE (Law Fr.) It 
 does not lie in the mouth. A common phrase 
 in the old books. Y. B. M. 3 Edw. II. 50. 
 
 NE LUMINIBUS OFFICIATUR (Lat.) In 
 civil law. The name of a servitude which 
 restrains the owner of a house from making 
 such erections as obstruct the light of the 
 adjoining house. Dig. 8. 4. 15. 17. 
 
 NE RECIPIATUR (Lat. that it be not re- 
 ceived) . A caveat or words of caution given 
 to a law officer, by a party in a cause, not 
 to receive the next proceedings of his op- 
 ponent. 1 Sellon, Prac. 8. 
 
 NE RECTOR PROSTERNET ARBORES 
 
 (Law Lat.) St. 35 Edw. I. § 2, prohibiting 
 rectors, i. e., parsons, from cutting down the 
 trees in church yards. In 1 Keb. 557, it was 
 extended to prohibit them from opening new 
 mines, and working the minerals therein. 
 Brown. 
 
 NE RELESSA PAS (Law Fr.) The name 
 of a replication to a plea of release, by 
 which the plaintiff insists he "did not re- 
 lease." 2 Bulst. 55. 
 
 NE UNJUSTE VEXES (Lat.) In old Eng- 
 lish law. The name of a writ which issued 
 to relieve a tenant upon whom his lord had 
 distrained for more services than he was 
 bound to perform. 
 
 It was a prohibition to the lord, not un- 
 justly to distrain or vex his tenant. Fitzh. 
 Natl Brev. 
 
 NE UNQUES ACCOUPLE (Law Fr.) In 
 pleading. A plea by which the party denies 
 that he ever was lawfully married to the 
 person to whom it refers. See the form, 2 
 Wils. 118; 10 Wentw. PI. 158; 2 H. Bl. 
 145; 3 Chit. PL 599. 
 
 NE UNQUES EXECUTOR. In pleading. 
 A plea by which the party who uses it de- 
 nies that the plaintiff is an executor, as he 
 claims to be; or that the defendant is ex- 
 ecutor, as the plaintiff in his declaration 
 charges him to be. 1 Chit. PI. 484; 1 Saund. 
 274, note 3; Comyn, Dig. "Pleader" (2 D 
 2) ; 2 Chit. PI. 498. 
 
 NE UNQUES SEISIE QUE DOWER. In 
 pleading. A plea by which a defendant 
 denies the right of a widow who sues for 
 and demands her dower in lands, etc., late 
 of her husband, because the husband was 
 not, on the day of her marriage with him, 
 or at any time afterwards, seised of such 
 estate, so that she could be endowed of the 
 same. See 2 Saund. 329; 10 Wentw. PI. 
 159; 3 Chifc PI. 598, and the authorities 
 there cited. 
 
NE UNQUES SON RECEIVER 
 
 685 
 
 NECESSITAS INDUCIT 
 
 NE UNQUES SON RECEIVER. In plead- 
 ing. The name of a plea in an action of 
 account render, by which the defendant af- 
 firms that he never was receiver of the 
 plaintiff. 12 Viner, Abr. 183. 
 
 NE VARIETUR (Lat. that it be not 
 changed). A form sometimes written by 
 notaries public upon bills or notes, for the 
 purpose of identifying them. This does 
 not destroy their negotiability. 8 Wheat. 
 (U. S.) 338. 
 
 NEAT, or NET, The exact weight of an 
 article, without the bag, box, keg, or other 
 thing in which it may be enveloped. 
 
 NEAT CATTLE. Oxen or heifers. The 
 term is not as broad as "beeves." 36 Tex. 
 324. 
 
 NEAT LAND. Land let out to the yeo- 
 manry. Cowell. 
 
 NEATNESS. In pleading. The statement 
 in apt and appropriate words of all the 
 necessary facts, and no more. Lawes, PI. 
 62. 
 
 NEC CURIA DEFICERET IN JUSTITIA 
 
 exhibenda. Nor should the court be deficient 
 in showing justice. 4 Inst. 63. 
 
 NEC TEMPUS NEC LOCUS OCCURRIT 
 regi. Neither time nor place bars the king. 
 Jenk. Cent. Cas. 190. 
 
 NEC VENIAM EFFUSO SANGUINE, CA- 
 
 sus habet. Where blood is spilled, the case 
 is unpardonable. 3 Inst. 57. 
 
 NEC VENIAM, LAESO NUMINE, CASUS 
 
 habet. Where the Divinity is insulted, the 
 case is unpardonable. Jenk, Cent. Cas. 167. 
 
 NECATION. The act of killing. 
 
 NECESSARIES. Such things are as prop- 
 er and necessary for the sustenance of man. 
 
 As used to describe those things for 
 which an infant may lawfully contract, 
 necessaries are such articles, suitable to 
 the infant's station in life, as are needful 
 to supply the personal requirements of the 
 infant, whether of body or mind. l!i Mete. 
 (Mass.) 561. It includes board and lodg- 
 ing (23 Vt. 378), medical attendance (42 
 Conn. 203), or education suitable to the 
 infant's station in life (16 Vt. 683). It 
 does not include services essential to the 
 improvement or protection of his prop- 
 erty rights (12 Mete. [Mass.] 559; 32 _N. 
 H. 345), but does include services essential 
 to secure or protect his personal rights (68 
 Hun [N. Y.] 589; 12 Kan. 463). 
 
 As used to describe those things for 
 which a wife may pledge her husband's 
 credit, it has a slightly narrower signifi- 
 cance, excluding instruction (40 Conn. 75), 
 and including only those things which 
 are presently needful for the present sup- 
 port of the wife (68 Mo. App. 191), or to 
 maintain her personal rights (50 III. App. 
 
 27) ; but the nature of the support for 
 which she is entitled to contract depends 
 on the husband's means and station in life 
 (114 Mass. 429). 
 
 As used to describe those things for 
 which a master may hypothecate the ship, 
 it includes such articles fit and proper for 
 the ship as the owner would, in the exer- 
 cise of reasonable prudence, have ordered, 
 if present. Maude & P. Shipp, 71. 
 
 NECESSARIUM EST QUOD NON PC- 
 test aliter se habere. That Is necessary 
 which cannot be otherwise. 
 
 NECESSARIUS (Lat.) Necessary; un- 
 avoidable; indispensable; not admitting of 
 choice or the action of the will; needful. 
 See "Necessity." 
 
 NECESSARY. Necessary is often em- 
 ployed as a term somewhat analogous to 
 "expedient," or "appropriate," or "reason- 
 ably convenient." 115 la. 734. 
 
 NECESSARY DEPOSITS. See "Deposit." 
 
 NECESSARY DOMICILE. That kind of 
 domicile which exists by operation of law, 
 as distinguished from voluntary domicile 
 or domicile of choice. Phillim. Dom. 27-97. 
 
 NECESSARY INTROMISSION. In Scotch 
 law. That kind of intromission or interfer- 
 ence where a husband or wife continues in 
 possession of the other's goods, after their 
 decease, for preservation. Wharton. 
 
 NECESSARY REPAIRS. Include not only 
 those absolutely indispensable to the safety 
 of the ship, but such as are reasonably fit 
 and proper under the circumstances. 3 
 Sumn. (U. S.) 237. 
 
 NECESSITAS. In the civil law. Neces- 
 sity; vis major. 
 
 NECESSITAS CULPABILIS. Culpable or 
 blameworthy necessity; that kind of neces- 
 sity which excuses a man who kills another 
 se defendendo. So called by Lord Bacon to 
 distinguish it from the necessity of killing 
 a thief or malefactor. Bac. Com. Law, c. 
 5; 4 Bl. Comm. 187. 
 
 NECESSITAS EST LEX TEMPORIS ET 
 loci. Necessity is the law of a particular 
 time and place. 8 Coke, 69 ; Hale, P. C. 54. 
 
 NECESSITAS EXCUSAT AUT EXTENU- 
 at delictum in capitallbus, quod non operatur 
 idem in civilibus. Necessity excuses or ex- 
 tenuates delinquency in capital cases, but 
 not in civil. See "Necessity." 
 
 NECESSITAS FACIT LICITUM QUOD 
 alias non est licitum. Necessity makes that 
 lawful which otherwise is unlawful. 10 
 Coke, 61. 
 
 NECESSITAS INDUCIT PRIVILEGIUM 
 quoad jura privata. With regard to private 
 rights, necessity privileges. Bac. Max. 
 reg. 6. 
 
NECESSITAS NON HABET 
 
 686 
 
 NEGLIGENT ESCAPE 
 
 NECESSITAS NON HABET LEGEM. Ne- 
 cessity has no law. Plowd. 18. See "Ne- 
 cessity." 15 Viner, Abr. 534; 22 Viner, 
 Abr. 540. 
 
 NECESSITAS PUBLICA MAJOR EST 
 quam privata. Public necessity is greater 
 than private. Bac. Max. reg. 5; Noy, Max. 
 (9th Ed.) 34; Broom, Leg. Max. (3d Lon- 
 don Ed.) 18. 
 
 NECESSITAS, QUOD COGIT, DEFENDIT. 
 
 Necessity defends what it compels. Hale, 
 P. C. 54. 
 
 NECESSITAS SUB LEGE NON CONTI- 
 netur,.quia quod alias non est licitum neces- 
 sitas facit licitum. Necessity is not re- 
 strained by law; since what otherwise is 
 not lawful, necessity makes lawful. 2 Inst. 
 326, Fleta, lib. 5, c. 23, § 14. 
 
 NECESSITAS VINCIT LEGEM. Necessi- 
 ty overcomes the law. Hob. 144. 
 
 NECESSITAS VINCIT LEGEM; LEGUM 
 vincula irrldet. Necessity overcomes law; 
 it derides the fetters of law. Hob. 144. 
 
 NECESSITY (Lat. necessitas) . Irresist- 
 ible power; compulsive force, physical or 
 moral. Webster. 
 
 The influence or operation of superior 
 power or irresistible force; the influence of 
 a cause which cannot be avoided nor con- 
 trolled. 
 
 A constraint upon the will, whereby a 
 man is urged to do that which his judg- 
 ment disapproves, and which, it is to be 
 presumed, his will (if left to itself) would 
 reject. It is highly just and equitable, 
 therefore, that a man should be excused 
 for those acts which are done through un- 
 avoidable force and compulsion. 4 Bl. 
 Comm. 27. 
 
 NECK VERSE. A cant term for the verse 
 which the ordinary gave a malefactor who 
 prayed his clergy to read, and by reading 
 which he escaped hanging. The flrst verse 
 of the 51st Psalm, being that ordinarily 
 given, was called the "neck verse." 
 
 NEFAS (Lat.) That which is against right 
 or the divine law (/as). A wicked or im- 
 pious thing or act. Calv. Lex. 
 
 NEFASTUS (Lat.) In Roman law. A term 
 applied to a day on which it was unlawful 
 to administer justice. Adams, Rom. Ant. 
 129. 
 
 NEGATIO CONCLUSIONIS EST ERROR 
 
 In lege. The denial of a conclusion is error 
 in law. Wingate, Max. 268. 
 
 NEGATIO DESTRUIT NEGATIONEM, 
 
 et ambae faclunt affirmatlone'm. A negative 
 destroys a negative, and both make an af- 
 firmative. Co. Litt. 146. 
 
 NEGATIO DUPLEX EST AFFIRMATIO. 
 
 A double negative is an aflSrmative. 
 
 NEGATIVE AVERMENT. In pleading. 
 An averment in some of the pleadings in a 
 case in which a negative is asserted. 
 
 NEGATIVE CONDITION. One where the 
 thing which is the subject of it must not 
 happen. 1 Bouv. Inst, note 751. 
 
 NEGATIVE COVENANT. One in negative 
 form, whereby the covenantor binds him- 
 self not to do a particular thing. 
 
 NEGATIVE EASEMENT. One which con- 
 sists in a prohibition upon the owner of the 
 servient estate of some act which would 
 be detrimental to the dominant estate. 
 
 NEGATIVE PREGNANT. In pleading. 
 Such a form of negative expression as may 
 imply or carry within it an affirmative. 
 Thus, where a defendant pleaded a license 
 from the plaintiff's daughter, and the plain- 
 tiff rejoined that he did not enter by her 
 license, the rejoinder was objected to suc- 
 cessfully as a negative pregnant. Cro. Jac. 
 87. The fault here lies in the ambiguity 
 of the rejoinder, since it does not appear 
 whether the plaintiff denies that the license 
 was given, or that the defendant entered by 
 the license. Steph. PL 381. 
 
 This ambiguity constitutes the fault 
 (Hob. 295), which, however, does not ap- 
 pear to be of much account in modern 
 pleading (1 Lev. 88; Coihyn, Dig. 
 "Pleader" [R 6]; Gould, PI. c. 6, §36). 
 
 NEGATIVE STATUTE. One which is en- 
 acted in negative terms, and which so con- 
 trols the common law that it has no force 
 in opposition to the statute. Bac. Abr. 
 "Statutes" (G); Brooke, Abr. "Parlia- 
 ment," pi. 72. 
 
 NEGLIGENCE. The breach of a legal 
 noncontractual duty to use care, with no 
 precise intention of producing a particular 
 injury thereby. See Shear. & R. Neg. §3; 
 Beven, Emp. Liab. 
 
 An inadvertent imperfection by a re- 
 sponsible human agent in the discharge of 
 a legal duty, which produces, in an orderly 
 and natural sequence, a damage to another. 
 Whart. Neg. § 3. 
 
 Any lack of carefulness in one's conduct, 
 whether in doing, or in abstaining from do- 
 ing, wherefrom by reason of its not filling 
 the full measure of the law's requirement 
 in the particular circumstances there 
 comes to another a legal injury. Bish. 
 Non-Cont. Law, §436. 
 
 Negligence has been defined as the do- 
 ing or omission of something which a rea- 
 sonable prudent person would not have 
 done or omitted under the circumstances 
 (95 U. S. 439) ; but this is rather a state- 
 ment of what constitutes proper care, and 
 moreover omits the element of a duty im- 
 posed by law which is broken by the negli- 
 gent act or omission (Pollock, Torts, 352). 
 
 NEGLIGENT ESCAPE. The omission on 
 the part of a gaoler to take such care of a 
 
NEGLIGENTIA 
 
 687 
 
 NEMO AGIT IN SEIPSUM 
 
 prisoner as he is bound to take, when in 
 consequence thereof the prisoner departs 
 from his confinement without the knowledge 
 or consent of the gaoler, and eludes pur- 
 suit. 
 
 For a negligent escape, the sheriff or 
 keeper of the prison is liable to punish- 
 ment, in a criminal case; and in a civil 
 case, he is liable to an action for damages 
 at the suit of the plaintiff. In both cases 
 the prisoner may be retaken. 3 Bl. Comm. 
 415. See "Escape." 
 
 NEGLIGENTIA (Lat. from negliffere, to 
 neglect). In the civil law. Negligence, 
 want or omission of care or attention; in- 
 attention. This term hardly seems to corre- 
 spond with what is called in English simple 
 "negligence," since it 1x)ok a high degree 
 of it to constitute culpa, or fault. Magna 
 negligentia culpa est. Dig. 50. 16, 226. See 
 "Culpa." 
 
 NEGLIGENTIA SEMPER HABET INFOR- 
 tuniam comitem. Negligence always has 
 misfortune for a companion. Co. Litt. 246 ; 
 Shep. Touch. 476. 
 
 NEGOTIABILITY. In mercantile law. 
 Transferable quality. That quality of bills 
 of exchange and promissory notes, which 
 renders them transferable from one person 
 to another, and from possessing which, 
 they are emphatically termed "negotiable 
 paper." 3 Kent, Comm. 74, 77, 89, et seq. 
 See Story, Bills, §60. 
 
 NEGOTIABLE INSTRUMENT. Any writ- 
 ten instrument which may be transferred 
 by indorsement and delivery, or by delivery 
 alone, so as to give the indorsee the legal 
 title, and enable him to sue in his own 
 name. 15 Mo. 337. 
 
 In a narrower sense, those instruments 
 the indorsee of which, under the law mer- 
 chant, takes free of certain equities and de- 
 fenses between the. original parties. 
 
 NEGOTIABLE WORDS. See "Words of 
 Negotiability." 
 
 NEGOTIATION. The deliberation which 
 takes place between the parties touching a 
 proposed agreement. 
 
 That which transpires in the negotiation 
 makes no part of the agreement, unless in- 
 troduced into it. It is a general rule that 
 no evidence can be given to add, diminish, 
 contradict, or alter a written instrument. 
 1 Ball. (Pa.) 426; 4 Dall. (Pa.) 340; 3 
 Serg. & R. (Pa.) 609. 
 
 In Mercantile Law. The act by which 
 
 a bill of exchange or promissory note is 
 put into circulation by being passed by one 
 of the original parties to another person. 
 
 Until an accommodation bill or note has 
 been negotiated, there is no contract which 
 can be enforced on the note; the contract, 
 either express or implied, that the party 
 accommodated will indemnify the other, is, 
 tjill then, conditional. 2 Man. & G. 911. 
 
 NEGOTIORUM GESTIO (Lat.) In the civ- 
 il law. Literally, a doing of business or 
 businesses; a species of spontaneous 
 agency, or an interference by one in the 
 affairs of another, in his absence, from 
 benevolence or friendship, and without au- 
 thority. 2 Kent, Comm. 616, note; Inst. 
 3. 28. 1; Dig. 3. 5. 
 
 The intervention of a person acting with- 
 out authority in transacting the affairs of 
 another. 
 
 NEGOTIORUM GESTOR (Lat.) In civil 
 law. One who spontaneously, and without 
 authority, undertakes to act for another, 
 during his absence, in his affairs. 
 
 In cases of this sort, as he acts wholly 
 without authority, there can, strictly 
 speaking, be no contract; but the civil law 
 raises a quasi mandate by implication for 
 the benefit of the owner in many such 
 cases. Mackeld. Civ. Law, § 460 ; 2 Kent, 
 Comm. 616, note; Story, Bailm, §§82,189. 
 
 NEGRO. Generally a person belonging to 
 the African race, and having such a pro- 
 portion of African blood as will identify 
 him with that race. 5 Jones, Law (N. C.) 
 11; 80 Va. 544. 
 
 It has been held to mean a black man 
 and not to include a mulatto. 18 Ala. 20. 
 
 NEIF. In old English law. A woman 
 who was born a villein, or a bond woman. 
 
 NEIGHBORHOOD. The immediately ad- 
 jacent locality. See 27 Mo. App. 584; 63 
 N. H. 246; as applied to place, signifies 
 nearness, as opposed to remoteness, 63 N. 
 H. 246. Vicinity does not denote so close 
 a connection as neighborhood. A neighbor- 
 hood is a more immediate vicinity. 27 Mo. 
 App. 584, 190 111. 625. 
 
 NEMBA (Teut.) In Swedish and Gothic 
 law. A jury. 3 Bl. Comm. 349, 359; Barr. 
 Obs. St. 18, note (z). 
 
 NEMINE CONTRADICENTE (usually ab- 
 breviated nem. con.) Words used to sig- 
 nify the unanimous consent of the house to 
 which they are applied. In England, they 
 are used in the house of commons; in the 
 house of lords, the words used to convey 
 the same idea are nemine dissentiente. 
 
 NEM I. See "Nerny." 
 
 NEMINEM OPORTET ESSE SAPIENTIO- 
 rem legibus. No man need be wiser than 
 the laws. Co. Litt. 97. 
 
 NEMO ADMITTENDUS EST INHABILI- 
 tare selpsum. No one is allowed to incapaci- 
 tate himself. Jenk. Cent. Cas. 40. But see 
 "To Stultify;" 5 Whart. (Pa.) 371; 2 Kent, 
 Comm. 451, note. 
 
 NEMO AGIT IN SEIPSUM. No man acts 
 against himself (Jenk. Cent. Cas. 40) ; 
 therefore no man can be a judge in his own 
 cause (Broom, L6g. Max. [3d London Ed.] 
 
NEMO ALIENAE REI 
 
 688 
 
 NEMO EX ALTERIUS 
 
 201, note; 4 Bing. 151; 2 Exch. 695; 18 
 C. B. 253; 2 Barn. & Aid. 822). 
 
 NEMO ALIENAE REI, SINE SATISDA- 
 tlone, defensor idoneus intelllgltur. No man 
 is considered a competent defender of an- 
 other's property, without security. 1 Curt. 
 C. C. (U. S.) 202. 
 
 NEMO ALIENO NOMINE LEGE AGERE 
 potest. No man can sue at law In the name 
 of another. Dig, 50. 17. 123. 
 
 NEMO ALIQUAM PARTEM RECTE IN- 
 telligere potest, antequam totum iterum 
 atque Iterum perlegit. No one can properly 
 understand any part of a thing till he has 
 read through the "whole again and again. 
 
 3 Coke, 59. 
 
 NEMO ALLEGANS SUAM TURPITUDI- 
 nem, audiendus est. No one alleging his 
 own turpitude is to be heard as a witness. 
 
 4 Inst. 279; 3 Story (U. S.) 514, 516, 
 
 NEMO BIS PUNITUR PRO EODEM DE- 
 llcto. No one can be punished twice for the 
 same crime or misdemeanor. 2 Hawk. P. 
 C. 377; 4 Bl. Comm. 315. 
 
 NEMO COGITATIONIS POENAM PATI- 
 tur. No one suffers punishment on account 
 of his thoughts. Tray. Lat. Max. 362. 
 
 NEMO COGITUR REM SUAM VEN- 
 dere, etiam justo pretlo. No one is bound to 
 sell his property, even for a just price. But 
 see "Eijiinent Domain." 
 
 NEMO CONTRA FACTUM SUUM VE- 
 nire potest. No man can contradict his own 
 deed. 2 Inst. 66. 
 
 NEMO DAMNUM FACIT, NISI QUI ID 
 facit quod facere jus non habet. No one is 
 considered as doing damage unless he who 
 is doing what he has no right to do. Dig. 
 50. 17. 151. 
 
 NEMO DARE POTEST QUOD NON HA- 
 
 bet. No man can give that which he has not. 
 Fleta, lib. 3, c. 15, § 8. 
 
 NEMO DAT QUI NON HABET. No one 
 can give who does not possess. Jenk. Cent. 
 Cas. 250. 
 
 NEMO DE DOMO SUA EXTRAHI DE- 
 
 bet. A citizen cannot be taken by force from 
 his house to be conducted before a judge or 
 to prison. Dig. 50. 17. 103. This maxim in 
 favor of Roman liberty is much the same as 
 that every man's house is his castle. Broom, 
 Leg. Max. (3d London Ed.) 384. 
 
 NEMO DEBET ALIENA JACTURA LO- 
 cupletarl. No one ought to gain by an- 
 other's loss. 2 Kent, Comm. 336. 
 
 NEMO DEBET BIS PUNIRI PRO UNO 
 delicto. No one ought to be punished twice 
 for the same offense. 4 Coke, 43; 11 Coke, 
 59b. 
 
 NEMO DEBET BIS VEXARI PRO [UNA 
 et] eadem causa. No one should be twice 
 harassed for the same cause. 2 Johns. (N. 
 Y.) 24, 27, 182; 13 Johns. (N. Y.) 153; 8 
 Wend. (N. Y.) 10, 38; 2 Hall (N. Y.) 454; 
 3 Hill (N. Y.) 420; 6 Hill (N. Y.) 133; 2 
 Barb. (N. Y.) 285; 6 Barb. (N. Y.) 32; 
 5 Pet. (U. S.) 61; 1 Archb. Prac. (Chit 
 Ed.) 476; 2 Mass. 355; 17 Mass. 425. 
 
 NEMO DEBET BIS VEXARI, SI CON- 
 stat curiae quod sit pro una et eadem causa. 
 No man ought to be twice punished, if it 
 appear to the court that it is for one and 
 the same cause. 5 Coke, 61; Broom, Leg. 
 Max. (3d London Ed.) 294. 
 
 NEMO DEBET ESSE JUDEX IN PRO- 
 pria causa. No one should be judge in his 
 own cause. 12 Coke, 114: Broom, Leg. 
 Max. (3d London Ed.) 111. 
 
 NEMO DEBET IMMISCERE SE REI 
 alienae ad se nihil pertinent!. No one 
 should interfere in what no way concerns 
 him. Jenk. Cent. Cas. 18. 
 
 NEMO DEBET IN COMMUNIONS INVI. 
 tus teneri. No one should be retained in a 
 partnership against his will. 2 Sandf. Ch. 
 (N. Y.) 568, 593; 1 Johns, <N. Y.) 106, 
 114. 
 
 NEMO DEBET L0CUPLETAR1 EX AL- 
 
 terius Incommode. No one ought to be made 
 rich out of another's loss. Jenk. Cent. Cas. 
 4; 10 Barb. (N. Y.) 626, 633. 
 
 NEMO DEBET REM SUAM SINE FACTO 
 aut defectu suo amittere. No one should lose 
 his property without his act or negligence. 
 Co. Litt. 263. 
 
 NEMO DUOBUS UTATUR OFFICIIS. No 
 one should fill two offices. 4 Inst. 100. 
 
 NEMO EJUSDEM TENEMENT! SIMUL 
 potest esse haeres et dominus. No one can 
 be at the same time heir and lord of the 
 same fief. 1 Reeve, Hist. Eng. Law, 106. 
 
 NEMO ENIM ALIQUAM PARTEM REC- 
 te intelligere possit antequam totum iterum 
 atque iterum perlegerit. No one is able 
 rightly to understand one part before he 
 has again and again read through the 
 whole. Broom, Leg. Max. 593. 
 
 NEMO EST HAERES VIVENTIS. No one 
 is an heir to the living. Co. Litt. 22b; 2 Bl. 
 Comqi. 70, 107, 208; Viner, Abr. "Abey- 
 ance"; 2 Bouv. Inst. 1694; 1832; 2 Johns. 
 (N. Y.) 36. 
 
 NEMO EST SUPRA LEGES. No one Is 
 
 above the law. Lofft, 142. 
 
 NEMO EX ALTERIUS FACTO PRAE- 
 gravarl debet. No man ought to be burdened 
 in consequence of another's act. 2 Kent, 
 Comm. 646; Poth. Obi. (Evans' Ed.) 133. 
 
NEMO EX CONSILIO OBLIGATUR 
 
 689 
 
 NEMO PRUDENS PUNIT 
 
 NEMO EX CONSILIO OBLIGATUR. No 
 man is bound for the advice he gives. Story, 
 Bailm. § 155. 
 
 NEMO EX DOLO SUO PROPRIO RELE- 
 
 vetur, aut auxilium capiat. Let no one be 
 relieved or gain an advantage by his own 
 fraud. A civil-law maxim. 
 
 NEMO EX PROPRIO DOLO CONSEQUI- 
 tur actionem. No one acquires a right of ac- 
 tion from his own wrong. Broom, Leg. 
 Max (3d London Ed.) 270. 
 
 NEMO EX SUO DELICTO MELIOREM 
 suam conditionem facere potest. No one can 
 improve his condition by his own wrong. 
 Dig. 50. 17. 134. 1. 
 
 NEMO IN PROPRIA CAUSA TESTIS ES- 
 se debet. No one can be a witness in his 
 own cause. But to this rule there are 
 many exceptions. 1 Bl. Comm. 443; 3 Bl. 
 Comm. 370. 
 
 NEMO INAUDITUS CONDEMNARI DE- 
 bet, si non sit contumax. No man ought to 
 be condemned unheard, unless he be con- 
 tumacious. Jenk. Cent. Gas. 18. 
 
 NEMO JUS SIBI DICERE POTEST. No 
 one can declare the law for himself. No 
 one is entitled to take the law into his own 
 hands. Tray. Lat. Max. 366. 
 
 NEMO MILITANS DEO IMPLICETUR 
 
 secuiaribus negotiis. No man warring for 
 God should be troubled by secular business. 
 Co. Litt. 70. 
 
 NEMO NASCITUR ARTIFEX. No one Is 
 born an artificer. Co. Litt. 97. 
 
 NEMO PATRIAiVI IN QUA NATUS EST 
 exuere, nee iigeantiae debitum ejurare pos- 
 sit. No man can renounce the country in 
 which he was born, nor adjure the obliga- 
 tion of his allegiance. Co. Litt. 129a; 3 
 Pet. (U. S.) 155; Broom, Leg. Max. (3d 
 London Ed.) 72. See "Allegiance;" "Ex- 
 patriation;" "Naturalization." 
 
 NEMO PLUS COMMODI HEREDI SUO 
 reiinquit quam ipse habuit. No one leaves a 
 greater benefit to his heir than he had him- 
 self. Dig. 50. 17. 120. 
 
 NEMO PLUS JURIS AD ALIENUM 
 transferre potest, quam ipse habet. One 
 cannot transfer to another a larger right 
 than he himself has. Co. Litt. 309b; Win- 
 gate, Max. 56; 2 Kent, Comm. 324; 1 Story, 
 Cont. (4th Ed.) 417, note; 5 Coke, 113; 
 10 Pet. (U. S.) 161, 175. 
 
 NEMO POTEST CONTRA RECORDUM 
 verificare per patriam. No one can verify by 
 the country against a record. The issue 
 upon a reoord cannot be tried by a jury. 2 
 Inst. 380. 
 
 NEMO POTEST ESSE DOMINUS ET 
 
 haeres. No one can be both owner and heir. 
 Hale, Hist. Com. Law, c. 7. 
 
 NEMO POTEST ESSE SIMUL ACTOR 
 et Judex. No one can be at the same time 
 judge and suitor. Broom, Leg. Max. (3d 
 London Ed.) 112; 13 Q. B. 327; 17 Q. B. 
 1; 15 C. B. 796; 1 C. B. (N. S.) 323. 
 
 NEMO POTEST ESSE TENENS ET DO- 
 minus. No man can be at the same time ten- 
 ant and landlord (of the same tenement). 
 Gilb. Ten. 102. 
 
 NEMO POTEST FACERE PER ALIUM 
 quod per se non potest. No one can do that 
 by another which he cannot do by himself. 
 Jenk. Cent. Cas. 237. 
 
 NEMO POTEST FACERE PER OBLI- 
 quum quod non potest facere per directum. 
 No one can do that indirectly which can- 
 not be done directly. 1 Eden, 512. 
 
 NEMO POTEST MUTARE CONSILIUM 
 suum in alterius injuriam. No one can 
 change his purpose to the injury of an- 
 other. Dig. 60. 17. 75; Broom, Leg. Max. 
 (3d London Ed.) 33; 7 Johns. (N. Y.) 477. 
 
 NEMO POTEST PLUS JURIS AD ALIUM 
 transferre quam ipse habet. No one can 
 transfer a greater right to another than he 
 himself has. Co. Litt. 309; Wingate, Max. 
 5?. 
 
 NEMO POTEST SIBI DEBERE. No one 
 
 can owe to himself. See "Confusion of 
 Rights." 
 
 NEMO PRAESENS NISI INTELLIGAT. 
 
 One is not present unless he understands. 
 See "Presence." 
 
 NEMO PRAESUMITUR ALIENAM POS- 
 teritatem suae praetulisse. No one is pre- 
 sumed to have preferred another's poster- 
 ity to his own. Wingate, Max. 285. 
 
 No 
 
 NEMO PRAESUMITUR DONARE. 
 
 one is presumed to give. 
 
 NEMO PRAESUMITUR ESSE IMMEMOR 
 suae aeternae salutis, et maxime in articulo 
 mortis. No man is presumed to be forgetful 
 of his eternal welfare, and particularly at 
 the point of death. 6 Coke, 76. 
 
 NEMO PRAESUMITUR LUDERE IN EX- 
 tremis. No one Is presumed to trifle at the 
 point of death. 
 
 NEMO PRAESUMITUR MALUS. No one 
 is presumed to be bad. 
 
 NEMO PROHIBETUR PLURES NEGO- 
 tiationes sive artes exercere. No one is re- 
 strained from exercising several kinds of 
 business or arts. 11 Coke, 64. 
 
 NEMO PROHIBETUR PLURIBUS DE- 
 fensionibus uti. No one is restrained from 
 using several defenses. Co. Litt. 304; Win- 
 gate, Max. 479. 
 
 NEMO PRUDENS PUNIT UT PRAETER- 
 ita revocentur, sed ut futura praev«nlantur. 
 
NEMO PUNITUR PRO ALIENO 
 
 690 
 
 NEVER INDEBTED 
 
 No wise one punishes that things done may 
 be revoked, but that future wrbngs may be 
 prevented. 3 Bulst. 17. 
 
 NEMO PUNITUR PRO ALIENO DELIC- 
 
 to. No one is to be punished for the crime 
 or wrong of another. Wingate, Max. 336. 
 
 NEMO PUNITUR SINE INJURIA, FAC- 
 to, seu defalto. No one is punished unless 
 for some wrong, act, or default. 2 Inst. 287. 
 
 NEMO, QUI CONDEMNARE POTEST, 
 absolvere non potest. No one who may con- 
 demn is unable to acquit. Dig. 50. 17. 37. 
 
 NEMO SIBI ESSE JUDEX VEL SUIS JUS 
 dicere debet. No man ought to be his own 
 judge, or to administer justice in cases 
 where his relations are concerned. 12 Coke, 
 113; Code, 3. 5. 1; Broom, Leg. Max. (3d 
 London Ed.) 111. 
 
 NEMO SINE ACTIONE EXPERITUR, ET 
 hoc non sine breve sive libello conventlonali. 
 No one goes to law without an action, and 
 no one can bring an action without a writ 
 or bill. Bracton, 112. 
 
 NEMO TENETUR AD IMPOSSIBILE. No 
 one is bound to an impossibility. Jenk. 
 Cent. Cas. 7. 
 
 NEMO TENETUR ARMARE ADVERSA- 
 rlum contra se. No one is bound to arm his 
 adversary. Wingate, Max. 665. 
 
 NEMO TENETUR DIVINARE. No one is 
 bound to foretell. 4 Coke, 28 ; 10 Coke, 55a. 
 
 NEMO TENETUR EDERE INSTRUMEN- 
 ta contra se. No man is bound to produce 
 writings against himself. Bell, Diet. 
 
 NEMO .TENETUR INFORMARE QUI 
 nescit sed quisquis scire quod ^nformat. No 
 one who is ignorant of a thing is bound to 
 give information of it, but every one is 
 bound to know that which he gives infor- 
 mation of. Branch, Princ; Lane, Exch. 
 110. 
 
 NEMO TENETUR JURARE IN SUAM 
 turpitudinem. No one is bound to testify to 
 his own baseness. 
 
 NEMO TENETUR PRODERE SEIPSUM. 
 No one is bound to betray himself. In other 
 words, no one can be compelled to criminate 
 himself. Broom, Leg. Max. 968. 
 
 NEMO TENETUR SEIPSUM ACCUSARE. 
 No one is bound to accuse himself. Win- 
 gate, Max. 486; Broom, Leg. Max. (3d 
 London Ed.) 871, 1 Bl. Comm. 443; 14 
 Mees. & W. 286. 
 
 NEMO TENETUR SEIPSUM INFORTU- 
 nlis et periculis exponere. No one is bound 
 to expose himself to misfortune and dan- 
 gers. Co. Litt. 253. 
 
 NEMO UNQUAM JUDICET IN SE. No 
 one can ever be a judge in his own cause. 
 
 NEMO UNQUAM VIR MAGNUS FUIT 
 sine aliquo divino afflatu. No one was ever 
 a great man without some divine inspira- 
 tion. Cicero. 
 
 NEMO VIDETUR FRAUDARE EOS QUI 
 sciunt, et consentlunt. No one is considered 
 as deceiving those who know and consent. 
 Dig. 20. 17. 145. 
 
 NEMY, or NEMl (Law Fr.) Not. Nemy 
 come heire, not as heir. Litt. § 3. 
 
 NEPHEW. The son of a brother or sister, 
 Ambl. 514; 1 Jac. 207, whether such 
 brother or sister be of the whole or only 
 of the half-blood. 22 L. J. Gh. 625; 10 
 Hare, 63. 
 
 The Latin nepos, from which ''nephew" 
 is derived, was used in the civil law for 
 nephew, but more properly for grandson; 
 and we accordingly find neveu, the original 
 form of nephew, in the sense of grandson. 
 Britton, c. 119. 
 
 NEPUOY (Old Scotch). In Scotch law. 
 A grandson. Skene de Verb. Sign. voc. 
 "Eneya." 
 
 NET. Clear of anything extraneous, with 
 all deductions (such as charges, expenses, 
 discounts, commissions, taxes, etc.) made; 
 after deductions made; clear of all 
 charges; free from expenses. 198 111. 311. 
 
 NETHER HOUSE OF PARLIAMENT. 
 
 The house of commons was so called in the 
 time of Henry VIII. 
 
 NEUTRALITY. The state of a nation 
 which takes no part between two or more 
 other nations at war with each other. The 
 strict definition rather imports the duty 
 which a neutral owes to a belligerent, than 
 the relative situation in which that bellig- 
 erent chooses to place her. But as it rests 
 with every belligerent to determine, ac- 
 cording to its views of expediency, in what 
 way it will deal with neutrals who have 
 acted in violation of their duty; neturality, 
 therefore, in a more enlarged sense, may 
 signify that permitted relation between any 
 two states, after the right to its continu- 
 ance has been forfeited by one of them. 
 1 M. & S. 459. 
 
 Neutrality consists in the observance of 
 a strict and honest impartiality, so as not 
 to afford advantage in the war to either 
 party, and particularly in so far restrain- 
 ing its trade to the accustomed course 
 which is held in time of peace as not to 
 render assistance to one of the belligerents 
 in escaping the effects of the other's hostili- 
 ties. Even a loan of money to one of the 
 belligerent parties is considered a violation 
 of neutrality. 9 J. B. Moore, 586. A 
 fraudulent neutrality is considered as no 
 neutrality. 
 
 NEVER INDEBTED (Law Lat. wmgwom 
 indebitatus). In English practice. A form 
 of plea in actions of debt on simple con- 
 
NEW ASSIGNMENT 
 
 691 
 
 NEXI 
 
 tract, substituted by the late pleading rules 
 in place of the plea of nil debet {q. v.) 
 Reg. Hillary Term, 4 Wm. IV.; Steph. PI. 
 156. The substance of it is that the de- 
 fendant "never was indebted in manner 
 and form as in the declaration alleged." 
 Id. It is made the proper form of plea 
 in cases where the defendant means to 
 deny, in point of fact, the existence of 
 any express contract to the effect alleged 
 in the declaration, or to deny the matters 
 of fact from whicli such conti'act would, by 
 law, be implied. Wharton, 
 
 NEW ASSIGNMENT. A restatement of 
 the cause of action by the plaintiff, with 
 more particularity and certainty, but con- 
 sistently with the general statement in the 
 declaration. Steph. PI. 241; 20 Johns. (N. 
 Y. 43. 
 
 Its purpose is to avoid the effect of an 
 evasive plea which apparently answers the 
 declaration, though it does not really apply 
 to the matter which the plaintiff had in 
 view. 1 Wm. Saund. 299b, note 6. Thus, 
 if a defendant has committed two assaults 
 on the plaintiff, one of which is justifiable, 
 and the other not, as the declaration may 
 not distinguish one from the other, the 
 defendant may justify, and the plaintiff, 
 not being able either to traverse, demur, or 
 confess and avoid, must make a new assign- 
 ment. 
 
 NEW FOR OLD. A term used in the law 
 of insurance in cases of adjustment of a 
 loss when it has been but partial. In 
 making such adjustment, the rule is to 
 apply the old materials towards the pay- 
 ment of the new, by deducting the value 
 of them from the gross amount of the ex- 
 penses for repairs, and to allow the deduc- 
 tion of one-third new for old upon the bal- 
 ance. See 1 Cow. (N. Y.) 265; 4 Cow. 
 (N. Y.) 245; 4 Ohio, 284; 7 Pick. (Mass.) 
 259; 14 Pick. (Mass.) 141. 
 
 NEW INN. An inn of chancery. See 
 "Inns of Chancery." 
 
 NEW MATTER. In pleading. Matter ex- 
 trinsic to the matter in the pleading to 
 which the party introducing the same an- 
 swers or replies. 7 Hun (N. Y.) 482. 
 
 Facts different from those alleged in the 
 complaint, and not embraced within the 
 judicial inquiry into their truth. 16 S. C. 
 586. 
 
 Thus, payment (16 N. Y. 297; 25 Ohio 
 St. 276), fraud in obtaining the instru- 
 ment sued on (20 Minn. 411), or limita- 
 tions (57 Iowa, 307) constitute new matter. 
 
 NEW PROMISE. A contract made after 
 the original promise has, for some cause, 
 been rendered invalid, by which the 
 promiser agrees to fulfill such original 
 promise. 
 
 NEW STYLE. The modern system of 
 computing time was introduced into Great 
 
 Britain A. D. 1752, the 3d of September of 
 that year being reckoned as the 14th. 
 
 NEW TRIAL. In practice. A rehearing of 
 the legal rights of the parties, upon dis- 
 puted facts, before another jury, granted 
 by the trial court, or a reviewing on ap- 
 plication of the party dissatisfied with the 
 result of the previous trial, upon a proper 
 case being presented for the purpose. 4 
 Chit. Prac. 30; 2 Graham & W. New Tr. 
 32. 
 
 NEW TRIAL PAPER. In English prac- 
 tice. A paper containing a list of causes 
 in which rules nisi have been obtained for 
 a new trial, or for entering a verdict in 
 place of a nonsuit, or for entering judg- 
 ment non obstante veredicto, or for other- 
 wise varying or setting aside proceedings 
 which have taken place at nisi prius. 
 These are called on for argument in the 
 order in which they stand in the paper, 
 on days appointed by the judges for the 
 purpose. Brown. 
 
 NEW WORK. In the civil law. An edi- 
 fice or other work newly commenced on any 
 ground whatever. Civ. Code La. art. 852. 
 
 NEWLY-DISCOVERED EVIDENCE. Proof 
 of some new material fact in a case, as- 
 certained since the decision. 
 
 To constitute such newly-discovered evi- 
 dence as is ground for a new_ trial, the evi- 
 dence must be new and material, not merely 
 impeaching (125 111. 122; 24 Pick. [Mass.] 
 246; 67 Barb. [N. Y.] 411; 36 Minn. 323), 
 nor cumulative (20 Conn. 306; 43 Barb. 
 [N. Y.] 203). It must have been discovered 
 since the former trial (39 Me. 263; 37 How. 
 Pr. [N. Y.] 524), and reasonable diligence 
 must have been used, without success, to 
 discover it in time for the trial (113 111. 
 82; 34 Minn. 351; 35 Hun [N. Y.] 95). 
 
 NEWSPAPER. A printed publication, Is- 
 sued in numbers at stated intervals, con- 
 veying intelligence of passing events. The 
 term "newspaper" is commonly applied to 
 such publications only as are issued in a 
 single sheet, and at short intervals, as daily 
 or weekly. 4 Op. Attys. Gen. U. S. 10; 7 
 Exch. 97. 
 
 As used in statutes regulating the pub- 
 lication of legal notices, etc., a newspaper 
 must contain matter of general interest; 
 a journal confined to the interests of a 
 single trade or profession not being within 
 the term. 25 Minn. 147. But see 75 111. 
 61. But where, though the main body of 
 the paper is devoted to some special in- 
 terest, there is in each issue one or more 
 columns of general news and reading mat- 
 ter and advertisements confined to no one 
 calling or trade, the publication is a new- 
 paper. 126 111. 219 (law journal); 38 
 Minn. 349 (religious weekly) ; 43 N. Y. 
 Supp. 720 (daily mercantile journal). 
 
 NEXI. In Roman law. Persons bound 
 (nexi) ; that is, insolvents, who might be 
 
NEXT 
 
 692 
 
 NIHIL, NICHIL, or NIL 
 
 held in bondage by their creditors until 
 their debts were discharged. Vicat; 
 Heinec. Ant. Rom. lib. 3. tit. 330; Calv. 
 Lex.; Mackeld. Civ. Law, § 486a. 
 
 NEXT. Next is only an abbreviation of 
 the word "nearest." 1 Coll. C. C. 9; 13 
 L. J. Ch. 147; 36 L. J. Ch. 793; L. R. 4 
 Eq. 359. It means nearest or nighest; not 
 in the sense of propinquity alone, as, for 
 example, three persons on three chairs, one 
 in the midst, those on each side of the 
 middle one are equally near, each "next" 
 to the center one. But it signifies also 
 order, or succession, or relation as well as 
 propinquity. 27 L. J. Ch. 654. 
 
 NEXT FRIEND. One who, without being 
 regularly appointed guardian, acts for the 
 benefit of an infant, married woman, or oth- 
 er person not sui juris. Same as prochein 
 ami (q. v.) 
 
 NEXT OF KIN. The next of kin of a de- 
 ceased person are his nearest blood rela- 
 tives. It has been held that the next of kin 
 included all blood relatives who took under 
 the statute of distribution (28 How. Pr. [N. 
 Y.] 417) ; but the more modern holding is 
 that it includes only the nearest in blood, 
 excluding some who may be within the stat- 
 ute (150 Mass. 225). It includes relatives 
 of the half blood. 
 
 The term does not include a surviving 
 husband or wife, they not being related by 
 blood. 113 Mass. 431; 44 111. 446; 69 N. Y. 
 36. 
 
 NEXUM (Lat.) In Roman law. The trans- 
 fer of the ownership of a thing, or the 
 transfer of a thing to a creditor as a se- 
 curity. 
 
 In one sense, nexum includes mancipium; 
 in another sense, mancipium and nexum 
 are opposed, in the same way as sale and 
 mortgage or pledge are opposed. The 
 formal part of both transactions consisted 
 in a transfer per aes et libram. The person 
 who became nexus by the effect of a nexum 
 placed himself in a servile condition, not 
 becoming a slave, his ingenuitas being only 
 in suspense, and was said to be nexum 
 inire. The phrases nexi datio, nexi libera- 
 tio, respectively express the contracting 
 and the release from the obligation. 
 
 NICHIL. An old form of nihil (g, v.) 
 
 NIECE. The daughter of a brother or sis- 
 ter. Ambl. 514; 1 Jac. 207. 
 
 NIEFE. In old English law. A woman 
 born in vassalage. 
 
 NIENT (Law Fr.) Nothing; not; null. 
 
 NIENT COMPRISE (Law Fr. not Includ- 
 ed). An exception taken to a petition be- 
 cause the thing desired is not contained in 
 that deed or proceeding whereon the peti- 
 tion is founded. Tomlins. 
 
 NIENT CULPABLE (Law Fr. not guilty). 
 The name of a plea used to deny any charge 
 of a criminal nature, or of a tort. 
 
 NIENT DEDIRE (Law Fr. to say nothing). 
 Words used to signify that judgment be 
 rendered against a party because he does 
 not deny the cause of action; i. e., by de- 
 fault. 
 
 When a fair and impartial trial cannot 
 be had in the county where the venue is 
 laid, the practice ih the English courts is, 
 on an affidavit of the circumstances, to 
 change it in transitory actions; or, in local 
 actions, they vdll give leave to enter a sug- 
 gestion on the roll, with a nient dedire, in 
 order to have the trial in another county. 
 1 Tidd, Prac. (8th Ed.) 655. 
 
 NIENT LE FAIT (Law Fr.) In pleading. 
 The same as non est factum, a plea by 
 which the defendant asserts that the deed 
 declared upon is not his deed. 
 
 NIENT SE I SI. In old pleading. Not seis- 
 ed. The general plea in the writ of annuity. 
 Crabb, Hist. Eng. Law, 424. 
 
 NIGER LIBER. The black book of regis- 
 ter in the exchequer; chartularies of ab- 
 beys, cathedrals, etc. 
 
 NIGHT. That space of time during which 
 the sun is below the horizon of the earth, 
 except that short space which precedes its 
 rising and follows its setting, during which, 
 by its light, the countenance of a man may 
 be discerned. At common law, the night, 
 for the purpose of burglary, does not be- 
 gin until after and ceases when there is 
 daylight enough to discern a man's counte- 
 nance. 1 Hale, P. C. 550; 4 Bl. Comm. 
 224; 10 N. H. 105; 42 Vt. 629. See "Day- 
 time." 
 
 NIGHT MAGISTRATE. A constable of the 
 night; the head of a watch house. 
 
 NIGHT WALKERS. Persons who sleep by 
 day and walk by night (5 Edw. III. c. 14) ; 
 that is, persons of suspicious appearance 
 and demeanor, who walk by night. 
 
 Watchmen may undoubtedly arrest 
 them; and it is said that private persons 
 may also do so. 2 Hawk. P. C. 120. Women 
 walking up and down the streets to pick 
 up men. 3 Taunt. 14, 15. See Hammond, 
 N. P. 135; 15 Viner, Abr. 555; Dane, Abr. 
 Index. 
 
 NIGRUM NUNQUAM EXCEDERE DE- 
 bet rubrum. The black should never go be- 
 yond the red; i. e., the text of a statute 
 should never be read in a sense more com- 
 prehensive than the rubric, or title. Tray. 
 Lat. Max. 373. 
 
 NIHIL, NICHIL, or NIL (Lat.) Nothing. 
 
 In Practice. A return made by a sher- 
 iff to a writ of scire facias, that the bail or 
 defendants have nothing (nihil habent)_ by 
 which he can make known to them. 2 Tidd, 
 Prac. 1124. 
 
NIHIL ALIUD POTEST REX 
 
 693 
 
 NIHIL TAM CONVENIENS 
 
 A return formerly made to process of at- 
 tachment and distringas to compel the ap- 
 pearance of a defendant. 3 Bl. Comm. 282. 
 
 A return or answer formerly made by a 
 sheriff, on being opposed (that is, inter- 
 rogated) in the exchequer concerning il- 
 leviable debts, that they were worth noth- 
 ing. Cowell. 
 
 In American Law. A return to an at- 
 tachment in garnishee process. 4 Pa. St. 
 232. 
 
 NIHIL ALIUD POTEST REX QUAM 
 quod de jure potest. The king can do noth- 
 ing but what he can do justly. 11 Coke, 74. 
 
 NIHIL CAPIAT PER BREVE (Lat. that 
 he take nothing by his writ). In practice. 
 The form of judgment against the plaintiff 
 in an action, either in bar or in abatement. 
 When the plaintiff has commenced his pro- 
 ceedings by bill, the judgment is nihil 
 capiat per billam. Co. Litt. 363. 
 
 NIHIL CONSENSUI TAM CONTRARIUM 
 
 est quam vis atque metus. Nothing is so con- 
 trary to consent as force and fear. Dig. 50. 
 17. 116. 
 
 NIHIL DAT QUI NON HABET. He gives 
 nothipg who has nothing. 
 
 NIHIL DE RE ACCRESCIT El QUI NIHIL 
 
 in re quando jus accresceret habet. Nothing 
 accrues to him who, when the right accrues, 
 has nothing in the subject matter. Co. Litt. 
 188. 
 
 NIHIL DICIT (Lat. he says nothing). The 
 name of the judgment rendered against a 
 defendant who fails to put in a plea or 
 answer to the plaintiff's declaration by the 
 day assigned. In such a case, judgment is 
 given against the defendant of course, as 
 he says nothing why it should not. See 15 
 Viner, Abr. 556; Dane, Abr. Index. 
 
 NIHIL EST ENIM LIBERALE QUOD 
 non Idem justum. For there is nothing gen- 
 erous which is not at the same time just. 
 2 Kent, Comm. 441, note (a). 
 
 NIHIL EST iVIAGIS RATIONI CONSEN- 
 taneum quam eodem modo quodque dissol- 
 vere quo conflatum est. Nothing Is more 
 consonant to reason than that everything 
 should be dissolved in the same way in 
 which it was made. Shep. Touch. 323. 
 
 NIHIL FACIT ERROR NOIVIINIS CUIVl DE 
 corpore constat. An error in the name is 
 nothing when there is certainty as to the 
 thing. 11 Coke, 21; 2 Kent, Comm. 292. 
 
 NIHIL HABET (Lat. he has nothing). The 
 name of a return made by a sheriff, mar- 
 shal, or other proper officer, to a scire 
 facias or other writ, when he has not been 
 able to serve it on the defendant. 5 Whart. 
 (Pa.) 367. 
 
 Two returns of nihil are, in general, 
 equivalent to a service. Yelv. 112; 1 Cow. 
 (N. Y.) 70; 1 Law Rep. (N. C.) 491; 4 
 Blackf. (Ind.) 188; 2 Bin. (Pa.) 40. 
 
 NIHIL HABET FORUIVI EX SCENA. The 
 
 court has nothing to do with what is not 
 before it. 
 
 NIHIL IN LEGE INTOLERABILIUS EST, 
 eandem rem diverso jure censerl. Nothing 
 in law is more intolerable than that the 
 same case should be subject (in different 
 courts) to different views of the law. 4 
 Coke, 93. 
 
 NIHIL INFRA REGNUM SUBDITOS MA- 
 gis conservat in tranquilitate et concordIa 
 quam debita legum administratio. Nothing 
 preserves in tranquillity and concord those 
 who are subjected to the same government 
 better than a due administration of the 
 laws. 2 Inst. 158. 
 
 NIHIL INIQUIUS QUAM AEQUITATEM 
 
 nimis intendere. Nothing is more unjust 
 than to extend equity too far. Halk. Max. 
 103. 
 
 NIHIL MAGIS JUSTUM EST QUAM 
 
 quod necessarium est. Nothing is more just 
 than what is necessai-y. Dav. 12. 
 
 NIHIL NEQUAM EST PRAESUMENDUM. 
 Nothing wicked is to be presumed. 2 P. 
 Wms. 583. 
 
 NIHIL PERFECTUM EST DUM ALIQUID 
 restat agendum. Nothing is perfect while 
 something remains to be done. 9 Coke, 9. 
 
 NIHIL PETI POTEST ANTE ID TEM- 
 pus, quo per rerum naturam persolvi possit. 
 Nothing can be demanded before that time 
 when, in the nature of things, it can be 
 paid. Dig. 50. 17. 186. 
 
 NIHIL POSSUMUS CONTRA VERITA- 
 tern. We can do nothing against truth. Doc- 
 tor & Stud. dial. 2, c. 6. 
 
 NIHIL PRAESCRIBITUR NISI QUOD 
 possldetur. There is no prescription for that 
 which is not possessed. 5 Barn. & Aid. 277. 
 
 NIHIL QUOD EST CONTRA RATIONEM 
 
 est licitum. Nothing against reason is law- 
 ful. Co. Litt. 97. • 
 
 NIHIL QUOD EST INCONVENIENS EST 
 
 licitum. Nothing inconvenient is lawful. 4 
 H. L. Cas. 145, 195. 
 
 NIHIL SIMUL INVENTUM EST ET PER- 
 
 fectum. Nothing is invented and perfected 
 at the same moment. Co. Litt. 230; 2 Bl. 
 Comm. 298, note. 
 
 NIHIL TAM CONVENIENS EST NATU- 
 rali aequitati quam unumquodque dissolvl eo 
 ligamine quo ligatum est. Nothing is so con- 
 sonant to natural equity as that each 
 thing should be dissolved by the same 
 means by which it was bound. 2 Inst. 360 ; 
 Broom, Leg. Max. (3d London Ed.) 785. 
 See Shep. Touch. 323. 
 
 NIHIL TAM CONVENIENS EST NATU- 
 rali aequitati, quam voiuntatem domini vo- 
 
NIHIL TAM NATURALE EST 
 
 694 
 
 NISI PRIUS 
 
 lentis rem suam in alium transferre, ratam 
 haberi. Nothing is more conformable to nat- 
 ural equity than to confirm the will of an 
 owner who desires to transfer his property 
 to another. Inst. 2. 1.-40; 1 Coke, 100. 
 
 NIHIL TAM NATURALE EST, QUAM EO 
 genere quidque dissolvere, quo colligatum 
 est. Nothing is so natural as that an obliga- 
 tion should be dissolved by the same princi- 
 ples which were observed in contracting it. 
 Dig. 50. 17. 35. See 1 Coke, 100; 2 Inst. 
 359. 
 
 NIHIL TAM PROPRIUM IMPERIO QUAM 
 legibus vivere. Nothing is so becoming to 
 authority as to live according to the law. 
 Fleta, lib. 1. c. 17, § 11; 2 Inst. 63. 
 
 NIL AGIT EXEMPLUM LITEM QUOD 
 lite resoivlt. An example does no good which 
 settles one question by another. 15 Wend. 
 (N. Y.) 44, 49. 
 
 NIL DEBET (Lat. he owes nothing). In 
 pleading. The general issue in debt on sim- 
 ple contract. It is in the following form: 
 "And the said C. D., by E. F., his attorney, 
 comes and defends the wrong and injury, 
 when, etc., and says that he does not owe 
 the said sum of money above demanded, or 
 any part thereof, in manner and form as 
 the said A. B. hath above complained. And 
 of this the said C. D. puts himself upon the 
 country." When, in debt on specialty, the 
 deed is the only inducement to the action, 
 the general issue is nil debet. Staph. PI. 
 174, note; 8 Johns, (N. Y.) 83; Dane, Abr. 
 Index. 
 
 NIL FACIT ERROR NOMINIS SI DE 
 corpore constat. An error in the name is im- 
 material if the body is certain. Broom, Leg. 
 Max. (3d London Ed.) 566; 11 C. B. 406. 
 
 NIL HABUIT IN TENEMENTIS (Lat.) In 
 pleading. A plea by which the defendant, 
 who is sued by his landlord in debt for rent 
 upon a lease, but by deed indented, denies 
 his landlord's title to the premises, alleging 
 "that he has no interest in the tenements." 
 2 Lilly, Abr. 214; 12 Viner, Abr. 184; 15 
 Viner, Abr. 556. 
 
 NIL SINE PRUDENTI FECIT RATIONE 
 vetustas. Antiquity did nothing without a 
 good reason. Co. Lltt. 65. 
 
 NIL TEMERE NOVADUM. Nothing 
 should be rashly changed.' N. Jenk. Cent. 
 Cas. 163. 
 
 NIMIA CERTITUDO CERTITUDINEM IP- 
 
 sam destruit. Too great certainty destroys 
 certainty itself. Lofft, 244. 
 
 NIMIA SUBTILITAS IN JURE REPRO- 
 batur. To much subtlety in law is dis- 
 countenanced. Wingate, Max. 26. 
 
 NIMIA SUBTILITAS IN JURE REPRO- 
 batur, et talis certitude certitudinem con- 
 fundlt Too great subtlety is disapproved of 
 
 in law; for such nice pretense of certainty 
 confounds true and legal certainty. Broom, 
 Leg. Max. (3d London Ed.) 175; 4 
 Coke, 5. 
 
 N I M I U M ALTERCANDO, VERITAS 
 
 amittitur. By too much altercation, truth is 
 lost. Hob. 344. 
 
 NIMMER. A thief; a pilferer. 
 
 NISI (Lat. unless). A word frequently af- 
 fixed to the words "order," "rule," etc., 
 to indicate that such order or rule is con- 
 ditional, being operative unless the party 
 shall show cause to the contrary. 
 
 NISI PRIUS (Lat. unless before). In prac- 
 tice. For the purpose of holding trials by 
 jury. Important words in the writ {venire) 
 directing the sheriff to summon jurors for 
 the trial of causes depending in the supe- 
 rior courts of law in England, which have 
 come to be adopted, both in England and 
 the United States, to denote those courts 
 or terms of court held for the trial of civil 
 causes with the presence and aid of a jury. 
 The origin of the use of the term is to be 
 traced to a period anterior to the institu- 
 tion of the commission of nisi prius in its 
 more modern form. By Magna Charta it 
 was provided that the common pleas should 
 be held in one place, and should not follow 
 the person of the king; and by another 
 clause, that assizes of novel disseisin and 
 of mart d'ancestor, which were the two 
 commonest forms of actions to recover 
 land, should be held in the various coun- 
 ties before the justices in eyre. A prac- 
 tice obtained very early, therefore, in the 
 trial of trifling causes, to continue the 
 cause in the superior court from term to 
 term, provided the justices in eyre did not 
 sooner (nisi justiciarii diu) come into the 
 county where the cause of action arose, in 
 which case they had jurisdiction when they 
 so came. Bracton, lib. 3, c. 1, § 11. By 
 the statute of nisi prius (13 Edw. I. c. 30, 
 enforced by 14 Edw. III. c. 16), justices of 
 assize were empowered to try common is- 
 sues in trespass and other suits, and re- 
 turn them, when tried, to the superior 
 court, where judgment was given. Tha 
 clause was then left out of the continuance 
 and inserted in the venire, _ thus : "Prae- 
 cipimus tibi quod venire facias coram jus- 
 ticiaris nostris apud Westm. in Octabis 
 Scti Michaelis, nisi talis et talis, tali die 
 et loco, ad partes illas venerint, duodecim," 
 etc. We command you that you cause to 
 come before our justices at Westminster, 
 on the octave of Saint Michael, unless such 
 and such a one, on such a day and place, 
 shall come to those parts, twelve, etc. Un- 
 der the provisions of 42 Edw. III. c. 11, 
 the clause is omitted from the venire, and 
 the jury is respited in the court above, 
 while the sheriff summons them to appear 
 before the justices, upon a habeas corpora 
 juratorum, or, in the king's bench, a dis- 
 tringas. See Sellon, Prac. Introd. Ixv; 
 
NISI PRIUS ROLL. 
 
 695 
 
 NOMEN 
 
 1 Spence, Eq. Jnr. 116; 3 Bl. Comm. 362- 
 354; 1 Reeve, Hist. Eng. Law, 245, 382. 
 
 See, also "Assize;" "Courts of Assize and 
 Nisi Prius;" "Jury." 
 
 NISI PRIUS ROLL. In practice. The tran- 
 script of a case made from the record of 
 the superior court in which the action is 
 commenced, for use in the nisi prius court. 
 
 It includes a history of all the proceed- 
 ings in the case, including the declaration, 
 plea, replication, rejoinder, issue, etc. It 
 must be presented in proper manner to the 
 nisi prius court. When a verdict has been 
 obtained and entered on this record, it be- 
 comes the postea, and is returned to the su- 
 perior court. 
 
 NISI PRIUS WRIT. The old name of the 
 writ of venire, which originally, in pursu- 
 ance of the statute of Westminster II., con- 
 tained the nisi prius clause. Reg. Jud. 28, 
 75; Cowell. The clause, however, as it ap- 
 pears in the forms, was not in the original 
 nisi prius form, but in the alternative, the 
 jury being directed to be summoned to come 
 before the justices at Westminster, etc., or 
 before the justices of assize if they should 
 sooner come to the place of trial, on the 
 day designated. The emphatic Latin words 
 were not nisi prius, but vel si prius. See 
 Reg. Jud. ubi supra. 
 
 NO AWARD. The name of a plea to an 
 action or award. 2 Ala. 520; 1 N. Chip. 
 (Vt.) 131; 3 Johns. (N. Y.) 367. 
 
 NO BILL. Words frequently indorsed on 
 a bill of indictment by the grand jury when 
 they have not sufficient cause for finding a 
 true bill. They are equivalent to "Not 
 found," or "Ignoramus" (q. v.) 2 Nott & 
 McC. (S. C.) 558. 
 
 NO PAR VALUE. Stock issued without 
 any expressed par value. Fletcher Cy- 
 clopedia Corporations, § 3456. 
 
 NOBILE OFFICIUM. In Scotch law. An 
 equitable power of the court of sessions, by 
 which it is able, to a certain extent, to give 
 relief when none is possible at law. Stair, 
 Inst. bk. 4, tit. 3, § 1; Ersk. Inst. 1. 3. 22; 
 Bell, Diet. 
 
 NOBILES MAGIS PLECTUNTUR PECU- 
 nia; plebes vero In corporo. The higher 
 classes are more punished in money; but 
 the lower in person. 3 Inst. 220. 
 
 NOBILES SUNT QUI ARMA GENTILI- 
 tia antecessorum suorum proferre possunt. 
 The gentry are those who are able to pro- 
 duce armorial bearings derived by descent 
 from their own ancestors. 2 Inst. 595. 
 
 NOBILIORES ET BENIGNIORES PRE- 
 sumptiones in dublis sunt praeferendae. 
 When doubts arise, the most generous and 
 benign presumptions are to be preferred. 
 Reg. Jur. 
 
 NOBILITAS EST DUPLEX,— SUPERIOR 
 et inferior. There are two sorts of nobili- 
 ty, — ^the higher and the lower. 2 Inst. 583. 
 
 NOBILITY. A division of the civil state, 
 comprising persons exalted to some title or 
 dignity. It is the opposite of "common- 
 alty," and in England includes dukes, mar- 
 quises, earls, viscounts, and barons. 1 Bl. 
 Comm. 396. 
 
 NOCENT (from Lat. "nocere"). Guilty. 
 "The nocent person." 1 Vern. 429. 
 
 NOCTANTER. By night. An abolished 
 writ which issued out of chancery, and re- 
 turned to the queen's bench, for the pros- 
 tration of inclosures, etc. 
 
 NOCTES and NOCTEM DE FIRMA. En- 
 tertainment of meat and drink for so many 
 nights. Domesday Book. 
 
 NOCUMENTUM (Lat. harm, nuisance). 
 In old English law. A thing done whereby 
 another man is annoyed in his free lands 
 or tenements. Also, the assize or writ 
 lying for the same. Fitzh. Nat. Brev. 183; 
 Old Nat. Brev. 108, 109. Manw. For. Laws, 
 c. 17, divides nocumentuvt into generale, 
 commune, speciale. Reg. Grig. 197, 199; 
 Coke, Will Case. Nocumentum was also 
 divided into damnosum, for which no action 
 lay, it being done by an irresponsible agent, 
 and injuriosum et damnosum, for which 
 there were several remedies. Bracton, 221 ; 
 Fleta, lib. 4, c. 26, § 2. 
 
 NOLENS VOLENS (Lat.) Whether will- 
 ing or unwilling. 
 
 NOLISSEMENT (Fr. from nolis). In 
 French marine law. Affreightment. Ord. 
 Mar. liv. 3, tit. 1. 
 
 NOLLE (Lat.) To be unwilling; to will 
 not do a thing; to refuse to do a thing. 
 Used, in the civil law, to denote a voluntary 
 act under full knowledge. Calv. Lex. A 
 distinction was made between nolle and non 
 velle. Id. Ejus est nolle, quie potest velle {q. 
 v.). 
 
 NOLLE PROSEQUI. In practice. An en 
 try made on the record, by which the prose, 
 cutor or plaintiff declares that he will pro- 
 ceed no further. It was formerly used in 
 both civil and criminal proceedings, but in 
 the former is now superseded by the prac- 
 tice of discontinuance. 
 
 NOLO CONTENDERE. I will not con- 
 tend. A plea to an indictment on which the 
 defendant might be sentenced, but which 
 did not estop him in a civil proceeding for 
 the same cause. 
 
 NOIVIEN (Lat.) 
 
 in Civil Law. A name of a person or 
 
 thing. In a stricter sense, the name which 
 declared the gens or family, as, Porcius, 
 Cornelius; the cognomen being the name 
 which marked the individual, as Cato, Mar- 
 
NOMEN COLLECTIVUM 
 
 696 
 
 NOMINATING AND REDUCING 
 
 cus; agnomen, a name added to the cogno- 
 men for the purpose of description. The 
 name of the person himself; e. g., nomen 
 curiis addere. The name denoting the con- 
 dition of a person or class; e. g., nomen 
 liberorum, condition of children. Cause or 
 reason (pro causa aut ratione) ; e. g., 
 nomine culpae, by reason of fault. _ A mark 
 or sign of anything, corporeal or incorpor- 
 eal. Nomen supremum, i. e., God. Debt, or 
 obligation of debt; a debtor. See Vicat; 
 Calv. Lex. 
 
 In Old English Law. A name; the 
 
 Christian name, e. g., John, as distinguished 
 from the family name. It is also called 
 praenomen. Fleta, lib. 4, c. 10, §§ 7, 9; Law 
 Fr. & Lat. Diet. 
 
 In Scotch Law. Nomen debiti, Tight to 
 
 payment of a debt. 
 
 NOMEN COLLECTIVUM (Lat.) A word 
 in the singular number, which is to be 
 understood in the plural in certain cases. 
 
 Misdemeanor, for example, is a word of 
 this kind, and when in the singular may 
 be taken as nomen collectivum, and includ- 
 ing several offenses. 2 Barn. & Adol. 75. 
 "Heir," in the singular, sometimes includes 
 all the heirs. "Felony" is not such a term. 
 
 NOMEN EST QUASI REI NOTAMEN. A 
 name is, as it were, the note of a thing. 11 
 Coke, 20. 
 
 NOMEN GENERALE (Lat.) A general 
 name; the name of a genus. Fleta, lib. 4, 
 c. 19, § 1. 
 
 NOMEN GENERALISSIMUM (Lat.) A 
 most universal or comprehensive term; e. 
 g., land. 2 Bl. Comm. 19; 3 Bl. Comm. 
 172; Taylor. So, "goods." 2 Williams, 
 Ex'rs, 1014. 
 
 NOMEN JURIS. A name of the law; a le- 
 gal name or designation; a technical legal 
 term. 2 Swinton, 429. 
 
 NOMEN NON SUFFICIT SI RES NON 
 sit de jure aut de facto. A name does not 
 supce if the thing do not exist by law or by 
 fact. 4 Coke, 107. 
 
 NOMINA SI NESCIS PERIT COGNITIO 
 
 re rum. If you know not the names of things, 
 the knowledge of things themselves per- 
 ishsB. Co. Litt. 86. 
 
 NOMINA SUNT MUTABILIA, RES AU- 
 
 tern immoblles. Names are mutable, but 
 things immutable. 6 Coke, 66. 
 
 NOMINA SUNT NOTAE RERUM. Names 
 are the notes of things. 11 Coke, 20. 
 
 NOMINA SUNT SYMBOLA RERUM. 
 
 Names are the symbols of things. 
 
 NOMINA VILLARUM (Lat.) Names of 
 the villages. The name of a return made 
 by the sheriffs of England into the exche- 
 quer, in the reign of Edward II. of the 
 
 names of all the villages and their posses- 
 sors in every county. Cowell; Blount. 
 
 NOMINAL. Existing in name only; for- 
 mal, and not substantial. 
 
 NOMINAL DAMAGES. In practice. A 
 trifling sum awarded where a breach of 
 duty or an infraction of the plaintiff's right 
 is shown, but no serious loss is proved to 
 have been sustained. See "Injuria Absque 
 Damno." Practically no damages at all. 
 Such as exist only in name, and not in 
 amount. They are such as are to be award- 
 ed in a case where there has been a breach 
 of contract and no actual damages what- 
 ever have been or can be shown. 59 Conn. 
 272; 21 Am. St. Rep. 110; 188 111. 241, 
 242. 
 
 NOMINAL PARTNER. One who Is ap- 
 parently or ostensibly a member of a firm, 
 but who is not really so. 
 
 The term "ostensible partner" has been 
 used in the sense of nominal partner (67 
 Tex. 383), but it is better to confine the 
 term "ostensible partner" to one who is 
 really a partner, and known as such, and 
 apply "nominal partner" to one who is 
 not really a partner, but only apparently 
 so. 
 
 NOMINAL PLAINTIFF. One who Is 
 named as the plaintiff in an action, but 
 who has no interest in it, having assigned 
 the cause or right of action to another, for 
 whose use it is brought. 
 
 NOMINARE (Lat. from nomen, name). 
 To name; to nominate; to appoint. Calv. 
 Lex. 
 
 NOMINATE. To appoint. Applied in this 
 sense to the designation by a person of one 
 to act as fiduciary or personal representa- 
 tive. Thus it is the customary term in 
 designating the executor by a testator. 
 
 To make a candidate for election. See 
 "Candidate." 
 
 NOMINATE CONTRACT. A contract dis- 
 tinguished by a particular name, the use 
 of which name determines the rights of all 
 the parties to the contract; as, purchase 
 and sale, hiring, partnership, loan for use, 
 deposit, and the like. The law thus super- 
 sedes the necessity for special stipulations, 
 and creates an obligation in the one party 
 to perform, and a right in the other to de- 
 mand, whatever is necessary to the ex- 
 plication of that contract. In Roman law 
 there were twelve nominate contracts, with 
 a particular action for each. Bell, Diet. 
 "Nominate and Innominate;" Maekeld, Civ. 
 Law, §§395, 408; Dig. 2, 14. 7. 1. 
 
 NOMINATING AND REDUCING. A mode 
 of obtaining a panel of special jurors in 
 England, from which to select the jury to 
 try a particular action. The proceeding 
 takes place before the under sheriff or sec- 
 ondary, and in the presence of the parties 
 
NOMINATIVUS PENDENS 
 
 697 
 
 NON CEPIT MODO ET FORMA 
 
 solicitors. Numbers denoting the persons 
 on the sheriff's list are put into a box and 
 drawn until forty-eight unchallenged per- 
 sons have been nominated. Each party 
 strikes off twelve, and the remaining twen- 
 ty-four are returned as the "panel" (g. i>.) 
 This practice is now only employed by 
 order of the court or judge. Smith, Actions, 
 130; Juries Act 1870, § 17; Rapalje & L. 
 
 NOMINATIVUS PENDENS (Lat.) A nom- 
 inative case grammatically unconnected 
 with the rest of the sentence in which it 
 stands. The opening words in the ordinary 
 form of a deed inter partes, "This inden- 
 ture," etc., down to "whereas," though an 
 intelligible and convenient part of the deed, 
 are of this kind. Wharton. 
 
 NOMINE POENAE (Lat. in the nature of 
 a penalty). 
 
 In Civil Law. A condition annexed to 
 
 heirship by the will of the deceased person. 
 Domat, Civ. Law; Halifax, Anal. 
 
 At Common Law. A penalty fixed by 
 
 covenant in a lease for nonperformance of 
 its conditions. 2 Lilly, Abr. 221. 
 
 It is usually a gross suni of money, 
 though it may be anything else, appointed 
 to be paid by the tenant to the reversioner, 
 if the duties are in arrear, in addition to 
 the duties themselves. Hammond, N. P. 
 411, 412. 
 
 NOMINEE. One who has been nominated. 
 See "Nominate." 
 
 NOMOCANON. 
 
 (1) A collection of canons and imperial 
 laws relative or conformable thereto. The 
 first nomocanon was made by Johannes 
 Scholasticus in 554. Photius, patriarch of 
 Constantinople, in 883, compiled another 
 nomocanon, or collation of the civil laws 
 with the canons; this is the most cele- 
 brated. Balsamon wrote a commentary 
 upon it in 1180. 
 
 (2) A collection of the ancient canons of 
 the apostles, councils, and fathers, without 
 any regard to imperial constitutions. Such 
 is the nomocanon by M. Cotelier. Enc. 
 Lond. 
 
 NOMOGRAPHER. One who writes on the 
 subject of laws. 
 
 NOMOGRAPHY. A treatise or descrip- 
 tion of laws. 
 
 NO MOTH ETA. A lawgiver; such as So- 
 lon and Lycurgus among the Greeks, and 
 Caesar, Pompey, and Sylla among the Ro- 
 mans. ,Calv. Lex. 
 
 NON (Lat.) Not; no. 
 
 NON ACCEPTAVIT (Lat. he did not ac- 
 cept). In pleading. The name of a plea to 
 an action of assumpsit brought against the 
 drawee of a bill of exchange upon a sup- 
 posed acceptance by him. See 4 Man. & 
 G. 561. 
 
 NON ACCIPI DEBENT VERBA IN DEM- 
 onstratlonem falsam, quae competunt In lim- 
 itation em veram. Words ought not to be ac- 
 cepted to import a false description, which 
 may have effect by way of true limitation. 
 Bac. Max. reg. 13; 2 Pars. Cont, 62-65; 
 Broom, Leg. Max. (3d London Ed.) 573; 3 
 Barn. & Adol. 459; 4 Exch. 604; 3 Taunt. 
 147. 
 
 NON ALIO MODO PUNIATUR ALIQUIS, 
 quam secundum quod se habet condemnatio. 
 A person may not be punished differently 
 than according to what the sentence en- 
 joins. 3 Inst. 217. 
 
 NON ALITER A SIGNIFICATIONE VER- 
 borum recedi oportet quam cum manifestum 
 est, aliud sensjsse testatorem. We must 
 never depart from the signification of 
 words, unless it is evident that they are not 
 conformable to the will of the testator. 
 Dig. 32. 69. pr.; Broom, Leg. Max. (3d 
 London Ed.) 500; 2 De Gex., M. & G. 313. 
 
 NON ASSUMPSIT (Lat. he did not under- 
 take). In pleading. The general issue in 
 an action of assumpsit. 
 
 Its form is: "And the said C. D., by 
 E. P., his attorney, comes and defends the 
 wrong and injury, when, etc., and says that 
 he did not undertake or promise, in manner 
 and form as the said A. B. hath above com- 
 plained. And of this he puts himself upon 
 the country." 
 
 NON ASSUMPSIT INFRA SEX ANNOS. 
 (Lat. he has not undertaken within six 
 years). In pleading. The plea by which, 
 when pleadings were in Latin, the defend- 
 ant alleged that the obligation was not 
 undertaken and the right of action had not 
 accrued within six years, the period of lim- 
 itation of the right to bring suit. 
 
 NON AUDITUR PERIRE VOLENS. One 
 
 who wishes to perish ought not to be heard. 
 Best, Ex. § 385. 
 
 NON BIS IN IDEM. In civil law. A phrase 
 which signifies that no one shall be twice 
 tried for the same offense; that is, that 
 when a party accused has been once tried 
 by a tribunal in the last resort, and either 
 convicted or acquitted, he shall not again 
 be tried. Code, 9. 2. 9. 11; Merlin, Repert. 
 See "Jeopardy." 
 
 NON CEPIT MODO ET FORMA (Lat. he 
 did not take in manner and form). In 
 pleading. The plea which raises the gen- 
 eral issue in an action of replevin. 
 
 Its form is : "And the said C. D., by 
 E. P., his attorney, comes and defends the 
 wrong and injury, when, etc., and says that 
 he did not take the said cattle (or, goods 
 and chattels, according to the subject of 
 the action) in the said declaration men- 
 tioned, or any of them, in manner and form 
 as the said A. B. hath above complained. 
 And of this the said C. D. puts himself 
 upon the country." 
 
NON COMPOS MENTIS 
 
 NON DETINET 
 
 It denies the taking the things, and hav- 
 ing them in the place specified in the dec- 
 laration, both of which are material in this 
 action. Steph. PI. 183, 184; 1 Chit. PI. 490. 
 
 NON COMPOS MENTIS (Lat. not of 
 sound mind, memory, or understanding). 
 A generic term, including all the species of 
 madness, whether it arise from idiocy, 
 sickness, lunacy, or drunkenness. Co. Litt. 
 247; 4 Coke, 124; 1 Phil. 100; 4 Comyn, 
 Dig. 613; 5 Comyn, Dig. 186; Shelf. Lun. 
 1. See "Idiocy;" "Insanity." 
 
 NON CONCEDANTUR CITATIONES PRI- 
 usquam exprimatur super qua re fieri decet 
 citatio. Summonses or citations should not 
 be granted before it is expressed upon what 
 ground a citation ought to be issued. 12 
 Coke, 47. 
 
 NON CONCESSIT (Lat. he did not grant). 
 In English law. The name of a plea by 
 which the defendant denies that the crown 
 granted to the plaintiff by letters patent 
 the rights which he claims as a concession 
 from the ^ing; as, for example, when a 
 plaintiff sues another for the infringement 
 of his patent right, the defendant may 
 deny that the crown has granted him such 
 a right. 
 
 It does not deny the grant of a patent, 
 but of the patent as described in the plain- 
 tiff's declaration. 3 Burrows, 1544; 6 
 Coke, 15b. 
 
 NON CONSENTIT QUI ERRAT. He who 
 errs does not consent. 1 Bouv. Inst, note 
 581; Bracton, 44. 
 
 NON CONSTAT (Lat. it does not appear). 
 Words frequently used, particularly in 
 argument, to express dissatisfaction with 
 the conclusions of the other party; as, it 
 was moved in arrest of judgment that the 
 declaration was not good, because non con- 
 stat whether A. B. was seventeen years of 
 age when the action was commenced. 
 Swinb. pt. 4, § 22, p. 331. 
 
 NON CULPABILIS (Lat.) In pleading. 
 Not guilty. It is usually abbreviated non 
 cul. 16 Viner, Abr. 1; 2 Gabbett, Crim. 
 Law, 317. 
 
 NON DAMNIFICATUS (Lat. not Injured). 
 In pleading. A plea to an action of debt 
 on a bond of indemnity, by which the de- 
 fendant asserts that the plaintiff has re- 
 ceived no damage. 1 Bos. & P. 640, note 
 (a); 1 Taunt. 428; 1 Saund. 116, note 1; 
 2 Saund. 81; 7 Wentw. PI. 615, 616; 1 H. 
 Bl. 253; 2 Lilly, Abr. 224; 14 Johns. (N. 
 Y.) 177; 5 Johns. (N. Y.) 42; 20 Johns. 
 (N. Y.) 158, 3 Cow. (N. Y.) 313; 10 
 Wheat. (U. S.) 396, 405; 3 Halst. (N. 
 J.) 1. 
 
 NON DAT QUI NON HABET. He gives 
 nothing who has nothing. Broom, Leg. 
 Max. (3d London Ed.) 417. 
 
 NON DEBEO MELIORIS CONDITIONIS 
 esse, quam auctor meus a quo Jus in me 
 transit. I ought not to be in better condi- 
 tion than he to whose rights I succeed. Dig. 
 50. 17. 175. 1. 
 
 NON DEBET ADDUCI EXCEPTIO EJUS 
 rei cujus petitur dissolutio, A plea of the 
 same matter the dissolution of which is 
 sought ought not to be made. Bac. Max. 
 reg. 2; Broom, Leg. Max. (3d London Ed.) 
 157; 3 P. Wms. 317; 1 Ld. Raym. 57; 2 
 Ld. Raym. 1433. 
 
 NON DEBET ALII NOCERE, QUOD IN- 
 ter alios actum est. A person ought not to 
 be prejudiced by what has been done be- 
 tween others. Dig. 12. 2. 10. 
 
 NON DEBET ALTERI PER ALTERUM 
 iniqua conditio inferri. A burdensome con- 
 dition ought not to be brought upon one 
 man by the act of another. Dig. 50. 17. 74. 
 
 NON DEBET, CUI PLUS LICET, QUOD 
 minus est, non licere. He who is permitted 
 to do the greater may vdth greater reason 
 do the less. Dig. 50. 17. 21; Broom, Leg. 
 Max. (3d London Ed.) 165. 
 
 NON DEBET DICI TENDERE IN PRAE- 
 Judicium ecclesiasticae libertatis quod pro 
 rege et republica necessarium videtur. That 
 which seems necessary for the king and the 
 state ought not to be said to tend to the 
 prejudice of spiritual liberty. 2 Inst. 625. 
 
 NON DEBET ACTORI LICERE, QUOD 
 reo non permittitur. That which is not per- 
 mitted to the defendant ought not to be to 
 the plaintiff. Dig. 50. 17. 41. 
 
 NON DECET HOMINES DEDERE CAUSA 
 
 non cognita. It is unbecoming to surrender 
 men when no cause is shown. 4 Johns. Ch. 
 (N. Y.) 106, 114; 3 Wheeler, Cr. R. (N. Y.) 
 473, 482. 
 
 NON DECIPITUR QUI SCIT SE DEC4PI. 
 
 He is not deceived who knows himself to be 
 deceived. 5 Coke, 60. 
 
 NON DEDIT. In pleading. The general is- 
 sue in formedon. See "Ne Dona Pas, Non 
 Debit." 
 
 NON DEFINITUR IN JURE QUID SIT 
 conatus. What an attempt is, is not defined 
 in law. 6 Coke, 42. 
 
 NON DEMISIT (Lat. he did not demise).' 
 In pleading. A plea proper to be pleadedto 
 an action of debt for rent, when the plain- 
 tiff declares on a parol lease. Gilb. Debt, 
 436, 438; Duller, N. P. 177; 1 Chit. PL 
 477. 
 
 It cannot be pleaded when the demise is 
 stated to have been by indenture. 12 Viner, 
 Abr. 178; Comyn, Dig. "Pleader" (2 W. 
 48). 
 
 NON DETINET (Lat. he does not detain). 
 In pleading. The general issue in an action 
 of detinue. Its form is as follows: "And 
 
NON DIPFERUNT QUAE 
 
 699 
 
 NON IMPEDIT CLAUSULA 
 
 the said C. D., by E. F., his attorney, comes 
 and defends the wrong and injury, when, 
 etc., and says that he does not detain the 
 said goods and chattels (or "deeds and 
 writings," according to the subject of the 
 action) in the said declaration specified, or 
 any part thereof, in manner and form as 
 the said A. B. hath above complained. And 
 of this the said C. D. puts himself upon 
 the country." 
 
 NON DIFFERUNT QUAE CONCORDANT 
 re, tametsi non in verbis iisdam. Those 
 things which agree in substance, though 
 not in the same words, do not differ. Jenk. 
 Cent. Cas. 70. 
 
 NON DUBITATUR, ETSl SPECIALITER 
 venditor evictionem non promlserit, re evic- 
 ta, ex empto competere actionem. It is cer- 
 tain that, although the vendor has not 
 given a special guaranty, an action ex 
 empto lies against him, if the purchaser is 
 evicted. Code, 8. 45. 6. But see Doctor & 
 Stud. bk. 2, c. 47; Broom, Leg. Max. (3d 
 London Ed.) 690. 
 
 NON EFFICIT AFFECTUS NISI SEQUA- 
 tur effectus. The Intention amounts to noth- 
 ing unless some effect follows. 1 Rolle, 226. 
 
 NON ERIT ALIA LEX ROMAE, ALIA 
 Athenis; alia nunc, aiia posthac; sed et 
 omnes gentes, et omni tempore, una iex, et 
 sempiterna, et immortaiis continebit. There 
 will not be one law at Rome, another at 
 Athens; one law now, another hereafter; 
 but one eternal and immortal law shall bind 
 together all nations throughout all time. 
 Cicero, Frag, de Repub. lib. 3; 3 Kent, 
 Comm. 1. 
 
 NON EST ARCTIUS VlNCULUiVI INTER 
 homines quam jusjurandum. There is no 
 stronger link among men than an oath. 
 Jenk. Cent. Cas. 126. 
 
 NON EST CERTANDUiVI DE REGULIS 
 juris. There is no disputing about rules of 
 law. 
 
 NON EST CONSONUIVI RATIONI, QUOD 
 cognitio accessorii in curia christianitatis 
 impediatur, ubi cognitio causae principalis 
 ad forum ecclesiasticum noscitur pertinere. 
 It is unreasonable that the cognizance of an 
 accessory matter should be impeded in an 
 ecclesiastical court, when the cognizance of 
 the principal cause is admitted to appertain 
 to an ecclesiastical court. 12 Coke, 65. 
 
 NON EST DISPUTANDUM CONTRA 
 principia negantem. There is no disputing 
 against a man denying principles. Co. Litt. 
 343. 
 
 NON EST FACTUIVI (Lat. is not his deed). 
 In pleading. A plea to an action of debt on 
 a bond or other specialty. 
 
 Its form is : "And the said C. D., by E. 
 F., his attorney, comes and defends the 
 wrong and injury, when, etc., and says that 
 the said supposed writing obligatory (or 
 
 "indenture," or "articles of agreement," 
 according to the subject of the action) is 
 not his deed. And of this he puts himself 
 upon the country." 6 Rand. (Va.) 86; 1 
 Litt. (Ky.) 158. 
 
 NON EST INVENTUS (Lat. I have not 
 found him). In practice. The sheriff's 
 return to a writ requiring him to arrest the 
 person of the defendant, which signifies 
 that he is not to be found within his juris- 
 diction. The return is usually abbreviated 
 N. E. I. Chit. Prac. 
 
 NON EST JUSTUM ALIQUEM ANTENA- 
 tum post mortem facere bastardum, qui toto 
 tempore vitae suae pro legitimo habebatur. 
 It is not just to make an elder born a bas- 
 tard after his death, who during his life- 
 time was accounted legitimate. 12 Coke, 
 44. 
 
 NON EST NOVUM UT PRIORES LEGIS 
 ad forum ecclesiasticum noscitur pertinere. 
 thing that prior statutes shall give place 
 to later ones. Dig. 1. 3. 26; Id. 1. 1. 4; 
 Broom, Leg. Max. (3d London Ed.) 27. 
 
 NON EST RECEDENDUIVI A COMIVIUNI 
 observanti. There should be no departure 
 from a common observance. 2 Coke, 74. 
 
 NON EST REGULA QUIN FALLAT. 
 There is no rule but what may fail. Off. 
 Exec. 212. 
 
 NON EST SINGULIS CONCEDENDUM, 
 quod per magistratum publice possit fieri, ne 
 occasio sit majoris tumultus faciendi. That 
 is not to be conceded to private persons 
 which can be publicly done by the magis- 
 trate, lest it be the occasion of greater tu- 
 mults. Dig. 50. 17. 176. 
 
 NON EX OPINIONIBUS SINGULORUM, 
 sed ex communi usu, nomina exaudiri de- 
 bent. Names of things ought to be under- 
 stood according to common usage, not ac- 
 cording to the opinions of individuals. Dig. 
 33. 10. 7. 2. 
 
 NON FACIES IVIALUIVI, UT INDE VE- 
 niat bonum. You are not to do evil that 
 good may come of it. 11 Coke, 74a. 
 
 NON FECIT (Lat. he did not make it). 
 The name of a plea, for example, in an 
 action of assumpsit on a promissory note. 3 
 Man. & G. 446. 
 
 NON FECIT VASTUIVI CONTRA PROHI- 
 bitionem (Lat. he did not commit waste 
 against the prohibition). In pleading. The 
 name of a plea to an action founded on a 
 writ of estrepement, that the defendant 
 did not commit waste contrary to the pro- 
 hibition. 3 Bl. Comm. 226, 227. 
 
 NON IMPEDIT CLAUSULA DEROGATO- 
 ria, quo minus ab eadem potestate res dis- 
 solvantur a quibus constituuntur. A deroga- 
 tory clause does not prevent things or acts 
 from being dissolved by the same power 
 
NON IMPEDIVIT 
 
 700 
 
 NON OMITTAS 
 
 by which they were originally made. 
 Max. reg. 19. 
 
 Bac. 
 
 NON IMPEDIVIT (Lat. he did not im- 
 pede). In pleading. The plea of the gen- 
 eral issue in quare impedit. 3 "Bl. Comm. 
 305; 3 Wooddeson, Lect. 36. In law 
 French, ne disturba pas. 
 
 NON IMPLACITANDO ALIQUEM DE 
 llbero tenemento sine brevi. A writ to pro- 
 hibit bailiffs, etc., from distraining or im- 
 pleading any man touching his freehold 
 without the king's writ. Reg. Orig. 171. 
 
 NON IN LEGENDO SED IN INTELLI- 
 gendo leges consistunt. The laws consist 
 not in being read, but in being understood- 
 8 Coke, 167. 
 
 NON INFREGIT CONVENTIONEM (Lat. 
 he has not broken the covenant) . In plead- 
 ing. _A plea in an action of covenant. This 
 plea is not a general issue ; it merely denies 
 that the defendant has broken the cove- 
 nants on which he is sued. It being in the 
 negative, it cannot be used where the 
 breach is also in the negative. Bac. Abr. 
 "Covenant" (L) ; 3 Lev. 19; 2 Taunt. 278; 
 1 Aik. (Vt.) 150; 4 Dall. (Pa.) 436; 7 
 Cow. (N. Y.) 71. 
 
 NON INTERFUI. I was not present. A 
 reporter's note. T. Jones, 10. 
 
 NON INTROMITTANT CLAUSE. In Eng- 
 lish law. A clause of a charter of a munic- 
 ipal borough, whereby the borough is ex- 
 empted from the jurisdiction of the justices 
 of the peace for the county. 
 
 NON INTROMITTENDO, QUANDO BRE- 
 ve praecipe in capite subdole impetratur. A 
 writ addressed to the justices of the bench, 
 or in eyre, commanding them not to give 
 one who, under color of entitling the king 
 to land, etc., as holding of him in capite, 
 had deceitfully obtained the writ called 
 "praecipe in capite," any benefit thereof, 
 but to put him to his writ of right. Reg. 
 Orig. 4. 
 
 NON JURIDICUS. Not judicial. See 
 "Dies Non." 
 
 NON JUS EX REGULA, SED REGULA 
 
 ex jure. The law does not arise from the 
 rule, or maxim, but the rule from the law. 
 Tray. Lat. Max. 384. 
 
 NON JUS, SED SEISINA FACIT STIPI- 
 tem. Not right, but seisin, makes a stock 
 from which the inheritance must descend. 
 Fleta, lib. 6. cc. 14, 2, § 2; Noy, Max. (9th 
 Ed.) 72, note (b) ; Broom, Leg. Max. (3d 
 London Ed.) 466; 2 Bl. Comm. 209; 1 
 Steph. Comm. 365, 368, 394; 4 Kent, Comm. 
 383, 389; 4 Scott, N. R. 468. 
 
 NON LICET QUOD DISPENDIO LICET. 
 
 That which is permitted only at a loss is 
 not permitted to be done. Co. Litt. 127. 
 
 NON LIQUET (Lat. it is not clear). In 
 civil law. Words by which the judges (jm- 
 dices) in a Roman trial were accustomed to 
 free themselves from the necessity of de- 
 ciding a cajise when the rights of the par- 
 ties were dpubtful. On the tablets which 
 were given/t^ the judges wherewith to in- 
 dicate their judgment, was written "N. L." 
 Vicat. 
 
 NON MERCHANDIZANDA VICTUALIA. 
 
 An ancient writ addressed to justices of as- 
 size, to inquire whether the magistrates of 
 a town sold victuals in gross or by retail 
 during the time of their being in office, 
 which was contrary to an obsolete statute; 
 and to punish them if they did. Reg. Orig. 
 184. 
 
 NON MOLESTANDO. A writ that lay tor 
 a person who was molested contrary to the 
 king's protection granted to him. Reg. 
 Orig. 184. 
 
 NON NASCI, ET NATUM MORI, PARIA 
 
 sunt. Not to be born, and to bfe dead bom, 
 are the same. 
 
 NON OBLIGAT LEX NISI PROMUL- 
 
 gata. A law is not obligatory unless it be 
 promulgated. 
 
 NON OBSERVATA FORMA, INFERTUR 
 adnullatio actus. When the form is not ob- 
 served, it is inferred that the act is an- 
 nulled. 12 Coke, 7. 
 
 NON OBSTANTE. In English law. These 
 words, which literally signify "notwith- 
 standing," are used to express the act of 
 the English king by which he dispenses 
 with the law, that is, authorizes its viola- 
 tion. 
 
 He cannot by his license or dispensation 
 make an offense dispunishable which _ is 
 malum in se; but in certain matters which 
 are mala prohibita he may, to certain per- 
 sons and on special occasions, grant a non 
 obstante. Vaughan, 330-359; Lev. 217; Sid. 
 6, 7; 12 Coke, 18; Bac. Abr. 'Treroga- 
 tive" (D 7). See "Judgment." 
 
 NON OBSTANTE VEREDICTO. Notwith- 
 standing the verdict. See "Judgment" 
 
 NON OFFICIT CONATUS NISI SEQUA- 
 tur effectus. An attempt does not harm un- 
 less a consequence follow. 11 Coke, 98. 
 
 NON OMITTAS (Lat. more fully, won 
 omittas propter libertatem, do not omit on 
 account of the liberty or franchise). In 
 practice. A writ which lies when the sheriff 
 returns on writ to him directed, that he 
 hath sent to the bailiff of such a franchise, 
 which hath return of writs, and he hath 
 not served the writ; then the plaintiff shall 
 have this writ directed to the sheriff, that 
 he "omit not on account of any franchise," 
 but himself enter into the franchise, and 
 execute the king's writ. Termes de la Leyi 
 
NON OMNE DAMNUM INDUCIT 
 
 701 
 
 NON SEQUITUR 
 
 This clause is now usually inserted in all 
 processes addressed to sheriffs. Wharton; 
 2 Wm. IV. c. 39; 3 Chit. St. 494; 3 Chit. 
 Prac. 190, 810. 
 
 NON OMNE DAMNUM INDUCIT INJU- 
 riam. Not every loss produces an injury, 
 i. e., gives a right of action. See 3 Bl. 
 Comm. 219; 1 Smith, Lead. Cas. 131; 
 Broom, Leg. Max. 93; 2 Bouv. Inst, note 
 2211, 
 
 NON OMNE QUOD LICET HONESTUM 
 
 est. It Is not everything -which Is permitted 
 that is honorable. Dig. 50. 17. 144. 
 
 NON OMNIUM QUAE A MAJORIBUS 
 nostris constituta sunt ratio reddi potest. A 
 reason cannot always be given for the in- 
 stitutions of our ancestors. 4 Coke, 78; 
 Broom, Leg. Max. (3d London Ed.) 149; 
 Branch, Princ. 
 
 NON PERTINET AD JUD^CEM SECU- 
 larem cognoscere de lis quae sunt mere splr- 
 ituaila annexa. It belongs not to the secu- 
 lar judge to take cognizance of things 
 which are merely spiritual. 2 Inst. 488. 
 
 NON PONENDIS IN ASSISIS ET JURA- 
 tls. A writ formerly granted for freeing and 
 discharging persons from serving on as- 
 sizes and juries. Fitzh. Nat. Brev. 165. 
 
 NON POSSESSORI INCUMBIT NECES- 
 sltas probandl possesslones ad se pertinere. 
 It is not incumbent on the possessor of 
 property to prove his right to his posses- 
 sions. Code, 4. 9. 2; Broom, Leg. Max. 
 (3d London Ed.) 639. 
 
 NON POTEST ADDUCI EXCEPTIO 
 ejusdem rei cujus petitur dissolutlo. A plea 
 of the same matter, the dissolution of which 
 is sought by the action, cannot be brought 
 forward. Bac. Max. reg. 2. When an ac- 
 tion is brought to annul a proceeding, the 
 defendant cannot plead such proceeding in 
 bar. Broom, Leg. Max. (3d London Ed.) 
 154; Wingate, Max. 647; 3 P. Wms. 317. 
 
 NON POTEST PROBARI QUOD PROBA- 
 tum non relevat. That cannot be proved 
 which, proved, is irrelevant. See 1 Exch. 
 91, 92, 102. 
 
 NON POTEST QUIS SINE BREVI 
 
 agere. No one can sue without a writ. Fle- 
 ta, lib. 2, c. 13, § 4. 
 
 NON POTEST REX GRATIAM FACERE 
 cum Injuria et damno aliorum. The king 
 cannot confer a favor which occasions in- 
 jury and loss to others. 3 Inst. 236 ; Broom, 
 Leg. Max. (3d London Ed.) 60; Vaughan, 
 338; 2 El. & Bl. 874. 
 
 NON POTEST REX SUBDITUM RENI- 
 tentem onerare imposltionibus. The king 
 cannot load a subject with imposition 
 against his consent. 2 Inst. 61. 
 
 NON POTEST VIDERI DESISSE HA- 
 bere, qui nunquam habult. He cannot be 
 
 considered as having ceased to have a 
 thing, who never had it. Dig. 50. 17. 208. 
 
 NON PRAESTAT IMPEDIMENTUM 
 quod de Jure non sortitur effectum. A thing 
 which has no effect in law is not an impedi- 
 ment. Jenk. Cent. Cas. 162; Wingate, Max. 
 727. 
 
 NON PROS. An abbreviation of non pro- 
 sequitur, he does not pursue. Where the 
 plaintiff, at any stage of the proceedings, 
 fails to prosecute his action, or any part 
 of it, in due time, the defendant enters 
 non prosequitur, and signs final judgment, 
 and obtains costs against the plaintiff, who 
 is said to be non pros'd. 2 Archb. Prac. 
 (Chit. Ed.) 1409; 3 Bl. Comm. 296; 1 
 Tidd. Prac. 458; Graham, Prac. 763; 3 
 Chit. Prac. 10; 1 Penn. Prac. 84; Caines 
 Prac. 102. The name non pros, is applied 
 to the judgment so rendered against the 
 plaintiff. 1 Sellon, Prac, and authorities 
 above cited. 
 
 NON QUOD DICTUM EST, SED QUOD 
 factum est, insplcitur. Not what is said, but 
 what is done, is to be regarded. Co. Litt. 
 36; 6 Bing. 310; 1 Mete. (Mass.) 353; 11 
 Cush. (Mass.) 536. 
 
 NON REFERT AN QUIS ASSENSUM 
 suum praefert verbis, an rebus ipsis et fac- 
 tls. It is immaterial whether a man gives 
 his assent by words or by acts and deeds. 
 10 Coke, 52. 
 
 NON REFERT QUID EX AEQUIPOL- 
 
 lentibus flat. It matters not what becomes 
 of equipollent expressions. 5 Coke, 122. 
 
 NON REFERT QUID NOTUM SIT JUDI- 
 ci, si notum non sit in forma Judicii. It mat- 
 ters not what is known to the judge, if it is 
 not known to him judicially. 3 Bulst. 115. 
 
 NON REFERT VERBIS AN FACTIS FIT 
 revocatio. It matters not whether a revoca- 
 tion be by words or by acts. Cro. Car. 49; 
 Branch, Princ. 
 
 NON REMOTA CAUSA SED PROXIMA 
 spectatur. See "Causa Proxima, etc". 
 
 NON RESPONDEBIT MINOR, NISI IN 
 causa dotis, et hoc pro favore doti. A minor 
 shall not answer unless in a case of dower, 
 and this in favor of dower. 4 Coke, 71. 
 
 NON REUS NISI MENS SIT REA. Not 
 guilty unless the intent be guilty. 1 Story, 
 Cont. (4th Ed.) 87. 
 
 NON SANAE MENTIS (Lat.) Ofiunsound 
 mind. Fleta, lib. 6, c. 40, § 1. 
 
 NON SANE MEMORY. Unsound mem- 
 ory; unsound mind. A term essentially 
 law French. See "Memory." 
 
 NON SEQUITUR (Lat.) It does not fol- 
 low. 
 
NON SOLENT QUAE ABUNDANT 702 
 
 NONAGE 
 
 NON SOLENT QUAE ABUNDANT VITI- 
 are scripturas. Surplusage does not usual- 
 ly vitiate writings. Dig. 50. 17. 94; Broom, 
 Leg. Max. (3d London Ed.) 559, note. 
 
 NON SOLUM QUID LICET, SED QUID 
 est conveniens considerandum, quia nihil 
 quod inconveniens est licitum. Not only 
 what is permitted, but what is convenient, 
 is to be considered, because what is incon- 
 venient is illegal. Co. Litt. 66a. 
 
 NON SOLVENDO PECUNIAM AD, 
 quam clerlcus mulctatur pro non residentia. 
 A writ prohibiting an ordinary to take a 
 pecuniary mulct imposed on a clerk of the 
 sovereign for nonresidence. Reg. Writs. 59. 
 
 NON SUBMISSIT (Lat.) The name of a 
 plea to an action of debt, or a bond to per- 
 form an award, by which the defendant 
 pleads that he did not submit. Bac. Abr. 
 "Arbitration, etc." (G). 
 
 NON SUI JURIS (Lat.) The opposite of 
 sui juris {q. v.) 
 
 NON SUM INFORMATUS. See "Judg- 
 ment." 
 
 NON SUNT LONGA UBI NIHIL EST 
 quod demere possis. There is no prolixity 
 where there is nothing that can be omitted. 
 Vaughan, 138. 
 
 NON TEMERE CREDERE, EST NER- 
 vus sapientae. Not to believe rashly is the 
 nerve of wisdom. 5 Coke, 114. 
 
 NON TENENT INSIMUL. (Lat. they do 
 not hold together). In pleading. A plea to 
 an action in partition, by which the defend- 
 ant denies that he holds the property which 
 is the subject of the suit, together with the 
 complainant or plaintiff. 
 
 NON TENUIT (Lat. he did not hold). In 
 pleading. The name of a plea in bar in re- 
 plevin, when the plaintiff has avowed for 
 rent arrear, by which the plaintiff avows 
 that he did not hold in manner and form as 
 the avowry alleges. 
 
 NON VALEBIT FELONIS GENERATIO, 
 nee ad haereditatem paternam vei mater- 
 nam; si autem ante felonlam generationem 
 fecerit, talis generatio succedit in haeredl- 
 tate patris vei matris a quo non fuerit fe- 
 Ionia perpetrata. The offspring of a felon 
 cannot succeed either to a maternal or pa- 
 ternal inheritance; but, if he had offspring 
 before the felony, such offspring may suc- 
 ceed as to the inheritance of the father or 
 mother by whom the felony was not com- 
 mitted. 3 Coke, 41. 
 
 NON VALENTIA AGERE (Law Lat.) In- 
 ability to sue. 5 Bell, App. Cas. 172. 
 
 NON VALET CONFIRMATIO, NISI 
 ille, qui confirmat, sit In possessionem rel vei 
 Juris unde fieri debe't confirmatio; et eodem 
 mode, nisi Ille cui confirmatio fit sit In 
 possessione. Confirmation is not valid un- 
 
 less he who confirms is either in possession 
 of the thing itself, or of the right of which 
 confirmation is to be made, and, in like 
 manner, unless he to whom confirmation is 
 made is in possession. Co. Litt. 295. 
 
 NON VALET EXCEPTIO EJUSDEM REI 
 cujus petitur dissoiutio. A plea of that of 
 which the dissolution is sought is not valid. 
 2 Eden, 134. 
 
 NON VALET IMPEDIMENTUM QUOD 
 de jure non sortltur effectum. An impedi- 
 ment is of no avail which by law has no 
 effect. 4 Coke, 31a. 
 
 NON VERBIS SED IPSIS REBUS, LE- 
 ges imponimus. Not upon words, but upon 
 things themselves, do we impose law. Code, 
 6. 43. 2. 
 
 NON VIDENTUR QUi ERRANT CON- 
 sentire. He who errs is not considered as 
 consenting. Dig. 50. 17. 116; Broom, Leg. 
 Max. (3d London Ed.) 240; 2 Kent, Comm. 
 477; 14 Ga. 207. 
 
 NON VIDENTUR REM AMITTERE QUI- 
 bus propria non fuit. They are not consid- 
 ered as losing a thing whose own it was 
 not. Dig. 50. 17. 85. 
 
 NON VIDETUR CONSENSUM RETIN- 
 uisse si quis ex praescripto minantis aiiquid 
 immutavit. He does not appear to have re- 
 tained his consent, who has changed any- 
 thing at the command of a party threaten- 
 ing. Bac. Max. reg. 22; Broom, Leg. Max. 
 (3d London Ed.) 254. 
 
 NON VIDETUR PERFECTE CUJUSQUE 
 Id esse, quod ex casu auferri potest. That 
 does not truly belong to any one which can 
 be taken from him upon occasion. Dig. 50. 
 17. 159. 1. 
 
 NON VIDETUR QUISQUAM ID CA- 
 pere, quod ei necesse est aili restituere. 
 One is not considered as acquiring property 
 in a thing which he is bound to restore. 
 Dig. 50. 17. 51. 
 
 NON VIDETUR VIM FACERE, QUI 
 jure suo utitur, et ordinaria actione experl- 
 tur. He is not judged to use force who ex- 
 ercises his own right, and proceeds by 'ordi- 
 nary action. Dig. 50. 17. 155. 1. 
 
 NONACCESS. The nonexistence of sex- 
 ual intercourse between a husband and wife 
 is generally expressed by the words "non- 
 access of the husband to the wife;" which 
 expressions, in a case of bastardy, are 
 understood to mean the same thing. 2 
 Starkie, Ev. 218, note. See "Access." 
 
 NONAGE. By this term is understood 
 that period of life from the birth till the 
 arrival of twenty-one years. In another 
 sense, it means under the proper age to be 
 of ability to do a particular thing; as, when 
 nonage is applied to one under the age of 
 fourteen, who is unable to marry. See 
 "Age." 
 
NONAGIUM 
 
 703 
 
 NOOK OF LAND 
 
 NONAGIUM, or NONAGE. A ninth part 
 of movables which was paid to the clergy 
 on the death of persons in their parish, and 
 claimed on pretense of being distributed to 
 pious uses. Blount. 
 
 NONAPPARENT EASEMENT. A discon- 
 tinuous easement. See "Apparent Ease- 
 ment." 
 
 NONCLAIM. An omission or neglect by 
 one entitled to make a demand within the 
 time limited by law; as, when a continual 
 claim ought to be made, a neglect to make 
 such claim within a year and a day. 
 
 NONCONFORMISTS. In English law. A 
 name given to certain dissenters from the 
 rites and ceremonies of the church of Eng- 
 land. 
 
 NONCONTINUOUS EASEMENT. A non- 
 apparent or discontinuous easement. See 
 "Apparent Easement." 
 
 NONES. In the Roman calendar. The 
 fifth, and, in March, May, July, and Octo- 
 ber the seventh, day of the month. So 
 called because, counting inclusively, they 
 were nine days from the Ides. Adams, 
 Rom. Ant. 355, 357. See "Ides." 
 
 NONFEASANCE. The neglect or failure 
 of a person to do some act which he ought 
 to do. The term is not generally used to 
 denote a breach of contract, but rather the 
 failure to perform a duty towards the 
 public whereby some individual sustains 
 special damage, as where a sheriff fails to 
 execute a writ. 3 Bl. Comm. 165; Broom, 
 Com. Law, 655. 
 
 When a legislative act requires a person 
 to do a thing, its nonfeasance will subject 
 the party to punishment; as, if a statute 
 require the supervisors of the highways to 
 repair such highways, the neglect to repair 
 them may be punished. See 1 Russ. Crimes, 
 48. See also, "Mandate." 
 
 NONISSUABLE PLEAS. Those upon 
 which a decision would not determine the 
 action upon the merits, as a plea in abate- 
 ment. 1 Chit. Archb. Prac. (12th Ed.) 
 249. 
 
 NONJOINDER. Omission of a necessary 
 or proper party. See "Joinder." 
 
 NONJURORS. In English law. Persons 
 who refuse to take the oaths, required by 
 law, to support the government. See 1 
 Ball. (Pa.) 170. 
 
 NONPLEVIN. In old English law. A 
 neglect to replevin land taken into the 
 hands of the king upon default, within fif- 
 teen days, by which seisin was lost, as by 
 default. Heugh. de Magna Charta, c. 8. 
 By 9 Edw. III. c. 2, no man shall lose his 
 land by nonplevin. 
 
 NONRESIDENCE. In ecclesiastical law. 
 The absence of spiritual persons from their 
 benefices. 
 
 NONRESIDENT. A nonresident is one 
 who does not reside in or is not a resident 
 of a particular place. One may be a non- 
 resident of the United States or of a state, 
 or of a county, or of any particular place. 
 169 III. 42, 43; 69 111. App. 423. 
 
 NONRESIDENTIA PRO CLERICO RE- 
 
 gis. A writ, addressed to a bishop, charg- 
 ing him not to molest a clerk employed in 
 the royal service, by reason of his nonresi- 
 dence ; in which case he is to be discharged. 
 Reg. Orig. 58. 
 
 NONSENSE. That which in a written 
 agreement or will is unintelligible, 
 
 NONSUIT. A judgment given against the 
 plaintiff when he is unable to prove his 
 case, or, when he neglects or refuses to pro- 
 ceed to trial, judgment of nonsuit dismisses 
 the action, but does not determine the is- 
 sues. 
 
 Voluntary nonsuit is an abandonment of 
 his cause by the plaintiff either before the 
 trial is commenced, or during the presenta- 
 tion of his case. 
 
 Involuntary nonsuit is judgment of non- 
 suit ordered by the court where plaintiff 
 fails to appear, or where he has given no 
 evidence on which a verdict in his favor 
 could be rendered. 
 
 NONSUMMONS, WAGER OF LAW OF. 
 
 The mode in which a tenant or defendant 
 in a real action pleaded, when the summons 
 which followed the original was not served 
 within the proper time. 31 Eliz. c. 3, § 2; 
 2 Saund. 45. 
 
 NONTENURE. In pleading. A plea in a 
 real action, by which the defendant as- 
 serted that he did not hold the land, or at 
 least some part of it, as mentioned in the 
 plaintiff's declaration (1 Mod. 250) ; in 
 which case the writ abates as to the part 
 with reference to which the plea is sus- 
 tained (8 Cranch [U. S.] 242). It may 
 be pleaded with or without a disclaimer. It 
 was a dilatory plea, though not strictly in 
 abatement (2 Saund. 44, note 4; Dyer, 210; 
 Booth, Real Actions, 179; 3 Mass. 312 1 11 
 Mass. 216), but might be pleaded as to 
 part along with a plea in bar as to the 
 rest (1 Lutw. 716; Rast. Entr. 231a, 231b), 
 and was subsequently considered as a plea 
 in bar (14 Mass. 239; 1 Me. 54; 2 N. H. 
 10; Bac. Abr. "Pleas" [I 9]). 
 
 NONTERM. The vacation between two 
 terms of a court. 
 
 NONTERMINUS. The vacation between 
 term and term, formerly called the time or 
 days of the king's peace. 
 
 NONUSER. Neglect to make use of a 
 franchise, privilege, or right. See 23 Pick. 
 (Mass.) 141. 
 
 NOOK OF LAND (Law Lat. noka, or 
 nocata terrae) . In old records. A measure 
 or description of land, of uncertain quan- 
 
NOON 
 
 704 
 
 NOTARIAL 
 
 tity. Blount observes that he had seen an 
 old deed of Sir Walter de Pedwardyn, 
 wherein twelve acres and a half were 
 granted for a noke of land, but he thought 
 the quantity was not certain. 
 
 NOON. The middle of the day, the time 
 when the sun is in the meridian, and is 
 to be determined by mean sun time, and 
 not by arbitrary standard time, in the ab- 
 sence of any evidence that standard time 
 was intended. 110 Iowa 75. 
 
 NORTH. Unless qualified or controlled 
 by other words, "north" means due north. 
 96 Cal. 508. 
 
 NORTHAMPTON TABLES> Longevity 
 and annuity tables compiled from bills of 
 mortality kept in All Saints Parish, Eng- 
 land, in 1735-1780. 
 
 NOSAUNCE, Noysaunee. L. Fr. (from 
 noier, or nuire, to hurt). A nuisance; an 
 act done by one to the injury of another's 
 freehold; an act by which a person is pre- 
 vented from enjoying his tenement as con- 
 veniently or freely as he ought to do. 
 Britt. c. 61. 
 
 NOSCITUR A SOCIIS. It is known from 
 its associates. The meaning of a word may 
 be ascertained by reference to the meaning 
 of words associated with it. Broom, Leg. 
 Max. (3d London Ed.) 623; 9 East, 267; 13 
 East, 531; 6 Taunt. 294; 1 Vent. 225; 1 
 Barn. & C. 644; Arg. 10 Barn. & C. 496, 
 519; 18 C. B. 102, 893; 5 Man. & G. 639, 
 667; 3 C. B. 437; 5 C. B. 380; 4 Exch. 511, 
 519; 5 Exch. 294; 11 Exch. 113; 3 Term R. 
 87; 8 Term R. 118; 1 N. Y. 47, 69; 11 
 Barb. (N. Y.) 43, 63; 20 Barb. (N. Y.) 644. 
 
 NOSCITUR EX SOCIO, QUI NON COG- 
 noscitur ex se. He who cannot be known 
 from himself may be known from his asso- 
 ciate. P. Moore, 817; 1 Vent. 225; 3 Term 
 R. 87; 9 East, 267; 13 East, 531; 6 Taunt. 
 294; 1 Barn. & C. 644. 
 
 NOSOCOMI. In civil law. Persons who 
 have the management and care of hospitals 
 for paupers. Clef Lois Rom. mot "Admin-, 
 istrateurs," 
 
 NOT FOUND. Words indorsed on a bill 
 of indictment by a grand jury, when they 
 have not sufficient evidence to find a true 
 bill. See "Ignoramus." 
 
 NOT GUILTY. 
 
 In Pleading. The general issue in 
 
 several sorts of actions of tort. 
 
 In Criminal Law. The general trav- 
 erse of the accusation by the accuse'd.. 
 
 NOT POSSESSED. In pleading. A plea 
 sometimes u^ed in actions of trover, when 
 the defendant was not possessed of the 
 goods at the commencement of the action. 
 3 Man. & G. 101, 103. 
 
 NOT PROVEN. In Scotch criminal law. 
 It is a peculiarity of the Scotch jury system 
 in criminal trials that it admits a verdict of 
 "Not proven," corresponding to the Non 
 liquet of the Roman law. The legal effect 
 of this is equivalent to "Not guilty;" for a 
 prisoner in whose case it is pronounced can- 
 not be tried again. According to the homely 
 but expressive maxim of the law, no man 
 can be made to thole an assize twice. But, 
 although the verdict of "Not proven" is 
 so far tantamount to an acquittal that the 
 party cannot be tried a second time, it falls 
 very far short of it with regard to the ef- 
 fect upon his reputation and character. 
 He goes away from the bar of the court 
 with an indelible stigma upon his fame. 
 There stands recorded against him the 
 opinion of a jury that the evidence re- 
 specting his guilt was so strong that they ■ 
 did not dare to pronounce a verdict of 
 acquittal. So that many, of the evil con- 
 sequences of a conviction follow, although 
 the jury refuses to convict. When Sir 
 Nicholas Throckmorton was tried and ac- 
 quitted by an English jury in 1554, he said: 
 "It is better to be tried than to live sus- 
 pected." But in Scotland a man may be 
 not only tried, but acquitted, and yet live 
 suspected, owing to the sinister influence 
 of a verdict of "Not proven." Forsyth, 
 Hist. Trial by Jury, 334-339. 
 
 NOTA (Lat.) 
 
 In Civil Law. A mark or brand put 
 upon a person by the law. 1 Mackeld. Civ. 
 Law, 134, 135. 
 
 In Old English Conveyancing. A note 
 
 or memorandum of a charter or deed, drawn 
 up preparatory to the execution of the char- 
 ter itself. Si autem dicant testes quod prae- 
 sentes fuerint confectioni notae in quam 
 utraque pars consentit, donator et donatori- 
 us, hoc sufficit ad probationem, licet prae- 
 sentes non essent ubi charta scripta fuit et 
 assignata [sigyiata']. But if the witnesses 
 say that they were present at the making 
 of the note, to which each party agreed, 
 donor and donee, this is sufficient for proof, 
 though they were not present when the 
 charter was written and sealed. Bracton, 
 fol. 398; Fleta, lib. 6, c. 34, § 2. 
 
 A promissory note. 11 Mod. 340. 
 
 NOTAE (Lat.) In civil and old European 
 law. Shorthand characters or marks of con- 
 traction, in which one person wrote what 
 was said by another, or in which the em- 
 perors' secretaries took down what they dic- 
 tated. Spelman; Calv. Lex. See "Notari- 
 us." 
 
 NOTARE INFAIMIA (Lat.) In the civil 
 law. To mark or brand with infamy, or 
 disgrace. Dig. 3. 2. For a descHption of 
 the persons who were so branded (de his 
 qui notantur infamia), see Id. 
 
 NOTARIAL. Belonging to a notary; 
 made or done by a notary. 
 
NOTARIUS 
 
 705 
 
 NOTICE TO PLEAD 
 
 NOTARIUS. 
 
 In Civil Law. One who took notes or 
 
 draughts in shorehand of what was said by 
 another, or of proceedings in the senate or 
 in a court. One who draughted written 
 instruments, wills, conveyances, etc. Vicat; 
 Calv. Lex. 
 
 In English Law. A notary. Law Fr. 
 
 & Lat. Diet.; Cowell. 
 
 NOTARY, or NOTARY PUBLIC. An offi- 
 cer appointed by the executive or other ap- 
 pointing power, under the laws of different 
 states, having power generally to attest 
 writings for the purpose of establishing 
 their authenticity, to administer oaths, etc. 
 
 NOTATION. In English probate practice, 
 notation is the act of making a memo- 
 randum of some special circumstance on a 
 probate or letters of administration. Thus, 
 where a grant is made for the whole person- 
 al estate of the deceased within the United 
 Kingdom, which can only be done in the 
 case of a person dying domiciled in Eng- 
 land, the fact of his having been so domi- 
 ciled is noted on the grant. Coote, Prob. 
 Prac. 36. 
 
 NOTE OF A FINE. The fourth step of 
 the proceedings in acknowledging a fine, 
 which is only an abstract of the writ of 
 covenant and the concord, naming the par- 
 ties, the parcel of land, and the agreement, 
 and enrolled of record in the proper office. 
 2 Bl. Comm. 351, Append, note iv. § 3; 1 
 Steph. Comm. 618. 
 
 NOTE OF ALLOWANCE. This was a 
 note delivered by a master to a party to a 
 cause, who alleged that there was error in 
 law in the record and proceedings, allowing 
 him to bring error. See Com. Law Prac. 
 Act 1852, § 149. 
 
 NOTE OF HAND. A popular name for a 
 promissory note. 
 
 NOTE OF PROTEST. A note or minute 
 of the protest, made by the notary, at time 
 of protest on the bill, to be completed or 
 filled out at his leisure. Byles, Bills (5th 
 Ed.) 9. 
 
 NOTE OR MEMORANDUM. No form of 
 language used in a writing is necessary in 
 order to comply with the Statute of Frauds, 
 requiring some "note or memorandum" as 
 evidence of a contract not in writing, pro- 
 vided that from the writing the intention 
 may be gathered, and any writing from a 
 solemn deed down to hasty notes or memo- 
 randa in books, papers, or letters will sat- 
 isfy the statute, provided that the writing 
 contains on its face or by reference to other 
 writings, the names of the parties, a de- 
 scription of the property, sufficient for its 
 identification, together with the terms, con- 
 ditions and consideration. 209 111. 478. 
 
 NOTHUS (Lat.) A natural child, or a 
 person of spurious birth. 
 
 NOTICE. Information, whether actual or 
 presumptive, and whether direct or indirect, 
 respecting a matter of fact. 
 
 Notice is either (1) actual, consisting of 
 information actually received, or (2) con- 
 structive, consisting of facts which, by im- 
 plication of law, constitute notice without 
 regard to whether they actually impart in- 
 formation. 
 
 Actual notice is either (a) express, con- 
 sisting of direct positive knowledge of the 
 fact in question, or (b) implied, consisting 
 of information sufficient to put one on in- 
 quiry as to the fact in question. 
 
 "Notice" is a broader term than "knowl- 
 edge," which includes only express actual 
 notice. 81 Ala. 140; 79 Me. 195. 
 
 NOTICE OF APPEARANCE. A notice by 
 defendant to plaintiff that he appears in 
 the action, or by an attorney that he ap- 
 pears for defendant. See "Appearance." 
 
 NOTICE OF DISHONOR. A notice given 
 to a drawer or indorser of a bill, or an in- 
 dorser of a negotiable note, by a subsequent 
 party, that it has been dishonored either by 
 nonacceptance in the case of a bill, or by 
 nonpayment in the case of an accepted bill 
 or a note. 
 
 NOTICE OF JUDGMENT. A written no- 
 tice of the entry of judgment required in 
 some states to be given to the judgment 
 debtor to start the running of time to ap- 
 peal. 
 
 NOTICE OF LIS PENDENS. See "Lis 
 Pendens." 
 
 NOTICE OF MOTION. A notice in writ- 
 ing to the adverse party to an action that a 
 specified motion will be made at a time stat- 
 ed. 
 
 NOTICE OF PROTEST. A notice given 
 to the drawer or indorser of a bill, or to an 
 indorser of a note, by a prior party, that 
 the bill has been protested for refusal of 
 payment or acceptance. See "Notice of 
 Dishonor." 
 
 NOTICE OF TRIAL. A notice by one par- 
 ty to his adversary that he will bring the 
 cause on for trial at the next term of court. 
 
 NOTICE TO ADMIT. In the practice of 
 the English high court, either party to an 
 action may call on the other party by notice 
 to admit the existence and execution of any 
 document, in order to save the expense of 
 proving it at the trial; and the party refus- 
 ing to admit must bear the costs of proving 
 it unless the judge certifies that the refusal 
 to admit was reasonable. No costs of prov- 
 ing a document will in general be allowed, 
 unless such a notice is given. Rules of 
 Court, xxxii. 2. 
 
 NOTICE TO PLEAD. Written notice to 
 defendant, requiring him to plead within 
 a certain time. It must always be given be- 
 fore plaintiff can sign judgment for want 
 
NOTICE TO PRODUCE PAPERS 
 
 706 
 
 NOVATION 
 
 of a plea. 1 Chit. Archb. Prac. (Prent. Ed.) 
 221. Notice to plead, indorsed on the decla- 
 ration, or delivered separately, is sufficient 
 without demanding plea or rule to plead, in 
 England, by statute. See 3 Chit. St. 515. 
 
 NOTICE TO PRODUCE PAPERS. In 
 
 practice. When it is intended to give 
 secondary evidence of a -written instrument 
 or paper which is in the possession , of the 
 opposite party, it is in general, requisite to 
 give him notice to produce the same on the 
 trial of the cause, before such secondary 
 evidence can be admitted. 
 
 NOTICE TO QUIT. A request by a land- 
 lord to his tenant to quit the leased prem- 
 ises, and give possession thereof to the land- 
 lord at a time therein mentioned. 3 Wend. 
 (N. Y.) 357; 7 Halst. (N. J.) 99. 
 
 NOTING. A term denoting the act of a 
 notary in minuting on a bill of exchange, 
 after it has been presented for acceptance 
 or payment, the initials of his name, the date 
 of the day, month, and year when such pre- 
 sentment was made, and the reason, if any 
 has been assigned, for nonacceptance or 
 nonpayment, together with his charge. The 
 noting is not indispensable, it being only a 
 part of the protest; it will not supply the 
 protest. 4 Term R. 175. 
 
 NOT 10 (Lat. from ?ioscere, to know) . In 
 the civil law. The power of hearing and 
 trying a matter of fact; the power or au- 
 thority of a judex; the poWer of hearing 
 causes and of pronouncing sentence, with- 
 out any degree of jurisdiction. Halifax, 
 Anal. bk. 3, c. 8, Nos. 3, 6; Calv. Lex. 
 
 In a more general sense, notio included 
 both cognitio (cognizance) and jurisdictio 
 (jurisdiction). Dig. 50. 16. 99, pr.; Calv. 
 Lex. 
 
 NOTITIA (Lat. from notus, known, or 
 noscere, to know) . In the civil law. Knowl- 
 edge; information; intelligence. 
 
 In Old Practice. Notice. Inde nott- 
 
 tiam habuit, had notice thereof. 1 Ld. 
 Raym. 70, 70. Notitia non debet claudicare, 
 notice ought not to be lame or imperfect. 
 6 Coke, 29b. 
 
 NOTITIA DICITUR A NOSCENDO; ET 
 
 notitia non debet claudicare. Notice is 
 called from a knowledge being had; and 
 notice ought not to halt, i. e., be imperfect. 
 6 Coke, 29. 
 
 NOTORIAL. The Scotch form of "nota- 
 rial" (q. v.). Bell, Diet. 
 
 NOTORIOUS. Primarily "notorious" means 
 "generally known and talked of by the pub- 
 lic." 151 Mass. 426. 
 
 NOTOUR. In Scotch law. Open; notori- 
 ous. A notour bankrupt is a debtor who, 
 being under diligence by horning and cap- 
 tion of his creditor, retires to sanctuary, or 
 absconds, or defends by force, and is after- 
 
 wards found insolvent by court of sessions. 
 Bell, Diet.; Burton, Law of Scotland, 601. 
 
 NOVA CONSTITUTIO FUTURIS FOR- 
 mam imponere debet, non praeteritis. A 
 new enactment ought to impose form upon 
 what is to come, not upon what is past. 2 
 Inst. 292; Broom, Leg. Max. (3d London 
 Ed.) 33, 36; T. Jones, 108; 2 Show. 16; 6 
 Mees. & W. 285; 7 Mees. & W. 536; 2 Mass. 
 122, 2 Gall. (U. S.) 139; 2 N. Y. 245; 7 
 Johns. (N. Y.) 503 et seq., — ^where this rule 
 is fully considered and the authorities re- 
 viewed. 
 
 NOVA CUSTOMA. An imposition or du- 
 ty. See "Antiqua Custuma." 
 
 NOVA STATUTA. New statutes. A term 
 including all statutes passed in the reign of 
 Edw. III. and subsequently. 
 
 NOVAE NARRATION ES. "New counts 
 or tallys." A book of such pleadings as were 
 then in use, published in the reign of Edw. 
 III. 3 Bl. Comm. 297; 3 Reeve, Hist. Eng. 
 Law, 151. 
 
 NOVALE (Lat.) Land newly ploughed, 
 or that had not been tilled before within the 
 memory of man. Cowell; Spelman. 
 
 NOVALIS (Lat. from novus, new). In 
 the civil law. Land that rested a year after 
 the first ploughing. Dig. 50. 16. 30. 2. 
 
 NOVATIO (Lat. from novare, to make 
 new, from novus, new). In the civil law. 
 Literally, a making new. A change of a 
 former debt or obligation into another of the 
 same or a different kind, either by a change 
 of the persons, called delegatio, or by a 
 change in the obligation, the persons con- 
 tinuing the same. Inst. 3. 30. 3; Dig. 46. 
 2; Code, 8. 42; Halifax, Anal. bk. 2, c. 20, 
 No. 8; Heinec. Elem. Jur. Civ. lib. 3, tit. 30, 
 § 1011 et seq. This term, translated or eon- 
 verted into "novation," is extensively used 
 in modern civil law, and in the jurispru- 
 dence of Holland, Spain, France, Scotland, 
 and the state of Louisiana. Burge, Sur. 
 166. Called in Fleta, innovatio. Fleta, lib. 
 2, c. 60, § 12. See "Novation." 
 
 NOVATIO NON PRAESUMITUR. A no- 
 vation is not presumed. Halk. Max. 104. 
 
 NOVATION. The substitution of a new 
 obligation for an old, which is thereby ex- 
 tinguished. 57 Wis. 534. The term Is of 
 civil law origin, and is rarely used in the 
 common law. 
 
 Novation is of three sorts: 
 
 (1) Where the debtor and creditor re- 
 main the same, but a new debt takes the 
 place of the old one. Here, either the sub- 
 ject matter of the debt may be changed, or 
 the conditions of time, place, etc., of pay- 
 ment. 
 
 (2) Where the debt remains the same, 
 but a new debtor is substituted for the old. 
 This novation may be made without the in- 
 
NOVEL ASSIGNMENT 
 
 707 
 
 NOXA 
 
 tervention or privity of the old debtor (in 
 this case the new agreement is called ex- 
 promissio, and the new debtor ex'promissor) , 
 or by the debtor's transmission of his debt to 
 another, who accepts the obligation, and is 
 himself accepted by the creditor. This 
 transaction is called delegatio. Domat lays 
 down the essential distinction between a 
 delegation and any other novation, thus: 
 That the former demands the consent of all 
 three parties, but the latter that only of 
 the two parties to the new debt. 
 
 (3) Where the debt remains the same, but 
 a new creditor is substituted for the old. 
 This also is called delegatio, for the reason 
 adduced above, to wit, that all three parties 
 must assent to the new bargain. It differs 
 from the cessio nominis of the civil law 
 by completely cancelling the old debt, while 
 the cessio nominis leaves the creditor a 
 claim for any balance due after assignment. 
 See Civ. Code Cal. §§ 1530, 1532. 
 
 To constitute a novation there must be 
 (1) a valid pre-existing obligation ; (2) con- 
 sent of capable parties; (3) express inten- 
 tion to innovate. 
 
 The release of the old obligation is a suf- 
 ficient consideration. 37 Ohio St, 279. 
 
 NOVEL ASSIGNMENT. See "New As- 
 signment." 
 
 NOVEL DISSEISIN. See "Assize of Nov- 
 el Disseisin." 
 
 NOVELLAE LEON IS. The Ordinances of 
 Emperor Leo, which were made from the 
 year 887 till the year 893, are so called. 
 These Novels changed many rules of the 
 Justinian law. This collection contains one 
 hundred and thirteen Novels, written orig- 
 inally in Greek, and afterwards, in 1560, 
 translated into Latin by Agilaeus. 
 
 NOVELS, or NOVELLAE CONSTITU- 
 tiones. In civil law. The name given to 
 the constitutions or laws of Justinian and 
 his immediate successors, which were pro- 
 mulgated soon after the Code of Justinian. 
 
 It appears to have been the intention of 
 Justinian, after the completion of the second 
 and revised edition of the Code, to supply 
 what had not been foreseen in the preceding 
 laws,, together with any necessary amend- 
 ments or alterations, not by revising the 
 Code, but by supplementary laws. Such 
 laws he promulgated from time to time; but 
 no official compilation of them is known to 
 have been made until after his death, when 
 his laws, one hundred and fifty-nine in num- 
 ber; with those of the reigns of Justin II. 
 and Tiberias, nine in number, were collect- 
 ,ed, together with some local edicts, under 
 this name. They belong to various times be- 
 tween 535 and 565 A. D. 
 
 NOVERINT UNIVERSI PER PRAE- 
 sentes (Law Lat.) Know all men by these 
 presents. Words with which deeds, obliga- 
 tions, letters of attorney, and other instru- 
 ments were formerly commenced. Litt. 
 
 § 445; West, Symb. pars 1, lib. 2, §§ 102, 
 518, 522-525. 
 
 NOVI OPERIS NUNCIATIO (Lat.) In 
 the civil law, A protest against or prohibi- 
 tion of a new work. Where a person began 
 to build up or to pull down something 
 (which was technically called novum opus, a 
 new work) , another person, who feared that 
 his right would be impaired thereby, might 
 extrajudicially hinder the completion of the 
 work, by protesting before the workmen on 
 the spot, or before some one present repre- 
 senting the owner, against the prosecution 
 of the work, and forbidding the same. Dig. 
 39. 1; Id. 43, 24; Code, 8, 11. See "Opus 
 Novum," 
 
 NOVIGILD, In Saxon law, A pecuniary 
 satisfaction for an injury, amounting to 
 nine times the value of the thing for which 
 it was paid. Spelman. 
 
 NOVISIMA RECOPILACION. Span. (Lat- 
 est compilation). The title of a collection 
 of Spanish law compiled by order of Don 
 Carlos IV. in 1805. 1 White's Recop. 355. 
 
 NOVITAS NON TAM UTILITATE PRO- 
 dest quam novitate perturbat. Novelty 
 benefits not so much by its utility as it dis- 
 turbs by its novelty, Jenk. Cent. Cas. 167, 
 
 NOVITER PERVENTA, or NOVITER 
 
 ad notitiam perventa. In ecclesiastical pro- 
 cedure. Facts "newly come" to the knowl- 
 edge of a party to a cause. Leave to plead 
 facts noviter perventa is generally given, in 
 a proper case, even after the pleadings are 
 closed. Phillim. Ecc. Law, 1257; Rog. Ecc. 
 Law, 723. 
 
 NOVODAMUS (Law Lat.) In old Scotcti 
 law. We give anew. The name given to a 
 charter or clause in a charter, granting a 
 renewal of a right. Bell, Diet. 
 
 NOVUM JUDICIUM NON DAT NOVUM 
 jus, sed declarat antiquum. A new judg- 
 ment does not make a new law, but declares 
 the old. 10 Coke, 42. 
 
 NOVUM OPUS (Lat.) In the civil law. 
 A new work. See "Novi Operis Nunciatio;" 
 "Opus Novum." 
 
 NOVUS HOMO (Lat. a new man). This 
 term is applied to a man who has been par- 
 doned of a crime, by which he is restored to 
 society and is rehabilitated. 
 
 NOXA (Lat.) In civil law. Damages re- 
 sulting from an offense committed by an 
 irresponsible agent; the offense itself; the 
 punishment for the offense; the slave or ani- 
 mal who did the offense, and who is deliv- 
 ered up to the person aggrieved {datur 
 noxae) unless the owner choose to pay the 
 damage. The right of action is against who- 
 ever becomes the possessor of the slave or 
 animal {noxa caput sequitur). Vicat; Calv. 
 Lex. 
 
NOXA SEQUITUR CAPUT 
 
 70S 
 
 NUISANCE 
 
 NOXA SEQUITUR CAPUT. The injury 
 (i. e., liability t» make good an injury 
 caused by a slave) follows the head or per- 
 son, i. e., attaches to his master. Heinec. 
 Elem. Jur, Civ. lib. 4, tit. 8, § 1231. 
 
 NOXALIS ACTIO. See "Actio Noxalls." 
 
 NOXIA (Lat.) In the civil law. An of- 
 fense committed or damage done by a slave. 
 Inst. 4. 8. 1. 
 
 NUBILIS (Lat.) In civil law. One who 
 is of a proper age to be married. Dig. 32. 
 51. 
 
 NUDA (Lat.) Bare or mere. Nuda pa- 
 tientia, mere sufferance. Nuda possessio, 
 mere possession. 
 
 NUDA PACTIO OBLIGATIONEM NON 
 parit. A naked promise does not create an 
 obligation. Dig. 2. 14. 7. 4; Code, 4. 65. 
 27; Broom, Leg. Max. (3d London Ed.) 670; 
 Brisson. "Nudus." 
 
 NUDA RATIO ET NUDA PACTIO NON 
 llgant allquem debitorem. Naked reason 
 and naked promise do not 'bind any debtor. 
 Fleta, lib. 2, c. 60, § 25. 
 
 NUDE. Naked. Figuratively, this word 
 is applied to various subjects. ' 
 
 A nude contract, nudum pactum, is one 
 without a consideration. Nude matter is a 
 bare allegation of a thing done, without any 
 evidence of it. 
 
 NUDUM PACTUM. A contract made 
 without consideration. See "Consideration." 
 
 It is a mere agreement, without the re- 
 quisites necessary to confer upon it a legal 
 obligation to perform. In the Roman Law, 
 an agreement not made by specialty so as 
 to support an action of covenant, or falling 
 within one of certain classes so as to sup- 
 port an action of debt. Early English law 
 gave it the same meaning. Pollock, Princ. 
 Cont. 695. 3 McLean (U. S.) 330; 2 Denio 
 (N. Y.) 403; 6 Ired. (N. C.) 480; 1 Strobh. 
 (S. C.) 329; 1 Ga. 294; 1 Doug. (Mich.) 
 188. The term, and the rule which decides 
 upon the nullity of its effects, are borrowed 
 from the civil law; yet the common law has 
 not in any degree been influenced by the 
 notions of the civil law in defining what 
 constitutes a nudum pactum. Dig. 19. 5. 5. 
 See, on this subject, a learned note in Fonbl. 
 Eq. 335, and 2 Kent, Comm. 364. TouUier 
 defines nudum, pactum to be an agreement 
 not executed by one of the parties. Toul- 
 lier. Dr. Civ. tom. 6, note 13, page 10. 
 
 It is of no consequence whether the agree- 
 ment be oral or written (7 Term R. 350; 7 
 Brown, Pari. Cas. 550; 4 Johns. [N. Y.] 
 235; 5 Mass. 301, 392; 2 Day [Conn.] 22) ; 
 but a contract under seal cannot be held a 
 nudum pactum for lack of consideration, 
 since the seal imports consideration (2 
 Barn. & Aid. 551). See "Consideration;" 2 
 Bl. Comm. 445; 16 Viner, Abr. 16. 
 
 NUDUM PACTUM EST UBI NULLA 
 
 subest causa propter conventionem; sed ubi 
 subest causa, fit obligatio, e't parit actio- 
 nem. Nudum pactum is where there is no 
 consideration for the undertaking or ag:ree- 
 ment; but when there is a consideration, 
 an obligation is created, and an action 
 arises. Dig. 2. 14. 7. 4; 2 Bl. Comm. 445; 
 Broom, Leg. Max. (3d London Ed.) 669; 
 Plowd. 309; 1 Powell, Cont. 330 et seq.; 3 
 Burrows, 1670 et seq. ; Viner, Abr. "Nudum 
 Pactum" (A) ; 1 Fonbl, Bq. (5th Ed.) 335a. 
 
 NUDUM PACTUM EX QUO NON ORI- 
 
 tur actio. Nudum pactum is that upon which 
 no action arises. Code, 2. 3. 10; Id. 5. 14. 1; 
 Broom, Leg. Max. (3d London Ed.) 676. 
 
 NUE. (L. Fr.) Nude; naked; bare. 
 
 NUEVA RECOPILACION. Span. The 
 title of a code of Spanish law, promulgated 
 in the year 1567. Schmidt's Civ. Law, In- 
 trod. 79-81. 
 
 NUISANCE. A nuisance is anything that 
 unlawfully worketh hurt, inconvenience, or 
 damage. 3 Bl. Comm. 216. 
 
 Any offensive erection, which, from its 
 nature, may be an annoyance, and from its 
 situation actually becomes so, is a nuisance. 
 Tayl. Landl. & Ten. § 201. 
 
 Public Nuisance. Such an inconven- 
 ience or troublesome offense as annoys the 
 whole community in general, and not mere- 
 ly some particular person. 4 Bl. Comm. 
 166. Such an annoyance as infringes on 
 rights common to the public. 7 Mich. 432. 
 Some considerable portion of the community 
 must be affected, for while that is a public 
 nuisance which injures generally such citi- 
 zens as may be so circumstanced as to come 
 within its influence (43 N. J. Eq. 478; 8 
 Cow. [N. Y.] 146) , it must be in a public 
 place, where members of the community are 
 liable to come within its influence (7 Blackf. 
 [Ind.] 534; 34 Tex. 230; 36 N. J. Law, 283). 
 The test is not the number of persons an- 
 noyed, but the possibility of invasion of the 
 public rights. 5 Rand. (Va.) 691. 
 
 Private Nuisance. Anything done or 
 
 maintained whereby special annoyance or in- 
 jury is done to another. 
 
 A public nuisance may be private, as well, 
 and such have been termed "mixed nui- 
 sances." Wood, Nuisance, §■ 17. 
 
 The exact amount of annoyance or incon- 
 venience necessary to constitute a private 
 nuisance has never been settled. In gen- 
 eral terms, the injury should cause an in- 
 convenience "materially interfering with the 
 ordinary comfort, physically, of human ex- 
 istence; not merely according to elegant or 
 dainty modes and habits of living, but ac- 
 cording to plain, sober, and simple notions." 
 4 Eng. Law & Eq. 15. 
 
 The filling of the air with smoke or noxi- 
 ous vapor, to the detriment of health (11 
 Mo. 517; 12 L. T. [N. S.] 776), or with 
 noisome odors (20 N. J. Eq. 201; 23 N. J. 
 Eq. 251), the production of great noise and 
 
NUISANCE, ASSISE OF 
 
 709 
 
 NULLE TERRE SANS SEIGNEUR 
 
 clangor in a quiet neighborhood (14 Mo. 
 App. 590), the maintenance of excessive 
 heat, rendering adjoining premises uninhab- 
 itable (46 Ala. 381), the keeping of explo- 
 sives or inflammable substances (35 N. J. 
 Law, 17) , are well-recognized forms of pri- 
 vate nuisance. 
 
 NUISANCE, ASSISE OF. See "Assize of 
 Nuisance." 
 
 NUL. No; none. A law French negative 
 particle, commencing many phrases. 
 
 NUL AGARD (Law Fr. no award). In 
 pleading. A plea to an action on an arbitra- 
 tion bond, when the defendant avers that 
 there was no legal award made. 3 Burrows, 
 1730; 2 Strange, 923. 
 
 NUL CHARTER, NUL VENTE, NE NUL 
 done vault perpetualment, si le donor n'est 
 seise al temps de contracts de deux droits, 
 sc del droit de possession et del droit de 
 propertie. No grant, no sale, no gift is valid 
 forever, unless the donor, at the time of the 
 contract, is seised of two rights, namely, the 
 right of possession, and the right of prop- 
 erty. Co. Litt. 266. 
 
 NUL DISSEISIN. In pleading. No dis- 
 seisin. A plea in a real action, by which the 
 defendant denies that there was any dis- 
 seisin. It is a species of the general issue. 
 
 NUL NE DOIT S'ENRICHIR AUX DE- 
 pens des autres. No one ought to enrich 
 himself at the expense of others. 
 
 NUL PRENDRA ADVANTAGE DE SON 
 tort demesne. No one shall take advantage 
 of his own wrong. Broom, Leg. Max. (3d 
 London Ed.) 265. 
 
 NUL SANS DAMAGE AVERA ERROR 
 ou attaint. No one shall have error or at- 
 taint unless he has sustained damage.'' Jenk. 
 Cent. Cas. 323. 
 
 NUL TIEL CORPORATION. No such cor- 
 poration exists. The form of a plea deny- 
 ing the existence of an alleged corporation. 
 
 NUL TIEL RECORD (Fr. no such rec- 
 ord). In pleading. A plea which is proper 
 when it is proposed to rely upon facts which 
 disprove the existence of the record on which 
 the plaintiif founds his action. 
 
 Any matters may be introduced under it 
 which tend to destroy the validity of the 
 record as a record, provided they do not 
 contradict the recitals of the record itself. 
 10 Ohio, 100. It is frequently used to enable 
 the defendant to deny the jurisdiction of the 
 court from which the alleged record eman- 
 ates. 2 McLean, C. C. (U. S.) 129; 22 
 Wend. (N. Y.) 293. 
 
 _ It is said to be the proper plea to an ac- 
 tion on a foreign judgment, especially if of 
 a sister state, in the United States (2 Leigh 
 [Va.] 72; 6 Leigh [Va.] 570; 17 Vt. 302; 6 
 Pick. [Mass.] 232; 11 Miss. 210; 1 Pa. St. 
 499; 2 South. [S. C] 778; 2 Breese [111.] 2), I 
 
 though it is held that nil debet is sufficient 
 (33 Me. 268; 3 J. J. Marsh. [Ky.] 600), es- 
 pecially if the judgment be that of a justice 
 of the peace (3 Har. [N. J.] 408). See 
 "Conflict of Law^." 
 
 NUL TORT (Law Fr. no wrong). In 
 pleading. A plea to a real action, by which 
 the defendant denies that he committed any 
 wrong. It is a species of general issue. 
 
 NUL WASTE. In pleading. The general 
 issue in an action of waste. 3 Inst. 700a, 
 708a. The plea of nul waste admits noth- 
 ing, but puts the whole declaration in is- 
 sue; and in support of this plea the defend- 
 ant may give in evidence anything which 
 proves that the act charged is no waste, as 
 that it happened by tempest, lightning, and 
 the like. Co. Litt. 283a; 3 WnL Saund. 238, 
 note 6. 
 
 NULL. Properly, that which does not ex- 
 ist; that which is not in the nature of 
 things. In a figurative sense, it signifies 
 that which has no more effect than if it did 
 not exist. 8 TouUier, Dr. Civ. note 320. 
 
 NULLA BONA (Law Lat. no goods). The 
 return made to a writ of fieri facias by the 
 sheriff, when he has not found any goods of 
 the defendant on which he could levy. 3 
 Bouv. Inst, note 3393. 
 
 NULLA CURIA QUAE RECORDUM 
 non habet potest Tmponere finem, neque ali- 
 quem mandare carceri, quia ista spectant 
 tantummodo ad curias de recordo. No court 
 which has not a record can impose a fine, 
 or commit any person to prison, because 
 those powers belong only to courts of rec- 
 ord. 8 Coke, 60. 
 
 NULLA EMPTIO SINE PRETIO ESSE 
 potest. There can be no sale without a 
 price. 4 Pick. (Mass.) 189. 
 
 NULLA IMPOSSIBILIA AUT INHONES- 
 ta sunt praesumenda; vera autem et hon- 
 esta et posslbilla. No impossible or dishon- 
 orable things are to be presumed, but things 
 true, honorable, and possible. Co. Litt. 78. 
 
 NULLA PACTIONE EFFICI POTEST 
 ne dolus praestetur. By no agreement can 
 it be effected that there shall be no account- 
 ability for fraud. Dig. 2. 14. 27. 3; Broom, 
 Leg. Max. (3d London Ed.) 622, 118, note; 
 5 Maule & S. 466. 
 
 NULLA VIRTUS, NULLA SCIENTIA, 
 locum suum et dignitatem conservare po- 
 test sine modestia. Without modesty, no 
 virtue, no knowledge, can preserve its place 
 and dignity. Co. Litt. 394. 
 
 NULLE REGLE SANS FAUTE. There is 
 no rule without a fault. 
 
 NULLE TERRE SANS SEIGNEUR. No 
 
 land without a lord. Guyot, Inst. Feud. c. 
 28. 
 
NULLI ENIM RES SUA 
 
 710 
 
 NULLUS VIDETUR DOLO 
 
 NULLI ENIM RES SUA SERVIT JURE 
 servitutis. No one can have a servitude 
 over his own property. Dig. 8. 2. 26; IT 
 Mass. 443; 2 Bouv. Inst, note 1600. 
 
 NULLITY. An act or proceeding which 
 has absolutely no legal eflfect whatever. See 
 Chit. Cont. 228. 
 
 NULLIUS FILIUS (Lat.) The son of no 
 one; a bastard. 
 
 NULLIUS HOMINIS AUCTORITAS 
 apud nos valere debet, ut meliora non se- 
 queremur si quis attulerit. The authority of 
 no man ought to avail with us, that we 
 should not follow better opinions, should any 
 one present them. Co. Litt. 383b. 
 
 NULLIUS JURIS. In old English law, 
 Of no legal force. Fleta, lib. 2, c. 60, § 24. 
 
 NULLUM ARBITRIUM (Lat.) In plead- 
 ing. The name of a plea to an action on an 
 arbitration bond for not fulfilling the- award, 
 by which the defendant asserts that there is 
 no award. 
 
 NULLUM CRIMEN MAJUS EST INOBE- 
 dientia. No crime is greater than disobe- 
 dience. Jenk. Cent. Cas. 77. 
 
 NULLUM EXEMPLUM EST IDEM OM- 
 nibus. No example Is the same for all 
 purposes. Co. Litt. 212a. 
 
 NULLUM FECERUNT ARBITRIUM 
 (Lat.) In pleading. The name of a plea to 
 an action of debt upon an obligation for the 
 performance of an award,' by which the de- 
 fendant denies that he submitted to arbitra- 
 tion, etc. Bac. Abr. "Arbiter, etc." (G). 
 
 NULLUM INIQUUM EST PRAESUMEN- 
 dum in jure. Nothing unjust is to be pre- 
 sumed in law. 4 Coke, 72. 
 
 NULLUM MATRIMONIUM, IBI NULLA 
 dos. No marriage, no dower. 4 Barb. (N. 
 Y.) 192, 194. 
 
 NULLUM SIMILE EST IDEM. Nothing 
 which is like another is the same, i. e., no 
 likeness is exact identity. 2 Story, C. C. 
 (U. S.) 512; Story, Partn. 90; Co. Litt. 
 3a; 2 Bl. Comm. 162. 
 
 NULLUM SIMILE EST IDEM NISI QUA- 
 tuor pedibus currit. No like Is identical, 
 unless it run on all fours. Co. Litt. 3. 
 
 NULLUM SIMILE QUATUOR PEDIBUS 
 currit. No simile runs upon four feet, or, 
 as ordinarily expressed, "on all fours." Co. 
 Litt. 3a; Eunom. Dial. 2, p. 155; 1 Story, 
 C. C. 143. 
 
 NULLUM TEMPUS ACT. St. 3 Geo. III. 
 c. 16. See 32 Geo. III. c. 58, and 7 Wm. III. 
 c. 3. It was so called because the right of 
 the crown to sue, etc., was limited by it to 
 sixty years, in contradiction to the Maxim, 
 Nullum tempus oocurrit regi. 3 Chit. St. 
 63. 
 
 NULLUM TEMPUS AUT LOCUS OC- 
 
 currit regi. No time or place affects the 
 king. 2 Inst. 273; Jenk. Cent. Cas. 83; 
 Broom, Leg. Max. 65. 
 
 NULLUM TEMPUS OCCURRIT REGI. 
 
 Lapse of time does not bar the right of the 
 crown. 2 Inst. 273; 1 Bl. Comm. 247; Broom, 
 Leg. Max. (3d London Ed.) 62; Hob. 347; 
 2 Steph. Comm. 504; 1 Mass. 355; 2 Brock. 
 C. C. (U. S.) 393; 18 Johns. (N. Y.) 227; 
 10 Barb. (N. Y.) 139. 
 
 One of the ancient maxims of the com- 
 mon law, being a natural offshoot of the 
 maxim, "rex non potest peccare." 97 lU. 
 88. 
 
 NULLUM TEMPUS OCCURRIT REI- 
 
 publicae. Lapse of time does not bar the 
 commonwealth. 11 Grat. (Va.) 572; Hil- 
 liard, Real Prop. 173; 8 Tex. 410; 16 Tex. 
 305; 5 McLean, C. C. (U. S.) 133; 19 Mo. 
 667, 
 
 NULLUS ALIUS QUAM REX POSSIT 
 episcopo demandare inquisitionem faclen- 
 dam. No other than the king can command 
 the bishop to make an inquisition. Co. Litt. 
 134. 
 
 NULLUS COMMODUM CAPERE Po- 
 test de injuria sua propria. No one shall 
 take advantage of his own wrong. Co. Litt. 
 148b; Broom, Leg. Max. (3d London Ed.) 
 265; 4 Bing. N. C. 395; 4 Barn. & Aid. 409; 
 10 Mees. & W. 309; 11 Mees. & W. 680. 
 
 NULLUS DEBET AGERE DE DOLO, 
 ubi alia actio subest. Where another form 
 of action is given, no one ought to sue in the 
 action de dolo. 7 Coke, 92. 
 
 NULLUS DICITUR ACCESSORIUS 
 post feloniam sed ille qui novit principaletn 
 feloniam fecisse, et ilium receptavit et com- 
 fortavit. No one is called an accessory after 
 the fact but he who knew the principal to 
 have committed a felony, and received and 
 comforted him. 3 Inst. 138. 
 
 NULLUS DICITUR FELO PRINCIPALIS 
 nisi actor, aut qui praessens est, abettans 
 aut auxilians actorem ad feloniam facien- 
 dam. No one shall be called a principal 
 felon except the party actually committing 
 the felony, or the party present aiding and 
 abetting in its commission. 3 Inst. 138. 
 
 NULLUS IDONEUS TESTIS IN RE SUA 
 intelligitur. No one is understood to be_ a 
 competent witness in his own cause. Dig. 
 22. 5. 10; 1 Sumn. (U. S.) 328, 344. 
 
 NULLUS JUS ALIENUM FORISFA- 
 cere potest. No man can forfeit another's 
 right. Fleta, lib. 1, c. 28, § 11. 
 
 NULLUS RECEDAT E CURIA CANCEL- 
 laria sine remedio. No one ought to depart 
 out of the court of chancery without a rem- 
 edy. Y. B. 4 Hen. VII. 4. 
 
 NULLUS VIDETUR DOLO FACERE 
 qui suo jure utitur. No man is to be eS- 
 
NUMBER 
 
 711 
 
 NUPTIAE SECUNDAE 
 
 teemed a wrongdoer who avails himself of 
 his legal right. Dig. 50. 17. 55; Broom, Leg. 
 Max. (3d London Ed.) 124, 118, note q; 
 14 Wend, (N. Y.) 339, 492. 
 
 NUMBER. A collection of units. 
 
 NUMERATA PECUNIA (Lat.) In civil 
 law. Money counted or paid; money given 
 in payment by count. L. 3, 10, C. de non 
 numerat. pecun.; Vicat. 
 
 NUMMATA TERRAE (Law Lat.) In old 
 records. A quantity of land, thought to con- 
 tain an acre. Cowell. 
 
 NUNC PRO TUNC (Lat. now for then). 
 A phrase used to express that a thing is 
 done at one time as if or with the same 
 effect as if performed at another. 
 
 NUNCIATIO. In civil law. A formal 
 proclamation or protest. It may be by acts 
 (realis) or by words. Mackeld. Civ. Law, 
 § 237. Thus, nunciatio novi operis was an 
 injunction which one man could place on the 
 erection of a new building, etc., near him, 
 until the case was tried by the praetor. Id. ; 
 Calv. Lex. An information against a crim- 
 inal. Calv. Lex. 
 
 NUNCIO. The name given to the pope's 
 ambassador. Nuncios are ordinary or ex- 
 traordinary; the former are sent upon usual 
 missions, the latter upon special occasions. 
 
 NUNCIUS. In international law. A mes- 
 senger; a minister; the pope's legate, com- 
 monly called a "nuncio." 
 
 NUNCUPATE. To declare publicly and 
 solemnly. 
 
 NUNCUPATIVE WILL. An oral will, de- 
 clared by a testator, in extremis, before vsrit- 
 nesses, and afterwards reduced to writing. 
 4 Kent, Comm. 576; 2 BL Comm. 500; 1 
 Jarm. Wills (Perkins Ed.) 130-136. See 1 
 Wm. IV. c. 20; 1 Vict. c. 26, §§ 9, 11; 11 
 Eng. Law & Eq. 596,— by which the privi- 
 lege of making a nuncupative will is only 
 allowed to soldiers and seamen in actual 
 service. So in almost all the states. See, in 
 general, 27 Ala. (N. S.) 296, 596; 26 N. H. 
 372; 9 N. Y. 196; 10 Grat. (Va.) 548; 27 
 Miss. 119, 725; 2 R. I. 133; 4 Bradf. Sur. 
 (N. Y.) 154; 22 Ga. 293, 603; 12 La. Ann. 
 114, 603; 1 Sneed (Tenn.) 616; 1 Williams, 
 Ex'rs, 59; Swinb. Wills; Ayliffe, Pand. 359; 
 Roberts, Wills; 2 Bouv. Inst, note 436; 1 
 Brown, Civ. Law, 288. 
 
 NUNDINAE (Law Lat.) In civil and old 
 English law. Fair or fairs. Dion Halic. 
 lib. 2, p. 98; Vicat; Law Fr. & Lat. Diet. 
 
 NUNQUAM (Lat.) Never. Nunquam fuit 
 ballivus ejus, vel mercator,_ vel denariorum 
 suorum receptor, vel administrator, never 
 was his bailiff or merchant, or receiver of 
 his moneys, or his administrator (manager) . 
 Pleta, lib. 2, c. 70, § 9. 
 
 NUNQUAM CRESCIT EX POST FACTO 
 
 praeteriti delicti aestimatio. The quality 
 of a past offense is never aggravated by that 
 which happens subsequent. Dig. 50. 17. 138. 
 1; Bac. Max. reg. 8; Broom, Leg. Max. (3d 
 London Ed.) 41. 
 
 NUNQUAM DECURRITUR AD EXTRA- 
 ordinarium sed ubi deficit ordinarlum. We 
 are never to recur to what is extraordinary 
 till what is ordinary fails. 4 Inst. 84. 
 
 NUNQUAM FICTIO SINE LEGE. Therei 
 is no fiction without law, 
 
 NUNQUAM INDEBITATUS (Lat. never 
 indebted). In pleading. A plea to an ac- 
 tion of indebitatus assumpsit, by which the 
 defendant asserts that he is not indebted to 
 the plaintiff. 6 Car. & P. 545; 1 Mees. & 
 W. 542; 1 Q. B. 77. 
 
 NUNQUAM NIMIS DICITUR QUOD 
 
 nunquam satis dicitur. What is never suffi- 
 ciently said is never said too much. Co, 
 Litt. 375. 
 
 NUNQUAM PRAESCRIBITUR IN FAL- 
 
 so. There is never prescription in case of 
 falsehood (crimen falsi). Bell, Diet, 
 
 NUNQUAM RES HUMANAE PROS- 
 pere succedunt ubi negliguntur divinae. Hu- 
 man things never prosper when divine 
 things are neglected. Co. Litt. 95; Wingate, 
 Max. 2. 
 
 NUNTIUS, or NUNCIUS. In oldEnglish 
 practice. One who made excuse for absence 
 of one summoned; an apparitor, beadle, or 
 sergeant. Cowell. A messenger or legate, 
 e. g., pope's nuncio. Jacob. Essoniator was 
 sometimes wrongly used for nuntius in the 
 first sense. Bracton, fol, 345, § 2. 
 
 NUPER OBIIT (Lat. he or she lately 
 died). In practice. The name of a writ 
 which in the English law lies for a sister 
 co-heiress dispossessed by her coparcener 
 of lands and tenements whereof their fa- 
 ther, brother, or any common ancestor died 
 seised of an estate in fee simple. Termes 
 de la Ley; Fitzh. Nat. Brev. 197, 
 
 NUPTIAE (Lat. from nubere, to cover or 
 veil). In the civil law. Marriage; nup- 
 tials; the union of man and woman; com- 
 panionship for all life (conjunctio maris et 
 feminae, et consortium omnis vitae). Dig. 
 23. 2. 1. See Code, 5. 4. Justinian uses 
 nuptiae and matrimonium as synonymous. 
 Inst. 1, 9. 1, Properly, the nuptial cere- 
 mony. Calv, Lex.; Tayl. Civ. Law, 269, 
 274, See "Consensus Non, etc." 
 
 NUPTIAE SECUNDAE (Lat.) In the 
 canon law. A second marriage; any mar- 
 riage after the first. The canon law put a 
 mark of disapprobation upon nuptiae sec- 
 undae, for so they termed every marriage 
 after the first. No benediction could be 
 pronounced, nor could any priest be pres- 
 ent at the celebration of them. Corvin. Jus 
 
NUPTIAL 
 
 712 
 
 NYMPHOMANIA 
 
 Canon. 108, 109, 110; Launc. Inst. Jur. 
 Can. lib. 2, tit. 16; 4 Reeve, Hist. Eng. 
 Law, 63. 
 
 NUPTIAL. Of or pertaining to the mari- 
 tal relation. 
 
 NUPTIAS NGN CONCUBITUS, SED 
 consensus facit. Not cohabitation, but con- 
 sent, makes the marriage. Dig. 50. 17. 30; 
 ,1 Bouv. Inst, note 239; Co. Litt. 33. 
 
 NURTURE. The rearing and care of chil- 
 dren. 
 
 NUSANCE. The old form of "nuisance." 
 Hale, Anal. § xlii. 
 
 NUTAUNTRE, NUTANDER, oi- NUIC- 
 tander (Law Pr.) By night. Ou nutauntre 
 ou de jour, by night or by day. Britt. c. 
 47; Y. B. P. 10 Edw. IIL 37. 
 
 NUYT, or NUTE (Law Fr.) Night. Britt. 
 c. 80. 
 
 NYMPHOMANIA. Erotic insanity mani- 
 fested in a female. It is said to be distin- 
 guished from erotomania, in that it pro- 
 ceeds from some sexual disorder as an ex- 
 citing cause. Wharton. 
 
o. c. 
 
 713 
 
 OATH RITE 
 
 o 
 
 O. C. In the civil law. An abbreviation 
 for "ope eonsilio" (q, v.) 
 
 0. K. The abbreviation "O. K." has a 
 well-defined meaning and signifies "all 
 right," "correct," its effect being deter- 
 mined from the circumstances of the situa- 
 tion. 204 111. App. 398. 
 
 O. Nl. It was the course of the English 
 exchequer, ^s soon as the sheriff entered 
 into and made up his account for issues, 
 amerciaments, etc., to mark upon each head 
 "0. Ni." which denoted oneratur, nisi 
 habeat sufflcientem exonerationem, and 
 presently he became the king's debtor, and 
 a debet was set upon his head; whereupon 
 the parties paravaile became debtors to the 
 sheriff, and were discharged against the 
 king, etc. 4 Inst. 116. But sheriffs now 
 account to the commissioners for auditing 
 the public accounts. Wharton. 
 
 OATH. An outward pledge given by the 
 person taking it that his attestation or 
 promise is made under an immediate sense 
 of his responsibility to God. Tyler, Oaths, 
 15. 
 
 ■ The term has been variously defined : As, 
 "a solemn invocation of the vengeance of 
 the Deity upon the witness if he do not de- 
 clare the whole truth, so far as he knows 
 it." 1 Starkie, Ev. 22. . Or, "a religious 
 asseveration by which a person renounces 
 the mercy and imprecates the vengeance 
 of Heaven if he do not speak the truth." 
 2 Leach, C. C. 482. Or, as "a religious act 
 by vyhich the party invokes God not only 
 to witness the truth and sincerity of his 
 promise, but also to avenge his imposture 
 or violated faith, or, in other words, to 
 punish his perjury if he shall be guilty of 
 it." 10 Toulliei;, Dr. Civ. notes 343-348; 
 Puffendorff, bk. 4, c. 2, § 4. The essential 
 idea of an oath would seem to be, however, 
 that of a recognition of God's authority by 
 the party taking it,- and an undertaking to 
 accomplish the transaction to which it 
 refers as required by His laws. 
 
 In its broadest sense, the term is used to 
 include all forms of attestation by which a 
 party signifies that he is bound in con- 
 science to perform the act faithfully and 
 truly. In a more restricted sense, it ex- 
 cludes all those forms of attestation or 
 promise which are not accompanied by an 
 imprecation. 
 
 Assertory Oaths. Those required by 
 
 law other than in judicial proceedings, and 
 upon induction to office, such, for example, 
 as custom-house oaths. 
 
 Promissory Oaths. Oaths taken by 
 
 authority of law, by which the party de- 
 clares that he will fulfill certain duties 
 therein mentioned; as, the oath which an 
 alien takes, on becoming naturalized, that 
 
 he will support the constitution of the 
 United States; the oath which a judge 
 takes that he will perform the duties of 
 his office. The breach of this does not 
 involve the party in the legal crime or 
 punishment of perjury. 3 Zab. (N. J.) 49. 
 
 Extrajudicial Oaths. Those taken 
 
 without authority of l&vt. Though binding 
 in foro conscientiae, they do not, when 
 false, render the party liable to punish- 
 ment for perjury. 
 
 Judicial Oaths. Those administered 
 
 in judicial proceedings. 
 
 OATH AGAINST BRIBERY. One which 
 could have been administered to a voter at 
 an election for members of parliament. 
 Abolished by 17 & 18 Vict. c. 102. Wharton. 
 
 OATH DECISORY. In civil law. An oath 
 which one of the parties defers or refers 
 back to the other for the decision of the 
 cause. 
 
 OATH EX OFFICIO. The oath by which 
 a clergyman charged -with a criminal of- 
 fense was formerly allowed to swear him- 
 self to be innocent; also the oath by which 
 the compurgators swore that they believed 
 in his innocence. 3 Bl. Comm. 101, 447; 
 Mozley & W. 
 
 OATH IN LITEM. An oath which, in the 
 civil law, was deferred to the complainant 
 as to the value of the thing in dispute, on 
 failure of other proof, particularly when 
 there was a fraud on the part of the de- 
 fendant, and he suppressed proof in his 
 possession. See Greenl. Ev. § 348; Tait, 
 Ev. 280; 1 Vern. 207; 1 Eq. Gas. Abr. 229; 
 1 Me. 27; 1 Yeates (Pa.) 34; 12 Viner, 
 Abr. 24. 
 
 OATH OF CALUMNY. In civil law. An 
 oath which a plaintiff was obliged to take 
 that he was not actuated by a spirit of 
 chicanery in commencing his action, but 
 that he had bona fide a good cause of ac- 
 tion. Poth. ad Pand. lib. 5, tits. 16, 17, 
 § 124. This oath is somewhat similar to 
 our affidavit of a cause of action. See 
 Dunl. Adm. Prac. 289, 290. 
 
 OATH PURGATORY. An oath by which 
 one destroys the presumptions which were 
 against him, for he is then said to purge 
 himself when he removes the suspicions 
 which were against him; as, when a man 
 is in contempt for not attending court as 
 a witness, he may purge himself of the con- 
 tempt by swearing to a fact which is an 
 ample excuse. See "Purgation." 
 
 OATH RITE. The form used at the tak- 
 ing of an oath. 
 
OATH SUPPLETORY 
 
 714 
 
 OBLIGATIO 
 
 OATH SUPPLETORY. In civil and ec- 
 clesiastical law. An oath required by the 
 judge from either party in a cause, upon 
 ' half proof already made, which, being 
 joined to half proof, supplies the evidence 
 required to enable the judge to pass upon 
 the subject. See Strange, 80; 3 Bl. Comm. 
 270. 
 
 OATHWORTHY. Worthy of making an 
 oath; credible. 
 
 OB. On account of; for. A few Latin 
 phrases and maxims commence with this 
 word, but in is more commonly used. 
 
 OB CAUSAM ALIQUAM A RE MARI- 
 tima ortam. For some cause arising out of 
 a maritime matter. 1 Pet. Adm. (U. S.) 
 92. Said to be Selden's translation of the 
 French definition of admiralty jurisdiction, 
 "pour le fait de la mer." Id. 
 
 OB CONTINENTIAM DELICTI. On ac- 
 count of contiguity to the offense ; a ground 
 for extending the operation of a decree of 
 maritime condemnation. Thus, a cargo of 
 a vessel condemned for carrying dispatches 
 for the enemy may be condemned ob conti- 
 nentiam delicti. 6 Rob. Adm. 440. 
 
 08 CONTINGENTIAM. In Scotch law. 
 On account of connection; by reason of 
 similarity. A ground for the consolidation 
 of actions. 7 Bell, App. Cas. 163. 
 
 OB FAVOREM MERCATORUM. In fa- 
 vor of merchants. Fleta, lib. 2, c. 63, § 12. 
 
 OB INFAMIAM NON SOLET JUXTA LE- 
 gem terrae aliquis per leg^m apparentem 
 se purgare, nisi prius convictus fuerit vei 
 confessus in curia. On account of evil re- 
 port it is not usual, according to the law 
 of the land, for any person to purge him- 
 self, unless he have been previously con- 
 victed, or confessed in court. Glanv. lib. 
 14, c. 2. 
 
 OB TURPEIVI CAUSAIVI. For a base or 
 immoral cause or consideration. 
 
 OBAERATUS. In Roman law. A debtor 
 who was obliged to serve his creditor till 
 his debt was discharged. 
 
 OBEDIENTIA. (Lat.) Obedience; sub- 
 mission. 
 
 In old records. A kind of rent. Cowell. 
 
 In the canon law. An office, or the ad- 
 ministration of an office. Id. 
 
 OBEDIENTIA EST LEGIS ESSENTIA. 
 Obedience is the essence of the law. 11 
 Coke, 100. 
 
 OBIIT SINE PROLE. (Lat.) (He) died 
 without issue. Y. B. M. 1 Edw. II. 1. 
 
 OBIT. That particular solemnity or of- 
 fice for the dead which the Roman Catholic 
 church appoints to be read or performed 
 over the body of a deceased member of that 
 communion before interment; also, the of- 
 
 fice which, upon the anniversary of his 
 death, wag frequently used as a commemo- 
 ration or observance of. the day. 2 Cro. 51; 
 Dyer, 313. 
 
 OBITER (Lat. from obire, to pass). By 
 the way; in passing. "This point was not 
 the principal question in the case of Clere 
 and Brooke, but the law concerning it is 
 delivered obiter only, and in the course of 
 argument, by Justice Manwoode." 2 Bl. 
 Comm. 238. 
 
 OBITER DICTUM. See "Dictum." 
 
 OBJECT. Anything which comes within 
 the cognizance or scrutiny of the senses; 
 especially anything tangible or visible. 
 Anything, whether concrete or abstract, 
 real or imaginary, that may be perceived 
 or apprehended by the mind; that of which 
 the understanding has knowledge. 83 N. 
 J. L. 641, 85 Atl. 194, Ann. Cas. 1914 
 B 847. 
 
 OBJECT OF ACTION. The thing sought 
 to be attained by the action; the remedy 
 demanded, or relief prayed for. It differs 
 from the subject of the action, which is 
 the subject matter out of which the cause 
 of action arose. 18 Kan. 406. 
 
 OBJECTION. The act by which a party 
 questions the propriety of evidence offered 
 or proceedings proposed to be had in the 
 course of the trial. 
 
 OBJECTS OF A POWER. A name given 
 to the members of a class among whom one 
 is empowered to appoint the power. 
 
 OBLATI ACTIO (Lat.) In the civil law. 
 An action given to a party against another 
 who had offered to him a stolen thing, 
 which was found in his possession. Inst. 
 3. 1. 4. 
 
 OBLATIO (Lat.) In civil law. A tender 
 of money in payment of debt made by 
 debtor to creditor. L. 9, C. de solut. What- 
 ever is offered to the church by the pious. 
 Calv. Lex.; Vicat. 
 
 OBLIGACION (Law Fr.) Obligation. 
 Obligacion est un lien de droit, obligation 
 is a bond of law. Britt. c. 28. See "Obli- 
 gation." 
 
 OBLIGATIO. In Roman law. A legal 
 bond which obliges us to the performance 
 of something in accordance with the law 
 of the land. Ortolan, Inst. 2, § 1179. 
 
 It corresponded nearly to our word "con- 
 tract." Justinian says, "Obligatio _ est 
 juris vinculum, quo necessitate adstringi- 
 mur alicujus solvendae rei, secundum nos- 
 trae eivitatis jura." Pr. Just. 3. 13. 
 
 The Romans considered that obligations 
 derived their validity solely from positive 
 law. At first the only ones recognized 
 were those established in special cases in 
 accordance with the forms prescribed_ by 
 the strict jus civilis. In the course of time, 
 
OBLIGATION 
 
 T15 
 
 OBLIGATION 
 
 however, the praetorian jurisdiction, in 
 mitigation of the primitive rigor of the 
 law, introduced new modes of contracting 
 obligations, and provided the means of en- 
 forcing them; hence the twofold division 
 made by Justinian of obligationes civiles, 
 and obligationes praetoriae. Inst. 1. 3. 13. 
 But there was a third class, the obliga- 
 tiones naturales, which derived their valid- 
 ity from the law of nature and nations, or 
 the natural reason of mankind. These had 
 not the binding force of the other classes, 
 not being capable of enforcement by ac- 
 tion, and _ are, therefore, not noticed by 
 Justinian in his classification ; but they had, 
 nevertheless, a certain efficacy even in the 
 civil law. For instance, though a debt 
 founded upon a natural obligation could 
 not be recovered by an action, yet if it was 
 voluntarily paid by the debtor, he could not 
 recover it back, as he might do in the case 
 of money paid by mistake, etc., where no 
 natural obligation existed. L. 38, pr. D. 
 12. 6. And see Ortolan, Inst. 2, § 1180. 
 
 The second classification of obligations 
 made by Justinian has regard to the way 
 in which they arise. They were, in this 
 aspect, either ex contractu or quasi ex con- 
 tractu, or ex malefido or quasi ex maleficio. 
 Inst. 2. 3. 13. 
 
 OBLIGATION (Lat. obligo; ligo, to bind). 
 A legal bond, whereby constraint is laid 
 upon a person or group of persons to act 
 or forbear on behalf of another person or 
 group. Savigny, Obi. §§ 2-4; Anson, Cont. 
 §2. 
 
 Secondarily applied to an instrument 
 whereby one binds himself, under penalty, 
 to an act or forbearance (2 Serg. & R. 
 [Pa.] 502; 6 Vt. 40), and sometimes in 
 modern usage to all written contracts (22 
 Ohio St. 111). 
 
 Absolute Obligation. One which gives 
 
 no alternative to the obligor, but requires 
 fulfillment according to the engagement. 
 
 Accessory Obligation. One which is 
 
 dependent on the principal obligation. For 
 example, if I sell you a house and lot of 
 ground, the principal obligation on my part 
 is to make you a title for it; the accessory 
 obligation is to deliver you all the title pa- 
 pers which I have relating to it, to take 
 care of the estate till it is delivered to you, 
 and the like. 
 
 Alternative Obligation. Where a per- 
 son engages to do or to give several things 
 in such a manner that the payment of one 
 will acquit him of all. 
 
 Civil Obligation. One which has a 
 
 binding operation in law, and which gives 
 to the obligee the right of enforcing it in 
 a court of justice. In other words, it is an 
 engagement binding on the obligor. 4 
 Wheat. (U. S.) 197; 12 Wheat. (U. S.) 
 318, 337. 
 
 Civil obligations are divided into express 
 and implied, pure and conditional, primi- 
 tive and secondary, principal and acces- 
 sory, absolute and alternative, determinate 
 
 and indeterminate, divisible and Indivisible, 
 single and penal, and joint and several. 
 They are also purely personal, purely real, 
 or mixed. 
 
 Conditional Obligation. One, the exe- 
 cution of which is suspended by a condition 
 which has not been accomplished, and sub- 
 ject to which it has been contracted. 
 
 Determinate Obligation. One which 
 
 has for its object a certain thing; as, an ob- 
 ligation to deliver a certain horse, named 
 "Bucephalus." In this case, the obligation 
 can only be discharged by delivering the 
 identical horse. 
 
 ^—Divisible Obligation. One which, be- 
 ing a unit, may nevertheless be lawfully 
 divided with or without the consent of the 
 parties. 
 
 Express or Conventional Obligations. 
 
 Those by which the obligor binds himself 
 in express terms to perform his obligation. 
 
 Imperfect Obligations. Those which 
 
 are not binding on us as between man and 
 man, and for the nonperformance of which 
 we are accountable to God only, such as 
 charity or gratitude. In this sense, an obli- 
 gation is a mere duty. Poth. Obi. art. prel. 
 note 1. 
 
 Implied Obligation. One which arises 
 
 by operation of law; as, for example, if I 
 send you daily a loaf of bread, without any 
 express authority, and you make use of it 
 in your family, the law raises an obligation 
 on your part to pay me the value of the 
 bread. 
 
 Indeterminate Obligation. One where 
 
 the obligor binds himself to deliver one of a 
 certain species ; as, to deliver a horse, where 
 the delivery of any horse will discharge the 
 obligation. 
 
 Indivisible Obligation. One which is 
 
 not susceptible of division; as, for example, 
 if I promise to pay you one hundred dol- 
 lars, you cannot assign one-half of this to 
 another, so as to give him a right of action 
 against me for his share. See "Divisible." 
 
 Joint Obligation. One by which sev- 
 eral obligors promise to the obligee to per- 
 form the obligation. When the obligation 
 is only joint, and the obligors do not prom- 
 ise separately to fulfill their engagement, 
 they must be all sued, if living, to compel 
 the performance; or, if any be dead, the 
 survivors must all be sued. See "Parties." 
 
 Natural or Moral Obligation. One 
 
 which cannot be enforced by action, but 
 which is binding on the party who makes it 
 in conscience and according to natural jus- 
 tice. 
 
 As, for instance, when the action is 
 barred by the act of limitation, a natural 
 obligation still subsists, although the civil 
 obligation is extinguished. 5 Bin. (Pa.) 
 573. Although natural obligations cannot 
 be enforced by action, they have the fol- 
 lowing effect: First, no suit will lie to re- 
 cover back what has been paid or given in 
 compliance with a natural obligation (1 
 Term R. 285, 1 Dall. [Pa.] 184) ; second, a 
 natural obligation is a suifficient considera- 
 
OBLIGATION 
 
 716 
 
 OBROGATION 
 
 tion for a new contract (2 Bin. [Pa.] 591; 
 5 Bin. [Pa.] 36; Yelv. 41a, note 1; Cowp. 
 290; 2 Bl. Comm. 445; 3 Bos. & P. 249, 
 note; 2 East, 506; 3 Taunt. 311; 5 Taunt. 
 36; 3 Pick. [Mass.] 207; Chit. Cont. 10). 
 See "Consideration." 
 
 Penal Obligation. One to which Is at- 
 tached a penal clause, which is to be en- 
 forced if the principal obligation be not 
 perfdrmed. See "Damages." 
 
 Perfect Obligation. One which gives 
 
 a right to another to require us to give him 
 something, or not to do something. These 
 obligations are either natural or moral, or 
 they are civil. 
 
 Personal Obligation. One by which 
 
 the obligor binds himself to perform an act, 
 without directly binding his property for 
 its performance. 
 
 It also denotes an obligation in which the 
 obligor binds himself only, not including 
 his heirs or representatives. 
 
 Primitive Obligation. This obligation, 
 
 which, in one sense, may also be called a 
 "principal obligation," is one which is con- 
 tracted with a design that it should itself 
 be the first fulfilled. 
 
 Principal Obligation. One which is 
 
 the most important object of the engage- 
 ment of the contracting parties. 
 
 Pure (or Simple) Obligation. One 
 
 which is not suspended by any condition, 
 either because it has been contracted with- 
 out condition, or, having been contracted 
 with one, it has been fulfilled. 
 
 Real Obligation. One by which real 
 
 estate, and not the person, is liable to the 
 obligee for the performance. 
 
 A familiar example will explain this: 
 When an estate owes an easement as a 
 right of way, it is the thing, and not the 
 owner, who owes the easement. Another 
 instance occurs when a person buys an es- 
 tate which has been mortgaged, subject to 
 the mortgage. He is not liable for the debt, 
 though his estate is. In these cases the 
 owner has an interest only because he is 
 seised of the servient estate or the mort- 
 gaged premises, and he may discharge him- 
 self 'by abandoning or parting with the 
 property. The obligation is both personal 
 and real when the obligor has bound him- 
 self and pledged his estate for the fulfill- 
 ment of his obligations. 
 
 Secondary Obligation. One which is 
 
 contracted and is to be performed in case 
 the primitive cannot be. For example, if I 
 sell you my house, I bind myself to give a 
 title; but if I find I cannot, as the title is 
 in another, then my secondary obligation 
 is to pay you damages for my nonperform- 
 ance of my obligation. 
 
 Several Obligation. One by which 
 
 one individual, or, if there be more, several 
 individuals, bind themselves separately to 
 perform the engagement. In this case, 
 each obligor may be sued separately; and 
 if one or more be dead, their respective 
 executors may be sued. See "Parties." 
 
 Single Obligation, One without any 
 
 penalty; as, where I simply promise to pay 
 you one hundred dollars. This is called a 
 "single bill," when it is under seal. 
 
 OBLIGATION OF CONTRACT. The duty 
 imposed by law on the parties to a contract 
 to perform the same. 4 Wheat. (U. S.) 197. 
 
 The remedy by which the contract can be 
 enforced is deemed a part of its obligation, 
 within the constitutional prohibition of ite 
 impairment, to the extent that its adequacy 
 must be maintained (47 N. Y. 157; 97 U. S. 
 293), but the mere form of the remedy (157 
 U. S. 219), or the rules of evidence (108 
 Mo. 303), are not. 
 
 OBLIGATORY WRITING. See "Writing 
 Obligatory." 
 
 OBLIGEE. The person In favor of whom 
 an obligation is contracted. 
 
 OBLIGOR. The person who has engaged 
 to perform some obligation. Code La. art. 
 3522, No. 12. One who makes a bond. 
 
 OBLIQUUS (Lat.) 
 , In the Old Law of Descents. Ob- 
 lique; cross; transverse; collateral. The 
 opposite of rectus, right, or upright. Fleta, 
 lib. 5, c. 7, § 2. 
 
 ^^In the Law of Evidence. Indirect; 
 circumstantial. Vinn. Juris. Cent. lib. 4, 
 c. 25. 
 
 OBLITERATION. The destruction of 
 words in an instrument by erasure, blot- 
 ting, or striking out. They need not be 
 completely effaced. The term is most com- 
 monly applied to wills which may be re- 
 voked by obliteration, 29 Car. II. c. 3, § 6. 
 
 OBLOQUY. Censure; odium, reproach. 
 See 70 Cal. 275. 
 
 OBRA (Spanish; from Lat. opera). In 
 Spanish law. Work. Obras, works or 
 trades; those which men Carry on in houses 
 or covered places. White, New Recop. bk. 
 1, tit. 5, c. 3, § 6. 
 
 OBREPTIO (Lat. from obrepere, to creep 
 upon). The obtaining a thing by fraud or 
 surprise. Calv. Lex. Called, in Scotch 
 law, "obreption." 
 
 OBREPTION. Acquisition of escheats, 
 etc., from sovereign, by making false repre- 
 sentations. Bell, Diet. "Subreption;" Calv. 
 Lex. 
 
 OBROGARE (Lat. from ob, and rogare, 
 to pass a law). In the civil law. To pass 
 a law contrary to a former law, or to some 
 clause of it; to change a former law in 
 some part of it. Calv. Lex.; Tayl. Civ. 
 Law, 155. 
 
 OBROGATION. The annulling a law, In 
 whole or in part, by passing a law contrary 
 to it; the alteration of a law. Vicat; Calv. 
 Lex. 
 
OBSCENITY 
 
 717 
 
 OCCUPANCY 
 
 OBSCENITY. In criminal law. Such in- 
 decency as is calculated to promote the 
 violation of the law and the general cor- 
 ruption of morals. It may consist in writ- 
 ten or spoken words, conduct, pictures, or 
 effigies. It need not be couched in obscene 
 or vulgar terms if the idea conveyed tends 
 to produce indecency. 16 Blachf. (U. S.) 
 362. 
 
 OBSERVE. In civil law. To perform 
 that which has been prescribed by some law 
 or usage. Dig. 1. 3. 32. 
 
 OBSES (Lat.) In the law of war. A host- 
 age. Grotius ffe Jure Belli, lib. 3, c. 20, 
 § 52. Obsides, hostages. Id. Magna Carta 
 Johan. c. 49. 
 
 OBSESSUM (Lat. from obsidere, to be- 
 siege or block up). In the law of war. 
 Besieged. Oppidum obsessum, a town be- 
 sieged. Grotius de Jure Belli, lib. 3, c. 1, 
 § 5; 1 Kent, Comm. 144. 
 
 OBSIGNARE (Lat.) In the civil law. To 
 seal up, as money that had been tendered 
 and refused. Heinec. Elem. Jur. Civ. lib. 3, 
 tit. 30, § 1007. 
 
 OBSOLETE. Fallen into disuse. A term 
 applied to laws which, by change in condi- 
 tions or subject matter, or by long neglect, 
 have lost their efficacy without being re- 
 pealed. 
 
 A positive statute, unrepealed, can never 
 be repealed by nonuser alone. 4 Yeates 
 (Pa.) 181, 215; 1 P. A. Brovrae (Pa. App.) 
 28; 13 Serg. & R. (Pa.) 447. The disuse 
 of a law is at most only presumptive evi- 
 dence that society has consented to such a 
 repeal. However this presumption may 
 operate on an unwritten law, it cannot, in 
 general, act upon one which remains as a 
 legislative act on the statute book, because 
 no presumption can set aside a certainty. 
 A written law may indeed become obsolete 
 when the object to which it was intended 
 to apply, or the occasion for which it was 
 enacted, no longer exists. 1 P. A. Browne 
 (Pa. App.) 28. "It must be a very strong 
 case," says Chief Justice Tilghman, "to 
 justify the court in deciding that an act 
 standing on the statute book, unrepealed, 
 is obsolete and invalid. I will not say that 
 such case may not exist where there has 
 been a nonuser for a great number of 
 years, where, from a change of times and 
 manners, an ancient sleeping statute would 
 do great mischief if suddenly brought into 
 action, where a long practice inconsistent 
 with it has prevailed, and especially where, 
 from other and later statutes, it might be 
 inferred that in the apprehension of the 
 legislature the old one was not in force." 
 13 Serg. & R. (Pa.) 452; Rutherford, Inst, 
 bk. 2, c. 6, § 19; Merlin, Repert. "Desue- 
 tude." 
 
 OBSTA PRINCIPIIS. Withstand or resist 
 beginnings. 
 
 OBSTANTE. Withstanding; hindering. 
 See "Non Obstante." 
 
 OBSTRICTION. Obligation; bond. 
 
 OBTAIN. To get hold of; to obtain pos- 
 session of; to acquire; to maintain a hold 
 upon ; to keep ; to possess. 39 111. App. 662. 
 
 OBTEMPERANDUM EST CONSUETU- 
 dini rationabili tanquam legi. A reasonable 
 custom is to be obeyed like law. 4 Coke, 38. 
 
 OBTORTO COLLO (Lat.) In Roman law. 
 Taking by the neck or collar; as a plaintiff 
 was allowed to drag a reluctant defendant 
 to court. Adams, Rom. Ant. 242; Gilb. For. 
 Rom. 20. 
 
 OBTULIT SE (Lat. offered himself). In 
 old practice. The emphatic words of entry 
 on the record where one party offered him- 
 self in court against the other, and the lat- 
 ter did not appear. 1 Reeve, Hist. Eng. 
 Law, 417. 
 
 OBVENTIO (Lat. obvenire, to fall in). 
 
 In Civil Law. Rent or profit accru- 
 ing from a thing, or from industry. It is 
 generally used in the plural. 
 
 In Old English Law. The revenue of 
 
 spiritual living, so called. Cowell. Also, in 
 the plural, offerings. 2 Inst. 661. 
 
 OCASION, or OCCASION (Spanish). In 
 Spanish law. Accident. Las Partidas, pt. 3, 
 tit. 32, lib. 21; White, New Recop. bk. 2, tit. 
 9, c. 2. 
 
 OCCASIO (Law Lat.) In old English law. 
 Molestation; trouble; hindrance; vexation 
 by suit. Spelman; Carta de Foresta, c. 12; 
 Barr. Obs. St. 38, 39, note (k) . 
 
 OCCASION ARE (Law Lat.) In old prac- 
 tice. To trouble or molest; to vex or haress 
 vdth litigation. Spelman; Fleta, lib. 2, c. 
 66, ! 20; Cart. Conf, 49 Hen. III. 
 
 OCCASIONES (Law Lat.) In old Eng- 
 lish law. Assarts. Spelman. 
 
 OCCISION (Law Fr. from Lat. occisio, 
 from occidere, to kill) . A killing or slaying. 
 Murdre est occision de home. Britt. c. 6. 
 
 OCCULTATIO (Lat.) In old English law. 
 A hiding. Occultatio thesauri inventi fraud- 
 ulosa, the fraudulent concealment of treas- 
 ure trove.' Bracton, fol. H9b; 3 Inst. 133. 
 
 OCCUPANCY. The taking possession of 
 those things corporeal which are without an 
 owner, with an intention of appropriating 
 them to one's own use. 
 
 Pothler defines it to be the title by which 
 one acquires property In a thing which be- 
 longs to nobody, by taking possession of it 
 with design of acquiring it. Tr. du Dr. de 
 Propriete, note 20. The Civil Code of Loui- 
 siana (article 3375), nearly following Poth- 
 ler, defines occupancy to be "a mode of ac- 
 quiring property by which a thing which 
 belongs to nobody becomes the property of 
 
OCCUPANT, or OCCUPIER 
 
 T18 
 
 OFFA EXECRATA 
 
 the person who took possession of it with 
 an intention of acquiring a right of owner- 
 ship in it." 
 
 Sometimes used in the sense of actual pos- 
 session of things corporeal. 
 
 "Occupancy and possession, when applied 
 to land, are synonymous." 21 111. 178. 
 
 A distinction is sometimes made in the 
 use of "occupation" to indicate mere pos- 
 session and "occupancy" for the acquirement 
 of title by the taking of possession (Abbott) , 
 but it is not generally observed. 
 
 OCCUPANT, or OCCUPIER. One who 
 has the actual use or possession of a thing. 
 Occupancy implies tne exclusion of every 
 one else from enjoyment. 25 Barb. (N. Y.) 
 54. 
 
 Tenant in possession. 11 Abb. Pr. (N. 
 Y.) 97, 101. 
 
 OCCUPANTIS FIUNT DERELICTA. 
 
 Things abandoned become the property of 
 the first occupant. 1 Pet. Adm. (U. S.) 53. 
 
 OCCUPARE (Lat.) In the civil law. To 
 seize or take possession of; to enter upon a 
 vacant possession; to take possession before 
 another. Calv. Lex. 
 
 OCCUPATIO Lat. from occupare, to oc- 
 cupy). In the civil law. A taking posses- 
 sion of a thing which before belonged to no- 
 body (quod ante nullius est) ; as of wild 
 beasts and other wild animals, property and 
 persons captured in war, gems and other 
 things found upon the seashore, etc. Inst. 
 2. 1. 12.' 17. 18. See Fleta, lib. 3, c. 2. 
 
 OCCUPATION. That which occupies or 
 engages the time or attention; the principal 
 business of one's life; vocation; employ- 
 ment; calling; trade. 134 111. 234. See 
 "Occupancy." 
 
 OCCUPAVIT (Lat.) In old practice. The 
 name of a writ which lies to recover the 
 possession of lands when they have been 
 taken from the possession of the owner by 
 occupation. 
 
 OCCUR. In Its general and most popu- 
 lar sense the word "occur" means to "hap- 
 pen." When used in a contract limiting the 
 time within which an action may be brought 
 to a certain time after the happening of a 
 particular event, should be given the sense 
 of "accrue." 61 How. § 146; 91 111. 92. 
 
 OCCURRERE. (Lat.) To meet; to run 
 against; to stop, or bar. 
 
 OCCYS. (L. Fr. from Lat. occisus). 
 Slain; killed. Britt. c. 5. 
 
 OCHlERN (Scotch; Law Lat. ogetharius) . 
 In old Scotch law. A name of dignity and 
 of a freeholder. Skene de Verb. Sign. 
 
 OCHLOCRACY. A government where the 
 authority is in the hands of the multitude; 
 the abuse of a democracy. Vaumene, Diet, 
 du Language Politique. 
 
 OCTABIS (Law Lat. from octo, eight). In 
 old practice. The octave. Fleta, lib. 2, c. 
 35. See "Octave." 
 
 OCTAVE (Law Lat. utas) . In old Eng- 
 lish practice. The eighth day inclusive after 
 a feast. 3 Bl. Comm. 277, 
 
 OCTO TALES (Lat. eight such). If, when 
 a trial at bar is called on, the number of 
 jurors in attendance is too small, the trial 
 must be adjourned, and a decern or octo tales 
 awarded, according to the number deficient; 
 as, at common law, namely, a writ to the 
 sheriff to summon eight more such men as 
 were originally summoned. 3 Bl. Comm. 364. 
 
 OCTROI (Fr.) In old French law. Orig- 
 inally, a duty, which, by the permission of 
 the seigneur, any city was accustomed to 
 collect on liquors and some other goods, 
 brought within its precincts, for the con- 
 sumption of the inhabitants. Afterwards 
 appropriated to the use of the king. Steph. 
 Lect. p. 361. 
 
 ODHALL RIGHT. The same as "allo- 
 dial." 
 
 ODIO ET ATIA. See "De Odio et Atla." 
 
 ODIOSA ET INHONESTA NON SUNT 
 in lege praesumanda. Odious and dishonest 
 acts are not presumed in law. Co. Litt. 78; 
 6 Wend. (N. Y.) 228, 231; 18 N. Y. 295, 300. 
 
 ODIOSA NON PRAESUMUNTUR. Odi- 
 ous things are not presumed. Burr. Sett. 
 Cas. 190. 
 
 OECONOMICUS. An executor. 
 
 OECONOMUS (Lat.) In the civil law. A 
 manager or administrator. Calv. Lex. 
 
 OEPS, or OES (Law Fr.) Use. A nostre 
 oeps, to our use. Britt. c. 21; St. Westmin- 
 ster I. c. 48. A son oeps demesne. Dyer, 5. 
 See "Opus." 
 
 OF COUNSEL. A term applied to the 
 counsel employed by a party in a cause, or 
 whose name appears upon the papers. De- 
 rived probably from the Latin a consiliis (q. 
 V.) and expressed by the Law Latin de con- 
 silio (Law French de counsel). Dyer, 34b, 
 38. The modern phrase "of counsel for" a 
 party was formerly expressed "of counsel 
 with." "The counsellor should give his coun- 
 sel to him with whom he is of counsel." 5 
 Coke, 20. 
 
 OF COURSE. A term applied to those 
 acts in the course of a judicial proceeding 
 which may be done without leave of court, 
 or which will be granted by the court on 
 application without inquiry. 
 
 OF NEW. A Scotch expression, closely 
 translated from the Latin "de novo" (q. v.) . 
 
 OFFA EXECRATA (Law Lat.) In old 
 English law. The morsel of execration; the 
 corsned (q. v.).l Reeve, Hist. Eng. Law, 21 
 
OFFENSE 
 
 719 
 
 OFFICER DE FACTO 
 
 OFFENSE. In criminal law. The doing 
 that which a penal law forbids to be done, 
 or omitting to do what it commands. In 
 this sense, it is nearly synonymous with 
 "crime." In a more confined sense, it may 
 be considered as having the same meaning 
 with "misdemeanor;" but it differs from it 
 in this, that it is not indictable, but punish- 
 able summarily by the forfeiture of a pen- 
 alty. 1 Chit. Prac. 14. 
 
 OFFER„ The word offer is frequently 
 used by courts and text writers as synony- 
 mous with "tender," and it may properly be 
 so used with reference to articles capable 
 of manual delivery and actually produced. 
 But with respect to heavy articles of mer- 
 chandise, situated at a distance from the 
 place to which they must be transported if 
 restored to the vendor, the phrase "offer to 
 return" is more commonly or aptly applied 
 to express a willingness, or to make a pro- 
 posal, to rescind the contract and return the 
 goods. 156 111. App. 476. 
 
 OFFICE. A right to exercise a function 
 or employment, and take the fees and emol- 
 uments belonging to it. 3 Serg. & R. (Pa.) 
 149; 23 Ind. 449; 36 Miss. 273. 
 
 The term is ordinarily used with respect 
 to the power conferred on individuals to 
 exercise public functions, and in this con- 
 nection "public oflfice" is a more discriminat- 
 ing term. An "office" in this sense implies a 
 delegation of a part of the sovereign power 
 to an individual. See 3 Me. 481. 
 
 The office exists and survives as an en- 
 tity apart from the incumbent (28 Cal. 382; 
 29 Ohio St. 347), but it has been said that 
 the essence of the office is the power and 
 jurisdiction of the officer (62 Pa. St. 343). 
 
 Offices are either civil or military. Civil 
 offices are either executive, judicial, or legis- 
 lative. 
 
 OFFICE COPY. A. copy of a writing or 
 record made and certified or authenticated 
 by the officer legally intrusted with its cus- 
 tody or control. Such a copy is admissible 
 in evidence to prove the original. 1 Greenl. 
 Ev. § 507. 
 
 OFFICE FOUND. 
 
 In English Law. When an inquisi- 
 tion is made to the king's use of anything, 
 by virtue of office of him who inquires, and 
 the inquisition is found, it is said to be 
 "office found." ^ ^^ 
 
 In American Law. An action by the 
 
 state or national government, or its proper 
 officer, for the enforcement of escheat. 
 
 OFFICE GRANT. A conveyance made by 
 a public officer in certain cases, where the 
 owner is either unwilling or unable to exe- 
 cute the requisite deeds to pass title. See 3 
 Washb. Real Prop. *537. 
 
 OFFICER. The incumbent of an office. 
 The term is ordinarily applied to the in- 
 cumbent of a public office, though it may be 
 
 otherwise applied, as to the officer of a cor- 
 poration. 
 
 A public officer is one occupying a public 
 office, to whom a portion of the sovereign 
 power is delegated, and whose duties are 
 continuous in their nature, and prescribed 
 by law. 
 
 The distinction between an officer and a 
 government employee is that the duties of 
 the former are fixed by law, and not by con- 
 tract. 22 Conn. 379; 36 Miss. 273; 42 N. Y. 
 Super. Ct. 481. 
 
 -^—Executive Officers. Those whose du- 
 ties are mainly to cause the laws to be exe- 
 cuted. For example, the president of the 
 United States of America, and the several 
 governors of the different states, are execu- 
 tive officers. Their duties are pointed out 
 in the national constitution, and in the con- 
 stitutions of the several states. 
 
 Legislative Officers. Those whose du- 
 ties relate mainly to the enactment of laws, 
 such as members of congress and of the sev- 
 eral state legislatures. 
 
 These officers are confined in their duties, 
 by the constitution, generally to make laws ; 
 though sometimes, in cases of impeachment, 
 one of the houses of the legislature exercises 
 judicial functions somewhat similar to those 
 of a grand jury, by presenting to the other 
 articles of impeachment, and the other house 
 acts as a court in trying such impeachments. 
 The legislatures have, besides, the power to 
 inquire into the conduct of their members, 
 judge of their elections, and the like. 
 
 -— — Judicial Officers. Those whose duties 
 are to decide controversies between indi- 
 viduals, and accusations made in the name 
 of the public against persons charged with a 
 violation of the law. 
 
 Ministerial Officers. Those whose 
 duty it is to execute the mandates, lawfully 
 is.sued, of their superiors. 
 
 Military Officers. Those who have 
 command in the army. * 
 
 — I — Naval Officers. Those who are in 
 command in the navy. 
 
 OFFICER DE FACTO. One whose acts, 
 though not those of lawful officer, the law 
 upon principles of policy and justice will 
 hold valid so far as they -involve the inter- 
 ests of the public and third persons, where 
 the duties of the office were exercised, (1) 
 without a known appointment or election, 
 but under such circumstances of reputation 
 or acquiescence as were calculated to in- 
 duce people, vnthout inquiry, to submit to 
 or invoke his action, supposing him to be 
 the officer he assumed to be; (2) under 
 color of a known and valid appointment or 
 election, but where the officer had failed 
 to conform to some precedent requirement 
 or condition, as to take an oath, give a bond, 
 or the like; (3) under color of a known 
 election or appointment void because the 
 officer was not eligible, or because there 
 was a want of power in the electing or ap- 
 pointing body, or, by reason of some defect 
 ' or irregularity in its exercise, such ineligi- 
 
OFFICER DE JURE 
 
 720 
 
 OMISSIO 
 
 bility, want of power or defect, being un- 
 known to the public; (4) under color of 
 an election or appointment by. or pursuant 
 to a public unconstitutional law before the 
 same is adjudged to be such. 38 Conn. 449. 
 The most generally accepted of the short 
 definitions of the term is that of Lord Ellen- 
 borough: "An officer de facto is one who 
 has the reputation of being the officer he 
 assumes to be, and yet is not a good officer 
 in point of law." 6 East, 356. 
 
 OFFICER DE JURE. One having the 
 legal right to an office; generally applied to 
 such officers when not in possession of the 
 office. 
 
 OFFICIA JUDICIALIA NON CONCEDAN- 
 
 tur antequam vacent. Judicial offices ought 
 not to be granted before they are vacant. 
 11 Coke, 4. 
 
 OFFICIA MAGISTRATUS NON DEBENT 
 esse venal la. The offices of magistrates 
 ought not to be sold. Co. Litt. 234. 
 
 OFFICIAL. An officer (g. v.) 
 
 In Old Civil Law. The person who 
 
 was the minister of, or attendant upon, a 
 magistrate. 
 
 In Canon Law. The person to whom 
 
 the bishop generally commits the charge of 
 his spiritual jurisdiction bears this name. 
 Wood, Inst. 30, 505; Merlin, Repert. 
 
 OFFICIAL ACT. By an official act is not 
 simply meant a lawful act of the officer — it 
 means any act done by the officer in his 
 official capacity, under color and by virtue 
 of his office. 154 111. 601, 52 111. App. 345; 
 137 Mass. 191. 
 
 OFFICIAL BOND. The bond of a public 
 officer; though more loosely it is often ap- 
 plied to any bond legally required of one 
 exercising a given function, e. g., an execu- 
 tor's or trustee's bond. 
 
 OFFICIAL USE. An active use. Whar- 
 ton. 
 
 OFFICIARIIS NON FACIENDIS VEL 
 amovendis. A writ addressed to the magis- 
 trates of a corporation, requiring them not 
 to make such a man an officer, or to put one 
 out of the office he has until inquiry is 
 made of his manners, etc. Reg. Orig. 126. 
 
 OFFICINA JUSTITIAE. The workshop 
 or office of justice. 
 
 In English Law. The chancery is so 
 
 called, because all writs issue from it, under 
 the great seal, returnable into the courts of 
 common law. See "Court of Chancery." 
 
 OFFICIOUS WILL. A testament by 
 which a testator leaves his property to his 
 family. Sandars, Just. Inst. 207. See "In- 
 officious Testament." 
 
 OFFICIT CONATUS SI EFFECTUS 
 
 sequitur. The attempt becomes of conse- 
 quence if the effect follows. 
 
 OFFICIUM NEiVliNI DEBET ESSE DAM. 
 nosum. An office ought to be injurious to 
 no one. Bell, Diet. 
 
 OIL, Oile, Oyl, Oyel. (L. Fr.) Yes; yea. 
 Schard. The assent of the common^ in 28 
 Edw. III. Kelham. 
 
 Oil is a mineral and part of the realty. 
 Owing to its fugitive nature, a grant of oil 
 under the ground is a grant, not of the oil 
 in place in the earth, but of such oil as the 
 grantee may find there and save. 240 111. 
 367; 233 111. 12. See "Minerals." 
 
 01 R (Spanish; from Lat. audire, to 
 hear). In Spanish law. To hear; to take 
 cognizance. White, New Recop. bk. 3, tit. 1, 
 c. 7. 
 
 OLD STYLE. See "New Style." 
 
 OLD TENURES. The title of a small 
 tract, which, as its title denotes, contains an 
 account of the various tenures by which 
 land was holden in the reign of Edward III. 
 This tract was published in 1719, with notes 
 and additions with the eleventh edition of 
 the First Institutes, and reprinted in 8vo, 
 in 1764, by Serjeant Hawkins, in a Selec- 
 tion of Coke's Law Tracts. 
 
 OLERON, LAWS OF. A maritime code 
 promulgated by Eleanor, duchess of Guien- 
 ne, mother of Richard I., at the Isle of Ole- 
 ron, — whence their name. They were modi- 
 fied and enacted in England under Richard 
 I., and again promulgated under Henry III. 
 and Edward III., and are constantly quoted 
 in proceedings before the admiralty courts, 
 as are also the Rhodian Laws. Co. Litt. 2. 
 See Code, § 25. 
 
 OLIGARCHY (Gr. the government of a 
 few) . A name given to designate the power 
 which a few citizens of a state have usurped, 
 which ought by the constitution to reside 
 in the people. Among the Romans, the gov- 
 ernment degenerated several times into an 
 oligarchy; for example, under the decem- 
 virs, when they became the only magistrates 
 in the commonwealth. 
 
 OLOGRAPH. A term which signifies that 
 an instrument is wholly written by the par- 
 ty frflm whom it emanates. See Civ. Code 
 La. art. 1581; Civ. Code, 970; 5 TouUier, 
 Dr. Civ. note 357; 1 Stuart, K. B. 327; 2 
 Bouv. Inst, note 2139. 
 
 OLOGRAPHIC WILL. One that is en- 
 tirely written, dated and signed by the hand 
 of the testator himself. Belcher, 100 Cal. 
 207. 
 
 OM, or OMIVIE (Law Fr.) Man; a man or 
 person. Corrupted forms of "home" (g. v.) 
 Kelham. 
 
 OME BUENO (Spanish). In Spanish law. 
 A good man; a substantial person. Las Par- 
 tidas, pt. 5, tit. 13, lib. 38. 
 
 OMISSIO (Lat. from omittere). Omission; 
 a leaving out. 
 
OMISSIO KORUM QUAE 
 
 721 
 
 OMNIA PRAESUMUNTUR 
 
 OMISSIO EORUM QUAE TACITE IN- 
 sunt nihil operatur. The omission of those 
 things which are silently expressed is of no 
 consequence. 2 Bulst. 131. 
 
 OMISSION. Neglect to perform an act 
 required by law. 
 
 OMISSIS OMNIBUS ALUS NEGOTIIS 
 
 (Lat.) Laying aside all other businesses. 9 
 Bast, 347. 
 
 OMIT. To fall to use or to do; neglect; 
 disregard; to fail, forbear, neglect to men- 
 tion or to speak of; say nothing of; to leave 
 out; forbear, fail to assert or include, as 
 to omit an item from a list. 146 la. 360, 
 373; 140 Am. St. Rep. 282. 
 
 OMNE ACTUM AB INTENTIONE AGEN- 
 
 tis est judicandum. Every act is to be esti- 
 mated by the intention of the doer. Branch, 
 Princ. 
 
 OMNE CRIMEN EBRIETAS ET INCEN- 
 dit et deteglt. Drunkenness inflames and 
 reveals every crime. Co. Litt. 247. 
 
 OMNE JUS AUT CONSENSUS FECIT, 
 aut necessitas constituit, aut firmavit con- 
 suetudo. All law has either been derived 
 from the consent of the people, established 
 by necessity, or confirmed by custom. Dig. 
 1. 3. 40; Broom, Leg. Max. (3d London Ed.) 
 616, note. 
 
 OMNE MAGIS DIGNUM TRAHIT AD SE 
 minus dignum sit antiquius. Every worthier 
 • thing draws to it the less worthy, though 
 the latter be more ancient. Co. Litt. 355. 
 
 OMNE MAGNUM EXEMPLUM HABET 
 aliquld ex iniquo, quod publica utilitate 
 compensatur. Every great example has 
 some portion of evil, which is compensated 
 by its public utility. Hob. 279. 
 
 OMNE MAJUS CONTINET IN SE Mi- 
 nus. The greater contains In itself the 
 less. 5 'Coke, 115a; Wingate, Max. 206; 
 Story, Ag. § 172; Broom, Leg. Max. (3d 
 London Ed.) 173. 
 
 OMNE MAJUS DIGNUM CONTINET IN 
 se minus dignum. The more worthy con- 
 tains in itself the less worthy. Co. Litt. 143. 
 
 OMNE MAJUS MINUS IN SE COMPLEC- 
 tltur. Every greater embraces in itself the 
 minor. Jenk. Cent. Cas. 208. 
 
 OMNE PRINCIPALE TRAHIT AD SE 
 accessorium. Every principal thing draws 
 to itself the accessory. 17 Mass. 425; 1 
 Johns. (N. Y.) 580. 
 
 OMNE QUOD INAEDIFICATUR SOLO 
 
 cedlt. Everything belongs to the soil which 
 is built upon it. Dig. 41. 1. 7. 10; Id. 47. 8. 
 1; Inst. 2. 1. 29; Broom, Leg. Max. (3d Lon- 
 don Ed.) 355; Fleta, lib. 3, c. 2, § 12. 
 
 OMNE SACRAMENTUM DEBET ESSE 
 de certa scientia. Every oath ought to be 
 founded on certain knowledge. 4 Inst. 279. 
 
 OMNE TESTAMENTUM MORTE CON- 
 summatum est. Every will is consummat- 
 ed by death. 3 Coke, 29b; 4 Coke, 61b; 2 
 Bl. Comm. 500; Shep. Touch. 401. 
 
 OMNES ACTIONES IN MUNDO INFRA 
 certa tempera habent limitationem. All ac- 
 tions in the world are limited within cer- 
 tain periods. Bracton, 52. 
 
 OMNES HOMINES AUT LIBERI SUNT 
 aut servi. All men are freemen or slaves. 
 Inst. 1. 3. pr.; Fleta, lib. 1, c. 1, § 2. 
 
 OMNES LICENTIAM HABERE HIS 
 quae pro se induita sunt, renunclare. All 
 shall have liberty to renounce those things 
 which have been established in their favor. 
 Code, 2. 3. 29; Id. 1. 3. 51; Broom, Leg. 
 Max. (3d London Ed.) 625. 
 
 OMNES PRUDENTES, ILLA ADMIT- 
 tere sclent quae probantur iis qui In arte 
 sua bene versati sunt. All prudent men are 
 accustomed to admit those things which are 
 approved by those who are well versed in 
 the art. 7 Coke, 19. 
 
 OMNES SORORES SUNT QUASI UNUS 
 
 liaeres de una haereditate. All sisters are, 
 as it were, one heir to one inheritance. Co. 
 Litt. 67. 
 
 OMNIA DELICTA IN APERTO LEVIORA 
 
 sunt. All crimes committed openly are con- 
 sidered lighter. 8 Coke, 127. 
 
 OMNIA PERFORMAVIT (Lat. he has 
 done all) . In pleading. A good plea in bar 
 where all the covenants are in the aifirma- 
 tive. 1 Me. 189. 
 
 OMNIA PRAESUMUNTUR CONTRA 
 spoliatorem. All things are presumed 
 against a wrongdoer. Broom, Leg. Max. 
 (3d London Ed.) 843. 
 
 OMNIA PRAESUMUNTUR LEGITIME 
 facta donee probetur in contrarium. All 
 things are presumed to be done legitimately 
 until the contrary is proved. Co. Litt. 232. 
 
 OMNIA PRAESUMUNTUR RITE ESSE 
 acta. All things are presumed to be done 
 in due form. Co. Litt. 6. 
 
 OMNIA PRAESUMUNTUR RITE ET SO- 
 iem,niter esse acta. All things are pre- 
 sumed to have been rightly and regularly 
 done. Co. Litt. 232b; Broom, Leg. Max. (3d 
 London Ed.) 847; 12 C. B. 788; 3 Exch. 
 191; 6 Exch. 716. Omnia rite esse acta 
 praesumuntur. 11 Cush. (Mass.) 441; 2 
 Ohio St. 246, 247; 4 Ohio St. 148; 6 Ohio 
 St 293. 
 
 OMNIA^PRAESUMUNTUR RITE ET SO- 
 lemniter esse acta donee probetur in contra- 
 rium. All things are presumed to have been 
 done regularly and with due formality until 
 the contrary is proved. Broom, Leg. Max. 
 (3d London Ed.) 157, 849; 3 Bing. 381; 2 
 Campb. 44; 1 Cromp. & M. 461; 17 C. B. 
 
OMNIA PRAESUMUNTUE 
 
 722 
 
 ON ACCOUNT OF WHOM 
 
 183; 5 Bam. & Adol. 550; 12 Mees. & W. 
 251; 12 Wheat. (U. S.) i69, 70. 
 
 OMNtA PRAESUMUNTUR SOLEMNI- 
 ter esse acta. All things are presumed to 
 have been done rightly. Co. Litt. 6. 
 
 OMNIA QUAE JURE CONTRAHUNTUR, 
 contrario Jure pereunt. Obligations con- 
 tracted under a law are destroyed by a law 
 to the contrary. Dig. 50. 17. 100. 
 
 OMNIA QUAE SUNT UXORIS SUNT 
 Ipsius virl. All things which are the wife's 
 belong to the husband. Co. Litt. 112; 2 
 Kent, Comm. 130, 143. 
 
 OMNIBUS AD QUOS PRAESENTES 
 llterae pervenerint, salutem. To all to 
 whom the present letters shall come, greet- 
 ing. A form of address with which char- 
 ters and deeds were anciently commenced. 
 
 OMNIS ACTIO EST LOQUELA. Every 
 action is a complaint. Co. Litt. 292. 
 
 OMNIS CONCLUSIO BOM ET VERI JU- 
 dlcll sequltur ex bonis et veris praemissis 
 et dictis Juratorum. Every conclusion of a 
 good and true judgment arises from good 
 and true premises, and the verdicts of jur- 
 ors. Co. Litt. 226. 
 
 OMNIS CONSENSUS TOLLIT ERRO- 
 rem. Every consent removes error. 2 Inst. 
 123. 
 
 OMNIS DEFINITIO IN JURE CIVILI 
 perlculosa est, parum est enim ut non sub- 
 vert! possit. Every definition in the civil 
 law is dangerous, for there is very little that 
 cannot be overthrown. There 'S no rule in 
 the civil law which is not liable to some ex- 
 ception ; and the least difference in the facts 
 of the case renders its application useless. 
 Dig. 50. 17. 202; 2 Wooddeson, Lect. 196. 
 
 OMNIS DEFINITIO IN JURE PERICU- 
 losa est; parum est enim ut non subverti 
 posset. Every definition in law is perilous, 
 for it is within an ace of being subverted. 
 Dig. 50. 17. 202; 2 Wooddeson, Lect. 196. 
 
 OMNIS EXCEPTIO EST IPSA QUOQUE 
 regula. An exception is in itself also a 
 rule. 
 
 OMNIS INDEMNATU5 PRO INNOXIS 
 legibus habetur. Every uncondemned per- 
 son is held by the law as innocent. Lofft, 
 121. 
 
 OMNIS INNOVATIO PLUS NOVITATE 
 perturbat quam utilitate prodest. Every in- 
 novation disturbs more by its novelty than 
 it benefits by its utility. 2 Bulst. 338; 1 
 Salk. 20. 
 
 OMNIS INTERPRETATIO SI FIERI Po- 
 test ita fienda est in Instrumentis, ut omnes 
 contrarletates amoveantur. The interpreta- 
 tion of instruments is to be made, if they 
 will admit of it, so that all contradictions 
 may be removed. Jenk. Cent. Cas. 96. I 
 
 OMNIS INTERPRETATIO VEL DEC 
 larat, yel extendit, vel restringlt. Every in- 
 pretation either declares, extends, or re- 
 strains. 
 
 OMNIS NOVA CONSTITUTIO FUTURIS 
 formam imponere debet, non praeteritis. 
 Every new statute ought to prescribe a 
 form to future, not to past, acts. Bracton. 
 fol. 228; 2 Inst. 95. ' 
 
 OMNIS PERSONA EST HOMO, SED 
 non vicissim. Every person is a man, but 
 not every man a person. Calv. Lex. 
 
 OMNIS PRIVATIO PRAESUPPONIT 
 habitum. Every privation presupposes for- 
 mer enjoyment. Co. Litt. 339. 
 
 OMNIS QUERELA ET OMNIS ACTIO 
 injuriarum limitata est infra certa tempera. 
 Every plaint and every action for injuries 
 is limited w^thin certain times. Co.> Litt. 
 114. 
 
 OMNIS RATIHABITIO RETRO TRAHI- 
 
 tur et mandato aequiparatur. Every sub- 
 sequent ratification has a retrospective ef- 
 fect, and is equivalent to a prior command. 
 Co. Litt. 207a; Story, Ag. (4th Ed.) 102; 
 Broom, Leg. Max. (3d London Ed.) 715; 2 
 Bouv. Inst. 25; 4 Bouv. Inst. 26; 8 Wheat. 
 (U. S.) 363; 7 Exch. 726; 10 Exch. 845; 9 
 C. B. 532, 607; 14 C. B. 53. 
 
 OMNIS REGULA SUAS PATITUR EX- 
 
 ceptiones. Every rule of law is liable to its 
 own exceptions. 
 
 OMNIUM (Lat.) In mercantile law. A 
 term used to express the aggregate value 
 of the different stocks in which a loan is 
 usually funded. 2 Esp. 361; 7 Term R. 630. 
 
 OMNIUM CONTRIBUTIONE SARCIA- 
 tur quod pro omnibus datum est. What is 
 given for all shall be compensated for by the 
 contribution of all. 4 Bing. 121; 2 Marsh. 
 309. 
 
 OMNIUM RERUM QUARUM USUS 
 est, potest esse abusus, virtute sola excepta. 
 There may be an abuse of everything of 
 which there is a use, virtue only excepted. 
 Dav. 79. 
 
 ON. Where an act is to be done on a 
 particular day, the party has the whole of 
 that day in which to perform it. 14 111. 
 333. 
 
 When used as indicating relative situa- 
 tion or position, "on" means at, near, or 
 adjacent to, without implying contact or 
 support. 143 la. 297, 300. See "From." 
 
 ON ACCOUNT OF WHOM IT MAY CON- 
 cern, or For whom it may concern. A 
 clause in policies of insurance, under which 
 all are insured who have an insurable in- 
 terest at the time of effecting the insurance, 
 and who were then contemplated by the 
 party effecting the insurance. 2 Pars. Mar, 
 Law, 30. 
 
ON CALL 
 
 723 
 
 OPENING 
 
 ON CALL. On demand. 22 Grat. (Va.) 
 609. 
 
 ON DEMAND. When requested. A prom- 
 issory note payable "on demand" is payable 
 immediately without demand, i. e., is always 
 due. 
 
 ONCE IN JEOPARDY. See "Jeopardy." 
 
 ONE HUNDRED THOUSAND POUNDS 
 clause. A precautionary stipulation insert- 
 ed in a deed making a good tenant to the 
 praecipe in a common recovery. See 1 Prest. 
 Conv. 110. 
 
 ONERANDO PRO RATA PORTIONIS. A 
 
 writ that lay for a joint tenant or tenant in 
 common who was distrained for more rent 
 than his proportion of the land comes to. 
 Reg. Orig. 182. 
 
 ONERARI NON (Lat. ought not to be 
 burdened). In pleading. The name of a 
 plea by which the defendant says that he 
 ought not to be charged. It is used in an 
 action of debt. 1 Saund. 290, note (a). 
 
 ONERATUR NISI. See "O. Ni." 
 
 ONERIS FERENDI (Lat. of bearing a 
 burden). In civil law. The name of a 
 servitude by which the wall or pillar of one 
 house is bound to sustain the weight of the 
 buildings of the neighbor. 
 
 The owner of the servient building is 
 bound to repair, and keep it suflSciently 
 strong for the weight it has to bear. Dig. 
 8. 2. 23; 2 Bouv. Inst, note 1627. 
 
 ONEROUS. A contract, lease, share, or 
 other right is said to be "onerous" when 
 the obligations attaching to it counterbal- 
 ance or exceed the advantage to be derived 
 from it, either absolutely or with reference 
 to the particular possessor. Rapalje & L. 
 
 ONEROUS CAUSE. In civil law. A val- 
 uable consideration. 
 
 ONEROUS CONTRACT. In civil law. 
 One made for a consideration given or 
 promised, however small. Civ. Code La. 
 art. 1767. 
 
 ONEROUS DEED. In Scotch law. A 
 deed given for valuable consideration. Bell, 
 Diet. See "Consideration." 
 
 ONEROUS GIFT. The gift of a thing 
 subject to certain charges imposed by the 
 giver on the donee. Poth. Obi. 
 
 ONOMASTIC. A term applied to a sig- 
 nature which is in a different handwriting 
 from the body of the instrument. 2 Benth. 
 Jud. Ev. 460, 461. 
 
 ONUS PROBANDI (Lat.) In evidence. 
 The burden of proof. 
 
 OPE CONSILIO (Lat.) By aid and coun- 
 sel. A civil law term applied to acces- 
 sories, similar in import to the "aiding and 
 
 abetting" of the common law. Often writ- 
 ten "ope et consilio," 
 
 OPEN A CREDIT. To accept or pay the 
 draft of a correspondent who has not fur- 
 nished funds. Pardessus, note 296. 
 
 OPEN ACCOUNT. A running or unset- 
 tled account. 
 
 OPEN CORPORATION. One in which all 
 members have a vote to choose officers, as 
 distinguished from a "close corporation," 
 wherein the officers fill vacancies. 3 Bland, 
 Ch. (Md.) 416, note. 
 
 The latter term in common use means 
 that all stock is closely held, usually by a 
 few persons, so that no one else can, by 
 purchase of shares, obtain a voice in the 
 policy of the corporation. 
 
 OPEN COURT. A court formally opened 
 and engaged in the transaction of all judi- 
 cial functions. 
 
 A court to which all persons have free 
 access as spectators while they conduct 
 themselves in an orderly manner. 
 
 The term is used in the first sense as 
 distinguishing a court from a judge sitting 
 in chambers or informally for the transac- 
 tion of such matters as may be thus trans- 
 acted. See "Chambers;" "Court." 
 
 In the second sense, all courts in the 
 United States are open; but in England, 
 formerly, while the parties and probably 
 their witnesses were admitted freely in the 
 courts, all other persons were required to 
 pay in order to obtain admittance. St. 13 
 Edw. I. cc. 42, 44; Barr. Obs. St. 126, 127. 
 See Princ. Pen. Law, 165. 
 
 OPEN DOORS. In Scotch law. "Letters 
 of open doors" are process which empower 
 the messenger or officer of the law to break 
 open doors of houses or rooms in which the 
 debtor has placed his goods. Bell, Diet. 
 
 OPEN LAW. The trial by duel or ordeal. 
 See "Lex Manifesta." 
 
 OPEN POLICY. An open policy is one in 
 which the amount of the interest of the in- 
 sured is not fixed by the policy, and is to be 
 ascertained in case of loss. See "Policy." 
 
 OPEN THEFT. In Saxon law. The same 
 with the Latin furtum manifestum (g. v.) 
 
 OPENING. 
 
 In American Practice. The begin- 
 ning; the commencement; the first address 
 of the counsel. The opening is made imme- 
 diately upon the impaneling of the jury. It 
 embraces the reading of such of the plead- 
 ings as may be necessary, and a brief out- 
 line of the case as the party expects to 
 prove it, where there is a trial, or of the 
 argument, where it is addressed to the 
 court. 
 
 In English Practice. The address 
 
 made immediately after the evidence is 
 closed. Such address usually states, first, 
 the full extent of the plaintiff's claims, and 
 the circumstances under which they are 
 
OPENING A COMMISSION 
 
 724 
 
 OPINIO QUAE PAVET 
 
 made, to show that they are just and reas- 
 onable; second, at least an outline of the 
 evidence by which those claims are to be 
 established; third, the legal grounds and 
 authorities in favor of the claim or of the 
 proposed evidence; fourth, an anticipation 
 of the expected defense, and statement of 
 the grounds on which it is futile, either in 
 law or justice, and the reasons why it ought 
 to fail. But the court will sometimes re- 
 strict counsel from an anticipation of the 
 defense. 3 Chit. Prac. 881; 3 Bouv. Inst, 
 note 3044 et seq. 
 
 OPENING A COMMISSION. An entering 
 upon the duties under a commission, or 
 commencing to act under a commission, is 
 so termed. Thus, the judges of assize and 
 nisi prius derive their authority to act un- 
 der or by virtue of commissions directed to 
 them for that purpose; and, when they 
 commence acting under the powers so com- 
 mitted to them, they are said to open the 
 commissions'; and the day on which they 
 so commence their proceedings is thence 
 termed the "commission day of the assizes." 
 _ Brown. 
 
 OPENING A JUDGMENT. Taking off the 
 bar of finality so as to permit the recon- 
 sideration of the judgment and of the cause 
 on which it was founded. It does not abro- 
 gate the judgment, as does "vacation of 
 judgment." 
 
 OPENING A POLICY OF INSURANCE. 
 
 The question has been made whether, and 
 in what cases, if any, the valuation in a 
 valued policy shall be opened. The valua- 
 tion, being a part of the agreement of the 
 parties, is not to be set aside as between 
 them in any case. The question is, how 
 shall it be treated where only a part of the 
 subject insured and valued is put at a 
 risk, and also in the settlement of a par- 
 ticular average? and the answer is the 
 same in both cases, viz., when the propor- 
 tion or rate per centum put at risk or loss 
 is ascertained, the agreed valuation of the 
 whole is to be applied to the part put at 
 risk, or the proportion lost, pro rata. 2 
 Phil. Ins. 1203. 
 
 OPENING A RULE. The act of restoring 
 or recalling a rule which has been made 
 absolute to its conditional state, as a rule 
 nisi,_ so as to readmit of cause being shown 
 against the rule. Thus, when a rule to 
 show cause has been made absolute under 
 a mistaken impression that no counsel had 
 been instructed to show cause against it, 
 it is usual for the party at whose instance 
 the rule was obtained to consent to have the 
 rule opened, by which all the proceedings 
 subsequent to the day when cause ought to 
 have been shown against it are in effect 
 nullified, and the Tule is then argued in the 
 ordinary way. Brown. 
 
 OPENING BIDDINGS. Ordering a resale. 
 When estates are sold under decree of 
 equity to the highest bidder, the court will. 
 
 on notice of an offer of a sufiicient advance 
 on the price obtained, open the biddings, 
 i. e., order a resale; but this will not gen- 
 erally be done after the confirmation of 
 the certificate of the highest bidder. So, by 
 analogy, a resale has been ordered of an 
 estate sold under bankruptcy. Sugd. Vend. 
 90; 22 Barb. (N. Y.) 167; 8 Md. 322; 9 Md. 
 228; 13 Grat. (Va.) 639; 4 Wis. 242; 31 
 Miss. 514. 
 
 OPENING THE PLEADINGS. Making 
 an opening statement to the jury of the 
 issues at the beginning of a trial. 
 
 OPERARIUS (Law Lat. from opus, 
 work). In old English law. A workman 
 or laborer. Pleta, lib. 2, c. 73, § 4. 
 
 OPERATION OF LAW. A term applied 
 to indicate the manner in which a party 
 acquires rights without any act of his own, 
 as, the right to an estate of one who dies 
 intestate is cast upon the heir at law, by 
 operation of law. When a lessee for life 
 enfeoffs him in reversion, or when the 
 lessee and lessor join in a feoffment, or 
 when a lessee for life or years accepts a 
 new lease or demise from the lessor, there 
 is a surrender of the first lease by opera- 
 tion of law. 5 Barn. & C. 269; 9 Barn. & 
 C. 298; 2 Barn. & Adol. 119; 5 Taunt. 518. 
 See "Descent;" "Purchase." 
 
 OPERATIVE. A workman; one employed 
 to perform labor for another. See 2 Cush. 
 (Mass.) 371. 
 
 OPERATIVE PART. In a written instru- 
 ment, that which carries out the main ob- 
 ject of the instrument, as distinguished 
 from the recitals, formal conclusion, etc. 
 Sometimes everything that follows the re- 
 citals is called the operative part. 
 
 OPERATIVE WORDS. Those by which 
 the purpose of an instrument is effected. 
 Generally applied to those words in a deed 
 by which an estate is passed, viz., "grant," 
 "quitclaim," "demise," "bargain and sell," 
 etc. 
 
 OPERIS NOVI NUNTIATIO. In the civil 
 law. A protest or warning against (of) a 
 new work. Dig. 39. 1. 
 
 OPINIO EST DUPLEX, SCILICET, 
 opinio vulgaris, orta inter graves et discre- 
 tes, et quae vultum veritatis habet, et 
 opinio tantum orta inter leves et vulgares 
 homines, absque specie veritatis. Opinion 
 is of two kinds, namely, common opinion, 
 which springs up among grave and dis- 
 creet men, and which has the appearance 
 of truth, and opinion which springs up only 
 among light and foolish men, without the 
 semblance of truth. 4 Coke, 107. 
 
 OPINIO QUAE FAVET TESTAMENTO 
 est tenenda. That opinion is to be followed 
 which favors the will. 
 
OPINION 
 
 725 
 
 OPTOMETRY 
 
 OPINION. 
 
 In Evidence. An inference or conclu- 
 sion stated by a witness, as distinguished 
 from a statement of matters of fact. 
 
 In Practice. The statement o£ rea- 
 sons delivered by a judge or court for giv- 
 ing the judgment which is pronounced upon 
 a case. The judgment itself is sometimes 
 called an opinion, and sometimes the opin- 
 ion is spoken of as the judgment of the 
 court. 
 
 A declaration, usually in writing, made 
 by a counsel to his client of what the law 
 is, according to his judgment, on a state- 
 ment of facts submitted to him. 
 
 An opinion is in both the above cases a 
 ■decision of what principles of law are to be 
 applied in the particular case, with the dif- 
 ference that judicial opinions pronounced 
 by the court are law and of authority, while 
 the opinions of counsel, however eminent, 
 are merely advice to his client or argument 
 to the court. 
 
 OPORTET (Lat.) It behooves; it is need- 
 ful or necessary. Oportebit (the future 
 form) had, in the civil law, the sense of 
 oportet. Dig. 50. 16. 8. And as to the 
 meaning of oportere, see Dig. 50. 16. 
 
 OPORTET QUOD CERTA RES DEDU- 
 catur in donationem. It is necessary that a 
 certain thing be brought into the gift, or 
 made the subject of the conveyance. Brac- 
 ton, fol. 15b. 
 
 OPORTET QUOD CERTA RES DEDU- 
 
 catur in judicium. A thing, to be brought to 
 judgment, must be certain or definite. Jenk. 
 Cent. Cas. 84; Bracton, fol. 15b. 
 
 OPORTET QUOD CERTA SIT RES 
 
 quae venditur. A thing, to be sold, must be 
 certain or definite. 
 
 OPORTET QUOD CERTAE PERSONAE, 
 terrae, et certi status, comprehendantur in 
 declaratione usuum. It Is necessary that 
 certain persons, lands, and estates be com- 
 prehended in a declaration of uses. 9 Coke, 
 9. 
 
 OPP'. A contraction of obtulit or optulit, 
 in the old books. A. opp' see versus B. 
 quarto die, A. offered himself against B. 
 on the fourth day. Fleta, lib. 2, c. 65, 
 § 11; Id. c. 67, § 2. 
 
 OPPIDUM (Lat.) A town. Dig. 50. 16. 
 239. 7. 
 
 OPPIGNERARE (Lat.) In the civil law. 
 To pledge. Calv. Lex. 
 
 OPPOSER (Law Lat. oppositor). In old 
 English law. An officer in the court of 
 exchequer. See "Foreign Apposer." Some- 
 times treated as a corrupted form of appo- 
 ser {q. v.), but there are good reasons for 
 considering it as the genuine word. 
 
 OPPOSITA JUXTA SE POSITA MAGIS 
 elucescunt. Opposites placed next each 
 
 other appear in a clearer light. 4 Bac. 
 Works, 256, 268, 353. 
 
 OPPOSITION. In bankruptcy practice. 
 The act of a creditor who declares his dis- 
 sent to a debtor's being discharged under 
 the bankrupt laws. 
 
 OPPRESSION. The act of an officer in 
 inflicting upon any person, with improper 
 motive, any bodily harm, imprisonment, or 
 other injury, not constituting extortion. 
 Steph. Dig. art. 119; 4 Q. B. 475. 
 
 OPTIiVIA ENIiVl EST LEGIS INTERPRES 
 
 consuetude. Usage is the best interpreter 
 of law. 2 Inst. 18; Broom, Leg. Max. (3d 
 London Ed.) 823. 
 
 OPTIIVIA EST LEX, QUAE MINIiVIUM 
 reiinquit arbitriO' judicis. That is the best 
 system of law which confides as little as 
 possible to the discretion of the judge. Bac. 
 Aph. 46. 
 
 OPTIMA STATUTI INTERPRETATRIX 
 est (omnibus particulis ejusdem inspectis) 
 ipsum statutum. The best interpretress of 
 a statute is (all the separate parts being 
 considered) the statute itself. 8 Coke, 117; 
 Wingate, Max. 239, max. 68. 
 
 OPTIMAM ESSE LEGEM, QUAE MINI- 
 mum reiinquit arbitrio judicis; id quod cer- 
 titude ejus praestat That law is the best 
 which leaves the least discretion to the 
 judge; and this is an advantage which re- 
 sults from its certainty. Bac. Aph. 8. 
 
 OPTIMUS INTERPRES RERUM USUS. 
 Usage is the best interpreter of things. 2 
 Inst. 282. 
 
 OPTIMUS INTERPRETANDI MODUS 
 est sic iegis interpretare ut leges leglbus 
 accordant The best mode of interpreting 
 laws is to make them accord. 8 Coke, 169. 
 
 OPTIMUS JUDEX, QUI MINIMUM SIBI. 
 He is the best judge who relies as little as 
 possible on his own discretion. Bac. Aph. 
 46. 
 
 OPTIMUS LEGUM INTERPRES CON- 
 
 suetudo. Custom is the best interpreter of 
 laws. 4 Inst. 75; 2 Pars. Cont. 53. 
 
 OPTION. A right of choice or election. 
 Sometimes applies specifically to contracts 
 whereby one purchases the right for a cer- 
 tain time, at his election, to demand and 
 receive or to deliver property at a stated 
 price. See "Gambling Contract." 
 
 OPTIONAL WRIT. An original writ in 
 the alternative, commanding either to do a 
 thing, or show cause why it has not been 
 done. 3 Bl. Comm. 274; Finch, Law, 257. 
 
 OPTOMETRY. The employment of sub- 
 jective and objective mechanical means to 
 determine the accommodative and refrac- 
 tive states of the eye and the scope of its 
 functions in general; the employment of 
 
OPTULIT 
 
 726 
 
 ORDEAL 
 
 any means, other than the use of drugs, for 
 the measurement of the powers or range of 
 human vision and the adaptation of lenses 
 or frames for the aid thereof; measure- 
 ment of the powers of vision in general, 
 as acuteness, of perception of form and 
 color or the extent of the field. 280 111. 21. 
 
 OPTULIT. An old form of obtulit, used 
 in Bracton, Bracton, fols. 354, 354b. 
 
 OPUS (Lat. and Law Lat.) In civil and 
 old English law. Work; labor; benefit; 
 advantage. This word seems to have been 
 framed from the Law French oeps (q. v.) 
 
 A thing made or done by labor. 
 
 OPUS LOCATUM (Lat.) In civil law. A 
 work, i. e., the result of work, let to another 
 to be used. A work, i. e., something to be 
 completed by work, hired to be done by an- 
 other. Vicat, "Opus," "Locare;" L. 51, § 1, 
 D. "Locat.;" L. 1, § 1, D. ad leg. Rhod. 
 
 OPUS MAGNIFICIUM (or MANIFICIUM) 
 (from Lat. opus, work; manus, hand). In 
 old English law. Manual labor. Fleta, lib. 
 2, c. 48, §3. 
 
 OPUS NOVUM. In civil law. A new 
 work. A new (i. e., late or recent) con- 
 struction on land, or alteration in works 
 already there. Dig. 39. 1. 1. 11. 
 
 OR. Ordinarily a disjunctive particle. 249 
 111. 117; 99 111. 560. To further the intent 
 of the parties, however, it has often been 
 construed as conjunctive. 98 U. S. 143; 
 30 Ohio St. 407; 36 Wis. 466; 3 Gill (Md.) 
 492; 1 Yeates (Pa.) 316; 14 Daly (N. Y.) 
 361; 55 111. 239; 181 111. App. 715. 
 
 It is sometimes used also to introduce a 
 synonymous or further expression in ex- 
 planation of what precedes. 91 U. S. 362; 
 8 Mass. 59. 
 
 The usual province of the word is to 
 disjoin the parts of a sentence, and while 
 it suggests an alternative it also denotes 
 opposition. 54 N. J. Law, 133. 
 
 Used in its ordinary and disjunctive 
 sense, it corresponds with either, "meaning 
 one or the other of two, hut, not both." 143 
 111. 100. 
 
 The word "or" is often construed "and," 
 and vice versa, to further the intent of the 
 parties in legacies, devises, deeds, bonds 
 and writings. 213 111. 130; 249 111. 117. 
 
 In such cases it may usually be deter- 
 mined from the context that the wrong 
 word was mistakenly used. 51 L. J. Q. B. 
 567; 9 Q. D. B. 643. 
 
 Instances in which "or" should be read 
 "and." 2 Ves. 243; 6 D. & R. 257; 30 L. J. 
 M. C. 245; 10 C. B. N. S. 317; 21 L. J. 
 Ch. 434; 2 Sim. N. S. 212; 6 Ir. Eq. Rep. 
 118. 
 
 Instances in which "and" should not be 
 read "or." 3 Rep. 80a; 12 East, 228; 26 
 L. J. Ch. 473; 6 H. L. Ca. 61; 28 Bea. 440; 
 L. R. 11 Eq. 514; 40 L. J. Ch. 355; L. R. 
 2 Eq. 400; 33 L. J. Ch. 279; 33 Bea. 353; 
 
 22 L. J. Ex. 144; 8 Ex. 578; L. R. 1 Eq. 
 675. 
 
 "Or" sometimes means "nor." 51 L. J. 
 M. C. 22; 8 Q. D. B. 445. 
 
 ORACULUM (Lat.) In civil law. The 
 name of & kind of decision given by th6 Ro- 
 man emperors. 
 
 ORAL. Spoken, in contradistinction to 
 written; as, oral evidence, which is evi- 
 dence, delivered verbally by a witness. 
 
 ORANDO PRO REGE ET REGNO. An 
 
 ancient writ which issued, while there was 
 no standing collect for a sitting parliament, 
 to pray for the peace and good government 
 of the realm. 
 
 ORATIO SIGNIFICATIVA. (Lat.) In 
 old English law. The meaning of an in- 
 strument, as distinguished from the mere 
 letters (literoe) in which it was written. 
 Fleta, lib. 2, c. 56, § 20. 
 
 ORATOR. 
 
 In Chancery Practice. The party 
 
 who files a bill. 
 
 In Roman Law. An advocate. Code 
 
 1. 3. 33. 1. 
 
 ORATRIX. The feminine form of "ora- 
 tor." 
 
 ORCINUS LIBERTUS (Lat.) In Roman 
 law. A freedman who obtained his liberty 
 by the direct operation of the will or tes- 
 tament of his deceased master was so called, 
 being the freedman of the deceased (ord- 
 nus), not of the haeres. Brown. 
 
 ORDAIN. To ordain is to make an ordi- 
 nance, to enact a law. 
 
 The preamble to the constitution of the 
 United States declares that the people "do 
 ordain and establish this constitution for the 
 United States of America." The third ar- 
 ticle of the same constitution declares that 
 "the judicial power shall be vested in one 
 supreme court, and in such inferior courts 
 as the congress may from time to time or- 
 dain and establish." See 1 Wheat. (U. S.) 
 304, 324; 4 Wheat. (U. S.) 316, 402. 
 
 ORDAINED. When the word is applied to 
 a clergymen, it means, that he has been in- 
 vested with ministerial functions, or sacer- 
 dotal power. 4 Conn. 139. 
 
 ORDEAL. An ancient superstitious mode 
 of trial. 
 
 When in a criminal case the accused was 
 arraigned, he might select the mode of trial 
 either by God and his country,— that is, by 
 jury,— or by God only,— that is, by ordeal. 
 
 The trial by ordeal was either by fire or 
 by water. Those who were tried by the for- 
 mer passed barefooted and blindfolded over 
 nine hot, glowing ploughshares, or were to 
 carry burning irons in their hands, and ac- 
 cordingly as they escaped or not they were 
 acquitted or condemned. The water ordeal 
 was performed either in hot or cold water. 
 
ORDEFFE 
 
 727 
 
 ORDINANCE OF THE FOREST 
 
 In cold water, the parties suspected were 
 adjudged Innocent if their bodies were not 
 borne u^ by the water contrary to the course 
 of nature; and if, after putting their bare 
 arms or legs into scalding water, they came 
 out unhurt, they were taken to be innocent 
 of the crime. It was supposed that God 
 would, by the mere contrivance of man, ex- 
 ercise his power in favor of the innocent. 4 
 Bl. Comm. 842; 2 Am. Jur. 280. For a de- 
 tailed account of the trial by ordeal, see 
 Herbert, Ant. Inns of Court, 146. 
 
 ORDEFFE. A liberty whereby one claims 
 ore found on his own land. 
 
 ORDENAMIENTO (Spanish). In Spanish 
 law. An order emanating from the sover- 
 eign, and differing from a cedula only in 
 form, and in the mode of its promulgation. 
 Schmidt, Civ. Law, Introd. 93, note. 
 
 ORDENAMIENTO DE ALCALA (Span- 
 ish). A collection of Spanish law, promul- 
 gated by the Cortes in the year 1348. 
 Schmidt, Civ. Law, Introd. 75. 
 
 ORDER. Command; direction. 
 
 An informal bill of exchange or letter of 
 request requiring the party to whom it is 
 addressed to deliver property of the person 
 making the order to some one therein de- 
 scribed. 
 
 A designation of the person to whom a 
 bill of exchange or negotiable promissory 
 note is to be paid. 
 
 This order, in the case of negotiable paper, 
 is usually by indorsement, and may be either 
 express, as, "Pay to C. D.," or implied mere- 
 ly, as by writing A. B. (the payee's name). 
 See "Indorsement." 
 
 In French Law. The act by which 
 
 the rank of preferences of claims, among 
 creditors who have liens over the price 
 which arises out of the sale of an immov- 
 able subject, is ascertained. Dalloz. 
 
 In Governmental Law. By this expres- 
 sion is understood the several bodies which 
 compose the state. In ancient Rome, for ex- 
 ample, there were three distinct orders, 
 namely, that of the senators, that of the pa- 
 tricians, and that of the plebeians. In the 
 United States there are no orders of men; 
 all men are equal in the eye of the law. See 
 "Rank." 
 
 ORDER NISI. A conditional order, which 
 is to be confirmed unless something be done, 
 which has been required, by a time specified. 
 Eden, Inj. 122. See "Nisi." 
 
 ORDER OF FILIATION. The judgment 
 rendered in a bastardy proceeding, whereby 
 a certain man is adjudged the -father of a 
 bastard child. 
 
 ORDER OF HARUGARI. An order com- 
 posed of German-speaking persons, whose 
 general object is to preserve and spread the 
 German language wherever the order exists, 
 to facilitate and promote the intellectual 
 and material welfare of, its members and 
 
 improve and elevate social conditions among 
 German families. 
 
 ORDERS OF THE DAY. Any member of 
 the English house of commons who wishes 
 to propose any question, or to "move the 
 house," as it is termed, must, in order to 
 give the house due notice of his intention, 
 state the form or nature of his motion on a 
 previous day, and have it entered in a 
 book termed the "order book;" and the mo- 
 tions so entered, the house arranges, shall 
 be considered on particular days, and such 
 motions or matters, when the day arrives 
 for their being considered, are then termed 
 the "orders" of the day." Brown; May, Pari. 
 Prac. 
 
 ORDINANCE. 
 
 In Modern Usage. A law passed by 
 
 the legislative body of a municipal corpora- 
 tion for the government of such municipal- 
 ity. 117 Ind. 221. 
 
 In Old Law. The term was applied to 
 
 laws of other than municipal bodies. 
 
 The following account of the difference 
 between a statute and an ordinance is ex- 
 tracted from Bac. Abr. "Statute" (A) : 
 "Where the proceeding consisted only of a 
 petition from parliament and an answer 
 from the king, these were entered on the 
 parliament roll; and if the matter was of a 
 public nature, the whole was then styled an 
 'ordinance.' If, however, the petition and 
 answer were not only of a public, but a 
 novel, nature, they were then formed 
 into an act by the king, with the aid of his 
 council and judges, and entered on the stat- 
 ute roll." See Co. Litt. 159b, Butler's note; 
 3 Reeve, Hist. Eng. Law, 146. 
 
 According to Lord Coke, the difference 
 between a statute and an ordinance is that 
 the latter has not had the assent of the 
 king, lords, and commons, but is made mere- 
 ly by two of these powers. 4 Inst. 25. See 
 Barr. Obs. St. 41, note (x). 
 
 It is distinguished from a "resolution" by 
 the same body by the fact that an ordinance 
 prescribes a permanent rule of government, 
 while a resolution is of a temporary charac- 
 ter. 11 Ohio St. 96; 114 Ind. 336; 174 111. 
 445; 184 111. 51; 262 111. 396. Thus matters 
 upon which a city council wishes to leg- 
 islate must be put in the form of an 
 ordinance, but all acts that are done in its 
 ministerial capacity may be in the form of 
 resolutions. Resolutions are special and 
 temporary, applicable only to a single mat- 
 ter of passing moment; ordinances are 
 permanent regulations, applicable to all 
 states of facts thereafter arising within the 
 scope of their provisions. 186 111. 571. 
 
 Certain enactments in the nature of con- 
 stitutions have also been referred to as or- 
 dinances, as, for example, the "ordinance for 
 the government of the Northwest "Terri- 
 tory," passed by congress in 1787. 
 
 ORDINANCE OF THE FOREST. In 
 English law. A statute made touching mat- 
 
ORDINANDI LEX 
 
 728 
 
 ORE TENUS 
 
 ters and causes of the forest. 33 & 34 
 Edw. I. 
 
 ORDINANDI LEX. The law of proce- 
 dure, as distinguished from the substantial 
 part of the law. 
 
 0RDINARIU8 ITA DICITUR QUIA HA- 
 bet ordlnarlam Jurlsdictionem, In jure pro- 
 prlo, et not! propter deputatlonem. The 
 ordinary is so called because he has an or- 
 dinary jurisdiction in his own right, and not 
 a deputed one. Co. Litt. 96. 
 
 ORDINARY. In ecclesiastical law. An 
 officer who, has original jurisdiction in his 
 own right, and not by deputation. 
 
 In England, the ordinary is an officer who 
 has immediate jurisdiction in ecclesiastical 
 causes. Co. Litt. 344. 
 
 In the United States, the ordinary pos- 
 sesses, in those states where such officer ex- 
 ists, powers vested in him by the constitu- 
 tion and acts of the legislature. In South 
 Carolina, the ordinary is a judicial officer. 
 1 Const. (S. C.) 267; 2 Const. (S. C.) 884. 
 
 ORDINARY CARE. Such a degree of 
 care, skill and diligence as men of ordinary 
 prudence, under similar circumstances, usu- 
 ally employ (31 Pa. St. 512; 3 Mass. 132; 2 
 Wis. 316; 23 Conn. 443; 28 Vt. 150; 9 N. Y. 
 416), and is to be determined with refer- 
 ence to all the attendant circumstances of 
 the transaction (35 N, Y. 27; 47 Super. Ct. 
 292, 296). 
 
 ORDINARY CONVEYANCES. Those 
 deeds of transfer which are entered into be- 
 tween two or more persons, without an as- 
 surance in a superior court of justice. 
 
 ORDINARY COURSE OF BUSINESS. 
 The rules or questions prevailing in busi- 
 ness generally, or in a particular business. 
 See 14 Q. B. Div. 386. 
 
 ORDINARY DILIGENCE. The degree 
 which men of ordinary prudence generally 
 exercise. 
 
 ORDINARY NEGLIGENCE. Absence of 
 ordinary care (q-v.) 
 
 ORDINARY OF ASSIZE AND SESSIONS. 
 In old English law. A deputy of the bishop 
 of the diocese, anciently appointed to give 
 malefactors their neck verses, and judge 
 whether they read or not; also to perform 
 divine services for them, and assist in pre- 
 paring them for death. Wharton. 
 
 ORDINARY OF NEWGATE. The clergy- 
 man who is attendant upon condemned male- 
 factors in that prison to prepare them for 
 death. He records the behavior of such per- 
 sons. Formerly it was the custom of the 
 ordinary to publish a small pamphlet upon 
 the execution of any remarkable criminal. 
 Wharton. 
 
 ORDINARY SKILL. Such skill as a per- 
 son conversant with the matter undertaken 
 
 might be reasonably supposed to have. 11 
 Mees. & W. 113; 20 Mart. (La.) 68, 75; 1 H 
 Bl 158, 161; 6 Ga. 213, 219; 8 B.'Mon! 
 M^-l^.^^^,? ^.^''^- (^- ^-^ 380: 13 Johns. 
 ^^•■,^•1 ^^^'' J^^"^""^^' 2060; 3 Campb. 
 lU 1^5 J ^"- ^ P- 289; 6 Bing. 460; 2 Bing 
 -(N. C.) 625; 16 Serg. & R. (Pa.) 368; fs 
 Mass. 816; 15 Pick. (Mass.) 440; 2 Gush. 
 (Mass.) 816; 8 Car & P. ^479; 3 Campb. 
 451; 4 Bam. & C. 345. 
 
 ORDINATION. The act of conferring the 
 orders of the church upon an individual. 
 
 ORDINATIONE CONTRA SERVIENTES. 
 
 A writ that lay against a servant for leav- 
 ing his master contrary to the ordinance of 
 St. 23 & 24 Edw. III. Reg. Orig. 189. 
 
 ORDINATUM EST (Lat.) It is ordered. 
 The initial words are of the record entry of 
 an order. 
 
 ORDINE PLACITANDI SERVATO, SERV- 
 atur et jus. The order of pleading being 
 preserved, the law is preserved. Co. Litt. 
 303. 
 
 ORDINES MAJORES ET MINORES. In 
 
 ecclesiastical law. The holy orders of priest, 
 deacon, and subdeacon, any of which quali- 
 fied for presentation and admission to an 
 ecclesiastical dignity or cure were called 
 "ordines majores;" and the inferior orders 
 of chanters, psalmists, ostiary, reader, exor- 
 cist, and acolyte were called "ordines min- 
 ores. Persons ordained to the ordines min- 
 ores had their prima tonsura, different from 
 the tonsura clericalis. Cowell. 
 
 ORDINIS BENEFICIUM. See "Benefi- 
 cium Ordinis." 
 
 ORDINUM FUGITIVI. In old English 
 law. Those of the religious who deserted 
 their houses, and, throwing off the habits, 
 renounced their particular order in contempt 
 of their oath and other obligations. Par. 
 Ant. 388. 
 
 ORDO ALBUS. The friars. Ordo Griseua, 
 the gray friars; ordo Niger, the black friars. 
 
 ORDO ATTACHIAMENTORUM. The or- 
 der of attachments. 
 
 ORDO JUDICIORUM. In the canon law. 
 The order of judgments; the rule by which 
 the due course of hearing each cause was 
 prescribed. 4 Reeve, Hist. Eng. Law, 17. 
 
 ORE. The' word "ore" has a definite sig- 
 nification, and designates a compound of 
 metal and other substance; metal unrefined, 
 yet m its fossil state. 147 N. Y. 501 : 1 Ch. 
 432. 
 
 ORE TENUS (Lat.) Verbally; orally. 
 
 Formerly the pleadings of the parties 
 were ore tenus; and the practice is said to 
 have been retained till the reign of Edward 
 III. 3 Reeve, Hist. Eng. Law, 95; Steph. 
 PL 29. And see Bracton, 372b. 
 
ORFGILD 
 
 729 
 
 ORIGINAL WRIT 
 
 In chancery practice, a defendant may de- 
 mur at the bar ore tenus (3 P. Wms. 370) 
 if he has not sustained the demurrer on the 
 record (1 Swanst. 288; Mitf. PL 176; 6 
 Ves. 779; 8 Ves. 405; 17 Ves. 215, 216). 
 
 ORFGILD (Saxon orf, cattle, gild, pay^ 
 ment. Also called "cheapgild"). A payment 
 for cattle, or the restoring them. Cowell. 
 
 A restitution made by the hundred or 
 county of any wrong done by one that was 
 in pledge. Lambard, Arch. 125, 126. 
 
 A penalty for taking away cattle. Blount. 
 
 ORGANIC LAW. The written or unwrit- 
 ten constitution; the underlying rules and 
 principles on which the government is es- 
 tablished, 
 
 ORGILD (Saxon). Without recompense; 
 as where no satisfaction was to be made for 
 tihe death of a man killed, so that he was 
 judged lawfully slain. Spelman. 
 
 ORIGINAL. That which is first in order; 
 an authentic instrument of something, and 
 which is to serve as a model or example to 
 be copied or imitated. It also means first, 
 or not deriving any authority from any 
 other source; as, original jurisdiction, origi- 
 nal writ, original bill, and the like. 
 
 ORIGINAL AND DERIVATIVE Es- 
 tates. An original is the first of several es- 
 tates, bearing to each other the relation of 
 a particular estate and a reversion. An 
 original estate is contrasted with a deriva- 
 tive estate; and a derivative estate is a 
 particular interest carved out of another es- 
 tate of larger extent. Prest. Est. 125, 
 
 ORIGINAL BILL. In chancery practice. 
 A bill relating to a matter not before 
 brought before the court by the same par- 
 ties, standing in the same interests. Mitf. 
 Eq. PI. 33; Willis, PI. 13 et seq. 
 
 Proceedings in a court of chancery are 
 either commenced by way of information, 
 when the matter concerns the state or those 
 under its protection, or by original petition 
 or bill, when the matter does not concern 
 the state or those under its protection. The 
 original bill states simply the cause of com- 
 plaint, and asks for relief. It is composed 
 of nine parts (Story, Eq. PI. 7, 8), and is 
 the foundation of all subsequent proceed- 
 ings before the court (1 Daniell, Chanc. 
 Prac. 351). See "Bill." 
 
 ORIGINAL BILL IN THE NATURE OF 
 supplemental bill. A bill embracing in some 
 degree the qualities of both an original 
 and a supplemental bill. It is founded on 
 an event occurring after the filing of the 
 original bill, of such a nature that the suit 
 cannot be continued as to all the parties, 
 a& by a supplemental bill. 
 
 ORIGINAL CHARTER. In Scotch law. 
 One by which the first grant of land is made. 
 On the Other hand, a charter by progress is 
 one renewing the grant in favor of the heir 
 
 or singular successor of the first or suc- 
 ceeding vassals. Bdl, Dict> 
 
 ORIGINAL CONVEYANCES (called, also, 
 primary conveyances). Those conveyances 
 by means whereof the benefit or estate is 
 created or first arises, viz., feoffment, gift, 
 grant, lease, exchangee, partition. 2 Bl. 
 Comm. 309, 310*; 1 Steph. Comm. 466. 
 
 ORIGINAL JURISDICTION. See "Juris- 
 diction." 
 
 ORIGINAL PACKAGE. The term "orig- 
 inal package'' as employed by law, admits 
 of no precise definition applicable to all. 
 Generally, it is said to be a parcel, bundle, 
 bale, box, or case made up of or "packed" 
 with some commodity with a view to its 
 safety and convenient handling and trans- 
 portation. It does not necessarily mean that 
 goods shall be inclosed in a tight or sealed 
 receptacle. It relates wholly to goods as 
 prepared for transportation, and has no 
 necessary reference whatever to the pack- 
 age originally prepared or put up by the 
 manufacturer. Indeed the idea of the "orig- 
 inal package" may well be made to cover 
 certain forms of property which do not or- 
 dinarily admit of being packed or incased in 
 any other manner than in the car or vessel 
 in which they are transported ; such, for in- 
 stance, as steel beams, threshing machines, 
 and other bulky articles. 170 Fed. 449, 99 
 C. C. A. 667; 119 la. 384, 93 N. W. 372, 
 373; 179 U. S. 343, 45 Law. ed. 224. 
 
 Within the meaning of interstate com- 
 merce regulations, the original unbroken 
 package imported into a state from another 
 state or a foreign country before it be- 
 comes by sale or otherwise part of the gen- 
 eral mass of property in the state. 135 U. 
 S. 100. 
 
 ORIGINAL PROCESS. That process 
 which issues for defendant's appearance. 
 See "Process.'' 
 
 ORIGINAL WRIT. In English practice. 
 A mandatory letter issued in the king's 
 name, sealed with his great seal, and di- 
 rected to the sheriff of the county wherein 
 the injury was committed or supposed to 
 have been done, requiring him to command 
 the wrongdoer, or party accused, either to do 
 justice to the complainant, or else to appear 
 in court and answer the accusation against 
 him. This writ is deemed necessary to give 
 the courts of law jurisdiction. 
 
 In modern practice, however, it is often 
 dispensed with, by recourse, as usual, to 
 fiction, and a proceeding by bill is substi- 
 tuted. In this country, our courts derive 
 their jurisdiction from the constitution, and 
 require no original writ to confer it. Im- 
 properly speaking, the first writ which is 
 issued in a case is sometimes called an origi- 
 nal writ; but it Is not so in the English 
 sense of the word. See 3 Bl. Comm. 273; 
 Walk. Am. Law, E14. 
 
ORIGINALIA 
 
 730 
 
 OSTIUM ECCLESIAE 
 
 ORIGINALIA (Lat) In English law. The 
 transcripts and other documents sent to the 
 office of the treasurer remembrancer in ex- 
 chequer are called by this name to distin- 
 guish them from recorda, which contain the 
 judgments of the barons. 
 
 ORIGINE PROPRIA NEMINEM POSSE 
 voluntate sua eximi manifestum est. It is 
 manifest that no one by his own will can 
 renounce his origin (put off or discharge his 
 natural allegiance). Code, 10. 34. 4. See 1 
 Bl. Comm. c. 10; 20 Johns. (N. Y.) 313; 3 
 Pet. (U. S.) 122, 246; Broom, Leg. Max. (3d 
 London Ed.) 74. 
 
 ORIGO REI INSPICI DEBET. The origin 
 of a thing ought to be inquired into. 1 Coke, 
 99. 
 
 ORNERY. The word "ornery" is not recog- 
 nized by lexicographers. It is generally un- 
 derstood to be of uncertain meaning, but 
 used to express the opposite of good quali- 
 ties. 78 Iowa 79. 
 
 ORNEST. In old English law. The trial 
 by battle, which does not seem to have been 
 usual in England before the time of the Con- 
 queror, though originating in the kingdoms 
 of the north, where it was practiced under 
 the name of "holmgang," from the custom 
 of fighting duels on a small island or holm. 
 Wharton. 
 
 ORPHAN. A minor or Infant who has 
 lost both of his or her parents. Sometimes 
 the term is applied to such a person who has 
 lost only one of his or her parents. 3 Mer. 
 48; 2 Sim. & S. 93; Aso & M. Inst. bk. 1, tit. 
 2, c. 1. See 14 Hazz. Pa. Reg. 188, 189,-for 
 a correspondence between the Hon. Joseph 
 Hopkinson and ex-President J. Q. Adams as 
 to the meaning of the word "orphan." See, 
 also, Hob. 247. 
 
 ORPHANAGE. In English law. The 
 share reserved to an orphan by the custom 
 of London. 
 
 By the custom of London, when a freeman 
 of that city dies, his estate is divided into 
 three parts, as follows: One-third part to 
 the widow; another to the children advanced 
 by him in his lifetime, which is called the 
 "orphanage;" and the other third part may 
 be by him disposed of by will. Now, how- 
 ever, a freeman may dispose of his estate as 
 he pleases; but in cases of intestacy, the 
 statute of distribution expressly excepts and 
 reserves the custom of London. Lovelace, 
 Wills, 102, 104; Bac. Abr. "Custom of Lon- 
 don" (0). 
 
 ORPHANAGE PART. That portion of an 
 intestate's effects which his children 
 were entitled to by the custom of London. 
 This custom appears to have been a rem- 
 nant of what was once a general law all 
 over England, namely, that a father should 
 not by his will bequeath the entirety of his 
 personal estate away from his family, but 
 should leave them a third part at least, 
 
 called the "children's part," corresponding 
 to the "bairns' part" or legitim of Scotch 
 law, and also (although not in amount) to 
 the legitima quarta oi Roman law. Inst. 2. 
 18. This custom of London was abolished 
 by St. 19 & 20 Vict. c. 94. Brown. 
 
 ORPHANOTROPHI. In civil law. Per- 
 sons who have the charge of administering 
 the affairs of houses destined for the use of 
 orphans. Clef des Lois Rom. "Administra- 
 teurs." 
 
 ORPHANS' COURT. In American law. 
 Courts of more or less extended probate ju- 
 risdiction. 
 
 ORRAY (Law Fr. from oyer, to hear). 
 Shall hear. Orrount (plur.) Britt. c. 41. 
 
 ORWIGE, SINE WITA. In old English 
 law. Without war or feud, such security be- 
 ing provided by the laws, for homicides un- 
 der certain circumstances, against the 
 foehth, or deadly feud, on the part of the 
 family of the slain. Anc. Inst. Eng. 
 
 OSTENDIT VOBIS (Law Lat.) In old 
 pleadings. Shows to you. Formal words 
 with which a demandant began his count. 
 Fleta, lib. 5, c. 38, § 2. 
 
 OSTENSIBLE PARTNER. One whose 
 name appears in a firm as a partner, and 
 who is really such. See "Nominal Part- 
 ner." 
 
 OSTENSURUS (Law Lat.) To show. A 
 formal word in old writs. Reg. Orig. 36; 
 Fet. Assaver, § 21. 
 
 OSTENTUM (Lat.) In the civil law. A 
 monstrous or prodigious birth. Dig. 50. 16. 
 38. 
 
 OSTEOPATHY. Osteopathy is a system 
 of treatment of physical ailments based on 
 the theory that diseases are generally due 
 to deranged mechanism of the joints, nerves, 
 blood vessels and other tissues, and can be 
 remedied by manipulations of those parts. 
 155 Wis. 55. 
 
 OSTER (Law Fr.) To take away; to take 
 out or off. Oste del file, taken off the file. 
 Y. B. H. 20 Hen. VI. 1. i 
 
 OSTER LA TOUAILLE (Old Fr.) In the 
 laws of Oleron. To deny a seaman his mess. 
 Article 13. Literally, to deny the table cloth 
 or victuals for three meals. See 1 Pet. 
 Adm. (U. S.) Append, xxvii.; 2 Pet. Adm. 
 (U. S.) Append. Ixxxv. 
 
 OSTIA REGNI (Lat.) Gates of the king- 
 dom. The ports of the kingdom of England 
 are so called by Sir Matthew Hale. Hale 
 de Jur. Mar. pt. 2, c. 3. 
 
 OSTIUM ECCLESIAE (Law Lat.) In old 
 English law. The door or porch of the 
 church, where dower was anciently con- 
 ferred. See "Ad Ostium Ecclesiae." 
 
OSWALD'S LAW 
 
 731 
 
 OUTLAND 
 
 OSWALD'S LAW. The law by -wliloh was 
 effected the ejection of married priests, and 
 the introduction of monks into churches, by 
 Oswald, bishop of Worcester, about A. D. 
 964. Wharton. 
 
 OSWALD'S LAW HUNDRED. An an- 
 cient hundred in Worcestershire, so called 
 ' from Bishop Oswald, who obtained It from' 
 King Edgar, to be given to St. Mary's 
 Church in Worcester. It was exempt from 
 the sheriff's jurisdiction, and comprehends 
 three hundred hides of land. Camd. Brit. 
 
 OTHERWISE. A different manner; In an- 
 other way differently; in other respects in 
 a different manner; in different respects; 
 in a different manner or way; differently; 
 in other respects. 187 111. 268. 
 
 OTHESWORTHE (Saxon, eoth, oath). 
 Worthy to make oath. Bracton, 185, 192. 
 
 OULTRE LE MERE (Law Fr.) Beyond 
 the sea. Y. B. P. 1 Edw. III. 27. 
 
 OURLOP. The lierwite or fine paid to the 
 lord by the inferior tenant when his daugh- 
 ter was debauched. Cowell. 
 
 OUST (from L. Fr. ouster, q. v.) In old 
 English law. To take away. 
 
 To put out; to turn out or eject. 3 Bl. 
 Com. 201, 202. 
 
 In modern law. To deprive, as ousting 
 a corporation of its franchises. 12 Mod. 
 18, 19. 
 
 OUSTER (Law Fr. outre, oultre; Lat. 
 ultra, beyond). Out; beyond; besides; 
 farther; also; over and more. Le ouster, 
 the uppermost. Over, — respondeat ouster, 
 let him answer over. Britt. c. 29. Ouster 
 le mer, over the sea. Jacob. Ouster eit, 
 he went away. 6 Coke, 41b; 9 Coke, 120. 
 
 To put out; to oust. II oust, he put out 
 or ousted. Oustes, ousted. 6 Coke, 41b. 
 
 "Judgment of ouster," in some states, is 
 used to denote the judgment in quo war- 
 ranto, by which one is held not entitled 
 to an office; in others to the judgment in 
 summary proceedings for possession of 
 property. 
 
 In Torts. The actual turning out or 
 
 keeping excluded the party entitled to pos- 
 session of any real property corporeal. 
 
 OUSTER LE MAIN (Law Fr. to take out 
 of the hand). In old English law, A liv- 
 ery of lands out of the hands of the lord 
 after the tenant came of age. If the lord 
 refused to deliver such lands, the tenant 
 was entitled to a writ to recover the same 
 from the lord. This recovery out of the 
 hands of the lord was called ouster le main. 
 
 OUSTER LE MER. Beyond the sea; a 
 cause of excuse if a person, being sum- 
 moned, did not appear in court. Cowell. 
 
 OUT OF THE STATE. Beyond sea (g.v.) 
 
 OUT OF TIME. In marine insurance. 
 Missing. Generally speaking, a ship may be 
 said to be missing or out of time when she 
 has not been heard of after the_ longest 
 ordinary time in which the voyage is safely 
 performed. 1 Arnould, Ins. 540; 2 Duer, 
 Ins. 469, note. 
 
 OUTER BAR. In the English courts, bar- 
 risters at law have been divided into two 
 classes, viz., queen's counsel, who are ad- 
 mitted within the bar of the courts, in seats 
 specially reserved for themselves, and 
 junior counsel, who sit without the bar; 
 and the latter are thence frequently termed 
 barristers of the "outer bar," or "utter 
 bar," in contradistinction to the former 
 class. 
 
 OUTER HOUSE. The name given to the 
 great hall of the parliament house in Edin- 
 burgh, in which the lords ordinary of the 
 court of session sit as single judges to hear 
 causes. The term is used colloquially as 
 expressive of the business done there, in 
 contradistinction to the "Inner House," the 
 name given to the chambers in which the 
 first and second divisions of the court of 
 sessions hold their sittings. Bell, Diet. 
 
 OUTFANGTHEF. A liberty or privilege 
 in the ancient common law, whereby a lord 
 was enabled to call any man dwelling in his 
 manor, and taken for felony in another 
 place out of his fee, to judgment in his own 
 court. Du Cange. 
 
 OUTFIT. 
 
 In Maritime Law. That part of a 
 ship's apparel which ordinarily perishes or 
 is consumed in the course of her voyage. 
 Lowndes, Av. 11. 
 
 In the Diplomatic Service. An allow- 
 ance made by the government of the United 
 States to a minister plenipotentiary, or 
 charge des affaires, on going from the 
 United States to any foreign country. 
 
 OUTHOUSES. Buildings adjoining or be- 
 longing to dwelling houses. 
 
 Buildings subservient to, yet distinct 
 from, the principal mansion house, located 
 either within or without the curtilage. 1 
 Bish. Crim. Law, § 175; 4 Conn. 46; 4 Gill 
 & J. (Md.) 402; 2 Craw. & D. 479. 
 
 Any house standing out and apart from 
 houses where people reside, or where busi- 
 ness is transacted. 15 Tex. 260. 
 
 A building appurtenant to some main 
 building. A school house is not an out- 
 house. 10 Conn. 143. 
 
 OUTLAND. The Saxon thanes divided 
 their hereditary lands into inland, such as 
 lay nearest their dwelling, which they kept 
 to their own use, and outland, which lay 
 beyond the demesnes, and was granted out 
 to tenants, at the will of the lord, like copy- 
 hold estates. This outland they subdivided 
 into two parts. One part they disposed 
 among those who attended their persons, 
 called "theodans," or lesser thanes; the 
 
OUTLAW 
 
 733 
 
 OVERSEERS OP THE POOR 
 
 other part they allotted to their husband- 
 men, or churls. Jacob. 
 
 OUTLAW. In English law. One who is 
 put out of the protection or aid of the law. 
 22 Viner, Abr. 316; 1 Phil. Ev. Index; Bac. 
 Abr. "Outlawry;" 2 Sellon, Prac. 277; Doct. 
 Plac. 331; 3 Bl. Comm. 283, 284. 
 
 OUTLAWED. Applied to debts, barred by 
 limitations. See 37 Me. 389. 
 
 OUTLAWRY. In English law. The act 
 of being put out of the protection of the 
 law, by process regularly sued out against 
 a person who is in contempt in refusing to 
 become amenable to the court having juris- 
 diction. The proceedings themselves are 
 also called the "outlawry." 
 
 Outlawry may take place in criminal or 
 in civil cases. 3 Bl. Comm. 283; Co. Litt. 
 128; 4 Bouv. Inst, note 4196. 
 
 In the United States, outlawry in civil 
 cases is unknown, and if there are any 
 cases of outlawry in criminal cases; they 
 are very rare. Dane, Abr. c. 193a, 34. 
 See Bac. Abr. "Abatement" (B), "Out- 
 lawry;" Gilb. Hist. 196, 197; 2 Va. Cas. 
 244; 2 Dall. (Pa.) 92. 
 
 OUTPARTERS. A name given in old 
 English statutes to certain depredators 
 from Redesdale, on the northern border of 
 England, who made incursions into Scot- 
 land, and brought back to their accomp- 
 lices at home (called intakers) any booty 
 they had taken. Spelman voc. "Intakers;" 
 St. 9 Hen. V. c. 8. 
 
 OUTRAGE. A grave injury; a serious 
 wrong. A generic word which is applied 
 to everything which is injurious in a great 
 degree to the honor or rights of another. 
 44 Iowa 314. 
 
 OUTRIDERS. In English practice. Bail- 
 iffs employed by the sheriffs and their 
 deputies to ride to the farthest places of 
 their counties or hundreds, to summon such 
 as they thought good to attend their county 
 or hundred court. 
 
 OUT ROPER. Old English. A person to 
 whom the business of selling by auction was 
 confined by statute. 2 H. Bl. 557. 
 
 OUTSETTER. Scotch. Publisher. 3 How. 
 St. Tr. 603. 
 
 OUTSIDERS. See "Gambling Contract." 
 
 OUTSUCKEN MULTURES. In Scotch 
 law. Out-town multures; multures, duties, 
 or tolls paid by persons voluntarily grind- 
 ing corn at any mill to which they are not 
 thirled, or bound by tenure. 1 Forbes, Inst, 
 pt. 2, p. 140; Bell, Diet. voc. "Multures." 
 
 OVELTY. In old English law. Equality 
 of service in subordinate tenures. 
 
 OVER. In conveyancing, the word "over" 
 is used to denote a contingent limitation in- 
 tended to take effect on the failure of a 
 
 prior estate. Thus, in what is commonly 
 called the "name and arms clause" in a will 
 or settlement, there is generally a proviso 
 that, if the devisee fails to comply with the 
 condition, the estate is to go to some one 
 else. This is a limitation or gift over. 
 Watson, Comp. Eq. 1110. 
 
 OVERCYTED, or OVERCYHSED. Proved 
 guilty or convicted. Blount. 
 
 OVERDRAW. To obtain by bills or 
 checks upon an individual, bank, or other 
 depository, a greater amount of funds than 
 the party who draws is entitled to. 
 
 OVERHERNISSA. In Saxon law. Contu- 
 macy or contempt of court. Leg. Aethel. 
 c. 25. 
 
 OVERPLUS. What is left beyond a cer- 
 tain amount; the residue; the remainder of 
 a thing. The same as "surplus." 
 
 OVERREACHING CLAUSE. In a reset- 
 tlement, a clause which saves the powers of 
 sale and leasing annexed to the estate for 
 life created by the original settlement, when 
 it is desired to give the tenant for life the 
 same estate and powers under the resettle- 
 ment. The clause is so called ' because it 
 provides that the resettlement shall be over- 
 reached by the exercise of the old powers. 
 If the resettlement were executed without a 
 provision to this effect, the estate of the 
 tenant for life and the annexed powers 
 v^ould be subject to any charges for por- 
 tions, etc., created under the original settle- 
 ment. 3 Dav. Cony. 489; Rapalje & L. 
 
 OVERRULE. To annul; to make void. 
 
 This word is frequently used to signify 
 that a case has been decided directly oppo- 
 site to a former case. When this takes 
 place, the first-decided case is said to be 
 overruled as a precedent, and cannot any 
 longer be considered as of binding au- 
 thority. 
 
 It also signifies that a majority of the 
 judges have decided against the opinion of 
 the minority, in which case the latter are 
 said to be over1:uled. 
 
 OVERSAMESSA. In old English law. A 
 forfeiture for contempt or neglect in not 
 pursuing a malefactor. 3 Inst. 116. 
 
 OVERSEERS OF HIGHWAYS. Officials 
 of the local division of government, as 
 towns, who supervise and direct the main- 
 tenance or construction of highways. 
 
 OVERSEERS OF THE POOR. Persons 
 appointed or elected to take care of the poor 
 with moneys furnished to them by the pub- 
 lic authority. 
 
 The duties of these officers are regulated 
 by local statutes. In general, the overseers 
 are bound to perform those duties, and the 
 neglect of them will subject them to an in- 
 dictment. See 1 Bl. Comm. 360; 16 Viner, 
 Abr. 150; 1 Mass. 459; 3 Mass. 436; 1 Pen- 
 nington (N. J.) 6, 136; Comyn, Dig. "Jus- 
 tices of the Peace" (B 63-65). 
 
OVERSMAN 
 
 733 
 
 OYEZ 
 
 OVERSMAN. In Scotch law. A person 
 commonly named in a submission, to whom 
 power is given to determine in case the ar- 
 biters cannot agree in the sentence. Some- 
 times the nomination of the oversman is 
 left to the arbiters. In either case, the 
 oversman has no power to decide unless 
 the arbiters differ in opinion. Ersk. Inst. 
 4. 3. 16. The office of an oversman very 
 much resembles that of an umpire. 
 
 OVERT, OVERTE, or OUVERTE (Law 
 Fr. and Eng.) Open. Pound overt, an 
 open or uncovered pound. 3 Bl. Comm. 12. 
 Market overt, open market. 2 Id. 449. 
 Lettres ouvertes, open letters; letters pat- 
 ent {q. V.) 
 
 OVERT ACT CLaw La,t. apertum factum) . 
 In criminal law. An open, manifest act, 
 from which criminality may be implied. 
 193 111. App. 128. Brande. An open act, 
 which must be manifestly proved. 3 Inst. 
 12. 
 
 OVERVERT. In old English law. High 
 wood. See "Vert." 
 
 OVES (Lat. [pi. of ovis], sheep). In the 
 civil law. Under a bequest of sheep (ovi- 
 bus). Iambs and rams were not included. 
 Dig. 32. 65. 7; Id. 32. 81. 4. But under 
 the name of a flock of sheep (ovium grege), 
 both were included. Id. 32. 81. 5. 
 
 OVESQUE (Law Fr.) With. Litt. § 240; 
 Britt. c. 38. 
 
 For. II voile av' argue ouesque le^ lease, 
 he would have argued for the lease. Dyer, 
 126b. 
 
 OWEL, or OWELE (Law Fr. from Lat. 
 aequalis). Equal. En owele mayn, in equal 
 hand. Britt. c. 39. Owelment, equally. 
 Id. c. 119. 
 
 OWELTY. The difference which is paid 
 or secured by one coparcener to another for 
 the purpose of equalizing a partition. Litt. 
 § 251; Co. Litt. 169a; 1 Watts (Pa.) 265; 1 
 Whart. (Pa.) 292; Cruise, Dig. tit. 19, § 32; 
 1 Vern. 133; Plowd. 134; 16 Viner, Abr. 
 223, pi. 3; Brooke, Abr. "Partition," § 5; 
 99 Tex. 51, 97 S. W. 334, Ann. Gas. 1914 
 A650; 117 IlL 3B1; 160 111. 602. 
 
 OWING. Something unpaid. A debt, for 
 example, is owing while it is unpaid, and 
 whether it be due or not. 
 
 In a business sense, in correspondence 
 or contracts, a legal obligation is im- 
 plied. In ordinary transactions between 
 debtor and creditor it does not necessarily 
 imply an enforceable obligation. 155 Mich. 
 567. 
 
 OWLER. In English law. One guilty of 
 the offense of owling. 
 
 OWLING. In English law. The offense 
 of transporting wool or sheep out of the 
 kingdom. 
 
 The name is said to owe its origin to 
 
 the fact that this offense was carried on 
 in the night, when the owl was abroad. 
 
 OWNER. He who has dominion of a 
 thing, real or personal, corporeal or incor- 
 poreal, which he has a right to enjoy and 
 do with as he pleases, even to spoil or de- 
 stroy it, as far as the law permits, unless 
 he be prevented by some agreement or 
 covenant which restrains his right. 31 Cal. 
 649. 
 
 The term has no exact technical meaning. 
 Hare, Am. Const. Law, 355. 
 
 As applied to lands, it has been said to 
 include all who had an interest therein, 
 though it fall short of ownership of the fee. 
 (38 Mich. 171; 2 Ohio St. 114), and it has 
 been applied both to the holder of the legal 
 title (6 Hun [N. Y.] 553) and of an equi- 
 table estate (21 Minn. 107). 
 
 In like manner, as applied to personalty, 
 it has been held to include one having a 
 temporary right of possession. 44 Conn. 
 298. Such persons are ordinarily designated 
 as "special owner," in contradistinction 
 from "general owner," in whom is the full 
 title. See 10 Cush. (Mass.) 399; 50 Mich. 
 249. 
 
 OWNERSHIP. The right by which a 
 thing belongs to some one in particular to 
 the exclusion of all others. Civ. Code La. 
 art. 480. See "Ovraer." 
 
 OXFILD. A restitution anciently made by 
 a hundred or county for any wrong done 
 by one that was within the same. Lambard, 
 Arch. 125. 
 
 OXGANG (from Saxon, gang, soins, and 
 ox; Law Lat. hovata). In old English law. 
 So much land as an ox could till. Accord- 
 ing to some, fifteen acres. Co. Litt. 69a; 
 Cromp. Jur. 220. According to Balfour, 
 the Scotch oxengang, or oxgate, contained 
 twelve acres; but this does not correspond 
 with ancient charters. See Bell, Diet. 
 "Ploughgate." Skene says thirteen acres. 
 Cowell. 
 
 OYER. The reading to a party of a writ- 
 ten instrument stated in the pleadings of 
 the opposite party. In modem practice a 
 copy of the writing is ordered furnished on 
 application. See "Profert in Curia." 
 
 OYER AND TERMINER. See "Assize;" 
 "Court of Oyer and Terminer." 
 
 OYER DE RECORD. A petition made in 
 court that the judges, for better proofs, 
 compel the production of a record for in- 
 spection. 
 
 OYER ET TERMINER (Law Fr.) To 
 hear and determine. A oyer et terminer 
 toutes quereles, to hear and determine all 
 complaints. Britt. fol. 1. De oyr et de- 
 terminer. Art. Sup. Chart. 
 
 OYEZ (Fr. hear ye). The introduction to 
 any proclamation or advertisement by pub- 
 lic crier. It is wrongly and usually pro- 
 nounced "oh yes." 4 Bl. Comm. 340, note. 
 
p. H. V. 
 
 734 
 
 PACTUM 
 
 P. H. V. Pro hoc vice, for this occasion. 
 
 P. P. S. An abbreviation used in insur- 
 ance for the words "policy proof of in- 
 terest." It amounts to an agreement that 
 in the event of loss, the insured shall be 
 recognized, virithout further proof, to have 
 had the interest named in the policy in the 
 subject-matter insured. 279 Fed. 893. 
 
 PAAGE. A toll for passage througli an- 
 other's land. 
 
 PACARE. In old records. To pay. 
 
 PACATIO. 
 
 1248. 
 
 Payment. Mat. Par. A. D. 
 
 PACE. A measure of length, containing 
 two feet and a half. The geometrical pace 
 is five feet long. The common pace is the 
 length of a step; the geometrical is the 
 length of two steps, or the whole space 
 passed over by the same foot from one step 
 to another. 
 
 PACEATUR (Lat.) Let him be freed or 
 discharged. 
 
 PACI SUNT MAXIME CONTRARIA, VIS 
 et injuria. Force and wrong are especially 
 contrary to peace. Co. Litt. 161. 
 
 PACIFICATION (Lat. pax, peace, facere, 
 to' make J. The act of making peace between 
 two countries which have been at war; the 
 restoration of public tranquillity. 
 
 PACK. To deceive by false appearances; 
 to counterfeit; to delude; as, packing a jury. 
 See "Jury;" Bac. Abr. "Juries" (M) ; 12 
 Conn. 262. 
 
 PACKED PARCELS. The name for a con- 
 signment of goods, consisting of one large 
 parcel made up of several small ones, each 
 bearing a different address, collefted from 
 different persons by the immediate consign- 
 or (a carrier) , who unites them into one for 
 his own profit, at the expense of the railway 
 by which they are sent, since the railway 
 company would have been paid more for the 
 carriage of the parcels singly than together. 
 
 PACT. In civil law. An agreement made 
 by two or more persons on the same subject, 
 in order to form some engagement, or to 
 dissolve or modify one already made. Con- 
 ventio est duorum in idem placitum consen- 
 sus de re solvenda, id est facienda vel praes- 
 tanda. Dig. 2. 14; Clef des Lois Rom.; 
 Ayliffe, Pand. 558; Merlin, Repert, "Pacte." 
 
 PACTA CONVENTA, QUAE NEQUE 
 contra leges, neque dolo male inlta sunt, 
 omni modo observanda sunt. Contracts 
 which are not Ulegal, and do not originate 
 in fraud, must in all respects be observed. 
 
 Code, 2. 3. 29; Broom, Leg. Max. (3d Lon- 
 don Ed.) 624. 
 
 PACTA DANT LEGEIVI CONTRACTUI. 
 
 Agreements give the law to the contract. 
 Halk. Max. 118. 
 
 PACTA PRIVATA JURI PUBLICO DE- 
 
 rogare non possunt. Private contracts can- 
 not derogate from the public law. 7 Coke, 
 23. 
 
 PACTA QUAE CONTRA LEGES CONSTI- 
 tutionesque vel contra bones mores flunt, 
 nuliam vim habere, indubitati juris est. It 
 
 is indubitable law that contracts against the 
 laws or good morals have no force. Code, 
 2. 3. 6; Broom, Leg. Max. (3d London Ed.) 
 620. 
 
 PACTA QUAE TURPEIVI CAUSAIVI CON- 
 tinent non sunt observanda. Contracts 
 founded upon an immoral consideration are 
 not to be observed. Dig. 2. 14. 27. 4; 2 Pet. 
 (U. S.) 539; Broom, Leg. Max. (3d Lon- 
 don Ed.) 658. 
 
 PACT 10 (Lat. from pangere, to strike). 
 In civil law. A bargaining or agreeing of 
 which pactum (the agreement itself) was 
 the result. Calv. Lex. It is used, however, 
 as the synonjon of pactum. 
 
 PACTIONS. In international law. Con- 
 tracts between nations which are to be per- 
 formed by a single act, and of which execu- 
 tion is at an end at once. 1 Bouv. Inst, 
 note 100. 
 
 PACTIS PRIVATORUM JURI PUBLICO 
 non derogatur. Private contracts do not 
 derogate from public law. Broom, Leg. 
 Max. (3d London Ed.) 621; per Dr. Lush- 
 ington, Arg. 4 Clark & P. 241; Arg. 3 Clark 
 & F. 621. 
 
 PACTITiOUS. Settled or governed by 
 agreement. 
 
 PACTO ALIQUOD LICiTUIVI EST, QUID 
 sine pacto non admittitur. By a contract, 
 something is permitted, which, without it, 
 could not be admitted. Co. Litt. 166. 
 
 PACTUiVI (Lat.) In the civil law. A pact; 
 an agreement or convention vrithout specific 
 name, and without consideration, which, 
 however, might, in its nature produce a 
 civil obligation. Heinec. Elem. Jur. Civ. 
 lib. 3, tit. 14, § 775. 
 
 A pact was distinguished from a con- 
 tract {contractus), which had a specific 
 name or present consideration, and car- 
 ried vdth it a civil obligation, both being a 
 species of conventio (convention) _ which 
 was the general term. Do ut des, I give that 
 you may give, was a contract. Dabo ut des, 
 I will give that you may give, was a pact, 
 
PACTUM CONSTITUTAE 
 
 735 
 
 PALLIO COOPERIRE 
 
 PACTUM CONSTITUTAE PECUNIAE 
 
 (hat) In civil law. An agreement by which 
 a person appointed to his creditor a certain 
 day, or a certain time, at which he promised 
 to pay; or it may be defined simply an 
 agreement by which a person promises a 
 creditor to pay him. 
 
 When a person by this pact promises his 
 own creditor to pay him, there arises a new 
 obligation, which does not destroy the for- 
 mer by which he was already bound, but 
 which is accessory to it; and by this mul- 
 tiplicity of obligations the right of the cred- 
 itor is strengthened. Poth. Obi. pt. 2, c. 6, 
 § 9. 
 
 There is a striking confbrmity between 
 the pactum constitutae pecuniae, as above 
 defined, and our indebitatus assumpsit. The 
 pactum constitutae pecuniae was a prom- 
 ise to pay a subsisting debt, whether nat- 
 ural or civil, made in such a manner as not 
 to extinguish the preceding debt, and in- 
 troduced by the praetor to obviate some for- 
 mal difficulties. The action of indebitatus 
 assumpsit was brought upon a promise for 
 the payment of a debt. It was not subject 
 to the wager of law and other technical 
 difficulties of the regular action of debt, 
 but by such promise the right to the action 
 of debt was not extinguished nor varied. 
 4 Coke, 91, 95. See 1 H. Bl. 550-555, 850; 
 Doug. 6, 7; 3 Wood, Inst. 168, 169, note 
 (c); 1 Viner, Abr. 270; Brooke, Abr. "Ac- 
 tion sur le Case" (pi. 7, 69, 72) ; Fitzh. 
 Nat. Brev. 94 (a), note (a), 145 (g) ; 4 
 Bos. & P. 295; 1 Chit. PL 89; TouUier, Dr. 
 Civ. lib. 3, tit. 3, c. 4, notes 388, 396. 
 
 PACTUM DE NON PETANDO (Lat.) In 
 civil law. An agreement made between a 
 creditor and his debtor that the former will 
 not demand from the latter the debt due. 
 By this agreement, the debtor is freed from 
 his obligation. This is not unlike the "cov- 
 enant not to sue," of the common law. 
 •Wolflf. Dr. Nat. § 755. 
 
 PACTUM DE QUOTA LITIS (Lat.) In 
 civil law. An agreement by which a cred- 
 itor of a sum difficult to recover promises 
 a portion — for example, one-third — to the 
 person who will undertake to recover it. 
 In general, attorneys will abstain from 
 making such a contract, yet it is not un.> 
 lawful at common law. 
 
 PADDER. A robber; a foot highwayman. 
 
 PA6A (Spanish). In Spanish law. Pay- 
 ment. Las Partldas, pt. 5, tit. 14, lib. 1, 
 pagamento, satisfaction. 
 
 PAGODA. In~ commercial law. A denorm- 
 ination of money in Bengal. In the compu- 
 tation of ad valorem duties it is valued at 
 one dollar and ninety-four cents. Act 
 March 2, 1799, § 61 (1 Story, U. S. Laws, 
 626). 
 
 PAG US. A county. Jacob. 
 
 PAIN, Peyne. [Lat. poewa.] A penalty. 
 
 "To incur a pain"; "to pay a pain. 1 
 Leon. 203. "Under pain," "pains and pen- 
 alties," are expressions still used. 
 
 PAINE FORTE ET DURE. See "Peine 
 Forte et Dure." 
 
 PAINS AND PENALTIES, BILLS OF. 
 See "Bill of Pains and Penalties." 
 
 PAIRING OFF. A legislative practice, 
 said to have originated in the time of Crom- 
 well, whereby legislators of opposite opin- 
 ions agree not to vote on a given measure. 
 Usually resorted to in order to relieve a 
 member from the necessity of remaining 
 constantly present to await a vote. 
 
 PAIS, or PAYS. A French word, signify- 
 ing "country." In law, matter in pais is 
 matter of fact, in opposition to matter of 
 record; a trial per pais is a trial by the 
 country, — that is, by a jury. See "In Pais." 
 
 PAIS, CONVEYANCES IN. In old Eng- 
 lish law. Ordinary conveyances between 
 two or more persons in the country, i. e^ 
 upon the land to be transferred. 
 
 PALACE COURT. In English law. A 
 court which had jurisdiction of all personal 
 actions arising between any parties within 
 twelve miles of Whitehall, not including 
 the city of London. 
 
 It was erected in the time of Charles I., 
 and was held by the steward of the house- 
 hold, the knight marshal and steward of 
 the court, or his deputy. It had its ses- 
 sions once a week, in the borough of South- 
 wark. It was abolished by 12 & 13 Vict. c. 
 101, § 13. 
 
 PALAGIUM. A duty to lords of manors 
 for exporting and importing vessels of wine 
 at any of their ports. Jacob. 
 
 PALATINE. Possessing royal privileges, 
 See "County Palatine." 
 
 PALATINE COURTS. Formerly the court 
 of common pleas at Lancaster, the chan- 
 cery court of Lancaster, and the court of 
 pleas at Durham, the second of which alone 
 now exists. 
 
 PALATIUM (Lat.) A palace. The em- 
 peror's house in Rome was so called from 
 the Mons Palatinus on which it was built. 
 Adams, Rom. Ant. 613. 
 
 In Old English Law. A paling; a 
 
 fence. Fleta, lib. 4, c. 18, § 1. 
 
 PALEFRETUM (Law Lat.) In old Eng- 
 lish law. A palfrey. Fleta, lib. 2, c. 73, 
 § 19. 
 
 PALINGMAN. In old English law. A 
 merchant denizen ; one born within the Eng- 
 lish pale. Blount. 
 
 PALLIO OOOPERIRE. In old English 
 law. An ancient custom, where children 
 were born out of wedlock, and their par- 
 
PALMER'S ACT 
 
 736 
 
 PANDECTS 
 
 ents afterwards intermarried. The chil- 
 dren, together with the father and mother, 
 stood under a cloth extended while the 
 marriage was solemnized. It was in the 
 nature of adoption. The children were le- 
 gitimate by the civil, but not by the com- 
 mon, law. Jacob. 
 
 PALMER'S ACT. A name given to the 
 English statute 19 & 20 Vict. c. 16, en- 
 abling a person accused of a crime com- 
 mitted out of the jurisdiction of the central 
 criminal court to be tried in that court. 
 
 PANDECTS. In civil law. The name of 
 an abridgment or compilation of the civil 
 law, made by Tribonian and others, by or- 
 der of the emperor Justinian, and to which 
 he gave the force of law A. D. 533. 
 
 It is also known by the name of the Di- 
 gest, because in his compilation of writings 
 of the jurists were reduced to order and 
 condensed quasi digestiae. The emperor, in 
 530, published an ordinance entitled De Con- 
 ceptione Digestorum, which was addressed 
 to Tribonian, and by which he was required 
 to select some of the most distinguished 
 lawyers to assist him in composing a col- 
 lection of the best decisions of the ancient 
 lawyers, and compile them in fifty books, 
 without confusion or contradiction. The in- 
 structions of the emperor were to select 
 what was useful, to omit what was an- 
 tiquated or superfluous, to avoid contradic- 
 tions, and, by the necessary changes, to 
 produce a complete body of law. This work 
 was a companion to the Code of Justinian, 
 and was to be governed in its arrangement 
 ,of topics by the method of the Code. Jus- 
 tinian allowed the commissioners, who were 
 sixteen in number, ten years to compile it; 
 but the work was completed in three years, 
 and promulgated in 533. A list of the writ- 
 ers from whose works the collection was 
 made, and an account of the method pur- 
 sued by the commissioners, will be found 
 in Smith Diet. Gr. & R. Ant. The Digest, 
 although compiled in Constantinople, was 
 originally written in Latin, and afterwards 
 translated into" Greek. 
 
 The Digest is divided in two different 
 ways : The first into fifty books, each book 
 into several titles, and each title into sev- 
 eral extracts or leges, and at the head of 
 each series of extracts is the name of the 
 lawyer from whose work they were taken. 
 
 The first book contains twenty-two titles. 
 The subject of the first is De JuaUcia et 
 Jure, of the division of persons and things, 
 of magistrates, etc. The second, divided 
 into fifteen titles, treats of the power of 
 magistrates and their jurisdiction, the man- 
 ner of commencing suits, of agreements and 
 compromiaes. The third, composed of six 
 titles, treats of those who can and thbse 
 who cannot sue, of advocates and attorneys 
 and syndics, and of calumny. The fourth, 
 divided into nine titles, treats of causes 
 of restitution, of submissions and arbitra- 
 tions, of minors, carriers by water, inn- 
 
 keepers, and those who have the care of 
 the property of others. In the fifth there 
 are six titles, which treat of jurisdiction 
 and inoflScious testaments. The subject of 
 the sixth, in which there are three titles, 
 is actions. The seventh, in nine titles, em- 
 braces whatever concerns usufructs, per- 
 sonal servitudes, habitations, the uses of 
 real estate and its appurtenances, and of 
 the sureties required of the usufructuary. 
 The eighth book, in six titles, regulates ur- 
 ban and rural servitudes. The ninth book, 
 in four titles, explains certain personal ac- 
 tions. The tenth in four titles, treats of 
 mixed actions. The object of the eleventh 
 book, containing eight titles, is to regulate 
 interrogatories, the cases of which the judge 
 was to take cognizance, fugitive slaves, of 
 gamblers, of surveyors who made false re- 
 ports, and of funerals and funeral expen- 
 ses. The twelfth book, in seven titles, reg- 
 ulates personal actions in which the plain- 
 tiff claims the title of a thing. The thir- 
 teenth, in seven titles, and the fourteenth, 
 in six titles, regulate certain actions. The 
 fifteenth, in four titles, treats of actions 
 to which a father or master is liable in con- 
 sequence of the acts of his children or 
 slaves, and those to which he is entitled, of 
 the peculium of children and slaves, and of 
 the actions on this right. The sixteenth, in 
 three titles, contains the law relating to 
 the senatus consultum Velleianum, of com- 
 pensation or set-off, and of the action of 
 deposit. The seventeenth, in two titles, 
 expounds the law of mandates and part- 
 nership. The eighteenth book, in seven 
 titles, explains the contract of sale. The 
 nineteenth, in five titles, treats of the ac- 
 tions which arise on a contract of sale. 
 The law relating to pawns, hypothecation, 
 the preference among creditors, and sub- 
 rogation, occupy the twentieth book, which 
 contains six titles. The twenty-first book 
 explains, under three titles, the edict of 
 the ediles relating to the sale of slaves and 
 animals,_ then what relates to evictions and 
 warranties. The twenty-second book, in six 
 titles, treats of interest, profits, and acces- 
 sories of things, proofs, presumptions, and 
 of ignorance of law and fact. The twenty- 
 third, in five titles, contains the law of 
 marriage, and its accompanying a^ee- 
 ments. The twenty-fourth, in three titles, 
 and the twenty-fifth, in seven titles, regu- 
 late donations between husband and wue, 
 divorces, and their consequence. The 
 twenty-sixth and twenty-seventh, each in 
 two titles, contain the law rdating to tu- 
 torship and curatorship. The twenty- 
 eighth, in eight titles, and the twenty-mnJh, 
 in seven, contain the law on last will and 
 testaments. The thirtieth, thirty-first, and 
 thirty-second, each divided. into two titles, 
 contain the law of trusts and specific lega- 
 cies. The thirty-third, thirly-fourtti, and 
 thirty-fifth — the first divided Into ten titles, 
 the second into nine titles, and the last into 
 three titles — treat of various kinds of lega- 
 cies. The thirty-sixth, containing four 
 
PANDECTS 
 
 737 
 
 PANIER 
 
 titles, explains the senatus coneultum Tre- 
 bellianunn, and the time when trusts become 
 due. The thirty-seventh book, contains fif- 
 teen titles, has two objects,^— to regulate 
 successions, and to declare the respect which 
 children owe their parents, and freedmen 
 their patrons. The thirty-eighth book, in 
 seventeen titles, treats of a variety of sub- 
 jects^ — of successions, and of the degree of 
 kindred in successions; of possession; and 
 of heirs. The thirty-ninth explains the 
 means which the law and the praetor take 
 to prevent a threatened injury, and dona- 
 tions inter vivos and mortis causa. The 
 fortieth, in sixteen titles, treats of the state 
 and condition of persons, and of what re- 
 lates to freedmen and liberty. The differ- 
 ent means of acquiring and losing title to 
 property are explained in the forty-first 
 book, in ten titles. The forty-second, in 
 eight titles, treats of the res judicata, and 
 of the seizure and sale of the property of 
 a debtor. Interdicts, or possessory actions, 
 are the object of the forty-third book, in 
 three titles. The forty-fourth contains an 
 enumeration of defenses which arise in con- 
 sequence of the res judicata, from the lapse 
 of time, prescription, and the like. This 
 occupies six titles; the seventh treats of 
 obligations and actions. The forty-fifth 
 speaks of stipulations, by freedmen or by 
 slaves. It contains only three titles. The 
 forty-sixth, in eight titles, treats of se- 
 curities, novations and delegations, pay- 
 ments, releases, and acceptilations. In the 
 forty-seventh book are explained the pun- 
 ishments inflicted for private crimes, de 
 privatis delictis, among which are included 
 larcenies, slander, libels, offenses against 
 religion and public manners, removing 
 boundaries, and similar offenses. The forty- 
 eighth book treats of public crimes, among 
 which are enumerated those of laesae-ma- 
 jestatis, adultery, murder, poisoning, parri- 
 cide, extortion, and the like, with rules for 
 procedure in such cases. The forty-ninth, 
 in eighteen titles, treats of appeals, of the 
 rights of the public treasury, of those who 
 are in captivity, and of their repurchase. 
 The fiftieth and last book, in seventeen 
 titles, explains the rights of municipali- 
 ties, and then treats of a variety of public 
 officers. 
 
 These fifty books are allotted in seven 
 parts: The first contains the first four 
 books; the second, from the fifth to the 
 ■eleventh book, inclusive; the third, from the 
 twelfth to the nineteenth, inclusive; the 
 fourth, from the twentieth to the twenty- 
 seventh, inclusive; the fifth, from the 
 twenty-eighth to the thirty-sixth, inclusive; 
 the sixth commences with the thirty-sev- 
 enth, and ends with the forty-seventh book; 
 and the seventh, or last, is composed of 
 the last six books. 
 
 The division into digestum vetus (book 
 first to and including title second of book 
 twenty-fourth), digestum' infortiatum (title 
 third of book twenty-fourth, to and includ- 
 ing book thirty-eighth), and digestum 
 
 novum (from book thirty-ninth to the end) , 
 has reference to the order in which these 
 three parts appeared. 
 
 Th6 Pandects are more usually cited by 
 English and American jurists by numbers, 
 thus: Dig. 23. 3. 6. 6, meaning book 23, 
 title 8, law or fragment 6, section 6; some- 
 times, also, otherwise, as, D. 23. 3. fr. 6, 
 § 6; or fr. 6, § 6. D. 28. 3. The old mode 
 of citing was by titles and initial words, 
 thus: D. de jure dotium, L. profectitia, 
 § si pater; or the same references in re- 
 verse order. Prom this afterwards origi- 
 nated the following: L. profectitia, 5. § se 
 pater, 6. D. de jure dotium, and, lastly, 
 L. 5. § 6. D. de jure dotium, — ^which is the 
 form commonly used by the continental 
 jurists of Europe. 1 Hackeld. Civ. Law, 
 pp. 54, 55, § 65. And see Tayl. Civ. Law, 
 24, 25. The abbreviation ff. was commonly 
 used instead of Dig. or Pandects. 
 
 The_ Pandects — as well, indeed, as all 
 Justinian's laws, except some fragments of 
 the Code and Novels — were lost to all Eu- 
 rope for a considerable period. During 
 the pillage of Amalfi, in the war between 
 the two soi-disant popes Innocent II. and 
 Anaclet 11., a soldier discovered an old 
 manuscript, which attracted his attention 
 by its envelope of many colors. It was 
 carried to the Emperor Clothaire, and 
 proved to the Pandects of Justinian. The 
 work was arranged in its present order by 
 Warner, a German, ' whose Latin name is 
 Irnerius, who was appointed by that em- 
 peror Professor of Roman Law at Bolog- 
 na. 1 Fournel, Hist, des Ovocats, 44, 46, 
 51. The style of the work is very grave 
 and pure, and contrasts in this respect with 
 that of the Code, which is very far from 
 classical. On the other hand, the learn- 
 ing of the Digest stands rather in the 
 discussing of subtle questions of law, and 
 enumerations of the variety of opinions of 
 ancient lawyers thereupon, than in prac- 
 tical matters of daily use, of which the 
 Code so simply and directly treats. See 
 Ridley, View, pt. 1, cc. 1, 2. 
 
 PANDOXARE (Law Lat.) ' In old records, 
 to brew. Cowell. 
 
 Pandoxatrix, an ale wife; a woman that 
 both brewed and sold ale and beer. Id. 
 
 PANEL (diminutive from either pane, 
 apart, or page, pagella). 
 
 In Practice. A schedule or roll, con- 
 taining the names of jurors summoned by 
 virtue of a writ of venire facias, and an- 
 nexed to the writ. It is returned into the 
 court whence the venire issued. Co. Litt. 
 158b; 3 Bl. Comm. 353. 
 
 In Scotch Law. The prisoner at the 
 
 bar, or person who takes his trial before 
 the court of justiciary for some crime. 
 So called from the time of his appearance. 
 Bell, Diet. Spelled, also, pannel. See "Im- 
 panel." 
 
 PANIER. A waiter at table at English 
 bar dinners. 
 
PANIS 
 
 738 
 
 PARAMOUNT 
 
 PANIS (Lat!) In old English law. Bread; 
 loaf; a loaf. Pleta, lib. 2, c. 9. 
 
 PANNAGE. In old English law. Pood 
 that swine fed on in the woods, as mast of 
 beech, acorns, &c. which some called pawns. 
 Cowell. 
 
 A duty for feeding in woods. Pleta, lib. 
 2, c. 41, § 31. 
 
 PANNAGIUM EST PASTUS PORCORUM, 
 in nemoribus et in srivis, ut puta, de glandi- 
 bus, etc. A pannagium is a pasture of hogs, 
 in woods and forests, upon acorns, and so 
 forth. 1 Bulst. 7. 
 
 PANNELLATION. The act of impaneling 
 a jury. 
 
 PAPER BLOCKADE. A blockade pro- 
 claimed, but not maintained by a naval 
 force sufficient to render it eflFective. See 
 "Blockade." 
 
 PAPER BOOK. In appellate practice. A 
 book or paper, usually printed, containing 
 a transcript or an abstract, as may be re- 
 quired, of all the evidence and proceedings 
 submitted to the appellate court. 
 
 PAPER DAYS. In English law. Days on 
 which special arguments are to take place. 
 Tuesdays and Fridays in term time are pa- 
 per days appointed by the court. Lee, 
 Diet.; Archb. Prac. 101. 
 
 PAPER MONEY. The engagements to 
 pay money which are issued by govern- 
 ments and banks, and which pass as money. 
 Pardesus, Dr. Com. note 9. Bank notes are 
 generally considered as cash, and will an- 
 swer all the purposes of currency; but 
 paper money is not a legal tender if ob- 
 jected to. See "Legal Tender." 
 
 PAPER OFFICE. In English law. An an- 
 cient office in the palace of Whitehall, 
 where all the public writings, matters of 
 state and council, proclamations, letters, 
 intelligences, negotiations of the queen's 
 ministers abroad, and generally all the pa- 
 pers and dispatches that pass through the 
 office of the secretaries of state, are de- 
 posited. Also an office or room in the 
 court of queen's bench, where the records 
 belonging to that court are deposited; 
 sometimes called "paper mill." Wharton. 
 
 PAPER TITLE. A claim of title unfound- 
 ed in fact, but founded on a conveyance 
 or chain of conveyances showing an appar- 
 ently good title. 
 
 PAR. In common law. Equal. It is used 
 to denote a state of equality or equal value. 
 An equality of actual with nominal value. 
 9 Baxt. (Tenn.) 410, 99 Miss. 859; 35 L. 
 R. A. (N. S.) 791; 156 N. Y. 363, 50 N. E. 
 973. Bills of exchange, stocks, and the like, 
 are at par when they sell for their nomi- 
 nal value; above par, or below par, when 
 they sell for more or less. 
 
 PAR DELICTUM (Lat.) Equal guilt. "This 
 is not a case of par delictum. It is op- 
 pression on one side, and submission on the 
 other. It never can be predicated as par 
 delictum when one holds the rod and the 
 other bows to it." 6 Maule & S. 165, See 
 "In Pari Delicto." 
 
 PAR IN PAREM IMPERIUM NON HA- 
 bet. An equal has no power over an equal. 
 Jenk. Cent. Cas. 174. Example, one of two 
 judges of the same court cannot commit 
 the other for contempt. 
 
 PAR OF EXCHANGE. The par of the 
 currencies of any two countries means the 
 equivalence of a certain amount of the cur- 
 rency of the one in the currency of the 
 other, supposing the currency of both to be 
 of the precise weight, and purity iixed by 
 their respective mints. 26 Wend. (N. Y.) 
 224. The exchange between the two coun- 
 tries is said to be at par when bills are 
 negotiated on this footing, i. e., when a bill 
 for £100 drawn on London sells in Paris 
 for 2,520 frs., and vice versa. Bowen, Pol. 
 Econ. 321. See 11 East, 267. 
 
 PAR ONERI. Equal to the damage. 
 
 PAR VALUE. In its customary and 
 commercial sense, with reference to ex- 
 change between different states or coun- 
 tries, par yalue has been defined to be "the 
 equivalency of a certain amount of the 
 currency of one country in the currency of 
 the other." 26 Wend. (N. Y.) 224. 
 
 By the par value of stock is generally un- 
 derstood the value expressed on the face 
 of the certificate. 
 
 PARACIUM. The tenure between par- 
 ceners, viz., that which the youngest owes 
 to the eldest without homage or service. 
 Domesday Book. 
 
 , PARAGE. Equality of blood, name, or 
 dignity, but more especially of land in the 
 partition of an inheritance between coheirs. 
 Co. Litt. 166b. Hence "disparage," and 
 "disparagement." Blount. 
 
 In Feudal Law. Where heirs took of 
 
 the same stock and by same title, but from 
 right of primogeniture, or some other 
 cause, the shares were unequal, the younger 
 was said to hold of the elder, jure et titulo 
 paragii, by right and title of parage, be- 
 ing equal in everything but the quantity, 
 and owning no homage or fealty. Calv. Lex. 
 
 PARAGIUM (Lat. par, equal, and 
 (aqium). 1 Thomas, Co. Litt. 681. Equality. 
 
 In Ecclesiastical Law. The portion 
 
 which a woman gets on her marriage. Ay- 
 liflPe, Par. 386. 
 
 PARAGRAPH. A part or section of a 
 statute, pleading, affidavit, etc., which con- 
 tains one article; the sense of which is 
 complete. Wharton. 
 
 PARAMOUNT (par, by, mounter, to as- 
 cend). Above; upwards. Kelham. Para- 
 
PARANOIA 
 
 739 
 
 PARDON 
 
 mount especifie, above specified. Plowd. 
 209a. 
 
 That which is superior; usually applied 
 to the highest lord of the fee of lands, 
 tenements, or hereditaments. Fitzh. Nat. 
 Brev. ISB. Where A. lets lands to B. and 
 he underlets them to C, In this case A. is 
 the paramount and B. is the mesne land- 
 lord. 2 Bl. Comm. 91; 1 Thomas, Co. Litt. 
 484, note 79, 485, note 81. The estate which 
 is entitled to the benefit of an easement is 
 known as the "paramount estate." 
 
 PARANOIA. A norm of insanity, the 
 principal characteristic of which is that 
 the sufferer possesses insane delusions. 227 
 111. 192. 
 
 PARAPH ERNA (Lat.) In civil law. Goods 
 brought by wife to husband over and above 
 her dower (dos). Vocat; Fleta, lib. 5, c. 
 23, § 6; Mackeld. Civ. Law, § 529. 
 
 PARAPHERNAL. Belonging or pertain- 
 ing to the parapherna. 
 
 PARAPHERNALIA. Apparel and orna- 
 ments of a wife, suitable to her rank and 
 degree. 2 Bl. Comm. 435. 
 
 PARAPHERNA UX, BIENS (Fr.) In 
 French law. All the wife's property which 
 is not subject to the regime dotal is called 
 by this name, and of these articles the wife 
 has the entire administration; but she may 
 allow the husband to enjoy them, and in 
 that case he is not liable to account. Brown. 
 
 PARASYNEXIS. In the civil law, a con- 
 venticle or unlawful meeting. 
 
 PARATITLA (Lat.) In civil law. An ab- 
 breviated explanation of some titles or 
 books of the Code or Digest. 
 
 PARATUM HABEO (Lat. I have ready). 
 In practice. A return made by the sheriff 
 to a capias ad respondendum, which sig- 
 nified that he had the defendant ready to 
 bring into court. This was a fiction, where 
 the defendant was at large. Afterwards 
 he was required, by statute, to take bail 
 from the defendant, and he returned cepi 
 corpus and bail bond. But still he might 
 be ruled to bring in the body. 7 Pa. St. 535. 
 
 PARATUS EST VERIFICARE. In old 
 pleading. This he is ready to verify. 
 
 PAR AVAIL. Tenant paravail is the low- 
 est tenant of the fee, or he who is the im- 
 mediate tenant to one who holds of an- 
 other. He is called tenant paravail because 
 it is presumed he has the avails or profits 
 of the land. Fitzh. Nat. Brev. 135; 2 Inst. 
 296. 
 
 PARCEL. A part of the estate. 1 Comyn, 
 Dig. "Abatement" (H 51), "Grant" (E 10). 
 To parcel is to divide an estate. Bac. Abr. 
 "Conditions" (0). 
 
 A small bundle. It is the diminutive of 
 package. 1 Hughes (U. S.) 529. 
 
 The word "parcel" is not a sujfficient de- 
 scription of the property alleged in an in- 
 dictment to have been stolen. The pris- 
 oner was indicted for stealing "one parcel, 
 of the value of one shilling, of the goods," 
 etc. The parcel in question was taken from 
 the hold of a vessel, out of a box broken 
 open by the prisoner. Held an insufficient 
 description. 7 Cox, C. C. 13. 
 
 PARCEL MAKERS. Two ofacers in the 
 exechequer who formerly made the parcels 
 or items of the escheators' accounts, where- 
 in they charged them with everything they 
 had levied for the sovereign's use during 
 the term of their office, and delivered the 
 same to the auditors to make up their 
 accounts therewith. 
 
 PARCELLA TERRAE. A parcel of land. 
 
 PARCELS, BILL OF. An account of the 
 items composing a parcel or package of 
 goods, transmitted with them to the pur- 
 chaser. 
 
 PARCENARY. The state or condition of 
 holding title to lands jointly by parceners, 
 before the common inheritance has been 
 divided. See "Coparcenary, Estates in." 
 
 PARCENERS. The daughters of a man 
 or woman seised of lands and tenements in 
 fee simple or fee tail, on whom, after the 
 death of such ancestor, such lands and 
 tenements descend, and they enter. See 
 "Coparceners." 
 
 PARCHMENT (Fr.; Law Lat. pergame- 
 num). Sheep skins dressed for writing; 
 so called because invented at Pergamus, , 
 in Asia Minor, by King Eumenes, when the 
 exportation of paper, which was made in 
 Egypt only, was forbidden by Ptolemy. 
 
 PARCO FRACTO (Lat.) In English law. 
 The name of a writ against one who vio- 
 lently breaks a pound and takes from 
 thence beasts which, for some trespass 
 done, or some other just cause, were law- 
 fully impounded. 
 
 PAROUS (Lat.) A park. 
 
 PARDON. An act of grace, proceeding 
 from the power intrusted with the execu- 
 tion of the laws, which exempts the individ- 
 ual on whom it is bestowed from the pun- 
 ishment the law inflicts for a crime he has 
 committed. 7 Pet. (U. S.) 160. 
 
 Every pardon granted to the guilty is 
 in derogation of the law. If the pardon be 
 equitable, the law is bad; for where legis- 
 lation and the administration of the law 
 are perfect, pardons must be a violation of 
 the law. But, as human actions are neces- 
 sarily imperfect, the pardoning power 
 must be vested somewhere, in order to pre- 
 vent injustice when it is ascertained that 
 an error has been committed. 
 
 (1) An absolute pardon is one which 
 frees the criminal without any condition 
 whatever. 
 
PARENS 
 
 740 
 
 PARISH 
 
 (2) A conditional pardon is one to which 
 a condition is annexed, , performance of 
 which is necessary to the validity of the 
 pardon. 1 Bailey (S. C.) 283; 10 Ark. 284; 
 1 McCord (S. C) 176; 1 Park. Cr. Cas. 
 (N. Y.) 47. 
 
 (3) A general pardon, more properly 
 called "amnesty" (g. v.), is one which ex- 
 tends to all offenders of the same kind. It 
 may be express, as when a general dec- 
 laration is made that all offenders of a 
 certain class shall be pardoned, or implied, 
 as in case of the repeal of a penal statute. 
 2- Overt. (Tenn.) 423. 
 
 "The distinction between pardon, amnes- 
 ty, and reprieve seems to be that pardon 
 permanently discharges the individual des- 
 ignated from some or all special penal 
 consequences of his crime, but does not 
 affect _ the legal character of the offense 
 committed ; while ' amnesty obliterates the 
 effect, and declares that government will 
 not consider the thing done punishable, 
 and hence operates in favor of all per- 
 sons involved in it, whether mentioned or 
 not; and reprieve only temporarily sus- 
 pends execution of punishment, leaving the 
 legal character of the act unchanged, and 
 the individual subject to its consequences 
 in time to come." Abbott. 
 
 PARENS. A parent. This was the orig- 
 inal and proper sense of the word. 
 
 In the civil law, any relative in the direct 
 ascending line, either male or female. 
 
 PARENS EST NOMEN GENERALE AD 
 omne genus cognationis. Parent is a gen- 
 eral name for every kind of relationship. 
 Co. Litt. 80; Litt. §108; Magna Carta 
 Johan. c. 50. 
 
 PARENS PATRIAE (Lat.) Father of his 
 country. In England, the king, in America, 
 the -state, 94 Kan. 115; the people, 3 Bl. 
 Comm. 427; 2 Steph. Comm. 528; 4 Kent, 
 Comm. 508, note; 17 How. (U. S.) 393; 
 Shelf. Ins. 12; 94 Kan. 115, Ann. Cas. 
 1916E 1024. 
 
 PARENTAGE. Kindred in the direct as- 
 cending line. See 2 Bouv. Inst, note 1955. 
 
 PARENTS. The lawful father and mother 
 of the party spoken of. 1 Murph. (N. C.) 
 336; 11 Serg. & R. (Pa.) 93. 
 
 The term "parent" differs from that of 
 "ancestor;" the latter embracing not only 
 the father and mother, but every person in 
 an ascending line. It differs also from 
 "predecessor." Wood Inst. 68; 7 Ves. 522; 
 
 1 Mui-ph. (N. C.) 336; 6 Bin. (Pa.) 255. 
 See "Father." 
 
 By the civil law, grandfathers and 
 grandmothers, and other ascendants, were, 
 in certain cases, considered parents. Diet, 
 de Jur. "Parente." See 1 Ashm. (Pa.) 55; 
 
 2 Kent, Comm. 159; 5 East, 223; Bouv. 
 Xnst. Index. 
 
 PARENTUM EST LIBEROS ALERE 
 
 etiam nothos. It is the duty of parents to 
 
 support their children, even when illegiti- 
 mate. Lofft, 222. 
 
 PARES (Lat.) A man's equals; his peers. 
 3 Bl. Comm. 349. 
 
 PARES CURIAE (Lat.) In feudal law. 
 Those vassals who were bound to attend 
 the lord's court. Ersk. Inst. bk. 2, tit. 3, 
 § 17; 1 Washb. Real Prop. 
 
 PARES REGNI. The peers of the realm. 
 
 PARESIS. A progressive disease, mani- 
 festing itself at first by a slight loss of 
 memory, dropping of words or careless- 
 ness as to dress or person, these conditions 
 becoming more marked as the disease pro- 
 gresses and affecting in an increasing de- 
 gree the memory, judgment and " mental 
 functions, until, at an advanced stage of 
 the disease, the mental powers of the vic- 
 tim are wholly destroyed. 250 111. 176. 
 
 PARI DELICTO (Lat.) In criminal law. 
 In a similar offense or crime; equal in 
 guilt. 
 
 A person who is in pari delicto with an- 
 other differs from a particeps eriminis in 
 this, that the former term always includes 
 the latter, but the latter does not always 
 include the former. 8 East, 381, 382; 124 
 N. Y. 156. See "In Pari Delicto." 
 
 PARI MATERIA (Lat.) Of the same mat- 
 ter; on the same subject; as, laws pari ma- 
 teria must be construed with reference to 
 each other. Bac. Abr. "Statute" (I 3). 
 
 PARI PASSU (Lat.) By the same grada- 
 tion. Used especially of creditors who, in 
 marshalling assets, are entitled to receive 
 out of the same fund, without any prece- 
 dence over each other. 
 
 PARI RATION E (Lat.) For the like rea- 
 son; by like mode of reasoning. 
 
 PARIA COPULANTUR PARIBUS. Sim- 
 ilar things unite with similar. 
 
 PARIBUS SENTENTIIS REUS ABSOL- 
 vitur. When opinions are equal, a defend- 
 ant is acquitted. 4 Inst. 64. 
 
 PARIENTES. In Spanish law. Relations. 
 White, New Recop. bk. 1, tit. 7, c. 5, § 2. 
 
 PARIES. In the civil law. A wall. Dig. 
 50. 16. 157. 
 
 PARIES COMMUNIS. In the civil law. 
 A common wall; a party wall. Dig. 29. 2. 
 89. 
 
 PARISH. A district of country, of differ- 
 ent extents. 
 
 ^-^In Ecclesiastical Law. The territory 
 committed to the charge of a parson, or 
 vicar, or other minister. Ayliffe, Par. 404; 
 2 Bl. Comm. 112. 
 
 In Louisiana. Divisions corresponding 
 
 to counties. The state is divided into par- 
 ishes. 
 
PARISH APPRENTICE 
 
 741 
 
 PAROLE 
 
 In New England. Divisions of a town, 
 
 originally territorifll, but which now con- 
 stitute quasi' corporations, consisting of 
 those connected with a certain church. See 
 2 Mass. 601; 7 Mass. 447; 16 Mass. 457, 
 488, 492 et seq.; 1 Picfl. (Mass.) 91. 
 
 PARISH APPRENTICE. The children of 
 poor persons in England who are bound by 
 the overseers of the parish, with the con- 
 sent of two justices. 2 Steph. Comm. 230. 
 
 PARISH CONSTABLE. A petty constable 
 exercising his functions within a given par- 
 ish. Mozley & W. 
 
 PARISH COURT. In Louisiana. A court 
 established in each parish, having general 
 probate jurisdiction, and a limited civil 
 jurisdiction. 
 
 PARISH OFFICERS. Church wardens, 
 overseers, and constables. 
 
 PARIUM EADEM EST RATIO, IDEM 
 jus. Of things equal, the reason is the 
 same, and the same is the law. 
 
 PARIUM JUDICIUM (Lat. the decision of 
 equals). The right of trial by one's peers, 
 i- e., by jury in the case of a commoner, by 
 the house of peers in the case of a peer. 
 
 PARK (Law Lat. parous), 
 
 In Old Law. An inclosure. 2 Bl. 
 
 Comm. 38. A pound. Reg. Orig. 166; Cow- 
 ell. Pairk is still retained in Ireland for 
 "pound." 
 
 ^^In English Law. An inclosed chase 
 
 extending only over a man's own grounds. 
 13 Car. II. c. 10; Manw. For. Laws; Cromp. 
 Jur. fol. 148; 2 Bl. Comm. 38. 
 
 In American Law. A piece of ground 
 
 in a city or village set apart for ornament, 
 or to afford the benefit of air, exercise, or 
 amusement. 36 N. Y. 120. 
 
 PARK BOTE. To be quit of inclosing a 
 park, or any part thereof. 
 
 PARLE HILL (also called Parting Hill). 
 A hill where courts were held in old times. 
 Cowell. 
 
 PARLER. (L. Pr.) To speak. Kelham. 
 
 PARLIAMENT (said to be derived from 
 parler la merit, to speak the mind, or parum 
 lamentum). In English law. The legisla- 
 tive branch of the government of Great 
 Britain, consisting of the house of lords 
 and the house of commons. 
 
 PARLIAMENTARY AGENTS. Persons 
 (usually solicitors) who transact the tech- 
 nical business connected with passing pri- 
 vate bills through parliament. They are 
 required to sign a declaration and give se- 
 curity for compliance with the rules of 
 parliament. 
 
 PARLIAMENTARY TAXES. Such taxes 
 as are imposed directly by act of parlia- 
 ment, i. e., by the legislature itself, as dis- 
 
 tinguished from those which are imposed by 
 private individuals or bodies under the au- 
 thority of an act of parliament. Thus, a 
 sewers rate, not being imposed directly by 
 act of parliament, but by certain persons 
 termed "commissioners of sewers," is not 
 a parliamentary tax; whereas the income 
 tax, which is directly imposed, and the 
 amount also fixed, by act of parliament, 
 is a parliamentary tax. 
 
 PARLIAMENTUM DIABOLICUM. A par- 
 liament held at Coventry, 3 Hen. VI., 
 wherein Edward, Earl of March (after- 
 wards King Edward IV.) , and many of the 
 chief nobility were attainted, was so called; 
 but the acts then made were annulled by 
 the succeeding parliament. Jacob. 
 
 PARLIAMENTUM INDOCTUM (Law 
 Lat.) Unlearned or lack learning parlia- 
 ment. A name given to a parliament held 
 at Coventry in the sixth year of Henry IV., 
 under an ordinance requiring that no law» 
 yer should be chosen knight, citizen or bur- 
 gess; "by reason whereof," says Sir Ed- 
 ward Coke, "this parliament was fruitless, 
 and never a good law made thereat." 4 Inst. 
 48; 1 Bl. Comm. 177. 
 
 PARLIAMENTUM INSANUM. A parlia- 
 ment assembled at Oxford, 41 Hen. III., so 
 styled from the madness of their proceed- 
 ings, and because the lords came with 
 armed men to it, and contentions grew very 
 high between the king, lords, and com- 
 mons, whereby many extraordinary things 
 were done. Jacob. 
 
 PARLIAMENTUM RELIGIOSORUM. In 
 most convents there has been a common 
 room into which the brethren withdrew for 
 conversation; conferences there being term- 
 ed parliamentum. Likewise, the societies of 
 the two temples, or inns of court, call that 
 assembly of the benchers or governors 
 wherein they confer upon the common af- 
 fairs of their several houses a "parliament." 
 Jacob. 
 
 PAROCHIA EST LOCUS IN QUO DEGIT 
 populus allcujus eccleslae. A parish Is a 
 place in which the population of a certain 
 church resides. 5 Coke, 67. 
 
 PAROL (more properly parole, a French 
 word, meaning literally "word" or 
 "speech"). Oral; by word of mouth. 
 
 In Contracts. Verbal or merely writ- 
 ten, as distinguished from sealed. 1 Chit. 
 Cont. 1; 3 Johns. Cas. (N. Y.) 60. 
 
 In Evidence. Parol evidence is that 
 
 delivered verbally by witnesses in court. 
 
 PAROLE. 
 
 In International Law. The agreement 
 
 of persons who have been taken by an 
 enemy that they will not again take up 
 arms against those who captured them, 
 either for a limited time or during the 
 continuance of the war. Vattel, liv. 3, c. 
 8, § 151. 
 
PAROLS FONT PLEA 
 
 742 
 
 PARTEM ALIQUAM 
 
 In Criminal Law. A form of condi- 
 tional pardon, by which the convict is re- 
 leased before the expiration of his term, to 
 remain subject, during the remainder there- 
 of, to supervision by the public authorities, 
 and to return to imprisonment on violation 
 of the conditions of the parole. 
 
 PAROLS FONT PLEA. Words make the 
 plea. 6 Mod. 458; Y. B. 19 Hen. VI. 48. 
 
 PARRICIDE (from Lat. pater, father, 
 and caedere, to slay). In civil law. One 
 who murders his father; one who murders 
 his mother, his brother, his sister, or his 
 children. Merlin, Repert.; Dig. 48. 9. 1. 
 3,4. 
 
 The common law does not define the 
 crime and makes no difference in punish- 
 ment between it and other murders. 1 Hale, 
 P. C. 380. 
 
 In colloquial use, the term is applied ac- 
 cording to its derivative, rather than its civ- 
 il-law meaning, to the slayer of a father 
 only. 
 
 PARRICIDIUM. In the civil law. Parri- 
 cide; the murder of a parent. Dig. 48. 9. 9. 
 
 PARS (Lat.) A party (to a suit). Pars 
 actrix, a party plaintiff. Reg. Orig. 9a; 
 Fleta, lib. 2, c. 63, § 11 ; Gierke, Prax. Cur. 
 Adm. tit. 4. Singularly translated in 
 Dyer (179a), part actress. Pars agens. 3 
 How. St. Tr, 863. 
 
 Pars rea, a party defendant. St. Marlb. 
 c. 13, 
 
 PARS ENITiA (Lat.) In old English law. 
 The share of the eldest daughter where 
 lands were . parted between daughters by 
 lot, she having her first choice after the 
 division of the inheritance. Co. Litt. 166b; 
 Glanv. lib. 7, c. 3; Fleta, lib. 5, c. 10, § "In 
 Divisionem." 
 
 PARS GRAVATA. In old practice. A par- 
 ty aggrieved; the party aggrieved. Hardr. 
 50; 3 Leon. 237. 
 
 PARS PRO TOTO. Part for the whole; 
 the name of a part used to represent the 
 whole ; as the roof for the house, ten spears 
 for ten armed men, etc. 
 
 PARS RATIONABiLIS (Lat. reasonable 
 part). That part of a man's goods which 
 the law gave to his wife and children. 2 
 Bl. Comm. 492; Magna Charta; 9 Hen. III. 
 c. 18; 2 Steph. Comm. 228, 254. 
 
 PARSON. In ecclesiastical law. One that 
 hath full possession of all the rights of a 
 parochial church. So called because the 
 church, which is an invisible body, is repre- 
 sented by his person. In England he is 
 himself a body corporate, in order to pro- 
 tect and defend the church (which he per- 
 sonates) by a perpetual succession. Co. 
 Litt. 300. 
 
 PARSON IMPARSONA (Lat.) A persona, 
 or parson, may be termed "impersonata," 
 
 or "impersonee," only In regard to the pos- 
 session he hath of the rectory by the act 
 of another. Co. Litt. 300. One that is in- 
 ducted and in possession of a benefice, e. g., 
 a dean and chapter. Dyer, 40,, 221. He 
 that is in possession of a church, be it pre- 
 sentative or appropriate, and with whom 
 the church Is full, — persona in this case 
 meaning the patron who gives the title, 
 and persona impersonata the parson to 
 whom the benefice is given in the patron's 
 right. Reg. Jud. 24. 
 
 PARSONAGE. A parsonage Is a house In 
 which a minister of the gospel resides. 189 
 Mich. 408. 
 
 PART. A share; one of the portions 
 equal or unequal into which anything is 
 divided, or regarded as divided; a piece; a 
 fragment, division, a member, a constituent, 
 9 111. App. 407; a purpart. This word is 
 also used in contradistinction to counter- 
 part, and is synonymous with section. 9 111. 
 App. 407. Covenants were formerly made 
 in a script and rescript, or part and coun- 
 terpart. 
 
 PART AND PERTINENT. In Scotch law. 
 A term in a conveyance including lands or 
 servitudes held for forty years as part of, 
 or pertinent to, lands conveyed, natural 
 fruits before they are separated, woods 
 and parks, etc., but not steelbow stock, un- 
 less the lands have been sold on a rental. 
 Bell, Diet.; Ersk. Inst. 2. 5. 3. et seq. 
 
 PART OWNERS. Those who own a thing 
 together or in common. 
 
 In Maritime Law. A term applied to 
 
 two or more person who own a vessel to- 
 gether, and not as partners. 
 
 In general, when a majority of the part 
 owners are desirous of employing such a 
 ship upon a particular voyage or adventure, 
 they have a right to do so upon giving se- 
 curity in the admiralty by stipulation to 
 the minority, if required, to bring her back 
 and restore the ship, or, in case of her loss, 
 to pay them the value of their respective 
 shares. 4 Bouv. Inst, note 3780; Abb. 
 Shipp. 70; 3 Kent, Comm. (4th Ed.) 151; 
 Story, Partn. § 489; 11 Pet. (U. S.) 175. 
 When the majority do not choose to em- 
 ploy the ship, the minority have the same 
 right, upon giving similar security. 11 Pet. 
 (U. S.) ,175; 1 Hagg. Adm. 306; Jacobsen, 
 Sea Laws, 442. 
 
 PARTE NON C01V1PARENTE (Lat.) The 
 party not having appeared. The condition 
 of a cause called "default." 
 
 PARTE QUACUMQUE INTEGRANTS 
 sublata, tollitur totum. An integral part be- 
 ing taken away, the whole is taken away. 8 
 Coke, 41. 
 
 PARTEiVl ALIQUAIM RECTE INTELLI- 
 gere nemo potest, antequam totum, iterum 
 atque iterum, perlegerit. No one can right- 
 ly understand any part until he has read 
 I the whole again and again. 3 Coke, 52. 
 
PARTES FINIS NIL HABUERUNT 
 
 743 
 
 PARTIES 
 
 PARTES FINIS NIL HABUERUNT (Lat. 
 the parties to the fine had nothing, i. e., 
 nothing which they could convey). In old 
 English pleading. The plea to a fine levied 
 by a stranger, and which only bound 
 parties and privates. 2 Bl. Comm. 356*; 
 Hob. 334; 1 P. Wms. 520; 1 Wooddeson, 
 Lect. 315. 
 
 PARTIAL LOSS. A loss of a part of a 
 thing, or of its value, as contrasted with a 
 total loss. 
 
 In Maritime Law. Where this hap- 
 pens by damage to an article, it is also 
 called a particular average (q. v.) 
 
 PARTICEPS (Lat. plur. participes; from 
 pars, a part, and capere, to take) . Literally, 
 a part-taker; a partaker or sharer; one 
 jointly interested with another; an asso- 
 ciate or accomplice. 
 
 In old English law. A part-owner; a 
 parcener. 
 
 PARTICEPS CRIMINIS. A sharer or par- 
 taker in crime. Applied, also, to persons 
 participating in an illegal or immoral trans- 
 action or contract not criminal. One _may 
 he particeps criminis, and not in pari de- 
 licto. 124 N. Y. 156. 
 
 PARTICEPS PLURES SUNT QUASI 
 unum corpus in eo quod unum jus habent, et 
 oportet quod corpus sit integrum, et quod 
 in nulla parte sit defectus. Many parceners 
 are as one body, inasmuch as they have one 
 right, and it is necessary that the body be 
 perfect, and that there be a defect in no 
 part. Co. Litt. 4. 
 
 PARTICULA (Law Lat.) In old English 
 law. Parcel. Perk. c. 10, §§ 674, 676, 679. 
 
 PARTICULAR AVERAGE. Every kind of 
 expense or damage, short of total loss, 
 which regards a particular concern, and 
 which is to be wholly borne by the pro- 
 prietor of that concern or interest alone. 2 
 Phil. Ins. § 354; 1 Pars. Mar. Law, 284. 
 See "Average." 
 
 PARTICULAR AVERMENT. See "Aver- 
 ment." 
 
 PARTICULAR CUSTOM. A custom 
 which only affects the inhabitants of some 
 particular district. 
 
 To be good, a particular custom must 
 have been used so long that the memory of 
 man runneth not to the contrary; must 
 have been continued; must have been peace- 
 able; must be reasonable; must be certain; 
 piust be consistent with itself; must be con- 
 sistent with other customs. 1 Bl. Comm. 
 74, 79. 
 
 PARTICULAR ESTATE. An estate which 
 is carved out of a larger, and which pre- 
 cedes a remainder; as, an estate for years 
 to A., remainder to be for life; or an estate 
 for life to A., remainder to B. in tail. This 
 precedent estate is called the "particular 
 estate." 2 Bl. Comm. 165; 4 Kent, Comm. 
 
 226; 16 Viner, Abr. 216; 4 Comyn, Dig. 32; 
 5 Comyn, Dig. 346. See "Remainder." 
 
 PARTICULAR LIEN. A right which a 
 person has to retain property in respect of 
 money or labor expended on such particular 
 property. See "Lien." 
 
 PARTICULAR MALICE. Malice against a 
 particular person. See "Malice." 
 
 PARTICULAR STATEMENT. In Penn- 
 sylvania pleading and practice. A state- 
 ment particularly specifying the date of a 
 promise, book account, note, bond (penal 
 or single), bill, or all of them, on which 
 an action is founded and the amount be- 
 lieved by the plaintiff to be due froln the 
 defendant. 6 Serg. & R. (Pa.) 21. It is 
 founded on the provisions of a statute 
 passed March 21, 1806. See 4 Smith, Pa. 
 Laws, 328. It is an unmethodical declara- 
 tion, not restricted to any particular form. 
 2 Serg. & R. (Pa.) 537; 3 Serg. & R. (Pa.) 
 405; 8 Serg. & R. (Pa.) 316, 567; 2 Browne 
 (Pa.) 40. 
 
 PARTICULAR TENANT. The holder of a 
 particular estate (q. v.). 
 
 PARTICULARS. See "Bill of Particu- 
 lars." 
 
 PARTICULARS OF CRIMINAL 
 
 charges. A prosecutor, when a charge is gen- 
 eral is frequently ordered to give the de- 
 fendant a statement of the acts charged, 
 which is called, in England, the "particu- 
 lars" of the charges. 
 
 In the United States, a bill of particu- 
 lars is often ordered for the same purpose. 
 
 PARTICULARS OF SALE. When proper- 
 ty such as land, houses, shares, reversions, 
 etc., is to be sold by auction, it is usually 
 described in a document called the "par- 
 ticulars" copies of which are distributed 
 among intending bidders. They should 
 fairly and accurately describe the property. 
 Dart, Vend. 113; 1 Dav. Conv. 511. 
 
 PARTIES (Lat. pars, a part. Those who 
 take part in the performance of an act, as, 
 making a contract, carrying on an action. 
 A party in law may be said to be those 
 united in interest in the performance of an 
 act. It may then be composed of one or 
 more persons. "Parties" includes every 
 party to an act. It is also used to denote 
 all the individual separate persons engaged 
 in the act — in which sense, however, a cor- 
 poration may be a party, 
 
 — —To Contracts. Those persons who en- 
 gage themselvefe to do or not to do the 
 matters and things contained in an agree- 
 ment. 
 
 — — In Actions. The persons seeking re- 
 lief, and those against whom relief is 
 sought, In any action. Parties are either 
 "of recttrd," being those in whose name the 
 suit is brought, or who are named as de- 
 fendants, and "not of record," those not so 
 
PARTITION 
 
 744 
 
 PARTURITION 
 
 named, but who have a beneficial interest 
 in the subject matter. 6 Abb. Pr. (N. S.; 
 N. Y.) 147. 
 
 PARTITION. The division whicli is made 
 between several persons of lands, tene- 
 ments, or hereditaments, or of goods and 
 chattels, which belong to them as coheirs or 
 coproprietors. The term is more techni- 
 cally applied to the division of real estate 
 made between coparceners, tenants in com- 
 mon, or joint tenants. 
 
 Compulsory partition is that which takes 
 place by a judicial proceeding for that 
 purpose, without regard to the wishes of 
 one or more of the owners. 
 
 Voluntary partition is that made by the 
 owners by mutual consent. 
 
 PARTNER. One who is a member of a 
 partnership (q. v.) 
 
 Ostensible Partners. Those held out 
 
 and known as partners, and who in reality 
 are such. 
 
 Secret Partners. Those whose rela- 
 tion to the partnership is concealed. 
 
 Active Partners. Those who take an 
 
 active part in the conduct of the business. 
 They may be either ostensible or secret 
 partners. 
 
 ——Silent Partners. Those who take no 
 active part in the management of the busi- 
 ness. They may be either ostensible or se- 
 cret partners. 
 
 Dormant Partners. Such as are both 
 
 secret and silent partners. The term_ is 
 sometimes applied, however, as meaning 
 merely a secret partner, and sometimes as 
 meaning a silent partner. Pars. Partn. 
 §31. 
 
 — — Nominal Partners. Such as are ap- 
 parently partners, but really are not. 
 
 General Partners. Those members of 
 
 a limited partnership whose liability is not 
 limited by special agreement. 
 
 Special Partners. Those members of 
 
 a limited partnership whose liability is lim- 
 ited. See "Partnership." Shumaker, Part- 
 nership, 124. 
 
 PARTNERSHIP. The relation subsisting 
 between two or more persons who have con- 
 tracted together to share as common own- 
 ers the profits of a business carried on by 
 all or any of them on behalf of all of them, 
 Shumaker, Partnership, 2. 
 
 Elements : 
 
 The essential elements of a partnership 
 are (1) a contract between the partners; a 
 true partnership being always formed by 
 contract, not by operation of law. 138 111. 
 74; 43 Mo. 391; 63 Pa. St. 273. The so- 
 called partnership by estoppel or holding 
 out is only an apparent exception; it not 
 being a true partnership inter s4, but only 
 a liability of individuals to third persons 
 as if they were partners. (2) A sharing 
 of profits; but the profits must be shared 
 between the partners as common owners 
 thereof, not because of a portion thereof 
 being due to a party as a debt. 8 H. L. 
 
 C!as. 268; 5 Colo. 564; 30 Me. 384; 38 Cal. 
 206; 28 Ohio St. 319. But community of 
 ownership in the stock or capital by means 
 of which profits are earned is not essential. 
 15 Conn. 67. 
 
 Test: 
 
 Profit sharing, therefore, is not a test, 
 nor is mutual agency, for mutual agency 
 results from partnership, not partnership 
 from agency. The true test is the intention 
 of the parties to share in the profits as 
 common owners. An agreement to share 
 both profits and losses is prima fade but 
 not conclusive evidence of intention to form 
 a partnership (97 111. 303), as is an agree- 
 ment to share profits with nothing said 
 about losses (145 U. S. 611), or with a 
 stipulation against the liability of one of 
 the parties for losses (18 Fed. 888) ; but 
 not an agreement to share gross returns 
 (15 111. 31; 20 N. Y. 93), or to share losses 
 or expenses only (92 111. 103; 132 Mass. 
 423). The common ownership of property 
 does not create a partnership unless it be 
 employed in business for common profit. 
 27 Iowa, 131. 
 
 Classification : 
 
 Partnerships classified with reference to 
 the nature of the association are either 
 (1) ordinary partnerships, (2) limited 
 partnerships, being those wherein the lia- 
 bility of one or more partners is, by com- 
 pliance with certain statutory provisions, 
 limited to the amount of their contribution 
 to the capital stock, or (3) joint-stock 
 companies, being partnerships with a capi- 
 tal stock divided into transferable shares. 
 
 Partnerships classified with reference to 
 their extent are either (1) universal part- 
 nerships, being those in which the parties 
 bring into the firm all their property, of 
 whatever nature, and employ all their serv- 
 ices for the common benefit, (2) general 
 partnerships, being those formed to trans- 
 act some general class of business, or (3) 
 special or particular partnerships, being 
 those formed for a particular transaction. 
 
 Partnerships classified with reference to 
 their business are either (1) trading or 
 commercial partnerships, being those 
 whose business consists in buying or pre- 
 paring for sale and selling commodities for 
 profit, or (2) nontrading partnerships. 
 
 PARTNERSHIP IN COMMENDAM. In 
 Louisiana law. Partnership ,m commendam 
 is formed by a contract by which one 
 person or partnership agrees to furnish an- 
 other person or partnership a certain 
 amount, either in property or money, to 
 be employed by the person or partnership 
 to whom it is furnished, in his or their 
 own name or firm, on condition of receiving 
 a share in the profits, in the proportion 
 determined by the contract, and of being 
 liable to losses and expenses to the amount 
 furnished, and no mcfre. Civ. Code La. art. 
 2839. 
 
 PARTURITION. The act of giving birth 
 to a child. See "Birth." 
 
PARTUS 
 
 745 
 
 PASSENGER 
 
 PARTUS (Lat,) The child just before It 
 is born, or immediately after its birth; oil- 
 spring. 
 
 PARTUS EX LEQITIMO THORO NON 
 certius noscit matrem quam genitorem 
 suam. The offspring of a legitimate bed 
 Icnows not his mother more certainly than 
 his father. Fortescue, c. 42. 
 
 PARTUS SEQUITUR VENTREM. The 
 
 oif-spring follows the condition of the 
 mother. Inst. 2. 1. 19. This is the law in 
 the case of slaves and animals (1 Bouv. 
 Inst, notes 167, 502), but with regard to 
 freemen, children follow the condition of 
 the father. 
 
 PARTY. See "Parties." 
 
 PARTY JURY. A jury de medietate lin- 
 guae (g. V.) 
 
 PARTY STRUCTURE. A structure sepa- 
 rating buildings, stories, or rooms which 
 belong to different owners, or which are ap- 
 proached by distinct staircases or separate 
 entrances from without, whether the same 
 be a partition, arch, floor, or other struc- 
 ture. St. 18 & 19 Vict. c. 122, § 3. Moz- 
 ley & W. 
 
 PARTY WALL. A wall erected on the 
 line _ between two adjoining estates, be- 
 longing to different persons, for the use of 
 both estates. 2 Bouv. Inst, note 1615. 
 
 It is ordinarily owned in common by 
 the adjoining owners, but may be divided 
 longitudinally or divided latitudinally, the 
 sections being subject to mutual easements, 
 or it may belong to one owner, and be 
 subject to an easement in favor of the 
 other. 50 N. Y. 646; 75 111. 118. 
 
 PARUM CAVET NATURA. Nature takes 
 little heed. 2 Johns. Cas. (N. Y.) 127, 166. 
 
 PARUM CAVISSE VIDETUR. In Roman 
 law. He seems to have taken too little 
 care. A form used by judges in pronounc- 
 ing sentence. 
 
 PARUM DIFFERUNT QUAE RE CON- 
 cordant. Things differ but little which agree 
 in substance. 2 Bulst. 86. 
 
 PARUM EST LATAM ESSE SENTEN- 
 tiam, nisf mandetur execution!. It Is not 
 enough that sentence should be given, un- 
 less it be committed to execution, Co. Litt. 
 289. 
 
 PARUM PROFICIT SCIRE QUID FIERI 
 debet, si non cognoscas quomodo sit factu- 
 rum. It avails little to know what ought to 
 be done, if you do not know how it is to be 
 done. 2 Inst. 503. 
 
 PARVA SERJANTIA (Law Lat.) In old 
 English law. Petty serjeanty. Fleta, lib. 
 1, c. 11. Called alsoj parva serjanteria. 
 Magna Carta, 9 Hen. III. c. 27. 
 
 PARVUM CAPE. See "Petit Cape." 
 
 PAS (Fr.) Precedence. 
 
 PASCHA (Law Lat.; Law Fr. paache). 
 In old English law and practice. Easter 
 De termino Pasohae, of the term of Eas- 
 ter. Bracton, fol. 246b. A die Paschae in 
 quindeoim dies, from the day of Easter in 
 fifteen days; after fifteen days of Easter. 
 Reg. Jud. 36; 8 Bl. Comm. Append. No. 
 iii. § 8. 
 
 PASCUA SiLVA (Lat.) In the civil law. 
 A feeding wood; a wood devoted to the 
 feeding of cattle (quae pastui pecudum, 
 deetinata est). Dig. 50. 16. 30. 5. 
 
 PASS. 
 
 In Practice. To proceed; to be en- 
 tered. A verdict or judgment is said "to 
 pass for" a party where it is delivered in 
 his favor. This term is directly taken from 
 the old French passer. 
 
 In Conveyancing. To go from one per- 
 son to another; to be transferred. "The 
 names of things by which they pass in as- 
 surances.'' Hale, Anal. § xxiv. " By what 
 names things pass." Id. § xxxv. 
 
 To convey or transfer. "To pass an es- 
 tate." "Effectual words to pass the inter- 
 est." Id. § xxxv. "The passing of estates." 
 Id. 
 
 PASSAGE MONEY. The sum claimable 
 for the conveyance of a person, with or 
 without luggage, on the water. 
 
 The difference between freight and pas- 
 sage money Is this, that the former Is claim- 
 able for the carriage of goods, and the lat- 
 ter for the carriage of the person. The 
 same rules which govern the claim for 
 freight affect that for passage money. 3 
 Chit. Com. Law, 424; 1 Pet. Adm. (N. Y.) 
 126; 3 Johns. (N. Y.) 335. See "Com- 
 mon Carriers of Passengers." 
 
 PASSAGIO. An ancient writ addressed to 
 the keepers of the ports to permit a man 
 who had the king's leave to pass over sea. 
 Reg. Orig. 193. 
 
 PASSAGIUM(Law Lat.; Law Fr. pass- 
 age, from passer, to pass. In old Eng- 
 lish law. Passage; a passing over sea; 
 a voyage. Reg. Orig. 193b. A term fre- 
 quently used in the law of essoins, in the 
 days of the Crusades. Bracton, fol. 339; 
 Fleta, lib. 6, c. 8. 
 
 PASSATOR. He who has the interest or 
 command of the passage of a river; or a 
 lord to whom a duty is paid for passage. 
 Wharton. 
 
 PASSENGER. One who has taken a place 
 in a public conveyance for the purpose of 
 being transported from one place to an- 
 other. One who is so conveyed from one 
 place to another. 
 
 Though the relation of passenger and 
 carrier is in a sense a matter of contract, 
 on account of the duty of the carrier to 
 receive all persons without discriminations, 
 
PASSIVE DEBTS 
 
 746 
 
 PATENT OF PRECEDENCE 
 
 the implications of contraot are broader 
 than in other cases. Thus, one is a pass- 
 enger on a train which he took by mistake. 
 64 Tex. 536; 40 Ind. 37. 
 
 One who is carried gratuitously is a 
 passenger, as is one who has not yet paid 
 his fare (57 N. Y. Super. Ct. 348; 46 Mo. 
 App. 665), but not one who designs er&d- 
 ing payment of fare (157 Mass. 877), 
 even by using a pass issued to another 
 (J07 Ind. 442). 
 
 An employe of the carrier not engaged 
 in the management of the particular train 
 is a passenger (69 Ga. 715; but see 95 
 N. Y. 267), as is an employe of another 
 carrier under contract, as an express mess- 
 enger (56 Ark. 594), or a postal clerk (95 
 N. Y. 562; 57 Fed. 165). 
 
 The relation of passenger and carrier 
 begins the moment one goes on the car- 
 rier's premises to take passage on one of 
 its trains (58 Ga. 461; 36 Fed. 72; 40 
 Barb. [N. Y.] 546), and is not ended 
 until the passenger leaves the conveyance 
 and the carrier's premises (55 Kan. 682; 
 146 Mass. 241; 9 Tex. Civ. App. 599). 
 
 PASSIVE DEBTS. In the civil law. AU 
 the sums of which one is a debtor, as dis- 
 tinguished from "active debt," — ^those 
 which are owed to one; the terms being 
 used in the same sense as "bills payable" 
 and "bills receivable." The term "passive 
 debt" is also used to indicate one upon 
 which no interest is payable, as distin- 
 guished from "active debt," — one which 
 draws interest, 
 
 PASSIVE TRUST. See "Trust." 
 
 PASSIVE USE A permissive use (g. v.) 
 
 PASSPORT (Pr. passer, to pass, port, 
 harbor or gate). 
 
 In Maritime Law. A paper containing 
 
 a permission from the neutral state to the 
 captain or master of a ship or vessel to 
 proceed on the voyage proposed. It usual- 
 ly contains his name and residence, the 
 name, property, description, tonnage, and 
 destination of the ship, the nature and 
 quantity of the cargo, the place from 
 whence it comes, and its destination, with 
 such other matters as the practice of the 
 place requires. 
 
 It is also called a "sea brief," or "sea 
 letter." But Marshall distinguishes sea 
 letter from passport, which latter, he says, 
 is intended to protect the ship, while the 
 former relates to the cargo, destination, 
 etc. See Jacobsen, Sea Laws, 66, note. 
 This document is indispensably necessary 
 in time of war for the safety of every 
 neutral vessel. Marsh. Ins. bk. 1, c. 9, 
 § 6, 317, 406b. 
 
 A Mediterranean pass or protection 
 against the Barbary powers. Jacobsen, 
 Sea Laws, 66, note; Act Cong. 1796. 
 
 ——In International Law. A document 
 granted in time of war to protect persons 
 or property from the general operation ot 
 
 hostilities, Wheaton, Int. Law, 475: 1 Kent 
 Comm. 161; 6 Wheat. (U. S.) 8. 
 
 An official letter of identification, given 
 to travelers in most countries of continen- 
 tal Europe. These are intended to pro- 
 tect them on their journey from all moles- 
 tation while they are obedient to tiie laws. 
 Passports are also granted by the secre- 
 tary of state to persons traveling abroad, 
 certifying that they are citizens of the 
 United States. 9 Pet. (U. S.) 692. See 
 1 Kent, Comm. 162, 182; Merlin, Repert. 
 
 PASTO (Spanish; from Lat. pastua, g. 
 V.) In Spanish law. Feeding; pasture; a 
 right of pasture. White, New Recop. bk. 
 2, tit. 1, c. 6, § 4. 
 
 PASTURES. Lands upon which beasts 
 feed themselves. By a grant of pastures, 
 the land itself passes. 1 Thomas, Co. Litt. 
 202. 
 
 PASTUS. The procuration or provision 
 which feudal tenants were bound to make 
 for their lords at certain times, or as often 
 as they made a progress to their lands. 
 It was often converted into money. 
 Wharton. 
 
 PATEAT UNIVERSIS PER PRAESEN- 
 tes. Know all men by these presents. 
 
 PATENT. A grant of some privilege, 
 property, or authority, made by the govern- 
 ment or sovereign of a country to one or 
 more individuals. Phil. Pat. 1. 
 
 As the term was originally used in Eng- 
 land, it signified certain written instru- 
 ments emanating from the king, and sealed 
 with the great seal. These instruments 
 conferred grants of lands, honors, or fran- 
 chises; they were called "letters patent," 
 from being delivered open, and by way of 
 contradistinction from instruments like the 
 French lettres de cachet, which went out 
 sealed. 
 
 In the United States the word "patent" 
 is sometimes understood to mean the title 
 deed by which a government, either state 
 or federal, conveys its lands. But in its 
 more usual acceptation it is understood as 
 referring to those instruments by which the 
 United States secures to inventors _ for a 
 limited time the exclusive use of their own 
 inventions. 
 
 PATENT AMBIGUITY. One arising from 
 the words of an instrument, and hence ob- 
 vious on its face before attempting to ap- 
 ply the words to the subject matter. See 
 "Latent Ambiguity." 
 
 PATENT OF PRECEDENCE. Letters pat- 
 ent granted, in England, to such barristers 
 as the crown thinks fit to honor with that 
 mark of distinction, whereby they are en- 
 titled to such rank and preaudience as are 
 assigned in their respective patents, which 
 is sometimes next after the attorney gen- 
 eral, but more usually next after her ma- 
 jesty's counsel then being. These rank 
 
PATENT RIGHT 
 
 747 
 
 PATERNA PATERNIS 
 
 promiscuously with the king's (or queen's) 
 counsel, but are not the sworn servants of 
 the crown. 3 Bl. Comm. 28; 3 Steph. 
 Comm. 274. 
 
 PATENT RIGHT. A right of exclusive 
 sale or manufacture secured by a patent. 
 
 PATENT ROLLS. In English law. Rolls 
 containing the records of letters patent 
 granted by the crown since the year 1516. 
 The earlier of these records are deposited 
 in the Tower, the others are in the Rolls' 
 Chapel. Hubback, Ev. Success. 616, 617, 
 where a particular description is given. 
 
 PATENT WRIT. In old practice. An 
 open writ; one not closed or sealed up. 
 See "Close Writs." 
 
 PATER (Lat.) A father; the father. In 
 the civil law, this word sometimes includ- 
 ed avus (grandfather). Dig. 50. 16. 201. 
 
 PATER-FAMILIAS (Lat.) In civil law. 
 One who was sui juris, and not subject to 
 the paternal power. 
 
 In order to give a correct idea of what 
 was understood in the Roman law by this 
 term, it is proper to refer briefly to the ar- 
 tificial organization of the Roman family, — 
 the greatest moral phenomenon in the his- 
 tory of the human race. The comprehen- 
 sive term familia embraced both persons 
 and property. Money, lands, houses, slaves, 
 children, all constituted part of this arti- 
 ficial family, this juridical entity, this legal 
 patrimony, the title to which was exclu- 
 sively vested in the chief or pater- familias, 
 who alone was capax dominii, and who be- 
 longed to himself, aui juris. 
 
 The word pater-familias is by no means 
 equivalent to the modem expression father 
 of a family, but means "proprietor," in the 
 strongest sense of that term. It is he, qui 
 in domo dominium habet, in whom were 
 centered all property, all power, all au- 
 thority. He was, in a word, the lord and 
 master whose authority was unlimited. No 
 one but he who was sui juris, who was pater- 
 familias, was capable of exercising any 
 right of property, or wielding any super- 
 iority or power over anything, for nothing 
 could belong to him who was himself alieni 
 juris. Hence the children of the filii-f ami- 
 lias, as well as those of slaves, belonged 
 to the pater-familias. In the same manner, 
 everything that was acquired by the sons 
 or slaves formed a part of the familia, and, 
 consequently, belonged to its chief. This 
 absolute property and power of the pater- 
 familias only ceased with his life, unless 
 he voluntarily parted with them by a sale; 
 for the alienation by sale is invariably the 
 symbol resorted to for the purpose of dis- 
 solving the stern dominion of the pater- 
 familias over those belonging to the familia. 
 Thus, both emancipation and adoption are 
 the results of imaginary sales, — per imag- 
 inarias venditnones. As the daughter rer 
 malned in the family of her fathe-r, grand- 
 father, or great-grandfather, as the case 
 
 might be, notwithstanding her marriage, it 
 followed as a necessary consequence that 
 the child never belonged to the same family 
 as its mother. There is no civil relation- 
 ship between them; they are natural rela- 
 tions, — cognati, — but they are not legally 
 related to each other, — agnati, and therefore 
 the child never inherits from its mother, 
 nor the mother from her child. There was, 
 however, a means by which the wife might 
 enter into the family and subject herself 
 to the power of her husband, in mmiu mar- 
 iti, and thereby establish a legal relation- 
 ship between herself and her husband. This 
 marital power of the husband over the wife 
 was generally acquired either coemptione, 
 by the purdiase of the wife by the hus- 
 band from the pater-familias, or msm, by 
 the prescription based on the possession of 
 one year, — the same by which the title to 
 movable proijerty was acquired according 
 to the principles governing the usucapio 
 (usu capere, to obtain by use). Another 
 mode of obtaining the same end was the 
 eonfarreatio, a sacred ceremony perform- 
 ed by the breaking and eating of a small 
 cake, farreum, by the married couple. It 
 was supposed that by an observance of this 
 ceremony the marital power was produced 
 by the intervention of the gods. This sol- 
 emn mode of celebrating marriages was pe- 
 culiar to the patrician families. By means 
 of these fictions and ceremonies, the wife 
 became, in the eye of the law, the daughter 
 of her husband, and the sister of the chil- 
 dren to whom she gave birth, who would 
 otherwise have been strangers to her. Well 
 might Gains say. Fere nulli alii sunt hom- 
 ines qui talem in liberos habeant potesta- 
 tem, qualem nos habemus. 
 
 This extraordinary organization of the 
 Roman family, and the unlimited powers 
 and authority vested in the pater-familias, 
 continued until the reign of Justinian, who, 
 by his 118th Novel, enacted on the 9th of 
 August, 544, abolished the distinction be- 
 tween the agnatio and eognatio, and estab- 
 lished the order of inheritance, which, with 
 some modifications, continues to exist at the 
 present day in all countries whose juris- 
 prudence is based on the civil law. See 
 "Patria Potestas." 
 
 PATER IS EST QUEM NUPTIAE DE- 
 
 monstrant. The father is he whom the mar- 
 riage points out. 1 BI. Comm. 446; 7 Mart. 
 (N. S.; La.) 548, 553; Dig. 2. 4. 5; 1 Bouv. 
 Inst, notes 273, 304, 322 ; Broom, Leg. Max. 
 (3d London Ed.) 468. 
 
 PATER PATRIAE. Father of the coun- 
 try. See "Parens Patriae." 
 
 PATERNA PATERNIS (Lat. the father's 
 to the father's). In French law. An ex- 
 pression used to signify that, in a succes- 
 sion, the property coming from the father 
 of the deceased descends to his paternal 
 relations. 
 
PATERNAL 
 
 748 
 
 PATRIA POTESTAS 
 
 PATERNAL. That which belongs to the 
 father or comes from him; as, paternal 
 power, paternal relation, paternal estate, 
 paternal line. See "Line." 
 
 PATERNAL POWER. The authority law- 
 fully exercised by parents over their chil- 
 dren. See "Father." 
 
 PATERNAL PROPERTY. That which de- 
 scends or comes from the father and other 
 ascendants or collaterals pf the paternal 
 stock. Domat, tit. 3, § 2, note 11. 
 
 PATERNITY. The state or condition of a 
 father, 
 
 PATIBULATED. Hanged. 
 
 PATIBULUM. In old English law. A gal- 
 lows or gibbet. Pleta, lib. 2, c. 3, § 9. 
 
 PATIENS. In the civil law, the passive 
 party to a transaction. The correlative 
 term is agens. See "Agent and Patient." 
 
 PATRIA (Lat.) The country; the men of 
 the neighborhood competent to serve on a 
 jury; a jury. This word is nearly synony- 
 mous with pais (q. v.) 
 
 PATRIA LABORIBUS ET EXPENSIS 
 
 non debet fatlgarl, A jury ought not to be 
 harassed by labors and expenses. Jenk. 
 Cent. Cas. 6. 
 
 PATRIA POTESTAS (Lat.) In civil law. 
 The paternal power; the authority which 
 the law vests in the father over the persons 
 and property of his legitimate children. 
 
 One of the effects of marriage is the pa- 
 ternal authority over the children born in 
 wedlock. In the early period of the Ro- 
 man history, the paternal authority was un- 
 limited. The father had the absolute con- 
 trol over his children, and might even, as 
 the domestic magistrate of his family, con- 
 demn them to death. They could acquire 
 nothing except for the benefit of the pater- 
 fwmilias (q. v.), and they were even liable 
 to be sold and reduced to slavery by the 
 author of their existence. But in the prog- 
 ress of civilization, this stern rule was 
 gradually relaxed. The voice of nature and 
 humanity was listened to on behalf of the 
 oppressed children of a cruel and heartless 
 father. A passage in the 37th book (title 
 12, § 5) of the Pandects informs us that, 
 in the year 870 of Rome, the emperor Tra- 
 jan compelled a father to release his son 
 from the paternal authority, on account of 
 cruel treatment. The same emperor sen- 
 tenced a father to transportation because 
 he had killed his son in a hunting party, 
 although the son had been guilty of adul- 
 tery with his stepmother; for, says Mar- 
 cianus, who reports the case, patria potes- 
 tas in pietate debet, non in atrocitate, con- 
 sistere. Ulpianus says that a father is 
 not permitted to kill his son without a 
 judgment from the prefect or the president 
 of ttie province. In the year 981 of Rome, 
 the emperor Alexander Severus addressed 
 
 a constitution to a father, which is found 
 m book 8, tit. 47, § 3, of the Justinian Code, 
 m which he says: "Your paternal author- 
 ity authorizes you to chaistise your son, and 
 If he persists in his misconduct you may 
 bring him before the president of the prov- 
 ince, who will sentence him to such pun- 
 ishment as you may desire." In the same 
 book and title of the Code we find a con- 
 stitution of the emperor Constantine, dated 
 in the year of Rome 1066, which inflicts 
 the punishment denounced against parri- 
 cide on the father who shall be convicted 
 of having killed his son. The power of 
 selling the child, which at first was unlim- 
 ited, was also much restricted, and finally 
 altogether abolished, by subsequent legisla- 
 tion, especially during the empire. Paulus 
 who wrote about the middle of the tenth 
 century of Rome, informs us that the father 
 could only sell his child in case of extreme 
 poverty,— confemp/aiione extremae necessi- 
 tatis aut alimentarum gratia. In 1039 of 
 Rome, Diocletian and Maximian declare in 
 a rescript that it is beyond doubt manifes- 
 tisstrm juris) that a father can neither sell 
 nor pledge nor donate his children. Con- 
 stantine, in 1059, permitted the sale by the 
 father of his child at its birth, and when 
 forced to do so by abject poverty,— propter 
 mmiam paupertatem egestatemque victus; 
 and the same law is re-enacted in the Code 
 of Justinian. Code, 4. 43. 2. 3, 
 
 The father, being bound to indemnify the 
 party who had been injured by the offenses 
 of his child, could release himself from this 
 responsibility by an abandonment of the 
 offender, in the same manner as the master 
 could abandon his slave for a similar pur- 
 pose, — noxali causa maneipare. This power 
 of abandonment continued to exist, with re- 
 gard to male children, up to the time of 
 Gaius, in the year 925 of Rome. But by 
 the Institutes of Justinian it is forbidden. 
 Inst. 4. 8. 7. 
 
 With regard to the rights of the father to 
 the property the child might acquire, it was 
 originally as extensive and absolute as if it 
 had been acquired by a slave. The child 
 could possess nothing nor acquire anything 
 that did not belong to the father. It is true, 
 the child might possess a peculium, but of 
 this he had only a precarious enjoyment, 
 subject to the will and pleasure of the fath- 
 er. Under the first emperors, a distinction 
 was made in favor of the son as to such 
 property as had been acquired by him in 
 the army, which was called castrense pecu- 
 lium, to which the son acquired a title in 
 himself. Constantine extended this rule by 
 applying it to such property as the child 
 had acquired by services in offices held in 
 the state, or by following a liberal profes- 
 sion. This was denominated quasi cas- 
 trense peculium. He also created the peour 
 lium adventitium, which was composed of 
 all property inherited by the son from his 
 mother, whether by will or ah i/ntestat; but 
 the father had the usufruct of this pecM- 
 lium. Arcadius and Honorius extended it 
 
PATRIA POTESTAS 
 
 749 
 
 PATRIMONY 
 
 to everything the son acquired by succession 
 or donations from his grandfather or moth- 
 er or other ascendants in the maternal life. 
 Theodosius and Valentinian embraced in it 
 whatever was given by one of the spouses 
 to the other, and Justinian included in it 
 everything acquired by the son, except such 
 as was produced by property belonging to 
 the father himself. It is thus seen that, 
 by the legislation of Justinian and his pred- 
 ecessors, the paternal power vrith regard 
 to property was almost entirely destroyed. 
 The pater-familias had not only under his 
 paternal power his own children, but also 
 the children of his sons and grandsons, — in 
 fact, all his descendants in the male line; 
 and this authority continued in full force 
 and vigor, no matter what might be the age 
 of those subject to it. The highest offices 
 in the government did not release the in- 
 cumbent from the paternal authority. The 
 victorious general or consul to whom the 
 honors of a triumph were decreed by the 
 senate was subject to the paternal power 
 in the same manner and to the same extent 
 as the humblest citizen. It is to be ob- 
 served, however, that the domestic subjec- 
 tion did not interfere with the capacity of 
 exercising the highest public functions in 
 the state. The children of the daughter 
 were not subject to the paternal authority 
 of her father, — ^they entered into the family 
 of her husband. Women could never exer- 
 cise the paternal power. And even when 
 a woman was herself sui juris, she could 
 not exercise the paternal power. It is for 
 this reason, Ulpian observes, that the family 
 of which a woman, sui juris, was the head, 
 mater- familias, commenced and ended with 
 her, — mulier autem familiae suae et caput 
 et finis est. 1 Ortolan, 191 et seq. 
 
 The modern civil law has hardly pre- 
 served any features of the old Roman jur- 
 isprudence concerning the paternal power. 
 Article 233 of the Louisiana Code provides, 
 it is true, that a child, whatever be its age, 
 owes honor and respect to its father and 
 mother; and the next article adds that the 
 child remains under the authority of the 
 father and mother until his majority or 
 emancipation, and that, in case of a differ- 
 ence of opinion between the parents, the 
 authority of the father shall prevail. In 
 the succeeding article, obedience is enjoined 
 on the child to the orders of the parents as 
 long as he remains subject to the paternal 
 authority. But article 236 renders the fore- 
 going rules in a great measure nugatory, 
 by declaring that "a child under the age 
 of puberty cannot quit the paternal house 
 without the permission of his father and 
 mother, who have a right to correct him, 
 provided it be done in a reasonable man- 
 ner." So that the power of correction ceases 
 with the age of fourteen for boys and 
 twelve for girls. Nay, at these ages the 
 children may leave the paternal roof in op- 
 position to the will of their parents. It is 
 seen that, by the modern law, the paternal 
 authority is vested in both parents, but 
 
 practically it is generally exercised by the 
 father alone, for, wherever there is a dif- 
 ference of opinion, his will prevails. The 
 great object to be attained by the exercise 
 of the paternal power is the education of 
 the children to prepare them for the battle 
 of life, to make them useful citizens and 
 respectable members of society. During the 
 marriage, the parents are entitled to the 
 enjoyment of the property of their minor 
 children, subject to the obligation of sup- 
 porting and educating them, and of paying 
 the taxes, making the necessary repairs, 
 etc. Donations made to minors are accept- 
 ed by their parents or other ascendants. 
 The father has under his control all actions 
 which it may be necessary to bring for his 
 minor children during the marriage. When 
 the marriage is dissolved by the death of 
 one of the spouses, the paternal power 
 ceases, and the tutorship is opened; but 
 the surviving parent is the natural tutor, 
 and can at his death appoint a testament- 
 ary tutor to his minor children. See "Pa- 
 ter-Familias." 
 
 PATRIA POTESTAS IN PIETATE DEB- 
 et, non in atrocltate consistere. Paternal 
 power should consist in affection, not in 
 atrocity. 
 
 PATRICIDE. One guilty of killing his 
 father. See "Parricide." 
 
 PATRICIUS. In Roman law. A nonheredl- 
 tary title to nobility conferred by the em- 
 peror. 
 
 PATRIMONIAL. A thing which comes 
 from the father, and, by extension, from the 
 mother or other ancestor. 
 
 PATRIMONIUM. In civil law. That 
 which is capable of being inherited. 
 
 Things capable of being possessed by a 
 single person exclusively of all others are, 
 in the Roman or civil law, said to be in 
 patrimonio; when incapable of being so pos- 
 sessed, they are extra patrimonium. 
 
 Most things may be inherited; but there 
 are some which are said to be extra patri- 
 monium, or which are not in commerce. 
 These are such as are common, as the light 
 of heaven, the air, the sea, and the like; 
 things public, as rivers, harbors, roads, 
 creeks, ports, arms of the sea, the seashore, 
 highways, bridges, and the like; things 
 which belong to cities and municipal cor- 
 porations, as public squares, streets, mar- 
 ket houses, and the like. See 1 Bouv. Inat. 
 notes 421-446. 
 
 PATRIMONY. Any kind of property; such 
 estate as has descended in the same family; 
 estates which have descended or been de- 
 vised in a direct line from the father, and, 
 by extension, from the mother or other an- 
 cestor. 
 
 The father's duty to take care of his chil- 
 dren. Swinb. Wills, pt. 3, § 18, note 31, p. 
 235. 
 
PATRIMUS 
 
 750 
 
 PAWNBROKER 
 
 PATRIMUS (Lat. from pater, father. In 
 the civil law. One who had a father living. 
 Calv. Lex.; Spelman. 
 
 PATRINUS (Law Lat. from pater, fatS- 
 er). In old ecclesiastical law. A god- 
 father. Spelman. 
 
 PATROCINIUM (Lat.) In the Roman law. 
 Patronage; protection; defense. The busi- 
 ness or duty of a patron or advocate. See 
 "Patronus." 
 
 PATRON. 
 
 In Ecclesiastical Law. He who has 
 
 the disposition and gift of an ecclesiastical 
 benefice. 
 
 In Roman Law. The former master 
 
 of a freedman. Dig. 2. 4. 8. 1. 
 
 PATRONAGE. The right of appointing to 
 ofiice; as, the patronage of the president of 
 the United States, if abused, may endan- 
 ger the liberties of the people. 
 
 In Ecclesiastical Law. The right of 
 
 presentation to a church or ecclesiastical 
 benefice. 2 Bl. Comm. 21. 
 
 PATRONATUS (Lat. from patronus, 
 q. V.) 
 
 In the Roman Law. The condition, 
 
 relation, right, or duty of a patron. 
 
 In Ecclesiastical Law. Patronage (ff. 
 
 V.) 
 
 PATRONUIVI FACIUNT DOS, AEDIFICA- 
 tio, fundus. Endowment, building, and land 
 make a patron. Dod. Adv. 7. 
 
 PATRONUS (Lat.) In Roman law. A 
 modification of the Latin word pater, fath- 
 er. A denomination applied by Romulus 
 to the first senators of Rome, and which 
 they always afterwards bore. Romulus at 
 first appointed a hundred of them. Seven 
 years afterwards, in consequence of the 
 association of Tatius to the Romans, a hun- 
 dred more were appointed, chosen from the 
 Sabines. Tarquinius Priscus increased the 
 number to three hundred. Those appoint- 
 ed by Romulus and Tatius were called 
 patres majorum gentium, and the others 
 were called patres minorum gentium,. These 
 and their descendants constituted the no- 
 bility of Rome. The rest of the people 
 were called the "plebeians," every one of 
 whom was obliged to choose one of these 
 fathers as his patron. The relation thus 
 constituted involved important conse- 
 quences. The plebeian, who was called 
 eliens (a client), was obliged to furnish 
 the means of maintenance to his chosen 
 patron, to furnish a portion for his pa- 
 tron's daughters, to ransom him and his 
 sons, if captured by an enemy, and pay 
 all sums recovered against him by judg- 
 ment of the courts. The patron, on the 
 other hand, was obliged to watch over the 
 interests of his client, whether present or 
 absent, to protect his person and property, 
 and especially to defend him in all actions 
 brought against him for any cause. Neither 
 
 could accuse or bear testimony against the 
 other, or give contrary votes, etc. The 
 contract was of a sacred nature; the viola- 
 tion of it was a sort of treason, and pun- 
 ishable as such. According to Cicero (De 
 Repub. ii. 9), this relation formed an in- 
 tegral part of the governmental system, Et 
 habuit plebem in clientelas principum de- 
 scriptum, which he affirms was eminently 
 useful. Blackstone traces the system of 
 vassalage to this ancient relation of patron 
 and client. It was, in fact, of the same 
 nature as the feudal institutions of the 
 middle ages, designed to maintain order in 
 a rising state by a combination of the op- 
 posing interests of the aristocracy and of 
 the common people, upon the principle of 
 reciprocal bonds for mutual interests. 
 Dumazeau, Barreau Remain, § iii. Ulti- 
 mately, by force of radical changes in the 
 institution, the word patronus came to sig- 
 nify nothing more than an advocate. Id.' iv. 
 
 PATROON. In old New York law. The 
 lord of a manor. 
 
 PATRUELIS (Lat.) In civil law. A cousin 
 german by the father's side; the son or 
 daughter of a father's brother. Dig. 38. 
 10. 1. 
 
 PATRUUS (Lat.) In civil law. An uncle 
 by the father's side; a father's brother. 
 Dig. 38. 10, 10. Patruus magnus is a grand- 
 father's brother, — grand uncle. Patruus ma- 
 jor is a great-grandfather's brother. Pa- 
 trwus mnximus is a great-grandfather's 
 father's brother. 
 
 PAUPER. One so poor that he must be 
 supported at the public expense. 
 
 A person who, being unable to support 
 himself or herself and his or her children, 
 applies to the public authorities for relief, 
 becomes by so doing a pauper. 159 111. 500. 
 12 Mete. (Mass.) 35; Garland v. Dover, 19 
 Me. 44; Clinton v. York, 26 Me. 167; Green 
 V. Brookfield, 3 Greenl. 136; East Haddam 
 v. Lyme, 14 Cow. 394; Northfield v. Rox- 
 bury, 15 Vt. 622. 
 
 PAUPERIES (Lat.) In civU law. Poverty. 
 In a technical sense, damnum absque in- 
 juria, i. e., a damage done without wrong 
 on the part of the doer; e. g., damage done 
 by an irrational being, as an animal. L. 1, 
 § 3, D. si quod paup. fee; Vicat; Calv. Lex. 
 
 PAVIAGE. A contribution or tax for pav- 
 ing streets or highways. 
 
 PAWN. A pledge. A pledge includes, in 
 Louisiana, a pawn and an antichresis; but 
 sometimes pawn is used as the general!, 
 word, including pledge and antichresis. 
 Civ. Code La. art. 3101; Hennen, Dig. 
 "Pledge." 
 
 PAWNBROKER. One whose business it 
 is to lend money, usually in small sums, 
 upon pawn or pledge. 
 
PAWNEE 
 
 751 
 
 PECULIAE 
 
 PAWNEE. He who receives a pawn or 
 pledge. 
 
 PAWNOR. One who, being liable to an 
 engagement, gives to the person to whom 
 he is liable a thing to be held as a security 
 for the payment of his debt or the fulfill- 
 ment of his liability. 
 
 PAX (Lat.) In old English law. Peace; 
 the peace. A state of order and quiet, in 
 the preservation of which the whole com- 
 munity was concerned; otherwise called the 
 "king's peace" (pax regis) , he being the 
 principal conservator of the peace of the 
 kingdom. 1 Bl. Comm. 268, 349, 350. Qiiod 
 pax nostra teneatur, that our peace be 
 maintained. Magna Carta, 9 Hen. III. c. 
 35. The term occurs also in , feudal law. 
 Feud. Lib. 2, tits. 27, 58. 
 
 Freedom from molestation by another. 
 Fleta, lib. 2, c. 51, §§ 2, 3. 
 
 The privilege of a member of a legisla- 
 tive assembly. See 1 Bl. Comm. 165. 
 
 PAX ECCLESIAE (Law Lat.) In old Eng- 
 lish law. The peace of the church. See 
 "Peace of God and the Church." 
 ■ A particular privilege attached to a 
 church; sanctuary (q. v.) Crabb, Hist. Eng. 
 Law, 41; Cowell. 
 
 PAX REGIS (Lat.) The peace of the king. 
 That peace or security for life and goods 
 which the king promises to all persons un- 
 der his protection. Bracton, lib. 3, c. 11; 6 
 Rich. II. St. 1, c. 13. 
 
 In ancient times there were certain limits 
 which were known by this name. The pax 
 regis, or verge of the court, as it was after- 
 wards called, extended from the palace gate 
 to the distance of three miles, three fur- 
 longs, three acres, nine feet, nine palms, 
 and nine barleycorns (Crabb, Com. Law, 
 41) ; or from the four sides of the king's 
 residence, four miles, three furlongs, nine 
 acres in breadth, nine feet, nine barley- 
 corns, etc. (LL. Edw. Conf. c. 12 et LL. 
 Hen. I.) 
 
 PAYABLE. A sum of money is said to be 
 payable when a person is under an obliga- 
 tion to pay it. "Payable" may therefore 
 signify an obligation to pay at a future 
 time, but, when used without qualification, 
 "payable" means that the debt is payable' 
 at once, as opposed to "owing." 2 Ch. Div. 
 103. 
 
 PAYEE. The person in whose favor a 
 note or bill of exchange is made payable. 
 
 PAYMENT. The fulfillment of a promise, 
 or the performance of an agreement. 
 
 The discharge in money of a sum due_. 
 
 In its most general sense, the rendition 
 by the person under an obligation (68 Cal. 
 41) to the person to whom the same is due, 
 or one lawfully authorized to represent 
 him (6 How. Pr. [N. Y.] 161), of the exact 
 act or thing required by such obligation 
 (23 La. Ann. 84; 3 Duer [N. Y.] 441; 1 
 
 Gush. [Mass J 76), with the assent of 
 both parties that the same is rendered and 
 received in satisfaction of such obligation, 
 and not for another purpose (50 Mich. 
 112; 6 Heisk. [Tenn.] 131). 
 
 In a more restricted sense, payment is 
 the rendition of a sum of money due. 
 As so used, payment in cash is implied, 
 and the giving of a note or check is not 
 payment. 26 Conn. 487; 70 Iowa, 406; 42 
 N. Y. 638. 
 
 PAYMENT INTO COURT. Deposit of a 
 sum of money with a proper officer of court 
 for the benefit of the adverse party, and by 
 way of a continuing tender thereof to him 
 in answer to his claim. 
 
 PAYS. Country. Trial per pays, trial 
 by jury (the country) . See "Pais." 
 
 PEACE (Law Fr, peas,' pees; hat. pax). 
 Quiet,_ orderly behavior; the quiet, orderly 
 behavior of the citizens or subjects of a 
 community towards one another, and to- 
 wards the government, which is said to be 
 broken by acts of a certain kind. See 
 "Breach of Peace." Defined in the old 
 books, "a quiet and harmless behavior to- 
 ward the king and his people." Lambard, 
 Eiren, lib. 1, c. 2; Cowell. 
 
 PEACE OF GOD AND THE CHURCH. 
 
 The freedom from suits ^t law between the 
 terms. Spelman; Jacob. 
 
 PECCATA CONTRA NATURAM SUNT 
 gravissima. Offenses against nature are the 
 heaviest. 3 Inst. 20. 
 
 PECCATUM PECCATO ADDIT QUI CUU- 
 pae quam facit patrocinium defensionis ad- 
 Jungit. He adds one offense to another who, 
 when he commits a crime, joins to it the 
 protection of a defense. 5 Coke, 49. 
 
 PECK. A measure of capacity, equal to 
 two gallons. See "Measure." 
 
 PECORA (Lat.; pi. of peeus). In the Ro- 
 man law. Cattle; beasts. The term in- 
 cluded all quadrupeds that fed in flocks. 
 Dig. 32. 65. 4. 
 
 PECULATION. 
 
 In Civil Law. The unlawful appropria- 
 tion, by a depositary of public funds, of 
 the property of the government intrusted 
 to his care, to his own use or that of 
 others. Domat, Supp. au. Dr. Pub. lib. 3. 
 tit. 5. 
 
 In American Law. An offense defined 
 
 by statute in New York, essentially the 
 same as in the civil law. 
 
 PECULATUS. In the civil law. The of- 
 fense of stealing or embezzling the public 
 money. Hence the common English word 
 "peculation;" but "embezzlement" is the 
 proper legal term. 4 Bl. Comm. 121, 122. 
 
 PECULIAR. In ecclesiastical law. A par^ 
 ish or church in England which has juris- 
 
PECULIUM 
 
 752 
 
 PECUNIA TRAJECTITIA 
 
 diction "Bf ecclesiastical matters within it- 
 self, and independent of the ordinary. 
 They may be either: 
 
 (1) Royal, which include the sovereign's 
 free chapels. 
 
 (2) Of the archbishops, excluding the 
 jurisdiction of the bishops and archdeacons. 
 
 (8) Of the bishops, excluding the juris- 
 diction of the bishop of the diocese in 
 which they are situated. 
 
 (4) Of the bishops in their own diocese, 
 excluding archdiaconal jurisdiction. 
 
 (5) Of deans, deans and chapters, pre- 
 bendaries, and the like, excluding the 
 bishop's jurisdiction in consequence of an- 
 cient compositions. 
 
 The court of peculiars has jurisdiction 
 of causes arising in such of these peculiars 
 as are subject to the metropolitan of Can- 
 terbury. In other peculiars the jurisdic- 
 tion is exercised by commissaries. 1 
 Phillim. Ecc. Law, 202, note 245; Skin. 
 589; 3 Bl. Comm. 65. 
 
 PECULjUM (Lat.) In civil law. The most 
 ancient kind of peculium was the peculium 
 profectitium of the Roman law, which sig- 
 nified that portion of the property acquired 
 by a son or slave which the father or 
 master allowed him, to be managed as he 
 saw fit. In modern civil law there are 
 other kinds of peculium, viz., pecalinm cas- 
 trense, which includes all movables given 
 to a son by relatives and friends on his 
 going on a campaign, all the presents of 
 comrades, and his military pay and the 
 things bought with it; peculium quasi cas- 
 trense, which includes all acquired by a 
 son by performing the duties of a public 
 or spiritual office or of an advocate, and 
 also gifts from the reigning prince; pecu- 
 lium adventitium, which includes the prop- 
 erty of son's mother and relatives on that 
 side of the house, and all which comes to 
 him on a second marriage of his parents, 
 and, in general, all his acquisitions which 
 do not come from his father's property, 
 and do not come under castrense or quasi 
 casfrense peculium. 
 
 The peculium, profectitium remains the 
 property of the father. , The peculium cast- 
 reiise and quasi castrense are entirely the 
 property of the son. The peculium adventi- 
 tium belongs to the son, but he cannot alien 
 it nor dispose of it by will; nor can the 
 father, unless under peculiar circum- 
 stances, alien it without consent of son. 
 Mackeld. Civ. Law, §§557-559; Vicat; Inst. 
 2. 9. 1; Dig. 15. 1. 5. 3; Poth. ad Pand. 
 lib. 50, tit. 17, c. 2, art. 3. 
 
 PECULIUM CASTRENSE. That property 
 which a minor son who was in the army 
 might hold by reason thereof, or which he 
 acquired in war. 
 
 PECUNIA (Lat.) In civil law. Property, 
 real or personal, corporeal or incorporeal. 
 Things in general, omnes res. So the law of 
 the Twelve Tables said, uti quisque pater- 
 familias legasset super pecunia tutelave rei 
 
 suae, ita jus esto, in whatever, manlier a 
 father of a family may have disposed of 
 his property, or of the tutorship of his 
 things, let this dispostion be law. 1 Lee. 
 Elm. 288. But Paulus (liber 5, D. de Verb. 
 Signif.) gives it a narrower sense than 
 res, which he says means what is not in- 
 cluded within patrimony; pecunia what is. 
 Vicat. In a still narrower sense, it means 
 those things only which have measure, 
 weight, and number and most usually 
 strictly money. Id. The general sense 
 of property occurs, also, in the old English 
 law. Leg. Edw. Confess, c. 10. 
 
 Flocks were the first riches of the an- 
 cients; and it is from pecus that the words 
 pecunia, pecidium, and peculatns are de- 
 rived. In old English law, pecunia often 
 retains the force of pecus. So often in 
 Domesday Book, — pastura ibidem pecuniae 
 villae, i. e., pasture for cattle of the vil- 
 lage. So vivae pecuniae, live stock. Leg. 
 Edw. Confess, c. 10; Emendat. Willielmi 
 Primi ad Leges Edw. Confess.; Cowell. 
 
 PECUNIA CON ST I TUT A. In Roman law. 
 Money owing (even upon a moral obliga- 
 tion) upon a day being fixed (constituta) 
 for its payment became recoverable upon 
 the implied promise to pay on that day, 
 in an action called "de pecunia coTistituta," 
 the implied promise not amounting (of 
 course) to a stipulatio. 
 
 PECUNIA DICITUR A PECUS, OMNES 
 enim veterum divltlae in animallbus consis- 
 tebant. Money (pecunia) is so called from 
 cattle (pecus), because all the wealth of 
 our ancestors consisted in cattle. Co. Litt. 
 207. 
 
 PECUNIA NONNUMERATA (Lat.) 
 Money not paid or numbered. The ex- 
 ception nonnumeratae pecuniae (plea of 
 money not paid) is allowed to the principal 
 or surety by the creditor. Calv. Lex. 
 
 PECUNIA NUMERATA (Lat.) Money giv- 
 en in payment of a debt. Properly used of 
 the creditor, who is properly said to num- 
 ber, i. e., count out, the money to the debtor 
 which he must pay, and improperly of the 
 debtor, who is said to number or count out 
 the money to the creditor, i. e., to pay it. 
 Vicat; Calv. Lex. 
 
 PECUNIA SEPULCHRALIS. Money an- 
 ciently paid to the priest at the opening 
 of a grave for the good of the deceased's 
 soul. 
 
 PECUNIA TRAJECTITIA (Lat.) A loan 
 of money which, either itself or in the 
 shape of goods bought with it, is to be car- 
 ried over the sea, the lender to take the 
 risk from the commencement of voyage till 
 arrival at port of destination, and on that 
 accotint to have higher interest; which in- 
 terest is not essential to the contract, but, 
 if reserved, is called foenus nauticwm. 
 Mackeld. Civ. Law, § 398b. The term 
 foenus nauticwm is sometimes applied to 
 
PECUNIARY 
 
 753 
 
 PEERS 
 
 thfi transaction as well as the interest, 
 making it coextensive with peewrda tra- 
 jecUtia. 
 
 PECUNIARY. That which relates to 
 money. 
 
 PECUNIARY CAUSES. Causes in ecclesi- 
 astical courts where satisfaction is sought 
 for withholding ecclesiastical dues, or the 
 doing or neglecting some act connected 
 with the church. 3 Bl. Comm. 88. For 
 what causes are ecclesiastical, see 2 Burn, 
 Ecc. Law, 39. 
 
 PECUNIARY LEGACY. A bequest of 
 money. 
 
 PECUNIARY LOSS. A loss of money, or 
 of that by which money or something of 
 money value may be acquired. 32 Barb. 
 (N. Y.) 33. 
 
 PECUS (Lat.; pi. pecudes). In the Rom- 
 an law. Cattle; a beast. Under a be- 
 quest of pecudes were included oxen and 
 other beasts of burden. Dig. 32. 81. 2. 
 
 PEDAGIUM, or PEDAGE (Lat. from pes, 
 foot). Money paid for passing by foot or 
 horse through any forest or country. Pu- 
 pilla Oculi, p. 9, c. 7; Cassan de Coutum. 
 Burgund. p. 118; Rot. Vase. 22 Edw. III. 
 m. 34. 
 
 PEDANEUS (Lat. from pes, foot). In 
 the Roman law. On, or at the foot; oc- 
 cupying a low position. A term applied 
 to the indices appointed by the praetor to 
 determine causes; either from their not oc- 
 cupying a tribunal or elevated seat, or be- 
 cause they were occupied with small or less 
 important causes. See "Judex Pedaneus." 
 
 PEDAULUS (Lat. from pes, foot). In 
 civil law. A judge who sat at the foot 
 of the tribunal, i. e., on the lowest seats, 
 ready to try matters of little moment at 
 command of praetor. Calv. Lex.; Vicat. 
 
 PEDDLER. A word is commonly used to 
 describe one who travels about retailing 
 small wares. It carries the idea of petti- 
 ness as respects the character of the busi- 
 ness transacted. The original root of the 
 word is "ped," meaning "basket" in old 
 English and descriptive of the receptacle 
 in which a peddler carries his goods about 
 for sale. 65 Conn. 292. See "Pedlars." 
 
 PEDE PULVEROSUS. In old English and 
 Scotch law. Dusty foot. A term applied 
 to itinerant merchants, chapmen, or 
 peddlers who attended fairs; "Ane mer- 
 chand or cremar quha hes ne certaine dwel- 
 ling place quhair the dust may be dicht fra 
 his feet or schone." Skene de Verb. Sign. 
 
 PEDEM PONERE. (L. Lat.) In civil and 
 old English law. To put or place the 
 foot. A figurative expression used to de- 
 note the taking possession of lands; which 
 was done by standing upon or walking over 
 
 them, or symbolically by merely placing 
 the foot upon the ground. Britt. cc. 35, 
 36, 42, 43. 
 
 PEDIGREE. A succession of degrees from 
 the origin. It is the state of the family as 
 far as regards the relationship of the dif- 
 ferent members, their births, marriages, 
 and deaths. This term is applied to per- 
 sons or families who trace their origin or 
 descent. 
 
 PEDIS ABSCISSIO (Lat.) In old criminal 
 law. The cutting off a foot; a punishment 
 anciently inflicted instead of death. Fleta, 
 lib. 1, c. 38. 
 
 PEDIS POSITIO (Lat. a planting or plac- 
 ing of the foot). A term used to denote 
 an actual corporal possession. Possessio est 
 quasi pedis positio, possession is, as it 
 were, a planting of the foot. 3 Coke, 42; 
 8 Johns. (N. Y.) per Kent, C. J.; 5 Pa. St. 
 303; 2 Nev. & M. 343. See "Pedis Pos- 
 sessio." 
 
 PEDIS POSSESSIO (Lat.) A foothold; an 
 actual possession. To constitute adverse 
 possession, there must be pedis possessio, 
 or a substantial inclosure. 2 Bouv. Inst, 
 note 2193; 2 Nott. & McC. (S. C.),343. 
 
 PEDLARS. Persons who travel about the 
 country with merchandise for the purpose 
 of selling it. 
 
 One is a pedlar who carries his goods 
 about the country for sale by public con- 
 veyance. 4 Barn. & A. 510. 
 
 One who solicits orders by sample for 
 one who ships the same from an estab- 
 lished place of business is not a pedlar. 34 
 Kan. 434. 
 
 Persons, except those peddling news- 
 papers. Bibles, or religious tracts, who 
 sell, or offer to sell, at retail, goods, wares, 
 or other commodities, traveling from place 
 to place, in the street, or through different 
 parts of the country. Act Cong. July 1, 
 1862. See "Peddler." 
 
 PEERS (Lat. pares). The vassals of a 
 lord; the freeholders of a neighborhood, 
 before whom livery of seisin was to be 
 made, and before whom, as the jury of the 
 county, trials were had. 2 Bl. Comm. 
 316. Trial by a man's peers or equals is 
 one of the rights reserved by Magna 
 Charta. 4 Bl. Comm. 349. These vassals 
 were called pares curiae (q. v.) 1 Washb. 
 Real Prop. 23. One's equals in rank and 
 condition. 
 
 The nobility of England, who, though of 
 different ranks, viz., dukes, marquises, 
 earls, viscounts, and barons, yet are equal 
 in their privilege of sitting and voting in 
 the house of lords; hence they are called 
 "peers of the realm." They are created 
 by writ summoning them to attend the 
 house of lords by the title intended to be 
 given, or by letters patent directly con- 
 ferring the dignity. The former is the 
 more ancient way, but the grant by patent 
 
PEERS OP FEES 
 
 754 
 
 PENALTY 
 
 is more certain. See Sullivan, Lect. 19a; 
 1 Wooddeson, Lect. 37. 
 
 Peers are tried by their peers in cases 
 of treason, felony, and misprision of the 
 same. In cases of treason, felony, and 
 breach of the peace, they have no privilege 
 from arrest. 1 Bl. Comm. 401*, note 11. 
 
 Bishops who sit in parliament are peers; 
 but the word "spiritual" is generally 
 added: e. g., "lords temporal and spirit- 
 ual." 1 Bl. Comm. 401*, note 12. 
 
 PEERS OF FEES. Vassals or tenants of 
 the same -lord, who were obliged to serve 
 and attend him in his courts, being equal 
 in function. These were termed "peers 
 of fees," because holding fees of the lord, 
 or because their business in court was to 
 sit and judge, under their lords, of dis- 
 putes arising upon fees_; but, if there were 
 too many in one lordship, the lord usually 
 chose twelve, who had the title of peers, by 
 way of distinction; whence, it is said, we 
 derive our common juries and other peers. 
 Cowell. 
 
 PEGGED. See "Gambling Contract." 
 
 PEINE FORTE ET DURE (Law Fr.) In 
 English law. A punishment formerly in- 
 ilicted in England on a person who, being 
 arraigned of felony, refused to plead and 
 put himself on his trial, and stubbornly 
 stood mute; the purpose of standing mute 
 being, of course, to avoid the confiscation 
 of estate which would follow on convic- 
 tion. He was to be laid down, naked, on 
 his back, on the ground, his feet, head, 
 and loins covered, his arms and legs_ drawn 
 apart by cords, and as much weight of 
 iron or stone as he could bear placed on 
 his chest. He was to have the next day 
 three morsels of barley bread, without 
 drink; the next, three draughts, as much 
 each time as he could drink, of the nearest 
 stagnant water to the prison, without 
 bread; and such was to be his diet on 
 alternate days till he died. It was vul- 
 garly called "pressing to death." 2 Reeve, 
 Hist. Eng. Law, 134; 4 Bl. Comm. 324; 
 Cowell; Britt. c. 4, fol. 11*. This punish- 
 ment was introduced between 31 Edw. III. 
 and 8 Hen. IV. 4 BL Comm. 324; Y. B. 8 
 Hen. IV. 1. Standing mute was now,, by 
 statute, in England, equivalent to a con- 
 fession or a verdict of guilty. 12 Geo. III. 
 c. 20. Subsequently it was provided that 
 where the accused stood mute, the court 
 might record a plea of "Not guilty," and 
 such plea would have the same effect as if 
 it had been made by the accused. 7 and 8 
 Geo. IV, c. 28, s. 2. See "Standing Mute." 
 The only instance in which this punish- 
 ment has ever been inflicted in this coun- 
 try is that of Giles Cory, of Salem, who 
 refused to plead when arraigned for witch- 
 craft. Washb. Jud. Hist. 142; 1 Chand. 
 Am. Crim. Tr. 122. 
 
 PELLEX (Lat.) In the Roman law. A 
 concubine. Dig. 50. 16. 144. 
 
 PELLS, CLERK OF THE. An officer in 
 the English exchequer, who entered every 
 seller's bill on the parchment rolls, the roll 
 of receipts, and the roll of disbursements. 
 
 PENAL (from Lat. poenalis, from poena, 
 punishment or penalty). Enacting punish- 
 ment. Webster. Imposing a punishment or 
 penalty. See "Penal Statutes." 
 
 Connected with a penalty, either as the 
 object or consequence of an action. 
 
 PENAL ACTION. An action for recovery 
 of statute penalty; "penalty" in this case 
 being used in its narrowest sense of a pe- 
 cuniary punishment for a noncriminal act. 
 3 Steph. Comm. 535. See Hawk. P. C. 
 "Informatio." It is distinguished from a 
 popular or qui tarn action, in which the 
 action is brought by the informer, to whom 
 part of the penalty goes. A penal action 
 or information is brought by an officer, 
 and the penalty goes to the king. 1 Chit. 
 Gen. Prac. 25, note; 2 Archb. Prac. 188. 
 
 .PENAL BILL. The old name for a bond 
 with condition, by which a person is bound 
 to pay a certain sum of money or do a 
 certain act, or, in default thereof, pay a 
 certain sum of money by way of penalty. 
 Jacob, "Bill." 
 
 PENAL LAWS. Laws imposing a penal- 
 ty; the term being used, like "penalty," in 
 several senses. 
 
 PENAL STATUTES. Those which inflict 
 a penalty for the violation of some of their 
 provisions. 
 
 PENAL SUM. A sum payable as a pen- 
 alty. Usually applied to the sum fixed by a 
 bond to be paid on breach of its condition. 
 
 PENALTY. The punishment inflicted by 
 law for an illegal act. The term is used 
 loosely to embrace all the consequences vis- 
 ited by law on those who violate police reg- 
 ulations. 26 Mich. 482. 
 
 In a narrower sense it is confined to pe- 
 cuniary penalties. "The terms fine, for- 
 feiture and penalty are often used loosely 
 and even confusedly. But when a dis- 
 crimination is made, the word 'penalty' is 
 found to be generic in its character, in- 
 cluding both fine and forfeiture." 4 Iowa, 
 300. 
 
 In its narrowest sense, it includes only 
 pecuniary punishment imposed by statute 
 for such unlawful acts as do not constitute 
 crimes or which are for this purpose re- 
 garded in other than their criminal aspect. 
 
 In Contracts. A clause in an agree- 
 ment, by which the obligor agrees to pay 
 a certain sum of money if he shall fail to 
 fulfill the contract contained in another 
 clause of the same agreement. 
 
 A penal obligation differs from an alter- 
 native obligation, for this is but one in 
 its essence; while a penalty always In- 
 cludes two distinct engagements, and when 
 the first is fulfilled the second is void. 
 
PENANCE 
 
 755 
 
 PER ALLUVIONEM 
 
 When a breach has taken place, the obligor 
 has his option to require the fulfillment of 
 the first obligation, or the payment of the 
 penalty, in those cases which cannot be re- 
 lieved in equity, when the penalty is con- 
 sidered as liquidated damages. 
 
 PENANCE. In ecclesiastical law. An ec- 
 clesiastical punishment inflicted by an ec- 
 clesiastical court for some spiritual offense. 
 Ayliffe, Par. 420. 
 
 PENDENCY. The state of being pending 
 or undecided. 
 
 PENDENS (Lat. from pendere, to hang). 
 Hanging; pending. See "Lis Pendens." 
 
 PENDENTE LITE (Lat.) Pending the 
 continuance of an action while litigation 
 continues. See "Lis Pendens." 
 
 PENDENTE LITE NIHIL INNOVETUR. 
 During a litigation, nothing should be 
 changed. Co. Litt. 344. See 20 How. (U. 
 S.) 106; Cross, Liens, 140; 1 Story, Eq. 
 Jur. §406; 2 Johns. Ch. (N. Y.) 441; 6 
 Barb. (N. Y.) 33. 
 
 PENDENTES (Lat.) In civil law. The 
 fruits of the earth not yet separated from 
 the ground; the fruits hanging by the 
 roots. Ersk. Inst. bk. 2, lib. 2, § 4. 
 
 PENDING. As applied to judicial proceed- 
 ings, remaining undecided (4 N. H. 386), 
 and an action has been held to be pending 
 till the judgment is satisfied (41 N. Y. 
 159). 
 
 PENETRATION. In criminal law. In 
 rape and some other sexual crimes, actual 
 carnal knowledge is requisite, but the 
 slightest penetration is sufiicient (102 N. 
 Y. 234), it being enough if any part of 
 the virile member be within the labia of 
 the pudendum (1 Car. & K. 393). Rupture 
 of the hymeneal membrane is not requisite, 
 though, in the absence of such rupture, 
 proof of penetration should be clear. 8 
 Car. & P. 641. 
 
 PENITENTIARY. A prison in which per- 
 sons convicted of serious offenses (felon- 
 ies), or sentenced for long terms of im- 
 prisonment, are confined. 
 
 PENNYWEIGHT. A troy weight which 
 weighs twenty-four grains, or one-twen- 
 tieth part of an ounce. 
 
 PENSA "(Law Lat. from Lat. pendere, to 
 weigh) . 
 
 In Old English Law. A weight. Ad 
 
 pensam, by weight. The ancient way of 
 paying into the exchequer as much money 
 for a pound of sterling as weighed twelve 
 ounces troy. Lowndes' Essay upon Coin, 
 4; Cowell. This was distinguished from 
 payment de numero, by count. 
 
 In Old Records. A wey (weigh) of 
 
 salt or cheese, containing two hundred and 
 fifty-six pounds. Cowell. 
 
 P E N S I O ( Lat. from pewdere ) . 
 
 In the Civil Law. A payment, prop- 
 erly, for the use of a thing. Calv. Lex. 
 
 A rent; a payment for the use and oc- 
 cupation of another's house. Calv. Lex. 
 
 PENSION. A stated and certain allow- 
 ance granted by the government to an in- 
 dividual, or those who represent him, for 
 valuable services performed by him for the 
 country. It is sometimes loosely used in 
 the sense of "annuity." 
 
 In Spanish Law. Rent; a rent, White, 
 
 New Recop. bk. 2, c. 2, § 3. 
 
 PENSIONER. One who is supported by 
 an allowance at the will of another. It is 
 more usually applied to him who receives 
 an annuity or pension from the govern- 
 ment. 
 
 PEONAGE. The holding of any person 
 to service or labor against his will. Prohib- 
 ited by U. S. Rev. St. § 1990. 
 
 PEON I A. In Spanish law. A portion of 
 land which was formerly given to a simple 
 soldier on the conquest of a country. It is 
 now a quantity of land of different size in 
 different provinces. In the Spanish pos- 
 sessions in America, it measured fifty feet 
 front and one hundred feet deep. 2 White, 
 Coll. 49; 12 Pet. (U. S.) 444, notes. 
 
 PEOPLE. A state; as, the people of the 
 state of New York. A nation in its col- 
 lective and political capacity. 4 Term R. 
 783. See 6 Pet. (U. S.) 467. 
 
 The word "people" occurs in a policy of 
 marine insurance. The insurer insures 
 against "detainments of all kings, princes, 
 and people." He is not by this understood 
 to insure against any promiscuous or law- 
 less rabble which may be guilty of attack- 
 ing or detaining a ship, 2 Marsh. Ins. 
 508. See "Body Politic;" "Nation." 
 
 PEPPERCORN. A dried pepper berry. In 
 England, the payment of a peppercorn is 
 sometimes stipulated where a nominal con- 
 sideration is intended. 
 
 PER. In Latin phrases. A preposition 
 meaning by or through. 
 
 PER AES ET LIBRAM (Lat. aes, brass, 
 libram, scale). In civil law. A sale was 
 said to be made per aes et libram when one 
 called Ubripens held a scale (libra), which 
 the one buying struck with a brazen coin 
 {aes), and said, "I say, by the right of a 
 Roman, this thing is mine," and gave the 
 coin to the vendor, in presence of at least 
 three witnesses. This kind of sale was used 
 in the emancipation of a son or slave and 
 in making a will. Calv. Lex. "Mancipatio;" 
 Vicat, "Mancipatio." 
 
 PER ALLUVIONEM (Lat.) In civil law. 
 By alluvion, or the gradual and impercep- 
 tible increase arising from deposit by water. 
 Vocab. Jur. Utr. "Alluvio;" Angell & A. 
 Watercourses, 53-57. 
 
PER ALLUVIONEM 
 
 756 
 
 PER MY ET PER TOUT 
 
 PER ALLUVIONEM ID VIDETUR ADJI- 
 ci, quad Ita paulatim adjlcltur, ut intelli- 
 gere non possumus quantum quoquo mo- 
 mento temporls adjiclatur. That is said to 
 be added by alluvion which is so added little 
 by little that we cannot tell how much is 
 added at any one moment of time. Dig. 41. 
 1. 7. 1; Hale de Jur. Mar. par. 1, c. 4; Fleta, 
 lib. 3, c. 2, § 6. 
 
 PER AND GUI. When a writ of entry is 
 brought against a second alienee or descend- 
 ant from the disseisor, it is said to be in the 
 per and cvA, because the form of the writ is 
 that the tenant had not entry but by and 
 under a prior alienee, to whom the intruder 
 himself demised it. 2 Bl. Comm. 181. 
 
 PER AND POST. To come in in the per 
 is to claim by or through the person last 
 entitled to an estate; as the heirs or as- 
 signs of the grantee. To come in in the 
 post is to claim by a paramount and prior 
 title; as the lord by escheat. 
 
 PER ANNULUM ET BACULUM (Lat.) In 
 ecclesiastical law. The symbolical investi- 
 ture of an ecclesiastical dignity was per an- 
 nulum et baculum, i. e., by staff and cros- 
 ier. 1 Bl. Comm. 378, 379; 1 Burn, Ecc. 
 Law, 209. 
 
 PER ANNUM (Lat.) By the year; for the 
 space of a year. Fleta, lib. 2, c. 71, §§ 3-12. 
 A common expression still in use. 
 
 PER AUTRE VIE (Law Fr.) For or dur- 
 ing another's life. 
 
 PER AVERSION EM (Lat.) In civil law. 
 By turning away. Applied to a sale not by 
 measure or weight, but for a single price 
 for the whole in gross; e. g., a sale of all 
 the wine of a vineyard for a certain price. 
 Vocab. Jur. Utr. "Aversio." Some derive 
 the meaning of the phrase from a turning 
 away of the risk of' a deficiency in the 
 quantity from the seller to the buyer; oth- 
 ers, from turning away the head, i. e., fail- 
 ure to make a particular examination; oth- 
 ers think aversio is for adversio. Calv. Lex. ; 
 2 Kent, Comm. 640; 4 Kent, Comm. 517. 
 
 PER BOUCHE (L. Fr.) By the mouth; 
 orally. 3 How. St. Trials, 1024. 
 
 PER CAPITA (Lat. by the head or polls). 
 When descendants take as individuals, and 
 not by right of representation (per stirpes) , 
 they are said to take per capita. For exam- 
 ple, if a legacy be given to the issue of A. 
 B. and A. B., at the time of his death, shall 
 have two children and two grandchildren, 
 his estate shall be divided into four parts, 
 and the children and grandchildren shall 
 each have one of them. 3 Ves. 257; 13 Ves. 
 344; 2 Bl. Comm. 218; 6 Cush. (Mass.) 
 158, 162; 2 Jarm. Wills (Perkins' Notes) 
 ■47; 3 Beav. Rolls, 451; 4 Beav. Rolls, 239; 
 2 Steph. Comm. 253; 3 Steph. Comm. 197; 
 2 Wooddeson, Lect. 114. See "Capitation." 
 
 PER CONSEQUENS. By consequence; 
 consequently. Y. B, M. 9 Edw. III. 8. 
 
 PER CONSIDERATIONEM CURIAE. In 
 old practice. By the consideration (judg- 
 ment) of the court. Y, B. M. 1 Edw. 11. 2. 
 
 PER CURIAM (Lat. by the court). A 
 phrase which occurs in all the reports. It 
 is sometimes translated. See 3 Barb. (N. 
 Y.) 353. 
 
 PER EUNDEM. By the same. This phrase 
 is commonly used to express "by, or from 
 the mouth of, the same judge." So "per 
 eundem in eadem" means "by the same 
 judge in the same case." 
 
 PER EXTENSUM. In old practice. At 
 length. 
 
 PER FORMAM DONI (Lat, by the form of 
 the gift.) According to the line of descent 
 prescribed in the conveyance of the ances- 
 tor or donor of estate tail. 2 Bl. Comm. 
 113*; 3 Har. & J. (Md.) 323; 1 Washb. 
 Real Prop. 74, 81. 
 
 PER FRAUDEM (Lat.) A replication to 
 a plea where something has been pleaded 
 which would be a discharge if it had been 
 honestly pleaded that such a thing has been 
 obtained by fraud; for example, where, on 
 debt on a statute, the defendant pleads a 
 prior action depending, if such action has 
 been commenced by fraud, the plaintiff may 
 reply per fraudem. 2 Chit. PI. *675. 
 
 PER INCURIAM. Through inadvertence. 
 35 Eng. Law & Eq. 302. 
 
 PER INFORTUNIUM (Lat. by misadven- 
 ture). In criminal law. Homicide per in- 
 fortunium, or by misadventure, is said to 
 take place when a man in doing a lawful 
 act, without any intent to hurt, unfortu- 
 nately kills another. Hawk. P. C. bk. 1, c. 
 11; Fost. Crim. Law, 258, 259; 3 Inst. 56. 
 
 PER LEGEM ANGLIAE. By the law of 
 England; by the curtesy. Fleta, lib. 2, c. 54, 
 § 18. 
 
 PER LEGEM TERRAE (Lat.) By the law 
 of the land; by indictment or presentment 
 of good and lawful men. 7 111. 519. 
 
 PER METAS ET BUN DAS (Law Lat.) 
 old English law. By metes and bounds. 
 
 PER MINAS (Lat. by threats). When a 
 man is compelled to enter into a contract by 
 threats or menaces, either for fear of loss 
 of life or mayhem, he may avoid it after- 
 wards. 1 Bl. Comm. 131; Bac. Abr. "Du- 
 ress," "Murder" (A). See "Duress." 
 
 PER MISADVENTURE (Lat. and Eng.) In 
 old English law. By mischance. 4 Bl. 
 Comm. 182. The same with per infortw- 
 nium (q. v.) 
 
 PER MY ET PER TOUT (Law Fi'. by the 
 moiety, or half, and by the whole). The 
 mode in which joint tenants hold the joint 
 
PER PROCURATION 
 
 757 
 
 PER VISUM ECCLESIAE 
 
 estate, the effect of which, technically con- 
 sidered, is that for purposes of tenure and 
 survivorship each is the holder of the 
 whole, but for purposes of alienation each 
 has only his own share, which is presumed 
 in law to be equal. 1 Washb. Real Prop. 
 406; 2 Bl. Comm. 182. 
 
 In partnerships. Each partner has a 
 
 joint interest in the whole but not a sep- 
 arate interest in any particular part of the 
 partnership property; and being so pos- 
 sessed, and because the title of partners is 
 undivided, it follows that all have a^ moiety 
 or the same species of interest in the stock 
 in trade, whether each individual partner 
 contributes exactly in the same proportion 
 or not. But their several degrees of inter- 
 est must be regulated according to the stip- 
 ulated proportions and the different condi- 
 tions of the partnership. 213 111. 480; 80 
 111. 300. 
 
 PER PROCURATION. By proxy; by let- 
 ter of attorney. Used in connection with 
 the signature of an agent or attorney in 
 fact. It is notice that the agent has but a 
 limited authority to sign. Byles, Bills, 33. 
 Commonly abbreviated "per proc." 
 
 The term is little used in the United 
 States, though it has been adopted by the 
 negotiable instrument laws. Neg. Inst. 
 Law, § 40. 
 
 PER QUAE SERVITIA. A real action by 
 which the grantee of a seigniory could com- 
 pel the tenants of the grantor to attorn to 
 himself. Shep. Touch. 254. It was abol- 
 ished by St. 3 & 4 Wm. IV. c. 27, § 35. 
 
 PER QUOD. By which. Used in common- 
 law pleading to introduce a conclusion. 
 Sometimes used as the name of the clause 
 averring special damages. 
 
 PER QUOD CONSORTIUM AMISIT (Lat. 
 by which he lost her company) . If a man's 
 wife is so injured that thereby he 
 loses her company and assistance for any 
 time, he has a separate remedy by an 
 action of trespass (in the nature of an ac- 
 tion on the case) per quod consortium ami- 
 sit, in which he shall recover satisfaction in 
 damages. 3 Bl. Comm. 140; Cro. Jac. 501, 
 538; 1 Chit. Gen. Prac. 59. 
 
 PER QUOD SERVITIUM AMISIT (Lat. by 
 which he lost her or his service). Where 
 a servant has been so beaten or injured 
 that his or her services are lost to the 
 master, the master has an action of tres- 
 pass vi et armis, per quod servitium amisit, 
 in which he must allege and prove the spe- 
 cial damage he has sustained. 3 Bl. Comm. 
 142. This action is commonly brought by 
 the father for the seduction of his daugh- 
 ter, in which case very slight evidence of 
 the relation of master and servant is nec- 
 essary; but still some loss of service, or 
 some expense, must be shown. 5 East, 45; 
 6 East, 391; 11 East, 23; T. Raym. 459; 3 
 Wils. 18; 2 Term R. 4; 5 Bos. & P. 466; 
 
 Peake, 253; 1 Starkie, 287; 2 Starkie, 493; 
 3 Esp. 119; 5 Price, 641; 11 Ga. 603; 15 
 Barb. (N. Y.) 279; 18 Barb, (N. Y.) 212; 
 8 N. Y. 191; 11 N. Y. 343; 14 N. Y. 413; 
 20 Pa. St. 354; 5 Md. 211; 1 Wis. 209; 3 
 Sneed (Tenn.) 29. 
 
 PER RATIONES PERVENITUR AD LE- 
 
 gitimam rationem. By reasoning we come 
 to legal reason. Litt. § 386. 
 
 PER RERUM NATURAM, FACTUM NE- 
 gantis nulla probatio est. It Is In the nature 
 of things that he who denies a fact is not 
 bound to give proof. 
 
 PER SALTUM (Lat.) By a leap or bound; 
 by a sudden movement; passing over cer- 
 tain proceedings. "The parties have pro- 
 ceeded per saltum." Lord Ellenborough, 8 
 East, 511. 
 
 PER SE. By itself; of itself. Fraud per 
 se. 3 Pick. (Mass.) 257. 
 
 PER SERVITIUM. (L. Lat.) By the serv- 
 ice. 
 
 PER STIRPES (Lat. stirps, trunk or root 
 of a tree or race). By or according to 
 stocks or roots; by right of representation. 
 Gen. St. Mass. 1860; c. 9, § 12; 6 Cush. 
 (Mass.) 158, 162; 2 Bl. Comm. 217, 218; 2 
 Steph. Comm. 253; 2 Wooddeson, Lect. 114. 
 115; 2 Kent, Comm. 425. 
 
 PER TOTAM CURIAM. By the whole 
 court. 
 
 PER TOUT ET NON PER MY (Law Pr.) 
 By the whole, and not by the moiety. 2 Bl. 
 Comm. 182. See "Per My et per Tout." 
 
 PER UNIVERSITATEM (Lat. by the 
 whole) . Used of the acquisition of . any 
 property as a whole, in opposition to an 
 acquisition by parts; e. g., the acquisition 
 of an inheritance, or of the separate prop- 
 erty of the son (peculium), etc. Calv. Lex. 
 "Universitas." 
 
 PER VADIUM ET SALVOS PLEGIOS. In 
 
 old practice. By gage and ■safe pledge. 
 Words in the old writ of attachment or 
 pone commanding the sheriff to summon the 
 defendant by gage (taking of his goods) 
 and safe pledges (requiring sureties) for 
 appearance. 3 Bl. Comm. 280. 
 
 PER VARIOS ACTUS, LEGEM EXPERI- 
 entia faclt. By various acts experience 
 frames the law. 4 Inst. 50. 
 
 PER VERBA DE FUTURO. By words of 
 the future (tense). 1 Bl. Comm. 439; 2 
 Kent, Comm. 87. 
 
 PER VERBA DE PRAESENTI. By words 
 of the present (tense). 1 Bl. Comm. 439. 
 
 PER VISUM ECCLESIAE. In old English 
 law. By view of the church; under the su- 
 pervision of the church. The disposition of 
 intestates goods per visum ecelesiae was 
 one of the articles confirmed to the prelates 
 
PER VIVAM VOCEM 
 
 758 
 
 PEREMPTORY CHALLENGE 
 
 by King John's Magna Charta. 3 Bl. Comm. 
 96. 
 
 PER VIVAM VOCEM (Law Lat.) In old 
 English law. By the living voice; the same 
 with viva voce. Bracton, fol. 95. 
 
 PERAMBULATION. The act of walking 
 over and about the boundaries of a dis- 
 trict manor, parish, or piece of land with or 
 without witnesses, either for the purpose 
 of determining them, or of preserving evi- 
 dence of them, and to see that no encroach- 
 ments have been made, or that landmarks 
 )iave not been removed. Thus, in many 
 parishes in England, it is the custom for 
 the parishioners to perambulate the bound- 
 aries of the parish in rogation week in 
 every year. Such a custom entitles them 
 to enter any man's land and abate nuisances 
 in their way. Phillim. Ecc. Law, 1867; 
 Hunt, Boundaries, 103; Britt. 124b; 57 N. 
 Hamp. 392. 
 
 PERAMBULATIONE FACIENDA, WRIT 
 
 de. In English law. The name of a writ 
 which is sued by consent of both parties 
 when they are in doubt as to the bounds 
 of their respective estates. It is directed to 
 the sheriff to make perambulation, and to 
 set the bounds and limits between them in 
 certainty. Fitzh. Nat. Brev. 309. 
 
 "The writ de perannbulatione facienda is 
 not known to have been adopted in practice 
 in the United States," says Professor 
 Greenleaf (Greenl. Ev. § 146, note), "but 
 in several of the states, remedies somewhat 
 similar in principle have been provided by 
 statutes." 
 
 PERCENNARIUS (Law Lat.) In old Eng- 
 lish law. A parcener; one of several com- 
 moners. Fleta, lib. 4, c. 24, § 11. 
 
 PERCEPTION (from per and capere). 
 The taking possession of. For example, a 
 lessee or tenant before perception of the 
 crops, i. e., before harvesting them, has a 
 right to offset any loss which may happen 
 to them against the rent; but after the per- 
 ception they are entirely at his risk. Mack- 
 eld Civ. Law, § 378. Used of money, it 
 means the counting out and pajrment of a 
 debt. Also used for food due to soldiers. 
 Vicat. 
 
 PERCEPTURA (Law Lat.) In old records. 
 A weir; a place in a river made up with 
 banks, dams, etc., for the better conven- 
 ience of preserving and taking fish. Par. 
 Ant. 120; CoweU. 
 
 PERCH. The length of sixteen feet and a 
 half; a pole or rod of that length. Forty 
 perches in length and four in breadth make 
 an acre of land. 
 
 PERCOLATING WATERS. Flowing, seep- 
 ing, or moving subterraneous waters. 
 
 PERDONATIO UTLAGARIAE (Lat.) In 
 English law. A pardon for a man who, for 
 
 contempt in not yielding obedience to the 
 process of the king's courts, is outlawed, 
 and afterwards, of his own accord, sur- 
 renders. 
 
 PERDUELLIO (Lat.) In civil law. At 
 first, an honorable enmity to the republic; 
 afterwards, a traitorous enmity of a citizen; 
 consisting in being of a hostile disposition 
 towards the republic, e. g., treason aiming 
 at the supreme power, violating the privil- 
 eges of a Roman citizen by beating him, 
 etc., attempting anything against the per- 
 son of the emperor, and, in general, any 
 open hostility to the republic. Sometimes 
 used for the enemy or traitor himself. 
 Perduellio was distinguished from crimen 
 imminutae majestatis, as being an attempt 
 against the whole republic, punishable in 
 comitia centuriata, by crucifixion and by 
 infamy after death. Calv. Lex.; Vicat. 
 
 PERDURABLE (old Fr. perdurable, eter- 
 nal, from Lat. per, intensive, and durabilis, 
 lasting) . As applied to an estate, perdura- 
 ble signifies lasting long or forever. Thus, 
 a disseisor or tenant in fee upon condition 
 has as high and great an estate as the 
 rightful owner or tenant in fee simple ab- 
 solute, but not so perdurable. The terin is 
 chiefly used with reference to the extinguish- 
 ment of rights by unity of seisin, which 
 does not take place unless both the right and 
 the land out of which it issues are held 
 for equally high and perdurable estates. Co. 
 Litt. 313a, 313b; Gale, Easem. 582. 
 
 PEREGRIN I (Lat.) In civil law. Under 
 the denomination of peregrini were compre- 
 hended all who did not enjoy any capac- 
 ity of the law, namely, slaves, alien ene- 
 mies, and such foreigners as belonged to 
 nations with which the Romans had not es- 
 tablished relations. Savigny, Dr. Rom. 
 § 66. 
 
 PEREMPTORIUS (Lat. from perimere, 
 to destroy) . In civil law. That which takes 
 away or destroys forever; hence, exceptio 
 peremptoria, a plea which is a perpetual 
 bar. See "Peremptory." Bracton, lib. 4, c. 
 20; Fleta, lib. 6, c. 36, § 3; Calv. Lex. 
 
 PEREMPTORY. Absolute; positive. A 
 final determination to act without hope of 
 renewing or altering. Joined to a substan- 
 tive, this word is frequently used in law; 
 as, peremptory action (Pitzh. Nat. Brev. 
 35, 38, 104, 108) ; peremptory nonsuit (Id. 
 5, 11) ; peremptory exception (Bracton, lib. 
 4, c. 20) ; peremptory undertaking (3 Chit. 
 Prac. 112, 793) ; peremptory challenge of 
 jurors (Inst. 4. 13. 9; Code, 7. 50. 2; Id. 
 8. 36. 8; Dig. 5. 1. 70. 73). 
 
 PEREMPTORY CHALLENGE. A chal- 
 lenge without cause given, allowed to pris- 
 oner's counsel in criminal cases, up to a 
 certain number of jurors. 11 Chit. Stat. 
 59, 689; 2 Harg. St. Tr. 808; 4 Harg. St. 
 Tr. 1; Fost. Crim. Law, 42; 4 Bl. Comm. 
 353*. See "Challenge." 
 
PEREMPTORY DEFENSE 
 
 759 
 
 PERILS OF THE SEA 
 
 PEREMPTORY DEFENSE. A defense 
 ■which insists that the plaintiff never had 
 the right to institute the suit, or that, if 
 he had, the original right is extinguished or 
 determined. 4 Bouv. Inst, note 4206. 
 
 PEREMPTORY EXCEPTION. Any de- 
 fense which denies • entirely the ground of 
 action. 1 White, New Recop. 283. So of a 
 demurrer. 1 Tex. 364. 
 
 PEREMPTORY INSTRUCTION. A bind- 
 ing instruction by the court to the jury. 
 Usually the direction of a verdict. 
 
 PEREMPTORY MANDAMUS. A mandon 
 mus requiring a thing to be done abso- 
 lutely. It is usually granted after failure 
 to show satisfactory cause on an alterna- 
 tive mandamus. No other return will be per- 
 mitted but absolute obedience. 3 Bl. Comm. 
 110*; Tapping, Mand. 400 et seq. See 
 "Mandamus." 
 
 PEREMPTORY NONSUIT. An involunta- 
 ry nonsuit. See "Nonsuit." 
 
 PEREMPTORY PAPER. A list of the 
 causes which were enlarged at the request 
 of the parties, or which stood over from 
 press of business in court to a day which 
 was specified in the paper, and which day 
 was peremptory. 
 
 PEREMPTORY PLEA. A plea which goes 
 to destroy the right of action itself; a plea 
 in bar or to the action. 3 Steph. Comm. 
 576; 3 Wooddeson, Lect. 57; 2 Saund. PI. 
 & Ev. 645; 3 Bouv. Inst, note 2891. 
 
 PEREMPTORY RULE. An absolute rule, 
 as distinguished from a rule nisi. 
 
 PEREMPTORY WRIT. An original writ, 
 called from the words of the writ a "si te 
 fecerit seeurum," and which directed the 
 sheriff to cause the defendant to appear in 
 court without any option given him, pro- 
 vided the plaintiff gave the sheriff security 
 effectually to prosecute his claim. The writ 
 was rarely used, and where nothing was 
 specifically demanded, but only a satisfac- 
 tion in general; as in the case of writs 
 of trespass on the case, wherein no 
 debt or other specific thing was sued for, 
 but only damages to be assessed by a jury. 
 Brown. 
 
 PERFECT. Complete. 
 
 This term is applied to rights and obliga- 
 tions in order to distinguish those which 
 may be enforced by law, which are called 
 "perfect," . from those which cannot be so 
 enforced, which are said to be "imperfect." 
 37 Ga. 128. 
 
 PERFECT ABSTRACT. An abstract is 
 said to be perfect where it shows a com- 
 plete title, 2 Hare. 111,_ that is, when it 
 shows that a vendor is either himself com- 
 petent to convey, or can otherwise procure 
 to be vested in him, the legal and. equitable 
 estates free fi-om encumbrance. 8 Ves. 436; 
 
 Dart. Vend. & P. 303; 2 Exch. 783. See 
 "Mercantile Title"; "Perfect Title." 
 
 PERFECT OBLIGATION. One which la 
 enforceable by law. 
 
 PERFECT TITLE. A title which Is good 
 both at law and in equity. 21 Conn. 449. 
 See "Merchantable Title." 
 
 PERFECT TRUST. An executed trust 
 (g. v.). 
 
 PERFECTING BAIL. Justification of ball. 
 See "Justifying Bail." 
 
 PERFECTUM EST GUI NIHIL DEEST 
 secundum suae perfectionis vel naturae mo- 
 dum. That is perfect which wants nothing 
 according to the measure of its perfection 
 or nature. Hob. 151. 
 
 PERFIDY. The act of one who has en- 
 gaged his faith to do a thing, and does not 
 do it, but does the contrary. Wolflf. § 390. 
 
 PERFORMANCE. Such a fulfillment of an 
 obligation as puts an end thereto by leav- 
 ing nothing more to be done. 
 
 PERICULOSUM EST RES NOVAS ET IN- 
 usitatas inducere. It is dangerous to intro- 
 duce new and unaccustomed things. Co. 
 Litt. 379. 
 
 PERICULOSUM EXISTIMO QUOD BO- 
 norum vivcrum non comprobatur exemplo. I 
 think that dangerous which is not warrant- 
 ed by the example of good men. 9 Coke, 97. 
 
 PERICULOSUS (Lat.) Dangerous. 
 
 PERICULUM (Lat.) In the civil law. Per- 
 il; danger; hazard; risk. 
 
 PERICULUM REI VENDITIAE, NON- 
 dum traditae, est emptorls. The purchaser 
 runs the risk of the loss of a thing sold, 
 though not delivered. 1 Bouv. Inst, note 
 939; 2 Kent, Comm. 498, 499; 4 Barn. & C. 
 481, 941. 
 
 PERIL. Danger; the accident by which a 
 thing is lost. Lee. Elm. § 911. 
 
 In Insurance. The risk, contingency, 
 
 or cause of loss insured against in a policy 
 of insurance. 
 
 PERILS OF THE RIVER. A term used in 
 respect to river navigation in the United 
 States, and having the same significance as 
 "perils of the sea." 8 Ala. 176. 
 
 PERILS OF THE SEA. One of the perils 
 insured against in marine insurance, and 
 from which bills of lading usually exempt 
 the carrier. It signifies "all marine cas- 
 ualties resulting from the violent action 
 of the elements, as distinguished from their 
 natural silent influence on the fabric of the 
 vessel; casualties which may, and not con- 
 sequences which must, occur." L R 9 O 
 B. 596. ■ ■ => H- 
 
 Loss by foundering (3 Wheat. [U. S] 
 168), or stranding (57 Me. 170), injury 
 
PERINDE VALERE 
 
 760 
 
 PERMISSIVE 
 
 to the vessel by ice (15 Wall. [U. S.] 
 202), or to cargo from water shipped in 
 a storm (16 Me. 207), or loss of property 
 overboard (16 Mo. 98), or loss of property 
 are perils of the sea. But damages by rats. 
 (1 Wils. 281) or worms (2 Mass. 429), or 
 ' the breakage of packages, are not. 
 
 PERINDE VALERE (Law Lat. to be equal- 
 ly valid). In English ecclesiastical law, 
 The name of a writ of dispensation granted 
 to a clerk who, being defective in his ca- 
 pacity to a benefice or other ecclesiastical 
 function, was, de facto, admitted to it. So 
 called from the emphatic words of the 
 Latin form, the faculty being declared to 
 be equally effectual to the party dispensed 
 with as if he had been actually capable of 
 the thing for which he was dispensed with, 
 at the time of his admission. St. 25 Hen. 
 VIII. c. 21; Cowell. 
 
 PERIOD. A space of time; any portion 
 of complete time. 
 
 "The word 'period' has its etymological 
 meaning, but it also has a distinctive sig- 
 nification, according to the subject with 
 which it may be used in connection. It may 
 mean any portion of complete time, from a 
 thousand years or less to the period of a 
 day; and when used to designate an act to 
 be done or to be begun, though its com- 
 pletion may take an uncertain time, as for 
 instance the act of exportation, it must 
 mean the day on which the exportation 
 commences, or it would be an unmeaning 
 and useless word in its connection in the 
 statute." Wayne, J., 20 How. (U. S.) 579. 
 
 PERIPHRASIS. Circumlocution; the use 
 of other words to express the sense of one. 
 
 Some words are so technical in their 
 meaning that, in charging offenses in in- 
 dictments, they must be used, or the indict- 
 ment will not be sustained. For example, 
 an indictment for treason must contain the 
 word "traitorously;" an indictment for bur- 
 glary, "burglariously;" and "feloniously" 
 must be introduced into every indictment 
 for felony. 1 Chit. Crim. Law, 242, 3 Inst. 
 15; Carth. 319; 2 Hale, P. C. 172, 184; 4 
 Bl. Comm. 307; Hawk. P. C. bk. 2, c. 25, § 
 55; 1 East, P. C. 115; Bac. Abr. "Indict- 
 ment" (G 1); Comyn, Dig. "Indictment" 
 (G 6); Cro. Car. c. 37. 
 
 PERISHABLE GOODS. Goods which are 
 lessened in value and become worse by 
 being kept. 
 
 PERISHABLE PROPERTY. Perishable 
 property in its most enlarged sense, would 
 mean all personal, as distinguished from 
 teal property; whilst in its most restricted 
 sense, it would only mean such personal 
 property as had in itself the elements of 
 destruction or decomposition, as for in- 
 stance, fruits, or such productions from 
 the labor and skill of man as are ephe- 
 meral in their existence, or evanescent and 
 changeable in their value. 23 Ala. 768. 
 
 PERJURI SUNT QUI SERVITIS VERBIS 
 juramenti declpiunt aures eorum qui accipi- 
 unt. They are perjured who, preserving the 
 words of an oath, deceived the ears of those 
 who receive it. 3 Inst. 166. 
 
 PERJURY. Perjury at common law is the 
 willful and corrupt taking of a false oath 
 in a judicial proceeding in regard to a 
 matter material to the issues. 1 Hawk, P. 
 C. c. 69, § 1; 4 Bl. Comm. 153. It is ex- 
 tended by statute in most jurisdictions to 
 false swearing in certain proceedings not 
 judicial. To constitute the offense, (1) 
 the testimony must be false, or believed to 
 be false, or the witness must not know 
 whether it be true or false (42 Vt. 152; 
 17 N. H. 373) ; (2) the taking of the false 
 oath must be both willful and corrupt; (3) 
 the matter sworn to must be material to 
 the issue or question in controversy (12 
 Mass. 273; 54 Vt. 146); (4) some form 
 of oath or its equivalent must have been 
 duly administered by an authorized officer 
 (86 N. Y. 154; 107 U. S. 671; 76 N. Y. 
 220) ; (5) the oath itself, as well as the 
 facts sworn to, must have been material 
 (45 Mich. 543; 17 Ohio, 365); (6) to con- 
 stitute perjury in a judicial proceeding, the 
 court or tribunal must have jurisdiction 
 (49 Me. 412; 8 Pick. [Mass.] 453; 96 Ky. 
 407). 
 
 PERMANENT ALIMONY. Permanent ali- 
 mony is a provision for the support and 
 maintenance of a wife out of her husband's 
 estate during her lifetime, ordered by a 
 court on decreeing a divorce. 188 Mich. 
 195. 
 
 PERMANENT IMPROVEMENT. Per- 
 manent improvements are not necessarily 
 everlasting in character, but are such as 
 rest upon, or are attached to, the soil, are 
 reasonably enduring and not intended for 
 removal at the end of a limited term. 153 
 Iowa, 397. 
 
 PERMANENT TRESPASS. A trespass 
 consisting of trespasses of one and the 
 same kind, committed on several days, 
 which are in their nature capable of re- 
 newal or continuation, and are actually re- 
 newed or continued from day to day, so 
 that the particular injury done on each 
 particular day cannot be distinguished 
 from what was done on another day. In 
 declaring for such trespasses, they may be 
 laid with a continuando. 3 Bl. Comm. 212; 
 Bac. Abr. "Trespass" (B 2, I 2) ; 1 Saund. 
 24, note 1. See "Continuando;" "Tres- 
 pass." 
 
 PERMISSION. Leave or license to do any 
 act. It ordinarily implies consent actually 
 given (105 111. 658), but has been held to 
 mean "allow," by not prohibiting (9 Allen 
 [Mass.] 266). 
 
 PERMISSIVE. Allowed; that which may 
 be done; as, permissive waste, which is the 
 permitting real estate to go to waste. 2 
 Bouv. Inst, note 2400. See "Waste." 
 
PERMISSIVE USE 
 
 761 
 
 PERPETUITY 
 
 PERMISSIVE USE. A passive use which 
 was resorted to before the statute of uses, 
 in order to avoid a harsh law; as that of 
 mortmain or a_ feudal forfeiture. It was 
 a mere invention in order to evade the 
 law by secrecy; as a conveyance to A. to 
 the use of B. A. simply held the possession, 
 and B. enjoyed the profits of the estate. 
 
 PERMISSIVE WASTE. Waste suffered by 
 omission of care, not by actual depreda- 
 tion; the mere neglect or omission to do 
 what will prevent injury, as, to suffer a 
 house to go to decay for want of repairs; 
 and voluntary waste consists in the com- 
 mission of destructive acts, as, pulling 
 down a house, or plowing up a flower gar- 
 den. 57 111. App. 663. See Waste. 
 
 PERMIT. A license or warrant to do 
 something not forbidden by law ; as, to land 
 goods imported into the United States, 
 after the duties have been paid or secured 
 to be paid. Act Cong. March 2, 1799, § 49, 
 cl. 2. See form of such a permit. Gor- 
 don, Dig. Append. II. 46. 
 
 PERMUTATIO (Lat. from permMiare, to 
 exchange). In the civil law. Exchange; 
 barter. Dig. 19. 4; Code, 4. 64. 
 
 PERMUTATION, In civil law. Exchange; 
 barter. 
 
 This contract is formed by the consent 
 of the parties; but delivery is indispens- 
 able, for without it, it is a mere agreement. 
 Dig. 31. 77. 4; Code, 4. 64. 3. 
 
 Permutation differs from sale in this, 
 that in the former a delivery of the articles 
 sold must be made, while in the latter it is 
 unnecessary. It agrees with the contract 
 of sale, however, in the following partic- 
 ulars: That he to whom the delivery is 
 made acquires the right or faculty of pre- 
 scribing (Dig. 41. 3. 4. 17) ; that the con- 
 tracting parties are bound to guaranty to 
 each other the title of the things delivered 
 (Code, 4. 64. 1) ; and that they are bound 
 to take back the things delivered when 
 they have latent defects which they have 
 concealed (Dig. 21. 1. 63). 
 
 PERMUTIONE. A writ commanding an 
 ordinary to admit a clerk on exchange of 
 benefices. 
 
 PERNANCY (from Fr. prendre, to take). 
 A taking or receiving. 
 
 PERNOR (from Law Fr. pamour, or per- 
 nour, q. v.) A taker. Pernor of profits 
 is the taker or receiver of the profits of an 
 estate. Cowell. 
 
 PERNOR OF PROFITS. He who receives 
 the profits of lands, etc. A cestui que use, 
 who is legally entitled and actually does re- 
 ceive the profits, is the pernor of profits. 
 
 PERNOUR (LawFr.) A taker. Leper- 
 nour ou le detenour, the taker or the de- 
 tainer. Britt. c. 27. 
 
 PERPETUA LEX EST, NULLAM LEGEM 
 humanam ac positivam perpetuam esse; et 
 clausula quae abrogatlonem excludit ab Ini- 
 tio non valet. It is a perpetual law that no 
 human or positive law can be perpetual; 
 and a clause in a law which precludes the 
 power of abrogation is void ab initio. Bac. 
 Max. reg. 19; Broom, Leg. Max. (3d Lon- 
 don Ed.) 27. 
 
 PERPETUAL. That which Is to last with- 
 out limitation as to time; as, a perpetual 
 statute, which is one without limit as to 
 time, although not expressed to be so. 
 
 PERPETUAL CURACY. The office of a 
 curate, in a parish where there is no spirit- 
 ual rector or vicar, but where the curate is 
 appointed to officiate for the time by the 
 impropriator. 2 Burn, Ecc. Law, 55. 
 
 The church of which the curate is per- 
 petual. 2 Ves. Sr. 425, 429. See 2 Steph. 
 Comm. 76; 2 Burn, Ecc. Law, 55; 9 Adol. 
 & E. 556. As to whether such curate may 
 be removed, see 2 Burn, Ecc. Law, 55. 
 
 PERPETUAL INJUNCTION. Opposed to 
 an injunction ad interim; an injunction 
 which finally disposes of the suit, and is in- 
 definite in point of time. 
 
 PERPETUAL LEASE. A lease without 
 limitation as to term; a grant in fee, sub- 
 ject to a reserved rent. 
 
 PERPETUAL STATUTE. One not sub- 
 ject to repeal or expiration at any future 
 time. 
 
 PERPETUATING TESTIMONY. The act 
 
 by which testimony is reduced to writing 
 as prescribed by law, so that the same shall 
 be read in evidence in some suit or legal 
 proceedings to be thereafter instituted. 
 
 The origin of this practice may be traced 
 to the canon law (chapter 5, X ut lite non 
 eontestata, etc.) Bockmer, note 4; 8 Toul- 
 lier. Dr. Civ. note 22. Statutes exist in 
 most of the states for this purpose. Equity 
 also furnishes means, to a limited extent, 
 for the same purpose. 
 
 PERPETUITY. Any limitation tending to 
 take the subject of it out of commerce foi 
 a longer period than a life or lives in be- 
 ing, and twenty-one years beyond, and, in 
 case of a posthumous child, a few months 
 more, allowing for the term of gestation. 
 Rand. Perp. 48. Such a limitation of prop- 
 erty as renders it unalienable beyond the 
 period allowed by law. Gilb. Uses (Sugd. 
 Ed.) 260, note. 
 
 An interest subject to a condition pre- 
 cedent, which condition is not to be ful- 
 filled within twenty-one years after some 
 life in being at the creation of the interest. 
 Gray, Perp. § 216. 
 
 Mr. Justice Powell, in 12 Mod. 278, dis- 
 tinguished perpetuities into two sorts, — 
 absolute and qualified; meaning thereby, 
 as it is apprehended, a distinction between 
 a plain, direct, and palpable perpetuity, 
 
PERPETUITY OF THE KING 
 
 763 
 
 PERSONA REGIS MERGITUR 
 
 and the case where an estate is limited 
 on a contingency, which might happen 
 within a reasonable compass of time, but 
 where the estate nevertheless, from the 
 nature of the limitation, might be kept out 
 of commerce longer than was thought 
 agreeable to the policy of the common law. 
 But this distinction would not now lead to 
 a better understanding or explanation of 
 the subject; for whether an estate be so 
 limited that it cannot take effect until a 
 period too much protracted, or whether on 
 a contingency which may happen within a 
 moderate compass of time, it equally falls 
 within the line of perpetuity, and the limi- 
 tation is therefore void; for it is not suf- 
 ficient that an estate may vest within the 
 time allowed, but the rule requires that it 
 must. Rand. Perp. 49. See Cruise, Dig. 
 tit. 32, c. 23; 1 Belt, Supp. Ves. 406; 2 Ves. 
 Jr. 357; 3 Saund. 388; Comyn Dig. "Chan- 
 cery" (4 G 1); 3 Chanc. Cas. 1; 2 Bouv. 
 Inst, note 1890. 
 
 PERPETUITY OF THE KING. That Ac- 
 tion of the English law which, for certain 
 political purposes, ascribes to the king in 
 his political capacity the attribute of im- 
 mortality; for, though the reigning mon- 
 arch may die, yet by this fiction the king 
 never dies, i. e., the oflBce is supposed to be 
 reoccupied for all political purposes im- 
 mediately on his death. 
 
 PERQUIRERE (Law Lat. from per, 
 through, and quaerere, to obtain). In feu- 
 dal law. To' gain or acquire ; to acquire by 
 one's own act; to purchase. Breve per- 
 quirere, to purchase a writ. Cowell. 
 
 PERQUISITES. In its most extensive 
 sense, perquisites signifies anything gotten 
 by industry or purchased with money, dif- 
 ferent from that which descends from a 
 father or ancestor. Bracton, lib. 2, c. 30, 
 note 3; Id. lib. 4, c. 22. In a more limited 
 sense, it means something gained by a place 
 or office beyond the regular salary or fee. 
 201 Mich. 468. 
 
 PERQUISITIO. Purchase. 2 BI. Comm. 
 241. Acquisition by one's own act or agree- 
 ment, and not by descent. Id. See "Pur- 
 chase." 
 
 PERQUISITOR. A purchaser; one who 
 first acquired an estate to his family; one 
 who acquired an estate by sale, by gift, or 
 by any other method, except only that of 
 descent. 2 Bl. Comm. 220. 
 
 PERQUISITUM. Purchase. Bracton, fol. 
 66. Co. Litt. 3b, 18b. An estate acquired 
 by purchase, that is, by one's own act, and 
 not by descent; praedium quod quis non 
 a patre vel majoribus possidet, sed quo 
 sua industria vel pecuniis comparato gavr 
 det. Spelman. 
 
 PERSECUTIO (Lat. from persequi, q. v.) 
 In the civil law. A following after; a pur- 
 suing at law; a suit or prosecution. 
 
 Properly, that kind of judicial proceeding 
 before the praetor which was called "ex- 
 traordinary." Calv. Lex. 
 
 In a general sense, any judicial proceed- 
 ing, including not only actions (actiones) 
 properly so called, but other proceedings 
 also. Calv. Lex. 
 
 PERSEQUI (Lat.) In the civil law. To 
 follow after; to pursue or claim in form 
 of law. An action is called a jus perse- 
 quendi. See "Actio." 
 
 PERSEWAR (Old Scotch). In old Scotch 
 law. Pursuer; plaintiff or prosecutor. See 
 "Pursuer." 
 
 PERSON. A man considered according to 
 the rank he holds in society, with all the 
 rights to which the place he holds entitles 
 him, and the duties which it imposes. 1 
 Bouv. Inst, note 137. , _ 
 
 A corporation, which is an artificial per- 
 son. 1 Bl. Comm. 123; 4 Bing. 669; Wood- 
 deson, Lect. 116; 1 Mod. 164; 22 N. Y. 
 352; 10 111. 48; 32 Conn. 216; 118 U. S. 
 394. And it has been held to include a 
 partnership association. 108 Pa. St. 147. 
 It includes both sexes. 136 Mass. 580. 
 
 PERSONA (Lat.) In civil law. Character, 
 in virtue of which certain rights belong to 
 a man, and certain duties are imposed 
 upon him. Thus, one man may unite many 
 ciiaracters {personae) ; as, for example, 
 the characters of father and son, of master 
 and servant. Mackeld. Civ. Law, § 117. 
 
 In its original signification, a mask; 
 afterwards, a man in reference to his con- 
 dition or character {status). Vicat. It is 
 used metaphorically of things, among 
 which are counted slaves.^ It is often op- 
 posed to res; as, actio in personam and 
 actio in rem. 
 
 Power and right belonging to a person 
 in a certain character (pro jure et pofes- 
 tate personae competente). Vicat. Its use 
 is not confined to the living, but is extended 
 to the dead and to angels. Id. A statue 
 in a fountain whence water gushes. 
 
 PERSONA CONJUNCTA AEQUIPARA- 
 tur interesse proprlo. The Interest of a per- 
 sonal connection is sometimes regarded in 
 law as that of the individual himself. Bac. 
 Max. reg. 18; Broom, Leg. Max. (3d Lon- 
 don Ed.) 474. 
 
 PERSONA EST HOMO, CUM STATU 
 quodam consideratus. A person Is a man 
 considered with reference to a certain 
 status. Heinec. Elem. Jur. Civ. lib. 1, tit. 
 2, § 75. 
 
 PERSONA NON GRATA. A person not 
 acceptable. Applied to diplomatic repre- 
 sentatives who are not acceptable at the 
 court to which they are accredited. 
 
 PERSONA REGIS MERGITUR PERSONA 
 duels. The person of duke merges in that of 
 king. Jenk. Cent. Cas. 160. 
 
PERSONA STANbl IN JUDICIO 763 
 
 PERSONAL LAW 
 
 PERSONA STANDI IN JUDICIO. Capaci- 
 ty of_ standing in court or in judgment; 
 capacity to be a party to an action; capacity 
 or ability to sue. 
 
 A phrase probably derived from Bracton 
 (folios 155b, 196). See 15 Johns. (N. Y.) 
 83. 
 
 PERSONABLE (Law Lat. personabilis, 
 from persona, capacity). In old English 
 law. Able to maintain a plea in court; hav- 
 ing capacity to sue. Cowell. Derived prob- 
 ably from the phrase persona standi in ju- 
 dicio {q. v.) 
 
 Of capacity to take a thing granted or 
 given. Plowd. 27a, arg. But in the case 
 here cited, it is used as two words, "person 
 able." "There is a maxim that when a re- 
 mainder is appointed to one, he to whom it 
 is appointed ought at that time to be 'a 
 person able,' and to have capacity to take 
 the remainder, or else it shall be void." Id. 
 
 PERSONAE VICE FUNGITUR MUNICIP- 
 ium et decurla. Towns and boroughs act as 
 if persons. 23 Wend. (N. Y.) 103, 144. 
 
 PERSONAL. Belonging to the person. 
 
 This adjective is frequently employed in 
 connection with substantives, as personal 
 services (see 59 N. H. 551), personal goods 
 (see 5 Mason [U. S.] 356), etc. Personal 
 rights are those which belong to the per- 
 son; personal duties are those which are to 
 be performed in person. 
 
 PERSONAL ACTION. 
 
 In the Civil Law. An action in which 
 
 one person (the actor) sues another (the 
 reus) in respect of some obligation which 
 he is under to the actor either ex contractu 
 or ex delicto. It will be seen that this in- 
 cludes all actions against a person, without 
 reference to the nature of the property in- 
 volved. In a limited sense of the word "ac- 
 tion" in the civil law, it includes only per- 
 sonal actions, all others being called "peti- 
 tions." See "Real Action." 
 
 At Common Law. An action brought 
 
 for the recovery of personal property, for 
 the enforcement of some contract or to re- 
 cover damages for its breach, or for the re- 
 covery of damages for the commission of 
 an injury to the person or property. Such 
 arise either upon contracts, as account, as- 
 sumpsit, covenant, debt, and detinue (q. v.), 
 or for wrongs, injuries, or torts, as trespass, 
 trespass on the case, replevin, trover (q. v.) 
 Other divisions of personal actions are 
 made in the various states; and in Vermont 
 and Connecticut an action is in use called 
 the "action of book debt." 71 Me. 287. See 
 "Action." 
 
 PERSONAL ASSETS. Chattels, money, 
 and other personal property belonging to a 
 bankrupt, insolvent, or decedent estate, 
 which go to the assignee or executor. 
 
 PERSONAL CHATTELS. Strictly and 
 properly speaking, things movable, which 
 may be annexed to or attendant on the per- 
 
 son of the owner and carried about with 
 him from one part of the world to another. 
 2 Bl. Comm. 388*. See Chattel; Personal 
 Effects. 
 
 PERSONAL CONTRACT. A contract as 
 to personal property. A covenant (or con- 
 tract) personal relates only to matters per- 
 sonal as distinguished from real, and is 
 binding on the covenantor (contractor) 
 during his life, and on his personal repre- 
 sentatives after his decease, in respect of 
 assets. Angell & A. Watercourses, 305; 
 Co. Litt. 22. 
 
 PERSONAL COVENANT. A covenant 
 which binds only the covenantor and his 
 personal representatives in respect to as- 
 sets, and can be taken advantage of only 
 by the covenantee. 
 
 A covenant which must be performed by 
 the covenantor in person. Fitzh. Nat. Brev. 
 340. 
 
 All covenants are either personal or real, 
 but some confusion exists in regard to the 
 division between them. Thus, a covenant 
 may be personal as regards the covenantor, 
 and real as regards the covenantee; and dif- 
 ferent definitions have been given, accord- 
 ing to whether the rights and liabilities of 
 the covenantor or the covenantee have been 
 in consideration. It is apprehended, how- 
 ever, that the prevalent modern usage is to 
 hold a covenant real, if it is real, — that is, 
 runs with the land, so as to apply to an 
 assignee, either as regards the covenantor 
 or the covenantee. See Piatt, Gov. 61; 4 
 Bl. Comm. 304, note, 305, note; 3 N. J. 260; 
 7 Gray (Mass.) 83. 
 
 All covenants which relate to personalty 
 merely are of this class. 30 Miss. 145. 
 
 PERSONAL EFFECTS. Without qualify- 
 ing words, "personal effects" generally in- 
 clude such tangible property as is worn 
 or carried about the person, but for the 
 most part, as used in wills, the phrase de- 
 rives its meaning from descriptions of ar- 
 ticles and classifications immediately pre- 
 ceding. 66 Ark. 381. See Personal Chat- 
 tels. 
 
 PERSONAL ESTATE. Personal property. 
 
 PERSONAL KNOWLEDGE. Knowledge 
 derived at first hand from actual sight or 
 hearing of the matter in question, and not 
 from hearsay. 
 
 PERSONAL LAW. As opposed to terri- 
 torial law, personal law is the law appli- 
 cable to persons not subject to the law of 
 the territory in which they reside. It is 
 only by permission of the territorial law 
 that personal law can exist at the present 
 day; e. g., it applies to British subjects 
 resident in the Levant and in other Mo- 
 hammedan and barbarous countries. Under 
 the Roman Empire, it had a very wide ap- 
 plication. Brown. 
 
PERSONAL LIBERTY 
 
 T64 
 
 PERTINENTIAE 
 
 PERSONAL LIBERTY. The right or pow- 
 er of locomotion, of changing situation, or 
 moving one's person to whatsoever place 
 one's own inclination may direct, without 
 imprisonment or restraint, unless by due 
 courst of law. 1 Bl. Comm. 134. Its mod- 
 ern definition is wider, embracing the right 
 of the individual to do as he pleases, unre- 
 stricted save by the right of the public to 
 subordinate his freedom of action to the 
 welfare of the public 
 
 PERSONAL PROPERTY. Chattels iq. v.) 
 
 PERSONAL REPLEVIN. A proceeding 
 which succeeded to the court de homine 
 replegiando, and was in turn succeeded by 
 the writ of habeas corpus. 
 
 PERSONAL REPRESENTATIVES. The 
 
 executors or administrators of the person 
 deceased. 6 Mod. 155; 5 Ves. 402; 1 Madd. 
 108. 
 
 In wills, these words are sometimes con- 
 strued to mean "next of kin." 2 Jarm. 
 Wills, 28; 1 Beav. Rolls, 46; 1 Russ. & M. 
 587. 
 
 PERSONAL RIGHTS. The right of per- 
 sonal security, comprising those of life, 
 limb, body, health, reputation, and the 
 right of personal liberty. Wharton. 
 
 PERSONAL SECURITY. A person's legal 
 and uninterrupted enjojraient of his life, 
 his limbs, his body, his health, and his 
 reputation. 1 Bl. Comm. 129. 
 
 PERSONAL SERVICE. Service of pro- 
 cess on one by actual delivery thereof to 
 him, as distinguished from substituted serv- 
 ice at his residence or constructive service 
 by publication. 
 
 PERSONAL SERVITUDE. Servitudes in 
 gross; i. e., belonging to a person, and not 
 appurtenant to an estate. 
 
 PERSONAL STATUTE. ^ law whose 
 principal, direct, and immediate object is to 
 regulate the condition of persons. 
 
 The term is not properly in use in the 
 common law, although Lord Mansfield, in 
 2 W. Bl. 234, applied it to those legislative 
 acts which respect personal transitory con- 
 tracts, but is occasionally used in the sense 
 given to it in civil law, and which is 
 adopted as its definition. It is a law, ordi- 
 nance, regulation, or custom, the disposi- 
 tion of which affects the person, and clothes 
 him with a capacity or incapacity which he 
 does not change with his abode. See 2 
 Kent, Comm. (10th Ed.) 613. 
 
 PERSONAL THINGS. In the old books, 
 include personal rights and duties. 
 
 PERSONALIA PERSONAM SEQUUN- 
 
 tur. Personal things follow the person. 10 
 Cush. (Mass.) 516. 
 
 PERSONALIS ACTIO. See "AcUo." 
 
 PERSONALITER. In old English law. 
 Personally. 
 
 PERSONALITY. In foreign and modem 
 civil law. That quality of a law which con- 
 cerns the condition, state, and capacity of 
 persons. By the personality of laws, foreign 
 jurists generally mean all laws which con- 
 cern the condition, state, and capacity of 
 persons. Story, Confl. Laws, § 16. 
 
 PERSONALTY. Personal property. 
 
 PERSONATION. The offense of falsely 
 representing one's self as another person, 
 and thereby obtaining some material ad- 
 vantage. 
 
 The offense of personating a voter is com- 
 plete as soon as a person has,' to the proper 
 ofiicer, falsely represented himself as the 
 person entitled to vote, even though he stop 
 short of voting. 33 L. J. M. C. 81 ; 4 B. & S 
 15. 
 
 PERSON E (Law Fr.) A parson. En mes- 
 me la manere est de persone de un esglise, 
 in the same manner is it with the parson of 
 a church. Britt. c. 48. 
 
 PERSONERO (Spanish). In Spanish law. 
 An attorney. So called, because he repre- 
 sents the person of another, either in or out 
 of court. Las Partidas, pt. 3, tit. 5, lib. 1. 
 
 PERSONNE (Fr.) A person. This term 
 is declared by the Civil Code of Louisiana to 
 be applicable to men and women, or to 
 either. Article 3522, No. 25. 
 
 PERSPICUA VERA NON SUNT PRO- 
 banda. Plain truths need not be proved. Co. 
 Litt. 16. 
 
 PERTAIN. To belong or pertain, whether 
 by right of nature, appointment or custom; 
 to rdate, as "things pertaining to life." 
 174 111. 182. 
 
 PERTICA, PERTICATA, or PARTICATA 
 (Law Lat. from pertica) . In old Scotch law. 
 A perch. Skene de Verb. Sign. 
 
 PERTINENT (from Lat. pertineo, be- 
 longing to) . Belonging to or related to the 
 subject or matter in hand; fit or appro- 
 priate in any way; adapted to the end pro- 
 posed; opposite; material; relevant. 174 
 Mich. 351. That which tends to prove or 
 disprove the allegations of the parties. 
 Willes. 319. Matters which have no such 
 tendency are called "impertinent." 8 Toul- 
 lier. Dr. Civ. note 22. 
 
 PERTINENTIAE (Law Lat. from pertir 
 nere, to belong). In old English law. Ap- 
 purtenances, or, as anciently written, "ap- 
 pertinances;" in Scotch law, pertinents; 
 things belonging or incident to another 
 (principal) thing. Reg. Orig. 1; Fleta, lib. 
 3, c. 14, § 11. Appurtenances had sometimes 
 their own appurtenances, called pertinentiae 
 pertinentiarum. "Thus, to the right of feed- 
 ing and pasture, themselves appurtenant to 
 
PERTIKfENTS 
 
 76§ 
 
 PETITIO 
 
 a tenement, were appurtenant the right of 
 way, and free ingress and egress; habent 
 hMJusmodi pertinentiae suas pertinentias, 
 sicut ad jus pascendi et ad pasturam perti- 
 nent via et liber ingressus et egressus. Brac- 
 ton, fol. 232. See Fleta, lib. 4, c. 18, § 3. 
 
 PERTINENTS. In Scotch law. Appur- 
 tenances. "Parts and pertinents," "parts 
 pendicles and pertinents," are formal words 
 in old deeds and charters. 1 Forbes, Inst, 
 pt. 2, pp. 112, 118. 
 
 PERTURBATION. This is a technical 
 word which signifies disturbance or infringe- 
 ment of a right. It is usually applied to 
 the disturbance of pews or seats in a church. 
 In the ecclesiastical courts, actions for these 
 disturbances are technically called "suits for 
 perturbation of seat." 1 Phillim. Ecc. Law, 
 323. See "Pew." 
 
 PERTURBATRIX. A woman who breaks 
 the peace. 
 
 PERVISE, or PARVISE. The palace yard 
 at Westminster. 
 
 A place where counsel used to advise 
 with their clients. 
 
 An afternoon exercise or moot for the 
 instruction of students. Cowell; Blount. 
 
 PES AGE. In England, a toll charged for 
 weighing avoirdupois goods other than wool. 
 2 Chit. Com. Law, 16. 
 
 PESQUISIDOR. In Spanish law. Coroner. 
 White, New Recop. bk. 1, tit. 1, § 3. 
 
 PESSIMI EXEMPLI. Of the worst ex- 
 ample. 
 
 PESSONA (Law Lat.) In old English law. 
 Mast, including acorns, nuts, and other sim- 
 ilar produce of trees. Bracton, fol. 222b. 
 
 PETENS (Lat.; Fr. petere, to demand). 
 In old English law. A demandant; the 
 plaintiff in a real action. Bracton, fols. 
 102, 106b; Fleta, lib. 6, c. 6, § 1. 
 
 PETER FUNK SALE. A fraudulent auc- 
 tion sale. 27 Abb. N. C. (N. Y.) 378. 
 
 PETIT (sometimes corrupted into "pet- 
 ty"). A French word signifying little, 
 small. It is frequently used; as, petit lar- 
 ceny, petit jury, petit treason. 
 
 PETIT CAPE. When the tenant is sum- 
 moned on a plea of land, and comes on the 
 summons, and his appearance is recorded, 
 if at the day given him he prays the view, 
 and, having it given him, makes default, 
 then shall this writ issue from the king. 
 Old Nat. Brev. 162; Reg. Jud. fol. 2; Fleta, 
 lib. 2, c. 44. See "Grand Cape." 
 
 PETIT JUDICIUM. (Lat.) In old prac- 
 tice. Prays judgment. 6 Mod. 236. 10 Id. 
 210, 211. 
 
 PETIT (or PETTY) JURY. The ordinary 
 jury of twelve, as opposed to the grand jury, 
 
 w\iich was of a larger number, and whose 
 duty it was to find bills for the petit jury 
 to try. 3 Bl. Comm. 351*. 
 
 A body of twelve men, who are sworn to 
 try 'the facts of a case as they are present- 
 ed ill the evidence placed before them. Any 
 less than this number of twelve would_ not 
 be a common law jury and not such a jury 
 as the Constitution guarantees to accused 
 parties, when a less number is not allowed 
 in express terms; and the necessity of a 
 full panel could not be waived — at least in 
 the case of felony — even by consent. The 
 infirmity in the case of a trial by a jury of 
 less than twelve, by consent, would be that 
 the tribunal would be one unknown to the 
 law, created by mere voluntary act of the 
 parties ; aiid it would in effect be an attempt 
 to submit to a species of arbitration the 
 question whether the accused has been 
 guilty of an offense against the State. 
 Cooley's Const. Lim. 319; 128 111. 593. 
 
 PETIT (or PETTY) LARCENY. In old 
 English law, based on St. Westminster I. c. 
 15, larceny where the value of the property 
 stolen was twelve pence or less. The dis- 
 tinction between grand and petit larceny has 
 been abolished in England. 24 «& 25 Vict, 
 c. 96, § 4. 
 
 In the United States there are statutes in 
 some states making a distinction between 
 grand and petty larceny based on the value 
 of the property stolen. 
 
 PETIT SERJEANTY. A tenure by which 
 lands are held of the crown by the service 
 of rendering yearly some small implement 
 of war, as a lance, an arrow, etc. 2 Bl. 
 Comm. 82. Though St. 12 Car. II. took away 
 the incidents of livery and primer seisin, 
 this tenure still remains a dignified branch 
 of socage tenure, from which it only differs 
 in name on account of its reference to war. 
 Such is the tenure of the grants to the 
 dukes of Marlborough and Wellington. 
 
 PETIT (or PETTY) TREASON. In Eng- 
 lish law. The killing of a master by his 
 servant, a husband by his wife, a superior 
 by a religious man. 4 Bl. Comm. 73. In 
 the United States this is like any other 
 murder. See "Treason." 
 
 PETITE ASSIZE. Used in contradistinc- 
 tion from the "grand assize," which was a 
 jury to decide on questions of property. 
 Petite assize, a jury to decide on questions 
 of possession. Britt. c. 42; Glanv. lib. 2, c. 
 6, 7; Home, Mir. lib. 2, c. "De Novel Dis- 
 seisin." 
 
 PETITIO (Lat. from petere, to ask or de- 
 mand) . 
 
 In the Civil Law. The plaintiff's or 
 
 actor's statement of his cause of action, in 
 an action in rem. Dig. 44. 7. 28 ; Calv. Lex. 
 
 In Old English Law. Petition or de- 
 mand; the count in a real action; the form 
 of words in which a title to land was stated 
 by the demandant, and which commenced 
 
PETITION 
 
 766 
 
 PETRA 
 
 with the word peto (q. v.) 1 Reeve, Hist. 
 Eng. Law, 176. Obviously borrowed from 
 the civil law. 
 
 PETITION. An instrument ot writing or 
 printing, containing a prayer from the per- 
 son presenting it, called the "petitioner," to 
 the body or person to whom it is presented, 
 for the redress of some wrong, or the grant 
 of some favor which the latter has the right 
 to give. 48 Miss. 36. 
 
 In Practice. An application to a court 
 
 in writing; in contradistinction to a "mo- 
 tion," which may be viva voce. Shaw, C. J., 
 4 Mete. (Mass.) 376. A motion stated in 
 writing. 
 
 In Equity Practice. An application in 
 
 writing for an order of the court, stating 
 the circumstances upon which it is founded; 
 a proceeding resorted to whenever the na- 
 ture of the application to the court requires 
 a fuller statement than can be conveniently 
 made in a notice of motion. 1 Barb. Ch. 
 (N. Y.) 578. See 3 Daniell, Chanc. Prac. 
 (Perkins' Ed.) 1801. 
 
 PETITION DE DROIT (Law Fr.) In Eng- 
 lish practice. A petition of right; a form 
 of proceeding to obtain restitution from the 
 crown of either real or personal property, 
 being of use where the crown is in posses- 
 sion of any hereditaments or chattels, and 
 the petitioner suggests such a right as con- 
 troverts the title of the crown, grounded on 
 facts disclosed in the petition itself. 3 Bl. 
 Comm. 256; 8 Add. & E. (N. S.) 208. 
 
 PETITION OF RIGHT. In English law. A 
 proceeding, in chancery by which a subject 
 may recover property in the possession of 
 the king. 
 
 This is in the nature of an action against 
 a subject, in which the petitioner sets out 
 his right to that which is demanded by him, 
 and prays the king to do him right and 
 justice; and, upon a due and lawful trial of 
 the right, to make him restitution. It is 
 called a "petition of right," because the king 
 is bound of right to answer it, and let the 
 matter therein contained be determined in 
 a legal way, in like manner as causes be- 
 tween subject and subject. The petition is 
 presented to the king, who subscribes it 
 with these words, soit droit fait al partie, 
 and thereupon it is delivered to the chancel- 
 lor to be executed according to law. 4 Inst. 
 419, 422b; Mitf. Eq. PL 30, 31; Cooper, 
 Eq. PI. 22, 23. 
 
 PETITION OF RIGHTS. A parliamentary 
 declaration of the liberties of the people, as- 
 sented to by King Charles I. in 1629. It is 
 to be distinguished from the bill of rights 
 (1689), which has passed into a permanent 
 constitutional statute. 
 
 PETITIONING CREDITOR. The creditor 
 at whose instance an adjudication of bank- 
 ruptcy is made against a bankrupt. 
 
 PETITOR (Lat. from petere, to demand). 
 In Roman law. A plaintiff or actor, par- 
 
 ticularly in an action in rem; a demand- 
 ant. Calv. Lex. Actor est qui agit in per- 
 sonam, petitor, qui agit in rem, an actor is 
 one who prosecutes against a person, a de- 
 mandant one who prosecutes against a thing. 
 Cujac. Observ. lib. 7, c. 26. 
 
 PETITORY. That which demands or peti- 
 tions; that which has the quality of a 
 prayer or petition ; a right to 'demand. 
 
 A petitory suit or action is understood to 
 be one in which the mere title to property 
 is to be enforced by means of a demand, pe- 
 tition, or other legal proceeding, as distin- 
 guished from a suit where only the right of 
 possession and not the mere right of prop- 
 erty is in controversy. 1 Kent, Comm. 371; 
 7 How. (U. S.) 846; 10 How. (U. S.) 257. 
 Admiralty suits touching property in ships 
 are either petitory, in which the mere title 
 to the property is litigated, or possessory, to 
 restore the possession to the party entitled 
 thereto. 
 
 The American courts of admiralty exer- 
 cised unquestioned jurisdiction in petitory 
 as well as possessory actions; but in Eng- 
 land the courts of law, some time after the 
 restoration in 1660, claimed exclusive cog- 
 nizance of mere questions of title, until the 
 statute of 3 & 4 Vict. c. 65. By that stat- 
 ute, the court of admiralty was authorized 
 to decide all questions as to the title to or 
 ownership of any ship or vessel, or the pro- 
 ceeds thereof remaining in the registry in 
 any cause of possession, salvage, damage, 
 wages, or bottomry, instituted in such court 
 after the passing of that act. Ware, Dist. 
 Ct. 232; 18 How. (U. S.) 267; 2 Curt. C. C. 
 (U. S.) 426. 
 
 In Scotch Law. Actions in which dam- 
 ages are sought. , 
 
 This class embraces such actions as as- 
 sumpsit, debt, covenant, and detinue, at 
 common law. See Patterson, Comp. 1058, 
 note. 
 
 PETITORY SUIT (or ACTION). 
 
 In Admiralty Law. A suit In which 
 
 the mere title to property is litigated and 
 sought to be enforced, as distinguished from 
 a possessory action (g. v.) 5 Mason (U. S.) 
 465; 1 Kent, Comm. 371. See "Petitory." 
 
 In Scotch Law. An action wherein the 
 
 pursuer (plaintiff) claims something as due 
 or belonging to him by the defender (de- 
 fendant). 1 Forbes, Inst. pt. 4, p. 163; 
 Bell, Diet. 
 
 PETO (Lat.) 
 
 Roman Law. I request. A common 
 
 word by which a fideicommissum, or trust, 
 was created in a will. Inst. 2. 24. 3. 
 
 In Old English Law.. I demand. The 
 
 word with which a demandant's count com- 
 menced. 
 
 PETRA (Lat.) In old English law. Stone. 
 Pleta, lib. 1, c. 20, § 114. 
 
 A stone. A weight of twelve pounds and 
 a half. Fleta, lib. 2, c. 12, § 1. 
 
PETTIFOGGER 
 
 76t 
 
 PIGNORATIVE CONTRACT 
 
 PETTIFOGGER. Ojne who pretends to be 
 a lawyer, but possesses neither knowledge 
 of the law nor conscience. 
 
 An unprincipled practitioner of law, whose 
 business is confined to petty cases. See 40 
 Mich. 256. See, also, "Shyster." 
 
 PETTIFOGGING. Practicing the arts of 
 a pettifogger, like the raising of unprofes- 
 sional or dishonorable quibbles, practicing 
 petty deceptions on the court, attempting to 
 bring scandalous or impertinent issues in- 
 to the trial, etc. 
 
 PETTY. Small; inferior. A word framed 
 from the Fr. petit, and sometimes used in- 
 discriminately with it. 
 
 PETTY AVERAGE (called, also, "custo- 
 mary average"). Several petty charges 
 which are borne partly by the ship and 
 partly by the cargo, such as the expense 
 of tonnage, beaconage, etc. Abb. Shipp. 
 (7th Ed.) 404; 2 Pars. Mar. Law, 312; 1 
 Bell, Comm. 567; 2 Magens, 277. See 
 "Average." 
 
 PETTY BAG OFFICE. In English law. An 
 office in the court of chancery, appropriated 
 for suits against attorneys and officers of 
 the court, and for process and proceedings 
 by extent on statutes, recognizances ad 
 quod damnum, and the like. Termes de la 
 Ley. See "Hanaper Office." 
 
 PETTY CONSTABLE. The ordinary con- 
 stable, as distinguished from the high con- 
 stable of the hundred. 1 Bl. Comm. 355; 
 Bac. Law Tr. 181, "Office of Constable;" 
 Willcock, Const, c. 1, § 1. See "Constable." 
 
 PEW. A seat in a church, separated from 
 all others, with a convenient place to stand 
 therein. It is derived from puye, and signi- 
 fies primarily an inclosed seat in a church. 
 L. R. 5 C. P. 224. 
 
 It is an incorporeal interest in the real 
 property. And although a man has the ex- 
 clusive right to it, yet it seems he cannot 
 maintain trespass against a person entering 
 it (1 Term R. 430) ; but case is the proper 
 remedy (3 Barn. & Aid. 361; 8 Barn. & C. 
 294). 
 
 In Connecticut and Maine, pews are con- 
 sidered real estate. In Massachusetts and 
 New Hampshire, they are personal property. 
 Gen. St. Mass. c. 30, § 38; 1 Smith, St. 145. 
 The precise nature of such property does not 
 appear to be well settled in New York. 15 
 Wend. (N. Y.) 218; 16 Wend. (N. Y.) 28; 
 5 Cow. (N. Y.) 494. See 10 Mass. 323; 17 
 Mass. 438; 7 Pick. (Mass.) 138; 4 N. H. 
 180; 4 Ohio, 515; 4 Har. & McH. (Md.) 
 279; Best, Pres. Ill; Crabb, Real Prop. 
 §§ 481-497; Washb. Easem. 
 
 PEWTER. An alloy of lead and tin. 28 
 L. Cas. 326. 
 
 PHAROS. (Lat.) In maritime law. A 
 light-house. Mar. lib. 2, c. 1, sec. 7. 
 
 PHYSICAL FACT. A fact the existence of 
 whtch may be perceived by the senses, such 
 as Ihe sound of a pistol shot, a man running, 
 impressions of feet on the ground. Burrill, 
 Circ( Ev. 180. 
 
 PHYSICIAN. A person who has received 
 the dtegree of doctor of medicine from an 
 incorporated institution. 
 
 One ^awfully engaged in the practice of 
 medicine. 
 
 The \erm is not limited to any of the 
 schools of practitioners recognized by law. 
 62 Wis. ^89. 
 
 PIA FRAUS. A pious fraud. A term ap- 
 plied to elusions of the statute of mortmain, 
 and other frauds in the interest of religious 
 institutions, 
 
 PICCAGE (Law Lat. piccagium, from Fr. 
 piquer, to perforate, or pick). In old Eng- 
 lish law. Money paid at fairs for leave to 
 break the ground, to set up booths or stalls. 
 Cowell; Spelman. 
 
 PICKERY. In Scotch law. Stealing of 
 trifles, punishable arbitrarily. Bell, Diet.; 
 Tait, Inst. "Theft." 
 
 PICKET. A relay of guards in front of 
 a factory or place of business of an em- 
 ployer for the purpose of watching who en- 
 ters or leaves it, or the establishment and 
 maintenance of an organized espionage up- 
 on the works and upon those going to and 
 from them, 178 Mich. 305; it has also been 
 defined as "a body of men belonging to a 
 trade union sent to watch and annoy non- 
 union workers in a shop or against which a 
 strike is in progress," but the word original- 
 ly had no such meaning. 118 Mich. 497. 
 
 PICKPOCKET. A thief; one who In a 
 crowd or in other places steals from the 
 pockets or person of another, without put- 
 ting him in fear. This is generally pun- 
 ished as simple larceny, but by some states 
 larceny from the person, committed privily, 
 is made a distinct crime. Pen. Code Ga. 
 § 175 ; Pen. Code Tex. art. 879. 
 
 PIEDPOUDRE. See "Court of Piepoudre." 
 
 PIERAGE. Toll for using a marine pier. 
 Webster; Smart. 
 
 PIGNORATIO (Lat. from pignorare, to 
 pledge). In civil law. The obligation of 
 a pledge. L. 9 D. "De Pignor." Sealing up 
 (obsignatio) . A shutting up of an animal 
 caught in one's field, and keeping it till the 
 expenses and damage have been paid by its 
 master. New Dec. 1. 34. 13. 
 
 PIGNORATITIA ACTIO. See "Actio Pig-- 
 noraticia." 
 
 PIGNORATIVE CONTRACT. In civil law. 
 A contract by which the owner of an estate 
 engages it to another for a sum of money, 
 and grants to him and his successors the 
 right to enjoy it until he shall be reim- 
 
PIGNORIS CAPTIO 
 
 768 
 
 PIRACY 
 
 bursed, voluntarily, that sum of money. 
 Poth. Obi. 
 
 PIGNORIS CAPTIO (Lat.) In Roman law. 
 The name given to one of the legis aetiones 
 of the Roman law. It consisted chiefly in 
 the taking of a pledge, and was, in fact, a 
 mode of execution. It was confined to spe- 
 cial cases determined by positive law or by 
 custom, such as taxes, duties, rents, etc., 
 and is comparable in some respects to dis- 
 tresses at common law. The proceeding 
 took place in the presence of a praetor, 
 
 PIGNUS (Lat.) In civil law. Pledge, or 
 pawn; the contract of pledge; the right in 
 the thing pledged. 
 
 "It is derived" says Gaius, "from pugnum, 
 the fist, because what is delivered in pledge 
 is delivered in hand." Dig. 50. 16. 238. 2. 
 This is one of several instances of the fail- 
 ure of the Roman jurists when they at- 
 tempted etjrmological explanations of words. 
 The elements of pignus (pig) are contained 
 in the word pan(g)-o and its cognate forms. 
 See Smith. 
 
 Though pledge is distinguished from 
 mortgage (hypotheca), as being something 
 delivered in hand, while mortgage is good 
 without possession, yet a pledge (pignus) 
 may also be geod without possession. Do- 
 mat, Civ. Law, bk. iii. tit. 1, § 5 ; Calv. Lex. 
 Pignus is properly applied to movables, hy- 
 potheca to immovables; but the distinction is 
 not always preserved. Id. 
 
 PILFERAGE. Pilferage has but one mean- 
 ing, and it is one form of stealing. 207 111. 
 App. 492. 
 
 PILLAGE. A robbery by force or violence; 
 and not a simple larceny merely. 26 Wend. 
 573. The taking by violence of private prop- 
 erty by a victorious army from the citizens 
 or subjects of the enemy. This in modern 
 times is seldom allowed, and then only when 
 authorized by the commanding or chief oflB- 
 cer at the place where the pillage is com- 
 mitted. The property thus violently taken 
 belongs, in general, to the common soldiers. 
 Dalloz. "Propriete," art. 3, § 5; Wolff. 
 § 1201. See "Booty;" "Prize." 
 
 PILLORY. An instrument of punishment, 
 consisting of a wooden machine, in which 
 the neck of the culprit is inserted, he being 
 ordinarily exposed in a public place while so 
 secured. 
 
 PILOT. An officer serving on board of a 
 ship during the course of a voyage, and hav- 
 ing the charge of the helm and of the ship's 
 route. An officer authorized by' law, who is 
 taken on board at a particular place for the 
 purpose of conducting a ship through a 
 river, road, or channel, or from or into port. 
 10 Abb. Pr. (N. Y.) 30. 
 
 Pilots of the second description are estab- 
 lished by legislative enactments at the prin- 
 cipal seaports in this country, and have 
 rights, and are bound to perform duties, 
 agreeably to the provisions of the several 
 
 laws establishing them; the principal being 
 the obligation of every vessel entering the 
 port to take on a licensed pilot of the port, 
 usually the first who offers his services (118 
 U. S. 90; 12 Fed. 81; 10 Fed. 135), or pay 
 pilotage to the pilot so offering. 
 
 PILOTAGE. The compensation given to a 
 pilot for conducting a vessel in or out of 
 port. Poth. des Avaries, note 147. 
 
 Pilotage is a lien on the ship, when the 
 contract has been made by the master or 
 quasi master of the ship, or some other per- 
 son lawfully authorized to make it (1 Mason 
 [U. S.] 598; 32 Fed. 486), and the admiralty 
 court has jurisdiction when services have 
 been performed at sea (Id.; 10 Wheat. tU. 
 S.] 428; 6 Pet. [U. S.] 682; 10 Pet. [U. S.] 
 108). And see 1 Pet. Adm. Dec. (U. S.) 
 227. 
 
 PIMP. A procurer; a panderer; a man 
 who has intercourse with a loose woman, and 
 usually she is taking care of him, — support- 
 ing him. The word has no technical mean- 
 ing. 75 Mich. 131. 
 
 PIMP TENURE. A very singular and 
 odious kind of tenure mentioned by the old 
 writers, "Wilhelmus Hoppeshort _ tenet di- 
 midiam virgatam terrae per servitium cus- 
 todiendi sex damisellas, scil. meretrices ad 
 usum domini regis." 12 Edw. I. 
 
 PIN MONEY. Money allowed by a man 
 to his wife to spend for her own personal 
 comforts. 9 Beav. 65; 2 Clark & F. 654. 
 
 It has been conjectured that the term "pin 
 money" has been applied to signify the pro- 
 vision for a married woman, because an- 
 ciently there was a tax laid for providing 
 the English queen with pins. Barr. Obs. St. 
 181. 
 
 PINT. A liquid measure, containing half 
 a quart, or the eighth part of a gallon. 
 
 PIOUS USES. See "Charitable Uses." 
 
 PIPE. In English law. The name of a 
 roll in the exchequer, otherwise called the 
 "Great Roll" or "pipe roll." Spelman. A 
 measure, containing two hogsheads. One 
 hundred and twenty-six gallons is also called 
 a pipe. 
 
 PIPE LINES. A line or series of pipes 
 designed for the transportation of water, 
 gas, etc. 
 
 PIPOWDER, or PIEPOUDRE (Ft. ptei- 
 poudre). In English law. The name of 
 a court held for fairs and markets. See 
 "Court of Piepoudre." Pipowder courts 
 were formerly appointed to be held at fairs 
 in the town and borough of Westchester, 
 New York. Bolton, Hist. Westbhestfer, i. 
 194. 
 
 PIRACY. 
 
 In Criminal Law. A robbery or forci- 
 ble depredation on the high seas, without 
 lawful authority, done animo furandi, in the 
 
PIEATA EST HOSTIS 
 
 769 
 
 PLACITA COMMUNIA 
 
 spirit and intention of universal hostility. 
 3 Wheat. (U. S.) 610; 5 Wheat. (U. S.) 153, 
 163; 3 Wash. C. C. (U. S.) 209. This is the 
 definition of this offense by the law of na- 
 tions. 1 Kent, Comm. 183.' 
 
 "A pirate is one who roves the seas in 
 an armed vessel, without any commission 
 from any sovereign, and for the purpose of 
 seizing by force and appropriating to him- 
 self every vessel whiph he may meet." Trial 
 of Savannah Privateers, p. 371. 
 
 TJie commission upon the high seas of 
 such acts of robbery and depredation as 
 would, if committed on land, have amounted 
 to a felony. 4 Bl. Comm. 72. 
 
 In Torts. By piracy is understood the 
 
 plagiarisms of a book, engraving, or other 
 ■work for which a copyright has been taken 
 out. 
 
 When a piracy has been made of such a 
 work, an injunction will be granted. 4 Ves. 
 681; 5 Ves. 709; 12 Ves. 270. See "Copy- 
 right." 
 
 PIRATA EST HOSTIS HUMANI GENE- 
 
 ris. A pirate Is an enemy of the human race. 
 3 Inst. 113. 
 
 PIRATE. A sea robber, who, to enrich 
 himself, by subtlety or open force, setteth 
 upon merchants and others trading by sea, 
 despoiling them of their loading, and some- 
 times bereaving them of life and sinking 
 their ships. Ridley, View, pt. 2, c. 1, § 3. 
 One guilty of the crime of piracy. Merlin, 
 Repert. See, for the etymology of this word, 
 Bac. Abr. "Piracy." 
 
 PIRATICALLY. In pleading. This Is a 
 technical word, essential to charge the crime 
 of piracy in an indictment, which cannot be 
 supplied by another word or any circumlo- 
 cution. Hawk. P. C. bk. 1, c. 37, § 15; 3 
 Inst. 112; 1 Chit. Crim. Law, *244. 
 
 PISCARY. The right of fishing in the 
 waters of another. Bac. Abr.; 5 Comyn, 
 Dig. 366. See "Fishery." 
 
 PI STARE EN. A small Spanish coin. It 
 is not made current by the laws of the Unit- 
 ed States. 10 Pet. (U. S.) 618. 
 
 PIT. A hole dug in the earth, which was 
 filled with water, and in which women 
 thieves were drowned, instead of being hung. 
 The punishment of the pit was formerly 
 common in Scotland. 
 
 PIT AND GALLOWS (Law Lat, fossa et 
 fwca). In Scotch law. A privilege of in- 
 flicting capital punishment for theft, given 
 by King Malcolm, by which a woman could 
 be drowned in a pit (fossa) or a man hanged 
 on ttie galltfws (/ttrcfc). DeHj Diet.; Stair, 
 I-nst. 277, § 62. 
 
 PIX (Lafc) A mode of testing coin. The 
 ascertaining whether fcdin is of the proper 
 standard is, in England, called "pixing" it; 
 and there are occasions on which resort is 
 had for this purpose to an ancient mode of 
 
 inquisition called the "trial of the pix," be- 
 fore a jury of members of the Goldsmith's 
 Company. 2 Steph. Comm. 540, note. 
 
 PIXIS (Law Lat.) In old pleading. A 
 box. Cro. Jac. 664. "Trover was brought 
 de una pixide, Anglice, a box full of bands," 
 etc. Id. A box for deeds and muniments. 
 Latch, 195. 
 
 PLACE. See "Venue." 
 
 PLACE OF ABODE. By place of abode 
 is usually meant the place of residence. A 
 man's residence, where he lives with his 
 family and sleeps at night, is always his 
 place of abode in the full sense of that ex- 
 pression. 21 L. J. Q. B. 153; 17 Q. B. 772. 
 
 PLACE OF BUSINESS. The place where 
 a man usually transacts his affairs or busi- 
 ness. 
 
 A place of business is a place actually 
 occupied, either continually or at regular 
 intervals, by a person, or those in his em- 
 ployment, for the transaction of business; 
 the mere occasional transaction of busi- 
 ness at a place, not at stated periods, not 
 being sufficient. 8 Port. (Ala.) 155. 
 
 A place in the house of another, where 
 one is employed two or three days a week 
 in settling up his old business, is not a 
 place of business. 1 Pet. (U. S.) 578. 
 
 The term implies a particular place ap- 
 propriated exclusively to a local business. 
 38 Tex. 599. 
 
 When a man keeps a store, shop, count- 
 ing room, or office, independently and dis- 
 tinctly from all other persons, that is 
 deemed his place of business; and when he 
 usually transacts his business at the count- 
 ing house, office, and the like, occupied and 
 used by another, that will also be con- 
 sidered his place of business, if he has no 
 independent place of his own. But when 
 he has no particular right to use a place 
 for such private purpose, as in an insur- 
 ance office, an exchange room, a banking 
 room, a post office, and the like, where 
 persons generally resort, these will not be 
 considered as the party's place of business, 
 although he may occasionally or transiently 
 transact business there. 1 Pet. (U. S.) 
 582; 2 Pet. (U. S.) 121; 10 Johns. (N. Y.) 
 501; 11 Johns. (N. Y.) 231; 16 Pick. 
 (Mass.) 392. 
 
 PLACE OF CONTRACT. See "Lex Loci." 
 
 PLACEA. (Law Lat.) In old records. A 
 place. 
 
 PLACITA. The convening order of the 
 court. 63 111. 497. 
 
 PLACITA COMMUNIA (Lat.) Common 
 pleas. All civil actions between subject and 
 subject. 3 Bl. Comm. 38, 40*; Cowell. 
 "Plea." See "Placitum." 
 
PLACITA CORONAE 
 
 770 
 
 PLANTATIONS 
 
 PLACITA CORONAE (Lat.) Pleas of 
 the crown. All trials for crimes and mis- 
 demeanors, wherein the king is plaintiflF, 
 on behalf of the people. 3 Bl. Comm. 40*; 
 Cowell, "Plea." 
 
 PLACITA DE TRANSGRESSIONS CON- 
 tra pacem regis, in regno Angliae vi et arm- 
 is facta, secundum legem et consuetudinem 
 Angliae sine brevi regis placitari non de- 
 bent. Pleas of trespass against the peace of 
 the king in the kingdom of England, made 
 with force and arms, ought not, by the law 
 and custom of England, to be pleaded with- 
 out the king's writ. 2 Inst. 311. 
 
 PLACITA JURIS (Lat.) Arbitrary rules 
 of law. Bah. Law Tr. 73; Bac. Max. reg. 
 12. 
 
 PLACITA NEGATIVA DUO EXITUM 
 non faciunt. Two negative pleas do not 
 form an issue. Loflft, 415. 
 
 PLACITABILE (Law Lat.) In old Eng- 
 lish law. Pleadable. Spelman. 
 
 PLACITAMENTUM (Law Lat.) In old 
 records. The pleading of a cause. Spel- 
 man. 
 
 PLACITARE (Law Lat. from placitum, 
 q. V.) In old English law. To plead; to 
 state to a court in form of law. Placitan- 
 tur placita, pleas are pleaded. Bracton, 
 fol. 106. Placitavit (he) pleaded. Y. B. 
 M. 1 Edw. II. 
 
 To litigate; to make the subject of a plea 
 or action; to implead or prosecute. Breve 
 Gul. Conq. apud Hale, Hist. Com. Law, 120. 
 
 PLACITATOR (Law Lat. from placitare, 
 q. V.) In old records. A pleader. Cowell; 
 Spelman. 
 
 PLACITUM (Lat. from plaeere). 
 
 In Civil Law. Any agreement or bar- 
 gain; a law; a constitution or rescript of 
 the emperor; the decision of a judge or 
 award of arbitrators. Vicat; Calv. Lex.; 
 Dupin, Notions Sur le Droit. 
 
 In Old English Law (Gev. plats; Lat. 
 
 plateae, i. e., fields or streets). An assem- 
 bly of all degrees of men, where the king 
 presided, and they consulted about the 
 great affairs of the kingdom. First held, 
 as the name would show, in the fields or 
 street. Cowell. 
 
 So on the continent. Hinc. de Ordine 
 Palatii, c. 29; Bertinian, Annals of Prance, 
 A. D. 767; Const. Car. Mag. c. ix.; Hinc. 
 Epist. 197, 227; Laws of the Longobards, 
 passim. 
 
 A lord's court. Cowell. 
 
 An ordinary court. Placita is the style 
 of the English courts at the beginning oi 
 the record at nisi prius. In this sense, 
 placita are divided into pleas of the crown 
 and common pleas (q. v.) (jowell. 
 
 A trial or suit in court. Cowell. Jacobs. 
 
 A fine. Black Book of Exchequer, lib. 2, 
 tit. 13; 1 Hen. I. cc. 12, 13. 
 
 A plea. This word is nomen generalissi- 
 mum, and refers to all the pleas in the 
 
 case. 1 Saund. 888, note 6; Skin. 554; 
 Carth. 334; Yelv. 65. By placitum is also 
 understood the subdivisions in abridge- 
 ments and other works, where the point 
 decided in a case is set down separately, 
 and generally numbered. In citing, it is 
 abbreviated as follows : Viner, Abr. "Abate- 
 ment," pi. 3. 
 
 Placitum nominatum is the day appointed 
 for a criminal to appear and plead. 
 
 Placitum fractum is a day past or lost to 
 the defendant. 1 Hen. I. c. 59. 
 
 PLAGIARISM. The act of appropriating 
 the ideas and language of another, and 
 passing them for one's own. When this 
 amounts to piracy, the party who has been 
 guilty of it will be enjoined when the origi- 
 nal author has a copyright. See "Clopy- 
 right;" "Piracy;" "Quotation;" Pardessus, 
 Dr. Com. note. 
 
 PLAGIARIUS (Lat.) In civil law. He who 
 fraudulently concealed a freeman or slave 
 who belonged to another. 
 
 The offense itself was called plagium. It 
 differed from larceny or theft in this, that 
 larceny always implies that the guilty 
 party intended to make a profit, whereas 
 the plagiarius did not intend to make any 
 profit. Dig. 48. 15. 6; Code, 9. 20. 9. 15. 
 
 PLAGIUM (Lat.) Man stealing; kidnap- 
 ping. This offense is the crim.en plagii of 
 the Eomans. Alls. Crim. Law, 280, 281. 
 
 PLAIDEUR (Old Fr.) A pleader; an ad- 
 vocate. 
 
 PLAIN STATEMENT. One that may be 
 readily understood, not merely by lawyers, 
 but by all who are sufficiently acquainted 
 with the language in which it is written. 6 
 Sandf. Ch. (N. Y.) 557, 564. 
 
 PLAINT. In EInglish law. The exhibiting 
 of any action, real or personal, in writing. 
 The party making his plaint is called the 
 plaintiff. 
 
 PLAINTIFF. He who complains. He who, 
 in a personal action, seeks a remedy for an 
 injury to his rights. 3 Bl. Comm. 25. 
 
 In Code Practice. The person by 
 
 whom a civil action is brought. 
 
 PLAINTIFF IN ERROR. A party who 
 sues out a writ of error; and this, whether 
 in the court below he was plaintiff or de- 
 fendant. 
 
 PLANT. The fixtures and tools necessary 
 to carry on any trade or mechanical busi- 
 ness. 77 Ga. 748. 
 
 PLANTATIONS. 
 
 In English Law. Colonies; depend- 
 encies. 1 Bl. Comm. 107. If this use of 
 the term was ever current in America, it 
 is now obsolete. See 7 Conn. 201. 
 
 In England, this word, as it is used in 
 St. 12 Car. II. c. 18, is never applied to any 
 of the British dominions in Europe, but 
 
PLAT 
 
 771 
 
 PLEA 
 
 only to the colonies in the West Indies and 
 America. 1 Marsh. Ins. bk. 1, c. 8, § 2, 
 p. 64. The title of the state of Rhode 
 Island, at the time of the Articles of Con- 
 federation, was "Rhode Island and Provi- 
 dence Plantations." 
 
 In American Law. A large estate, cul- 
 tivated chiefly by negroes, who live in a 
 distinct community on the estate, under the 
 control of the proprietor. 79 Ga. 721. Ap- 
 parently the term is applied in Maine to a 
 minor civil subdivision. Webster. 
 
 PLAT. A map of a piece of land, on 
 which are marked the courses and distances 
 of the different lines, and the quantity of 
 land it contains. 
 
 Such a plat may be given in evidence in 
 ascertaining the position of the land and 
 what is included, and may serve to settle 
 the figure of a survey and correct mistakes. 
 5 T. B. Mon. (Ky.) 160. See 17 Mass. 211; 
 5 Me. 219; 7 Me. 61; 4 Wheat. (U. S.) 444; 
 14 Mass. 149. 
 
 PLATEA. (Latin.) A wide place; a court 
 yard; a barn-yard. In old English law. A 
 clear or open space of ground; a plat or 
 plot of ground. 
 
 PLAY. (L. Fr.) In old English law. 
 A plea, or action. 
 
 PLAZA. (Spanish derivation.) A plat of 
 ground in a city or village dedicated to 
 the use of the general public for a market 
 place, a common or a park. 79 111. App. 
 441. 
 
 PLEA. 
 
 In Equity. A special answer showing 
 
 or relying upon one or more things as a 
 cause why the suit should be either dis- 
 missed, or delayed, or barred. Mitf. Eq. PI. 
 (Jeremy Ed.) 219; Cooper, Eq. PI. 223; 
 Story, Eq. PL § 649. 
 
 The modes of making defense to a bill 
 in equity are said to be by "demurrer," 
 which demands of the court whether, from 
 the matter apparent from the bill, the de- 
 fendant shall answer at all; by "plea," 
 which, resting on the foundation of new 
 matter offered, demands whether the de- 
 fendant shall answer further ; by "answer," 
 which responds generally to the charges of 
 the bill; by "disclaimer," which denies any 
 interest in the matters in question. Mitf. 
 Eq. PL (Jeremy Ed.) 13; 2 Story (U. S.) 
 59; Story, Eq. PL § 437. Pleas are said 
 to be "pure" which rely upon foreign mat- 
 ter to discharge or stay the suit, and 
 "anomalous" or "negative" which consist 
 mainly of denials of the substantial mat- 
 ters set forth in the bill. Story, Eq. PL 
 §§ 651, 667; 2 Daniell, Ch. Pr. 97, 110; 
 Beames, Eq. PL 123; Adams, Eq. 236. 
 
 (1) Pleas to the jurisdiction assert that 
 the court before which the cause is brought 
 is "not the proper court to take cognizance 
 of the matter. 
 
 (2) Pleas to the person may be to the 
 person of the plaintiff or defendant. Those 
 
 of the former class are mainly outlawry, 
 excommunication, popish recusant convict, 
 which are never pleaded in America, and 
 very rarely now in England; attainder, 
 which is now seldom pleaded (2 Atk. 399) ; 
 alienage, which is not a disability unless 
 the matter respect lands, when the alien 
 may not hold them, or he be an alien 
 enemy not under license (2 Ves. & B. 323) ; 
 infancy, coverture, and idiocy, which are 
 pleadable as at law (see "Abatement") ; 
 bankruptcy and insolvency, in which case 
 all the facts necessary to establish the 
 plaintiff as a legally declared bankrupt 
 must be set forth (3 Mer. 667), though not 
 necessarily as of the defendant's own 
 knowledge (Younge, 331; 4 Beav. Rolls, 
 554; l' Younge & C. 39) ; want pf charac- 
 ter in which he sues, as that he is not an 
 administrator (2 Dick. 510; 1 Cox, 198), 
 is not heir (2 Ves. & B. 159; 2 Brown, Ch. 
 143; 3 Brown, Ch. 489), is not a creditor 
 (2 Sim. & S. 274), is not a partner (6 
 Madd. 61), as he pretends to be, that the 
 plaintiff named is a fictitious person, or 
 was dead at the commencement of the suit 
 (Story, Eq. PL § 727). Those to the per- 
 son of the defendant may show that the 
 defendant is not the person he is alleged 
 to be, or does not sustain the character 
 given by the bill (6 Madd. 61; Rep. temp. 
 Pinch, 334), or that he is bankrupt, to re- 
 quire the assignees to be joined (Story, Eq. 
 PL § 732). These pleas to the person are 
 pleas in abatement, or, at least, in the na- 
 ture of pleas in abatement. 
 
 (3) Pleas to the bill or the frame of the 
 bill object to the suit as framed, or con- 
 tend that it is unnecessary. These may be 
 the pendency of another suit, which is 
 analogous to the same plea at law, and is 
 governed in most respects by the same 
 principles (Story, Eq. PL § 736; 2 Mylne & 
 C. 602; 1 Phil. Ch. 82; 1 Ves. Jr. 544; 4 
 Ves. Jr. 357; 1 Sim. &. S. 491; Mitf. Eq. 
 PL [Jeremy Ed.] 248; see "Lis Pendens"), 
 and the other suit must be in equity, and 
 not at law (Beames, Eq. PL 146-148) ; want 
 of proper parties, which goes to both dis- 
 covery and relief, where both are prayed 
 for (Story, Eq. PL § 745; see 3 Younge & 
 C. 447), but not to a bill of discovery 
 merely (2 Paige [N. Y.] 280; 3 Paige [N. 
 Y.] 222; 3 Cranch [U. S.] 220); a mul- 
 tiplicity of suits (1 P. Wms. 428; 2 Mason 
 [U. S.] 190) ; multifariousness, which 
 should be taken by way of demurrer, when 
 the joining or confession of the distinct 
 matters appears from the face of the bill, 
 as it usually does (Story, Eq. PL § 271). 
 
 (4) Pleas in bar rely upon a bar created 
 by statute, as, the statute of limitations (1 
 Sim. & S. 4; 2 Sim. 45; 3 Sumn. [U. S.] 
 152), which is a good plea in equity as well 
 as at law, and with similar exceptions 
 (Coop. Eq. PL 253; see "Statute of Limi- 
 tations"), the statute of frauds, where its 
 provisions apply (1 Johns. Ch. [N. Y., 
 425; 2 Johns. Ch. [N. Y.] 275; 4 Ves. 24, 
 720; 2 Brown, Ch. 559), or some other 
 
PLEA 
 
 772 
 
 PLEA 
 
 fublic or private statute (2 Story, Eq. Jur. 
 768) ; matter of record or as of record 
 in some court, as, a common recovery (1 
 P. Wms. 754; 2 Freem. Ch. 180; 1 Vern. 
 13); a judgment at law (1 Keen, 456; 2 
 Mylne & C. 602; Story, Eq. PL § 781, 
 note), the sentence or judgment of a for- 
 eign court or a court not of record (12 
 Clark & F. 368; 14 Sim. 265; 3 Hare, 100; 
 
 1 Younge & C. 464), especially where its 
 jurisdiction is of a peculiar or exclusive 
 nature (12 Ves. 307; Ambl. 756; 2 How. 
 [U. S.] 619), with limitations in case of 
 fraud (1 Ves. Jr. 284; Story, Eq. PL § 788), 
 or a decree of the same or another court 
 of equity (Cas. temp. Talb. 217; 7 Johns. 
 Ch. [N. Y.] 1; 2 Sim. & S. 464; 2 Younge 
 & C. 43) ; matters purely in pais, in which 
 case the pleas may go to discovery, relief, 
 or either, both, or part of either, of which 
 the principal (.though not the only) pleas 
 are, account, stated or settled (2 Atk. 1; 
 13 Price, 767; 7 Paige [N. Y,] 573; 1 Mylne 
 & K. 231), accord and satisfaction (1 Hale, 
 564), award (2 Ves. & B. 764), purchase 
 for valuable consideration (2 Sumn. [U. 
 S.] 507; 2 Younge & C. 457), release (3 P. 
 Wms. 315), lapse of time, analogous to the 
 statute of limitations (1 Ves. Jr. 264; 10 
 Ves. 466; 1 Younge & C. 482, 453; 2 Jac. 
 & W. 1; 1 Hare, 594; 1 Russ. & M. 453; 
 
 2 Younge & C. 58; 1 Johns. Ch. [N. Y.] 
 46; 10 Wheat. [U. S.] 152; 1 Schoales & L. 
 721; 6 Madd. 61; 3 Paige [N. Y.] 273; 5 
 Paige [N. Y.] 26; 7 Paige [N. Y.] 62), 
 title in the defendant (Story, Eq. PL 
 § 812). 
 
 At Law. The defendant's answer by 
 
 matter of fact to the plaintiff's declaration, 
 as distinguished from a demurrer, which is 
 an answer by matter of law. 
 
 It includes as well the denial of the 
 truth of the allegations on which the plain- 
 tiff relies, as the statement of facts on which 
 the defendant relies. In an ancient use, 
 it denoted action, and is still used 
 sometimes in that sense; as, "sum- 
 moned to answer in a plea of tres- 
 pass." Steph. PL 38, 39, note; War- 
 ren, Law Stud. 272, note (w) ; Oliver, Prec. 
 97. In a popular, and not legal, sense, the 
 word is used to denote a forensic argument. 
 It was strictly applicable in a kindred sense 
 when the pleadings were conducted orally 
 by the counsel. Steph. PL Append, note 1. 
 
 Pleas are either dilatory, which tend to' 
 defeat the particular action to which they 
 apply on account of its being brought be- 
 fore the wrong court, by or against the 
 wrong person or in an improper form, or 
 peremptory, which impugii the right of 
 action altogether, or which answer the 
 plaintiff's allegations of right conclusively. 
 Pleas are also said to be to the jurisdiction 
 of the court, in suspension of the action, 
 in abatement of the writ, in bar of the ac- 
 tion. The first three classes are dilatory, 
 the last peremptory. Steph. PL 63 ; 1 Chit. 
 PL 425; Lawes, PL 36. 
 
 Pleas are of various kinds, — ^in abate- 
 
 ment (see "Abatement") ; in avoidance, 
 called, also, "confession and avoidance,'' 
 which admits, in words or in effect, the 
 truth of the matters contained in the dec- 
 laration, and alleges some new matter to 
 avoid the effect of it, and show that the 
 plaintiff is, notwithstanding, not entitled to 
 his action (1 Chit. PL 540; Lawes, PL 122), 
 see "Confession and Avoidance"; in bar, 
 which deny that the plaintiff has any cause 
 of action (1 Chit. PL 407; Co. Litt. 303b). 
 The term is often used in a restricted sense 
 to denote what are with propriety called 
 "special pleas in bar." These pleas are 
 of two kinds, — ^the general issue, and spe- 
 cial pleas in bar. See "Special Plea in Bar." 
 The parts of a plea are: First, the title 
 of the court. Second, the title of the term. 
 Third, the names of the parties in the mar- 
 gin. These, however, do not constitute any 
 substantial part of the plea. The surnames 
 only are usually inserted, and that of the 
 defendant precedes the plaintiff's; as, "Roe 
 ads. Doe." Fourth, the commencement, 
 which includes the statement of the name 
 of the defendant, the appearance, the de- 
 fense (see "Defense"), the actio non (see 
 "Actio Non") . Fifth, the body, which may 
 contain the inducement, the protestation 
 (see "Protestation"), ground of defense, 
 quae est eadem, the traverse. Sixth, the 
 conclusion. 
 
 (1) Dilatory pleas go to destroy the par- 
 ticular action, but do not affect the right 
 of action in the plaintiff, and hence delay 
 the decision of the cause upon its merits. 
 Gould, PL c. ii. § 33. This class includes 
 pleas to the jurisdiction, to the disability 
 of the parties, and all pleas in abatement. 
 All dilatory pleas must be pleaded with the 
 greatest certainty, must contain a distinct, 
 clear, and positive averment of all material 
 facts, and must, in general, enable the 
 plaintiff to correct the deficiency or error 
 pleaded to. 1 Chit. PL 365. See "Abate- 
 ment;" "Jurisdiction." 
 
 (2) Pleas in discharge admit the demand 
 of the plaintiff, and show that it has been 
 discharged by some matter of fact. Such 
 are pleas of judgment, release, and the like. 
 
 (3) Pleas in excuse admit the demand 
 or complaint stated in the declaration, but 
 excuse the noncompliance with the plain- 
 tiff's claim, or the commission of the act 
 of which he complains, on account of the 
 defendant's having done all in his power to 
 satisfy the former, or not having been the 
 culpable author of the latter. A plea of 
 tender is an example of the former, and a 
 plea of son assault demesne an instance of 
 the latter. 
 
 (4) Foreign pleas go to the jurisdiction, 
 and their effect is to remove the action 
 from the county in which the venue is origi- 
 nally laid. Carth. 402. Previous to the 
 statute of Anne, an affidavit was required. 
 5 Mod. 335; Carth. 402; 1 Saund. PL 98, 
 note 1;' Viner, Abr. "Foreign Pleas;" 1 
 Chit. PL 382; Bac. Abr, "Abatement" (B). 
 
PLEA IN ABATEMENT 
 
 773 
 
 PLEADINGS 
 
 (5) Pleas of justification, -which assert 
 that the defendant has purposely done the 
 act of which the plaintiff complains, and in 
 the exercise of his legal rights. 8 Term R. 
 78; 3 Wils. 71. No person is bound to jus- 
 tify who is not prima facie a wrongdoer. 
 1 Leon. 301; 2 Leon. 83; Cowp. 478; 4 Pick. 
 (Mass.) 126; 18 Johns. (N. Y.) 443, 679; 
 1 Chit. PI. 486. 
 
 (6) Pleas puis darrein continuance, which 
 introduce new matter of defense, which has 
 arisen or come to the plaintiff's knowledge 
 since the last continuance. In most of the 
 states, the actual continuance of a cause 
 from one term to another, or from one par- 
 ticular day in term to another day in the 
 same term, is practically done away with, 
 and the prescribed times for pleading are 
 fixed without any reference to terms of 
 court. Still, this right of a defendant to 
 change his plea so as to avail himself of 
 facts rising during the course of the liti- 
 gation remains unimpaired; and though 
 there be no continuance, the plea is still 
 called a plea puis darrein continuance, 
 meaning, now, a plea upon facts arising 
 since the last stage of the suit. 
 
 In Criminal Law. The formal answer 
 
 of the defendant to the indictment. 
 
 Pleas are either general or special; the 
 general pleas being "guilty," "not guilty," 
 and "nollo contendere," and all other pleas 
 being special. Special pleas are either in 
 bar, being, if found true, a bar to further 
 prosecution, or in abatement, those which 
 go merely to abate or suspend the proceed- 
 ing. See "Pleading." 
 
 PLEA IN ABATEMENT. See "Plea." 
 
 PLEA IN BAR. See "Plea." 
 
 PLEA OF LIBERUIVl TENEMENTUM. 
 A plea that at the time of the alleged 
 trespass the plaintiffs were in the lawful 
 possession of the premises as tenants of 
 the defendant. 115 111. 180. 
 
 PLEA OF SET-OFF. A plea of set-off is 
 in the nature of a cross-action, and the 
 same principles apply as in the case of an 
 original suit on the claim pleaded as a set- 
 off. 88 111. App. 30. See Set-off. 
 
 PLEA SIDE. The plea side of a court is 
 that branch or department of the court 
 which entertains or takes cognizance of 
 civil actions and suits, as distinguished 
 from its criminal or crown department. 
 Thus, the court of queen's bench is said to 
 have a plea side and a crown or criminal 
 side; the one branch or department of it 
 being devoted to the cognizance of civil ac- 
 tions, the other to criminal proceedings and 
 matters peculiarly concerning the crown. 
 So the court of exchequer is said to have 
 a plea side and a crown side; the one being 
 appropriated to civil actions, the other to 
 matters of revenue. Brown. 
 
 PLEAD ISSUABLY. To plead in such 
 manner as to make an issue of law and fact. 
 
 PLEAD OVER. To interpose a general 
 plea after a special plea or demurrer has 
 been disposed of. 
 
 PLEADER (Law Fr. pleador, pledor; old 
 Fr. pleideoir; Law Lat. placitans advoca- 
 tus). A person professionally employed to 
 manage another's cause for him, particu- 
 larly to plead orally, or argue for him in 
 court. 'The use of professional pleaders 
 or advocates may be traced, among some of 
 the continental nations, to a period ex- 
 tremely remote. Steph. PL Append, note 
 (8). In the assizes of Jerusalem, the term 
 "pleader" (pledeoir), is used as nearly 
 synonymous with "counsel" (conseill). 
 
 PLEADING. 
 
 — —In Chancery Practice'. Consists in 
 making the formal written allegations or 
 statements of the respective parties on the 
 record to maintain the suit, or to defeat it, 
 of which, when contested in matters of fact, 
 they propose to offer proofs, and in matters 
 of law to offer arguments to the court. 
 Story, Eq. PI. § 4, note. The substantial 
 object of pleading is the same, but the 
 forms and rules of pleading are very differ- 
 ent, at law and in equity. 
 
 In Civil Practice. The stating in a 
 
 logical and legal form the facts which con- 
 stitute the plaintiff's cause of action or the 
 defendant's ground of defense. It is the 
 formal mode of alleging that on the record 
 which constitutes the support or the defense 
 of the party in evidence. 3 Term R. 159; 
 Doug. 278; Comyn, Dig. "Pleader" (A); 
 Bac. Abr. "Pleas and Pleading;" Comp. 
 682. Pleading is used to denote the act of 
 making the pleadings. 
 
 In Criminal Practice. The rules of 
 
 pleading are the same as in civil practice. 
 There is, however, less liberty of amend- 
 ment of the indictment. The order of the 
 defendant's pleading is as follows: First, 
 to the jurisdiction; second, in abatement; 
 third, special pleas in bar, as former jeop- 
 ardy or pardon; fourth, the general issue. 
 See, generally, Lawes, Chitty, Stephen, 
 and Gould on Pleading; 3 Bl. Comm. 301 
 et seq., and notes; Co. Litt. 303; Comyn, 
 Dig. "Pleader;" Bac. Abr. "Plea and Plead- 
 ing." 
 
 PLEADING, SPECIAL. By special plead- 
 ing is meant the allegation of special or 
 new matter, as distinguished from a direct 
 denial of matter previously alleged on the 
 opposite side. Gould, PI. c. 1, § 18. Seo 
 "Special Pleading." 
 
 PLEADINGS. 
 
 In Chancery Practice. The written 
 
 allegations of the respective parties in the 
 suit. The pleadings in equity are less for- 
 mal than those at common law. 
 
 The parts of the . pleadings are (1) the 
 bill, which contains the plaintiflf's statement 
 of his case, or information, where the suit 
 IS brought by a public officer in behalf of 
 the sovereign; (2) the demurrer, by which 
 
PLEAS OF THE CROWN 
 
 774 
 
 PLEDGE, or PAWN 
 
 the defendant demands judgment of the 
 court, whether he shall be compelled to an- 
 swer the bill or not; (3) the plea, whereby 
 he shows some cause why the suit should 
 be dismissed or barred; (4) the answer, 
 which, controverting the case stated by the 
 bill, confesses and avoids it, or traverses 
 and denies the material allegations in the 
 bill, or, admitting the case made by the 
 bill, submits to the judgment of the court 
 upon it, or relies upon a new case, or upon 
 new matter stated in the answer, or upon 
 both; (5) disclaimer, which seeks at once 
 a termination of the suit by the defendants, 
 disclaiming all right and interest in the 
 matter sought by the bill. Story, Eq. PI. 
 § 546; Mitf. Eq. PI. (Jeremy Ed.) 13, 106; 
 Cooper, Eq. PI. 108; 2 Story (U. S.) 59. 
 
 ■ In Common-Law Civil Practice. The 
 statements of the parties, in legal and prop- 
 er manner, of the causes of action and 
 grounds of defense. The result of plead- 
 ing. They were formerly made by the 
 parties or their counsel, orally, in open 
 court, under the control of the judge. They 
 were then called the "parole." 3 Bl. Comm. 
 293; 2 Reeve, Hist. Eng. Law, 267. 
 
 The regular parts are (1) the declara- 
 tion or count; (2) the plea, which is either 
 to the jurisdiction of the court, or suspend- 
 ing the action, as in the case of a parol de- 
 murrer, or in abatement, or in bar of the 
 action, or in replevin, an avowry or cog- 
 nizance; (3) the replication, and, in case 
 of an evasive plea, a new assignment, or, 
 in replevin, the plea in bar to the avowry 
 or cognizance; (4) the rejoinder, or, in re- 
 plevin the replication to the plea in bar; 
 (5) the sur-rejoinder, being in replevin the 
 rejoinder; (6) the rebutter; (7) the sur- 
 rebutter (Viner, Abr. "Pleas and Plead- 
 ing" [C] ; Bac. Abr. "Pleas and Pleadings" 
 [A]); (8) pleas puis darrein continuance, 
 when the matter of defense arises pend- 
 ing the suit. 
 
 The irregular or collateral parts of plead- 
 ing are stated to be (1) demurrers to any 
 part of the pleadings above mentioned; (2) 
 demurrers to evidence given at trials; (3) 
 bills of exceptions; (4) pleas in scire 
 facias; (5) and please in error. Viner, Abr. 
 "Pleas and Pleadings" (C); Bouv. Inst. 
 Index. 
 
 In Civil Practice under the Codes. 
 
 The pleadings are (1) the complaint, (2) 
 the answer, (3) the reply, and (4) the de- 
 murrer, which lies to either complaint, an- 
 swer or reply. 
 
 In Criminal Practice. The pleadings 
 
 are (1) the indictment; (2) the plea, either 
 special or general. 
 
 PLEAS OF THE CROWIM. In English 
 law. A phrase now employed to signify 
 criminal causes in which the king is a 
 party. Formerly it signified royal causes 
 for offenses of a greater magnitude than 
 mere misdemeanors. 
 
 These were left to be tried in the courts 
 of the barons; whereas tbe greater offenses. 
 
 or royal causes, were to be tried in the 
 king's courts, under the appellation of 
 "pleas of the crown." 1 Robertson, Hist. 
 Charles V. 48. 
 
 PLEAS ROLL. In English practice. A 
 record which contains the declaration, plea, 
 replication, rejoinder, and other pleadings, 
 and the issue. Eunom. Dial. 2, § 29, p. 111. 
 
 PLEBEIAN. One who is classed among 
 the common people, as distinguished from 
 the nobles. 
 
 PLEBEYOS. In Spanish law. Commons; 
 those who exercise any trade, or who culti- 
 vate the soil. White, New Recop. bk. 1, tit. 
 5, c. 3, § 6, and note. 
 
 PLEBISCITE. A submission to the popu- 
 lar vote of a law or governmental policy. 
 
 PLEBISCITUM (Lat.) In Roman law. A 
 law established by the people (plebs), on 
 the proposal of a popular magistrate, as a 
 tribune. Vicat; Calv. Lex.; Mackeld. Civ. 
 Law, §§ 27, 37. 
 
 PLEBITY. The plebeians. 
 
 PLEBS (Lat.) In the Roman law. The 
 commonalty, or citizens, exclusive of the 
 patricians and senators. Plebis appellatione, 
 sine patriciis et senatoribus, caeteri Mves 
 significantur. Inst. 1. 2. 4; Dig. 50. 16. 
 238, pr. 
 
 PLEDABLE (Law Fr.) That may be 
 brought or conducted, as an action, or 
 "plea," as it was formerly called. Britt. 
 e. 32. 
 
 PLEDGE, or PAWN. A bailment of pei^ 
 sonal property as security for some debt or 
 engagement. 41 N. Y. 241. 
 
 A deposit of personal property as secur- 
 ity, with an implied power of sale in case 
 of default. Jones, PI. § 1. 
 
 A pledge or pawn (Lat. pignus), accord- 
 ing to Story, is a bailment of personal 
 property as security for some debt or en- 
 gagement. Story, Bailm. § 286, which see 
 for the less comprehensive definitions of 
 Sir Wm. Jones, Lord JHolt, Pothier, etc. 
 Domat broadly defines it . as an appropria- 
 tion of the thing given for the security of 
 an engagement. But the term is commonly 
 used as Sir Wm. Jones defines it, to wit, 
 as a bailment of goods by a debtor to his 
 creditor, to be kept till the debt is dis- 
 charged. Jones, Bailm. 117; 2 Ld. Raym. 
 909; Poth. de Naut. art. prelim. 1; Civ. 
 Code, art. 2071; Domat, bk. 3, tit. 1, § 1, 
 note 1; Civ. Code La. art. 3100; 6 Ired. 
 (N. C.) 309. The pledgee secures his debt 
 by the bailment, and the pledgor obtams 
 credit or other advantage. See 1 Pars, 
 Cont. 591 et seq. 
 
 Pledge and pawn. At common law, the 
 terms were synonymous, but in modern 
 usage "pawn" generally indicates the pledg- 
 ing of goods with a pawnbroker (q.v.) 
 
PLEDGEE 
 
 775 
 
 PLENE ADMINISTRAVIT 
 
 Pledge and mortgage. A pledge is dis- 
 tinguished from a chattel mortgage in that 
 it depends for its validity on possession of 
 the subject matter. 
 
 Pledge and hypothecation. Hypothecation 
 (q. V.) is a special form of pledge wherein 
 the possession remains in the debtor. 
 
 •^^In Louisiana. There are two kinds of 
 ■ pledges, — the pawn and the antichresis. The 
 former relates to movable securities, and 
 the latter to immovables. If a creditor 
 have not a right to enter on the land and 
 reap the fruits, the security is not an anti- 
 chresis. 3 La. 157. A pledge of negotiable 
 paper is not valid against third parties 
 without transfer from debtor to creditor. 
 2 La. 387. See, in general, 13 Pet. (U. S.) 
 351; 5 Mart. (La.; N. S.) 618; 18 La. 543; 
 1 La. Ann. 340; 2 La. Ann. 872. 
 
 PLEDGEE. One to whom a thing is 
 pledged. 
 
 PLEDGERY. Suretyship. 
 
 PLEDGES. In pleading. Those persons 
 who became sureties for the plaintiff's 
 prosecution of the suit. Their names were 
 anciently appended at the foot of the dec- 
 laration. In time it became purely a for- 
 mal matter, because the plaintiff was no 
 longer liable to be amerced for a false 
 claim, and the fictitious persons John Doe 
 and Richard Roe became the universal 
 pledges, or they might be omitted alto- 
 gether (1 Tidd, Prac. 455; Archb. Civ. PI. 
 171), or inserted at any time before judg- 
 ment (4 Johns. [N. Y.] 90), and are now 
 omitted. 
 
 PLEDGES TO RESTORE. In England, 
 before the plaintiff in foreign attachment 
 can issue execution against the property 
 in the hands of the garnishee, he must find 
 "pledges to restore," consisting of two 
 householders, who enter into a recognizance 
 for the restoration of the property, as a 
 security for the protection of the defend- 
 ant; for, as the plaintiff's debt is not proved 
 in any stage of the proceedings, the court 
 guards the rights of the absent defendant 
 by taking security on his behalf, so that, if 
 he should afterwards disprove the plain- 
 tiff's claim, he may obtain restitution of 
 the property attached. Brand, For. 
 Attachm. 93. 
 
 PLEDGOR. The party who makes a 
 pledge. 
 
 PLEE (Law Fr.) In old English law. An 
 action or suit; a "plea" in the ancient 
 sense of the word. Parsonels plees pleda- 
 bles par attachments, personal actions 
 which may be prosecuted by attachments. 
 Britt. c. 32. En plees realx, et auxi en 
 plees personals, in real actions, and also 
 in personal actions. Litt. § 464. 
 
 A plea, in the modern sense. Plee en 
 harre, a plea in bar. Litt. § 492. 
 
 PLEGIABILIS (Law Lat.) In old English 
 law. That may be pledged; the subject of 
 pledge or security. Fleta, lib. 1, c. 20, § 98. 
 
 PLEGII DE PROSEQUENDO. Pledges to 
 prosecute with effect an action of replevin. 
 
 PLEGII DE RETORNO HABENDO. 
 
 Pledges to return the subject of distress, 
 party bringing the action of replevin. 3 
 should the right be determined against the 
 Steph. Comm. (7th Ed.) 422, note. 
 
 PLEGIIS ACQUIETANDIS, WRIT DE. 
 
 The name of an ancient writ in the Eng- 
 lish law, which lies where a man becomes 
 pledge or surety for another to pay a cer- 
 tain sum of money at a certain day. After 
 the day, if the debtor does not pay the debt, 
 and the surety be compelled to pay, he s^all 
 have this writ to compel the debtor to pay 
 the same. Fitzh. Nat. Brev. 321. 
 
 PLENA AETAS. Of full age. 
 
 PLENA ET CELERIS JUSTITIA FIAT 
 partibus. Let full and speedy justice be 
 done to the parties. 4 Inst. 67. 
 
 PLENA FORISFACTURA. A forfeiture 
 of all that one possesses. 
 
 PLENA PROBATIO. In civil law. A term 
 used to signify full proof, in contradistinc- 
 tion to semi-plena probatio, which is only 
 a presumption. Code, 4. 19. 5. et seq.; 1 
 Greenl. Ev. § 119. ^ ' 
 
 PLENARTY. In ecclesiastical law. Signi- 
 fies that a benefice is full. See "Avoidance." 
 
 PLENARY. Full; complete. 
 
 In the courts of admiralty, and in the 
 English ecclesiastical courts, causes or 
 suits in respect of the different course of 
 proceedings in each are termed "plenary" 
 or "summary." Plenary, or full and formal, 
 suits are those in which the proceedings 
 must be full and formal; the term "sum- 
 mary" is applied to those causes where 
 the proceedings are more succinct and less 
 formal. 2 Chit. Prac. 481. 
 
 V PLENE ADIVIINISTRAVIT (Lat. he has 
 fully administered). In pleading. A plea 
 in bar entered by an executor or adminis- 
 trator, by which he affirms that he had not 
 in his possession at the time of the com- 
 mencement of the suit, nor has had at any 
 time since, any goods of the deceased to 
 be administered. When the plaintiff re- 
 plies that the defendant had goods, etc 
 in his possession at that time, and the par- 
 ties join issue, the burden of the proof 
 will be on the plaintiff. See 15 Johns. (N 
 Y.) 323; 6 Term R. 10; 1 Barn. & Aid. 254; 
 
 ^uY'l^'^'o^^''-.^^' 12 Viner, Abr. 185; 2 
 Phil. Ev. 295; 6 Comyn, Dig. 311. 
 
 PLENE ADMINISTRAVIT PRAETER 
 
 (Lat. he has fully administered except). In 
 pleading. A plea by which a defendant 
 executor or administrator admits that there 
 
PLENE COMPUTAVIT 
 
 776 
 
 PLUS PETITIO 
 
 is a balance remaining in his hands nnad- 
 minis tared. 
 
 PLENE COMPUTAVIT (Lat. he has fully 
 accounted). In pleading. A plea in an ac- 
 tion of account render, by which the de- 
 fendant avers that he has fully accounted. 
 Bac. Abr. "Accompt" (E). This plea does 
 not admit the liability of the defendant to 
 account. 15 Serg. & E. (Pa.) 153. 
 
 PLENIPOTENTIARY. Possessing full 
 powers; as, a minister plenipotentiary is 
 one authorized fully to settle the matters 
 connected with his mission, subject, how- 
 ever, to the ratification of the government 
 by which he is authorized. 
 
 PLENUM DOMINIUM (Lat.) The unlim- 
 ited right which the owner has to use his 
 property as he deems proper, without ac- 
 countability to any one. 
 
 PLEYNTYFE (L. Fr. from pleyndre, to 
 complain). In old English law. Plaintiff; 
 a complaining party. 
 
 PLEYTO. In Spanish law. The plead- 
 ings in a cause. White, New Recop. bk. 3, 
 tit. 7. 
 
 PLIGHT. An old English word, used 
 sometimes for the estate with the habit and 
 quality of the land. Co. Litt. 221. It ex- 
 tends to a rent charge, and to a possibility 
 of dower. Id.; 1 Rolle, Abr. 447; Litt. 
 § 289. 
 
 PL'IT'M. A contraction of placitum. Pl'ito, 
 of pladto. 1 Inst. CI. 11. 
 
 PLOUGH BOTE. An allowance made to a 
 rural tenant of wood sufiBcient for ploughs, 
 harrows, carts, and other instruments of 
 husbandry. 
 
 PLOUGH LAND. In old English law. An 
 uncertain quantity of land. According to 
 some opinions, it contains one hundred and 
 twenty acres. Co. Litt. 69a. 
 
 PLOUGH SILVER. Money paid by ten- 
 ants in composition of a duty to plough. 
 
 PLUMBATURA (Lat. from plumbum, 
 lead). In the civil law. Soldering. Dig. 
 6. 1. 23. 5. 
 
 PLUMBUM (Lat.) In the civil law. Lead. 
 Dig. 50. 16. 242. 2. 
 
 PLUNDER. The capture of personal prop- 
 erty on land by a public enemy, with a view 
 of making it his own. The property so 
 captured is called "plunder." 
 
 The taking by open force, as by pirates. 
 
 It has been used in the sense of aggra- 
 vated and open larceny. 8 Fed. 232. 
 
 PLUNDERAGE. In maritime law. The 
 embezzlement of goods on board of a ship 
 is known by the name of "plunderage." 
 
 The rule of the maritime law in such 
 cases is that the whole crew shall be re- 
 sponsible for the property thus embezzled, 
 
 because there must be some negligence in 
 finding out the depredator. Abb. Shipp, 
 457; 3 Johns. (N. Y.) 17; 1 Pet. Adm. (U. 
 S.) 200, 239, 243; 4 Bos. & P. 347. 
 
 PLURAL. Words Implying the plural 
 may be construed to include the singular: 
 the greater includes the less. 1 Iowa, 282; 
 60 Mich. 462; 54 Mich. 245. 
 
 PLURALIS NUMERUS EST DUOBUS 
 contentus. The plural number is contained 
 in two. 1 Rolle, 476. 
 
 PLURALITER. In the plural; plurally. 
 
 PLURALITY. The greatest number of 
 votes given for any one person. 
 
 Plurality has the meaning, as used in 
 governmental law, given above. Thus, if 
 there are three candidates, for whom four 
 hundred, three hundred and fifty, and two 
 hundred and fifty Votes are respectively 
 given, the one receiving four hundred has 
 a plurality, while five hundred and one 
 would be a majority of the votes cast. 
 
 PLURES COHAEREDES SUNT QUASI 
 unum corpus, propter unitatem Juris quod^ 
 habent. Several coheirs are as one body, by 
 reason of the unity of right which they 
 possess. Co. Litt. 163. 
 
 PLURES PARTICIPES SUNT QUASI 
 unum corpus. In eo quod unum Jus habent. 
 Several part owners are as one body, by 
 reason of the unity of their rights. Co. 
 Litt. 164. 
 
 PLURIES (Lat. many times). A writ is- 
 sued subsequently to a first and second 
 {alias) of the same kind, which have proved 
 ineffectual. The name is given to it from 
 the word pluries in the Latin form of the 
 writ: "We command you, as we have often 
 (pluries) commanded you before," which 
 distinguishes it from those which have gone 
 before. Pluries is variously translated, in 
 the modern forms of writs, by "formerly," 
 "more than once," "often." The next writ 
 to the pluries is called the second pluries," 
 and so on. 3 Bl. Comm. 283, Append. 15; 
 Nat. Brev. 33. 
 
 PLURIS PETITIO (Lat.) In Scotch prac- 
 tice. An excessive demand. 
 
 PLUS EXEMPLA QUAM PECCATA NO- 
 cent. Examples hurt more than offenses. 
 
 PLUS PECCAT AUCTOR QUAM AC- 
 tor. The instigator of a crime is worse 
 than he who perpetrates it. 5 Coke, 99. 
 
 PLUS PETITIO. In Roman law. A phrase 
 denoting the offense of claiming more than 
 was jus^ in one's pleadings. This "more" 
 might be claimed in four different respects, 
 viz.: (1) Re, i. e., in amount (e. fl'., £50 
 for £5) ; (2) loco, i. e., in place (e. g., de- 
 livery at some place more difficult to effect 
 than the place specified) ; (3) tempore, i. e., 
 in time (e. g., claiming payment on the 1st 
 
PLUS VALET CONSUETUDO 
 
 777 
 
 POINT RESERVED 
 
 of August of what is not due till the 1st 
 of September) ; and (4) causa, i. e., in 
 quality (e. g., claiming a dozen of cham- 
 pagne, when the contract was only for a 
 dozen of wine generally). Prior to Jus- 
 tinian's time, this offense was in general 
 fatal to the action; but, under the legisla- 
 tion of the emperors Zeno and Justinian, 
 the offense (if re, loco, or causa) exposed 
 the party to the payment of three times 
 the damage, if any, sustained by the other 
 side, and (if tempore) obliged him to post- 
 pone his action for double the time, and 
 to pay the costs of his first action before 
 commencing a second. Brown. 
 
 PLUS VALET CONSUETUDO QUAM 
 concessio. Custom is more powerful than 
 grant. 
 
 PLUS VALET UNUS OCULATUS TES- 
 
 tis, quam auriti decern. One eye witness is 
 better than ten ear ones. 4 Inst. 279. 
 
 PLUS VIDENT OCULI QUAM OCULUS. 
 Eyes see more than one eye. 4 Inst. 160. 
 
 PO. LO. SUO. An old abbrevation for the 
 words "ponit loco sua," put in his place, 
 used in warrants of attorney. Towns. PL 
 .431. 
 
 PbACHING. Unlawful taking of game 
 from the land of another. Unlawfully en- 
 tering land, in nighttime, armed, with in- 
 tent to destroy game. 1 Russ. Crimes, 469 ; 
 2 Steph. Comm. 82; 2 Chit. St. 221-245. 
 
 POBLADOR. In Spanish law. A coloniz- 
 er; he who peoples; the founder of a colony. 
 
 POCKET JUDGMENT. A statute mer- 
 chant which was enforceable at any time 
 after nonpayment on the day assigned, 
 without further proceedings. Wharton. 
 
 POCKET SHERIFF. In English law. A 
 sheriff appointed by sole authority of the 
 crown, not being one of the three nomi- 
 nated by the judges in the exchequer. 1 
 Bl. Comm. 342*. 
 
 POENA AD PAUCOS, METUS AD OM- 
 
 nes perveniat. If punishment be Inflicted on 
 a few, a dread comes to all. 
 
 POENA CORPORALIS. Corporal punish- 
 ment. 
 
 POENA EX DELICTO DEFUNCTI, HAE- 
 
 res teneri non debet. The heir ought not to 
 be bound in a penalty inflicted for the crime 
 of the ancestor. 2 Inst. 198. 
 
 POENA NON POTEST, CULPA PEREN- 
 nis erit. Punishment cannot be, crime will 
 be, perpetual. 21 yiner, Abr. 271. 
 
 POENA PILLORALIS. In old English 
 law. Punishment of the pillory. Fleta, 
 lib. 1, c. 38, § 11. 
 
 POENAE POTIUS MOLLIENDAE QUAM 
 exasperandae sunt. Punishments should 
 
 rather be softened than aggravated. 3 Inst. 
 220. 
 
 POENAE SINT RESTRINGENDAE. Pun- 
 ishments should be restrained. Jenk. Cent. 
 Cas. 29. 
 
 POENAE SUOS TENERE DEBET ACTO- 
 res et non alios. Punishment ought to be 
 inflicted upon the guilty, and not upon 
 others. Bracton, 380b; Plata, lib. 1, c. 38, 
 § 12; Id. lib. 4, c. 17, § 17. 
 
 POENALIS (Lat. from poena). In the 
 civil law. Penal; imposing a penalty; 
 claiming or enforcing a penalty. Aetiones 
 poenales, actions for penalties; penal ac- 
 tions. Inst. 4. 6. 12. 
 
 POENITENTIA (Lat. from poenitere, to 
 repent). In the civil law. Repentance; a 
 change of mind or purpose; the rescinding 
 of a contract. 
 
 POER, Poeir, Poair. L. Fr. Power; au- 
 thority. 
 
 POET, Poit, Puit, Pout. L. Fr. May; 
 can. 
 
 POINDING. In Scotch law. That dili- 
 gence (g. V.) affecting movable subjects by 
 which their property is carried directly to 
 the creditor. Poinding is real or personal. 
 Ersk. Inst. 3. 6. 11. 
 
 Personal. Poinding of the goods be- 
 longing to the debtor, and of those goods 
 only. 
 
 It may have for its warrant either let- 
 ters of horning, containing a clause for 
 poinding, and then it is executed by mes- 
 sengers; or precepts of poinding, granted 
 by sheriffs, commissaries, etc., which are 
 executed by their proper officers. No cattle 
 pertaining to the plough, nor instrument 
 of tillage, can be poinded in the time of 
 laboring or tilling the ground, unless where 
 the debtor has no other goods they may be 
 poinded. Ersk. Inst. 3. 6. 11. This process 
 is somewhat similar to distress. 
 
 Real. Poinding of the ground. Though 
 it be properly a diligence, this is generally 
 considered by lawyers as a species of real 
 action, and is so called to distinguish it 
 from personal poinding, which is founded 
 merely on an obligation to pay. 
 
 Every debitum fundi, whether legal or 
 conventional, is a foundation for this action. 
 It is therefore competent to all creditors in 
 debts which make a real burden on lands. 
 As it proceeds on a real right, it may be 
 directed against all goods that can be found 
 on the lands burdened; but goods brought 
 upon the ground by strangers are not sub- 
 ject to this diligence. Even the goods of 
 a tenant cannot be poinded for more than 
 his term's rent. Ersk. Inst. 4. 1. 3. 
 
 POINT. A single distinct proposition or 
 principle of law. 
 
 POINT RESERVED. A point or question 
 of law which the court, not being fully 
 
POISON 
 
 778 
 
 POLITICAL 
 
 satisfied how to decide, in the hurried trial 
 of a cause, rules in favor of the party 
 offering it, but subject to revision on a mo- 
 tion for a new trial. If, after argument, 
 it be found to have been ruled correctly, 
 the verdict is supported; if otherwise, it 
 is set aside. 
 
 POISON. In medical jurisprudence. A 
 substance having an inherent deleterious 
 property which renders it, when taken into 
 the system, capable of destroying life. 
 Whart. & S. Med. Jur. § 493; Tayl. Poisons 
 (2d Am. Ed.) 18. 
 
 POLE. A measure of length, equal to five 
 yards and a half. 
 
 POLICE. That species of superintend- 
 ence by magistrates which has principally 
 for its object the maintenance of public 
 tranquillity among the citizens. The officers 
 who are appointed for this purpose are also 
 called the police. 
 
 "Police is in general a system of precau- 
 tion either for the prevention of crime or of 
 calamities." Bentham. 
 
 The due regulation and domestic order 
 of the kingdom, whereby the individuals of 
 the state, like members of a well-governed 
 family, are bound to conform their general 
 behavior to the rules of propriety. 4 Bl. 
 Comm. 162. 
 
 The word "police" has three significa- 
 tions. The first relates to the measures 
 which are adopted to keep order, the laws 
 and ordinances on cleanliness, health, the 
 markets, etc. The second has for its ob- 
 ject to procure to the authorities the means 
 of detecting even the smallest attempts to 
 commit crime, in order that the guilty may 
 be arrested before their plans are carried 
 into execution, and delivered over to the 
 justice of the country. The third compre- 
 hends the laws, ordinances, and other mea- 
 sures which require the citizens to exercise 
 their rights in a particular form._ 
 
 Police has also been divided into "ad- 
 ministrative police," which has for its ob- 
 ject to maintain constantly public order in 
 every part of the general administration; 
 and "judiciary police," which is intended 
 principally to prevent crimes by punishing 
 the criminals. Its object is to punish 
 crimes which the administrative police has 
 not been able to prevent. 
 
 POLICE JURY. In Louisiana. A name 
 given to certain officers who collectively ex- 
 ercise jurisdiction in certain cases of po- 
 lice; as, levying taxes, regulating roads, 
 etc. 
 
 POLICE JUSTICE. A magistrate having 
 criminal jurisdiction of minor offenses sim- 
 ilar to that of a justice of the peace, but 
 charged exclusively with the duties inci- 
 dent to the common-law office of the con- 
 servator of the peace. The prefix "police" 
 serves merely to distinguish them from 
 justices having also civil jurisdiction. 68 
 N. Y. 530. Usually a city officer. 
 
 POLICE POWER. The general power of 
 government in the administration of its 
 police (g. v.), to preserve and promote the 
 welfare of the public, even at the expense 
 of infringing the private rights of indi- 
 viduals. Cooley, Const. Lim. 704. 
 
 It is an exception to the right of the 
 citizen to conduct himself and use his prop- 
 erty in such manner as he may see fit. 
 
 "It involves a provision and means of 
 enforcing the legal maxim "which underlies 
 all law, — sic utere tuo ut alienum non 
 laedas. The power of the government to 
 impose this restraint is called 'police pow- 
 er'." Tiedeman, Lim. Police Power, § 1. 
 
 "The police power of a state extends to 
 the protection of the lives, limbs, health, 
 comfort, and quiet of all persons^ and to 
 the protection of all property within the 
 state, and hence to the making of all regu- 
 lations promotive of domestic order, morals, 
 health, and safety." 95 U. S. 465. 
 
 POLICY. In insurance. The Instrument 
 whereby insurance is made by an under- 
 writer in favor of an assured, expressed, 
 implied, or intended, against some risk, 
 peril, or contingency in reference to some 
 subject. It is usually either marine, or 
 against fire, or on a life. 
 
 (1) An interest policy is one where the 
 insured has a real, substantial, assignable 
 interest in the thing insured. 
 
 (2) An open policy is one on which the 
 value is to be proved by the assured. 1 
 Phil. Ins. §§ 4, 6, 7, 27, 439, 948, 1178. By 
 an "open policy" is also sometimes meant, 
 in the United States, one in which an aggre- 
 gate amount is expressed in the body of 
 the policy, and the specific amounts and 
 subjects are to be indorsed from time to 
 time. 12 La. Ann. 259; 19 N. Y. 305; 6 
 Gray (Mass.) 214. 
 
 (3) A valued policy is one where a 
 value has been set on the ship or goods 
 insured, and this value inserted in the 
 policy in the nature of liquidated damages. 
 In such a policy, the value of the subject 
 is expressly agreed, or is, as between the 
 parties, the amount insured. 
 
 (4) A wager policy is a pretended in- 
 surance, founded on an ideal risk, where 
 the insured has no interest in the thing 
 insured, and can therefore sustain no loss 
 by the happening of any of the misfortunes 
 insured against. These policies are strongly 
 reprobated. 3 Kent, Comm. 225. 
 
 POLICY OF THE LAW. Public policy 
 (q. V.) 
 
 POLITIAE LEGIBUS NON LEGES POLI- 
 tiis adaptandae. Politics are to be adapted 
 to the laws, and not the laws to politics. 
 Hob. 154. , 
 
 POLITICAL. Pertaining to policy, or the 
 administration of the government. 90 111. 
 563, Political rights are those which may 
 be exercised in the formation or adminis- 
 tration of the. government; "rights" being 
 
POLITICAL ARITHMETIC 
 
 779 
 
 PONDERANTUR TESTES 
 
 synonymous with "power." 90 111. 563. 
 They are distinguished from civil rights, 
 which are the rights which a man enjoys 
 as regards other individuals, and not in 
 relation to the government. A political cor- 
 poration is one which has principally for 
 its object the administration of the govern- 
 ment^ or to which the powers of govern- 
 ment, or a part of such powers, have been 
 delegated. 1 Bouv. Inst, notes 182, 197, 
 198. 
 
 POLITICAL ARITHMETIC. An expres- 
 sion sometimes used to signify the art of 
 making calculations on matters relating to 
 a nation; the revenues, the value of land 
 and effects ; the produce of lands and manu- 
 factures; the population, and the general 
 statistics of a country. Wharton. 
 
 POLITICAL OFFENSES. A class of of- 
 fenses excluded from many extradition 
 treaties, and including, generally, crimes 
 against the government as such, and crimes 
 incident to political uprisings. Treason, se- 
 dition, lese majestae, etc., are examples. 
 Spear, Extradition, 48. 
 
 The nature of political offenses is open 
 to treaty definition, and in some treaties 
 it has been defined to exclude the assassina- 
 tion of the ruler. 
 
 POLITICAL OFFICES. Such as are not 
 immediately connected with the adminis- 
 tration of justice, or with the execution of 
 the orders of a superior, as the president 
 or the head of a department. 13 Wall. (U. 
 S.) 568, 575. 
 
 POLITICAL OR CIVIL LIBERTY. Natu- 
 ral liberty, so far restrained by human laws 
 as is necessary and expedient for the gen- 
 eral advantage of the public. 1 Bl. Comm. 
 125. 
 
 POLITICAL QUESTIONS. Questions In- 
 volving executive policy, and within the 
 power of the executive to determine, such 
 as the recognition of a particular govern- 
 ment in a foreign state. Such questions 
 will not be decided by the courts. See 7 
 How. (U. S.) 39. 
 
 POLITICAL RIGHTS. Rights which may 
 be exercised in the formation or adminis- 
 tration of the government, the word 
 "rights," as so used, being synonymous 
 with "power." 90 111. 563. 
 
 A political right is a right _ exercisable 
 in the establishment or administration of 
 government, while a civil right is a right 
 accorded to every member of a distinct 
 community or nation with reference to 
 property, family or marriage, and the like. 
 Political rights consist in the power to 
 participate, directly or indirectly, in the 
 establishment or management of govern- 
 ment. 203 111. 104; 151 111. 41; 122 N. E. 
 344. See Civil Rights; Political. 
 
 POLITICS. The science and art of gov- 
 ernment; the science dealing with the or- 
 
 ganization, regulation and administration of 
 a state in both its internal and external af- 
 fairs. 264 111. 313. 
 
 POLL. A head. Hence poll tax is the 
 name of a tax imposed upon the people at 
 so much a head. 
 
 To poll a jury is to require that each 
 juror shall himself declare what is his ver- 
 dict. This may be done, at the instance of 
 either party, at any time before the verdict 
 is recorded, according to the practice in some 
 states. See 3 Cow. (N. Y.) 23; 18 Johns. 
 (N. Y.) 188; 1 111. 109; 7 111. 342; 9 111. 
 336. In some states it lies in the discretion 
 of the judge. 1 McCord (S. C.) 24, 525; 
 22 Ga. 431. 
 
 In Conveyancing. A deed poll, or 
 
 single deed, is one made by a single party, 
 whose edges are polled, or shaved even, in 
 distinction from an "indenture," whose sides 
 are indented, and which is executed by more 
 than one party. 2 Bl. Comm. 296. See 
 "Deed Poll." 
 
 POLLICITATION. In civil law. A prom- 
 ise not yet accepted by the person to whom 
 it is made. It differs from a contract, inas- 
 much as the latter includes a concurrence of 
 intention in two parties, one of whom prom- 
 ises something to the other, who accepts, 
 on his part, of such promise. Grotius de 
 Jure Belli, lib. 2, c. 2; Poth. Obi. pt. 1, c. 
 1, sec. 1, art. 1, i 2. 
 
 POLLS. The place where electors cast in 
 their votes. 
 
 POLYANDRY. The state of a woman who 
 has several husbands. Polyandry is legal- 
 ized only in Thibet. 
 
 POLYGAMIA EST PLURIUM SIMUL Vl- 
 rorum uxorumve connubium. Polygamy is 
 the marriage with many husbands or wives 
 at one time. 3 Inst. 88. 
 
 POLYGAMY. The act or state of a person 
 who, knowing that he has two or more 
 wives, or that she has two or more hus- 
 bands, marries another. 
 
 It differs fom "bigamy" (q. v.) Comyn, 
 Dig. "Justices" (S 5) ; Diet, de Jur.; 3 Inst. 
 88. 
 
 But "bigamy" is now commonly used even 
 where "polygamy" would be strictly correct. 
 1 Russ. Crimes, 186, note. On the other 
 hand, "polygamy" is used where "bigamy" 
 would be strictly correct. Gen. St. Mass. 
 1860, p. 817. 
 
 POLYGARCHY. A term used to express 
 a government which is shared by several 
 persons; as, when two brothers succeed to 
 the throne, and reign jointly. 
 
 POND. A body of stagnant water; a pool, 
 either natural or artificial. 13 Pick. (Mass.) 
 265. A pond differs from a lake only in 
 size. 
 
 PONDERANTUR TESTES NON NUME- 
 rantur. Witnesses are weighed, not counted. 
 
PONDUS 
 
 780 
 
 POPULUS 
 
 1 Starkle, Ev. 554; Best, Ev. 426, § 389; 
 14 Wend. (N. Y.) 105, 109. 
 
 PONDUS (Lat.) In old English law. 
 Poundage; literally, weight. A duty an- 
 ciently paid to the king. 
 
 PONDUS REGIS (Lat.) In old English 
 law. The king's weight; the standard 
 weight appointed by the king. Cowell; 1 
 Bl. Comm. 276. 
 
 PONE (Lat. power e, to put). In English 
 practice. An original writ issuing out of 
 chancery, for the purpose of removing a 
 plaint from an inferior court into the su- 
 perior courts at Westminster. The word 
 signifies "put," — put by gages, etc. The writ 
 is called from the words it contained when 
 in Latin, Tpone per vadium et salvos plegios, 
 etc., put by gage and safe pledges, etc. See 
 Fitzh. Nat. Brev. 69, 70a; Wilkinson, Repl. 
 Index. 
 
 PONE PER VADIUM. In English prac- 
 tice. An obsolete writ to the sheriff to sum- 
 mon the defendant to appear and answer the 
 plaintiff's suit, on his putting in sureties to 
 prosecute. It was so called from the words 
 of the writ, "pone per vadium et salvos 
 plegios," "put by gage and safe pledges, A. 
 B., the defendant." It issued out of the 
 common pleas, being grounded on the non- 
 appearance of the defendant at the return of 
 the original writ, and commanded the sher- 
 iff to take certain of his goods, which he 
 should forfeit if he did not appear or make 
 him find sureties. 3 Bl. Comm. 210. 
 
 PONENDIS IN ASSISIS. An obsolete writ 
 to impanel a jury. 
 
 PONENDUM IN BALLIUM. A writ com- 
 manding that a prisoner be bailed in cases 
 bailable. Reg. Orig. 133. 
 
 PONENDUM SIGILLUM AD EXCEPTI- 
 onem. A writ by which justices were re- 
 quired to put their seals to exceptions ex- 
 hibited by a defendant against a plaintiff's 
 evidence, verdict, or other proceedings, be- 
 fore them, according to St. Westminster II. 
 (13 Edw. I. St. 1, c. 31). 
 
 PON ERE (Lat.) To put. The word is 
 used in the old law in various connections, 
 in all of which it can be translated by the 
 English verb "put." See Glanv. lib. 2, c. 3. 
 
 PON IT SE (Lat. puts himself). In Eng- 
 lish criminal practice. When the defendant 
 pleads "not guilty," his plea is recorded by 
 the officer of the court, either by writing 
 the words "po. se," an abbreviation of the 
 words ponit se super patriam, puts himself 
 upon his country, or, as at the central crimi- 
 nal court, non cut. 2 Den. C. C. 392. See 
 "Arraignment." 
 
 PONTAGE. A contribution towards the 
 maintenance, rebuilding, or repairs of a 
 bridge. The toll taken for this purpose also 
 bears this name. Obsolete. 
 
 PONTIBUS REPARANDIS. An old writ 
 directed to the sheriff, requiring him to 
 charge one or more to repair a bridge. Reg. 
 Orig. 153. 
 
 POOL. A pond (q. v.) 
 
 A combination of independent persons or 
 corporations for the division of earnings. 
 See "Pooling Contract." 
 
 A pool or trust is a combination having 
 the intention and power, or tendency, to 
 monopolize business, or to control produc- 
 tion, or to interferfe with trade, or to fix 
 and regulate prices, and the like. The pri- 
 mary object of a pool or trust is to secure 
 a monopoly. The law does not call for 
 proof of monopoly in order to declare such 
 combinations unlawful. 114 111. App. 112. 
 
 POOLING CONTRACT. Strictly, an 
 agreement between common carriers to di- 
 vide their earnings on an agreed basis, ir- 
 respective of the proportions which such 
 earnings bore to each other, the same being 
 put into a common fund or "pool" (15 Fed. 
 667; 23 Fed. 306) ; but the term is loosely 
 applied to other combinations of carriers. 
 See 126 Ind. 348. 
 
 POOR DEBTOR. One who, being impris- 
 oned in a civil action, has no property to 
 pay the debt whereon the same was issued, 
 and who is accordingly entitled to his re- 
 lease on making oath to such fact, and on 
 other conditions variously affixed by statute. 
 
 POOR DEBTOR'S OATH. An oath of 
 poverty, on taking which one imprisoned on 
 execution is entitled to release. 
 
 POPE. The bishop of Rome and the 
 head of the Roman Catholic church. He 
 is a temporal prince. He is elected by cer- 
 tain officers called "cardinals," and remains 
 in power during life. In the 9th Collation 
 of the Authentics, it is declared the bishop 
 of Rome hath the first place of sitting in 
 all assemblies, and the bishop of Constan- 
 tinople the second. Ridley, Civ. & Ecc. 
 Law, pt. 1, c. 3, § 10. 
 
 POPULAR ACTION. An action given by 
 statute to any one who will sue for the 
 penalty. A qui tarn action. Dig. 47. 23. 1. 
 
 POPULISCITUM (Lat.) An act of the 
 commons; same as plebiseitum. Ainsworth. 
 
 A law passed by the whole people assem- 
 bled in comitia centuriata, and at the pro- 
 posal of one of the senate, instead of a trib- 
 une, as was the case with a plebisdtum. 
 Tayl. Civ. Law, 178; Mackeld. Civ, Law, 
 §§ 26, 37. 
 
 POPULUS (Lat.) In the Roman law. 
 The people; the whole body of the citizens, 
 including, with the plebs or commonalty, the 
 patricians and senators; appellatione populi 
 universi cives significantur, connumeratia 
 etiam patriciis et senatoribtis, Inst, L 2, 4, 
 
PORCION 
 
 781 
 
 POSITO UNO OPPOSITORUM 
 
 PORCION. In Spanish, law. A part or 
 portion; a lot or parcel; an allotment of 
 land. See 16 S. W. 49. 
 
 PORT. A place to which the officers of 
 the customs are appropriated, and which in- 
 cludes the privileges and guidance of all 
 members and creeks which are allotted to 
 them. 1 Chit. Com. Law, 726; Postleth- 
 waite. 
 
 A proper place for the lading or unlading 
 of vessels, recognized and supervised for 
 maritime purposes by the public authorities. 
 
 A port differs from a haven, and includes 
 something more. First, it is a place at 
 which vessels may arrive and discharge or 
 take in their cargoes. Second, it compre- 
 hends a ville, city, or borough, called in 
 Latin caput corpus, for the reception of 
 mariners and merchants, for securing the 
 goods and bringing them to market, and for 
 victualling the ships. Third, it is impressed 
 with its legal character by the civil author- 
 ity. Hale de Port. Mar. c. 2; 1 Harg. Tr. 46, 
 73; Bac. Abr. "Prerogative" (D 5) ; Comyn, 
 Dig. "Navigation" (E) ; 4 Inst. 148; Callis, 
 Sewers, 56; 2 Chit. Com. Law, 2; Dig. 50. 
 16. 59; Id. 43. 12.' 1. 13; Id. 47. 10. 15. 7; 
 Id. 39. 4. 15. 
 
 PORT TOLL. The toll paid for bringing 
 goods into a port. 
 
 PORTARE. (L. Lat.) In old English 
 practice. To bear; to bring. 
 
 PORTATICA (Law Lat.) In English law. 
 The generic name for port duties charged to 
 ships. Harg. Tr. 74. 
 
 PORTER. The name of an ancient Eng- 
 lish officer who bore or carried a rod before 
 the justices. The door keeper of the English 
 parliament also bears this name. 
 
 One who is employed as a common carrier 
 to carry goods from one place to another in 
 the same town is also called a porter. Such 
 person is, in general, answerable as a com- 
 mon carrier. Story, Bailm. § 496. 
 
 PORTGREVE (from Saxon gerefa, reeve 
 or bailiff, and port) . A chief magistrate in 
 certain maritime towns. The chief magis- 
 trate of London was anciently so called, as 
 appears from a charter of King William I. 
 Instead of this portgreve of London, the suc- 
 ceeding kings appointed two bailiffs, and 
 afterwards a mayor. Camden, Hist. 325. 
 
 PORTMEN. The burgesses of Ipswich and 
 of the Cinque Ports were so called. 
 
 PORTMOTE. In old English law. A court 
 held in ports or haven towns, and sometimes 
 in inland towns also. Cowell; Blount. 
 
 PORTORIA (Lat.) In civil law. Duties 
 paid in ports on merchandise. Code, 4. 61. 
 3. . Taxes levied in old times at city gates; 
 tolls for passing over bridges. Vicat; Spel- 
 man. 
 
 P0RT8ALES. Auctions were anciently so 
 called, because they took place in ports. 
 
 PORTSOKA, or PORTSOKEN. The sub- 
 urbs of a city, or any place within its juris- 
 diction. Somner; Cowell. 
 
 POSITIVE. Express; absolute; not 
 doubtful. This word is frequently used in 
 composition. 
 
 POSITIVE CONDITION. One In which 
 the thing which is the subject of it must 
 happen; as, if I marry. It is opposed to a 
 negative condition, which is where the thing 
 which is the subject of it must not happen; 
 as, if I do not marry, 
 
 POSITIVE EVIDENCE. That which, if 
 believed, establishes the truth or falsehood 
 of a fact in issue, and does not arise from 
 any presumption. It is distinguished from 
 circumstantial evidence (q. v.) 3 Bouv. 
 Inst, note 3057. 
 
 POSITIVE FRAUD. The intentional and 
 successful employment of any cunning, de- 
 ception, or artifice to circumvent, cheat, or 
 deceive another. 1 Story, Eq. Jur. 186; Dig. 
 4. 3. 1. 2; Id. 2. 14. 7. 9. It is cited in op- 
 position to constructive fraud. 
 
 POSITIVE LAW. Law actually ordained 
 or established, under human sanctions, as 
 distinguished from the law of nature or 
 natural law, which comprises those consider- 
 ations of justice, right, and universal ex- 
 pediency that are announced by the voice of 
 reason or of revelation. Municipal law is 
 chiefly, if not essentially, positive; while 
 the law of nations has been deemed by many 
 of the earlier writers as merely an applica- 
 tion of the law of nature. That part of the 
 law of nations which rests on positive law 
 may be considered in a threefold point of 
 view: First, the universal voluntary law, 
 or those rules which become law by the uni- 
 form practice of nations in general, and by 
 the manifest utility of the rules themselves ; 
 second, the customary law, or that which; 
 from motives of convenience, has, by tacit 
 but implied agreement, prevailed not neces- 
 sarily among all nations nor with so perma- 
 nent a utility as to become a portion of the 
 universal voluntary law, but enough to have 
 acquired a prescriptive obligation among 
 certain states so situated as to be mutually 
 benefited by it (1 Taunt. 241) ; third, the 
 conventional law, or that which is agreed 
 between particular states by express treaty, 
 a law binding on the parties among whom 
 such treaties are in force. 1 Chit. Com. 
 Law, 28. 
 
 POSITIVI JURIS (Law Lat.) Of positive 
 law. "That was a rule positivi juris; I do 
 not mean to say an unjust one." Lord El- 
 lenborough, 12 East, 639. 
 
 POSITO UNO OPPOSITORUM NEGA- 
 
 tur alterum. One of two opposite positions 
 being aflirmed, the other is denied. 3 Rolle. 
 422. 
 
POSSE 
 
 782 
 
 POSSESSION, WRIT OF 
 
 POSSE. This word is used substantively 
 to signify a possibility. For example, such 
 a thing is in posse, that is, such a thing may 
 possibly be. When the thing is in being, the 
 phrase to express it is, in esse. 
 
 POSSE COMITATUS (Lat.) The power 
 of the county. 
 
 Citizens summoned by the sheriff to assist 
 him in the execution of process. 
 
 POSSESSED. This word is applied to the 
 right and enjosrtnent of a termor, or a per- 
 son having a term, who is said to be pos- 
 sessed, and not seised. Bac. Tr. 335; Poph. 
 76; Dyer, 369. 
 
 POSSESSIO (Lat.) 
 
 In Civil Law. The detention of a 
 thing; divided into, first, natural, or the 
 naked detention of a thing, without intention 
 to acquire ownership; second, civil, or the 
 detention of a thing to which one has a 
 right, or with intention of acquiring owner- 
 ship. Heinec. Elem. Jur. Civ. § 1288; Mack- 
 eld. Civ. Law, §§ 210, 213. 
 
 In Old English Law. Possession; sei- 
 sin. Law Fr. & Lat. Diet.; 2 Bl. Comm. 
 227; Bracton, lib. 2, c. 17; Cowell, "Posses- 
 sion." But seisina cannot be of an estate 
 less than freehold; possessio can. New Eng- 
 land Sheriflf, 141; 1 Mete. (Mass.) 450; 6 
 Mete. (Mass.) 439. 
 
 POSSESSIO BONA FIDE (Lat.) Posses- 
 sion in good faith. 
 
 POSSESSIO BONORUiVI (Lat.) In the 
 civil law. The possession of goods. More 
 commonly termed bonorum possessio. 
 
 POSSESSIO CIVILIS. In Roman law. A 
 legal possession, i. e., a possessing accom- 
 panied with the intention to be or to there- 
 by become owner, and, as so understood, it 
 was distinguished from "possessio natur- 
 alis," otherwise called "nuda detentio," 
 which was a possessing without any such 
 intention. Possessio civilis was the basis of 
 usucapio or of longi temporis possessio, and 
 was usually, but not necessarily, adverse 
 possession. Brown. 
 
 POSSESSIO EST QUASI PEDIS POSI- 
 
 tio. Possession is, as it were, the position 
 of the foot. 3 Coke, 42. 
 
 POSSESSIO FRATRIS (Lat. the brother's 
 possession). A technical phrase applied in 
 the English law relating to descents, to de- 
 note the possession by one in such privity 
 with a person as to be considered the per- 
 son's own possession. 
 
 POSSESSIO FRATRIS DE FEODO SIM- 
 plicl facit sororem esse haeredem. Posses- 
 sion of the brother in fee simple makes the 
 sister to be heir. 3 Coke, 42; 2 Bl. Comm. 
 227; Broom, Leg. Max. (3d London Ed.) 
 473. 
 
 POSSESSIO NATURALIS. See "Posses- 
 sio Civilis." 
 
 POSSESSIO PACIFICA POUR ANNS 60 
 facit jus. Peaceable possession for sixty 
 years gives a right. Jenk. Cent. Cas. 26. 
 
 POSSESSION. The detention or enjoy- 
 ment of a thing which a man holds or exer- 
 cises by himself, or by another who keeps 
 or exercises it in his name. 
 
 The owning or having a thing in one's 
 power. 64 N. Y. 80. "Possession of land is 
 the holding of and exercise 'of exclusive do- 
 minion over it." 25 Iowa, 177. 
 
 By the possession of a thing, we always 
 conceive the condition in which not only 
 one's own dealing with the thing is physical- 
 ly possible, but every other person's dealing 
 with it is capable of being excluded. Thus, 
 the seaman possesses his ship, but not the 
 water in which it moves, although he makes 
 each subserve his purpose. 
 
 (1) Actual possession' exists where the 
 thing is in the immediate occupancy of the 
 party. 3 Dev. (N. C.) 34. 
 
 (2) Constructive possession is that which 
 exists in contemplation of law, without ac- 
 tual personal occupation. 11 Vt. 129; 64 N. 
 Y. 80. And see 1 McLean (U. S.) 214, 265; 
 2 Bl. Comm. 116. 
 
 (3) Adverse possession is possession in- 
 consistent with the right of the true owner. 
 See "Adverse Possession." 
 
 (4) Naked possession, called also "bare 
 possession," is actual possession without 
 shadow or pretense of right. 3 Colo. 360. 
 
 In Louisiana. 
 
 (1) Civil possession exists when a person 
 ceases to reside in a house or on the land 
 which he occupied, or to detain the movable 
 which he possessed, but without intending 
 to abandon the possession." It is the deten- 
 tion of a thing by virtue of a just title, 
 and under the conviction of possessing as 
 owner. Civ. Code La. arts. 3392, 3394. 
 
 (2) Natural possession is that by which a 
 man detains a thing corporeal; as, by occu- 
 pying a house, cultivating ground, or retain- 
 ing a movable in his possession. Natural 
 possession is also defined to be the corporeal 
 detention of a thing which we possess as be- 
 longing to us, without any title to that pos- 
 session, or with a title which is void. Civ. 
 Code La. arts. 3391, 3393. 
 
 POSSESSION MONEY. An allowance to 
 one put in possession of goods taken under 
 writ of fieri facias. Holthouse. 
 
 POSSESSION VAUT TITRE (Pr.) In 
 English law, as in most systems of juris- 
 prudence, the fact of possession raises 3 
 prima facie title or a presumption of the 
 right of property in the thing possessed. In 
 other words, the possession is as good as the 
 title (about). Brown. 
 
 POSSESSION, WRIT OF. Process to put 
 into execution a judgment in ejectment for 
 delivery of the premises. 2 Rev. St. N. Y. 
 p. 310, § 37. 
 
POSSESSOR 
 
 783 
 
 POST ENTRY 
 
 POSSESSOR. He who holds, detalbs, or 
 enjoys a thing, either by himself or his 
 agent, which he claims as his own. 
 
 In general, the possessor of personal chat- 
 tels is presumed to be the owner; and in 
 case of real estate he has a right to receive 
 the profits tintil a title adverse to his pos- 
 session has been established, leaving him 
 subject to an action for the mesne profits. 
 
 POSSESSOR BONA FIDE. See "Bona 
 Fide Possessor, etc." 
 
 POSSESSORY. Relating to possession; 
 founded on possession; contemplating or 
 claiming possession. 
 
 POSSESSORY ACTION. 
 
 — '^In Old English Law. A real action, in 
 which the plaintiff, called the "demandant," 
 sought to recover the possession of land, ten- 
 ements, and hereditaments. On account of 
 the great nicety required in its manage- 
 ment, and the introduction of more expe- 
 ditious methods of trying titles by other 
 actions, it has been laid aside. Finch, Laws, 
 257; 2 Bouv. Inst, note 2640. 
 
 In Louisiana. An action by which, one 
 
 claims to be maintained in the possession of 
 an immovable property, or of a right upon 
 or growing out of it, when he has been dis- 
 turbed; or to be reinstated to that posses- 
 sion, when he has been divested or evicted. 
 2 La. 227, 254. 
 
 In Scotch Law. An action by which 
 
 the possession of heritable or movable prop- 
 erty may be recovered and tried. An action 
 of molestation is one of them. Paterson, 
 Comp. § 1058, note. 
 
 POSSESSORY JUDGMENT. In Scotch 
 practice. A judgment which entitles a per- 
 son who has uninterruptedly been in pos- 
 session for seven years to continue his pos- 
 session until the question of right be de- 
 cided in due course of law. Bell, Diet. 
 
 POSSIBILITAS (Lat.) In old English 
 law. Possibility; a possibility. Possibili- 
 tas post dissolutionem executionis nunquam 
 reviviscatur, a possibility will never be re- 
 vived after the dissolution of its execution. 
 1 Rolle, 321. After a possibility has become 
 executed, it will not be revived by a disso- 
 lution of the estate, as by a divorce. Post 
 executionem status, lex non patitur possi- 
 bilitatem, after the execution of an estate, 
 the law does not suffer a possibility. 3 
 Bulst. 108. 
 
 POSSIBILITY. An uncertain thing which 
 may happen. Lilly, Reg. An expectancy 
 which is not founded on any limitation, 
 provision, or trust, such, as the expectancy 
 of an heir apparent, who may be disin- 
 herited by will, or may not survive the an- 
 cestor. 
 
 (1) A bare possibility is one that is not 
 coupled with an interest, as that a son may 
 inherit the lands of his father, who is living. 
 
 (2) A possibility coupled with an interest 
 is where the person who is to take an es- 
 
 tate upon the happening of a contingency 
 is ascertained and fixed. 
 
 (3) A near or common possibility is such 
 as death or death without issue. 
 
 (4) A remote possibility is such as a re- 
 mainder to the heirs of a person not in be- 
 ing. 4 Kent, Comm. 206, 262. 
 
 POSSIBILITY ON A POSSIBILITY. See 
 "Double Possibility." 
 
 POSSIDERE. (Lat.) To possess. 
 
 POSSIDERE PRO HEREDE. To possess 
 in the belief that one is heir. Inst. 4, 15, 3. 
 
 POSSIDERE PRO POSSESSORE. To 
 
 possess a part or the whole of an inherit- 
 ance, without any right, and with the 
 knowledge that it does not belong to one. 
 Inst. 4, 15, 3. 
 
 POSSUM US. We can; we can or may 
 do. 
 
 POST (Lat.) After. 
 
 In Real-Estate Law. When two or 
 
 more alienations or descents have taken 
 place between an original intruder and the 
 tenant or defendant in a writ of entry, the 
 writ is said to be in the post, because it 
 states that the tenant had not entry unless 
 after the ouster of the original intruder. 3 
 Bl. Comm. 182. 
 
 In Military Law. A station where mil- 
 itary duty is performed, or stores are kept, 
 or something connected with military af- 
 fairs is done. 94 U. S. 219. 
 
 In Latin Phrases. A preposition mean- 
 ing "after." 
 
 POST-ACT. An after-act; an act done af- 
 terwards. 
 
 POST CONQUESTUM. After the Con- 
 quest. Words first used in the king's title 
 by King Edward I., 1328, to distinguish the 
 Edwards after the Conquest, from those be- 
 fore it, and constantly used in the time of 
 Edward III. Tomlins, 
 
 POST DATE. To date an instrument a 
 time after that on which it is made. See 
 "Date." 
 
 POST DIEM (Lat.) After the day; as 
 a plea of payment post diem, — after the day 
 when the money became due. Comyn, Dig. 
 "Pleader" (2 W 29). 
 
 POST DISSEISIN. In English law. The 
 name of a writ which lies for him who, hav- 
 ing recovered lands and tenements by force 
 of a novel disseisin, is again disseised by 
 a former disseisor. Jacob. 
 
 POST ENTRY. In maritime law. An en- 
 try made by a merchant upon the importa- 
 tion of goods, after the goods have been 
 weighed, measured, or gauged, to make up 
 the deficiency of the original or prime entry. 
 The custom of making such entries has 
 arisen from the fact that a merchant in 
 making the entry at the time of importa- 
 
POST EXECUTIONEM 
 
 784 
 
 POSTLIMINIUM 
 
 tion is not or may not be able to calculate 
 exactly the duties which he is liable to pay. 
 He therefore makes an approximately cor- 
 rect entry, which he subsequently corrects 
 by the post entry. See Chit. Com. Law, 
 746. 
 
 POST EXECUTIONEM STATUS LEX 
 non patitur possibilitatem. After the execu- 
 tion of the estate, the law suffers not a pos- 
 sibility. 3 Bulst. 108. 
 
 POST FACTO (Lat.) After the fact. See 
 "Ex Post Facto." 
 
 POST-FACTUM. An after-act; an act 
 done afterwards; a post-act. 
 
 POST FINE. In old conveyancing. A fine 
 or sum of money, otherwise called the 
 "king's silver," formerly due on granting 
 the licentia concordandi, or leave to agree, 
 in levying a fine of lands. It amounted to 
 three-twentieths of the supposed annual 
 value of the land, or ten shillings for every 
 five marks of land. 2 Bl. Comm. 350. 
 
 POST LITEM MOTAM (Lat.) After the 
 commencement of the suit. 
 
 Declarations or acts of the parties made 
 post litem motam are presumed to be made 
 with reference to the suit then pending, 
 and, for this reason, are not evidence in 
 favor of the persons making them; while 
 those made before an action has been com- 
 menced, in some cases, as when a pedigree 
 is to be proved, may be considered as evi- 
 dence. 4 Campb. 401. 
 
 POST MORTEM (Lat.) After death; as, 
 an examination post mortem is an examina- 
 tion mad6 of a dead body to ascertain the 
 cause of death; an inquisition post mortem 
 is one made by the coroner. 
 
 POST-NATUS (Lat.) Literally, after- 
 born. It is used by the old law writers to 
 designate the second son. 
 
 POST NOTES. A species of banknotes 
 payable at a distant period, and not on de- 
 mand. 2 Watts & S. (Pa.) 463. A kind of 
 banknotes intended to be transmitted a dis- 
 tance by post. See 24 Me. 36. 
 
 POST NUPTIAL. Something which takes 
 place after marriage; as, a post-nuptial set- 
 tlement, which is a conveyance made gen- 
 erally by the husband for the benefit of the 
 wife. 
 
 POST OBIT (Lat.) An agreement by 
 which the obligor borrows a certain sum of 
 money, and promises to pay a larger sum, 
 exceeding the lawful rate of interest, upon 
 the death of a person from whom he has 
 some expectation, if the obligor be then liv- 
 ing. 7 Mass. 119; 6 Madd. IJl; 5 Ves. 57; 
 19 Ves. 628; 62 Barb. (N. Y.) 95. 
 
 Equity will, in general, relieve a party 
 from these unequal contracts, as they are 
 fraudulent on the ancestor. See 1 Story, Eq. 
 Jur. § 342; 2 P. Wms. 182, 2 Sim. 183, 
 
 192; 5 Sim. 524. But relief will be granted 
 only on equitable terms; for he who seeks 
 equity must do equity. 1 Fonbl. Eq. bk. 1, 
 c. 2, § 13, note (p) ; 1 Story, Eq. Jur. 
 i 344. See "Catching Bargain;" "Mace- 
 donian Decree." 
 
 POST PROLEM SUSCITATAM. After Is- 
 sue born. Co. Litt. 19b. 
 
 POST-TERMINAL SITTINGS. Sittings 
 after term. See "Sittings After Term." 
 
 POST TERMINUM. After term, or post 
 term. The return of a writ not only after 
 the day assigiied for its return, but after 
 the term also, for which a fee was due. The 
 fee itself. Cowell. 
 
 POSTEA (Lat. afterwards). In practice. 
 The indorsement, on the nisi prius record 
 purporting to be the return of the judge be- 
 fore whom a cause is tried, of what has been 
 done in respect of such record. 
 
 It states the day of trial, before what 
 judge, by name, the cause is tried, and also 
 who is or was an associate of such judge. 
 It also states the appearance of the parties 
 by their respective attorneys, or their de- 
 faults, and the summoning and choice of 
 the jury, whether those who were originally 
 summoned, or those who were tales, or 
 taken from the standers-by. It then states 
 the finding of the jury upon oath, and the 
 assessment of the damages, with the occa- 
 sion thereof, together with the costs. 
 
 POSTERIORA DEROGANT PRIORIBUS. 
 
 Posterior things derogate from things prior. 
 1 Bouv. Inst, note 90. 
 
 POSTERIORES (Lat.) This term was 
 used by the Romans to denote the descend- 
 ants in a direct line beyond the sixth de- 
 gree. It is still used in making genealogical 
 tables. 
 
 POSTERIORITY. Being or coming after. 
 It is a word of comparison, the correlative 
 of which is "priority;" as, when a man 
 holds lands from two landlords, he holds 
 from his ancient landlord by priority, and 
 from the other by posteriority. 2 Inst. 392. 
 
 These terms, "priority" and "posterior- 
 ity," are also used in cases of liens. The 
 first are prior liens, and are to be paid in 
 the first place; and the last are posterior 
 liens, and are not entitled to payment until 
 the former have been satisfied. 
 
 POSTERITY. All the descendants of a 
 person in a direct line. 
 
 POSTHUMOUS CHILD. One born after 
 the death of its father, or, when the Caesa- 
 rian operation is performed, after that of 
 the mother. 
 
 POSTLIMINIUM (Lat. from post, after, 
 and limen, a threshold). 
 
 In the Civil Law. The return or res- 
 toration of a person to a former estate or 
 right; sometimes, in English, "postliminy." 
 
POSTLIMINIUM PINGIT 
 
 785 
 
 POSTULATIO 
 
 A fiction applied in the case of a person who 
 had been taken prisoner by an enemy, and 
 afterwards returned from captivity, by 
 which he was supposed never to have been 
 abroad, and was on this ground restored to 
 his former rights. Postliminium fingit eum 
 qui captus est in civitate semper fuisse, 
 postliminy supposes that he who was taken 
 prisoner had always been in the state. Inst. 
 1. 12. 5. See Dig. 49. 15. 
 
 Postlim,inium included things as well as 
 persons. Paulus, in the Digests, defines it 
 to be jus amissae rei redpiendae ab extran- 
 eo, et in statum, pristinum restituendae, inter 
 nos ac liberos populos regesque moribus, 
 legibus constitutum. Nam quod bello amis- 
 imus, aut etiam citra bellum, hoe si rursus 
 .redpia/mus dicimur postliminio recipere, the 
 right of receiving a lost thing from a for- 
 eigner, and of restoring it to its former 
 state, established between us and free na- 
 tions and kings, by customs and by laws. 
 For whatever we have lost in war, or even 
 not in war, if we receive it again, we are 
 said to receive it postliminio. Dig. 49. 15. 
 19, pr. 
 
 Postliminium is thus analyzed and ex- 
 plained in the Institutes : It is called postli- 
 minium from limjen (threshold), and post 
 (after) . ' Wherefore we properly say of one 
 who was taken by an enemy, and afterwards 
 came into our borders or limits, that he has 
 returned postliminio. For as the threshold 
 of a house makes, as it were, the limit or 
 boundary of it, so the ancients chose to call 
 the boundary or border of the empire its 
 threshold. Hence limen (a threshold) came 
 to be used in the sense of a limit {finis), 
 and boundary (terminus). And hence the 
 word postliminium, was framed, and used to 
 signify that a person had returned to the 
 same threshold which he had lost; ab eo 
 postliminium, dictum, est, quia ad idem limen 
 revertebatur quod amiserat. So that now a 
 prisoner who is recovered from an enemy, 
 and returns home, is supposed to have re- 
 turned in postliminy, that is, in the way 
 explained. Inst. 1. 12. 5. 
 
 In the Law of Nations. A right whicli 
 
 arises from a return mi limen, that is, to the 
 borders of one's country. Grotius de Jur. 
 Belli, lib. 3, c. 9, § 2. A term derived from 
 the Roman law, and extensively used in pub- 
 lic law. See its etymology explained by 
 Grotius de Jure Belli lib. 3, c. 9, § 1. See 
 his whole chapter, "De Postliminio." The 
 term is used in maritime law. See Locc. de 
 Jur. Mar. lib. 2, c. 4. 
 
 POSTLIMINIUM FINGIT EUM QUI CAP- 
 tus est in civitate semper fuisse. Postlim- 
 iny feigns that he who has been captured 
 has never left the state. Inst. 1. 12. 5 ; Dig. 
 49. 15. 
 
 POSTMAN. A senior barrister in court 
 of exchequer, who has precedence in motions. 
 So called from the place where he sits. 2 
 Bl. Comm. 28; Wharton. A letter carrier. 
 Webster. 
 
 POSTMARK. A stamp or mark put on 
 letters in the post office. . 
 
 Postmarks are evidence of a letter's hav- 
 ing passed through the post office. 2 Campb. 
 620; 2 Bos. & P. 316; 15 East, 416; 1 Maule 
 & S. 201; 15 Conn. 206. 
 
 POSTNATI (Lat. those born after). Ap- 
 plied to American and British subjects born 
 after the separation of England and the 
 United States; also to the subjects of Scot- 
 land born after the union of England and 
 Scotland. Those born after an event, as 
 opposed to antenati, those born before. 2 
 Kent, Comm. 56-59; 2 Pick. (Mass.) 394; 5 
 Day (Conn.) 169*. See "Antenati." 
 
 POSTNUPTIAL SETTLEMENT. A settle- 
 ment made after marriage upon a wife or 
 children; otherwise called a "voluntary" 
 settlement. 2 Kent, Comm. 173. 
 
 POSTPONEMENT. The putting over of 
 a cause for trial to another term. Consid- 
 erable confusion exists in the use of the 
 words, "continuance," "adjournment," and 
 "postponement." In exact phraseology, 
 "continuance" means the revival of a cause 
 after it has abated, "adjournment" the put- 
 ting over of a cause from day to day within 
 the term, and "postponement" the putting 
 over of a cause from term to term. 
 
 POSTREMO GENITURE. BoTough Eng- 
 lish (q. v.) 
 
 POSTULATIO (Lat.) In Roman law. The 
 name of the first act in a criminal proceed- 
 ing. 
 
 A person who wished to accuse another 
 of a crime appeared before the praetor and 
 requested his authority for that purpose, 
 designating the person intended. This act 
 was called postulatio. The postulant {cal- 
 umnium, jurabat) made oath that he was 
 not influenced by a spirit of calumny, but 
 acted in good faith, with a view to the public 
 interest. The praetor received this decla- 
 ration, at first made verbally, but after- 
 wards in writing, and called a "libel." The 
 postulatio was posted up in the forum, to 
 give public notice of the names of the ac- 
 cuser and the accused. A second accuser 
 sometimes appeared, and went through the 
 same formalities. 
 
 Other persons were allowed to appear and 
 join the postulant or principal accuser. 
 These were said postulare subseriptionem, 
 and were denominated subscriptores. Cicero, 
 Caecil. Divinatio, 15. But commonly such 
 persons acted concurrently with the postu- 
 lant, and inscribed their names at the time 
 he first appeared. Only one accuser, how- 
 ever, was allowed to act; and if the first in- 
 scribed did not desist in favor of the second, 
 the_ right was determined, after discussion, 
 by judges appointed for the purpose. Cicero, 
 Verres, i. 6. The preliminary proceeding 
 was called divinatio, and is well explained 
 in the oration of Cicero entitled Divinatio. 
 See Aulus Gellius, Att. Noct. lib, ii. c. 4. 
 
POSTULATIO 
 
 7S6 
 
 POTENTIA INUTILIS 
 
 The accuser having been determined in 
 this manner, he appeared before the praetor, 
 and formally charged the accused by name, 
 specifying the crime. This was called nomi- 
 nis et criminis delatio. The magistrate re- 
 duced it to writing, which was called in- 
 scriptio, and the accuser and his adjuncts, 
 if any, signed it, subscribebant. This pro- 
 ceeding corresponds to the indictment of 
 the common law. 
 
 If the accused appeared, the accuser for- 
 mally charged him with the crime. If the 
 accused confessed it, or stood mute, he was 
 adjudged to pay the penalty. If he denied 
 it, the inscriptio contained his answer, and 
 he was then in reatu (indicted, as we should 
 say), and was called reus, and a day was 
 fixed, ordinarily after an interval of at least 
 ten days, according to the nature of the case, 
 for the appearance of the parties. In the 
 case of Verres, Cicero obtained one hundred 
 and ten days to prepare his proofs, although 
 he accomplished it in fifty days, and re- 
 nounced, as he might do, the advantage of 
 the remainder of the time allowed him. 
 
 At the day appointed for the trial, the ac- 
 cuser and his adjuncts or colleagues, the 
 accused, and the judges, were summoned by 
 the herald of the praetor. If the accuser did 
 not appear, the case was erased from the 
 roll. If the accused made default, he was 
 condemned. If both parties appeared, a 
 jury was drawn by the praetor or judex^ 
 qtiaestionis. The jury was called jurati 
 homines, and the drawing of them sortitio, 
 and they were taken from a general list 
 made out for the year. Either party had a 
 right to object to a certain extent to the per- 
 sons drawn, and then there was a second 
 drawing, called subsortitio, to complete the 
 number. 
 
 In some tribunals, quaestiones (the jury) 
 were editi (produced) in equal number by 
 the accuser, and the accused, and sometimes 
 by the accuser alone, and were objected to 
 or challenged in different ways, according 
 to the nature of the case. The number of 
 the jury also varied according to the tri- 
 bunal (quaestio). They were sworn before 
 the trial began; hence they were called ju- 
 rati. 
 
 The accusers, and often the subscriptores, 
 were heard, and afterwards the accused, 
 either by himself or by his advocates, of 
 whom he cpmmonly had several. The wit- 
 nesses, who swore by Jupiter, gave their tes- 
 timony after the discussions or during the 
 progress of the pleadings of the accuser. 
 In some cases it was necessary to plead the 
 cause on the third day following the first 
 hearing, which was called comperendinatio. 
 
 After the pleadings were concluded, the 
 praetor or the judex quaestionis distributed 
 tablets to the jury, upon which each wrote, 
 secretly, either the letter A. (^absolvo) , or 
 the letter C. (eondemno), or N. L. {non 
 liquet) . These tablets were deposited in an 
 urn. The president assorted and counted 
 the tablets. If the majority were for ac- 
 quitting the accused, the magistrate de- 
 
 clared it by the words fecisse non videtur, 
 and by the words fecisse videtur if the ma- 
 jority were for a conviction. If the tablets 
 marked N. L. were so many as to prevent 
 an absolute majority for a conviction or ac- 
 quittal, the cause was put off for more ample 
 information, ampliatio, which the praetor 
 declared by the word amplies. Such, in 
 brief, was the course of proceedings before 
 the quaestiones perpetuae. 
 
 The forms observed in the comitia cen- 
 turiata and comitia tributa were nearly the 
 same, except the composition of the tribunal 
 and the mode of declaring the vote. 
 
 POSTULATIO ACTIONIS (Lat.) In civil 
 law. Demand of an action {actio) from 
 the praetor, which some explain to be a de- 
 mand of a formula, or form of the suit; 
 others, a demand of leave to bring the cause 
 before the judge. Tayl. Civ. Law, 80; Calv. 
 Lex. "Actio." 
 
 POSTUMUS. A child of a testator, born 
 after his death, who if born in his lifetime, 
 would have been entitled to succeed him if 
 he died intestate; a child of a testator con- 
 ceived before the date of the will, but born 
 afterwards, and before the testator's death. 
 See "Posthumous Child." 
 
 POSTUMUS ALIENUS. A posthumous 
 stranger; a posthumous child that would not 
 have been under the testator's power if 
 born in his lifetime. Inst. 2, 20, 28. 
 
 POT-DE-VIN. In French law. A sum of 
 money frequently paid, at the moment of 
 entering into a contract, beyond the price 
 agreed upon. It differs from arrha in this, 
 that it is no part of the price of the thing 
 sold, and that the person who has received 
 it cannot, by returning double the amount, 
 or the other party by losing what he has 
 paid^ rescind the contract. 18 Toullier, Dr. 
 Civ. note 52. 
 
 POTENTATE. One who has a great pow- 
 er over an extended country; a sovereign. 
 
 By the naturalization laws of the United 
 States, an alien is required, before he can 
 be naturalized, to renounce all allegiance 
 and fidelity to any foreign prince, potentate, 
 state, or sovereign whatever. 
 
 POTENTIA (Lat.) Possibility; power. 
 
 POTENTIA DEBET SEQUI JUSTITIAM, 
 non antecedere. Power ought to follow, not 
 to precede, justice. 3 Bulst. 199. 
 
 POTENTIA EST DUPLEX, REMOTA ET 
 propinqua; et potentia remotlssima et vana 
 est quae nunquam venit in actum. Possi- 
 bility is of two kinds, remote and near; that 
 which never comes into action is a power 
 the most remote and vain. ' 11 Coke, 51. 
 
 POTENTIA INUTILIS FRUSTRA EST. 
 
 Useless power is vain. 
 
POTENTIA NON EST NISI 
 
 787 
 
 POURVEYOR 
 
 POTENTIA NON EST NISI AD BONUM. 
 Power is not conferred but for the public 
 good. 
 
 POTENTIA PROPINQUA. Common pos- 
 sibility. See "Possibility." 
 
 POTEST GUIS RENUNCIARE PRO SE, 
 et suis, Jus quod pro se introductum est. A 
 man may relinquish, for himself and those 
 claiming under him, a right which was in- 
 troduced for his own benefit. See 1 Bouv. 
 Inst, note 83. 
 
 POTESTAS (Lat.) In civil law. Power; 
 authority; domination; empire. Imperium, 
 or the jurisdiction of magistrates. The 
 power of the father over his children, patria 
 potestas. The authority of masters over 
 their slaves, which makes it nearly synony- 
 mous with dominium. See Inst. 1. 9. 12; 
 Dig. 2. 1. 13. 1; Id. 14. 1; Id. 14. 4. 1. 4. 
 
 POTESTAS STRICTE INTERPRETAT- 
 ur. Power should be strictly interpreted. 
 Jenk. Cent. Cas. 17. 
 
 POTESTAS SUPREMA SEIPSUM DIS- 
 solvare potest, llgare non potest. Supreme 
 power can dissolve, but cannot bind itself. 
 Bac. Max. reg. 19. 
 
 POTIOR EST CONDITIO DEFENDENT- 
 
 is. Better is the condition of the defend- 
 ant than that of the plaintiff. Broom, Leg. 
 Max. (3d London Ed.) 664; 16 Pet. (U. S.) 
 471. 
 
 POTIOR EST CONDITIO POSSIDENTIS. 
 
 Better is the condition of the possessor. 
 Broom, Leg. Max. (3d London Ed.) 201, 
 note. 
 
 POTWALLOPER. A term formerly ap- 
 plied to voters in certain boroughs of Eng- 
 land, where all who boil (wallop) a pot 
 were entitled to vote. Webster. 
 
 POULTRY COUNTER (or COMPTER). 
 The name of a prison formerly existing in 
 London. 2 Mod. 306; 6 Mod. 247. See 
 "Counter." 
 
 POUND. Ex vi termJvni is an enclosed 
 piece of land, secured by a firm structure 
 of stone, or of posts and timber, placed in 
 the ground. 2 Cush. (Mass.) 309. 
 
 A place, inclosed by public authority, for 
 the temporary detention of stray animals. 
 4 Pick. (Mass.) 258; 5 Pick. (Mass.) 514; 
 9 Pick. (Mass.) 14. 
 
 In Weights. There are two kinds of 
 
 weights, namely, the troy and the avoirdu- 
 pois. The pound avoirdupois is the greater, 
 being seven thousand grains, the troy pound, 
 five thousand seven hundred and sixty. The 
 troy pound contains twelve ounces; that of 
 avoirdupois sixteen ounces. 
 
 In Money. The sum of twenty shil- 
 lings. Previous to the establishment of the 
 federal currency, the different states made 
 use of the pound in computing money. It 
 was of different value in the several states. ' 
 
 Pound sterling is a denomination of mon- 
 ey of Great Britain. It is of the value 
 a sovereign. In calculating the rates of 
 duties, the pound sterling was, by statute, 
 considered and taken as of the value of four 
 dollars and eighty cents. Act March 3, 
 1883. 
 
 Under the same act the pound sterling of 
 Ireland was to be computed, in calculating 
 said duties, at four dollars and ten cents. 
 
 POUND BREACH. The offense of break- 
 ing a pound in order to take out the cattle 
 impounded. 3 Bl. Comm. 146. The writ 
 de parco fracto, or pound breach, lies for 
 recovering damages for this offense; also 
 case. Id. It is also indictable. 
 
 POUNDAGE. In practice. The amount 
 allowed to the sheriff, or other officer, for 
 commissions on the money made by virtue 
 of an execution. This allowance varies in 
 different states, and to different officers. 
 
 POUR COMPTE DE QUI IL APPAR- 
 tient (Fr.) For account of whom it may 
 concern. Emerig. Tr. des Assur. c. 11, sec. 
 4, § 3. A phrase in insurance law. 
 
 POUR SEISIR TERRES (Law Pr. for seiz- 
 ing the lands). In old practice. A writ by 
 which the king seized the land which the 
 wife of a tenant in capite, deceased, had 
 for her dower, if she married without his 
 leave. Cowell. 
 
 POURPARLER. In French law. The con- 
 versations and negotiations which have 
 taken place between the parties in order to 
 make an agreement. These form no part 
 of the agreement. Pardessus, Dr. Com. 
 142. 
 
 POURPARTY (Law Fr.; Law Lat. pro- 
 pars, propartis, propartia). In old English 
 law. Division; a divided share. Literally, 
 "for," or as "divided" (pour parti) ; a close 
 translation of the Latin phrase pro diviso. 
 To make pourparty is to divide and sever 
 the lands that fall to parceners, which, be- 
 fore partition, they held jointly and pro 
 indiviso, Cowell. 
 
 POURPRESTURE, See Purpresture." 
 
 POURSUIVANT. A follower; a pursuer. 
 In the ancient English law, it signified an 
 officer who attended upon the king in his 
 wars, at the council table, exchequer, in his 
 court, etc., to be sent as a messenger. A 
 poursuivant was, therefore, a messenger of 
 the king. 
 
 POURVEYANCE (Law Fr. and Eng.; 
 from Fr. pourvoire, to provide). In old 
 English law. The providing corn (grain), 
 fuel, victual, and other necessaries for the 
 king's house. Cowell. See "Purveyance." 
 
 POURVEYOR (from Fr. pourvoire, to 
 provide). In old English law. An officer 
 of the king or queen, or other great person- 
 
POUSTIE, or POISTEE 
 
 788 
 
 POYNINGS' LAWS 
 
 age, that provided corn (grain) and other 
 victual for their house. Cowell. See "Pur- 
 veyor." 
 
 POUSTIE, or POISTEE (Scotch). In 
 Scotch law. Power. 1 Pitc. Grim. Tr. pt. 
 1, p. 162. See "Liege Poustie." A word 
 formed from the Latin potestas. 
 
 POVERTY AFFIDAVIT. A term used In 
 a few states for an affidavit in forma pau- 
 peris. See "In Forma Pauperis." 
 
 POWER. The right, ability, or faculty of 
 ■ doing something. 
 
 An authority by which one person en- 
 ables another to do some act for him. 2 
 Lilly, Abr. 339. 
 
 In a more technical sense, an authority 
 vested in one person to dispose of an estate 
 which is vested in another. 
 
 (1) Inherent powers are those which 
 are enjoyed by the possessors of natural 
 right, without having been received from 
 another. Such are the powers of a people 
 to establish a form of government, of a 
 father to control his children. Some of 
 these are regulated and restricted in their 
 exercise by law, but are not technically 
 considered in the law as powers. 
 
 (2) Derivative powers are those which 
 are received from another. This division 
 includes all the powers technically so called. 
 They are of the following classes: 
 
 a) Naked, being a right of authority 
 disconnected from any interest of the donee 
 in the subject matter. 3 Hill (N. Y.) 365. 
 
 (b) Coupled with an interest, being a 
 right or authority to do some act, together 
 with an interest in the subject on which the 
 power is to be exercised, Marshall, C. J., 
 8 Wheat. (U. S.) 203. 
 
 A power of this class survives the person 
 creating it, and, in case of an excess in 
 execution, renders the act valid so far as 
 the authority extends, leaving it void as to 
 the remainder only. It includes powers of 
 sale conferred on a mortgagee. 
 
 Powers under the Statute of Uses. 
 
 An authority enabling a person, through 
 the medium of the statute of uses, to dis- 
 pose of an interest in real property, vested 
 either in himself or another person. 52 
 N. Hamp. 271. 
 
 Methods of causing a use, with its accom- 
 panying estate, to spring up at the will of 
 a given person. Williams, Real Prop. 245; 
 2 Washb. Real Prop. 300. 
 
 The right to designate the person who is 
 to take a use. Co. Litt. 271b, Butler's note, 
 231, § 3, pi. 4. 
 
 A right to limit a use. 4 Kent, Comm. 
 334. 
 
 An authority to do some act in relation 
 to lands, or the creation of estates therein, 
 or of charges thereon, which the owner 
 granting or reserving such power might 
 himself lawfully perform. Rev. St. N. Y. 
 
 Powers are divided generally into powers 
 of appointment, being those which are to 
 create new estates and powers of revoca- 
 
 tion, which are to divest or abridge an 
 existing estate. But as every appointment 
 must divest an existing estate, the distinc- 
 tion is of doubtful exactness. 
 They are distinguished as: 
 
 (1) Appendant, being those which the 
 donee is authorized to exercise out of the 
 estate limited to him, and which depend 
 for their validity upon the estate which is 
 in him. 2 Washb. Real Prop. 304. A life 
 estate limited to a man, with a power to 
 grant leases in possession, is an example. 
 Hardr. 416; 1 Caines, Cas. (N. Y.) 15; 
 Sugd. (Pow. Ed. 1856) 107; Burton, Real 
 Prop. § 179. 
 
 (2) Collateral, being those in which the 
 donee has no estate in the land. 2 Washb. 
 Real Prop. 305. 
 
 (3) General, being those by which the 
 donee is at liberty to appoint whom he 
 pleases. 
 
 (4) Special, being those in which the 
 donee is restricted to an appointment to or 
 among particular objects only. 2 Washb. 
 Real Prop. 307. 
 
 (5) In gross, being those which give a 
 donee, who has an estate in the land, au- 
 thority to create such estates only as will 
 not attach on the interest limited to him, 
 or take effect out of his own interest. 2 
 Cow. (N. Y.) 236; White & T. Lead. Cas. 
 293; Watk. Conv. 260. 
 
 (6) Beneficial, when by its terms no 
 person other than the donee has any in- 
 terest in its execution. See "Beneficial 
 Power." 
 
 (7) In trust, when any person or class 
 of persons is designated to receive the 
 benefit. 
 
 Designation of Parties. The person 
 
 bestowing a power is called the "donor;" 
 the person on whom it is bestowed is called 
 the "donee;" the person who receives the 
 estate by appointment of the donee is called 
 the "appointee." When referred to in con- 
 nection with the appointee, the donee is 
 sometimes called the "appointor." 
 
 By statute in New York, the term "gran- 
 tor of a power" is used to denote the person 
 by whom a power is created, and "grantee 
 of a power" to denote the person in whom 
 it is vested. 4 Rev. St. N. Y. § 135, p. 2451. 
 
 POWER OF ATTORNEY. An instrument 
 authorizing a person to act as the attorney 
 in fact of the person granting it. 
 
 A general power authorizes the agent to 
 act generally in behalf of the principal. 
 
 A special power is one limited to particu- 
 lar acts. 
 
 POYNDING. See "Poinding." 
 
 POYNINGS' LAWS. A set of statutes en- 
 acted in the tenth year of Henry VII. (so 
 called from Sir Edward Poynings, being 
 then lord deputy), regulating the method 
 of passing statutes in Ireland. By another 
 of these laws it was provided that all acts 
 of parliament before made in England 
 
P'P'M 
 
 789 
 
 PR AE DIAL 
 
 should be in force within the realm of Ire- 
 land. 1 Bl. Comm. 102, 103. 
 
 P'P'M. A contraction of perpetuum. 1 
 Inst. Cler. 11. 
 
 PRACTICA. (L. Lat.) Practice; the prac- 
 tice of a court. Gierke's Prax. Cur. Adm. 
 tit. 42. 
 
 PRACTICAL CONSTRUCTION. 
 
 Of a Statute. One determined by 
 
 long-established procedure under it, to 
 which deference will be paid by the courts 
 in interpreting the statute, if possible, 
 without doing violence to its terms. 16 
 Ohio, 559; 49 Mo. 404; 93 111. 191. 
 
 Of a Contract. That given to the con- 
 tract by the parties, and under which they 
 acted in performing it. Such an interpre- 
 tation will be effectuated by the court, if 
 possible. 76 U. S. 50; 80 U. S. 608; 41 
 Minn. 308; 41 Neb. 56; 67 Vt. 1. 
 
 PRACTICAL LOCATION. Mutual acqui- 
 escence in a known boundary line for a 
 long period of time. 47 Barb. (N. Y.) 287. 
 
 PRACTICE. The form, manner, and or- 
 der of conducting and carrying on suits or 
 prosecutions in the courts through their 
 various stages, according to the principles 
 of law and the rules laid down by the re- 
 spective courts. 
 
 PRACTICE COURT. In English law. A 
 court attached to the court of king's bench, 
 which hears and determines common mat- 
 ters of business and ordinary motions for 
 writs of mandamus, prohibition, etc. 
 
 It was formerly called the "bail court." 
 It is held by one of the puisne justices of 
 the king's bench. 
 
 PRACTICES. A succession of acts of a 
 similar kind, or in a like employment. Web- 
 ster. 
 
 PRACTICKS. In Scotch law. The deci- 
 sions of the court of session, as evidence of 
 the practice or custom of the country. Bell, 
 Diet. 
 
 PRAEBENDA (Law Lat.) In old English 
 law. A prebend. Bracton, fol. 442b; Fleta, 
 lib. 2, c. 54, § 10; Id. c. 69, § 3. 
 
 An allowance of fodder for horses and 
 cattle. Fleta, lib. 2, c. 76, § 8. 
 
 PRAECEPTORES (Lat.) Heretofore mas- 
 ters in chancery were so called, as having 
 the direction of making out remedial writs. 
 Fleta, 76; 2 Reeve, Hist. Eng. Law, 251. A 
 species of benefice, so called from being 
 possessed by the principal templars (prae- 
 eeptores templi), whom the chief master 
 by his authority created. 2 Mon. Angl. 
 643. 
 
 PRAECEPTORIES. A kind of feudal ben- 
 efices; so called because they were pos- 
 sessed by the more eminent templars, whom 
 the chief master by his authority created 
 
 and called Praeceptores Templi. 2 Mon. 
 Angl. 543. 
 
 PRAECIPE, or PRECIPE (Lat.) A slip of 
 paper upon which the particulars of a writ 
 are written. It is lodged in the office out 
 of which the required writ is to issue. 
 Wharton. 
 
 PRAECIPE IN CAPITE. A writ of chan- 
 cery which lay (in case of his deforce- 
 ment) for a tenant holding of the crown 
 in capite, viz., in chief. Magna Charta, 
 c. 24. 
 
 PRAECIPE QUOD REDDAT (Lat.) Com- 
 mand him to return. An original writ, of 
 which praecipe is the first word, command- 
 ing the person to whom it is directed to do 
 a thing, or to show cause why he has not 
 done it. 3 Bl. Comm. 274; Old Nat. Brev. 
 13. It is as well applied to a writ of right 
 as to other writs of entry and possession. 
 
 PRAECIPE QUOD TENEAT CONVEN- 
 tionem. The writ which commenced the ac- 
 tion of covenant in fines. Abolished by 3 
 & 4 Wm. IV. c. 74. 
 
 PRAECIPITIUM. The punishment of cast- 
 ing headlong from some high place. 
 
 PRAECIPUT CONVENTIONNEL. In the 
 French law, under the regime en commun- 
 aute, when that is of the conventional kind, 
 if the surviving husband or wife is entitled 
 to take any portion of the common property 
 by a paramount title, and before partition 
 thereof, this right is called by the some- 
 what barbarous title of the conventional 
 praeciput, from prae, before, and eapere, 
 to take. Brown. 
 
 PRAECO (Lat.) 
 
 In Roman Law. A herald or crier. 
 
 Adams, Rom. Ant. 189, 190. 
 
 in Later Practice. The crier of a 
 
 court. Bac. Works, iv. 316. 
 
 PRAECOGNITA. Things to be previously 
 known in order to the understanding of 
 something which follows. 
 
 PRAEDA BELLICA (Lat.) Booty; prop- 
 erty seized in war. 
 
 PRAEDIA (Lat.) In civil law. Lands. 
 
 Praedia urbana, those lands which have 
 buildings upon them and are in the city. 
 
 Praedia rustica,, those lands which are 
 without buildings or in the country. Vocat. 
 
 It indicates a more extensive domain 
 than fundus. Calv. Lex. 
 
 PRAEDIA STIPENDIARIA. In the civil 
 law, provincial lands belonging to the 
 people. 
 
 PRAEDIA TRIBUTARIA. In the civil law, 
 provincial lands belonging to the emperor. 
 
 PRAEDIAL. That which arises immedi- 
 ately from the ground; as, grain of all 
 
PRAEDIAL SERVITUDE 
 
 790 
 
 PRAEPOSITUS 
 
 sorts, hay, wood, fruits, herbs, and the 
 like; as praedial tithes. 2 Bl. Comm. 23. 
 
 PRAEDIAL (or PREDIAL) SERVITUDE. 
 A right which is granted for the advantage 
 of one piece of land over another, and 
 which may be exercised by every possessor 
 of the land entitled against every possessor 
 of the servient land. It always presup- 
 poses two pieces of land (praedia) belong- 
 ing to different proprietors; one burdened 
 with the servitude, called "praedium serv- 
 iens," and one for the advantage of which 
 the servitude is conferred, called "praedium 
 dominans." Mackeld. Civ. Law, §306; 
 Inst. 2. 3; Dig. 8. 1-6. 
 
 PRAEDIAL TITHES. Arising out of or 
 from land. Natural products not princi- 
 pally produced by care and nurture, as 
 corn, grass, hops, wood. 2 Bl. Comm. 24. 
 
 PRAEDICTUS, PRAEDICTA, or PRAE- 
 dictum (Lat.) In old pleading. Aforesaid. 
 Abbreviated in old entries praed., praedict., 
 p'dc'us, etc. Hob. 117; 10 Coke, 65. 
 
 Of the three words, idem, praedictus, and 
 praefatus (all corresponding to the Eng- 
 lish aforesaid), idem, was most usually ap- 
 plied to plaintiffs or demandants; praedic- 
 tus, to defendants or tenants, places, 
 towns, or lands; and praefatus, to persons 
 named, not being actors or parties. Towns. 
 PI. 15. 
 
 PRAEDIUM DOMINANS (Lat. the ruling 
 estate). In civil law. The name given to 
 an estate to which a servitude is due. It is 
 called the ruling estate. 
 
 PRAEDIUM RUSTICUM (Lat. a country 
 estate). In civil law. By this is under- 
 stood all heritages which are not destined 
 foi: the use of man's habitation; such, for 
 example, as lands, meadows, orchards, gar- 
 dens, woods, even though they should be 
 within the boundaries of a city. 
 
 PRAEDIUM SERVIENS (Lat.) In civil 
 law. The name of an estate which suffers 
 or yields a service to another estate, 
 
 PRAEDIUM URBANUM (Lat.) In civil 
 law. By this term is understood buildings 
 and edifices intended for the habitation and 
 use of man, whether they be built in cities 
 or whether they be constructed in the coun- 
 try. 
 
 PRAEDO (Lat.) In Roman law. A rob- 
 ber. See Dig. 50. 17. 126. 
 
 PRAEFATUS. In old pleadings. Afore- 
 said. Sometimes abbreviated to praefat. 
 and p. fat. See "Praedictus." 
 
 PRAEFECTUS (Lat.) 
 
 In the Roman Law. A chief officer; a 
 
 governor or commander. The tilte of va- 
 rious officers and magistrates. Dig. 1. 11; 
 Id. 1. 12; Id. 1. 15; Code, 1. 28; Calv. Lex. 
 
 In Old English Law. The chief officer 
 
 of a hundred, and other divisions. Spelman, 
 voc. "Praepositus." 
 
 PRAEFECTUS VIGILIUM (Lat.) In Ro- 
 man law. The chief officer of the night 
 watch. His jurisdiction extended to certain 
 offenses affecting the public peace, and even, 
 to larcenies; but he could inflict only sUght 
 punishments, 
 
 PRAEFINE. The fee paid on suing out 
 the writ of covenant, on levying fines, before 
 the fine was passed. 2 Bl. Comm. 350. 
 
 PRAEJUDICIALIS (Lat. from prae, be- 
 fore, and judicq/re, to judge). In the civil 
 law. That which is to be predetermined, or 
 decided before something else. See "Actio 
 Praejudicialis." 
 
 PRAEJUDICIUM (Law Lat.) In old Eng- 
 lish law. Prejudice; detriment; disparage- 
 ment. Bracton, fol. 19. Sine praejudieio 
 melioris sententiae, without prejudice to the 
 better opinion. Id. fol. 48. A common 
 phrase used by Bracton, when expressing 
 his own opinion on any point. 
 
 PRAEJURAMENTUM (Law Lat.) In old 
 English law, A preparatory oath, 
 
 PRAEMIUM (Lat.) Reward; compensa- 
 tion. Praemium assecurationis, compensa- 
 tion for insurance; premium of insurance. 
 Locc. de Jur. Mar. lib. 2, c. 5, § 6. Now used 
 in the law of insurance, in the form "pre- 
 mium," as a common English word. 
 
 PRAEMIUM PUDICITIAE (Lat.) The 
 price of chastity; or compensation for loss 
 of chastity. A term applied to bonds and 
 other engagements given for the benefit of a 
 seduced female. Sometimes called premium 
 pudoris. 2 Wils. 389, 340, 
 
 PRAEMUNIRE (Lat.) In order to pre- 
 vent the pope from assuming the supremacy 
 in granting ecclesiastical livings, a number 
 of statutes were made in England, during 
 the reigns of Edward I. and his successors, 
 punishing certain acts of submission to the 
 papal authority therein mentioned. In the 
 writ for "the execution of these statutes, the 
 words praemunire facias, being used to com- 
 mand a citation of the party, gave not only 
 to the writ, but to the offense itself of main- 
 taining the papal power, the name of prae- 
 munire. Co. Litt. 129; Jacob, 
 
 PRAENOMEN (Lat.) Forename, or first 
 name. The first of the three names by which 
 the Romans were commonly distinguished. 
 It marked the individual, and was commonly 
 written with one letter; as A, for Aulus; C. 
 for Caius, etc. Adams, Rom. Ant. 85. See 
 Fleta, lib. 4, c. 10, § 9; Butler, Hor. Jur. 28, 
 
 PRAEPOSITUS. An officer next in author- 
 ity to the alderman of a hundred called 
 praepositus regius; or a steward or bailiff 
 of an estate, answering to the wicnere. 
 
PRAEPOSITUS ECCLESIAE 
 
 7»1 
 
 PRAESUMPTIO JURIS 
 
 Also the person from whom descents are 
 traced under the old canons. 
 
 One who was set over others; a presiding 
 officer. 
 
 PRAEPOSITUS ECCLESIAE. A church 
 reeve, or warden. Spelman. 
 
 PRAEPOSITUS VILLAE. A constable of 
 a town, or petty constable. 
 
 PRAEPROPERA CONSILIA, RARO 
 
 sunt prospera. Hasty counsels are seldom 
 prosperous. 4 Inst. 57. 
 
 PRAEROGATIVA REGIS. (L. Lat.) In 
 old English law. The king's prerogative. 
 Crabb's Hist. 204. 
 
 PRAESCRIPTIO (Lat.) In the civil law. 
 That mode of acquisition whereby one be- 
 comes proprietor of a thing on the ground 
 that he has for a long time possessed it as 
 his own; prescription. Dig. 41. 3; 1 Mack- 
 eld. Civ. Law, p. 290, § 276. It was an- 
 ciently distinguished from "usueapio," {q. 
 v.), but was blended with it by Justinian. 
 Heinec. Elem. Jur. Civ. lib. 2, tit. 6, § 438. 
 
 PRAESCRIPTIO EST TITULUS EX USU 
 et tempore substantiam capiens ab auctori- 
 tate legis. Prescription is a title by au- 
 thority of law, deriving its force from use 
 and time. Co. Litt. 113. 
 
 PRAESCRIPTIO ET EXECUTIO NGN 
 pertinent ad valorem contractus, sed ad 
 tempus et modum actionis instituendae. 
 Prescription and the execution of a contract 
 do not affect the validity of the contract, but 
 the time and manner of bringing an action. 
 3 Mass. 84; 3 Johns. Ch. (N. Y.) 190, 219. 
 
 PRAESCRIPTIONES. In Roman law. 
 Forms of words (of a qualifying character) 
 inserted in the formulae in which the claims 
 in actions were expressed, and, as they oc- 
 cupied an early place in the formulae, they 
 were called by this name, i. e., qualifications 
 preceding the claim. For example, in an 
 action to recover the arrears of an annuity, 
 the claim was preceded by the words "so far 
 as the annuity is due and unpaid," or words 
 to the like effect (cujus rei dies fuit). 
 Brown. 
 
 PRAESENTARE NIHIL ALIUD EST 
 quam praesto dare seu offerre. To present 
 is no more than to give or offer on the spot. 
 Co. Litt. 120. 
 
 PRAESENTIA CORPORIS TOLLIT ER- 
 rorem nominis, et Veritas nominis tollit er- 
 rorem demonstratlonis. The presence of the 
 body cures the error in the name ; the truth 
 of the name cures an error in the descrip- 
 tion. Bac. Max. reg. 25; Broom, Leg. Max. 
 (3d London Ed.) 568; 6 Coke, 66; 3 Barn. 
 & Adol. 640; 6 Term R. 675; 11 C. B. 996; 
 1 H. L. Cas. 792; 3 De Gex, M. & G. 140. 
 
 PRAESES (Lat.) In the Roman law. A 
 president, or governor. Dig. 1. 18. 1. Called 
 
 a nomen generate, including proconsuls, 
 legates, and all who governed provinces. Id. 
 
 PRAESIDIUM (Lat.) In the civil law. A 
 guard; a fortress; a defense, aid, or shelter. 
 
 In records of the middle ages, all house- 
 hold stuff or effects, including particularly 
 gold and silver. Spelman. Every kind of 
 property, real as well as personal {Omnis vis 
 bonorum, tarn, immobilium quam, mobilium). 
 Id. 
 
 PRAESTARE (Lat.) 
 
 In Old English Law. To pay, or 
 
 render; to make or execute; to perform. 
 Praestitit sacramentum, made oath, or took 
 an oath. T. Raym. 34; 2 Ld. Raym. 1376; 
 Mem. in Scacc. P. 16 Edw. I. 
 
 To make good. Praestare tenetur quod- 
 cunque damnum ohveniens in mari, the in- 
 surer is bound to make good any loss hap- 
 pening on the sea. 3 Kent, Comm. 291. 
 
 In Old European Law. To lease, or 
 
 let to farm. Chart. Alaman. 75; Spelman. 
 
 PRAESTAT CAUTELA QUAM MEDELA. 
 
 Prevention is better than cure. Co. Litt. 
 304. 
 
 PRAESUMATUR PRO JUSTITIA SEN- 
 tentiae. The justice of a sentence should be 
 presumed. Best, Ev. Introd. 42 ; Mascardus 
 de Prob. Cone. 1237, note 2. 
 
 PRAESUMITUR PRO LEGITIMATIONE. 
 Legitimacy is to be presumed. S Coke, 98b; 
 1 Bl. Comm 457. 
 
 PRAESUIVIITUR PRO NEGANTE. It is 
 presumed for the negative. The rule of the 
 house of lords when the numbers are equal 
 on a motion. Wharton. 
 
 PRAESUMPTIO, EX EO QUOD PLER- 
 umque fit. Presumptions arise from what 
 generally happens. 22 Wend. (N. Y.) 425, 
 475. 
 
 PRAESUMPTIO FORTIOR (Lat.) A 
 strong (literally, stronger) presumption (of 
 fact). One which determines the tribunal 
 in its belief of an alleged fact, without, how- 
 ever, excluding the belief of the possibility 
 of its being otherwise; the effect of which 
 is to shift the burden of proof to the oppo- 
 site party, and if this proof be not made, 
 the presumption is held for truth. Hub. 
 Prael. J. C. lib. 22, tit. 3, note 16; Burrill, 
 Circ. Ev. 66. 
 
 PRAESUMPTIO HOMINIS (Lat.) The 
 presumption of the man or individual; that 
 is, natural presumption unfettered by strict 
 rule. Heinec. ad Pand. par. 4, § 124. 
 
 PRAESUMPTIO JURIS (Lat.) In Roman 
 law. A deduction from the existence of one 
 fact as to the existence of another which ad- 
 mits of proof to the contrary. A rebuttable 
 presumption. An intendment of law which 
 holds good until it is weakened by proof or 
 a stronger presumption. Best, Pres. 29. 
 
PHAfeSUMPtlO JURIS 
 
 792 
 
 t>EEAM6LE 
 
 PRAESUMPTIO JURIS ET DE JURE 
 (Lat.) In Roman law. A deduction drawn, 
 by reason of some rule of law, from the ex- 
 istence of one fact as to the existence of an- 
 other, so conclusively that no proof can be 
 admitted to the contrary. A conclusive pre- 
 sumption. 
 
 PRAESUMPTIO VIOLENTA, PLENA 
 probatio. Violent presumption is full proof. 
 
 PRAESUMPTIO VIOLENTA VALET IN 
 lege. Strong presumption avails in law. 
 Jenk. Cent. Cas. 58. 
 
 PRAESUMPTIONES SUNT CONJECTU- 
 rae ex signo verisimill ad probandum as- 
 sumptae. Presumptions are conjectures 
 from probable proof, assumed for purposes 
 of evidence. J. Voct. Com. ad Pand. lib. 22, 
 tit. 3j note 14. 
 
 PRAETEXTU LICITl NON DEBET AD- 
 mitti illicltum. Under pretext of legality, 
 what is illegal ought not to be admitted. 
 10 Coke, 88. 
 
 PRAETOR. In Roman law. A municipal 
 officer of Rome, so called because {praeiret 
 populo) he went before or took precedence 
 of the people. 
 
 The consuls were at first called praetors. 
 Liv. Hist. iii. 55. He was a sort of minister 
 of justice, invested with certain legislative 
 powers, especially in regard to the forms or 
 formalities of legal proceedings. Ordinarily, 
 he did not decide causes as a judge, but pre- 
 pared the grounds of decision for the judge, 
 and sent to him the questions to be de- 
 cided between the parties. The judge was 
 always chosen by the parties, either directly, 
 or by rejecting, under certain rules and lim- 
 itations, the persons proposed to them by 
 the praetor. _ Hence the saying of Cicero 
 (pro Cluentis, 43) that no one could be 
 judged except by a judge of his own choice. 
 There were several kinds of officers called 
 praetors. See Vicat. 
 
 Before entering on his functions, he pub- 
 lished an edict announcing the system adopt- 
 ed by him for the application and interpreta- 
 tion of the laws during his magistracy. His 
 authority extended over all jurisdictions, 
 and was summarily expressed by the words 
 do, dico, addico, i. e., do, I give the action; 
 dico, I declare the law, I promulgate the 
 edict; addico, I invest the judge with the 
 right of judging. There were certain cases 
 which he was bound to decide himself, as- 
 sisted by a council chosen by himself, — ^per- 
 haps the decemvirs; but the greater part of 
 causes brought before him he sent either to 
 a judge, an arbitrator, or to recuperators 
 {recuperatores) , or to the centumvirs, as be- 
 fore stated. Under the empire, the powers 
 of the praetor passed by degrees to the pre- 
 fect of the praetorium, or the prefect of the 
 city, so that this magistrate, who at first 
 ranked with the consuls, at last dwindled in- 
 to a director or manager of the public spec- 
 tacles or games. 
 
 Till lately, there were officers in, certain 
 cities of Germany denominated praetors. See 
 1 Kent, Comm. 528. 
 
 PRAETOR FIDEI COMMISSARIUS 
 (Lat.) In the civil law. A special praetor 
 created to pronounce judgment in cases of 
 trusts or fdei commissa. Inst. 2. 23. 1; 2 
 Story, Eq. Jur. § 966. Called, by Lord 
 Bacon, a "particular chancellor for uses." 
 Bac. Law Tr. 315; 4 Kent, Comm. 290. 
 
 PRAEVARICATOR (Lat.) In the civil 
 law. One who betrays his trust, or is un- 
 faithful to his trust. An advocate who aids 
 the opposite party by betraying his client's 
 cause. Dig. 47. 15. 1. Used in Spanish 
 law. Las Partidas, pt. 3, tit. 6, lib. 15. 
 
 PRAEVENTO TERMINO. In old Scotch 
 practice. A form of action known in the 
 forms of the court of session, by which a 
 delay to discuss a suspension or advocation 
 was got the better of. Bell, Diet. 
 
 PRAGMATIC SANCTION. 
 
 In French Law. An expression used 
 
 to designate those ordinances which concern 
 the most important object of the civil or ec- 
 clesiastical administration. Merlin, Repert.; 
 1 Fournel, Hist, de Avocats, 24, 38, 39. 
 
 In Civil Law. The answer given by 
 
 the emperors on questions of law, when con- 
 sulted by a corporation or the citizens of a 
 province or of a municipality, was called a 
 "pragmatic sanction." Lee. Elm. § 53. This 
 differed from a "rescript." 
 
 PRAGMATICA (Spanish). In Spanish co- 
 lonial law. An order emanating from the 
 sovereign, and differing from a cedula only 
 in form and in the mode of promulgation. 
 Schmidt, Civ. Law, Introd. 93, note. 
 
 PRAXIS JUDICUM EST INTERPRES LE- 
 gum. The practice of the judges is the in- 
 terpreter of the laws. Hob. 96; Branch. 
 Princ. 
 
 PRAY IN AID. In old English practice. ^ 
 To call upon for assistance. In real actions, 
 the tenant might pray in aid or call for 
 assistance of another, to help him to plead, 
 because of the feebleness or imbecility of 
 his own estate. 3 Bl. Comm. 300. See 
 "Aid Prayer." 
 
 PRAYER. In equity practice. The re- 
 quest in a bill that the court will grant the 
 aid which the petitioner desires. That part 
 of the bill which asks for relief. The word 
 denotes, strictly, the request, but is very 
 commonly applied to that part of the bill 
 which contains the request. 
 
 PREAMBLE. An introduction prefixed to 
 a statute, reciting the intention of the legis- 
 lature in framing it, or the evils which led 
 to its enactment. 
 
 A preamble is said to be the key of a 
 statute, to open the minds of the makers 
 as to the mischiefs which are to be rem- 
 edied, and the objects which are to be ac- 
 
PREAPPOINTED EVIDENCE 
 
 793 
 
 PRECATORY TRUST 
 
 complished, by the provisions of the statute. 
 4 Inst. 330; 6 Pet. (U. S.) 301. In modern 
 legislative practice, preambles are much 
 less used than formerly, and in some of 
 the United States are rarely, if ever, now 
 inserted in statutes. In the interpretation 
 of a statute, though resort may be had to 
 the preamble, it cannot limit or control the 
 express provisions of the statute. Dwarr. 
 St. 504-508. Nor can it by implication en- 
 large what is expressly fixed. 1 Story, 
 Const, bk. 3, c. 6; 3 McCord (S. C.) 298; 
 15 Johns. (N. Y.) 89; Busb. (N. C.) 131; 
 2 Ware (U. S.) 38. 
 
 PREAPPOINTED EVIDENCE. Evidence 
 whose nature and quantity are prescribed 
 beforehand by law, as for the attestation of 
 wills. 
 
 PREAUDIENCE. The right of being 
 heard before another. A privilege belong- 
 ing to the English bar, the members of 
 which are entitled to be heard in their 
 order, according to rank, beginning with 
 the queen's attorney general, and ending 
 with barristers at large. 3 Bl. Comm. 28, 
 note; 3 Steph. Comm. 387, note. 
 
 PREBEND. In ecclesiastical law. The 
 stipend granted to an ecclesiastic, in con- 
 sideration of officiating in the church. It 
 is in this distinguished from a "canonicate," 
 which is a mere title, and may exist with- 
 out stipend. The prebend may be a simple 
 stipend, or a stipend with a dignity at- 
 tached to it, in which case it has some 
 jurisdiction belonging to it. 2 Burn, Ecc. 
 Law, 88; Strange, 1082; 1 Term R. 401; 
 2 Term R. 630; 1 Wils. 206; Dyer, 273a; 
 7 Barn. & C. 113; 8 Bing. 490; 5 Taunt. 2. 
 
 PREBENDARY (Lat. praebendarius, from 
 praebenda). In English ecclesiastical law. 
 One that has a prebend (g. v.) Cowell. 
 The stipendiary of a cathedral or collegiate 
 church. Webster. 
 
 PRECARIOUS RIGHT. The right which 
 the owner of a thing transfers to another, 
 to enjoy the same until it shall please the 
 owner to revoke it. 
 
 If there is a time fixed during which the 
 right may be used, it is then vested for 
 that time, and cannot be revoked until after 
 its expiration. Wolff. Inst. § 333. 
 
 PRECARIUM (Lat.) The name of a con- 
 tract among civilians, by which the owner 
 of a thing, at the request of another person, 
 gives him a thing to use as long as the 
 owner shall please. Poth. note 87. See 
 Yelv. 172; Cro. Jac. 236; 9 Cow. (N. Y.) 
 687; Rolle, 128; Bac. Abr. "Bailment" (C) ; 
 Ersk. Inst. 3. 1. 9; Wolflf. Inst. § 333. 
 
 A tenancy at will is a right of this kind. 
 
 PRECARIAE, or PRECES (Law Lat.) In 
 old English law. Days' works, which the 
 tenants of some manors were bound, by 
 reason of their tenure, to do for the lord 
 in harvest. Vulgarly called "bind days," 
 
 which Spelman supposes to be a corruption 
 of "biden days," which in Saxon, answered 
 to dies precariae (literally, pray days, or 
 praiyed days), the Saxon biden signifying 
 to pray. Spelman; Cowell. 
 
 PRECATORY TRUST. A trust created 
 by certain words which are more like words 
 of entreaty and permission than of com- 
 mand or certainty. Words of entreaty when 
 coupled with discretionary words, 15 L. J. 
 Ch. 182; 20 L. J. Ch. 280i 17 Bea. 156; 18 
 Bea. 215; L. R. 4 Eq. 151, 4 Ch. D. 238, 40 
 L. J. Ch. 447. 6 Ch. 597, or with an abso- 
 lute gift do not create such trust. E. g., 
 "They are hereby enjoined to take care of 
 my nephew J. J. as may seem best in the 
 future," 55 L. J. Ch. 418; "feeling confident 
 that she will act justly," 51 L. J. P. C. 72, 
 7 App. Ca. 321 ; "agreeably to my wishes," 
 46 L. J. Ch. 880, 5 Ch. D. 225, 36 L. T. 
 498. Examples of such words, which the 
 courts have held sufficient to constitute a 
 trust, are "having full confidence, I hereby 
 request," 59 Wis. 172; "recommend and re-. 
 quest," 127 U. S. 300; "request," 82 N. Y. 
 405; "hope and trust," 109 U. S. 725; "ad- 
 vise him to settle," 5 L. J. Ch. 98; "well 
 assured," 1 Atk. 389, 1 Amb. 520; "have 
 full assurance and confident hope," 17 Bea. 
 299; "authorise and empower", 4 Ves. 708, 
 5 lb. 495, 8 lb. 561, 18 lb. 192, 11 L. J. Ch. 
 219, 5 Bea. 241; "beg," Ir. Rep. 7 Eq. 456; 
 "in the full belief," W. N. (75) 140; "most 
 heartily beseech," 1 Sim. 553; "confide," 
 11 L. J. Ch. 219, 5 Bea. 241, 2 J. & H. 766; 
 "have the fullest confidence," 32 Bea. 143, 
 60 L. T. 140; 17 Ves. 255, 19 lb. 299, 21 
 L. J. Ch. 625; 2 Sim. N. S. 267. Where 
 the words expressing "confidence" are pre- 
 ceded by an absolute gift. 52 L. J. Ch. 
 758, 24 Ch. D. 199, 6 Ch. 597; 8 Ch. D. 
 540, 51 L. J. P. C. 72, 7 App. Ca. 321. 
 
 "In consideration the legatee has prom- 
 ised to give," 1 Amb. 519; "under the firm 
 conviction," 26 L. J. Ch. 92, 2 Jur. N. S. 
 1127; "of course the legatee will give," 6 
 Mad. 194, 2 My. & K. 198; "desire," 1 Atk. 
 469, Amb. 4, 2 Vern. 708, 3 Ves. 7, 9 Ves. 
 319; "do not doubt," 18 Ves. 476, 2 V. & B. 
 378; "entreat," 2 Mad. 458, 1 Sim. 553, 
 555; "hope," 1 Bro. C. C. 142, L. R. 4 Eq. 
 151; "well know," 7 L. J. Ch. 268, 9 Sim. 
 323, 1 Bro. C. C. 489, 3 Mac. & G. 546, 46 
 L. J. Ch. 880, 36 L. T. 498; "order and 
 direct," 2 Sch. & Lef. 189; "recommend," 
 Jac. 317, 19 Ves. 656, 1 S. & S. 387, 8 Ves. 
 280, 3 Ves. 150, 1 Sim. 553, 2 Hogan 166, 
 14 Sim. 590, 18 Bea. 215, 15 Sim. 33. 
 
 That "recommend" may amount to a com- 
 mand and create a binding trust is certain. 
 It is equally certain that the word is sus- 
 ceptible of a different interpretation. It 
 must depend upon the language of the par- 
 ticular instrument in which this word is 
 found, in which of the two senses it is to 
 be taken, 17 L. J. Ch. 438, 2 D. G. & S. 
 356; "request," 2 Bro. C. C. 38, 3 Ir. Ch. 
 Rep. 26, Johns. 276; "trusting," 38 L. J. 
 Ch. 635, L. R. 8 Eq. 673; "trusting and 
 
PRECATORY WORDS 
 
 794 
 
 PRE-EMPTION 
 
 confiding," 5 L. J. Ch. 361, 6 lb. 366, 2 My. 
 & C. 684, 12 Sim. 114; "wiU," Pr. Ch. 200, 
 
 1 Vern. 411; "will and declare," 11 Ir. Ch. 
 Rep. 218; "will and desire," 3 V. & B. 198; 
 "wish and desire," 29 L. J. Ch. 619, 28 
 Bea. 266; "wish and request," 5 Sim. 138, 
 
 2 My. & K. 138. 
 
 But any of the foregoing or similar 
 phrases might easily be controlled the other 
 way by a context, 52 L. J. Ch. 761, 24 Ch. 
 D. 199 ; and at the present time, the courts 
 are not disposed to enlarge the number of 
 such phrases, so as to create a trust. 2 
 Pom. Eq. Jur. § 1016. 
 
 PRECATORY WORDS. Words which cre- 
 ate a precatory trust (g. v.) 
 
 PRECEDENCE, PATENT OF. In English 
 law. A grant from the crown to such bar- 
 risters as it thinks proper to honor with that 
 mark of distinction, whereby they are enti- 
 tled to such rank apd preaudience as are 
 assigned in their respective patents. 3 
 Steph. Comm. 274. 
 
 PRECEDENT CONDITION. A precedent 
 condition is one which must be performed 
 before the estate can vest. 260 111. 102. See 
 "Condition." 
 
 PRECEDENTS. Authorities to be fol- 
 lowed in courts of justice. A term particu- 
 larly applied to judicial decisions upon 
 points of law arising in any given case. 1 
 Kent, Comm. 475, 476. These are recognized 
 in equity as well as at law. 1 Story, Eq. 
 Jur. § 18. The old books are full of ex- 
 pressions in support of precedents. Jenk. 
 Cent. Cas. viii. See "Stare Decisis." 
 
 Written forms of proceedings which have 
 been approved by the courts, or by long pro- 
 fessional usage, and are to be (usually 
 strictly) followed. Steph. PI. 392. Lord 
 Bacon observes that there are political as 
 well as legal precedents. Bac. Works, iv. 
 354, 
 
 PRECEPT (Lat. precipio, to command). 
 A writ directed to the sheriif, or other of- 
 ficer, commanding him to do something, 
 
 PRECEPT OF CLARE CONSTAT. In 
 
 Scotch feudal law. An acknowledgment by 
 the lord of the right of an heir of the tenant 
 to succeed to his right, 
 
 PRECES (Lat.) In the Roman law. Pray- 
 ers. One of the names of an application to 
 the emperor, Tayl. Civ. Law, 230. 
 
 PRECINCT. 
 
 In English Law. The district for 
 
 which a high or petty constable is appointed. 
 Wilcox, Const, xii. 
 
 In American Law, A district, usually 
 
 of a subordinate character, marked out for 
 governmental purpose. See 113 U. S. 516; 
 124 Mass, 172. 
 
 PRECIPE. See "Praecipe." 
 
 PRECIPUT. In French law. An object 
 which is ascertained by law or the agree- 
 ment of the parties, and which is first to be 
 taken out of property held in common, by 
 one having a right, before a partition takes 
 place. 
 
 The preciput is an advantage or a princi- 
 pal part to which some one is entitled prae- 
 cipium jus, which is the origin of the word 
 preciput, Dalloz; Poth. Obi. By preciput 
 is also understood the right to sue out the 
 preciput. 
 
 PRECLUDl NON (Lat.) In pleading. A 
 technical allegation contained in a replica- 
 tion which denies or confesses and avoids 
 the plea. 
 
 It is usually in the following form : "And 
 the said A, B., as to the plea of the said C. 
 D., by him secondly above pleaded, says that 
 he, the said A. B., by reason of anything by 
 the said C. D. in that plea alleged, ought not 
 to be barred from having and maintaining 
 his aforesaid action thereof against the said 
 C. D., because he says that," etc, 2 Wils, 
 42; 1 Chit. PI. 573, 
 
 PRECOGNITION. In Scotch law. The ex- 
 amination of witnesses who were present at 
 the commission of a criminal act, upon the 
 special circumstances attending it, in order 
 to know whether there is ground for a trial, 
 and to serve for direction to the prosecutor. 
 But the persons examined may insist on hav- 
 ing their declaration cancelled before they 
 give testimony at the trial. Ersk. Inst. 4. 
 4. note 49, 
 
 PRECOGNOSCE (Scotch; from Lat. prae- 
 cognoscere) . In Scotch practice. To exam- 
 ine beforehand. Arkley, 232. 
 
 PRECONTRACT. An engagement entered 
 into by a person which renders him unable 
 to enter into another; as, a promise or cove- 
 nant of marriage to be had afterwards. 
 When made per verba de presenti, it is in 
 fact a marriage, and in that case the party 
 making it cannot marry another person. 
 
 PREDECESSOR, One who has preceded 
 another. 
 
 This term is applied in particular to cor- 
 porators who are now no longer such, and 
 whose rights have been vested in their suc- 
 cessor. The word "ancestor" is more usually 
 applicable to common persons. The prede- 
 cessor in a corporation stands in the same 
 relation to the successor that the ancestor 
 does to the heir. 
 
 One who has filled an office or station be- 
 fore the present incumbent. 
 
 PREDIAL SERVITUDE. See "Praedial 
 Servitude." 
 
 PRE-EiVlPTION. In international law. 
 The right of pre-emption is the right of a 
 nation to detain the merchandise of strang- 
 ers passing through her territories or seas, 
 in order to afford to her subjects the prefer- 
 
PRE-EMPTION RIGHT 
 
 795 
 
 PREMISES 
 
 ence of purchase. 1 Chit. Com. Law, 103; 
 2 Bl. Comm. 287. 
 
 This right is sometimes regulated by 
 treaty. In that which was made between 
 the XJnited States and Great Britain, bear- 
 ing date the 19th day of November, 1794, 
 ratified in 1795, it was agreed (article 18), 
 after mentioning that the usual munitions 
 of war, and also naval materials, should be 
 confiscated as contraband, that "whereas the 
 difficulty of agreeing on precise cases in 
 which alone provisions and other articles not 
 generally contraband may be regarded as 
 such renders it expedient to provide against 
 the inconveniences and misunderstandings 
 which might thence arise, it is further 
 agreed that whenever any such articles^ so 
 being contraband according to the existing 
 laws of nations shall for that reason be 
 seized, the same shall not be confiscated, but 
 the owners thereof shall be speedily and 
 completely indemnified; and the captors, or, 
 in their default, the government under 
 whose authority they act, shall pay to the 
 masters or owners of such vessel the full 
 value of all articles, with a reasonable m.er- 
 cantile profit thereon, together with the 
 freight, and also the damages incident to 
 such detention." See Manning, Comm. bk. 
 3, c. 8. 
 
 PRE-EMPTION RIGHT. The right given 
 to settlers upon the public lands of the 
 United States to puirchase them at a lim- 
 ited price, in preference to others. 
 
 PREFECT. In French law. A chief offi- 
 cer invested with the superintendence of the 
 administration of the laws in each depart- 
 ment. Merlin, Repert. 
 
 PREFERENCE. Priority of payment, or 
 right thereto. Preferences may be either 
 involuntary, being the right which a credi- 
 tor obtains by law to be first paid out of 
 the assets of the debtor, as by obtaining 
 a judgment which is a lien on his lands, or 
 voluntary, being the paying or securing to 
 one or more of his creditors by a debtor 
 (usually insolvent) the whole or a part of 
 their claims, to the exclusion of the rest. 
 
 PREFERENCE SHARES. A name some- 
 times given in England to preferred stock. 
 
 PREFERENTIAL ASSIGNMENT. An as- 
 signment for the benefit of creditors, giving 
 preferences (q. v.) 
 
 PREFERRED CREDITOR. One to whom 
 the debtor has given a preference (q. v.), 
 or to whom he has directed that a prefer- 
 ence be given. 
 
 PREFERRED STOCK. Corporate stock 
 entitled to priority in payment of dividends, 
 or to a higher rate of dividends. 
 
 PREGNANCY, PLEA OF. A plea by a 
 Woman under sentence of death, on which, 
 if she be found quick with child, execution 
 is stayed. 4 Bl. Comm. 394. 
 
 PREGNANT. See "Affirmative Preg- 
 nant;" "Negative Pregnant." 
 
 PREJUDICE, (Lat. prae, before, judicare, 
 to judge). A forejudgment. A leaning to- 
 wards one side of a cause formed before the 
 person entertaining the same is called upon 
 to hear and determine the cause. See "Bi- 
 
 PR ELATE. The name of an ecclesiastical 
 officer. There are two orders of prelates — 
 the first is composed of bishops, and the 
 second, of abbots, generals of orders, deans, 
 etc. 
 
 PRELEVEMENT. In French law. The 
 portion which a partner is entitled to take 
 out of the assets of a firm before any di- 
 vision shall be made of the remainder of 
 the assets between the partners. 
 
 The partner who is entitled to a preleve- 
 ment is not a creditor of the partnership, — 
 on the contrary, he is a part owner; for, if 
 the assets should be deficient, a creditor has 
 a preference over the partner. On the other 
 hand, should the assets yield any profit, the 
 partner is entitled to his portion of it, 
 whereas the creditor is entitled to no part 
 of it, but he has a right to charge interest 
 when he is in other respects entitled to it. 
 
 PRELIMINARY. Something which .pre- 
 cedes; as, preliminaries of peace, which are 
 the first sketch of a treaty, and contain the 
 principal articles on which both parties are 
 desirous of concluding, and which are to 
 serve as the basis of the treaty. 
 
 PRELIMINARY ACT. In English admiral- 
 ty practice. A document narrating the par- 
 ticulars of a collision, required to be filed 
 by each solicitor in actions for damages in 
 such collision. Wharton. 
 
 PRELIMINARY INJUNCTION. Some- 
 times called an ad interim injunction. One 
 issued ,at the commencement of a suit, to 
 restrain the commission of some act pend- 
 ing the suit. 
 
 PREMEDITATION. A design formed to 
 commit a crime or to do some other thing 
 before it is done. 
 
 Premeditation differs essentially from 
 "will," which constitutes the crime; because 
 it supposes, besides an actual will, a delib- 
 eration and a continued persistence, which 
 indicate more perversity. 
 
 It is also to be distinguished from "de- 
 liberation." "Premeditation" implies merely 
 previous contrivance or formed design, and 
 does not necessarily exclude acts on a sud- 
 den impulse. "Deliberation" implies reflec- 
 tion upon the act before committing it. 
 Fixed and determined purpose, as distin- 
 guished from sudden impulse. 58 Pa. St. 9. 
 
 PREMISES (Lat. prae, before, mittere, to 
 put, to send). That which is put before; 
 the introduction; statements previously 
 made. See 1 East, 456. 
 
Premium 
 
 796 
 
 tRES 
 
 In Conveyancing. That part of a deed 
 
 ■which precedes the habendum, in which are 
 set forth the names of the parties, with 
 their titles and additions, and in which are 
 recited such deeds, agreements, or matters 
 of fact as are necessary to explain the rea- 
 sons upon which the contract then entered 
 into is founded; and it is here, also, the 
 consideration on which it is made is set 
 down, and the certainty of the thing grant- 
 ed. 2 Bl. Comm. 298; 8 Mass. 174; 6 Conn. 
 289. 
 
 In Equity Pleading. The stating part 
 
 of a bill. It contains a narrative of the 
 facts and circumstances of the plaintiff's 
 case, and the wrongs of which he com- 
 plains, and the names of the persons by 
 whom done, and against whom he seeks re- 
 dress. Cooper, Eq. PL 9; Bart. Suit in Eq. 
 27; Mitf. Eq. PL (Jeremy Ed.) 43; Story, 
 Eq. PL § 27. 
 
 Every material fact to which the plain- 
 tiff intends to offer evidence must be stated 
 in the premises; otherwise, he will not be 
 permitted to offer or require evidence of 
 such fact. 1 Brown, Ch. 94; 3 Swanst. 472; 
 3 P. Wms. 276; 2 Atk. 96; 1 Vern. 483; 11 
 Ves. 240; 2 Hare, 264; 6 Johns. (N. Y.) 
 565; 9 Ga. 148. 
 
 In Estates. Lands and tenements. 1 
 
 East, 453; 3 Maule & S. 169. 
 
 PREMIUM (from Lat. praemium, re- 
 ward). The sum paid or agreed to be paid 
 by an assured to the insurers, as the con- 
 sideration for the insurance; being a cer- 
 tain rate per cent, on the amount insured. 
 1 Phil. Ins. 205; 3 Kent, Comm. 253. 
 
 The price of a risk. 
 
 PREMIUM PUDICITIAE (Lat. the price 
 of chastity). The consideration of a con- 
 tract by which a man promises to pay to a 
 woman with whom he has illicit intercourse 
 a certain sum of money. In the civil law, 
 sometimes applied to the compensation re- 
 covered for loss of chastity. 
 
 PREMUNIRE. See "Praemunire." 
 
 P REN DA. In Spanish law. Pledge. 
 White, New Recop. bk. 2, tit. 7. 
 
 PRENDER, or PRENDRE (Law Pr. to 
 take). This word is used to signify the 
 right of taking a thing before it is offered; 
 hence the phrase of law, "it lies in render, 
 but not in prender." Gale & W. Easem.; 
 Washb. Easem. 
 
 PRENDER DE BARON (Law Fr.) In old 
 English law. A taking of husband; mar- 
 riage. An exception or plea which might 
 be used to disable a woman from pursuing 
 an appeal of murder against the killer of 
 her former husband. Staundf. P. C. lib. 3. 
 c. 59. 
 
 PRENOMEN (Lat.) The first or Christian 
 name of a person. Benjamin is the pre- 
 nomen of Benjamin Franklin. See Cas. 
 temp. Hardw. 286; 1 Tayl. (N. C.) 148. 
 
 PREPENSE. Aforethought. See 2 Chit. 
 Crim. Law, *784. 
 
 PREPONDERATE. To "preponderate" is 
 to "outweigh." There may be evidence 
 which, standing by itself, establishes a cer- 
 tain state of facts, but the evidence does not 
 preponderate in favor of any given state 
 of facts unless it is sufHcient to outweigh 
 all the testimony introduced in opposition 
 thereto. 138 111. 13. 
 
 PREROGATIVE. 
 
 In Civil Law. The privilege, pre- 
 eminence, or advantage which one person 
 has over another; thus, a person vested 
 with an office is entitled to all -the rights, 
 privileges, prerogatives, etc., which belong 
 to it. 
 
 ——In English Law. The royal preroga- 
 tive is an arbitrary power vested in the ex- 
 ecutive to do good, and not evil. Ruther- 
 forth, Inst. 279; Co. Litt. 90; Chit. Prerog.; 
 Bac. Abr. 
 
 PREROGATIVE COURT. 
 
 In English Law. An ecclesiastical 
 
 court held in each of the two provinces of 
 York and Canterbury, before a judge ap- 
 pointed by the archbishop of the province. 
 
 Formerly in this court testaments were 
 proved, and administrations granted where 
 a decedent left chattels to the value of five 
 pounds {bona notabilia) in two distinct dio- 
 ceses or jurisdictions within the province, 
 and all causes relating to the wills, admin- 
 istrations, or legacies of such persons were 
 originally cognizable. This jurisdiction was 
 transferred to the court of probate by 20 & 
 21 Vict. c. 77, § 4, and 21 & 22 Vict. c. 95. 
 
 An appeal lay formerly from this court 
 to the king in chancery, by St. 25 Hen. 
 VIII, c. 19, but lies now to the privy coun- 
 cil, by St. 2 & 3 Wm. IV, c. 92; 2 Steph. 
 Comm. 237, 238; 3 Bl. Comm. 65, 66. 
 
 In American Law. A court having a 
 
 jurisdiction of probate matters in the state 
 of New Jersey. 
 
 PREROGATIVE LAW. That part of the 
 common law of England which is more par- 
 ticularly applicable to the king. Com. Dig. 
 tit. "Ley" (A). 
 
 PREROGATIVE WRIT. A writ issued up- 
 on some extraordinary occasion, and for 
 which it is necessary to apply by motion to 
 the court. 3 Bl. Comm. 132. The writs of 
 procedendo, mandamus, prohibition, quo 
 warranto, habeas corpus, and certiorari be- 
 long to this class. 3 Steph. Comm. 681. 
 
 Prerogative writs have also been distin- 
 guished from writs ministerially directed, 
 viz., those issued to the sheriff; the pre- 
 rogative writs being generally directed to 
 no sheriff or officer of the court, but to the 
 public or private parties, whose acts are 
 the subject of complaint. 2 Burrows, 855. 
 
 PRES (Law Fr.) Near, Ci/ pres, so near; 
 as near. See "Cy Pres." 
 
PRESBYTER 
 
 797 
 
 PRESENTMENT 
 
 PRESBYTER (Lat.) In civil and ecclesi- 
 astical law. An elder; a presbyter; a priest. 
 Code, 1. 3. 6. 20; Nov. 6. 
 
 PRESCRIBABLE. To -which a right may 
 be acquired by prescription. 
 
 PRESCRIPTION. A mode of acquiring ti- 
 tle to incorporeal hereditaments by im- 
 memorial or long-continued enjoyment. 
 
 The distinction between a prescription 
 and a custom is that a custom is a local 
 usage, and not annexed to a person. A 
 prescription is a personal usage, confined 
 to the claimant and his ancestors or 
 grantors. The theory of prescription was 
 that the right claimed must have been en- 
 joyed beyond the period of the memory of 
 man, which for a long time, in England, 
 went back to the time of Richard I. To 
 avoid the necessity of proof of such long 
 duration, a custom arose of allowing a 
 presumption of a grant on proof of usage 
 for a long term of years. In modern prac- 
 tice, the period of legal limitation for ad- 
 verse possession of lands is generally 
 adopted. 100 N. Y. 455. 
 
 To acquire title by prescription, the user 
 must be adverse (117 111. 532), exclusive 
 (7 Mete. [Mass.] 33), peaceable (31 N. J. 
 Eq. 706), notorious (7 Allen [Mass.] 368), 
 and continuous (2 Cush. [Mass.] 191). 
 
 PRESCRIPTION ACT. St. 2 & 3 Wm. 
 IV, c. 71, passed to limit the period of pre- 
 scription in certain cases. 
 
 PRESCRIPTION, TIME OF. See "Time 
 Immemorial." 
 
 PRESENCE. The being in a particular 
 place. 
 
 In many contracts and judicial proceed- 
 ings it is necessary that the parties 
 should be present in order to render them 
 valid; for example, a party to a deed, 
 when it is executed by himself, must per- 
 sonally acknowledge it, when such acknowl- 
 edgment is required by law, to give it its 
 full force and effect, and his presence is in- 
 dispensable, unless, indeed, another person 
 represent him as his attorney, having au- 
 thority from him for that purpose. 
 
 Presence at a particular transaction is 
 in a measure relative. Thus, a crime is 
 committed in the presence of a police of- 
 ficer if he can detect the act, and could 
 have seen the persons had it been light (53 
 Mich. 493) ; and a married woman executes 
 a deed in the presence of her husband, if he 
 was under the same roof, though not in 
 the same room (112 Mass. 287). 
 
 Actual presence is being bodily in the 
 precise spot indicated. 
 
 Constructive presence is being so near 
 to or in such relation with the parties 
 actually in a designated place as to be con- 
 sidered in law as being in the place. Thus, 
 a man was held constructively present at 
 a stage robbery, where he built a fire on 
 a mountain forty miles distant as a no- 
 
 tice to the robber of the leaving of the 
 stage. 13 Nev. 386. , 
 
 PRESENT. A gift, or, more properly, the 
 thing given. 
 
 PRESENT ESTATE. An estate In posses- 
 sion; one presently vested. 
 
 PRESENT USE. One which has an Im- 
 mediate existence, and is at once operated 
 upon by the statute of uses. 
 
 PRESENTATION. In ecclesiastical law. 
 The act of a patron offering his clerk to 
 the bishop of the diocese to be instituted 
 in a church or benefice. 
 
 PRESENTEE. In ecclesiastical law. A 
 clerk who has been presented by his patron 
 to a bishop in order to be instituted in a 
 church. 
 
 PRESENTLY. Immediately; in the pres- 
 ent tense. 
 
 PRESENTMENT. 
 
 In Criminal Practice. The written no- 
 tice taken by a grand jury of any offense, 
 from their own knowledge or observation, 
 without any bill of indictment laid before 
 them at the suit of the government. 4 
 Bl. Comm. 301; 109 Gal. 448; 183 Mich. 
 207. 
 
 Upon such presentment, when proper, 
 the officer employed to prosecute after- 
 wards frames a bill of indictment, which 
 is then sent to the grand jury, and they 
 find it to be a true bill. In an extended 
 sense, presentments include not only what 
 are properly so called, but also inquisitions 
 of office and indictments found by a grand 
 jury. 2 Hawk. P. C. c. 25, § 1. 
 
 The difference between a presentment 
 and an inquisition is this: that the former 
 is found by a grand jury authorized to 
 inquire of offenses generally, whereas the 
 latter is an accusation found by a jury 
 specially returned to inquire concerning a 
 particular offense. 2 Hawk. P. C. c. 25, 
 § 6. See, generally, Comyn, Dig. "Indict- 
 ment" (B) ; Bac. Abr. "Indictment" (A) ; 
 1 Chit. Crim. Law, 163; 7 East, 387; 1 
 Meigs (Tenn.) 112; 11 Humph. (Tenn.) 
 
 The chief distinctipn between an indict- 
 ment and a presentment at common law 
 was that the former was made at the sug- 
 gestion of the crown, while the latter was 
 made upon the knowledge of one or more 
 of the jurors, and instead of being in- 
 dorsed "a true bill" by the foreman alone, 
 was signed by all of the jurors. 
 
 The writing which contains the accusa- 
 tion so presented by a grand jury. 1 Brock. 
 
 _ In Contracts. The production of a 
 
 bill of exchange or promissory note to the 
 party on whom the former is drawn, for 
 his acceptance, or to the person bound to 
 pay either, for payment 
 
PEESENTS 
 
 798 
 
 PRETIUM AFPECTIONIS 
 
 PRESENTS. This word signifies the writ- 
 ing then actually made and spoken of; as, 
 these presents ; know all men by these pres- 
 ents; to all to whom these presents shall 
 come. 
 
 PRESS. In old practice. A piece or skin 
 of parchment, several of which used to be 
 sewed together in making up a roll pr rec- 
 ord of proceedings. See 1 Bl. Comm. 183; 
 Towns. PI. 486. 
 
 PRESSING TO DEATH. See "Peine For- 
 te et Dure." 
 
 PREST (and afterwards PRIST) (Law 
 Fr.; from Lat. paratus). 
 
 -. In Old Pleading and Practice. Ready. 
 
 Prest averrer, ready to prove. Y. B. P. 11 
 Hen. VI. 8; Y. B. M. 12 Hen. VI. 13, Prest 
 de prover. Britt. c. 22. A formal word at 
 the conclusion of pleas and replications, 
 expressive of a tender and acceptance of 
 issue. Prest, etc., was a mere common form. 
 See Y. B. 8 Edw. III.- 20; Y. B. T. 8 Edw. 
 III. 11. 
 
 Prest a passer, ready to pass, that is, to 
 give a verdict. Y. B. M. 3 Edw. II. 56. See 
 "Passer." 
 
 — In Old English Law. A duty in money 
 to be paid by the sheriff upon his account 
 in the exchequer, or for money left or re- 
 maining in his hands. Cowell. 
 
 PRESTATION (Lat. praestatio, from 
 praestare, q. v.) In old English law. A 
 payment or performance; the rendering of 
 a service; a toll, custom or duty. 
 
 PRESUMPTIVE EVIDENCE. See "Cir- 
 cumstantial Evidence." 
 
 PRESUMPTIVE HEIR. One who, if the 
 ancestor should die immediately, would, un- 
 der existing condition of things, be his 
 heir, but whose right of inLoritance may be 
 defeated by the contingency of some nearer 
 heir being born; as, a brother, who is the 
 presumptive heir, may be defeated by the 
 birth of a child to the ancestor. 2 Bl. 
 Comm 208 
 
 PRESUMPTIVE TITLE. That which aris- 
 es from mere occupation, with no pretense 
 of right to hold possession. It is the very 
 lowest order of title. 
 
 PRET (Fr.) Loan. 
 
 PRET A USAGE (Fr. loan for use). A 
 phrase used in the French law instead of 
 commodatum, 
 
 PRETENSED, or PRETENCED (Law Lat. 
 praetensum) . In old English law. Pretend- 
 ed; claimed. Where a party out of posses- 
 sion of lands or tenements claimed or sued 
 for the possession, he was said to have a 
 pretensed right and title (jus praetensum). 
 Cowell; Dyer, 74b. 
 
 PRETENSED TITLE STATUTE. The 
 English statute 32 Hen. VIII. c. 9, § 2. It 
 
 enacts that no one shall sell or purchase 
 any pretended right or title to land, unless 
 the vendor has received the profits thereof 
 for one whole year before such grant, or 
 has been in actual possession of the land, 
 or of the reversion or remainder, on pain 
 that both purchaser and vendor shall each 
 forfeit the value of such land to the king 
 and the prosecutor. See 4 Broom & H. 
 Comm. 150. 
 
 PRETENSES. In equity pleading. Alle- 
 gations sometimes made in a bill for the 
 purpose of negativing an anticipated de- 
 fense. Hunt, Eq. pt. 1, c. 1. 
 
 PRETENSION. In French law. The claim 
 made to a thing which a party believes him- 
 self entitled to demand, but which is not ad- 
 mitted or adjudged to be his. 
 
 The words "rights," "actions," and "pre- 
 tensions" are usually joined; not that they 
 are synonymous, for "right" is something 
 positive and certain, "action" is what is de- 
 manded, while "pretension" is sometimes 
 not even accompanied by a demand. 
 
 PRETER LEGAL. Not agreeable to law. 
 
 PRETERITION (Lat. praeter and eo, to 
 go by). In civil law. The omission by 
 a testator of some one of his heirs who 
 is entitled to a legitime (g. v.) in the suc- 
 cession. 
 
 Among the Romans, the preterition of 
 children when made by the mother was 
 presumed to have been made with design. 
 The preterition of sons by any other testa- 
 tor was considered as a wrong, and avoided 
 the will, except the will of a soldier in 
 service, which was not subject to so much 
 form. 
 
 PRETERMISSION. In the. law of wills. 
 The intentional passing over without mak- 
 ing provision for a child or legal heir or 
 next of kin. Same as "preterition," which 
 is the strictly proper term. 
 
 PRETEXT (Lat. praetexium, woven be- 
 fore). The reasons assigned to justify an 
 act, which have only the appearance of 
 truth, and which are without foundation, or 
 which, if true, are not the true reasons 
 for such act. Vattel, liv. 3, c. 3, i 32. 
 
 An ostensible reason or motive assigned 
 or assumed as a color or cover for the real 
 motive or reason. 27 Neb. 601. 
 
 PRETIUM, or PRECIUM (Lat. price; 
 value). In the civil law. The price of a 
 thing sold, which properly consisted in 
 counted money; pretium in numerata pe- 
 cunia consistere debet. Inst. 3. 24. 2. Pre- 
 tium constitui oportet, nam nulla emptio 
 sine pretio esse potest, the price ought to 
 be fixed for there can be no purchase with- 
 out a price. Id.; Dig. 18. 1. 2; 2 Kent, 
 Comm. 477. 
 
 PRETIUM AFPECTIONIS (Lat.) An im- 
 aginary value put upon a thing by the 
 
PRETIUM SUCCEDIT 
 
 799 
 
 PRIMARY OBLIGATION 
 
 fancy of the owner in his affection for it, 
 or for the person from whom he obtained 
 it. Bell, Diet. 
 
 PRETIUM SUCCEDIT IN LOCUM REI. 
 The price stands in the place of the thing 
 sold. 1 Bouv. Inst, note 939; 2 Bulst. 312. 
 
 PRETORIUM. In Scotch law. A court 
 house, or hall of justice. 3 How. St. Tr. 
 425. 
 
 PREVARICATION. In civil law. The act- 
 ing with unfaithfulness and want of prob- 
 ity. The term is applied principally to the 
 act of concealing a crime. Dig. 47. 15. 6. 
 
 PREVENTION (Lat. preveniato, to come 
 before). In civil law. The right of a judge 
 to take cognizance of an action over which 
 he has concurrent jurisdiction with an- 
 other judge. 
 
 In Pennsylvania it has been ruled that 
 a justice of the peace cannot take cog- 
 nizance of a cause which has been pre- 
 viously decided by another justice. 2 Dall. 
 (Pa.) 77, 114. 
 
 PREVENTION OF CRIMES ACT. The 
 statute 34 & 35 Vict. c. 112, passed for the 
 purpose of securing a better supervision 
 over habitual criminals. This act provides 
 that a person who is for a second time 
 convicted of crime may, on his second con- 
 viction, be subjected to police supervision 
 for a period of seven years after the ex- 
 piration of the punishment awarded him. 
 Penalties are imposed on lodging house 
 keepers, etc., for harboring thieves or re- 
 puted thieves. There are also provisions 
 relating to receivers of stolen property, and 
 dealers in old metals who purchase the 
 same in small quantities. This act repeals 
 the habitual criminals act of 1869 (32 & 
 33 Vict. c. 99). Brown. 
 
 PRICE. See "Value." 
 
 PRICKING FOR SHERIFFS. In England, 
 when the yearly list of persons nominated 
 for the office of sheriff is submitted to the 
 queen, she took a pin, and to insure im- 
 partiality, as it is said, she let the point 
 of it fall upon one of the three names nomi- 
 nated for each county, etc., and the per- 
 son upon whose name it chanced to fall was 
 sheriff for the ensuing year. This is called 
 "pricking for sheriffs." Atk. Sheriffs, 18. 
 
 PRIMA FACIE. At first view; from the 
 appearance, vyithout contradiction or expla- 
 nation. 
 
 PRIMA FACIE CASE. A case established 
 by prima facie evidence (g. v.) 
 
 PRIMA FACIE EVIDENCE. Such as is, 
 in judgment of law, sufficient to establish 
 the fact, and, if not rebutted remains suf- 
 ficient for the purpose. 
 
 PRIMA PARS AEQUITATIS AEQUALI- 
 
 tas. The radical element of justice is equal- 
 ity. 
 
 PRIMA TONSURA (Lat.) A grant of a 
 right to have the first crop of grass. 1 
 Chit. Prac. 181. 
 
 PRIMAE IMPRESSIONIS (Law Lat.) Of 
 the first impression ; without precedent. _ A 
 term applied to a new case, or one which 
 has not occurred before, or to a question 
 which is raised for the first time. Eyre, 
 J., 5 Mod. 23; 1 Vern. 94; Piatt, J., 19 
 Johns. (N. Y.) 310. "The question here, 
 as there, is primae impressionis; the case 
 here, as there, is the first of its kind." 
 Story, J., 3 Mason (U. S.). 116, 125. The 
 expression is applied to actions, returns, 
 motions, and other proceedings. Freem. 
 431; Holt, C. J., 5 Mod. 21; Mansfield, C. 
 J., 4 Taunt. 3; 1 Taunt. 492, arg. The 
 Gunpowder Plot was called by Lord Coke, 
 in his argument as attorney general in the 
 case, an offense primae impressionis. 2 
 How. St. Tr. 167. 
 
 PRIMAE (or PRIMARIAE) PRECES 
 (Lat.) In the civil law. An imperial pre- 
 rogative, by which the emperor exercised 
 the right of naming to the first prebend 
 that became vacant after his accession, in 
 every church of the empire. Goldast. Con- 
 stit. Imper. tom. 3, p. 406; 1 Bl. Comm. 
 381. 
 
 PRIMAGE. In mercantile law. A duty 
 payable to the master and mariners of a 
 ship or vessel, — ^to the master for the use 
 of his cables and ropes to discharge the 
 goods of the merchant; to the mariners for 
 lading and unlading in any port or haven. 
 Abb. Shipp. 270. 
 
 This payment appears to be of very an- 
 cient date, and to be variously regulated 
 in different voyages and trades. It is some- 
 times called the "master's hat money." 3 
 Chit. Com. Law, 431. 
 
 PRIMARY. That which is first or princi- 
 pal; as, primary evidence, that evidence 
 which is to be admitted in the first instance, 
 as distinguished from secondary evidencej 
 which is allowed only when primary evi- 
 dence cannot be had. 
 
 PRIMARY CONVEYANCES. See "Con- 
 veyance." 
 
 PRIMARY EVIDENCE. The best evi- 
 dence of which the case in its nature is 
 susceptible. 3 Bouv. Inst, note 3053. See 
 "Evidence." 
 
 PRIMARY OBLIGATION. An obligation 
 which is the principal object of the con- 
 tract; for example, the primary obligation 
 of the seller is to deliver the thing sold, 
 and to transfer the title to it. It is dis- 
 tinguished from' the accessory or secondary 
 obligation to pay damages for not doing 
 so. 1 Bouv. Inst, note 702. 
 
PRIMARY POWERS 
 
 800 
 
 PRINCIPAL 
 
 PRIMARY POWERS. The principal au- 
 thority given by a principal to his agent. 
 It differs from "mediate powers." Story, 
 Ag. §58. 
 
 PRIMATE. In ecclesiastical law. An 
 archbishop who has jurisdiction over one 
 or several other metropolitans. 
 
 PRIME SERJEANT. The queen's first Ser- 
 jeant at law. 
 
 PRIMER ELECTION. A term used to sig- 
 nify first choice. 
 
 In England, when coparcenary lands are 
 divided, unless it is otherwise agreed, the 
 eldest sister has the first choice of the pur- 
 parts. This part is called the enitia pars. 
 Sometimes the oldest sister makes the par- 
 tition, and in that case, to prevent par- 
 tiality, she takes the last choice. Hob. 
 107; Litt. §§243-245; Bac. Abr. "Copar- 
 ceners" (U). 
 
 PRIMER FINE. In old English practice. 
 A fine or payment which was due to the 
 king on suing out the writ of praecipe, at 
 the commencement of the proceedings to 
 levy a fine of lands. 2 Bl. Comm. 350. 
 
 PRIMER SEISIN. In English law. The 
 right which the king had, when any of his 
 tenant^ died seised of a knight's fee, to re- 
 ceive of the heir, provided he were of full 
 age, one whole year's profits of the lands, 
 if they were in immediate possession, and 
 half a year's profits, if the lands were_ in 
 reversion, expectant on an estate top life. 
 2 Bl. Comm. 66. 
 
 F SIMITIAE (Lat.) In English law. First 
 f ri. 'ts ; the first year's whole profits of a 
 spi; itual preferment. 1 Bl. Comm. 284; 
 Crafab, Hist. Eng. Law, 252. 
 
 PRIMO EXCUTIENDA EST VERB! VIS, 
 ne sermonis vitio obstruitur oratio, sive lex 
 sine argumentis. The force of a word is to 
 be first examined, lest by the fault of dic- 
 tion the sentence be destroyed, or the law 
 be without arguments. Co. Litt. 68. 
 
 PRIMOGENITURE. The state of being 
 first born; the eldest. 
 
 Formerly primogeniture gave a title in 
 cases of descent to the oldest son in prefer- 
 ence to the other children. This unjust 
 distinction has been generally abolished in 
 the United States. 
 
 PRIMOGENITUS ( Lat. from primo, first, 
 and genitus, born or begotten). In old Eng- 
 lish law. A first born or eldest son. Brac- 
 ton, fol. 33; 1 Ves. Sr. 290. And see 3 
 Maule & S. 25; 8 Taunt. 468; 3 Vern. 660. 
 
 PRIMUM DECRETUM (Lat.) In the 
 courts of admiralty, this name is given 
 to a provisional decree. Bac. Abr. "Court 
 of Admiralty" (E). 
 
 PRINCE. In a general sense, a sover- 
 eign; the ruler of a nation or state. The 
 
 son of a king or emperor, or the issue of a 
 royal family ; as, princes of the blood. The 
 chief of any body of men. 
 
 By a clause inserted in policies of in- 
 surance, the insurer is liable for all losses 
 occasioned by "arrest or detainment of all 
 kings, princes, and people, of what nation, 
 condition, or quality soever." 1 Bouv. Inst, 
 note 1218. 
 
 PRINCEPS (Lat.) In the civil law. The 
 prince; the emperor. Quod principi plaeuit, 
 legis habet vigorem, the emperor's pleasure 
 has the force of law. Inst. 1. 2. 6. 
 
 PRINCEPS ET RESPUBLICA EX JUSTA 
 causa possunt rem meam auferre. The king 
 and the commonwealth, for a just cause, 
 can take away my property. 12 Coke, 13. 
 
 PRINCEPS LEGIBUS SOLUTUS EST. 
 
 The emperor is free from laws. Dig. 1. 3. 
 31 ; Halifax, Anal, pref . vi., vii., note. 
 
 PRINCEPS MAVULT DOMESTICOS MIL. 
 ites quam ctipendiarios bellicis opponere 
 caslbus. A prince, in the chances of war, 
 had better employ domestic than stipendi- 
 ary troops. Co. Litt. 69. 
 
 PRINCIPAL. Leading; chief; more im- 
 portant. 
 
 This word has several meanings. It is 
 used in opposition to "accessary," to show 
 the degree of crime committed by two per- 
 sons. 
 
 In estates, "principal" is used as op- 
 posed to "incident" or "accessory," to de- 
 note the more important subject to which 
 others are appurtenant or ancillary, as in 
 the rule: "The incident shall pass by 
 the grant of the principal, but not the prin- 
 cipal by the grant of the incident, — acces- 
 sorium non ducit, sed sequitur suum prin- 
 cipale." Co. Litt. 152a. 
 
 It is used in opposition to "agent," and 
 in this sense it signifies that the principal 
 is the prime mover. 
 
 It is used in opposition to "interest;" 
 as, the principal being secured, the inter- 
 est will follow. 
 
 It is used also in opposition to "surety," 
 to denote the person for whom the surety 
 is bound. Thus, we say, the principal Is 
 answerable before the surety. 
 
 Principal is used also to denote the more 
 important; as, the principal person. 
 
 In the English law, the chief person in 
 some of the inns of chancery is called "prin- 
 cipal of the house." Principal is also used 
 to designate the best of many things; as, 
 the principal bed, the principal table, and 
 the like. 
 
 In Contracts'. One who, being com- 
 petent sui juris to do any act for his own 
 benefit or on his own account, confides it 
 to another person to do for him. 1 Domat, 
 bk. 1, tit. 15, Introd.; Story, Ag. § 3. 
 
 In Criminal Law. Principals in crime 
 
 are either in the first or second degree. 
 
 A principal in the first degree is the one 
 who actually commits the crime, either by 
 
PRINCIPAL CHALLENGE 
 
 801 
 
 PRIORITY 
 
 his own hand, or by an inanimate agency 
 U Bl. Comm. 34; 2 Sumn. [U. S.] 482), 
 or by an innocent human agent (1 N. Y. 
 173; 1 Mass. 136). 
 
 , A principal in the second degree is one 
 who, being present at the commission of 
 a crime by another, aids and abets him 
 therein. There must be a guilty principal 
 in the first degree. The principal in the 
 second must be present, but constructive 
 presence, as by keeping watch at a distance, 
 is sufficient (83 N. Y. 408; 13 Nev. 386), 
 and the principal in the second degree must 
 in some manner assist or abet the princi- 
 pal offender; mere presence and acquies- 
 cence not being enough (81 111. 333; 45 Cal. 
 293). See "Aiding and Abetting;" "Pres- 
 ence." 
 
 The distinction between principals and 
 accessaries is not recognized in treason or 
 in misdemeanors. 4 Bl. Comm. 35, 36. 
 
 PRINCIPAL CHALLENGE. A principal 
 challenge was grounded on such manifest 
 presumption of partiality that if the fact 
 alleged was proved to be true, the dis- 
 qualification of the juror followed as a legal 
 conclusion, incapable of being rebutted. 144 
 111. 164. See Challenge. 
 
 PRINCIPAL CONTRACT. One entered In- 
 to by both parties on their own accounts, 
 or in the several qualities they assume. 
 
 PRINCIPAL FACT. The main fact in is- 
 sue. The fact ultimately to be proved. 
 
 PRINCIPAL LEGATEE. In the statute as 
 to right to letters of administration with 
 will annexed means general, rather than 
 chief or most important. 2 How. Pr. (N. 
 S.; N. Y.) 194. 
 
 PRINCIPAL OBLIGATION. That obliga- 
 tion which arises from the principal ob- 
 ject of the engagement which has been con- 
 tracted between the parties. It differs from 
 an accessory obligation. For example, in 
 the sale of a horse, the principal obliga- 
 tion of the seller is to deliver the horse; 
 the obligation to take care of him till de- 
 livered is an accessory engagement. Poth. 
 Obi. note 182. By principal obligation is 
 also understood the engagement of one who 
 becomes bound for himself, and not for the 
 benefit of another. Poth. Obi. note 186. 
 
 PRINCIPALIS. (Lat. from princeps, first 
 or chief). In civil and old English law. 
 Principal; a principal debtor. Principalis 
 debitor. Fleta, lib. 2, c. 63, §5. Called 
 capitalis debitor (chief debtor). Id. 
 
 PRINCIPALIS DEBET SEMPER EXCUTI 
 antequam perveniatur ad fidel jussores. The 
 principal should always be exhausted be- 
 fore coming upon the sureties. 2 Inst. 19. 
 
 PRINCIPIA DATA SEQUUNTUR CON- 
 comltantla. Given principles are followed 
 by their concomitants. 
 
 PRINCIPIA PROBANT, NON PROBAN- 
 
 tur. Principles prove, they are not proved. 
 3 Coke, 40. See "Principles." 
 
 PRINCIPIIS OBSTA. Oppose beginnings. 
 Branch, Princ. 
 
 PRINCIPIORUM NON EST RATIO. 
 
 There is no reasoning of principles. 2 
 Bulst. 239. See "Principles." 
 
 PRINCIPIUM (Lat. from princeps, first). 
 In civil and old English law. A beginning. 
 In principio donationis, at the commence- 
 ment of the gift. Bracton, fol. 17b. 
 
 A principle ; a maxim. Analyzed by Lord 
 Coke, in his peculiar manner, to be quasi 
 primum caput (the first head), from which 
 many cases have their origin or beginning. 
 Co. Litt. 303a. 
 
 PRINCIPIUM EST POTISSIMA PARS 
 cujusque rei. The beginning is the most 
 powerful part of a thing. 10 Coke, 49. 
 
 PRINCIPLES. By this term is understood 
 truths or propositions so clear that they 
 cannot be proved nor contradicted unless 
 by propositions which are still clearer. 
 
 They are of two kinds: One when the 
 principle is universal, and these are known 
 as "axioms" or "maxims;" as, "no one can 
 transmit rights which he has not;" "the 
 accessory follows the principal," etc. The 
 other class are simply called "first prin- 
 ciples." These principles have known 
 marks, by which they may always be rec- 
 ognized. These are, first, that they are so 
 clear that they cannot be proved by ante- 
 rior and more manifest truths; second, that 
 they are almost universally received; third, 
 that they are so strongly impressed on our 
 minds that we conform ourselves to theia 
 whatever may be our avowed opinions. 
 
 First principles have their source in the 
 sentiment of our own existence, and that 
 which is in the nature of things. A princi- 
 ple of law is a rule or axiom which is 
 founded in the nature of the subject, and 
 it exists before it is expressed in the form 
 of a rule. Domat, Lois Civ. liv. prel. tit. 
 1, §2; Toullier, Dr. Civ. tit. prel. note 17. 
 "The right to defend one's self continues as 
 long as an unjust attack" was a principle 
 before it was ever decided by a court; so 
 that a court does not establish, but rec- 
 ognizes, principles of law. 
 
 That which constitutes the essence of a 
 body, or its constituent parts. 8 Term R. 
 107. See "Patent." 
 
 PRIOR PETENS (Lat.) The first appli- 
 cant. Priori petenti, to the first applicant. 
 
 PRIOR TEMPORE, POTIOR JURE. He 
 
 who is first in time is preferred in right. 
 Co. Litt. 14a; 2 P. Wms. 491; 1 Term R. 
 733; 9 Wheat. (U. S.) Append. 24. 
 
 PRIORITY. Precedence. Thus, claims are 
 said to be allowed priority where they are 
 satisfied from a fund before other claims 
 against the same are allowed to participate. 
 
PRISAGE 
 
 802 
 
 PRIVATE INTERNATIONAL LAW 
 
 PRISAGE. An ancient hereditary revenue 
 of the crown, consisting in the right to take 
 a certain quantity from cargoes of wine im- 
 ported into England. In Edward I.'s reign 
 it was converted into a pecuniary duty call- 
 ed "butlerage." 2 Steph. Comm. 561. 
 
 PRISE (Fr.) 
 
 In FrerKjh Law. Prize; captured prop- 
 erty. Ord. Mar. liv. 3, tit. 9. See "Prize." 
 
 Capture, by a naval force. Emerig. Tr. 
 des Assur. c. 12, sec. 18, § 1. 
 
 In Old English Law. Things taken of 
 
 the king's subjects by purveyors; provi- 
 sions taken for the king's use. Cowell; 
 Artie, sup. Chart, c. 2; 2 Reeve, Hist. Eng. 
 Law, 233; Pleta, lib. 2, c. 50, §21. 
 
 PRISEL EN AUTER LIEU (Law Fr.) A 
 taking in another place; a plea in abate- 
 ment in the action of replevin. 2 Ld. Raym. 
 1016, 1017. 
 
 PRISO (Law Lat.; Law Fr. prison, from 
 prise, taken). In old English law. A pris- 
 oner; a captive in war. Spelman. 
 
 A prisoner, or imprisoned malefactor. 
 Prisones vera, sic iinprisonati, but prisoners 
 so imprisoned. Bracton, fol. 123. See 
 Fleta, lib. 1, c. 26, § 5. 
 
 PRISON. A public building for confining 
 persons, either to insure their production in 
 court, as accused persons and witnesses, or 
 to punish, as criminals. 
 
 The root is French, as is shown by the 
 Norman prisons, prisoners (Kelham), and 
 French prisons, prisons (Britt. c. 11, "De 
 Prisons"). Originally it was distinguished 
 from "gaol," which was a place for confine- 
 ment, not for punishment. See Jacob, 
 ''Gaol." But at present there is no such dis- 
 tinction. 
 
 It is a general term to include jails, peni- 
 tentiaries, etc. 
 
 PRISON BONDS. See "Gaol Liberties." 
 
 PRISON BREACH. The act of one who is 
 lawfully detained on a criminal charge, or 
 under sentence for a crime, in breaking out 
 of the place in which he is detained, against 
 the will of the person by whom he is de- 
 tained. 
 
 It is something more than an escape, — 
 adding thereto a breaking out of custody. 
 The breaking must be actual, but need not 
 be intentional. Thus, if loose bricks on top 
 of a prison wall are thrown by a convict 
 in climbing over the same, it is a breach. 
 Rus. & R. 458. The opening of a window 
 or unlocking of a door in the course of an 
 escape constitutes a breach. 53 N. J. Law, 
 488. 
 
 PRISONER. One held in confinement 
 against his will. 
 
 PRISONER OF WAR. One who has been 
 captured while fighting under the banner 
 of some state. He is a prisoner, although 
 
 never confined in a prison. Not only such 
 persons as a belligerent can lawfully kill, 
 but all who may be separated^ from the 
 mass of noncombatants by their importance 
 to the enemy's state, or by their useful- 
 ness to him in his war, may be made pris- 
 oners of war. Glenn, Int. Law, 187. 
 
 Any person captured and held by the mil- 
 itary power while carrying on war, and 
 held as an enemy prisoner, whether rightly 
 or wrongfully so held. 1 Bish. Crim. Law, 
 § 65, note. 
 
 PRIST (Law Fr. ready). A formal word 
 used in the days of oral pleading, to ex- 
 press a tender of or joinder in issue. 
 
 PRIUS VITUS LABORAVIMUS, NUNC 
 legibus. We labored first with vices, now 
 with laws. 4 Inst. 76. 
 
 PRIVATE. Affecting or belonging to in- 
 dividuals, as distinct from the public gener- 
 ally; not clothed wijh office. 
 
 PRIVATE ACT. An act operating only 
 upon particular persons and private con- 
 cerns, and rather an exception than a rule. 
 Opposed to "public act." 1 Bl. Comm. 86) 
 
 1 Term R. 125; Plowd. 28; Dyer, 75, 119; 
 4 Coke, 76. Private acts ought not to be 
 noticed by courts unless pleaded. 
 
 PRIVATE BANKERS. Such as engage in 
 the business of banking, without having 
 any special grant of authority from the 
 state. 80 N. Y. 225. 
 
 PRIVATE BILL OFFICE. An office of the 
 English parliament where the business of 
 obtaining private acts of parliament is con- 
 ducted. 
 
 PRIVATE CARRIER. A carrier who is 
 not a common carrier, because he does not 
 hold himself out as ready to carry all per- 
 sons who may employ him. 
 
 PRIVATE CORPORATION. A corporation 
 founded by a private individual, or the 
 stock of which is owned by private persons, 
 such as a hospital or college, a bank, an 
 insurance, turnpike, or railroad company. 
 
 2 Kent, Comm. 275. 
 
 PRIVATE EASEMENT. One the enjoy- 
 ment of which is restricted to certain indi- 
 viduals. 
 
 PRIVATE HOUSE. A dwelling place, not 
 open for the accommodation of all appli- 
 cants who come lawfully and pay regularly. 
 A boarding house for the accommodation 
 of such only as are accepted by the pro- 
 prietor is a private house. 3 Brewst. (Pa.) 
 344. 
 
 PRIVATE INTERNATIONAL LAW. Is a 
 convenient expression for such_ rules as, in 
 the jurisprudence of most civilized nations, 
 are applied, e« comitate, to the solution 
 of questions depending upon foreign status, 
 foreign laws, or foreign contracts. But no 
 
PRIVATE NUISANCE 
 
 803 
 
 PRIVILEGED COMMUNICATIONS 
 
 law, bindipg propria vigore upon any in- 
 dependent state, can be established by gen- 
 eralization from the jurisprudence of other 
 nations. 10 App. Cas. 513. See "Conflict 
 of Laws;" "International Law." 
 
 PRIVATE NUISANCE. See "Nuisance." 
 
 PRIVATE PERSON. One not an officer. 
 
 PRIVATE PROPERTY. Within the con- 
 stitutional requirement of compensation for 
 "private property taken for public use," it 
 includes, of course, all property owned by 
 individuals, and also certain property held 
 by public bodies, such as municipal corpora- 
 tions, which is held not for the perform- 
 ance of the public duties devolving upon it, 
 but for purposes not deemed strictly public 
 and political. 
 
 PRIVATE RIGHTS. Those rights which 
 relate to the person, or to personal or real 
 property of particular individuals. 1 Chit. 
 Gen. Prac. 3. 
 
 PRIVATE STATUTE. A statute which op- 
 erates only upon particular persons and pri- 
 vate concerns. 1 Bl. Comm. 86. See "Gen- 
 eral Statute." 
 
 PRIVATE WAY. An easement of one per- 
 son, or of any number of persons less 
 than the public at large, to pass over the 
 servient land of another in the manner, 
 at the times, on the location, and for the 
 purpose allotted or agreed for the particu- 
 lar way. Bish. Non-Cont. Law, § 866. 
 
 Private ways are either (1) appurtenant, 
 i. e., pertaining to some particular land, or 
 (2) in gross, i. e., personal to some particu- 
 lar individual or individuals. 3 Bl. Comm. 
 241. 
 
 PRIVATE WRONGS. A private wrong, 
 otherwise termed a "tort" or "civil injury," 
 is an infringement or privation of the civil 
 rights which belong to individuals, consid- 
 ered merely as individuals. 4 Bl. Comm. 5. 
 See "Public Wrongs." 
 
 PRIVATEER. A vessel owned by one or 
 more private individuals, armed and equip- 
 ped at his or their expense, for the purpose 
 of carrying on a maritime war, by the au- 
 thority of one of the belligerent parties. 
 The commissions issued to such vessels are 
 generally called "letters of marque." 
 
 The treaty of Paris (g. v.) provides for 
 the discontinuance of the use of privateers 
 except as against such powers (of which 
 the United States is one) as did not ac- 
 cede to such treaty, and the general policy 
 of the United States is against their use. 
 See 1 Kent, Comm. 97. 
 
 PRIVATIO PRAESUPPONIT HABITUR. 
 
 A deprivation presupposes a possession. 2 
 Rolle, 419. 
 
 PRIVATIS PRACTIONIBUS NON DUBI- 
 urn est non laedi jus caeterorum. There is no 
 
 doubt that the rights of others cannot be 
 prejudiced by private agreements. Dig. 2. 
 15. 3. pr.; Broom, Leg. Max. (3d London 
 Ed.) 623. 
 
 PRIVATORUM CONVENTIO JURI PUB- 
 lico non derogat. Private agreements can- 
 not derogate from public law. Dig. 60. 17. 
 45. 1. 
 
 PRIVATUM COMMODUM PUBLICO CE- 
 dit. Private yields to public good. Jenk. 
 Cent. Cas. 273. 
 
 PRIVATUM INCOMMODUM PUBLICO 
 bono pensatuP. Private inconvenience Is 
 made up for by public good. 
 
 PRIVEMENT ENCEINTE (Law Fr.) A 
 term used to signify that a woman is preg- 
 nant, but not quick with child. Wood, Inst. 
 662. 
 
 PRIVIES. By privies are meant heirs, 
 executors, administrators, terre-tenants, or 
 those having an interest in remainder or 
 reversion, or one who is made a party by 
 the law. 7 Ency. of PI. & Pr. 857; 232 111. 
 168; 173 111. 117. ' 
 
 In judgments or decrees which do not de- 
 termine status, but relate to rights or in- 
 terests of parties in and to certain prop- 
 erty, "privies" are those who Succeed to 
 the ownership of the property or some 
 right or interest therein, under one of the 
 parties to the litigation, directly or by 
 mesne conveyance, by gift, by kinship, or 
 by operation of law. Privity in such cases 
 has reference to persons in their relation 
 to property. 153 Wis. 69. See "Privy." 
 
 PRIVIGNUS (Lat.) In civil law. Son of 
 a husband or wife by a former marriage; 
 a stepson. Calv. Lex.; Vicat. 
 
 PRIVILEGE. An exemption or immunity 
 peculiar to a particular person or body. 
 Commonly applied to the various special 
 rights and immunities of legislators, and to 
 the privilege of witnesses from testifying 
 to certain facts as self-incriminating ones. 
 See "Privileged Communications." 
 
 In Civil Law. A right which the na- 
 ture of a debt gives to a creditor, and 
 which entitles him to be preferred before 
 other creditors. Code La. art. 3153; Dal- 
 loz, "Privilege;" Domat, Lois Civ. liv. 2. 
 tit. 1, § 4, note 1. 
 
 In Maritime Law. An allowance to the 
 
 master of a ship of the general nature 
 with primage, being compensation, or 
 rather a gratuity, customary in certain 
 trades, and which the law assumes to be 
 a fair and equitable allowance, because the 
 contract on both sides is made under the 
 knowledge of such usage by the parties. 
 
 PRIVILEGE, WRIT OF. A process to en- 
 force or maintain a privilege. Cowell. 
 
 PRIVILEGED COMMUNICATIONS. 
 In the Law of Slander. A communica- 
 tion made bona fide upon any subject mat- 
 
PRIVILEGED COPYHOLDS 
 
 804 
 
 PRIVY 
 
 ter in which the party communicating has 
 an interest, or in reference to which he has 
 a duty, if made to a person having a cor- 
 responding interest or duty, although it 
 contain criminatory matter which, without 
 this privilege, would be slanderous and ac- 
 tionable. 
 
 In Evidence. Communication which 
 
 the law refuses, on grounds of public policy, 
 to allow to be disclosed in evidence. The 
 policy prohibiting such disclosure may be 
 (1) political, as that restraining the dis- 
 closure of secrets of state, (2) Judicial, 
 as that which prohibits the disclosure of 
 proceedings in the jury room, (3) profes- 
 sional, as that which forbids the disclosure 
 of statements 'by client to attorney, or (4) 
 social, a^ that which restricts the disclosure 
 of communications between husband and 
 wife. Best, Ev. § 578. 
 
 PRIVILEGED COPYHOLDS. Those copy- 
 holds which are held according to the cus- 
 toms of the manor, and not according to the 
 will of the lord. They include ancient de- 
 mesne and customary freehold. 2 Woodde- 
 son, Lect. 33-49; Lee, Real Prop. 63; 1 
 Crabb, Real Prop. 709, 919; 2 Bl. Comm. 
 100. 
 
 PRIVILEGED DEED. In Scotch law. An 
 instrument, for example, a testament, in the 
 execution of which certain statutory formal- 
 ities usually required are dispensed with, 
 either from necessity or expediency. Ersk. 
 Inst. 3. 2. 22; Bell, Diet. 
 
 PRIVILEGED VILLENAGE. In old Eng- 
 lish law. A species of villenage in which 
 the tenants held by certain and determinate 
 services; otherwise called "villein socage." 
 Bracton, fol. 209. Now called "privilege 
 copyhold," including the tenure in ancient 
 demesne. 2 Bl. Comm. 99, 100. 
 
 PRIVILEGES. See "Gambling Contract." 
 
 PRIVILEGES AND IMMUNITIES. The 
 "privileges and immunities" which are pro- 
 tected by the constitutional inhibition con- 
 cern the personal and private rights of the 
 citizen, such as his right to acquire and 
 possess property, to pursue ordinary call- 
 ings and secure happiness and safety, etc., 
 and do not include within their meaning 
 the right to hold office. The State may 
 decline to confer official power on resi- 
 dents of other states without depriving 
 such nonresidents of, any privilege or im- 
 munity protected by the constitution of the 
 general government, or of liberty or prop- 
 erty within the meaning of those words as 
 used in our state Constitution. 217 111. 248 ; 
 175 111. 611. 
 
 PRIVILEGIA QUAE RE VERA SUNT IN 
 praejudlcium reipublicae, magis tamen ha- 
 bent speclosa frontisplcia, et boni public! 
 praetesAum, quam bonae el legales conces- 
 siones; sed praetextu liciti non debet ad- 
 mltti illictum. Privileges which are truly In 
 prejudice of public good have, however, a 
 
 more specious front and pretext of public 
 good than good and legal grants; but, un- 
 der pretext of legality, that which is illegal 
 ought not to be admitted. 11 Coke, 88. 
 
 PRIVILEGiUM {priva lex, i. e., de uno ho- 
 mine). In civil law. A private law inflict- 
 ing a punishment or conferring a reward. 
 Calv. Lex.; Cicero, de Lege, 3, 19, pro 
 Domo, 17; Vicat. Every peculiar right by 
 which one creditor or class of creditors is 
 preferred to another in personal actions. 
 Vicat. Every privilege granted by law in 
 derogation of common right. Mackeld. Civ. 
 Law, §§ 188, 189. A claim or lien on a 
 thing, which, once attaching, continued till 
 waiver or satisfaction, and which existed 
 apart from possession. So at the present 
 day in maritime law, e. g., the lien of sea- 
 men on ship for wages. 2 Pars. Mar. Law, 
 561-563. 
 
 PRIVILEGIUIVI CLERICALE (Lat) Bene- 
 fit of clergy. 
 
 PRIVILEGIUM EST BENEFICIUM PER- 
 sonale et extinguitur cum persona. A priv- 
 ilege is a personal benefit, and dies with 
 the person. 3 Bulst. 8. 
 
 PRIVILEGIUM EST QUASI PRIVATA 
 lex. A privilege is, as it were, a private 
 law. 2 Bulst. 189. 
 
 PRIVILEGIUM NON VALET CONTRA 
 rempublicam. A privilege avails not against 
 the commonwealth. Bac. Max. 25; Broom, 
 Leg. Max. (3d London Ed.) 17; Noy, Max. 
 (9th Ed.) 34. 
 
 PRIVITY (Law. Fr. privitie). Connec- 
 tion; interest; mutuality of interest; such 
 as subsists between the immediate parties 
 to a contract, as between lessor and lessee; 
 otherwise called "personal privity," or 
 "privity of contract." 3 Coke, 23a; Litt. 
 §§ 460, 461. But this does not seem to 
 be privity in its proper sense, for privies 
 are they who are not parties. See "Privy." 
 
 A derivative kind of interest, founded 
 upon or growing out of the contract of an- 
 other, as that which, subsists between an 
 heir and his ancestor, between an executor 
 and testator, and between a lessor or lessee 
 and his assignee. 3 Coke, 23a. 
 
 The mutual or successive relationship to 
 the same rights of property. 1 Greenl. Ev. 
 §189; 6 How. (U. S.) 60; 246 111. 573; 127 
 III. 571; 161 Mich. 503, See "Privy." 
 
 PRIVY. One who is a partaker or has 
 any part or interest in any action, matter, 
 or thing. Co. Litt. 271a. 
 
 One who has an interest in an estate 
 created by another, or in a contract or con- 
 veyance to which he is not a party. 
 
 A mutual or successive relationship of 
 persons. 263 111. 203; 246 111. 573. 
 
 Privity may be : . 
 
 (1) Of contract, being the relation which 
 exists between the immediate parties to a 
 contract. 
 
PRIVY COUNCIL 
 
 805 
 
 PRO DERELICTO 
 
 (2) In estate, as between lessor and les- 
 see. 
 
 (3) In blood, as between an heir and his 
 ancestor. 
 
 (4) In representation, as between a tes- 
 tator and his executors. 
 
 (5) In tenure, as between a lord and his 
 feudal tenants. 
 
 (6) In person, as between husband and 
 wife or trustee and beneficiary. 
 
 (7) In possession, as between joint tea 
 ants or tenants in common. 
 
 (8) In law, as where the law casts land 
 upon another without privity of blood or 
 estate, as by escheat. 
 
 A more general division has been made 
 into privies in estate, privies in blood, and 
 privies in law. 1 Greenl. Ev. § 189. 
 
 PRIVY COUNCIL. The chief council of 
 the sovereign, called, by pre-eminence, "The 
 Council," composed of those whom the king 
 appoints. 1 Bl. Comm. 229-232. 
 
 By St. Charles II., in 1679, the number 
 was limited to thirty, — fifteen the chief of- 
 ficers of the state ex virtute officii, the 
 other fifteen at the king's pleasure; but 
 the number is now indefinite. A commit- 
 tee of the privy council is a court of ulti- 
 mate appeal in admiralty causes and causes 
 of lunacy and idiocy (3 P. Wms. 108), and 
 from all dominions of the crown except 
 Great Britain and Ireland (1 Wooddeson, 
 Lect. 157b; 2 Steph. Comm. 479; 3 Steph. 
 Comm. 425, 432). 
 
 PRIVY SEAL. In English law. A seal 
 which the king uses to such grants or 
 things as pass the great seal. 2 Inst. 554. 
 
 PRIVY SIGNET. The seal which is first 
 used in making grants, etc., of the crown. 
 It is always in custody of the secretary of 
 state. 2 Bl. Comm. 347 ; 1 Wooddeson, Lect. 
 250; 1 Steph. Comm. 571. 
 
 PRIVY VERDICT. In practice. A verdict 
 given privily to the judge out of court, but 
 which was of no force unless afterwards af- 
 firmed by a public verdict given openly in 
 court. 3 Bl. Comm. 377. l^w disused. 
 
 PRIZE. 
 
 In Maritime Law. The apprehension 
 
 and detention at sea of a ship or other 
 vessel, by authority of a belligerent power, 
 either with the design of appropriating it, 
 with the goods and effects it contains, or 
 with that of becoming master of the whole 
 or a part of its cargo. 1 C. Rob. Adm. 
 228. 
 
 The vessel or goods thus taken. 
 
 Goods taken on land from a public enemy 
 are called "booty;" and the distinction be- 
 tween a prize and booty consists In this, 
 that the former is taken at sea, and the 
 latter on land. 
 
 In Contraots. A reward which is of- 
 fered to one of several persons who shall 
 accomplish a certain condition, 81 N. Y. 
 539; as if an editor should offer a silver 
 
 cup to the individual who shall write the 
 best essay in favor of peace. In this case 
 there is a contract subsisting between the 
 editor and each person who may write such 
 essay that he will pay the prize to the 
 writer of the best essay. Wolff. Dr. Nat. 
 §675. 
 
 A thing which is won by putting into 
 a lottery. 
 
 PRIZE COURT. In English law. That 
 branch of admiralty which adjudicates 
 upon cases of maritime captures made in 
 time of war. A special commission issues 
 in England, in time of war, to the judge 
 of the admiralty court, to enable him to 
 hold such court. See "Admiralty." 
 
 Some question has been raised whether 
 the prize court is or is not a separate court 
 from the admiralty court. Inasmuch as 
 the commission is always issued to the 
 judge of that court, and the forms of pro- 
 ceeding are substantially those of admir- 
 alty, while the law applicable is derived 
 from the same sources, the fact that the 
 commission of prize is only issued occa- 
 sionally would hardly seem to render the 
 distinction a valid one. 
 
 In the United States, the admiralty 
 courts discharge the duties both of a prize 
 and an instance court. 
 
 PRIZEFIGHT. A personal combat be- 
 tween men, without weapons, in public and 
 by agreement, for a prize or reward. 67 
 Miss. 352. 
 
 PRO. In Latin phrases. A preposition 
 meaning "for." 
 
 PRO BONO ET MALO. For good and for 
 evil. 
 
 PRO CONFESSO (Lat. as confessed). In 
 equity practice. A decree taken where the 
 defendant has either never appeared in the 
 suit, or, after having appeared, has neglect- 
 ed to answer. 1 Daniell, Ch. Prac. 479; Ad- 
 ams, Eq. 327, 374; 1 Smith, Ch. Prac. 254. 
 
 PRO CORPORA COIMITATUS. Latin 
 words meaning "for the body of the coun- 
 ty." Watt v. People, 126 111. 33. 
 
 PRO DEFECTU EIVIPTORUIVI. For want 
 (failure) of purchasers. 
 
 PRO DEFECTU EXITUS. For, or in case 
 of, default of issue. 2 Salk. 620. 
 
 PRO DEFECTU HAEREDIS. For want of 
 an heir. 
 
 PRO DEFECTU JUSTITIAE. For defect 
 or want of justice. Pleta, lib. 2, c. 62, § 2. 
 
 PRO DEFENDENTE (Law Lat.) For the 
 defendant. Vaughan, 65. Commonly abbre- 
 viated, pro. def. Hardr. passim. "Morton, 
 pro querent. Blackstone, pro def." 1 W. 
 Bl. 532. 
 
 PRO DERELICTO (Lat.) As derelict or 
 abandoned. A species of usucaption in the 
 
PRO DIGNITATE REGALI 
 
 806 
 
 PROBABILITY 
 
 civil law. The title of Dig. 41. 7. Quod pro 
 dereUoto hahitwm est, what is held as dere- 
 lict. Id. 41. 7. 4. 
 
 PRO DIGNITATE REGALI. la considera- 
 tion of the royal dignity. 1 Bl. Comm. 223. 
 
 PRO DIVISO. As divided, i. e., in sever- 
 alty. 
 
 PRO DONATO. As a gift; as in case ot 
 
 gift; by title of gift. A species of usucap- 
 
 tion in the civil law. Dig. 41. 6. See Id. 5. 
 3. 13. 1. 
 
 PRO DOTE. As a dowry; by title of dow- 
 ry. A species of usucaption. Dig. 41. 9. 
 See Id. 5. 3. 13. 1. 
 
 PRO EMPTORS. As a purchaser; by the 
 title of a purchaser. A species of usucap- 
 tion. Dig. 41. 4. See Id. 5. 3. 13. 1. 
 
 PRO EO QUOD (Lat.) In pleading. For 
 this that. This is a phrase of affirmation, 
 and is sufficiently direct and positive for 
 introducing a material averment. 1 Saund. 
 117, note 4; 2 Chit. PI. 369-393; Gould, PI. 
 c. 3, § 34. 
 
 PRO FACTI. As a fact. 
 
 PRO FALSO CLAMORE SUO. A nominal 
 amercement of a plaintiff for "his false 
 claim," which used to be inserted in a judg- 
 ment for the defendant. Obsolete. 
 
 PRO FORMA. As a matter of form.. 3 
 East, 232; 2 Kent, Comm. 245. 
 
 PRO HAG VICE. For this turn; for this 
 one particular occasion. 
 
 PRO ILLA VICE. For that turn. 3 Wils. 
 233, arg. 
 
 PRO INDEFENSO. As undefended; as 
 making no defense. A phrase in old prac- 
 tice. Fleta, lib. 1, c. 41, § 7. 
 
 PRO INDIVISO (Lat.) For an undivided 
 part. The possession or occupation of lands 
 or tenements belonging to two or more per- 
 sons, and where, consequently, neither 
 knows his several portion till divided. 
 Bracton, lib. 5. 
 
 PRO INTERESSE SUO (Lat.) According 
 to his interest. 
 
 PRO UAESIONE FIDEI. For breach of 
 faith. 3 Bl. Comm. 52. 
 
 PRO LEGATO. As a legacy; by the title 
 of a legacy. A species of usucaption. Dig. 
 41. 8. 
 
 PRO LUCRARI (Law Lat.) For to gain. 
 Fleta, lib. 6, c. 7, §12. 
 
 PRO MAJORI CAUTELA. For greater 
 caution. 
 
 PRO NON SCRIPTO (Lat.) As not writ- 
 ten; as though it had not been written; as 
 
 never written. Ambl. 139. Pro non scriptis, 
 as void. 7 Wils. & S. 523. 
 
 PRO OPERE ET LABORE (Law Lat.) For 
 work and labor. 
 
 PRO PARTIBUS LIBERANDIS. An an- 
 cient writ for partition of lands between co- 
 heirs. Reg. Orig. 316. 
 
 PRO POSSE SUO. To the extent of his 
 power or ability. Bracton, fol. 109. 
 
 PRO POSSESSORE. As a possessor; by 
 title of a possessor. Dig. 41. 5. See Id. 5. 
 3. 13. 
 
 PRO POSSESSORE HABETUR QUI 
 dole Injuriave desiiit possidere. He is es- 
 teemed a possessor whose possession has 
 been disturbed by fraud or injury. Oflf. 
 Exec. 166. 
 
 PRO QUERENTE (Lat.) For the plain- 
 tiff; usually abbreviated pro quer., or p. q. 
 
 PRO RATA (Lat.) According to the rate, 
 proportion, or allowance. A creditor of an 
 insolvent estate is to be paid pro rata with 
 creditors of the same class. 
 
 PRO RE NATA (Lat.) For the occasion 
 as it may arise. 
 
 PRO SALUTE ANIMAE. For the good of 
 his soul. All prosecutions in the ecclesias- 
 tical courts are pro salute animae; hence it 
 will not be a temporal damage founding 
 an action for slander that the words spoken 
 put any one in danger of such a suit. 3 
 Steph. Comm. (7th Ed.) 309n, 437; 4 Steph. 
 Comm. 207. 
 
 PRO SE. For himself; in his own behalf; 
 in person. 
 
 PRO SOCIO. For a partner; the name of 
 an action in behalf of a partner. A title of 
 the civil law. Dig. 17. 2; Code, 4. 37. 
 
 PRO SOLIDO. For the whole; as one; 
 jointly; without division. Dig. 50. 17. 141. 1. 
 
 PRO TANTO (Lat.) For so much. See 17 
 Serg, & R. (Pa.) 400. 
 
 PRO TEMPORE. For the time being; 
 temporarily; provisionally. 
 
 PROBABILITY. Likelihood; consonance 
 to reason; for sample, there is a strong 
 probability that a man of good moral char- 
 acter, and who has heretofore been remark, 
 able for truth, will, when examined as a wit- 
 ness under oath, tell the truth; and, on the 
 contrary, that a man who has been guilty 
 of perjury will not under the same circum- 
 stances, tell the truth. The former will 
 therefore be entitled to credit, while the lat- 
 ter will not. 
 
 It is not as strong an expression as 
 "proof." "Demonstration produces certain 
 knowledge; proof produces belief and prob- 
 ability opinion." 19 S. C. 39. 
 
PROBABLE 
 
 807 
 
 PROCEDENDO 
 
 I PROBABLE. Having the appearance of 
 I truth; appearing to be founded in reason. 
 That which is probable is that which has 
 more evidence for than against it; which 
 inclines the mind to believe a fact although 
 it leaves some room for doubt. Probabil- 
 ity is that quality or state which presents 
 an appearance of truth. 269 111. 319. 
 
 PROBABLE CAUSE. Such a state of facts 
 as to make it a reasonable presumption 
 that their supposed existence was the cause 
 of action. 
 
 The principal technical use of the phrase 
 is to define the degree of certainty which 
 will justify one in instituting a criminal 
 prosecution, and relieve from liability for 
 malicious prosecution should the charge 
 prove unfounded. 
 
 As so used, "probable cause'' is such a 
 state of facts known to and influencing 
 the prosecutor as would lead a man of or- 
 dinary caution and prudence, acting con- 
 scientiously, impartially, reasonably, and 
 without prejudice, to believe, or entertain 
 an honest and strong suspicion, that the 
 person accused is guilty. Hilliard, Torts, c. 
 12, § 18; 81 Ala. 220; 62 N. Y. 19. 
 
 Belief in the guilt of the person accused 
 must exist (67 Wis. 350), but is not in 
 itself sufficient (56 Mich. 367), if ordinary 
 care, diligence, and impartiality were not 
 exercised (60 Miss. 916). 
 
 PROBABLE EVIDENCE. Presumptive 
 evidence is so called, from its foundation 
 in probability. Butler, Anal. Introd. 
 
 PROBABLE REASONING (l,a.t. argumen- 
 tum verisimile). In the law of evidence. 
 Reasoning founded on the probability of 
 the fact or proposition sought to be proved 
 or shown; reasoning in which the mind 
 exercises a discretion in deducing a con- 
 clusion from premises. Burr. Circ. Ev. 22, 
 23. 
 
 PROBANDI NECESSITAS INCUMBIT 
 llli qui agit. The necessity of proving lies 
 with him who sues. Inst. 2. 20. 4. 
 
 PROBATE COURTS. See "Court of Pro- 
 bate." 
 
 PROBATE OF A WILL. The proof before 
 an officer or court authorized by law that an 
 instrument offered to be proved or recorded 
 is the last will and testament of the_ de- 
 ceased person whose testamentary act it is 
 alleged to be. 
 
 In some jurisdictions, the term is loosely 
 used to denote the proof of claim against 
 estates, etc. 
 
 PROBATIO (Lat.) Proof; more particu- 
 larly direct, as distinguished from indirect, 
 or circumstantial, evidence. 
 
 PROBATIO MORTUA. Dead proof; that 
 is, proof by inanimate objects, such as deeds 
 or other written evidence. 
 
 PROBATIO PLENA. In the civil law. 
 Full proof; proof by two witnesses, or a 
 public instrument. Halifax, Civ. Law, bk, 
 3, c. 9, No. 25; 3 Bl. Comm. 370. 
 
 PROBATIO SEMI-PLENA. In the civil 
 law. Half -full proof; half -proof. Proof 
 by one witness, or a private instrument. 
 Halifax, Civ. Law, bk. 3, c. 9, No. 25; 3 
 Bl. Comm. 370. 
 
 PROBATIO VIVA. Living proof; that is, 
 proof by the mouth of living witnesses. 
 
 PROBATION. The evidence which proves 
 a thing. It is either by record, writing, 
 the party's own oath, or the testimony of 
 witnesses. Proof. It also signifies the time 
 of a novitiate; a trial. Nov. 5. 
 
 PROBATIONES DEBENT ESSE EVI- 
 dentes, Id est, perspicuae et faclles intelligl. 
 Proofs ought to be made evident, that is, 
 clear and easy to be understood. Co. Litt. 
 283. 
 
 PROBATIS EXTREMIS, PRAESU.MITUR 
 media. The extremes being proved, the in- 
 termediate proceedings are presumed. 1 
 Greenl. Ev. § 20. 
 
 PROBATIVE. In the law of the evidence. 
 Having the effect of proof. 
 
 PROBATIVE FACT. In the law of evi- 
 dence. A fact which adtually has the effect 
 of proving a fact sought; an evidentiary 
 fact. 1 Benth. Jud. Ev. 18. 
 
 PRO BATOR. In old Eiigllsh law. Strict- 
 ly, an accomplice in felony who, to save 
 himself, confessed the fact, and charged or 
 accused any other as principal or acces- 
 sary, against whom he was bound to make 
 good his charge. It also signified an ap- 
 prover, or one who undertakes to prove a 
 crime charged upon another. Jacob. 
 
 PROBATORY TERM. In the British 
 courts of admiralty, after the issue is form- 
 ed between the parties, a time for taking 
 the testimony is assigned. This is called a 
 "probatory term." 
 
 This term is common to both parties, and 
 either party may examine his witnesses. 
 When good cause is shown, the term will 
 be enlarged. 2 Brown, Civ. Law, 418; 
 Dunl. Adm. Prac. 217. 
 
 PROBI ET LEGALES HOMINES (Lat.) 
 Good and lawful men; persons competent, 
 in point of law, to serve on juries. Cro. 
 Eliz. 654, 751; Cro. Jac. 635; Mart. & Y. 
 (Tenn.) 147; Hardin (Ky.) 63; Bac. Abr. 
 "Juries" (A). 
 
 PROBITY. Justice; honesty. A man of 
 probity is one who loves justice and hon- 
 esty, and who dislikes the contrary. Wolff 
 Dr. Nat. § 772. 
 
 PROCEDENDO (Lat.) In practice. A writ 
 which issues where an action is removed 
 from an inferior to a superior jurisdiction 
 
PROCEDENDO 01^ AID 
 
 808 
 
 PROCESS 
 
 by habeas corpus, certiorari, or writ of priv- 
 ilege, and it does not appear to such su- 
 perior court that the suggestion upon which 
 the cause has been removed is sufficiently 
 proved; in which case, the superior court 
 by this writ remits the cause to the court 
 from whence it came, commanding the in- 
 ferior court to proceed to the final hearing 
 and determination of the same. See 1 Chit. 
 575; 2 W. Bl. 1060; 1 Strange, 527; 6 Term 
 R. 365; 4 Barn. & Aid. 535; 16 East, 387. 
 
 It also issues where an inferior court un- 
 warrantably delays in giving judgment. 3 
 BL Comm. 109; 4 Minor, Inst. 276, 301. 
 
 PROCEDENDO ON AID PRAYER. If one 
 pray in aid of the crown in real action, and 
 aid be granted, it shall be awarded that he 
 sue to the sovereign in chancery, and the 
 justices in the common pleas shall stay un- 
 til this writ of procedendo de loquela come 
 to them. So, also, on a personal action. 
 New Nat. Brev. 154. 
 
 PROCEDURE. The rule of pleading and 
 practice by which, rights are enforced. It 
 is generally considered as not including the 
 law of evidence. 
 
 PROCEEDING. In its general acceptation, 
 this word means the form in which actions 
 are to be brought and defended, the manner 
 of intervening in suits, of conducting them, 
 the mode of deciding them, of opposing 
 judgments, and of executing. 
 
 In a narrower sense, any act, in the 
 course of an action, done to achieve a given 
 end. 
 
 A prescribed mode of action to carry into 
 effect a right. 1 Duer (N. Y.) 620. 
 
 Ordinary proceedings intend the regular 
 and usual mode of carrying on a suit by 
 due course at common law. 
 
 Summary proceedings are those where 
 the matter in dispute is decided without the 
 intervention of a jury. These must be au- 
 thorized by the legislature, except, perhaps, 
 in cases of contempt, for such proceedings 
 are unknown to the common law. 
 
 In Louisiana there is a third kind of 
 proceeding, known by the name of "execu- 
 tory proceeding," which is resorted to in 
 the following cases: When the creditor's 
 right arises from an act importing a con- 
 fession of judgment, and which contains a 
 privilege or mortgage in his favor; or 
 when _ the creditor demands the execution 
 0^ a judgment which has been rendered by 
 a tribunal different from that within whose 
 jurisdiction the execution is sought. Code 
 La. art. 732. 
 
 In New York, and some other states, the 
 code of practice divides remedies into ac- 
 tions and special proceedings. An action is 
 a regular judicial proceeding, in which one 
 party prosecutes another party for the en- 
 forcement or protection of a right, the re- 
 dress or prevention of a wrong, or the pun- 
 ishment of a public offense. Every other 
 remedy is a special proceeding. Code N. Y. 
 § 2. 
 
 PROCEEDS. Money or articles of value 
 arising or obtained from the sale of prop- 
 erty. Goods purchased with money arising 
 from the sale of other goods, or obtained on 
 their credit, are proceeds of such goods. 2 
 Pars. Mar. Law, 201, 202. The sum, amount, 
 or value of goods sold, or converted into 
 money. Wharton. 
 
 It is a term of equivocal import, depend- 
 ing on the context. 89 Pa. St. 46. 
 
 PROCERES (Lat.) The name by which 
 the chief magistrates in cities were former- 
 ly known. St. Armand, Hist. Eq. 88. 
 
 PROCES VERBAL. In French law. A 
 true relation in writing, in due form of 
 law, of what has been done and said verb- 
 ally in the presence of a public oflftcer, and 
 what he himself does upon the occasion. It 
 is a species of inquisition of office. 
 
 The proces verbal should be dated, con- 
 tain the name, qualities, and residence of 
 the public functionary who makes it, the 
 cause of complaint, the existence of the 
 crime, that which serves to substantiate the 
 charge, point out its nature, the time, the 
 place, the circumstances, state the proofs 
 and presumptions, describe the place, — in a 
 word, everything calculated to ascertain the 
 truth. It must be signed by the officer. 
 Dalloz. 
 
 PROCESS. 
 
 In Practice. The means of compelling 
 
 a defendant to appear in court, after suing 
 out the original writ, in civil, and, after 
 indictment, in criminal, cases. In a broader 
 sense all writs and mandates issued in the 
 course of the proceeding. 15 Pla. 410. 
 
 The method taken by law to compel a 
 compliance with the original writ or com- 
 mands of the court. 
 
 In a strict sense, "process" is confined to 
 the mandate of a court under its seal, 
 whereby a party or an officer of the court 
 is commanded to do certain acts. Thus, 
 the summons used in many states, signed 
 by plaintiff's attorney only, is not process. 
 12 Minn. 80; J7 Ore. 564. 
 
 In civil causes, in all real actions and 
 for injuries not committed against the 
 peace, the first step was a summons, which 
 was served in personal actions by two per- 
 sons called summoners, in real actions by 
 erecting a white stick or wand on the de- 
 fendant's grounds. If this summons was 
 disregarded, the next step was an attach- 
 ment of the goods of the defendant, and in 
 case of trespasses the attachment issued at 
 once without a summons. If the attach- 
 ment failed, a distringas issued, which was 
 continued till he appeared. Here process 
 ended in injuries not committed with force. 
 In case of such injuries, an arrest of the 
 person was provided for. See "Arrest." In 
 modern practice some of these steps are 
 omitted; but the practice of the different 
 states is too various to admit tracing here 
 the differences which have resulted from re- 
 taining different steps of the process. 
 
PROCESS OP GARNISHMENT 
 
 809 
 
 PROCLAMATION 
 
 In the English law, process in civil 
 causes is called "original" process, when it 
 is founded upon the original writ; and also 
 to distinguish it from mesne or intermediate 
 process, which issues pending the suit, 
 upon some collateral interlocutory matter, 
 as, to summon juries, witnesses, and the 
 like. "Mesne" process is also sometimes 
 put in contradistinction to "final" process, 
 or process of execution; and then it signi- 
 fies all process which intervenes between 
 the beginning and end of a suit. 3 BI. Comm. 
 279. And this is the modern usage. 31 N. 
 J. Law, 231. 
 
 In Patent Law. The art or method by 
 
 which any particular result is produced. 
 
 A process, eo nomine, is not made the 
 subject of a patent in our act of congress. 
 It is included under the general term "use- 
 ful art." Where a result or effect is pro- 
 duced by chemical action, by the operation 
 or application of some element or power of 
 nature, or of one substance to another, such 
 modes, methods, or operations are called 
 "processes." A new process is usually the 
 result of discovery; a machine, of inven- 
 tion. The arts of tanning, dyeing, making 
 waterproof cloth, vulcanizing india rubber, 
 smelting ores, and numerous others, are 
 usually carried on by "processes," as dis- 
 tinguished from "machines." But the term 
 "process" is often employed more vaguely 
 in a secondary sense, in which it cannot 
 be the subject of a patent. Thus, we say 
 that a board is undergoing the process of 
 being planed, grain of being ground, iron 
 of being hammered or rolled. Here the 
 term is used subjectively or passively, as 
 applied to the material operated on, and 
 not to the method or mode of producing 
 that operation, which is by mechanical 
 means, or the use of a machine, as distin- 
 guished from a process. In this use of the 
 term it represents the function of a ma- 
 chine, or the effect produced by it on the 
 material subjected to the action of the ma- 
 chine, and does not constitute a patentable 
 subject matter, because there cannot be a 
 valid patent for the function or abstract 
 effect of a machine, but only for the ma- 
 chine which produces it. 15 How. (U. S.) 
 267, 268. See 2 Barn. & Aid. 349. 
 
 PROCESS OF GARNISHMENT. See "Gar- 
 nishment." 
 
 PROCESS OF LAW. See "Due Process of 
 Law." 
 
 PROCESS ROLL. In practice. A roll used 
 for the entry of process to save the statute 
 of limitations. 1 Tidd, Prac. 161, 162. 
 
 PROCESSIONING. A term used to denote 
 the manner of ascertaining the boundaries 
 of land. It consists in a survey of the lands 
 in the presence of all persons interested 
 who shall have been previously given no- 
 tice. Comp. St. Tenn. 548. The term is 
 also used in North Carolina (3 Murph. 504; 
 3 Dev. 268), and Georgia (69 Ga. 53). 
 
 It is similar to the English "perambula- 
 tion" (q. V.) 
 
 PROCESSUM CONTINUANDO. In Eng- 
 lish practice. A writ for the continuance 
 of process after the death of the chief jus- 
 tice or other justices in the commission of 
 oyer and terminer. Reg. Orig. 128. 
 
 PROCESSUS LEGIS EST GRAVIS VEXA- 
 tlo, executio legis coronat opus. The process 
 of the law is a grievous vexation; the exe- 
 cution of the law crowns the work. Co. Litt. 
 289. 
 
 PROCHEIN. (Law Fr.) Next. A term 
 somewhat used in modern law, and more 
 frequently in the old law; as, prochein ami 
 prochein cousin. Co. Litt. 10. 
 
 PROCHEIN AMI (Law Fr.; spelled, also, 
 prochein am,y and proehain amy). Next 
 friend. He who, without being appointed 
 guardian, sues in the name of an infant 
 for the recovery of the rights of the latter, 
 or does such other acts as are authorized 
 by law; as, in Pennsylvania, to bind the 
 infant apprentice. 3 Serg. & R. (Pa.) 172; 
 1 Ashm. (Pa.) 27. For some of the rules 
 with respect to the liability or protection 
 of a prochein ami, see 3 Madd. 468 ; 4 Madd. 
 461; 2 Strange, 709; 1 Dick. 346; 1 Atk. 
 570; Mosely, 47, 85; 1 Ves. Jr. 409; 7 Ves. 
 425; 10 Ves. 184; Edwards, Parties, 182- 
 204. 
 
 PROCHEIN AVOIDANCE. Next vacancy. 
 Used in respect to appointments to ecclesi- 
 astical vacancies. 
 
 PROCINCTUS (Lat. irora prodngi [prop- 
 erly, praecingil, ts be girt about). In the 
 Roman law. A girding or preparing for 
 battle. Testam,entum in procinctu, or testa- 
 mentum procinctum, a will made by a sol- 
 dier, while girding himself, or preparing 
 to engage in battle. A. Gell. Noct. Att. 
 lib. XV. c. 27, note 4; Adams, Rom. Ant. 
 62; Calv. Lex. This mode of making a 
 will had become obsolete in the time of 
 Justinian. Inst. 2. 10. 1. 
 
 PROCLAMARE (Lat.) 
 
 In the Civil Law. To cry out, or pro- 
 claim; to give warning. Inst. 4. 3. 5. 
 
 To assert a claim. Calv. Lex. 
 
 In Old European Law. To appeal (to 
 
 a higher court). Flod. lib. 3, c. 23; Capit. 
 lib. 6, c. 299; Spelman. 
 
 PROCLAMATION. The act of causing 
 some state matters to be published or made 
 generally known. A written or printed doc- 
 ument in which are contained such mat- 
 ters, issued by proper authority; as, the 
 president's proclamation, the governor's 
 proclamation, the mayor's proclamation. 
 The word "proclamation" is also used to 
 express the public nomination made of any 
 one to a high office; as, such a prince was 
 proclaimed emperor. 
 
PROCLAMATION OP EXIGENTS 
 
 810 
 
 PROCURATOR NEGOTIORUM 
 
 The giving of publicity is essential to 
 the idea of a proclamation, no paper being 
 such until it is in some manner published. 
 101 U. S. 770. 
 
 — i— In Practice. The declaration made by 
 the crier, by authority of the court, that 
 something is about to be done. 
 
 It usually commences with the French 
 word oyez (hear ye), in order to at- 
 tract attention. It is particularly used on 
 the meeting or opening of the court, and 
 at its adjournment. It is also frequently 
 employed to discharge persons who have 
 been accused of crimes or misdemeanors. 
 
 PROCLAMATION OF EXIGENTS. In old 
 
 English practice. On awarding an exigent, 
 in order to outlawry, a writ of proclama- 
 tion issued to the sheriff of the county 
 where the party dwelt, to make three proc- 
 lamations for the defendant to yield him- 
 self or be outlawed. 
 
 PROCLAMATION OF REBELLION. In 
 
 old English practice. When a party neg- 
 lected to appear upon a subpoena, or an at- 
 tachment in the chancery, a writ bearing 
 this name issued, and, if he did not sur- 
 render himself by the day assigned, he was 
 reputed and declared a rebel. 
 
 PROCLAMATION OF RECUSANTS. A 
 
 proceeding whereby such persons were for- 
 merly convicted, on nonappearance at the 
 assizes. Jacob. 
 
 PROCREATION.^ The generation of chil- 
 dren. It is an act authorized by the law of 
 nature. One of the principal ends of mar- 
 riage is the procreation of children. Inst, 
 tit. 2. pr. 
 
 PROCTOR. One appointed to represent in 
 judgment the party who empowers him, 
 by writing under his hand, called a "proxy." 
 The term is used chiefly in the courts of 
 civil, ecclesiastical, and admiralty law. The 
 proctor is somewhat similar to the attorney. 
 Ayliffe, Par. 421. 
 
 PROCURACY. The writing or instrument 
 which authorizes a procurator to act. Cow- 
 ell; Termes de la Ley. 
 
 PROCURARE (Lat. from pro, for, and 
 eurare, to take care of). To take care of 
 another's affairs for him, or in his behalf; 
 to see to the affairs of another; to govern; 
 to manage; to take care of, or superintend. 
 Dig. 17. 1. 34. 
 
 PROCURATIO (Lat. from procurare, to 
 manage). Management of another's affairs 
 by his direction, and in his behalf; pro- 
 curation; administration; agency. See 
 "Procuration." 
 
 A taking care of another. Spelman. 
 
 PROCURATION. In civil law. The act 
 by which one person gives power to another 
 to act in his place, as he could do himself. 
 A letter of attorney. i 
 
 An express procuration is one made by 
 the express consent of the parties. An im- 
 plied or tacit procuration takes place when 
 an individual sees another managing his 
 affairs and does not interfere to prevent 
 it. Dig. 17. 1. 6. 2; Id. 50. 17. 60; Code, 
 7. 32. 2. 
 
 Procurations are also divided into those 
 which contain absolute power, or a general 
 authority, and those which give only a lim- 
 ited power. Dig. 3. 3. 58; Id. 17. 1. 60. 4. 
 Procurations are ended in three ways: 
 First, by the revocation of the authority; 
 second, by the death of one of the parties; 
 third, by the renunciation of the manda- 
 tory, when_ it is made in proper time and 
 place, and it can be done without injury to 
 the person who gave it. Inst. 3. 27; Dig. 
 17. 1; Code. 4. 35. See "Authority;" "Let- 
 ter of Attorney;" "Mandate." 
 
 PROCURATION FEE (or MONEY). In 
 English law. Brokerage or commission al- 
 lowed to scriveners and solicitors, for ob- 
 taining loans of money. 4 Bl. Comm. 157. 
 
 PROCURATIONS. In ecclesiastical law. 
 Certain sums of money which parish priests 
 pay yearly to the bishops or archdeacons 
 ratione visitationis. Dig. 3. 39. 25; Ayliffe, 
 Par. 429; 17 Viner, Abr. 544. 
 
 PROCURATOR. In civil law. A proctor; 
 a person who acts for another by virtue 
 qf a procuration. Procurator est, qui aliena 
 negotia mandata Domini administrat. Dig. 
 3. 3. 1. See "Attorney;" "Authority." 
 
 PROCURATOR, FISCAL. In Scotch law. 
 A public prosecutor. Bell, Diet. 
 
 PROCURATOR IN REM SUAM. In Scotch 
 law. A term which imports that one is 
 acting as attorney as to hit, own property. 
 When an assignment of a thing is made, as 
 a debt, and a procuration or power of at- 
 torney is given to the assignee to receive 
 the same, he is in such case procurator in 
 rem suam. 3 Stair, Inst. 1. 2. 3, etc.; 3 
 Ersk. Inst. 3. 5. 2; 1 Bell, Diet. bk. 5, c. 
 2, sec. 1, § 2. 
 
 PROCURATOR LITIS (Lat.) In civil law. 
 One who, by command of another, insti- 
 tutes and carries on for him a suit. Vicat. 
 Procurator is properly used of the attor- 
 ney of actor (the plaintiff) , defensor of the 
 attorney of re%is (the defendant). It is 
 distinguished from advocatus, who was one 
 who undertook the defense of persons, not 
 things, and who was generally the patron 
 of the person whose defense he prepared, 
 the person himself speaking it. It is also 
 distinguished from cognitor, who conducted 
 the cause in the presence of his principal, 
 and generally in cases of citizenship; 
 whereas the procurator conducted the 
 cause in the absence of his principal. Calv. 
 Lex. 
 
 PROCURATOR NEGOTIORUM (Lat.) In 
 the civil law. The manager of another's 
 
PROCURATOR PROVINCIAL 
 
 811 
 
 PROFERT IN CURIA 
 
 business or affairs; an agent; an attorney 
 in fact. Calv. Lex. 
 
 PROCURATOR PROVINCIAE (Lat.) In 
 the Roman law. A provincial oflBcer who 
 managed the affairs of the revenue, and had 
 a judicial power in matters that concerned 
 the revenue. Adams, Rom. Ant. 178. 
 
 PROCURATORIUM (Lat.) The proxy or 
 instrument by which a proctor is consti- 
 tuted and appointed. 
 
 PROCURATORY OF RESIGNATION. In 
 Scotch law. A form of proceeding by which 
 a vassal authorizes the feu to be returned 
 to his superior. Bell, Diet. It is analogous 
 to the surrender of copyholds in Kngland. 
 Wharton. 
 
 PROCUREUR. In French law. An attor- 
 ney; one who has received a commission 
 from another to act on his behalf. There 
 were in France two classes of procureurs: 
 Procureurs ad negotia, appointed by an in- 
 dividual to act for him in the administra- 
 tion of his affairs; persons invested with a 
 power of attorney; corresponding to "at- 
 torneys in fact." Procureurs ad lites were 
 person appointed and authorized to act for 
 a party /in a court of justice. These cor- 
 responded to attorneys at law (now called, 
 in England, "solicitors of the supreme 
 court"). The order of procureurs was abol- 
 ished in 1791, and that of avoues estab- 
 lished in their place. Mozley & W. 
 
 PROCUREUR GENERAL. In French law. 
 An officer of the French court, who either 
 personally or by his deputy prosecutes 
 every one who is accused of a crime, ac- 
 cording to the forms of French law. His 
 functions appear to be confined to prepar- 
 ing the case for trial at the assizes, as- 
 sisting in that trial, demanding the sen- 
 tence in case of a conviction, and being 
 present at the delivery of the sentence. He 
 has a general superintendence over the of- 
 ficers of police and of the juges d'instruc- 
 tion, and he requires from the procureur du 
 roi a general report once in every three 
 months. Brown. 
 
 PRODES HOMINES. The barons of , the 
 realm. 
 
 PRODIGUS. In civil law. A person who, 
 though of full age, is incapable of manag- 
 ing his affairs, and of the obligations which 
 attend them, in consequence of his bad con- 
 duct, and for whom a curator is therefore 
 appointed. 
 
 PRODITION. Treason; treachery. 
 
 PRODITOR. A traitor. 
 
 PRODITORIE (Lat.) Treasonably. This 
 is a technical word formerly used in indict- 
 ments for treason, when they were written 
 in Latin. 
 
 PRODUCENT. In ecclesiastical law. He 
 who produces a witness to be examined. 
 
 PRODUCTIO SECTAE (Law Lat.) In old 
 English law. Production of suit; the pro- 
 duction, by a plaintiff, of his secta or suit, 
 that is, a number of persons prepared to 
 confirm what he had stated in his count 
 (or intentio). This was done at the time 
 of counting, or immediately after, and was 
 expressed by the phrase at the end of the 
 count or declaration: "Et inde producit 
 sectam," and thereupon, or thereof, he pro- 
 duces suit. Translated in the modern 
 forms: "And therefore he brings suit." 
 Et inde statim prodaicat sectam sufficien- 
 tem, duos ad minus, vel tres, vel plures, si 
 possit, and thereupon he should immedi- 
 ately produce a sufficient suit, two at least, 
 or three or more, if he can. Bracton, fol. 
 410. See Id. 159, 314b; Steph. PL 429, and 
 note. 
 
 PRODUCTION OF SUIT (productio sec- 
 tae). The concluding clause of all declara- 
 tions is, "and thereupon he brings his suit." 
 In old pleading this referred to the produc- 
 tion by the plaintiff of his secta or suit, 
 i. €., persons prepared to confirm what he 
 had stated in the declaration. 
 
 The phrase has remained; but the prac- 
 tice from which it arose is obsolete. 3 
 Bl. Comm. 295; Steph. PI. 428. 
 
 PROFANE. That which has not been con- 
 secrated. By a profane place is understood 
 one which is neither sacred, nor sanctified, 
 nor religious. Dig. 11, 7. 2. 4. 
 
 PROFANELY. In a profane manner. In 
 an indictment, under the act of assembly 
 of Pennsylvania, against profanity, it is 
 requisite that the words should be laid to 
 have been spoken profanely. 11 Serg. & 
 R. (Pa.) 394. 
 
 PROFANENESS, or PROFANITY. In 
 criminal law. Imprecations in the name of 
 the Deity. 
 
 It is a form of blasphemy. 8 Conn. 375. 
 
 PROFECTITUS (Lat.) In civil law. That 
 which descends to us from our ascendants. 
 Dig. 23. 3. 5. 
 
 PROPER (Law. Lat. proferus, profrus, 
 from Law Fr. proferer, to produce). In 
 old English law. An offer or proffer; an 
 offer or endeavor to proceed in an. action, 
 by any man concerned to do so. Cowell. 
 A judicial offer to do some act. 
 
 A return made by a sheriff of his ac- 
 counts into the exchequer; a payment made 
 on such return. Cowell. 
 
 PROFERT IN CURIA (Lat. he producee in 
 court. Sometimes written profert in cur- 
 iam, with the same meaning) . In pleading. 
 A declaration on the record that a party 
 produces the deed under which he makes 
 title in court. In ancient practice, the deed 
 itself was actually produced; in modern 
 times, the allegation only is made in the 
 declaration, and the deed is then construct- 
 
PROFESSION 
 
 812 
 
 PROFITS 
 
 ively In possession of the court. 3 Salk. 
 119; 6 Man. & G. 277; 11 Md. 322. 
 
 Profert is, in general, necessary when 
 either party pleads a deed and claims 
 rights under it, whether plaintiff (2 Dutch. 
 [N. J.] 293) or defendant (17 Ark. 279). 
 to enable the court to inspect and construe 
 the instrument pleaded, and to entitle the 
 adverse party to oyer thereof (10 Coke, 
 92b; 1 Chit. PI. 414; 1 Archb. Prac. 164), 
 and is not necessary when the party pleads 
 it without making title under it (Gould, 
 PI. c. 7, p. 2, §47). But a party who 
 is actually or presumptively unable to pro- 
 duce a deed may plead it without profert, 
 as in suit by a stranger (Comyn, Dig. 
 "Pleader" [0 8]; Cro. Jac. 217; Cro. Car 
 441; Carth. 316), or one claiming title by 
 operation of law (Co. Litt. 225; Bac. Abr. 
 "Pleas" [I 12]; 5 Coke, 75), or where the 
 deed is in the possession of the adverse 
 party, or is lost. In all these cases, the 
 special facts must be shown, to excuse the 
 want of profert. See Gould, PI. c. 8, p. 
 2; Lawes, PL 96; 1 Saund. 9a, note. 
 Profert and oyer are abolished in England 
 by the common-law procedure act (15 & 16 
 Vict. _c. 76), and a provision exists (14 & 
 15 Vict. c. 99) for allowing inspection of 
 all documents in the possession or under 
 the control of the party against whom the 
 inspection is asked. See 25 Eng. Law & 
 Eq. 304. In many of the states of the 
 United States profert has been abolished, 
 and in some instances the instrument must 
 be set forth in the pleading of the party 
 relying upon it. The operation of profert 
 and oyer, where allowed, is to make the 
 deed a part of the pleadings of the party 
 producing it. 11 Md. 322; 3 Cranch (U. S.) 
 234. See 7 Cranch (U. S.) 176. 
 
 PROFESSION. A public declaration re- 
 specting something. Code, 10. 41. 6. A 
 state, art, or mystery; as, the legal pro- 
 fession. Dig. 1. 18. 6. 4; Domat, Dr. Pub. 
 lib. 1, tit. 9, §1, note 7. See 41 Mich. 
 155. 
 
 In Ecclesiastical Law. The act of en- 
 tering into a religious order. See 17 Viner, 
 Abr. 545. 
 
 PROFICUUIVI. (L. Lat.) In old English 
 law. Profit. 
 
 PROFIT A PRENDRE. A right to take 
 products or emblements from the lands of 
 another. 
 
 "Under the term 'profit' is comprehended 
 the produce of the soil, whether it arise 
 above or below the surface, as herbage, 
 wood, turf, coal, minerals, stones; also fish 
 in a pond or stream." 9 S. E. 562. 
 
 Profits a prendre are distinguished from 
 easements, in that they are rights of profit, 
 while an easement is a right without profit. 
 See "Easement." 
 
 PROFITS. An excess of the value of re- 
 turns over the value of expenditures. The 
 net amount made after deducting any 
 
 proper expenses incident to the transaction. 
 2 Sneed (Tenn.) 452; 15 Minn. 519. 
 
 The expenses to be deducted are ordi- 
 narily the current expenses incident to the 
 business; not such items as the deprecia- 
 tion of buildings in which the business is 
 carried on. 94 U. S. 500. 
 
 This is a word of very extended significa- 
 tion. In commerce, it means the advance 
 in the price of goods sold beyond the cost 
 of purchase. In distinction from the wages 
 of labor, it is well understood to imply the 
 net return to the capital or stock employed, 
 after deducting all the expenses, including 
 not only the wages of those employed by 
 the capitalist, but the wages of the capi- 
 talist himself for superintending the em- 
 ployment of his capital or stoCk. Smith, 
 Wealth of Nations, bk. i. c. 6, and McCul- 
 loch's notes; Mill, Pol. Econ. c. 15. After 
 indemnifying the capitalist for his outlay, 
 there commonly remains a surplus, which is 
 his profit, the net income from his capital. 
 1 Mill, Pol. Econ. c. 15. The word "profit" 
 is generally used by virriters on political 
 economy to denote the difference between 
 the value of advances and the value of re- 
 turns made by their employment. 
 
 The profit of the farmer and the manu- 
 facturer is the gain made by the sale of 
 produce or manufactures, after deducting 
 the value of the labor, materials, rents, and 
 all expenses, together with the interest of 
 the capital employed, — whether land, build- 
 ings, machinery, instruments, or money. 
 The rents and profits of an estate, the in- 
 come or the net income of it, are all equiva- 
 lent expressions. The, income or the net 
 income of an estate means only the profit it 
 will yield after deducting the charges of 
 management. 5 Me. 202, 203; 35 Me. 420, 
 421. 
 
 Under the term "profit" is comprehended 
 the produce of the soil, whether it arise 
 above or below the surface; as, herbage, 
 wood, turf, coals, minerals, stones; also 
 fish in a pond or running water. Profits 
 are divided into profits a prendre, or those 
 taken and enjoyed by the mere act of the 
 proprietor himself, and profits a vendre, 
 namely, such as are received at the hands 
 of and rendered by another. Hammond, 
 N. P. 172. 
 
 Profits are divided by writers on political 
 economy into gross and net, — gross profits 
 being the whole difference between the 
 value of advances and the value of returns 
 made by their employment, and net profits 
 being so much of that difference as is at- 
 tributable solely to the capital employed. 
 What remains as the clear gains in any 
 business venture after deducting the capital 
 invested, the -expense incurred and the loss 
 sustained. 83 Mich. 63. 
 
 The remainder of the difference, or in 
 other words, the gross profits minus the 
 net profits, has no particular name; but it 
 represents the profits attributable to in- 
 dustry, skill, and enterprise. See Malthus, 
 Def. Pol. Econ.; McCulloch, Pol. Econ. (4th 
 
PROGRESSION 
 
 813 
 
 PROLYTAE 
 
 Ed.) 563. But the word "profit" is gen- 
 erally used in a less extensive signification, 
 and presupposes an excess of the value of 
 returns over the. value of advances. 
 
 PROGRESSION (Lat. progressio; from 
 pro and gredior, to go forward). That 
 state of a business which is neither the 
 commencement nor the end. Some act done 
 after the matter has commenced, and be- 
 fore it is completed. Plowd. 343. 
 
 PROHAEREDES. (L. Lat.) In old Eu- 
 ropean law. Persons acting for heirs, or 
 in place of heirs. 
 
 gemote heirs. Spelman. 
 
 PROHIBETUR NE QUIS FACIAT IN SUO 
 quod nocere possit alieno. It is prohibited to 
 do on one's own property that which may 
 injure another's. 9 Coke, 59. 
 
 PROHIBITIO DE VASTO, DIRECTA PAR- 
 
 tl. A judicial writ which used to be ad- 
 dressed to a tenant, prohibiting him from 
 waste pending suit. Reg. Jud. 21; Moore, 
 917. 
 
 PROHIBITION (Lat. prohibition; from 
 pro and habeo, to hold back). In practice. 
 The name of a writ issued by a superior 
 court, directed to the judge and parties of 
 a suit in an inferior court, commanding 
 them to cease from the prosecution of the 
 same, upon a suggestion that the cause 
 originally, or some collateral matter aris- 
 ing therein, does not belong to that jurisdic- 
 tion, but to the cognizance of some other 
 court. 3 Bl. Comm. 112; Comyn, Dig.; 
 Bac. Abr.; Saund. Index; Viner, Abr.; 2 
 Sellon, Prac. 308; Ayliffe, Par. 434; 2 H. 
 Bl. 533. 
 
 The writ is based on absence of jurisdic- 
 tion, and will issue only where the lower 
 court has either no jurisdiction of the ac- 
 tion (47 Cal. 584; 4 Minn. 366; 60 N. Y. 
 31), or where, having jurisdiction of a 
 cause, it proceeds to some act beyond its 
 power (20 N. Y. 531). But where the 
 lower court has jurisdiction of all matters 
 involved, mere error in its decision is no 
 ground for prohibition. 100 Mo. 59; 13 
 Ind. 235. 
 
 "The writ of prohibition, as its name 
 imports, is one which commands the per- 
 son to whom it is directed not to do some- 
 thing which, by the suggestion of the re- 
 lator, the court is informed he is about to 
 do. If the thing be already done, it is mani- 
 fest that the writ of prohibition cannot 
 undo it, for that would require an affirma- 
 tive act, and the only effect of a writ of 
 prohibition is to prevent any further pro- 
 ceedings in the prohibited direction." 4 
 Wall. (U. S.) 159. 
 
 PROHIBITIVE IMPEDIMENTS. Those 
 impediments to a marriage which are only 
 followed by a punishment, but do not ren- 
 der the marriage null. Bovyyer, Mod. Civ. 
 Law, 44. 
 
 PROJECT (Fr.) In international law. The 
 draft of a proposed treaty or convention. 
 
 PROJECTIO (Lat. from projicere, to cast 
 up). In old English law. A throwing up 
 of earth by the sea. Used by Sir Matthew 
 Hale a synonym of alluvia. 
 
 PROLEM ANTE MATRIMONIUM NA- 
 tam, ita u't post legltimam, lex civilis suc- 
 cedere facit in haereditate parentum; sed 
 prolem, quam matrimonlum non parit, suc- 
 cedere non sinit lex Anglorum. The civil law 
 permits the offspring born before marriage 
 [provided such offspring be afterwards le- 
 gitimized] to be the heirs of their parents; 
 but the law of the English does not suffer 
 the offspring not produced by the marriage 
 to succeed. Fortescue, c. 39. 
 
 PROLES (Lat.) Progeny; such issue as 
 proceeds from a lawful marriage, and, in 
 its enlarged sense, it signifies any children. 
 
 PROLES SEQUITUR SORTEM PATER- 
 nam. The offspring follows the condition of 
 the father. 1 Sandf. Ch. (N. Y.) 583, 660. 
 
 PROLETARIUS. In civil law. One who 
 had no property to be taxed, and paid a 
 tax only on account of his children 
 (proles) ; a person of mean or common ex- 
 traction. The word has become Frenchified, 
 proletaire signifying one of the common 
 people. 
 
 PROLICIDE (Lat. proles, offspring, ced- 
 ere, to kill). In medical jurisprudence. 
 A word used to designate the destruction 
 of the human offspring. Jurists divide the 
 subject into "foeticide," or the destruction 
 of the foetus in utero, and "infanticide," 
 or the destruction of the new-born infant. 
 Ryan, Med. Jur. 137. 
 
 PROLIXITY. The unnecessary and super- 
 fiuous statement of facts in pleading or in 
 evidence. This will be rejected as imperti- 
 nent. 7 Price, 278, note. 
 
 PROLOCUTOR (Lat. pro and loquor, to 
 speak before). In ecclesiastical law. The 
 president or chairman of a convocation. 
 
 PROLONGATION. Time added to the du- 
 ration of something. 
 
 When the time is lengthened during 
 which a party is to perform a contract, the 
 sureties of such a party are, in general, dis- 
 charged, unless the sureties consent to such 
 prolongation. 
 
 In the civil law, the prolongation of time 
 to the principal did not discharge the 
 surety. Dig. 2. 14. 27; Id. 12. 1. 40. 
 
 PROLYTAE (Lat.) In Roman law. The 
 term used to denominate students of law 
 during the fifth and last year of their stud- 
 ies. They were left during this year very 
 much to their own direction, and took the 
 name prolytae omnino soluti. They studied 
 chiefly the Code and the imperial constitu- 
 
PROMISE 
 
 814 
 
 PROMUTUUM 
 
 tions. See Dig. Pref. Prim. Const. 2; Calv. 
 Lex. 
 
 PROMISE. An engagement by which the 
 promisor contracts towards another for the 
 performance of some act. 1 Denio (N. Y.) 
 226. 
 
 "We are in the habit of considering as 
 the essential feature of contract a promise 
 by one party to another, or by two parties 
 to one another, to do or forbear from doing 
 certain acts. We are further in the habit 
 of using the word 'promise' to signify a 
 binding promise, as opposed to the offer of 
 a promise, or, to use the cumbrous term- 
 inology of Austin, a pollicitation. * * * 
 There are then three stages necessary to 
 the making of that sort of agreement 
 which results in contract: There must be 
 an offer, there must be an acceptance of 
 the offer resulting in a promise, and the 
 . law must attach a binding force to the 
 promise, so as to invest it with the char- 
 acter of an obligation." Anson, Cont. 4. 
 
 PROMISE OF MARRIAGE. A contract 
 between a man and a woman to marry each 
 other at some future time. The implied 
 agreement is, if no time be expressed, to 
 marry within a reasonable time. 42 Mich. 
 346; 97 Pa. St. 465. 
 
 The agreement need not be in any set 
 form (53 N. Y. 267), nor in express terms, 
 but may be inferred from conduct (71 Hun 
 [N. Y.] 137; 85 111. 222; 23 Barb. [N. Y.] 
 639). 
 
 To render the contract valid, the par- 
 ties must be competent to contract gen- 
 erally (8 Mich. 318; 26 Barb. [N. Y.] 615), 
 and, moreover, must be able to enter into 
 the marriage relation; a promise by one al- 
 ready married (60 N. Y. Stiper. Ct. 222), 
 or one who is impotent (41 N. J. Law, 13), 
 being void; but precontract to marry an- 
 other does not invalidate the promise (18 
 Mo. 389). 
 
 PROMISEE. A person to whom a promise 
 has been < made. 
 
 PROMISOR. One who makes a promise. 
 
 PROMISSORY NOTE. A written promise 
 to pay a certain sum of money at a future 
 time, unconditionally. Bailey, Bills, 1; 3 
 Kent, Comm. 74; 7 Watts & S. (Pa.) 264; 
 2 Humph. (Tenn.) 143; 10 Wend. (N. Y.) 
 675; 1 Ala. 263; 7 Mo. 42; 2 Cow. (N. Y.) 
 536; 6 N. H. 364; 7 Vern. 22. 
 
 A written engagement to pay absolutely 
 to a person named, or to order or bearer, 
 at a specified time or on demand, a certain 
 sum of money. 10 111. 252; 15 Mass. 387; 
 127 N. Y. 92. 
 
 No particular form of expression is re- 
 quired. 37 111. 137; 7 Vt. 22. 
 
 A date is not essential. 32 Ind. 375; 30 
 Vt. 11; 76 Ala. 339. 
 
 The promise must be unconditional. 30 
 Minn. 441; 6 Wis. 209. 
 
 The promise to pay may be implied from 
 a phrase such as "good for," etc. (33 111. 
 
 424; 6 N. H. 364), of- "due to," etc. (88 
 Hun [N. Y.] 535; 27 111. 337; 17 Ga. 574). 
 
 To be a promissory note, the instrument 
 must be for the payment of money only. 
 40 Ark. 344; 20 N. Y. 272; 17 Wis. 139. 
 
 The payee must be clearly designated (13 
 Ga. 55; 6 Mo. App. 583; 1 111. 18); but 
 this may be done by description, without 
 naming him (16 111. 169). 
 
 •The consideration need not be expressed. 
 127 N. Y. 92; 26 Or. 315; 8 Cal. 288. 
 
 The place of payment need not be stated. 
 31 Tex. 614. 
 
 The time of payment must be designated, 
 unless the note is payable "on demand" (86 
 U. S. 560). But see 8 Miss. 176; 1 Pin. 
 (Wis.) 643. 
 
 The amount, payable must be certain (60 
 Mich. 432), but the addition of "current ex- 
 change" (9 Mich. 241; 54 Minn. 184; 10 
 Wis. 34), or "attorneys' fees" (82 Ind. 
 370), does not prevent the instrument be- 
 ing a note. 
 
 The decisions are in conflict as to 
 whether negotiability is an essential of a 
 promissory note. That it is not, see 1 Ga. 
 226; 46 Me. 387; 10 Gill & J. 299; 6 Gush. 
 (Mass.) 172; 34 Vt. 402. Contra, 1 111. 
 18; 8 N. J. Law, 262; 66 N. Y. 14. 
 
 PROMOTERS. 
 
 In English Law. Those who, in popu- 
 lar or penal actions, prosecute in their own 
 names and the king's, having part of the 
 fines and penalties. 
 
 In Modern Corporation Law. Those 
 
 persons who manage the incorporation of a 
 company, issuing prospectuses, procuring 
 the stock subscriptions, organizing, etc. 
 Any one who actively assists in doing this, 
 whether as a business or in a single in- 
 stance, is a promoter. 1 Fletcher Cyclopedia 
 Corporations 264. 
 
 PROMOVENT. A plaintiff in a suit of 
 duplex querela (q. v.) 2 Prob. Div. 192. 
 
 PROMULGATION. The order given to 
 cause a law to be executed, and to make 
 it public. It differs from "publication." 1 
 Bl. Comm. 45; St. 6 Hen. VI. c. 4. 
 
 PROMUTUUM (Lat.) In civil law. A 
 quasi contract, by which he who receives a 
 certain sum of money, or a certain quantity 
 of fungible things, which have been paid to 
 him through mistake, contracts towards the 
 payer the obligation of returning him as 
 mifch. Poth. de I'Usure, pt. 3, § 1, a. 1. 
 
 This contract is called promutuum, be- 
 cause it has much resemblance to that of 
 mutuum. This resemblance consists in this : 
 First, that in both a sum of money or some 
 fungible things are required; second, that 
 in both there must be a transfer of the 
 property in the thing; third, that in both 
 there must be returned the same amount 
 or quantity of the thing received. But, 
 though there is this general resemblance 
 between the two, the mutuum differs essen- 
 tially from the promutuum. The former i8 
 
PRONUNCIATIO 
 
 815 
 
 PROPRES 
 
 the actual contract of the parties, made 
 expressly, but the latter is a quasi contract, 
 which is the effect of an error or mistake. 
 1 Bouv. Inst, notes 1125, 1126. 
 
 PRONUNCIATIO (Lat. Prom pronun- 
 eiare, to pronounce.) In old English law. 
 Delivery of judgment on a verdict. Bract, 
 fol. 289. 
 
 PROOF. The conviction or persuasion of 
 the mind of a judicial tribunal by the ex- 
 hibition of evidence of the reality of a fact 
 alleged. See "Evidence." 
 
 PROPER FEUDS. The original and gen- 
 uine feuds held by pure military service. 
 
 PROPERTY. The right and interest which 
 a man has in lands and chattels, to the ex- 
 clusion of others. 6 Bin. (Pa.) 98; 4 Pet. 
 (U. S.) 511; 17 Johns. (N. Y.) 283; 59 N. 
 Y. 192; 31 Cal. 637; 11 East, 290, 518; 14 
 East, 370. 
 
 The right to possess, use, enjoy, and dis- 
 pose of a thing in any manner not forbid- 
 den by law (56 N. Y. 268; 31 Cal. 637); 
 the power of disposition being essential (13 
 N. Y. 396; 70 Mich. 537). 
 
 The term is frequently applied to that 
 which is the subject of property and in 
 this sense it includes everything corporeal 
 or incorporeal which is the subject of own- 
 ership. 26 Conn. 449; 84 N. Y. 565. It in- 
 cludes choses in action. 23 Minn. 239. 
 
 Within legal and constitutional provis- 
 ions for the protection of "property," it 
 has been held to include the right to labor 
 (33 Hun [N. Y.] 374), to practice a pro- 
 fession (90 Pa. St. 477), the right to take 
 an appeal (57 Cal. 464). See "Real Prop- 
 erty;" "Chattel Property." 
 
 PROPERTY PER INDUSTRIAM. A quali- 
 fied property in animals acquired by re- 
 claiming or confining them. 
 
 PROPERTY PROPTER IMPOTENTIAM. 
 A qualified property which one has in ani- 
 mals ferae naturae, which are on his prem- 
 ises, and unable, by immaturity, to leave 
 them. It, is lost when such animals become 
 able to leave. 
 
 PROPERTY PROPTER PRIVILEGIUM. A 
 
 qualified property in wild animals by rea- 
 son of a privilege of hunting them, to the 
 exclusion of others. 2 Bl. Comm. 394. 
 
 PROPINQUIOR EXCLUDIT PROPIN- 
 quum; proplnquus remotum; et remotus re- 
 motiorem. He who is nearer excludes him 
 who is near; he who is near, him who is 
 remote; he who is remote, him who is more 
 remote. Co. Litt. 10. 
 
 PROPINQUITY (Lat.) Kindred; parent- 
 age. See "Affinity;" "Consanguinity." 
 
 PROPINQUUS (Lat.) In old English law. 
 Near; near of kin. 
 
 PROPIOS, or PROPRIOS. In Spanish law. 
 Certain portions of ground laid off and re- 
 served when a town was founded in Span- 
 ish America, as the unalienable property of 
 the town, for the purpose of erecting pub- 
 lic buildings, markets, etc., or to be used in 
 any other way, under the direction of the 
 municipality, for the advancement of the 
 revenues or the prosperity of the place. 12 
 Pet. (U. S.) 442, note. 
 
 PROPONE. 
 
 In Scotch Law. To state. To propone 
 
 a defense is to state or move it. 1 Karnes, 
 Eq. pref. 
 
 In Ecclesiastical and Probate Law. To 
 
 bring forward for adjudication; to exhibit 
 as basis of a claim; to proffer for judicial 
 action. 
 
 PROPONENT. In ecclesiastical law. One 
 who propounds a thing; as, "the party pro- 
 ponent doth allege and propound." 6 Bcc. 
 356, note. 
 
 He who propounds a will for probate. 
 
 PROPORCITAS, Proportatio. L. Lat. In 
 old records. The purport, tenor or sub- 
 stance of a thing; a report or relation of a 
 matter. Called proport. Spelman. 
 
 In old Scotch law. A verdict; called the 
 proport or report of the jury or assise. 
 Spelman. 
 
 PROPORTUM. In old records. Purport; 
 intention or meaning. Cowell. 
 
 PROPOSAL. An offer; a formal offer to 
 perform some undertaking, stating the time 
 and manner of performance, and price de- 
 manded, or one or more of these particu- 
 lars, either directly or by implied or direct 
 reference to some announcement requesting 
 such an offer. See 35 Ala. (N. S.) 33. A 
 proposal of this character is not to be 
 considered as subject to different rules from 
 any other offer. Pierce, Am. Ry. Law, 364. 
 
 PROPOSITION. An offer to do something. 
 Until it has been accepted, a proposition 
 may be withdrawn by the party who makes 
 it, and, to be binding, the acceptance must 
 be in the same terms, without any varia- 
 tion. See "Acceptance;" 1 La. 190; 4 La. 
 80. 
 
 PROPOSITUM INDEFINITUM AEQUI- 
 pollet universal!. An indefinite proposition 
 is equal to a general one. 
 
 PROPOSITUS (Lat.) The person pro- 
 posed. In making genealogical tables, the 
 person whose relations it is desired to find 
 out is called the propositus. 
 
 PROPOUND. In the law of wills. To of- 
 fer for probate. 
 
 PROPRES. In French law. The term 
 propres or Mens propres is used to denote 
 that property which has come to an indi- 
 vidual from his relations, either in a direct 
 line, ascending or descending, or from a col- 
 lateral line, whether the same have come 
 
PROPRIA PERSONA 
 
 816 
 
 PROSECUTOR 
 
 by operation of law or by devise. Propres 
 is used in opposition to cbcquets. Poth. des 
 Propres; 2 Surge, Confl. Laws, 61. 
 
 PROPRIA PERSONA (Lat. in his own per- 
 son) . It is a rule in pleading that pleas to 
 the jurisdiction of the court must be plead- 
 ed in propria persona, because, if pleaded 
 by attorney, they admit the jurisdiction, as 
 an attorney is an officer of the court, and 
 he is presumed to plead after having ob- 
 tained leave, which admits the jurisdiction. 
 Lawes, PI. 91. 
 
 An appearance may be in propria per- 
 sona, and need not be by attorney. 
 
 PROPRIEDAD. In Spanish law. Property. 
 White, New Recop. bk. 1, tit. 7, c. 5, § 2. 
 
 PROPRIETARY. Belonging or pertaining 
 to a proprietor. See 117 U. S. 487. 
 
 PROPRIETARY MEDICINES. Proprie- 
 tary medicines are described as those "pre- 
 pared, put up and marked and ready for 
 use by the public so soon as they leave the 
 hands of the manufacturer. They are in 
 packages or bottles, are labeled with the 
 name, and are accompanied with wrappers 
 containing directions for their use and the 
 conditions for which they are claimed to 
 be specifics. 176 111. App. 628. 
 
 PROPRIETARY RIGHTS. Those rights 
 which an owner of property has by virtue 
 of his ownership. When proprietary rights 
 are opposed to acquired rights, such as 
 easements, franchises, etc., they are more 
 often called "natural rights." 
 
 PROPRIETAS (Lat.) In the civil and old 
 English law. Property; that which is one's 
 own; ownership. 
 
 Proprietas Nuda. Naked or mere prop- 
 erty or ownership; the mere title, separate 
 from the usufruct. 
 
 Proprietas Plena. FvM property, in- 
 cluding not only the title, but the usufruct, 
 or exclusive right to the use. Calv. Lex. 
 
 PROPRIETAS TOTIUS MAVIS CARINAE 
 causam sequltur. The property of the whole 
 ship follows the ownership of the keel. Dig. 
 6. 1. 61. Provided it had not been construct- 
 ed with the materials of another. Id.; 2 
 Kent, Comm. 362. 
 
 PROPRIETAS VERBORUM EST SALUS 
 proprietatum. The propriety of words Is the 
 safety of property. 
 
 PROPRIETAYE PROBANDA. The name 
 of a writ. See "De proprietate Probanda." 
 
 PROPRIETATES VERBORUM OBSER- 
 vandae sunt. The proprieties (i. e., proper 
 meanings) of words are to be observed. 
 Jenk. Cent. Cas. 136, 
 
 PROPRIETOR. An owner; the holder of 
 the legal title; the person who has the legal 
 right or exclusive title to anything, wheth- 
 er in possession or not. Latham v. Roach, 
 72 111. 181. 
 
 PROPRIO VIGORE (Lat.) By its own 
 force or vigor. An expression frequently 
 used in construction. A phrase is said to 
 have a certain meaning propria vigore. 
 
 PROPTER AFFECTUM (Lat.) For or on 
 account of some affection or prejudice. A 
 juryman may be challenged propter affec- 
 tum; as, because he is related to the party, 
 has eaten at his expense, and the like. See 
 "Challenge." 
 
 PROPTER DEFECTUM (Lat.) On ac- 
 count of or for some defect. This phrase is 
 frequently used in relation to challenges. 
 See "Challenge." 
 
 PROPTER DEFECTUM SANGUINIS, 
 account of failure of blood. 
 
 On 
 
 PROPTER DELICTUM (Lat.) For or on 
 account of crime. A juror may be chal- 
 lenged propter delictum when he has been 
 convicted of an infamous crime. See "Chal- 
 lenge." 
 
 PROPTER HONORIS RESPECTUM. On 
 account of respect of honor or rank. See 
 "Challenge." 
 
 PROROGATED JURISDICTION. In 
 
 Scotch law. That jurisdiction which, by the 
 consent of the parties, is conferred upon a 
 judge who, without such consent, would be 
 incompetent. Ersk. Inst. 1. 2. 15. 
 
 At common law, when a party is entitled 
 to some privilege or exemption from juris- 
 diction, he may waive it| and thpn the juris- 
 diction is complete; but the consent cannot 
 give jurisdiction. 
 
 PROROGATION (Lat.) Putting off to an- 
 other time. It is generally applied to the 
 English parliament, and means the continu- 
 ance of it from one day to another. It dif- 
 fers from "adjournment," which is a con- 
 tinuance of it from one day to another in 
 the same session. 1 Bl. Comm. 186. 
 
 In Civil LaWb The giving time to do 
 
 a thing beyond the term prefixed. Dig. 2. 14. 
 27. 1. See "Prolongation." 
 
 PROSCRIBED (Lat. proscribo, to write 
 before). In civil law. Among the Romans, 
 a man was said to be proscribed when a 
 reward was offered for his head; but the 
 term was more usually applied to those 
 who were sentenced to some punishment 
 which carried with it the consequences of 
 civil death. Code, 9. 49. 
 
 PROSECUTION. The conducting or car- 
 rying forward of a judicial proceeding. 
 
 The means adopted to bring a supposed 
 offender against the criminal law to pun- 
 ishment by due course of law. 
 
 PROSECUTOR. In practice. He who 
 prosecutes another for a crime in the name 
 of the government. 
 
 The public prosecutor is an officer ap- 
 pointed by the government to prosecute all 
 
PROSEQUI 
 
 817 
 
 PROTESTATION 
 
 offenses, — ^he is the attorney general or 
 his deputy. 
 
 A private prosecutor is one who prefers 
 an accusation against a party whom he sus- 
 pects to be guilty. 
 
 PROSEQUI (Lat.) To follow up or pui> 
 sue. See "Nolle Prosequi." 
 
 PROSPECTIVE (Lat. prospicio, {o look 
 forward). That which is applicable to the 
 future. It is used in opposition to retro- 
 spective. To be just, a law ought always 
 to be prospective. 1 Bouv. Inst, note 116. 
 
 PROSPECTIVE DAMAGES. Such as will 
 naturally result from the injury complained 
 of, but have not accrued at the time of the 
 trial; such, for example, as the loss of 
 wages from a personal injury which will 
 result where plaintiff has not, at the time 
 of the trial, recovered his earning capacity. 
 
 PROSTERNERE. (Lat.) In old Eagllsh 
 law. To throw down; to break or pull 
 down; to abate. 
 
 PROSTITUTE. A female given to indis- 
 criminate lewdness for gain. 
 
 PROSTITUTION. The common lewdness 
 of a woman for gain. The act of permit- 
 ting a common and indiscriminate sexual 
 intercourse for hire. 12 Mete. (Miss.) 97; 
 8 Barb. (N. Y.) 610; 102 Ind. 161; 154 111. 
 647. In Iowa, the term seems to be used in 
 a wider sense than elsewhere prevails. 56 
 Iowa, 432; 78 Iowa, 492. 
 
 In a figurative sense, it signifies the bad 
 use which a corrupt judge makes of the 
 law, by making it subservient to his in- 
 terest; as, the prostitution of the law, the 
 prostitution of justice. 
 
 PROTECTIO TRAHIT SUBJECTIONEM, 
 subjectio protectionem. Protection draws to 
 it subjection; subjection, protection. Co. 
 Litt. 65. 
 
 PROTECTION. 
 
 In Mercantile Law. The name of a 
 
 document generally given by notaries public 
 to sailors and other persons going abroad, 
 in which is certified that the bearer therein 
 named is a citizen of the United States. 
 
 In Governmental Law. That benefit or 
 
 safety which the government affords to the 
 citizens. 
 
 In English Law. A privilege granted 
 
 by the king to a party to an action, by 
 which he is protected from a judgment 
 which would otherwise be rendered against 
 him. Of these protections there are several 
 kinds. Fitzh. Nat. Brev. 65. 
 
 PROTECTION OF INVENTIONS ACT. 
 St. 33 & 34 Vict. c. 27. By this act it is 
 provided that the exhibition of new inven- 
 tions shall not prejudice patent rights, and 
 that the exhibition of designs shall not 
 prejudice the right to registration of such 
 designs. 
 
 PROTECTION ORDER. In English pro- 
 bate practice. An order for the protection 
 of the property of a deserted wife. 
 
 PROTECTIONIBUS, STATUTE DE. The 
 English statute 33 Edw. I. st. 1, allowing a 
 challenge, to be entered against a protect 
 tion, etc. 
 
 PROTECTOR OF SETTLEMENT. One 
 who may be appointed by the settler of an 
 estate tail, without whose consent the ten- 
 ant in tail cannot bar the entail except as 
 against his own issue. 
 
 PROTECTORATE. Government by a pro- 
 tector. The period of his rule. Specially 
 so used with reference to the period of 
 English history during which Oliver and 
 Richard Cromwell held the title of "Lord 
 Protector." 
 
 In International Law. A relation as- 
 sumed by a strong nation toward a weak 
 one, whereby the former protects the latter 
 from hostile invasion or dictation, and in- 
 terferes more or less in its domestic con- 
 cerns. Cent. Diet. Such, for example, is 
 the supervision assumed jointly by the 
 United States, Germany, and Great Britain 
 over Samoa. See Davis, Int. Law, 247. 
 
 PROTEST. 
 
 In Mercantile Law. A notarial act, 
 
 made for want of payment of a promis- 
 sory note, or for want of acceptance or pay- 
 ment of a bill of exchange by a notary 
 public, in which it is declared that all par- 
 ties to such instruments will be held re- 
 sponsible to the holder for all damages, 
 exchanges, re-exchange, etc. 
 
 In Legislation. A declaration made by 
 
 one or more members of a legislative body 
 that they do not agree with some act or 
 resolution of the body. It is usual to add 
 the reasons which the protestants have for 
 such a dissent. 
 
 In Maritime Law. A writing, attested 
 
 by a justice of the peace, a notary public, 
 or a consul, made and verified by the mas- 
 ter of a vessel, stating the severity of a 
 voyage by which a ship has suffered, and 
 showing that it was not owing to the neg- 
 lect or misconduct of the master. See 
 Marsh. Ins. 715, 716; 1 Wash. C. C. (U. S.) 
 145, 238, 408, note; 1 Pet. C. C. (U. S.) 
 119; 1 Dall. (Pa.) 6, 10, 317; 2 DalL (Pa.) 
 195; 3 Watts & S. (Pa.) 144. 
 
 PROTESTANDO. See "Protestation." 
 
 PROTESTATION. 
 
 In Pleading. The Indirect affirmation 
 
 or denial, by means of the word "protest- 
 ing" (in the Latin form of pleadings, pro- 
 testando), of the truth of some matter 
 which cannot with propriety or safety be 
 positively affirmed, denied, or entirely 
 passed over. See 3 Bl. Comm. 311. 
 
 The exclusion of a conclusion. Co. Litt 
 124. 
 
 Its object was to secure to the party 
 making it the benefit of a positive affirma- 
 
PROTESTED 
 
 818 
 
 PROVER 
 
 tion or denial in case of success in the ac- 
 tion, so far as to prevent the conclusion 
 that the fact was admitted to be true as 
 stated by the opposite party, and at the 
 same time to avoid the objection of du- 
 plicity to which a direct affirmation or de- 
 nial would expose the pleading. 19 Johns. 
 (N. Y.) 96; 2 Saund. 103; Comyn, Dig. 
 "Pleader" (N) ; Plowd. 276; Lawes, PI. 
 171. Matter which is the ground of the 
 suit upon which issue could be taken could 
 not be protested. Plowd. 276; 3 Wils. 109; 
 2 Johns. (N. Y.) 227. But see 2 Wm. 
 Saund. 103, note. Protestations are no 
 longer allowed (3 Bl. Comm. 312), and 
 were generally an unnecessary form (3 
 Lev. 125). 
 
 The common form of making protesta- 
 tions is as follows: "Because protesting 
 that," etc., excluding such matters of the 
 adversary's pleading as are intended to be 
 excluded in the protestando, if it be mat- 
 ter of fact; or, if it be against the legal 
 sufficiency of his pleading, "because pro- 
 testing that the plea by him above pleaded 
 in bar" (or by way of reply, or rejoinder, 
 etc., as the case may be) "is wholly in- 
 sufficient in law." See, generally, 1 Chit. 
 PL 534; Archb. Civ. PL 245; Comyn, Dig. 
 "Pleader" (N) ; Steph. PL 235. 
 
 In Practice. An asserveration made by 
 
 taking God to witness. A protestation is a 
 form of asseveration which approaches very 
 nearly to an oath. Wolff. Inst. § 375. 
 
 PROTESTED FOR NONPAYMENT. 
 
 These words, in mercantile law, have come 
 to have a technical meaning. In them is 
 included not only the idea that the bill is 
 past due, but that payment of it has been 
 demanded; and not being paid, it is there- 
 fore dishonored. They mean that the pro- 
 cess necessary to dishonor the bill, to-wit, 
 demand, refusal of payment and the draw- 
 ing up of a formal protest, has been gone 
 through with. All this is included in and 
 meant by the term "protested." 2 Douglas' 
 (Mich.) R. 425; 8 CaL 637; 28 N. Y. 554; 
 12 Barb. 250. 
 
 PROTHONOTARV. The title given to an 
 officer who officiates as principal clerk of 
 some courts. Viner, Abr, The office exists 
 in Pennsylvania. 
 
 In the ecclesiastical law, the name of 
 "prothonotary" is given to an officer of the 
 court of Rome. He is so called because he 
 is the first notary, — the Greek word protos, 
 signifying primus, or first. These notaries 
 have pre-eminence over the other notaries, 
 and are put in the rank of prelates. There 
 are seven of them. Dalloz. 
 
 PROTOCOL. A record or register. Among 
 the Romans, protocollum was a writing at' 
 the head of the first page of the paper used 
 by the notaries or tabellions. Nov. 44. 
 
 .In France, the minutes of notarial acts 
 were formerly transcribed on registers, 
 which were called "protocols." Toullier, Dr. 
 Civ. liv. 3, tit. 3, c. 6, § 1, note 413. 
 
 By the German law it signifies the min- 
 utes of any transaction. Enc. Am. "Proto- 
 col." In the latter sense, the word has of 
 late been received into international law. 
 Id. 
 
 PROTOCOLLUM (Graeco-Lat.) In the civ- 
 il law. A brief note or memorandum of a 
 transaction made by a notary, for the pur- 
 pose of being afterwards extended or writ- 
 ten out in full (quod breviter et succinate 
 notatur a tabellione, ut extendi deinde atque 
 absolvi possit) . Calv. Lex. A hasty note of 
 a transaction, as it were prima colleetio re- 
 rum, the first getting together of hiatters. 
 Id. 
 
 Protocollum, among the Romans, seems 
 to have originally signified a formal cap- 
 tion or heading of instruments drawn by 
 tabelUones (notaries) ; or, more particular- 
 ly, a writing at the head of the paper used 
 by these officers, containing the name of 
 the comes sacrarum largitionum (chief of- 
 ficer of the imperial treasury), and the 
 time when the instrument was made. Nov. 
 44. It seems to have served the purpose 
 of an official stamp. In the forty-fourth 
 Novel, the tabelUones are forbidden to 
 write their instruments upon any other 
 paper than such as contained this protocol- 
 lum at the head. 
 
 PROTOCOLO. In Spanish law. The orig- 
 inal draft or writing of an instrument 
 which remains in the possession of the 
 escribano, or notary. White, New Recop. 
 lib. 3, tit. 7, c. 5, § 2. 
 
 PROTUTOR (Lat) In civil law. He who, 
 not being the tutor of a pupil or minor, 
 has administered his property or affairs 
 as if he had been, whether he thought him- 
 self legally invested with the authority of 
 a tutor or not. 
 
 He who marries a woman who is tutrix 
 becomes, by the marriage, a protutor. The 
 protutor is equally responsible as the tu- 
 tor. 
 
 PROUT PATET PER RECORDUM (Lat.) 
 As appears by the record. This phrase is 
 frequently used in pleading; as, for ex- 
 ample, in debt on a judgment or other 
 matter of record, unless when it is stated 
 as an inducement, it is requisite, after 
 showing the matter of record, to refw to 
 it by the prout patet per recordum. 1 Chit. 
 PL *356; 10 Me. 127. 
 
 PROVE. To make proof of; to establish 
 by evidence. 
 
 PROVER. In old English law. One who 
 undertakes to prove a crime against an- 
 other. 28 Edw. I.; 5 Hen. IV. One who, 
 being indicted and arraigned for treason or 
 felony, confesses before plea pleaded, and. 
 accuses his accomplices to obtain pardon; 
 state's evidence. 4 Bl. Comm. 329, 330*. 
 To prove. Law Pr. & Lat. Diet.; Britt 
 c. 22. 
 
PROVINCE 
 
 819 
 
 PROVISO 
 
 PROVINCE. Sometimes this signifies the 
 district into which a country has been di- 
 vided; as, the province of Canterbury, in 
 England; the province of Languedoc, in 
 France. Sometimes it means a dependency 
 or colony, as the province of New Bruns- 
 wick. It is sometimes used figuratively to 
 signify power or authority; as, it is the 
 province of the court to judge of the law, 
 that of the jury to decide on the facts. 
 
 PROVINCIAL CONSTITUTIONS. The de- 
 crees of provincial synods held under di- 
 vers archbishops of Canterbury, from 
 Stephen Langton, in the reign of Henry 
 III., to Henry Chichele, in the reign of 
 Henry V., and adopted also by the province 
 of York in the reign of Henry VI. 
 
 PROVING OF THE TENOR. In Scotch 
 practice. An action for proving the tenor 
 of a lost deed. Bell, Diet. 
 
 PROVISION. 
 
 In Common Law. The property which 
 
 a drawer of a bill of exchange places in 
 the hands of a drawee ; as, for example, by 
 remittances, or when the drawee is in- 
 debted to the drawer when the bill becomes 
 due, provision is said to have oeen made. 
 Acceptance always presumes a provision. 
 See Code de Comm, arts. 115-117. 
 
 -^In French Law. An allowance grant- 
 ed by a judge to a party for his support,— 
 which is to be paid before there is a defini- 
 tive judgment. In a civil case, for ex- 
 ample, it is an allowance made to a wife 
 who is separated from her husband. Dal- 
 loz. 
 
 PROVISIONAL ASSIGNEES. Those who, 
 under the old bankruptcy practice of Eng- 
 land, were appointed to take charge of 
 bankrupt estates until the creditors' as- 
 signees were appointed. 
 
 PROVISIONAL ORDER. In English law. 
 Under various acts of parliament, certain 
 public bodies and departments of the gov- 
 ernment are authorized to inquire into mat- 
 ters which, in the ordinary course, could 
 only be dealt with by a private act of 
 parliament, and to make orders for their 
 regulation. These orders have no effect un- 
 less they are confirmed by an act of parlia- 
 ment, and are hence called "provisional 
 orders." Several orders may be confirmed 
 by one act. The object of this mode of 
 proceeding is to save the trouble and ex- 
 pense of promoting a number of private 
 bills. 
 
 PROVISIONAL REMEDY. A remedy 
 adopted to meet a particular exigency. The 
 terra is ordinarily applied to process issued 
 at the commencement or during the pen- 
 dency of a suit to preserve some status 
 until the rights of the parties are adjudi- 
 cated. Preliminary injunction, attachment, 
 arrest on mesne process, garnishment, etc., 
 are provisional remedies. 
 
 PROVISIONAL, SEIZURE. 
 
 In Louisiana. A term which signifies 
 
 nearly the same as attachment of property. 
 
 It is regulated by the Code of Practice 
 as follows, namely: The plaintiff may, in 
 certain cases, hereafter provided, obtain 
 the provisional seizure of the property 
 which he holds in pledge, or on which he 
 has a privilege, in order to secure a pay- 
 ment of his claim. Code La. art. 284. 
 
 Provisional seizure may be ordered in 
 the following cases: First, in executory 
 proceedings, when the plaintiff sues on a 
 title importing confession of judgment; sec- 
 ond, when a lessor prays for the seizure 
 of furniture or property used in the house, 
 or attached to the real estate which he has 
 leased; third, when a seaman, or other per- 
 son, employed on board of a ship or water 
 craft, navigating within the state, or per- 
 son having furnished materials for or made 
 repairs to such ship or water craft, prays 
 that the same may be seized, and pre- 
 vented from departing, until he has been 
 paid the amount of his claim; fourth, when 
 the proceedings are in rem, that is to say, 
 against the thing itself which stands 
 pledged for the debt, when the property 
 is abandoned or in cases where the owner 
 of the thing is unknown or absent Code 
 La. art. 285. See 6 Mart. (La.; N. S.) 
 168; 7 Mart. (La.; N. S.) 153; 8 Mart. 
 (La.; N. S.) 320; 1 Mart. (La.) 168; 12 
 Mart. (La.) 32. 
 
 PROVISIONS OF EMPOWERIZATION. 
 Provisions granting power. 146 111. App. 
 420. 
 
 PROVISIONS OF OXFORD. Certain pro- 
 visions made in the parliament of Oxford, 
 1258, for the purpose of securing the exe- 
 cution of the provisions of Magna Charta 
 against the invasions thereof by Henry III. 
 The government of the country was in 
 effect committed by these provisions to a 
 standing committee of twenty-four, whose 
 chief merit consisted in their representa- 
 tive character, and their real desire to 
 effect an improvement in the king's govern- 
 ment. Brown. 
 
 PROVISO. A proviso is a limitation or ex- 
 ception to a grant made or authority con- 
 ferred, the effect of which is to declare 
 that the one shall not operate or the other 
 be exercised unless in Case provi(fed. 187 
 Mich. 516, 525. 
 
 The name of a clause Inserted in an act 
 of the legislature, a deed, a written agree- 
 ment, or other instrument, which generally 
 contains a condition that a certain thing 
 shall or shall not be done, in order that 
 an agreement contained in another clause 
 shall take effect. 
 
 "This word hath divers operations. Some- 
 times it worketh a qualification or limita- 
 tion, sometimes a condition, and sometimes 
 a covenant." Co. Litt. 146b, 203b. 
 
 It always implies a condition, unless sub- 
 sequent words change it to a covenant; but 
 
PROVISO EST PROVIDERE 
 
 820 
 
 PUBLIC 
 
 vhen a proviso contains the mutual words 
 of the parties to a deed, it amounts to a 
 covenant. 2 Coke, 72; Cro. Eliz. 242; 
 Moore, 707. 
 
 A proviso differs from an exception. 1 
 Barn. & Aid. 99. An exception exempts, 
 absolutely, from the operation of an en- 
 gagement or an enactment; a proviso de- 
 feats their operation conditionally. An ex- 
 ception takes out of an engagement or 
 enactment something which would other- 
 wise be part of the subject matter of it; 
 a proviso avoids them by way of defeasance 
 or excuse. 8 Am. Jur. 242; Plowd. 361; 
 Garth. 99; 1 Saund. 234a, note; Lilly, Reg., 
 and the cases there cited. See, generally, 
 Am. Jur. No. 16, art. 1; Bac. Abr. "Condi- 
 tions" (A); Comyn, Dig. "Condition" (A 
 1), (A 2); Dwarr. St. 660. 
 
 PROVISO EST PROVIDERE PRAESEN- 
 
 tia et futura, non praeterita. A proviso is to 
 provide for the present and the future, not 
 the past. 2 Coke, 72; Vaughan, 279; Broom, 
 Leg. Max. (3d London Ed.) 275. 
 
 PROVISOR. He that hath the care of pro- 
 viding things necessary, but more espe- 
 cially one who sued to the court of Rome 
 for a provision. Jacob; 25 Edw. III. One 
 nominated by the pope to a benefice before 
 it became void, in prejudice of right of true 
 patron. 4 Bl. Comm. 111*. 
 
 PROVOCATION (Lat. provoco, to call 
 out). The act of inciting another to do 
 something. Such conduct as tends to arouse 
 passions which may lead to the commission 
 of an act, 
 
 Provocation is no defense for crime, but 
 may mitigate the damages for an assault 
 (3 E. D. Smith [N. Y.] 518), and if ade- 
 quate to arouse in the mind of a reasonable 
 man such passion as to cause him to act 
 rashly and without reflection, it will reduce 
 homicide from murder to manslaughter. 
 See "Cool Blood." 
 
 PROVOST. A title given to the chief of 
 some corporations or societies. In Prance, 
 this title was formerly given to some pre- 
 siding judges. The word is derived from 
 the Latin praepositus. 
 
 PROVOST MARSHAL. A military officer 
 appointed to arrest and secure deserters 
 and other offenders, to prevent pillaging, 
 indict offenders, and see to the passage and 
 execution of sentence, and also to perform 
 other certain duties pertaining to the police 
 and discipline of the service. The provost 
 marshal of the navy has charge of prison- 
 ers, etc. Webster. 
 
 PROXENETAE (Lat.) In the civil law. 
 Among the Romans, these were persons 
 whose functions somewhat resembled those 
 of the brokers of modern commercial na- 
 tions. Dig. 50. 14. 3; Domat, lib. 1, tit. 17, 
 § 1, art. 1. 
 
 PROXIMATE CAUSE. That which, In a 
 natural and continuous sequence, unbrbken 
 by a new cause, produced an event, and 
 without which that event would not have 
 occurred. Shear. & R. Neg. § 261. 
 
 PROXIMATE DAMAGES. Proximate dam- 
 ages are such as are the ordinary and nat- 
 ural results of the omission or commission 
 of acts of negligence, and such as are usual 
 and might have been reasonably expected. 
 123 111. App. 24-25; 175 111. 406. See "Re- 
 mote Damages." 
 
 PROXIMITY (Lat.) Kindred between two 
 persons. Dig. 38. 16. 8. 
 
 PROXIMUS EST CUI NEMO ANTECE- 
 dit; supremus est quern nemo sequitur. He 
 is next whom no one precedes; he is last 
 whom no one follows. Dig. 50.il6. 92. 
 
 PROXY. A person appointed in the place 
 of another, to represent him. 
 
 The instrument by which a person is ap- 
 pointed so to act. It is said to be a con- 
 traction of "procuracy." 
 
 In Ecclesiastical Law. Ajudicial proc- 
 tor, or one who is appointed to manage 
 another man's law concerns, is called a 
 "proxy." Ayliffe, Par. 
 
 An annual payment made by the parochial 
 clergy to the bishop, etc., on visitations. 
 Tomlins. See Rutherf orth, Inst. 253 ; Hall, 
 Prac. 14. 
 
 PRUDENTER AGIT QUI PRAECEPTO 
 legls obtemperat. He acts prudently who 
 obeys the commands of the law. 5 Coke, 49. 
 
 PRYK. A kind of service of tenure. 
 Blount says it signifies an old-fashioned 
 spur, with one point only, which the tenant 
 holding land by this tenure was to find for 
 the king. Wharton. 
 
 PSYCHOLOGICAL FACT. In the law of 
 evidence. A fact which can only be per- 
 ceived mentally; such as the motive by 
 which a person is actuated. Burrill, Circ. 
 Ev. 130, 131. 
 
 PUBERTY. In civil law. The age in boys 
 of fourteen an^ in ■ girls of twelve years. 
 Ayliffe, Pand. 63; Hall, Prac. 14; Toullier, 
 Dr. Civ. tom. 5, p. 100; Inst. 1. 22; Dig. 1. 
 7. 40. 1; Code, 5. 60. 3; 1 Bl. Comm. 436. 
 
 PUBLIC. The whole body politic, or all 
 the citizens of the state. It is inapplicable 
 to a municipal corporation or other political 
 subdivision; the people are the public. 21 
 Mich. 335. It does not necessarily mean 
 all of the inhabitants of a state, a county 
 or a community. 184 111. App. 156; 169 
 111. 84. 
 
 This term is sometimes joined to other 
 terms, to designate those things which have 
 a relation to the public; as, a public ofiicer, 
 a public road, a public passage, a public 
 house. 
 
 A distinction has been made between the 
 terms "public" and "general;" they are 
 
PUBLIC ADMINISTRATOR 
 
 821 
 
 PUBLIC PEACE 
 
 sometimes used as synonymous. The for- 
 mer term is applied strictly to that which 
 concerns all the citizens and every member 
 of the state; while the latter includes a 
 lesser, though still a large, portion of the 
 community. Greenl. Ev. § 128. 
 
 PUBLIC ADMINISTRATOR. One appoint- 
 ed to administer the estates of intestates 
 where there is no person interested in them 
 competent and willing to take the adminis- 
 tration. He is generally a standing officer, 
 or an officer of court acting ex officio, as 
 the sheriff in Arkansas (23 Arki 304), or 
 the clerk of the superior court in Georgia 
 (20 Ga. 775) ; but the term is also applied 
 to an administrator appointed for the oc- 
 casion in default of any application for 
 administration. 
 
 PUBLIC AUCTION. This phrase Is fre- 
 quently used, but it is difficult to conceive 
 of a private auction, so the word "public" 
 seems to add nothing. See "Auction." 
 
 PUBLIC BRIDGE. One forming part of a 
 public highway; one erected for common 
 use or public convenience, as distinguished 
 from one erected for the use and conveni- 
 ence of a private person. 
 
 Common use on special occasion will con- 
 stitute a public bridge. 4 Campb. 189. 
 
 PUBLIC BUILDINGS. Buildings ordina- 
 rily used in or indispensable to the conduct 
 of the public business. 41 Pa. St. 270. 
 
 PUBLIC CARRIER. A common carrier 
 (g. V.) 
 
 PUBLIC CHARITY. Any charity whose 
 objects are undefined ; one for the benefit of 
 an indefinite number of unselected persons. 
 See "Charitable Uses." 
 
 PUBLIC COMPANY. A term used in the 
 English law for an open corporation. "What 
 a 'public company' is has not been defined, 
 but one test is whether the members have 
 a right to transfer their shares." Buckl. 
 3; 12 Ch. Div. 655. 
 
 PUBLIC CORPORATIONS. Public cor- 
 porations are political corporations, such 
 as are founded wholly for public purposes, 
 and the whole interest in which is in the 
 public. All corporations, whether public 
 or private, are, in contemplation of law, 
 founded upon the principle that they will 
 promote the interest or convenience of the 
 public. 71 111. 322. 
 
 PUBLIC DEBT. That which is due or ow- 
 ing by the government. 
 
 PUBLIC DOMAIN. In its most general 
 sense, all landed property owned by the 
 public. In peculiar context it has been 
 limited to unappropriated public lands. 68 
 Tex. 547. 
 
 PUBLIC EASEMENT. An easement, such 
 ^s a public right of way, the enjojnnent of 
 
 which belongs to the public generally, and 
 not to the owner of a particular dominant 
 estate. 
 
 PUBLIC ENEMY. This word, used in the 
 singular number, designates a nation at 
 war with the United States, and includes 
 every member of such nation. Vattel, bk. 
 3, c. 5, § 70. 
 
 To make a public enemy, the government 
 of the foreign country must be at war with 
 the United States; for a mob, howsoever 
 numerous it may be, or robbers, whoever 
 they may be, are never considered as a 
 public enemy. 2 Marsh. Ins. 508; 3 Esp. 
 131, 132. 
 
 A common carrier is exempt from re- 
 sponsibility whenever a loss has been oc- 
 casioned to the goods in his charge by the 
 act of a public enemy; but the burden of 
 proof lies on him to show that the loss was 
 so occasioned. 3 Munf. (Va.) 239; 4 Bin. 
 (Pa.) 127; 2 Bailey (S. C.) 157. 
 
 Bills of lading exempting the carrier 
 from liability for losses arising from the 
 act of God or the "public enemy," refer, 
 by the expression quoted, to the enemy 
 of the country, and not to that of the car- 
 rier, and do not include mobs and riots. 
 242 111. 188. See "Common Carriers." 
 
 PUBLIC LAND. In its most general 
 sense, all lands owned by the government. 
 In the more limited sense in which it is 
 ordinarily used, it signifies such lands as 
 are subject to sale or other disposition by 
 the government under general laws. 92 U. 
 S. 761; 98 U. S. 118. 
 
 PUBLIC LAW. In one sense, internation- 
 al law. In another sense, a general law. 
 
 PUBLIC MINISTERS. A general term of 
 the international law, which includes all 
 diplomatic representatives, but excludes 
 consuls. 
 
 PUBLIC NOTICE. Notice given to the 
 public generally, as by advertisement or 
 posting, and not to some particular indi- 
 vidual. 
 
 PUBLIC NUISANCE. See "Nuisance." 
 
 PUBLIC OFFENSE. Includes all criminal 
 offenses, including violations of municipal 
 ordinances. 34 Minn. 1. 
 
 PUBLIC PASSAGE. A right to pass over 
 a body of water. This term is synonymous 
 with "public highway," with this differ- 
 ence: by the latter is understood a right to 
 pass over the land of another; by the for- 
 mer is meant the right of going over the 
 water, which is on another's land. Carth. 
 193; Hammond, N. P. 195. 
 
 PUBLIC PEACE. "Public tranquillity; 
 that quiet, order, and freedom from dis- 
 turbance which is guarantied by the laws." 
 The determination of what acts disturb the 
 public peace rests in the sound discretion 
 of the legislatmie, 6 Daly (N. Y.) 276, 280., 
 
PUBLIC POLICY 
 
 822 
 
 PUBLIC WORSHIP 
 
 PUBLIC POLICY. The criterion by which 
 the courts condemn contracts as opposed to 
 the public will, or as tending to subvert 
 the public welfare. 
 
 Thus, public policy invalidates contracts 
 tending to immorality, as for the rental of 
 a brothel (27 Mo. App. 649), or in con- 
 sideration of future illicit cohabitation (58 
 Ala. 303; 57 Hun [N. Y.] 292); contracts 
 facilitating divorce (89 111. 349; 25 Minn. 
 72) ; contracts in unreasonable restraint of 
 trade (49 N. J. Eq. 217) ; combinations to 
 restrict competition (90 Cal. 110; 68 N. Y. 
 568) ; contracts to unfairly influence an ap- 
 pointment or election to public ofiice (8 
 Kan. 601; 23 Mo. App. 555) ; to unlawfully 
 influence legislation (88 Mass. 152) ; to 
 limit the jurisdiction of courts, as by agree- 
 ing not to sue in a particular court (94 U. 
 S. 535) ; to compound a criminal offense 
 (83 111. 418) ; to restrict competition at a 
 public sale, as by agreeing not to bjid there- 
 at (47 Ga. 479). And the agreement need 
 only tend to illegality. Thus, an agreement 
 for witness' fees contingent on the success 
 of the party for whom the witness is to 
 testify (10 Ala. 206), or for a fee to a 
 private prosecutor contingent on a convic- 
 tion (62 Ky. 207), or by an attorney to de- 
 fend against offenses to be committed in 
 the future (41 Kan. 364), are void as 
 against public policy. 
 
 PUBLIC RECORD. A record maintained 
 by public authorities, or open to the inspec- 
 tion of the public. 
 
 PUBLIC RIVER. A navigable river. See 
 "Navigable." 
 
 PUBLIC ROAD. A road dedicated to, and 
 kept up by the public, as contradistin- 
 guished from private ways or neighborhood 
 roads, which are not so kept up. 20 Ala. 
 88. 
 
 PUBLIC SALE. A sale conducted on no- 
 tice to the public, at which the public is in- 
 vited to attend and -purchase. 
 
 PUBLIC SCHOOLS. Schools maintained 
 at the public expense by taxation. 
 
 PUBLIC SEAL. 
 
 lie officer. See ' 
 
 The official seal of a pub- 
 'Seals." 
 
 Public obligations or 
 
 PUBLIC STOCKS. 
 
 ' securities. 
 
 PUBLIC TRIAL. A trial which, under rea- 
 sonable limitations, the public are freely 
 admitted to attend. The attendance may 
 be limited to the reasonable seating ca- 
 pacity of the courtroom (92 Mo. 542), and 
 persons whose attendance as a class would 
 probably tend to disorder may be excluded 
 (Fed. Gas. No. 14680), but the exclusion 
 of all persons except officers of the court 
 is a violation of the right to a public trial 
 (103 Gal. 242), as is an order to an officer 
 to admit only "respectable persons," where 
 it appears that proper persons were ex- 
 cluded (89 Mich. 276). 
 
 "The requirement of a public trial is for 
 the benefit of the accused, that the public 
 may see he is fairly dealt with, and not un- 
 justly condemned, and that the presence of 
 interested spectators may keep his triers 
 keenly alive to a sense of their responsi- 
 bility and to the importance of their func- 
 tions; and the requirement is fairly ob- 
 served if, without partiality or favoritism, 
 a reasonable proportion of the public is 
 suffered to attend, notwithstanding that 
 those persons whose presence could be of 
 no service to the accused, and who would 
 only be drawn thither by a prurient curios- 
 ity, are excluded altogether." Gooley, Const. 
 Lim. *312. 
 
 PUBLIC USE. The nature of the "public 
 use" for which private property may be 
 taken is "flexible" (43 N. J. Law, 384), 
 "dependent somewhat on the situation and 
 wants of the community for the time be- 
 ing" (1 N. J. Eq. 694), and not reducible 
 to any set of rules or principles of certain 
 and uniform application (7 W. Va. 195). 
 It has been limited to use by the public 
 themselves (21 W. Va. 534), and, on the 
 other hand, extended to any use for the 
 public utility or advantage (16 Gray 
 fMass.] 417). The use may be by a private 
 person for the public benefit (17 N. H. 57), 
 and it is immaterial that such person may 
 derive private profit therefrom (39 N. Y. 
 171). 
 
 The establishment of public highways is 
 an undisputed public use (103 Mass. 120), 
 as is the establishment of a railway line 
 (23 Wall. [U. S.] 108; 9 N. Y. 100), and 
 its various facilities, as depots (111 Mass. 
 125), but spur tracks for private advantage 
 have been held not to be (40 Ohio St. 504; 
 48 Fed. 615). Canals (39 N. Y. 171), public 
 wharves (110 N. Y. 569), drains necessary 
 to preserve the public health (72 N. Y. 1), 
 irrigation (4 Colo. 100), public cemeteries 
 (66 N. Y. 569), public grain elevators (68 
 N. Y. 208), have been held to be public 
 purposes. 
 
 PUBLIC VERDICT. A verdict delivered 
 by the jury in open court, as distinguished 
 from a privy verdict sealed and delivered by 
 the jury when court is not in session. 
 
 PUBLIC WAR. 
 PUBLIC WAYS. 
 
 See "War." 
 Highways (g. v.) 
 
 PUBLIC WORSHIP. "May mean. the wor- 
 ship of God, conducted and observed under 
 public authority; or it may mean worship 
 in an open or public place, without privacy 
 or concealment; or it may mean the per- 
 formance of religious exercises, under a pro- 
 vision for an equal right in the whole public 
 to participate in its benefits; or it may be 
 used in contradistinction to worship in the 
 family or the doset. In ttiis country, what 
 is called 'public worship' is commonly con- 
 ducted by voluntary societies, constituted 
 according to their own notions of ecclesias- 
 tical authority and ritual propriety, open- 
 
PUBLIC WRONGS 
 
 823 
 
 PUERILITY 
 
 ing their places of worship, and admit- 
 ting to their religious . services such per- 
 sons, and upon such terms, and subject to 
 such regulations, as they may choose to 
 designate and establish. A church abso- 
 lutely belonging to the public, and in which 
 all persons without restriction have equal 
 rights, such as the public enjoy in high- 
 ways or public landings, is certainly a very 
 rare institution, if such a thing can be 
 found." 14 Gray (Mass.) 586, 602. 
 
 PUBLIC WRONGS. A public wrong, oth- 
 erwise termed a "crime," is a breach and 
 violation of the public rights and duties due 
 to the whole community, considered as a 
 community in its social aggregate capacity. 
 4 Bl. Comm. 5 ; Thatcher's Cr. Gas. 550. 
 
 Thus, an entry on the land of another 
 without committing a breach of the peace 
 is a mere trespass (8 Grat. [Va.] 708; 6 
 Denio [N. Y.] 277), but an entry upon the 
 land of another in such manner as to cause 
 a breach of the public peace is a public 
 wrong, criminally punishable (8 Grat. [Va.] 
 708). See 1 Clark & Marshall, Crimes, 4. 
 
 PUBLICAN. In civil law. A farmer of 
 the public revenue; one who held a lease 
 of some property from the public treasury. 
 Dig. 39. 4. 1. 1; Id. 39. 4. 12. 3; Id. 39. 
 4. 13. 
 
 PUBLICANUS (Lat.) In the Roman law. 
 A farmer of the customs; a publican (qui 
 publico fructur). Dig. 39. 4. 1; Id. 50. 16. 
 16; Calv. Lex. 
 
 PUBLICATION. The act by which a thing 
 is made public. 
 
 Printing without circulation is not publi- 
 cation (5 Fed. 729), and circulation in man- 
 uscript is publication (3 Fed. 486). See, 
 also, "Literary Property." 
 
 It differs from "promulgation" (g. v.) 
 And see, also, Toullier, Dr. Civ. tit. "Pre- 
 liminaire," note 59, for the difference in the 
 meaning of these two words. 
 
 Publication has different meanings. When 
 applied to a law, it signifies the rendering 
 public the existence of the law; when it re- 
 lates to the opening of the depositions taken 
 in a case in chancery, it means that liberty 
 is given to the officer in whose custody the 
 depositions of witnesses in a cause are 
 lodged, either by consent of parties, or by 
 the rules or orders of the court, to show the 
 depositions openly, and to give out copies 
 of them. Prac. Reg. 297; Blake, Ch. Prac. 
 143. When spoken of a will, it signifies that 
 the testator has done some act from which 
 it can be concluded that he intended the in- 
 strument to operate as his will. Cruise, Dig. 
 tit. 38, c. 5, § 47; 3 Atk. 161; 4 Me. 220; 3 
 Rawle (Pa.) 15; Comyn, Dig. "Estates by 
 Devise" (E 2), "Chancery" (Q). 
 
 In the Law of Libel and Slander. The 
 
 communication of the defamatory words to 
 some third person. 
 
 The sending of a letter to the person de- 
 famed is not publication. 68 Iowa, 726. Nor 
 
 is the speaking of slanderous words where 
 no third person could hear them. 13 Gray 
 (Mass.) 304. 
 
 PUBLICI JURIS (Lat.) Of public right. 
 As applied to a thing or right means that it 
 is open to or exercisable by all persons. 
 
 When a thing is common property, so that 
 any one can make use of it who likes, it is 
 said to be "publici juris;" as in the case of 
 light, air, and public water, 
 
 PUBLICIANA (Lat.) In civil law. The 
 name of an action introduced by the praetor 
 Publicius, the object of which was to recover 
 a thing which had been lost. Inst. 4. 6. 4; 
 Dig. 6. 2, 1. 16, 17. Its effects were similar 
 to those of our action of trover, 
 
 PUBLICUM JUS (Lat.) In the civil law. 
 Public law; that law which regards the 
 state of the commonwealth {qux>d ad ata- 
 tum rei Romanae spectat). Inst. 1. 1. 4, 
 
 PUBLISHER. One who, by himself or his 
 agent, makes a thing publicly known, one 
 engaged in the circulation of books, pam- 
 phlets, and other papers, 
 
 PUDICITY. Chastity; the abstaining from 
 all unlawful carnal commerce or connection. 
 A married woman or a widow may defend 
 her pudicity as a maid may her virgfinity. 
 See "Chastity;" "Rape." 
 
 PUDZELD. In old English law. To be 
 free from the payment of money for taking 
 of wood in any forest. Co. Litt. 233a. The 
 same as "woodgeld." 
 
 PUEBLO. In Spanish law. People; all 
 the inhabitants of any country or place, 
 without distinction. A town, township, or 
 municipality. Las Partidas, pt. 1, tit. 2, 1. 5; 
 White, New Recop. bk. 2, tit. 1, c. 6, § 4; 
 Schmidt, Civ. Law, 44, 185; 10 Otto (U. S.) 
 251. 
 
 PUER (Lat.) A boy; a child. In its en- 
 larged sense, this word signifies a child of 
 either sex, though in its restrained' meaning 
 it is applied to a boy only. 
 
 A case once arose which turned upon this 
 question, whether a daughter could take 
 lands under the description of puer; and it 
 was decided by two judges against one that 
 she was entitled. Dyer, 337b. In another 
 case, it was ruled the other way. Hob. 33. 
 
 PUERI SUNT DE SANGUINE PAREN- 
 tum, sed pater et mater non sunt de san- 
 guine puerorum. Children are of the blood 
 of their parents, but the father and mother 
 are not of the blood of their children. 3 
 Coke, 40. 
 
 PUERILITY. In civil law. A condition 
 which commenced at the age of seven years, 
 the end of the age of infancy, and lasted till 
 the age of puberty,— that is, in females till 
 the accomplishment of twelve years, and in 
 males till the age of fourteen years fully 
 accomplished. Ayliffe, Pand. 63. 
 
fUERITlA 
 
 ^24 
 
 fUR 
 
 The ancient Roman lawyers divided puer- 
 ility into protdmus infantiae, as it ap- 
 proached Infancy, and into proximus puber- 
 tati, as it became nearer to puberty. 6 Toul- 
 lier. Dr. Civ. note 100. 
 
 PUERITIA (Lat.) In civil law. Age from 
 seven to fourteen. 4 Bl. Comm. 22; Whar- 
 ton. The age from birth to fourteen years 
 in the male, or twelve in the female. Calv. 
 Lex. The age from birth to seventeen. Vicat. 
 
 PUFFER. A person employed by the own- 
 er of property which is sold at auction to 
 bid it up, who does so accordingly, for the 
 purpose of raising the price upon bona fide 
 bidders. 
 
 This is a fraud, which, at the choice of 
 the purchaser, invalidates the sale. 3 Madd. 
 112; 5 Madd. 37, 440; 12 Ves. 483; 1 Fonbl. 
 Eq. 227, note; 2 Kent, Comm. 423; Cowp. 
 395; 3 Ves. 628; 3 Term R. 963; 6 Term R. 
 642; 2 Brown, Ch. 326; 1 P. A. Browne 
 (Pa.) 346; 11 Serg. & R. (Pa.) 89; 2 Hayw. 
 (N. C.) 328; 4 Har. & McH. (Md.) 282; 2 
 Dev. (N. C.) 126; 2 Const. (S. C.) 821. See 
 "Auction;" "Bidder." 
 
 PUFFING. Exaggerated statements of 
 value such as a vendor is allowed to make 
 use of. 85 111. 275. 
 
 PUIS, PUYS, PUES, PUS, or PUZ (LaW 
 Fr.) After; since; afterwards. Kelham. 
 
 PUIS DARREIN CONTINUANCE (Law. 
 Fr. since last continuance) . In pleading. A 
 plea which is put in after issue joined, for 
 the purpose ,of introducing new matter, or 
 matter which has come to the kno\vledge of 
 the party pleading it subsequently to such 
 joinder. 
 
 There is a distinction between a plea set- 
 ting up matter of defense, which has arisen 
 since the commencement of the action but 
 before plea pleaded, and pleas alleging mat- 
 ters of defense originating after pleas plead- 
 ed. A plea of the former kind is not, prop- 
 erly speaking, a plea of puis darrein contin- 
 uance. Such a plea differs from a plea in 
 bar in this only, that it cannot destroy the 
 original cause of action, and cannot be 
 pleaded in bar generally, but must be plead- 
 ed to the further maintenance of the suit. 
 8 111. 103. See "Plea." 
 
 PUISNE (Law Fr.) Younger; junior; as- 
 sociate. 
 
 PULSARE (Lat.) In the civil' law. To 
 beat, without giving pain. 
 
 To accuse or charge; to proceed against 
 at law. Calv. Lex. 
 
 PULSATOR. In the civil law. A name 
 sometimes applied to the aetovi 
 
 PUNCTUM (Lat.) A point; an indivisible 
 point of time. See "Punctum Temporis." 
 
 A quarter of an hour, according to the 
 old computation. Ten moments (momenta) 
 made a point (punctum), and four points 
 an hour. See "Momentum." 
 
 PUNCTUM TEMPORIS (Lat.) A point of 
 time; an indivisible period of time; the 
 shortest space of time; an instant. Calv. 
 Lex. 
 
 A point or period from which a computa- 
 tion of time is made. 2 Alls. Crim. Prac. 
 188. 
 
 PUNDBRECH. In old Engish law. Pound 
 breach (g. v.). 
 
 PUNIR L. Fr. (from Lat. punire). To 
 punish. Puni, puny; punished. Britt. c. 68. 
 
 PUNISHMENT. In criminal law. Some 
 pain or penalty warranted by law, inflicted 
 on a person for the commission of a crime 
 or misdemeanor, or for the omission of the 
 performance of an act required by law, by 
 the judgment and command of some lawful 
 court. 
 
 Punishments are . either corporal or not 
 corporal. 
 
 The former are: Death, which is usually 
 denominated "capital punishment;" impris- 
 onment, which is either with or without la- 
 bor (see "Penitentiary") ; whipping, in some 
 states ; and banishment. 
 
 The punishments which are not corporal 
 are: Pines, forfeitures; suspension or de- 
 privation of some political or civil right; 
 deprivation of office, and being rendered in- 
 capable to hold office; compulsion to remove 
 nuisances. 
 
 PUNITIVE DAMAGES. ' Exemplary dam- 
 ages. 
 
 PUPIL. 
 
 In Civil Law. One who Is in his or her 
 
 minority. See Dig. 1. 7.; Id. 26. 7. 1. 2; Id. 
 50. 16. 239 ; Code, 6. 30. 18. One who is in 
 ward or guardianship. 
 
 At Common Law. One who is under 
 
 tuition in any school, or under a private in- 
 structor. 
 
 PUPILLARIS SUBSTITUTIO (Lat.) In 
 civil law. The nomination of another be- 
 sides his son pupil to succeed, if the son 
 should not be able or inclined to accept the 
 inheritance, or should die before he came of 
 age to make a testament. 
 
 If the child survive the age of puberty, 
 though he made no testament, the substitute 
 had no right of succession. See Bell, Diet. 
 "Substitution;" Dig. 28. 6. 
 
 PUPILLARITY. In civil law. That age of 
 a person's life which included infancy and 
 puerility. 
 
 PUPILLUS PATI POSSE NON INTELLI- 
 gitur. A pupil is not considered able to do 
 an act which would be prejudicial to him. 
 Dig. 50. 17. 110. 2; 2 Kent, Comm. 245. 
 
 PUR. A corruption of the French word 
 par, by or for. It is frequently used in old 
 French law phrases, as, pur autre vie. It is 
 also used in the composition of words, as, 
 purparty, purlieu, purview. 
 
PUR AUTRE VIE 
 
 825 
 
 PURGING CONTEMPT 
 
 PUR AUTRE VIE (Old Fr. for another's 
 life). An estate is said to be pur autre vie 
 when a lease is made of lands or tenements 
 to a man to hold for the life of another per- 
 son. 2 Bl. Comm. 259; 10 Viner, Abr. 296; 
 2 Belt, Supp. Ves. 41. 
 
 PUR TANT QUE (Law Fr.) Forasmuch 
 as; because; to the intent that. Kelham. 
 
 PURCHASE. In the broadest sense, the 
 transmission of property from one person to 
 another by their voluntary agreement on a 
 valuable consideration. 4 Kent, Comm. 509. 
 
 In a stricter sense, a term including every 
 mode of acquisition of estate known to the 
 law, except that by which an heir on the 
 death of his ancestor becomes substituted in 
 his place as owner by operation of law. 2 
 Washb. Real Prop. 401. 
 
 There are six ways of acquiring" a title 
 by purchase, namely: By deed; by devise; 
 by execution; by prescription; by posses- 
 sion or occupancy; by escheat. In its more 
 limited sense, "purchase" is applied only to 
 such acquisitions of lands as are obtained 
 by way of bargain and sale for money or 
 some other valuable consideration. Cruise, 
 Dig. tit. 30, §§ 1-4; 1 Dall. (Pa.) 20. In 
 common parlance, purchase signifies the 
 buying of real estate and of goods and chat- 
 tels. 
 
 PURCHASE MONEY. The consideration 
 in money which is agreed to be paid by a 
 purchaser. 
 
 PURCHASE MONEY MORTGAGE. A 
 mortgage given on the purchase of land by 
 the purchaser to the vendor to secure the 
 payment of the purchase money, or the un- 
 paid balance thereof. 
 
 PURCHASE, WORDS OF. Those by 
 which, taken absolutely, without reference 
 to or connection with any other words, an 
 estate first attaches, or is considered as com- 
 mencing in point of title, in the person de- 
 scribed by them, such as the words "son," 
 "daughter." Words which create a title in 
 certain persons, as distinguished from those 
 which merely limit or define the quantum of 
 estate. See "Shelley's Case, Rule in." 
 
 PURCHASER. A buyer; a vendee. The 
 term is applied indifferently to persons ac- 
 quiring, by purchase, either realty or per- 
 sonalty, but in the interest of exact nomen- 
 clature it should be applied only with respect 
 to the sale of realty; "buyer" being the 
 appropriate term for one who obtains per- 
 sonalty by sale. 
 
 PURCHASER OF A NOTE OR BILL. The 
 person who buys a promissory note or bill 
 of exchange from the holder without his in- 
 dorsement. Bayley, Bills, 370. 
 
 PURE DEBT, In Scotch law. A debt ac- 
 tually due, in contradistinction to one which 
 is to become due at a future day certain, 
 which is called a "future debt," and one due 
 
 provisionally, in a certain event, which is 
 called a "contingent debt." 1 Bell, Comm. 
 (5th Ed.) 315. 
 
 PURE OBLIGATION. One which Is not 
 suspended by any condition, whether it has 
 been contracted without any condition, or, 
 when thus contracted, the condition has been 
 performed. Poth. Obi. note 176. 
 
 PURE PLEA. In equity pleading. One 
 which relies wholly on some matter dehors 
 the bill; as, for example, a plea of a release 
 on a settled account. 
 
 Pleas not pure are so called in contradis- 
 tinction to pure pleas. They are sometimes 
 also denominated "negative pleas." 4 Bouv. 
 Inst, note 4275. 
 
 PURE VILLENAGE. A base tenure, where 
 a man holds upon terms of doing whatso- 
 ever is commanded of him, nor knows in the 
 evening what is to be done in the morning, 
 and is always bound to an uncertain serv- 
 ice. 1 Steph. Comm. (7th Ed.) 188. 
 
 PURGATION (Lat. purgo; from purum 
 and ago, to make clean) . The clearing one's 
 self of an offense charged, by denying the 
 guilt on oath or affirmation. 
 
 Canonical purgation was the act of justi- 
 fying one's self, when accused of some of- 
 fense, in the presence of a number of per- 
 sons worthy of credit, generally twelve, who 
 would swear they believed the accused. See 
 "Compurgator." 
 
 Vulgar purgation consisted in supersti- 
 tious trials by hot and cold water, by fire, 
 by hot irons, by battle, by corsned, etc. 
 
 In modern times, a man may purge him- 
 self of an offense in some cases where the 
 facts are within his own knowledge; for ex- 
 ample, when a man is charged with a con- 
 tempt of court, he may purge himself of 
 such contempt by swearing that in doing the 
 act charged he did not intend to commit a 
 contempt. 
 
 PURGED OF PARTIAL COUNSEL. In 
 
 Scotland, every witness, before making oath 
 or affirmation, is "purged of partial coun- 
 sel," i. e., cleared by examination on oath of 
 having instigated the plea, of having been 
 present with the party for wlfom he testifies 
 at consultations of lawyers, where it might 
 be shown what was necessary to be proved, 
 or of having acted as his agent in any of the 
 proceedings. So, in a criminal case, he who 
 is agent of prosecutor, or who tampers with 
 the panel, cannot be heard to testify, because 
 of "partial counsel." Stair, Inst. p. 768, § 9: 
 Bell, Diet. "Partial Counsel." 
 
 PURGING A TORT. This is like the rati- 
 fication of a wrongful act by a person who 
 has power of himself to lawfully do the act; 
 but, unlike ratification, the purging of the 
 tort may take place even after commence- 
 ment of the action. 1 Brod. & B. 282. 
 
 PURGING CONTEMPT. See "Purgation." 
 
PURLIEU 
 
 826 
 
 PUT OUT 
 
 PURLIEU. In English law. A space of 
 land near a forest, known by certain bounda- 
 ries, which was formerly part of a forest, 
 but which has been separated from it. 
 
 The history of purlieus is this : Henry II., 
 on taking possession of the throne, mani- 
 fested so great a taste for forests that he en- 
 larged the old ones wherever he could, and 
 by this means enclosed many estates which 
 had no outlet to the public roads ; and things 
 increased in this way until the reign of 
 King John, when the public reclamations 
 were so great that much of this land was 
 disforested, — that is, no longer had the priv- 
 ileges of the forests ; and the land thus sep- 
 arated bore the name of "purlieu." 
 
 PURLIEU MEN. Those who have ground 
 •within the purlieu to the yearly value of 40s. 
 a year freehold are licensed to hunt in their 
 own purlieus. Manw. For. Law, c. 20, § 8. 
 
 PURPARTY. That part of an estate 
 which, having been held in common by par- 
 ceners, is by partition allotted to any of 
 them. To make purparty is to divide and 
 sever the lands which fall to parceners. 
 Old Nat. Brev. 11. 
 
 PURPORT. In pleading. The substance 
 of a vsrriting as it appears on the face of 
 it to the eye that reads it. It differs from 
 tenor (g. v.) 2 Russ. Crimes, 365; 1 East, 
 179 ; and therefore, where the instrument is 
 stated according to its tenor, the purport of 
 it must necessarily appear. 9 Yerg. (Tenn.) 
 394. 
 
 To "purport" means "to intend to show; 
 to intend; to mean; to signify." 39 111. 
 App. 594. 
 
 PURPOSE, Something intended to be 
 done. 22 Q. B. D. 296. 
 
 PURPRESTURE. An inclosure by a pri- 
 vate individual of a part of a common or 
 public domain. 
 
 According to Lord Coke, purpresture is a 
 close or inclosure, that is, when one en- 
 croaches or makes several to himself that 
 which ought to be in common to many; as, 
 if an individual were to build between hig:h 
 and low water mark on the side of a public 
 river. In England this is a nuisance, and 
 in cases of this kind an injunction will be 
 granted, on ex parte affidavits, to restrain 
 such a purpresture and nuisance. 2 Bouv. 
 Inst, note 2382; 4 Bouv. Inst, note 3798; 2 
 Inst. 28. And see Skene de Verb. Sign.; 
 Glanv. lib. 9, c. 11. p. 239, note; Spelman; 
 Hale de Port Mar.; Harg. Tr. 84; 2 Anstr. 
 606; Callis, Sew. 174. 
 
 PURPRISUM (Law Lat.; from Law Fr. 
 pourpris, an inclosure). In old records. A 
 close or inclosure. Cowell. 
 
 The whole compass of a manor. Cowell. 
 
 PURQ' (Law Fr. wherefore). A word used 
 in old practice, at the end of pleas, argu- 
 ments, and judgments. Very common in the 
 Year Books. Purq', pur defaut de r'ns, no' 
 
 d'dons judgt, et prions nos da/n^', wherefore, 
 for want of an answer, we demand judgment 
 and pray our damages. The clause is some- 
 times abbreviated, purq', etc. 
 
 PURSER. The person appointed by the 
 master of a ship or vessel, whose duty it is 
 to take care of the ship's books, in which 
 everything on board is inserted, as well the 
 names of mariners as the articles of mer- 
 chandise shipped. Roccius, Ins. note. 
 
 PURSUE (from Lat. persequi). To fol- 
 low a matter judicially, as a complaining 
 party. In Scotch law, to prosecute criminal- 
 ly. 3 How. St. Tr. 425. 
 
 PURSUER. The name by which the com- 
 plainant or plaintiff is known in the eccle- 
 siastical courts. 3 Ecc. 350. 
 
 PURUS (Lat.) In old English law. Pure; 
 clear; simple; free of any qualification or 
 condition. Donationum quaedam libera et 
 pura, et quaedam sub conditione vel sub 
 modo, of gifts, one kind is free and pure, 
 and another under a condition or qualifica- 
 tion. Bracton, fol. lib. 
 
 Absolute. Purus idiota, a clear or abso- 
 lute idiot. 1 Bl. Comm. 303. 
 
 PURVEYANCE (Law Fr. and Bng.; from 
 pourvoire, to provide. In old English law. 
 A providing of necessaries for the king's 
 house. Cowell. A buying at the king's 
 price. Hale, Anal. § viii. See "Pourvey- 
 ance." 
 
 PURVEYOR. One employed in procuring 
 provisions. See Code, 1. 34. 
 
 PURVIEW. That part of an act of the 
 legislature which begins with the words, 
 "Be it enaoted," etc., and ends before the 
 repealing clause. Cooke (Tenn.) 330; 3 
 Bibb (Ky.) 181. According to Cowell, this 
 word also signifies a conditional gift or 
 grant. It is said to be derived from the 
 French pourvu, provided. It always implies 
 a condition. 
 
 PUT. 
 
 In Pleading. To select; to demand; 
 
 as, "the said C. D. puts himself upon the 
 country;" that is, he selects the trial by 
 jury as the mode of settling the matter in 
 dispute, and does not rely upon an issue in 
 law. Gould, PL c. 6, pt. 1, § 19. 
 
 In Mercantile Usage. A term of the 
 
 stock markets, signifying an option to sell 
 t& another certain goods within a specified 
 time, at a specified price. See "Gambling 
 Contract." 
 
 PUT IN SUIT. Applied to a chose In ac- 
 tion, to sue on. 
 
 PUT IN URE. In old statutes. To put in 
 practice or effect; to carry into effect 
 Sometimes written to "put in use." 
 
 PUT OUT. To open. To put out lights; 
 to open or cut windows. 11 East, 372. 
 
PUT UPON 
 
 827 
 
 PYRAMIDING 
 
 PUT UPON' (Law Lat. ponere super). In 
 practice. To rest upon; to submit to; as a 
 defendant "puts himself upon the country." 
 
 PUTATIVE. Reputed to be that which is 
 not. The word is frequently used; as, puta- 
 tive father, putative marriage, putative 
 wife, and the like. And Toullier (Dr. Civ. 
 torn. 7, note 29) uses the words putative 
 owner, proprietaire putatif. Lord Kames 
 uses the same expression (Eq. 391). 
 
 PUTATIVE FATHER. The reputed father. 
 This term is most usually applied to the 
 father of a bastard child. 
 
 PUTATIVE MARRIAGE. In the civil law. 
 A marriage which is forbidden, but which 
 has been contracted in good faith and igno- 
 rance of the impediment on the part of at 
 least one of the contracting parties. 
 
 PUTEUS. (Lat.) In old English law. 
 A well. Fleta, lib. 4, c. 27, § 8. 
 
 PUTS AND CALLS. See "Gambling Con- 
 tract." 
 
 PUTTING IN FEAR. The causing of such 
 reasonable apprehension of death or serious 
 injury as will excuse the person so threat- 
 
 ened from running the risk of incurring the, 
 same by resistance to unlawful aggression. 
 In the crime of robbery, such putting in 
 fear is accounted constructive violence. The 
 fear inspired to compel a man to surrender 
 his property may be of injury to his person 
 (2 East, P. C. 712) , or to his property (Id. 
 729). Fear of injury to character or repu- 
 tation is not sufficient (7 Humph. [Tenn.] 
 45, 12 Ga. 293), with the single exception 
 of a threat to accuse of an unnatural crime 
 (ICar. &P. 479). 
 
 PUTURE. A custom claimed by keepers 
 in forests, and sometimes by bailiffs of hun- 
 dreds, to take man's meat, horse's meat, 
 and dog's meat of the tenants and inhabi- 
 tants within the perambulation of the forest, 
 hundred, etc. The land subject to this cus- 
 tom was called "terra putura." Others, who 
 call it "pulture," explain it as a demand in 
 general, and derive it from the monks, who, 
 before they were admitted, pulsabant, 
 knocked at the gates for several days to- 
 gether. 4 Inst. 307; Cowell. 
 
 PYKERIE (Scotch). In old Scotch law. 
 Petty theft. 2 Pitc. Crim. Tr. 43. 
 
 PYRAMIDING. See "Gambling Contract." 
 
Q 
 
 g28 
 
 QUADBUPLICATION 
 
 Q. A letter tised in the Roman law, in 
 various abbreviations. An abbreviation used 
 in writing out decrees of the senate. Tayl. 
 Civ. Law, 576. Calv. Lex. 
 
 Q. C.: An abbreviation of "queen's coun- 
 sel" (g. V.) 
 
 Q. C. F. An abbreviation of qtiare clau- 
 sum fregit. See "Trespass." 
 
 Q. V. Quod vide, which see. Used after 
 the mention of a title, chapter, etc., to refer 
 the reader thereto. 
 
 QAR (Law Ft.) For Fet. Assaver, § 45, 
 
 Q'D. A contraction of quod, in old plead- 
 ing. 1 Inst. Cler. 12. 
 
 QUA. As; in the character or capacity of. 
 "The judge qua judge cannot know." 
 Vaughan, 147. 
 
 QUACK. One who, without sufficient 
 knowledge, study, or previous preparation, 
 undertakes to practice medicine or surgery, 
 under the pretense that he possesses secrets 
 in those arts. 
 
 • The origin of the word "quack" is not 
 clearly ascertained. Johnson derives it from 
 the words "to quack," or gabble like a goose. 
 Butler uses this verb as descriptive of the 
 encomiums empirics heap upon their nos- 
 trums. Thus, in Hudibras, "To quack of uni- 
 versal cures." 
 
 The Egyptian hieroglyphic for a doctor 
 was a duck, and it has been a question 
 whether this may not form a clue to the 
 derivation of the word "quack." The Eng- 
 lish quack — or "quacksalber," as it was 
 originally written — is from the German 
 qvMcksalber, or rather the Dutch kwaksal- 
 ver, which Bilderdyk states should be more 
 properly kwabsalver, from kwab, a wen, and 
 zalver, to salve or anoint. 5 Notes & Que- 
 ries. 
 
 QUACUNQUE VIA DATA (Lat.) Which- 
 ever way you take it; in whichever view of 
 the case. 2 Burrows, 980; 2 Gall. (U. S.) 
 26. 
 
 QUADRAGESIMA (Lat.) The fortieth. 
 The first Sunday in Lent is so called be- 
 cause it is about the fortieth day before 
 Easter. Cowell. 
 
 QUADRAGESMS. The third volume of the 
 Year Books of the reign of Edward IIL So 
 called, because beginning with the fortieth 
 year of the reign. Crabb, Hist. Eng. Law, 
 327; Hale, Hist. Com. Law, c. 8. 
 
 QUADRANS (Lat.) 
 
 In Civil Law. The fourth part of the 
 
 whole. Hence the heir ex quadrante; that 
 is to say, of the fourth part of the whole. 
 
 In Old English Law. A farthing; a 
 
 fourth part or quarter of a penny. 
 
 Before the reign of Edward I. the smallest 
 coin was a sterling or silver penny marked 
 with a cross or traverse strokes, by the 
 guidance of which a penny, upon occasion, 
 might be cut in halves for a half penny, 
 or into quarters for farthings or fourth 
 parts, till, to avoid the fraud of unequally 
 cutting, King Edward I., A. D. 1279, coined 
 half pence and farthings in round distinct 
 pieces. Cowell; Spelman, voc. "Denarius," 
 citing Stow, p. 306, where some curious old 
 verses are given. 
 
 QUADRANT. In angular measures, a 
 quadrant is equal to ninety degrees. See 
 "Measure." 
 
 QUADRANTALIS (Law Lat.; from quad- 
 rans, q. v.) In old English law. Of the 
 value or price of a quarter or farthing. 
 Panis quadrantalis, the farthing loaf. Fleta, 
 lib. 2, c. 9. Britton, in the parallel pass- 
 age, has the word ferlinges. Britt. c. 30. 
 But the word is not taken notice of either 
 by Spelman or Cowell. 
 
 QUADRANTATA TERRAE (Law Lat.) 
 The fourth part of an acre, according to 
 Cowell. But Spelman makes it to be the 
 fourth part of a yard land. Spelman voc. 
 "Fardella." 
 
 QUADRARIUM (Law Lat.) In old records. 
 A quarry or stone pit. Par. Ant. 208; 
 Cowell. 
 
 QUADRIENNIUIVl (Lat. from quatmr, 
 four, and annus, year). The four years' 
 course of studying the civil law, before ar- 
 riving at the code or imperial constitutions. 
 Inst, proem; Tayl. Civ. Law, 39. 
 
 QUADRIENNIUM UTILE (Lat.) In Scotch 
 law. The four years of a minor between his 
 age of twenty-one and twenty-five years are 
 so called. During this period he is per- 
 mitted to impeach contracts made against 
 his interest previous to his arriving at the 
 age of twenty-one years. Ersk. Inst. 1. 7. 
 19. 35; 1 Bell, Comm. (5th Ed.) 135. 
 
 QUADRIPARTITE (Lat.) Having four 
 parts, or divided into four parts; as, this 
 indenture quadripartite, made between A. 
 B., of the one part, C. D., of the second 
 part, E. F., of the third part, and G. H., 
 of the fourth part. 
 
 QUADROON. A person who is descended 
 from a white person and another person 
 who has an equal mixture of the European 
 and African blood. 2 Bailey (S. C.) 558. 
 See "Mulatto." 
 
 QUADRUPLICATION. In pleading. For- 
 merly this word was used instead of "sur- 
 rebutter." 1 Brown, Civ. Law, 469, note. 
 
QUAE AB HOSTIBUS 
 
 829 
 
 QUAE PLURA 
 
 QUAE AB HOSTIBUS CAPIUNTUR, STA- 
 tim capientium fiunt. Things taken from 
 public enemies immediately become the 
 property of the captors. Inst. 2. 1. 17; 
 Grotius de Jure Belli, lib. 3, c. 6, § 12. 
 
 QUAE AB INITIO INUTILIS FUIT IN- 
 stitutio, ex post facto cohvalescere non po- 
 test. An institution void in the beginning 
 cannot acquire validity from after-matter. 
 Dig. 50. 17. 210. 
 
 QUAE AB INITIO NON VALENT, EX 
 post facto convalescere non possunt. Things 
 invalid from the beginning cannot be made 
 valid by subsequent act. Tray. Lat. Max. 
 482. 
 
 QUAE ACCESSIORIUM LOCUM OBTI- 
 nent, extinguuntur cum princlpales res per- 
 emptae fuerint. When the principal is de- 
 stroyed, those things which are accessory to 
 it are also destroyed. Poth. Obi. pt. 3, c. 6, 
 art. 4; Dig. 33. 8. 2; Broom, Leg. Max. (3d 
 London Ed.) 439. 
 
 QUAE AD UNUM FINEM LOQUUTA 
 sunt, non debent ad alium detorqueri. Words 
 , spoken to one end ought not to be perverted 
 to another. 4 Coke, 14. 
 
 QUAE COHAERENT PERSONAE A PER- 
 sona separarl nequeunt. Things which be- 
 long to the person ought not to be sepa- 
 rated from the person. Jenk. Cent. Cas. 28. 
 
 QUAE COMMUNI LEGI DEROGANT 
 stricte interpretantur. Laws which derogate 
 from the common law ought to be strictly 
 construed. Jenk. Cent. Cas. 221. 
 
 QUAE CONTRA RATIONEM JURIS IN- 
 troducta sunt, non debent trahi In conse- 
 quentiam. Things introduced contrary to the 
 reason of the law ought not to be drawn 
 into precedents. 12 Coke, 75. 
 
 QUAE DUBITATIONIS CAUSA TOLLEN- 
 dae inseruntur communem legem non lae- 
 dunt. Whatever is inserted for the purpose 
 of removing doubt does not hurt or affect 
 the common law. Co. Litt. 205. 
 
 QUAE DUBITATIONIS TOLLENDAE 
 causa contractlbus inseruntur, jus commune 
 non laedunt. Particular clauses Inserted in 
 agreements to avoid doubts and ambiguity 
 do not prejudice the common law. Dig. 50, 
 17. 81. 
 
 QUAE EST EADEM (Lat. which is the 
 same). In pleading. A clause containing a 
 statement that the trespass, or other fact 
 mentioned in the plea, is the same as that 
 laid in the declaration, where from the cir- 
 cumstances there is an apparent diflFerence 
 between the two. 1 Chit. PL 473; Gould, 
 PL c. 3, §§ 79, 80; 29 Vt. 455. 
 
 The form is as follows: "Which are the 
 same assaulting, beating, and ill-treating, 
 the said John, in the said declaration men- 
 tioned, and whereof the said John hath 
 above thereof complained against the said 
 
 James." See 1 Saund. 14, 208, note 2; 2 
 Saund. 5a, note 3; Archb. Civ. PL 217; 
 Comyn, Dig. "Pleader" (E 31); Cro. Jac. 
 372; 1 Chit. PL 473. 
 
 QUAE IN CURIA ACTA SUNT RITE AGI 
 
 praesumuntur. Whatever is done in court is 
 presumed to be rightly done. 3 Bulst. 43. 
 
 QUAE IN PARTES DIVIDI NEQUEUNT 
 
 solida, a singulis praestantur. Things (I. e., 
 services and rents) which cannot be divided 
 into parts are rendered entire by each sev- 
 erally. 6 Coke, 1. 
 
 QUAE IN TESTAiVIENTO ITA SUNT 
 scripta ut intelligi non possunt, perinde sunt 
 ac si scripta non essent. Things which are 
 so written in a will that they cannot be un- 
 derstood are as if they had not been writ- 
 ten. Dig. 50. 17. 73. 3. 
 
 QUAE INCONTINENTER VEL CERTO 
 fiunt in esse videntur. Whatever things are 
 done at once and certainly appear part of 
 the same transaction. Co. Litt. 236. 
 
 QUAE INTER ALIOS ACTA SUNT NEIVI- 
 ini nocere debent, sed prodesse possunt. 
 Transactions between strangers may benefit, 
 but cannot injure, persons who are parties 
 to them. 6 Coke, 1. ' 
 
 QUAE LEGI COIMiVIUNi DEROGANT NON 
 sunt tralienda in exempium. Things derog- 
 atory to the common law are not to be drawn 
 into precedent. Branch, Princ. 
 
 QUAE LEGI COMMUNI DEROGANT 
 stricte interpretantur. Those things which 
 derogate from the common law are to be 
 construed strictly. Jenk. Cent. Cas. 29. 
 
 QUAE MALA SUNT INCHOATA IN 
 principio vix bono peragantur exitu. Things 
 bad in the commencement seldom end well. 
 4 Coke, 2. 
 
 QUAE NIHIL FRUSTRA. (Law Lat.) 
 Which (does or requires) nothing in vain; 
 which requires nothing to be done, that is 
 to no purpose. 2 Kent, Comm. 53. 
 
 QUAE NON FIERI DEBENT, FACTA VA- 
 
 lent. Things which ought not to be done are 
 held valid when they have been done. Tray. 
 Lat. Max. 484. 
 
 QUAE NON VALEANT SINGULA, JUNE- 
 ta juvant. Things which may not avail 
 singly, when united have an effect. 3 Bulst. 
 132. 
 
 QUAE PLURA (Law Lat. what more). In 
 old English practice. A writ which lay 
 where an inquisition had been made by an 
 escheator in any county of such lands or ten- 
 ements as any man died seised of, and all 
 that was in his possession was imagined not 
 to be found by the office; the writ command- 
 ing the escheator to inquire what more 
 {quae plura) lands and tenements the party 
 held on the day when he died, etc. Fitm, 
 Nat. Brev. 255a; Reg. Grig. 293; Cowell. 
 
QUAE PRAETER 
 
 830 
 
 QUAESTIO 
 
 QUAE PRAETER CONSUETUDINEM ET 
 morem majorum fiunt, neque placent, neque 
 recta videntur. What Is done contrary to 
 the custom and usage of our ancestors, nei- 
 ther pleases nor appears right. 4 Coke, 78. 
 
 QUAE PROPTER NECESSITATEM RE- 
 cepta sunt, non debent in argumentum trahi. 
 Things which are tolerated on account of 
 necessity ought not to be drawn into pre- 
 cedent. Dig. 50. 17. 162. 
 
 QUAE RERUM NATURA PROHIBEN- 
 tur, nulla lege confirmata sunt. What is pro- 
 hibited in the nature of things can be con- 
 firmed by no law. Finch, Law, 74. 
 
 QUAE SINGULA NON PROSUNT, JUNC- 
 ta Juvant. Things which, taken singly, are 
 of no avail, afford help when taken together. 
 Tray. Lat. Max. 486, 
 
 QUAE SUNT MINORIS CULPAE SUNT 
 majoris Infamlae. Things which are of the 
 smaller guilt are of the greater infamy. Co. 
 Litt. 6, 
 
 QUAECUNQUE INTRA RATIONEM LE- 
 gis invenluntur, intra legem ipsam esse ju- 
 dicantur. Whatever appears within the rea- 
 son of the law is considered within the law 
 itself. 2 Inst. 689. 
 
 QUAELIBET CONCESSIO DOMINI RE- 
 gls cap! debet stricte contra dominum re- 
 gem, quando potest intelligl duabus viis. 
 Every grant of our lord the king ought to 
 be taken strictly against our lord the king, 
 when it can be understood in two ways. 3 
 Leon. 243. 
 
 QUAELIBET CONCESSIO FORTISSIIVIE 
 contra donatorem interpretanda est. Every 
 grant is to be taken most strongly against 
 the grantor. Co. Litt. lS3a. 
 
 QUAELIBET JURISDICTIO CANCEL- 
 los suos habet. £^rery jurisdiction has its 
 bounds. Jenk. Cent. Cas. 139. 
 
 QUAELIBET PARDONATIO DEBET CA- 
 pi secundum intentionem regis, et non ad- 
 deceptionem regis. Every pardon ought to 
 be taken according to the intention of the 
 king, and not to the deception of the king. 
 3 Bulst. 14. 
 
 QUAELIBET POENA CORPORALIS, 
 quamvis minima, major est qualibet poena 
 pecuniarla. Every corporal punishment, al- 
 though the very least, is greater than any 
 pecuniary punishment. 3 Inst. 220. 
 
 QUAERAS DE DUBIIS, LEGEM BENE 
 discere si vis. Inquire into doubtful points 
 if you wish to understand the law well. 
 Litt. § 443. 
 
 QUAERE (Lat.) In practice. A word fre- 
 quently used to denote that an inquiry 
 ought to be made of a doubtful thing. 2 
 Lilly, Abr. 406. 
 
 QUAERE DE DUBIIS, QUIA PER RATIO- 
 nes pervenltur ad legltlmam rationem. In- 
 quire into doubtful points, beicause by rea- 
 soning we arrive at legal reason, Litt. 
 § 377. 
 
 QUAERENS. In old practice. A plaintiff; 
 the plaintiff. 
 
 QUAERENS NON INVENIT PLEGIUM 
 (Lat.) In practice. The plaintiff has not 
 found pledge. The return made by the 
 sheriff to a writ directed to him with this 
 clause, namely, Si A facerit B seeurem de 
 olamore suo prosequando, when the plain- 
 tiff has neglected to find sufficient security. 
 Pitzh. Nat. Brev. 38. 
 
 QUAERERE DAT SAPERE QUAE SUNT 
 legitima vere. To investigate Is the way to 
 know what things are really lawful. Litt. 
 § 443. 
 
 QUAESTIO (Lat.) In Roman law. A sort 
 of commission (ad quaerendum) to inquire 
 into some criminal matter given to a magis- 
 trate or citizen, who was called quaesitor or 
 quaestor, who made report thereon to the 
 senate or the people, as the one or the other 
 appointed him. In progress of time he was 
 empowered (with the assistance of a coun- 
 sel) to adjudge the case, and the tribunal 
 thus constituted was called quaestio. 
 
 This special tribunal continued in use 
 until the end of the Roman republic, al- 
 though it was resorted to, during the last 
 times of the republic, only in extraordinary 
 cases. 
 
 The manner in which they were consti- 
 tuted was this : If the matter to be inquired 
 of was within the jurisdiction of the comi- 
 tia, the senate, on the demand of the consul, 
 or of a tribune, or of one of its members, 
 declared by a decree that there was cause 
 to prosecute a citizen. Then the consul ex 
 cmctoritate senatus asked the people in 
 comitia (rogahat rogatio) to enact this de- 
 cree into a law. The comitia adopted it, 
 either simply or with amendment, or they 
 rejected it. 
 
 The increase of population and of crimes 
 rendered this method, which was tardy at 
 best, onerous, and even impracticable. In 
 the year 149 B. C, under the consulship 
 of Censorinus and Manilius, the tribune 
 Calpurnius Piso procured the passage of a 
 law establishing a questio perpetua, to take 
 cognizance of the crime of extortion com- 
 mitted by Roman magistrates against 
 strangers de pecuniis repetundis. Cicero, 
 Brut. 27; Cicero de Off. ii. 21; Cicero in 
 Verr. iv. 25. 
 
 Many such tribunals were afterwards es- 
 tablished, such as qnaestiones de majestate, 
 de ambitu, de peculatu, de vi, de sodalitiis, 
 etc. Each was composed of a certain num- 
 ber of judges taken from the senators, and 
 presided over by a praetor, although he 
 might delegate his authority to a public of- 
 ficer, who was called judex quaestionis. 
 These tribunals continued a year only; for 
 
QUAESTIONES PERPETUAE 
 
 831 
 
 QUALITER 
 
 the meaning of the word perpetuus is (non 
 intermptus) , not interrupted during the 
 term of its appointed duration. 
 
 The establishment of these quaestiones 
 deprived the comitia of their criminal juris- 
 diction, except the crime of treason. They 
 were, in fact, the depositories of the judicial 
 power during the sixth and seventh cen- 
 turies of the Roman republic, the last of 
 which was remarkable for civil dissensions, 
 and replete with great public transactions. 
 Without some knowledge of the constitution 
 of the quaestio perpetua, it is impossible to 
 understand the forensic speeches of Cicero, 
 or even the political history of that age. 
 But when Julius Caesar, as dictator, sat 
 for the trial of Ligarius, the ancient con- 
 stitution of the republic was, in fact, de- 
 stroyed, and the criminal tribunals, which 
 had existed in more or less vigor and purity 
 until then, existed no longer but in name. 
 Under Augustus, the concentration of the 
 triple power of the consuls, proconsuls, and 
 tribunes in his person transferred to him, 
 as of course, all judicial powers and au- 
 thorities. 
 
 QUAESTIONES PERPETUAE. In the Ro- 
 man law. Commissions (or courts) of in- 
 quisition into crimes alleged to have been 
 committed. They were called "perpetuae," 
 to distinguish them from "occasional" in- 
 quisitions, and because they were perma- 
 nent courts for the trial of offenders. 
 Brown. 
 
 QUAESTOR (Lat.) The name of a magis- 
 trate of ancient Rome. 
 
 QUAESTORES CLASSICI (Lat.) In Ro- 
 man law. Officers intrusted with the care 
 of the public money. 
 
 Their duties consisted in making the nec- 
 essary payments from the aerarium, and 
 receiving the public revenues. Of both 
 they had to keep correct accounts in their 
 tabulae publieae. Demands which any one 
 might have on the aerarium, and outstand- 
 ing debts, were likewise registered by them. 
 Fines to be paid to the public treasury were 
 registered and exacted by them. They were 
 likewise to provide proper accommodations 
 for foreign ambassadors and such persons 
 as were connected with the republic by ties 
 of public hospitality. Lastly, they were 
 charged with the care of the burials and 
 monuments of distinguished men, the ex- 
 penses for which had been decreed by the 
 senate to be paid by the treasury. Their 
 number at first was confined to two, but 
 this was afterwards increased as the em- 
 pire became extended. There were quaes- 
 tores of cities and of provinces, and 
 quaestor es of the army; the latter were in 
 fact paymasters. 
 
 QUAESTORES PARRICIDII (Lat.) In Ro- 
 man law. Public accusers, two in number, 
 who conducted the accusation of persons 
 guilty of murder or any other capital of- 
 fense, and carried the sentence into execu- 
 
 tion. They ceased to be appointed at an 
 early period. Smith. 
 
 QUAESTUS. That estate which a man 
 has by acquisition or purchase, in contra- 
 distinction to "haereditas," which is what 
 he has by descent. Glanv. 1, 7, c. 1. 
 
 QUALE JUS (Lat.) In old English law. 
 A judicial writ, which lay where a man of 
 religion had judgment to recover land be- 
 fore execution was made of the judgment. 
 It went forth to the escheator between 
 judgment and execution, to inquire what 
 right the religious person had to recover, or 
 whether the judgment were obtained by the 
 collusion of the parties, to the intent that 
 the lord might not be defrauded. Reg. 
 Jud. 8. 
 
 QUALIFICATION. Having the requisite 
 qualities for a thing; as, to be president of 
 the United States, the candidate must pos- 
 sess certain qualifications. 
 
 The natural endowment or acquirement 
 which fits a person for a place, office, or 
 employment. See 4 Wall. (U. S.) 319. 
 
 QUALIFIED ELECTOR. One entitled to 
 vote. 
 
 QUALIFIED FEE. One which has a qual- 
 ification subjoined to it, and which must be 
 determined whenever the qualification an- 
 nexed to it is at an end. A limitation to 
 a man and "his heirs on the part of his 
 father" affords an example of this species 
 of estate. Litt. § 254; 2 Bouv. Inst, note 
 1695. 
 
 QUALIFIED INDORSEMENT. A transfer 
 of a bill of exchange or promissory note to 
 an indorsee, without any liability to the in- 
 dorser. The words usually employed for 
 this purpose are sans recours, without re- 
 course. 1 Bouv. Inst, note 1138. 
 
 QUALIFIED PROPERTY. Property not In 
 its nature permanent, but which may some- 
 times subsist and at other times not sub- 
 sist. A defeasible and precarious owner- 
 ship, which lasts as long as the thing is 
 in actual use and occupation; e. g., first, 
 property in animals ferae naturae, or in 
 light, or air, where the qualified property 
 arises from the nature of the thing; sec- 
 ond, property in a thing held by any one 
 as a bailee, where the qualified property 
 arises not from the nature of the thing, 
 but from the peculiar circumstances under 
 which it is held. 2 Bl. Comm. 391, 395*; 
 2 Kent, Comm. 347; 2 Wooddeson, Lect. 385. 
 
 Any ownership not absolute. 
 
 QUALITAS QUAE INESSE DEBET, FA- 
 clle praesumftur. A quality which ought to 
 form a part is easily presumed. 
 
 QUALITER (Lat.) In what manner. A 
 word used in old writs. Fleta, lib. 2, c. 64, 
 § 19. 
 
QUALITY 
 
 832 
 
 QUANDO DISPOSITIO REFEERI 
 
 QUALITY. 
 
 Of Persons. The state or condition of 
 
 a person. 
 
 Two contrary qualities cannot be in the 
 same person at the same time. Dig. 41, 10. 
 4. Every one is presumed to know the 
 quality of the person with whom he is con- 
 tracting. In the United States the people 
 happily are aU upon an equality in their 
 civil rights. 
 
 In Pleading. That which distinguishes 
 
 one thing from another of the same kind. 
 
 QUALITY OF ESTATE. The period when, 
 and the manner in which, the right of en- 
 joying an estate is exercised. It is of two 
 kinds: (1) The period when the right of 
 enjoying an estate is conferred upon the 
 owner, whether at present or in future; 
 and (2) the manner in which the owner's 
 right of enjoyment of his estate is to be 
 exercised, whether solely, jointly, in com- 
 mon, or in coparcenary. Wharton. 
 
 QUAM LONGUM DEBET ESSE "RATIO- 
 nabile tempus," non definitur in lege, sed 
 pendet ex discretione justiciariorum. What 
 is "reasonable time" the law does not de- 
 fine; it is left to the discretion of the 
 judges. Co. Litt. 56. See 11 Coke, 44. 
 
 QUAM RATIONABILIS DEBET ESSE 
 fini'Sv non definitur, sed omnibus circumstan- 
 tiis inspectis pendet ex justiciariorum dis- 
 cretione. What a reasonable fine ought to 
 be is not defined, but is left to the discre- 
 tion of the judges, all the circumstances 
 •being considered. 11 Coke, 44. 
 
 QUAIVIDIU (Lat.) As long as; so long as. 
 A word of limitation in old conveyances. 
 Co. Litt. 235a; 10 Coke, 41b; Shep. Touch. 
 125. 
 
 QUAIVIDIU SE BENE GESSERIT (Lat. as 
 long as he shall behave himself well). A 
 clause inserted in commissions, when such 
 instruments were written in Latin, to signi- 
 fy the tenure by which the officer held his 
 office. 
 
 QUAMVIS ALIQUID PER SE NON SIT 
 malum, tamen si sit mall exempli, non est 
 faciendum. Although in itself a thing may 
 not be bad, yet if it holds out a bad example 
 it is not to be done. 2 Inst. 564. 
 
 QUAMVIS LEX GENERALITER LOQUI- 
 tur, restringenda tamen est, ut cessante ra- 
 tione et ipsa cessat. Although the law 
 speaks generally, it is to be restrained, 
 since when the reason on which it is 
 founded fails, it fails. 4 Inst. 330. 
 
 QUANDO ABEST PROVISIO PARTIS, 
 adest provisio legis. When a provision of 
 the party is lacking, the provision of the 
 law is at hand. 13 C. B. 960. 
 
 QUANDO ACCIDERINT (Lat. when they 
 fall in). In practice. When a defendant, 
 executor or administrator, pleads pleoie ad- 
 ministravit, the plaintiff may pray to havQ 
 
 judgment of assets quamdo accidermt. 
 Buller, N. P. 169; Bac. Abr. "Executor" 
 (M). 
 
 By taking a judgment in this form, the 
 plaintiff admits that the defendant has 
 fully administered to that time. 1 Pet. C. 
 C. (U. S.) 442, note. See 11 Viner, Abr. 
 379; Comyn, Dig. "Pleader" (2 D. 9). 
 
 QUANDO ALIQUID CONCEDITUR, CON- 
 ceditur id sine quo illud fieri non possit. 
 When anything is granted, that also is 
 granted without which it cannot be of effect. 
 9 Barb. (N. Y.) 516, 518; 10 Barb. (N. Y.) 
 354, 359. 
 
 QUANDO ALIQUID MANDATUR, MAN- 
 datur et omne per quod pervenltur ad illud. 
 When anything is commanded, everything 
 by which it can be accomplished is also 
 commanded. 5 Coke, 116. See 7 C. B. 886; 
 U C. B. 107; 6 Exch. 886, 889; 10 Exch. 
 449; 2 El. & Bl. 301; Story, Ag. (4th Ed.) 
 110, 179, 242, 299; Broom, Leg. Max. (3d 
 London Ed.) 431. 
 
 QUANDO ALIQUID PER SE NON SIT 
 malum, tamen si sit mail, exempli, non est fa- 
 ciendum. When anything by itself is not 
 evil, and yet may be an example for evil, 
 it is not to be done. 2 Inst. 564. 
 
 QUANDO ALIQUID PROHIBETUR EX 
 directo, prohlbetur et per obliquum. When 
 anything is prohibited directly, it is also 
 prohibited indirectly. Co. Litt. 223. 
 
 QUANDO ALIQUID PROHIBETUR. PRO- 
 hibetur omne per quod devenltur ad illud. 
 When anything is prohibited, everything 
 by which it is readied is prohibited. 2 Inst. 
 48; Broom, Leg. Max. (3d London Ed.) 
 432; Wingate, Max. 618. See 7 Clark & 
 F. 509, 546; 4 Barn. & C. 187, 193; 2 Term 
 R. 251, 252; 8 Term R. 301, 415; 15 Mees. 
 & W. 7; 11 Wend. (N. Y.i 329. 
 
 QUANDO ALIQUIS ALIQUID CONCED- 
 It, concedere videtur et Id sine quo res uti 
 non potest. When a person grants a thing, 
 he is supposed to grant that also without 
 which, the thing cannot be used. 3 Kent, 
 Comm. 421. 
 
 QUANDO CHARTA CONTINET GENER- 
 alem clausulam, posteaque descendit ad ver- 
 ba specialia quae clausulae general! sunt 
 consentanea, interpretanda est charta secun- 
 dum verba specialia. When a deed contains 
 a general clause, and afterwards descends 
 to special words, consistent with the gen- 
 eral clause, the deed is to be construed ac- 
 cording to the special words. 8 Coke, 154. 
 
 QUANDO DE UNA ET EADEM RE, DUO 
 onerabiles existunt, unus, pro insufflcientia 
 alterlus, de Integro, onerabitur. When two 
 persons are liable concerning one and the 
 same thing, if one makes default, the other 
 must bear the whole. 2 Inst. 277. 
 
 QUANDO DISPOSITIO REFERRI PO- 
 test ad duas res, ita quod secundum rela- 
 
QUANDO DIVERSI 
 
 833 
 
 QUANTUM MERUIT 
 
 tlonem unam vitiatur et secundum alteram 
 utilis sit, turn facienda est relatio ad lllam 
 ut valeat dispositio. When a disposition 
 may be made to refer to two things, so 
 that, according to one reference, it would 
 be vitiated, and by the other it would be 
 made effectual, such a reference must be 
 made that the disposition shall have effect. 
 6 Coke, 76b. 
 
 QUANDO DIVERSI DESIDERANTUR 
 actus ad aliquem statum perficiendum, plus 
 respicit lex actum originalem. When differ- 
 ent acts are required to the formation of 
 an estate, the law chiefly regards the origi- 
 nal act. 10 Coke, 49. 
 
 QUANDO DUO JURA CONCURRUNT IN 
 una persona, aequum est ac si essent in di-< 
 versls. When two rights concur In one per- 
 son, it is the same as if they were in two 
 separate persons. 4 Coke, 118. 
 
 QUANDO JUS DOMINI RECilS ET SUB- 
 diti concurrunt Jus regis praeferri debet. 
 When the right of the sovereign and of the 
 subject concur, the right of the sovereign 
 ought to be preferred. 1 Coke, 129; Co. 
 Litt. 30b; Broom, Leg. Max. (3d London 
 Ed.) 66. 
 
 QUANDO LEX ALIQUIO ALICUI CONCE- 
 dit, concedere videtur id sine quo res ipsa es- 
 se non potest. When the law gives anything, 
 it gives the means of obtaining it. 5 Coke, 
 47; 3 Kent, Comm. 421. 
 
 QUANDO LEX ALIQUID ALICUI CON- 
 cedit, omnia incidentia tacite conceduntur. 
 When the law gives anything, it gives 
 tacitly what is incident to it. 2 Inst. 326; 
 Hob. 234. 
 
 QUANDO LEX ALIQUID ALIQUO CON- 
 cedit, conceditur et id sine qua res ipsa esse 
 non potest. When the law grants a thing 
 to any one, it grants that also without 
 which the thing itself cannot exist. 15 
 Barb. (N. Y.) 153, 160. 
 
 QUANDO LEX EST SPECIALIS, RATIO 
 autem generalis, generallter lex est intelli- 
 genda. When the law. Is special, but its 
 reason is general, the law is to be under- 
 stood generally. 2 Inst. 83; 10 Coke, 101. 
 
 QUANDO LICET ID QUOD IVIAJUS, VIDE- 
 tur licere id quod minus. When the greater 
 is allowed, the less seems to be allowed also. 
 Shep. Touch. 429. 
 
 QUANDO MULIER NOBILIS NUPSERIT 
 ignobili, desinit esse nobilis nisi nobilitas 
 nativa fuerit. When a noble woman marries 
 a man not noble, she ceases to be noble, 
 unless her nobility was born with her. 4 
 Coke, 118. 
 
 QUANDO PLUS FIT GUAM FIERI DE- 
 bet, videtur etiam illud fieri quod faciendum 
 est When more is done than ought to be 
 done, that too shall be considered as per- 
 formed which should have been performed; 
 
 as, if a man, having a power to make a 
 lease for ten years, make one for twenty 
 years, it shall be void only for the surplus. 
 Broom, Leg. Max. (3d London Ed.) 166; 
 5 Coke, 115; 8 Coke, 85a. 
 
 QUANDO QUOD AGO NON VALET UT 
 ago, valeat quantum valere potest. When 
 that which I do does not have effect as I 
 do it, let it have as much effect as it can. 
 16 Johns. (N. Y.) 172, 178; 3 Barb. Ch. 
 (N. Y.) 242, 261. 
 
 QUANDO RES NON VALET UT AGO, 
 valeat quantum valere potest. When a thing 
 is of no force as I do it, it shall have as. 
 much as it can have. Cowp. 600; Broom, 
 Leg. Max. (3d London Ed.) 483; 2 Smith, 
 Lead. Cas. 294; 6 East, 105; 1 Vent. 216; 1 
 H. Bl. 614, 620. 
 
 QUANDO VERBA ET IVIENS CON- 
 gruunt, non est interpretation i locus. When 
 the words and the mind agree, there is no 
 place for interpretation. 
 
 QUANDO VERBA STATUTI SUNT SPE- 
 cialia, ratio autem generalis, generaliter sta- 
 tutum est inteiligendum. When the words of 
 a statute are special, but the reason or ob- 
 ject of it general, the statute is to be con- 
 strued generally. 10 Coke, 101b. 
 
 QUANTI MINORIS (Lat.) The name of a 
 particular action in Louisiana. An action 
 quanti mmoria is one brought for the re- 
 duction of the price of a thing sold, _ in 
 consequence of defects in the thing which 
 is the object of the sale. 
 
 Such action must be commenced within 
 twelve months from the date of the sale, 
 or from the time within which the defect 
 became known to the purchaser. 3 Mart. 
 (La.; N. S.) 287; 11 Mart. (La.) 11. 
 
 QUANTITY. In pleading. That which Is 
 susceptible of measure. 
 
 It is a general rule that, when the dec- 
 laration alleges an injury to goods and 
 chattels, or any contract relating to them, 
 their quantity should be stated. Gould, PI. 
 c. 4, § 35. And in actions for the recovery 
 of real estate, the quantity of the land 
 should be specified. Bracton, 431a; 11 Coke, 
 25b, 65a; Doct. Plac. 85, 86; 1 East, 441; 
 8 East, 357; 13 East, 102; Steph. PL 314, 
 315. 
 
 QUANTUIVI DAMNIFICATUS (Lat.) In 
 equity practice. An issue directed by a 
 court of equity to be tried in a court of 
 law, to ascertain by a trial before a jury 
 the amount of damages suffered by the 
 nonperformance of some collateral under- 
 taking which a penalty has been given to 
 secure. When such damages have thus 
 been ascertained, the court will grant re- 
 lief upon their payment. 4 Bouv. Inst, 
 note 3913. 
 
 QUANTUIVI MERUIT (Lat.) In pleading. 
 As much as he has deserved. 
 
QUANTUM TENENS DOMINO 
 
 834 
 
 QUARTER SALES 
 
 When a person employs another to do 
 work for him, without any agreement as to 
 his compensation, the law implies a prom- 
 ise from the employer to the workman that 
 he will pay him for his services as much 
 as he may deserve or merit. In such case, 
 the plaintiff may suggest in his declaration 
 that the defendant promised to pay him as 
 much as he reasonably deserved, and then 
 aver that his trouble was worth such a sum 
 of money, which the defendant has omitted 
 to pay. This is called an assumpsit on a 
 quantum meruit. 2 Bl. Comm. 162, 163; 1 
 Viner, Abr. 346; 2 Phil. Ev. 82. 
 
 QUANTUM TENENS DOMINO EX HO- 
 magio, tantum dominus tenenti ex dominie 
 debet praeter solam reverentiam; mutua de- 
 bet esse dominii et homiagi! fldelitatis con- 
 nexio. As much as the tenant by his hom- 
 age owes to his lord, so much is the lord, 
 by his lordship, indebted to the tenant, ex- 
 cept reverence alone; the tie of dominion 
 and of homage ought to be mutual. Co. 
 Litt. 64. 
 
 QUANTUM VALEBAT (Lat. as much as 
 it was worth). In pleading. When goods 
 are sold without specifying any price, the 
 law implies a promise from the buyer to 
 the seller that he will pay him for them as 
 much as they were worth. 
 
 The plaintiff may, in such case, suggest 
 in his declaration that the defendant prom- 
 ised to pay him as much as the said goods 
 were worth, and then aver that they were 
 worth so much, which the defendant has 
 refused to pay. See the authorities cited 
 under the article "Quantum Meruit." 
 
 QUARANTINE 
 
 In Maritime Law. The space of forty 
 
 days, or less, during which the crew of a 
 ship or vessel coming from a port or place 
 infected or supposed to be infected with 
 disease are required to remain on board 
 after their arrival, before they can be per- 
 mitted to land. 
 
 The term is applied in modern usage to 
 any isolation by law of infected persons or 
 places. 
 
 In Real Property. The space of forty 
 
 days, during which a widow has a right to 
 remain in her late husband's principal man- 
 sion immediately after his death. The right 
 of the widow is also called her "quaran- 
 tine." 
 
 QUARE (Lat.) In pleading. Wherefore. 
 
 This word is sometimes used in the writ 
 in certain actions, but is inadmissible in a 
 material averment in the pleadings, for it is 
 merely interrogatory; and therefore, when 
 a declaration began with complaining of 
 the defendant, "wherefore with force, etc., 
 he broke and entered" the plaintiff's close, 
 it was considered ill. Bac. Abr. "Pleas" 
 (B 5, 4) ; Gould, PL c. 3, § 34. 
 
 QUARE CLAUSUM FREGIT. See "Tres- 
 pass." 
 
 QUARE EJECIT INFRA TERMINUM. See 
 "Ejectment." 
 
 QUARE IMPEDIT (Lat. why he hinders). 
 In English law. A real possessory action 
 which can be brought only in the court of 
 common pleas, and lies to recover a pre- 
 sentation when the patron's right is dis- 
 turbed, or to try a disputed title to an 
 advowson. See "Disturbance;" Mireh. 
 Advowson, 265; 2 Saund. 386a. 
 
 QUARE INCUMBRAVIT (Lat. why he in- 
 cumbered). A writ or action which lay 
 against a bishop after judgment in an ac- 
 tion quare impedit, where he had incum- 
 bered the church with a clerk pending the 
 action. 3 Bl. Comm. 248. 
 
 QUARE INTRUSIT (Lat. why he Intrud- 
 ed). A writ that formerly" lay where the 
 lord proffered a suitable marriage to his 
 ward, who rejected it, and entered into the 
 land, and married another, the value of his 
 marriage not being satisfied to the lord. 
 Abolished by 12 Car. II. c. 24. 
 
 QUARE NON ADMISIT (Lat. wherefore 
 he did not admit) . A writ to recover dam- 
 ages against a bishop who does not admit 
 a plaintiff's clerk. It is, however, rarely or 
 never necessary ; for it is said that a bishop, 
 refusing to execute the writ ad admitten- 
 dum clericum, or making an insufficient re- 
 turn to it, may be fined. Watson, Cler. 
 Law, 302. 
 
 QUARE NON PERMITTIT. An ancient 
 writ, which lay for one who had a right to 
 present to a church for a turn against the 
 proprietary. Fleta, lib. 5, c. 6. 
 
 QUARE OBSTRUXIT. (Lat. why he ob- 
 structs.) The name of a writ formerly 
 used in favor of one who, having a right 
 to pass through his neighbor's grounds, was 
 prevented enjoying such right, because the 
 owner of the grounds had obstructed the 
 way. 
 
 QUARREU A dispute; a difference. In 
 law, particularly in releases, which are 
 taken most strongly against the releasor, 
 when a man releases all quarrel he is said 
 to release all actions, real and personal. 8 
 Coke, 153. 
 
 QUARRY. A place whence stooes are dug 
 for the purpose of being employed in build- 
 ing, making roads, and the like. 
 
 When a farm is let with an open quarry, 
 the tenant may, when not restrained by his 
 contract, take out the stone; but he has no 
 right to open new quarries. See "Waste. 
 
 QUARTER DAYS. The four days of the 
 year on which rent payable quarterly be- 
 comes due. 
 
 QUARTER SALES. In New York a cer- 
 tain fraction of the purchase money is often 
 conditioned to be paid back on alienation of 
 the estate; and this fine on alienation is 
 
QUARTER SEAL 
 
 835 
 
 QUASI CONTRACTUS 
 
 expressed as a "tenth sales," a "quarter 
 sales," etc. 7 Cow. (N. Y.) 285; 7 Hill 
 (N. Y.) 253; 7 N. Y. 490. 
 
 QUARTER SEAL. In Scotch law. The 
 seal kept by the director of the chancery in 
 Scotland is so called. It is in the shape 
 and impression of the fourth part of the 
 great seal. Bell, Diet. 
 
 QUARTER SESSIONS. A court bearing 
 this name, mostly invested with the trial of 
 criminals. It takes its name from sitting 
 quarterly, or once in three months. 
 
 The English courts of quarter sessions 
 were erected during the reign of Edward 
 III. See St. 36 Edw. III.; Crabb, Hist. 
 Eng. Law, 278. 
 
 QUARTER YEAR. In the computation of 
 time, a quarter year consists of ninety-one 
 days. Co. Litt. 135b; 2 RoUe, Abr. 521, lib. 
 40; Rev. St. N. Y. pt. 1, c. 19, tit. 1, § 3. 
 
 QUARTERING. A barbarous punishment 
 formerly inflicted on criminals by tearing 
 them to pieces by means of four horses, 
 one attached to each limb. 
 
 QUARTERING OF SOLDIERS. Furnish- 
 ing soldiers with board or lodging or both. 
 Const. U. S. Amend, art. 3, provides that 
 "no soldier shall, in time of peace, be quar- 
 tered in any house without the consent of 
 the owner, nor in time of war but in a 
 manner to be prescribed by law." 
 
 QUARTEROON. One who has had one of 
 his grandparents of the black or African 
 race. 
 
 QUARTO DIE POST (Lat. fourth day af- 
 ter). Appearance day, which is the fourth 
 day inclusive from the return of the writ; 
 and if the person summoned appears on 
 that day, it is sufficient. On this day, also, 
 the court begins to sit for despatch of busi- 
 ness. These three days were originally 
 given as an indulgence. 3 Bl. Comm. 278; 
 Tidd, New Prac. 134. But this practice is 
 now altered. 15 & 16 Vict. c. 76. 
 
 QUASH. In practice. To overthrow or 
 annul. 
 
 Distinguished from "dismiss." The term 
 "quash," as applied to writs, is predicated 
 of some defect in the writ itself, or in the 
 form of the writ, which defect does not 
 reach the merits of the case; the usual 
 practice being to grant a new writ on the 
 original petition. Dismissal is applied to 
 the removal or disposal of the cause itself, 
 and not to the mere annulment of the writ. 
 24 Miss. 457. 
 
 QUASHAL. The act of quashing. 
 
 QUASI (Lat. as if; almost). A term used 
 to mark a resemblance, and which supposes 
 a little difference between two objects. Dig. 
 11. 7. 1. 8. 1; 60 111. 402. Civilians use the 
 expressions quasi contractus, quasi delic- 
 tum, quasi possessio, quasi traditio, etc. 
 
 QUASI AFFINITY. In civil law. The af- 
 finity which exists between two persons, 
 one of whom has been betrothed to the 
 kindred of the other, but who have never 
 been married. For example, my brother 
 is betrothed to Maria, and afterwards, be- 
 fore marriage, he dies. There then exists 
 between Maria and me a quasi affinity. 
 
 The history of England furnishes an ex- 
 ample of this kind. Catherine of Arragon 
 was betrothed to the brother of Henry VIII. 
 Afterwards, Henry married her, and under 
 the pretense of this quasi affinity he repudi- 
 ated her, because the marriage was incestu- 
 ous. 
 
 QUASI CONTRACT. A liability similar to 
 that created by contract, but not really 
 arising by the consent of the parties. 
 
 QuMsi contracts are said to be founded 
 in general. 
 
 (1) On a record, as the liability on a 
 judgment. 
 
 (■2) On a statutory, official, or customary 
 duty, as the obligation of a husband for 
 necessaries furnished his wife, even against 
 his orders; or the liability of a vessel for 
 half pilotage on refusing the first pilot 
 offering himself. 2 Wall. (U. S.) 450. 
 
 (3) On the doctrine that no one shall be 
 permitted to enrich himself unjustly at the 
 expense of another; as the liability of an 
 infant to pay for necessaries (141 Mass. 
 530), or the liability to repay money paid 
 by mistake (Keener, Quasi Cont. 16). 
 
 The distinction between "quasi contract" 
 and "implied contract" appears to be one 
 of degree, rather than of principle. It has 
 been said that implied contract extends to 
 those cases where there was an intent to 
 contract, or at least no intent not to con- 
 tract; but in many cases commonly as- 
 signed to implied contracts, the only evi- 
 dence of intent to contract is in the im- 
 puted knowledge that the law would impose 
 a given liability, and this element is absent 
 from but few quasi contracts. On the 
 other hand, the test of definite intention 
 not to contract would exclude many liabili- 
 ties properly classified as quasi contrac- 
 tual, 6. g., that for money paid by mistake. 
 
 It may be said, generally, that quasi 
 contracts embrace those cases where there 
 was a positive intention not to contract, 
 and cases where there was no intent to 
 contract, and the party was more remote 
 from any inferred intent than in cases of 
 implied contract, but the exact line of de- 
 marcation cannot, in the present state of 
 legal nomenclature, be drawn. 
 
 QUASI CONTRACTUS (Lat.) In civil law. 
 The act of a person, permitted by law, by 
 which he obligates himself towards an- 
 other, or by which another binds himself 
 to him, without any agreement between 
 them. 
 
 By article 2272 of the Civil Code of Lou- 
 isiana, which is translated from article 1371 
 of the Code Civil, quasi contracts are de- 
 fined to be "ttie lawful and purely volun- 
 
QUASI CORPORATIONS 
 
 836 
 
 QUASI POSSESSION 
 
 tary acts of a man, from which there re- 
 sults any obligation whatever to a third 
 person, and sometimes a reciprocal obliga- 
 tion between the parties." In contracts, it 
 is the consent of. the contracting parties 
 which produces the obligation; in quasi 
 contracts no consent is required, and the 
 obligation arises from the law or natural 
 equity, on the facts of the case. These 
 acts are called "quasi contracts" because, 
 without being contracts, they bind the par- 
 ties as contracts do. 
 
 Bracton makes use of the term "quasi ex 
 contractu," and includes contracts that im- 
 pliedly arise from the relations of agency, 
 wardship, the division of common property, 
 the distribution of an inheritance, an ac- 
 tion growing out of a testament, a suit to 
 require a sum paid not due, and such like. 
 253 111. 173. 
 
 There is no term in the common law 
 which answers to that of "quasi contract." 
 Many quasi contracts may doubtless be 
 classed among "implied contracts." There 
 is, however, a difference to be noticed. For 
 example, in case money should be paid by 
 mistake to a minor, it may be recovered 
 from him by the civil law, because his 
 consent is not necessary to a quasi contract; 
 but by the common law, if it can be recov- 
 ered, it must be upon an agreement to 
 which the law presumes he has consented, 
 and it is doubtful, upon principle, whether 
 such recovery could be had. 
 
 Quasi contracts may be multiplied almost 
 to infinity. They are, however, divided into 
 five classes, — such as relate to the volun- 
 tary and spontaneous management of the 
 affairs of another, without authority (ne- 
 gotiorwm gestiai) ; the administration of 
 tutorship; the management of common 
 property (comTnunio honorum) ; the acqui- 
 sition of an inheritance; and the payment 
 of a sum of money or other thing by mis- 
 take, when nothing was due (indebiti 
 solutio). 
 
 Each of these quasi contracts has an 
 affinity with some contract. Thus, the man- 
 agement of the affairs of another without 
 authority, and tutorship, are compared to 
 a mandate; the community of property, to 
 a partnership; the acquisition of an in- 
 heritance, to a stipulation; and the pay- 
 ment of a thing which is not due, to a loan. 
 
 QUASI CORPORATIONS. A term applied 
 to those bodies which, though not vested 
 with the general powers of corporations, 
 are yet recognized by statutes or imme- 
 morial usage as persons or corporations 
 aggregate, with power to sue and be sued 
 in their aggregate capacity. 2 Kent, Comm. 
 274; 9 Mass. 247; 1 Me. 361. 
 
 A body having capacity to make con- 
 tracts in respect to county affairs, and 
 having perpetual succession, is a quasi cor- 
 poration (2 Wall. [U. S.] 501), e. g., the 
 overseers of the poor (18 Johns. [N. Y.] 
 407). 
 
 QUASI DELICT. In Civil law. An act 
 whereby a person, without malice, but by 
 fault, negligence, or imprudence not legally 
 excusable, causes injury to another. 
 
 A quMsi delict may be public or private. 
 The neglect of the affairs of a community, 
 when it is our duty to attend to them, may 
 be a crime; the neglect of a private matter, 
 under similar circumstances, may be the 
 ground of a civil action. Bowyer, Mod. Civ. 
 Law, c. 43, p. 265. 
 
 QUASI DEPOSIT. A kind of involuntary- 
 bailment, which takes place where a person 
 acquires possession of property lawfully, by 
 finding. Story, Bailm. § 85. 
 
 QUASI EASEMENT. An "easement," in 
 the proper sense of the word, can only 
 exist in respect of two adjoining pieces of 
 land occupied by different persons, and 
 can only impose a negative duty on the 
 owner of the servient tenement. Hence an 
 obligation on the owner of land to repair 
 the fence between his and his neighbor's 
 land is not a true easement, but is some- 
 times called a "quasi easement." Gale, 
 Easem. 516. 
 
 QUASI ENTAIL. A quasi entail exists 
 when an estate pur autre vie is limited to 
 a person and the heirs of his body. 
 
 QUASI EX CONTRACTU. See "Quasi 
 Contractus." 
 
 QUASI FEE. An estate gained by wrong; 
 for wrong is unlimited and uncontained 
 within rules. Wharton. 
 
 QUASI OFFENSES, or QUASI CRIMES. 
 Wrongs against the general or local public 
 which have not been declared crimes (68 
 111. 375) ; e. g., bastardy proceedings, which 
 are commonly said to be quasi criminal. 
 
 Offenses for which some person other 
 than the actual perpetrator is responsible, 
 the perpetrator being presumed to act by 
 command of the responsible party. 
 
 Injuries which have been unintentionally 
 caused. 
 
 QUASI PARTNERS. Partners of lands, 
 goods, or chattels, who are not actual part- 
 ners, are sometimes so called. Poth. de 
 Societe, Append, note 184. See "Part Own- 
 ers." 
 
 QUASI PERSONALTY. Things which are 
 movable in point of law, though fixed to 
 things real, either actually, as emblements 
 (fructu^ industriales) , fixtures, etc., or fic- 
 titiously, as chattels real, leases for years, 
 etc. 
 
 QUASI POSSESSION. Such use as is to 
 a right what possession is to a thing. When 
 the enjoyment is exercised by means _ of 
 possession of the thing, which is the subject 
 of the right, the idea of qvmi possession 
 does not arise, and the term is confined to 
 those rights which merely give a limited 
 
QUASI POSTHUMOUS CHILD 
 
 837 
 
 QUEEN GOLD 
 
 poorer of using the thing, as in case of 
 easements. The term is little used, "en- 
 joyment" being more frequently employed. 
 
 QUASI POSTHUMOUS CHILD. In civil 
 law. One who, born during the life of his 
 grandfather or other male ascendant, was 
 not his heir at the time he made his testa- 
 ment, but who, by the death of his father, 
 became his heir in his lifetime. Inst. 2. 13. 
 2; Dig. 28. 3. 13. 
 
 QUASI PURCHASE. This term is used in 
 the civil law to denote that a thing is to be 
 considered as purchased from the presumed 
 consent of the owner of a thing; as, if a 
 man should consume a cheese, which is in 
 his possession and belonging to another, 
 with an intent to pay the price of it to the 
 owner, the consent of the latter will be 
 presumed, as the cheese would have been 
 spoiled by keeping it longer. Wolff. Dr. 
 Nat. § 691. 
 
 QUASI REALTY. Things which are fixed 
 in contemplation of law to realty, but mov- 
 able in themselves, as heirlooms (or limbs 
 of the inheritance), title deeds, court rolls, 
 etc. Wharton. 
 
 QUASI TENANT AT SUFFERANCE. An 
 
 under tenant, who is in possession at the de- 
 termination of an original lease, and is per- 
 mitted by the reversioner to. hold over. 
 
 QUASI TORT. Though not a recognized 
 term of English law, it may be conveni- 
 ently used in those cases where a man who 
 has not committed a tort is liable as if he 
 had. Thus, a master is liable for wrongful 
 acts done by his servant in the course of 
 his employment. Broom, Com. Law, 690; 
 Underh. Torts, 29. Austin rejects "quasi 
 torts," or "quasi delict," altogether. Austin, 
 Jur. 959. 
 
 QUASI-TRADITIO (Lat.) In civil law. A 
 term used to designate that a person is in 
 the use of the property of another, which 
 the latter suffers and does not oppose. Lee. 
 Elm. § 396. It also signifies the act by 
 which the right of property is ceded in a 
 thing to a person who is in possession of 
 it; as, if I loan a boat to Paul, and deliver 
 it to him, and afterwards I sell him the 
 boat, it is not requisite that he should 
 deliver the boat to me to be again delivered 
 to him. There is a quasi tradition or de- 
 livery. 
 
 QUASI TRUSTEE. A person who reaps a 
 a benefit from a breach of trust, and so be- 
 comes answerable as a trustee. Lewin, 
 Trusts (4th Ed.) 592, 638. 
 
 QUASI USUFRUCT. In the civU law. A 
 name given to a usufructuary interest in 
 consumable things. See "Usufruct." 
 
 QUATER COUSIN. "The very name of 
 cater, or (as it is more properly written) 
 guater cousins, is grown into a proverb, to ' 
 
 express, by way of irony, the last and most 
 trivial degree of intimacy and regard." 
 Bl. Law Tr. 6. 
 
 QUATUOR PED1BUS CURRIT (Law Lat.) 
 Runs upon four feet; runs upon all fours. 
 A term used to denote an exact correspond- 
 ence. See "All Fours." Nullum simile qua- 
 tuor pedibus currit, no simile holds in ev- 
 erything. Co. Litt. 3a. "It does not fol- 
 low that they (a trust and an equity of 
 redemption) run quatuor p6dibus." 1 W. 
 Bl. 145. 
 
 QUATUORVIRI (Lat. four men). In Ro- 
 man law. Magistrates who had the care 
 and inspection of roads. Dig. 1. 2. 3. 30. 
 
 QUAY. A wharf at which to load or land 
 goods. Sometimes spelled "key." 
 
 In its enlarged sense, the word "quay" 
 means the whole space between the first 
 row of houses of a city and the sea or 
 river. 5 La. 152, 215. So much of the 
 quay as is requisite for the public use of 
 loading and unloading vessels is public 
 property, and cannot be appropriated to 
 private use, but the rest may be private 
 property. 
 
 QUE EST MESME (Law Fr.) Which is 
 the same. See "Quae est Eadem." 
 
 QUE ESTATE (Lat. quem, statum, or 
 which estate). A plea by which a man 
 prescribes in himself and those whose es- 
 tate he holds. 2 Bl. Comm. 270; 18 Vlner, 
 Abr. 133-140; Co. Litt. 121a; Hardr. 459; 
 2 Bouv. Inst, note 499. 
 
 QUEAN. A worthless woman; a strumpet. 
 The meaning of this word, which is now sel- 
 dom used, is said not to be well ascertained. 
 2 Rolle, Abr. 296; Bac. Abr. "Slander" (U 
 3). 
 
 QUEEN. A female sovereign. 
 
 QUEEN ANNE'S BOUNTY. By St. 2 
 Anne, c. 11, all the revenue of first fruit and 
 tenths was vested in trustees forever, to 
 form a perpetual fund for the augmenta- 
 tion of poor livings. 1 Bl. Comm. 286; 2 
 Burn, Ecc. Law, 260-268. ■ 
 
 QUEEN CONSORT. The wife of a reign- 
 ing king. 1 Bl. Comm. 218. She is looked 
 upon by the law as a feme sole, as to her 
 power of contracting, suing, etc. Id. 
 
 QUEEN DOWAGER. The widow of the 
 king. She has niost of the privileges be- 
 longing to a queen consort. 1 Bl. Comm. 
 229. 
 
 QUEEN GOLD. A royal revenue belong- 
 ing to every queen consort during her mar- 
 riage with the king, and due from every 
 person who has made a voluntary fine or 
 offer to_ the king of ten marks or upwards, 
 in consideration of any grant or privilege 
 conferred by the crown. It is due of record 
 on the recording of the fine. It was last en- 
 
QUEEN REGNANT 
 
 838 
 
 QUESTION 
 
 aoted in the reign of Charles I. It is now 
 quite obsolete. 1 Bl. Comm. 220-222; For- 
 tesc. de Laud. 398; Jacob. 
 
 QUEEN REGNANT. She who holds the 
 crown in her own right. She has the same 
 duties and prerogatives, etc., as a king. St. 
 1 Mar. I. St. 3, c. 1; 1 Bl, Comm. 218; 1 
 Wooddeson, Lect. 94. 
 
 QUEEN'S (or KING'S) ADVOCATE. An 
 
 English advocate who holds, in the courts in 
 which the rules of the canon and civil law 
 prevail, a similar position to that which the 
 attorney general holds in the ordinary 
 courts, i. e., he acts as counsel for the crown 
 is ecclesiastical, admiralty, and probate 
 cases, and advises the crown on questions 
 of international law. In order of preced- 
 ence, it seems that he ranks after the attor- 
 ney general. 3 Steph. Comm. 275, note; 
 Man. S. ad L. 19 Append. IV. 
 
 QUEEN'S BENCH. The English court of 
 king's bench is so called during the reign 
 of a queen. 3 Steph. Comm. 403. 
 
 QUEEN'S (or KING'S) COUNSEL. In 
 
 English law. Barristers called within the 
 bar, and selected to be the queen's (or 
 king's) counsel, learned in the law; answer- 
 ing in some measure to the ' advocates of 
 the revenue (advocati fisci) among the Ro- 
 mans. They cannot be employed in any 
 cause against the crown, without special 
 license. 3 Bl. Comm. 27; 3 Steph. Comm. 
 386. 
 
 QUEEN'S (or KING'S) EVIDENCE. Tes- 
 timony of an accomplice in a felony, ad- 
 mitted as evidence for the crown against 
 his accomplices. 4 Steph. Comm. 398. See 
 "State's Evidence." 
 
 QUEEN'S PRISON. In English law. A 
 prison appropriated to the debtors and crim- 
 inals confined under process, or by author- 
 ity of the superior courts at Westminster, 
 the Marshalsea court and Palace court, and 
 the high court of admiralty, and also to 
 persons imprisoned under the bankrupt law. 
 It was established by St. 5 & 6 Vict. c. 22, 
 consolidating into one the queen's bench, 
 the Fleet, and the Marshalsea prisons. 3 
 Steph. Comm. 254. 
 
 QUEM REDDITUM REDDIT. A real ac- 
 tion, by which the grantee of a rent could 
 compel the tenants to attorn to him. 
 
 QUEMADMODUM AD QUAESTIONEM 
 fact! non respondent judices, i'ta ad quaes- 
 tionem juris non respondent juratores. In 
 
 the same manner that judges do not 
 answer to questions of fact, so jurors do 
 not answer to questions of law. Co. Litt. 
 295. 
 
 QUERELA (Lat.) An action preferred In 
 any court of justice. The plaintiff was called 
 querens, or complainant, and his brief, com- 
 plaint, or declaration was called querela. 
 Jacob. See "Audita Querela." 
 
 QUERELA CORAM REGE A CONCILIO 
 discutlenda et terminanda. A writ by which 
 one is called to justify a complaint of a 
 trespass made to the king himself, before 
 the king and his council. Reg. Orig. 124. 
 
 QUERELA INOFFICIOSI TESTAMENTI 
 (Lat. complaint of an undutiful or unkind 
 will) . In civil law. A species of action al- 
 lowed to a child who had been unjustly dis- 
 inherited, to set aside the will, founded on 
 the presumption of law, in such cases, that 
 the parent was not in his right mind. Calv. 
 Lex.; 2 Kent, Comm. 327; Bell, Diet. 
 
 QUERENS (Lat. from queri, to com- 
 plain). In old English practice. A plain- 
 tiff; the plaintiff or complaining party. 
 Bracton, fols. 98b, 214, 240, et passim; 8 
 Coke, 153b. The complaining party in a 
 personal action; as petens (demandant) 
 was, in a real action. Actor, sive sit petena 
 sive querens. Bracton, fol. lD6b. But 
 querens was used in assizes. Fleta, lib. 
 4, c. 7. 
 
 QUESTA (Law Lat.) In old records. A 
 quest; an inquest, inquisition, or inquiry, 
 upon the oaths of an impanelled jury. 
 Cowell. 
 
 QUESTION. 
 
 In Old Criminal Law. A means some- 
 times employed in some countries, by tor- 
 ture, to compel supposed great criminals 
 to disclose their accomplices or to acknowl- 
 edge their crimes. 
 
 This torture is called "question" because, 
 as the unfortunate person accused is made 
 to suffer pain, he is asked questions as to 
 his supposed crime or accomplices. This is 
 unknown in the United States.' See Poth. 
 Proc. Crim. sec. 5, art. 2, § 3. 
 
 ——In Evidence. An Interrogation put to 
 a witness, requesting him to declare the 
 truth of certain facts as far as he knows 
 them. 
 
 Questions are either general or leading. 
 By a general question is meant such a one 
 as requires the witness to state all he knows, 
 without any suggestion being made to him; 
 as, "Who gave the blow?" A leading ques- 
 tion is one which leads the mind of the wit- 
 ness to the answer, or suggests it to him; 
 as, "Did A. B. give the blow?" 
 
 The Romans called -a question by which 
 the fact or supposed fact which the interro- 
 gator expected or wished to find asserted in 
 and by the answer was made known to the 
 proposed respondent a "suggestive" inter- 
 rogation; as, "Is not your name A. B.? ' 
 See "Leading Question." 
 
 In Practice. A point on which the par- 
 ties are not agreed, and which is submitted 
 to the decision of a judge and jury. 
 
 When the doubt or difference arises as to 
 what the law is on a certain state of facts, 
 this is said to be a "legal question;" and 
 when the party demurs, this is to be de- 
 cided by the court. When it arises as to the 
 truth or falsehood of facts, this is a "ques- 
 
QUESTUS EST NOBIS 
 
 839 
 
 QUI IN JUS DOMINIUMVE 
 
 tion of fact," and is to be decided by the 
 jury. 
 
 QUESTUS EST NOBIS. A writ of nui- 
 sance which lay against one who acquired, 
 by descent or alienation, the thing which 
 caused the nuisance. It was given by 15 
 Edw. I. Formerly only the person causing 
 it was liable. Cowell. 
 
 QUI ABJURAT REGNUM AMITTIT REG- 
 num, sed non regem; patrlam, sed non pa- 
 trem patriae. He who abjures the realm 
 leaves the realm, but not the king; the 
 country, but not the father of the country. 
 7 Coke, 9. 
 
 QUI ACCUSAT INTEGRAE FAMAE SIT 
 et non criminosus. Let him who accuses be 
 of clear fame, and not criminal. 3 Inst. 26. 
 
 QUI ACQUIRIT SIBI ACQUIRIT HAERE- 
 dibus. He who acquires for himself acquires 
 for his heirs. Tray. Lat. Max. 496. 
 
 QUI ADIMIT MEDIUM DIRIMIT FINEM. 
 He who takes away the means destroys 
 the end. Co. Litt. 161. 
 
 QUI ALIQUID STATUERIT PARTE IN- 
 audlta altera, aequum llce't dixerit, haud 
 aequum facerit. He who decides anything, a 
 party being unheard, though he should de- 
 cide right, does wrong. 6 Coke, 52; 4 Bl. 
 Comm. 483. 
 
 QUI ALTERIUS JURE UTITUR, EODEM 
 jure uti debet. He who uses the right of an- 
 other ought to use the same right, Poth. 
 Tr. de Change, pt. 1, c. 4, § 114; Broom, 
 Leg. Max. (3d London Ed.) 421. 
 
 QUI APPROBAT NON REPROBAT. He 
 
 who approbates does not reprobate, i. e., he 
 cannot both accept and reject the same 
 thing. 
 
 QUI BENE DISTINGUIT BENE DOCET. 
 He who distinguishes well, learns well. 2 
 Inst. 470. 
 
 QUI BENE 1NTERR0GAT BENE DOCET. 
 He who questions well, learns well. 3 
 Bulst. 227. 
 
 QUI CADIT A SYLLABA CADIT A TOTA 
 
 causa. He who falls in a syllable falls in 
 his whole cause. Bracton, fol. 211; St. 
 Wales, 12 Edw. I.; 3 BL Comm. 407. 
 
 QUI CONCEDIT ALIQUID, CONCEDERE 
 videtur et Id sine quo concessio est irrita, 
 sine quo res ipsa esse non potult. He who 
 grants anything is considered as granting 
 that without which his grant would be idle, 
 without which the thing itself could not 
 exist. 11 Coke, 52; Jenk. Cent. Cas. 32. 
 
 QUI CONFIRMAT NIHIL DAT. He who 
 confirms does not give. 2 Bouv. Inst, note 
 2069. 
 
 QUI CONTEMNIT PRAECEPTUM CON- 
 temnit praecipientem. He who contemns the 
 
 precept contemns the party giving it. 12 
 Coke, 96. 
 
 QUI CUM ALIO CONTRAHIT, VEL EST, 
 vel debet esse non ignarus conditionis ejus. 
 He who contracts knows, or ought to know, 
 the quality of the person with whom he con- 
 tracts, otherwise he is not excusable. Dig. 
 50. 17. 19; 2 Hagg. Consist; Story, Confl. 
 Laws, § 76. 
 
 QUI DAT FINEM DAT MEDIA AD FINEM 
 necessaria. He who gives an end gives the 
 means to that end. 3 Mass. 129. 
 
 QUI DESTRUIT MEDIUM DESTRUIT Fl- 
 nem. He who destroys the means destroys 
 the end. 11 Coke, 61; Shep. Touch. 342; Co. 
 Litt. 161a. 
 
 QUI DOIT INHERITER AL PERE DOIT 
 inheriter al filz. He who ought to inherit 
 from the father ought to inherit from the 
 son. 2 Bl. Comm. 250, 273; Broom, Leg. 
 Max. (3d London Ed.) 459. 
 
 QUI EVERTIT CAUSAM EVERTIT CAU- 
 sa'tum futurum. He who overthrows the 
 cause overthrows its future effects. 10 
 Coke, 51. 
 
 QUI EX DAMNATO COITU NASCUNTUR 
 Inter liberos non computentur. They who 
 are born of an illicit union should not be 
 counted among children. Co. Litt. 8. See 
 1 Bouv. Inst, note 289; Bracton, 5; Broom, 
 Leg. Max. (3d London Ed.) 460. 
 
 QUI FACIT ID QUOD PLUS EST FACIT 
 id quod minus est, sed non convertitur. He 
 who does that which is more does that which 
 is less, but not vice versa. Bracton, 207b. 
 
 QUI FACIT PER ALIUM FACIT PER SE. 
 
 He who acts by or through another acts 
 himself; i. e., the acts of an agent are the 
 acts of the principal. 1 Bl. Comm. 429; 
 Story, Ag. §440; 2 Bouv. Inst, notes 1273, 
 1335, 1336; 7 Man. & G. 32, 33; 16 Mees. & 
 W. 26; 8 Scott, N. R. 590; 6 Clark & F. 
 600; 10 Mass. 155. 
 
 QUI HABET JURISDICTIONEM ABSOL- 
 vend! habet jurisdictionem ligandi. He who 
 has jurisdiction to loosen has jurisdiction to 
 bind. 12 Coke, 59. 
 
 QUI HAERET IN LITERA HAERET IN 
 
 cortice. He who adheres to the letter ad- 
 heres to the bark. Co. Litt. 289; 5 Coke, 
 4b; 11 Coke, 34b; 12 East, 372. 
 
 QUI IGNORAT QUANTUM SOLVERE DE- 
 beat non potest improbus videre. He who 
 does not know what he ought to pay does 
 not want probity in not paying. Dig. 50. 17. 
 99. 
 
 QUI IN JUS DOMINIUMVE ALTERIUS 
 succedit Jure ejus utI debet. He who suc- 
 ceeds to the right or property of another 
 ought to use his right, i. e., holds it subject 
 to the same rights and liabilities as attached 
 
QUI IN UTERO EST PRO JAM 
 
 840 
 
 QUI RATIONEM IN OMNIBUS 
 
 to it in the hands of the assig^nor. Dig. 50. 
 17. 177; Broom, Leg. Max. (3d London Ed.) 
 420, 425. 
 
 QUI IN UTERO EST PRO JAM NATO 
 habetur quoties de ejus commodo quaeritur. 
 
 He who is in the womb is considered as 
 born whenever his benefit is concerned. 
 
 QUI JURE SUO UTITUR NEMIN1 FACIT 
 injuriam. He who uses his legal rights 
 harms no one. 
 
 QUI JUSSU JUDICIS ALIQUOD FECERIT 
 non videtur dole malo fecisse, quia parere 
 necesse est. He who does anything by com- 
 mand of a judge will not be supposed to 
 have acted from' an improper motive, be- 
 cause it was necessary to obey. 10 Coke, 
 76; Dig. 50. 17. 167. 1. 
 
 QUI MALE AGIT ODIT LUCEM. He who 
 
 acts badly hates the light. 7 Coke, 66. 
 
 QUI MANDAT IPSE FECISSE VIDETUR. 
 
 He who commands a thing to be done is 
 held to have done it himself. Story, Bailm. 
 § 147. 
 
 QUI MELIUS PROBAT MELIUS HABET. 
 He who proves most recovers most. 9 Viner, 
 Abr. 235. 
 
 QUI MOLITUR INSIDIAS IN PATRIAM 
 Id facit quod Insanus nauta perforans navem 
 In qua vehitur. He who betrays his country 
 is like the insane sailor who bores a hole 
 in the ship which carries him. 3 Inst. 36. 
 
 QUI NASCITUR SINE LEGITIMO MATRI- 
 monio matrem sequitur. He who is born out 
 of lawful matrimony follows the condition 
 of the mother. 
 
 QUI NON CADUNT IN CONSTANTEM 
 virum van! timores sunt aestlmandi. Those 
 are to be esteemed vain fears which do not 
 affect a man of a firm mind. 7 Coke, 27. 
 
 QUI NON HABET, ILLE NON DAT. Who 
 
 has not, he gives not. Shep. Touch. 248; 4 
 Wend. (N. Y.) 619. 
 
 QUI NON HABET IN AERE LUAT IN 
 
 corpore, ne quis peccetur impune. He who 
 cannot pay with his purse must suffer in his 
 person, lest he who offends should go un- 
 punished. 2 Inst. 173; 4 Bl. Comm. 20. 
 
 QUI NON HABET POTESTATEM ALIE- 
 nandi habet necessitatem retinendl. He who 
 has not the power of alienating is obliged 
 to retain. Hob. 336. 
 
 QUI NON IMPROBAT APPROBAT. He 
 
 who does not disapprove approves. 3 Inst. 
 27. 
 
 QUI NON LIBERE VERITATEM PRO- 
 nunclat prodltor est veritatis. He who does 
 not freely speak the truth is a betrayer of 
 the truth. 
 
 QUI NON NEGAT FATETUR He who 
 
 does not deny admits. A well-known rule 
 of pleading. Tray. Lat. Max. 503. 
 
 QUI NON OBSTAT QUOD OBSTARE Po- 
 test facere videtur. He who does not, pre- 
 vent what he can seems to commit the thing. 
 2 Inst. 146. 
 
 QUI NON PROHIBET CUM PROHIBERE 
 possit Jubet. He who does not forbid when 
 he can forbid commands. 1 Bl. Comm. 430. 
 
 QUI NON PROHIBET QUOD PROHI- 
 bere potest assentire videtur. He who does 
 not forbid what he can forbid seems to as- 
 sent. 2 Inst. 308; 8 Exch. 304. , 
 
 QUI NON PROPULSAT INJURIAM 
 quando potest, infert. He who does not 
 repel a wrong when he can, occasions it. 
 Jenk. Cent. Cas. 271. 
 
 QUI OBSTRUIT ADITUM DESTRUIT 
 commodum. He who obstructs an entrance 
 destroys a conveniency. Co. Litt. 161. 
 
 QUI OMNE DIGIT, NIHIL EXCLUDIT. 
 
 He who says all excludes nothing. 4 Inst. 
 81. 
 
 QUI PARCIT NOCENTIBUS INNOCENTI- 
 bus punit. He who spares the guilty pun- 
 ishes the innocent. Jenk. Cent. Cas. 126. 
 
 QUI PECCAT EBRIUS LUAT SOBRIUS. 
 
 He who offends drunk must be punished 
 when sober. Cary, 13£. 
 
 QUI PER ALIUM FACIT PER SEIPSUM 
 facere videtur. He who does anything 
 through another is considered as doing it 
 himself. Co. Litt. 258. 
 
 QUI PER FRAUDEM AGIT, FRUSTRA 
 agit. He who acts fraudulently acts In vain. 
 2 Rolle, 17. 
 
 QUI POTEST ET DEBET VETARE, JU- 
 bet. He who can and ought to forbid, and 
 does not, commands. 
 
 QUI PRIMUM PECCAT ILLE FACIT 
 rixam. He who first offends causes the 
 strife. 
 
 QUI PRIOR EST TEMPORE POTIOR 
 
 est jure. He who is first or before in time is 
 stronger in right. Co. Litt. 14a; 1 Story, 
 Eq. Jur. § 64d; Story, Bailm. § 312; 1 Bouv; 
 Inst, note 952; 4 Bouv. Inst. 3728; 1 Smith, 
 Lead. Cas. (4th Hare & W. Ed.) 440; 3 
 East, 93; 24 Miss. 208. 
 
 QUI PRO ME ALIQUID FACIT, MIHl FE- 
 cisse videtur. He who does any benefit (to 
 another) for me is considered as doing it 
 to me. 2 Inst. 501. 
 
 QUI PROVIDETSIBI PROVIDET HAERE- 
 
 dibus. He who provides for himself provides 
 for his heirs. 
 
 QUI RATIONEM IN OMNIBUS QUAE- 
 runt rationem subvertunt. He who seeks a 
 
Qui SCIENS SOLVIT 
 
 841 
 
 QUIA TIMET 
 
 reason tor everything subverts reason. 2 
 Coke, 75; Broom, Leg. Max. (3d London 
 Ed.) 149. 
 
 QUI SCIENS SOLVIT INDEBITUM DO- 
 nandl consilio Id videtur fecisse. One who 
 
 knowingly pays what is not due is supposed 
 to have done it with the intention of mak- 
 ing a gift. 17 Mass. 388. 
 
 QUI SEMEL ACTIONEM RENUNCIA- 
 verit, ampllus repetere non potest. He who 
 renounces his action once cannot any more 
 bring it. 8 Coke, 59. See "Retraxit." 
 
 QUI SEMEL MALUS SEMPER PRAE- 
 sumitur esse malus in eodem genere. He 
 who is once bad is presumed to be always 
 so in the same degree. Cro. Car. 317; Best, 
 Ev. 345. 
 
 QUI SENTITCOMMODUM SENTIRE DE- 
 bet et onus. He who derives a benefit from 
 a thing ought to bear the disadvantages at- 
 tending it. 2 Bouv. Inst, note 1433; 2 
 Woodb. & M. (U. S.) 217; 1 Story, Const. 
 78; Broom, Leg. Max. (3d London Ed.) 
 630. 
 
 QUI SENTIT ONUS SENTIRE DEBET 
 et commodum. He who bears the burden ol 
 a thing ought also to experience the ad- 
 vantage arising from it. 1 Coke, 99a; 
 Broom, Leg. Max. (3d London Ed.) 638; 1 
 Serg. & R. (Pa.) 180; Coote, Mortg. (3d 
 Ed.) 517d; Francis, Max. 5, 
 
 QUI TACET CONSENTIRE VIDETUR. 
 
 He who is silent appears to consent. Jenk. 
 Cent. Cas. 32. 
 
 QUI TACET CONSENTIRE VIDETUR 
 ubi tractatur de ejus commodo. He who is 
 silent is considered as assenting, when his 
 advantage is debated. 9 Mod. 38. 
 
 QUI TACET NON UTIQUE FATETUR, 
 sed tamen verum est eum non negare. He 
 
 who is silent does not indeed confess, but 
 yet it is true that he does not deny. Dig. 
 50. 17. 142. 
 
 QUI TAM (Lat. who as well). An action 
 under a statute which imposes a penalty 
 for the doing or not doing an act, and gives 
 that penalty in part to whosoever will sue 
 for the same, and the other part to the 
 commonwealth, or some charitable, literary, 
 or other institution, and makes it recover- 
 able by action. The plaintiff describes him- 
 self as suing as well for the commonwealth, 
 for example, as for himself. Bsp. Pen. 
 Actions. 5, 6; 1 Viner, Abr. 197; 1 Salk. 29, 
 note; Bac. Abr. 
 
 QUI TARDIUS SOLVIT MINUS SOLVIT. 
 He who pays tardily pays less than he 
 ought. Jenk. Cent. Cas. 38. 
 
 QUI TIMENT CAVENT ET VITANT. 
 They who fear take care and avoid. Off. 
 Ex. 162; Branch, Princ. 
 
 QUI TOTUM DIGIT NIHIL EXCIPIT. He 
 who says all excepts nothing. 
 
 QUI VULT DECIPI, DECIPIATUR. Let 
 
 him who wishes to be deceived be deceived. 
 De Gex, M. & G. 687, 710; Shep. Touch. 56. 
 
 QUIA (Lat.) In pleading. Because. This 
 word is considered a term of affirmation. It 
 is sufficiently direct and positive for intro- 
 ducing a material averment. 1 Saund. 117, 
 note 4; Comyn, Dig. "Pleader" (C 77), 
 
 QUIA DATUM EST NOBIS INTELLIGI. 
 Because it is given to . us to understand. 
 Formal words in old writs. Rat. Pari. 4 
 Hen. IV. 
 
 QUIA DOMINUS REMISIT CURIAM 
 (Law Lat.) In old practice. Because the 
 lord hath remised or remitted his court. A 
 clause inserted at the conclusion of a writ 
 of right, where it was brought, in the first 
 instance, in the king's court; the lord in 
 whose court baron it regularly ought to be 
 iirst brought having waived or remitted his 
 right. 3 Bl. Comm. 195; Id. Append. No. i. 
 §4. 
 
 QUIA EMPTORES (Lat. because the pur- 
 chasers). The title of St. Westminster III. 
 (18 Edw. I. c. 1), which provided that from 
 thenceforth it should be lawful for every 
 freeman or freeholder to sell his lands or 
 tenements or part thereof at his pleasure, 
 so that, however, the feoffee should hold 
 such lands or tenements of the chief lord of 
 the same fee, by the same services and cus- 
 toms by which his feoffor before held them. 
 So called from its initial words : Quia emp- 
 tores terrarum et tenementorum de feodis 
 magnatum, etc. 2 Bl. Comm. 91; Barr. Obs. 
 St. 167. See the New York case, 2 Seld. 
 467. 
 
 QUIA ERRONICE EMANAVIT. Because 
 it issued erroneously, or through mistake. 
 A term in old English practice. Yelv. 83 
 
 QUIA TIMET (Lat. because he fears). A 
 term applied to preventive or anticipatory 
 remedies. According to Lord Coke, "there 
 be six writs of law that may be maintained 
 quia timet, before any molestation, distress, 
 or impleading; as, first, a man may have 
 his writ or mesne before he be distrained ; 
 second, a warrantia cha/rtae, before he be 
 impleaded; third, a monstraverunt, before 
 any distress or vexation; fourth, an audita 
 querela, before any execution sued; fifth, a 
 curia claudenda, before any default of in- 
 closure; sixth, a we injuste vexes, before any 
 distress or molestation. And these are called 
 brevia antidpantia, writs of prevention." 
 Co. Litt. 100. And see 7 Brown, Pari. Cas. 
 125. 
 
 These writs are generally obsolete. In 
 chancery, when it is contemplated to pre- 
 vent an expected injury, a bill quia timet is 
 filed. See "Bill Quia Timet." 
 
QUICK DISPATCH 
 
 842 
 
 QUIET ENJOYMENT 
 
 QUICK DISPATCH. A term used In char- 
 ter parties to express the promptness with 
 which the cargo will be delivered to the ves- 
 sel for loading. It signifies delivery as rap- 
 idly as the vessel can receive it. 2 Fed. 607. 
 
 It is a stronger term than "customary 
 quick dispatch," and supersedes the custom 
 of the port. 2 Low. (U. S.) 361. 
 
 QUICK WITH CHILD. The state of a 
 woman pregnant with a quick child, i. e., a 
 foetus which has quickened. 9 Mete. 
 (Mass.) 263. A woman's condition from 
 the time of conception and the commence- 
 ment of gestation. 49 N. Y. 89. In an Eng- 
 lish case, "quick with child" was distin- 
 guished from "with quick child," the former 
 phrase being said to signify merely "having 
 conceived" (8 Car. & P. 262), but this dis- 
 tinction is not recognized (22 N. J. Law, 
 57). 
 
 QUICQUID ACQUIRITUR SERVO, AC- 
 quirltur domino. Whatever ,1s acquired by 
 the servant is acquired for the master. 15 
 Viner, Abr. 327. 
 
 QUICQUID DEMONSTRATAE REI ADDI- 
 tur satis demonstratae frustra est. What- 
 ever is added to the description of a thing 
 already sufficiently described is of no effect. 
 Dig. 33. 4. 1. 8; Broom, Leg. Max. (3d Lon- 
 don Ed.) 562. 
 
 QUICQUID EST CONTRA NORIVIAIVI REC- 
 ti est injuria. Whatever is against the rule 
 of right is a wrong. 3 Bulst. 313. 
 
 QUICQUID IN EXCESSU ACTUM EST, 
 lege prohibitur. Whatever is done in excess 
 is prohibited by law. 2 Inst. 107. 
 
 QUICQUID JUDICIS AUCTORITATI SUB- 
 Jicitur novitati non subjicitur. Whatever is 
 subject to the authority of a judge is not 
 subject to innovation. 4 Inst. 66. 
 
 QUICQUID PLANTATUR SOLO, SOLO 
 cedit. Whatever is affixed to the soil be- 
 longs to it. Wentw. Off. Ex'r, 145; Ambl. 
 113; 3 East, 51. See "Fixtures," 
 
 QUICQUID RECIPITUR, RECIPITUR SE- 
 cundum modum recipientis. Whatever is re- 
 ceived is received according to the intention 
 of the recipient. Broom, Leg. Max. (3d Lon- 
 don Ed.) 727; Halk. Max. 149; Law Mag. 
 1855, p. 21; 2 Bing. (N. C.) 461; 2 Barn. & 
 C. 72; 14 Sim. 522; 2 Clark & F. 681; 2 
 Cromp. & J. 678; 14 East, 239, 243c. 
 
 QUICQUID SOLVITUR, SOLVITUR SE- 
 cundum modum solventis. Whatever is paid 
 is to be applied according to the intention 
 of the payor. 2 Vern. 606. See "Appropria- 
 tion." 
 
 QUICQUID SOLVITUR, SOLVITUR SE- 
 cundum modum solventis; quicquld recipi- 
 tur, reclpitur secundum modum recipientis. 
 Whatever money is paid is paid according 
 to the direction of the payor; whatever 
 money is received is received according to 
 
 that of the recipient. 2 Vern. 606; Broom, 
 Leg. Max. 810. 
 
 QUICUNQUE HABET JURISDICTIONEM 
 ordinarlam est illlus loci ordlnarius. Who- 
 ever has an ordinary jurisdiction is ordi- 
 nary of that place. Co. Litt. 344. 
 
 QUICUNQUE JUSSU JUDICIS ALIQUID 
 fecerit non videtur dole malo feclsse, quia 
 parere necesse est. Whoever does anything 
 by the command of a judge is not reckoned 
 to have done it with an evil intent, because 
 it is necessary to obey. 10 Coke, 71. 
 
 QUID JURIS CLAIVIAT (Law Lat. what 
 right he claims). In old English practice. 
 A writ which lay for the grantee of a rever- 
 sion or remainder, where the particular ten- 
 ant would not attorn, for the purpose of 
 compelling him. Termes de la Ley; Cowell. 
 
 QUID PRO QUO (Lat.) What for what; 
 something for something. An equivalent, 
 or consideration; that which is given in ex- 
 change for another thing; that which is 
 done in consideration of another thing. 
 Cowell; 2 P. Wms. 219. 
 
 QUID SIT JUS, ET IN QUO CONSISTIT 
 injuria, legis est definire. What constitutes 
 right, and what injury, it is the business 
 of the law to declare. Co. Litt. 158b. 
 
 QUIDAIVI (Lat. some one; somebody). In 
 French law. A term used to express an un- 
 known person, or one who cannot be named. 
 
 A quidam is usually described by the fea- 
 tures of his face, the color of his hair, his 
 height, his clothing, and the like, in any 
 process which may be issued against him. 
 Merlin, Repert. 
 
 QUIDQUID ENIIVI SINE DOLO ET CULPA 
 venditoris accidit in eo venditor securus est. 
 For concerning anything which occurs with- 
 out deceit and wrong on the part of the ven- 
 dor, the vendor is secure. 4 Pick. (Mass.) 
 198. 
 
 QUIET ENJOYMENT. The name of a 
 covenant in a lease, by which the lessor 
 agrees that the lessee shall peaceably enjoy 
 the premises leased. This covenant goes to 
 the possession, and not to the title. 3 Johns. 
 (N. Y.) 471; 5 Johns. (N. Y.) 120; 2 Dev. 
 (N. C.) 388; 3 Dev. (N. C.) 200. A covenant 
 for quiet enjoyment does not extend as far 
 as a covenant of warranty. 1 Aik. (Vt.) 
 233. 
 
 The covenant for quiet enjoyment is 
 broken only by an entry, or unlawful expul- 
 sion from, or some actual disturbance in, 
 the possession. 3 Johns. (N. Y.) 471; 8 
 Johns. (N. Y.) 483; 7 Wend. (N. Y. 281; 2 
 Hill (N. Y.) 105; 9 Mete. (Mass.) 63; 4 
 Whart. (Pa.) 86; 4 Cow. (N. Y.) 340. But 
 the tortious entry of the covenantor, with- 
 out title, is a breach of the covenant for 
 quiet enjoyment. 7 Johns. (N. Y.) 376. 
 
QUIETA NON MOVERS 
 
 843 
 
 QUO MINUS 
 
 QUIETA NON MOV ERE. Not to unsettle 
 things which are established. 28 Barb. (N. 
 Y.) 9, 22, 
 
 QUIETARE (Law Lat.) To quit, acquit, 
 discharge, or save harmless. A formal word 
 in old deeds of donation and other convey- 
 ances. Cowell. 
 
 QUIETE CLAMARE, or QUIETUM CLA- 
 mare. To quitclaim or renounce all preten- 
 tensions of right and title. Cowell; Fleta. 
 
 QUIETUS (Lat. freed or acquitted). 
 
 -; — In English Law. A discharge; an ac- 
 quittance. 
 
 An instrument by the clerk of the pipe 
 and auditors in the exchequer, as proof of 
 their acquittance or discharge as account- 
 ants. Cowell. 
 
 Discharge of a judge or attorney general. 
 3 Mod. 99. 
 
 In American Law. The discharge of 
 
 an executor by the probate court. 4 Mason 
 (U. S.) 131. 
 
 QUIETUS REDDITUS. In old English 
 law. Quit rent (g. v.) Spelman. 
 
 QUILIBET POTEST RENUNCIARE JURI 
 pro se inducto. Any one may renounce a 
 law introduced for his own benefit. To this 
 rule there are some exceptions. See 1 Bouv. 
 Inst, note 83; 3 Curt. C. C. (U. S.) 393; 
 1 Exch. 657. 
 
 QUINQUE PORTUS. The Cinque Ports 
 (g. v.). 
 
 QUINQUEPARTITE. In five parts. 
 
 QUINSIEME, or QUINZIME (Law Fr. and 
 Eng.) In old English law. A fifteenth; a 
 tax so called. Cowell. See "Fifteenths." 
 
 QUINTO EXACTUS (Lat.) In old Btiglish 
 law. The fifth call or last requisition of a 
 defendant sued to outlawry. 
 
 QUIRE OF DOVER. In English law. A 
 record in the exchequer, showing the ten- 
 ures for guarding and repairing Dover Cas- 
 tle, and determining the services of the 
 Cinque Ports. 3 How. St. Tr. 868. 
 
 QUIRITARIAN OWNERSHIP. In Roman 
 law. Ownership in the strict forms of law; 
 legal title, as distinguished from the equi- 
 table title known as "Bonitarian ownership." 
 
 QUISQUIS EST QUI VELIT JURIS CON- 
 sultus haberi, continuet studlum, velit a 
 quocunque doceri. Whoever wishes to be 
 held a jurisconsult, let him continually 
 study, and desire to be taught by every- 
 body. 
 
 QUISQUIS PRAESUMITUR BONUS; ET 
 semper in dubiis pro reo respondendum. 
 Every one is presumed good; and in doubt- 
 ful cases the resolution should be ever for 
 the accused. 
 
 QUIT RENT. A rent paid by the tenant 
 of the freehold, by which he goes quit and 
 free, — ^that is, discharged from any other 
 rent. 2 Bl. Comm. 42. 
 
 In England, quit rents were rents reserved 
 to the king or a proprietor, on an absolute 
 grant of waste land, for which a price in 
 gross was at first paid, and a mere nominal 
 rent reserved as a feudal acknowledgment 
 of tenure. Inasmuch as no rent 'of this de- 
 scription can exist in the United States, 
 when a quit rent is spoken of, some other 
 interest must be intended. 5 Call (Va.) 364. 
 A perpetual rent reserved on a conveyance 
 in fee simple is sometimes known by the 
 name of "quit rent" in Massachusetts. See 
 "Ground Rent;" "Rent." 
 
 QUITCLAIM. In conveyancing. A form of 
 deed of the nature of a release, containing 
 words of grant as well as release. 2 Washb. 
 Real Prop. 606. 
 
 The term is in constant and general use 
 in American law to denote a deed substan- 
 tially the same as a release in English law. 
 It presupposes a previous or precedent con- 
 veyance, or a subsisting estate and posses- 
 sion. Thornton, Conv. 44. It is a conveyance 
 at common law, but differs from a release 
 in that it is regarded as an original con- 
 veyance in American law, at least in some 
 states. 6 Pick, (Mass.) 499; 14 Pick. 
 (Mass.) 374; 3 Conn. 398; 9 Ohio, 96; 5 111. 
 117; Rev. St. Me. c. 73, § 14; Code Miss. 
 1857, p. 309, art. 17. The operative words 
 are "remise, release, and forever quitclaim." 
 Thornton, Conv. 44. Covenants of warranty 
 against incumbrances by the grantor are 
 usually added. 
 
 QUITE CLAMAUNCE (Law Fr.) Quit- 
 claim. Britt. c. 85. 
 
 QUITTANCE. A discharge or release; ab- 
 breviated from "acquittance." 
 
 QUO ANIMO (Lat. with what intention). 
 The intent; the mind with which a thing 
 has been done; 17 111. 501; as, the quo animo 
 with which the words were spoken may be 
 shown by the proof of conversations of the 
 defendant relating to the original defama- 
 tion. 19 Wend. (N. Y.) 296. 
 
 QUO JURE, WRIT OF. In English law. 
 The name of a writ commanding the de- 
 fendant to show by what right he demands 
 common of pasture in the land of the com- 
 plainant who claims to have a fee in the 
 same. Fitzh. Nat. Brev. 299. 
 
 QUO LIGATUR, EO DISSOLVITUR. By 
 
 the same mode by which a thing is bound, by 
 that is it released. 2 RoUe, 21. 
 
 QUO MINUS (Lat.) The name of a writ. 
 In England, when the king's debtor is sued 
 in the court of the exchequer, he may have 
 a writ quo minus by which he avers the 
 wrong done byhim by defendant, quo rmnue 
 suffldens existit (by which he is less able) 
 to pay the king's debt. This was originally 
 
QUO MODO QUID 
 
 844 
 
 QUOD COMPUTET 
 
 necessary to give jurisdiction to the court 
 of exchequer. 
 
 QUO MODO QUID CONSTITUITUR EO- 
 dem modo dissolvitur. In the same manner 
 by which anything is constituted, by that it 
 is dissolved. Jenk. Cent. Cas. 74. 
 
 QUO WARRANTO (Lat. by what author- 
 ity). 
 
 In Old Practice. The name of a writ 
 
 (and also of the whole pleading) by which 
 the government commences an action to re- 
 cover an office or franchise from the person 
 or corporation in possession of it. 
 
 The writ commands the sheriff to summon 
 the defendant to appear before the court to 
 which it is returnable, to show {qua war- 
 ranto) by what authority he claims the office 
 or franchise. It was a writ of right, a Civil 
 remedy to try the mere right to the fran- 
 chise or office, where the person in posses- 
 sion never had a right to it, or has forfeited 
 it by neglect or abuse. 33 Miss. 523; 3 Bl. 
 Comm. 262, 263. 
 
 The action of quo warranto was pre- 
 scribed by the statute of Gloucester (6 Edw. 
 I), and is a limitation upon the royal pre- 
 rogative. Before this statute, the king, by 
 virtue of his prerogative,, sent commissions 
 over the kingdom to inquire' into the right 
 to all franchises, quo jure quove nomine 
 UK retinent, etc.; and, as they were grants 
 from the crown, if those in possession of 
 them could not show a charter, the fran- 
 chises were seized into the king's hands 
 without any judicial proceeding. Like all 
 other original civil writs, the writ of quxi 
 warranto- issued out of chancery, and was 
 returnable alternatively before the king's 
 bench or justices in eyre. 2 Inst. 277-283, 
 494-499; 2 Term R. 549. See 4 Term R. 
 381; 2 Strange, 819, 1196. 
 
 In Modern Practice. The writ of quo 
 
 warranto has given place to an information 
 in the nature of qu^ warranto. 3 Bl. Comm. 
 263; 1 Serg. & R. (Pa.) 382; 58 N. H. 113. 
 Such informations ordinarily issue in the 
 name of the attorney general, either ex of- 
 ficio, or on the relation of some private per- 
 son. 
 
 The remedy by quo warranto is the proper 
 one to try title to public (1 Ark. 279; 33 
 Miss. 509) or corporate office (20 Fla. 784; 
 61 Pa. 339) , or to revoke a charter or fran- 
 chise (8 Vt. 489; 45 Wis. 579). 
 
 The judgment on an information in the 
 nature of quo warranto is not punitive, but 
 extends only to ouster from the office or 
 franchise usurped. 3 Bl, Comm. 263; 4 
 Wis. 567. 
 
 QUOAD HOC (Lat. as to this; with re- 
 spect to this). A term frequently used to 
 signify, as to the thing named, the law is 
 so and so. 
 
 QUOCUMQUE MODO VELIT, QUOCUM- 
 que mode possit. In any way he wishes, in 
 any way he can. 14 Johns, (N, Y.) 484, 492. 
 
 QUOD A QUOQUE POENAE NOMINE 
 exactum est id codem restltuere nemo cogi- 
 tur. That which has been exacted as a pen- 
 alty no one is obliged to restore. Dig. 50. 
 17. 46. 
 
 QUOD AB INITIO NON VALET, IN TRAC- 
 tu temporis non convalescet, Wliat is not 
 good in the beginning cannot be rendered 
 good by time. Merlin, Report, verb. Regie 
 de Droit. This, though true in general, is' 
 not universally so. 4 Coke, 26 ; Broom, Leg. 
 Max. (3d London Ed.) 166, 172, note. 
 
 QUOD AD JUS NATURALE ATTINET, 
 omnes homines aequales sunt. All men are 
 equal as far as the natural law is concerned. 
 Dig. 50, 17. 32. 
 
 QUOD AEDIFICATUR IN AREA LEGATA 
 cedit legato. Whatever is built upon land 
 given by will passes with the gift of the 
 land. Amos & P. Fixt. (2d Ed.) 246; Broom, 
 Leg. Max. (3d London Ed.) 377. 
 
 QUOD ALIAS BONUM ET JUSTUM EST, 
 si per vim vel fraudem petatur, malum et 
 injustum efficitur. What is otherwise good 
 and just, if sought by force or fraud, be- 
 comes bad and unjust. 3 Coke, 78, 
 
 QUOD ALIAS NON FUIT LICiTUM NE- 
 cessitas licitum facit. Necessity makes that 
 lawful which otherwise were unlawful. 
 Fleta, lib. 5, c. 23, § 14. 
 
 QUOD APPROBO NON REPROBO. What 
 I accept I do not reject. Broom, Leg. Max. 
 (3d London Ed.) 636. 
 
 QUOD ATTINET AD JUS CIVILE, SERVI 
 pro nuiiis habentur, non tamen et jure na- 
 turaii, quia, quod ad jus naturale attinet, 
 omnes homines aequall sunt. So far as the 
 civil law is concerned, slaves are not reck- 
 oned as persons, but not so by natural law, 
 for, so far as regards natural law, all men 
 are equal. Dig. 50. 17. 32. 
 
 QUOD BILLA CASSETUR. That the bill 
 be quashed. The common-law form of a 
 judgment sustaining a plea in abatement, 
 where the proceeding is by bill, i. e., by a 
 capias instead of by original writ. 
 
 QUOD CLERICI BENEFICIATI DE CAN- 
 cellaria. A writ to exempt a clerk of the 
 chancery from the contribution towards the 
 proctors of the clergy in parliament, etc. 
 Reg. Orig. 261. 
 
 QUOD CLERICI NON ELIGANTUR IN 
 officio ballivl, etc. A writ which lay for a 
 clerk who, by reason of some land he had, 
 was made, or was about to be made, bailiff, 
 beadle, reeve, or some such officer, to obtain 
 exemption from serving the office. Reg. 
 Orig. 187. 
 
 QUOD COMPUTET (Lat. that he account). 
 The name of an interlocutory judgment in 
 ^n action of account render. Also the name 
 of a d^ree iij the case of creditoirs' bjlls. 
 
QUOD CONSTAT CLARE 
 
 845 
 
 QUOD INCONSULTO FECIMUS 
 
 against executors or administrators. Such a 
 decree directs the master to take the ac- 
 counts between the deceased and all his cred- 
 itors, to cause the creditors, upon due and 
 public notice, to come before him to prove 
 their debts, at a certain place and within 
 a limited period, and also directs the master 
 to take an account of all personal estate of 
 the deceased in the hands of the executor 
 or administrator. Story, Eq. Jur. § 548. 
 See "Judgment." 
 
 QUOD CONSTAT CLARE, NON DEBET 
 verificari. What is clearly apparent need 
 not be proved. 10 Mod. 150. 
 
 QUOD CONSTAT CURIAE OPERE TES- 
 tium non indiget. What appears to the court 
 needs not the help of witnesses. 2 Inst. 662. 
 
 QUOD CONTRA JURIS RATIONEM RE- 
 ceptum est, non est producendum ad conse- 
 quentias. What has been admitted against 
 the reason of the law ought not to be drawn 
 into precedents. Dig. 50. 17. 141; 12 Coke, 
 75. 
 
 QUOD CONTRA LEGEM FIT, PRO IN- 
 fecto habetur. What is done contrary to the 
 law is considered as not done. 4 Coke, 31. 
 No one can derive any advantage from such 
 an act. 
 
 QUOD CUM (Lat.) In pleading. For that 
 whereas. A form of introducing matter of 
 inducement in those actions in which intro- 
 ductory matter is allowed to explain the 
 nature of the claim; as, assumpsit and case. 
 Hardr. 1; 2 Show, 180. 
 
 This form is not allowable to introduce 
 the matter which constitutes the gravamen 
 of the charge, as such matter must be stated 
 by positive averment, while quod cum in- 
 troduces the matter which depends upon it 
 by way of recital merely. Hence, in those 
 actions, as trespass vi et armis, in which 
 the complaint is stated without matter of 
 inducement, qux)d cum cannot be properly 
 used. 2 Bulst. 214. But its improper use 
 is cured by verdict. 1 Browne (Pa.) 68; 
 Comyn, Dig. "Pleader" (C 86). 
 
 QUOD CURIA CONCESSIT. L. Lat. 
 Which the court granted. A phrase in the 
 old reports. Yearb. M. 4 Hen. VI. 19. Id. 
 M. 9 Hen. VI. 40. 6 Mod. 28. 
 
 QUOD DATUM EST ECCLESIAE, DA- 
 tum est Deo. What Is given to the church is 
 given to God. 2 Inst. 590. 
 
 QUOD DEMONSTRANDI CAUSA ADDI- 
 tur re! satis demonstratae, frustra fit. What 
 is added to a thing sufficiently palpable, for 
 the purpose of demonstration, is vain. 10 
 Coke, 113. 
 
 QUOD DUBITAS, NE FECERIS. When 
 you doubt about a thing, do not do it. 1 
 Hale, P. C. 310. 
 
 QUOD El DEFORCEAT (Lat.) In English 
 law. The name of a writ given by St. West- 
 
 minster II. (13 Edw. I. c 4), to the owners 
 of a particular estate, as for life, in dower, 
 by the curtesy, or in fee tail, who are barred 
 of the right of possession by a recovery 
 had against them through their default or 
 nonappearance in a possessory action, by 
 which the right was restored to him who 
 had been thus unwarily deforced by his own 
 default. 3 Bl. Comm. 193. 
 
 QUOD ENIM SEMEL AUT BIS EXISTIT 
 praetereunt legislatores. That which never 
 happens but once or twice, legislators pass 
 by. Dig. 1. 3. 17. 
 
 QUOD EST EX NECESSITATE NUN- 
 quam Introducitur, nisi quando necessarium. 
 What is introduced of necessity is never in- 
 troduced except when necessary. 2 Rolle, 
 512. 
 
 QUOD EST INCONVENIENS, AUT CON- 
 tra rationem non permissum est in lege. 
 What is inconvenient or contrary to reason 
 is not allowed in law. Co. Litt. 178. 
 
 QUOD EST NECESSARIUM EST LICI- 
 tum. What is necessary is lawful. Jenk. 
 Cent. Cas. 76. 
 
 QUOD FACTUM EST, CUM IN OBSCURO 
 81*1, ex affectione cujusque capit interpreta- 
 tionem. When there is doubt about an act 
 or expression, it receives interpretation from 
 the (known) feelings or affections of the 
 actor or writer. Dig. 50. 17. 168. 1. 
 
 QUOD FIERI DEBET FACILE PRAE- 
 sumitur. That is easily presumed which 
 ought to be done. Halk. Max. 153. 
 
 QUOD FIERI NON DEBET, FACTUM VA- 
 let. What ought not to be done, when done, 
 is valid. 5 Coke, 38; 12 Mod. 438; 6 Mees. 
 & W. 58; 9 Mees. & W. 636. 
 
 QUOD FUIT CONCESSUM. Which was 
 granted. 
 
 QUOD IN JURE SCRIPTO "JUS" APPEL- 
 latur, id in lege Angiiae "rectum" esse dici- 
 tur. What in the civil law is called "jus," in 
 the law of England is said to be "rectum" 
 (right). Co. Litt. 260; Fleta, lib. 6, c. 1, 
 §1. 
 
 QUOD IN MINORI VALET, VALEBIT IN 
 major!; et quod In majori non valet, nee 
 valebit in minori. What avails in the less 
 will avail in the greater; and what will not 
 avail in the greater will not avail in the 
 less. Co. Litt. 260. 
 
 QUOD IN UNO SIMILIUM VALET, VA- 
 lebit in altera. What avails in one of two 
 similar things will avail in the other. Co. 
 Litt. 191. 
 
 QUOD INCONSULTO FECIMUS, CON- 
 sultius devocemus. What is done without 
 consideration or reflection, upon better con- 
 sideration we should revoke or undo. Jenk. 
 Cent. Cas. 116. 
 
QUOD INITIO VITIOSUM EST 
 
 846 
 
 QUOD PER ME NON POSSUM 
 
 QUOD INITIO VITIOSUM EST, NON Po- 
 test tractu temporls oonvalescere. Time 
 cannot render valid an act void in its origin. 
 Dig. 50. 17. 29. 
 
 QUOD IPSIS, QUI CONTRAXERUNT, OB- 
 stat; et successoribus eorum obstabit. That 
 which bars those who have contracted will 
 bar their successors also. Dig. 50. 17. 103. 
 
 QUOD JUSSU (Lat.) In civil law. The 
 name of an action given to one who had con- 
 tracted with a son or slave, by order of the 
 father or master, to compel such father or 
 master to stand to the agreement. Halifax, 
 Civ. Law, bk. 3, c. 2, No. 3; Inst. 4. 7. 1; 
 Dig. 15. 4. 
 
 QUOD JUSSU ALTERIUS SOLVITUR 
 pro eo est quasi ipsi solutum esset. That 
 which is paid by the order of another is, 
 so far as such person is concerned, as if it 
 had been paid to himself. Dig. 50. 17. 180. 
 
 QUO LIGATUR, EO DISSOLVITUR. As a 
 thing is bound, so it is unbound. 2 Rolle, 
 21. 
 
 QUOD MEUM EST, SINE FACTO SIVE 
 defectu nostro, amitti seu In allum trans- 
 ferri non potest. That which is ours cannot 
 be lost or transferred to another without 
 our own act or default. 8 Coke, 92; Broom, 
 Leg. Max. (3d London Ed.) 415; 1 Prest. 
 Abstr. 147, 318. 
 
 QUOD MEUM EST SINE ME AUFERRI 
 non potest. What Is mine cannot be taken 
 away without my consent. Jenk. Cent. Cas. 
 251. But see "Eminent Domain." 
 
 QUOD MINUS EST IN OBLIGATIONEM 
 videtur deductum. That which is the less is 
 held to be imported into the contract; e. g., 
 A. offers to hire B.'s house at six hundred 
 dollars at the sariie time B. offers to let it 
 for five hundred dollars; the contract is for 
 five hundred dollars. 1 Story, Cont. (4th 
 Ed.) 481. 
 
 QUOD NATURALIS RATIO INTER OM- 
 nes homines constituit, vocatur jus gentium. 
 That which natural reason has established 
 among all men is called the law of nations. 
 Dig. 1. 1. 9; Inst. 1. 2. 1; 1 Bl. Comm. 43. 
 
 QUOD NECESSARIE INTELLIGITUR ID 
 non deest. What is necessarily understood 
 is not wanting. 1 Bulst. 71. 
 
 QUOD NECESSITAS COGIT, DEFENDIT. 
 
 What necessity forces, it justifies. Hale, P. 
 C. 54. 
 
 QUOD NON APPARET NON EST, ET 
 non apparet judicialiter ante judicium. What 
 appears not does not exist, and nothing ap- 
 pears judicially before judgment. 2 Inst. 
 479; Jenk. Cent. Cas. 207. 
 
 QUOD NON OAPIT OHRISTUS, CAPIT 
 fiscus. What the church does not take, the 
 treasury takes. Y. B. 19 Hen. VI. 1. 
 
 QUOD NON FUIT NEGATUM (Law Lat. 
 which was not denied). A phrase found in 
 the old reports. Latch, 213. Otherwise 
 stated quod nemo negavit, which no one de- 
 nied. 
 
 QUOD NON HABET PRINCIPIUM NON 
 habet finem^ What has no beginning has 
 no end. Co. Litt. 345; Broom, Leg. Max. 
 (3d London Ed.) 170, 171. 
 
 QUOD NON LEGITUR, NON CREDITUR. 
 
 What is not read is not believed. 4 Coke, 
 304. 
 
 QUOD NON VALET IN PRINCIPALIA, IN 
 accessoria seu consequentia non valebit; et 
 quod non valet in magis propinquo, non va- 
 lebit in magis remote. What is not good as 
 to things principal will not be good as to 
 accessories or consequences; and what is 
 not of force as regards things near will not 
 be of force as to things remote. 8 Coke, 78. 
 
 QUOD NOTA (Lat.) Which note; which 
 
 mark. A reporter's note in the old books, 
 
 directing attention to a point or rule. Dyer, 
 23. 
 
 QUOD NULLIUS ESSE POTEST ID UT 
 aiicujus fieret nulla obligatio valet efficere. 
 No agreement can avail to make that the 
 property of any one which cannot be ac- 
 quired as property. Dig. 50. 17. 182. 
 
 QUOD NULLIUS EST, EST DOMINI RE- 
 gis. That which belongs to nobody belongs 
 to our lord the king. Fleta, lib. 3; Broom, 
 Leg. Max. (3d London Ed.) 317; Bac. Abr. 
 "Prerogative" (B) ; 2 Bl. Comm. 260. 
 
 QUOD NULLIUS EST ID RATIONE NA- 
 turall occupanti conceditur. What belongs 
 to no one, by natural reason belongs to the 
 first occupant. Inst. 2. 1. 12; 1 Bouv. Inst, 
 note 491; Broom, Leg. Max. (3d London 
 Ed.) 316. 
 
 QUOD NULLUM EST NULLUM PRODU- 
 cit effectum. That which is null produces no 
 effect. Tray. Lat. Max. 519. 
 
 QUOD OMNES TANGIT, AB OMNIBUS 
 debet supportari. That which concerns all 
 ought to be supported by all. 3 How. St. 
 Tr. 818, 1087. 
 
 QUOD PARTES REPLACITENT. ^Lat. 
 that the parties do replead) . The form of 
 the judgment on award of a repleader. 2 
 Salk. 579, 
 
 QUOD PARTITIO FIAT. See "Judgment." 
 
 QUOD PENDET, NON EST PRO EC, 
 quasi sit. What is in suspense is considered 
 as not existing during such suspense. Pig. 
 50. 17. 169. 1. 
 
 QUOD PER ME NON POSSUM, NEC PER 
 alium. What I cannot do in person, I can- 
 not do through the agency of another. 4 
 Coke, 24b; 11 Coke, 87a. 
 
QUOD PER EECOEDUM 
 
 847 
 
 QUOD VERO CONTRA 
 
 QUOD PER RECORDUM PROBATUM 
 not! debet esse negatum. What is proved by 
 the record ought not to be denied. 
 
 QUOD PERM ITT AT (Lat.) In English 
 law. That he permit. The name of a writ 
 which lies, for the heir of him who is dis- 
 seised of his common of pasture, against 
 the heir of the disseisor, he being dead. 
 Termes de la Ley. 
 
 QUOD PERMITTAT PROSTERNERE 
 (Lat. that he give leave to demolish). In 
 English law. The name of a writ which 
 commands the defendant to permit the 
 plaintiflF to abate the nuisance of which 
 complaint is made, or otherwise to appear 
 in court and to show cause why he will not. 
 On proof of the facts, the plaintiff is en- 
 titled to have judgment to abate the nui- 
 sance and to recover damages. This pro- 
 ceeding, on account of its tediousness and 
 expense, has given way to a special action 
 on the case. 
 
 QUOD POPULUS POSTREMUM JUSSIT, 
 Id jus ratum esto. What the people have last 
 enacted, let that be the established law. 1 
 Bl. Comm. 89. 
 
 QUOD PRIMUM EST INTENTIONE UU- 
 
 timum est in operatione. That which is first 
 in intention is last in operation. Bac. Max. 
 
 QUOD PRINCIPI PLACUIT LEGIS HA- 
 bet vlgopem. That which has pleased the 
 prince has the force of law. The emperor's 
 pleasure has the force of law. Dig. 1.4. 1 ; 
 Inst. 1. 2. 6. A celebrated maxim of im- 
 perial law. 
 
 QUOD PRINCIPI PLACUIT, LEGIS HA- 
 bet vigorem; utpote cum lege regia, quae de 
 imperio ejus lata est, populus el et in eum 
 omne suum imperium et potestatem conferat. 
 The will of the emperor has the force of 
 law; for, by the royal law which has been 
 made concerning his authority, the people 
 has conferred upon him all its own sover- 
 eignty and power. Dig. 1. 4. 1; Inst. 1. 2. 
 1; Fleta, lib. 1, c. 17; § 7, Bracton, 107; 
 Seld. Diss, ad Flet. c, 3, §§ 2-5. 
 
 QUOD PRIUS EST VERIUS EST; ET 
 
 quod prius est tempore potius est jure. 
 What is first is truest; and what comes 
 first in time is best in law. Co. Litt. 347. 
 
 QUOD PRO MINORE LICITUM EST ET 
 pro majore licitum est. What is lawful in 
 the less is lawful in the greater. 8 Coke, 
 43. 
 
 QUOD PROSTRAVIT (Lat.) The name of 
 a judgment upon an indictment for a nui- 
 sance, that the defendant abate such nui- 
 sance. 
 
 QUOD PURE DEBETUR PRAESENTI 
 die debetur. That which Is due uncondition- 
 ally is due now. Tray. Leg. Max. 519. 
 
 QUOD QUIS EX CULPA SUA DAMNUIVI 
 sentit, non inteiligitur damnum sentire. He 
 who suffers a damage by his own fault is 
 not held to suffer damage. Dig. 50. 17. 203. 
 
 QUOD QUIS SCIENS INDEBITUM DEDIT 
 hac mente, ut postea repeteret, repetere non 
 potest. What one has paid knowing it not to 
 be due, with the intention of recovering it 
 back, he cannot recover back. Dig. 2. 6. 50. 
 
 QUOD QUISQUIS NOVIT IN HOC SE EX- 
 erceat. Let every one employ himself In 
 what he knows. 11 Coke, 10. 
 
 QUOD RECUPERET (Lat. that he recov- 
 er). The form of a judgment that the plain- 
 tiff do recover. See "Judgment." 
 
 QUOD REIVIEDIO DESTITUITUR IPSA 
 re valet si culpa absit. What is without a 
 remedy is by that very fact valid if there 
 be no fault. Bac. Max. reg. 9 ; 3 Bl. Comm. 
 20. 
 
 QUOD SEIVIEL AUT BIS EXISTIT PRAE- 
 tereunt leglslatores. Legislators pass over 
 what happens (only) once or twice. Dig. 
 1. 3. 6; Broom, Leg. Max. (3d London Ed.) 
 
 45. 
 
 QUOD SEIVIEL IVIEUM EST AMPLIUS 
 meum esse non potest. What is once mine 
 cannot be mine more completely. Co. Litt. 
 49b; Shep. Touch. 212; Broom, Leg. Max. 
 (3d London Ed.) 415, note. 
 
 QUOD SEMEL PLACUIT IN ELECTIONS, 
 amplius displicere non potest. That which, 
 in making his election, a man has once been 
 pleased to choose, he cannot afterwards 
 quarrel with. Co. Litt. 146. 
 
 QUOD SI CONTINGAT (Law Lat. that if 
 it happen). Words by which a condition 
 might formerly be created in a deed. Litt. 
 § 330. 
 
 QUOD SOLO INAEDIFICATUR SOLO CE- 
 
 dit. Whatever is built on the soil is an ac- 
 cessory of the soil. Inst. 2. 1. 29; 16 Mass. 
 4'49; 2 Bouv. Inst, note 1571. 
 
 QUOD SUB CERTA FORIVIA CONCES- 
 sum vel reservatum est, non trahitur ad va- 
 lorem vel compensationem. That which is 
 granted or reserved under a certain form is 
 not to be drawn into valuation or compen- 
 sation. Bac. Max. reg. 4. 
 
 QUOD SUBINTELLIGITUR NON DEEST. 
 What is understood is not wanting. 2 Ld. 
 Raym. 832. 
 
 QUOD TACITE INTELLIGITUR DEESSE 
 non vi'detur. What is tacitly understood does 
 not appear to be wanting. 4 Coke, 22. 
 
 QUOD VANUIVI ET INUTILE EST, LEX 
 non requirit. The law does not require what 
 is vain and useless. Co. Litt. 319. 
 
 QUOD VERO CONTRA RATIONEM JU- 
 ris receptum est, non est producendum ad 
 
QUOD VOLUIT NON DIXIT 
 
 848 
 
 QUOUSQUE 
 
 consequentias. Bnt that which has been ad- 
 mitted contrary to the reason of the law 
 ought not to be drawn into precedents. Dig. 
 1. 3. 14; Broom, Leg. Max. (3d London 
 Ed.) 150. 
 
 QUOD VOLUIT NON DIXIT. He did not 
 
 say what he intended to. 1 Kent, Comm. 
 468, note; 4 Maule & S. 522, arg.; 1 Johns. 
 Ch. (N. Y.) 235. 
 
 QUODCUNQUE ALIQUIS OB TUTELAM 
 corporis suit fecerit jure id fecisse videtur. 
 Whatever one does in defense of his person, 
 that he is considered to have done legally. 
 2 Inst. 590. 
 
 QUODQUE DISSOLVITUR EODEIVI MO- 
 do quo ligatur. In the same manner that a 
 thing is bound, it is unbound. 2 RoUe, 39; 
 Broom, Leg. Max. (3d London Ed.) 788; 2 
 Man. & G. 729. 
 
 QUOMODO QUID C0NSTITU1TUR EO- 
 dem modo dissolvitur. In whatever mode a 
 thing is constituted, in the same manner is 
 it dissolved. Jenk. Cent. Cas. 74. 
 
 QUONIAIVI ATTACH lAlVlENTA (Law 
 Lat.) Since the attachments. One of the 
 oldest books in the Scotch law; so called 
 from the two first words of the volume. 
 Bell, Diet. Still sometimes cited in argu- 
 ment, in the Scotch courts. 7 Wilson & S. 9. 
 
 QUORUM. Used substantively, quorum 
 signifies the number of persons belonging tc* 
 a legislative assembly, a corporation, so- 
 ciety, or other body, required to transact 
 business. There is a difference between an 
 act done by a definite number of persons, 
 and one performed by an indefinite num- 
 ber. In the first case, a majority is re- 
 quired to constitute a quorum, unless the 
 law expressly directs that another number 
 may make one. 88 Pa. St. 42; 9 Wend. (N. 
 Y.) 394; 7 Cow. (N. Y.) 402. In the latter 
 case, any number who may be present may 
 act, the majority of those present having, 
 as in other cases, the right to act. 1 Barn. 
 & C. 492. 
 
 In the absence of special provision, a 
 majority is a quorum (12 Mete. [Mass.] 
 99; 13 Ind. 581), but sometimes the law 
 requires a greater number than a bare ma- 
 jority to form a quorum. In such case, 
 no quorum is present until such a number 
 convene. 
 
 In the absence of a rule of procedure to 
 the contrary, the presence of a quorum in 
 a legislative body can only be ascertained 
 from the votes recorded on the particular 
 matter submitted (117 N. C. 158) ; but a 
 rule authorizing the presiding ofiicer to 
 count members present and not voting to 
 make up a quorum is within the power of a 
 legislative body (144 U. S. 1). 
 
 QUORUM PRAETEXTA, NEC AUGET 
 nee minuit sententlam, sed tantum conflrmat 
 prae missa. "QuoruTn praetexta" neither in- 
 creases nor diminishes the meaning, but 
 
 only confirms that which went before. 
 Plowd. 52. 
 
 QUORUM UNUS. One of the quorum. 
 In England it was formerly the practice to 
 appoint certain justices of the peace, one 
 of whom must be present for the transac- 
 tion of certain business, such justices being 
 named in the commission of all the justices 
 {quorum aliquem vestrum A. B., C. D., etc., 
 unum esse volumus). Such justices were 
 called "justices of the quorum." The pres- 
 ent practice is to name all the justices, sp 
 that the designation is of no practical im- 
 portance. 
 
 QUOT. In Scotch law. The twentieth part 
 of the movables, computed without compu- 
 tation of debts, was so called. 
 
 Formerly the bishop was entitled, in all 
 confirmations, to the quot of the testament. 
 Ersk. Inst. 3. 9. 11. 
 
 QUOTA. A proportionate share of any- 
 thing required to be paid, supplied, or fur- 
 nished. 
 
 QUOTATION, The listed price bid, of- 
 fered, or paid for properties or commodi- 
 ties currently dealt in. 
 
 QUOTIENS DUBIA INTERPRETATIO Ll- 
 bertatis est, secundum libertatem respon- 
 de/idum erit. Whenever there is a doubt be- 
 tween liberty and slavery, the decision must 
 be in favor of liberty. Dig. 50. 17. 20. 
 
 QUOTIENS IDEM SERMO DUAS SEN- 
 tentias exprimit, ea potissimum exclpiatur, 
 quae rei gerendae aptior est. Whenever the 
 same words express two meanings, that 
 is to be taken which is the better fitted for 
 carrying out the proposed end. Dig. 50. 17. 
 67. 
 
 QUOTIES IN STIPULATIONIBUS AM- 
 bigua oratio est, commodlssimum est id ac- 
 cipi quo res -de quo agitur, In tuto sit. 
 Whenever in stipulations the expression is 
 ambiguous, it is most proper to give it that 
 interpretation by which the subject matter 
 may be in safety. Dig. 41. 1. 80; Id. 50. 16. 
 219. 
 
 QUOTIES IN VERBIS NULLA EST AIVI- 
 biguitas ibi nulla expositio contra verba fien- 
 da est. When there is no ambiguity in the 
 words, then no exposition contrary to the 
 words is to be made. Co. Litt. 147; Broom, 
 Leg. Max. (3d London Ed.) 850. 
 
 QUOTUPLEX (Lat.) Of how many kinds; 
 of how many fold. A term of frequent oc- 
 currence in Sheppard's Touchstone. Shep. 
 Touch. 37, 50, 117, 160 et passim. 
 
 QUOUSQUE. A Latin adverb, which sig- 
 nifies how long, how far, until. 
 
 In old conveyances, it is used as a word 
 of limitation. 10 Coke, 41. 
 
 In practice, it is the name of an execu- 
 tion which is to have force until the de- 
 fendant shall do a certain thing. Of this 
 
QUOVIS MODO 
 
 849 
 
 QY 
 
 kind is the capias ad satisfaoiendum, by 
 virtue of -which the body of the defendant 
 is taken into execution, and he is imprisoned 
 until he shall satisfy the execution. 3 
 Bouv. Inst, note 3371. 
 
 QUOVIS MODO (Lat.) In whatever man- 
 ner. 10 East, 476. 
 
 QUUM (Lat.) When. 
 
 QUUM DE LUCRO QUORUM QUAERA- 
 tur, melior est conditio possidentis. When 
 the gain of one of two is in question, the 
 condition of the possessor is the better. Dig. 
 50. 17. 126. 2. 
 
 QUUM IN TESTAMENTOAMBIGUEAUT 
 etiam perperam scriptum est, benigne inter- 
 pretari et secundum id quod credibile et cog- 
 itatum, credendum est. When In a will an 
 ambiguous or even an erroneous expression 
 occurs, it should be construed liberally, and 
 
 in accordance with what is thought the 
 probable meaning of the testator. Dig. 34. 
 5. 24; Broom, Leg. Max. (3d London Ed.) 
 437. See Brissonius, "Perperam." 
 
 QUUM (CUM) PRINCIPALIS CAUSA 
 non conslstit ne ea quidem quae sequuntur 
 locum liabent. When the principal does not 
 hold its ground, neither do the accessories 
 find place. Dig. 50. 17. 129. 1 ; Broom, Leg. 
 Max. (3d London Ed.) 438; 1 Poth. Obi. 
 413. 
 
 QUUM QUOD AGO NON VALET UT 
 ago, valeat quantum valere potest. When 
 what I do is of no force as to the purpose 
 for which I do it, let it be of force to as 
 great a degree as it can. 1 Vent. 216. 
 
 QUYKE. In old records. Quick; living; 
 a quick or live beast. Cowell. 
 
 QY (Law Fr.) Who; which. Kelham. 
 
RACHAT 
 
 850 
 
 RANKING 
 
 R 
 
 pACHAT (Fr.) Ransom; relief. Ord. Mar. 
 liv. 3, tit. 3, art. 19 ; Emerig. Tr. des Assur. 
 c. 12, § 21; Guyot, Inst. Feud. c. 5. 
 
 RACHATER (Law Fr.) To redeem; to re- 
 purchase, or buy back. Kelham. 
 
 RACHETUM (Fr. racheter, to redeem). 
 In Scotch law. Ransom; corresponding to 
 Saxon weregild, a pecuniary composition 
 for an offense. Skene de Verb. Sign.; 
 Jacob. 
 
 RACHIMBURGIl, or RACHINBURGII 
 (Law Lat.) In old European law. Rachen- 
 burgers or Rakenburghs; judges among 
 the Salians, Ripuarians, and some other 
 nations of Germany who sat with the count 
 (comes) in his court called mallum, and 
 were generally associated with him in all 
 matters. L. Salic, tits. 52, 59; L. Ripuar. 
 tit. 32, § 3; Capit. Carol, lib. 5, c. 14; Spel- 
 man. The word was found by Spelman in 
 an old MS. copy of the laws of Canute. 
 Montesquieu writes it rathimburges. Esprit 
 des Lois, liv. 30, c. 18. 
 
 RACK. An engine with which to torture a 
 supposed criminal, in order to extort a con- 
 fession of his supposed crime, and the 
 names of his' supposed accomplices. It is 
 unknown in the United States, but, known 
 by the nickname of the "Duke of Exeter's 
 Daughter," was in use in England. Barr. 
 Obs. St. 366; 12 Serg. & R. (Pa.) 227. 
 
 RACK RENT. In English law. The full 
 extended value of land left by lease, pay- 
 able by a tenant for life or years. Wood, 
 Inst. 192. 
 
 RADECHENISTRES. A word used In 
 Domesday Book, which Spelman interprets 
 to mean "freemen." Domesday Book, fol. 
 18, tit. "Glowc. Berchelay;" Spelman. 
 
 RADOUR. In French law. A term includ- 
 ing the repairs made to a ship, and a fresh 
 supply of furniture and victuals, munitions, 
 and other provisions required for the voy- 
 age. Pardessus, note 602. 
 
 RAENCON (Law Fr.) A ransom, or fine. 
 Ou par ranceoun ou par amercement. Artie, 
 sup. Chart. 
 
 RAFFLE. A form of lottery by which the 
 price of an article is divided into shares, 
 and the article awarded by chance to one 
 of the shareholders. Cent. Diet. 
 
 RAGEMAN, or RAGMAN. A statute, so 
 called, of justices assigned by Edw. I. and 
 his council, to go a circuit through all Eng- 
 land, and to hear and determine all com- 
 plaints of injuries done within Ave years 
 next before Michaelmas, in the fourth year 
 of his reign. Spelman. 
 
 RAGMAN'S ROLL, or RAGIMUND'S 
 roll. A, roll, called from one Ragimund, or 
 Ragimont, a legate in Scotland, who, sum- 
 moning all the beneficed clergymen in that 
 kingdom, caused them on oatii to give in 
 the true value of their benefices, according 
 to which, they were afterwards taxed by 
 the court of Rome. Wharton. 
 
 RAILROAD, or RAILWAY. The terms 
 "railroad" and "railway" are synonymous. 
 30 Minn. 524. Their significance varies 
 with the context, being used sometimes to 
 include all appurtenances (173 111. 521, 46 
 N. J. Law, 289; 58 Pa. St, 252), and some- 
 times as including only the immovable 
 structure, graded and railed for the use of 
 trains (93 U. S. 442). Ordinarily, when 
 used without qualifying words, the term 
 "railroad" means those railroads specially 
 laid out and graded having parallel rails 
 of iron or steel for the wheels of carriages 
 drawn by steam or other motive power, to 
 run upon, 156 111. 294, but in some con- 
 nections it has been held to include street 
 or horse railroads. 24 111. 52. 
 
 RAISE. To create; to bring into exist- 
 ence. The term is used in various senses, 
 thus, to "rai^e" a use is to create it; to 
 "raise" an issue is to file such a plea as to 
 make an issue. Facts are said to "raise" 
 a presumption when they give rise thereto. 
 
 RAISING PORTIONS. A term used in old 
 English law for the charging of a devise to 
 dne child of testator, with the pajmient of 
 certain sums to others. 
 
 RAN (Saxon). Open theft or robbery. 
 Cowell. 
 
 RANGE. In the United States government 
 surveys of lands, the "townships" (q. v.) 
 are ranged in tiers east or west of a given 
 meridian, such ranges therefore being a 
 row of towns in a north and south direc- 
 tion. The "towns" are tiers lying at right 
 angles to the ranges. 
 
 RANGER. A sworn officer of the forest to 
 inquire of trespasses, and to drive the beasts 
 of the forest out of the deforested ground 
 into the forest. Jacob. 
 
 RANK. The order or place In which cer- 
 tain officers are placed in the army and 
 navy, in relation to others. The term is 
 sometimes applied to debts or securities to 
 indicate their precedence in respect to order 
 of payment. 
 
 ——In English Law. Excessive; too large 
 in amount; as a rank modus. 2 Bl. Coram. 
 3Q. 
 
 RANKING. In Scotch law. Determining 
 the order in which the debts of a bankrupt 
 ought to be paid. 
 
RANSOM 
 
 851 
 
 RATE OF EXCHANGE 
 
 RANSOM. A price of redemption of a 
 captive or prisoner of war, or of captured 
 property. 
 
 — -In Old Eng,lish Law. A price paid for 
 the pardon of some great offense. It differs 
 from amercement in that it excuses from 
 corporal punishment. Cowell. 
 
 RANSOM BILL. A contract for payment 
 of ransom of a captured vessel, with stipu- 
 lations of safe-conduct, if she pursue a 
 certain course and arrive in a certain time. 
 If found out of time or course, the safe- 
 conduct is void. Wheaton, Int. Law, 107*. 
 The payment cannot be enforced in Eng- 
 land, during war, by an action on the 
 contract, but can in this country. 1 Kent, 
 Comm. 104, 105; 4 Wash. C. C. (U. S.) 
 141; 2 Gall. (U. S.) 325. 
 
 RAPE. 
 
 ^— iln Criminal Law. Unlawful carnal 
 knowledge of a woman by force and with- 
 ' out her consent. 
 
 (1) Carnal knowledge is essential (67 
 Wis. 552), but by statute in most states, 
 the slightest penetration is enough (see 45 
 Conn. 256; 102 N. Y. 234), though, at com- 
 mon law, emission was essential (1 East, 
 P. C. 439). (2) The carnal knowledge must 
 be unlawful; thus, forcible carnal knowl- 
 edge by a man of his wife against her will 
 is not rape. 1 Hale, P. C. 629. ' (3) The 
 carnal knowledge must be by force, but 
 constructive force, as by threats or intimi- 
 dation, is sufficient (39 Fla. 155; 45 Conn. 
 263; 139 Ind. 531) ; and where the woman 
 is insane or insensible, it has been said that 
 the force necessary to accomplish the act 
 is sufficient (53 Ark. 425; 50 Iowa, 189); 
 but the weight of authority is that fraud 
 (2 Swan [Tenn.] 394; 6 Ala. 765), as by 
 personating the woman's husband (11 Cox, 
 C. C. 191; 7 Conn. 64), will not take the 
 place of force (but see 94 Ind. 96). (4) 
 The carnal knowledge must be without the 
 woman's consent. The phrase "against her 
 will" is sometimes substituted, but it means 
 no more than "without her consent." 22 
 Wis. 445 ; 25 Mich. 356. Unless asleep or in- 
 sensible (12 Cox, C. C. 311), or intimi- 
 dated by threats (9 Car. & P. 748), the 
 woman must resist "to the uttermost" (19 
 Wend. [N. Y.] 192; 13 Mich. 427), to the 
 point of inability longer to resist (59 N. Y. 
 374) ; and acquiescence, however tardy or 
 reluctant, prevents the offense from being 
 rape (82 Va. 653; 124 111. 576). 
 
 In Old English Law. A division of a 
 
 county similar to a hundred, but oftentimes 
 containing in it more hundreds than one. 
 
 RAPE OF THE FOREST (Law Lat. rap- 
 tus forestae). In old English law. Tres- 
 pass committed in a forest by violence. 
 Cowell; Spelman; LL. Hen. I. c. 11. 
 
 RAPE REEVE. In English law. The chief 
 officer of a rape (q. v.) .1 Bl. Comm. 116. 
 
 RAPINA (Lat. from rapere, to drag, or 
 carry away forcibly) . 
 
 In the Civil Law. The violent taking 
 
 from the person of another of money or 
 goods for the sake of gain; robbery from 
 the person. Halifax, Anal. bk. 2, c. 23, 
 Nos. 1, 2; Heinec. Elem. Jur. Civ. lib. 4, 
 tit. 2, § 1071. 
 
 — — In Old English Law. Open and vio- 
 lent larceny from the person ; robbery. St. 
 14 Car. II. c. 22; Cowell; 4 Bl. Comm. 242. 
 
 RAPTOR. In old English law, a ravlsher. 
 
 RAPTU HAEREDIS. A writ for taking 
 away an heir holding in socage, of which 
 there were two sorts: One when the heir 
 was married; the other when he was not. 
 Reg. Orig. 163. 
 
 RAPUIT (Lat. from rapere, to ravish). 
 In old English law. Ravished. A technical 
 word in old indictments. 2 East, 30; 
 Wharton, Am. Crim. Law, § 401. 
 
 RASE (Law Lat. raseria; from Lat. 
 rasus, shaved or scraped). In old English 
 law. Strike; struck measure; that in which 
 the commodity measured was made even 
 with the top of the measure, by scraping 
 or striking off all that was above it. An 
 old ordinance for bakers, brewers, etc., pro- 
 vided that toll should be taken "by the rase, 
 and not by the heap or cantel." Cowell 
 quotes the provision, but strangely over- 
 looks the meaning it so clearly expresses, 
 and makes rase (raseria) to be "a measure 
 of corn, now disused." 
 
 RASURA (Law Lat.; from Lat. radere, to 
 scrape). In old English law. A rasure. 
 Fleta, lib. 4, c. 10, §§ 3, 4. 
 
 RASURE (Law Fr. rassure, rasoure; from 
 Lat. rasura, from radere, to scrape). A 
 scraping off; the removal of , one or more 
 words from an instrument, by scraping the 
 writing off or out. One of the modes by 
 which a deed or other instrument may be 
 avoided, or rendered of no effect. 2 Bl. 
 Comm. 308; Shep. Touch. 55, 68, 71; Fleta, 
 lib. 6, c. 29, § 4. "Rasure" is properly dis- 
 tinguished from "obliteration," which is ef- 
 fected by marking out the writing with pen 
 and ink, or blotting it out by other means; 
 but the terms are sometimes used as synony- 
 mous. See 18 Johns. (N. Y.) .499. 
 
 RASUS, or RASUM (Law Lat. from ra- 
 dere). In old English law. Rased; erased. 
 Fleta, lib. 2, c. 54, § 12. A rase; a measure 
 of onions, containing twenty flones, and 
 each flonis twenty-five heads. Fleta, lib. 2. 
 c. 12, § 12. 
 
 Struck; scraped off. Mensura rasa, struck 
 measure. Fleta, lib. 2, c. 82, § 1. 
 
 RATAM REM HABERE (Lat.) In the civ- 
 il law. To hold a thing ratified; to ratify 
 or confirm it (comprobare, agnoscere). Dia- 
 46. 8. 12. 1, et per tot. 
 
 RATE OF EXCHANGE. In commercial 
 law. The actual price at which a bill, drawn 
 
RATE TITHES 
 
 852 
 
 RATTENING 
 
 in one country upon another country, can 
 be bought or obtained in the former country 
 at any given time. Story, Bills, § 31. 
 
 RATE TITHES. Tithes charged pro rata 
 on personal property kept within the parish 
 for less than a year. 
 
 RATIFICATION. An agreement to adopt 
 an act performed by another for us. 
 
 Express ratifications are those made in 
 express and direct terms of assent. Implied 
 ratifications are such as the law presumes 
 from the acts of the principal; as, if Peter 
 buy goods for James, and the latter, know- 
 ing the fact, receive them and apply them 
 to his own use. 
 
 It is applied in the sense of "confirma- 
 tion" to various transactions, but it has been 
 said that it applies properly only to agency. 
 73 Me. 487. 
 
 RATIHABITIO(Lat. from ratus, approved, 
 and habere, to hold) . In civil and old Eng- 
 lish law. A holding as approved; approval 
 or ratification. 
 
 RATIHABITIO MANDATO AEQUIPARA- 
 tur. Ratification is equal to a command. 
 Dig. 46. 3. 12. 4; Broom, Leg. Max. (3d 
 London Ed.) 771; Story, Ag. (4th Ed.) 302. 
 
 RATIHABITION. Confirmation; approba- 
 tion of a contract; ratification. 
 
 RATING. 
 
 In Commerce. The estimate put on 
 
 the credit and financial resources of a per- 
 son. There are various institutions or per- 
 sons who furnish ratings. They are called 
 "mercantile agencies." 
 
 In Shipping. The order or class of a 
 
 vessel according to her magnitude or force. 
 
 RATIO (Lat.) A reason; a cause; a reck- 
 oning of an account. 
 
 The ground of de- 
 
 RATIO DECIDENDI, 
 cision. 
 
 RATIO EST FORIVIALIS CAUSA CON- 
 
 suetudinis. Reason is the source and mold 
 of custom. 
 
 RATIO EST LEGIS ANIIMA; IVIUTATA 
 legis ratione mutatur et lex. Reason is the 
 soul of the law; the reason of the law being 
 changed, the law is also changed. 7 Coke, 7. 
 
 RATIO EST RADIUS DIVINI LUIVIINIS. 
 
 Reason is a ray of divine light. Co. Litt. 
 232. 
 
 RATIO ET AUCTORITAS DUO CLARIS- 
 sima mundi lumina. Reason and authority 
 are the two brightest lights in the world. 4 
 Inst. 320. 
 
 RATIO IN JURE AEQUITAS INTEGRA. 
 
 Reason in law is perfect equity. 
 
 RATIO LEGIS. The reason or occasion of 
 a law; the occasion of making a law. Bl. 
 Law Tr. 3. 
 
 Grotius distinguishes between "ratio" and 
 "mens," the meaning or intent of a law. 
 
 RATIO LEGIS EST ANIMA LEGIS. The 
 reason of the law is the soul of the law. 
 Jenk. Cent. Cas. 45. 
 
 RATIO NON CLAUDITUR LOCO. Reason 
 is not confined to any place. 
 
 RATIO POTEST ALLEGARI DEFICIEN- 
 te lege, sed vera et legal is et non apparens. 
 Reason may be alleged when the law is de- 
 fective, but it must be true and legal reason, 
 and not merely apparent. Co. Litt. 191. 
 
 RATIONABILE ESTOVERIUM. Alimony. 
 
 RATIONALIBUSDIVISIS, WRIT DE. The 
 name of a writ which lies properly when 
 two men have lands in several towns or ham- 
 lets, so that the one is seised of the land in 
 one town or hamlet, and the other of the 
 other town or hamlet by himself, and they 
 do not know the bounds of the town or 
 hamlet, nor of their respective lands. This 
 writ lies by one against the other, and the 
 object of it is to fix the boundaries. Fitzh. 
 Nat. Brev. 
 
 RATIONE (Lat.) By reason; on account. 
 
 Ratione impotentiae, on account of in- 
 ability. A ground of qualified property in 
 some animals ferae naturae, as in the young 
 Ones, while they are unable to fly or run. 
 
 2 Bl. Comm. 394; Hale, Anal. § xxvi. 
 Ratione loci, by reason of place. A ground 
 
 Of ownership in rabbits and hares. Hale, 
 Anal. § xxvi. 
 
 Ratione privUegii, by reason of privilege. 
 A ground of ownership in birds or beasts of 
 warren. Hale, Anal, i xxvi. 
 
 Ratione soli, on account of the soil; with 
 reference to the soil. Said to be the ground 
 of ownership in bees. 2 Bl. Comm. 393. 
 
 Ratione tenurae, by reason of tenure; as 
 a consequence of tenure. 3 Bl. Comm. 230; 
 1 Maule & S. 435. A phrase in old pleading. 
 Not the same as "by reason of being owner 
 and proprietor." Le Blanc, J., 1 Maule & S. 
 441. Ratione tenurae implies ex vi termini, 
 something originally annexed to the hold- 
 ing. Id. 
 
 RATIONE MATERIAE (Lat.) By reason 
 of the subject matter. 
 
 RATIONE PERSONAE (Lat.) By reason 
 of the person concerned; from the character 
 of the person. 
 
 RATIONE TENURAE (Law Lat.) By rea- 
 son of tenure; as a consequence of tenure. 
 
 3 Bl. Comm. 230. 
 
 RATIONES. In old law. The pleadings in 
 a suit. Rationes exercere, or ad rationes 
 stare, to plead. 
 
 RATTENING. The act of trade unionists 
 in causing the tools, clothes, or other prop- 
 erty of a workman to be taken away or hid- 
 den, in order to compel him to join the union 
 
RAUNSOM 
 
 853 
 
 REAL COMPOSITION 
 
 or cease working. It is an offense punish- 
 able by fine or imprisonment. 38 & 39 Vict. 
 c. 86, § 7. 
 
 RAUNSOM, or RAUNSOME (Law Fr.) 
 In old English law. Ransom; a fine; a se- 
 vere kind of fine. Sur peyne de raunsome, 
 on pain of ransom. Britt. c. 11. Per raun- 
 some simple ou graund, solonc le fait, by an 
 ordinary or a great ransom, according to 
 the fact. Id. Puny par prison et greve raun- 
 som. Id. c. 48. 
 
 RAVISHED. In pleading. A technical 
 word necessary in an indictment for rape. 
 
 No other word or circumlocution will an- 
 swer. The defendant should be charged 
 with having "feloniously ravished" the pros- 
 ecutrix, or woman mentioned in the indict- 
 ment. Bac. Abr. "Indictment" (G 1) ; 
 Comyn, Dig. "Indictment" (G 6) ; Hawk. 
 P. C. 2, c. 25, § 56; Cro. Car. 37; 1 Hale, 
 P. C. 628; 2 Hale, P. C. 184; Co. Litt. 184, 
 note (p); 2 Inst. 180; 1 East, P. C. 447. 
 The words "feloniously did ravish and car- 
 nally know" imply that the act was done 
 forcibly and against the will of the woman. 
 12 Serg. & R. (Pa.) 70. See 3 Chit. Crim. 
 Law, 812. 
 
 RAVISHMENT. In criminal law. An un- 
 lawful taking of a woman, or of an heir in 
 ward; rape. 
 
 RAVISHMENT DE CARD (Law Fr.) An 
 abohshed writ, which lay for a guardian by 
 knight's service or in socage, against a per- 
 son who took from him the body of his ward. 
 Pitzh. Nat. Brev. 140; 12 Car. II. c. 3. 
 
 RAVISHMENT OF WARD. In English 
 law. The marriage of an infant ward with- 
 out the consent of the guardian. It is pun- 
 ishable by St. Westminster II. c. 35, 
 
 RE (Lat.) In the matter of. 
 
 RE, verbis, scripto, consensu, traditlone, 
 junctura, vestes, sumere pacta solent. 
 
 From the thing [itself], from words, 
 from writing, from consent, from delivery, 
 from union, agreements usually take their 
 vestments. A couplet formerly in use, 
 framed to express (in aid of the memory) 
 the six different modes in which obligation 
 might be contracted, which were fancifully 
 termed its "vestments," or garments, that 
 is, the forms in which it was clothed. It 
 is twice quoted by Bracton, who explains 
 the six forms in detail. Bracton, fol. 16b; 
 Id. fols. 99-101. It is thus expressed in 
 the prose of Britton: Obligation doit estre 
 vestue de v. maneres de garnementz; de 
 chose, de parole, de escript, de unite, de 
 volounte, debail, de joynture. Britt. c. 28. 
 It seems to be a mere extension of the four- 
 fold division of the Institutes; Aut re, 
 aut verbis, aut Uteris, aut consensu. Inst. 
 3. 14. 2. And see Dig. 44. 7. 52. 
 
 RE. FA. LO. An abbreviation of recordari 
 facias loquelam (q. v.) 
 
 REAL. 
 
 —At Common Law. A term which is ap- 
 plied to land in its most enlarged significa- 
 tion. "Real security," therefore, means the 
 security of mortgages or other incum- 
 brances affecting lands. 2 Atk. 806 ; 2 Ves. 
 Sr. 547. 
 
 In Civil Law. That which relates to a 
 
 thing, whether it be movable or immovable, 
 lands or goods; thus, a "real injury" is one 
 which is done to a thing, as a trespass to 
 property, whether it be real or personal, 
 in the common-law sense. A real statute 
 is one which relates to a thing, in contra- 
 distinction to such as relate to a person. 
 
 REAL ACTION. 
 
 In the Civil Law. One by which a per- 
 son seeks to recover his property which is 
 in the possession of another. Dig. 50. 16. 
 16. It is to be brought against the person 
 who has possession. 
 
 At Common Law. One brought for 
 
 the specific recovery of lands, tenements, or 
 hereditaments. Steph. PL 3. 
 
 They are droitural when they are based 
 upon the right of property, and possessory 
 when based upon the right of possession. 
 They are either writs of right; writs of 
 entry, which lie in the per, the per et cm, or 
 the post, upon disseisin, intrusion, or aliena- 
 tion; writs ancestral possessory, as mort 
 d'ancestor, aiel, besaiel, cosinage, or nuper 
 obiit. Comyn, Dig. "Actions" (D 2). 
 
 These actions were always local, and 
 were to be brought in the county where the 
 land lay. Bracton, J89, 414. They are 
 now pretty generally laid aside in practice, 
 upon account of the great nicety required 
 in their management, and the inconvenient 
 length of their process, — a much more ex- 
 peditious method of trying titles being since 
 introduced by other actions, personal and 
 mixed. See Stearns, Real Actions; Booth, 
 Real Actions; Bac. Abr. "Actions;" Comyn, 
 Dig. "Actions;" 3 Bl. Comm. 118. 
 
 REAL ASSETS. Lands or real estate in 
 the hands of an heir, chargeable with the 
 payment of the debts of the ancestor. 2 Bl. 
 Comm. 244, 302; 2 Williams, Ex'rs, 436. 
 See "Assets." 
 
 REAL BURDEN. In Scotch law. Where 
 a right to lands is expressly granted under 
 the burden of a specific sum, which is de- 
 clared a burden on the lands themselves, or 
 where the right is declared null if the sum 
 be not paid, and where the amount of the 
 sum, and the name of the creditor in it, can 
 be discovered from the records, the burden 
 is said to be real. Bell, Diet. 
 
 REAL CHATTELS. See "Chattel." 
 
 REAL CHYMIN (Law Fr.) In old English 
 law. The royal way; the king's highway 
 (regia via). Y. B. P. 6 Edw. III. 48. 
 
 REAL COMPOSITION. 'An agreement 
 made, in England, between the owner of 
 land and the incumbent of a parish, with 
 
REAL CONTRACT 
 
 854 
 
 REAL-ESTATE BROKER 
 
 the consent of the ordinary and the patron 
 of the living, that the land shall for the 
 future be discharged from payment of 
 tithes, by reason of some land or other real 
 recompense given in lieu and satisfaction 
 thereof. But since St. 13 Eliz. c. 10, no 
 real composition can be made for any 
 longer term than three lives, or twenty- 
 one years, and such compositions are now 
 rarely heard of. 2 Bl. Comm. 28. See 
 St. 2 & 3 Wm. IV. c. 100, § 2, making valid 
 all compositions confirmed in a certain 
 manner. 
 
 REAL CONTRACT. 
 
 A t Common Law. A contract respect- 
 ing real property. 3 Rawle (Pa.) 225. 
 
 In Civil Law. Those contracts which 
 
 require the interposition of a thing (rei) 
 as the subject of them; for instance, the 
 loan for goods to be "specifically returned." 
 
 Contracts are divided into those which 
 are formed by the mere consent of the 
 parties and therefore are called "consen- 
 sual," such as sale, hiring, and mandate, 
 and, those in which it is necessary that 
 there should be something more than mere 
 consent, such as the loan of money, deposit, 
 or pledge, which, from their nature, re- 
 quire the delivery of the thing, whence 
 they are called "real." Poth. Obi. p. 1, c. 
 1, § 1, art. 2. 
 
 REAL COVENANT. A covenant connect- 
 ed with a conveyance of realty, whereby an 
 obligation to pass something real is crea- 
 ted, or which is so connected with the realty 
 that he who has the latter is entitled to 
 the benefit of, or is bound to perform, the 
 former. Fitzh. Nat. Brev. 145; Shep. Touch. 
 161; Piatt, Gov. 60, 62. 
 
 A covenant which is so connected with 
 the realty as to apply to the owner thereof, 
 either In reference to benefit or obligation, 
 whether he be a party to the instrument 
 creating the covenant or not. 
 
 A covenant by which the obligor underr 
 takes to pass something real. Co. Litt. 
 384b; Stearns, Real Actions, 134. See 4 Kent, 
 Comm. 472. 
 
 A covenant by which the covenantor binds 
 his heirs. 2 Bl. Comm. 304. 
 
 Very considerable confusion exists 
 among the authorities in the use of the term 
 "real covenants." The definition of Black- 
 stone, which determines the character of 
 covenants from the insertion or noninser- 
 tion of the word "heir" by the covenantor, 
 is pretty generally rejected. See Piatt, 
 Cov. 61; 2 Bl. Comm. 304, note, 305, note. 
 Of the other definitions, that which makes 
 a real covenant an obligation to pass real- 
 ty is the most ancient. Upon such a cove- 
 nant the remedy was by voucher or war- 
 rantia chartae, and not by the action of 
 covenant. 
 
 Together with the disuse of real actions, 
 these covenants gave place to the more mod- 
 ern covenants which furnish the basis of a 
 personal action for damages, and the term 
 
 "real covenants" lost its ancient significa- 
 tion, and acquired its modem one, as given 
 in the latter part of the first and in the 
 second definition. The covenant to stand 
 seised approaches perhaps more nearly than 
 any covenant still in use to the ancient 
 real covenant. 
 
 Covenants are real only when they have 
 entered into the consideration for which 
 land, or some interest therein to which the 
 covenant is annexed, passed between the 
 covenantor and covenantee. 2 Washb. Real 
 Prop. 662, 663. 
 
 In England, all covenants for title are' 
 held to be real covenants; in the United 
 States, those only which are future in their 
 operation come under this description. 10 
 Ga. 311. 
 
 The object of these covenants is, usually, 
 either to preserve the inheritance, as to 
 keep in repair (3 Lev. 92; 9 Barn. & C. 505; 
 8 Cow. [N. Y.] 206; 17 Wend. [N. Y.] 148; 
 1 Ball. [U. S.] 210; 6 Yerg. [Tenn.] 512; 
 6 Vt. 276; 25 Pa. St. 257; 38 Eng. Law & 
 Eq. 462; to keep buildings insured, and 
 reinstate them if burned (Piatt, Cov. 185; 
 
 5 Barn. & Adol. 1; 6 Gill & J. [Md.] 372) ; 
 to continue the relation of landlord and 
 tenant, as to pay rent (5 East, 575; 1 
 Doug. 183; 1 Wash. C. C. [U. S.] 375; do 
 suit to the lessor's mill (5 Coke, 18; 1 Bam. 
 
 6 C. 410; grind the tenant's corn (2 Yeates 
 [Pa.] 74; 9 Vt. 91); for the renewal of 
 leases (12 East, 469) ; or to protect the ten- 
 ant in his enjoyment of the premises, as to 
 warrant and defend (Shep. Touch. 161; 2 
 Mass. 433; 5 Cow. [N. Y.] 137; 1 Paige, 
 Ch. [N. Y.] 455) ; to make further assur- 
 ance (Cro. Car. 503) ; for quiet enjoyment 
 (Cro. Eliz. 373; 3 Barn. & Aid. 392; 1 C. 
 B. 402; 1 Dev. & B. [N. C] 94; 23 Me. 
 383) ; never to claim or assert title (7 Me. 
 97; 3 Mete. [Mass.] 121) ; to remove in- 
 cumbrances (17 Mass. 586) ; to release suit 
 and service (Co. Litt. 384b) ; to produce 
 title deeds in defense of the grantee's title 
 (4 Greenl. Cruise, Dig. 393; 10 Law Mag. 
 353-357; 1 Sim. & S. 449) ; to supply water 
 to the premises (4 Barn. & Aid. 266) ; to 
 draw water off from a mill pond (19 Pick. 
 [Mass.] 449) ; not to establish another mill 
 on the same stream (17 Weijd. [N. Y.] 
 136) ; not to erect buildings on adjacent 
 land (4 Paige, Ch. [N. Y.] 510); to use 
 the land in a specified manner (13 Sim. 
 228) ; generally to create or preserve ease- 
 ments for the benefit of the land granted 
 (4 E. D. Smith [N. Y.] 122; 1 Brandf. 
 [N. Y.] 40; 2 Greenl. Ev. § 240; 2 Washb. 
 Real Prop. 648). See "Covenant." 
 
 REAL ESTATE. Landed property, Includ- 
 ing all estates and interests in lands which 
 are held for life or for some greater estate, 
 and whether such lands be of freehold or 
 copyhold tenure. Wharton. 
 
 REAL-ESTATE BROKER. One who en- 
 gages in the purchase and sale of real es- 
 tate as a b^siness and occupation, and so 
 
REAL EVIDENCE 
 
 855 
 
 REAL RIGHT 
 
 holds himself out to the public in that char- 
 acter and capacity. 
 
 REAL EVIDENCE. All eyidence of which 
 things (or persons regarded as things) is 
 the source; evidence arising from physical 
 indications or appearances. Thus, the pro- 
 duction of a dead body is real evidence of 
 the corpiis delicti, 
 
 REAL INJURY. In the civil law. An In- 
 jury arising from an unlawful act, as dis- 
 tinguished from a verbal injury, which was 
 done by words. Halifax, Civ. Law, bk. 2, 
 c. 15, notes 3, 4. 
 
 REAL LAW. 
 
 At Common Law. A popular term 
 
 used to denote such parts of the system of 
 common law as concern or relate to real 
 property. 
 
 In Civil Law. A law which^relates to 
 
 specific property, whether movable or im- 
 movable. 
 
 If real law in any given case relate to 
 immovable property, it is limited in its op- 
 eration to the territory within which that 
 is situate, real estate being, both by the 
 common and continental laws, subject ex- 
 clusively to the laws of the government 
 within whose territory it is situate. Story, 
 Confl. Laws, 426, 428. See "Lex Rei Sitae." 
 
 REAL PARTY. Practice statutes frequent- 
 ly require that actions be brought in the 
 name of the "real party in interest." As 
 so used, the term means the person having 
 the real beneficial interest in the obligation 
 sued on. Thus, the assignee of a demand 
 is the real party in interest (68 N. Y. 30), 
 as is the person for whose benefit a con- 
 tract is made by another (138 N. Y. 468; 
 112 N. Y. 1). 
 
 REAL PROPERTY. Something which may 
 be held by tenure, or will pass to the heir 
 of the possessor at his death, instead of 
 his executor, including lands, tenements, 
 and hereditaments, whether the latter be 
 corporeal or incorporeal. 1 Atk. Conv. 
 
 In respect to property, "real" and "per- 
 sonal" correspond very nearly with "im- 
 movables" and "movables" of the civil law. 
 By the latter, "biens" is a general term for 
 property; and these are classified into mov- 
 able and immovable, and the latter are 
 subdivided into corporeal and incorporeal. 
 Guyot, Rep. Univ. "Biens." 
 
 By "immovables" the civil law intended 
 property which could not be removed at 
 all, or not without destroying the same, to- 
 gether with such movables as are fixed to 
 the freehold, or have been so fixed and are 
 intended to be again united with it, al- 
 though at the time severed therefrom, Tayl. 
 Civ. Law, 475. 
 
 The same distinction and rules of law as 
 to the nature and divisions of property are 
 adopted in Scotland, where, as by the Ro- 
 man law, another epithet is applied to im- 
 movables. They are called "heritables," and 
 
 go to the heir, as distinguished from "mov- 
 ables," which go to executors or adminis- 
 trators. So, rights connected with or af- 
 fecting heritable property, such as tithes, 
 servitudes, and the like, are themselves 
 heritable, and in this it coincides with the 
 common law, Ersk. Inst. 192. 
 
 In another respect, the Scotch coincides 
 with the common law, in declaring growing 
 crops of annual planting and culture not to 
 be heritable, but to go to executors, etc., 
 although so far a part of the real estate 
 that they would pass by a conveyance of 
 the land. Ersk. Inst. 193; Williams, Ex'rs, 
 600. 
 
 Though the term "real," as applied to 
 property, in distinction from "personal," is 
 now so familiar, it is one of a somewhat 
 recent introduction. While the feudal law 
 prevailed, the terms in use in its stead were 
 "lands," "tenements," or "hereditaments;" 
 and these acquired the epithet of "real" 
 from the nature of the remedy applied by 
 law for the recovery of tliem, as distinguish- 
 ed from that provided in case of injuries, 
 contracts broken, and the like. In the one 
 case, the claimant or demandant recovered 
 the real thing sued for, — the land itself, — 
 while, ordinarily, in the other he could only 
 recover recompense in the form of pecun- 
 iary damages. 
 
 The term, it is said as a means of desig- 
 nation, did not come into general use until 
 after the feudal system had lost its hold, 
 nor till even as late as the commencement 
 of the seventeenth century. One of the 
 earliest cases in which the courts applied 
 the distinctive terms of "real" and "per- 
 sonal" to estates, without any words of 
 explanation, is _ said, to have been that of 
 Wind c. Jekyr'(A. D. 1719) 1 P. Wms, 
 575; Williams, Real Prop. 6, 7. See 
 "Land;" "Tenement;" "Hereditaments;" 
 "Fixtures." 
 
 REAL REPRESENTATIVE. He who rep- 
 resents or stands in the place of another 
 vidth respect to his real property is so 
 termed, in contradistinction to him who 
 stands in the place of another with regard 
 to his personal property, and who is termed 
 the "personal representative." Thus, the 
 heir is the real representative of his de- 
 ceased ancestor, and the executor or admin- 
 istrator is the personal representative. 
 
 REAL RIGHT. In Scotch law. That which 
 entitles him who is vested vrith it to pos- 
 sess the subject as his own, and, if in the 
 possession of another, to demand from him 
 its actual possession. 
 
 It is distinguished from a personal right, 
 which is that of action against a debtor, 
 but without any right in the subject which 
 the debtor is obliged to transfer to him. 
 Real rights affect the subject itself; per- 
 sonal rights are founded in obligation. Ersk. 
 Inst. 479. 
 
 By analogy, the right which a claimant 
 in an action of replevin seeks to enforce at 
 
REAL SECURITY 
 
 856 
 
 REASSURANCE 
 
 common law would be a real one, while the 
 compensation which a plaintiff seeks in an 
 action of assumpsit or of trover, being a 
 pecuniary one, would be personal. 
 
 REAL SECURITY. Security consisting of 
 a lien on realty. 
 
 REAL SERVITUDE. Praedlal servitude 
 (g. v.). 
 
 REAL STATUTES. In the civil law. Stat- 
 utes which have property for their princi- 
 pal object, and do not speak of persons, 
 except in relation to property. Story, Confl. 
 Laws, § 13. 
 
 REAL THINGS, or THINGS REAL. In 
 common law. Such things as are perma- 
 nent, fixed, and immovable, which cannot 
 be carried out of their place; as lands and 
 tenements. 2 Bl. Comm. 15. Things sub- 
 stantial and immovable, and the rights and 
 profits annexed to or issuing out of them. 
 1 Steph. Comm. 156. This expression is in 
 strictness clearly pleonastic, the sense of 
 thing (res) being already implied in the 
 word "real," as will at once appear by giv- 
 ing it a Latin form, res reales. 
 
 REAL WARRANDICE. In Scotch law, an 
 enfeoffment of one tenement given in se- 
 curity of another. 
 
 REAL WRONG. In old English law. An 
 injury to the freehold. 
 
 REALITY. In foreign l^w. That quality of 
 laws which concerns property or things 
 (quae ad rem spectant) . Story, Confl. Laws, 
 § 16. See "Personalty." 
 
 REALM. A kingdom; a country. 1 Taunt. 
 270; 4 Campb. 289; Rose, 387. 
 
 REALTY. A term sometimes used as a col- 
 lective noun for real property or estate, — 
 more generally to imply that that of which 
 it is spoken is of the nature or character 
 of real property or estate. 
 
 The quality of being real, or relating to 
 lands and tenements; things real. 1 Steph. 
 Comm. 156. 
 
 REASONABLE ACT. This term signifies 
 such an act as the law requires. When an 
 act is unnecessary, a party will not be re- 
 quired to perform it as a reasonable act. 9 
 Price, 43; Yelv. 44; Piatt, Gov. 342, 157; 
 42 Mo. 88. 
 
 REASONABLE AID. The ordinary or cus- 
 tomary aids were so termed. See "Aids." 
 
 REASONABLE AND PROBABLE CAUSE. 
 A term sometimes used to express the cause 
 which will justify the institution of a crim- 
 inal prosecution. It does not appear to dif- 
 fer in meaning from "probable cause," 
 which is the more usual expression. 97 tJ. 
 S. 642. See "Probable Cause." 
 
 REASONABLE CARE. Such care and dili- 
 gence as an ordinarily prudent man would 
 
 exercise under the same circumstances. It 
 is synonymous with "ordinary care." 34 
 Wis. 318; 79 Ga. 44. 
 
 The term is altogether a relative one, 
 dependent on ^he circumstances, and the 
 nature of the duty owed. See 25 Md. 521, 
 
 REASONABLE CERTAINTY. To estab- 
 lish a fact to a reasonable certainty re- 
 quires that degree of proof of certainty 
 which the jurors would be willing to act 
 upon in their own grave and important 
 concerns; that is, the degree of proof should 
 be such that the fact is established beyond 
 a reasonable doubt. "A reasonable doubt" 
 and "reasonable certainty" and "moral cer- 
 tainty" mean one and the same thing. 72 
 111. App. 579. 
 
 REASONABLE DOUBT. "The term 'rea- 
 sonable doubt' is almost incapable of any 
 definition which will add much to what the 
 words themselves imply." Mitchell, J., in 
 38 Minn. 439. 
 
 The most commonly quoted definition is 
 that of Chief Justice Shaw: "An abiding 
 conviction to a moral certainty" (5 Cush. 
 [Mass.] 320) ; but it has been held that 
 "moral certainty is not equivalent to an ab- 
 sence of reasonable doubt" (47 Ala. 78). It 
 has been defined by negation as not a vague 
 or whimsical doubt (34 Iowa, 520), not a 
 mere conjecture (36 Ala. 211), etc. A prac- 
 tical definition upheld in some jurisdic- 
 tions is that it is such a doubt as would 
 cause a man to hesitate before acting in 
 his own most important business concerns 
 (10 Minn. 407) ; but this has been disap- 
 proved (1 Dak. 452), and, in general, no 
 affirmative equivalent has ever been given 
 which has not been disapproved in another 
 jurisdiction, 
 
 , REASONABLE PART. In old English law. 
 That share of a man's goods which the law 
 gave to his wife and children after his de- 
 cease. Pitzh. Nat. Brev, 122. 
 
 REASONABLE TIME. The term is entire- 
 ly relative and dependent on circumstances. 
 "Quam longum debet esse rationabile tern,' 
 pus non definitur in lege, sed pendet ex 
 discretione justiciariorum." Co. Litt. 50. 
 
 So much time as is necessary under the 
 circumstances for a reasonably prudent and 
 diligent man to do, conveniently, what the 
 contract or duty requires should be done, 
 having a regard for the rights and possi- 
 bility of loss, if any, to the other party to 
 be affected. 126 Ark. 38, 189 S, W. 361, Ann. 
 Gas. 1917 E 621. 
 
 REASONABLY, The adverb reasonably, 
 whatever it may originally have meant, as 
 now used, qualifies the condition of things 
 as well as the conduct of persons. One of 
 its definitions is, "in a moderate degree 
 not fully, moderately, tolerably." 8 111. 
 App. 610, 
 
 REASSURANCE. When an Insurer is de- 
 sirous of lessening his liability, he may 
 
REATTACHMENT 
 
 857 
 
 RECEIPTOR 
 
 procure some other insurer to insure him 
 from loss, for the insurance he has ipade. 
 This is called "reassurance." 
 
 REATTACHMENT. A second attachment 
 of him who was formerly attached, and dis- 
 missed the court without day, by the not 
 coming of the justices, or some such cas- 
 ualty. Reg. Grig. 35. 
 
 REBATE. In mercantile law. Discount; 
 the abatement of interest in consequence of 
 prompt payment; the repayment of a part 
 on compliance with some condition. 
 
 REBEL. A citizen or subject who unjustly 
 and unlawfully takes up arms against the 
 constituted authorities of the nation, to de- 
 prive them of the supreme power, either by 
 resisting their lawful and constitutional or- 
 ders in some particular matter, or to im- 
 pose on them conditions. Vattel, liv. 3, 
 f 328. In another sense, it signifies a re- 
 fusal to obey a superior, or the commands 
 of a court. 
 
 REBELLION. In criminal law. The tak- 
 ing up arms traitorously against the gov- 
 ernment; the forcible opposition and resist- 
 ance to the laws and process lawfully is- 
 sued. 
 
 If the rebellion amount to treason, it is 
 punished by the laws of the United States 
 with death. If it be a mere resistance of 
 process, it is generally punished by fine and 
 imprisonment. See Dalloz; Pen. Code, 209. 
 
 REBELLION, COMMISSION OF. In old 
 
 English practice. A writ issuing out of 
 
 chancery to compel the defendant to ap- 
 pear. 
 
 REBELLIOUS ASSEMBLY. A gathering 
 of twelve persons or more, .intending, go- 
 ing about, or practicing unlawfully and of 
 their own authority to change any laws of 
 the realm; or to destroy the inclosure of 
 any park or ground inclosed, banks of fish 
 ponds, -oneys in any warren, dove houses, 
 the same shall remain void, or that they 
 shall have way in any of the said grounds; 
 or to destroy the deer in any park, fish in 
 ponds, conveys in any warren, dove houses, 
 etc.; or to burn sacks of corn; or to abate 
 rents or prices of victuals, etc. See Cowell. 
 
 REBOUTER. To repel or bar. The action 
 of the heir by the warranty of his ancestor 
 is called "rebut" or "repel." 
 
 REBUS SIC STANTIBUS (Lat.) At this 
 point of affairs; in the condition of things. 
 
 REBUT. To contradict; to do away. Thus, 
 every homicide is presumed to be murder 
 unless the contrary appears from evidence 
 which proves the death; and this presump- 
 tion it lies on the defendant to rebut, by 
 showing that it was justifiable or excusable. 
 Alls. Sc. Crim. Law, 48. 
 
 REBUTTABLE PRESUMPTION. In the 
 law of evidence. A presumption which 
 
 may be rebutted by evidence. Otherwise 
 called a "disputable" presumption. A 
 species of legal presumption which holds 
 good until disproved. Best, Pres. § 25 ; 1 
 Greenl. Ev. §33. 
 
 REBUTTER. In pleading. The defend- 
 ant's third pleading, being his answer to 
 the surrejoinder. 
 
 REBUTTING EVIDENCE. That evidence 
 which is given by a party in the cause to 
 explain, repel, counteract, or disprove facts 
 given in evidence on the other side. The 
 term "rebutting evidence" is more particu- 
 larly applied to that evidence given by the 
 plaintiff to explain or repel the evidence 
 given by the defendant. 
 
 RECALL A JUDGMENT. To reverse a 
 judgment on a matter of fact. The judg- 
 ment is then said to be recalled or revoked; 
 and when it is reversed for an error of 
 law, it is said simply to be reversed, quod 
 judicium reversetur. 
 
 RECAPTION. The act of a person who 
 has been deprived of the custody of another, 
 to which he is legally entitled, by which he 
 peaceably regains the custody of such per- 
 son; or of the owner of personal or real 
 property, who has been deprived of his pos- 
 session, by which he peaceably retakes pos- 
 session. 
 
 The rule of law is that one who has 
 been wrongfully deprived of a person to 
 whose custody he has a right (3 Bl. Comm. 
 4; 15 Barb. [N. Y.] 590; 13 Pick. [Mass.] 
 36; 19 Ga. 27), or of property, real or 
 personal, to the possession of which he 
 is entitled (11 N. H. 540; 13 Wend. [N. Y.] 
 256; 25' Vt. 620; 18 Minn. 355; 5 Watts 
 [Pa.] 543), may, without legal process, re- 
 take the same wherever he may find it, 
 if he can do so without a breach of the 
 peace (11 Pick. [Mass.] 387; 73 N. Y. 529), 
 though it is held in England (10 C. B. 
 [N. S.] 713), and in some states (6 Rand. 
 [Va.] 457; 59 111. 234), that so much force 
 as is necessary may be used. 
 
 RECAPTURE. The recovery from the 
 enemy, by a friendly force, of a prize by 
 him captured. 
 
 RECEDITUR A PLACITIS JURIS, POTI- 
 us quam injuriae et delicta maneant im- 
 punita. Positive rules of law will be receded 
 from rather than crimes and wrongs 
 should remain unpunished. Bac. Max. reg. 
 12; Broom, Leg. Max. (3d London Ed.) 9. 
 This applies only to such maxims as are 
 called placita juris. These will be dis- 
 pensed with rather than crimes should go 
 unpunished, quia salus populi suprema lex, 
 because the public safety is the supreme 
 law. 
 
 RECEIPTOR. In Massachusetts. A name 
 given to the person who, on a trustee pro- 
 cess being issued and goods attached, be- 
 comes surety to the sheriff to have them 
 
RECEIVER 
 
 858 
 
 RECHATE 
 
 forthcoming on demand, or in time to re- 
 spond the judgment, when the execution 
 shall be issued; upon which the goods are 
 bailed to him. Story, Bailm. § 124. See 
 "Attachment." 
 
 RECEIVER. One who receives money to 
 the use of another to render an account. 
 Story, Eq. Jur. § 446. 
 
 A person standing indifferent between 
 the parties, who is appointed by the court 
 to take the charge and management of 
 property pending litigation, or for the ben- 
 efit of the persons who may ultimately be 
 entitled to it. 16 Wend. (N. Y.) 421; 80 
 111. 468. 
 
 Receivers are appointed in various pro- 
 ceedings and for various special purposes, 
 but the general design of a receiver is to 
 hold and protect the subject of litigation, 
 whether it be specific property, or the as- 
 sets of an insolvent. 
 
 RECEIVER GENERAL OF THE DUCHY 
 
 of Lancaster. An officer of the duchy court, 
 who collects all the revenues, fines, forfeit- 
 ures, and assessments within the duchy. 
 
 RECEIVER GENERAL OF THE PUBLIC 
 revenue. In English law. An officer ap- 
 pointed in every county to receive the taxes 
 granted by parliament, and remit the 
 money to the treasury. 
 
 RECEIVER OF THE FINES. An English 
 officer who receives the money from per- 
 sons who compound with the crown on orig- 
 inal writs sued out of chancery. Wharton. 
 
 RECEIVERS AND TRIERS OF PETI- 
 
 tlons. The mode of receiving and trying pe- 
 titions to parliament was formerly judicial 
 rather than legislative, and the triers were 
 committees of prelates, peers, and judges, 
 and, latterly, of the members generally. 
 Brown. 
 
 RECEIVERS' CERTIFICATES. Certifi- 
 cates of indebtedness issued by a receiver, 
 as surety for money borrowed, to carry 
 on the receivership. They are usually 
 made a first lien on the property. See 117 
 U. S. 434. 
 
 RECEIVERS OF WRECK. Persons ap- 
 pointed by the English board of trade. 
 The duties of a receiver of wreck are to 
 take steps for the preservation of any 
 vessel stranded or in distress within his 
 district; to receive and take possession of 
 all articles washed on shore from the ves- 
 sel; to use force for the suppression of 
 plunder and disorder ; to institute an exami- 
 nation on oath with respect to the vessel; 
 and, if necessary, to sell the vessel, cargo, 
 or wreck. Merch. Ship. Act 1854, § 439 
 et seq. 
 
 RECEIVING STOLEN GOODS. The of- 
 fense of receiving stolen goods, knowing 
 them to have been stolen. 
 
 (1) The property must have been re- 
 ceived, but constructive receipt is sufficient 
 
 (95 N. C. 626; 6 Cox, C. C. 353), and at 
 common law it must have been received 
 from the thief (13 Ired. [N. C] 338) ; but 
 under the statutes, the rule seems other- 
 wise (38 Fla. 3; 52 Neb. 727). (2) The 
 property must have been, at the time, stolen 
 property in fact and law. 9 Cush. 284. 
 (3) The receiver must know at the time 
 that it was stolen (78 N. C. 491; 60 111. 
 119), but knowledge of circumstances from 
 which any man of ordinary observation 
 could have known that it was stolen is 
 enough (33 Ala. 434; 96 Iowa, 299). (4) 
 The property must be received with fraud- 
 ulent intent, but the intent need not be 
 lucri causa, an intent to aid the thief be- 
 ing sufficient. 101 111. 16; 26 Tex. App. 
 205. An intent to hold for a reward is 
 a fraudulent intent. 37 Ohio St. 63. 
 
 RECENS SECTA (or INSECUTIO) (Law 
 Lat.) In old English law. Fresh suit; 
 fresh pursuit; pursuit of a thief immedi- 
 ately after the discovery of the robbery. 
 1 Bl. Comm. 297. 
 
 RECEPTUS (Lat.) In civil law. The name 
 sometimes given to an arbitrator, because 
 he had been received or chosen to settle the 
 differences between the parties. Dig. 4. 8; 
 Code, 2. 56. 
 
 RECESSION. A regrant; the act of a re- 
 turning the title of a country to a govern- 
 ment which formerly held it, by one which 
 has it at the time; as, the recession of 
 Louisiana, which took place by the treaty 
 between France and Spain, of October 1, 
 1800. See 2 White, Coll. 516. 
 
 RECESSUS (Lat. from recedere, to go 
 back). In old English law. A going from; 
 a going off or out of land. Cum libera ac- 
 cessu et recessu, with free access and re- 
 cess [ingress and egress]. Bracton, fol. 
 231b. 
 
 RECESSUS MARIS (Lat.) In old English 
 law. A going back; reliction or retreat of 
 the sea. Hale de Jur. Mar. par. 1, c. 6. 
 
 RECETOUR, or RECETTOUR (Law Fr.) 
 In old English law. A receiver or harborer 
 of a felon; an accessary after the fact. 
 Britt. c. 24; One who received and con- 
 cealed a returned outlaw. Id. c. 12. 
 
 RECETTEMENT (Law Fr.) In old Eng- 
 lish law. Receiptment; the receiving and 
 harboring a felon. Del consentment ou del 
 recettement de ceux felons a escient, of con- 
 senting to or harboring such felons know- 
 ingly. Britt. c. 1. 
 
 RECHASER (Law Fr.) TO drive back. Y. 
 B. M. 11 Hen. VI. 4. 
 
 RECHATE (Law Fr.) Ransom. Faire re- 
 chat' du char et du saunk, to make ransom 
 of flesh and of blood. Y. B. M. 7 Edw. II. 
 214. 
 
RECHATER 
 
 859 
 
 RECOMMENDATION 
 
 RECHATER (Law Fr.) To ransom; to buy 
 back. Eelham. 
 
 RECIDIVE. In French law. The state of 
 an individual who commits a crime or mis- 
 demeanor, after having once been con- 
 demned for a crime or misdemeanor; a re- 
 lapse. 
 
 Many statutes provide that, for a sec- 
 ond offense, punishment shall be increased. 
 In those cases the indictment should set 
 forth the crime or misdemeanor as a sec- 
 ond offense. 
 
 The second offense must have been com- 
 mitted after the conviction for the iirst. 
 A defendant could not be convicted of a 
 second offense, as such, until after he had 
 suffered a punishment for the first. Dal- 
 loz. 
 
 RECIPROCAL CONTRACT. In civil law. 
 One by which the parties enter into mutual 
 engagements. 
 
 They are divided into perfect and im- 
 perfect. When they are perfectly recipro- 
 cal, the obligation of each of the .parties 
 is equally a principal part of the contract, 
 such as sale, partnership, etc. Contracts 
 imperfectly reciprocal are those in which 
 the obligation of one of the parties only 
 is a principal obligation of the contract; 
 as, mandate, deposit, loan for use, and the 
 like. In all reciprocal contracts, the con- 
 sent of the parties must be expressed. 
 Poth. Obi. note 9 ; Civ. Code La. arts. 1758, 
 1759. 
 
 RECIPROCITY. Mutuality; state, quality, 
 or character of that which is reciprocal. 
 
 RECITAL. The repetition of some former 
 writing, or the statement of something 
 which has been done. It is useful to ex- 
 plain matters of fact which are necessary 
 to make the transaction intelligible. 2 Bl. 
 Comm. 298. 
 
 In Contracts. The preliminary state- 
 ment of facts explanatory of the purpose 
 for which the contract is made, or the 
 reasons which led to its execution. 
 
 In Pleading. A statement of matter 
 
 introductory to an averment. 
 
 RECLAIM. To demand again; to Insist 
 upon a right, as, when a defendant for a 
 consideration received from the plaintiff 
 has covenanted to do an act, and fails to 
 do it, the plaintiff may bring covenant for 
 the breach, or assumpsit to reclaim the 
 consideration. 1 Caines (N. Y.) 47. 
 
 RECLAIMING BILL. In Scotch law. A 
 petition for review of an interlocutor, pro- 
 nounced in a sheriff's or other inferior 
 court. It recites verbatim the interlocutor, 
 and, after a written argument, ends with 
 a prayer for the recall or alteration of the 
 interlocutor, in whole or in part. Bell, 
 Diet. "Reclaiming Petition;" Shaw, Dig. 
 394. 
 
 RECOGNITION, Adoption; ratification (g. 
 V.) An acknowledgment that something 
 which has been done by one man in the 
 name of another was done by authority of 
 the latter. 
 
 A recognition by the principal of the 
 agency of _ another in the particular in- 
 stance, or in similar instances, is evidence 
 of the authority of the agent, so that the 
 recognition may be either express or im- 
 plied. As an instance of an implied rec- 
 ognition may be mentioned the case of 
 one who subscribes policies in the name 
 of another, and, upon a loss happening, the 
 latter pays the amount. 1 Campb. 43, note 
 (a); 4 Campb. 88; 1 Esp. 61. 
 
 RECOGNITIONE ADNULLANDA PER 
 
 vim et durltiam facta. A writ to the justices 
 of the common bench for sending a record 
 touching a recognizance, nvhich the rec- 
 ognizor suggests was acknowledged by 
 force and duress; that if it so appear the 
 recognizance may be annulled. Reg. Orig. 
 183. 
 
 RECOGNITORS. In English law. The 
 name by which th^ jurors impaneled on 
 an assize are known. 17 Serg. & R. (Pa.) 
 174. 
 
 RECOGNIZANCE. An obligation of rec- 
 ord, entered into before a court or officer 
 duly authorized for that purpose, with a 
 condition to do some act required by law, 
 which is therein specified. 2 Bl. Comm. 
 341; 53 111. 436; 68 111. App. 203. 
 
 The liability of bail above in civil cases, 
 and of the bail in all cases in criminal 
 matters, must be evidenced by a recogni- 
 zance, as the sheriff has no power to dis- 
 charge upon a bail bond being given to 
 him in these cases. See 4 Bl. Comm. 297. 
 
 RECOGNIZE. To try; to examine In order 
 to determine the truth of a matter. 3 Bl. 
 Comm. Append. No. III. § 4 ; Bracton, 179. 
 
 To enter into a recognizance. 
 
 RECOGNIZEE. He for whose use a recog- 
 nizance has been taken. 
 
 RECOGNIZOR. He who enters into a rec- 
 ognizance. 
 
 RECOLEMENT. In French law. The read- 
 ing and re-examination by a witness of a 
 deposition, and his persistence in the same, 
 or his making such alteration as his bet- 
 ter recollection may enable him to do after 
 having read his deposition. Without such 
 re-examination, the deposition is void. 
 Poth. Proc. Crim. § 4, art. 4. 
 
 RECOMMENDATION. A commendatory 
 account given by a person of another to a 
 third person. 
 
 In Feudal Law. A transfer of allodial 
 
 lands by the owner to the king, and the re- 
 turn of the same to be held on feudal 
 tenure. 
 
RECOMMENDATORY 
 
 860 
 
 RECORD, COURTS OP 
 
 RECOMMENDATORY. Advisory. "Preca- 
 tory" is the more usual term. 
 
 RECOMPENSATION. In Scotch law. An 
 allegation by the plaintiff of compensation 
 on his part, made in answer to a compensa- 
 tion or set-off pleaded by the defendant in 
 answer to the plaintiff's demand. 
 
 RECOMPENSE. A reward for seryices; 
 remuneration for goods or other properly. 
 
 In maritime law, there is a distinction 
 between "recompense" and "restitution." 
 When goods have been lost by jettison, if 
 at any subsequent period of the voyage the 
 remainder of the cargo be lost, the owner 
 of the goods lost by jettison cannot claim 
 restitution from the owners of the other 
 goods; but in the case of expenses in- 
 curred with a view to the general benefit, 
 it is clear that they ought to be made 
 good to the party, whether he be an agent 
 employed by the master in a foreign port, 
 or the shipowner himself. 
 
 RECOMPENSE OF RECOVERY IN 
 value. A phrase applied to the matter re- 
 covered in a common recovery, after the 
 vouchee has disappeared, and judgment is 
 given for the demandant. 2 Bouv. Inst. 
 note 2093. 
 
 RECONDUCTION. In civil law. A renew- 
 ing of a former lease; relocation. Dig. 19. 
 2. 13. 11; Code Nap. arts. 1737-1740. 
 
 RECONTINUANCE. This word seems to 
 be used to signify that a person has re- 
 covered an incorporeal hereditament of 
 which he had been wrongfully deprived. 
 Thus, "A. is disseised of a manner, where- 
 unto an advowson is appendant, an 
 estranger [i. e., neither A. nor the dis- 
 seisor] usurpes to the advowson; if the 
 disseisee [A.] enter into the manner, the 
 advowson is recontinued again, which was 
 severed by the usurpation. * * * And so 
 note a diversitie between a recontinuance 
 and a remitter; for a remitter cannot be 
 properly, unless there be two titles; but 
 a recontinuance may be where there is but 
 one." Co. Litt. 363b. 
 
 RECONVENIRE (Lat.) In the canon and 
 civil law. To make a cross demand upon 
 the actor or plaintiff. 4 Reeve, Hist. Eng. 
 Law, 14, and note (r). 
 
 RECONVENTIO (Lat. from reconvenire, 
 q. V.) In the civil and canon law. A 
 cross demand by the reus (defendant) 
 upon the actor (plaintiff) ; a proceeding in 
 the nature of a cross bill in equity. Hali- 
 fax, Anal. bk. 3, c. 1, note 40; Calv. Lex.; 
 Fleta, lib. 4, c. 22, §9; Gilb. For. Rom. 
 45, 46; Story, Eq. PI. §402. Considered 
 to be the origin of a cross bill. Id. 
 
 RECONVENTION. 
 
 — In the Civil Law. A species of cross 
 bill. Story, Eq. PI. §402. 
 In Louisiana and Texas. A plea in the 
 
 nature of set-off, by which any matter 
 connected with or incident to the subject 
 of the main action may be asserted. See 
 11 La. 309; 5 Tex. 502. 
 
 RECONVERSION. That imaginary pro- 
 cess by which a prior constructive conver- 
 sion is annulled, and the converted prop- 
 erty restored, in contemplation of law, to 
 its original state. Rapalje & L. 
 
 RECOPILACION DE INDIAS (Spanish). A 
 collection of Spanish colonial law, promul- 
 gated A. D. 1680. See Schmidt, Civ. Law, 
 introd. 94. 
 
 RECORD. Record, in its broadest sense, 
 is a written memorial, public or private, 
 of what has been said or done. It is ordi- 
 narily applied to public records only, in 
 which sense it is a written memorial made 
 by a public officer, judicial, legislative, or 
 executive, authorized by law to perform 
 that function, and intended to serve as evi- 
 dence of something written, said, or done. 
 6 Call (Va.) 78; 1 Dana (Ky.) 595; 49 
 Maine 345; 101 111. App. 490. 
 
 Any record required by law to be kept 
 by an officer, or which he keeps as neces- 
 sary or convenient to the discharge of his 
 official duty, is a public 'record. 15 Wall. 
 (U. S.) 123; 123 Ind. 197; 1 Pa. St. 224. 
 
 A judicial record is the written mem- 
 orial of proceedings had in court, kept by 
 the proper officers of the court. 
 
 The common-law record was an enroll- 
 ment of the pleadings, a statement in for- 
 mal language of each proceeding had in 
 the progress of the cause, and the judg- 
 ment. Steph. PI. 61. 
 
 The more common modern practice is to 
 file the pleadings, etc., with the clerk's en- 
 tries of proceedings on the trial without 
 enrollment. 
 
 In Appellate Practice. The term "rec- 
 ord" is used in two senses, as comprising, 
 generally, all the matters certified and 
 transmitted by the lower court to show the 
 proceedings therein, and in a more limited 
 sense as signifying only the record proper, 
 and not the abstract or bill of exceptions. 
 In this limited sense, it includes the plead- 
 ings (22 111. 326), the process, and the re- 
 turn thereof (22 Me. 442), the verdict" (60 
 111. App. 580) or findings (34 Minn. 330), 
 and judgment (60 111. App. 580), but not 
 the clerk's minutes (94 N. Y. 508), the 
 opinion of the court below (140 111. 637), 
 interlocutory motions or orders (82 Ind. 
 624; 109 111. 245), the evidence (23 Mich. 
 526; 91 U. S. 127), though documentary (87 
 Ind. 221), nor the instructions (72 U. S. 
 663; 119 Ind. 35). 
 
 RECORD, CONVEYANCES BY. Extraor- 
 dinary assurances; as private acts of par- 
 liament, and royal grants. 
 
 RECORD, COURTS OF. Those whose ju- 
 dicial acts and proceedings are enrolled in 
 parchment, for a perpetual memorial and 
 testimony, which rolls are called the "rec- 
 
RECORD, DEBTS OP 
 
 861 
 
 RECOUPMENT 
 
 ords of the court," and are of such high 
 and supereminent authority that their truth 
 is not to be called in question. Every court 
 of record has authority to fine and im- 
 prison for contempt of its authority. 3 
 Broom & H. Comm. 21, SO. See "Court." 
 
 RECORD, DEBTS OF. Those which ap- 
 pear to be due by the evidence of a court of 
 record; such as a judgment, repognizance, 
 etc. 2 Broom & H. Comm. 665. 
 
 RECORD OF NISI PRIUS. In English 
 law. A transcript from the issue roll. It 
 contains a copy of the pleadings and issue. 
 Steph. PI. 105. 
 
 RECORD, TRIAL BY. See "Trial." 
 
 RECORDA SUNT VESTIGIA VETUSTA- 
 tis et veritatis. Records are vestiges of an- 
 tiquity and truth. 2 RoUe, 296. 
 
 RECORDARI. A writ in vogue in North 
 Carolina to bring up the proceedings of a 
 justice of the peace into a court of record. 
 It is an adoption of the English vrrit, Re- 
 cordari facias loquelam (q. v.). It is used 
 to review matters apparent of record, or 
 when the remedy by appeal is lost without 
 the fault of the party, its general nature 
 and scope being similar to that of certi- 
 orari. See 65 N. C. 211; 82 N. C. 236; 89 
 N. C. 198. 
 
 RECORDARI FACIAS LOQUELAM (Lat.) 
 In English practice. A writ commanding 
 the sheriff that he cause the plaint to be 
 recorded which is in his county, without 
 writ, between the parties there named, of 
 the cattle, goods, and chattels of the com- 
 plainant taken and unjustly distrained as 
 it is said, and that he have the said record 
 before the court on a day therein named, 
 and that he prefix the same day to the 
 parties, that then they may be there ready 
 to proceed in the same plaint. 2 Sellon, 
 Prac. 166. 
 
 RECORDATUR (Lat.) An order or allow- 
 ance that the verdict returned on the nisi 
 prius roll be recorded. Bac. Abr. "Arbitra- 
 tion," etc. (D). 
 
 RECORDER. A judicial officer of some 
 cities, possessing generally the powers and 
 authority of a judge. 3 Yeates (Pa.) 300; 
 4 Dall. (Pa.) 299. But see 1 Const. (S. 
 C.) 45. 
 
 The recorder in New York city was the 
 chief judge of the criminal courts. There 
 were recorders in various other cities in New 
 York state, and also in the counties thereof, 
 having various powers. See Rev. St. N. _Y. 
 
 Anciently, "recorder" signified to recite 
 or testify on recollection, as occasion might 
 require, what had previously passed in 
 court; and this was the duty of the judges, 
 thence called "recordeurs." Steph. PL 
 note 11. 
 
 An ofiicer appointed to make record or 
 enrollment of deeds and other legal in- 
 
 struments authorized by law to be re- 
 corded. 
 
 RECOUPE, or RECOUP (from Law Fr. 
 reeouper, to cut again, or to cut out and 
 keep back). To diminish a claim for dam- 
 ages by cutting out or keeping back a part. 
 Cowell interprets it, "to defalk or dis- 
 count." Where a man had ten pounds is- 
 suing out of certain lands, and he disseised 
 the tenant of the land, in an assize brought 
 by the disseisee, the disseisor might re- 
 coupe the rent in the damages, in order to 
 avoid circuity of action. 5 Coke, 30a. An 
 executor de son tort is not allowed to retain 
 or recoupe any part of the deceased's goods 
 to satisfy his own debt. Id.; 3 Campb. 
 282. 
 
 This old word has been revived to a 
 considerable extent in modern law. "Where 
 a man brings an action for breach of a 
 contract between him and the defendant, 
 and the latter can show that some stipu- 
 lation in the same contract was made by 
 the plaintiff, which he has violated, the de- 
 fendant may if he choose, instead of suing 
 in his turn, recoupe his damages, arising 
 from the breach committed by the plaintiff, 
 whether they be liquidated or not. The 
 law will cut off so much of the plaintiff's 
 claim as the cross damages may come to." 
 Cowen, J., 22 Wend. (N. Y.) 156. See 
 "Recoupment." 
 
 RECOUPMENT (Fr. reeouper, to cut 
 again). In practice. That right of the de- 
 fendant, in the same action, to claim dam- 
 ages from the plaintiff, either because he 
 has not complied with some cross obliga- 
 tion of the contract upon which he sues, 
 or because he has violated some duty which 
 the law imposed upon him in the making 
 or performance of that contract. 4 Wend. 
 (N. Y.) 483; 8 Wend. (N. Y.) 109; 10 
 Barb. (N. Y.) 55; 13 N. Y. 151; 3 Ind. 
 72, 265; 4 Ind. 533; 7 Ind. 200; 9 Ind. 
 470; 7 Ala. (N. S.) 753; 13 Ala. (N. S.) 
 587; 16 Ala. (N. S.) 221; 27 Ala. (N. S.) 
 574; 12 Ark. 699; 16 Ark. 97; 17 Ark. 
 270; 6 B. Mon. (Ky.) 528; 13 B. Mon. 
 (Ky.) 239; 15 B. Mon. (Ky.) 454; 
 3 Mich. 281; 4 Mich. 619; 39 Me. 382; 16 
 111. 495; 11 Mo. 415; 18 Mo. 368; 25 Mo. 
 430. 
 
 "Recoupment is distinguished from set- 
 off in these three essential particulars: (1) 
 In being confined to matters arising out 
 of and connected with the transaction or 
 contract on which suit is brought; (2) in 
 having no regard to whether such matters 
 are liquidated or unliquidated; (3) in not 
 being the subject of statutory regulation, 
 but controlled by the common law." 3 Mich. 
 281. Recoupment belongs to cases where 
 the_ same contract lays mutual duties and 
 obligations on two parties, and on an action 
 by one for a breach of duty, the other 
 presents a claim of breach of duty under 
 the same contract. In set-off, the position 
 of the defendant is that, though he may 
 owe the plaintiff what he claims, a part 
 
RECOURSE 
 
 862 
 
 RECREANT 
 
 or the whole of such debt is paid in reason 
 and justice by a distinct unconnected debt 
 which plaintiff owes him. 2 Pars. Cont. 
 740. 
 
 This is not a new title in the law, al- 
 though it seems recently to have assumed 
 a new signification. Originally it implied 
 a mere deduction from the claim of the 
 plaintiff, on account of payment in whole 
 or in part, or a former recovery, or some 
 analogous fact. 3 Coke, 6S; 4 Coke, 94; 5 
 Coke, 2, 31; 11 Coke, 51, 52. See note to 
 6 Nev. & M. 467; Viner, Abr. "Discount," 
 pi. 3, 4, 9, 10; 28 Vt. 413. This meaning 
 has been retained in many modern cases, 
 but under the name of "deduction" or "re- 
 duction of damages." 11 East, 232; 1 Maule 
 & S. 318, 323; 5 Maule & S. 6, 10; 4 Bur-, 
 rows, 2133. See "Set-Off." 
 
 RECOURSE. See "Without Recourse." 
 
 ■RECOUSSE (Pr.) In French law. Recap- 
 ture. Emerig. Tr. des Assur. c. 12, § 23. 
 
 RECOVEREE. In old conveyancing. The 
 party who suffered a common recovery. 
 
 RECOVERER. The demandant in a com- 
 mon recovery, after judgment has been 
 given in his favor, assumes the name of 
 "recoverer." 
 
 RECOVERY. The restoration of a former 
 right, by the solemn judgment of a court 
 of justice. 3 Murph. (N. C.) 169. 
 
 A common recovery is a judgment ob- 
 tained in a fictitious suit, brought against 
 the tenant of the freehold, in consequence 
 of a default made by the person who is 
 last vouched to warranty in suit suit. Bac. 
 Tr. 148. 
 
 A true recovery, usually known by the 
 name of "recovery" siniply, is the procur- 
 ing a former right by the judgment of a 
 court of competent jurisdiction; as, for 
 example, when judgment is given in favor 
 of the plaintiff when he seeks to recover 
 a thing or a right. 
 
 Common recoveries are considered as 
 mere forms of conveyance or common as- 
 surances. Although a common recovery is 
 a fictitious suit, yet the same mode of pro- 
 ceeding must be pursued, and all the forms 
 strictly adhered to, which are necessary to 
 be observed in an adversary suit. The first 
 thing, therefore, necessary to be done in 
 suffering a common recovery is that the 
 person who is to be the demandant, and 
 to whom the lands are to be_ adjudged, 
 shall sue out a writ or praecipe against 
 the tenant of the freehold; when such ten- 
 ant is usually called the "tenant to the 
 praecipe." In obedience to this writ, the 
 tenant appears in court, either in person 
 or by his attorney; but, instead of defend- 
 ing the title to the land himself, he calls 
 on some other person, who, upon the origi- 
 nal purchase, is supposed to have war- 
 ranted the title, and prays that the person 
 may be called in to defend the title which 
 he warranted, or otherwise to give the ten- 
 
 ant lands of equal value to those he shall 
 lose by the defect of his warranty. This 
 is called the "voucher vocatio," or "calling 
 to warranty." The person thus called to 
 warrant, who is usually called the 
 "vouchee," appears in court, is impleaded, 
 and enters into the warranty, by which 
 means he takes upon himself the defense 
 of the land. The defendant then desires 
 leave of the court to imparl, or confer with 
 the vouchee in private, which is granted of 
 course. Soon after the demandant returns 
 into court, but the vouchee disappears or 
 makes default, in consequence of which it 
 is presumed by the court that he has no 
 title to the lands demanded in the writ, , 
 and therefore cannot defend them; where- 
 upon judgment is given for the demand- 
 ant, now called the "recoverer," to recover 
 the lands in question against the tenant, 
 and for the tenant to recover against the 
 vouchee lands of equal value in recompense 
 for those so warranted by him, and now 
 lost by his default. This is called the "re- 
 compense of recovery in value;" but as it 
 is customary for the crier of the court 
 to act, who is hence called the "common 
 vouchee," the tenant can only have a nomi- 
 nal and not a real recompense for the land 
 thus recovered against him by the demand- 
 ant. A writ of habere facias is then sued 
 out, directed to the sheriff of the County in 
 which the lands thus recovered are sit- 
 uated, and on the execution and return of 
 the writ the recovery is completed. The 
 recovery here described is with single 
 voucher; but a recovery may be, and is 
 frequently, suffered with double, treble, or 
 further voucher, as the exigency of the 
 case may require, in which case there are 
 several judgments against the several 
 vouchees. 
 
 Common recoveries were invented by the 
 ecclesiastics in order to evade the statute 
 of mortmain, by which they were prohibited 
 from purchasing, or receiving under the 
 pretense of a free gift, any land or tene- 
 ments whatever. They have been used in 
 some states for the purpose of breaking the 
 entail of estates. See, generally. Cruise, 
 Dig. tit. 36; 2 Wm. Saund. 42, note 7; 4 
 Kent, Comm. 487; Pigot, Comm. Rec. 
 passim. 
 
 All the learning in relation to common 
 recoveries is nearly obsolete, as they are 
 out of use. Rey, a French writer, in his 
 work Des Institutions Judiciares de I'An- 
 gleterres (torn. ii. p. 221), points out what 
 appears to him the absurdity of a common 
 recovery. As to common recoveries, see 3 
 Serg. & R. (Pa.) 435; 9 Serg. & R. (Pa.) 
 330; 1 Yeates (Pa.) 244; 4 Yeates (Pa.) 
 413; 1 Whart. (Pa.) 139, 151; 2 Rawle 
 (Pa.) 168; 6 Pa. St. 45; 2 Halst. (N. J.) 
 47; 5 Mass. 438; 6 Mass. 328; 8 Mass. 34; 
 3 Har. & J. (Md.) 292. 
 
 RECREANT. A coward; a poltroon. 3 Bl. 
 Comm. 340. 
 
RECRIMINATION 
 
 863 
 
 EECUSATIO TESTIS 
 
 RECRIMINATION. In the law of divorce. 
 The defense that the plaintiff has been 
 guilty of such a matrimonial offense as is 
 a ground for divorce. At common law 
 only an offense of the same nature as 
 that for which plaintiff sued was available 
 in recrimination (1 Hagg. Consist. 144; 4 
 Ecc. 360); but in the United States, the 
 courts refuse, in the absence of statute, 
 to measure the comparative turpitude of 
 the several statutory grounds of divorce, 
 and any one may be pleaded in recrimina- 
 tion (21 N. J. Eq. 331; 72 Wis. 136). 
 
 Recrimination is based on the maxim 
 that suitors in equity must come with 
 clean hands, and, if established, is a com- 
 plete defense. 
 
 RECTE (Lat.) In the civil law. Rightly. 
 Dig. 50. 16. 73. As to the interpretation of 
 this word, see Id. 
 
 RECTITUDO. Right or justice; legal 
 dues; tribute or payment. Cowell. 
 
 RECTO (Lat.) Right. Breve de recto, 
 writ of right. 
 
 RECTO DE ADVOCATIONE ECCLESIAE. 
 A writ which lay at common law where a 
 man had right of advowson of a church, 
 and, the parson dying, a stranger had pre- 
 sented. Fitzh. Nat. Brev. 30. 
 
 RECTO DE CUSTODIA TERRAE ET 
 
 haeredis. A writ of right of ward of the 
 land and heir. Abolished. 
 
 RECTO DE DOTE. A writ of right of 
 dower, which lay for a widow who had re- 
 ceived part of her dower, and demanded 
 the residue, against the heir of the hus- 
 band or his guardian. Abolished. See 23 
 & 24 Vict. c. 126, § 26. 
 
 RECTO DE DOTE UNDE NIHIL HABET. 
 A writ of right of dower whereof the widow 
 had nothing, which lay where her deceased 
 husband, having divers lands or tenements, 
 had assured no dower to his wife, and she 
 thereby was driven to sue for her thirds 
 against the heir or his guardian. Abolished. 
 
 RECTO DE RATIONABILI PARTE. A 
 
 writ of right of the reasonable part, which 
 lay between privies in blood; as brothers 
 in gavelkind, sisters, and other coparceners, 
 for land in fee simple. Fitzh. Nat. Brev. 9. 
 
 RECTO QUANDO (or QUIA) DOMINUS 
 remlsit curiam. A writ of right, when or 
 because the lord had remitted his court, 
 which lay where lands or tenements in the 
 seigniory of any lord were in demand by 
 a writ of right. Fitzh. Nat. Brev. 16. 
 
 RECTO SUR DISCLAIMER. An abolished 
 writ on disclaimer. 
 
 RECTOR. In ecclesiastical law. One who 
 rules or governs. A name given to certain 
 officers of the church. 
 
 RECTOR PROVINCIAE (Lat.) In the Ro- 
 man law. The governor of a province. 
 Code, 1. 40. 
 
 RECTORY. In English law. Corporeal 
 real property, consisting of a church, glebe 
 lands, and tithes. 1 Chit. Prac. 163. 
 
 RECTUM (Lat.) Right; also a trial or ac- 
 cusation. Bracton; Cowell. 
 
 RECTUM ESSE. To be right in court. 
 
 RECTUM ROGARE. To ask for right; to 
 petition the judge to do right. 
 
 RECTUM, STARE AD. To stand trial or 
 abide by the sentence of the court. 
 
 RECTUS IN CURIA (Lat. right in court). 
 The condition of one who stands at the 
 bar, against whom no one objects any of- 
 fense, or prefers any charge. 
 
 When a person outlawed has reversed 
 his outlawry, so that he can have the ben- 
 efit of the law, he is said to be rectus in 
 curia. Jacob. 
 
 RECUPERATIO, I. e., AD REM, PER IN- 
 Juriam extortam sive detentam, pep senten- 
 tiam judicis restitutio. Recovery, i. e., res- 
 titution by sentence of a judge of a thing 
 wrongfully extorted or detained. Co. Litt. 
 154a. 
 
 RECUPERATIO EST ALICUJUS REI IN 
 causam, alterius adductae per Judicem ac- 
 qulsitio. Recovery is the acquisition by sen- 
 tence of a judge of anything brought into 
 the cause of another. Co. Litt. 154a. 
 
 RECUPERATORES (Lat.) In Roman law. 
 A species of judges originally established, 
 it is supposed, to decide controversies be- 
 tween Roman citizens and strangers con- 
 cerning the right to the possession of prop- 
 erty requiring speedy remedy, but grad- 
 ually extended to questions which might be 
 brought before ordinary judges. 
 
 After the enlargement • of their powers, 
 the difference between them and judges, it 
 is supposed, was simply this: If the prae- 
 tor named three judges, he called them re- 
 cuperatores; if one, he called him judex. 
 But opinions on this subject are various. 
 Colman, De Romano judicio recuperatorio. 
 Cicero's oration (Pro Coecin. 1, 3) was ad- 
 dressed to recuperators. 
 
 RECURRENDUM EST AD EXTRAORDI- 
 narium quando non valet ordinarium. We 
 must have recourse to what is extraordi- 
 nary when what is ordinary fails. 
 
 RECUSANT. In English law. A person 
 who refuses to make the declarations 
 against Catholicism, and promotes, encour- 
 ages or professes the Catholic religion. 
 
 RECUSATIO TESTIS. In the civil law. 
 Rejection of a vntness on the ground of in- 
 competency. 
 
RECUSATION 
 
 864 
 
 REDEMPTIONES 
 
 RECUSATION. In civil law. A plea or 
 exception by which the defendant requires 
 that the judge having jurisdiction of the 
 cause should abstain from' deciding, upon 
 the ground of interest, or for a legal ob- 
 jection to his prejudice. 
 
 A recusation is not a plea to the jurisdic- 
 tion of the court, but simply to the person 
 of the judge. It may, however, extend to 
 all the judges, as -when the party has a 
 suit against the whole court. Poth. Proc. 
 Civ. ch. 2, § 5. It is a personal challenge 
 of the judge for cause. See 2 La. 390: 6 
 La. 134. 
 
 The challenge of jurors. Code Prac. La. 
 arts. 499, 500. An act, of what nature so- 
 ever it may be, by which a strange heir, 
 by deeds or words, declares he will not be 
 heir. Dig. 29. 2. 95. See, generally, 1 
 Hopk. Ch. (N. Y.) 1; 5 Mart. (La.) 292. 
 
 RED BOOK OF THE EXCHEQUER. An 
 ancient record, wherein are registered the 
 holders of lands per ba/roniam in the time of 
 Henry III., the number of hides of land in 
 certain counties before the Conquest, and 
 the ceremonies on the coronation of Elea- 
 nor, wife of Henry III., compiled by Alex- 
 ander de Swenford, archdeacon of Salop, 
 and treasurer of St. Paul's, who died in 
 1246, 31 Hen. Ill; Jacob; Cowell. 
 
 REDDENDO SINGULA SINGULIS (Lat.) 
 Referring particular things to particular 
 persons. For example, when two descrip- 
 tions of property are given together in one 
 mass, both the next of kin and the heir 
 cannot take, unless in cases where a con- 
 struction can be made reddendo singula 
 singulis, that the next of kin shall take the 
 personal estate, and the heir-at-law the 
 real estate. 14 Ves. 490. See 11 East, 513, 
 note; Bac. Abr. "Conditions" (L). 
 
 , REDDENDUM (Lat.) That clause in a 
 deed by which the grantor reserves some- 
 thing new to himself out of that which he 
 granted before. It usually follows the te- 
 nendum, and is generally in these words, 
 "yielding and paying." In every good red- 
 dendum or reservation these things must 
 concur, namely: It must be in apt -syords; 
 it must be of some other thing issuing or 
 coming out of the thing granted, and not a 
 part of the thing itself, nor of something 
 issuing out of another thing; it must be of 
 a thing on which the grantor may resort 
 to distrain; it must be made to one of the 
 grantors, and not to a stranger to the deed. 
 See 2 Bl. Comm. 299; Co. Litt. 47; Shep. 
 Touch. 80; Cruise, Dig. tit. 32, c. 24, § 1; 
 Dane, Abr. Index. 
 
 REDDENS CAUSAM SCIENTIAE. Giving 
 the reason of his knowledge. 
 
 In Scotch Practice. A formal phrase 
 
 used in depositions, preceding the state- 
 ment of the reason of the witness' knowl- 
 edge. 2 How. St. Tr. 715. 
 
 REDDERE, NIL ALIUD EST QUAM AC- 
 ceptum restituere; seu, reddere est quasi 
 retro dare, et redditur dicitur a redeundo, 
 
 quia retro It. To render is nothing more 
 than to restore that which has been re- 
 ceived; or, to render is, as it were, to give 
 back, and it is called "rendering" from "re- 
 turning," because it goes back again. Co. 
 Litt. 142. 
 
 REDDIDIT SE (Lat.) In English practice. 
 An indorsement made on the bail piece 
 when a certificate has been made by the 
 proper officer that the defendant is in cus- 
 tody. Comyn, Dig. "Bail" (Q 4). 
 
 REDDITARIUM (Law Lat. from reddi- 
 tus). In old records. A rentat, or rent 
 roll. Cowell. 
 
 REDDITION. A judicial confession or ac- 
 knowledgment that the thing in demand be- 
 longs to the demandant, and not to the per- 
 son surrendering. Cowell. 
 
 REDDITUS SICCUS. See "Redltus Sic- 
 cus." 
 
 REDDOUR (Law Fr.) A rendering. Kel- 
 ham. 
 
 REDEEM. See "Redemption." 
 
 REDEEMABLE RIGHTS. Rights which 
 return to the conveyor or disposer of land, 
 etc., upon payment of the sum for Which 
 such rights are granted. 
 
 REDELIVERY. A yielding and delivering 
 back of a thing. 
 
 REDEMISE. A regranting of land demised 
 or leased. 
 
 REDEMPTIO (Law Lat.) In old English 
 law. A Ransom, or fine. St. Marlb. e. 1. 
 Spelman calls it the heaviest' kind of fine 
 {mulcta gravissima), and makes it to be 
 the same with the Saxon "were" or "were- 
 gild." 
 
 REDEMPTION (Lat. re, red, back, emp- 
 tio, a purchase). A purchase back by the 
 seller from the buyer. It is applied to de- 
 note the performance of the conditions upon 
 performance of which a conditional sale is 
 to become ineffective as a transfer of title, 
 or, more strictly, a right to demand a re- 
 conveyance becomes vested in the seller. In 
 the case of mortgages, this right is a legal 
 right until a breach of conditions,_ when it 
 becomes an equitable right, and is called 
 the "equity of redemption." 
 
 The term is applied to the statutory right 
 of one whose property is sold at various 
 forced sales other than mortgage foreclos- 
 ure (e. g., for taxes) to buy the same back 
 within a fixed time, ordinarily for the price 
 paid by the purchaser, with interest and 
 costs. 
 
 REDEMPTION, EQUITY OF. See "Equity 
 of Redemption." 
 
 REDEMPTIONES (Lat.) Heavy fines. Dis- 
 tinguished from m-isericordia {q. v.). 
 
REDEUNDO 
 
 865 
 
 RE-ENTRY 
 
 REDEUNDO (Lat.) Returning; in return- 
 ing; while returning. 3 East, 89; 2 Strange, 
 985. 
 
 REDHIBERE (Lat.) In the civil law. To 
 have again; to have back; to cause a seller 
 to have again what he had before. Dig. 
 21. 1. 21. pr. 
 
 The returning of a thing purchased to 
 the seller, 
 
 REDHIBITION. In civil law. The return- 
 ing of a thing purchased to the seller, on 
 the ground of some defect or fraud. Calv. 
 Lex. The avoidance of a sale on account 
 of some vice or defect in the thing sold, 
 which renders its use impossible, or so in- 
 convenient and imperfect that it must be 
 supposed that the buyer would not have 
 purchased it had he known of the vice. 
 Civ. Code La. art. 2496. 
 
 This is essentially a civil-law right. The 
 effect of the rule expressed by the maxim 
 caveat emptor is to prevent any such right 
 at common law, except in cases of express 
 warranty. 2 Kent, Comm. 374; Sugd. Vend. 
 222. 
 
 REDHIBITORY ACTION. In civil law. 
 An action instituted to avoid a sale on ac- 
 count of some vice or defect in the thing 
 sold which renders its use impossible, or 
 so inconvenient and imperfect that it must 
 be supposed the buyer would not have pur- 
 chased it had he known of the vice. Civ. 
 Code La. art. 2496. 
 
 REDHIBITORY DEFECT (or VICE). In 
 
 the civil law. A defect in an article sold, 
 for which the seller may be compelled to 
 take it back; a defect against which the 
 seller is bound to warrant. Poth. Contr. 
 Sale, No. 203. 
 
 REDISSEISIN. In old English law. A 
 second disseisin of a person of the same 
 tenements, and by the same disseisor, by 
 whom he was before disseised. 3 Bl. Comm. 
 188; Pleta, lib. 4, c. 29. Called in the 
 statute of Marlbri(^e (chapter 8) a re- 
 peated disseisin. 
 
 The name of a writ which lay in such 
 case {breve de redisseisina) . Reg. Orig. 
 206b. 
 
 REDITUS ALBI (Lat.) A rent payable in 
 money; sometimes called "white rent," or 
 "blanchefarm." See "Alba Firma." 
 
 REDITUS ASSISUS. A set or standing 
 rent. 
 
 REDITUS CAPITALES. Chief rent paid 
 by freeholders to go quit of all other serv- 
 ices. 
 
 REDITUS NIGRl. A rent payable 
 in grain, work, and the like. It was also 
 called "black mail." This name was given 
 to it to distinguish it from reditus albi, 
 which was payable in money. 
 
 REDITUS QUIETI. Quit rents (q. v.) 
 
 REDITUS SICCUS. 
 "Rent." 
 
 Rent seek. See 
 
 RED MEN. Customary tenants required to 
 ride on the business or errands of their 
 lord. 
 
 REDOBATORES (Law Lat.) Those that 
 buy stolen cloth, and turn it into some other 
 color or fashion, that it may not be recog- 
 nized; redubbers. Barr. Obs. St. (2d Ed.) 
 87, note; 3 Inst. 134; Britt. c. 29. 
 
 REDRAFT. In commercial law. A bill of 
 exchange drawn at the place where another 
 bill was made payable, and where it was 
 protested, upon the place where the first 
 bill was drawn, or, when there is no regular 
 commercial intercourse rendering that prac- 
 ticable, then in the next best or most di- 
 rect practicable course. 1 Bell, Comm. (5th 
 Ed.) 406. See "Re-Exchange." 
 
 REDRESS. The act of receiving satisfac- 
 tion for an injury sustained. For the mode 
 of obtaining redress, see "Remedies;" 1 
 Chit. Prac. Anal. Table. 
 
 REDUBBOURS (Law Fr.; Law Lat. re- 
 dobatores, q. v.) In old English law. Per- 
 sons who knowingly bought stolen clothes, 
 and changed them into another form; 
 achatauntz ascient dras embles, et les at- 
 tirent en auter forme, Britt. c. 29; Cowell. 
 
 REDUCTION. In Scotch law. An action 
 brought for the purpose of rescinding, an- 
 nulling, or cancelling some deed, bond, con- 
 tract, or other instrument in writing. 1 
 Forbes, Inst. pt. 4. pp. 158, 159. See Bell, 
 Diet. 
 
 REDUCTION EX CAPITE LECTI. By the 
 law of Scotland, the heir in heritage was 
 entitled to reduce all voluntary deeds grant- 
 ed to his prejudice by his predecessor with- 
 in sixty days preceding the predecessor's 
 death; provided the maker of the deed, at 
 its date, was laboring under the disease of 
 which he died, and did not subsequently 
 go to kirk or market unsupported. Bell, 
 Diet. Abolished 34 & 35 Vict. c. 81. 
 
 REDUCTION IMPROBATION. In Scotch 
 law. One form of the action of reduction, 
 in which falsehood and forgery are alleged 
 against the deed or document sought to be 
 set aside. Bell, Diet. 
 
 REDUCTION INTO POSSESSION. The 
 act of exercising the right conferred by a 
 chose in action, so as to convert it into a 
 chose in possession; thus, a debt is reduced 
 into possession by payment. 
 
 REDUNDANCY. In pleading. The aver- 
 ment of matter foreign to the issue, or the 
 needless repetition of immaterial averments. 
 5 Sandf. (N. Y.) 660. 
 
 RE-ENTRY. The resuming or retaking of 
 that possession of lands and tenements 
 
REEVE 
 
 866 
 
 REFERENDUM 
 
 which one has lately foregone. See "En- 
 try." 
 
 REEVE. An ancient English officer of jus- 
 tice, inferior in rank to an alderman. He 
 was a ministerial officer appointed to exe- 
 cute process, keep the king's peace, and put 
 the laws in execution. He witnessed all 
 contracts and bargains, brought offenders 
 to justice, and delivered them to punish- 
 ment, /took bail for such as were to appear 
 at the county court, and presided at the 
 court or folcmote. He was also called 
 "gerefa." 
 
 There were several kinds of reeves; as, 
 the shire gerefa, shire reeve, or sheriff; the 
 heh gerefa, or high sheriff, tithing reeve, 
 burgh or borough reeve. 
 
 RE-EXCHANGE. The expense incurred by 
 a bill's being dishonored in a foreign coun- 
 try, where it is made payable and returned 
 to that country in which it was made or in- 
 dorsed, and there taken up. 11 East, 265; 
 2 Campb. 65. 
 
 It is the sum for which a sight bill must 
 be drawn at the time and place of dishonor 
 at the then rate of exchange on the place 
 where the drawer or indorser sought to be 
 charged resides, in order to realize, at the 
 place of dishonor, the amount of the dis- 
 honored bill, and the expenses consequent 
 on its dishonor. 2 Daniell, Neg. Inst. 
 § 1445. See "Redraft." 
 
 REFALO. A word composed of the three 
 initial syllables, re. fa. lo., for recordari 
 facias loquelam. 2 Sellon, Prac. 160; 8 
 Dowl. 514. 
 
 REFECTION (Lat. re, again, facio, to 
 make). In civil law. Reparation; re- 
 establishment of a building. Dig. 19. 1. 6. 1. 
 
 REFEREE. The person to whom a refer- 
 ence (q. V.) is made. 
 
 REFEREE IN CASE OF NEED. A person 
 whose name may be inserted in a bill of 
 exchange by the drawer or an indorser, to 
 whom the holder may resort in case the 
 bill is dishonored by nonacceptance or non- 
 payment. The usual form is "in case of 
 
 need, apply to ." Chit. Bills, 165; N. 
 
 Y. Neg. Inst. Law, § 215. 
 
 REFERENCE. A sending or direction to 
 a person or place. 
 
 In Contracts. A statement In a writ- 
 ing, wherein it points to another for the 
 ' matters therein contained. 
 
 In Mercantile Law. A direction or re- 
 quest by a party who asks a credit to the 
 person from whom he desires it to some 
 other person named, in order to ascertain 
 the character or mercantile standing of the 
 former. . 
 
 In Practice. The sending of a pend- 
 ing cause, or some question therein, by the 
 court in which it is pending, to a private 
 person to hear and determine the cause, or 
 some question therein, or to take evidence 
 
 and report the same, with or without his 
 opinion thereon, to the court. 
 
 Distinguished from arbitration. The sub- 
 mission of a controversy to a private person 
 by the parties is sometimes called "refer- 
 ence," but the term "reference" properly 
 applies only to reference by a court in the 
 exercise of its powers as such, whether it 
 be with or without the consent of the par- 
 ties. The cases in which reference may be 
 made, and the powers and duties of ref- 
 erees, are governed by varying statutes. 
 Generally speaking, any cause may be re- 
 ferred with the consent of the parties, and 
 any cause in which there is no constitution- 
 al right to a jury trial may be referred, in 
 the discretion of the court. Whether the 
 referee merely report evidence or determine 
 the cause, his report must be confirmed by 
 the court appointing him, and the court has 
 extensive power of revision on motion to 
 confirm. 
 
 REFERENCE IN CASE OF NEED. 
 "Referee in Case of Need." 
 
 See 
 
 REFERENCE TO RECORD. Under the 
 English practice, when an action is com- 
 menced, an entry of it is made in the cause 
 book according to the year, the initial let- 
 ter of the surname of the first plaintiff, 
 and the place of the action, in numerical 
 order among those commenced in the same 
 year, e. g., "1876, A. 26;" and all subse- 
 quent documents in the action (such as 
 pleadings and affidavits) bear this mark, 
 which is called the "reference to the rec- 
 ord." 
 
 REFERENDARIUS (Lat.) An officer by 
 whom the order of causes was laid before 
 the Roman emperor, the desires of petition- 
 ers made known, and answers returned to 
 them. Vicat; Calv. Lex. 
 
 REFERENDARY. In Saxon law. A mas- 
 ter of requests; an officer to whom peti- 
 tions to the king were referred. Spelman. 
 
 REFERENDO SINGULA SINGULIS (Lat.) 
 Referring individual or separate words to 
 separate subjects; making a distributive ' ' 
 reference of words in an instrument; con- 
 struing distributively. 11 East, 322; 2 Pow- 
 ell, Dev. 112. 
 
 REFERENDUIVl (Lat.) In international 
 law. A note addressed by an ambassador 
 to his government, submitting to its con- 
 sideration propositions made to him touch- 
 ing an object over which he has no sui- 
 ficient power, and is without instructions. 
 When such a proposition is made to an am- 
 bassador, he accepts it ad referendum; thai 
 is, under the condition that it s\a\, Rf 
 acted uppn by his government, to which it 
 is referred. ' » „ „» 
 
 In Political Economy. A system oi 
 
 legislation, whereby proposed laws are sub- 
 mitted to the popular vote. 
 
REFORM 
 
 867 
 
 REGARDATOR 
 
 REFORM. To reorganize; to rearrange. 
 Thus, the jury "shall be reformed by put- 
 ting to and taking out of the persons so 
 impanelled." St. 3 Hen. VIII. c. 12; Bac. 
 Abr. "Juries" (A). 
 
 To reform an instrument in equity is to 
 make a decree that a deed or other agree- 
 ment shall be made or construed as it was 
 originally intended by the parties, when an 
 error or mistake as to a fact has been com- 
 mitted. A contract has been reformed al- 
 though the party applying to the court was 
 in the legal profession, and he himself drew 
 the contract, it appearing clear that it was 
 framed so as to admit of a construction 
 inconsistent with the true agreement of the 
 parties. 1 Sim. & S. 210; 3 Russ. 424. But 
 a contract will not be reformed in conse- 
 quence of an error of law. 1 Russ. & M. 
 418; 1 Chit. Pr^c. 124. 
 
 REFORMATORY. All places and Institu- 
 tions in which efforts are made either to 
 cultivate the intellect, instruct the con- 
 science, or improve the conduct; places in 
 which persons voluntarily assemble, receive 
 instruction, and submit to discipline, or are 
 detained therein for either of these purposes 
 by force. 49 Conn. 35. Ordinarily applied 
 to penal or quasi penal institutions; but it 
 was said in the case above cited to be a 
 term of too uncertain signification to sup- 
 port a bequest for the purpose of building 
 a reformatory. 
 
 REFRESH THE MEMORY. To revive the 
 recollection of a subject by referring to 
 something connected with it. Commonly 
 applied to the right of a witness to refer, 
 even on the stand, to memoranda made by 
 him at the time of a transaction, but which 
 are not of themselves evidence, to refresh 
 his recollection. See 5 Wend. (N. Y.) 301; 
 6 Pick. (Mass.) 222; 2 Conn. 213, 
 
 REFRESHER. In English practice. A fee 
 paid to counsel on the trial of an action, 
 in addition to the retainer paid him with 
 his brief. In the practice of the queen's 
 bench division, a refresher is usually paid 
 to counsel for every day a trial lasts after 
 the first day. 
 
 REFULLUM (Law Lat.) In old English 
 law. A flowing back. Fleta, lib. 4, c. 27, 
 § 4. 
 
 REFUND. To pay back by the party who 
 has received it, to the party who has paid 
 it, money which ought not to have been 
 paid. 
 
 On a deficiency of assets, executors and 
 administrators cum testamento annexo are 
 entitled to have refunded to them legacies 
 which they may have paid, or so much as 
 may be necessary to pay the debts of the 
 testator; and in order to insure this they 
 are generally authorized to require a re- 
 funding bond. See Bac. Abr. "Legacies" 
 (H). 
 
 REFUSAL. The act of declining to re- 
 ceive or to do something. In some cases, a 
 neglect to perform a duty ■vnll be con- 
 strued as a refusal; but, ordinarily, de- 
 mand is essential to refusal. 6 Gray (Mass.) 
 224. 
 
 Refusal is sometimes used in the sense of 
 "option;" thus, to "give a refusal" of prop- 
 erty means to give an option of buying it. 
 
 REFUTANTIA (Law Lat.) In old records. 
 An acquittance or acknowledgment of re- 
 nouncing all future claim. Cowell. 
 
 REG. GEN. Ah abbreviation of regula 
 generalis. 6 East, 1. 
 
 REGAL FISH. Whales and sturgeons. 2 
 Steph. Comm. 19, note 448. 
 
 REGALE (Law Lat.) In old French law. 
 A payment made to the seigneur of a fief, 
 on the election of every bishop or other ec- 
 clesiastical feudatory, corresponding with 
 the relief paid by a lay feudatory. Steph. 
 Lect. 235. 
 
 REGALIA. This seems to be an abbrevia- 
 tion of "jura regalia," royal rights, or those 
 rights which a king has by virtue of his 
 prerogative. Hence owners of counties pala- 
 tine were formerly said to have "jura re- 
 galia" in their counties as fully as the king 
 in his palace. 1 Bl. Comm. 117. 
 
 Some writers divide the royal preroga- 
 tive into majora and minora regalia, the 
 former including the regal dignity and 
 power, the latter the revenue or fiscal pre- 
 rogatives of the crovyn. 1 Bl. Comm. 117. 
 
 REGALIA FACERE. To do homage or 
 fealty to the sovereign by a bishop when 
 he is invested with the regalia. 
 
 REGALITY. A territorial jurisdiction in 
 Scotland conferred by the crown. The lands 
 were said to be given in liberam regalita- 
 tem, and the persons receiving the right 
 were termed "lords of regality." Bell, Diet. 
 
 REGARD (Law Fr.) Reference; relation. 
 Kelham. Respect. Id. Reward; fee; a per- 
 quisite or allowance. Id. 
 
 REGARD, COURT OF. See "Court of Re- 
 gard." 
 
 REGARD OF THE FOREST. In old Eng- 
 lish law. The oversight or inspection of it, 
 or the oifice and province of the regarder, 
 who is to go through the whole forest, and 
 every bailiwick in it, before the holding of 
 the sessions of the forest, or justice seat, to 
 see and inquire after trespassers, and for 
 the survey of dogs. Manw. For. Law. 
 
 REGARDANT (Fr. seeing or vigilant). A 
 villein regardant was one who had the 
 charge to do all base services within the 
 manor, and to see the same freed of annoy- 
 ances. Co. Litt. 120; 2 Bl. Comm. 93*. 
 
 REGARDATOR (Law Lat.) In old forest 
 law. A regarder (q. v.) Regardatoree nos- 
 
REGARDER 
 
 868 
 
 REGISTRARIUS 
 
 tri eunt per foreatas ad faciendum regar- 
 dum, our regarders shall go through the 
 forests to make regard. Cart, de Foresta, 
 9 Hen. HI. c. 5. 
 
 REGARDER (Law Lat. regardator; from 
 Law Fr. regardeur, an inspector). In for- 
 est law. An officer of the forest, appoint- 
 ed to Supervise all other officers. Cromp. 
 Jur. 153; Manw. For. Laws; Cowell. 
 
 REGE INCONSULTO (Lat.) In English 
 law. A writ issued from the sovereign to 
 the judges, not to proceed in a cause which 
 may prejudice the crown, until advised. 
 Jenk. Cent. Cas. 97. 
 
 REGENCY. The authority of the person 
 in monarchical countries invested with the 
 right of governing the state, in the name of 
 the monarch, during his minority, absence, 
 sickness, or other inability. 
 
 REGENT. A ruler; a governor. The term 
 is usually applied to one who governs a re- 
 gency, or rules in the place of another. 
 
 In the canon law, it signifies a master or 
 professor of a college. Diet. Canonique. 
 
 It sometimes means simply a ruler, di- 
 rector, or superintendent; as in New York, 
 where the board who have the superintend- 
 ence of all the colleges, academies, and 
 schools are called the "Regents of the Uni- 
 versity of the State of New York." 
 
 REGIA DIGNITAS EST INDIVISIBILIS, 
 et quaelibet alia derivativa dignitas est si- 
 militer indivisibills. The kingly power Is In- 
 divisible, and every other derivative power 
 is similarly indivisible. 4 Inst. 243. 
 
 REGIA VIA (Lat.; Law Fr. real ehymin). 
 In old English law. The royal way; the 
 king's highway. Co. Litt. 56a. 
 
 REGIAIVI MAJESTATEM (Lat.) An an- 
 cient book purporting to contain the law of 
 Scotland, and said to have been compiled by 
 King David, who reigned 1124-1153. It is 
 not part of the law of Scotland, though it 
 was ordered to be revised with other an- 
 cient laws of Scotland by parliaments of 
 1405 and 1407. Stair, Inst. p. 12, § 16; Id. 
 p. 508, § 27. So Craig, Inst. 1. 8. 11; Scott, 
 Border Antiq. prose works, 7, 30; but Ersk. 
 Inst. bk. 1, tit. 1, i 32, and Ross, Lect. 11, 
 p. 60 et seq. maintain its authenticity. Itis 
 cited in some modern Scotch cases. 2 Swin. 
 409; 3 Bell, H. L. Sc. It is, according to 
 Dr. Robertson, a servile copy of Glanville. 
 Robertson, Hist. Charles V., vol. 1, note 
 25, p. 262; Ersk. Inst. 1. 1. 3. 
 
 REGICIDE (Lat. rex, king, cedere, to kill, 
 slay). The killing of a king, and, by ex- 
 tension, of a queen. Theorie des Lois 
 Criminelles, vol. 1, p. 300. 
 
 REGIDOR. In Spanish law. One of a body, 
 never exceeding twelve, who formed a part 
 of the ayuntamiento, or municipal council, 
 in every capital of a jurisdiction in the col- 
 onies of the Indies. The office of regidor 
 
 was held for life; that is to say, during 
 the pleasure of the supreme authority. In 
 most places the office was purchased. In 
 some cities, however, they were elected by 
 persons of the district, called capitulares, 
 12 Pet. (U. S.) 442, note. 
 
 REGIME DOTAL. In French law. The 
 dot, being the property which the wife 
 brings to the husband as her contribution 
 to the support of the burdens of the mar- 
 riage, and which may either extend as well 
 to future as to present property, or be ex- 
 pressly confined to the present property of 
 the wife, is subject to certain regulations 
 which are summarized in the phrase 
 "regime dotal," The husband has the entire 
 administration during the marriage; but, 
 as a rule, where the dot consists of immov- 
 ables, neither the husband nor the wife, 
 nor both of them together, can either sell 
 or mortgage it. The dot is returnable upon 
 the dissolution of the marriage, whether ^ 
 by death or otherwise. Brown. 
 
 REGIMIENTO. In Spanish law. The 
 body of regidores, who never exceeded 
 twelve, forming a part of the municipal 
 council, or ayuntamiento, in every capital 
 of a jurisdiction. 12 Pet. (U. S.) 442, 
 note. 
 
 REGISTER, or REGISTRAR. An officer 
 authorized by law to keep a record called 
 a "register" or "registry;" as, the register 
 for the probate of wills. 
 
 REGISTER OF WRITS. A book preserved 
 in the English court of chancery, in which 
 were entered, from time to time, all forms 
 of writs once issued. St. Westminster II. 
 c. 25. 
 
 It is spoken of as one of the most an- 
 cient books of the common law. Co. Litt. 
 159; 4 Inst. 150; 8 Cpke, pref.; 3 Bl. 
 Comm. 183*. It was first printed and pub- 
 lished in the reign of Hen. VIII. This book 
 is still in authority, as containing, in gen- 
 eral, an accurate transcript of the forms 
 of all writs as then framed, and as they 
 ought still to be framed in modern prac- 
 tice. But many of the writs now in use 
 are not contained in it; and a variation 
 from the register is not conclusive against 
 the propriety of a form, if other sufficient 
 authority can be adduced to prove its cor- 
 rectness. Steph. PI. 7, 8. 
 
 REGISTERED BONDS. A "registered" 
 bond is one which is payable to a particular 
 individual whose name is entered on the 
 books of the corporation debtor as the reg- 
 istered owner. 2 Fletcher Cyclopedia Cor- 
 porations 1920. 
 
 REGISTER'S COURT. In American law. 
 A court in the state of Pennsylvania, 
 which has jurisdiction in matters of pro- 
 bate. 
 
 REGISTRARIUS (Lat.) An ancient name 
 given to a notary. In England this name 
 
REGISTRUM BREVIUM 
 
 869 
 
 REI 
 
 Is confined to designate the officer of some 
 court the records or archives of which are 
 in his custody. 
 
 REGISTRUM BREVIUM (Lat.) The name 
 of an ancient book which was a collection 
 of writs. See "Register of Writs." 
 
 REGISTRY. A book, authorized by law, 
 in which writings are registered or re- 
 corded. 
 
 RE6LAMENT0 (Spanish). In Spanish 
 colonial law. A written instruction given 
 by a competent authority, without the ob- 
 servance of any peculiar form. Schmidt, 
 Civ. Law, introd. 93, note. 
 
 REGNAL YEARS. A table of the English 
 regnal years will be found in this work 
 under title "King." 
 
 REGNANT. One having authority as a 
 king; one in the exercise of royal authority. 
 
 REGNI POPULI. A name given to the 
 people of Surrey and Sussex, and on the 
 sea coasts of Hampshire. Blount. 
 
 REGNUM ECCLESIASTICUM. The eccle- 
 siastical kingdom. 2 Hale, P. C. 324. 
 
 REGNUM NON EST DIVISIBLE. The 
 kingdom is not divisible. Co. Litt. 165. 
 
 RE6RANT. In the English law of real 
 property, when, after a person has made a 
 grant, the property granted comes back to 
 him (e. g., by escheat .or forfeiture), and 
 he grants it again, he is said to have re- 
 granted it. The phrase is chiefly used in 
 the law of copyholds. Thus, before the 
 fines and recoveries act, one mode of bar- 
 ring an entail in copyhold was a precon- 
 certed forfeiture by the tenant, followed 
 by a regrant to him in fee by the lord. 
 
 REGRATIN6. In criminal law. Every 
 practice or device, by act, conspiracy, 
 words, or news, to enhance the price of 
 victuals or other merchandise, is so de- 
 nominated. 3 Inst. 196; 1 Russ. Crimes, 
 169. 
 
 In the Roman law, persons who monopo- 
 lized grain, and other produce of the earth, 
 were called dardanarii, and were variously 
 punished. Dig. 47. 11. 6. 
 
 REGRESS. Returning; going back; op- 
 posed to "ingress." 
 
 REGULA (Lat.) In practice. A rule. Reg- 
 ula generalis, a general rule; a standing 
 rule or order of a court. Frequently ab- 
 breviated Beg. Gen. 
 
 REGULA CATONIANA (Lat.) In the Ro- 
 man law. The rule of C^to; a rule re- 
 specting the validity of dispositions by will. 
 See Dig. 34. 7. 
 
 REGULA EST, JURIS QUIDEM IGNO- 
 rantiam cuique nocere, facti vero ignoran- 
 tlam non nocere. The rule is, that igno- 
 
 rance of law does not excuse, but that 
 ignorance of a fact may excuse a party 
 from the legal consequences of his conduct. 
 Dig. 22. 6. 9; Broom, Leg. Max. (3d Lon- 
 don Ed.) 232. See Irving, Civ. Law (4th 
 Ed.) 74. 
 
 REGULA PRO LEGE, SI DEFICIT LEX. 
 
 In default of the law, the maxim rules. 
 
 REGULAR CLERGY. Monks who lived ac- 
 cording to the rules of their respective 
 houses or societies, in contradistinction to 
 the parochial clergy, who did their duties 
 "in seculo," and hence were called secular 
 clergy. 1 Bl. Comm. 387, note. 
 
 REGULAR DEPOSIT. One where the 
 thing deposited must be returned. It is dis- 
 tinguished from an "irregular deposit." See 
 "Deposit." 
 
 REGULAR PROCESS. Regular process is 
 that which has been lawfully issued by a 
 court or magistrate having competent juris- 
 diction. 
 
 REGULARITER (Law Lat.) In old Eng- 
 lish law. Regularly; strictly; according to 
 rule; as a general rule. Bracton, fol. 87b. 
 223. 
 
 REGULARITER, NON VALET PACTUM 
 de re mea non alienanda. Regularly, a con- 
 tract not to alienate my property is not 
 binding. Co. Litt. 223. 
 
 REGULARS. In ecclesiastical law. Those 
 who profess and follow a certain rule of 
 life (regula), belong to a religious order, 
 and observe the three approved vows of 
 poverty, chastity, and obedience. Wharton. 
 
 REGULATE. To direct, govern, or re- 
 strict. A governmental power to regulate 
 does not include a power to prohibit. 39 
 N. J. Law, 44; 70 Mich. 396. 
 
 REGULUS (Lat.) In Saxon law. A title 
 sometimes given to the earl or comes, in 
 old charters. Spelman. 
 
 REHABERE FACIAS SEISINAM (Lat. do 
 you cause to regain seisin). When a sheriff 
 in the habere facias seisinam had delivered 
 seisin of more than he ought, this judicial 
 writ lay to make him restore seisin of the 
 excess. Reg. Jud. 13. 51. 54. 
 
 REHABILITATION. The act by which 
 a man is restored to his former ability, of 
 which he had been deprivtid by a conviction, 
 sentence, or judgment of a competent trib- 
 unal. 
 
 REHEARING. 
 
 In Appellate Practice. A second con- 
 sideration, on further argument, g^ven to a 
 cause after decision. 
 
 In Chancery Practice. A retrial of the 
 
 issues; a new trial. See "New Trial." 
 
 REI (Lat.; plur. of reus, q. v.) In the 
 civil law. In a special sense, persons from 
 
REI INTERVENTUS 
 
 870 
 
 RELATIVE POWERS 
 
 whom a thing is demanded (ii unde peti- 
 tur). Heinec. Elem. Jur. Civ. lib. 3, tit. 17, 
 § 841. Defendants. In a general sense, 
 parties to an action; litigating parties (ii 
 quorum de re disceptaiur) , including both 
 the actor and the reus proper. Id. Parties 
 to a contract. Id. 
 
 REI INTERVENTUS (Lat.) When a party 
 is imperfectly bound in an obligation, he 
 may, in general, annul such imperfect obli- 
 gation; but when he has permitted the op- 
 posite party to act as if his obligation or 
 agreement were complete, such things have 
 intervened as to deprive him of the right to 
 rescind such obligation.. These circum- 
 stances are the rei interventus. 1 Bell, 
 Comm. (5th Ed.) 328, 329; Burton, Man. 
 Scot. 128. 
 
 REI TURPIS NULLUM MANDATUM 
 est. A mandate of an illegal thing is void 
 Dig. 17. 1. 6. 3. 
 
 REIF (Scotch; from Saxon reaf). In old 
 Scotch law. Robbery. Skene ad Leg. Alex- 
 andri R. c. 2, par. 2; Cowell. 
 
 REINSURANCE. Insurance effected by an 
 underwriter upon a subject against certain 
 risks with another underwriter, on the 
 same subject, against all or a part of the 
 same risks, not exceeding the same amount. 
 In the original insurance, he is the insurer ; 
 in the second, the assured. 
 
 REIPUBLICAE INTEREST VOLUNTAT- 
 es defunctorum effectum sortiri. It concerns 
 the state that the wills of the dead should 
 have their effect. 
 
 REISA. L. Lat. (from Sax. raese, a rush). 
 In old European law. A sudden military 
 expedition; a sally. Spelman. 
 
 REISSUABLE NOTES. Banknotes which, 
 after having been once paid, may again be 
 put into circulation. 
 
 They cannot properly be called "valu- 
 able securities" while in the hands of the 
 maker, but, in an indictment, may properly 
 be called "goods and chattels." Ryan & 
 M. 218. See 5 Mason (U. S.) 537; 2 Russ. 
 Crimes, 147. And such notes would fall 
 within the description of "promis.sory" 
 notes. 2 Leach, C. C. 1090, 1093; Russ. 
 & R. 232. 
 
 REJOINDER. In common-law pleading. 
 The defendant's answer to the plaintiff's 
 replication. The second pleading of de- 
 fendant in the common-law series. 
 
 REJOINING GRATIS. Rejoining within 
 four days from the delivery of the replica- 
 tion, without a notice to rejoin or demand 
 of rejoinder. Wharton, "Rejoinder;" 1 
 Archb. Prac. 280, 317; 10 Mees. & W. 12. 
 But judgment cannot be signed without de- 
 manding rejoinder. 3 Dowl. 537. 
 
 RELATIO EST FICTIO JURIS ET IN- 
 tenta ad unum. Relation is a fiction of law, 
 and intended for one thing. 3 Coke, 28. 
 
 RELATIO SEMPER FIAT UT VALEAT 
 dispositio. Reference should always be had 
 in such a manner that a disposition in a 
 will may avail. 6 Coke, 76. 
 
 RELATION (Lat. re, back, fero, to bear). 
 
 In Civil Law. The report which the 
 
 judges made of the proceedings in certain 
 suits to the prince were so called. These 
 relations took place when the judge had no 
 law to direct him, or when the laws were 
 susceptible of difficulties. It was then re- 
 ferred to the prince, who was the author of 
 the law, to give the interpretation. They 
 were made in writing, and contained the 
 pleadings of the parties and all the pro- 
 ceedings, together with the judge's opinion, 
 and prayed the emperor to order what 
 should be done. This ordinance of the 
 prince thus required was called a "re- 
 script." Their use was abolished by Jus- 
 tinian (Nov. 125). 
 
 — I — In Contracts and Conveyances. A fic- 
 tion of law whereby an act done at one 
 time operates as if done at another time. 
 79 111. 467. An act so operating is said to 
 do so by relation. 
 
 All the several parts and ceremonies 
 necessary to complete a conveyance shall 
 be taken together as one act, and operate 
 from the substantial part by relation. Thus 
 a deed given by a sheriff, upon a previous 
 sale on execution, relates back to, and, in 
 judgment of law, is executed at the time of 
 tjie sale. 79 111. 467. An entry in a United 
 States land office on which a patent issues 
 relates to the entry, and takes date with it. 
 21 How. 228. 
 
 A deed not acknowledged until long after 
 its execution has been held to take effect 
 from its date, the acknowledgment operat- 
 ing as of that time by relation. 75 Mo. 
 613. 
 
 RELATIVE. One connected with another 
 by blood or affinity; a relation; a kinsman 
 or kinswoman. In an adjective sense, hav- 
 ing relation or connection with some other 
 person or thing; as, relative rights, relative 
 powers. 
 
 RELATIVE FACT. In the law of evidence. 
 A fact having relation to another fact; a 
 minor fact; a circumstance. Burr. Circ. 
 Ev. 121, note (d). 
 
 RELATIVE POWERS. Those which re- 
 late to land. So called to distinguish them 
 from those which are collateral to it. 
 
 These powers are appendant; as, where 
 a tenant for life has a power of makmg 
 leases in possession. They are in gross 
 when a person has an estate in the land, 
 with a power of appointment, the execution 
 of which falls out of the compass of his 
 estate, but, notwithstanding, is annexed in 
 privity to it, and takes effect in the ap- 
 
RELATIVE RIGHTS 
 
 871 
 
 RELEASE 
 
 pointee out of an interest appointed in the 
 appointor. 2 Bouv. Inst, note 1930. 
 
 RELATIVE RIGHTS. Those to which a 
 person is entitled in consequence of his re- 
 lation with others; such as the rights of 
 a husband in relation to his wife ; of a father 
 as to his children; of a master as to his 
 servant; of a guardian as to his ward. 
 
 In general, the superior may maintain 
 an action for an injury committed against 
 his relative rights. 2 Bouv. Inst, notes 
 2277-2296; 3 Bouv. Inst, note 3491; 4 Bouv. 
 Inst, notes 3615-3618. See "Action." 
 
 RELATIVORUM COGNITO UNO, COG- 
 noscitur et altierum. Of things relating to 
 each other, one being known, the other is 
 known. Cro. Jac. 539. 
 
 RELATOR. A rehearser or teller; one 
 who, by leave of court, brings an informa- 
 tion in the nature of a quo warranto, or 
 other writ issuing in the name of the state, 
 on the relation of a private person. 
 
 RELATRIX (Law Lat. and Eng.) In prac- 
 tice. A female relator, or petitioner. 14 
 Pet. (U. S.) 500, 517. 
 
 RELAXARE (Law Lat.) In old convey- 
 ancing. To release. Belaxavi, relaxasse, 
 have released. Litt. § 445. In 10 Coke, 52b, 
 reference was made to a case in 4 Edw. VI., 
 where it was said that laxare is properly to 
 set prisoners in fetters at liberty, and re- 
 laxare is to do it quickly; and metaphorice 
 relaxwre is to set at liberty fettered estates 
 and interests, and to make them free and 
 absolute. 
 
 RELAXATIO (Law Lat. from relaxare, q. 
 v.) In old conveyancing. A release; an 
 instrument by which a person relinquishes 
 to another his right in anything. Y. B. P. 
 18 Hen. VI. 9; Spelman. A deed of re- 
 lease. See "Release." 
 
 RELAXATION. In old Scotch practice. 
 Letters passing the signet (q. v.) by which 
 a debtor was relaxed (released) from the 
 horn; that is, from personal diligence. Bell, 
 Diet. See "Horning." 
 
 RELEASE. The giving up or abandoning 
 a claim or right to the person against whom 
 the claim exists, or the right is to be ex- 
 ercised or enforced. 
 
 Releases may either give up, discharge, 
 or abandon a right of action, or convey a 
 man's interest or right to another who has 
 possession of it, or some estate in the same. 
 Shep. Touch. 320; Litt. 444; Nelson, Abr.; 
 Bac. Abr.; Viner, Abr.; Rolle, Abr. In 
 the former class, a mere right is surren- 
 dered; in the other, not only a right is 
 given up, but an interest in tiie estate is 
 conveyed and becomes vested in the release. 
 
 An express release is one directly made 
 in terms by deed or other suitable means. 
 
 An implied release is one which arises 
 from acts of the creditor or owner, without 
 
 any express agreement. See Poth. Obi. 
 notes 608, 609. 
 
 A release by operation of law is one 
 which, though not expressly made, the law 
 presumes in consequence of some act of 
 the releasor; for instance, when one of sev- 
 eral joint obligors is expressly released, the 
 others are also released by operation of 
 law. 3 Salk. 298; Hob. 10, 66; 4 Mod. 380; 
 7 Johns. (N. Y.) 207. 
 
 In Estates. The conveyance of a 
 
 man's interest or right which he hath unto 
 a thing, to another that hath the posses- 
 sion thereof, or some estate therein. Shep. 
 Touch. 320. The relinquishment of some 
 right or benefit to a person who has al- 
 ready some interest in the tenement, and 
 such interest as qualifies him for receiving 
 or availing himself of the right or benefit 
 so relinquished. Burton, Real Prop. 15*. 
 A discharge or conveyance of a man's right 
 in lands or tenements to one that held 
 some former estate in possession. 2 Bl. 
 Comm. 324. 
 
 The words generally used in such convey- 
 ance are "remised, released, and forever 
 quitclaimed." Litt. § 445. 
 
 Releases of land are, in respect of their 
 operation, divided into five sorts: 
 
 (1) Releases that inure by way of pass- 
 ing the estate, or mitter restate; e. g., a 
 release by joint tenant to co-joint tenant, 
 which conveyance will pass a fee without 
 words of limitation. 
 
 (2) Releases that inure by way of pass- 
 ing the right, or mitter le droit; e. g., by 
 disseisee to disseisor. 
 
 (3) Releases that inure by enlargement 
 of the estate. Here there must be an act- 
 ual privity of estate at the time between 
 releasor and releasee, who must have an 
 estate actually vested in him capable of 
 enlargement. 
 
 (4) Releases that inure by way of extin- 
 guishment; e. g., a lord releasing his seign- 
 orial rights to his tenant. 
 
 (5) Releases that inure by way of feoff- 
 ment and entry; e. g. if there are two 
 disseisors, a release to one will give him a 
 sole estate, as if the disseisee had regained 
 seisin by entry, and enfeoffed him. 2 Bl. 
 Comm. 325*. See 4 Cruise, Dig. 71; Gilb. 
 Ten. 82; Co. Litt. 264; 3 Brock. (U. S.) 
 185; 2 Sumn. (U. S.) 487; 4 Pick. (Mass.) 
 143;- 10 Pick. (Mass.) 195; 7 Mass. 381; 
 5 Har. & J. (Md.) 158; 2 N. H. 402; 5 
 Paige, Ch. (N. Y.) 299; 10 Johns. (N. 
 Y.) 456. 
 
 The technicalities of English law as to 
 releases are not generally applicable in the 
 United States. The corresponding convey- 
 ance is a quitclaim deed. 2 Bouv. Inst. 
 416; 21 Ala. (N. S.) 125. 
 
 In Admiralty. An instrument under 
 
 seal of the court, commanding the marshal 
 to release a ship or other property arrested 
 in a proceeding in rem on the giving of 
 bail by the owner. 
 
RELEASE BY WAY OF 
 
 872 
 
 RELIGIOUS CORPORATION 
 
 RELEASE BY WAY OF ENLARGING AN 
 
 estate. See "Release." 
 
 RELEASE BY WAY OF ENTRY AND 
 feoffment. See "Release." 
 
 RELEASE BY WAY OF EXTINGUISH- 
 
 ment. See "Release." 
 
 RELEASE BY WAY OF PASSING A 
 right. See "Release." 
 
 RELEASE BY WAY OF PASSING AN Es- 
 tate. See "Release." 
 
 RELEASE TO USES. The conveyance by 
 a deed of release to one party to the use of 
 another is so termed. Thus, when a con- 
 veyance of lands was effected, by those in- 
 struments of assurance termed a "lease" 
 and "release," from A. to B. and his heirs, 
 to the use of C. and his heirs, in such case 
 C. at once took the whole fee simple in 
 such lands ; ■ B., by the operation of the stat- 
 ute of uses, being made a mere conduit pipe 
 for conveying the estate to C, and B. was 
 called the "releasee to uses." 
 
 RELEASEE. A person to whom a release 
 is made. 
 
 RELEASOR. He who makes a release. 
 
 RELEGATIO (Lat.) A kind of banishment 
 known to the civil law, which did not take 
 away the rights of citizenship, which de- 
 portatio did. 
 
 Some say that relegatio was temporary, 
 deportatio perpetual; that relegatio did not 
 take away the property of the exile, and 
 that deportatio did; but these distinctions 
 do not seem always to exist. There was 
 one sort of relegatio for slaves, viz., in a,g- 
 ros; another for freedom, viz., in provin- 
 cias. Relegatio only exiled from certain 
 limits; deportatio confined to a particular 
 place (locus poenae). Calv. Lex. 
 
 RELEGATION (from Lat. relegatio, q. v.) 
 In old English law. Banishment for a 
 time only. Co. Litt. 133. 
 
 RELEVAMEN (Law Lat. from relevare, 
 to lift up). In old English law. Relief; 
 one of the incidents of the feudal tenure. 
 Lib. Rames, § 310; Spelman. In Domesday 
 Book it is called relevamentum; in the laws 
 of Edward the Confessor, relevatio; in 
 Magna Charta, and generally in old Eng- 
 lish and Scotch law relevium. Domesday 
 Book, tit. "Berocscire, Walingford;" LL. 
 Edw. Conf. c. 35. 
 
 RELEVANCY, Applicability to the issue 
 joined. That quality of evidence which ren- 
 ders it properly applicable in determining 
 the trutii or falsity of the matters in issue 
 between the parties to a suit. See 1 Greenl. 
 Ev. i 49. 
 
 RELEVANT. In the law of evidence. Hav- 
 ing relation; applicable. Relevant evi- 
 dence is evidence applicable to the issue. 
 
 RELEVER. (L. Fr.) To relieve; to pay 
 a relief. Britt. c. 69. 
 
 RELEVIUM. L. Lat. [from L. Fr. relever, 
 to raise or lift again.] In old English and 
 Scotch law. Relief; one of the incidents 
 of the feudal tenure. Bract, fol. 84. Spel- 
 man. 
 
 RELICT. A widow; as A. B., relict of C. 
 B.; A. B., widow of C. B. 
 
 RELICTA VERIFICATIONE (Lat. his 
 pleading being abandoned). lii pleading. A 
 confession of judgment made after plea 
 pleaded, viz., a cognovit actionem, accom- 
 panied by a withdrawal of the plea. 
 
 RELICTION (Lat. relinquo, to leave be- 
 hind). An increase of the land by the re- 
 treat or recession of the sea or a river. 
 Sometimes called "dereliction." 
 
 If the reliction be gradual, the land be- 
 longs to the riparian owner, but if it be 
 sudden, and considerable, it belongs to the 
 state (13 N. Y. 296; 1 Gill & J. [Md.] 249), 
 unless the land has been previously lost by 
 submergence (100 N. Y. 424). 
 
 RELIEF. 
 
 In Feudal Law. A sum payable by the 
 
 new tenant, the duty being incident to every 
 feudal tenure, by way of fine or composi- 
 tion with the lord for taking up the estate 
 which was lapsed or fallen in by the death 
 of thfrlast tenant. At one time, the amount 
 Was arbitrary; but afterwards the relief 
 of a knight's fee became fixed at one hun- 
 dred shillings. 2 Bl. Comm. 65. 
 
 In Rpactice. A general name for the 
 
 remedy sought or allowed in any action, 
 legal or equitable. 
 
 RELIEVE. In feudal law. To hold or de- 
 pend; thus, a tenant was said to relieve of 
 the crown. Now obsolete. 
 
 RELIGION (Lat. re, back, ligo, to bind). 
 Real piety in practice, consisting in the 
 performance of all known duties to God 
 and our fellow men. 
 
 Any system of faith and worship; as the 
 religion of the Turks, of Hindoos, of Chris- 
 tians; true and false religion. 200 111. 572. 
 
 RELIGIOUS CORPORATION. Any cor- 
 poration the charter powers of which are 
 to be used in aid of the propagation and 
 practice of a religious belief, but the fact 
 that a corporation is under the control of 
 members of a particular church does not 
 make it a religious corporation. Nor does 
 the fact that a board of trustees of a cor- 
 poration college is to be elected by an as- 
 sociation of churches, constitute it a sec- 
 tarian or religious corporation. Corpora- 
 tions organized under acts authorizing the 
 incorporation of religious societies or con- 
 gregations are not to be classified as ec- 
 clesiastical corporations, but are civil cor- 
 porations and subject to the same pnn- 
 ciples of law, and the same control by the 
 
RELIGIOUS LIBERTY 
 
 873 
 
 REMAINDER 
 
 civil courts, as any other civil corporation. 
 1 Fletcher Cyclopedia Corporations 141. 
 
 RELIGIOUS LIBERTY. As secured by 
 the provisions of the constitution of the 
 United States, and of the several states, 
 means freedom from any establishment of 
 a religion, from compulsory support of re- 
 ligious instruction, from compulsory attend- 
 ance on religious worship, and from re- 
 straints on the free exercise of religion ac- 
 cording to the dictates of conscience, or 
 upon the expression of religious belief. See 
 Cooley, Const. Lim. 575. 
 
 The full and free right to entertain any 
 religious belief, to practice any religious 
 principle, and to teach any religious doc- 
 trine which does not violate the laws of 
 morality and propriety, or infringe personal 
 rights. 13 Wall. (U. S.) 728. But free- 
 dom from restraint on the exercise of re- 
 ligion does not permit one to break the 
 law, violate peace and good order, or in- 
 terfere with another's liberty of action, 63 
 Mich. 396, because his unlawful acts were 
 in the exercise of his religion, or accord- 
 ing to the dictates of his conscience. 98 
 U. S. 166. 
 
 RELIGIOUS MEN (Law Lat. religioai). 
 Such as entered into some monastery or 
 convent. In old English deeds, the vendee 
 was often restrained from aliening to 
 "Jews or religious men," lest the lands 
 should fall into mortmain. Religious men 
 were civilly dead. Blount. 
 
 RELIGIOUS TEST. A belief in certain 
 dogmas of religion which are prerequisite 
 to the holding of a civil office, or the exer- 
 cise of any civil right. "No religious 
 test shall ever be required as a qualifica- 
 tion to any office or public trust under the 
 United States." Const, art. 6, i 3. 
 
 RELIGIOUS USE. See "Charitable Uses." 
 
 RELINQUISHMENT. A forsaking, aban- 
 doning, or giving over a right; for ex- 
 ample, a plaintiff may relinquish a bad 
 count in a declaration, and proceed on a 
 good; a man may relinquish a part of his 
 claim in order to give a court jurisdiction. 
 The word has no exact technical signifi- 
 canca 
 
 RELIQUA. The remainder or debt which 
 a person finds himself debtor in upon the 
 balancing or liquidation of an account. 
 Hence reliqiiary, the debtor of a reliqua; as 
 also a person who only pays piecemeal. Enc. 
 Lond. 
 
 RELIQUI (Lat.) In the civil law. The 
 rest. Held to signify "all" {universos, 
 omnes). Dig. SO. 16. 95. 160. 
 
 RELOCATIO (Lat.) In civil law. A re- 
 newal of a lease on its determination on 
 like terms as before. It may be either ex- 
 press or tacit The latter is when the 
 tenant holds over with the knowledge and 
 
 without objection of the landlord, Mackeld. 
 Civ. Law, § 379. 
 
 RELOCATION. In Scotch law. A relet- 
 ting or renewal of a lease; a tacit reloca- 
 tion is permitting a tenant to hold over 
 without any new agreement. 
 
 REM domino vel non domino vendente 
 duobus. 
 
 In jure est potior venditione prior. 
 
 Where one, whether owner or not owner, 
 sells a thing to two persons, the party who 
 is first sold to has the better right. A 
 Latin couplet quoted in Fleta (lib. 3, c. 15, 
 
 REMAINDER. The remnant of an estate 
 in lands or tenements expectant on a par- 
 ticular estate created together with the 
 same at one time. Co. Litt. 143a. 
 
 To constitute a valid remainder at com- 
 mon law, the estate in remainder must be 
 created (1) on purchase (2 Washb. Real 
 Prop. 586) ; (2) at the same time with a 
 particular estate (2 Bl. Comm. 167) ; (3) 
 less than a fee (Id. 164) ; and (4) must 
 vest in the grantee during the continuance 
 of the particular estate, or eo instanti that 
 it determines, so that the freehold shall not 
 remain in abeyance (Id. 168) ; but (5) the 
 remainder must rest on the natural ter- 
 mination of the particular estate, and not 
 be in defeasance of it (Fearae, Cont. Rem. 
 13). 
 
 In the United States. The term "re- 
 mainder" is applied to various estates in 
 expectancy, limited on precedent estates 
 which do not fulfill all the requirements of 
 the common law. 
 
 Remainders are either vested or contin- 
 gent. 
 
 (1) A vested remainder is one by which 
 a present interest passes to the party, 
 though to be enjoyed in the future, and by 
 which the estate is invariably fixed to re- 
 main to a determinate person after the par- 
 ticular estate is spent. A determinate re- 
 mainderman in esse at the time of its crea- 
 tion is essential to a vested remainder. 
 
 A future estate is vested where there is 
 a person in being who would have an im- 
 mediate right to the lands on the ceasing 
 of the immediate or precedent estate. 1 Rev 
 St. N. Y. c. 1, tit. 2, § 13. This definition 
 has been justly criticised so far as it is 
 intended to be declaratory of the common 
 law, in that it omits the essential that the 
 person who shall take the remainder shall 
 be ascertained before the termination of the 
 particular estate. 
 
 (2) A contingent remainder is one where 
 the estate in remainder is limited to take 
 effect either to a dubious and uncertain 
 person, or upon a dubious and uncertain 
 event, so that the particular . estate may 
 chance to be determined, and the remainder 
 never take effect 2 Bl. Comm. 169. 
 
 A remainder which, as regards the pos- 
 session or enjoyment, depends on a con- 
 tingency other than the survival of the re- 
 
REMAINDERMAN 
 
 874 
 
 REMISSION 
 
 mainderman. Smith, Ex. Int. § 171. 
 
 It is not the uncertainty of enjoyment 
 in future, but the uncertainty of the right 
 to that enjoyment, which marks the dif- 
 ference between a vested and a contingent 
 interest. 4 Kent, Comm. 206; 2 Cruise, Dig. 
 270. 
 
 REMAINDERMAN. One who is entitled 
 to the remainder of the estate after a par- 
 ticular estate carved out of it has expired. 
 
 REMALLARE. (L. Lat.) In old European 
 law. To summon to court a second time; to 
 resummon. Spelman. 
 
 REMAND. To send back. 
 
 Of Prisoner. The ordering of a pris- 
 oner's return to custody pending proceed- 
 ings, or on a determination that he is not 
 entitled to release. 
 
 Of a Cause. The sending it back to 
 
 the same court out of which it came, for 
 the purpose of having some action on it 
 there. March, 100. 
 
 REMANENT PRO DEFECTU EMP- 
 torum (Lat. remanent, they remain, pro de- 
 fectu, through lack, emptorum, or buyers). 
 In practice. The return made by the sheriff 
 to a writ of execution when he has not 
 been able to sell the property seized, that 
 the same remains unsold for want of buy- 
 ers; in that case, the plaintiff is entitled 
 to a venditioni exponas. Comyn, Dig. "Exe- 
 cution" (C8). 
 
 REMANENTIA (Law Lat. from reman- 
 ere, q. v.) In old English law. A remain- 
 der. Spelman. 
 
 A perpetuity, or perpetual estate (pro 
 perpetuo). Glanv. lib. 7, c. 1; Bracton, fol. 
 244; Reg. Maj. lib. 2, c. 23. 
 
 REMANERE (Lat.) 
 
 l-ln Old English Practice. To remain; 
 
 to stop or stay; to "demur," in the old 
 sense of the word. Prima queratur a ten- 
 ente si aliquid velit vel sciat dicere quare 
 assisa debeat remanere, it first should be in- 
 quired of the tenant if he will or know to 
 say ans^thing why the assize should stay, — 
 that is, why it should not proceed. Brac- 
 ton, fol. 184b. Non propter minorem aeta- 
 tem petentium remanebit assisa, the assize 
 shall not stay on account of the nonage of 
 the demandants. Id. fol. 276. Hence the 
 term remanet, in modern practice. 
 
 REM A NET (Lat.) In practice. The causes 
 which are entered for trial, and which can- 
 not be tried during the term, are remanets. 
 Lee, "Trial;" 1 Sellon, Prac. 434; 1 Phil. 
 Ev. 4. 
 
 REMEDIAL LAW. That part of the body 
 of the law which contains the remedies by 
 which rights are enforced and wrongs re- 
 dressed, and the rules by which the sub- 
 stantive law (g. V.) is applied. 
 
 REMEDIAL STATUTE. A statute having 
 for its object either to redress some exist- 
 
 ing grievance, or to introduce some regu- 
 lation or proceeding conducive to the public 
 good. 58 in. 247; 30 111. App. 109; or re- 
 move some defect in the law, and thus giv- 
 ing a more perfect remedy for private 
 wrongs. Used usually in contradistinction 
 to "penal statute," but sometimes to "de- 
 claratory statute." 
 
 A penal law may be also remedial, and 
 a statute may be remedial in one part and 
 penal in another. 103 111. 390. 
 
 REMEDY. The means employed to' en- 
 force a right or redress an injury. "The 
 hepcig put in possession of that right where- 
 of the party injured is deprived." 6 Wheat. 
 (U. S.) 407. 
 
 The procedure whereby redress is se- 
 cured, as distinguished from the right to be 
 enforced. 103 U. S. 717. 
 
 It includes every original application to 
 a . court of justice for a judgment or an 
 order. Thus, the application for admis- 
 sion to practice as an attorney or counsel- 
 lor is a remedy. 22 N. Y. 67, 87. 
 
 In Old English Law. A remainder. 
 
 Co. Litt. 49a; 2 Coke, 51a. 
 
 (1) Equitable remedies are those obtain- 
 able only in a court of equity. 
 
 (2) Legal remedies in the technical sense 
 of the term, are those which may be award- 
 ed in a court of law; in a broader sense, 
 any remedy allowed by the law of the land. 
 
 (3) Cumulative or concurrent remedies 
 are such as are provided in addition to 
 other existing remedies, and whose ecist- 
 ence does not preclude a resort to the old 
 remedy. A resort to one of the two reme- 
 dies, however, precludes a subsequent re- 
 sort to the other. See "Election." 
 
 (4) Specific or exclusive remedies are 
 such as repeal all pre-existing remedies for 
 the same wrong. 
 
 REMEDY OVER. The remedy of him who 
 is primarily liable against him who is sec- 
 ondarily liable for the same debt. 
 
 REMEMBRANCERS. In English law. Offi- 
 cers of the exchequer, whose duty it is to 
 remind the lord treasurer and the justices 
 of that court of such things as are to be 
 called and attended to for the benefit of the 
 crown. Cowell; St. 3 & 4 Wm. IV. c. 99. 
 
 REMENAUNT (Law Fr.) Remaining; to 
 come after; remainder. A remenaunt, for 
 ever after. Kelham. 
 
 REMISE, RELEASE, AND QUITCLAIM. 
 The ordinary effective words in a release. 
 These words are, in this country, sufficient 
 to pass the estate in a primary conveyance. 
 7 Conn. 250; 24 N. H. 460; 21 Ala. (N. S.) 
 125; 7 N. Y. 422. "Remise" is a French 
 word synonymous with "release." See 
 "Quitclaim." 
 
 REMISSION (Lat. re, back, mitto, to 
 send). 
 
 In Civil Law. A release of a debt. 
 
 It is conventional when it is expressly 
 
REMISSIUS IMPERANTI 
 
 875 
 
 REMOVER 
 
 granted to the debtor by a creditor having 
 a capacity to alienate; or tacit, when the 
 creditor voluntarily surrenders to his deb- 
 tor the original title, under private signa- 
 ture, constituting the obligation. Civ. 
 Code La. art. 2195. 
 
 Forgiveness or pardon of an offense. 
 
 It has the effect of putting back the of- 
 fender into the same situation he was be- 
 fore the commission of the_ offense. Re- 
 mission is generally granted in cases where 
 the offense was involuntary, or committed 
 in self-defense. Poth Prcc. Civ. sec. 7, art. 
 
 2, §2. 
 
 At Common Law. The act by which 
 
 a forfeiture or penalty is forgiven. 10 
 Wheat. (U. S.) 246. 
 
 REMISSIUS IMPERANTI MELIUS PARE- 
 tur. A man commanding not too strictly 
 is better obeyed. 3 Inst. 233. 
 
 REMIT. To annul a fine or forfeiture. 
 This is generaly done by the courts where 
 they have a discretion by law; as, for ex- 
 ample, when a juror is fined for nonattend- 
 ance in court, after being duly summoned, 
 and, on appearing, he produces evidence to 
 the court that he was sick and unable to 
 attend, the fine will be remitted by the 
 court. 
 
 In Commercial Law. To send money, 
 
 bills, or something which will answer the 
 purpose of money. 
 
 REMITTANCE. In commercial law. Mon- 
 ey sent by one merchant to another, either 
 in specie, bill of exchange, draft, or other- 
 wise. 
 
 REMITTEE. A person to whom a remit- 
 tance is made. Story, Bailm. § 75. 
 
 REMITTER. To be placed back in pos- 
 session. 
 
 When one having a right to lands is out 
 of possession, and afterwards the freehold 
 is cast upon him by some defective title, 
 and he enters by virtue of that title, the law 
 remits him to his ancient and more certain 
 right, and, by an equitable fiction, supposes 
 him to have gained possession under it. 3 
 Bl. Comm. 190; Comyn, Dig. "Remitter." 
 
 REMITTERE (Lat. from re, again, and 
 mittere, to send). In old English practice. 
 To send back; to give up or relinquish; to 
 remise or release. Postea jus suum remisit, 
 et qwietum clamavit, afterwards remised 
 and quitclaimed his right. Bracton, fol. 
 313b. 
 
 To remand on habeas corpus. 3 How. St. 
 Tr. 161. 
 
 REMITTIT DAMNA (Lat. he releases 
 damages). An entry on the record, by 
 which the plaintiff declares that he remits 
 the damages or a part of the damages 
 which have been awarded him by the jury, 
 is so called. 
 
 In some cases, a misjoinder of actions 
 may be cured by the entry of a remittit 
 damna. 1 Chit. PL *207. 
 
 REMITTITUR DAMNUM (or DAMNA). In 
 practice. The act of the plaintiff upon the 
 record, whereby he abates or remits the ex- 
 cess of damages found by the jury beyond 
 the sum laid in the declaration. See 1 
 Saund. 285, note 6; 4 Conn, 109; Bouv. 
 Inst. Index. 
 
 REMITTITUR OF RECORD. After a rec- 
 ord has been removed to the supreme court, 
 and a judgment has been rendered, it is 
 to be remitted or sent back to the court 
 below, for the purpose of retrying the 
 cause, when the judgment has been re- 
 versed, or of issuing an execution when 
 it has been affirmed. The act of so re- 
 turning the record, and the writ issued for 
 that purpose, bear the name of "remitti- 
 tur." 
 
 REMITTOR. A person who makes a re- 
 mittance to another. 
 
 REMONSTRANCE. A petition to a court 
 or deliberative or legislative body, in which 
 those who have signed it request that some- 
 thing which it is in contemplation to per- 
 form shall not be done. 
 
 REMOTE CAUSE. See "Proximate Cause." 
 
 REMOTE DAMAGES. Damages are too 
 remote to be actionable when not the legal 
 and natural consequence of the act com- 
 plained of. Sweet. 
 
 Remote damages are such as are the un- 
 usual and unexpected result, not reason- 
 ably to be anticipated from an accidental 
 or unusual combination of circumstances, 
 — a result beyond and over which the negli- 
 gent party has no control. 175 111. 406; 
 131 lU. App. 295; 123 111. App. 25. See 
 "Damages;" "Proximate Damages." 
 
 REMOTE EVIDENCE. Evidence so dis- 
 connected from the fact to be proved as to 
 be irrelevant thereto. See "Evidence." 
 
 REMOTO IMPEDIMENTO, EMERGIT AC- 
 tio. The impediment being removed, the ac- 
 tion arises. 5 Coke, 76; Wingate, Max. 20. 
 
 REMOVAL OF CAUSE. The removal of a 
 cause from the court in which it was com- 
 menced to another court, in which it there- 
 after proceeds. The term seems literally 
 to include change of venue and removal to 
 a reviewing court, but to these it is rarely 
 applied, being ordinarily used to denote the 
 removal of a cause from a state to a fed- 
 eral court, where a federal question is in- 
 volved, or the parties are citizens of differ- 
 ent states, or one of them is an alien (see 
 Act Cong. March 3, 1887), or to proceed- 
 ings under state statutes for the transfer 
 of a cause to another of concurrent juris- 
 diction. 
 
 REMOVER. In practice. A transfer of 
 a suit or cause out of one court into an- 
 other, which is effected by writ of error, 
 certiorari, and the like. 11 Coke, 41. 
 
EEMUNERATION 
 
 876 
 
 RENTE FONCIERE 
 
 REMUNERATION. Reward; recompense; 
 salary. Dig. 17. 1. 7. 
 
 RENANT, or RENIANT. In old English 
 law. Denying. 32 Hen. VIII. c. 2. 
 
 RENCOUNTER. A sudden meeting; as 
 opposed to a duel, which is deliberate. 
 
 RENDER. In the civil law. To yield; 
 to return; to give again. It is the reverse 
 'of "prender." See "Rendition of Judg 
 ment." 
 
 RENDITION OF A JUDGMENT. The ju- 
 dicial act of the court in pronouncing the 
 sentence of the law upon the facts in con- 
 troversy as ascertained by the pleadings 
 and verdict. 195 111. App. 181. 
 
 The announcement of the decision of the 
 court, as by a verbal decision entered in 
 the minutes, the filing of findings, etc. 
 
 It differs from "entry of judgment," 
 which is the formal entry of the judgment 
 upon the records. 80 Cal. 166. But see 9 
 Minn. 318. 
 
 RENEGADE. One who has changed his 
 profession of faith or opinion; one who 
 has deserted his church or party. 
 
 RENEWAL. A change of something old 
 for something new; as, the renewal of a 
 note; the renewal of a lease. See "Nova- 
 tion;" 1 Bouv. Inst, note 800. 
 
 RENOUNCE. To give up a right; for 
 example, an executor may renounce the 
 right of administering the estate of the tes- 
 tator; a widow, the right to administer to 
 her intestate husband's estate. 
 
 RENOUNCING PROBATE. Giving up the 
 right to be executor of a will, wherein he 
 has been appointed to that office, by refus- 
 ing to tafee out probate of such will. Toller, 
 Ex'rs, 42; 1 Williams, Ex'rs, 230, 231; 20 
 & 21 Vict. c. 77, §79; 21 & 22 Vict. c. 
 94, § 16. 
 
 RENOVARE (Lat.) In old English law. 
 To renew. Anniiatiin renovare, to renew 
 annually. A phrase applied to profits which 
 are taken and the product renewed again. 
 Amb. 131. 
 
 RENT. A return or compensation for the 
 possession of some corporeal inheritance, 
 and is a certain profit, either in money, pro- 
 visions, or labor, issuing out of lands and 
 tenements, in return for their use. 
 
 Some of its common-law properties are 
 that it must be a profit to the proprietor, 
 certain in its character, or capable of being 
 reduced to a certainty, issuing yearly, that 
 is, periodically, out of the thing granted, 
 and not be part of the land or thing itself. 
 Co. Litt. 47; 2 Bl. Comm. 41. 
 
 At common law there were three species 
 of rent, — rent service, having some cor- 
 poreal service attached to the tenure of tha 
 land, to which the right of distress was 
 necessarily incident; rent charge, which 
 
 was a reservation of rent, vrith a clause 
 authorizing its collection by distress; and 
 rent seek, where there was no such clause, 
 but the rent could only be collected by an 
 ordinary action at law. These distinctions, 
 however, for all _ practical purposes, have 
 become obsolete, in consequence of various 
 statutes both in England and in this coun- 
 try, allovnng every kind of rent to be dis- 
 trained for without distinction. See Tayl. 
 Landl. & Ten. § 370. 
 
 RENT CHARGE. See "Rent." 
 
 RENT ROLL. A list of rents payable to 
 a particular person or public body. 
 
 RENT SECK. See "Rent," 
 
 RENT SERVICE. See "Rent." 
 
 RENTS, ISSUES, AND PROFITS. The 
 
 profits arising from property generally 
 (Gen. St. Mass. 1860, p. 537; Rev. St. N. 
 Y. st. 1849), for better protection of prop- 
 erty of married women. 
 
 This phrase in the Vermont statute has 
 been held not to cover "yearly profits." 
 26 Vt. 741. 
 
 ' RENTS OF ASSIZE. The certain and de- 
 termined rents of the freeholders and an- 
 cient copyholders of manors are called 
 "rents of assize," apparently because they 
 were assized or made certain, and so dis- 
 tinguished from a redditus mobilis, which 
 was a variable or fluctuating rent. 3 Cruise, 
 Dig. 314; Brown. 
 
 RENTS RESOLUTE. Rents anciently 
 payable to the crown from the lands of ab- 
 beys and religious houses; and after their 
 dissolution, notwithstanding that the lands 
 were demised to others, yet the rents were 
 still reserved and made payable again to 
 the crown. Cowell. 
 
 RENTAL. A roll or list of the rents of 
 an estate, containing the description of the 
 lands let, the names of the tenants, and 
 other particulars connected with such 
 estate. This is the same as "rent roll," 
 from which it is said to be corrupted. 
 
 Derived from or pertaining to rent, as 
 rental value. 
 
 RENTAL BOLLS. In Scotch law. When 
 the tithes (tiends) have been liquidated 
 and settled for so many bolls of corn year- 
 ly. Bell, Diet. 
 
 RENTAL RIGHTS. In English law. A 
 species of lease usually grantted at a low 
 rent and for life. Tenants under such 
 leases were called "rentalers" or "kindly 
 tenants." 
 
 RENTE. In French law. A word nearly 
 synonymous with our word "annuity." 
 
 RENTE FONCIERE. In French Ip. A 
 rent which issues out of land ; and it is of 
 its essence that it be perpetual, for if it be 
 made but for a limited time, it is a lease. 
 
RENTE VIAGERE 
 
 877 
 
 REPLEADER 
 
 It may, however, be extinguished. Civ. 
 Code La. arts. 2750, 2759. See "Ground 
 Rent." 
 
 RENTE VIAGERE. In French law. An 
 annuity for life. Civ. Code La. art. 2764. 
 
 REO ABSENTE (Lat.) Defendant being 
 absent. 
 
 REP SILVER. In old records. Money 
 paid by servile tenants for exemption from 
 the customary duty of reaping for the lord. 
 Cowell. 
 
 REPAIRS. That work which is done to an 
 estate to keep it in good order. It does not 
 include additions and adaptions of the 
 premises to new uses. 24 N. J. Eq. 358. 
 
 REPARATION. The redress of an injury; 
 amends for a tort inflicted. See "Remedy." 
 
 REPARATIONS FACIENDA, WRIT DE 
 (Lat.) The name of an ancient writ, 
 which lies by one or more joint tenants 
 against the other joint tenants, or by a per- 
 son owning a house or building against 
 the owner of the adjoining building, to 
 compel the reparation of such joint prop- 
 erty. Fitzh. Nat. Brev. 295. 
 
 REPATRIATION. The regaining of a na- 
 tionality once lost; the converse of "ex- 
 patriation." 
 
 REPEAL. The abrogation or destruction 
 of a law by a legislative act. 
 
 A repeal is "express," as, when it is liter- 
 ally declared by a subsequent law, or "im- 
 plied," when the new law contains pro- 
 visions contrary to or irreconcilable with 
 those of the former law, or which, though 
 reconcilable, are manifestly designed to fur- 
 nish an exclusive rule. 
 
 A law may be repealed by implication, 
 by an affirmative as well as by a negative 
 statute, if the substance, is inconsistent 
 with the old statute. 1 Ohio, 10; 2 Bibb 
 (Ky.) 96; Harper (S. C.) 101; 4 Wash. 
 C. C. (U. S.) 691. 
 
 Repeal is express where the repealing act 
 explicity refers to an existing law, and de- 
 clares its repeal. 
 
 Where statutes are repugnant, there is, 
 of course, an implied repeal. An implied 
 repeal also results from an act covering 
 the whole subject matter, and obviously de- 
 signed as a substitute (84 111. 590; 123 N. 
 Y. 485), or by a revision or codification of 
 the law (78 Wis. 457; 30 Vt. 344). 
 
 REPELLITUR A SACRAMENTO INFA- 
 
 mis. An Infamous person is repelled or pre- 
 vented from taking an oath. Co. Litt. 158; 
 Bracton, 185. 
 
 REPELLITUR EXCEPTIONE CEDEN- 
 darum actionum. He is defeated by the plea 
 that the actions have been assigned. 1 
 Johns. Ch. (N. Y.) 409, 414. 
 
 REPERTORY. In French law. A word 
 used to denote the inventory or minutes 
 which notaries are required to make of all 
 contracts which take place before them. 
 Dalloz. 
 
 REPETITION. 
 
 In Civil Law. The act by which a 
 
 person demands and seeks to recover what 
 he has paid by mistake or delivered on a 
 condition which has not been performed. 
 Dig. 12. 4. 5. 
 
 The name of an action which lies to re- 
 coyer the payment which has been made by 
 mistake, when nothing was due. 
 
 Repetition is never admitted in relation 
 to natural obligations which have been vol- 
 untarily acquitted, if the debtor had ca- 
 pacity to give his consent. 6 Toullier, Dr. 
 Civ. 386. 
 
 In order to entitle the payer to recover 
 back money paid by mistake, it must have 
 been paid by him to a person to whom he 
 did not owe it, for otherwise he cannot re- 
 cover it back, — the creditor having, in such 
 case, the just right to retain the money. 
 Bepetitio nulla est ah eo qui swam recepit. 
 
 How far money paid under a mistake of 
 law is liable to repetition has been dis- 
 cussed by civilians; and opinions on this 
 subject are divided. 2 Poth. Obi. (Evans 
 Ed.) 369, 408-437; 1 Story.Eq. PL §111, 
 note 2. 
 
 — — In Scotch Law. The act of reading 
 over a witness' deposition, in order that he 
 may adhere to it or correct it, at his choice. 
 The same as recolement (q. v.) in the 
 French law. 2 Benth. Ev. bk. 3, c. 12, p. 
 239. See "Legacy." 
 
 REPETITUIVI NAIVIIUM. A repeated, sec- 
 ond or reciprocal distress; withernam. 3 
 Bl. Comm. 148. 
 
 REPETUNDAE, or PECUNIAE REPE- 
 tundae. In Roman law. The terms used to 
 designate such sums of money as the sodi 
 of the Roman state, or individuals, claimed 
 to recover from magistratus, judices, or 
 publid curatores, which they had improp- 
 erly taken or received in the provmciae, 
 or in the urbs Roma, either in the discharge 
 of their jurisdictio, or in their capacity of 
 judices, or in respect of any other public 
 function. Sometimes the word "repetun- 
 dae" was used to express the illegal act 
 for which compensation was sought. 
 Wharton. 
 
 REPETUNDARUIM CRIMEN (Lat.) In 
 the Roman law. The crime of bribery or 
 extortion in a magistrate, or person in any 
 public office. Calv. Lex.; Halifax, Anal, 
 bk. 3, c. 12, No. 73; Dig. 48. 11; Code, 
 9. 27. 
 
 REPLEADER. In pleading. Making a 
 new series of pleadings. 
 
 Judgment of repleader differs from a 
 judgment n'on obstante veredicto in this, 
 that it is allowed by the courts to do jus- 
 tice between the parties where the defect 
 
REPLEGIARE 
 
 878 
 
 REPOSITION OF THE FOREST 
 
 is in the form or manner of stating the 
 right, and the issue joined is on an im- 
 material point, so that it cannot tell for 
 whom to give judgment (7 Mass. 312; 3 
 Pick. [Mass.] 124; 19 Pick. [Mass.] 419); 
 while judgment non obstante is given only 
 where it is clearly apparent to the court 
 that the party who has succeeded has, upon 
 his own showing, no merits, and cannot 
 have by any manner of statement (1 Chit. 
 PI. 568). See 19 Ark. 194. 
 
 REPLEGIARE (Lat.) To replevy; to re- 
 deem a thing detained or taken by another, 
 by putting in legal sureties. See "De 
 Homine Replegiando." 
 
 REPLEGrARE DE AVERIIS (Lat.) A 
 writ brought bjr one whose cattle are im- 
 pounded or distrained, upon security given 
 ,to the sheriff to pursue or answer the ac- 
 tion at law. 7 Hen. VIII. c. 4 ; Pitzh. Nat. 
 Brev. 68; New Book of Entries, "Re- 
 plevin;" Dyer, 173; Reg. Orig. 81. 
 
 REPLEGIARE FACIAS (Lat.) A writ of 
 replevin, which issued out of chancery, 
 commanding the sheriff to deliver the dis- 
 tress to the owner, and afterwards to do 
 justice in regard to the matter in his own 
 county court. It was abolished by statute 
 of Marlbridge, which provided a shorter 
 process. 3 Bl. Comm. 147*. 
 
 R E P L E V I A BLE, or REPLEVISABLE. 
 
 Property is said to be r^pleviable or re- 
 plevisable when proceedings in replevin 
 ■ may be resorted to for the purpose of try- 
 ing the right to such property. Brown. 
 
 REPLEVIN. 
 
 At Common Law. A form of action 
 
 which lay to regain the possession of per- 
 sonal chattels taken from the plaintiff un- 
 lavirfuUy. 
 
 It differs from "detinue" in this, that it 
 requires an unlawful taking as the foun- 
 dation of the action; and from all other 
 personal actions in that it is brought to 
 recover the possession of the specific prop- 
 erty claimed to have been unlawfully taken. 
 
 In the United States. By statutes in 
 
 nearly all the states, the actions of re-, 
 plevin and detinue have been merged, the 
 action being usually called "replevin," but 
 sometimes "claim and delivery," so that 
 such action lies for either the unlawful 
 taking or the unlawful detention of prop- 
 erty, i. e., either in the cepit or the detinet, 
 
 REPLEVISH. In old English law. To let 
 one to mainprise upon surety. Cowell. 
 
 REPLEVY. To redeliver goods which 
 have been distrained to the original pos- 
 sessor of them, on his giving pledges in an 
 action of replevin. It signifies, also, the 
 bailing or liberating a man from prison, 
 on his finding bail to answer. See "Re- 
 plevin." 
 
 REPLIANT. One who makes a replica- 
 tion. 
 
 REPLICATIO (Lat.) In the civil law and 
 old English pleading. The plaintiff's an- 
 swer to the defendant's exception or plea; 
 corresponding with and giving name to the 
 replication in modern pleading. Inst. 4. 
 14. pr. 
 
 REPLICATION (Lat. replicare, to fold 
 back). 
 
 In Pleading. The plaintiff's answer to 
 
 the defendant's plea or answer. 
 
 In Equity. The plaintiffs avoidance 
 
 or denial of the answer or defense. Story, 
 Eq. PL § 877. 
 
 A general replication is a general denial 
 of the truth of the defendant's plea or 
 answer, and of the sufficiency of the mat- 
 te ralleged in it to bar the plaintiff's suit, 
 and an assertion of the truth and suffi- 
 ciency of the bill. Cooper, Eq. PI. 329, 330. 
 
 A special replication was one which in- 
 troduced new matter to avoid the defend- 
 ant's answer. Ijb might be followed by re- 
 joinder, surrejoinder, and rebutter. Special 
 replications have been superseded by the 
 practice of amending bills. 1 How. (U. S.) 
 Introd. 55; 17 Pet. (U. S.) Append. 68. A 
 replication must be made use of where the 
 plaintiff intends to introduce evidence, and 
 a subpoena to the defendant to rejoin must 
 be added, unless he will appear gratis. 
 Story, Eq. PI. § 879. 
 
 A replication may be filed nunc pro tunc 
 after witnesses have been examined under 
 leave of court. Story, Eq. PI. § 881; Mitf. 
 Eq. PL (by Jeremy) 323. 
 
 At Law. The plaintiff's reply to the 
 
 defendant's plea. It contains a statement 
 of matter, consistent with the declaration, 
 which avoids the effect of the defendant's 
 plea, or constitutes a joinder in issue 
 thereon. 
 
 REPLY. In its general sense, a reply is 
 what the plaintiff, petitioner, or other per- 
 son who has instituted a proceeding says 
 in answer to the defendant's case. 
 
 In Code Pleading. The second plead- 
 ing of the plaintiff, corresponding to the 
 common-law replication. 
 
 In Trial Practice. The argument of 
 
 plaintiff in answer to that of defendant. 
 
 REPONE (from Lat. reponere, to put 
 back). In Scotch practice. To replace; to 
 restore to a former state or right. 2 Alls. 
 Crim. Prac. 351. 
 
 REPORT. An official or formal statement 
 of facts or proceedings. 
 
 A printed or vyritten account of the ju- 
 dicial determination of a case. In this 
 sense, the term is used ordinarily in the 
 plural to denote the published volumes of 
 reports of decisions. 
 
 REPORTARE (Law Lat.) In old English 
 practice. To report. 
 
 REPOSITION OF THE FOREST. In old 
 
 English law. An act whereby certain forest 
 grounds, being made pmlieu upon view, 
 
REPRESENT 
 
 879 
 
 REPRISALS 
 
 were by a second view laid to the forest 
 again, — put back into the forest. Manw. 
 For, Law; Cowell. 
 
 REPRESENT. To state or assert. 
 
 To act as substitute or agent for another. 
 
 REPRESENTATION. 
 
 In Practice. A doctrine by which a 
 
 particular party, though not before the 
 court in person, is so far represented by 
 others that his interest receives such actual 
 and efficient protection that the decree may 
 be held to be binding upon him. 209 111. 141. 
 
 In Insurance. The stating of facts by 
 
 one applying for a policy of insurance, 
 whether in writing or orally, expressly or 
 by plain implication, preliminary and in 
 reference to making the insurance, obvious- 
 ly tending to influence the insurer as to 
 entering into the contract. 1 Phil. Ins. 
 § 524; 12 Md. 348; 11 Cush. (Mass.) 324; 
 2 N. H. 551; 6 Gray (Mass.) 221. 
 
 A representation is to be distinguished 
 from a "warranty," which is a statement 
 of facts by the insured,, which is a part of 
 the contract. 21 Conn. 19; 49 Me. 200. 
 
 There is no certain rule to determine 
 whether particular statements are repre- 
 sentations or warranties. Statements ex- 
 pressly declared to be warranties (78 Hun. 
 [N. Y.] 222), or incorporated in the policy, 
 actually (39 N. J. Law, 89) or by refer- 
 ence (45 N. Y. 80), are warranties, but 
 otherwise the question is one of intent; 
 the use of the word "warrant" not being 
 conclusive (59 N. Y. 557), and a state- 
 ment will be declared a representation un- 
 less the contrary intent is clear (98 Mass. 
 381). 
 
 The importance of the distinction lies in 
 the fact that breach of any warranty avoids 
 the policy, while breach of a representation 
 is fatal only when such representation is ma- 
 terial to the risk. 98 Mass. 381. 
 
 In Scotch Law. The name of a plea 
 
 or statement presented to the lord ordinary 
 of the court of session when his judgment 
 is brought under review. 
 
 REPRESENTATION OF PERSONS. A 
 
 fiction of the law, the effect of which is to 
 put the representative in the place, degree, 
 or right of the person represented. 
 
 The heir represents his ancestor (Bae. 
 Abr. "Heir and Ancestor" [A]; the de- 
 visee, his testator; the executor, his testa- 
 tor; the administrator, his intestate; the 
 successor in corporations, his predecessor; 
 and, generally speaking, they are entitled 
 to the rights of the persons whom they 
 represent, and bound to fulfill the duties 
 and obligations which were binding upon 
 them in those characters. 
 
 Representation was unknown to the Ro- 
 mans, and was invented by the commenta- 
 tors and doctors of the civil law. TouUier, 
 Dr. Civ. liv. 3, tit. 1, c. 3, note 180. See 
 Ayliffe, Pand. 397; Dalloz, "Succession," 
 art. 4, § 2. 
 
 REPRESENTATIVE. One who represents 
 or is in the place of another. One having 
 lawful authority to act in behalf of the 
 property and bind the owner in regard 
 thereto. 104 111. 554. 
 
 In legislation, it signifies one who has 
 been elected a member of that branch of 
 the legislature called the "house of repre- 
 sentatives." 
 
 The executor or administrator of a de- 
 ceased person is called the "personal repre- 
 sentative," to distinguish him from the 
 "real representative," or heir at law. 39 
 Barb. (N, Y.) 520. 
 
 REPRESENTATIVE ACTION OR SUIT. 
 
 A representative action or suit is one 
 brought by a member of a class of persons 
 on behalf of himself and the other mem- 
 bers of the class. 
 
 REPRESENTATIVE DEMOCRACY. A 
 form of government where the powers of 
 the sovereignty are delegated to a body of 
 men, elected from time to time, who exer- 
 cise them for the benefit of the whole na- 
 tion. 1 Bouv. Inst, note 31. 
 
 REPRESENTATIVE PEERS. Those who, 
 at the commencement of every new parlia- 
 ment, are elected to represent Scotland and 
 Ireland in the British house of lords. 
 Brown. 
 
 REPRIEVE (from Fr. reprendre, to take 
 back). In criminal practice. The with- 
 drawing of a sentence for an interval of 
 time, which operates in delay of execution. 
 4 Bl. Comm. 394. It is a deferring of sen- 
 tence to a definite day, as opposed to an in- 
 definite "suspension." 1 Park. Cr. R. 266. 
 See "Pardon." 
 
 REPRISALS. The forcibly taking a thing 
 by one nation which belonged to another, 
 in return or satisfaction for an injury com- 
 mitted by the latter on the former. Vattel, 
 bk. 2, c. 18, § 342; 1 Bl. Comm. c. 7. 
 
 (1) General reprisals take place by vir- 
 tue of commissions delivered to officers and 
 citizens of the aggrieved state, directing 
 them to take the persons and property be- 
 longing to the offending state wherever 
 found. 
 
 (2) Negative reprisals take place when a 
 nation refuses to fulfill a perfect obliga- 
 tion which it has contracted, or to permit 
 another state to enjoy a right which it 
 justly claims. 
 
 (3) Positive reprisals consist in seizing 
 the persons and effects belonging to the 
 other nation, in order to obtain satisfaction. 
 
 (4) Special reprisals are such as are 
 granted in times of peace to particular- in- 
 dividuals who have suffered an injury from 
 the citizens or subjects of the other nation. 
 
 Reprisals are used between nation and 
 nation to do themselves justice, when they 
 cannot otherwise obtain it. Congress has 
 the power to grant letters of marque and 
 reprisal. Const. U. S. art. 1, § 8. cl. 11. 
 
REPRISES 
 
 880 
 
 REPUGNANT 
 
 Reprisals are made in two ways, — either 
 by embargo, in which case the act is that 
 of the state, or by letters of marque and 
 reprisal, in which case the act is that of 
 the citizen, authorized by the government. 
 See 2 Brown, Civ. Law, 334. 
 
 REPRISES. The deductions and payments 
 out of lands, annuities, and the like are 
 called "reprises," because they are taken 
 back. When we speak of the clear yearly 
 value of an estate, we say it is worth so 
 much a year ultra reprises, besides all re- 
 prises. 
 
 In Pennsylvania, lands are not to be sold 
 when the rents can pay the incumbrances 
 in seven years, beyond all reprises. 
 
 REPROBATA PECUNIA LIBERAT SOL- 
 
 ventum. Money refused liberates the debt- 
 or. 9 Coke, 79. But this must be under- 
 stood with a qualification. See "Tender." 
 
 REPROBATION. In ecclesiastical - law. 
 The propounding exceptions either against 
 facts, persons, or things; as, to allege that 
 certain deeds or instruments have not been 
 duly and lawfully executed; or that certain 
 persons are such that they are incompetent 
 as witnesses; or that certain things ought 
 not, for legal reasons, to be admitted. 
 
 REPROBATOR, ACTION OF. In Scotch 
 law. An action or proceeding intended to 
 convict a witness of perjury, to which the 
 witness must be made a party. Bell, Diet. 
 
 REPROBUS. (Lat.) In old English law. 
 Bad or spurious; reprobate. A term ap- 
 plied to money which might be rejected or 
 refused. 
 
 REPUBLIC. A commonwealth; thkt form 
 of government in which the administration 
 of affairs is open to all the citizens. In 
 another sense, it signifies the state, inde- 
 pendently of its form of government. 1 
 Toullier, Dr. Civ. n. 28, and n. 202, note. 
 
 REPUBLICATION. An act done by a tes- 
 tator, from which it can be concluded that 
 he intended that an instrument which had 
 been revoked by him should operate as his 
 will; or it is the re-execution of a will by 
 the testator, with a view of giving it full 
 force and effect. 
 
 The republication is express when there 
 has been an actual re-execution of it (1 
 Ves. Jr. 440; 2 Rand. [Va.] 192; 9 Johns. 
 [N. Y.] 312) ; it is implied when, for ex- 
 ample, the testator by a codicil executed 
 according to the statute of frauds, reciting 
 that he had made his will, added, "I hereby 
 ratify and confirm my said will, except in 
 the alterations after mentioned" (3 Brown, 
 Pari. Gas. 85). The will might be at a 
 distance, or not in the power of the testa- 
 tor, and it may be thus republished. 1 Ves. 
 Sr. 437; 3 Bing. 614; 1 Ves. Jr. 486; 4 
 Brown, Ch. 2. 
 
 REPUDIATION. 
 
 In Civil Law. A term used to signify 
 
 the putting away of a wife or a woman be- 
 trothed. 
 
 Properly, "divorced" is used to point out 
 the separation of married persons; "repu- 
 diation," to denote the separation either of 
 married people, or those who are only af- 
 fianced. Divortium est repudium et separa- 
 tio maritorum; repudium est renunciatio 
 sponsalium, vel etiam est divortium. Dig. 
 50. 16. 101. 
 
 A determination to have nothing to, do 
 with any particular thing; as, a repudia- 
 tion of a legacy is the abandonment of such 
 legacy, and a renunciation of all right to it, 
 
 In Ecclesfastical Law. The refusal to 
 
 accept a benefice which has been conferred 
 upon the party repudiating. 
 
 REPUDIUM (Lat.) In Roman law. A 
 breaking off of the contract of espousals, or 
 of a marriage intended to be solemnized. 
 Sometimes translated "divorce," but this 
 was not the proper sense. Dig. 50. 16. 191. 
 
 REPUGNANCY (Lat. re, back, against, 
 pugnare, to fight). 
 
 In Contracts. A disagreement or in- 
 consistency between two or more clauses of 
 the same instrument. In deeds, and other 
 instruments inter vivos, the earlier clause 
 prevails, if the inconsistency be not so 
 great as to avoid the instrument for uncer- 
 tainty. Hardw. 94; Owen, 84; 2 Taunt. 
 109; 15 Sim. 118; 2 C. B. 830; 13 Mees. & 
 "W. 534. 
 
 In wills, the latter clause prevails, under 
 the same exceptions. Co. Litt. 112b; Plowd. 
 541; 2 Taunt. 109; 6 Ves. 100; 2 Mylne & 
 K. 149; 1 Jarm. Wills, 411. See 23 Am. 
 Jur. 277; 1 Pars. Cont. 26. 
 
 Repugnancy in a condition renders it 
 void. 2 Salk. 463; 2 Mod. 285; 11 Mod. 191; 
 1 Hawks (N. C.) 20; 7 J. J. Marsh. (Ky.) 
 192. And see, generally, 3 Pick. (Mass.) 
 272; 4 Pick. (Mass.) 54; 6 Cow. (N. Y.) 
 677. 
 
 In Pleading. An Inconsistency or dis- 
 agreement between the statements of ma- 
 terial facts in a declaration or other plead- 
 ing; as, where certain timber was said to 
 be for the completion of a house already 
 built. 1 Salk. 213. 
 
 Repugnancy of immaterial facts, or of 
 redundant and unnecessary matter, if it 
 does not contradict material allegations, 
 will not, in general, vitiate the pleadings. 
 Co. Litt. 303b; 10 East, 142; 1 Chit. PI. 
 233. See Lawes, PI. 64; Steph. PI. 378; 
 Comyn, Dig. "Abatement" (H 6) ; 1 Viner, 
 Abr. 36; 19 Viner, Abr. 45; Bac Abr. 
 "Amendments, etc," (E 2), "Pleas" (I 4). 
 
 REPUGNANT (Lat. repugnam, from re- 
 pugnare, to fight against). Contrary to; in 
 conflict with. A condition repugnant to the 
 nature of the estate to which it is annexed 
 is void. 1 Steph. Comm. 281. 
 
REPUTABLE 
 
 881 
 
 RES 
 
 REPUTABLE. Reputable means "worthy 
 of repute or distinction," "held in esteem," 
 "honorable," "praiseworthy." 123 111. 245. 
 
 The term "reputable person" has refer- 
 ence to a person's real character as dis- 
 tinguished from his reputation. 165 la. 189, 
 144 N. W. 1021. 
 
 REPUTATIO EST VULGARIS OPINIO 
 ubi non est Veritas. Reputation is a common 
 opinion where there is no certain knowl- 
 edge. 4 Coke, 107. 
 
 REPUTATION. The opinion generally en- 
 tertained in a community regarding any 
 matter. Thus, certain matters of pedigree 
 may be proved by common repute. 
 
 Most commonly used in the sense of per- 
 sonal reputation, the opinion entertained 
 regarding a man in a community. 
 
 "Reputation" is to be distinguished from 
 "character" (q. v.) Character is what a per- 
 son is; reputation is what he is supposed 
 to be. Character is injured by tempta- 
 tions and wrongdoings; reputation, by 
 slanders and libels. Abbott. See 26 N. Y. 
 203. 
 
 REPUTED. Accepted by general, vulgar, 
 or public opinion. Thus, land may be re- 
 puted part of a manor, though not really 
 so, and a certain district may be reputed a 
 parish or a manor, or be a parish or a 
 manor in reputation, although it is in 
 reality no parish or manor at all. Brown. 
 
 REPUTED MANOR. In feudal law. A 
 name sometimes applied to a manor which 
 has, by becoming separated from the serv- 
 ices by which it was formerly held, ceased 
 to be a manor in fact. 
 
 REQUEST (Lat. requiro, to ask for). 
 
 In Contracts. A notice of a desire on 
 
 the part of the person making it that the 
 other party shall do something in relation 
 to a contract. Generally, when a debt is 
 payable immediately, no request need be 
 made. 10 Mass. 230; 3 Day (Conn.) 327; 
 IJohns. Cas. (N. Y.) 319. 
 
 • In Pleading. The statement in the 
 
 plaintiff's declaration that a demand or re- 
 quest has been made by the plaintiff of the 
 defendant to do some act which he was 
 bound to perform, and for which the action 
 is brought. 
 
 A general request is that stated in the 
 form, '^although often requested so to do" 
 (licet saepe, requisitus) , generally added in 
 the common breach to the money counts. 
 Its omission will not vitiate the declara- 
 tion. 2 H. Bl. 131; 1 Wils. 33; 1 Bos. & P. 
 59; 1 Johns. Cas. (N. Y.) 100. 
 
 A special request is one provided for by 
 the contract expressly or impliedly. Such 
 a request must be averred (5 Term R. 409; 
 1 East, 204; 3 Bulst. 297; 3 Campb. 549; 2 
 Barn. & C. 685) and proved (1 Saund. 32, 
 note 2) . It must state time and place of 
 making, and by whom it was made, that 
 the court may judge of its sufficiency. 1 
 
 Strange, 89; Comyn, Dig. "Pleader" (C 69, 
 70); 1 Saund. 33, note; 2 Vent. 75. See 
 "Demand." 
 
 In wills, see "Precatory Words." 
 
 REQUEST, LETTERS OF. See "Letters 
 of Request." 
 
 REQUEST NOTES. In English law. Cer- 
 tain notes or requests from persons amena- 
 ble to the excise laws, to obtain a permit 
 for removing any excisable goods or ar- 
 ticles from one place to another. 
 
 REQUISITION. The act of demanding a 
 thing to be done by virtue of some right. 
 
 The demand made by the governor of one 
 state on the governor of another for a fugi- 
 tive from justice. 
 
 The term "requisition" is sometimes used 
 to denote the surrender of fugitives from 
 one state to another; "extradition" being 
 confined to surrender of fugitives by a for- 
 eign country. 
 
 When, as is more common, "extradition" 
 is used to embrace both interstate and in- 
 ternational extradition, "requisition" is ap- 
 plied to the formal request of the governor 
 for the surrender, and not to the other pro- 
 ceedings. 
 
 REQUISITIONS ON TITLE. In English 
 conveyances. Objections to the title shown 
 by an abstract pointed out by the pur- 
 chaser's solicitor to the vendor's solicitor. 
 
 REREFIEFS. In Scotch law. Inferior 
 fiefs; portions of a fief or feud granted 
 out to inferior tenants. 2 Bl. Comm. 57. 
 
 RERUM ORDO CONFUNDITUR, SI UNI- 
 culque jurisdictio non servatur. The order of 
 things is confounded if every one preserves 
 not his jurisdiction. 4 Inst. Proem. 
 
 RERUM PROGRESSU OSTENDUNT 
 multa, quae in initio praecaveri seu praevi- 
 deri non possunt. In the course of events, 
 many mischiefs arise which at the begin- 
 ning could not be guarded against or fore- 
 seen. 6 Coke, 40. 
 
 RERUM SUARUM QUILIBET EST MOD- 
 erator et arbiter. Every one is the man- 
 ager and disposer of his own matters. Co. 
 Litt. 223. 
 
 RES (Lat. things). It has a general signi- 
 fication, including both corporeal and in- 
 corporeal things. 3 Inst. 182. 
 
 The terms res, bona, Mens, use^ by jur- 
 ists who have written in the Latin and 
 French languages, are intended to include 
 movable or personal, as well as immovable 
 or real, property. 1 Burge, Confi. Laws, 
 19. See "Biens;" "Bona;" "Things." 
 
 By res, according to the modern civil- 
 ians, is meant everything that may form 
 an object of rights, as in opposition to per- 
 sona, which is regarded as a subject of 
 rights. Res, therefore, in its general mean- 
 ing, comprises actions of all kinds; while 
 in its restricted sense it comprehends every 
 
RES ACCENDENT LUMINA 
 
 882 
 
 RES IMMOBILES 
 
 object of rights except actions. 1 Mackeld. 
 Civ. Law, 151, § 146. This has reference 
 to the fundamental division of the insti- 
 tutes that all law relates either to persons, 
 to things, or to actions. 
 
 The term is used in many special senses, 
 among these being a business matter or 
 question (Dig. 48. 19. 38. 5) ; equity (Dig. 
 48. 8. 1. 3) ; an inheritance (Calv. Lex.) ; 
 a suit; the subject matter of a suit (Story, 
 Confl. Laws, § 592a) ; substance; property; 
 ownership (Calv. Lex.) ; a contract (Dig. 
 50 16, 6) ; truth (Dig. 48. 10. 'l. '4) ; em- 
 pire (Tayl. Civ. Law, 62). 
 
 These have been variously divided and 
 classified in law, e. g., in the following 
 ways: (1) Corporeal and incorporeal 
 things; (2) movables and immovables; (3) 
 res mancipi and res nee mancipi; (4) 
 things real and things personal; (5) things 
 in possession and choses {L e., things) in 
 action; (6) fungible things and things not 
 fungible (fungihiles vel non fungibiles) ; 
 and (7) res singutae (i. e., individual ob- 
 jects) and universitates rerum (i. e., ag- 
 gregates of things). Also perspns are for 
 some purposes and in certain respects re- 
 garded as things. 
 
 RES ACCENDENT UUMINA REBUS. 
 One thing throws light upon others. 4 
 Johns. Ch. (N. Y.) 149. 
 
 RES ACCESSORIA (Lat.) In the civil 
 law. An accessory thing; that which be- 
 longs to a principal thing, or is in con- 
 nection with it. 1 Mackeld. Civ. Law, 155, 
 § 152. Otherwise termed accessio. Id. § 
 153. 
 
 RES ACCESSORIA SEQUITUR REM 
 principalem. An accessory follows its prin- 
 cipal. Broom, Leg. Max. (3d London Ed.) 
 433. For a definition of res accessoria, see 
 Mackeld. Civ. Law, 155. 
 
 RES ADJUDICATA. See "Res Judicata." 
 
 RES CADUCA. In the civil law. A fallen 
 or escheated thing; an escheat. Halifax, 
 Civ. Law, bk. 2, c. 9, No. 60. 
 
 RES COMMUNES (Lat.) In civil law. 
 Those things which, though a separate 
 share of them can be enjoyed ana used 
 by every one, cannot be exclusively and 
 wholly appropriated; as, light, air, running 
 water. Mackeld. Civ. Law, §156; Ersk. 
 Inst. 1. 1. 5. 6. 
 
 RES CONTROVERSA. In the civil law. A 
 matter controverted; a matter in controver- 
 sy; a point in question; a question for de- 
 termination. Calv. Lex. 
 
 RES CORONAE. In old English law. 
 Things of the crown; such as ancient 
 manors, homages of the king, liberties, etc. 
 Fleta, lib. 3, c. 6, § 3. 
 
 RES CO RPO RALES. In the civil law. Cor- 
 poreal things; things which can be touched. 
 
 or are perceptible to the senses. Dig. 1. 8. 
 1. 1; Inst. 2. 2; Bracton, fols. 7b, 10b, 13b. 
 
 RES DENOMINATUR A PRINCIPALIO- 
 ri parte. A thing is named from its principal 
 part. 6 Coke, 47. 
 
 RES EST MISERA UBl JUS EST VAGUM 
 et incertum. It is a miserable state of 
 things where the law is vague and uncer- 
 tain. 2 Salk. 512. 
 
 RES FUNGIBILES (Lat.) In the civil law. 
 Fungible things. 
 
 RES FURTIVAE (Law Lat.) In Scotch 
 law. Goods which have been stolen. Bell, 
 Diet. 
 
 RES, GENERALEM HABET SIGNIFICA- 
 tionem, quia tarn corporea, quam Incorpo- 
 rea, cujuscunque sunt generis, naturae sive 
 speciei, comprehendlt. The word "things" 
 has a general signification, because it com- 
 prehends as well corporeal as incorporeal 
 objects, of whatever nature, sort, or species. 
 3 Inst. 482; 1 Bouv. Inst, note 415. ^ 
 
 RES GESTAE. The facts surrounding or 
 accompanying a transaction which is the 
 subject of legal proceedings. 
 
 The phrase is generally used in the law 
 of evidence; the rule being that evidence 
 of words or acts may be .admissible (not- 
 withstanding the rule against derivative 
 evidence) on the ground that they are part 
 of the res gestae, provided that the act 
 they accompanied is in itself admissible 
 in evidence, and that they reflect light 
 upon or qualify that act. Thus, the dec- 
 laration of a railroad engineer as to the 
 cause of an accident, made immediately 
 thereafter, was held admissible in an ac- 
 tion against the railroad company. 55 Pa. 
 St. 396. And in criminal cases, remarks 
 of defendant (25 Grat. [Va.] 921), or by 
 the injured person (10 Mo. App. Ill; 34 
 Iowa, 131), are admissible if connected 
 with the transaction, and connected with 
 both in point of time and causal connec- 
 tion; but remarks of persons not in some 
 manner connected with the transaction are 
 inadmissible (99 Mass. 438). 
 
 No inflexible rule can be laid down as to 
 the necessary proximity in point of time be-, 
 tween the declaration arid the act under 
 investigation. See 9 Tex. App. 440; Id. 
 619; 71 Ga. 128. Perhaps the most extreme 
 holding is that declarations of a deceased 
 some hours before the homicide, that she 
 was to meet defendant on business that 
 evening, were held admissiblfe as part of 
 the res gestae in connection with evidence 
 that she went out that evening to meet 
 some one. 62 Minn. 474. 
 
 RES IMMOBILES. In the civil law. Im- 
 movable things; including land and that 
 which is connected therewith, either by na- 
 ture or art, suQh as trees and buildmgs. 
 Mackeld. Civ. Law, § 160. 
 
RES INCORPORALES 
 
 883 
 
 RES PERIIT DOMINO 
 
 RES INCORPORALES. In the civil law. 
 Incorporeal things; things which cannot be 
 touched; such as those things which con- 
 sist in right. Inst. 2. 2; Bracton, fols. 7b, 
 10b. Such things as the mind alone can 
 perceive. 
 
 RES INTEGRA (Lat. an entire thing; an 
 entirely new or untouched matter). A term 
 applied to those points of law which have 
 not been decided, which are untouched by 
 dictum or decision. 3 Mer. 269; 1 Burge, 
 Confl. Laws, 241. 
 
 RES INTER ALIOS ACTA (Lat.) A tech- 
 nical phrase which signifies acts of others 
 or transactions between others. 
 
 Neither the declarations nor any other 
 acts of those who are mere strangers, or, 
 as it is usually expressed, any res inter 
 alios acta, are admissible in evidence 
 against anyone. When the party agamst 
 whom such acts are offered in evidence was 
 privy to the act, the objection ceases; it 
 is no longer res inter alios. 1 Starkie, Ev. 
 52; 3 Starkie, Ev. 1300; 4 Man. & G. 282. 
 See 1 Mete. (Mass.) 55. 
 
 RES INTER ALIOS ACTA ALTERI NO- 
 
 cere non debet. Things done between stran- 
 gers ought not to injure those who are not 
 parties to them. Co. Litt. 132; 3 Curt. C. 
 C. (U. S.) 403; 11 Q. B. 1028. 
 
 RES INTER ALIOS JUDICATAE NUL- 
 
 lum aliis praejudicium faciant. Matters ad- 
 judged in a cause do not prejudice those 
 who were not parties to it. Dig. 44. 2. 1. 
 
 RES IPSA LOQUITUR. The thing speaks 
 for itself. A phrase used in actions for 
 injury by negligence, where no proof of 
 negligence is required beyond the accident 
 itself, which is such as necessarily to in- 
 volve negligence. 
 
 RES JUDICATA. A legal or equitable Is- 
 sue which has been decided by a court of 
 competent jurisdiction. 
 
 To constitute a matter res judicata, so 
 that, in a subsequent action, it cannot be 
 drawn in question, (1) the court deciding 
 the issue must have had jurisdiction (10 
 Pet. [U. S.] 474) ; (2) there must be iden- 
 tity of the subject matter of the action (7 
 Johns. [N. Y.] 20); (3) identity of the 
 cause of action (8 Conn. 268; 3 Pick. 
 [Mass.] 429), though the form of action 
 may be different if it be of the same general 
 class, or if the remedies be concurrent (12 
 Gray [Mass.] 428; 28 Minn. 450; 82 Ky. 
 505); (4) identity of parties (4 Mass. 441; 
 5 Me. 410; 23 Barb. [N. Y.] 464), but 
 privies of the parties are bou^d (see 
 "Privy;" 52 N. H. 162; 98 N. Y. 351); 
 
 (5) identity of capacity in which they sue 
 or are sued (4 C. B. 884; 21 Ala. 813); 
 
 (6) and there must have been a final de- 
 termination of the issues (143 Mass. 413; 
 104 111. 369) ; (7) on the merits (91 U. S. 
 526; 42 Mich. 459); (8) upon the partic- 
 ular issue (7 Gray [Mass.] 502), but the 
 
 adjudication is final upon every matter 
 which might have been litigated under the 
 issues made (102 N. Y. 452). 
 
 — —In Proceedings In Rem. Identity of 
 parties is not essential, the adjudication at- 
 taching to the res. See 1 Mete. (Mass.) 
 204. 
 
 RES JUDICATA FACIT EX ALBO Ni- 
 grum, ex nigro album, ex curvo rectum, ex 
 recto curvum. A thing adjudged makes 
 white, black; black, white; the crooked, 
 straight; the straight, crooked. 1 Bouv. 
 Inst, note 840. 
 
 RES JUDICATA PRO VERITATE ACCI- 
 pitur. A thing adjudged must be taken for 
 truth. Co. Litt. 103; Dig. 50. 17. 207: 2 
 Kent, Comm. 120; 13 Mees. & W. C79. See 
 "Res Judicata." 
 
 RES MANCIPI (Lat.) In Roman law. 
 Those things which might be sold and alien- 
 ated, or of which the property might be 
 transferred from one person to another. 
 
 The division of things into res mancipi 
 and res nee mancipi was one of ancient or- 
 igin, and it continued to a late period in 
 the empire. Res mancipi (Ulph. Frag. 
 xix.) are praedia in italico solo, both rustic 
 and urban; also, jura rusticorum prae- 
 diorum or servitutes, as via, iter, aquae- 
 ductus; also slaves, and four-footed ani- 
 mals, as oxen, horses, etc., gwoe collo dor- 
 sove domantur. Smith. To this list may 
 be added children of Roman parents, who 
 were, according to the old law, res mancipi. 
 The distinction between res mancipi and 
 nee mancipi was abolished by Justinian in 
 his Code. Id.; Cooper, Inst. 442. 
 
 RES MOBILES. In the civil law. Mov- 
 able things; things which may be trans- 
 ported from one place to another, without 
 injury to their substance and form. Things 
 corresponding with the chattels personal of 
 the common law. 2 Kent, Comm. 347. 
 
 RES NOVA (Lat.) Something new; some- 
 thing not before decided. 
 
 RES NULLIUS (Lat.) A thing which has 
 no owner. A thing which has been aban- 
 doned by its owner is as much res nullius 
 as if it had never belonged to any one. 
 
 The first possessor of such a thing be- 
 comes the owner; res nullius fit primi occu- 
 pantis. Bowyer, Comm. 97. 
 
 RES PER PECUNIAM AESTIMATUR, 
 et non pecunia per res. The value of a thing 
 is estimated by its worth in money, and 
 the value of money is not estimated by ref- 
 erence to the thing. 9 Coke, 76; 1 Bouv. 
 Inst, note 922. 
 
 RES PERIIT DOMINO (Lat. the thing is 
 lost to the owner). A phrase used to ex- 
 press that, when a thing is lost or de- 
 stroyed, it is lost to the person who was 
 the owner of it at the time. For example, 
 an article is sold; if the seller have per- 
 fected the title of the buyer so that it is 
 his, and it be destroyed, it is the buyer's 
 
RES PERIT DOMINO SUO 
 
 884 
 
 RESCRIPT 
 
 loss} but If, on the - contrary, something 
 remains to be done before the title be- 
 comes vested in the buyer, then the loss 
 falls on the seller. 
 
 RES PERIT DOMINO SUO. The destruc- 
 tion of the thing is the loss of its owner. 8 
 Bouv. Inst, notes 1456, 1466; Story, Bailm. 
 426; 2 Kent, Comm. 591. 
 
 RES PRIVITAE (Lat.) In the civil law. 
 Things the property of one or more indi- 
 viduals. Mackeld. Civ. Law, § 167. 
 
 RES PROPRIA EST QUAE COMMUNIS 
 non est. A thing is private which is not 
 common. 8 Paige, Ch. (N. Y.) 261, 270. 
 
 RES PUBLICAE (Lat.) In the civil law. 
 Things the property of the state. Mackeld. 
 Civ. Law, § 157; Ersk. Inst. 2. 1. 5. 6. 
 
 RES QUAE INTRA PRAESIDIA PER- 
 ductae nondum sunt, quanquam ab hostibus 
 occupatae, Ideo postliminii non egent, quia 
 dominum nondum mutarunt ex gentium 
 
 jure. Things which have not yet been intro- 
 duced within the enemy's lines, although 
 held by the enemy, do not need the fiction 
 of postliminy on this account, because their 
 ownership by the law of nations has not 
 yet changed. Grotius de Jure Belli, lib. 3, 
 c 9, § 16; Id. lib. 8, c. 6, i 8. 
 
 RES RELIGIOSAE (Lat.) In civil law. 
 Things pertaining t6 religion; places where 
 the dead were buried. Thevenot Dessaules, 
 Diet, du Dig. "Chose." 
 
 RES SACRA NON RECIPIT AESTIMA- 
 tionem. A eacred thing does not admit of 
 valuation. Dig. 1. 8. 9. 5. 
 
 RES SACRAE (Lat.) In civil law. Those 
 things ■rchich had been publicly consecrated. 
 
 RES SANCTAE (Lat.) In civil law. Those 
 things which were especially protected 
 against injury of man. 
 
 RES SUA NEMINI SERVIT. No one can 
 have a servitude over his ovm property. 4 
 Macq. H. L. Cas. 151. 
 
 RES TRANSIT CUM SUO ONERE. The 
 thing passes with its burden. Fleta, lib. 8, 
 c. 10, § 3. 
 
 RES UNIVERSATIS (Lat.) Those things 
 which belong to cities or municipal cor- 
 porations. They belong so far to the pub- 
 lic that they cannot be appropriated to pri- 
 vate use, such as public squares, market 
 houses, streets, and the like. 1 Bouv. Inst, 
 note 446. 
 
 RESCEIT, or RECEIT. The admission or 
 receiving of a third person to plead his 
 right in a cause formerly commenced be- 
 tween two oth^r persons; as, when an ac- 
 tion is brought against a tenant for life or 
 years, or any other particular tenant, and 
 he makes .default, in such case the rever- 
 sioner may move that he may be received 
 
 to defend his right, and to plead with the 
 demandant. Jacob; Cowell. 
 
 The admittance of a plea when the con- 
 troversy is between the same two persons. 
 CJo. Litt. 192; 8 Nelson, Abr. 146. 
 
 RESCEU, or RESCUE (Law Pr.) Receiv- 
 ed. Novae Narr. 5b; Kitch. Cts. Resceux' 
 (plur.) ; Britt. c. 2. 
 
 RESCISSIO (Lat. from resc{n(2ere, to an- 
 nul or avtjid). In the civil law. An annul- 
 ling, avoiding, or making void; abrogation; 
 rescission. Code, 4. 44; Poth. Contr. No. 
 331. 
 
 RESCISSION OF CONTRACTS. The ab- 
 rogation or annulling of contracts. It dif- 
 fers from the waiving of some of the terms 
 of the contract. 59 Conn. 561. 
 
 The term is generally, but not uniform- 
 ly, applied to abrogation by the parties, 
 either by consent, or by one party; "can- 
 cellation" being the usual term for abro- 
 gation by decree of court. It requires con- 
 current action by both parties; a meeting 
 of minds. 59 Conn. 561. See Waiver. 
 
 RESCISSORY ACTIONS. In Scotch law. 
 Actions which are brought to set aside 
 deeds. Patterson, Comp. 1058, note. 
 
 Proper improbation is an action brought 
 for declaring writing false or forged. 
 
 Reduction improbation is an action 
 whereby a person who may be hurt or af- 
 fected by a writing insists on producing or 
 exhibiting it in court, in order to have it 
 set aside, or its effects ascertained under 
 the certification that the writing, if ^ot 
 produced, shall be declared false and forged. 
 
 In an action of simple reduction, the cer- 
 tification is only temporary, declaring the 
 writings called for null until they be pro- 
 duced, so that they recover their full force 
 after their production. Ersk. bk. 4, tit. 1, 
 § 5; Id. bk. 4, tit. 1, § 8. 
 
 RESCOUS. An old term, synonymous with 
 "rescue" (g. v.). 
 
 RESCRIPT 
 
 In Canon Law. A term Including any 
 
 form of apostolical letter emanating from 
 the pope. The answer of the pope in writ- 
 ing. Diet. Dr. Canonique. 
 
 In Civil Law. The answer of the 
 
 prince, at the request of the parties, re- 
 specting some matter in dispute between 
 them, or to magistrates, in relation to some 
 doubtful matter submitted to him. 
 
 The rescript was differently denommated 
 according to the character of those who 
 sought it. They were called "annotations 
 or "subnotations," when the answer was 
 given at the request of private citizens; 
 "letters" or "epistles," when he answered 
 the consultation of magistrates; "pragma- 
 tic sanctions," when he answered a cor- 
 poration, the citizens of a province, or a 
 municipality. See "Code." 
 
 At Common Law. A counterpart. 
 
 In Massachusetts it is used to denote the 
 statement of the decision of the supreme 
 
RESCRIPTION 
 
 885 
 
 RESIANT, RESIENT 
 
 judicial court as an appellate tribunal, and 
 the accompanying brief statement of the 
 reasons for the decision sent to the court 
 from which the case was brought. 
 
 RESCRIPTION. In French law. A re- 
 scription is a letter by which the maker re- 
 quests some one to pay a certain sum of 
 money, or to account for him to a third 
 law. To rescue. Rescussit, he rescued. Reg. 
 225. 
 
 According to this definition, bills of ex- 
 change are a species of rescription. The 
 difference appears to be this, that a bill of 
 exchange is given when there has been a 
 contract of exchange between the drawer 
 and the payee; whereas the rescription is 
 sometimes given in payment of a debt, and 
 at other times it is lent to the payee. 
 
 RESCUE. 
 
 In Criminal Law, The forcibly and 
 
 knowingly freeing another from arrest or 
 imprisonment. 4 BL Comm. 131. 
 
 A deliverance of a prisoner from lawful 
 custody by a third person. 2 Bish. Crim. 
 Law, i 911. 
 
 Taking and setting at liberty, against 
 law, a distress taken for rent, services, or 
 damage feasant. Bac. Abr. "Rescous." See 
 "Resceu." 
 
 In Maritime Law. The retaking by a 
 
 party captured of a prize made by the en- 
 emy. There is still another kind of rescue 
 which partakes of the nature of a recap- 
 ture,— it occurs when the weaker party, be- 
 fore he is overpowered, obtains relief from 
 the arrival of fresh succors, and is thus 
 preserved from the force of the enemy. 1 
 C. Rob. Adm. 224, 271; Halleck, Int. Law, 
 cxxxv. 
 
 "Rescue" differs from "recapture." The 
 rescuers do not, by the rescue, become own- 
 ers of the property, as if it had been a new 
 prize, but the property is restored to the 
 original owners by the right of postlimini- 
 um. 
 
 RESCUSSOR. The party making a rescue 
 is sometimes so called; but more properly 
 he is a "rescuer." 
 
 RESCUSSUS (Law Lat; from Law Fr. 
 rescous). In old English law. Rescue; 
 forcible liberation or release. Spelman. 
 
 RESCUTERE (Law Lat.) In old English 
 law. To rescue. Rescussit, he rescued. Reg. 
 Orig. 117; 3 P. Wms. 484. Rescusserunt, 
 they rescued. Reg. Orig. 118. 
 
 RESCYT (Law Pr.) Resceit; receipt; the 
 receiving or harboring a felon, after the 
 commission of crime. Britt. c. 23. 
 
 RESEANTISA (Law Lat.; from Law Fr. 
 reseance). In old English and Scotch law. 
 Residence. Pleta, lib. 6, c. 3, §2; Spel- 
 man. 
 
 RESEAUNT, or RE8EANT (Law Fr.) 
 Abiding; dwelling; residing. Britt. c. 98. 
 
 RESEISER (Law Lat. reseisire). In old 
 English law. A taking back of seisin. A 
 taking again of lands into the hands of the 
 king, whereof a general livery or ouster le 
 main was formerly issued, contrary to 
 the form and order of law. Staundf. Pr. 
 Reg. 26; Cowell. 
 
 RESERVANDO. Reserving. In old con- 
 veyancing. An ^pt word of reserving a 
 rent. Co. Litt. 47a. 
 
 RESERVATIO NON DEBET ESSE DE 
 proficuls Ipsis quia ea conceduntur, sed de 
 redditu novo extra proficua. A reservation 
 ought not to be of the annual increase it- 
 self, because it is granted, but of new rent 
 apart from the annual increase. Co. Litt. 
 142. 
 
 RESERVATION. That part of a deed or 
 instrument which reserves a thing not in 
 esse at the time of the grant, but newly 
 created. 2 Hilliard, Abr. 359. 
 
 The creation of a right or interest which 
 had no prior existence as such in a thing 
 or part of a thing granted, by means of a 
 clause inserted by the grantor in the in- 
 strument of conveyance. 
 
 A "reservation" is distinguished from an 
 "exception" in that it is of a new right or 
 interest; thus, a right of way reserved at 
 the time of conveying an estate, which may 
 have been enjoyed by the grantor as owner 
 of the estate, becomes a new right. 42 
 Me. 9. 
 
 A reservation may be of a life estate (28 
 Vt. 10; 33 N. H. 18; 3 Jones [N. C] 37, 
 38; 23 Mo. 373; 3 Md. Ch. 230) ; of a right 
 of flowage (41 Me. 298) ; right to use water 
 (41 Me. 177; 9 N. Y. 423; 16 Barb. [N. Y.] 
 212) ; right of way (25 Conn. 331; 6 Cush. 
 [Mass.] 254; 10 Cush. [Mass.] 313; 10 B. 
 Mon. [Ky.] 463) ; and many other rights 
 and interests (33 N. H. 507; 9 B. Mon. 
 [Ky.] 163; 5 Pa. St. 317). See 6 Cush. 
 (Mass.) 162; 4 Pa. St. 173; 9 Johns. (N. 
 Y.) 73. 
 
 RESET. The receiving or harboring an 
 outlawed person. Cowell. 
 
 RESET OF THEFT. In Scotch law. Tb 
 receiving and keeping stolen goods, know 
 ing them to be stolen, with a design ol 
 feloniously retaining them from the real 
 owner. Alls. Crim. Law, 328. 
 
 RESETTER. In Scotch law. A recelvei 
 of stolen goods, knovying them to have been 
 stolen. 
 
 RESIANCE. In old English law. A man', 
 residence or permanent abode. Such a man 
 is called a "resiant." Kitch. Cts. 33. 
 
 RESIANT, RESIENT, or RESYAUNT 
 (from Law Fr. reseant, resident). In old 
 English law. Continually dwelling or abid- 
 ing in a place; resident; a resident. Kitch. 
 Cts. 33; Cowell; 2 Inst. 99. "Resiants and 
 
RESIANTIA 
 
 886 
 
 RESOLUTION 
 
 inhabitants within a manor." 3 Leon. 8, 
 case 21. 
 
 RESIANTIA, or RESEANT1A (Law Lat) 
 In old English law. Resiance; residence. 
 Spelman. See "Resiance." 
 
 RESIDENCE (Lat. resedeo). Personal 
 presence in a fixed and permanent abode. 20 
 Johns. (N. Y.) 208; 1 Mete. (Mass.) 251: 
 105 Mass. 93; 23 Wis. 607. 
 
 A residence is different from a domicile, 
 although it is a matter of great importance 
 in determining the place of domicile. 13 
 Mass. 501; 5 Pick. (Mass.) 370; 1 Mete. 
 (Mass.) 251; 2 Gray (Mass.) 490; 19 Wend. 
 (N. Y.) 11; 11 La. 175; 5 Me. 143. See 
 "Domicile." "Residence" and "habitancy" 
 are usually synonymous. 2 Gray (Mass.) 
 490; 2 Kent, Comm. (10th Ed.) 574, note. 
 "Residence" indicates permanency of occu- 
 pation, as distinct from lodging, or board- 
 ing, or temporary occupation, but does not 
 include so much as "domicile," which re- 
 quires an intention continued with residence. 
 19 Me. 293; 2 Kent, Comm. (10th Ed.) 576. 
 
 RESIDENT. One who has his residence 
 (q. V.) in a place. 
 
 RESIDENT FREEHOLDER. One who re- 
 sides within a certain city, county, or state, 
 and owns a freehold estate in lands therein. 
 29 Wis. 419; 68 Ind. 214. 
 
 RESIDENT MINISTER. In international 
 law. The second or intermediate class be- 
 tween ambassadors and envoys, created by 
 the conference of the five powers at Aix-la- 
 Chapelle, in 1818, They are accredited to 
 the sovereign. 2 Phillim. Int. Law, 220*. 
 They are said to represent the affairs, and 
 not the person, of the sovereign, and so to 
 be of less dignity. Vattel, bk. 4, c. 6, § 73. 
 The fourth class is char ges-d' affaires, ac- 
 credited to the minister of foreign affairs. 2 
 Phillim. Int. Law, 220; Wheaton, Int. Law, 
 pt. 3, c. 1, § 6. 
 
 RESIDERE (Lat.) In old English law. 
 To sit down; to sit still; to rest; to re- 
 main or continue. See "Resident." 
 
 RESIDUARY CLAUSE. The clause in a 
 will by which that part of the property is 
 disposed of which remains after satisfying 
 previous bequests and devises. 4 Kent, 
 Comm. 541*; 2 Williams, Ex'rs, 1014, note 
 2. 
 
 RESIDUARY DEVISEE. The person to 
 whom the residue of a testator's real estate 
 is devised after satisfying previous devises. 
 
 RESIDUARY ESTATE. What remains of 
 testator's estate after deducting the debts 
 and the bequests and devises. 
 
 RESIDUARY LEGATEE. He to whom the 
 residuum of the estate is devised or be- 
 queathed by will. Rop. Leg. Index; Powell, 
 Mortg. Index. See "Legacy." 
 
 RESIDUE. That which remains of some- 
 thing after taking away a part of it; as, 
 the residue of an estate, that which remains 
 after payment of debts, charges, arid par- 
 ticular legacies and devises. 68 Pa. St. -332. 
 
 A will bequeathing the general residue of 
 personal property passes to the residuary 
 legatee everything not otherwise effectually 
 disposed of; and it makes no difference 
 whether a legacy falls into the estate by 
 lapse, or as void at law, the next of kin is 
 equally excluded. 15 Ves. 416; 2 Mer. 392. 
 See 7 Ves. 391; 1 Brown, Ch. 589; 4 Brown, 
 Ch. 55; Rop. Leg. Index; Jarm. Wills. 
 
 RESIGNATION (Lat. resignatio; re, back, 
 signo, to sign). The act of an officer by 
 which he declines his office, and renounces 
 the further right to use it. It differs from 
 "abdication" (q. v.) 
 
 As offices are held at the will of both par- 
 ties, if the resignation of an officer be not 
 accepted, he remains in office. 4 Dev, (N. 
 C.) 1. 
 
 RESIGNATION BOND. In ecclesiastical 
 law. A bond given by an incumbent to re- 
 sign on a certain contingency. It may be 
 conditioned to resign for good and sufficient 
 reason, and therefore lawful; e. g., to resign 
 if he take a second benefice, or on request, 
 if patron present his son or kinsman when 
 of age to take the living, etc. Cro. Jac. 249, 
 274. But equity will generally relieve the 
 incumbent. 1 Rolle, Abr. 443. 
 
 RESIGNATION EST JURIS PROPRII 
 
 spontanea refutatio. Resignation is the spon- 
 taneous relinquishment of one's own right. 
 Godb. 284. 
 
 RESIGN EE. One in favor of whom a 
 resignation is made. 1 Bell, Comm. 125, 
 note. 
 
 RESILIRE (Lat.) In old English law. To 
 draw back from a contract before it is 
 made binding. Literally, to leap back or 
 start Isack. Adhunc possunt partes resi- 
 lire, the parties may yet draw back. Brae- 
 ton, fol. 38; Fleta, lib. 2, c. 68, § 3. The 
 Scotch law, with its accustomed closeness, 
 renders this word resile. 
 
 RESIST. (Lat.) The opposition of force 
 to force. The word retains the exact classi- 
 cal meaning. 37 Wis. 201. 
 
 RESOLUCION. In Spanish colonial law. 
 An opinion formed by some superior au- 
 thority on matters referred to its decision, 
 and forwarded to inferior authorities for 
 their instruction and government. Schmidt, 
 Civ. Law, 93, note 1. 
 
 RESOLUTION (Lat. re, back, again, solvo, 
 to loose, to free). A solemn judgment or 
 decision of a court. This word is frequently 
 used in this sense in Coke and some of the 
 more ancient reporters. An agreement to a 
 law or other thing adopted by a legislature 
 or popular assembly. 
 
RESOLUTIVE 
 
 887 
 
 RESPONDEAT OUSTER 
 
 -Governing Bodies. 
 
 Acts that are done by a city council in 
 its ministerial capacity may be in the form 
 of resolutions. Resolutions are special and 
 temporary, applicable only to a single mat- 
 ter of passing moipent. 186 111. 571; 174 
 111. 445; 184 111. 51; 262 111. 396. Distinc- 
 tion between "resolution" and "ordinance." 
 See "Ordinance." 
 
 —Distinguished from By-law. 
 
 While a by-law may be in the form of a 
 resolution, a resolution is not necessarily a 
 by-law. The distinction between the two 
 has been said to lie in the fact that a reso- 
 lution applies to a single act of the corpora- 
 tion whereas a by-law is a permanent and 
 continuing rule which is to be applied on 
 all future occasions. 1 Fletcher Cyclopedia 
 Corporations 977. 
 
 In Civil Law. The act by which a con- 
 tract which existed and was good is rendered 
 null. 
 
 "Resolution" differs essentially from "re- 
 scission." The former presupposes the con- 
 tract to have been valid, and it is owing to 
 a cause posterior to the agreement that the 
 resolution takes place; while rescission, on 
 the contrary, supposes that some vice or de- 
 fect annulled the contract from the begin- 
 ning. Resolution may be by consent of the 
 parties, or by the decision of a competent 
 tribunal; rescission must always be by the 
 judgment of a court. 7 Tropl. de la Vente, 
 note 689; 7 Toullier, Dr. Civ. 551; Dalloz. 
 
 RESOLUTIVE. In Scotch conveyancing. 
 Having the quality or effect of resolving or 
 extinguishing a right. Bell, Diet. 
 
 RESOLUTO JURE CONCEDENTIS RE- 
 
 solvitur jus concessum. The right of the 
 grantor being extinguished, the right grant- 
 ed is extinguished. Mackeld. Civ. Law, 179 ; 
 Broom, Leg. Max. (3d London Ed.) 417. 
 
 RESOLUTORY CONDITION. One which 
 has for its object, when accomplished, the 
 revocation of the principal obligation; for 
 example, I will sell you my crop of cotton 
 if my ship America does not arrive in the 
 United States within six months. My ship 
 arrives in one month ; my contract with you 
 is revoked. 1 Bouv. Inst, note 764. 
 
 RESON (Law Fr.) Reason; truth; right; 
 title; justice; act; argument; charge; ex- 
 pression; method; case; article; point. Kel- 
 ham. 
 
 RESORT (from Pr. resorter, q. v.) To go 
 back. "It resorted to the line of the moth- 
 er." Hale, Hist. Com. Law, c. 11. 
 
 The act of visiting; assembly; meeting; 
 concourse; frequent assembling. 90 111. 220. 
 
 RESORTER (Law Fr.) In old English 
 law. To go back. A force resortera le ten- 
 ement au seigniour del fee, the tenement 
 must necessarily go back to the lord of the 
 fee. Britt. c. 119. 
 
 RESPECTARE, or RESPECTUARE (Law 
 Lat.) In old English law. To respite. 
 Fortescue de L. L. Angliae, c. 53, note; Reg. 
 Orig. 319. Respectuabitur, shall be put off. 
 Fleta, lib. 6, c. 23, § 21. 
 
 RESPECTU COiVIPUTI VICECOMITIS 
 
 habendo. A writ for respiting a sheriff's ac- 
 count, addressed to the treasurer and barons 
 of the exchequer. Reg. Orfg. 139. 
 
 RESPICIENDUM EST JUDICANTI, NE 
 quid aut duriua aut remlssius construatur 
 quam causa deposcit; nee enim aut severi- 
 tatis aut clementiae gloria affectanda est. It 
 it a matter of import to one adjudicating 
 that nothing should be either more leniently 
 or more severely construed than the cause 
 itself demands; for the glory neither of se- 
 verity nor clemency should be affected. 3 
 Inst. 220. 
 
 RESPIRATION (Lat. re, back, spiro, to 
 breathe). Breathing, which consists of the 
 drawing into, inhaling, or, more technically, 
 "inspiring," atmospheric air into the lungs, 
 and then forcing out, expelling, or tech- 
 nically, "expiring," from the lungs the air 
 therein. Chit. Med. Jur. 92, 416, note (n) . 
 
 RESPITE. 
 
 In Civil Law. An act by which a debt- 
 or who is unable to satisfy his debts at the 
 moment transacts (i. e., compromises) vnth 
 his creditors and obtains from them time or 
 delay for the payment of the sums which he 
 owes to them. Code La. art. 3051. 
 
 A forced respite takes place when a part 
 of the creditors refuse to accept the debtor's 
 proposal, and when the latter is obliged to 
 compel them, by judicial authority, to con- 
 sent to what the others have determined in 
 the cases directed by law. 
 
 A voluntary respite takes place when all 
 the creditors consent to the proposal of the 
 debtor to pay in a limited time the whole or 
 a part of his debt. 
 
 A delay, forbearance, or continuation of 
 time. 
 
 In Criminal Law. A temporary sus- 
 pension of the execution of a sentence. It 
 differs from a "pardon," which is an abso- 
 lute suspension, and from a "reprieve," in 
 that it is ordinarily for an indefinite time. 
 
 RESPITE OF HOiVIAGE. To dispense with 
 the performance of homage by tenants who 
 held their lands in consideration of per- 
 forming homage to their lords. CoweU. 
 
 RESPONDE BOOK. In Scotch law. A 
 book of record of the chancellary, in which 
 are entered all nonentry and relief duties 
 payable by heirs who take precepts from 
 chancery. Stair, Inst. p. 296, § 28; Ersk. 
 Inst. 11. 6. 50. 
 
 RESPONDEAT OUSTER (that he answer 
 over) . In practice. A form of judgment an- 
 ciently used when an issue in law upon a 
 dilatory plea was decided against the party 
 pleading it. See "Abatement." 
 
RESPONDEAT RAPTOR 
 
 RESPONSIO 
 
 RESPONDEAT RAPTOR, QUI IGNO- 
 
 rare non potult quod puplllum alienum ab- 
 duxit. Let the ravlsher answer, for he could 
 not be ignorant that he has taken away an- 
 other's ward. Hob. 99. 
 
 RESPONDEAT SUPERIOR. Let the prin- 
 cipal answer. 4 Inst. 114; 2 Bouv. Inst, note 
 1337; 4 Bouv. Inst. Note 3586; 3 Lev. 352; 
 1 Salk. 408; 1 Bing. N. C. 418; 4 Maule & S. 
 259; 10 Exch. 656; 2 El. & Bl. 216; 7 El. & 
 Bl. 426; 1 Bos. & P. 404; 1 C. B. 578; 6 
 Mees. & W. 302; 10 Exch. 656. 
 
 He who expects to derive advantage from 
 an act which is done by another person for 
 him must answer for any injury which such 
 person may inflict upon a third party. 243 
 111. 488. 
 
 RESPONDENT. One who answers a judi- 
 cial _ proceeding. Applied to the party 
 against whom a writ as of quo warranto is 
 brought. 
 
 In Chancery Practice. The party who 
 
 makes an answer to a bill or other proceed- 
 ing in chancery. The correlative is "peti- 
 tioner" or "complainant." 
 
 In Appellate Practice. The party who 
 
 answers an appeal. Sometimes called "ap- 
 pellee." The correlative is "appellant." 
 
 In Civil Law. One who answers or is 
 
 security for another; a fidejussor. Dig. 2. 
 8. 6. 
 
 RESPONDENTIA. In maritime law. A 
 loan of money, on maritime interest, on 
 goods laden on board of a ship, upon the 
 condition that, if the goods be wholly lost in 
 the course of the voyage, by any of the per- 
 ils enumerated in the contract, the lender 
 shall lose his money; if not, that the bor- 
 rower shall pay him the sum borrowed, with 
 the interest agreed upon. 
 
 The contract is called "respondentia" be- 
 cause the money is lent mainly^ or most fre- 
 quently, on the personal responsibility of the 
 borrower. It differs principally from bot- 
 tomry (q. V.) in the following circumstan- 
 ces: Bottomry is a loan on the ship; re- 
 spondentia is a loan upon the goods. The 
 money is to be repaid to the lender, with 
 maritime interest, upon the arrival of the 
 ship in the one case, and of the goods in the 
 other. In most other respects, the contracts 
 are nearly the same, and are governed by 
 the same principles. In the former, the ship 
 and tackle, being hypothecated, are liable, as 
 Well as the borrower ; in the latter, the lend- 
 er has, in general, it is said, only the per- 
 sonal security of the borrower. Marsh. Ins. 
 bk. 2, c. 1, p. 734. The general term, in- 
 cluding both respondentia and bottomry, is 
 "hypothecation" (q. v.) 
 
 RESPONDERA SON SOVERAIGNE. His 
 superior or master shall answer. Articuli 
 sup. Charta, c. 18. 
 
 RESPONDERE NON DEBET (Lat. ought 
 not to reply) . In pleading. The prayer of 
 a plea where the defendant insists that he 
 
 ought not to answer, as, when he claims a 
 privilege; for example, as being a member 
 of congress or a foreign ambassador. 1 
 Chit. PL *433. 
 
 RESPONSA PRUDENTUM (Lat.) In Ro- 
 man law. Opinions given by Roman law- 
 yers. 
 
 Before the time of Augustus, every lawyer 
 was authorized, de jure, to answer questions 
 put to him; and all such answers, responsa 
 prudentum, had equal authority, which had 
 not the force of law, but the opinion of a 
 lawyer. Augustus was the first prince who 
 gave to certain distinguished jurisconsults 
 the particular privilege of answering in his 
 name, and from that period their answers 
 required greater authority. Adrian deter- 
 mined in a more precise manner the degree 
 of authority which these answers should 
 have, by enacting that the opinions of such 
 authorized jurisconsults, when unanimously 
 given, should have the force of law (legis 
 vicem), and should be followed by the 
 judges, and that when they were divided, 
 the judge was allowed to adopt that which 
 to him appeared the most equitable. The 
 opinions of other lawyers held the same 
 place they had before — they were considered 
 merely as the opinions of learned men. 
 Mackeld. Man. Introd. § 43; Mackeld. Hist. 
 Dr. Rom. §§ 40, 49; Hugo, Hist. Dr. Rom. 
 § 313; Inst. 1. 2. 8; Inst. Expl. note 39. 
 
 RESPONSALIS (Law Lat.) 
 
 In Old English Law. One who an- 
 swered or gave answer for another (qui re- 
 sponsum defert). The term seems to be 
 used by Glanville in the sense of "attorney." 
 Glanv. lib. 12, c. 1; Steph. PI. Append, note 
 (5). But Bracton makes a clear distinction 
 between the two offices, and is followed by 
 Fleta. Bracton, fol. 212b. But see Id. foL 
 361b; Fleta, lib. 4, c. 6. Lord Coke defines 
 responsalis to be "he that was appointed by 
 the tenant or defendant, in case of extrem- 
 ity and necessity, to allege the cause of the 
 party's absence, and to certify the court 
 upon what trial he will put himself, viz., 
 the combat or the country." Co. Litt. 128a. 
 
 in the Canon Law. A proctor; one 
 
 who excuses an absent party. Cowell. 
 
 RESPONSALIS AD LUCRANDUM VEL 
 
 petendum. He who appears and answers for 
 another in court at a day assigned; a proc- 
 tor, attorney, or deputy. 1 Reeve, Hist. 
 Eng. Law, 169. 
 
 RESPONSIBILITY. The obligation to an- 
 swer for an act done, either civilly or crim- 
 inally, and to repair any injury it may have 
 caused. 
 
 RESPONSIBLE. Able to pay the sum 
 which may be required of him; able to dis- 
 charge an obligation. Webster; 26 N. H. 
 527. 
 
 RESPONSIO (Lat.) An answer. 
 
BESPONSIO UNIUS NON OMNINO 889 
 
 RESULTING USE 
 
 RESPONSIO UNIUS NON OMNINO AUDI- 
 
 tur The answer of one witness shall not be 
 heard at all. 1 Greenl. Ev § 260. This is 
 a maxim of the civil law, where everything 
 must be proved by two witnesses. 
 
 RESTITUTIO IN INTEGRAM (Lat.) In 
 civil law. A restoring parties to the condi- 
 tion they were in before entering into a con- 
 tract or agreement on account of fraud, in- 
 fancy, force, honest mistake, etc. Calv. Lex. 
 The going into a cause anew from the be- 
 ginning. Calv. Lex. 
 
 RESTITUTION. The return of property to 
 the owner or person entitled to it. 
 
 In Maritime Law. The placing back or 
 
 restoring articles which have been lost by 
 jettison. This is done when the remainder 
 of the cargo has been saved, at the general 
 charge of the owners of the cargo; but when 
 the remainder of the goods is afterwards 
 lost, there is not any restitution. Stev. Av. 
 pt 1, c. 1, § 1, art. 1, note 8. 
 
 RESTITUTION OF CONJUGAL RIGHTS. 
 In ecclesiastical law. A compulsory renewal 
 of cohabitation between a husband and wife 
 who have been living separately. 
 
 A suit may be brought in the divorce and 
 matrimonial court for this purpose whenever 
 either the husband or wife is guilty of the 
 injury of subtraction, or lives separate from 
 the other without sufficient reason, by which 
 the party injured may compel the other to 
 return to cohabitation. 3 Bl. Comm. 94; 3 
 Steph. Comm. 11; 1 Add. Ecc. 505; 3 Hagg. 
 Ecc. 619. 
 
 RESTITUTION OF MINORS. In Scotch 
 law. A minor, on attaining majority, may 
 obtain relief against a deed previously exe- 
 cuted by him, which may be held void or 
 voidable, according to circumstances. This 
 is called "restitution of minors." Bell, Diet. 
 
 RESTITUTION, WRIT OF. 
 
 In Common-Law Practice. A writ 
 
 which lies, after the reversal of a judgment, 
 to restore a party to all that he has lost by 
 occasion of the judgment. 2 Tidd, Prac. 
 1186. 
 
 In Criminal Practice. A wrtt which 
 
 lay on conviction of an offense involving the 
 asportation of property to compel the crim- 
 inal to restore the same. 
 
 RESTITUTIONS TEMPORALIUM. A 
 writ addressed to the sheriff, to restore the 
 temporalities of a bishopric to the bishop 
 elected and confirmed. Fitzh. Nat. Brev. 
 169. 
 
 RESTORE. To return what has been un- 
 justly taken; to place the owner of a thing 
 in the state in which he formerly was. 
 
 RESTRAINING ORDER. An order re- 
 straining the doing of any act; more com- 
 monly called an "injunction." 
 
 In English Law. An order under St. 5 
 
 Vict. c. 5, § 4, by which the Bank of Eng- 
 land, or any other public company, may be 
 
 restrained from permitting a transfer of 
 shares until the rights of certain parties 
 thereto have been adjudged. 
 
 RESTRAINT OF ALIENATION. Restric- 
 tion of the power of aliening realty. See 
 "Perpetuity." 
 
 RESTRAINT OF TRADE. Restriction of 
 freedom of traffic. Restraint of trade of 
 individuals may be general, or may be par- 
 tial,' in being limited as to time or territory. 
 Contracts in general restraint of trade are 
 void (8 Mass. 223) ; while those in partial 
 restraint are valid (42 N. J. Eq. 185; 11 
 Ohio St. 349; 68 N. Y. 300), unless the 
 time be so long, or the territory so exten- 
 sive, that it amounts to a general restraint 
 (36 Cal. 342). Contracts or combinations 
 which operate in restraint of public trade 
 are ordinarily void, though the restraint 
 be put partial. 68 N. Y. 558. 
 
 RESTRICTIVE INDORSEMENT. An In- 
 dorsement which confines the negotiability 
 of a promissory note or bill of exchange by 
 using express words to that effect, as, by 
 indorsing it payable to A. B. only. 1 Wash. 
 C. C. (U. S.) 512; 2 Murph. (N. C.) 138; 
 1 Bouv. Inst, note 1138. 
 
 RESTS. Periodical balancings of an ac- 
 count (particularly in mortgage and trust 
 accounts), made for the purpose of convert- 
 ing interest into priiicipal, and charging 
 the party liable thereon with compound in- 
 terest. Mozley & W. 
 
 RESULTING TRUST. A trust raised by 
 implication or construction of law, and pre- 
 sumed to exist from the supposed intention 
 of the parties and the nature of the trans- 
 action. 
 
 All trusts created by implication or con- 
 struction of law are often included under 
 the general term "implied trust;" but these 
 are commonly distinguished into implied or 
 resulting and constructive trusts ; resulting 
 or presumptive trusts being those which 
 are implied or presumed from the supposed 
 intention of the parties and the nature of 
 the transaction; constructive trusts, such 
 as are raised independently of any such in- 
 tention, and which are forced on the con- 
 science of the trustee by equitable con- 
 struction and the operation of law. Story, 
 Eq. Jur. § 1095; Hill, Trustees, 91; 1 
 Spence, Eq. Jur. 510; 2 Spence, Eq. Jur. 
 198; 3 Swanst. 585; 1 Ohio, 321; 6 Conn. 
 285; 2 Edw. Ch. (N. Y.) 873; 6 Humph. 
 (Tenn.) 93. See "Trust." 
 
 RESULTING USE. A use raised by equity 
 for the benefit of a feoffor who has made 
 a voluntary conveyance to uses without any 
 declaration of the use. 2 Washb. Real Prop. 
 100. 
 
 The doctrine, at first limited to the case 
 of an apparently voluntary conveyance 
 with no express declaration, became so ex- 
 tended that a conveyance of the legal estate 
 ceased to imply an intention that the feoffee 
 
RESUME WORK 
 
 890 
 
 RETOENA BREVIUM 
 
 should enjoy the beneficial interest therein; 
 and if no intent to the contrary was ex- 
 pressed, and no consideration proved or im- 
 plied, the use always resulted to the feoflfor. 
 2 Washb. Real Prop. 100. And if part only 
 of the use was expressed, the balance re- 
 sulted to the feoffor. 2 Atk. 150; 2 Rolle, 
 Abr. 781; 1 Spence, Eq. Jur. 451; Co. Litt. 
 23a. And, under the statute, where a use 
 has been limited by deed, and expires, or 
 cannot vest, it results back to the one who 
 declared it. 4 Wend. (N. Y.) 494; 15 Me. 
 414; 5 Watts & S. (Pa.) 323; 3 Johns. (N. 
 Y.) 388. And see Cro. Jac. 200; White & 
 T. Lead. Cas. 258; 2 Washb. Real Prop. 
 132 et seq. See "Use." 
 
 RESUME WORK. In mining law, Is to 
 actually begin work anew with a bona fide 
 intention of prosecuting it as required by 
 the statute (U. S. Rev. Stat. § 2324). 104 
 Cal. 229. 
 
 RESUMMONS (Law Lat. resummonitio) , 
 In practice. A second summons. The call- 
 ing a person a second time to answer an 
 action, where the first summons is defeated 
 upon any occasion, as the death of a party, 
 or the like. Cowell. 
 
 RESUMPTION (Law Lat. resumptio). In 
 old English law. The taking again into 
 the king's hands such lands or tenements 
 as before, \upon false suggestion or other 
 error, he had delivered to the heir or 
 granted by letters patent to any man. St. 
 31 Hen. VL c. 7; Cowell. 
 
 RESURRENDER. Where copyhold land 
 has been mortgaged by surrender, and the 
 mortgagee has been admitted, then, on the 
 mortgage debt being paid off, the mort- 
 gagor is entitled to have the land recon- 
 veyed to him, by the mortgagee surrender- 
 ing it to the lord to his use. This^is called 
 a "resurrender." 2 Dav. Conv. 1332n. 
 
 RETAIL. To sell by small parcels, and 
 not in the gross. 5 Mart. (La.; N. S.) 279; 
 7 Mete. (Mass.) 308. 
 
 RETAIN. In practice. To engage the 
 services of an attorney or counsellor to man- 
 age a cause. See "Retainer." 
 
 RETAINER. The act of withholding what 
 one has in one's own hands, by virtue of 
 some right. See "Administrator;" "Execu- 
 tor;" "Lien." 
 
 In Practice. The act of a client by 
 
 which he engages an attorney or counsellor 
 to manage a cause, either by prosecuting it, 
 when he is plaintiff, or defending it, when 
 he is defendant. 200 111. 353. 
 
 The word is also used to denote the fee 
 which the client pays his attorney when 
 he retains him to act for him, and thereby 
 prevents him from acting for his adver- 
 sary. 200 111. 353; 38 Kan. 668. 
 
 In English practice, a much more for- 
 mal retainer is usually required than in 
 America. Thus it is said by Chitty (3i 
 
 Prac. 116, note [m]), that, although it is 
 not indispensable that the retainer should 
 be in writing, unless required by the other 
 side, it is very expedient. It is therefore 
 recommended, particularly when the client 
 is a stranger, to require from him a writ- 
 ten retainer, signed by himself, and, in 
 order to avoid the insinuation that it was 
 obtained by contrivance, it should be wit- 
 nessed by one or more respectable persons. 
 When there are several plaintiffs, it should 
 be signed by all, and not by one for himself 
 and the others, especially if they are trus- 
 tees or assignees of a bankrupt or insolvent. 
 The retainer should also state whether it 
 be given for a general or a qualified au- 
 thority. See 9 Wheat. (U. S.) 738, 830; 6 
 Johns. (N. Y.) 34, 296; 11 Johns. (N. Y.) 
 464; 1 N. H. 23; 28 N. H. 302; 7 Har. & 
 J. (Md.) 275; 27 Miss. 567. 
 
 RETAINING FEE. A fee given to coun- 
 sel on being consulted, in order to insure 
 his future services. See "Retainer." 
 
 RETAKING. The taking one's goods, wife, 
 child, etc., from another, who, without right, 
 has taken possession thereof. See "Recap- 
 tion." 
 
 RETALIATION. In International law. A 
 term including both reprisal and retorsion 
 (q. V.) 
 
 RETALLIA (Law Lat.; from Law Pr. re- 
 tainer, to cut again). In old En^ish law. 
 Retail; the cutting up again, or division of 
 a commodity into smaller parts. Nee in 
 grosso, nee ad retalHam, neither in gross 
 (by wholesale), nor at retail. Reg. Orig. 
 184. 
 
 RETARE (Law Lat.) In old English law. 
 To suspect; to accuse. Retatus de murdro, 
 accused of murder. Assis. de Clarendon, 
 temp. Hen. II. § 1; Spelman. De furto reta- 
 tus, charged with theft. Cowell. 
 
 RETENTION. In Scotch law. The right 
 which the possessor of a movable has of 
 holding the same until he shall be satisfied 
 for his claim either against such movable or 
 the owner of it; a lien. 
 
 General retention is the right to withhold 
 or detain the property of another, in re- 
 spect of any debt which happens to be due 
 by the proprietor to the person who has 
 the custody, or for a general balance of 
 accounts arising on a particular train of 
 employment. 2 Bell, Comm. (5th Ed.) 90, 
 91. 
 
 Special retention is the right of with- 
 holding or retaining property or goods 
 which are in one's possession under a con- 
 tract, till indemnified for the labor or 
 money expended on them. 
 
 RETONSOR (Law Lat. from retandere, 
 q. V.) In old English law. A clipper of 
 money. Fleta, lib. 1, c. 20, § 122. 
 
 RETORNA BREVIUM. In old English law. 
 The return of writs by sheriffs and bailiffs, 
 
RETORNO HABENDO 
 
 S91 
 
 RETROSPECTIVE 
 
 which is only a certificate delivered to the 
 court on the day of return, of that which 
 he hath done touching the execution of 
 their writ directed to him. This must be 
 indorsed on back of writ by officer. 2 Lilly, 
 Abr. 476. Each term has return days, 
 fixed, as early as 51 Hen. III., at intervals 
 of about a week, on which all original writs 
 are returnable. The first return day is 
 regularly the first day in the term; but 
 there are three days' grace. 2 Bl. Comm. 
 277. 
 
 RETORNO HABENDO. In practice. A 
 writ issued to compel a party to return 
 property to the party to whom it has been 
 adjudged to belong, in an action of re- 
 plevin. 
 
 Thus, where the property taken was cat- 
 tle, it recites that the defendant was sum- 
 moned to appear to answer the plaintiff in 
 a plea whereof he took the cattle of the 
 said plaintiff, specifying them, and that the 
 said plaintiff afterwards made default; 
 wherefore it was then considered that the 
 said plaintiff and his pledges of prosecuting 
 should be in mercy, and that the said de- 
 fendant should go without day, and that 
 he should have return of the cattle afore- 
 said. It then commands the sheriff that 
 he should cause to be returned the cattle 
 aforesaid to the said defendant without 
 delay, etc. 2 Sellon, Prac. 168. 
 
 RETORSION. The name of the act em- 
 ployed by a government to impose the same 
 hard treatment on the citizens or subjects 
 of a state that the latter has used towards 
 the citizens or subjects of the former, for 
 the purpose of obtaining the removal of 
 obnoxious measures. Vattel, liv. 2, c. 18, § 
 341; De Martens, Precis, liv. 8, c. 2, § 254; 
 Kluber, Dr. des Gens, sec. 2, c. 1, § 
 234; Manning, Comm. 105. 
 
 RETOUR. In Scotch law. To return a 
 writ or brieve to the office in chancery from 
 which it issued. Hubback, Ev. Success. 
 597. See "Retour of Service." 
 
 RETOUR OF SERVICE. In Scotch law. 
 An authenticated copy of the verdict of a 
 jury (called a "service") taken under a 
 brieve of succession, by which the legal 
 character of a party as heir is judicially 
 established. Hubback, Ev. Success. 597; 1 
 Forbes, Inst. pt. 3, p. 80. See Bell, Diet. 
 
 RETRACTATION, or RETRACTION. In 
 probate practice. A withdrawal of a re- 
 nunciation. 
 
 RETRACTO O TANTEO. In Spanish law. 
 The right of revoking a contract of sale; 
 the right of redemption of a thing sold. 
 White, New Recop. bk. 2, tit. 13, c. 2, § 4. 
 
 RETRACTUS AQUAE (Law Lat.) In old 
 English law. Retreat of the water; ebb, or 
 low water; the retreat of tide. Plac. Cor. 
 Rege, Pasch.; 30 Edw. I. apud Cantuar. 
 Sot. 58; Cowell. 
 
 RETRACTUS FEUDALIS (Law Lat) In 
 old Scotch law. The power which a supe- 
 rior possessed of paying off a debt due to 
 an adjudging creditor, and taking a con- 
 veyance to the adjudipation. Bell, Diet. 
 
 RETRAHERE (Lat. from re, back, and 
 trahere, to draw). In old English prac- 
 tice._ To draw back; to withdraw. Si sim- 
 plidter se retrahat a brevi, non tamen se 
 retrahit ah actione, — nisi expresse dicat 
 quod se retrahat ab utroque, if he merely 
 withdraw himself from the writ, he does 
 not thereby withdraw himself from the 
 action, unless he expressly says that he 
 withdraws himself from both. Bracton, 
 fol. 182b. See Fleta, lib. 4, c. 7, § 1. 
 
 RETRAIT (Fr. from retraire, to draw 
 back). In old French and Canadian law. 
 The taking back of a fief by the seignior, 
 in case of alienation by the vassal. Dun- 
 kin's Address, 93. 
 
 A right of pre-emption by the seignior, 
 in case of sale of the land by the grantee. 
 Id. 40. 
 
 RETRAXIT (Lat. he has withdrawn.) In 
 practice. The act by which a plaintiff with- 
 draws his suit. It is so called from the 
 fact that this was the principal word used 
 when the law entries were in Latin. 
 
 A "retraxit" differs from a "nonsuit;" 
 the former being the act of the plaintiff 
 himself, for it cannot even be entered by 
 attorney (8 Coke, 58; 3 Salk. 245; 8 Pa. 
 St. 157, 163), and it must be after declara- 
 tion filed (3 Leon. 47; 8 Pa. St. 163) ; while 
 the latter occurs in consequence of the 
 neglect merely of the plaintiff. A retraxit 
 also differs from a nolle prosequi. The ef- 
 fect of a retraxit is a bar to all actions of 
 a like or a similar nature (Bac. Abr. "Non- 
 suit" [A] ) ; a nolle prosequi is not a bar 
 even in a criminal prosecution (2 Mass. 
 172). See 2 Sellon, Prac. 338; Bac. Abr. 
 "Nonsuit;" Comyn, Dig. "Pleader" (X 2). 
 
 RETREAT TO THE WALL. A figurative 
 phrase used to express the duty of one 
 assailed to retreat as far as he can with 
 safety before resisting the assault with 
 force, such a retreat being essential to the 
 right to kill in self-defense. 4 Bl. Comm. 
 185. 
 
 RETRO (Lat.) Back; backward; behind. 
 Retrofeodum, a rere fief, or arriere fief. 
 Spelman. 
 
 RETROACTIVE. The same as "retrospec- 
 tive" (g. V.) 
 
 RETROCESSION. In civil law. When the 
 assignee of heritable rights conveys his 
 rights back to the cedent, it is called a 
 "retrocession." Ersk. Inst. 3. 5. 1; Diet, 
 de Jur. 
 
 RETROSPECTIVE. Looking backward. A 
 retroactive _ law is one which applies to 
 cases existing at its passage, so as to im- 
 pose new duties or attach new disabilities 
 
RETTE 
 
 892 
 
 REVENDICATION 
 
 with reference to past transaction, or to 
 impair vested rights. 
 
 RETTE (Law Fr.) In old English law. 
 An accusation or charge. Quant clerk est 
 prise par rette de felony, when a clerk is 
 taken on a charge of felony. St. West- 
 minster I. c. 2. 
 
 RETTER (Law Fr.) In old English law. 
 To accuse; to charge; to lay to the charge; 
 to account; in old English, to arret, or ar- 
 rect. Ceo purra il retter a sa negligence, 
 he must charge this to his own negligence. 
 Britt. c. 59. Ceo poies retter a vostre folly 
 demesne, you may lay this to your own 
 folly. Y. B. H. 10 Edw. III. 8. II serra 
 rette la folly, it shall be accounted the 
 folly. Litt. § 261. 
 
 R ETT U M ( Law Lat. ; from Law Fr. rette, 
 q. V.) In old English law. An accusation; 
 a charge. 'Si elerieus aliquis pro erimine 
 aliquo vel retto — arrestatus fuerit, if any 
 clerk shall have been arrested for any crime 
 or charge. St. Marlb. c. 28 (27). 
 
 RETURN. 
 
 Of Writs or Process. The redelivery 
 
 of a writ or process by the officer charged 
 with its execution to the court from which 
 it issued, with an account of the manner in 
 which he has executed it. The account in- 
 dorsed on or affixed to process or writs by 
 the officer, stating the manner of its execu- 
 tion. 
 
 To Writs. The answer made" by one 
 
 to whom an alternative writ, (as of habeas 
 corpus or quo warranto) is directed. 
 
 On Appeal or Error. The papers or 
 
 record transmitted from the lower to the 
 appellate court. 
 
 RETURN DAY. A day appointed by law 
 when all writs are to be returned which 
 have issued since the preceding return day. 
 The sheriff is, in general,. not required to 
 return his writ until the return day. After 
 that period he may be ruled to make a 
 return. 
 
 RETURN OF PREMIUM. In insurance. A 
 repayment of a part or the whole of the 
 premium paid. Policies of insurance, espe- 
 cially those on marine risks, not unfre- 
 quently contain stipulations for a return of 
 the whole or a part of the premium in cer- 
 tain contingencies (2 Phil. Ins. xxii. § 11) ; 
 but in the absence of any such stipulation, 
 in a case free of fraud on the part of the 
 assured, if the risk does not commence to 
 run, he is entitled to a return of it, if paid, 
 or an exoneration from his liability to pay 
 it, subject to deduction settled by stipula- 
 tion or usage; and so, pro rata, if only a 
 part of the insured subject is put at risk (2 
 Phil. Ins. c. xxii. § 1) ; and so an abatement 
 of the excess of marine interest over the 
 legal rate is made in hypothecation of ship 
 or cargo in like case (Id. § 7; Boul. P. 
 Dr. Com. tit. 9, § 13, torn. 3, p. 63 (Ed. of 
 1822) ; Poth. Cont. a la Grosse, note 39. 
 
 RETURNUM AVERIORUM. A judicial 
 writ, similar to the retomo habendo, 
 Cowell. ' 
 
 RETURNUM IRREPLEGIABILE. A judi- 
 cial writ addressed to the sheriff for the 
 final restitution or return of cattle to the 
 owner when unjustly taken or distrained, 
 and so found by verdict. It is granted 
 after a nonsuit in a second deliverance. 
 Reg. Jud. 27. 
 
 REUS (Lat.) In civil law. A party to a 
 suit, whether plaintiff or defendant. Reus 
 est qui cum altero litem, eontestatem habet, 
 sive id egit, sive cum eo actum, est. 
 
 A party to a contract. Reus credendi is 
 he to whom something is due, by whatever 
 title it may be; reus debendi is he who 
 owes, for whatever cause. Poth. ad Pand. 
 lib. 50. 
 
 REUS EXCIPIENDO FIT ACTOR. The de- 
 fendant, by a plea, becomes plaintiff. Ban- 
 nier, Tr. des Preuves, §§ 152, 320; Best, Ev. 
 294, § 252. 
 
 REUS LAESAE MAJESTATIS PUNITUR, 
 ut pereat unus ne pereant omnes. A traitor 
 is punished that one may die lest all perish. 
 4 Coke, 124. 
 
 REUS PROMITTENDI. See "Reus Stlpu- 
 landi." 
 
 REUS STIPULANDI. In the civil law. 
 The party to a stipulation is so called if he 
 is the creditor or obligee, and the debtor 
 or obligor to such a stipulation is called 
 the "reus promittendi." Where there are 
 several creditors or several debtors jointly 
 entitled to or jointly liable under a stipu- 
 lation, they were respectively called "cor- 
 rei;" i. e., joint rei. Brown. 
 
 REVE, or GREVE (Lat. gerefa, or refa, 
 from roe/a?t, to seize). In English law. A 
 chief ofiScer or superintendent (praepositus, 
 praefectus). Properly, according to SpeJ- 
 man, a collector or exactor of public 
 moneys or fines. 
 
 Shire reve, the reve or chief officer of 
 the shire (pagi praepositus) . Hence, sheriff. 
 
 Tun greve, the reve or chief officer of a 
 town {villae praepositus). Afterwards 
 simply called "reve," and bailiff. Spelman. 
 See "Reeve." 
 
 REVE LAND. In Domesday Book we find 
 land put down as "thane lands," which 
 were afterwards converted into reve lands, 
 i. e., such lands as, having reverted to the 
 king upon death of his thane, who had it 
 for life, were not since granted out to any 
 by the king, but vested in charge upon 
 account of the reve or bailiff of the manor. 
 Spelman, Feuds, c. 24. Coke was mistaken 
 in thinking it was land held in socage. 
 
 REVE MOTE. In Saxon law. The court 
 of the reve, reeve, or shire reeve. 1 Reeve, 
 Hist. Eng. Law, 6. 
 
 REVENDICATION. In civil law. An ac- 
 tion, by which a man demands a thing of 
 
REVENUE 
 
 893 
 
 REVISING BARRISTERS 
 
 which ha claims to be owner. It applies to 
 immovables as well as movables; to cor- 
 poreal or incorporeal things. Merlin, Re- 
 pert. 
 
 Eevendication, in another sense, corre- 
 sponds very nearly to the "stoppage in 
 transitu" of the common law. It is used 
 in that sense in Code de Commerce, art. 
 577. Revendication, says that article, can 
 take place only when the goods sold are on 
 the way to their place of destination, 
 whether by land or water, and before they 
 have been received into the warehouse of 
 the insolvent (failli) or that of his factor 
 or agent authorized to sell them on account 
 of the insolvent. See Dig. 14. 4. 15; Id. 18. 
 1. 19. 53; Id. 19. 1. 11. 
 
 REVENUE. (L. Fr. and Eng.) That which 
 returns, or is returned; a rent. Income; 
 annual profit received from lands or other 
 property. Cowell. 
 
 REVERSAL. 
 
 In International Law. A declaration 
 
 by which a sovereign promises that he will 
 observe a certain order, or certain condi- 
 tions, which have been once established, 
 notwithstanding any changes that may 
 happen to cause a deviation therefrom; as, 
 for example, when the French court con- 
 sented for the first time, in 1745, to grant 
 to Elizabeth, the czarina of Russia, the title 
 of empress, it exacted as a reversal a 
 declaration purporting that the assumption 
 of the title of an imperial government by 
 Russia should not derogate from the rank 
 which Prance had held towards her. 
 
 Letters by which a sovereign declares 
 that, by a particular act of his, he does not 
 mean to prejudice a third power. Of this 
 we have an example in history. Formerly 
 the emperor of Germany, whose coronation, 
 according to the Golden Bull, ought to have 
 been solemnized at Aix-Ia-Chapelle, gave 
 to that city, when he was crowned else- 
 where, reversals, by which he declared that 
 such coronation took place without preju- 
 dice to its rights, and without drawing any 
 consequences therefrom for »the future. 
 
 In Practice. The decision of a superi- 
 or court by which the judgment, sentence, 
 or decree of the inferior court is annulled. 
 
 REVERSER. In Scotch law. The propri- 
 tor of an estate who grants a wadset (or 
 mortgage) ■ of his lands, and who has a 
 right, on repayment of the money advanced 
 to him, to be replaced in his right. Bell, 
 Diet. 
 
 REVERSIO (Law Lat. from reverti, to re- 
 turn). In old English law. The return- 
 ing of land to the donor. Fleta, lib. 3, cc. 
 10, 12. 
 
 REVERSION. The residue of an estate 
 left in the grantor, to commence in posses- 
 sion after the determination of some par- 
 ticular estate granted out by him. The 
 return of land to the grantor and his heirs 
 after the grant is over. Co. Litt. 142b. 
 
 The reversion arises by operation of law, 
 and not by deed or will, and it is a vested 
 interest or estate, and in this it differs 
 from a "remainder," which can never be 
 limited unless by either deed or devise. 2 
 Bl. Comm. 175; Cruise, Dig. tit. 17; Plowd. 
 151; 4 Kent, Comm. 349; 19 Viner, Abr. 
 217. A reversion is said to be an incor- 
 poreal hereditament. 4 Kent, Comm. 354; 
 1 Washb. Real Prop. 37, 47, 63; 2 Bouv. 
 Inst, note 1850. See "Remainder." 
 
 REVERSIONARY INTEREST. The inter- 
 est which one has in the reversion of lands 
 or other property. The residue which re- 
 mains to one who has carved out of his 
 estate a lesser estate. See "Reversion.'' 
 An interest in the land when possession 
 shall fail. Cowell. 
 
 REVERSIONARY LEASE. One to take 
 effect in futuro. A second lease, to com- 
 mence after the expiration of a former 
 lease. Wharton. 
 
 REVERSIONER. A person who Is entitled 
 to an estate in reversion. 
 
 REVERSOR. In Scotch law. A debtor who 
 makes a wadset, and to whom the right of 
 reversion is granted. Ersk. Inst. 2. 8. 1. 
 A reversioner. Jacob. 
 
 REVERTER. Reversion. A possibility of 
 reverter is that species of reversionary in- 
 terest which exists when the grant is so 
 limited that it may possibly terminate. See 
 1 Washb. Real Prop. 63. 
 
 REVEST. To vest again. A seisin is said 
 to revest, where it is acquired a second time 
 by the party out of whom it has been di- 
 vested. 1 Roper, Hush. & Wife, 353. 
 
 It is opposed to "divest." The words "re- 
 vest" and "divest" are also applicable to 
 the mere right or title, as opposed to the 
 possession. Brown. , 
 
 REVESTIRE (Law Lat.) In old European 
 law. To return or resign an investiture, 
 seisin, or possession that has been received; 
 to reinvest; to re-enfeoff. Spelman. 
 
 REVIEW. A second examination of a mat- 
 ter; ordinarily applied to a re-examination 
 of a judicial or official determination. It is 
 a general term, embracing re-examination 
 obtained by every variety of procedure, as 
 by motion for new trial, appeal, writ of 
 error, bill of review, etc. 
 
 REVIEW, BILL OF. In equity practice. 
 A bill in the nature of a writ of error, filed 
 to procure an examination and alteration 
 or reversal of a decree made upon a for- 
 mer bill, which decree has been signed and 
 enrolled. Story, Eq. PI. § 403. 
 
 REVISING BARRISTERS. In English law. 
 Barristers appointed to revise the list of 
 voters for county and borough members of 
 parliament, and who hold courts for that 
 purpose throughout the country, being ap- 
 
REVIVAL 
 
 REVOLT 
 
 pointed in July or August. 
 Chit. St. 
 
 6 Vict. c. 18; 3 
 
 REVIVAL. 
 
 Of Contracts. An agreement to renew 
 
 the legal obligation of a just debt after it 
 has been barred by the act of limitation or 
 lapse of time is called its "revival." 
 
 Of Judgment. At common law, the 
 
 act by which a judgment which has lain dor- 
 mant or without any action upon it for a 
 year and a day is again restored to its 
 original force. 
 
 When a judgment is more than a day and 
 a year old, no execution can issue upon it 
 at common law; but till it has been paid, or 
 the presumption arises from lapse of time 
 that it has been satisfied, it may be revived 
 and have all its original force, which was 
 merely suspended. This may be done by a 
 scire facias, or an action of debt on the 
 judgment. See "Scire Facias." 
 
 Where the common-law rule is not in 
 force, the bringing of suit on a judgment to 
 prevent the bar of the statute of limitations 
 is termed "revival." 
 
 ——Of Action. The continuation of an ac- 
 tion which has abated by the death or dis- 
 ability of a party, or a transfer of the cause 
 of action. At common law, this was effected 
 by a bill in equity (see "Bill of Revivor"), 
 but in most of the states, a proceeding on 
 application to the court in which the action 
 was pending has been substituted. 
 
 REVIVOR. In equity practice. A bill used 
 to renew an original bill which, for some 
 reason, has become inoperative. 
 
 The purpose of a revivor is to renew a 
 dormant judgment and to give it its origi- 
 nal force as a lien on the judgment debtor's 
 property. 209 III. 249. See "Bill of Revi- 
 vor." 
 
 REVOCATION OF AGENCY. An agency 
 is dissolved or determined in several ways: 
 I. By the act of the principal, either 
 
 (a) Express, as 
 
 (1) By direct and formal writ- 
 
 ing, publicly advertised ; 
 
 (2) By informal writing to the 
 
 agent privately; 
 
 (3) By parol, 6 Pick. (Mass.) 
 
 198. 
 
 (b) Implied from circumstances, as by 
 
 appointing another person to do 
 the same act, where the author- 
 ity of both would be incompat- 
 ible. 78 Ky. 413. 
 The exceptions to the power of the prin- 
 cipal to revoke his agent's authority at mere 
 pleasure are 
 
 (1) When the principal has expressly 
 stipulated that the authority shall be irrev- 
 ocable, and the agent has also an interest 
 in its execution. 86 111. 142. 
 
 (2) Where an authority or power is 
 coupled with an interest, or is given for a 
 valuable consideration, or is a part of a 
 security, unless there is an express stipula- 
 tion that it shall be revocable. 40 111. 109. 
 
 (3) Where an agent's act in pursuance of 
 his authority has become obligatory, for 
 nemo potest mutwre consilium suum in al- 
 terius injuriam, 121 N. Y. 582. 
 
 II. By the agent's giving notice to his prin- 
 cipal that he renounces the agency; 
 but the principal must sustain no dam- 
 age thereby; otherwise the agent 
 would be responsible therefor. 37 Mich. 
 481. 
 
 III. By operation of law, as 
 
 (a) By the expiration of the period 
 during which the agency was 
 to exist or to have effect. 62 
 Ga. 216. 
 
 (b) By a change of condition or of 
 state, producing an incapacity 
 of either the principal or the 
 agent, as 
 
 (1) Marriage of a feme sole 
 principal. 22 Tex. 365. 
 
 (2) Mental disability estab- 
 lished by inquisition, or 
 where the party is 
 placed under guardian- 
 ship. 2 Hall (N. Y.) 
 495. 
 
 (3) Bankruptcy, except as to 
 such rights as do not 
 pass to the trustee un- 
 der the adjudication. 6 
 Biss. (U. S.) 405. 
 
 '(4) Death, unless the author- 
 ity is coupled with an 
 interest in the thing 
 vested in the agent. 18 
 Beav. 179. 
 
 (5) Extinction of the subject 
 of the agency. 
 
 (6) Cessation of the princi- 
 pal's gowers. 
 
 (7) Complete execution of the 
 trust confided to the 
 agent, who then is func- 
 tus offlmo. 100 N. Y. 
 413; Wharton. 
 
 (8) A state of war also termi- 
 nates all agencies re- 
 quiring intercourse be- 
 tween belligerent na- 
 tions. 100 Mass. 561. 
 
 REVOCATION OF PROBATE. The vaca- 
 tion or recall of an order admitting a will to 
 probate. 
 
 REVOCATIONE PARLIAMENTI. An an- 
 cient writ for recalling a parliament. 4 
 Inst. 44. 
 
 REVOCATUR (Lat. recalled). A term 
 used to denote that a judgment is annulled 
 for an error in fact. The judgment is then 
 said to be recalled, revocatur; not re- 
 versed," which is the word used when a 
 judgment is annulled for an error in law. 
 Tidd, Prac. 1126. 
 
 REVOLT. The endeavor of the crew of a 
 vessel, or any one or more of them, to over- 
 throw the legitimate authority of her com- 
 
REWARD 
 
 895 
 
 RIDER 
 
 mander, with intent to remove him from 
 his command, or against his will to take 
 possession of the vessel by assuming the 
 government and navigation of her, or by 
 transferring their obedience from the lawful 
 commander to some other person. 11 Wheat. 
 (U. S.) 417. 
 
 A confederacy or combination must be 
 shown. 2 Sumn. (U. S.) 582; 1 Woodb. & 
 M (U. S.) 305; Crabbe, Diet. Ct. 558. The 
 vessel must be properly registered (3 Sumn. 
 [U S.] 342) ; must be pursuing her regular 
 voyage (2 Sumn. [U. S.] 470). The indict- 
 ment must specifically set forth the acts 
 which constitute the crime. Wharton, Free. 
 § 1061, note. And see 1 Mason (U. S.) 147; 
 5 Mason (U. S.) 402, 404; 1 Sumn. (U. S.) 
 448; 4 Washb. C. C. (U. S.) 402, 528; 2 
 Curt. (U. S.) 225; 1 Pet. C. C. (U. S.) 213. 
 
 REWARD. An offer of recompense by the 
 government, or by a private person, to who- 
 ever will perform some special act. 
 
 A reward is an offer, revocable at any 
 time before performance. When accepted 
 by performance, it becomes a contract. 92 
 U. S. 73. 
 
 REWME (Old Bng.; from Law Fr. reaw- 
 me). In old records. Realm ; kingdom. "In 
 the name of Fader, Son, and Holy Ghost, I, 
 Henry of Lancaster, challenge this rewme 
 of Ynglonde and the croun, with all the 
 members and the appurtenances, als I that 
 am .descendit be right line of the blode com- 
 yng fro the gude Lord King Henry therde, 
 and thorgho that right that God, of his 
 grace, hath sent mee, with helpe of my kyn 
 and of my frendes to recover it; the which 
 rewme was in poynt to be ondone for de- 
 f aut of governance and undoyng of the gude 
 laws." Claim of Henry, Duke of Lancaster 
 (afterwards Henry IV.), to the crown of 
 England. 1 How. St. Tr. 152. 
 
 REX (Lat.) In old English law. King; a 
 king; the king. 
 
 REX DEBET ESSE SUB LEGE QUIA 
 lex facit regem. The king ought to be under 
 the law, because the law makes the king. 
 1 Bl. Comm. 239. 
 
 REX EST LEGALIS ET POLITICUS. The 
 
 king is both a legal and political person. 
 Lane, 27. 
 
 REX EST LEX VIVENS. The king la the 
 living law. Jenk. Cent. Cas. 17. 
 
 REX EST MAJOR SINGULIS; MINOR 
 unlversis. The king is greater than any 
 single person; less than all. Bracton, lib. 
 1, c. 8. 
 
 REX HOC SOLUM NON POTEST FA- 
 
 cere quod non potest Injuete agere. The 
 king can do everything but an injustice. 11 
 Coke, 72. 
 
 REX NON DEBET ESSE SUB HOMINE 
 sed sub Deo et lege. The king should not 
 be under the authority of man, but of God 
 
 and the law. Broom, Leg. Max. (3d London 
 Ed.) 46,111; Bracton, 5. 
 
 REX NON POTEST FALLERE NEC FAL- 
 
 II. The king cannot deceive or be deceived. 
 Grounds & Rudiments of Law, 438. 
 
 REX NON POTEST PECCARE. The king 
 can do no wrong. 2 Rolle, 304; Jenk. Cent. 
 Cas. 9, 308; Broom, Leg. Max. (3d London 
 Ed.) 51; 1 Bl. Comm. 246. 
 
 REX NUNQUAM MORITUR. The king 
 never dies. Broom, Leg. Max. (3d London 
 Ed.) 49; Branch, Max. (6th Ed.) 197; 1 
 Bl. Comm. 249. 
 
 RHANDIR. In gavelkind law. A gavel 
 was divided into four rhandirs, each con- 
 sisting of four tenements. 
 
 RHODIAN LAWS. A code of maritime 
 laws adopted by the people of Rhodes, who 
 had by their commerce and naval victories 
 obtained the sovereignty of the sea, about 
 nine hundred years before the Christian era. 
 There is reason to suppose this code has not 
 been transmitted to posterity, at least not in 
 a perfect state. A collection of marine con- 
 stitutions, under the denomination of "Rho- 
 dian Laws," may be seen in Vinnius; but 
 they bear evident marks of a spurious ori- 
 gin. Marsh. Ins. bk. 1, c. 4, p. 15. See 
 "Code." 
 
 RIAL OF PLATE. A Spanish coin com- 
 puted in custom-house calculations at ten 
 cents. 1 Story, U. S. Laws, 626. 
 
 RIAL OF VELLON. A Spanish coin com- 
 puted in custom-house calculations at five 
 cents. 1 Story, U. S. Laws, 626. 
 
 RIBALDUS (Law Lat.; from Fr. rihauld, 
 ribaud). In old European law. A worth- 
 less person; a vagabond; a rogue or ruf- 
 fian. Spelman. It was not always, how- 
 ever, used in a bad sense, but sometimes 
 denoted an inferior attendant or servant. 
 Id. 
 
 RIBAUD. A rogue; a vagrant. It is not 
 used. 
 
 RICHARD ROE, otherwise TROUBLE- 
 some. The casual ejector and ficitious de- 
 fendant in ejectment, whose services are no 
 longer invoked. 
 
 RICOHOME (Spanish). In Spanish law. 
 A nobleman; a count or baron. 1 White, 
 Recop. 36. 
 
 RIDER. A schedule or small piece of pa- 
 per or parchment added to some part of the 
 record; as, when on the reading of a bill in 
 the legislature a new clause is added, this is 
 tacked to the bill on a separate piece of 
 paper, and is called a "rider." 
 
 RIDER (or RIDDER) ROLL. In old Eng- 
 lish practice. A schedule or small piece of 
 parchment added to some part of a roll or 
 
RIDING 
 
 896 
 
 RIGHT 
 
 record. Cowell; Blount. A supplementary 
 roll. 2 Tidd, Prac. 730. 
 
 RIDING. In English law. An ascertained 
 district; part of a county. This term has 
 the same meaning in Yorkshire that division 
 has in Lincolnshire. 4 Term R. 459. 
 
 RIEN. A French word which signifies 
 "nothing." It has generally this meaning; 
 as, rien en wnrere; rien passe per le fait, 
 nothing passes by the deed; rien per descent, 
 nothing by descent. It sometimes signifies 
 not, as, rien culpable, not guilty. Doct. Plac. 
 435. 
 
 RIEN GULP (Law Pr.) In old pleading. 
 Not guilty. Y. B. H. 9 Hen. VI. 16; Id. M. 
 10 Hen. VI. 53. 
 
 RIEN DIT (Law Ft.) In old pleading. 
 Says nothing (nil diedt). Y. B. M. 8 Hen. 
 VI. 16. 
 
 RIEN EN ARRERE (Law- Fr. nothing In 
 arrear) . In pleading. A plea which alleges 
 that there is nothing remaining due and un- 
 paid of the plaintiff's demand. It is a good 
 plea, and raises the general issue in an ac- 
 tion for rent. 2 Wm. Saund. 297, note 1; 2 
 Chit. PI. 486; 2 Ld. Raym. 1503. 
 
 A plea in an action of debt for rent. 1 
 Tidd, Prac. 650; Roscoe, Real Actions, 475. 
 
 A plea to an avowry in replevin. • Roscoe, 
 Real Actions, 638; 2 Greenl. Ev. § 566. A 
 quasi general issue. 2 Seld. (N. Y.) 141. 
 
 RIEN LUY DOIT (Law Fr.) In old plead- 
 ing. Owes him nothing. The plea of nil 
 debet. Y. B. M. 3 Hen. VI. 16. 
 
 RIEN PASSA UAR LE FAIT (Law Fr.) 
 nothing passed by the deed). In pleading. 
 A plea which avoids the effect of a deed, 
 where its execution cannot be denied, by 
 asserting that nothing passed thereby; for 
 example, an allegation that the acknowl- 
 edgment was before a court which had not 
 jurisdiction. 
 
 RIENS, RIEN, or RYEN (Law Fr.) Noth- 
 ing. Litt. § 53. 
 
 RIENS LOUR DEUST (Law Fr. not their 
 debt). The old form of the plea of nil 
 debet. 2 Reeve, Hist. Eng. Law, 332. 
 
 RIENS PER DESCENT (Law Fr. nothing 
 by descent). The plea of an heir, where 
 he is sued for his ancestor's debt, and has 
 no land from him by descent, or assets in 
 his hands. Cro. Car. 151; 1 Tidd, Prac. 
 645; 2 Tidd, Prac. 937. 
 
 RIER COUNTY (Law Lat. retroeomita- 
 tus). In old English law. After-county, 
 i. e., after the end of the county court. A 
 time and place appointed by the sheriff for 
 the receipt of the king's money after the 
 end of his county, or county court. Cowell. 
 Pleta (lib. 2,_c. 67) calls it the day after 
 the county (dies crastinus post comitatum) . 
 It is opposed to "open county" (that is, 
 open county court), in St. 2 Edw. III. c. 5. 
 
 RIFFLURA, RUFFLURA, or RUFLURA 
 
 (Law Lat.; from old Eng. rufflyn, to dis- 
 order). In old English criminal law. A 
 slight removal of the skin; a scratch (seari- 
 ficatio, decortatio). Bracton, fols. 144, 145; 
 Fleta, lib. 1, c. 41, § 3; Spelman. 
 
 RIFLETUM (Law Lat.) In old records. 
 A coppice or thicket. Cowell. 
 
 RIGA. In old European law. A species of 
 service and tribute rendered to their lords 
 by agricultural tenants. Supposed by Spel- 
 man to be derived from 'the name of a cer- 
 tain portion of land called, in England, a 
 "rig" or "ridge," an elevated piece of 
 ground, formed out of several furrows. 
 
 RIGHT. In the most abstract sense, jus- 
 tice, equity. The word also denoted, among 
 other things, property, interest, power, pre- 
 rogative, immunity, and privilege, and in 
 law is most frequently applied to property 
 in its restricted sense. As an enforceable 
 legal right, it means that which one has 
 a legal right to do. 57 Ore. 201; Ann. Gas. 
 1913A 66. 
 
 That which a person, having it, is en- 
 titled to keep and enjoy, and to be protected 
 by law in its enjoyment; as the right of 
 personal liberty, and other rights of per- 
 sons. See 1 Bl. Comm. 129. 
 
 That which one person ought to have or 
 receive from another, it being withheld 
 from him, or not in his possession. In this 
 sense, "right" has the force of "claim," and 
 is properly expressed by the Latin jus. 
 Lord Coke considers this to be the proper 
 signification of the word, especially in writs 
 and pleadings, where an estate is turned 
 to a right, as by discontinuance, disseisin, 
 etc. Co. Litt. 345a. 
 
 That interest which a person actually 
 has in any subject of property, entitling 
 him to hold or convey it at pleasure. 57 
 Ore. 201; Ann. Cas. 1913A 66. An estate 
 in esse in conveyances. Co Litt. 346a. In 
 this sense "right" (jus) has the force of 
 ownership or property. Lord Coke com- 
 paring the terms of right and title observes 
 that " 'title' is the more general word, for 
 every right is a title, but every title is not 
 such a right for which an action lies." Co. 
 Litt. 345b. Sir Matthew Hale distinguishes 
 between the right of an estate and the title 
 of an estate. Hale, Anal. § 32. 
 
 Classification: 
 
 (1) Rights are perfect and imperfect. 
 When the things which we have a right to 
 possess, or the actions we have a right to 
 do, are or may be fixed and determinate, 
 the right is a perfect one; but when the 
 thing or the actions are vague and inde- 
 terminate, the right is an imperfect one. 
 If a man demand his property which is 
 withheld from him, the right that supports 
 his demand is a perfect one, because the 
 thing demanded is or may be fixed and 
 determinate; but if a poor man ask relief 
 from those from whom he has reason to 
 expect it, the right which supports his posi- 
 
RIGHT 
 
 897 
 
 RIGHT OF POSSESSION 
 
 tion is an imperfect one, because the relief 
 which he expects is a vague, indeterminate 
 thing. Rutherforth, Inst. c. 2, § 4; Grotius 
 de Jure Belli, lib. 1, c. 1, § 4. 
 
 (2) Rights are also absolute and quali- 
 fied. A man has an absolute right to re- 
 cover property which belongs to him. An 
 agent has a qualified right to recover such 
 property when it had been intrusted to his 
 care, and which has been unlawfully taken 
 out of his possession. 
 
 (3) Rights might, with propriety, be also 
 divided into natural and civil rights; but 
 as all the rights which man has received 
 from nature have been modified and ac- 
 quired anew from the civil law, it is more 
 proper, when considering their object, to 
 divide them into political and civil rights. 
 
 Political rights consist in the power to 
 participate, directly or indirectly, in the 
 establishment or management of govern- 
 ment. These political rights are fixed by 
 the constitution. Every citizen has the 
 right of voting for public oflBcers, and of 
 being elected. These are the political rights 
 which the humblest citizen possesses. 
 
 Civil rights are those which have no re- 
 lation to the establishment, support, or man- 
 agement of the government. These consist 
 in the power of acquiring and enjoying 
 property, of exercising the paternal and 
 marital powers, and the like. It will be 
 observed that every one, unless deprived 
 of them by a sentence of civil death, is in 
 the enjoyment of his civil rights, which is 
 not the case with political rights, for an 
 alien, for example, has no political, al- 
 though in the full enjoyment of his civil, 
 rights. 
 
 (4) Civil rights are divided into absolute 
 and relative. The absolute rights of man- 
 kind may be reduced to three principal or 
 primary articles: The right of personal 
 security, which consists in a person's legal 
 and uninterrupted enjoyment of his life, his 
 limbs, his body, his health, and his repu- 
 tation; the right of personal liberty, 
 which consists in the power of locomotion, 
 of changing situation, or removing one's 
 person to whatsoever place one's inclination 
 may direct, without any restraint unless by 
 due course of law; the right of property, 
 which consists in the free use, enjoyment, 
 and disposal of all his acquisitions, without 
 any control or diminution save only by the 
 laws of the land. 1 Bl. Comm. 124-139. 
 
 _(B) The relative rights are public or 
 private. The first are those which subsist 
 between the people and the government; 
 as, the right of protection on the part of 
 the people, and the right of allegiance 
 which is due by the people to the govern- 
 ment; the second are the reciprocal rights 
 of husband and wife, parent and child, 
 guardian and ward, and master and 
 servant. 
 
 (6)^ Rights are also divided into legal 
 and equitable. The former are those where 
 the party has the legal title to a thing; 
 and in that case his remedy for an inf ringe- 
 
 moit of it Is by an action in a court of law. 
 Although the person holding the legal title 
 may have no actual interest, but hold only 
 as trustee, the suit must be in his name, 
 and not, in general, in that of the cestui 
 que trust. 1 East, 497; 8 Term R. 332; 
 1 Saund. 158, note 1; 2 Bing. 20. The 
 latter, or equitable rights, are those which 
 may be enforced in a court of equity by 
 the cestui que trust. See, generally, Bouv. 
 Inst. Index. 
 
 RIGHT CLOSE, WRIT OF. An abolished 
 writ which lay for tenants in ancient de- 
 mesne, and others of a similar nature, to 
 try the right of their lands and tenements 
 in the court of the lord exclusively. 1 Steph. 
 Comm. 224. 
 
 RIGHT IN ACTION. A chose m aoUon 
 (q. V.) 
 
 RIGHT IN COURT. See "Rectus In Cu- 
 ria." 
 
 RIGHT OF ACCESS. The right of a ripa- 
 rian owner to pass to and from the waters 
 of the lake within the width of his premises 
 as they border on the lake. 202 111. 431. 
 
 RIGHT OF ACTION. The right to bring 
 suit; a legal right to maintain an action, 
 growing out of a given transaction or state 
 of facts, and based thereon. See "Action." 
 
 By the old writers "right of action" is 
 commonly used to denote that a person has 
 lost a right of entry, and has nothing but 
 a right of action left. Co. Litt. 363b. 
 
 RIGHT OF DISCUSSION. In Scotch law. 
 The right which the cautioner (surety) has 
 to insist that the creditor shall do his best 
 to compel the performance of the contract 
 by the principal debtor before he shall be 
 called upon. 1 Bell, Comm. (5th Ed.) 347. 
 
 RIGHT OF DIVISION. In Scotch law. 
 The right which each of several cautioners 
 (sureties) has to refuse to answer for more 
 than his own share of the debt. To entitle 
 the cautioner to this right, the other cau- 
 tioners must be solvent, and there must be 
 no words in the bond to exclude it. 1 Bell, 
 Comm. (5th Ed.) 347. 
 
 RIGHT OF ENTRY. A right of entry Is 
 the right of taking or resuming possession 
 of land by entering on it in a peaceable 
 manner. 
 
 RIGHT OF HABITATION. In Louisiana. 
 The right of dwelling gratuitously in a 
 house the property of another. Civ. Code 
 La. art. 623; 3 Toullier, Dr. Civ. c. 2, p. 
 325; 14 Toullier, Dr. Civ. note 279, p. 330. 
 
 RIGHT OF POSSESSION. The right to 
 possession which may reside in one man, 
 while another has the actual possession, 
 being the right to enter and turn out such 
 actual occupant; e. g., the right of a dis- 
 seisee. An apparent right of possession is 
 one which may be defeated, by a better; an 
 actual right of possession,— one which will 
 stand the test against all opponents. 2 Bl. 
 Comm. 196*. 
 
RIGHT OF PRE-EMPTION 
 
 893 
 
 RINGING THE CHANGE 
 
 RIGHT OF PRE-EMPTION. The right to 
 purchase the land at the government price, 
 in preference to any other person, and be- 
 fore it is offered at public sale. 54 111. 55. 
 
 RIGHT OF PROPERTY. The abstract 
 right {merum jus) which remains after the 
 actual possession has been so long gone 
 that the right of possession is also lost, and 
 the law will only allow recovery of the 
 land by a writ of right. It, together with 
 possession and right of possession, makes 
 a perfect title; e. g., a disseisor h'as naked 
 possession, the disseisee has right of pos- 
 session and right of property. But after 
 twenty years without entry, the right of 
 possession is transferred from the disseisee 
 to the disseisor; and if he now buys up 
 the right of property which alone remains 
 in the disseisee, the disseisor will unite all 
 three rights in himself, and thereby acquire 
 a perfect title. 2 Bl. Comm. 197-199*. 
 
 RIGHT OF RELIEF. In Scotch law. The 
 right which the cautioner (surety) has 
 against the principal debtor when he has 
 been forced to pay his debt. 1 Bell, Comm. 
 (5th Ed.) 347. 
 
 RIGHT OF SEARCH. See "Search, Right 
 of;" 1 Kent, Comm. (9th Ed.) 153, note; 1 
 Phillim. Int. Law, 325. 
 
 RIGHT OF WAY. The term imports an 
 easement of way, and not a public high- 
 way. 2 Barb. (N. Y.) 432. 
 
 An easement of perpetual use, a charge 
 or burden upon the land of one for the 
 benefit of another. 57 Ore. 203; Ann. Cas. 
 1913A 67; 34 Cyc. 1767. 
 
 RIGHT PATENT. The name of an an- 
 cient writ, which, Fitzherbert says, "ought 
 to be brought of lands and tenements, and 
 not of an advowson, or of common, and lieth 
 only of an estate of fee simple, and not for 
 him who has a lesser estate, as tenant in 
 tail, tenant in frank marriage, or tenant 
 for life." Fitzh. Nat. Brev. 1. 
 
 RIGHT TO BEGIN. In practice. The par- 
 ty who asserts the affirmative of an issue 
 has the right to begin .and reply, as on him 
 is the burden of proof. The substantial af- 
 firmative, not the verbal, gives the right. 1 
 Greenl. Ev. § 74; 18 B. Mon. (Ky.) 186; 6 
 Ohio St. 307; 2 Gray (Mass.) 260. 
 
 RIGHT, WRIT OF. A procedure for the 
 recovery of real property after not more 
 than sixty years' adverse possession; the 
 highest writ in the law, sometimes called, to 
 distinguish it from others of the droitural 
 class, the "writ of right proper;" Abolished 
 by 3 & 4 Wm. IV. c. 27. 3 Steph. Comm. 
 392, 
 
 RIGHTS IN GROSS. A class of rights 
 which one may have in another's land with- 
 out their being exercised in connection with 
 the occupancy of other lands, in which cases 
 the burden rests upon the land in favor of 
 a person or individual. 116 111. 19. 
 
 RIGOR JURIS (Law Lat.) Strictness of 
 law. Latch, 150. Distinguished from gratia 
 curiae, favor of the .court. Id. 
 
 RING DROPPING. In criminal law. A 
 phrase applied in England to a trick fre- 
 quently practiced in committing larcenies. 
 It is difficult to define it. It will be suffi- 
 ciently exemplified by the following cases: 
 The prisoner, with some accomplices, being 
 in company with the prosecutor, pretended 
 to find a valuable ring wrapped up ^n a 
 paper, appearing to be a jeweller's receipt 
 for "a rich brilliant diamond ring." They 
 offered to leave the ring with the prosecutor 
 if he would deposit some money and his 
 watch as a security. The prosecutor, having 
 accordingly laid down his watch and money 
 on a table, was beckoned out of the room 
 by one of the confederates, while the others 
 took away his watch and money. This 
 was held to amount to a larceny. 1 Leach, 
 C. C. 288; 2 East, P. C. 678. In another 
 case, under similar circumstances, the pris- 
 oner procured from the prosecutor twenty 
 guineas, promising to return them the next 
 morning, and leaving the false jewel with 
 him. This was also held to be larceny. 1 
 Leach, C. C. 314; 2 East, P. C. 679. In these 
 cases the prosecutor had no intention of 
 parting with the property in the money or 
 goods stolen. It was taken, in the first case, 
 while the transaction was proceeding, with- 
 out his knowledge, and in the last, under 
 the promise that it should be returned. See 
 2 Leach, C. C. 640. 
 
 RINGA (Law Lat.) In old English law. 
 A belt, a girdle; a sword belt. Bracton, 
 fol. 5b; Spelman. 
 
 RINGING OUT. A usage prevailing on the 
 Merchants' Exchange of St. Louis, by which 
 merchants having contracts with the same 
 brokers both for grain sold and grain 
 bought, purchased and sold for the same 
 delivery, settle between themselves by pay- 
 ing the difference one way or the other. 
 130 111. 78. See "Ringing Up." 
 
 RINGING THE CHANGE. In criminal 
 law. A trick practiced by a criminal, by 
 which, on receiving a good piece of money 
 in payment of an article, he pretends it is 
 not good, and, changing it, returns to the 
 buyer a spurious coin. For example, the 
 prosecutor having bargained with the pris- 
 oner, who was selling fruit about the streets, 
 to have five apricots for sixpence, gave him 
 a good shilling to change. The prisoner put 
 the shilling into his mouth, as if to bite it 
 in order to try its goodness, and, returning 
 a shilling to the prosecutor, told him it was 
 a bad one. The prosecutor gave him another 
 good shilling, which he also affected to bite, 
 and then returned another shilling, sasring 
 it was a bad one. The prosecutor gave him 
 another good shilling, with which he prac- 
 tised this trick a third time, the shillings 
 returned by him being in every respect bad. 
 2 Leach, C. C. 64. This was held to be an 
 
RINGING UP 
 
 899 
 
 RITE 
 
 uttering of false money. 1 Russ. Crimes, 
 114. 
 
 RINGING UP. Is nothing more or less 
 than the setting off of one trade against 
 anotheiv- a thing which occurs in great cities 
 in mercantile transactions. Payments be- 
 ing made through checks upon bank, credit 
 balances being set off against each other. 
 The closing up of transactions on the board 
 of trade for the purchase and sale of grain, 
 by setting off one trade against another, 
 is necessarily no more illegal or improper 
 than is the setting off of credit balances 
 by merchants through checks on banks. 68 
 III. App. 573; 4 111. App. 63; 6 111. App. 
 325. See "Ringing Out." 
 
 RINGS, GIVING. The giving of golden 
 rings by a newly-created serjeant-at-law to 
 every person of rank at court, from the 
 princes of the blood, through the lords in 
 parliament and the justices and barons of 
 the courts, down to the meanest clerk of 
 common pleas, to each one according to his 
 dignity. The expense was not less than 
 forty pounds English money. Fortesq. 
 (Amos Ed.) 190; 10 Coke, Introd. 23. 
 
 RIOT. In criminal law. A tumultuous 
 disturbance of the peace by three persons 
 or more, assembling together of their own 
 authority with an intent mutually to assist 
 each other against any who shall oppose 
 them, in the execution of some enterprise 
 of a private nature, and afterwards actu- 
 ally executing the same in a violent and 
 turbulent manner, to the terror of the peo- 
 ple, whether the act intended were of itself 
 lawful or unlawful. Hawk. P. C. c. 65, 
 § 1. See 3 Blackf. (Ind.) 209; 4 Blackf. 
 (Ind.) 72; 3 Rich. (S. C.) 337; 5 Pa. St. 88. 
 
 "Riot" includes both "unlawful assem- 
 bly" and "rout" (q.v.), and the further ele- 
 ment that there shall be not only a step 
 towards carrying out the unlawful intent 
 of the assembly, but that they shall pro- 
 ceed therein in a violent and tumultuous 
 manner. 
 
 RIOT ACT. St. 1 Geo. I. st. 2, c. 5, pro- 
 viding that, if any twelve persons or more 
 are committing a riot, any sheriff, mayor, or 
 certain other officers shall by proclamation 
 in the king's name command them to dis- 
 perse (which is familiarly called "reading 
 the riot act"), and that, if they refuse to 
 obey, and remain together for the space of 
 one hour after such proclamation, they are 
 all guilty of felony. 
 
 RIOTOSE (Law Lat. riotously.) A for- 
 mal and essential word in old indictments 
 for riots. 2 Strange, 834. Riotose et rou- 
 tose, riotously and routously. 2 Salk. 593. 
 
 RIOTOUS ASSEMBLY. In English crim- 
 inal law. The unlawful assembling of twelve 
 persons or more, to the disturbance of the 
 peace, and not dispersing upon proclama- 
 tion. 4 Bl. Comm. 142; 4 Steph. Com. 273. 
 
 RIOTOUSLY. In criminal pleading. A 
 technical word properly used in an indict- 
 ment for a riot, and ex vi termini implying 
 violence. 2 Chit. Crim. Law, 488, 490, note 
 (f ) ; 2 Sess. Cas. 13, cited Id. In the Eng- 
 lish forms, "riotously and routously" is the 
 expression invariably used. 2 Chit. Crim. 
 Law, ubi supra; 3 Burrows, 1262. And 
 this has been adopted in American practice. 
 Wharton, Prec. Indict. (Ed. 1857) 849 et 
 seq. 
 
 RIPA (Lat.) The banks of a river, or the 
 place beyond which the waters do not in 
 their natural course overflow. 
 
 An extraordinary overflow does not 
 change the banks of the river. Poth. ad 
 Pand. lib. 50. See "Bank;" "River." 
 
 RIPARIAN PROPRIETOR. The word 
 "riparian" has reference to the bank, and 
 not to the bed of the stream. Those who 
 own the land bounding on the watercourse 
 are called riparian proprietors or riparian 
 owners. They have a qualified property 
 in the soil to the thread of the stream. 
 141 Ga. 202; Ann. Cas. 1915C 1025; 9 Ann. 
 Cas. 1229, note. See Littoral Proprietor. 
 
 RIPARIAN RIGHTS. The rights of the 
 owners of lands on the banks of rivers and 
 streams, 3 Kent, Comm. 427-432. See "Ri- / 
 parian Proprietor." 
 
 RIPARUM USUS PUBLICUS EST JURE 
 
 gentium, sicut Ipslus fluminis. The use of 
 river banks is by the law of nations pub- 
 lic, like that of the stream itself. Dig. 
 1. 8. 5. pr.; Fleta, lib. 3, c. 1, §5; Locc. 
 de Jur. Mar. lib. 1, c. 6, § 12. 
 
 RIPATICUM (L. Lat.) In old European 
 law. A revenue derived from the banks 
 of rivers. Feud. lib. 2, tit. 56. 
 
 RIPUARIAN LAW. A code of laws of the 
 Franks, who occupied the country upon the 
 Rhine, the Meuse, and the Scheldt, who 
 were collectively known by the name "Ripu- 
 arians," and their laws as "Ripuarian 
 Law." 
 
 RISCUS (Law Lat.) 
 
 — — In the Civil Law. A chest for the 
 keeping of clothing. Calv. Lex. 
 
 In Old Pleading. A trunk. Cro. Jac. 
 
 664. 
 
 RISICUM (Law Lat.) In old insurance 
 law. Risk; hazard; peril. Straccha, Gloss. 
 16; Emerig. Tr. des Assur. c. 12. 
 
 RISK. In insurance law. The event in- 
 sured against. 
 
 Not the "danger," but the circumstances 
 which give rise to it. 1 Hurlst. & N. 334. 
 
 RISTOURNE (Fr.) In insurance law. 
 The dissolution of a policy or contract of 
 insurance, for any cause. Emerig. Tr. des 
 Assur. c. 16. 
 
 RITE (Lat.) In due form. "The rule of 
 presumption is ut res rite acta est" (that 
 
RIVER 
 
 900 
 
 ROBBERY 
 
 a thing is done in due form). Lord Ellen- 
 borough, 8 East, 24S. Sea "Omnia Prao- 
 snmuntoz Rite, etc." 
 
 RIVER. A natural stream of water flow- 
 ing betwixt banks or walls in a bed of 
 considerable depth and width, being so call- 
 ed whether its current sets always one 
 way, or flows and reflows with the tide. 
 Woolr. Waters, 40; 16 N. H. 467. 
 
 In Old Law. Rivers were either pub- 
 lic or private. Public rivers are divided 
 into "navigable" and "not navigable;" the 
 distinction being that the former flow and 
 reflow with the tide, while the latter do 
 not. Both are "navigable" in the popular 
 sense of the term. Angell, Tide Waters, 
 74, 76; 7 Pet. (U. S.) 324; 5 Pick. (Mass.) 
 199; 26 Wend. (N. Y.) 404; 4 Barn. & C. 
 602; 5 Taunt. 705. 
 
 Rivers, when naturally unfit for public 
 use, as above described, are called "private 
 rivers." They are the private property of 
 the riparian proprietors, and cannot be 
 appropriated to public use, as highways, 
 by deepening or improving their channels, 
 without compensation to their owners. 16 
 Ohio, 540; 26 Wend. (N. Y.) 404; 6 Barb. 
 (N. Y.) 265; 18 Barb. (N. Y.) 277; 8 Pa. 
 St. 379; 10 Me. 278; 1 McCord (S. C.) 
 580. And see "Watercourse." 
 
 In Modern Use. Rivers are ordinarily 
 
 classified as navigable or nonnavigable, ac- 
 cording to the fact, and not according to 
 the flow of the tide, and the distinction 
 between public and private rivers is ac- 
 cordingly obsolete. See "Navigable." 
 
 RIVIATION. In old English law. The use 
 of a river for the purposes of fishing, etc. 
 Hale de Jur. Mar. par. 1, c. 2. 
 
 RIVUS (Lat.) 
 
 In the Civil Law. A trench for water 
 
 to pass. Defined by Ulpian, a place sunk 
 for a distance along, where water may run 
 (locus per longitudinem depressus quo 
 aqua decurrat). Dig. 43. 21. 1. 2. 
 
 In old English Law. The channel of 
 
 a watercourse. Bracton, fol. 233; Fleta, lib, 
 4, c. 27, § 10. Both these writers adopt 
 the definition of the Digests (supra) word 
 for word. 
 
 RIX DOLLAR. The name of a coin. The 
 rix dollar of Bremen is deemed, as money 
 of account at the custom house, to be of the 
 value of seventy-eight and three-quarters 
 cents. Act March 3, 1843. The rix dollar 
 is computed at one hundred cents. Act 
 March 2, 1799, §61. 
 
 RIXA,(Lat.) In civil law. A dispute; a 
 quarrel. Dig. 48. 8. 17. 
 
 RIXATRIX (Lat.) A common scold. 
 
 R'NA. A contraction of regina, (queen). 1 
 Inst. CI. 12. 
 
 R'N'S. A contraction of reepondee (an- 
 swer). Y, B. H. 3 Hen. VI. 82. 
 
 ROAD. A, passage through the country 
 for the use of the people. S Yeates (Pa.) 
 421. A way of tr'avel whether it be a pri- 
 vate way or a public thoroughfare; com- 
 monly wsed as denoting a way for public 
 travel in the country, as distinguished from 
 the streets in a village or city. 167 Mich. 
 673. See "Way." 
 
 In Maritime Law. An open passage of 
 the sea, which, from the situation of the 
 adjacent land and its own depth and wide- 
 ness, affords a secure place for the com- 
 mon riding and anchoring of vessels. Hale 
 de Port. Mar. pt. 2, c. 2. This word, how- 
 ever, does not appear to have a very defi- 
 nite meaning. 2 Chit. Com. Law, 4, 6. 
 
 ROADSTED. In maritime law. A known 
 general station for ships {statio tutissima 
 nautis), notoriously used as such, and dis- 
 tinguished by the name, and not any spot 
 where an anchor will find bottom and fix 
 itself. Sir Wm. Scott, 1 Rob. Adm. 232. 
 
 ROBARIA (Law Lat. from roba, a robe 
 or garment). In old English law. Rob- 
 bery. In its original sense, the violent 
 taking of one's robe (roba) or garment. 
 Spelman. Bracton writes the word roberia 
 (g. V.) ; Fleta, robberia. 
 
 ROBATOR (Law Lat. from roba, a 
 robe). In old English law. A robber. 
 Bobatores, robbers. Hove. Part. Post, in 
 Rich. I. A. D. 1198. Sturdy thieves, who, 
 falling upon the persons of men, plunder 
 them of their goods {latrones validi, qui in 
 personas hominum insilienteif, bona sua 
 diripiunt) . Spelman. So called, originally, 
 because they spoiled travellers of their 
 robes or garments. Id. Bracton writes the 
 word robbator. 
 
 ROBBER. One who commits a robbery; 
 one who feloniously and forcibly takes 
 goods or money to any value from the per- 
 son of another by violence or putting him 
 in fear. 
 
 ROBBERY. The felonious taking and car- 
 rying away of the personal property of an- 
 other from his person or in his presence by 
 violence or by putting him in fear. 2 
 Clark & Marshall, Crimes, 852. 
 
 Robbery includes "larceny" {q. v.), and 
 all the elements that are necessary to con- 
 stitute larceny are also necessary. The ag- 
 gravating circumstances necessary to con- 
 stitute robbery, as distinguished from 
 simple larceny, are: (1) The property 
 must be taken from the person of another 
 (1 Hale, P. C. 532; 39 Ga. 588) ; but prop- 
 erty taken in the presence of the owner is, 
 in contemplation of law, taken from his 
 person (1 Hale, P. C. 532; 72 Iowa, 432; 
 84 Ga. 660). (2) The taking must not 
 only be without his consent, but it must 
 be accomplished either by violence or by 
 putting him in fear. 25 Ind. 403; 106 Ga. 
 692; 87 Va. 257; 12 Ga. 820. See "Put- 
 ting in Fear." 
 
ROBBOUR 
 
 901 
 
 ROMAN LAW 
 
 ROBBOUR, or ROBOUR (Law Fr. from 
 rdbber, to Toh). A robber. De robbourset 
 de larmins, of robbers and of thieves. Britt. 
 c. 15; Y. B. M. 3 Edw. II. 55. 
 
 ROBERDSMEN, or ROBERSMEN. In old 
 
 English law. Persons who, in the reign of 
 Richard I., committed great outrages on the 
 borders of England and Scotland. Said to 
 have been the followers of Robert Hood, or 
 Eobin Hood. 4 Bl. Comm. 245; 3 Inst. 187. 
 
 ROBERIA (Law Lat.) In old English law. 
 Eobbery. In robberia, in robbery; in the 
 manner of a robber; as a robber. Bracton, 
 fol. 146. 
 
 ROD. A measure sixteen and a halt feet 
 long; a perch. 
 
 ROGARE (Lat.) In Roman law. To ask 
 or solicit. Rogare legem, to ask for the 
 adoption of a law; to propose it for adop- 
 tion. Derivatively, to vote for a law so pro- 
 posed. 
 
 Laws were passed in assemblies of the 
 people, the consul asking, "Velitis jubeatis 
 quirites?" "Do you so order, citizens?" 
 and those in favor of the law answering, 
 "Uti rogas volo vel jubeo," "As you ask 
 I will or order." When the vote was by 
 ballot, an affirmative vote was marked "U. 
 R." {uti rogas). 
 
 ROGATIO (Lat.) In Roman law. An ask- 
 ing for a law; a proposal of a law for 
 adoption or passage. Derivatively, a law 
 passed by such a form. 
 
 ROGATIO TESTIUM. This in making a 
 nuncupative will, is where the testator 
 formally calls upon the persons present to 
 bear witness that he has declared his will. 
 Williams, Ex'rs, 116; Browne, Prob. Prac. 
 69. 
 
 ROGATIONES, QUESTIONES, ET POSI- 
 tiones debent esse simplices. Demands, 
 questions, and claims ought to be simple. 
 Hob. 143. 
 
 ROGATOR(Lat. from rogare, q. v.). In 
 the Roman law. The proposer of a law, 
 Tayl. Civ.- Law, 195. 
 
 ROGATORY, LETTERS. See "Letters Rog- 
 atory." 
 
 ROGO (Lat.) In the Roman law. I ask. 
 A common word in wills. Dig. 30. 108. 13. 
 14; Id. 31., 77. 25. 
 
 ROGUE. A French word, which in that 
 language signifies proud, arrogant. In 
 some of the ancient English statutes, it 
 means an idle, sturdy beggar, which is its 
 meaning in law. Rogues are usually pun- 
 ished as vagrants. Although the word 
 "rogue" is a word of reproach, yet to charge 
 one as a rogue is not actionable. 5 Bin. 
 (Pa.) 219. See 2 Dev. (N. C.) 162; Hardin 
 (Ky.) 529. 
 
 ROIAUME (Law Fr.) Realm} kingdom. 
 Conf. Cartar. 25 Edw. L 
 
 ROIGN. (L. Ft.) Queen. 1 And. 44. 
 
 ROLE D'EQUIPAGE. The list of a ship's 
 crew; the muster roll. 
 
 ROLL. A schedule of parchment which 
 may be turned up with the hand in the form 
 of a pipe or tube. Jacob. 
 
 In early times, before paper came in com- 
 mon use, parchment was the substance em- 
 ployed for making records, and, as the art 
 of bookbinding was but little used, economy 
 suggested, as the most convenient mode, 
 the adding of sheet to sheet, as was found 
 requisite, and they were tacked together in 
 such a manner that the whole length might 
 be wound up together in the form of spiral 
 rolls. 
 
 The records of a court or office. 
 
 ROLLS, MASTER OF THE. See "Master 
 of the Rolls." 
 
 ROLLS OF PARLIAMENT. A series of 
 rolls commencing in the reign of Edward 
 I., and forming, according to Mr. Hubback, 
 by far the most important branch of the 
 public records of the kingdom, from their 
 antiquity, and the multiplicity of subjects 
 which, in the earlier periods of English his- 
 tory, came before the parliament. Some 
 of these rolls are kept in the Chapter House 
 at Westminster, others in the Tower, and 
 the rest in the Chapel of the Rolls. Hub- 
 back, Ev. Success. 600-613. 
 
 ROLLS OF THE TEMPLE. In English 
 law. In each of the two temples is a roll 
 called the "calf's head roll," wherein every 
 bencher, barrister, and student is taxed 
 yearly; also meals to the cook and other of- 
 ficers of the houses, in consideration of a 
 dinner of calf's head, provided in Easter 
 term. Orig. Jur. 199. 
 
 ROLLS OFFICE OF THE CHANCERY. 
 An office in Chancery Lane, London, which 
 contains rolls and records of the high court 
 of chancery, of which the master of the 
 rolls is keeper. It was formerly called do- 
 mus conversorum, having been appointed by 
 Henry III. for the use of converted Jews, 
 but for irregularities they were expelled by 
 Edward II., when it was put to its present 
 use. Blount, Enc. Lond. 
 
 ROMAN LAW. In a general sense, this 
 comprehends all the laws which prevailed 
 among the Romans, without regard to the 
 time of their origin, including the collec- 
 tions of Justinian (now generally denomi- 
 nated the "civil law"). 1 Mackeld. Civ. 
 Law, 9, § 18. 
 
 In a more restricted sense, the Germans 
 understand by this term merely the law of 
 Justinian, as adopted by them. Id. note. 
 In England and the United States, however, 
 there seems a propriety in limiting its ap- 
 plication to all the laws of the times ante- 
 
ROMESCOT 
 
 902 
 
 ROYAL ASSENT 
 
 rior to Justinian, distinguishing the collec- 
 tions of that emperor by the term "civil 
 law." Butler, Hor. Jur. 30. It is clear that 
 a large portion of the Roman law was ex- 
 cluded from the Corpus Juris Civilis. 
 
 ROMESCOT (from iZowe, and Saxon, sce- 
 at, tribute). In old English law. An an- 
 nual tribute of one penny from every family, 
 paid to Rome at the feast of St. Peter. 
 Otherwise called "Romepenny," "Peter- 
 pence," and "Rome fee" (Rome feah) . Spel- 
 man; Cowell. 
 
 ROMNEY MARSH. A tract of land in the 
 county of Kent, England, containing twen- 
 ty-four thousand acres, governed by cer- 
 tain ancient and equitable laws of sewers, 
 composed by Henry de Bathe, a venerable 
 judge in the reign of King Henry III.; 
 from which laws all commissioners of sew- 
 ers in England may receive light and di- 
 rection. 3 Steph. Comm. 442, note (a) ; 3 
 Bl. Comm. 73, note (t) ; 4 Inst. 276. 
 
 ROOD OF LAND. The fourth part of an 
 acre. 
 
 ROOT. In a figurative sense, the term 
 "root" is used to signify the person from 
 whom one or more others are descended. 
 
 ROOT OF DESCENT. The same as "stock 
 of descent." 
 
 ROOT OF TITLE. The document with 
 which an abstract of title properly com- 
 mences is called the "root" of the title. 
 
 ROSTER. A list of persons who are in 
 their turn to perform certain duties re- 
 quired of them by law. Tytler, Mil. Law, 
 93. 
 
 ROTA (Lat.) A court; a celebrated court 
 of appeals at Rome, of which one judge 
 must be a German, one a Frenchman, two 
 Spaniards, and eight Italians. Enc. Brit. 
 Its decisions had great weight, but were 
 not law, although judged by the law. Sac- 
 ciae Trac. de Com. et Comb. § 1, quaest. 7, 
 pars. 2, ampl. 8, num. 219, 220, 253, 254. 
 There was also a celebrated rota, or court 
 at Genoa about the sixteenth century or 
 before, whose decisions in maritime mat- 
 ters form the first part of Straccha de 
 Merc. 
 
 ROTHER BEASTS. In old English law. 
 Horned cattle. Cowell. 
 
 ROTTEN BOROUGHS. Small boroughs in 
 England, which, prior to the reform act, 
 1832, returned one or more members to 
 parliament. 
 
 ROTULUS WINTONIAE. The roll of Win- 
 ton. An exact survey of all England, made 
 by Alfred, not unlike that of Domesday; 
 and it was so called because it was kept 
 at Winchester, among other records of the 
 kingdom; but this roll time has destroyed. 
 Ingulph. Hist. 516. 
 
 ROTURE (Ft.) In old French and Cana- 
 dian law. A free tenure without the priv- 
 ilege of nobility; the tenure of a free com- 
 moner. See Dunkin's Address, 6. 
 
 ROTURIER. In old French law. One not 
 noble. Diet, de I'Acad. Franc. A free com- 
 moner; one who did not hold his land by 
 homage and fealty, yet owned certain serv- 
 ices. Howard, Diet, de Normande. 
 
 ROUBLE. The name of a coin. The rou- 
 ble of Russia, as money of account, was 
 formerly deemed and taken at the custom 
 house to be of the value of seventy-five 
 cents. Act March 3, 1843. 
 
 ROUND ROBIN. A circle divided from 
 the center, like Arthur's round table, whence 
 its supposed origin. In each compartment is 
 a signature, so that the entire circle, when 
 filled, exhibits a list, without priority being 
 given to any name. A common forni of 
 round robin is simply to write the names 
 in a circular form. Wharton. 
 
 ROUP. In Scotch law. Sale by auction; 
 auction. Index to Burton, Law Scot,; Bell, 
 Diet. "Auction." 
 
 ROUT. In criminal law. A disturbance of 
 the peace by persons assembled together 
 with an intention to do a thing which, if 
 executed, would have made them rioters, 
 and actually making a motion towards the 
 execution of their purpose. 
 
 It generally agrees in all particulars with 
 a riot, except only in this, that it may be a 
 complete offense without the execution of 
 the intended enterprise. Hawk. P. C. c. 65, 
 § 14; 1 Russ. Crimes, 253; 4 Bl. Comm. 140; 
 Viner, Abr. "Riots, etc." (A 2); Comyn, 
 Dig. "Forcible Entry" (D 9). 
 
 ROUTOUSLY. In pleading. A technical 
 word, properly used in indictments for a 
 rout as descriptive of the offense. 2 Salk. 
 693. 
 
 ROY EST L'ORIGINAL DE TOUTS FRAN- 
 
 chises. The king Is the origin of all fran- 
 chises. Kielw. 138. 
 
 ROY N'EST LIE PER ASCUN STATUTE, 
 si il ne soit expressement nosme. The king 
 is not bound by any statute, if he is not 
 expressly named. Jenk. Cent. Cas. 307; 
 Broom, Leg. Max. (3d London Ed.) 69. 
 
 ROY POET DISPENSER OVE MALUM 
 prohibitum, mais non malum per se. The 
 king can grant a dispensation for a malum 
 prohibitum, but not for a malum per se. 
 Jenk. Cent. Cas. 307. 
 
 ROYAL ASSENT. The royal assent is the 
 last form through- which a bill goes previ- 
 ously to becoming an act of parliament. It 
 is, in the words of Lord Hale, "the com- 
 plement and perfection of a law." The royal 
 assent is given either by the sovereign in 
 person or by royal commission by the sov- 
 ereign himself, signed with his own hand. 
 
ROYAL FISH 
 
 903 
 
 RULES 
 
 It is rarely given in person, except when at 
 the end of the session the sovereign attends 
 to prorogue parliament, if he should do so. 
 
 ROYAL FISH. Whales and sturgeons, — 
 to which some add porpoises,— which, when 
 cast on shore or caught near shore, belong 
 to the king of England by his prerogative. 
 1 Edw. L; 17 Edw. V. c. 1; 1 Eliz. c. 5; 17 
 Edw. II. c. 11; Bracton, lib. 3, c. 3; Brit- 
 ton, c. 17; Fleta, lib. 1, c. 45, 46. 
 
 ROYAL HONORS. In diplomatic language, 
 by this term is understood the rights en- 
 joyed by every empire or kingdom in Eu- 
 rope, by the pope, the grand duchies of Ger- 
 many, and the Germanic and Swiss confed- 
 erations, to precedence over all others who 
 do not enjoy the same rank, with the ex- 
 clusive right of sending to other states pub- 
 lic ministers of the first rank, as ambas- 
 sadors, together with other distinctive titles 
 and ceremonies. Vattel, bk. 2, c. 3, § 38; 
 Wheaton, Int. Law, pt. 2, c. 3, § 2. 
 
 ROYAL MINES. Mines of silver and gold 
 belong to the king of England, as part of 
 his prerogative of coinage, to furnish him 
 with material. 1 Bl. Comm. 294*. 
 
 ROYAL PREROGATIVE. An arbitrary 
 power vested in the executive which is dis- 
 cretionary and uncontrolled. 161 Mich. 691. 
 
 ROYALTY. A payment reserved by the 
 grantor of a patent, lease of a mine or 
 similar right, and payable proportionately 
 to the use made of the right by the gran- 
 tee. 1 Exch. Div. 310. 
 
 A payment reserved by the patentee of an 
 article on giving a license, or by the au- 
 thor of a book in contracting for its publi- 
 cation or sale, proportionate to the sales 
 under such license or contract. 
 
 In Old English Law. Royal preroga- 
 tives. 
 
 RUBRIC (from Lat. ruber, red). In 
 Scotch law. The title of a statute. So 
 termed because anciently it was written in 
 red letters. Bell, Diet. 
 
 RUBRIC OF A STATUTE. Its title, which 
 was anciently printed in red letters. It 
 serves to show the object of the legisla- 
 ture, and thence affords the means of in- 
 terpreting the body of the act; hence the 
 phrase, of an argument, "a rubra ad ni- 
 grum" (q, V.) Wharton. 
 
 RULE ABSOLUTE. One absolutely re- 
 quiring an act to be done, as distinguished 
 from a rule nisi (q. v.) 
 
 RULE IN SHELLEY'S CASE. See "Shel- 
 ley's Case, Rule In." 
 
 RULE IN WILD'S CASE. See "Wild's 
 Case, Rule In." 
 
 RULE NISI. In practice. A rule obtained 
 on motion ex parte to show cause against 
 the particular relief sought. Notice is 
 
 served on the party against whom the rule 
 is obtained, and the case is then heard like 
 other motions, except that the party show- 
 ing cause is entitled to open and reply. 
 The rule is made absolute unless (nisi) 
 good cause is shown against it. Graham, 
 Prac. p. 688; 3 Steph. Comm, p. 680. 
 
 RULE OF COURSE. See "Of Course." 
 
 RULE OF PROPERTY. A rule of law af- 
 fecting the ownership or transfer of prop- 
 erty. The term is ordinarily used in con- 
 nection with rules established by judicial 
 decision, it being a general principle of 
 law that decisions which have become rules 
 of property, i. e., under which property 
 rights have been acquired, will not be over- 
 ruled, though erroneous. 30 Miss. 256; 4 
 N. Y. 261. See "Stare Decisis." 
 
 RULE OF THE WAR OF 1756. In Inter- 
 national law. A rule relating to neutrals 
 was the first time practically established in 
 1756, and universally promulgated, that 
 "neutrals are not to carry on, in times of 
 war, a trade which was interdicted to them 
 in times of peace." Chit. Law Nat. 166; 2 
 C. Rob. Adm. 186; 4 C. Rob. Adm. Ap- 
 pend.; Reeve, Shipp. 271; 1 Kent, Comm. 
 82. 
 
 RULE OF TRIENNIAL COHABITATION. 
 An old rule of the canon law which pre- 
 vailed in the ecclesiastical courts of Eng- 
 land and which required the parties to 
 live together for three years, and, if at the 
 end of that time, the marriage remained 
 unconsummated, impotence was to be pre- 
 sumed. But this is seldom applied since the 
 law of evidence has been altered, permi1>- 
 ting the parties to take the stand as vnir 
 nesses in their own cause. It has been late- 
 ly modified by the English courts and does 
 not apply when the court is satisfied by 
 other evidence. This rule only applies when 
 the impotence is left to be presumed from 
 continued non-consummation; for when the 
 impotence is clearly proved aliunde, the 
 court has never resorted to it. 162 111. 372. 
 
 RULE TO PLEAD. A rule Issuing as of 
 course to plaintiff under the common-law 
 practice requiring defendant to plead to the 
 declaration within a time specified. 
 
 RULE TO SHOW CAUSE. An order made 
 by the court, in a particular case, upon mo- 
 tion of one of the parties calling upon the 
 other to appear at a particular time before 
 the court, to show cause, if any he have, 
 why a certain thing should not be done. 
 
 "This rule is granted generally upon the 
 oath or affirmation of the applicant; but 
 upon the hearing, the evidence of compe- 
 tent witnesses must be given to support the 
 rule, and the affidavit of the applicant is 
 insufficient. 
 
 RULES. Certain limits without the actual 
 walls of the prison, where the prisoner, on 
 proper security previously given to the 
 
RULES OF COURT 
 
 904 
 
 RUSTIC! 
 
 proper authority, may reside. These limits 
 are considered, for all legal and practical 
 purposes, as merely a further extension of 
 the prison walls. 
 
 A general principle of law, recognized 
 as such by authorities, and stated usually 
 in the form of a maxim. It is called a rule 
 because in doubtful and unforeseen cases it 
 is a rule for their decision; it embraces 
 particular cases within general principles. 
 Toullier, Dr. Civ. tit. prel. note 17; 1 Bl. 
 Comm. 44 ; Domat, liv. prel. tit. 1, § 1 ; Ram, 
 Judgm. 30; 3 Barn. & Adol. 34; 2 Russ. 
 216, 580, 581; 4 Russ. 305; 10 Price, 218, 
 219, 228; 1 Barn. & C. 86; 7 Bing. 280; 1 
 Ld. Raym. 728; 5 Term E. 5; 4 Maule & 
 S. 348. 
 
 An ordinance made by a court having 
 competent jurisdiction. 
 
 Rules of court are either general or spe- 
 cial. The former are the laws by which 
 the practice of the court is governed; the 
 latter are special orders made in particular 
 cases. 22 111. 173. 
 
 See "Rule Nisi." 
 
 RULES OF COURT. See "Rules." 
 
 RULES OF THE KING'S BENCH 
 prison. In Knglish practice. Certain limits 
 beyond the walls of the prison, within which 
 all prisoners in custody in civil actions were 
 allowed to live, upon giving security by 
 bond with two sufficient sureties, to the mar- 
 shal, not to escape, and paying him a cer- 
 tain percentage on the amount of the debts 
 for which they were detained. Bagley, Pr.; 
 Holthouse. 
 
 RULES OF THE ROAD. See "Law of the 
 Road." 
 
 RUMPERE (Lat.) In the civil law. To 
 break; to revoke. Rumpitur testamentum 
 cum, in eodem statu manente testatore, ip- 
 sius testamenti jus vitiatur, a testament is 
 broken when, the testator remaining in the 
 same state, the legal force of the testament 
 itself is destroyed. Inst. 2. 17. 1. A testa- 
 ment was thus broken {ruptum) by the 
 subsequent adoption of a child, or by the 
 making of a subsequent testament. Id. 2. 
 17. 1. 2. 3. See Dig. 28. 3. 
 
 RUNCINUS (Lat.) A nag. 1 Thomas Co. 
 
 Litt. 471. 
 
 RUNNING ACCOUNT. An open, unsettled 
 account, as distinguished from a stated and 
 liquidated account. "Running accounts 
 mean mutual accounts and reciprocal de- 
 mands between the parties, which accounts 
 and demands remain open and unsettled." 
 Blackford, J., 1 Ind. (Carter) 335. 
 
 RUNNING DAYS. Days counted in suc- 
 cession, without any allowance for holidays. 
 The term is used in settling lay days or 
 days of demurrage. 
 
 RUNNING LANDS. In Scotch law. Lands 
 where the ridges of a field belong alternate- 
 ly to different proprietors. Bell, Diet. 
 
 RUNNING OF THE STATUTE OF LIM- 
 itations. A metaphorical expression, by 
 which is meant that the time mentioned in 
 the statute of limitations is considered as 
 passing. 1 Bouv. Inst, note 861. 
 
 RUNNING WITH THE LAND. A tech- 
 nical expression applied to covenants real 
 which affect the land. 
 
 A covenant is said to run with the land 
 when either the liability to perform it or 
 the right to take advantage of it passes to 
 the assignee of the land. 4 111. App. 436. 
 See "Covenants Running with the Land." 
 
 RUNNING WITH THE REVERSION. A 
 
 covenant is said to "run with the rever- 
 sion" when either the liability to perform it 
 or the right to take advantage of it passes 
 to the assignee of that reversion. 
 
 RUN OF THE MINE. (Sometimes abbre- 
 viated R. 0. M.) Coal just as it is mined, 
 hauled out of the mine and dumped into 
 the cars. 
 
 RUNRIG LANDS. Lands in Scotland 
 where the ridges of a field belong alter- 
 natively to different proprietors. Anciently 
 this kind of possession was advantageous in 
 giving a united interest to tenants to resist 
 inroads. By the act of 1695, c. 26, a di- 
 vision of these lands was authorized, with 
 the exception of lands belonging to cor- 
 porations. Wharton. 
 
 RUPTA (Law Lat.) In old records. A 
 band or troop. Cowell; Spelman. 
 Buptarii, soldiers; troopers. Id. 
 
 RUPTUM (Lat. from rumpere, q. v.) In 
 the civil law. Broken. A term applied to 
 a will; ruptum testam,entum. Inst. 2. 17. 3; 
 Dig. 28. 3. 
 
 RURAL. That which relates to the coun- 
 try, as rural servitudes. See "Urban." 
 
 RURAL SERVITUDE (Lat. servius prae- 
 dii rustici). In the civil law. A servitude 
 annexed to a rural estate (praedium rustv- 
 cum). 1 Mackeld. Civ. Law, 338, § 309. 
 
 RUSE DE GUERRE (Pr.) Literally, a 
 trick of war; a strategem. It is said to be 
 lawful .among belligerents, provided it does 
 not involve treachery and falsehood. Gro- 
 tius, Dr. de la Guerre, liv. 3, c. 1, § 9. 
 
 RUSTICI (Lat. from rus, country). 
 
 In Feudal Law. Natives of a con- 
 quered country. Feud. lib. 2, tit. 27, §§ 9-11; 
 2 Bl. Comm. 413. 
 
 In Old English Law. Inferior country 
 
 tenants, churls, or chorls (Saxon, eeorles). 
 
EUSTICUM JUDICIUM 
 
 905 
 
 RYBAUD 
 
 who held cottages and lands by the services 
 of plowing, and other labors of agricul- 
 ture, for the lord. Par. Ant. 136; Cowell. 
 
 RUSTICUM JUDICIUM (Law Lat.) In 
 maritime law. A rough or rude judgment 
 or decision. 3 Kent, Comm. 231; Story, 
 Bailm. § 608a. 
 
 RUTA ET CAESA (Lat.) In the civil law. 
 Things dug, as sand and lime, and things 
 
 cut, as wood, coal, etc. Dig. 19. 1. 17. 6. 
 Words used in conveyancing. 
 
 RUTARII, or RUTTARII (Law Lat.) In 
 old records. Stipendiary forces; mercenary 
 soldiers. Cowell. This word occurs in the 
 articles of King John's Magna Charta, 
 (chapter 4), but is omitted in the charter 
 itself. 
 
 RYBAUD (Law Fr.) In old English law. 
 A ruffian; a vagabond. Brownl. pt. 2. 
 340. 
 
906 
 
 SACRA 
 
 S. A common abbreviation of scilicet 
 in the old books. 
 
 S. C. An abbreviation for "same case," in- 
 dicating, when inserted between two cita- 
 tions of cases, that the case is reported in 
 both places. 
 
 S. F. S. In the civil law, an abbreviation 
 of sine fraude sua, without fraud on his 
 part. 
 
 S. P. An abbreviation of sine prole, with- 
 out issue. 
 
 An abbreviation of "same point," or 
 "same principle," indicating, when inserted 
 between two citations of cases, that the 
 second one involves the same doctrine as 
 the first. 
 
 SS. An abbreviation used in that part of 
 a- record, pleading, or affidavit, called the 
 statement of the venue, or county in which 
 it is made, as "City and County of New 
 York, SS." Commonly translated or read, 
 "to wit," and supposed to be a contraction 
 of scilicet. 
 
 It has been otherwise explained to be a 
 mark used to denote a separate section or 
 paragraph. 1 Chit. PI. (6th Am. Ed.) 305, 
 note (t). 
 
 SA ET LA (Law Fr.) Here and there. 
 Kelham. 
 
 SABBATH. Commonly used for "Sunday." 
 Though such use is incorrect, it is sanc- 
 tioned by usage. See 64 N. C. 591. 
 
 SABBATH BREAKING. Violation of pe- 
 nal laws regulating the observance of the 
 Sabbath. 
 
 SABBATUM. The Sabbath; also peace. 
 Domesday Book. 
 
 SABINIANS. A sect of lawyers whose first 
 chief was Atteius Capito, and the second 
 Caelius Sabinus, from whom they derived 
 their name. Clef des Lois Rom. 
 
 SABLE. The heraldic term for black. It 
 is called "Saturn" by those who blazon by 
 planets, and "diamond" by those who use 
 the names of jewels. Engravers commonly 
 represent it by numerous perpendicular and 
 horizontal lines, crossing each other. Whar- 
 ton. 
 
 SABULONARIUM (Law Lat. from sabu- 
 lo). In old records. A gravel pit, or the 
 free use of it. Cowell. 
 
 SAC, or SAK (Law Lat. saca, sacha; 
 from Saxon, sac, a cause, sake). In old 
 English and Scotch law. The cognizance 
 which a lord had in his court of causes 
 and suits arising among his vassals or 
 
 tenants. The privilege which a lord had, 
 within his manor, of holding pleas of tres- 
 passes and other controversies arising 
 there, and of imposing levying, and col- 
 lecting of his tenants, fines, and amerce- 
 ments in regard of the same. Spelman; 
 Bracton, fol. 154b. A privilege touching 
 plea, or correction of trespasses of men 
 within a manor. Minshew, cited in Cowell; 
 Rastal, Expos, 
 A forfeiture. Id. 
 
 SACABURTH, or SACABERE (from sac, 
 cause, and hurth, pledge. He that is 
 robbed and puts in surety to prosecute the 
 felon with fresh suit. Britton, c. 15, 29; 
 Bracton, lib. 3, c. 32; Cowell. 
 
 SACCABOR, SACABURTH, or SACABE- 
 
 re. In old English law. He that is robbed 
 and puts , in surety to prosecute the felon 
 with fresh suit. 
 
 SACCULAR 1 1 (Lat. from sacms, a bag 
 or purse). In the civil law. Persons who 
 cheated in wares or money, by means of 
 sacks or bags which they carried with 
 them (vetitas in saccule artes exercentes). 
 Dig. 47. 11. 7 and glossary in margin. 
 Blackstone, referring to this passage, 
 translates the word "cutpurses." 4 Bl. 
 Comm. 242. But this is hardly warranted 
 by the text. 
 
 SACCUS (Law Lat.) In old English law. 
 A sack; a quantity of wool weighing thirty 
 or twenty-eight stone. Eleta, lib. 2, c. 79, 
 § 10. According to Cowell, twenty-six stone. 
 Two ways made a sack, and twelve sacks 
 a last. Pleta, lib. 2, c. 12, § 2. 
 
 A sack or pack; a pack saddle. Fleta, 
 lib. 2, c. 21. 
 
 In a MS. compotus or household book of 
 Bolton Priory, in the possession of the 
 Duke of Devonshire, the ductor sacorum is 
 mentioned among the liberi servientes (free 
 servants) of the priory, and is translated 
 "sackman." 
 
 SACCUS CUM BROCHIA. In old English 
 law. A service or tenure of finding a sack 
 and a broach (pitcher) to the sovereign for 
 the use of the army. Bracton, lib. 2, c. 
 16. 
 
 SACQUIER. In maritime law. The name 
 of an ancient officer, whose business was 
 to load and unload vessels laden with salt, 
 corn, or fish, to prevent the ship's crew 
 defrauding tfte merchant by false tale, or 
 cheating him of his merchandise otherwise. 
 Laws of Oleron, art. 11, published in an 
 English translation in an appendix to 1 Pet. 
 Adm. XXV, See "Arrameur;" "Stevedore." 
 
 SACRA (Lat.) In the Roman law. The 
 right to participate in the sacred rites of 
 the city. Butler, Hor. Jur. 27. 
 
SACRAMENTALES 
 
 907 
 
 SAFE-CONDUCT 
 
 SACRAMENTALES (Law Lat. sacramen- 
 twm, oath). Compurgatores (q. v.) ; jurors. 
 Law Fr. & Lat. Diet. 
 
 SACRAMENTI ACTIO. In the Roman law. 
 General legis actio, to which resort might 
 be had failing a right to use any of the 
 four shorter forms of action. 
 
 SACRAMENTUM (Law Lat.) 
 
 In Civil Law. A gage in money laid 
 
 down in court by both parties that went 
 to law, returned to him who had the verdict 
 on his side, but forfeited by the party who 
 was cast, to the exchequer, to be laid out 
 in sacris rebus, and therefore so called. 
 Varro, lib. 4, de Ling. Lat. c. 36. 
 
 An oath, as a very sacred thing. Ains- 
 worth; Vicat. 
 
 The oath taken by soldiers to be true to 
 their general and country. Id. 
 
 In Old Common Law. An oath. Car- 
 
 pentier; Cowell; Jacob. 
 
 SACRAIVIENTUIVI DECISIONIS (Lat.) The 
 voluntary or decisive oath of the civil law, 
 where one of the parties to a suit, not be- 
 ing able to prove his case, offers to refer 
 the decision of the cause to the oath of his 
 adversary, who is bound to accept or make 
 the same offer on his part, or the whole is 
 considered as confessed by him. 3 Bl. 
 Comm. 342. 
 
 SACRAMENTUIVI FIDELITATIS. In old 
 English law. The oath of fealty. Reg. 
 Orig. 303. 
 
 SACRAMENTUIVI HABET IN SE TRES 
 comltes, veritatem, justitiam et judicium; 
 Veritas habenda est in jurato; justitia et jus- 
 ticium in judice. An oath has in it three 
 component parts, — truth, justice, and judg- 
 ment; truth in the party swearing; justice 
 and judgment in the judge administering 
 the oath. 3 Inst. 160. 
 
 SACRAMENTUM SI FATUUM FUERIT, 
 licet falsum, tamen non commlttit perjurl- 
 um. A foolish oath, though false, makes not 
 perjury. 2 Inst. 167. 
 
 SACRILEGE (from Lat. sacrilegium, 
 from sacra, sacred things, or sacrum, 
 sacred, and leg ere, to steal). 
 
 In English Criminal Law. Larceny 
 
 from a church. 4 Steph. Comm. 164. The 
 crime of breaking a church or chapel, and 
 stealing therein. 1 Russ. Crimes, 843. See 
 "Sacrilegium." This does not seem to be 
 recognized as a distinct crime, in Ameri- 
 can jurisprudence. 
 
 In Old English Law. Profanation of 
 
 holy things ; the alienation to laymen or to 
 profane or common purposes of what was 
 given to religious persons, and to pious 
 uses. Cowell. 
 
 SACRILEGIUM (Lat. from sacrum, 
 sacred, and leg ere, to steal). In the civil 
 law. The stealing of sacred things, _ or 
 things dedicated to sacred uses; the taking 
 
 of things out of a holy place. Calv. Lex.; 
 Brissonius. 
 
 The violation of an imperial rescript or 
 constitution. Sacrilegii instar est rescripto 
 principis obviari, it amounts to sacrilege 
 to oppose or hinder the execution of the 
 prince's rescript. Code, 1. 23. 5; 1 Bl. 
 Comm. 74. The text of the Code here re- 
 ferred to, reads, Sacrilegii instar est — 
 divinis obviare benefidis, 
 
 SACRILEGUS (Lat.) In the civil and 
 common law. A sacrilegious person; one 
 guilty of sacrilege; he who takes away 
 anything that is given for the divine and 
 true service of God. 
 
 SACRILEGUS OMNIUM PRAEDORUM 
 cupiditatem et scelerem superat. A sacri- 
 legious person transcends the cupidity and 
 wickedness of all other robbers. 4 Coke, 
 106. 
 
 SACRISTAN. A sexton, anciently called 
 sagerson, or sagiston; the keeper of things 
 belonging to divine worship. 
 
 SADBERGE. A denomination of part of 
 the county palatine of Durham. Camd. 
 Brit. 
 
 SAEMEND. An umpire, or arbitrator. 
 Anc. Inst. Eng. 
 
 SAEPE CONSTITUTUM EST, RES IN- 
 ter alios judicatas aliis non praejudicare. 
 It has often been settled that matters ad- 
 judged between others ought not to preju- 
 dice those who were not parties. Dig. 42. 
 1. 63. 
 
 SAEPE VIATOREM NOVA NON VETUS 
 
 orbita fallit. Often it is the new track, not 
 the old one, which deceives the traveller. 
 4 Inst. 34. 
 
 SAEPENUMERO UBI PROPRIETAS 
 verborum attenditur, sensus veritatis amit- 
 titur. Frequently, where the propriety of 
 words is attended to, the meaning of truth 
 is lost. 7 Coke, 27. 
 
 SAEVITIA (Lat.) Cruelty of one spouse 
 to the other. To constitute saevitia there 
 must be such a degree of cruelty as to en- 
 danger the party's suffering bodily hurt. 1 
 Hagg. Consist. 35; 2 Mass. 150; 3 Mass. 
 321; 4 Mass. 587. 
 
 SAEVITIAM. (Lat.) Cruelty. 16 111. 90. 
 
 SAFE-CONDUCT. A passport or permis- 
 sion from a neutral state to persons who 
 are thus authorized to go and return in 
 safety, and, sometimes, to carry away cer- 
 tain things in safety. 
 
 According to common usage, the term 
 "passport" is employed on ordinary occa- 
 sions for the permission given to persons 
 when there is no reason why they should 
 not go where they please; and "safe-con- 
 duct" is the name given to the instrument 
 which authorizes certain persons, as ene- 
 
SAFEGUARD 
 
 908 
 
 SAISIE FORAINE 
 
 mies, to go Into places where they could 
 not go without danger unless thus author- 
 ized by the government. 
 
 The name of an instrument given to the 
 captain or master of a ship to proceed on a 
 particular voyage. It usually contains his 
 name and residence, the name, description, 
 and destination of the ship, with such other 
 matters as the practice of the place re- 
 quires. This document is indispensably nec- 
 essary for the safety of every neutral ship. 
 
 Act Cong. April 30, 1790, i 27, punishes 
 the violation of any safe-conduct or pass- 
 port granted under the authority of the 
 United States, on conviction, with impris- 
 onment, not exceeding three years, and a 
 fine at the discretion of the court. See 
 "Passport;" 18 Viner, Abr. 272. 
 
 SAFEGUARD. A protection of the king 
 to one who is a stranger, who fears vio- 
 lence from some of his subjects for seeking 
 his right by course of law. Reg. Orig. 26. 
 
 SAFE-PLEDGE. A surety given that a 
 man shall appear upon a certain day. Brac- 
 ton, lib. 4, c. 1. 
 
 SAGES DE LA LEY (Law Fr.) Sages of 
 the law; persons learned in the law. A 
 term applied to the chancellor and justices 
 of the king's bench. 
 
 SAGIBARO (Law Lat. from soc, or aagr, a 
 cause, and baro, a man). In old European 
 law. A judge or justice; literally, a man of 
 causes (vir causa/rum), or having charge 
 or supervision of eauses (causis et litibus 
 praepo situs) , Spelman. One who adminis- 
 tered justice and decided causes in the mal- 
 him, or public assembly. Id.; L. Salic, tit. 
 56, §§ 2-4; LL. Inae, c. 6. 
 
 SAID. Before mentioned. A word of ref- 
 erence to what has been already spoken of 
 or specified. 172 111. 465. 
 
 In contracts and pleadings it is usual and 
 proper, when it is desired to speak of a 
 person or thing before mentioned, to desig- 
 nate them by the term "said" or "afore- 
 said," or by some similar term; otherwise 
 the latter description will be ill for want 
 of certainty. 2 Lev. 207; Comyn, Dig. 
 "Pleader" (C 18) ; Gould, PI. c. 3, § 63. 
 
 If there is a question as to which of the 
 antecedent things or propositions specified 
 is referred to, it is generally, 172 111. 465, 
 but not necessarily, held to be the last. 10 
 Ind. 372.- 
 
 SAIGA (Law Lat.) In old European law. 
 A German coin of the value of a penny, or 
 of three pence. L. Alaman. tit. 6, se 2; L. 
 Boior. tit. 8, c. 2, § 3; Spelman. 
 
 SAIL. In Insurance law. To move, on 
 the prosecution of a voyage; to make a 
 movement for the purpose of proceeding to 
 sea. Cowen, J., 3 Hill (N. Y.) 126; Lord 
 Denman, C. J., 1 Cromp., M. & R. 809, 818. 
 The least locomotion, with readiness of 
 equipment and clearance satisfies a war- 
 ranty to sail. 8 Bam. & Adol. 614 
 
 SAILING INSTRUCTIONS. In maritime 
 law. Written or printed directions, deliv- 
 ered by the commanding officer of a convoy 
 to the several masters of the ships under 
 his care, by which they are enabled to un- 
 derstand and answer his signals, to know 
 the place of rendezvous appointed for the 
 fleet in case of dispersion by storm, by an 
 enemy, or by any other accident. 
 
 Without sailing instructions, no vessel 
 can have the full protection and benefit of 
 convoy. Marsh. Ins. 368. 
 
 SAILORS. Seamen; mariners. See "Sea- 
 man." 
 
 SAINT MARTIN LE GRAND, COURT 
 of. A writ of error formerly lay from the 
 sheriff's courts in the city of London to the 
 court of hustings, before the mayor, re- 
 corder, and sheriffs, and thence to justices 
 appointed by the royal commission, who 
 used to sit in the church of St. Martin le 
 Grand, and from the judgment of those 
 justices a writ of error lay immediately to 
 the house of lords. Fitzh. Nat. Brev. 
 
 SAINT SIMONISM. An elaborate form of 
 noncommunistic socialism. It is a scheme 
 which does not contemplate an equal, but 
 an unequal, division of the produce. It does 
 not propose that all should be occupied 
 alike, but differently, according to their 
 vocation or capacity; the function of each 
 being assigned, like grades in a regiment, 
 by the choice of the directing authority, 
 and the remuneration being by salary, pro- 
 portioned to the importance, in the eyes of 
 that authority, of the function itself, and 
 the merits of the person who fulfills it. 1 
 Mill, Pol. Econ. 258. 
 
 SAIO (Law Lat.) In Gothic law. The 
 ministerial officer of a court or magistrate, 
 who brought parties into court (gtti reos 
 protraxit in judicium) , and executed the or- 
 ders of his superior. Spelman thinks the 
 word may be derived from the Saxon sagol, 
 or saiol, a staff, giylng it the sense of the 
 modern "tipstaff." 
 
 SAIREMENT (Law Fr.) An oath. Kel- 
 ham. 
 
 SAISIE ARRET. In French law. An at- 
 tachment of property in the possession of 
 a third person. 
 
 SAISIE EXECUTION. In French law. A 
 writ of execution by which the creditor 
 places under the custody of the law the 
 movables of his debtor, which are liable to 
 seizure, in order that out of them he may 
 obtain payment of the debt due by him. 
 Code Prac. La. art. 641; Dalloz. K is » 
 writ very similar to the fieri facias of the 
 common law. 
 
 SAISIE FORAINE. In French law. A per- 
 mission given by the proper judicial officer 
 to authorize a creditor to seize the prop- 
 erty of his debtor in the district which he 
 
SAISIE GAGERIE 
 
 909 
 
 SALARY 
 
 Inhabits. Dalloz. It has the effect of an 
 attachment of property, which is applied to 
 the payment of the debt due. 
 
 SAISIE GAOERIE. In French law. A 
 conservatory act of execution, by which the 
 owner or principal lessor of a house or farm 
 causes the furniture of the house or farm 
 leased, and on which he has a lien, to be 
 seized, in order to obtain the rent due to 
 him. It is similar to the "distress" of the 
 common law. Dalloz. 
 
 SAISIE IMMOBILIERE. In French law. 
 A writ by which the creditor puts in the 
 custody of the law the immovables of his 
 debtor; that out of the proceeds of their 
 sale he may be paid his demand. 
 
 SAISINA (Law Lat.) An old form of 
 seidna, (q. v.) 
 
 SAKE. In old EJngliah law. A lord's right 
 of amercing his tenants in his court. Kielw. 
 145. 
 
 Acquittance of suit at county courts and 
 hundred courts. Fleta, lib. 1, c. 47, § 7., 
 
 SALADINE TENTH. A tax imposed in 
 England and France, in 1888, by Pope In- 
 nocent III., to raise a fund for the crusade 
 undertaken by Richard I., of England, and 
 Philip Augustus, of France, against Sala- 
 din, sultan of Egypt, then going to besiege 
 Jerusalem. By this tax, every person who 
 did not enter himself a crusader was 
 obliged to pay a tenth of his yearly reve- 
 nue, and of the value of all his movables, 
 except his wearing apparel, books, and 
 arms. The Carthusians, Bemardines, and 
 some other religious persons, were exempt. 
 
 SALARIUM (Lat. from sol, salt). 
 
 In the Civil Law. An allowance of 
 
 provisions. Calv. Lex. 
 
 A stipend, wages, or compensation for 
 service. Id.; Dig. 7. 1. 7. 2; Id. 44. 7. 61, 1. 
 
 An annual allowance or compensation. Id. 
 
 In Old European Law. The rents or 
 
 profits of a sato, hall or house, Cowell, 
 
 SALARY (from "salarium," sal, salt, 
 the medium of payment to the Roman sol- 
 diers). The periodical allowance or com- 
 pensation to a person for his official or 
 professional services or for his regular 
 work. 193 Mich. 476; 105 Cal. 212; 10 Ind. 
 85. 
 
 A reward or recompense for services 
 performed. 
 
 _ It is applied to the reward paid to a pub- 
 lic officer for the performance of his official 
 duties. 
 
 Salary is also applied to the reward paid 
 for the performance of other services; but 
 if it be not fixed for each year, it is called 
 "honorarium." Poth. ad Pand. According to 
 M. Duvergier, the distinction between "hon- 
 orarium" and "salary" is this: By the for- 
 mer is understood the reward given to the 
 most elevated professions for services per- 
 formed; and by the latter, the price of hir- 
 
 ing of domestic servants and worfemen. 19 
 TouUier, Dr. Civ. n. 268, p. 292, note. 
 
 There is this difference between "salary" 
 and "price," — the former is the reward paid 
 for services or for the hire of things; the 
 latter is the consideration paid for a thing 
 sold. Lee. Elm. §§ 907, 908. 
 
 "Salary" and "wages" have been held to 
 be synonymous (24 Fla. 29), but in other 
 cases, distinctions have been suggested, — 
 one, that salary is per annum compensa- 
 tion (42 Alb. Law J. 832), and another, 
 that the difference lies in the more or less 
 honorable character of the services for 
 \»hich they are paid. 99 Pa. St. 642. 
 
 SALE. An agreement hy which one of 
 two contracting parties, called the "seller," 
 gives a thing and passes the title to it, in 
 exchange for a certain price in current 
 money, to the other party, who is called the 
 "buyer" or "purchaser," who, on his part, 
 agrees to pay such price. Pardessus, Dr. 
 Com. note 6; Noy, Max. c. 42; Shep. Touch. 
 244; 2 Kent, Comm. 363; Poth. Vente, note 
 1. A transfer of the absolute or general 
 property in a thing for a price in money. 
 Benj. Sales, S 1. 
 
 This contract differs from a barter or ex- 
 change in this, that in the latter the price 
 or consideration, instead of being paid in 
 money, is paid in goods or merchandise 
 susceptible of a valuation. 3 Salk. 157; 12 
 N. H. 390; 10 Vt. 457. It differs from "ac- 
 cord and satisfaction," because in that con- 
 tract the thing is given for the purpose of 
 quieting a claim, and not for a price. An 
 onerous gift, when the burden it imposes 
 is the payment of a sum of money, is, when 
 accepted, in the nature of a sale. When 
 partition is made between two or more joint 
 owners of a chattel, it would seem the con- 
 tract is in the nature of a barter. See 11 
 Pick. (Mass.) 311, 
 
 (1) An absolute sale is one made and 
 completed without any condition whatever, 
 
 (2) A conditional' sale is one which de- 
 pends for its validity upon the fulfillment 
 of some condition. See 4 Wash. C. C. (U. 
 S.) 588; 10 Pick. (Mass.) 522; 18 Johns. 
 (N. Y.) 141; 8 Vt. 154; 2 Rawle (Pa.) 
 326; Coxe (N. J.) 292; 2 A- K. Marsh. 
 (Ky.) 430. 
 
 (3) A forced sale is one made without 
 the consent of the owner of the property, 
 by some officer appointed by law, as by a 
 marshal or a sheriff, in obedience to the 
 mandate of a competent tribunal. This sale 
 has the effect to transfer all the rights the 
 owner had in the property, but it does not, 
 like a voluntary sale of personal property, 
 g^uaranty a title to the thing sold; it merely 
 transfers the rights of the person as whose 
 property it has been seized. This kind of a 
 sale is sometimes called a "judicial sale." 
 
 (4) A private sale is one made volun- 
 tarily, and not by auction. 
 
 (5) A public sale is one made at auction 
 to the highest bidder. Auction sales some- 
 times are voluntary, as, when the owner 
 
 I chooses to sell his goods in this way, and 
 
SALE AND RETURN 
 
 910 
 
 SALVAGE 
 
 then as between the seller and the buyer 
 the usual rules relating to sales apply; or 
 they are involuntary or forced, when the 
 same rules do not apply. 
 
 (6) A voluntary sale is one made freely 
 without constraint by the owner of the 
 thing sold. This is the common case of 
 sales, and to this class the general rules of 
 the law of sale apply. 
 
 SALE AND RETURN. When goods are 
 sent from a manufacturer or wholesale 
 dealer to a retail trader, in the hope that 
 he may purchase them, with the understand- 
 ing that what he may choose to take he 
 shall have as on a contract of sale, and 
 what he does not take he will retain as a 
 consignee for the owner, the goods are said 
 to have been sent on "sale and return." 
 
 The goods taken by the receiver as on 
 sale will be considered as sold, and the title 
 to them is vested in the receiver of them. 
 The goods he does not buy are considered as 
 a deposit in the hands of the receiver of 
 them, and the title is in the person who 
 sent them. 1 Bell, Comm. {5th Ed.) 268. 
 
 SALE NOTE, A memorandum given by a 
 broker to a seller or buyer of goods, stat- 
 ing the fact that certain goods have been 
 sold by him on account of a perso;n called 
 the "seller" to another person called the 
 "buyer." Sale notes are also called "bought 
 and sold notes." See "Bought Note." 
 
 SALFORD HUNDRED COURT OF REC- 
 ord. An inferior and local court of record 
 having jurisdiction in personal actions, 
 where the debt or damage sought to be re- 
 covered does not exceed £50, if the cause 
 of action arise within the Hundred of Sal- 
 ford. St. 31 & 32 Vict. c. 130; 2 Exch. 346, 
 See "Hundred." 
 
 SALIQUE (or SALIC) LAW. The name 
 of a code of laws, so called from the Sa- 
 lians, a people of Germany who settled in 
 Gaul under their king Pharamond. 
 
 The most remarkable law of this code, 
 which is sometimes itself called the Salic 
 law, is that which regards succession. De 
 terra vera salica nulla portio haereditatis 
 transit in viulierem, sed hoc virilis sextus 
 aequirit; hoc est, filii in ipsa haereditate 
 succedunt, no part of the salique land 
 passes to females, but the males alone are 
 capable of taking; that is, the sons succeed 
 to the inheritance. This has ever excluded 
 females from the throne of France. 
 
 SALOON. The term does not necessarily 
 jmply a place for the sale of intoxicants. 36 
 Tex. 364. But see 105 Mass. 40. 
 
 SALT SILVER. One penny paid at the 
 feast day of St. Martin, by the tenants of 
 some manors, as a commutation for the 
 service of carrying their lord's salt from 
 market to his larder. Par. Ant., 496. 
 
 SALUS (Lat.) Health; prosperity; safe- 
 ty. 
 
 SALUS POPULI EST SUPREMA LEX. 
 
 The safety of the people is the supreme 
 object of the law. Bac. Max. oreg. 12; 
 Broom, Leg. Max. 1; 13 Coke, 139, 196 111. 
 503. 
 
 SALUS UBI MULTI CONSILIARtl. In 
 
 many cotmsellors there is safety. 4 Inst. 1. 
 
 SALUTE (Lat. salus). A gold coin 
 stamped by Henry V. in Prance, after his 
 conquests there, whereon the arms of Eng- 
 land and France were stamped quarterly. 
 Stow. Chron. 589; Cowell. 
 
 SALUTEM (Lat.) Health; greeting; 
 prosperity; salvation. An expression of 
 salutation used by the Romans in the com- 
 mencement of their letters or epistles, gen- 
 erally abbreviated. S. "C. Plinius Comelio 
 Tadto suo, S." Plin. Ep. i. 6 et passim. In 
 legal instruments, it was written at length, 
 TititLs Seio salutem. Dig. 17. 1. 60. Ille Uli 
 salutem. Id. 59. 
 
 A formal word in the commencement of 
 Roman deeds and charters, which, during 
 the later periods of the empire, were writ- 
 ten in an epistolary form. See "Epistola." 
 After Christianity had become established, 
 salutem seems to have been used in its re- 
 ligious sense of "salvation." 
 
 A formal word in the commencement of 
 old English deeds, probably derived from 
 the Roman practice above noticed. Omnibus 
 Christi fidelibus ad quos praesentes literae 
 indentatae pervenerint, A. de B. salutem in 
 Domino sempiternam; Sciatis me dedisse, 
 etc., to all Christian people to whom these 
 presents [present letters] indented shall 
 come, A. of B'. sends greeting [or salvation], 
 in our Lord everlasting. Litt. § 372. 
 
 A formal word invariably used in the ad- 
 dress of old English writs, which com- 
 menced in the epistolary form. Rex vice 
 comiti, etc., salutem., the king to the sheriff, 
 etc., greeting. Reg. Orig. & Jud. per tot. 
 Translated "greeting," and retained in mod- 
 em English and American writs. See 
 "Breve." Called by Finch the "salutation" 
 of the writ. Finch, Law, bk. 4, c. 1. 
 
 SALVA GARDIA (Law Lat.) Safeguard. 
 Reg. Orig. 26. See "Safeguard." 
 
 SALVAGE. In maritime law. A compen- 
 sation given by the maritime law for serv- 
 ice rendered in saving property or rescuing 
 it from impending peril on the sea or 
 wrecked on the coast of the sea, or, in the 
 United States, on a public navigable river 
 or lake, where interstate or foreign com- 
 merce is carried on. 1 Sumn'. (U. S.) 210, 
 416; 12 How. (U. S.) 466; 1 Blatchf, (U. 
 S.) 420; 5 McLean (U. S.) 359. 
 
 Occasionally used to designate the prop- 
 erty saved. 2 Phil. Ins. § 1488; 2 Pars. 
 Mar. Law, 595. 
 
 There are three things essential to the 
 right to salvage: 
 
 (1) The peril. In order to found a title 
 to salvage, the peril from which the prop- 
 
SALVAGE CHARGES 
 
 911 
 
 SANCTIO 
 
 erty was saved must be real, not specula- 
 tive merely (1 Cranch [U. S.] 1) ; but it 
 need not be such that escape from it by any 
 other means thkn by the aid of the salvors 
 was impossible. It is sufficient that the 
 peril was something extraordinary, — some- 
 thing differing in kind and degree from the 
 ordinary perils of navigation. 1 Curt. [U. 
 S.] 353; 2 Curt. [U. S.] 350. All services 
 rendered at sea to a vessel in distress are 
 salvage services. 1 W. Rob. Adm. 174; 3 
 W. Rob. Adm. 71. But the peril must be 
 present and pending, not future, contingent, 
 and conjectural. 1 Sumn. (U. S.) 216; 3 
 Hagg. Adm. 344. It may arise from the 
 sea, rocks, fire, pirates, or enemies (1 
 Cranch [U. S.] 1), or from the sickness or 
 death of the crew of master (1 Curt. [U. 
 S.] 376; 2 Wall. Jr. [U. S.] 59; 1 Swab. 
 
 84). 
 
 (2) The saving. In order to give a title 
 to salvage, the property must be effectually 
 saved; it must be brought to some port of 
 safety, and it must be there in a state ca- 
 pable of being restored to the owner, before 
 the service can be deemed completed. 1 
 Sumn. (U. S.) 417; 1 W. Rob. Adm. 329, 
 406. It must be saved by the instrumen- 
 tality of the asserted salvors, or their serv- 
 ices must contribute in some certain degree 
 to save it (4 Wash. C. C. [U. S.] 651; 01c. 
 Adm. [U. S.] 462) ; though, if the services 
 were rendered on the request of the master 
 or owner, the salvor is entitled to salvage, 
 though the services were slight, and the 
 property was saved mainly by a providen- 
 tial act (5 McLean [U. S.] 359; 1 Newb. 
 Adm. [U. S.] 130; 2 W. Rob. Adm. 91; 
 Bee, Adm. [U. S.] 90; 9 Lond. Jur. 119). 
 
 (3) The place. In England it has been 
 held that the services must be rendered on 
 the high seas, or, at least, extra corpus conv- 
 itatus, in order to give the admiralty court 
 jurisdiction to decree salvage; but in this 
 country it is held that the district courts of 
 the United States have jurisdiction to de- 
 cree salvage for services rendered on tide 
 waters and on the lakes or rivers where in- 
 terstate or foreign commerce is carried on, 
 although infra corpus comitatus. 12 How. 
 (U. S.) 466; 1 Blatchf. (U. S.) 420; 5 Mc- 
 Lean (U. S.) 359. 
 
 SALVAGE CHARGES. In insurance. All 
 those costs, expenses, and charges necessari- 
 ly incurred in and about the saving and 
 preservation of the property imperilled, and 
 which, if the property be insured, are even- 
 tually borne by the underwriters. Stev. Av. 
 c. 2, § 1. 
 
 SALVAGE LOSS. That kind of loss 
 which it is presumed would, but for certain 
 services rendered and exertions made, have 
 become a total loss. It also means, among 
 underwriters and average adjusters, a mode 
 of settling a loss, under a policy, in cases 
 where the goods have been necessarily sold 
 at a port short of the port of destination, 
 in consequence of the perils insured against. 
 
 In such cases, though the property be not 
 abandoned to the underwriter, the prin- 
 ciple of abandonment is assumed in the ad- 
 justment of the loss. The underwriter pays 
 a total loss. The net proceeds of the sale 
 of the goods, after deducting all expenses, 
 are retained by the assured, and he credits 
 the underwriter with the amount. 2 Phil. 
 Ins. § 1480; Stev. Av. c. 2, § 1. 
 
 SALVAGE SERVICE. In maritime law. 
 Any service rendered in saving property 
 on the sea, or wrecked on the coast of the 
 sea. Story, J., 1 Sumn. (U. S.) 210. 
 
 SALVIAN INTERDICT. See "Interdlctum 
 Salvianum." 
 
 SALVO (Lat.) Saving; excepting; with- 
 out prejudice tg. Salvo me et haeredibus 
 meis, except me and my heirs. Salvo jure 
 cujuslibet, without prejudice to the rights 
 of any one. 
 
 SALVOR. In maritime law. A person who 
 saves property or rescues it from impend- 
 ing peril on the sea or when wrecked on 
 the coast of the sea, or, in the United 
 States, on a public navigable river or lake 
 where interstate commerce is carried on, 
 and who is under no pre-existing contract 
 or obligation of duty by his relation to the 
 property to render such services. 1 Hagg. 
 Adm. 236; 1 Curt. (U. S.) 378. 
 
 SALVUS PLEGIUS (Law Lat.) A safe 
 pledge; called, also, "certus plegius," a sure 
 pledge. Bracton, fol. 160b. 
 
 SAME. The ordinary meaning of the 
 word "same" is "identical;" "identical in 
 substance or numerically;" "of one nature, 
 degree or amount." 248 111. 166. 
 
 "The same" generally refers to the next 
 preceding antecedent. Co. Litt. 20b, 385b; 
 26 Bea. 160; but the word "same" may 
 grammatically refer to more than one an- 
 tecedent. 45 L. J. Ch. 216; 1 Ch. D. 605. 
 
 SAMPLE. A small quantity of any com- 
 modity or merchandise, exhibited as a speci- 
 men of a larger quantity, called the "bulk." 
 A fair representation of the whole; a part 
 shown as a specimen. 33 Gratt. (Va.) 
 904. 
 
 When a sale is made by sample, and it 
 afterwards turns out that the bulk does 
 not correspond with it, the purchaser is 
 not, in general, bound to take the property 
 on a compensation being made to him for 
 the difference. 1 Campb. 113. See 2 East, 
 314; 4 Campb. 22; 9 Wend. (N. Y.) 20; 12 
 Wend. (N. Y.) 413, 566; 5 Johns. (N. Y.) 
 395; 6 N. Y. 73, 95; 13 Mass. 139; 2 Nott 
 & McC. (S. C.) 538; 3 Rawle (Pa.) 37; 14 
 Mees & W. 651. 
 
 SANAE MENTIS (Lat.) In old English 
 law. Of sound mind. Fleta, lib. 3, c. 7, § 1. 
 
 SANCTIO (Lat.) In the civil law. That 
 part of a law by which a penalty was or- 
 
SANCTION 
 
 912 
 
 SAPIENS INCIPIT 
 
 dained against those who should violate 
 it. Inst. 2. 1. 10. 
 
 SANCTION. That part of a law which In- 
 flicts a penalty for its violation, or bestows 
 a reward for its observance. Sanctions are 
 of two kinds, — those which redress civil in- 
 juries, called "civil sanctions," and those 
 which punish crimes, called "penal sanc- 
 tions." 1 Hoflfm. Leg. Outl. 279; Ruther- 
 forth, Inst. bk. 2, c. 6, §6; TouUier, Dr. 
 Civ. tit. prel. 86; 1 Bl. Comm. 56. 
 
 SANCTUARY. A place of refuge, where 
 the process of the law cannot be executed. 
 
 Sanctuaries may be divided into religious 
 and civil. The former were very common 
 in Europe, — religious houses affording pro- 
 tection from arrest to all persons, whether 
 accused of crime or pursued for debt. 4 
 Bl. Comm. 332. This kind was never known 
 in the United States. 
 
 Civil sanctuary, or that protection which 
 is afforded to a man by his own house, was 
 always respected in this country. The 
 house protects the owner from the service 
 of all civil process in the first instance, but 
 not if he is once lawfully arrested and 
 takes refuge in his own house. See 
 "House;" "Arrest." 
 
 No place affords protection from arrest 
 in criminal cases. A man may therefore, 
 be arrested in his own house in such 
 cages, and the doors may be broken for the 
 purpose of making the arrest. See "Ar- 
 rest." 
 
 SANCTUS, or SANCTUM (Lat. from sfflM- 
 cire). In the civil law. That which is 
 guarded and fenced round against injury 
 (quod ab injuria hominum defensum atque 
 munitum est).' Dig. 1. 8, pr. Derived by 
 Marcian, in the Digests, from sagmina, 
 which were certain herbs carried by the 
 legates of the Roman people to secure them 
 from harm. Id. § 1. 
 
 SAND GAVEL. A payment due to the 
 lord of the manor of Rodley, in the county 
 of Gloucester, for liberty granted to the 
 tenants to dig sand for their common use. 
 Cowell. 
 
 SANE (Law Pr. and Eng.; from Lat. sa- 
 nus). Sound. De non sane memorie _oi 
 unsound memory, non eompos mentis. Litt. 
 §405. 
 
 SANG, or BANC. Blood. These words are 
 nearly obsolete. 
 
 SANGUINE, or MURREY. An heraldic 
 term for "blood color," called, in the arms 
 of princes, "dragon's tail," and, in those of 
 lords, "sardonyx." It is a tincture of very 
 infrequent occurrence, and not recognized 
 by some writers. In engraving, it is de- 
 noted by numerous lines in saltire. Whar- 
 ton. 
 
 SANGUINEM EMERE (Lat.) In feudal 
 law. A redemption by villeins, of their 
 
 blood or tenure, in order to bebome free- 
 men. 
 
 SANGUINIS CONJUNCTIO BENEVO- 
 lentla devincit homines et carltate. A tie of 
 blood overcomes men through benevolencei 
 and family affection. 5 Johns. Ch. (N. Y.) 
 1, 13. 
 
 SAN IS. A kind of punishment among the 
 Greeks, inflicted by binding the malefactor 
 fast to a piece of wood. Enc. Lend. 
 
 SANITARY. Pertaining to, or designed 
 to secure, sanity or health; relating to the 
 preservation of health. 133 111. 579. 
 
 SANITARY AUTHORITIES. In the Eng- 
 lish law bodies having jurisdiction over 
 their respective districts in regard to sewer- 
 age, drainage, scavenging, the supply of 
 water, the prevention of nuisances and of- 
 fensive trades, etc., all of which come un- 
 der the head of "sanitary matters" in the 
 special sense of the words. Sanitary au- 
 thorities also have jurisdiction in matters 
 coming under the head of "local govern- 
 ment" (g. V.) Public Health Act 1875, 
 passim. 
 
 SANITY. The state of a person who has 
 a sound understanding; the reverse of in- 
 sanity (g. V.) 
 
 SANS CEO QUE. The same as absque hoe 
 (g. V.) 
 
 SANS IMPEACHMENT DE WAST (Law 
 Fr.) Without impeachment of waste. Litt. 
 § 152. See "Absque Impetitione Vasti." 
 
 SANS JOUR (L. Fr.) Without day. 
 
 SANS NOMBRE (Fr. without number). 
 In English law. A term used in relation 
 to the right of putting animals on a com- 
 mon. The term common sans nombre does 
 not mean that the beasts are to be innum- 
 erable, but only indefinite, not certain 
 (Willes, 227) ; but they are limited to the 
 commoner's own commonable cattle, levant ^ 
 et couchant, upon his lands, or as many 
 cattle as the land of the commoner can 
 keep and maintain in winter. 2 Brownl. 
 101; Ventr. 54; 5 Term R. 48; 1 Wm. 
 Saund. 28, note 4. 
 
 SANS RECOURS (Fr. without recourse). 
 Words which are sometimes added to an 
 indorsement by the indorsee to avoid in- 
 curring any liability. Chit. Bills, 179; 7 
 Taunt. 160; 3 Cranch (U. S.) 193; 7 
 Cranch (U. S.) 159; 12 Mass. 172; 14 
 Serg. & R. (Pa.) 325. See "Without Re- 
 course." 
 
 CAN US (Lat.) Sound. 151 111. 165. 
 
 SAPIENS INCIPIT A FINE; ET QUOD 
 primum est In intentione, ultimum est In 
 executlone. A wise man begins with the 
 last; and what is first in intention is last 
 in execution. 10 Coke, 25. 
 
SAPIENS OMNIA AGIT CUM 
 
 913 
 
 SAVINGS BANKS 
 
 SAPIENS OMNIA AGIT CUM CONSU 
 110. A wise man doep eTerytWng advisedly. 
 4 Inst 4. 
 
 SAPIENTIA LEQI8 NUMMARIO PRE- 
 tio non est aestlmanda. The wisdom of the 
 law cannot be valued by money. Jenk. 
 Cent. Cas. 168. 
 
 8AP1ENT1S JUDICIS EST COGITARE 
 
 tantum sibi esse permlssum, quantum com- 
 missum et creditum. It Is the duty of a wiae 
 judge to think so much only permitted to 
 him as is committed and intrusted to him. 
 4 Inst. 163. 
 
 SARCULATURA (Law Lat.) In old rec- 
 ords. Weeding corn; a tenant's service of 
 weeding for the lord. Cowell. 
 
 SART. In old English law. A piece of 
 woodland, turned into arable. Cowell. See 
 "Assart." 
 
 SARUM (Law Lat.) In old records. The 
 city of Salisbury in England. Spelman. 
 
 SASINE. In Scotch Jaw. The symbolical 
 delivery of land, answering to the livery of 
 seisin of the old English law. 4 Kent, 
 Comm. 459. 
 
 SASSONS. The corruption of Saxons. A 
 name of contempt formerly given to the 
 English, while they affected to be called 
 "Angles." They are still so called by the 
 Wdsh. Apparently this corresponds to the 
 Scotch and Irish rendering of "Saxon" by 
 the word "Sassenach." 
 
 SATISDARE. In the civil law, to guar- 
 anty the obligation of a principal. 
 
 SATISDATIO (Lat. satis, and dare). In 
 civil law. Security given by a party to an 
 action to pay what might be adjudged 
 against him. It is a satisfactory security, 
 in opposition to a naked security or 
 promise. Vicat; 3 Bl. Comm. 291. 
 
 SATISFACTION (Lat. satis, enough, fa- 
 cto, to do, to make). In practice. An entry 
 made on the record, by which a party in 
 whose favor a judgment was rendered de- 
 clares that he has been satisfied and paid. 
 
 SATISFACTION PIECE, In English prac- 
 tice. An instrument of writing in which 
 ■ it is declared that satisfaction is acknowl- 
 edged between the plaintiff and defendant. 
 It is signed by the attorney, and on its 
 production and the warrant of attorney to 
 the clerk of the judgments, satisfaction is 
 entered on payment of certain fees. 
 
 SATISFACTORY EVIDENCE. That which 
 is sufficient to induce a belief that the 
 thing is true; in other words, it is credi- 
 ble 'evidence. 3 Bouv. Inst, note 3049. 
 
 SATISFIED OUTSTANDING TERM. 
 Where a long term had been created in 
 trustees to raise money for a purpose, and 
 the money had been paid, but the trustees 
 
 had not released to the f reehold&, and the 
 lease had not provided for its own extin- 
 guishment on the purpose becoming satis- 
 fied, the estate so remaining in the trus- 
 tees was called a "satisfied outstanding 
 term." It came to be a mode of protect- 
 ing the rightful owner of the freehold, but 
 the estate was abolished by 8 & 9 Vict. c. 
 112, § 2, and it never existed in the United 
 States. 1 Washb. Real Prop. *311. 
 
 SATIUS EST PETERE PONTES QUAM 
 sectarl rivulos. It Is better to seek the 
 fountain than to follow rivulets. 10 Coke, 
 118. It is better to drink at the fountain 
 than to sip in the streams. 
 
 SATURDAY'S STOP. A space of time 
 from evensong on Saturday till sun rising 
 on Monday, in which it was not lawful to 
 take salmon in Scotland and the northern 
 parts of England. Cowell. 
 
 SAUNKEFIN (Law Fr.) End of blood; 
 failure of the direct line in successions. 
 Spelman; Cowell. 
 
 SAUVAGINE (Law Fr.) Wild animals. 
 De pessons et de autre sauvagine, Britt. c. 
 33, fol. 85. 
 
 The wild disposition of &n animal (/era 
 natura). Mes si ele eschape et repreigvs la 
 sauvagine en son natural estate, but if it 
 escape, and resume its wildness, in its nat- 
 ural estate. Id. 
 
 SAUVEMENT (Law Fr.) Safely. Sauve- 
 ment gardes, safely kept. Britt. c. 87. 
 
 SAVANT. 
 Kelham. 
 
 SAVER-DE-FAULT. To excuse. Termes 
 de la Ley. 
 
 SAVING THE STATUTE OF LIMITA- 
 
 tions. A creditor is said to "save the statute 
 of limitations" when he saves or preserves 
 his debt from being barred by the operation 
 of the statute. Holthouse. Thus, in the 
 case of a simple contract debt, if a creditor 
 commence an action for its recovery within 
 six years from the time when the cause of 
 action accrued, he will be in time to save 
 the statute. 
 
 SAVINGS BANKS. In American law. In- 
 stitutions for the safe custody and increase 
 of the savings of the industrious poor, and 
 persons of small means. They are banks 
 to receive deposits of money, however small, 
 which is to accumulate at interest, and to 
 be paid out to the depositors as required. 
 
 Any institution in the nature of a bank 
 formed for the purpose of receiving de- 
 posits of money for the benefit of the per- 
 sons depositing; to accumulate the pro- 
 duce of so much thereof as shall not be 
 required by the depositors, their executors 
 or administrators, at compound interest, 
 and to return the whole, or any part of 
 such deposit, and the produce thereof, to 
 the depositors, or their personal representa- 
 
 (L. Fr.) Saving; knowing." 
 
SAVOUR 
 
 914 
 
 SCHEDULE 
 
 tives, deducting out of such produce so 
 much as shall be required for the neces- 
 sary expenses attending the management 
 of such institution, but deriving no power 
 whatsoever from any such deposit or the 
 produce thereof. 2 Bradwell (111.') 274. 
 
 SAVOUR. To partake of the nature of; 
 to bear affinity to. 
 
 SAVOY. One of the old privileged places, 
 or sanctuaries. 4 Steph. Comm. (7th Ed.) 
 227, note. 
 
 SAXON LAGE. The law of the West Sax- 
 ons. 
 
 SC, or SOIL. An abbreviation for "scili- 
 cet," that is to say. 
 
 SCABINI. In old European law. The 
 judges or assessors of the judges in the 
 court held by the count. Assistants or as- 
 sociates of the count; officers under the 
 count. The permanent selected judges of 
 the Franks. Judges among the Germans, 
 Franks, and Lombards, who were held in 
 peculiar esteem. Spelman. 
 
 SCACCARIUM. A chequered cloth, resem- 
 bling a chess board, which covered the ta- 
 ble in the exchequer, and on which, when 
 certain of the king's accounts were made 
 up, the sums were marked and scored with 
 counters. Hence the court of exchequer, 
 or curia scaccarii, derived its name. 3 Bl. 
 Comm. 44. 
 
 SCALAIVI. The old way of paying money 
 into the exchequer. Cowell. 
 
 SCALE. In early American law. To ad- 
 just, graduate, or value according to a 
 scale. "The ourt scaled the debt." Mar- 
 shall, arg. <- Wash. (Va.) 5, 6. A term 
 used after the establishment of American 
 independence, to signify a process of adjust- 
 ing the difference in value between paper 
 money and specie, rendered necessary by 
 the great depreciation of the former. The 
 act of assembly of Virginia of February 
 10, 1781, establishing a scale of deprecia- 
 tion, and declaring that outstanding cur- 
 rent money contracts should be regulated 
 by such scale, as at the date of such con- 
 ijracts, is called "An act for scaling paper 
 money contracts." 2 Wash. (Va.) [41] 
 52; Id. [98, 99] 127; Id. [103, 104] 132, 
 134. 
 
 SCALPER, or SCALPING. See "Gambling 
 Contract!" 
 
 SCAMNUM (or SCANNUM) CADUCUM 
 (Law Lat.) In old records. The cucking 
 stool, or ducking stool. Cowell. 
 
 SCANDAL. A scandalous verbal report or 
 rumor respecting some person. 
 
 SCANDALOUS MATTER. In equity plead- 
 ing. Unnecessary matter criminatory of 
 the defendant or any other person, alleged 
 in the bill answer, or other pleading, or 
 
 in the interrogatories to or answers by 
 witnesses. Adams, Eq. 306. Matter which 
 is relevant can never be scandalous 
 (Story, Eq. PI. § 270, 15 Ves. 477) ; and the 
 degree of relevancy ia of no account in 
 determining- the question (Cooper, Eq. PL 
 19; 2 Ves. Jr. 24; 6 Ves. 614; 11 Ves. 256; 
 15 Ves. 477). Where scandal is alleged, 
 whether in the bill (2 Ves. Jr. 631), an- 
 swer (Mitf. Eq. PI. [Jeremy Ed.] 313), 
 or interrogatories to or answers of wit- 
 nesses (2 Younge & C. 445), it will be re- 
 ferred to a master at any time (2 Ves. 
 Jr. 631), and, by leave of court, even upon 
 the application of a stranger to the suit 
 (6 Ves. 514; 5 Beav. Rolls, 82), and mat- 
 ter found to be scandalous by him will be 
 expunged (Story, Eq. PI. §§266, 862; 4 
 Hen. & M. [Va.]_414), at the cost of coun- 
 sel introducing it, in some cases (Story, 
 Eq. PL § 266). The presence of scandalous 
 matter in the bill is no excuse for its be- 
 ing in the answer. 19 Me. 214. 
 
 SCANDALUM MAGNATUM (Law Lat. 
 slander of great men). In old English law. 
 Words spoken in derogation of a peer, a 
 judge, or other great oifficer of the realm. 
 1 Vent. 60. This was distinct from mere 
 slander in the earlier law, and was con- 
 sidered a more heinous offense. Buller, 
 N. P. 4. See 3 Bl. Comm. 124; 64 111. 296. 
 The doctrine never prevailed in the United 
 States (151 Mass. 50), and is said to be 
 obsolete in England (Odgers, Lib. & Sland. 
 136). 
 
 SCAPELLARE (Law Lat.) In old E5uro- 
 pean law. To chop ; to chip or haggle. Spel- 
 man. 
 
 SCAPHA (Lat.) In the Roman law. A 
 boat; a lighter. Dig. 14. 2. 4, pr. A ship's 
 boat. Id. 6. 1. 3. 1; Id. 21. 2. 44; Loce. de. 
 Jur. Mar. lib. 1, c. 2, § 6. 
 
 SCARA (Law Lat.) In old European law. 
 A troop (turma) ; a division of an array. A 
 phalanx (cuneus). Spelman. 
 
 SCAVAGE, SCHEVAGE, SCHEWAGE, or 
 shewage. A kind of toll or custom, ex- 
 acted by mayors, sheriffs, etc., of merchant 
 strangers, for wares showed or offered for 
 sale within their liberties. Prohibited by 
 19 Hen. VII. c. 7. Cowell. 
 
 SCAVAIDUS. The officer who collected 
 the scavage money. Cowell. 
 
 SCAVER, Seavoir. L. Fr. to know; knows. 
 Kelham. 
 
 SCEATTA, or SCAETTA (Saxon). A Sax- 
 on coin of less denomination than a shill- 
 ing. Spelman. 
 
 SCHAN PENNY, SCHARN PENNY, or 
 schorn penny. A small duty or compensa- 
 tion. Cowell. 
 
 SCHEDULE. In practice. When an in- 
 dictment is returned from an inferior court 
 in obedience to a writ of certiorari, the 
 
SCHEME 
 
 915 
 
 SCILICET 
 
 statement of the previous proceedings sent 
 with it is termed the "schedule." 1 Saund. 
 309a, note 2. 
 
 Schedules are also frequently annexed 
 to answers in a court of equity, and to 
 depositions and other documents, in order 
 to show more in detail the matter they 
 contain than could otherwise be convenient- 
 ly shown. 
 
 The term is frequently used instead of 
 "Inventory." 
 
 SCHEME. In English law, a scheme is a 
 document containing provisions for regulat- 
 ing the management or distribution of 
 property, or for making an arrangement 
 between persons having conflicting rights. 
 Thus, in the practice of the chancery divi- 
 sion, where the execution of a charitable 
 trust in the manner directed by the founder 
 is difficult or impracticable, or requires 
 supervision, a scheme for the management 
 of the charity will be settled by the court. 
 Tud. Char. Trusts, 257; Hunt, Eq. 248; 
 Daniel, Ch. Prac. 1765. 
 
 SCHETES. Usury. Cowell. 
 
 SCHIREMAN. A sheriff; the ancient name 
 for an earl. 
 
 SCHIRRENS GELD. A tax paid to sher- 
 iffs for keeping the shire or county court. 
 Cowell. 
 
 SCHISM BILL. The name of an act 
 passed in the reign of Queen Anne, which 
 restrained Protestant dissenters from edu- 
 cating their own children, and forbade all 
 tutors and schoolmasters to be present at 
 any conventicle or dissenting place of wor- 
 ship. The queen died on the day when this 
 act was to have taken effect (August 1, 
 1714) , and it was repealed in the fifth year 
 of Geo. I. Wharton. 
 
 SCIENCE. Science signifies knowledge, 
 the knowledge of many. It springs from 
 the recognition of the existence of gen- 
 eral truths or laws, to which the relation 
 of things and their operation upon each 
 other conform. These laws or truths as- 
 certained by the investigation of men de- 
 voted to particular departments of inquiry, 
 methodically digested and arranged so as 
 to be attainable, constitute science. 3 Bos- 
 worth (N. Y.) 13. It is not synonymous 
 with "art". Eg., Rifle shooting, though it 
 may be an art, is not a science. Fletcher 
 Encyclopedia Corporations 241. 
 
 SCIENDUM (Lat.) In English law. The 
 name given to a clause inserted in the rec- 
 ord, by which it is made "known that the 
 justice here in court, in this same term, 
 delivered a writ thereupon to the deputy 
 sheriff of the county aforesaid, to be exe- 
 cuted in due form of law." Lee, Diet. "Rec- 
 ord." 
 
 SCIENDUM EST (Lat. it is to be known, 
 or understood). A phrase frequently used 
 in the civil law, in the commencement of 
 paragraphs or other divisions of a subject, 
 as preliminary to some explanation, or as 
 calling attention to some particular rule. 
 Sciendum itaque est, omnia fidei commissa 
 primis temporibus infirTna fuisse, it is to be 
 known, then, that all trusts were, in their 
 origin, weak. Inst. 2. 23. 1. 
 
 SCIENTER (Lat. knowingly). The allega- 
 tion of knowledge on the part of a defend- 
 ant or person accused, which is necessary 
 to charge upon him the consequences of 
 the crime or tort. 
 
 A man may do many acts which are jus- 
 tifiable or not, as he is ignorant or not 
 ignorant of certain facts. He may pass a 
 counterfeit coin, when he is ignorant of its 
 being counterfeit, and is guilty of no of- 
 fense; but if he knew the coin to be coun- 
 terfeit, which is called the scienter, he is 
 guilty of passing counterfeit money. 
 
 SCIENTIA SCIOLORUM EST MIXTA IG- 
 norantia. The knowledge of smatterers is 
 mixed ignorance. 8 Coke, 159. 
 
 SCIENTIA UTRIUSQUE PAR PARES 
 contrahentes faclt. Equal knowledge on both 
 sides makes the contracting parties equal. 
 
 3 Burrows, 1910. 
 
 SCIENTII ET VOLUNTI NON FIT INJU- 
 ria. A wrong is not done to one who knows 
 and walls it. 
 
 SCI. FA. An abbreviation of scire 
 facias, (q.v.) 
 
 SCILICET (Lat. scire, to know, licet, it 
 is permitted; you may know; translated by 
 "to wit," in its old sense of "to know"). 
 That is to say; to wit; namely. It is often 
 abbreviated "sc." or "sdl." 
 
 It is a clause to usher in the sentence of 
 another, to particularize that which was 
 too general before, distribute what was too 
 gross, or to explain what was doubtful 
 and obscure. It neither increases nor di- 
 minishes the premises or habendum,, for 
 it gives nothing of itself. It may make a 
 restriction when the preceding words may 
 be restrained. Hob. 171; 1 P. Wms. 18; Co. 
 Litt. 180b, note 1. 
 
 When the scilicet is repugnant to the pre- 
 cedent matter, it is void ; for example, when 
 a declaration in trover states that the plain- 
 tiff on the third day of May was possessed 
 of certain goods which, on the fourth day 
 of May, came to the defendant's hands, who 
 afterwards, to wit, on the first day of May, 
 converted them, the scilicet was rejected as 
 surplusage. Cro. Jac. 428. And see 6 Bin. 
 (Pa.) 15; 3 Saund. 291, note 1. 
 
 Stating material and traversable matter 
 under a scilicet will not avoid the conse- 
 quences of a variance (1 McClel. & Y. 277; 
 
 4 Taunt. 321; 6 Term R. 462; 2 Bos. & P. 
 170, note 2; 1 Cow. [N. Y.] 676; 4 Johns. 
 [N. Y.] 450; 2 Pick. [Mass.] 223) ; nor will 
 
SCINTILLA 
 
 916 
 
 SCIRE FACIAS 
 
 the mere omission of a scilicet render im- 
 material matter material (2 Saund. 206a; 3 
 Term R. 68; 1 Chit. PI. 276, even in a 
 criminal proceeding (2 Campb. 307, note). 
 See 3 Term R. 68; 3 Maule & S. 173. 
 
 SCINTILLA (Lat.) A spark; a remaining 
 particle; the least particle. "A scintilla of 
 equity." Henley, Lord Keeper, 1 W. Bl. 180. 
 "There is not a scintilla of intention, upon 
 the face of the will, to show the contrary." 
 Lord Ellenborough, 11 East, 322. "Not a 
 scintilla of benefit." Id.; 1 Maule & S. 509. 
 See 6 Maule & S. 180. 
 
 SCINTILLA JURIS (Lat. a spark of law 
 or right). A legal fiction resorted to for 
 the purpose of enabling feoffees to uses 
 to support contingent uses when they come 
 into existence, thereby to enable the stat- 
 ute of uses (27 Hen. VIII.) to execute 
 them. For example, a shifting use; a grant 
 to A. and his heirs to the use of B. and 
 his heirs, until C. perform an act, and then 
 to the use of G. and his heirs. Here the 
 statute executes the use in B., which, be- 
 ing coextensive with A.'s seisin, leaves no 
 actual seisin in A. When, however, C. 
 performs the act, B.'s use ceases, and C.'s 
 springs up, and he enjoys the fee simple; 
 upon which the question arises, out of 
 what seisin C.'s use is served. It is said 
 to be served out of A.'s original seisin; 
 for upon the cessor of B.'s use it is con- 
 tended that the original seisin reverted 
 to A., for the purpose of serving C.'s use, 
 and is a possibility of seisin, or scintilla 
 juris. See 4 Kent, Comm. 238 et seq., and 
 the authorities there cited, for the learn- 
 ing upon this subject; Burton, Real Prop. 
 48, 49; Wilson, Springing Uses, 59, 60; 
 Washb. Real Prop. 
 
 SCINTILLA OF EVIDENCE. Any mate- 
 rial evidence which, taken as true, would 
 tend to establish the issue in the mind of 
 a Juror. It has been stated that to' war- 
 rant the submission of a case to the jury 
 "a mere scintilla of evidence Is sufficient." 
 The propriety, of this test has been em- 
 phatically denied. Wlgnl. Ev. § 2494. 
 
 SCIRE DEBES CUM QUO CONTRAHIS. 
 You ought to know with whom you deal. 
 11 Mees. & W. 405, 632; 13 Mees. & W. 
 171. 
 
 SCIRE FACIAS (Lat. that you make 
 known). The name of a writ (and of the 
 whole proceeding) founded on some public 
 record. 
 
 Its principal use was to revive a judg- 
 ment on which execution had not issued for 
 a year and a day (see "Revival"), or to en- 
 force some obligation of record, as a recog- 
 nizance on appeal (24 Pa. St. 69). 
 
 Scire facias is also used by government 
 as a mode to ascertain and enforce the for- 
 feiture of a corporate charter, where there 
 is a legal existing body capable of acting, 
 but who have abused their power. It cannot, 
 
 like quo warranto (which is applicable to all 
 cases of forfeiture) , be applied where there 
 is a body corporate de facto only, who take 
 upon themselves to act, but cannot legally 
 exercise their powers. In scire facias to for- 
 feit a corporate charter, the government 
 must be a party to the suit; for the judg- 
 ment is that the parties be ousted, and the 
 franchises be seized into the hands of the 
 government. 2 Kent, Comm. 313; 10 Barn. 
 & C. 240; Yelv. 190; 5 Mass. 230; 16 Serg. 
 & R. (Pa.) 140; 4 Gill & J. (Md.) 1; 9 gSi 
 & J. (Md.) 365; 4 Gill (Md.) 404. 
 
 Scire facias is also used to suggest further 
 breaches on a bond with a condition, where 
 a judgment has been obtained for some, but 
 not all, of the breaches, and to recover fur- 
 ther installments where a judgment has been 
 obtained for the penalty before all the in- 
 stallments are due. 1 Wm. Saund. 58, note 
 1; 4 Md. 375. 
 
 As to the effects of the judgment, and the 
 principle of forfeiture, see "Quo Warranto." 
 
 The pleadings in scire facias are peculiar. 
 The writ recites the judgment or other rec- 
 ord, and also the suggestions which the 
 plaintiff must make to the court to entitle 
 him to the proceeding by scire facias. The 
 writ, therefore, presents the plaintiff's whole 
 case, and constitutes the declaration, to 
 which the defendant must plead. 1 Blackf. 
 (Ind.) 297. And when the proceeding is 
 used to forfeit a corporate charter, all the 
 causes of forfeiture must be assigned in dis- 
 tinct breaches in the writ. And the defend- 
 ant must either disclaim the charter, or 
 deny its existence, or deny the facts alleged 
 as breaches, or demur to them. The sugges- 
 tions in the writ disclosing the foundation 
 of the plaintiff's case must also be traversed 
 if they are to be avoided. The scire fadas 
 is founded partly upon than and partly up- 
 on the record. 2 Inst. 470, 679. They are 
 substantive facts, and can be traversed by 
 distinct pleas embracing them alone, just as 
 any other fundamental allegation can be 
 traversed alone. All the pleadings after the 
 writ or declaration are in the ordinary 
 forms. There are no pleadings in scire far 
 das to forfeit a corporate charter to be 
 found in the books, as the proceeding has 
 been seldom used. There is a case in 1 P. 
 Wms. 207, but no pleadings. There is a case 
 also in 9 Gill (Md.) 379, with a synopsis of 
 the pleadings. Perhaps the only other case 
 is in Vermont, and it is without pleadings. 
 A defendant cannot plead more than one 
 plea to a scire facias to forfeit a corporate 
 charter. St. 4 & 5 Anne, c. 16, and St. 9 
 Anne, c 20, allowing double pleas, do not ex- 
 tend to the crown. 1 Chit. PI. 479; 1 P. 
 Wms. 220. 
 
 There are various special forms of the 
 writ designated in accordance with the pur^ 
 pose for or the record on which it is brought. 
 The principal are: 
 
 Scire facias sur mortgage, being a writ pf 
 scire facias issued upon the default of a 
 mortgagor, requiring him to show cause why 
 the mortgage should not be foreclosed. 
 
SCIRE FECI 
 
 91? 
 
 SCOT 
 
 Scire fadas ad diaprobandum debitum, be- 
 ing a writ in use in Pennsylvania, which 
 lies by a defendant in foreign attachment 
 against the plaintiff, in order to enable him, 
 within a year and a day next ensuing the 
 time of payment to the plaintiff in the at- 
 tachment, to disprove or avoid the debt re- 
 covered against him. Act relating to the 
 commencement of actions (section 61) , 
 passed June 13, 1836. 
 
 Scire facias ad audiendum errores, being 
 a writ which is sued out after the plaintiff 
 in error has assigned his errors. Pitzh. Nat. 
 Brev. 20; Bac. Abr. "Error" (F). 
 
 Scire facias ad rehabendam terram, being 
 a writ which lay for an execution debtor to 
 recover back his land taken on execution 
 after he has satisfied the debt. Fost. Scire 
 Facias, 58. 
 
 SCIRE FECI (Lat. I have made known). 
 In practice. The return of the sheriff, or 
 other proper officer, to the writ of scire fa- 
 das, when it has been served. 
 
 SCIRE FIERI INQUIRY. In English law. 
 The name of a writ formerly used to re- 
 cover the amount of a judgment from an 
 executor. 
 
 The history of the .origin of the writ is 
 as follows : When, on an execution de bonis 
 testatoris against an executor, the sheriff re- 
 turned nulUi bona and also a devastavit, a 
 fieri facias, de bonis propriis, might former- 
 ly have been issued against the executor, 
 without a previous inquisition finding a de- 
 vastavit and a scire facias. But the most 
 usual practice upon the sheriff's return of 
 nulla bona to a fieri facias de bonis testa-^ 
 toris was to sue out a special writ of fieri 
 facias de bonis testatoris, with a clause in 
 it, et si tibi constare, poterit, that the exe- 
 cutor had wasted the goods, then to levy de 
 bonis propriis. This was the practice in the 
 king's bench till the time of Charles I. 
 
 In the common pleas, a practice had pre- 
 vailed in early times upon a suggestion in 
 the special writ of fieri facias of a devasta- 
 vit by the executor, to direct the sheriff to 
 inquire by a jury whether the executor had 
 wasted the goods, and if the jury found he 
 had, then a scire facias was issued out 
 against him, and, unless he made a good de- 
 fense thereto, an execution de bonis propriis 
 was awarded against him. 
 
 The practice of the two courts being dif- 
 ferent, several cases were brought into the 
 king's bench on error, and at last it be- 
 came the practice of both courts, for the 
 sake of expedition, to incorporate the fieri 
 facias inquiry and scire facias into one writ, 
 thence called a "scire fieri inquiry," — a name 
 compounded of the first words of the two 
 writs of scire facias and fieri facias, and 
 that of inquiry, of which it consists. 
 
 This writ recites the fieri facias de bonis 
 testatoris sued out on the judgment against 
 the executor, the return of nulla bona by 
 the sheriff, and then, suggesting that the 
 executor had sold and converted the goods 
 
 of the testator to the value of the debt and 
 damages recovered, commands the sheriff to 
 levy the said debt and damages of the goods 
 of the testator in the hands of the executor, 
 if they could be levied thereof;. but if it 
 should appear to him by the inquisition of 
 a jury that the executor had wasted the 
 goods of the testator, then the sheriff is to 
 warn the executor to appear, etc. If the 
 judgment had been either by or against 
 the testator or intestate, or both, the writ 
 of fieri facias recites that fact, and also that 
 the court had adjudged, upon a scire facias 
 to revive the judgment, that the executor or 
 administrator should have execution for the 
 debt, etc. Clift, Entr. 659; Lilly, Entr. 664. 
 Although this practice is sometimes adopt- 
 ed, yet the most usual proceeding is by ac- 
 tion of debt on the judgment, suggesting a 
 devastavit, because in the proceeding by 
 scire fieri inquiry the plaintiff is not en- 
 titled to costs unless the executor appears 
 and pleads to the scire facias. 1 Saund. 219, 
 note 8. See 2 Archb. Prac. 934. 
 
 SCIRE LEGES, NON HOC EST VERBA 
 earum tenere, sed vim et potestatem. To 
 know the laws is not to observe their mere 
 words, but their force and power. Dig. 1. 
 3. 17. 
 
 SCIRE PROPRIE EST, REM RATIONE 
 et per causam cognoscere. To know proper- 
 ly is to know a thing by its cause and in 
 its reason. Co. Litt. 183. 
 
 SCITE. The setting or standing of any 
 place; the seat or situation of a capital 
 messuage, or the ground on which it stood. 
 Jacob. 
 
 SCOLD. A woman who, by her habit of 
 scolding, becomes a nuisance to the neigh- 
 borhood, is called a "common scold." See 
 "Common Scold." 
 
 SCOLDING. Scolding is mere clamor, 
 railing, personal reproof. 137 Wis. 506, 517. 
 
 SCOT (Law Lat. scottum, scottus, scotta; 
 from Saxon sceat, a part or portion). In old 
 English law. A tax, or tribute; one's share 
 of a contribution. Or rather, a contribution 
 of several. 
 
 Camden, following Matthew of Westmin- 
 ster, defines this word to mean, "that which 
 is gathered together into one heap, from 
 several things" (illud quod ex diversis rebus 
 in unum acervum aggregatur) . Cowell. Spel- 
 man observes that it properly signifies 
 what the authors of the middle ages called 
 conjectus (a throwing together), because it 
 was thrown together by several into one 
 (from Saxon sceote, to throw or cast, 
 whence sceotan, to shoot) . It is found asso- 
 ciated with the word "lot," in the laws of 
 William the Conqueror, and other early rec- 
 ords; scot and lot (or, in the Saxon form, 
 an Mot & an scote), signifying a cus- 
 tomary contribution laid upon all subjects, 
 according to their ability. Cowell; Spel- 
 man, voc. "Scot," "Lot." 
 
SCOT AND LOT 
 
 918 
 
 SCYRE GEMOTE 
 
 SCOT, AND LOT. In English law. The 
 name of a customary contribution laid up- 
 on all the subjects according to their ability. 
 
 SCOTALE. An extortion by officers of 
 the forests who kept ale houses, and com- 
 pelled people to drink there under fear of 
 their displeasure, Charta de Foresta, c. 7; 
 Manw. For. Laws, pt. 1, 216. 
 
 SCOTCH PEERS. Peers of the kingdom 
 of Scotland. Of these sixteen are elected by 
 the rest, and represent the whole body. They 
 are elected for one parliament only. See 
 6 Anne, c. 23, amended by 10 & 11 Vict. c. 
 52, 14 & 15 Vict. c. 87, and 15 & 16 Vict. 
 c. 35. 
 
 SCOTS. Assessments by commissioners 
 of sewers. 
 
 SCOTTARE. To pay scot, tax, or custo- 
 mary dues. Cowell. 
 
 SCRAWL. A mark which Is to supply the 
 place of a seal. 2 Pars. Cont. 100. See 
 "Scroll." 
 
 SCRIBA (Lat. from seribere, to write). A 
 scribe; a secretary. Scriba regis, a king's 
 secretary; a chancellor. Spelman. 
 
 SCRIBERE EST AGERE. To write is to 
 act. 2 RoUe, 89; 4 Bl. Comm. 80. 
 
 SCRIP. A certificate or schedule. Evi- 
 dence of the right to obtain shares in a 
 public company; sometimes called "scrip 
 certificate," to distinguish it from the real 
 title to shares. Wharton; 15 Ark. 12. The 
 possession of such scrip is prima facie evi- 
 dence of ownership of the shares therein 
 designated. Add. Cont. 203*. It is not 
 goods, wares, or merchandise, within the 
 statute of frauds. 16 Mees. & W. 66. 
 
 SCRIPT. The original or principal instru- 
 ment, where there are part and counter- 
 part. 
 
 SCRIPTAE OBLIGATIONES SCRIPTIS 
 tolluntur, et nudi consensus obllgatio, con- 
 trario consensu dissolvitur. Written obliga- 
 gations are dissolved by writing, and obliga- 
 tions of naked agreement by naked agree- 
 ment to the contrary. 
 
 SCRIPTORIUM (Law Lat. from seribere, 
 to write). In old records. A place in mon- 
 asteries, where writing was done. Spelman. 
 
 SCRIPTUM (Lat. from seribere, to write). 
 In old conveyancing. A writing; a thing 
 written. Fleta, lib. 2, c. 60, § 25. This word, 
 alone, does not import or signify a deed, 
 that is, an instrument under seal. 2 Strange, 
 814. 
 
 Scriptum indentatum, a writing indented; 
 an indenture or deed. Reynolds, J., 2 
 Strange, 815. 
 
 Scriptum obligatorium, a writing obliga- 
 tory. The technical name of a bond in old 
 pleadings. T. Raym. 393. Any writing un- 
 der seal. Id. 
 
 SCRIPTUM INDENTATUM (Law Lat.) A 
 writing indented; an indenture or deed. 
 
 SCRIPTURA (Lat. from seribere, to 
 write). In old English law. The act or 
 fact of writing. Fleta, lib. 2, c. 60, § 25. 
 
 SCRIVENER. A person whose business It 
 is to write deeds and other instruments for 
 others; a conveyancer. 
 
 Money scriveners are those who are en- 
 gaged in procuring money to be lent on 
 mortgages and other securities, and lending 
 such money accordingly. They act, also, 
 as agents for the purchase and sale of real 
 estates. 
 
 To be considered a money scrivener, a 
 person must be concerned in carrying on 
 the trade or profession as a means of mak- 
 ing a livelihood. He must, in the course of 
 his occupation, receive other men's moneys 
 into his trust and custody, to lay out for 
 them as occasion offers. 3 Campb. 538; 2 
 Esp. Cas. 555. 
 
 SCROLL. A printed or written mark In- 
 tended to supply the place of a seal. See 
 "Seal." 
 
 SCRUET ROLL (called, also, scruet fini- 
 um, or simply scruet) . In old English law. 
 A record of the bail accepted in cases of 
 habeas corpus. The award was set down in 
 the remembrance roll, together with the 
 cause of commitment, the writ and return 
 were put on file, the bail was recorded in 
 the scruet. 3 How. St. Tr. 134, 135, arg. 
 For remembrance roll, see Reg. Michael. 
 1654, § 15. 
 
 SCRUTATOR (Lat. from serutari, to 
 search). In old English law. A bailiff 
 whom the king of England appointed in 
 places that were his in franchise or interest, 
 whose duty was to look after the king's 
 water rights; as flotsam, jetsam, wreck, 
 etc. 1 Harg. Tr. p. 23; Pat. 27 Hen. VL 
 parte 2, m. 20; Pat. 8 Ed. IV. parte 1, m. 
 22. 
 
 SCUTAGE (from Lat. scutum, a shield). 
 Knight service. Litt. § 99. The tax which 
 those who, holding by knight service, did 
 not accompany the king, had to pay on its 
 being assessed by parliament. Escuage cer- 
 tain was a species of socage where the com- 
 pensation for service was fixed. Litt. i§ 97, 
 98; Reg. Orig. 88; Wright, Ten. 121-134. 
 
 SCUTAGIO HABENDO. See "De Scuta- 
 gio Habendo." 
 
 SCYRA (Law Lat.) In old English law. 
 Shire; county; the inhabitants of a county. 
 Writ cited. Hale, Hist. Com. Law, 119. 
 
 A fine imposed upon such as neglected to 
 attend the scyre genwte courts, which all 
 tenants were bound to do. 
 
 SCYRE GEMOTE. The name of a court 
 among the Saxons. It was the court of the 
 shire, in Latin called curia comitatus, and 
 
SE DEFENDENDO 
 
 919 
 
 SEALS 
 
 the principal court among the Saxons. It 
 was holden twice a year for determining all 
 causes, both ecclesiastical and secular. 
 
 SE DEFENDENDO (Lat.) Defending him- 
 self. 
 
 Homicide se defendendo may be justifi- 
 able. See "Self-Defense." 
 
 SEA. The ocean; the great mass of water 
 which surrounds the land, and which ex- 
 tends from pole to pole, covering nearly 
 three-quarters of the globe. Waters within 
 the ebb and flow of the tide are to be con- 
 sidered the sea. Gilp. Dist. Ct. 526. 
 
 A large body of salt water communicat- 
 ing with the ocean is also called a sea; as, 
 the Mediterranean sea, etc. 
 
 Very large inland bodies of salt water are 
 also called seas; as, the Caspian sea, etc. 
 
 The open sea is public and common prop- 
 erty, and any nation or person has ordina- 
 rily an equal right to navigate it or to fish 
 therein (1 Kent, Comm. 27; Angell, Tide 
 Waters, 44-49; 1 Bouv. Inst. 170, 174), and 
 to land upon the seashore (1 Bouv. Inst. 
 173, 174) ; but it is generally conceded that 
 every nation has jurisdiction to the distance 
 of a cannon shot, or marine league, over the 
 waters adjacent to its shore (2 Cranch [U. 
 S.] 187, 234; Bynkershoek, Qu. Pub. Jur. 
 61; Vattel, 207). 
 
 SEA BATTERIES. Assaults by masters 
 in the merchant service upon seamen at sea. 
 
 SEA LAWS. Maritime laws, aa those of 
 Oleron, Wisbuy, and the Hanse Towns. 
 
 SEA LETTER, or SEA BRIEF. In mari- 
 time law. A document which should be 
 found on board of every neutral ship. It 
 specifies the nature and quantity of the 
 cargo, the place from whence it comes, and 
 its destination. Chit. Law Nat. 197; 1 
 Johns. (N. Y.) 192. 
 
 SEA REEVE. An officer in maritime 
 towns and places, who takes care of the 
 maritime rights of the lord of the manor, 
 watches the shore, and collects the wreck. 
 
 SEAL. Anciently, wax with an impres- 
 sion. Sigillum est cera impressa quia cera 
 sine impressione non est sigillum. 3 Inst. 
 169; 21 Pick. (Mass.) 417; 2 Caines (N. Y.) 
 362. 
 
 In more modern law, wax, wafer, or any 
 tenacious substance upon which an impres- 
 sion may be made. 5 Cush. (Mass.) 359; 5 
 Johns. (N. Y.) 239. 
 
 In many of the states, a scroll made with 
 a pen or printed (4 111. 12), such as the 
 letters "L. S.") (5 Wis. 549), or the word 
 "Seal" (28 Grat. [Va.] 627), is held suffi- 
 cient, and in some states this holding Is in- 
 dependent of statute (4 Ark. 195; 5 Cal. 
 315). See"L. S." 
 
 SEAL OF THE UNITED STATES. The 
 
 seal used by the United States in congress 
 assembled shall be the seal of the United 
 States, viz. : 
 
 Arms: Paleways of thirteen pieces, ar- 
 gent and gules; a chief azure; the escutch- 
 eon on the breast of the American eagle 
 displayed proper, holding in his dexter talon 
 an olive branch, and in his sinister a bundle 
 of thirteen arrows, all proper, and in his 
 beak a scroll, inscribed with this motto, 
 "E Pluribus unum." 
 
 For the Crest : Over the head of the eagle 
 which appears above the escutcheon, a glory, 
 or breaking through a cloud proper, and 
 surrounding thirteen stars, forming a con- 
 stellation argent on an azure field. 
 
 Reverse: A pyramid unfinished. In the 
 zenith, an eye in a triangle, surrounded with 
 a glory proper. Over the eye, these words, 
 "Annuit coeptis." On the base of the pyra- 
 mid, the numerical letters mdcclxxvi, and 
 underneath, the following motto, "Novua 
 ordo seclorum." Resolution of Congress, 
 June 20, 1782; Gordon, Dig. art. 207. 
 
 SEAL OFFICE. In English practice. The 
 office at which certain judicial writs are 
 sealed with the prerogative seal, and with- 
 out which they are of no authority. The 
 officer whose duty it is to seal such writs is 
 called "sealer of writs." 
 
 SEAL PAPER. A document issued by the 
 lord chancellor, previously to the commence- 
 ment of the sittings, detailing the business 
 to be done for each day in his court, and 
 in the courts of the lords justices and vice- 
 chancellors. The master of the rolls in like 
 manner issued a seal paper in respect of 
 the business to be heard before him. Smith, 
 Ch. Prac. 9. 
 
 SEALS. In Louisiana. A method of tak- 
 ing the effects of a deceased person into 
 public custody. 
 
 On the death of a person, according to 
 the laws of Louisiana, if the heir wishes to 
 obtain the benefit of inventory and the de- 
 lays for deliberating, he is bound, as soon 
 as he knows of the death of the deceased 
 to whose succession he is called, and before 
 committing any act of heirship, to cause the 
 seals to be afi^ed on the effects of the suc- 
 cession by any judge or justice of the peace. 
 Civ. Code La. art. 1027. 
 
 In ten days after this affixing of the seals, 
 the heir is bound to present a petition to 
 the judge of the place in which the succes- 
 sion is opened, praying for the removal of 
 the seals, and that a true and faithful inven- 
 tory of the effects of the succession be made. 
 Civ. Code La. art. 1028. 
 
 In case of vacant estates, and estates of 
 which the heirs are absent and not repre- 
 sented, the seals, after the decease, must be 
 affixed by a judge or justice of the peace 
 within the limits of his jurisdiction, and 
 may be fixed by him either ex officio or at 
 the request of the parties. Civ. Code La. 
 art. 1070. The seals are affixed at the re- 
 quest of the parties when a widow, a testa- 
 mentary executor, or any other person who 
 pretends to have an interest in a succession 
 
SEALED AND DELIVERED 
 
 920 
 
 SEARCH 
 
 or community of property, requires it. Id. 
 art. 1071. They are affiled ex offlcio when 
 the presumptive heirs of the deceased do 
 not all reside in the place where he died, 
 or if any of them happen to be absent. Id. 
 art. 1072. 
 
 The object of placing .the seals on the 
 effects of a succession is for the purpose of 
 preserving them, and for the interest of 
 third persons. Code Civ. La. art. 1068. 
 
 The seals must be placed on the bureaus, 
 coffers, armoires, and other things which 
 contain the effects and papers of the de- 
 ceased, and on the doors of the apartments 
 which contain these things, so that they 
 cannot be opened without tearing off, break- 
 ing, or altering the seals. Code Civ. La. 
 art. 1069. 
 
 The judge or justice of the peace who 
 affixes the seals is bound to appoint a guar- 
 dian, at the expense of the succession, to 
 take care of the seals and of the effects, of 
 which an account is taken at the end of the 
 proces verbal of the affixing of the seals. 
 The guardian must be domiciliated in the 
 place where the inventory is taken. Code 
 Civ. La. art. 1079. And the judge, when he 
 retires, must take with him the keys of all 
 things and apartments upon which the seals 
 have been affixed. Id. 
 
 The raising of the seals is done by the 
 judge of the place, or justice of the peace 
 appointed by him to that effect, in the pres- 
 ence of the witnesses of the vicinage, in the 
 same manner as for the affixing of the seals. 
 Code Civ. La. art. 1084. 
 
 SEALED AND DELIVERED. In convey- 
 ancing. The common formula of attesta- 
 tion of deeds and other instruments, writ- 
 ten immediately over the witnesses' names. 
 This has been retained without change from 
 the old practice, when sealing alone, with- 
 out signing, constituted a sufficient execu- 
 tion or authentication. 2 Bl. Comm. 306. 
 See 15 Ohio, 107. 
 
 In England, it has been held that the 
 words "sealed and delivered," in an attesta- 
 tion, does not import signing. 5 Maule & 
 S. 581; 3 Maule & S. 512; 4 Taunt. 213. 
 But the contrary has recently been held in 
 the supreme court of the United States. 
 8 How. (U. S.) 10, citing 6 Man. & G. 386. 
 
 SEALED INSTRUMENT. A writing, the 
 maker of which has affixed his seal, or that 
 , which is the legal equivalent of a seal, in 
 addition to his signature. Formerly the 
 seal alone was sufficient if it identified the 
 maker. 
 
 SEALING A VERDICT. In practice. The 
 putting a verdict in writing, and placing it 
 in an envelope, which is sealed. To relieve 
 jurors after they have agreed, it is not 
 unusual for the counsel to agree that the 
 jury shall seal their verdict and then sepa- 
 rate. When the court is again in session, 
 the jury come in and give their verdict in 
 all respects as if it had not been sealed; 
 and a juror may dissent from it if since 
 
 the sealing he has honestly changed his 
 mind. 8 Ohio, 405; 1 Gilm. 333; 3 Bouv. 
 Inst, note 3257. 
 
 SEAMAN. A sailor; a mariner; one whose 
 business is navigation. 2 Boul. P. Dr. Cora. 
 232; Code de Commerce, art. 262; Laws of 
 Oleron, art. 7; Laws of Wisbuy, art. 19. 
 
 In a statute, it has been held to include 
 persons engaged in fresh-water navigation. 
 2 Pet. Adm. (U. S.) 268. 
 
 The term "seamen," in its most enlarged 
 sense, includes the captain as well as other 
 persons of the crew; in a more confined 
 signification, it extends only to the common 
 sailors. 3 Pardessus, note 667. But the 
 mate (1 Pet. Adm. [U. S.] 246), the cook 
 and steward (2 Pet. Adm. [U. S.] 268), 
 and engineers, clerks, carpenters, firemen, 
 deck hands, porters, and chamber maids, 
 on passenger steamers, when necessary for 
 the service of the ship (1 Conkl. Adm. 107; 
 2 Pars. Mar. Law, 582; 1 Sumn. [U. S.] 
 170), are considered, as to their rights to 
 sue in the admiralty, as common seamen; 
 and persons employed on board of steam- 
 boats and lighters engaged in trade or 
 commerce on tide water are within the 
 admiralty jurisdiction; while those em- 
 ployed in ferryboats are not (Gilp. Dist. 
 Ct. 203, 532). Persons who do not con- 
 tribute their aid in navigating the vessel 
 or to its preservation in the course of 
 their occupation, as musicians, are not to 
 be considered as seamen, with a right to 
 sue in the admiralty for their wages. Gilp. 
 Dist. Ct. 516. See "Lien." 
 
 SEAMANSHIP. The skill of a good sea- 
 man ; an acquaintance with the art of navi- 
 gating and managing a ship or other vessel. 
 
 SEARCH. 
 
 In Criminal Law. An examination of 
 
 a man's house, premises, or person, for the 
 purpose of discovering stolen or contraband 
 goods, or proof of his guilt in relation to 
 some crime or misdemeanor of which he is 
 accused. 
 
 The constitution of the United States 
 (Amend, art. 4) protects the people from 
 unreasonable searches and seizures. 3 
 Story, Const. § 1895; Rawle, Const, c. 10, 
 p. 127; 10 Johns. (N. Y.) 263; 11 Johns. 
 (N. Y.) 500; 1 U. S. St. at Large, 651; 3 
 Cranch (U. S.) 447. 
 
 In Practice. An examination made in 
 
 the proper lien office for mortgages, liena, 
 judgments, or other incumbrances against 
 real estate. The certificate given by the 
 officer as to the result of such examination 
 is also called a "search." 
 
 Conveyancers and others who cause 
 searches to be made ought to be very care- 
 ful that they should be correct with regard 
 to the time during which the person against 
 whom the search has been made owned the 
 premises, to the property searched against, 
 which ought to be properly described, and 
 to the form of the certificate of search. 
 
SEARCH, RIGHT OF 
 
 921 
 
 SEAWORTHINESS 
 
 SEARCH, RIGHT OF. In international 
 law. The right existing in a belligerent to 
 examine and inspect the papers of a neutral 
 vessel at sea. On the continent of Europe 
 this is called the "right of visit." Dalloz, 
 "Prises Maritimes," notes 104-111. 
 
 The right does not extend to examine the 
 cargo, nor does it extend to a ship of war, 
 it being strictly confined to the searching 
 of merchant vessels. The exercise of the 
 right is to prevent the commerce of con- 
 traband goods. Although frequently re- 
 sisted by powerful neutral nations, yet this 
 right appears now to be fixed beyond con- 
 travention. The penalty for violently re- 
 sisting this right is the confiscation of the 
 property so withheld from visitation. Un- 
 less in extreme cases of gross abuse of his 
 right by a belligerent, the neutral has no 
 right to resist a search. 1 Kent, Comm. 
 154; 2 Brown, Civ. & Adm. Law, 319. 
 
 The right of search — or rather of visita- 
 tion — in time of peace, especially in its 
 connection with the efforts of the British 
 government for the suppression of the slave 
 trade, has been the subject of much dis- 
 cussion (Wheaton, Right of Search; Life 
 of General Cass [by Smith] cc. 25, 26; 
 Webster, Works, vol. 6, 329, 335, 338), and 
 the documents relating to this subject com- 
 municated to congress from time to time, 
 and most of the works on international law, 
 may be profitably examined by those who 
 desire to trace the history and understand 
 the merits of the questions involved in the 
 proposed exercise of this right. See, also, 
 Edinburgh Review, vol. 11, p. 9; Foreign 
 Quarterly Review, vol. 35, p. 211 ; 3 Phillim. 
 Int. Law, Index, tit. "Visit and Search." 
 
 SEARCH WARRANT. In practice. A war- 
 rant requiring the officer to whom it is ad- 
 dressed to search a house, or other place, 
 therein specified, for stolen, contraband or 
 illicit property therein, and, if the same 
 shall be found upon such search, to bring 
 the goods so found, together with the body 
 of the person occupying the same, who is 
 named, before the justice or other officer 
 granting the warrant, or some other justice 
 of the peace, or other lawfully authorized 
 officer. 
 
 SEARCHER. In English law. An officer 
 of the customs, whose duty it is to examine 
 and search all ships outward bound, to as- 
 certain whether they have any prohibited 
 or unaccustomed goods on board. 
 
 SEASHORE. That space of land on the 
 border of the sea which is alternately cov- 
 ered and left dry by the rising and falling 
 of the tide; or, in other words, that space 
 of land between high and low water mark. 
 Harg. Tr. 12; 6 Mass. 485, 439; 1 Pick. 
 (Mass.) 180, 182; 5 Day (Conn.) 22; 12 
 Me. 287; 2 Zab. (N. J.) 441; 27 Eng. Law 
 & Eq. 242; 4 De Gex. M. & G. 206. See 
 "Tide;" "Tide Water." 
 
 SEATED LANDS. In the early land leg- 
 islation of some of the United States, "seat- 
 
 ed" is used, in connection with "improved," 
 to denote lands of which actual possession 
 was taken. 5 Pet. (U. S.) 468. 
 
 SEAWANT. , In old American law. The 
 Dutch name for wampum, or Indian money, 
 which consisted of perforated beads, manu- 
 factured from the inside of shells, and 
 strung together. O'Callaghan's N. Nether- 
 lands, i. 60, 61. Id. ii. 543. 
 
 SEAWEED. A species of grass which 
 grows in the sea. When cast upon land, it 
 belongs to the owner of the land adjoining 
 the seashore, upon the grounds that it in- 
 creases gradually, that it is useful as ma- 
 nure and i a protection to the ground, and 
 that it is some compensation for the en- 
 croachment of the sea upon the land. 2 
 Johns. (N. Y.) 313, 323. See 5 Vt. 223. 
 
 The French differs from our law in this 
 respect, as seaweeds there, when cast on 
 the beach, belong to the first occupant. Dal- 
 loz, "Propriete," art. 3, § 2, note 128. 
 
 SEAWORTHINESS. In maritime law. 
 The sufficiency of the vessel in materials, 
 construction, equipment, officers, men, and 
 outfit, for the trade or service in which it 
 is employed. 5 M. & W. 414, 9 L. J. Ex. 48. 
 
 Any sort of disrepair left in the ship, by 
 which she or the cargo may suffer, is a 
 breach of the warranty of seaworthiness. A 
 deficiency of force in the crew, or of skill in 
 the master, mate, etc., is a want of sea- 
 worthiness. 1 Campb. 1; 14 East, 481; 4 
 Duer (N. Y.) 234. 
 
 If the assurance attaches before the voy- 
 age commences, it is enough that the state 
 of the ship be commensurate to the then 
 risk; and, if the voyage be such as to re- 
 quire a different complement of men, or 
 state of equipment in different parts of it, 
 as if it were a voyage down a canal or river 
 and thence across to the open sea, it would 
 be enough if the vessel were, at the com- 
 mencement of each stage of the navigation, 
 properly manned and equipped for it. 5 
 M. & W. 414; 8 lb. 895; 9 L. J. Ex. 48. 
 And if there was once a sufficient crew, 
 their temporary absence will not be con- 
 sidered a breach of the warranty. 2 Barn. 
 & Aid. 73; 1 Johns. Cas. (N. Y.) 184; 1 
 Pet. (U. S.) 183. A vessel may be rendered 
 not seaworthy by being overloaded. 2 Barn. 
 & Aid. 320. 
 
 It can never be settled by positive rules 
 of law how far this obligation of seaworthi- 
 ness extends in_ any particular case, for 
 the reason that improvements and changes 
 in the means and modes of navigation fre- 
 quently require new implements, or new 
 forms of old ones; and these, though not 
 necessary at first, become so when there 
 is an established usage that all ships of 
 a certain quality, or those to be sent on 
 certain voyages, or used for certain pur- 
 poses, shall have them. 2 Pars. Mar. Law, 
 134. Seaworthiness is, therefore, in gen- 
 eral, a question of fact for the jury. Id. 
 
SEBASTOMANIA 
 
 923 
 
 SECRETARY OP LEGATION 
 
 187; 1 Pet. (U. S.) 170, 184; 1 Bouv. Inst. 
 441. 
 
 SEBASTOMANIA. In medical Jurispru- 
 dence. Religious insanity; demonomania. 
 
 SECK. A want of remedy by distress. 
 Litt. § 218. See "Rent." Want of present 
 fruit or profit, as in the case of the rever- 
 sion without rent or other service, except 
 fealty. Co, Litt. 151b, note 5. 
 
 SECOND DELIVERANCE. In practice. 
 The name of a writ given by the statute 
 of Westminster II. (13 Edw. I. c. 2), 
 founded on the record of a former action of 
 replevin, 2 Inst. 341. It commands the 
 sheriff, if the plaintiff make him secure of 
 prosecuting his claim and returning the 
 chattels which were adjudged to the de- 
 fendant by reason of the plaintiff's default, 
 to make deliverance. On being nonsuited, 
 the plaintiff in replevin might, at common 
 law, have brought another replevin, and so 
 ad infinitum, to the intolerable vexation of 
 the defendant. The statute of Westmin- 
 ster restrains the plaintiff, when nonsuited, 
 from so doing, but allows him this writ, 
 issuing out of the original record, in order 
 to have the same distress delivered again 
 to him, on his giving the like security as 
 before. 3 Bl. Comm. 150; Pitzh. Nat. Brev. 
 68. 
 
 SECOND DISTRESS. By 17 Car. It. c. 7, 
 § 4, in all cases where the value of the 
 cattle distrained shall not be found to be 
 of the full value of the arrears distrained 
 for, the party to whom such arrears are 
 due, his executors or administrators, may 
 distrain again for the said arrears; but a 
 second distress cannot, it seems, be at all 
 justified, where there is enough which 
 might have been taken upon the first, if 
 the distrainer had then thought proper; 
 for a man who has an entire duty, as rent, 
 for example, shall not split the entire sum, 
 and distrain for one part of it at one time, 
 and for the other part of it at another 
 time, and so toties quoties for several times, 
 for that would be great oppression. Whar- 
 ton. 
 
 SECOND-HAND EVIDENCE. Hearsay, be- 
 cause the facts were perceived or discov- 
 ered by some other than the witness testi- 
 fying or by an agency extraneous to that 
 producing the evidence offered. 
 
 SECOND SURCHARGE, WRIT OF. The 
 
 name of a writ issued in England against 
 a commoner who has a second time sur- 
 charged the common. 3 Bl. Comm. 239. 
 
 SECONDS. Assistants at a duel. They 
 are equally guilty with the principals under 
 many of the statutes against duelling. See 
 "Duelling." 
 
 SECONDARY. In English law. An officer 
 who is second or next to the chief officer; 
 as, secondaries to the prothonotaries of the 
 
 courts of king's bench or common pleas; 
 secondary of the remembrancer in the ex- 
 chequer, etc. Jacob. 
 
 In Medical Practice. Secondary is the 
 
 term for a disease which is not the pri- 
 mary cause of death. 39 L. J. Ex. 214; L. 
 R. 5 Ex. 302; 34 L. J. C. P. 28; 17 C. B. 
 N. S. 122. 
 
 SECONDARY (or DERIVATIVE) CON- 
 veyances. Those which presuppose some 
 other conveyance precedent, and only serve 
 to enlarge, confirm, alter, restrain, restore, 
 or transfer the interest granted by such 
 original conveyance. 2 Bl. Comm. 324*. 
 
 SECONDARY EASEMENT. A kind of ap- 
 pendancy or appurtenancy of one easement 
 to or upon another easement, passing with 
 the principal easement, as being necessary 
 or convenient to the enjoyment of the same. 
 116 111. 20. 
 
 SECONDARY EVIDENCE. That species 
 of proof which is admissible on the loss of 
 primary evidence, and which becomes by 
 that event the best evidence. 3 Bouv. Inst, 
 note 3055. See "Evidence." 
 
 SECONDARY USE. A use limited to take 
 effect in derogation of a preceding estate, 
 otherwise called a "shifting use," as a con- 
 veyance to the use of A. and his heirs, with 
 a proviso that, when B. returns from India, 
 then to the use of C. and his heirs. 1 Steph. 
 Comm. 546. 
 
 SECRET COMMITTEE. A secret commit- 
 tee of the house of commons is a committee 
 specially appointed to investigate a certain 
 matter, and to which secrecy^ being deemed 
 necessary in furtherance of its objects, its 
 proceedings are conducted with closed doors, 
 to the exclusion of all persons not members 
 of the committee. All other committees are 
 open to members of the house, although 
 they may not be serving upon them. Brown. 
 
 SECRET PARTNERSHIP. See "Partner." 
 
 SECRET TRUSTS. Where a testator 
 gives property to a person, on a verbal 
 promise by the legatee or devisee that he 
 will hold it in trust for another person, this 
 is called a "secret trust." The English 
 rule is, that if the secret trust would have 
 been valid as an express trust, it will be 
 enforced against the legatee or _ devisee, 
 while if it would have been invalid as an 
 express trust, e. g., by contravening the 
 provisions of the mortmain act, the gift 
 fails altogether, so that neither the devisee 
 or legatee, nor the object of the trust, takes 
 any benefit by it. Lewln, Trusts, 51 ; Wat- 
 son, Comp. Eq. 54. 
 
 SECRETARY OF DECREES AND IN- 
 
 junctions. An officer of the English court of 
 chancery. The office was abolished by St. 
 15 & 16 Vict. c. 87, § 23. 
 
 SECRETARY OF LEGATION. An officer 
 employed to attend a foreign mission, and 
 to perform certain duties as clerk. 
 
SECRETARY OF STATE 
 
 923 
 
 SECTION 
 
 His salary is fixed by the act of congress 
 of May 1, 1810 (section 1), at such a sum 
 as the president of the United States may 
 allow, not exceeding two thousand dollars. 
 
 The salary of a secretary of embassy, or 
 the secretary of a minister plenipotentiary, 
 is the same as that of a secretary of lega< 
 tion. . . 
 
 Private secretaries of a minister must 
 not be confounded with secretaries of em- 
 bassy or of legation. Such private secre- 
 taries are entitled to protection only as 
 belonging to the suite of the ambassador. 
 
 The functions of a secretary of legation 
 consist in his employment by his minister 
 for objects of ceremony; in making verbal 
 reports to the secretary of state or other 
 foreign ministers; in taking care of the 
 archives of the mission; in ciphering and 
 deciphering despatches; in sometimes mak- 
 ing rough draughts of the notes or letters 
 which the minister writes to his colleagues 
 or to the local authorities; in drawing up 
 proces verbaux; in presenting passports to 
 the minister for his signature, and deliver- 
 ing them to the persons for whom they are 
 intended; and, finally, in assisting the min- 
 ister, under whom he is placed, in every- 
 thing concerning the affairs of the mission. 
 In the absence of the minister, he is ad- 
 mitted to conferences, and to present notes 
 signed by the minister. 
 
 SECRETARY OF STATE. The word "sec- 
 retary" is synonymous with the word 
 "clerk" or "scribe," and it means a person 
 employed to write orders, records and the 
 like, so that the title "Secretary of State," 
 in and of itself implies an officer who is 
 charged with the duties of keeping the 
 official records of the State, — not only as 
 regards the acts and doings of the chief 
 executive, but of the legislative branch as 
 well. 254 111. 34. . 
 
 SECTA (Lat. sequor, to follow). The 
 persons, two or more in number, whom the 
 plaintiff produced in court, in the ancient 
 form of proceedings, immediately upon 
 making his declaration, to confirm the alle- 
 gations therein, before they were called in 
 question by the defendant's plea. Bracton, 
 214a. The word appears to have been used 
 as denoting that these persons followed 
 the plaintiff into court; that is, came in a 
 matter in which the plaintiff was the 
 leader, or one principally concerned. The 
 actual production of "suit" was discon- 
 tinued very early (3 Bl. Comm. 295), but 
 the formula "et inde producit sectam" (for 
 which, in more modern pleadings, "and 
 thereupon he brings suit" is substituted) 
 continued till the abolition of the Latin 
 form of pleadings (Steph. PI. 429, 430). 
 The count in dower and writs of right did 
 not so conclude, however. 1 Chit. PI. 399. 
 A suit or action. Hob. 20; Bracton, 399b. 
 A suit of clothes. Cowell; Spelman. 
 
 SECTA AD CURIAM. A writ that lay 
 against him who refused to perform his 
 
 suit either to the county court or the court 
 baron. Cowell. 
 
 SECTA AD FURNUM. Suit due a public 
 bake house. 
 
 SECTA AD JUSTICIAM FACIENDAM. In 
 old English law. A service which a man 
 is bound to perform by his fee. 
 
 SECTA AD MOLENDRINUM. A service 
 arising from the usage, time out of mind, 
 of carrying corn to a particular mill to be 
 ground. 3 Bl. Comm. 235. A writ adapted 
 to the injury lay at the old law. Fitzh. 
 Nat. Brev. 123. 
 
 SECTA AD TORRALE. Suit due a man's 
 kiln or malt house. 3 Bl. Comm. 235. 
 
 SECTA CURIAE. Suit at court. The serv- 
 ice due from tenants to the lord of attend- 
 ing his courts baron, both to answer com- 
 plaints alleged against themselves, and for 
 the trial of their fellow tenants. 2 Bl. 
 Comm. 54. 
 
 SECTA EST PUGNA CIVILIS; SICUT 
 actores armantur actionibus, et quasi accln- 
 guntur gladils, Ita rel (e contra) muniuntur 
 exceptlonibus, et defenduntur quasi clypels. 
 A suit is a civil battle, for as the plaintiffs 
 are armed with actions, and, as it were, girt 
 with swords, so, on the other hand, the de- 
 fendants are fortified with pleas, and de- 
 fended, as it were, by helmets. Hob. 20; 
 Bracton, 339b. 
 
 SECTA FACIENDA PER ILLAM QUAE 
 habet eniciam partem. A writ to compel the 
 heir, who has the elder's ^avt of the co- 
 heirs, to perform suit and services for all 
 the coparceners. Reg. Orig. 177. 
 
 SECTA QUAE SCRIPTO NITITUR A 
 scripto variarl non debet. A suit which re- 
 lies upon a writing ought not to vary from 
 the writing. Jenk. Gent. Cas. 65. 
 
 SECTA REGALIS. A suit so called by 
 which all persons were bound twice in the 
 year to attend in the sheriff's tourn, in 
 order that they might be informed of things 
 relating to the public peace. It was so 
 called because the sheriff's tourn was the 
 king's leet, and it was held in order that 
 the people might be bound by oath to bear 
 true allegiance to the king. Cowell. 
 
 SECTA UNICA TANTUM FACIENDA 
 pro plurlbus haereditatlbus. A writ for an 
 heir who was distrained by the lord to do 
 more suits than one, that he should be al- 
 lowed to do one suit only in respect of the 
 land of divers heirs descended to himi 
 Cowell. 
 
 SECTATORES. Suitors of court who, 
 among the Saxons, gave their judgment or 
 verdict in civil suits upon the matter of 
 fact and law. 1 Reeve, Hist. Eng. Law, 22. 
 
 SECTION. A division of land one mile 
 square, containing six hundred and forty 
 
SECTION OF LAND 
 
 924 
 
 SEDITION 
 
 acres, established by the United States gov- 
 ernment survey of the public domain. See 
 "Range;" "Section of Land;" "Township." 
 
 SECTION OF LAND. A parcel of govern- 
 ment land containing six hundred and forty 
 acres. The lands of the United States are 
 surveyed into parcels of six hundred and 
 forty acres; each such parcel is called a 
 "section." 
 
 These sections are divided into half-sec- 
 tions, each of which contains three hundred 
 and twenty acres, and into quarter-sections 
 of one hundred and sixty acres each. See 
 2 Washb. Real Prop. 
 
 SECTORES (Lat.) In Roman law. Bid- 
 ders at an auction. Bab. Auct. 2. 
 
 SECUNDUM. According to. 
 
 Secundum Aequum et Bonum. Ac- 
 cording to what is just and right. 
 
 Secundum Allegata et Probata. Ac- 
 cording to that which is alleged and proved. 
 
 Secundum Consuetudlnem Maneril. 
 
 According to the custom of the manor. 
 
 Secundum Formam Statuti. Accord- 
 ing to the form of the charter (deed). 
 
 Secundum Formam Doni. According 
 
 to the form of the gift or grant. See 
 "Formedon." 
 
 Secundum Formam Statuti. Accord- 
 ing to the form of the statute. 
 
 Secundum Legem Communem. Ac- 
 cording to the common law. 
 
 ——Secundum Naturam est, Commoda 
 Cujusque rei eum SequI, quern Sequuntur In- 
 commoda. It Is natural that he who bears 
 the charge of a thing should receive the 
 profits. Dig. 50. 17. 10. 
 
 Secundum Normam Legis. According 
 
 to the rule of law; by the rule of law. 
 
 Secundum Regulam. Accordinf to the 
 
 rule; by rule. 
 
 Secundumi Subjectam Materiam.. Ac- 
 cording to the subject matter. 1 Bl. Comm. 
 229. All agreements must be construed se- 
 ewndum subjectam, materiam, if the matter 
 will bear it. 2 Mod. 80, arg. Delivery must 
 be secundum subjectam Tnateriam,. 2 Kent, 
 Comm. 439. 
 
 SECURITAS. 
 
 In old English Law. Security; surety. 
 
 In the Civil Law. An acquittance or 
 
 release. Spelman; Calv. Lex. 
 
 SECURITATEM INVENIENDI. An an- 
 cient writ, lying for the sovereign, against 
 any of his subjects, to stay them from going 
 out of the kingdom to foreign parts; the 
 ground whereof is that every man is bound 
 to serve and defend the commonwealth as 
 the crown shall think fit. Fitzh. Nat. Brev. 
 115. 
 
 SECURITATI8 PACI8. In old English 
 law. Security of the peace. A writ that 
 lay for one who was threatened with death 
 or bodily harm by another, against him 
 who- so threatened. Reg. Orig. 88. 
 
 SECURITY. That which renders a matter 
 sure; an instrument which renders more 
 certain the performance of a contract. Any- 
 thing that makes money more assured in its 
 payment, or more readily recoverable, as 
 distinguished from a mere evidence of debt. 
 
 A person who becomes the surety for 
 another, or who engages himself for the 
 performance of another's contract. See 3 
 Blackf. (Ind.) 431. 
 
 SECURITY FOR COSTS. Security given 
 by a party to an action to pay any costs 
 which may be adjudged against him there- 
 in. 
 
 Such security is required by statute in 
 various cases, as on appeal, on the bringing 
 of suit by a nonresident, etc. 
 
 SECURITY FOR GOOD BEHAVIOR. Giv- 
 ing surety of the peace (q. v.) 
 
 SECURIUS EXPEDIUNTUR NEGOTIA 
 commissa pluribus, et plus vident oculi 
 quam oculus. Business Intrusted to several 
 speeds best, and several eyes see more than 
 one eye. 4 Coke, 46. 
 
 SECUS (Lat.) Otherwise. 
 
 SED NON ALLOCATUR (Lat. but it Is not 
 allowed). A phrase used in the old reports 
 to signify that the court disagreed with the 
 arguments of counsel. "It was argued," 
 etc., "sed non allocatur." 
 
 SED PER CURIAM (Lat. but by the 
 court). An expression sometimes found in 
 the reports, after the opinion of a single 
 judge, to introduce that of the court which 
 differs from that of the single judge. 
 
 SED VIDE (Lat.) But see. 
 
 SEDERUNT, ACTS OF. In Scotch law. 
 Certain ancient ordinances of the court of 
 session, conferring upon the courts power 
 to establish general rules of practice. Bell, 
 Diet. 
 
 SEDITION. In criminal law. The raising 
 commotions or disturbances in the state. 
 195 Mich. 293. It is a revolt against legiti- 
 mate authority. Ersk. Inst. 4. 4. 14; Dig. 
 49. 16. 3. § 19, not amounting to insurrec- 
 tion. Excitement of discontent against the 
 government, or of resistance to lawful au- 
 thority; conduct tending to treason, but 
 without an overt act. 195 Mich. 293. 
 
 The distinction between "sedition" and 
 "treason" consists in this, that though the 
 ultimate object of sedition is a violation of 
 the public peace, or at least such a course 
 of measures as evidently engenders it, yet 
 it does not aim at direct and open violence 
 against the laws, or the subversion of the 
 constitution. Alls. Crim. Law, 580. 
 
 The obnoxious act of July 14, 1798 (1 
 Story, U. S, Laws, 543), was called the "se- 
 dition law," because Its profesged object 
 was to prevent disturbances. 
 
 In the Scotch law, sedition is either ver- 
 bal or real. Verbal is inferred from the 
 
SEDUCTION 
 
 925 
 
 SEISIN 
 
 uttering of words tending to create discord 
 between the king and his people; real sedi- 
 tion is generally committed by coi^vocating 
 together any considerable number of peo- 
 ple, without lawful authority, uiider the 
 pretense of redressing some public griev- 
 ance, to the disturbing of the public peace. 
 Ersk. Inst. 4, 4. 14. 
 
 SEDUCTION. 
 
 As a Tort. At common law, the act of 
 
 a man in inducing a woman to have unlaw- 
 ful sexual intercourse with him. The use 
 of seductive arts was not essential. The 
 woman herself had no action for damages 
 except in case of a breach of a marriage 
 promise, the only civil remedy being that 
 of her parent, based on loss of services. 
 89 111. 543; 49 Mich. 540. 
 
 By statute in many states, the woman 
 has the right to sue in her own name, but 
 such statutes generally provide that the 
 seduction must be under promise of mar- 
 riage, or by seductive arts and devices. 
 
 ^— As a Crime. The crime is statutory, 
 and consists generally in inducing an un- 
 married female of previous chaste charac- 
 ter to submit to sexual intercourse by 
 promise of marriage, or, in some states, by 
 other seductive means. 
 
 "The exact amount or what kind of se- 
 ductive art is necessary to establish the 
 offense cannot be defined. Every case must 
 stand on its own peculiar circumstances, 
 together with the condition in life, advan- 
 tages, age, and intelligence of the parties." 
 32 Iowa, 262. The intercourse must be 
 accomplished by artifice and deception, and 
 not by a yielding of the woman from mere 
 lust. 79 Ala. 14. 
 
 Where a promise of marriage is required, 
 it need not be valid, if it is believed by the 
 woman to be so. 26 N. Y. 203. The woman 
 must be induced by the promise to submit. 
 108 Ind. 406. 
 
 "No one can contend with any degree of 
 plausibility that a virtuous female can be 
 seduced without any of those arts, wiles, 
 and blandishments so necessary to win the 
 hearts of the weaker sex. To say that such 
 a one was seduced by simply a blunt oflFer 
 of wedlock in futuro, in exchange for sexual 
 favors in presenti is an announcement that 
 smacks too much of a bargain and barter, 
 and not enough of betrayal. This is hire 
 or salary, not seduction." 97 Mo. 668. 
 
 SEIGNIOR, or SEIGNEUR. Among the 
 feudists, this name signified lord of the fee. 
 Fitzh. Nat. Brev. 23. The most extended 
 signification of this word includes not only 
 a lord or per of parliament, but is applied 
 to the owner or proprietor of a thing; hence 
 the owner of a hawk, and the master of a 
 fishing vessel, is called a "seigneur." 37 
 Edw. III. c. 19; Barr. Obs. St. 258. 
 
 SEIGNIOR IN GROSS. A lord without a 
 manor, simply enjoying superiority and 
 service 
 
 SEIGNIORAGE. A royalty or prerogative 
 of the sovereign, whereby an allowance of 
 gold and silver, brought in the mass to be 
 exchanged for coin, is claimed. 
 
 In the United States. The mint charge 
 
 for coining bullion. 
 
 SEIGNIORESS. A female superior. 
 
 SEIGNIORY. In EJngUsh law. The rights 
 of a lord, as such, in lands. Swinb. Wills, 
 174. 
 
 SEISED IN DEMESNE AS OF FEE. The 
 
 precise technical phrase to express a fee 
 simple in possession in a corporeal heredi- 
 tament, the words "in demesne" signifying 
 that he is seised as owner of the land itself, 
 and not merely of the seigniory or services; 
 and the words "as of fee" importing that 
 he is seised of an estate of inheritance in 
 fee simple. 2 Bl. Comm. 105; Steph. 
 Comm. 22. 
 
 SEISI. In old English law. Seised; pos- 
 sessed. 
 
 SEISIN. The completloli of the feudal In- 
 vestiture, by which the tenant was admitted 
 into the feud, and performed the rites of 
 homage and fealty. Stearns, Real Actions, 2. 
 
 Possession with an intent on the part of 
 him who holds it to claim a freehold in- 
 terest. 8 N. H. 58; 1 Washb. Real Prop. 
 35; 115 111. 183. 
 
 Immediately upon the investiture or liv- 
 ery of seisin, the tenant became tenant of 
 the freehold; and the term "seisin" orig- 
 inally contained the idea of possession de- 
 rived from a superior lord of whom the 
 tenant held. There could be but one seisin, 
 and the person holding it was regarded for 
 the time as the rightful owner. Litt. § 701 ; 
 1 Spence, Eq. Jur. 136. In the early his- 
 tory of the country, livery of seisin seems 
 to have been occasionally practiced. See 
 1 Washb. Real Prop. 34, note; Colony Laws 
 (Mass.) 85, 86; Smith, Landl. & Ten. (Mor- 
 ris Ed.) 6, note. 
 
 Seisin and ownership, as to corporeal 
 hereditaments, in the common law sense 
 of the term, mean practically the same 
 thing. 115 111. 182. 
 
 In Connecticut, Massachusetts, Pennsyl- 
 vania, and Ohio, seisin means merely 
 "ownership," and the distinction between 
 seisin in deed and in law is not known in 
 practice. Walk. Am. Law, 324, 330; 4 Day 
 (Conn.) 305; 4 Mass. 489; 14 Pick. (Mass.) 
 224; 6 Mete. (Mass.) 439. A patent by the 
 commonwealth, in Kentucky, gives a right 
 Df entry, but not actual seisin. 3 Bibb 
 (Ky.) 57. 
 
 Seisin in fact is possession with intent 
 on the part of him who holds it to claim a 
 freehold interest. 
 
 Seisin in law is a right of immediate 
 possession according to the nature of the 
 estate. Cowell; tiomyn. Dig. "Seisin" (A 
 1, 2). See "Livery of Seisin." 
 
SEISIN, LIVERY OF 
 
 926 
 
 SEMAYNE'S CASE 
 
 SEISIN, LIVERY OF. See "Livery of 
 Seisin." 
 
 SEISIN OX. In Scotch law. A perquisite 
 formerly due to the sheriff when he gave 
 possession to an heir holding crown lands. 
 It was long since converted into a payment 
 in money, proportioned to the value of the 
 estate. Bell, Diet. 
 
 SEISINA (Law Lat.) Seisin. 
 
 SEISINA FACIT STIPITEM. Seisin makes 
 the stock. 2 Bl. Comm. 209; Broom, Leg. 
 Max. (3d London Ed.) 466; 1 Staph. Comm. 
 367; 4 Kent, Comm. 388, 389; 13 Ga. 238. 
 
 SEISINA HABENOA. A writ for delivery 
 of seisin to the lord, of lands and tene- 
 ments, after the sovereign, in right of his 
 prerogative, had - had the year, day, and 
 waste on a felony committed, etc. Reg. 
 Orig. 165. 
 
 SEIZIN. See "Seisin." 
 
 SEIZING OF HERIOTS. Taking the best 
 beast, etc., where an heriot is due, on the 
 death of the tenant. 2 Bl. Comm. 422. 
 
 SEIZURE. In practice. A forcible taking 
 possession. 62 L. J. Q. B. 343; 10 Q. B. 
 D. 432. The act of taking possession of the 
 property of a person condemned by the 
 judgment of a competent tribunal to pay a 
 certain sum of money, by a sheriff, con- 
 stable, or other officer lawfully authorized 
 thereto, by virtue of an execution, for the 
 purpose of having such property sold accord- 
 ing to law to satisfy the judgment. The 
 taking possession of goods for a violation 
 of a public law; as, the taking possession 
 of a ship for attempting an illicit trade. 
 2 Cranch (U. S.) 187; 4 Wheat. (U. S. 
 100); 1 Gall. (U. S.) 75; 2 Wash. C. C. 
 (U. S.) 127, 567; 6 Cow, (N. Y.) 404. 
 
 SELECT. Choice; to choose; to take one 
 thing rather than another. 61 111. 119. 
 To pick out or take from among a num- 
 ber. There can be no selection, where 
 there is nothing left. One may take the 
 whole, but he cannot select the whole. 21 
 111. 104. 
 
 SELECTI JUDICES (Lat.) In Roman law. 
 Judges who were selected very much like 
 our juries. They were returned by the 
 •praetor, drawn by lot, subject to be chal- 
 lenged and sworn. 3 Bl. Comm. 366. 
 
 SELECTMEN. The name of certain town 
 officers in several states of the United 
 States, who are invested by the statutes 
 of the states with extensive powers for the 
 conduct of the town business. 
 
 SELF-DEFENSE. The protection by force 
 of one's person or property from unlawful 
 injury. The force used must be no more 
 than is reasonably necessary to repel the 
 threatened injury, and must be propor- 
 tioned to the nature of the injury appre-' 
 
 hended. Thus, an assault with the hand 
 cannot be repelled by the use of a deadly 
 weapon. 77 Ind. 274; 34 Ohio St. 98. 
 
 As a general rule, an assault threaten- 
 ing death or serious bodily injury, the in- 
 fliction of which would amount to a felony, 
 may be resisted to the taking of life (29 
 Ohio St. 186; 8 Mich. 150), but not an 
 assault which is but a misdemeanor (2 N. 
 Y. 193). 
 
 Unlawful injury to property may be re- 
 sisted by force short of the taking of life 
 (148 Mass. 529; 56 Vt. 703), but the taking 
 of life in defense of property is only justi- 
 fiable when it is necessary in order to pre- 
 vent a felony attempted by violence or sur- 
 prise, as burglary, robbery, or arson (4 Bl. 
 Comm. 180; 25 Grat. [Va.] 887; 31 Conn. 
 479) , but not secret felonies, such ais larceny 
 (71 Ala. 330). 
 
 SELF-DESTRUCTION. See "Suicide." 
 
 SELF-EXECUTING —CONSTITUTIONAL 
 provisions. Constitutional provisions are 
 self-executing when it appears they shall 
 take immediate effect, and ancillary legis- 
 lation is not necessary to the enjoyment of 
 the right thus given, or the enforcement 
 of the duty thus imposed; a provision com- 
 plete in itself. 265 Mo. 26; 175 S. W. 940; 
 Ann. Cas. 1916 D 6; 54 Colo. 117; 129 
 Pac. 198. 
 
 Order. A self-executing order is one 
 
 requiring no ministerial act to become ef- 
 fective. 164 Iowa 417. 
 
 SELF-REGARDING EVIDENCE. Evi- 
 dence which either serves or disserves the 
 party is so called. This species of evidence 
 is either self-serving (which is not in gen- 
 eral receivable), or self -disserving, which 
 is invariably receivable, as being an ad- 
 mission against the party offering it, and 
 that either in court or out of court. Brown. 
 
 SELION OF LAND. A ridge of ground 
 rising between two furrows, containing no 
 certain quantity, but sometimes more and 
 sometimes less. Termes de la Ley. 
 
 SELLER. One who disposes of a thing in 
 consideration of money; a vendor. 
 
 This term is more usually applied in the 
 sale of chattels; that of "vendor" in the 
 sale of estates. See "Sale." 
 
 SELLER THE MONTH. The term as used 
 on the board of trade means that the seller 
 has until the last day of the month in which 
 to make a delivery of any grain contracted 
 to be sold. 79 111. 353. 
 
 SEMAYNE'S CASE. This case decided, in 
 2 Jac. I., that "every man's house [meaning 
 his dwelling-house only] is his castle," and 
 that the defendant may not break open 
 outer doors in general, but only inner doors, 
 but that (after request made) he may break 
 open even outer doors to find goods of an- 
 other wrongfully in the house. Brown. 
 
SEMBLE 
 
 927 
 
 SENATORS OF THE COLLEGE 
 
 SEMBLE (Fr. it seems). A term fre- 
 quently used before the statement oi a point 
 of law which has not been directly settled, 
 but about which the court have expressed 
 an opinion, and intimated what a decision 
 would be. 
 
 SEMEL CIVIS SEMPER CIVIS. Once a 
 citizen always a citizen. Tray. Lat. Max. 
 555. 
 
 SEMEL MALUS SEMPER PRAESUMl- 
 tur esse malus in eodem genere. Whoever 
 is once bad is presumed to be so always in 
 the same degree. Cro. Car. 317. 
 
 SEMESTRIA. In the civil law, the col- 
 lected decisions of the emperors in their 
 councils. 
 
 SEMESTRIS, or SEMESTRE (Lat. from 
 sea;, six, and mensis, month). Of, or for 
 six months. Dig. 27. 1. 41 ; St. Westminster 
 IL c. 5; 2 Inst. 361. 
 
 SEMI-MATRIMONIUM (Lat.) In Roman 
 law. Half-marriage. Concubinage was so 
 called. Tayl. Civ. Law, 273.. 
 
 SEMI-NAUFRAGIUM (Lat.) A term used 
 by Italian lawyers, which literally signifies 
 "half-shipwreck," and by which they under- 
 stand the jetsam, or casting merchandise 
 into the sea to prevent shipwreck. Locre, 
 Esp. du Code de Com. art. 409. The state of 
 a vessel which has been so much injured by 
 tempest or accident that to repair the dam- 
 ages, after being brought into port, and pre- 
 pare her for sea, would cost more than her 
 worth. 4 Bost. Law Rep. 120. 
 
 SEMI-PROOF. In civil law. Presumption 
 of fact. This degree of proof is thus de- 
 fined: "Non est ignorandum, probationem 
 semiplenam earn esse, per quam rei gestae 
 fides aliqua fit judici; non tamen tanta ut 
 jure debeat in pronuncianda sententia earn 
 sequi." Mascardus, de Prob. vol. 1, quaest. 
 11, note 1, 4. 
 
 SEMPER (Lat.) Always. 
 
 SEMPER IN DUBIIS BENIGNIORA 
 praeferunda sunt. In dubious cases, the 
 more liberal constructions are always to be 
 preferred. Dig. 50. 17. 56. 
 
 SEMPER IN DUBIIS ID AGENDUM EST, 
 ut quam tutissimo loco res sit bona fide con- 
 tracta, nisi quum aperte contra leges scrip- 
 tum est. Always, in doubtful cases, that is 
 to be done by which a bona fide contract may 
 be in the greatest safety, except when its 
 provisions are clearly contrary to law. Dig. 
 34. 5. 21. 
 
 SEMPER IN OBSCURIS QUOD MINI- 
 mum est sequimur (sequere). In obscure 
 cases we always follow that which is least. 
 Dig. 50. 17. 9; Broom, Leg. Max. (3d Lon- 
 don Ed.) 613, note; 3 C. B. 962. 
 
 SEMPER IN STIPULATIONIBUS ET IN 
 caeteris contractibus Id sequimur quod ac- 
 
 tum est. In stipulations and other contracts 
 we always follow that which was done (t. e., 
 agreed). Dig. 50. 17. 34. 
 
 SEMPER ITA FIAT RELATIO UT VA- 
 
 leat dispositio. Let the reference always be 
 so made that the disposition may avail. 6 
 Coke, 76. 
 
 SEMPER NECESSITAS PROBANDI IN- 
 
 cumbit ei qui agit. The claimant Is always 
 bound to prove; the burden of proof lies on 
 him. 
 
 SEMPER PARATUS (Lat. always ready). 
 In pleading. The name of a plea by which 
 the defendant alleges that he has always 
 been ready to perform what is demanded of 
 him. 3 Bl. Comm. 303. The same as tout 
 temps prist. 
 
 SEMPER PRAESUMITUR PRO LEGITI- 
 matione puerorum, etflliatio non potest pro- 
 bari. The presumption is always in favor of 
 legitimacy, for filiation cannot be proved. 
 Co. Litt. 126. See 1 Bouv, Inst, note 303 ; 5 
 Coke, 98b. 
 
 SEMPER PRAESUMITUR PRO MATRI- 
 
 monio. The presumption is always in favor 
 of the validity of a marriage. 
 
 SEMPER PRAESUMITUR PRO NEGAN- 
 
 te. The presumption is always in favor of 
 the one who denies. See 10 Clark & F. 534; 
 3 El. & Bl. 723. 
 
 SEMPER PRAESUMITUR PRO SENTEN- 
 
 tia. Presumption Is always in favor of the 
 sentence. 3 Bulst. 42. 
 
 SEMPER QUI NON PROHIBET PRO SE 
 intervenire, mandare creditur. He who does 
 not prohibit the intervention of another in 
 his behalf is supposed to authorize it. 2 
 Kent, Comm. 616; Dig. 14. 6. 16; Id. 43. 
 3. 12. 4. 
 
 SEMPER SEXUS MASCULINUS ETIAM 
 foemininum continet. The male sex always 
 includes the female. Dig. 32. 62. 
 
 SEMPER SPECIALIA GENERALIBUS 
 in sunt. Special clauses are always com- 
 prised in general ones. Dig. 50'. 17. 147. 
 
 SEN. This Is said to be an ancient word 
 which signified "justice." Co. Litt. 61a. 
 
 SENATE. The name of the less numerous 
 of the two bodies constituting the legisla- 
 tive branch of the government of the United 
 States, and of the several states. 
 
 SENATOR. A member of a senatfe. 
 
 SENATORES SUNT PARTES CORPORIS 
 
 regis. Senators are part of the body of the 
 king. Staundf. 72 (E) ; 4 Inst. 53, in marg. 
 
 SENATORS OF THE COLLEGE OF JUS- 
 
 tice. The judges of the court of session In 
 Scotland are so called. Act 1540, c. 93. 
 
SENATUS CONSULTA 
 
 92S 
 
 SENTENCE 
 
 SENATUS CONSULTA. Ordinances (pub- 
 lic acts) of the Boman senate. 
 
 SENATUS CONSULTUM MARCIANUM 
 
 (Lafc) In the civil law. The Marcian de- 
 cree of the senate. A decree enacted in the 
 consulate of Qnintus Marcius and Spurius 
 Postumus, in relation to the celebration of 
 the Bacchanalian mysteries. This decree 
 has been preserved entire to the present day, 
 and is given in full by Dr. Taylor, with a 
 commentary abounding in curious learning. 
 Tayl. Civ. Law, 546-584. It was obtained 
 from a copper plate dug up about the year 
 1640, in the territories of J. Bapt. Cigala, 
 in the kingdom of Naples, and now in the 
 imperial library at Vienna. Id. 547. 
 
 SENATUS CONSULTUM ORFICIANUM 
 (Lat.) In the civil law. The Orfician de- 
 cree of the senate. A decree enacted in the 
 consulate of Orficius and Rufus, in the reign 
 of the Emperor Marcus Antonius, by which 
 children, both sons and daughters, were ad- 
 mitted to the inheritance of their intestate 
 mothers. Inst. 3. 4, pr. 
 
 SENATUS CONSULTL/M PEGASIANUM 
 (Lat.) In the civil law. The Pegasian de- 
 cree of the senate. A decree enacted in the 
 consulship of Pegasus and Pusio, in the 
 reign of Vespasian, by which an he|r, who 
 was requested to restore an inheritance, was 
 allowed to retain one-fourth of it for him- 
 self. Inst. 2. 23. 5. This was declared by 
 Justinian to be superseded by the Senatus 
 Consultum Trebellianum (q. v.) Id. 2. 23. 7; 
 Heinec. Elem. Jur. Civ. lib. 2, tit. 23, § 668. 
 
 SENATUS CONSULTUM TREBELLIAN- 
 um (Lat.) In the civil law. The Trebelllan 
 decree of the senate. A decree enacted in 
 the consulate of Trebellius Maximus and 
 Annaeus Seneca, in the reign of Nero, by 
 which it was provided that, if an inheri- 
 tance was restored under a trust, all actions 
 which, by the civil law, might be brought by 
 or against the heir should be given to and 
 against him to whom the inheritance was 
 restored, Inst. 2. 23. 4; Dig. 36. 1. See the 
 words of the decree, Idi § 2. 
 
 SENATUS CONSULTUM ULTIMAE NE- 
 
 cessitatis (Lat.) A decree of the senate of 
 the last necessity. The name given to the 
 decree which usually preceded the nomina- 
 tion of a dictator. 1 Bl. Comm. 136. 
 
 SENATUS CONSULTUM VELLEIANUM 
 (Lat.) In the civil law. The Velleian de- 
 cree of the senate. A decree enacted in the 
 consulship of Velleius, by which married 
 women were prohibited from making con- 
 tracts. Dig. 16, 1; Story, Confl. Laws, 
 § 426. 
 
 SENATUS DECRETA. In the civil law. 
 Decisions of the senate; private acts con- 
 cerning particular persons merely. 
 
 SEN DA. In Spanish law. A path; the 
 right of a path; the right of foot or horse 
 path. White, New Recop. bk. 2, tit. 6, § 1. 
 
 SENESCHAL1.0 ET MARESHALLO 
 
 quod non teneat placita de libero tenemento. 
 A writ addressed to the steward and mar- 
 shal of England, inhibiting them to take 
 cognizance of an action in their court tiat 
 concerns freehold. Reg. Orig. 185. Abol- 
 ished. 
 
 SENESCHALLUS (Lat.) A steward. Co. 
 Litt. 61a. 
 
 SENILE DEMENTIA. A gradual impale 
 ment of the mental faculties by reason of 
 physical decay and resulting in second child- 
 hood. 
 
 SENILITY. Old age; a state of mental 
 impairment resulting from old age. See 2 
 Johns. Ch. (N. Y.) 232, 
 
 SENIOR. The elder. This addition is 
 sometimes made to a man's name, when two 
 persons bear the same, in order to distin- 
 guish them. In practice, when nothing is 
 mentioned, the senior is intended. 3 Miss. 
 59. 
 
 Used in reference to securities convey- 
 ances, etc., it signifies first in point of time. 
 
 SENORIO. In Spanish Law. Dominion or 
 property. 
 
 SENSU HONESTO. To interpret words 
 sensu honesto is to take them so as not to 
 impute impropriety to the person concerned. 
 
 SENSUS VERBORUM EST ANIMA LE- 
 
 gis. The meaning of words is the spirit of 
 the law. 5 Coke, 2. 
 
 SENSUS VERBORUM EST DUPLEX, Mi- 
 lls et asper, et verba semper accipienda sunt 
 In mitiore sensu. The meaning of words is 
 twofold, mild and harsh; and words are to 
 be received in their milder sense. 4 Coke, 
 13. 
 
 SENSUS VERBORUM EX CAUSA Dl- 
 cendi acciplendus est, et sermones semper 
 acclplendl sunt secundum subjectam materl- 
 am. The sense of words is to be taken from 
 the occasion of speaking them, and dis- 
 courses are always to be interpreted ac- 
 cording to the subject matter. 4 Coke, 14. 
 
 SENTENCE. A judgment or Judicial dec- 
 laration made by a judge in a cause. The 
 term "judgment" is more usually applied to 
 civil, and "sentence" to criminal, proceed- 
 ings. A sentence (in criminal proceedings) 
 is the order of court made in the presence 
 of the defendant, and entered of record, pro- 
 nouncing the judgment, and ordering the 
 same to be carried into execution in the 
 manner prescribed by law. Clark, Crim. 
 Law Tex. 580. 
 
 Sentences are final, when they put an end 
 to the case; or interlocutory, when they set- 
 tle only some incidental matter which has 
 arisen in the course of its progress. See 
 Aso & M. Inst. bk. 3, tit. 8, c, 1. 
 
SENTENTIA 
 
 929 
 
 SEPARATION ORDER 
 
 SENTENTIA (Lat.) In civil law. Sense; 
 import; as distinguished from mere words. 
 Calv. Lex. 
 
 The deliberate expression of one's ■will. 
 Tayl. Civ. Law, 532. 
 
 f he sentence of a judge or court. Inst. 4. 
 11.4. 
 
 SENTENTIA A NON JUDICE LATA NE- 
 
 mini debet nocere. A sentence pronounced 
 by one who is not a judge should not harm 
 any one. Fleta, lib. 6, c 6, § 7. 
 
 SENTENTIA CONTRA MATRIMONIUM 
 nunquam transit In rem Judlcatam. A sen- 
 tence against marriage never passes into a 
 judgment (conclusive upon the parties). 7 
 Coke, 43. 
 
 SENTENTIA FACIT JUS, ET LEGIS IN- 
 
 terpretatio legls vim obtlnet. The sentence 
 makes the law, and the interpretation has 
 the force of law. 
 
 SENTENTIA FACIT JUS, ET RES JUDI- 
 
 cata pro veritate acclpitur. Judgment cre- 
 ates the right, and what is adjudicated is 
 taken for truth. EUesmere, Postn. 55. 
 
 SENTENTIA INTERLOCUTORIA REVO- 
 cari potest, deflnitiva non potest. An inter- 
 locutory sentence or order may be revoked, 
 but not a final. Bac. Max. reg. 20. 
 
 SENTENTIA NON FERTUR DE REBUS 
 
 non liquldis. Sentence is not given upon a 
 thing which is not clear. 
 
 SEPARALE. (L. Lat.) In old English law. 
 Several; a several or separate share or por- 
 tion. A separate property. 
 
 SEPARALITER (Lat. separately). A word 
 sometimes used in indictments to show that 
 the defendants are charged separately with 
 offenses which, without the addition of this 
 word, would seem, from the form of the in- 
 dictment, to be charged jointly; as, for ex- 
 ample, when two persons are indicted to- 
 gether for perjury, and the indictment 
 states that A. and B. came before a com- 
 missioner, etc., this is alleging that they 
 were both guilty of the same crime, when by 
 law their crimes are distinct, and the indict- 
 ment is vicious; but if the word aeparaliter 
 is used, then the affirmation is that each was 
 guilty of a separate offense. 2 Hale, P. C. 
 174. 
 
 SEPARATE ACKNOWLEDGMENT. A 
 
 married woman's acknowledgment of a deed, 
 taken apart and privately from her hus- 
 band. 
 
 SEPARATE DEMISE IN EJECTMENT. A 
 demise in a declaration in ejectment used to 
 be termed a "separate denjise" when made 
 by the lessor separately or individually, as 
 distinguished from a demise made jointly 
 by two or more persons, which was termed 
 a "joint demise." No such demise, either 
 separate or joint, is now necessary in this 
 action. Brown. 
 
 SEPARATE ESTATE. That which belongs 
 to one only of several persons; as, the sep- 
 arate estate of a partner, which does not be- 
 long to the partnership. 2 Bouv. Inst, note 
 1519. 
 
 The separate estate of a married woman 
 is that which belongs to her, and over which 
 her husband has no right in equity. It may 
 consist of lands or chattels. 4 Barb. (N. 
 Y.) 407; 1 Const. (S. C.) 452; 4 Bouv. Inst, 
 note 3996. 
 
 SEPARATE EXAMINATION. See "Sepa- 
 rate Acknowledgment." 
 
 SEPARATE MAINTENANCE. The main- 
 tenance of a woman by her husband on an 
 agreement to live separately. An allowance 
 made by a husband to his vnle for her sepa- 
 rate support and maintenance. Bouvier. 
 See 2 Rop. Husb. & Wife, 267 et seq.; 2 
 Steph. Comm. 309. 
 
 SEPARATIM. In old conveyancing. Sev- 
 erally. A word which made a several cove- 
 nant. 5 Coke, 23a. 
 
 SEPARATION. A cessation of cohabita- 
 tion of husband and wife by mutual agree- 
 ment. 
 
 SEPARATION A MENSA ET THORO. A 
 partial dissolution of the marriage relation. 
 
 By the ecclesiastical or canon law of Eng- 
 land, which had exclusive jurisdiction over 
 marriage and divorce, marriage was regard- 
 ed as a sacrament, and indissoluble. This 
 doctrine originated with the Church of 
 Rome, and became established in England 
 while that country was Catholic; and 
 though, after the Reformation, it ceased to 
 be the doctrine of the Church of England, 
 yet the law remained unchanged until the 
 recent statute of 20 & 21 Vict. (1857) c. 85. 
 Bish. Mar. & Div. §§ 274, 278. Hence, as 
 has been seen in the article on divorce, a 
 valid marriage could not be dissolved in 
 England except by what has been termed 
 the "omnipotent power of parliament." 
 
 This gave rise, in the ecclesiastical courts, 
 to the practice of granting divorces "from 
 bed and board," as they used to be called, 
 or "judicial separation," as they are called 
 in 20 & 21 Vict. c. 85, § 7. Bish. Mar. & 
 Div. §§ 277, 278. From England this prac- 
 tice was introduced into this country; and 
 though in some of the states it has entirely 
 given way to the divorce a vinculo matri- 
 monii, in others it is still in use, being gen- 
 erally granted for causes which are not suf- 
 ficient to authorize the latter. See "Di- 
 vorce." 
 
 SEPARATION ORDER. In England, where 
 a husband is convicted of an aggravated as- 
 sault upon his wife, the court or magistrate 
 may order that the wife shall be no longer 
 bound to cohabit with him. Such an order 
 has the same effect as a judicial decree of 
 separation on the ground of cruelty. It may 
 also provide for the payment of a weekly 
 
SEPARATISTS 
 
 930 
 
 SEQUESTRO HABENDO 
 
 sum by the husband to the wife and for the 
 custody of the children. Sweet. 
 
 SEPARATISTS. Seceders from the 
 Church of England. They, like Quakers, 
 solemnly affirm, instead of taking the usual 
 oath, before they give evidence. See 3 & 4 
 Wm. IV. c. 82, 
 
 SEPTUM. An inclosure; any place paled 
 in. Cowell. 
 
 SEPULCHRE. The place where a corpse 
 is buried. The violation of sepulchres is a 
 misdemeanor at common law. 
 
 SEPULTURA. An offering to the priest 
 for the burial of a dead body. 
 
 SEQUAMUR VESTIGIA PATRUM NOS- 
 trorum. Let us follow the footsteps of our 
 fathers. Jenk. Cent. Cas. 
 
 SEQUATUR SUB SUO PERICULO. A 
 
 writ that lay where a summons ad warranti- 
 zandum was awarded, and the sheriff re- 
 turned that he had nothing whereby he 
 might be summoned, then issued an alias 
 and a pluries, and if he came not in on the 
 pluries, this writ issued. Old Nat. Brev. 
 163. 
 
 SEQUELA (Law Lat) In old Euglish law. 
 Suit; process or prosecution. Sequela cau- 
 sae, the process of a cause. Cowell. 
 
 SEQUELA CURIAE. Suit of court. Cow- 
 ell. See "Suit," 
 
 SEQUELA VILLANORUM. The family 
 retinue and appurtenances to the goods and 
 chattels of villeins, which were at the abso- 
 lute disposal of the lord. Par. Ant. 216. 
 
 SEQUELS. Small allowances of meal or 
 manufactured victuals made to the servants 
 at a mill where com was ground, by tenure, 
 in Scotland. See "Thirlage." 
 
 SEQUESTER. 
 
 In Civil and Ecclesiastical Law. To 
 
 renounce. Example: When a widow comes 
 into court and disclaims having anything to 
 do or to intermeddle with her deceased hus- 
 band's estate, she is said to "sequester." 
 Jacob. 
 
 In Cliancery Practice. To take posses- 
 sion under a writ of sequestration. See 
 "Sequestration." 
 
 SEQUESTRARI FACIAS. A writ issued 
 for the purpose of enforcing a judgment 
 against a beneficed clergyman when a fi. fa. 
 has been issued and returned Tiulla bona. 
 It commands the bishop of the diocese to en- 
 ter into the benefice, and sequester the rents, 
 tithes, and profits until the debt is satis- 
 fied. The bishop executes the writ by issu- 
 ing a sequestration. Chit. Gen. Prac. 1284; 
 Daniell, Ch. Prac. 927; Smith, Actions (11th 
 Ed.) 397. See "Levari Facias;" "Writ." 
 
 SEQUESTRATIO. In the civil law. The 
 separating or setting aside of a thing in con- 
 
 troversy, from the possession of both parties 
 that contend for it. It is twofold, — "volun- 
 tary," done by consent of all parties; and 
 "necessary," when a judge orders It. Brown. 
 
 SEQUESTRATION. 
 
 In Chancery Practice, A remedy by 
 
 writ for the taking of property, and the 
 rents and profits thereof, either to enforce a 
 decree, 19 Ency, of PI, & Pr, 640, or to pre- 
 serve the subject matter of the suit. See 
 3 Bl. Comm, 444, The writ issued some- 
 times to the sheriff, but usually to four or 
 more commissioners. 
 
 While the remedy is now practically su- 
 perseded by executions against real estate, 
 receivership proceedings and kindred rem- 
 edies, it has not been abolished or prohibit- 
 ed and may be resorted to whenever it is 
 deemed necessary. 19 Ency. of PI. & Pr. 
 540. See 6 Fed. 766; 11 Paige (N, Y.) 603. 
 
 In Contracts. A species of deposits 
 
 which two or more persons, engaged in liti- 
 gation about anything, make of the thing in 
 contest with an indifferent person, who 
 binds himself to restore it, when the issue is 
 decided, to the party to whom it is adjudged 
 to belong. Code La. art. 2942; Story, Bailm. 
 § 45. See 19 Viner, Abr. 325; 1 Vern. 58, 
 420; 2 Ves. Jr. 23. 
 
 In Louisiana. A mandate of the court, 
 
 ordering the sheriff, in certain cases, to take 
 into his possession, and to keep, a thing of 
 which another person has the possession, 
 until after the decision of a suit, in order 
 that it be delivered to him who shall be ad- 
 judged entitled to have the property or pos- 
 session of that thing. This is what is prop- 
 erly called a "judicial sequestration." See 1 
 Mart. (La.) 79; 1 La. 439; Civ. Code La. 
 arts. 2941, 2948. 
 
 In this acceptation, the word "sequestra- 
 tion" does not mean a "judicial deposit," be- 
 cause sequestration may exist together with 
 the right of administration, while mere de- 
 posit does not admit it. 
 
 SEQUESTRATOR. One to whom a se- 
 questration is made, 
 
 A depositary of this kind cannot exoner- 
 ate himself from the care of the thing se- 
 questered in his hands, unless for some cause 
 rendering it indispensable that he should re- 
 sign his trust. Civ. Code La, art. 2947. See 
 "Stakeholder." 
 
 Officers appointed by a court of chancery, 
 and named in a writ of sequestration. As 
 to their powers and duties, see 2 Madd. Ch. 
 Prac. 205; Blake, Ch. Prac. 103. 
 
 SEQUESTRO HABENDO, In English ec- 
 clesiastical law. A judicial writ for the dis- 
 charging a sequestration of the profits of a 
 church benefice, granted by the bishop at 
 the sovereign's command, thereby to compel 
 the parson to appear at the suit of another. 
 Upon his appearance, the parson may have 
 this writ for the release of the sequestra- 
 tion. Reg. Jur. 36. 
 
SEQUI DEBET POTENTIA 
 
 981 
 
 SERVI 
 
 SEQUI DEBET POTENTIA JUSTITIAM, 
 non praecedere. Power should follow jus- 
 tice, not precede it. 2 Inst. 454. 
 
 SERF. In feudal law. A term applied to 
 a class of persons who were bound to per- 
 form very onerous duties towards others. 
 Poth. des Personnes, pt. 1, tit. 1, a. 6, § 4. 
 
 There is this essential difference between 
 a "serf" and a "slave:" The serf was bound 
 simply to labor on the soil where he was 
 born, without any right to go elsewhere 
 without the consent of his lord, but he was 
 free to act as he pleased in his daily ac- 
 tion; the slave, on the contrary, is the prop- 
 erty of his master, who may require him to 
 act as he pleases in every respect, and who 
 may sell him as a chattel. Lepage, c. 3, art. 
 2, §2. 
 
 SERGEANT-AT-ARMS. An oflS.cer appoint- 
 ed by a legislative body, whose duties are to 
 enforce the orders given by such bodies, 
 generally under the warrant of its presiding 
 officer. 
 
 SERIATIM (Lat.) In a series; severally; 
 as, the judges delivered their opinions seri- 
 atim. 
 
 SERIOUS ILLNESS. An illness attended 
 by danger, giving rise to apprehension; any 
 permanent or material impairment of 
 health. The term does not include the or- 
 dinary diseases of the country, but refers 
 to those severe attacks which often leave a 
 permanent injury and tend to shorten life. 
 24 Okla. 218, 20 Ann. Cas. 288; 85 111. 542; 
 65 Mich. 306, 32 N. W. 610. 
 
 SERJEANTIA IDEM EST QUOD SERVIT- 
 
 lum. Serjeanty is the same as service. Co. 
 Litt. 105. 
 
 SERJEANT OF THE MACE. In English 
 law. An officer who attends the lord mayor 
 of London, and the chief magistrates of 
 other corporate towns. Holthouse. 
 
 SERJEANTS-AT-LAW. A very ancient and 
 the most honorable order of advocates at 
 the common law. 
 
 They were called, formerly, "countors," 
 or "serjeant-countors," or "countors of the 
 bench" (in the old law Latin phrase, band 
 narratores) , and are mentioned by Matthew 
 Paris in the life of John II., written in 1255. 
 They are limited to fifteen in number, in 
 addition to the judges of the courts of West- 
 minster, who are always admitted before be- 
 ing advanced to the bench. 
 
 The most valuable privilege formerly en- 
 joyed by the Serjeants was the monopoly of 
 the practice in the court of common pleas. 
 A bill was introduced into parliament for 
 the purpose of destroying this monopoly, in 
 1755, which did not pass. In 1834, a war- 
 ranty under the sign manual was directed to 
 the judges of the common pleas, command- 
 ing them to open the court to the bar at 
 large. The order was received and complied 
 with. In 1839, the matter was brought be- 
 
 fore the court and decided to be illegal. 10 
 Bing. 571 ; 6 Bing. N. C. 187, 232, 235. St. 
 9 & 10 Vict. c. 54, has since extended the 
 privilege to all barristers. 3 Bl. Comm. 27, 
 note. 
 
 SERJEANTS' INN. The inn to which the 
 Serjeants at law belonged, near Chancery 
 Lane; formerly called "Faryndon Inn." 
 
 SERJEANTY. In English law. A species 
 of service which cannot be due or per- 
 formed from a tenant to any lord but the 
 king, and is either grand or petit serjeanty. 
 
 SERMO INDEX ANIMI. Speech is an in- 
 dex of the mind. 5 Coke, 118. 
 
 SERMO RELATA AD PERSONAM, IN- 
 telllgl debet de conditlone personae. A 
 speech relating to the person is to be under- 
 stood as relating to his condition. 4 Coke, 
 16. 
 
 SERMONES SEMPER ACCIPIENDI 
 sunt secundum subjectam materiam, e't 
 condltionem personarum. Language is al- 
 ways to be imderstood according to its sub- 
 ject matter, and the condition of the person. 
 4 Coke, 14. 
 
 SERVAGE. In feudal law. Where a ten- 
 ant, besides payment of a certain rent, 
 found one or more workmen for his lord's 
 service. Tomlins. 
 
 SERVANDA EST CONSUETUDO LOCI 
 ubi causa agitur. The custom of the place 
 ■where the action is brought is to be ob- 
 served. 3 Johns. Ch. (N. Y.) 190, 219. 
 
 SERVANT. One who serves; one who 
 serves another (termed his master), under 
 a contract of hire; one who serves or un- 
 dertakes to serve another for a stipu- 
 lated consideration or wage. 2 Kent's Com. 
 258-261; one employed to perform an infer- 
 ior and menial service, 17 111. App. 200; a 
 hireling who makes a part of a man's fam- 
 ily, employed for money, to assist in the 
 economy of the family, or in matters con- 
 nected with it. 3 S. & E. (Pa.) 353. 
 
 Bequests to servants construed. Williams 
 Exs. 1152; 27 Bea. 226; 26 Bea. 1472; L. J. 
 Ch. 162; 9 Hare 551; 2 Vern. 546; 16 Ves. 
 486; 11 L. J. Ch. 223. Servants who take 
 priority in bankruptcy. Mont. & McA. 95, 
 194; 6 Jur. 898; 42 L.J. Bank. 49; 21 W. R. 
 523. 
 
 SERVANT IN HUSBANDRY. A person, 
 whether male or female, whose chief em- 
 ployment is in works of husbandry. 3 E. & 
 E. 549; L. J. M. C. 84; 23 L. J. M. C. 
 138, 
 
 SERVI. Bondsmen, or servile tenants. 
 They were of four sorts: (1) Such as sold 
 themselves for a livelihood; (2) debtors sold 
 because they were unable to pay their debts; 
 (3) captives in war, retained and employed 
 as perfect slaves; (4) naUvi, servants bom 
 as such, solely belonging to the lord. There 
 
SERVI EEDEMPTIONE 
 
 932 
 
 SERVITIUM SCUTI 
 
 Were also said to be servi testamentcdee 
 those which were afterwards called "cove- 
 nant servants." CowelL 
 
 SERVI, REDEMPTIONE. Criminal slaves 
 in the time of Henry I. 1 Kemble, Sax. 197 
 (1849). 
 
 SERVICE. 
 
 —In Feudal Law. That duty which the 
 tenant owed to his lord by reason of his fee 
 or estate. 
 
 The services, in respect of their quality, 
 were either free or base, and in respect of 
 their quantity, and the time of exacting 
 them, were either certain or uncertain. 2 
 Bl. Comm. 62. 
 
 In Civil Law. A servitude. 
 
 In Practice. The execution of a writ 
 
 or process. Thus, to serve a writ of capias 
 signifies to arrest a defendant under the 
 process (Kirby [Conn.] 48; 2 Aik. [Vt.] 
 338; 11 Mass. 181) ; to serve a summons is 
 to deliver a copy of it at the house, of the 
 party, or to deliver it to him personally, or 
 to read it to him. Notices and other papers 
 are served by delivering the same at the 
 house of the party, or to him in person. 
 
 Service of process is either (1) actual, or 
 (2) constructive; constructive service being 
 such as is by law conclusively presumed to 
 give notice, e. g., by publication or posting. 
 
 Actual service is either (a) personal, by 
 actual delivery o£ the process to the per- 
 son to be served, or (b) substituted, being 
 by such a disposition as the law deems to be 
 the equivalent of personal service, e. g., by 
 leaving at his dwelling house. 
 
 When the service of a writ is prevented 
 by the act of the party on whom it is to 
 be served, it will, in general, he sufficient 
 if the oflScer do everything in his power to 
 serve it. 1 Man. & G. 238. 
 
 SERVICE OF AN HEIR. By the former 
 law of Scotland, before an heir could regu- 
 larly acquire a right to the ancestor's es- 
 tate, he had to be served heir. See Bell, 
 Diet. 
 
 SERVICE, SECULAR. Worldly service, as 
 contrasted with spiritual or ecclesiastical. 
 Cpwell. 
 
 SERVICES FONCIERS. These are in 
 French law the easements of English law. 
 
 SERVIDUIVIBRE. In Spanish law. A serv- 
 itude. The right and use which one man 
 has in the buildings and estates of another, 
 to use them for the benefit of his own. Las 
 Partidas, 3. 31. 1. 
 
 SERVIENS-AD-CLAVAM. A Serjeant- at- 
 mace. 
 
 SERVI ENS AD LEGEM. Sergeant-at-law. 
 
 SERVIENS DOMINI REGIS (Law Lat.) In 
 old English law. King's Serjeant; a public 
 officer, who acted sometimes as the sheriff's 
 deputy, and had also judicial powers. Brae- 
 ton, fols. 145b, 150b, 330, 358. 
 
 SERVIENT. In civil law. A term applied 
 to an estate or tenement by or in respect 
 of which a servitude is due to another es- 
 tate or tenement. See "Easement." 
 
 SERVILE EST EXPILATIONIS CRIMEN; 
 sola Innocentia libera. The crime of theft Is 
 slavish; innocence alone is free. 2 Inst. 
 573. 
 
 SERVITIA PERSONALIA SEQUUNTUR 
 personam. Personal services follow the per^ 
 son. 2 Inst. 374; Fleta, lib. 3, c. 11, § 1. 
 
 SERVITIIS ACQUIETANDIS. A judicial 
 writ for a man distrained for semces to 
 one, when he owes and performs them to 
 another, for the acquittal of such services. 
 Reg. Jur. 27. 
 
 SERVITIUM. In feudal and old English 
 law. The duty of obedience and perform- 
 ance which a tenant was bound to render to 
 his lord by reason of his fee. Spelman. See 
 Co. Litt. 65a. 
 
 SERVITIUM FEODALE ET PRAEDIALE. 
 
 A personal service, but due only by reason 
 of lands which were held in fee. Bracton, 
 lib. 2, c. 16. 
 
 SERVITIUM FORINSECUM. A serrlce 
 due, not to the chief lord, but to the king. 
 
 SERVITIUM, IN LEGE ANGLIAE, REGU- 
 lariter accipitur pro servitio quod per tenen- 
 tes dominis suis debetur ratlone feodi sui. 
 Service, by the law of England, means the 
 service which is due from the tenants to the 
 lords by reason of their fee. Co. Litt. 65. 
 
 SERVITIUM INTRINSECUM. The ordi- 
 nary service due the chief lord from his ten- 
 ants. 
 
 SERVITIUM LIBERUM. A service to be 
 done by feudatory tenants, who were called 
 "liberi homines," and distinguished from 
 vassals, as was their service, for they were 
 not bound to any of the base services of 
 plowing the lord's land, etc., but were to 
 find a man and horse, or go with the lord 
 into the army, or to attend the court, etc. 
 
 It was called, also, "servitium liberum wr- 
 morum." 
 
 SERVITIUM MILITARE. Knight service; 
 military service. 2 Bl. Comm. 62. 
 
 SERVITIUM REGALE. Royal service, or 
 the rights and prerogatives that, within a 
 royal manor, belong to the lord of the same, 
 which are generally reckoned to be the fol- 
 lowing, viz. : Power of judicature, in mat- 
 ters of property, and of life and death, in 
 felonies and murder, a right to waifs ana 
 strays; assessments; minting of money; 
 and assize of bread, beer, and weights and 
 measures, Cowell. 
 
 SERVITIUM SCUTI. Service of the 
 shield; that is, knight service. 
 
SEBVITIUM SOKAE 
 
 933 
 
 SERVITUS 
 
 SERVlTlUM SOKAE. Service of the plxiw; 
 that is, socage. 
 
 SERVITORS OF BILLS. Such Servants or 
 messengers of the marshal belonging to the 
 king's bench as vrere heretofore sent abroad 
 with bills or writs to summon men to that 
 court, being now called "tipstaves." Blount; 
 2 Hen. IV. c. 23. 
 
 SERVITUDE. 
 
 In Civil Law. The subjection of one 
 
 person to another person, or of a person to 
 a thing, or of a thing to a person, or of a 
 thing to a thing. 
 
 A right which subjects a land or tene- 
 ment to some service for the use of another 
 land or tenement which belongs to another 
 master. Domat, Civ. Law (Gushing Ed.) 
 § 1018. 
 
 (1) A mixed servitude is the subjection 
 of persons to things, or things to persons. 
 
 (2) A natural servitude is one which 
 arises in consequence of the natural con- 
 dition or situation of the soil. 
 
 (3) A personal servitude is the subjec- 
 tion of one person to another. If it consists 
 in the right of property which a person 
 exercises over another, it is slavery. When 
 the subjection of one person to another is 
 not slavery, it consists simply in the right 
 of requiring of another what he is bound 
 to do or not to do. This right arises from 
 all kinds of contracts or qtuisi contracts. 
 Lois des Bat. p. 1, c. 1, art. 1. 
 
 (4) A real or predial servitude is a 
 charge laid on an estate for the use and 
 utility of another estate belonging to an- 
 other proprietor. Code La. art. 643. When 
 used without any adjunct, the word "'servi- 
 tude" means a real or predial servitude. 
 Lois des Bat. p. 1, c. 1. Real servitudes 
 are divided into rural and urban. 
 
 (a) Rural servitudes are those which are 
 due by an estate to another estate, such as 
 the right of passage over the serving estate, 
 or that which owes the servitude, or to 
 draw water from it, or to water cattle 
 there, or to take coal, lime, and wood from 
 it, and the like. 
 
 (b) Urban servitudes are those which 
 are established over a building for the con- 
 venience of another, such as the right of 
 resting the joists in the wall of the serving 
 building, of opening windows which over- 
 look the serving estate, and the like. Dalloz. 
 
 This term is used as a translation of the 
 Latin term servitus in the French and 
 Scotch law (Dalloz; Paterson, Comp.), and 
 by many common-law writers (3 Kent, 
 Comm. 434; Washb. Easem.), and in the 
 Civil Code of Louisiana. "Service" is used 
 by Wood, Taylor, Harris, Cowper, and 
 Gushing in his translation of Domat. Much 
 of the common-law doctrine of easements 
 is closely analogous to, and probably in 
 part derived from, the civil-law doctrine of 
 servitudes. 
 
 - — In Modern Law. Real servitudes are 
 known as "easements," the term "servi- 
 
 tude" being used only in the sense of the 
 burden imposed by an easement. 
 
 SERVITUS (Lat.) In Roman law. Servi- 
 tude; slavery; a state of bondage; a dis- 
 position of the law of nations by which, 
 against common right, one man has been 
 subjected to the dominion of another. Inst. 
 
 1. 2. 3; Bracton, 4b; Co. Litt. 116. 
 
 A service or servitude ; a burden imposed 
 by law, or the agreement of parties, upon 
 one estate for the advantage of another, or 
 for the benefit of another person than the 
 owner. 
 
 Servitus actus, a right of way on horse- 
 back or in a carriage. Inst. 2. 3. pr. 
 
 Servitus altius non tollendi, a servitude 
 preventing the owner of a house from build- 
 ing higher than his neighbor. Inst. 2. 3. 4; 
 Paterson, Comp, 
 
 Servitus aquae ducendae, a right of lead- 
 ing water to one's own land over that of 
 another. Inst. 2. 3. pr. 
 
 Servitus aquae educendae, a right of con- 
 ducting water from one's own land unto a 
 neighbor's. Dig. 8. 3. 29. 
 
 Servitus aquae hauriendae, a right of 
 drawing water from another's spring or 
 well. Inst. 2. 3. 2. 
 
 Servitus cloacae mittendae, a right of 
 having a sewer through a neighbor's es- 
 tate. Dig. 8. 1. 7. 
 
 Servitus fumi immitendi, a right of con- 
 ducting smoke or vapor through a neigh- 
 bor's chimney or over his ground. Dig. 8. 
 6. 8. 
 
 Servitus itineris, a right of way on horse- 
 back or in a carriage. This includes a serv- 
 itus actus. Inst. 2. 3. 
 
 Servitus luminum, a right to have an 
 open place for receiying light into a cham- 
 ber or other room. Domat, 1. 1. 4; Dig. 8. 
 
 2. 4. 
 
 Servitus oneris ferendi, a servitude of 
 supporting a neighbor's building. 
 
 Servitus pascendi, a right of pasturing 
 one's cattle on another's land. Inst. 2. 3. 2. 
 
 Servitus pecoris ad aquam adpulsam, a 
 right of driving one's cattle on a neighbor's 
 land to water. 
 
 Servitus praedii rustici, a rural servitude. 
 
 Servitus praedii urbani, an urban servi- 
 tude. 
 
 Servitus praediorum, a servitude on one 
 estate for the benefit of another. See "Prae- 
 dia." 
 
 Servitus projiciendi, a right of building 
 a projection into the open space belonging 
 to a neighbor. Dig 8. 2. 2. 
 
 Servitus prospectus, a right of prospect. 
 Dig. 8. 2. 15. This may be either to give 
 one a free prospect over his neighbor's land 
 or to prevent a neighbor from having a 
 prospect over one's own land. Domat. 1. 
 1. 6, 
 
 Servitus stillioidii, a right of having the 
 water drip from the eaves of one's house 
 upon a neighbor's house or ground. 
 
SERVITUS EST CONSTITUTIO 
 
 934 
 
 SET LINE 
 
 Servitus tigni immUeTidi, a right of in- 
 serting beams in a neighbor's wall. Inst. 
 2. 3. 1. 4; Dig. 8. 2. 2. 
 
 Servitus viae, a right of way on foot or 
 horseback, or with a loaded beast or wagon, 
 over a neighbor's estate. Inst. 2. 3. 
 
 See, generally, Inst. 2. 3; Dig. 8. 2; Diet, 
 de Jur.; Domat, Civ. Law; Bell, Diet.; 
 Washb. Easem. 
 
 SERVITUS EST CONSTITUTIO JURE 
 gentium qua quis domino alieno contra na- 
 turam subjicitur. Slavery is an institution 
 by the law of nations, by which a man is 
 subjected to the dominion of another, con- 
 trary to nature. Inst. 1. 3. 2; Co. Litt. 116. 
 
 SERVITUS NE LUMINIBUS OFFICIA- 
 tur. A servitude not to hinder lights; the 
 right of having one's lights or windows 
 unobstructed or darkened by a neighbor's 
 building, etc. Inst. 2. 3. 4. 
 
 SERVITUS NE PROSPECTUS OFFEND- 
 atur. A servitude not to obstruct one's pros- 
 pect. Dig. 8. 2. 15. 
 
 SERVITUS TIGNI IMMITTENDI. The 
 
 servitude of letting in a beam; the right of 
 inserting beams in a neighbor's wall. Inst. 
 2. 3. 1. 4; Dig. 8. 2. 2. 
 
 SERVITUS VIAE. The servitude or right 
 of way; the right of walking, riding, and 
 driving over another's land. Inst. 2. 3. pr. 
 
 SERVUS. A slave. 
 
 SESS, or ASSESS. Rate or tax. 
 
 SESSIO. A sitting; a session. Sessio par- 
 liamenti, the sitting of parliament. Cowell. 
 
 SESSION. The time during which a legis- 
 lative body, a court, or other assembly sits 
 for the transaction of business; as, a ses- 
 sion of congress, which commences on the 
 day appointed by the constitution, and ends 
 when congress finally adjourns before the 
 commencement of the next session; the ses- 
 sion of a court, which commences at the day 
 appointed by law, and ends when the court 
 finally rises. A term. 
 
 SESSION COURT. See "Court of Session." 
 
 SESSION, GREAT, OF WALES. A court 
 which was abolished by St. 1 Wm. IV. c. 70. 
 The proceedings now issue out of the courts 
 at Westminster, and two of the judges of 
 the superior courts hold the circuits in 
 Wales and Cheshire, as in other English 
 counties. 
 
 SESSIONS. A sitting of justices in court 
 upon their commission, or by virtue of their 
 appointment, and most commonly for the 
 trial of criminal cases. The title of several 
 courts in England and the United States, 
 chiefly those of criminal jurisdiction. 
 
 SESSIONS OF THE PEACE. In English 
 law. Sittings of justices of the peace for 
 
 the execution of the powers which are con- 
 fided to them as such. 
 
 (1) Petty sessions (or petit sessions) are 
 sittings held by one or more justices for the 
 trial of minor offenses, admitting to bail 
 prisoners accused of felony, and the like 
 purposes. 
 
 When sitting for purposes of preliminary 
 inquiry, the public cannot claim admit- 
 tance; but it is otherwise when sitting for 
 purposes of adjudication. 
 
 (2) Special sessions are sittings of two 
 or more justices on a particular occasion 
 for the exercise of some given branch of 
 their authority, upon reasonable notice 
 given to the other magistrates of the hun- 
 dred or other division of the county, city, 
 etc., for which they are convened. See St. 
 7 & 8 Vict. c. 33. 
 
 The counties are distributed into di- 
 visions, and authority given by various 
 statutes to the justices acting for the sev- 
 eral divisions to transact different descrip- 
 tions of business, such as licensing ale- 
 houses, or appointing overseers of the poor, 
 surveyors of the highways, etc., at special 
 sessions. 3 Steph. Comm. 43, 44. 
 
 (3) General sessions of the peace are 
 courts of record, holden before the justices, 
 whereof one is of the quorum, for execution 
 of the general authority given to the jus- 
 tices by the commission of the peace and 
 certain acts of parliament. 
 
 The only description of general sessions 
 now usually held is the court of general 
 quarter sessions of the peace; but in the 
 county of Middlesex, besides the four quar- 
 ter sessions, four general sessions are held 
 in the intervals, and original intermediate 
 sessions occasionally take place. They may 
 be called by any two justices in the juris- 
 diction, one being of the quorum, or by the 
 custos rotulorum and one justice, but not 
 by one justice or the custos rotulorum 
 alone. 
 
 (4) General quarter sessions of the 
 peace. See "Court of General Quarter Ses- 
 sions of the Peace." 
 
 SESSIONAL ORDERS. Certain resolu- 
 tions which are agreed to by both houses 
 at the commencement of every session of 
 the English parliament, and have relation 
 to the business and convenience thereof; 
 but they are not intended to continue in 
 force beyond the session in which they are 
 adopted. They are principally of use as 
 directing the order of business. Brown. 
 
 SET. This word appears to be nearly 
 synonymous with "lease." A lease of mines 
 is frequently termed a "mining set." Brown. 
 
 SET ASIDE. To annul; to make void; as, 
 to set aside an award. 
 
 When proceedings are irregular, they 
 may be set aside on motion of the party 
 whom they injuriously affect. 
 
 SET LINE. A line with baited hooks fast- 
 jened to it set or anchored for taking fish; 
 
SET OF EXCHANGE 
 
 935 
 
 SEVERAL 
 
 a line to which a number of baited hooks 
 are attached and which supported by a 
 buoy, is extended on the surface of the 
 water. 3 Johns Univ. Cyc, 390; 69 Vt. 
 413; 4 Encyc. Die, 4216. 
 
 SET OF EXCHANGE. The different parts 
 of a bill of exchange, taken together. Each 
 part is a perfect instrument by itself; but 
 the parts are numbered successively, and 
 upon payment of any one, the others be- 
 come useless. See Chit. Bills (1836 Ed.) 
 175; Pars. Notes & Bills. 
 
 SET-OFF. In practice. A demand, grow- 
 ing out of a distinct transaction, which a 
 defendant makes against the plaintiff in 
 the suit for the purpose of liquidating the 
 whole or a part of his claim. See 7 Fla. 
 329. 
 
 A set-off was unknown to the common 
 law, according to which mutual debts were 
 distinct, and inextinguishable except by 
 actual payment or release. 1 Rawle (Pa.) 
 293; Babington, Set-Oflf, 1. 
 
 St. 2 Geo. II. c. 22, which has been gen- 
 erally adopted in the United States, with 
 some modifications, in cases of mutual 
 debts, however, allowed the defendant to 
 set his debt against the other, either by 
 pleading it in bar, or giving it in evidence, 
 when proper notice had been given of such 
 intention, under the general issue. The 
 statute, being made for the benefit of the 
 defendant, is not compulsory (8 Watts 
 [Pa.] 39) ; the defendant may waive his 
 right, and bring a cross action against the 
 plaintiff (2 Campb. 594; 5 Taunt. 148; 9 
 Watts [Pa.] 179). 
 
 It seems, however, that in some cases of 
 intestate estates and of insolvent estates, 
 perhaps owing to the peculiar wording of 
 the law, the statute has been held to oper- 
 ate on the rights of the parties before 
 action brought or an act done by either 
 of them. 2 Rawle (Pa.) 293; 3 Bin. (Pa.) 
 135; Bac. Abr. "Bankrupt" (K). See 7 
 Gray (Mass.) 191, 425. 
 
 Set-off takes place only in actions on 
 contracts for the payment of money, as, 
 assumpsit, debt, and covenant. A set-off is 
 not allowed in actions arising ex delicto; as 
 upon the case, trespass, replevin, or detinue. 
 Buller, N. P. 181; 4 E. D. Smith (N. Y.) 
 162. 
 
 The matters which may be set off may be 
 mutual liquidated debts or damages; but 
 unliquidated damages cannot be set off. 3 
 Bosw. (N. Y.) 560; 34 Pa. St. 239; 34 Ala. 
 (N. S.) 659; 20 Tex. 31; 2 Head (Tenn.) 
 467; 2 Mete, (Ky.) 143; 3 Iowa 163; 8 
 Iowa 325; 1 Blackf. (Ind.) 394; 8 Conn. 
 325; 6 Halst. (N. J.) 397; 5 Wash. C. C. 
 (U. S.) 232. The statutes refer only to 
 mutual unconnected debts; for at common 
 law, when the nature of the employment, 
 transaction, or dealings necessarily consti- 
 tutes an account consisting of receipts and 
 payments, debts and credits, the balance 
 only IS considered to be the debt, and there- 
 fore in an action it is not necessary in such 
 
 cases either to plead or give notice of set- 
 off. 4 Burrows, 2221. 
 
 Distinguished from counterclaim and re- 
 coupment. Counterclaim is a term of statu- 
 tory origin, and includes both set-off and 
 recoupment, and something more. It em- 
 braces all sorts of claims which a defend- 
 ant may have against a plaintiff in the 
 nature of a cross action or demand, or for 
 which a cross or separate action would lie. 
 13 How. Pr. (N. Y.) 84. 
 
 In recoupment, the defendant's claim 
 must arise from the same transaction as 
 the plaintiff's, and in this it is distinguished 
 from set-off, which must arise in a distinct 
 claim. See "Recoupment." 
 
 SETTER. In Scotch law. The grantor of 
 a tack or lease. 1 Forbes, Inst. pt. 2, p. 153. 
 
 SETTL,EMENT. A residence under such 
 circumstances as to entitle a person to sup- 
 port or assistance in case of becoming a 
 pauper. 
 
 It is obtained in various ways, to wit: 
 By birth; by the legal settlement of the 
 father, in the case of minor children; by 
 marriage; by continued ' residence; by the 
 payment of requisite taxes; by the lawful 
 exercise of a public office; by hiring and 
 service for a specified time; by serving an 
 apprenticeship; and perhaps some others, 
 ■which depend upon the local statutes of the 
 different states. See 1 Bl. Comm. 363; 1 
 Doug. 9; 6 Serg. & R. (Pa.) 103, 565; 10 
 Serg. & R. (Pa.) 179. 
 
 In Contracts. A determination by 
 
 agreement. 113 Iowa 211. An agreement 
 by which two or more persons who have 
 dealings together so far arrange their ac- 
 counts as to ascertain the balance due from 
 one to the other; payment in full. 
 
 The conveyance of an estate for the bene- 
 fit of some person or persons. 
 
 See "Marriage Settlement." 
 
 SETTLEMENT, ACT OF. See "Act of 
 Settlement." 
 
 SETTLEMENT, DEED OF. A deed made 
 for the purpose of settling property, i. e., 
 arranging the mode and extent of the en- 
 joyment thereof. The party who settles 
 property is called the "settlor;" and usuaJly 
 his wife and children or his creditors or 
 his near relations are the beneficiaries tak- 
 ing interests under the settlement. 
 
 SETTLEMENT, EQUITY OF. See "Equity 
 to a Settlement." 
 
 SETTLING DAY. The day on which trans- 
 actions for the "account" are made up on 
 the English stock exchange. In consols, they 
 are monthly; in other investments, twice in 
 the month. 
 
 SEVER. In practice. To separate; to In- 
 sist upon a plea distinct from that of other 
 codefendants. 
 
 SEVERAL. Separate; distinct. A several 
 agreement or covenant is one entered into 
 
SEVERAL ACTIONS 
 
 936 
 
 SEWER 
 
 by two or more persons separately, each 
 binding himself for the whole; a several 
 action is one in which two or more persons 
 are separately charged; a several inherit- 
 ance is one conveyed so as to descend or 
 come to two persons separately by moieties. 
 "Several" is usually opposed to "joint." 
 
 SEVERAL ACTIONS. Separate actions, 
 the opposite of "joint actions," in which the 
 plaintiffs combine their causes. See "Join- 
 der of Actions." 
 
 SEVERAL COUNTS. See "Count;" "In- 
 dictment." 
 
 SEVERAL COVENANT. A covenant by 
 two or more, separately; a covenant made 
 so as to bind the parties to it severally or 
 individually. 
 
 SEVERAL DEMISES. Prior to the com 
 mon-law procedure acts of 1852-1860, _ it 
 was necessary, in England, that the plain- 
 tiff in ejectment should make a demise, and 
 that he should have the legal estate in him 
 for that purpose. Wherefore, in case of 
 any doubt whether the legal estate was in 
 A., or in B., or in C, it was usual, in 
 framing the declaration, to insert a demise 
 by each, and the declaration was then said 
 to contain several demises; but now no 
 demise at all is necessary to an action of 
 ejectment. See "Ejectment." 
 
 SEVERAL FISHERY. A right to flsh in 
 private water, either exclusively, or in con- 
 junction with the owner of the soU. 1 Kent, 
 Comm. 410, and note. 
 
 SEVERAL INHERITANCE. An Inheri- 
 tance conveyed so as to descend to two per- 
 sons severally, by moieties, etc. 
 
 SEVERAL TAIL. An entail severally to 
 two; as, if land is given to two men and 
 their wives, and to the heirs of their bodies 
 begotten. Here the donees have a joint es- 
 tate for their two lives, and yet they have 
 a several inheritance, because the issue of 
 the one shall have his moiety, and the issue 
 of the other the other moiety. Cowell. 
 
 SEVERAL TENANCY. A tenancy which 
 is separate, and not held jointly with an- 
 other person. 
 
 SEVERALLY. To separate is to disunite, 
 to divide, to disconnect, to sever. 9 111. 
 App. 370. 
 
 SEVERALTY, ESTATE IN. An estate 
 which is held by the tenant in his own 
 right only, without any other being joined 
 or connected with him in point of interest 
 during the continuance of his estate. 2 Bl. 
 Comm. 179; Cruise, Dig. 479, 480. 
 
 SEVERANCE. The separation of a part 
 of a thing from another; for example, the 
 separation of machinery from a mill is a 
 severance, and in that case the machinery, 
 which, while annexed to the mill, was real 
 
 estate, becomes by the severance personalty, 
 unless such severance be merely temporary. 
 8 Wend. (N. Y.) 587. 
 
 In Pleading. When an action Is 
 
 brought in the name of several plaintiffs, in 
 which the plaintiffs must of necessity join, 
 and one or more of the persons so named 
 do not appear, or make default after ap- 
 pearance, the other may have judgment of 
 severance, or, as is technically called, judg- 
 ment ad sequendum solum. 
 
 But in personal actions, with the excep- 
 tion of those by executors, and of detinue 
 for charters, there can be no summons arid 
 severance. Co. Litt. 139. 
 
 After severance, the party severed can 
 never be mentioned in the suit, nor derive 
 any advantage from it. 
 
 When there are several defendants, each 
 of them may use such plea as he may think 
 proper for his own defense; and they may 
 join in the same plea, or sever, at their 
 discretion (Co. Litt. 303a), except, per- 
 haps, in the case of dilatory pleas (Hob. ' 
 245, 250). But when the defendants have 
 once united in the plea, they cannot after- 
 wards sever at the rejoinder, or other later 
 stage of the pleading. See, generally, 
 Brooke, Abr. "Summ. and Sev."; 2 RoUe, 
 488; Archb. Civ. PI. 59. 
 
 -^— Of Estates. The destruction of any 
 one of the unities of a joint tenancy. It is 
 so called because the estate is no longer a 
 joint tenancy, but is severed. 
 
 A severance may be effected in various 
 ways, namely: By partition, which. is either 
 voluntary or compulsory; by alienation of 
 one of the joint tenants, which turns the 
 estate into a tenancy in common; by the 
 purchase or descent of all the shares of 
 the joint tenants, so that the whole estate 
 becomes vested in one only. Comyn, Dig. 
 "Estates by Grant" (K 5) ; 1 Bin. (Pa.) 
 175. 
 
 SEWAGE. That which passes through a 
 sewer. A secondary meaning is derived 
 from the usual character of the contents of 
 a sewer and as used in that sense the word 
 signities the refuse and foul matter solid 
 or liquid, which it so carried off. 67 Conn. 
 494. 
 
 SEWER (Law Lat. sewera, severa). A 
 fresh-water trench compassed in on both 
 sides with a bank. Callis, Sewers (80) 
 99. Callis calls it "a small current or little 
 river;" "a diminutive of a river;" "a com- 
 mon public stream." Id. 100. A passage to 
 carry water into the sea or a river. Cowell. 
 A ditch or trench carried through marshy 
 places, to carry off the water. Spelman. 
 
 In its modern and more usual sense, a 
 sewer means an underground or covered 
 channel used for the drainage of two or 
 more separate buildings, as opposed to a 
 "drain," which is a channel used for carry- 
 ing off the drainage of one building or set 
 of buildings in one curtilage. See "Drain 
 (2). 
 
SEXTANS 
 
 937 
 
 SHALL 
 
 SEXTANS CLat.) In the Roman law. A 
 subdivision of the as, containing two unciae; 
 the proportion of two-twelfths, or one-sixth. 
 Tayl. Civ. Law, 492; 2 Bl. Comm. 462, 
 note. 
 
 8EXTERY LANDS. Lands given to a 
 ohnrch or religious house for maintenance 
 of a sexton or sacristan. Cowell. 
 
 SEXTUS DECRETALIUM. The sixth de- 
 cretal. 
 
 SEYSINA. (L. Lat.) In old English law. 
 Seisin; possession of lands; or of a free- 
 hold estate in lands. Bract, fol. 38b, 39. 
 
 SHACK, COMMON OF. The right of per- 
 sons occupying lands lying together in the 
 same common field to turn out their cattle 
 after harvest to feed promiscuously in such 
 field. 
 
 SHALL. 
 
 British Cases. Great care is to be em- 
 ployed in using or construing this word. 
 Its various meanings range under two gen- 
 eral classes according as it is used, as im- 
 plying futurity; or as implying a mandate, 
 or giving permission or direction. 
 
 Futurity. If something Is agreed to 
 
 be done if or when something else "shall" 
 happen, this contemplates futurity. Past 
 occurrences will not satisfy the condition 
 precedent. 3 Drew. 617; 25 L. J. Ch. 850; 
 27 L. T. O. S. 289; 29 L. J. Ch. 911; 7 W. 
 E. 135; 5 Jur. N. S. 56. 
 
 "Shall be born," in the absence of a 
 context, are words of futurity; and, in a 
 will, mean persons born after its date. 50 
 L. J. P. C. 45; 6 App. Ca. 471. 
 
 The phrase, in a divesting clause, if 
 donee of property "shall become bankrupt" 
 seems "to mean, simply being bankrupt," 
 
 29 L. J. Ch. 843; and it is immaterial 
 whether the bankruptcy has happened be- 
 fore, or shall have happened after, the 
 making of the instrument. 1 D. G. & S. 
 282; 16 L. J. Ch. 245. So, too, in 
 an independent testamentary gift to 
 issue of a deceased member of a 
 class, the words "shall die" or "shall 
 happen to die" do not necessarily point to 
 a future death, so as inevitably to exclude 
 the issue of a member of the class who 
 may have died before the date of the will. 
 
 30 L. J. Ch. 789; 1 Dr. & Sm. 497; 1 Mer. 
 320; 2 Jarm. 771. So "a surrender to such 
 uses as the testator 'shall' by will appoint, 
 applied to a will antecedently executed, it 
 being considered that the surrender re- 
 ferred to that Vill which should be in exist- 
 ence at testator's death." 1 Jarm. 58; 1 
 T. R. 435n. See May. 
 
 Whether Mandatory op Directory, In 
 
 its ordinary signification, "shall" is manda- 
 tory and not permissive. It is to be so 
 construed unless by the context it appears 
 that a_ different meaning was intended or 
 when it is necessary to effectuate the chief 
 purpose of the statute. 122 N. E. 268 
 (Mass.); 217 Mass. 430; 106 N. E. 618. 
 
 — -"Shall" and "May." "ShaU" and "May" 
 are often held to be convertible terms in 
 ascertaining legislative Intention, 108 HI. 
 App. 614, 616; 77 111. 271; 184 111. 597. 
 
 As where, in a statute, no right or bene- 
 fit to anyone depends upon its imperative 
 use it may be held to be directory. 249 111. 
 294. 
 
 The word has not, often been construed 
 as "may," and as importing only power or 
 authority. 153 Mass. 200. 
 
 Mandatory. Whenever a statute de- 
 clares that a thing "shall" be done, the 
 natural and proper meaning is that a per- 
 emptory mandate is enjoined. But where 
 the thing has reference to the time or 
 formality of completing any public act, not 
 being a step in a litigation, or accusation; 
 or, of creating an executed contract where- 
 of the benefit has been, or but for the act 
 of the beneficiary might be, received, the 
 enactment will generally be regarded as 
 merely directory, unless there be words 
 making the thing done void if not done in 
 accordance with the prescribed require- 
 ments. 
 
 The word "shall" has been held manda- 
 tory as regards time for appeals from jus- 
 tice's courts, 4 C. B. N. S. 264; 27 L. J. 
 C. P. 224; 29 L. J. M. C. 108; 31 L. J. M. 
 C. 92; except when the appeal is hindered 
 by the offices of the court being closed, L. 
 E. 2 Q. B. 410; 9 B. & S. 27, note; or by 
 respondent not being found, 27 L. J. M. C. 
 273; E. B. & E. 469. As regards time for 
 appeal from county court, 27 L. J. Q. B. 
 319; 51 L. J. Q. B. 110. As regards appli- 
 cation for special case, 19 Q. B. D. 168; 56 
 L. J. M. C. 122; 57 L. T. 368; 21 Q. B. D. 
 188; 36 W. K. 800. As regards require- 
 ments for creating mortgage of a ship, 29 
 L. J. Ch. 827. As regards contracts being 
 under seal, 27 L. J. C. P. 314; 51 L. J. 
 Q. B. 292; 16 Q. B. D. 446. As regards 
 provisions for arbitration, 57 L. J. Q. B. 
 181; 36 W. R. 468; 2 L. J. Ex. 150. As 
 regards sealing and signing by directors of 
 contracts by railway and dock companies, 
 18 L. J. Ex. 345; 5 Ex. 442; 21 L. J. Ex. 
 117. As regards building contracts, 18 L. 
 J. Ex. 282. 
 
 ^-^Directory. In the following cases the 
 word "shall" was sustained as being direc- 
 tory merely as regards the time fixed for 
 the appointment of overseers. 2 Stra. 1123; 
 10 L. J. M. C. 166; 9 Dowl. 1001; and as 
 regards the time for the election of guard- 
 ians for the Borough of Norwich, 1 B. & 
 Ad. 310; for appointment of surveyors of 
 highways, 4 East 142; for holding quarter 
 sessions, 5 L. J. O; S. M. C. 95; 7 B. & C. 6. 
 
 As regards the transmission of a con- 
 viction by justices to the next quarter ses- 
 sions. 13 Q. B. 216; 18 L. J. M. C. 78. 
 
 As regards the time and manner of mak- 
 ing out the lists of persons entitled to 
 vote, or the time when the lists of voters 
 are to be signed and delivered to the sheriff 
 or returning officer. 25 L. J. C. P. 141; 17 
 C. B. 334; 30 L. J. C. P. 33; 9 C. B. N. S. 
 
SHAM PLEA 
 
 938 
 
 SHERIFF CLteRK 
 
 1; 55 L. J. Q. B. 12; 16 Q. B. D, 244; 54 
 L. T. .183; 60 J. P. 631. 
 
 As regards stamping the official mark 
 on the back of a ballot paper. 55 L. J. Q. 
 B. 273; 16 Q. B. D. 739; 54 L. T. 651; 34 
 W. R. 609; 50 J. P. 519. 
 
 As regards consent of father to the mar- 
 riage of a minor. 8 B. & C. 29; 6 L. J. O. 
 S. M. C. 67; 2 M. & R. 230. 
 
 As regards the questions to be asked a 
 recruit. 16 Q. B. 48; 20 L. J. Q. B. 73. 
 
 As regards the particulars to be stated 
 in a 'doctor's certificate for the detention of 
 a lunatic. 16 L. J. M. C. 18; 9 Q. B. 651. 
 
 As regards the formalities prior to a 
 sale by a bankruptcy assignee. .2 L. J. Ex, 
 179; 1 Cr. & M. 450; 3 Tyr. 339. 
 
 As regards the provisions in a private 
 act as to the mode of keeping the register 
 of proprietors in an incorporated company. 
 1 M. & G. 448; 2 lb. 606. 
 
 As regards the countersigning, by secre- 
 tary, of a bill or note of a joint-stock com- 
 pany. 9 C. B. 574; 19 L. J. C. P. 305; 1 
 H. & N. 165; 25 L. J. Ex. 348. 
 
 SHAM PLEA. One which is palpably false 
 in fact, though it be good in f orrti. 
 
 SHARE. A portion of anything. Some- 
 times shares are equal; at other times they 
 are unequal. 
 
 In companies and corporations, the whole 
 of the capital stock is usually divided into 
 equal portions, called "shares." See "Cap- 
 ital Stock." The proportion which descends 
 to one of several children from his ancestor 
 is called a "share." The term "share and 
 share alike" signifies in equal proportions. 
 
 SHARE AND SHARE ALIKE. In equal 
 shares or proportions. 
 
 SHARE WARRANT. A share warrant to 
 bearer is a warrant or certificate under the 
 seal of the company, stating that the bearer 
 of the warrant is entitled to a certain num- 
 ber or amount of fully paid up shares or 
 stock. 
 
 SHARPING CORN. A customary gift of 
 corn, which, at every Christmas, the farmers 
 in some parts of England give to their smith 
 for sharpening their plow irons, harrow 
 tines, etc. Blount. 
 
 SHAVE. Sometimes used to denote the 
 act of obtaining the property of another by 
 oppression and extortion; but it also denotes 
 the buying of existing notes and other se- 
 curities for money, at a discount. 2 Denio 
 (N. Y.) 293, 300. 
 
 SHEADING. A riding, tithing, or division 
 in the Isle of Man, where the whole island 
 is divided into six sheadings, in each of 
 which there is a coroner or chief constable 
 appointed by a delivery of a rod at the Tine- 
 wald Court or annual convention. King, 
 Isle of Man, 7. 
 
 SHEEP SILVER. A service turned into 
 money, which was paid because anciently 
 the tenants used to wash the lord's sheep. 
 
 SHELLEY'S CASE, RULE IN. "When the 
 ancestor, by any gift or conveyance, taketh 
 an estate of freehold, and in the same gift 
 or conveyance an estate is limited, either 
 mediately or immediately, to his heirs in fee 
 or in tail, 'the heirs' are words of limita- 
 tion of the estate, and not words of pur- 
 chase." 1 Coke, 104. 
 
 This rule has been the subject of much 
 comment. It is given by Mr. Preston (1 
 Prest. Est. pp. 263-419) as follows: "When 
 a person takes an estate of freehold, legally 
 or equitably,, under a deed, will, or other 
 writing, and in the same instrument there 
 is a limitation by way of remainder, either 
 with or without the interposition of another 
 estate, of the same legal or equitable qual- 
 ity, to his heirs, or heirs of his body, as a 
 class of persons to take in succession from 
 generation to generation, the limitation to 
 the heirs entitles the ancestor to the whole 
 estate." See 15 B. Mon. (Ky.) 282; Harg. 
 Tr. 489, 551; 2 Kent, Comm. 214. 
 
 If the limitation be to "heirs of the body," 
 he takes an estate tail; if to "heirs" gener- 
 ally, a fee simple. 1 Day (Conn.) 299; 2 
 Yeates (Pa.) 410. 
 
 It does not apply where the ancestor's 
 estate is equitable, and that of the heirs 
 legal. 1 Curt. C. C. (U. S.) 419. 
 
 SHEPWAY, COURT OF. A court held be- 
 fore the lord warden of the Cinque Ports. 
 A writ of error lay from the mayor and ju- 
 rats of each port to the lord warden in this 
 court, and thence to the queen's bench. The 
 civil jurisdiction of the Cinque Ports was 
 abolished by 18 & 19 Vict. c. 48. 
 
 SHEREFFE. The body of the lordship of 
 CaerdifE in South Wales. Pow. Hist. Wal. 
 123. 
 
 SHERIFF (Sax. seyre, shire, reve, keep- 
 er). A county officer representing the exec- 
 utive or administrative power of the state 
 within his county. 
 
 The office is said by Camden to have been 
 created by Alfred when he divided England 
 into counties; but Lord Coke is of opinion 
 that it is of still greater antiquity, and that 
 it existed in the time of the Romans, being 
 the deputy of the earl {comes), to whom the 
 custody of the shire was originally commit- 
 ted, and hence known as vice comes. Cam- 
 den, 156; Co. Litt. 168a; Dalton, Sheriff, 5. 
 
 The office was anciently of great dignity, 
 and conferred considerable judicial power. 
 1 Bl. Comm. 117; 3 Bl. Comm. 80. 
 
 In the United States, he is the chief peace 
 oflScer of the county, is the custodian of the 
 county jail, and executes the civil and crimi- 
 nal process and mandates of the courts with- 
 in his county. 
 
 SHERIFF CLERK. The clerk of the she^ 
 iff's court in Scotland. 
 
SHERIFF DEPUTE 
 
 9S9 
 
 SHIP MASTER 
 
 SHERIFF DEPUTE. In Scotch law. The 
 principal sheriff pf a county, who is also a 
 judge. 
 
 SHERIFF GELD. A rent formerly paid by 
 a sheriff, and it is prayed that the sheriff 
 in his account may be discharged thereof. 
 Eot. pari. 50 Edw. III. 
 
 SHERIFF TOOTH. In English law. A 
 tenure by the service of providing enter- 
 tainment for the sheriff at his county 
 courts; a common tax, formerly levied for 
 the sheriff's diet. Wharton. 
 
 SHERIFF'S COURT. In Scotch law. A 
 court having an extensive civil and criminal 
 jurisdiction. 
 
 Its judgments and sentences are subject 
 to review by the court of session and court 
 of justiciary. Alls. Prac. 25; Paterson, 
 Comp. 941, note. 
 
 SHERIFF'S COURT IN LONDON. A tri- 
 bunal having cognizance of personal actions 
 under the London (city) small debts act of 
 1852 (21 & 22 Vict. c. 157, § 3). See 11 & 
 12 Vict. c. 121; 15 & 16 Vict. c. 127; 18 & 
 19 Vict. c. 122, § 99; 20 & 21 Vict. c. 157. 
 
 The sheriff's court in London is one of 
 the chief of the courts of limited and local 
 jurisdiction in London. 3 Steph. Comm. 
 449, note (1) ; 3 Bl. Comm. 80, note (j). 
 
 SHERIFF'S JURY. In practice. A jury 
 composed of no determinate number, but 
 which may be more or less than twelve, sum- 
 moned by the sheriff for the purposes of an 
 inquisition or inquest of ofHce. 3 Bl. Comm. 
 258. 
 
 SHERIFF'S OFFICERS. Bailiffs, who are 
 either bailiffs of hundreds, or bound bailiffs. 
 
 SHERIFF'S TOURN. A court of record 
 in England, held twice each year, within a 
 month after Easter and Michaelmas, before 
 the sheriff, in different parts of the county. 
 
 It is, indeed, only the turn or circuit of 
 the sheriff to keep a court leet in each re- 
 spective hundred. It is the great court leet 
 of the county, as the county court is the 
 court baron; for out of this, for the ease of 
 the sheriff, was taken the court leet or view 
 of frank pledge {q. v.) 4 Steph. Comm. 
 339; 4 Bl. Comm. 273. 
 
 SHERIFFALTY. The office of sheriff. 
 
 SHERIFFWICK. The jurisdiction of a 
 sheriff. Doctor & Stud, dial 2, c. 42, p. 232. 
 Called, in modern law, "bailiwick." The 
 office of a sheriff. Finch, Law, bk. 4, c. 25. 
 
 SHERRERIE. A word used by the au- 
 thorities of the Roman Church, to specify 
 contemptuously the technical parts of the 
 law, as administered by nonclerical lawyers. 
 Bac. Abr. 
 
 SHEWER. In the practice of the English 
 high court, when a view by a jury is or- 
 dered, persons are named by the court to 
 
 show the property to be viewed, and are 
 hence called "shewers." There is usually a 
 shewer on behalf of each party. Archb. 
 Prac. 339 et seq. 
 
 SHEWING. In English law. To be quit 
 of attachment in a court, in plaints shewed 
 and not avowed. Obsolete. 
 
 SHIFTING CLAUSE. A shifting clause in 
 a settlement is a clause by which some other 
 mode of devolution is substituted for that 
 primarily prescribed. Examples of shifting 
 clauses are: The ordinary name and arms 
 clause, and the clause of less frequent oc- 
 currence, by which a settled estate is des- 
 tined as the foundation of a second family, 
 in the event of the elder branch becoming 
 otherwise enriched. 3 Dav. Conv. 273. 
 These shifting clauses take effect under the 
 statute of uses. 
 
 SHIFTING USE. Such a use as takes ef- 
 fect in derogation of some other estate, and 
 is limited expressly by the deed, or is al- 
 lowed to be created by some person named 
 in the deed. Gilb. Uses (Sugden Ed.) 152, 
 note; 2 Washb. Real Prop. 284. 
 
 For example, a feoffment in fee is made 
 to the use of W. and his heirs till A. pays 
 £40 to W., and then to the use of A. and his 
 heirs. A very common application is in the 
 case of marriage settlements. Williams, 
 Real Prop. 243. The doctrine of shifting 
 uses furnished a means of evading the prin- 
 ciple of law that a fee could not be limited 
 after a fee. See 2 Washb. Real Prop. 284 
 et seq.; Williams, Real Prop. 242; 1 Spence, 
 Eq. Jur. 452; 1 Vern. 402; 1 Edw. Ch. 34; 
 Plowd. 25; Poll. 65. See "Use." 
 
 SHIP. A vessel employed in navigation; 
 for example, the terms the ship's papers, 
 the ship's husband, shipwreck, and the like, 
 are employed whether the vessel referred to 
 be a brig, a schooner, a sloop, or a three- 
 masted vessel. 
 
 A vessel with three masts, employed in 
 navigation. 4 Wash. C. C. (U. S.) 530; 
 Weskett, Ins. 514. The. boats and rigging 
 (2 Marsh. Ins. 727), together with the an- 
 chors, masts, cables, and such-like objects, 
 are considered as part of the ship (Par- 
 dessus, note 599; Dig. 22. 2. 44). 
 
 SHIP BREAKING. In Scotch law. The 
 offense of breaking into a ship. Arkley, 461. 
 
 SHIP BROKER. One who transacts busi- 
 ness relating to vessels and their employ- 
 ment between the owners of vessels and mer- 
 chants who send cargoes. 
 
 SHIP DAMAGE. In the charter parties 
 with the English East India Company these 
 words occur. Their meaning is, damage 
 from negligence, insufficiency, or bad stow- 
 age in the ship. Doug. 272; Abb. Shipp. 
 204. 
 
 SHIP MASTER. The captain or master 
 of a ship. He controls and manages the 
 
SHIP MONEY 
 
 940 
 
 SHIRE 
 
 ship and cargo, and represents the owners 
 for certain purposes. 
 
 SHIP MONEY. A tax levied on ports, 
 towns, cities, boroughs, and counties to pro- 
 vide money for equipping the navy. It ex- 
 isted in England, and was finally abolished 
 in the reign of Charles I. after he had at- 
 tempted to restore it. This attempt, and 
 Hampden's resistance, was one cause which 
 led to the king's death. 
 
 SHIP'S HUSBAND. In maritime law. An 
 agent appointed by the owner of a ship, and 
 invested with authority to make the requi- 
 site repairs, and attend to the management, 
 equipment, and other concerns of the ship. 
 He is the general agent of the owners in 
 relation to the ship, and may be appointed 
 in writing or orally. He is usually, but not 
 necessarily, a part owner. 1 Pars. Mar. 
 Law, 97. He must see to the proper outfit 
 of the vessel in the repairs adequate to the 
 voyage, and in the tackle and furniture 
 necessary for a seaworthy ship; must have 
 a proper master, mate, and crew for the 
 ship, so that in this respect it shall be sea- 
 worthy; must see to the due furnishing of 
 provisions and stores according to the neces- 
 sities of the voyage; must see to the regu- 
 larity of the clearances from the custom 
 house, and the regularity of the registry; 
 must settle the contracts, and provide for 
 the payment of the furnishings which are 
 requisite to the performance of those duties ; 
 must enter into proper charter parties, or 
 engage the vessel for general,freight under 
 the usual conditions, and settle for freight 
 and adjust averages with the merchant; and 
 must preserve the proper certificates, sur- 
 veys, and documents, in case of future dis- 
 putes with insurers and freighters, and to 
 keep regular books of the ship. Bell, Comm. 
 ,§ 428; 4 Barn. & Adol. 375; 13 East, 538; 
 1 Younge & C. 326; 8 Wend. (N. Y.) 144; 
 16 Conn. 12. These are his general powers ; 
 but of course they may be limited or en- 
 larged by the owners; and it may be ob- 
 served that, without special authority, he 
 cannot borrow money generally for the use 
 of the ship, though, as above observed, he 
 may settle the accounts for furnishings, or 
 grant bills for them, which form debts 
 against the concern, whether or not he has 
 funds in his hands with which he might 
 have paid them. 1 Bell, Comm. § 499. Al- 
 though he may, in general, l^vy the freight 
 which is by the bill of lading payable on the 
 delivery of the goods, it would seem that 
 he would not have power to take bills for 
 the freight, and give up the possession of 
 the lien over the cargo, unless it has been so 
 settled by the charter party. 
 
 He cannot insure or bind the owners for 
 premiums. 17 Me. 147; 2 Maule & S. 485; 
 13 East, 274; 7 B. Mon. (Ky.) 595; 11 Pick. 
 (Mass.) 85; 5 Burrows, 2627; Paley, Ag. 
 (Lloyd Ed.) 23, note 8; Abb. Shipp.pt. 1, 
 c. 3, § 2; Marsh. Ins. bk. 1, c. 8, § 2; Liver- 
 more, Ag. 72, 78. 
 
 As the power of the master to enter into 
 contracts of affreightment is superseded in 
 the port of the owners, so it is by the pres- 
 ence of the ship's husband, or the knowledge 
 of the contracting parties that a ship's hus- 
 band has been appointed. 2 Bell, Comm. 
 199. The ship's husband, as such, has no 
 lien on the vessel or proceeds. 2 Curt. C. C. 
 (U. S.) 427. 
 
 SHIP'S PAPERS. The papers or docu- 
 ments required for the manifestation of the 
 ownership and national character of a vessel 
 and her cargo, and to show her compliance 
 with the revenue and navigation laws of the 
 country to which she belongs. 
 
 The want of these papers or any of them 
 renders the character of a vessel suspicious 
 (2 Boul. P. Dr. Com. 14) ; and the use of 
 false or simulated papers frequently sub- 
 jects the vessel to confiscation (15 East, 46, 
 70, 364; Molloy, bk. 2, c. 2, § 9), or avoids an 
 insurance unless the insurer has stipulated 
 that she may carry such papers (Id.) 
 
 A ship's papers are of two sorts: First, 
 those required by the law of the particular 
 country to which the ship belongs; as, the 
 certificate of registry or of enrollment, the 
 license, the crew list, the shipping articles, 
 clearance, etc.; and, second, such as are re- 
 quired by the law of nations to be on board 
 of neutral ships as evidence of their title to 
 that character; as the sea brief or letter, 
 or passport, the proofs of property in the 
 ship, as bills of sale, etc., the charter party, 
 the bills of lading, the invoices, the crew 
 list or muster roll, the log book, and the bill 
 of health. McCulloch, Comm. Diet. "Ship's 
 Papers." See Glenn, Int. Law, Append, p. 
 365, for a list of ship's papers required by 
 the laws of various nations. 
 
 SHIPPER. The consignor of goods to a 
 ship or common carrier for transportation. 
 
 SHIPPING. A generic term for all marine 
 craft, and for the things and matters which 
 are incident to it. 
 
 SHIPPING ARTICLES. An agreement, in 
 writing or print, between the master and 
 seamen or mariners on board his vessel (ex- 
 cept such as shall be apprenticed or servant 
 to himself or owners) , declaring the voyage 
 or voyages, term or terms of time, for which 
 such seamen or mariners shall be shipped. 
 It is also required that at the foot of every 
 such contract there shall be a memorandum, 
 in writing, of the day and the hour on 
 which each seaman or mariner who shall so 
 ship and subscribe shall render himself on 
 board to begin the voyage agreed upon. 
 
 SHIPWRECK. The loss of a vessel at sea, 
 eithe:^ by being swallowed up by the waves, 
 by running against another vessel or thing 
 at sea, or on the coast. 
 
 SHIRE. In Einglish law. A district or di- 
 vision of country. Co. Litt. 50a. 
 
SHIRE CLERK 
 
 941 
 
 SI NON APPAREAT QUID 
 
 SHIRE CLERK. He that keeps the coun- 
 ty court. 
 
 SHIRE GEMOT (spelled also, scire ge- 
 mote, sew gemot, seyre gemote, shire mote; 
 from the Saxon seir or scyre, county, shire, 
 and gemote, a court, an assembly) . 
 
 The Saxon county court. 
 
 It was held twice a year before the bishop 
 and alderman of the shire, and was the prin- 
 cipal court. Spelman. "Gemotum;" Cun- 
 ningham, "Shire;" Crabb, Hist. Eng. Law, 
 28. 
 
 SHIRE MAN, or SCYRE MAN. Before the 
 Conquest, the judge of the county, by whom 
 trials for land, etc., were determined. 
 
 SHOP. A building in which goods and 
 merchandise are sold at retail; where a re- 
 tail trade is carried on; a blacksmith's shop 
 is rather a warehouse than a shop. 7 J. P. 
 132. See "Stores". 
 
 SHOPA. In old records, a shop. Cowell. 
 
 SHORE (Lat. litus. Uttus). Land on the 
 margin of the sea, or a lake, or river. That 
 space of. land which is alternately covered 
 and left dry by the rising and falling of the 
 tide; the space between high and low 
 water marks. Hale de Jur. Mar. par. 1. c. 
 6; Angell, Tide Waters, 67, c. 3; 8 Mich. 27. 
 See "Seashore." The shore of a fresh water 
 river is where the land and water ordinarily 
 meet. 6 Cow. (N. Y.) 547. But this is more 
 properly called the "bank" (ripa) . A river 
 in which the tide does not ebb and flow has 
 no "shores," in the legal sense of the term. 
 Walworth, C, 4 Hill (N. Y.) 375. And a 
 lake without tides cannot properly be said 
 to have a shore. Angell, Tide Waters, ubi 
 supra. And see 3 Grat. (Va.) 655; 13 How. 
 (U. S.) 391. 
 
 SHORE LINE. The term "shore line," in 
 natural fresh water rivers, is usually used 
 as meaning low water mark, 224 111. 57. 
 
 SHORT CAUSE. In English chancery 
 practice, and in some of the United States, 
 a cause the trial of which will take but a 
 short time, and which may accordingly be 
 put on a special calendar for speedy trial. 
 See 8 Misc. Rep. (N. Y.) 94; 247 111. 112. 
 
 SHORT INTEREST. See "Gambling Con- 
 tract." 
 
 SHORT MARKET. See "Gambling Con- 
 tract." 
 
 SHORT NOTICE. In English practice. 
 Four days' notice of trial. Wharton, "Notice 
 of Trial at Common Law;" 3 Chit. St. 148; 
 1 Cromp. & M. 499. Where short notice has 
 been given, two days is sufficient notice of 
 continuance. Wharton. 
 
 SHORT SELLING. 
 
 tract." 
 
 See "Gambling Con- 
 
 SHORT SUMMONS. Process returnable 
 in a shorter time than the ordinary sum- 
 
 mons or writ. It exists in New York and 
 in other states. 
 
 SHOULD. A mandatory word. 163 111. 315. 
 
 SHOWING CAUSE. The presentation, on 
 a hearing appointed for that purpose, of 
 reasons and facts to control the action of 
 the court in respect to a certain specified or- 
 der or determination. 
 
 SHRIEVALTY. The office of sheriff; the 
 period of that office. 
 
 SHYSTER. A lawyer who conducts busi- 
 ness in a knavish or dishonest way. 
 
 SI. In Latin phrases. If. 
 
 SI A JURE DISCEDAS VAGUS ERIS, ET 
 erunt omnia omnibus incerta. If you depart 
 from the law, you will wander without a 
 guide, and everything will be in a state of 
 uncertainty to every one. Co. Litt. 227. 
 
 SI ALICUJUS REI SOCIETAS SIT, ET 
 finis negotio impositus est, finltur societas. 
 If there is a partnership in any matter, and 
 the business is ended, the partnership 
 ceases. 16 Johns. (N. Y.) 438, 489. 
 
 SI ALIQUID EX SOLEMNIBUS DEFICI- 
 at, cum aequltas poscit subvenlendum est. 
 If anything be wanting from required forms, 
 when equity requires, it will be aided. 1 
 Kent, Conrni. 157. 
 
 SI ASSUETIS MEDERI ROSSIS NOVA 
 non sunt tentanda. If you can be relieved 
 by accustomed remedies, new ones should 
 not be tried. 10 Coke, 142. 
 
 SI CONSTET DE PERSONA. If It be cer- 
 tain who is the person meant. 
 
 SI CONTINGAT (Lat. if it happen). 
 Words of condition in old conveyances. 10 
 Coke, 42a. 
 
 SI INGRATUM DIXERIS, OMNIA DIX- 
 
 eris. If you affirm that one is ungrateful, in 
 that you include every charge. A Roman 
 maxim. Tray. Lat. Max. 
 
 SI ITA EST. If it be so. Emphatic words 
 in the old writ of mandamus to a judge, 
 commanding him, if the fact alleged be 
 truly stated (si ita est), to affix his seal to 
 a bill of exceptions. 5 Pet. (U. S.) 192. 
 
 SI JUDICAS, COGNOSCE. If you judge, 
 understand. 
 
 SI MELIORES SUNT QUOS DUCIT 
 amor, plures sunt quos corrlgit timor. If 
 those are better who are led by love, those 
 are the greater number corrected by fear. 
 Co. Litt. 392. 
 
 SI NON APPAREAT QUID ACTUM EST 
 erit consequens, ut id sequamur quod in re- 
 gione in qua actum est, frequentatur. If It 
 does not appear what was agreed upon, the 
 consequence will be that we must follow 
 
SI NON OMNES 
 
 942 
 
 SIC UTERE TUO UT ALIENUM 
 
 that which is the usage of the place where 
 the agreement was made. Dig. 50. 17. 34. 
 
 SI NON OMNES (Lat. if all cannot). In 
 English practice. A writ of association of 
 justices whereby, if all in commission can- 
 not meet at the day assigned, it is allowed 
 that two or more may proceed with the busi- 
 ness. Cowell; Pitzh. Nat. Brev. Ill (C), 
 186a; Reg. Orig. 202,206, 
 
 SI NULLA SIT CONJECTURA QUAE DU- 
 cat alio, verba intelligenda sunt ex proprle- 
 tate, non grammatlca sed popular! ex usu. 
 If there be no inference which leads to a 
 different result, words are to be understood 
 according to their proper meaning, not in a 
 grammatical, but in a popular and ordinary, 
 sense. 2 Kent, Comm. 555. 
 
 SI PLURES CONDITIONES ASCRIP- 
 tae fuerunt donation! conjunctim, omnibus 
 est parendum; et ad veritatem copulative 
 requlritur quod utraque pars sit vera, si divl- 
 Sim, cuilibe't vel alter! eorum satis est ob- 
 temperare; et in disjunctivis, sufficit alte- 
 ram partem esse veram. If some conditions 
 are conjunctively written in a gift, the 
 whole of them must be complied with; and 
 with respect to their truth, it is necessary 
 that every part be true, taken jointly; if 
 the conditions are separate, it is sufficient 
 to comply with either one or other of them; 
 and being disjunctive, that one or the other 
 be true. Co. Litt. 225. 
 
 SI PLURES SINT FIDEJUSSORES, 
 quodque erunt numero, singuli In solidum 
 tenentur. If there are more sureties than 
 one, how many soever they shall be, they 
 shall each be held for the whole. Inst, 3. 
 21. 4; Id. 4. 116; 1 W. Bl. 388. 
 
 SI PR! US (Law Lat.) In old practice. If 
 before. Formal words in the old writs for 
 summoning juries. Fleta, lib. 2, c. 65, § 12, 
 
 SI QUID UNIVERSITATI DEBETUR SIN- 
 gulis non debetur, nee quod debet unlversl- 
 tas singuli debent. If anything is due to a 
 corporation, it is not due to the individual 
 members of it, nor do the members indi- 
 vidually owe what the corporation owes. 
 Dig. 3. 4. 7; 1 Bl. Comm. 484, 
 
 SI QUIDEIVI IN NOMINE, COGNOMINE, 
 praenomine, agnomine legatarii erraverit; 
 cum de persona constat, nihilominus valet 
 legatum. If the testator has erred in the 
 name, cognomen, praenomen, or title of the 
 legatee, whenever the person is rendered 
 certain, the legacy is nevertheless valid. 
 Inst. 2. 20. 29; Broom, Leg. Max. (3d Lon- 
 don Ed.) 574; 2 Domat, bk, 2, tit, 1, s. 6, 
 §§ 10, 19, 
 
 SI QUIS (Lat.) In the civil law. If any 
 one. Formal words in the praetorian edicts. 
 The word "quis," though masculine in form, 
 was held to include women. Dig. 60. 16. 1. 
 
 SI QUIS CUSTOS FRAUDEM PUPILLO 
 fecerit, a tutela removendus est. If a guard- 
 
 ian behave fraudulently to his ward, he 
 shall be removed from the guardianship. 
 Jenk, Cent, Cas, 89, 
 
 SI QUIS PRAEGNANTEM UXOREM RE- 
 llquit, non videtur sine liberis decesslsse. If 
 a man dies, leaving his wife pregnant, he 
 shall not be considered as having died child- 
 less. 
 
 SI QUIS UNUM PERCUSSERIT, CUM 
 alium percutere vellet, in felonia tenetur. If 
 a man kill one, meaning to kill another, 
 he is held guilty of felony, 3 Inst, 51, 
 
 SI RECOGNOSCAT (Lat. if he acknowl- 
 edge). In old practice. A writ which lay 
 for a creditor against his debtor for money 
 numbered (pecunia numerata) or counted; 
 that is, a specific sum of money, which the 
 debtor had acknowledged in the countjr 
 court, to owe him, as received in pecuniis 
 numeratis. Cowell, 
 
 SI SUGGESTIO NON SIT VERA, LITE- 
 rae patentes vacuae sunt. If the suggestion 
 of a patent is false, the patent itself is void. 
 10 Coke, 113, 
 
 SI TE FECERIT SECURUM (Lat. it he 
 make you secure). Words which occur in 
 the form of writs, which originally re- 
 quired, or still require, that the plaintiff 
 should give security to the sheriff that he 
 will prosecute his claim, before the sheriff 
 can be required to execute such writ. 
 
 SIB (Saxon). A relative or kinsman. Used 
 in the Scotch tongue, but not now in Eng- 
 lish. A trace of it is found in the word 
 "gossip" which originally was "God's sib," 
 meaning God's kin. 
 
 SIC (Lat.) Thus; so; in such manner. 
 
 SIC ENIM DEBERE QUEM MELIOREIVI 
 agrum suum facere, ne vlcin! deteriorem fa- 
 ciat. Every one ought so to Improve hla 
 land as not to injure his neighbor's. 3 Kent, 
 Comm, 441. 
 
 SIC INTERPRETANDUM EST UT VER- 
 
 ba acciplantur cum effectu. Such an inter- 
 pretation is to be made that the words may 
 have an effect. 3 Inst, 80. 
 
 SIC SUBSCRIBITUR (Lat.) In Scotch 
 practice. So it is subscribed. Formal words 
 at the end of depositions, immediately pre- 
 ceding the signature. 1 How. St. Tr. 1379. 
 
 SIC UTERE TUO UT ALIENUM NON 
 
 laedas. So use your own as not to injure 
 another's property, 1 Bl. Comm. 306; 
 Broom, Leg. Max. (3d London Ed.) 206, 
 note, 246, 327, 332, 336, 340, 348, 353; 2 
 Bouv. Inst, note 2379; 5 Exch; 797; 12 Q. 
 B. 739; 4 Adol. & E. 384; 15 Johns. (N. Y.) 
 218; 17 Johns. (N. Y.) 99; 17 Mass. 334; 
 4 McCord (S. C.) 472; 9 Coke, 59; 22 HI, 
 510. Applied to the use of water powers. 
 90 Wis,, 370, 28 L. R. A, 443. 
 
SICH 
 
 943 
 
 SIGNATURE 
 
 SICH. A little current of water, which Is 
 dry in summer; a water furrow or gutter. 
 • Cowell. 
 
 SIC I US. A sort of money current among 
 the ancient English, of the value of 2d. 
 
 SICKNESS. The state of being sick or 
 suffe'ring from disease; a diseased condition 
 of the system; illness; ill health; a disease; 
 a malady; a particular kind of disorder; a 
 diseased, distracted, or enfeebled state. In- 
 ability to work from mere old age is not. 51 
 J. P. 227; pregnancy is not; 26 L. J. C. M. 
 169; but a woman may be "ill" from preg- 
 nancy. Color blindness and incurable blind- 
 ness have been held to be sickness. 7 E. & 
 B. 794; 90 Neb. 114; Ann. Cas. 1913 A 765; 
 3 El. & Bl. 587; 28 Eng. L. & Eq. 176. 
 
 SICUT (Lat.) As. 
 
 SICUT ALIAS. As at another time, or 
 heretofore. This was a second writ sent out 
 when the first was not executed. 
 
 SICUT ALIAS PRAECIPIMUS. As we 
 have formerly commanded you. 70 111. App. 
 179; 172 111. 196. 
 
 SICUT ME DEUS ADJUVET (Lat.) So 
 help me God. Pleta, lib. 1, c. 18, § 4. 
 
 SICUT NATURA NIL FACIT PER SAL- 
 tum, Ita nee lex. As nature does nothing 
 by a bound or leap, so neither does the law. 
 Co. Litt. 238. 
 
 SIDE. See "Plea Side." 
 
 SIDE-BAR RULES. In English practice. 
 Rules which were formerly moved for by 
 attorneys on the side bar of the court, but 
 now may be had of the clerk of the rules, 
 upon a praecipe. These rules are, that the 
 sheriff return his writ, that he bring in the 
 body, for special imparlance, to be present 
 at the taxing of costs, and the like. 
 
 SIDELINGS (L. Lat.) In old records. TJn- 
 ploughed pieces of land on the sides of 
 fields. Meres or balks on the side of arable 
 lands. Cowell. 
 
 SIDESMEN (testes, synodales) . In eccle- 
 siastical law. A kind of . impanelled jury, 
 consisting of two, three, or more persons, 
 in every parish, who were, upon oath, to 
 present all heretics and irregular persons. 
 In process of time they became standing 
 ofijcers in many places, especially cities. 
 They were called "synodsmen," — ^by cor- 
 ruption, "sidesmen;" also "questmen." But 
 their office has become absorbed in that of 
 church warden. 1 Burn, Ecc. Law, 399. 
 
 SI ENS. Scions or descendants. 
 
 SIERVO (Spanish). In Spanish law. A 
 slave. Las Partidas, pt. 4, tit. 21, lib. 1. 
 
 SIETE PARTIDAS (Spanish). Seven 
 parts, aee "Las Partidas." 
 
 SIGHT. Presentment. Bills of exchange 
 are frequently drawn payable at sight, or 
 a certain number of days or months after 
 sight. 
 
 SIGILLUM (Lat.) A seal. 
 
 SIGILLUM EST CERA IMPRESSA, QUIA 
 cera sine Impressione non est siglllum. A 
 seal is a piece of wax impressed, because 
 wax without an impression is not a seal. 3 
 Inst. 169. But see "Seal." 
 
 SIGLA (Lat.) In Roman law. Marks or 
 signs of abbreviation used in writing. Code, 
 1. 17. 11. 13. 
 
 SIGN. To make a mark. The signature Is 
 the sign thus made. 140 Iowa 80. 
 
 Signing does not necessarily mean a 
 written signature, as distinguished from a 
 signature by mark, by print, by stamp, or 
 by the hand of another. 157 Mass. 439. 
 See "Signature." 
 
 A token of anything; a note or token 
 given without words. 
 
 SIGN MANUAL. In English law. The 
 signature of the king to grants or letters 
 patent, inscribed at the top. 2 Bl. Comm. 
 347*. 
 
 Any one's name written by himself. Web- 
 ster; Wharton. The sign manual is not 
 good unless countersigned, etc. 9 Mod. 54. 
 
 SIGN A (Lat.) In civil law. Those species 
 of indicia which come more immediately 
 under the cognizance of the senses ; such as 
 stains of blood on the person of one ac- 
 cused of murder, indications of terror at 
 being charged with the offense, and the like. 
 
 Signa, although not to be rejected as in- 
 struments of evidence, cannot always be 
 relied upon as conclusive evidence, for they 
 are frequently explained away. In the in- 
 stance mentioned, the blood may have been 
 that of a beast; and expressions of terror 
 have been frequently manifested by inno- 
 cent persons who did not possess much 
 firmness. See Best, Pres. Ev. 13, note (f ) ; 
 Denisart. 
 
 SIGNARE (Lat.) In the civil law. To 
 seal; to affix a seal; to confirm by a seal. 
 
 In old English law. To seal a measure. 
 Fleta, lib. 2, c. 82, § 1. 
 
 SIGNATORIUS ANNULUS (Lat.) In the 
 civil law. A signet ring; a seal ring. Dig. 
 50. 16. 74. 
 
 SIGNATURE. 
 
 In Ecclesiastical Law. The name of 
 
 a sort of rescript, without seal, containing 
 the supplication, the signature of the pope 
 or his delegate, and the grant of a pardon. 
 Diet. Dr. Canonique. 
 
 In Practice. By signature is under- 
 stood the act of putting down a man's name 
 at the end of an instrument, to adopt its 
 statements, or attest its validity. The name 
 thus written is also called a "signature." 
 It must be the actual writing of the name. 
 
SIGNET 
 
 944 
 
 SIMPLE OBLIGATION 
 
 or the doing of some act intended by the 
 person to be equivalent to the actual sig- 
 nature of the name. Pry Specif. Pert 
 § 517; 3 Mer. 2. 
 
 It is not necessary that a party should 
 write his name himself, to constitute a sig- 
 nature; nor is it necessary that it be writ- 
 ten as distinguished from signing by mark, 
 by print, by stamp, or by the hand of an- 
 other, 157 Mass. 439; or another may, with 
 the signer's consent, guide his hand. 4 
 Wash. C. C. (.V. S.) 262, 269. 
 
 A mark is sufficient even though the 
 party is able to write. 8 Adol. & E. 94; 3 
 Nev. & P. 228; 3 Curt. C. C. (U. S.) 752; 
 2 Johns. (N. Y.) 144; and a printed name, 
 if ratified and adopted, will suffice. Fry. 
 Spec. Pert § 518; 2 B. & P. 239; 27 W. R. 
 706; 48 L. J. Ch. 567; 2 M. & S. 286. See 
 Sign. 
 
 SIGNET. A seal commonly used for the 
 sign manual of the sovereign. Wharton. 
 The signet is also used for the purpose of 
 civil justice in Scotland. Bell, Diet. 
 
 SIGNIFICATION (Lat. signum, a sign, 
 facer e, to make). In French law. The 
 notice given of a decree, sentence, or other 
 judicial act. 
 
 SIGNIFICAVIT (Lat.) In ecclesiastical 
 law. When this word is used alone, it 
 means the bishop's certificate to the court 
 of chancery in order to Obtain the writ of 
 excommunication; but where the words 
 writ of significavit are used, the meaning 
 is the same as writ de excommunicato ca- 
 piendo. 2 Burn, Ecc. Law, 248 ; Shelf. Mar. 
 & Div. 502. 
 
 SIGNING JUDGMENT. 
 
 In English Practice. The plaintiff or 
 
 defendant, when the cause has reached such 
 a stage that he is entitled to a judgment, 
 obtains the signature or allowance of the 
 proper officer; and this is called "signing 
 judgment," and is instead of the delivery 
 of judgment in open court. Steph. PI. 111. 
 It Is the leave of the master of the office 
 to enter up judgment, and may be had in 
 vacation. 3 Barn. & C. 317; Tidd, Prac. 
 616. 
 
 ' In American Practice. It is an actual 
 signing of the judg:ment on the record, by 
 the judge or other officer duly authorized. 
 Graham, Prac. 341. 
 
 SIGNUIVI (Lat.) 
 
 In the Roman and Civil Law. A sign; 
 
 a mark; a seal. The seal of an instrument. 
 Calv. Lex. 
 
 In the Saxon Law. The sign of a cross 
 
 prefixed as a sign of assent and approba- 
 tion to a charter or deed. 
 
 SILENT LEGES INTER ARMA. Laws are 
 silent amidst arms. 4 Inst. 70. 
 
 SILK GOWN. The professional robe worn 
 by those barristers who have been ap- 
 pointed queen's counsel (q. v.) It is the 
 
 distinctive badge of queen's or king's 
 counsel, 
 
 SILVA CAEDUA (Lat.) By these words, 
 in England, is understood every sort of 
 wood, except gross wood of the age of 
 twenty years. Bac. Abr. "Tythes" (C). 
 
 SIMILITER (Lat. likewise). In pleading 
 The plaintiff's reply that, as the defendant 
 has put himself upon the country, he, the 
 plaintiff, does the like. It occurs only when 
 the plea has the conclusion to the country, 
 and its effect is to join the plaintiff in the 
 issue thus tendered by the defendant. Co. 
 Litt. 126a. The word similiter was the ef- 
 fective word when the proceedings were in 
 Latin. 1 Chit. PI. 519; Archb. Civ. PI. 250. 
 See Steph. PI. 255; 2 Saund. 319b; Cowp. 
 407; 1 Strange, 551; 11 Serg. & R. (Pa.) 
 32. 
 
 SIMILITUDO LEGALIS EST, CASUUM 
 diversorum inter se collatorum simills ratio; 
 quod in uno simillum valet, valebit in altero. 
 Disslmillum, dissimllis est ratio. Legal sim- 
 ilarity is a similar reason which governs 
 various cases when compared with each 
 other, for what avails in one similar case 
 will avail in the other. Of things dissimi- 
 lar, the reason is dissimilar. Co. Litt. 191. 
 
 SIMONIA EST VOLUNTAS SIVE DESI- 
 derium emendi vel vendendi spirltualia vel 
 spirltualibus adhaerentia: Contractus ex 
 turpi causa et contra bonos mores. Simony 
 is the will or desire of buying or selling 
 spiritualities, or things pertaining thereto. 
 It is a contract founded on a bad cause, 
 and against morality. Hob. 167. 
 
 SIMONY. In ecclesiastical law. The sell- 
 ing and buying of holy orders or an eccle- 
 siastical benefice. Bac. Abr. By "simony" 
 is also understood an unlawful agreement 
 to receive a temporal reward for something 
 holy or spiritual. Code, 1. 3. 31; Ayliffe, 
 Par. 496. 
 
 SIMPLE AVERAGE. Particular average 
 (g, V.) 
 
 SIMPLE CONTRACT. A contract the evl- , 
 dence of which is merely oral or in writing, 
 not under seal nor of record. 1 Chit. Cont. 
 1; 1 Chit. PI. 88. And see 11 Mass. 30; 11 
 East, 312; 4 Barn. & Aid. 588; 3 Starkie, 
 Ev. 995; 2 Bl. Comm. 472. 
 
 SIMPLE DEPOSIT. A deposit made, ac- 
 cording to the civil law, by one or more 
 persons having a common interest. 
 
 SIMPLE LARCENY. The felonious takhig 
 and carrying away the personal goods of 
 another, unattended by acJts of violence. It 
 is distinguished from "compound larceny, 
 which is stealing from the person or with 
 violence. See "Larceny," 
 
 SIMPLE OBLIGATION. An unconditional 
 obligation; one which is to be performed 
 
SIMPLE TRUST 
 
 945 
 
 SINE DIE 
 
 Mfithout depeiidlng upon any event provided 
 by the parties to it. 
 
 SIMPLE TRUST. A simple or passive 
 trust corresponds with the ancient use, and 
 is where property is simply vested in one 
 person for the use of another, and the na- 
 ture of the trust, not being qualified by the 
 settler, is left to the construction of law. 
 It differs from a "special trust," in that the 
 trustee performs no duty. 7 Watts & S. 
 (Pa.) 25; 2 Bouv. Inst, note 1896. See 
 "Trust." 
 
 SIMPLE WARRANDICE. In Scotch law. 
 An obligation to warrant or secure from all 
 subsequent or future deeds of the grantor. 
 Whlshaw. A simple warranty against the 
 grantor's own acts. 
 
 SIMPLEX (Lat.) Simple or single; as, 
 eharta simplex is a deed poll or single deed. 
 Jacob. 
 
 SIMPLEX BENEFICIUM. In ecclesiasti- 
 cal law. A minor dignity in a cathedral or 
 collegiate church, or any other ecclesiastical 
 benefice, as distinguished from a cure of 
 souls. It may therefore be held with any 
 parochial cure, without coming under the 
 prohibitions against pluralities. 
 
 SIMPLEX COMMENDATIO NON OBLI- 
 gat. A simple recommendation does not 
 bind. Dig. 4. 3. 37; 2 Kent, Comm. 485; 
 Broom, Leg. Max. (3d London Ed.) 700; 4 
 Taunt. 488; 16 Q. B. 282, 283; Cro. Jac. 4; 
 5 Johns. (N. Y.) 354; 4 Barb. (N. Y.) 95. 
 
 SIMPLEX DICTUM. In old English prac- 
 tice. Simple averment; mere assertion 
 without proof. Bracton, fol. 320. 
 
 SIMPLEX ET PURA DONATIO DICI PO- 
 terit, ubi nulla est adjecta conditio nee 
 modus. A gift Is said to be pure and simple 
 when no condition or qualification is an- 
 nexed. Bracton, 1. 
 
 SIMPLEX JUSTITIARIUS (Law Lat.) In 
 old records. Simple justice. A name some- 
 times given to a puisne justice. Cowell. 
 
 SIMPLEX LOQUELA. U old English 
 practice. Simple speech; the mere declara- 
 tion or plaint of a plaintiff. Called in Fleta, 
 simplex vox. Lib. 2, c. 63, § 9. 
 
 SIMPLEX OBLIGATIO. A single obliga- 
 tion; a bond without a condition. 2 Bl. 
 Comm. 340. 
 
 SIMPLEX PEREGRINATIO (Law Lat.) In 
 old English law. Simple pDgrimage. Fleta, 
 lib. 4, c. 2, I. 2. 
 
 SIMPLICITAS EST LEGIBUS AIVIICA, ET 
 nimia subtilitas in jure reprobatur. Simpli- 
 city is favorable to the law, and too much 
 subtlety is blameworthy in law. 4 Coke, 8. 
 
 SIMPLICITER (Lat.) Simply; without 
 ceremony; in a summary manner. 
 
 SIIVIUL CUM (Lat, together with). In 
 pleading. Words used in indictments and 
 declarations of trespass against several per- 
 sons, when some of them are known and 
 others are unknown. 
 
 In cases of riots, it is usual to charge that 
 A. B., together with others unknown, did 
 the act complained of. 2 Chit. Crim. Law, 
 488; 2 Salk. 593. 
 
 When a party sued with another pleads 
 separately, the plea is generally entitled in 
 the name of the person pleading, adding, 
 
 "sued with ," naming the other 
 
 party. When this occurred, it was, in the 
 old phraseology, called pleading with a 
 simul cum, 
 
 SIMUL ET SEMEL (Lat.) Together and 
 at one time. Fleta, lib. 2, c. 47, § 5; 1 
 Saund. 323a, note (6). 
 
 SIMULATED FACT. In the law of evi- 
 dence. A fabricated fact; an appearance 
 given to things by human device, with a 
 view to deceive and mislead. Burrill, Circ. 
 Ev. 13L 
 
 SIMULATIO LATENS. A species of 
 feigned disease, in which disease is actually 
 present, but where the symptoms are false- 
 ly aggravated, and greater sickness is pre- 
 tended than really exists. Beck, Med. 
 Jur. 3. 
 
 SIMULATION (Lat. simul, together). 
 In French law. The concert or agreement 
 of two or more persons to give to one thing 
 the appearance of another, for the purpose 
 of fraud. Merlin, Repert. 
 
 With us, such act might be punished by 
 indictment for a conspiracy, by avoiding 
 the pretended contract, or by action to re- 
 cover back the money or property which 
 may have been thus fraudulently obtained. 
 
 SINE (Lat.) Without. 
 
 SINE ANIMO REVERTENDI. Without the 
 intention of returning. 
 
 SINE ASSENSU CAPITULI (Lat. without 
 the consent of the chapter). In old Eng- 
 lish practice. A writ which lay where a 
 dean, bishop, prebendary, abbot, prior, or 
 master of a hospital aliened the lands hold- 
 en in the right of his house, abbey, or 
 priory, without the consent of the chapter; 
 in which case his successor might have this 
 writ. Fitzh. Nat. Brev. 195. 
 
 SINE CONSIDERATIONE CURIAE (Lat.) 
 Without the judgment of the court. 
 
 SINE DECRETO (Lat.) Without author- 
 ity of a judge. 2 Karnes, Eq. 115. 
 
 SINE DIE (Lat.) Without day. A judg- 
 ment for a defendant in many cases is quod 
 eat sine die, that he may go without day. 
 While the cause is pending and undeter- 
 mined, it may be continued from term to 
 term by dies datus. See "Continuance;" 
 Co. Litt. 362b, 363a. When the court or 
 
SINE HOC. QUOD 
 
 946 
 
 SIX ACTS, THE 
 
 other body rise at the end of a session or 
 term, they adjourn sine die. 
 
 SINE HOC QUOD (Law Lat. without this, 
 that). A technical phrase in old pleading, 
 of the same import with the phrase "absque 
 hoc" (q. V.) 
 
 SINE JUDICIO (Law Lat.) Without judg- 
 ment; without a judicial sentence. Fleta, 
 lib. 4, c. 14, § 1. 
 
 SINE LIBERIS (Lat.) Without children. 
 For the construction of this phrase in the 
 civil law, see Dig. 50. 16. 148; Id. 50. 17. 
 187. 
 
 SINE NUMERO (Law Lat. without stint 
 or limit). A term applied to common. 
 Fleta, lib. 4, c. 19, § 8. 
 
 SINE POSSESSIONE USUCAPIO PRO- 
 cedere non potest. There can be no pre- 
 scription without possession. 
 
 SINE PROLE. Without Issue. Used in 
 genealogical tables. 
 
 SINECURE. In ecclesiastical law. A term 
 used to signify that an ecclesiastical officer 
 is without a charge or cure. 
 
 In common parlance, it means the receipt 
 of a salary for an office when there are no 
 duties to be performed. 
 
 SINGLE BILL. One without any condi- 
 tion, and which does not depend upon any 
 future event to give it validity. 5 111. 483. 
 
 SINGLE BOND. A bond without a condi- 
 tion. 
 
 SINGLE COMBAT, TRIA^ BY. See "Bat- 
 tel." 
 
 SINGLE ORIGINAL. An original instru- 
 ment which is not executed in duplicate. 
 
 SINGULAR SUCCESSOR. A purchaser 
 is so termed in the Scotch law, in contra- 
 distinction to the heir of the landed pro- 
 prietor, who succeeds to the whole heritage 
 by regular title of succession, whereas the 
 purchaser acquires rights solely by the 
 single title of the former proprietor. 
 
 SINGULI IN SOLIDUM TENENTUR. 
 
 Each is bound for the whole. 6 Johns. Ch. 
 (N. Y.) 242, 252. 
 
 SINKING FUND. A fund arising from 
 particular taxes, imposts, or duties, which is 
 appropriated towards the payment of the 
 interest due on a public loan, and for the 
 gradual payment of the principal. 9 Neb. 
 453. 
 
 SI ST. In Scotch practice. A stay or sus- 
 pension of proceedings, an order for a stay 
 of proceedings. Bell, Diet. 
 
 SISTER. A female person considered in 
 the relation to another person having the 
 same parents. 193 111. App. 617. 
 
 SITHCUNDMAM. The high constable o{ 
 a hundred. 
 
 SITTINGS AFTER TERM. Sittings in 
 banc after term were held by authority of 
 St. 1 & 2 Vict. e. 32. The courts were at 
 liberty to transact business at their sittings 
 as in term time, but the custom was to dis- 
 pose only of cases standing for argument or 
 judgment. Wharton. 
 
 SITTINGS IN BANK (or BANC). The sit- 
 tings which the respective superior courts 
 of common law hold during every term for 
 the purpose of hearing and determining 
 the various matters of law argued before 
 them. 
 
 They are so called in contradistinction to 
 the sittings at nisi prius, which are held 
 for the purpose of trying issues of fact. 
 The former are usually held, in England, 
 before four of the judges, while at the 
 latter one judge only presides. Holthouse; 
 3 Steph. Comm. 423. 
 
 In America, the practice is essentially the 
 same, all the judges, or a majority ot them, 
 usually, sitting in. banc, and but one holding 
 the court for jury trials, and the term has 
 the same application here as in England. 
 
 SITTINGS IN CAMERA. See "Chambers." 
 
 SITUS (Lat.) Situation; location. 5 Pet. 
 (U. S.) 524. 
 
 Real estate has always a fixed sites, 
 while personal estate has no such fixed 
 situs; the law rei sitae regulates real, but 
 not the personal, estate. Story, Confl. 
 Laws, § 379. 
 
 The rules as to the situs of personal 
 property have been stated as follows: 
 
 (1) Movable and tangible chattels are of 
 the county where they may be at the time. 
 
 (2) Shares in corporations or joint-stock 
 companies are of the county where the 
 chief office of the company is situated. 
 
 (3) Judgments and other debts of record 
 are of the county where the record is kept. 
 
 (4) Bonds and negotiable securities are 
 of the county where they happen to be at 
 the time. 
 
 (5) Promissory notes, bills of exchange, 
 and all simple contracts are of the county 
 where the debtor resides. 
 
 (6) Demands against a commonwealth 
 are of the county wherein is situated the 
 seat of government. 2 Minor, Inst. 853. 
 
 SIVE TOTA RES EVINCATUR, SIVE 
 pars habet regressum emptor in vendltorem. 
 The purchaser who has beeft evicted in 
 whole or in part has an action against the 
 vendor. Dig. 21. 2. 1; Broom, Leg. Max. 
 (3d London Ed.) 690. 
 
 SIX ACTS, THE. The acts passed in 1819, 
 for the pacification of England, are so 
 called. They, in effect, prohibited the tram- 
 ing of persons to arms; authorized general 
 searches and seizure of arms; prohibited 
 meetings of more than fifty persons for the 
 discussion of public grievances; repressed 
 
SIX CLERKS IN CHANCERY 
 
 947 
 
 SLAVE 
 
 ■with heavy penalties and confiscations se- 
 ditious and blasphemous libels ; and checked 
 pamphleteering by extending the newspa- 
 per stamp duty to political pamphlets. 
 Brown. 
 
 SIX CLERKS IN CHANCERY. Officers 
 who received and filed all proceedings, sign- 
 ed ofBce copies, attended court to read the 
 pleadings, etc. Abolished by 5 Vict. c. 5. 
 3 Bl. Comm. 443*; Spence, Eq. Jur.; Fleta, 
 lib. 2, c. 13, § 15. 
 
 SIXHINDI. Servants of the same nature 
 as rodknlghts. Anc. Inst. Eng. 
 
 SKELETON BILL. In commercial law. A 
 blank paper, properly stamped, in those 
 countries where stamps are required, with 
 the name of a person signed at the bottom. 
 
 In such case, the person signing the 
 paper will be held as the drawer or accep- 
 tor, as it may be, of any bill which shall 
 afterwards be written above his name, to 
 the sum of which the stamp is iapplicable. 
 1 Bell, Comm. (5th Ed.) 390. 
 
 SKIAGRAPH. A skiagraph is not a pic- 
 ture of the object or substance itself, but 
 of the shadow merely, which is cast by 
 such object or substance. 149 111. App. 
 
 445. 
 
 SLA INS. See "Letters of Slains." 
 
 SLANDER. In torts. Words maliciously 
 spoken or written of another, imputing to 
 . him some crime, or tending to exclude him 
 from society, and cause him to be avoided 
 (see 87 N. C. 300), or which tend to his 
 prejudice in his profession, trade, or busi- 
 ness (36 Wis. 515). See "Slut." 
 
 SLANDER OF TITLE. In torts. A state- 
 ment tending to cut down the extent of 
 title. See 60 Cal. 160. An action for 
 slander of title is not properly an action 
 for words spoken, or for libel written and 
 published, but an action on the case for 
 special damage sustained by reason of the 
 speaking or publication of the slander of 
 the plaintiff's Jitle. An action is permitted 
 against one who falsely and maliciously 
 disparages the title of another to property, 
 whether real or personal, and thereby 
 causes him some special pecuniary loss or 
 damage. 90 Cal. 537. This action is rang- 
 ed under that division of actions in the 
 digests and other writers on the text law, 
 and is so held by the courts at the present 
 day. An action for slander of title is a 
 sort of metaphorical expression. Slander 
 of title may be of such a nature as to fall 
 within the scope of ordinary slander. 
 Slander of title ordinarily means a state- 
 ment tending to cut dovm. the extent of 
 title, which is injurious only if it is false. 
 It is essential, to give a cause of action, 
 that the statement should be false. It is 
 essential, also, that it should be malicious, 
 —not malicious in the worst sense, but with 
 intent to injure the plaintiff. If the state- 
 
 ment be true, if there really be the in- 
 firmity in the title that is suggested, no ac- 
 tion will lie, however malicious the defend- 
 ant's intention might be. Heard, Lib. & 
 Sland. §§ 10, 59 et seq. 
 
 SLANDERER. A calumniator who mali- 
 ciously and without reason imputes a crime 
 or fault to another, of which he is innocent. 
 
 For this offense, when the slander is 
 merely verbal, the remedy is an action on 
 the case for damages; when it is reduced 
 to writing or printing, it is a libeL 
 
 SLAVE. One over whose life, liberty, and 
 property another has unlimited control. 
 The jus vitae et necis is included in pure or 
 absolute slavery. Such a power has no 
 foundation in natural law, and hence the 
 Justinian Code declared it contra naturam 
 esse. Inst. 1. 4. 2. 
 
 Every limitation placed by law upon this 
 absolute control modifies and to that extent 
 changes the condition of the slave. In every 
 slaveholding state of the United States, the 
 life and limbs of a slave were protected 
 from violence inflicted by the master or 
 third persons. 
 
 Among the Romans, the slave was classed 
 among things {res) . He was homo sed non 
 persona. Heinec. Elem. Jur. Civ. lib. 1, 
 i 75. He was considered pro nulla et mor- 
 tuo, quia nee statu familiae nee civitatis nee 
 libertatis gaudet. Id. § 77. See, also, 4 
 Dev, (N. C.) 340; 9 Ga. 582. In the United 
 States, as a person, he was capable of com- 
 mitting crimes, of receiving his freedom, of 
 being the subject of homicide, and of mod- 
 ifying by his volition, very materially, the 
 rules applicable to other species of property. 
 His existence as a person being recognized 
 by the law, that existence was protected by 
 the law. 1 Hawks (N. C.) 217; 2 Hawks 
 (N. C.) 454; 1 Ala. 8; 1 Miss. 83; 11 Miss. 
 518; 2 Va, Gas. 394; 5 Rand. (Va.) 678; 1 
 Yerg. (Tenn.) 166; 11 Humph. (Tenn.) 172. 
 In the slaveholding states, the relations 
 of husband and wife and parent and child 
 were recognized by statutes in relation to 
 public sales, and by the courts in all cases 
 where such relations were material to eluci- 
 date the motives of their acts. 
 
 A slave has no political rights, the gov- 
 ernment being the judgment who shall be its 
 citizens. His civil rights, though necessar- 
 ily more restricted than the freeman's, are 
 based upon the same foundation, — the law 
 of the land. He has none but such as are 
 by that law and the law of nature given to 
 him. The civil-law rule "partus sequitur 
 ventrem" was adopted in all the slavehold- 
 ing states, the status of the mother at the 
 time of birth deciding the status of the 
 issue. 1 Hen. & M. (Va.) 134; 2 Rand. 
 (Va.) 246; 4 Rand. (Va.) 600; 1 Hayw. 
 (N. C.) 234; 1 Cooke (Tenn.) 381; 2 Bibb 
 (Ky.) 298; 2 Dana (Ky.) 432; 5 Dana 
 (Ky.) 207; 2 Mo. 71; 3 Mo. 540; 8 Pet. (U. 
 S.) 220; 14 Serg. & R. (Pa.) 446; 15 Serg. 
 & R. (Pa.) 18; 2 Brev. (N. C.) 307; 3 Har. 
 & McH. (Md.) 139; 20 Johns. (N. Y.) 1; 
 
SLAVE 
 
 948 
 
 SLUT 
 
 12 Wheat. (U-. S.) 568; 2 How. (U. S.) 265, 
 496. In .South Carolina, Georgia, Mississip- 
 pi, Virginia, Louisiana, and perhaps Mary- 
 land, this rule was adopted by statute. 
 
 The slave cannot acquire property; his 
 acquisitions belong to his master. 5 Cow. 
 (N. Y.) 397; 1 Bailey (S. C.) 633; 2 Hill, 
 Ch. (S. C.) 397; 2 Rich. (S. C.) 424; 6 
 Humph. (Tenn.) 299; 2 Ala. 320; 5.B. Mon. 
 (Ky.) 186. The peculium of the Roman 
 slave was ex gratia, and not of right. Inst. 
 2. 9. 3; Heinec. Elem. Jur. Civ. lib. ii. tit. 
 xviii. In like manner, negro slaves in the 
 United States were, as a matter of fact, 
 sometimes permitted by their masters, ex 
 gratia, to obtain and retain property. The 
 same was true of ancient villeins in Eng- 
 land. The slave could not be a witness, ex- 
 cept for and against slaves or free negroes. 
 This was, perhaps, the rule of the common 
 law. None but a freeman was othesworth. 
 The privilege of being sworn was one of 
 the characteristics of a "liber et legalis 
 homo." To lose this privilege, amittere 
 liberam legem, was a severe punishment. 3 
 Bl. Comm. 340; Fortesc. c. xxvi.; Co. Litt. 
 6b. With this the civil law agreed. Hu- 
 berus, Praelec. lib. xxv. tit. v. § 2. In the 
 United States, the rule of exclusion men- 
 tioned was enforced in all cases where the 
 evidence was offered for or against free 
 white persons. 6 Leigh (Va.) 74. In most 
 of the states this exclusion was by express 
 statutes, while in others it existed by cus- 
 tom and the decision of the courts. 10 Ga. 
 519. In the slaveholding states, and in Ohio, 
 Indiana, Illinois, and Iowa, by statute, the 
 rule was extended to include free persons 
 of color or emancipated slaves. 14 Ohio, 
 199; 8 Bar. & J. (Md.) 97. The slave could 
 be a suitor in court only for his freedom. 
 For all other wrongs, he appeared through 
 his master, for whose benefit the recovery 
 was had. 9 Gill & J. (Md.) 19; 1 Litt. 
 (Ky.) 326; 1 Mo. 608; 4 Yerg. (Tenn.) 303; 
 3 Brev. (N. C.) 11; 4 Gill (Md.) 249; 9 
 La. 156; 4 T. B. Mon. (Ky.) 169. The suit 
 for freedom is favored. 1 Hen. & M. (Va.) 
 143; 8 Pet. (U. S.) 44; 2 A. K. Marsh. 
 (Ky.) 467; 2 Call (Va.) 350; 4 Rand. (Va.) 
 134. Lapse of time worked no forfeiture by 
 reason of his dependent condition (3 Dana 
 [Ky.] 382; 8 B. Mon. [Ky.] 631; 1 Hen. & 
 M. [Va.] 141) , and such was the civil law 
 (Code, 7. 22. 2. 3). The master was bound 
 to maintain, support, and defend his slave, 
 however helpless or impotent. If he failed 
 to do so, public officers were provided to 
 supply his deficiency at his expense. 
 In Tennessee, the master in such a case 
 was responsible for- all that he stole. 
 
 Cruel treatment was a penal offense of a 
 high grade. Emancipation of the slave was 
 the consequence of conviction in Louisiana; 
 and the sale of the slave to another master 
 was a part of the penalty in Alabama and 
 Texas. In some of the ancient German 
 states, and also by the "Code noir," another 
 and more effectual penalty was a total dis^ 
 
 qualification of the master forever to hold 
 slaves. 
 
 Among the ancient Loihbards, if a mas- 
 ter debauched his slave's wife, the slave 
 and his wife were thereby emancipated. 
 Among the Romans, double damages were 
 given for the corruption of a. slave. The 
 enfranchisement of a slave is called "manu- 
 mission." The word is expressive of the 
 idea. Thus, Litt. § 204, "manumittere quod 
 idem est, quod extra marmm, vel pcftes- 
 tem alterius ponere." Manumission being 
 merely the withdrawal of the dominion of 
 the master, the right to manumit exists 
 everywhere, unless forbiddep by law. No 
 one but the owner can manumit (4 J. J. 
 Marsh. [Ky.] 103; 10 Pet. [U. S.] 583), 
 and the effect is simply tq make a free- 
 man, not a citizen. The state must de- 
 cide who shall be citizens. See "Servns." 
 
 SLAVE TRADE. The traffic in slaves, or 
 the buying and selling of slaves for profit. 
 It is either foreign or domestic. The for- 
 mer is when the trade includes transporta- 
 tion from a foreign state; the latter, when 
 confined within a single state or states 
 connected in a federal union. 
 
 SLAVERY. The status or condition ot a 
 slave. The keeping of slaves as a practice 
 or legal institution. 
 
 SLEEPING PARTNER. See "Partner." 
 
 SLEEPING RENT. An expression used 
 in English coal-mine leases to indicate a 
 fixed rent, as distinguished from a rent 
 based on the output. It is said to be so 
 called because payable though the mine 
 was "sleeping" (unworked). 
 
 SLIP. In Insurance law. An informal 
 memorandum of the particulars of a con- 
 tract of insurance to be afterwards in- 
 cluded, usually called in the United States 
 a "binding slip." 
 
 SLIPPA. A stirrup. There is a tenure of 
 land in Cambridgeshire by holding the sov- 
 ereign's stirrup. 
 
 SLOUGH. A swale or slough is a natural 
 depression or natural water course into 
 which surface water may be cast by open 
 or covered drains wholly upon one's own 
 land, without incurring liability to owner of 
 lower land. 157 Iowa 6. 
 
 SLOUGH SILVER. A rent paid to the cas- 
 tle of Wigmore in lieu of certain days' 
 work in harvest, heretofore reserved to the 
 lord from his tenants. Cowell. 
 
 SLUT. An untidy woman, a slattern, and 
 also a female dog, the same as "bitch." 
 Such terms when applied to a woman, do 
 not amount to a charge of crime or of 
 want of chastity, and are not, therefore, in 
 their common meaning, slanderous words. 
 27 111. App. 398. 
 
SMALL 
 
 949 
 
 SOCAGIUM IDEM EST QUOD 
 
 SMALL. Small is a comparative term, 
 denoting things of little size as compared 
 with other things of the same class. 201 
 
 111. 97. 
 
 SMALL DEBTS COURTS. The several 
 county courts established by 9 & 10 Vict, 
 c. 95, for the purpose of bringing justice 
 home to every man's door. 
 
 SMALL TITHES. All personal and mixed 
 tithes, and also hops, flax, saffrons, pota- 
 toes and sometimes, by custom, wood. 
 Otherwise called "privy tithes." 2 Steph. 
 Comm. (7th Ed.) 726. 
 
 SMART MONEY. Vindictive or exemp- 
 lary damages given beyond the actual dam- 
 age, by way of punishment and example, 
 in cases of gross misconduct of defendant. 
 15 Conn. 225; 14 Johns. (N. Y.) 352; 6 
 Hill (N y.) 466. That it cannot be given 
 by jury, see 2 Greenl. Ev. (4th Ed.) § 253, 
 note. See "Damages." 
 
 SMOKE-FARTHINGS. In old English 
 law. An annual rent paid to cathedral 
 churches; another name for the pentecos- 
 tals or customary oblations offered by the 
 dispersed inhabitants within a diocese, 
 when they made their processions to the 
 mother cathedral church. Cowell. 
 
 SMOKE SILVER. A modus of sixpence in 
 lieu of tithe vyood. Twisdale, Hist. Vindi- 
 cat. 77. 
 
 SMUGGLING. The fraudulent taking into 
 a country, or out of it, merchandise which 
 is lawfully prohibited. More specifically, 
 a secret introduction of goods into a state 
 with intent to avoid payment of duty there- 
 on. Bac. Abr. 
 
 SO HELP ME GOD. A formal Invocation 
 of the Deity to witness, by which an oath 
 is concluded. 
 
 SOBRE JUEZES. In Spanish law. Supe- 
 rior judges. Las Partidas, pt. 3, tit. 4, 
 lib. 1. 
 
 SOBRINI, or SOBRINAE (Lat.) In the 
 civil law. The children of cousins german 
 in general. Cooper, Just. Inst, notes,* 573; 
 Dig. 38. 10, 3, pr. 
 
 SOC, SOK, or SOKA. In Saxon law. Ju- 
 risdiction; a power or privilege to admin- 
 ister justice and execute the laws; also a 
 shire, circuit, or territory. Cowell. 
 
 SOCA. A seigniory or lordship, enfran- 
 chised by the king, with liberty of holding 
 a court of his socmen or socagers, i. e., his 
 
 tenants. 
 
 SOCAGE. This word, according to the 
 earlier common-law writers, originally sig- 
 nified a service rendered by a tenant to 
 his lord, by the soke or ploughshare; but 
 Mr. Somner's etymology, referred to by 
 Blackstone, seems more apposite, who de- 
 
 rives it from the Saxon word soc, which 
 signifies liberty or privilege, denoting 
 thereby a free or privilege tenure. A 
 species of English tenure, whereby the ten- 
 ant held his lands of the lord by any cer- 
 tain service in lieu of all other services, 
 so that the service was not a knight's serv- 
 ice. Its principal feature was its certainty ; 
 as, to hold by fealty and a certain rent, or 
 by fealty homage and a certain rent, or by 
 homage and fealty without rent, or by 
 fealty and certain corporal service, as 
 ploughing the lord's land for a specified 
 number of days. 2 Bl. Comm. 80. 
 
 The term "socage" was afterwards ex- 
 tended to all services which were not of a 
 military character, provided they were 
 fixed; as, by the annual payment of a rose, 
 a pair of gilt spurs, a certain number of 
 capons, or of so many bushels of com. Of 
 some tenements, the service was to be hang- 
 man, or executioner of persons condemned 
 in the lord's court; for in olden times such 
 officers were not volunteers, nor to be hired 
 for lucre, and could only be bound thereto 
 by tenure. There were three different spe- 
 cies of these socage tenures, — one in frank 
 tenure, another in ancient tenure, and the 
 third in base tenure. The second and third 
 kinds are_ now called, respectively, "ten- 
 ure in ancient demesne," and "copyhold ten- 
 ure." The first is called "free and com- 
 mon socage," to distinguish it from the 
 other two; but, as the term "socage" has 
 long ceased to be applied to the two latter, 
 "socage" and "free and common socage" 
 now mean the same thing. Bracton; Co. 
 Litt. 17, 86. 
 
 By St. 12 Car. II. c. 24, the ancient ten- 
 ures by knight's service were abolished, 
 and all lands, with the exception of copy- 
 holds and of ecclesiastical lands, which con- 
 tinued to be held in free alms (frankal- 
 moigne), were turned into free and com- 
 mon socage, and the great bulk of real 
 property in England is now held under this 
 ancient tenure. Many grants of land in 
 the United States, made, previous to the 
 Revolution, by the British crown, created 
 the same tenure among us, until they were 
 formally abolished by the legislatures of 
 the different states. In 1787, the state of 
 New "York converted all feudal tenure 
 within its boundaries into a tenure by free 
 and common socage; but in 1830 it abol- 
 ished this latter tenure, with all its inci- 
 dents, and declared that from thenceforth 
 all lands in the state should be held upon 
 a uniform allodial tenure, and vested an 
 absolute property in the ovraiers according 
 to their respective estates. Similar pro- 
 visions have been adopted by other states; 
 and the ownership of land throughout the 
 United States is now essentially free and 
 unrestricted. See "Tenure." 
 
 SOCAGER. A tenant by socage. 
 
 SOCAGIUM IDEM EST QUOD SERVI- 
 tum socae; et soca, idem est quod caruca. 
 Socage is the same as service of the soc; 
 
SOGER 
 
 950 
 
 SOIT FAIT COMME IL EST 
 
 and "soc" is the same thing as a plow. Co. 
 Litt. 86. 
 
 SOGER (Lat.) The father of one's wife; 
 a father-in-law. 
 
 SOCIDA (Lat.) In civil law. The name 
 of a contract by which one man delivers 
 to another, either for a small recompense, 
 or for a part of the profits, certain ani- 
 mals, on condition that, if any of them per- 
 ish, they shall be replaced by the bailer, or 
 he shall pay their value. 
 
 A contract of hiring, with the condition 
 that the bailee takes upon him the risk of 
 the loss of the thing hired. Wolflf. § 638. 
 
 SOCIEDAD. In Spanish law. Partnership. 
 Schmidt, Civ. Law, 153, 154. 
 
 SOCIETAS (Lat.) In civil law. A con- 
 tract in good faith made to share in com- 
 mon the profit and loss of a certain busi- 
 ness or thing, or of all the possessions of 
 the parties. Calv. Lex.; Inst. 3. 26; Dig. 
 17. 21. See "Partnership." 
 
 Also, companionship or partnership in 
 good or evil. Cicero, pro S. Rose. 34; 
 Fleta, lib. 1, c. 38, § 18. 
 
 SOCIETAS LEONINA (Lat.) In Roman 
 law. That kind of society or partnership 
 by which the entire profits should belong 
 to some of the partners, in exclusion of 
 the rest. 
 
 It was so called in allusion to the fable 
 of the lion and other animals, who, hav- 
 ing entered into partnership for the pur- 
 pose of hunting, the lion appropriated all 
 the prey to himself. Dig. 17. 2. 29. 2; 
 Poth. Traite de Societe, note 12. See 2 
 McCord (S. C.) 421; 6 Pick. (Mass.) 372. 
 
 SOCIETAS NAVALIS (Lat.) In European 
 law. Naval partnership or company; the 
 sailing of a number of vessels in company, 
 for mutual protection. Otherwise called ad- 
 miralitas. Locc. de Jur. Mar. lib. 2, c. 2; 
 Id. lib. 3, c. 7. 
 
 SOCIETE (Fr.) In French law. Partner- 
 ship. See "Clommendam." 
 
 SOCIETE ANONYM E. In French law. An 
 association where the liability of all the 
 partners is limited. It had in England un- 
 til lately no other name than that of "char- 
 tered company," meaning thereby a joint- 
 stock company whose shareholders, by a 
 charter from the crown, or a special en- 
 actment of the legislature, stood exempted 
 from any liability for the debts of the con- 
 cern, beyond the amount of their subscrip- 
 tions. 2 Mill, Pol. Econ. 485. 
 
 SOCIETE EN COMMENDITE. In Louisi- 
 ana. A partnership formed by a contract 
 by which one person or partnership agrees 
 to furnish another person or partnership a 
 certain amount, either in property or 
 money, to be employed by the person or 
 partnership to whom it Is furnished, in his 
 or their own name or firm, on condition 
 
 of receiving a share in the profits, in the 
 proportion determined by the contract, and 
 of being liable to losses and expenses to 
 the amount furnished, and no more. Civ. 
 Code La. art. 2810; Code de Comm. 26, 33. 
 4 Pardessus, Dr. Com. note 1027; Dalloz, 
 "Societe Commerciale," note 166. See 
 "Commendam." 
 
 SOCIETY. In its abstract sense (used 
 with no article prefixed), the public at 
 large; the people; the body politic. In a 
 concrete sense, a voluntary unincorporated 
 associa,tion of persons for a common pur- 
 pose. 
 
 SOCII ME! SOCIUS, MEUS SOCIUS 
 non est. The partner of my partner Is not 
 my partner. Dig. 50. 17. 47. 1. 
 
 SOCIUS. In the civil law, a partner. 
 
 SOCMAN. A tenant by socage. 
 
 SOCMANRY. EYee tenure by socage. 
 
 SOCNA. A privilege, liberty, or franchise. 
 Cowell. 
 
 SODOMITE. One who has been guilty of 
 sodomy. Formerly, such offender was pun- 
 ished with great severity, and was deprived 
 of the power of making a will. 
 
 SODOMY. A carnal copulation by human 
 beings with each other against nature, or 
 with a beast. 2 Bish. Crim. Law, §1029. 
 
 A distinction not generally recognized 
 has been made between bestiality and 
 sodomy, the former being defined as carnal 
 connection between a human being and a 
 brute, and the latter as carnal_ connection 
 between two human beings against the or- 
 der of nature. 10 Ind. 355. 
 
 It has generally been held that at com- 
 mon law the crime of sodomy was com- 
 mitted by penetration per anum, and not 
 per OS. A penetration of the mouth is not 
 sodomy. Bishop's New Criminal Law, Vol. 
 2, §1194; 2 Russell on Crimes, p. 638; 
 McClain's Crim. Law, §1153; 86 Neb. 237, 
 21 Am. & Eng. Ann. Cas. 336; 133 Ky. 
 720, 118 S. W. 943. 
 
 SOIT BAILE AUX COMMONS (Law Fr. 
 let it be delivered to the commons). The 
 form of indorsement on a bill when sent to 
 the house of commons. Dyer, 93a. 
 
 SOIT BAILE AUX SEIGNEURS (Law Fr. 
 let it be delivered to the lords). The form 
 of indorsement on a bill in parliament when 
 sent to the house of lords. Hob. Ilia. 
 
 SOIT DROIT FAIT AL PARTIE. In Eng- 
 lish law. Let right be done to the party. 
 A phrase written on a petition of right, and 
 subscribed by the king. See "Petition of 
 Rights." 
 
 SOIT FAIT COMME IL EST DESIRE 
 (Law Fr. let it be as it is desired). The 
 royal assent to private acts of parliament. 
 
SOJOURNING 
 
 951 
 
 SOLICITATION OF CHASTITY 
 
 SOJOURNING (Pr. sejourner). Literally, 
 dwelling for a day. "The term 'sojourning' 
 means something more than 'traveling,' and 
 applies to a temporary, as contradistin- 
 euished from a permanent residence." 1 
 Wat. (U. S.) 5. 
 
 SOKE REEVE. The lord's rent gatherer 
 in the soca. CoweU. 
 
 SOKEMANRIES. Lands and tenements 
 which were not held by knight service, nor 
 by grand serjeantry, nor by petit, but by 
 simple services; being, as it were, lands 
 enfranchised by the king or his predeces- 
 sors from their ancient demesne. Their 
 tenants were "sokemans." Wharton. 
 
 SOKEMANS. In English law. Those who 
 held their land in socage. 2 Bl. Comm. 100. 
 
 SOLA AC PER SE SENECTUS DONA- 
 tionem testamentum aut transactionem non 
 vitiat. Old age does not alone and of itself 
 vitiate a will or a gift. 5 Johns. Ch. (N. 
 Y.) 148, 158. 
 
 SOLAR DAY. That period of time which 
 begins at sunrise and ends at sunset; the 
 same as "artificial day." Co. Litt. 135a; 3 
 Chit. St. 1376, note. 
 
 SOLAR MONTH. A calendar month; the 
 mean quantity of which is thirty days, ten 
 hours, twenty minutes, and five seconds, be- 
 ing one twelfth of the time composing the 
 whole year. 1 Jones L. (N. C.) 87; Co. 
 Litt. 135b; 1 W. Bl. 450; 1 Maule & S. 
 Ill; 1 Bing. 307; 3 Chit. St. 1375, note. 
 
 SOLARES. In Spanish law. Lots of 
 ground. This term is frequently found in 
 grants from the Spanish government of 
 lands in America. 2 White, Coll. 474. 
 
 SOLARIUM (Lat.) In the civil law. A 
 rent paid for the ground, where a person 
 built on the public land. A ground rent. 
 Spelman; Calv. Lex. 
 
 SOLATIUM. Compensation; damages al- 
 lowed for injury to the feelings. 
 
 SOLD NOTE. The name of an instrument 
 in writing, given by a broker to a buyer of 
 merchandise, in •which it is stated that the 
 goods therein mentioned have been sold to 
 him; or one given to the buyer by a broker 
 employed to sell goods, in his own name, 
 as agent of both seller and buyer, whereby 
 they are respectively bound. 167 111. 372. 
 1 Bell, Comm. (5th Ed.) 435; Story, Ag. 
 § 28. Some confusion may be found in 
 the books as to the name of these notes. 
 They are sometimes called "bought notes." 
 
 SOLD SHORT. See "Gambling Contract." 
 
 SOLE. Alone, single; used in contradis- 
 tinction to "joint" or "married." A sole 
 tenant, therefore, is one who holds lands 
 in his own right, without being joined with 
 any other. A feme sole is a single woman ; 
 
 a sole corporation is one composed of only 
 one natural person. 
 
 SOLE CORPORATION. A corporation 
 consisting of one person and his legal suc- 
 cessors, thus having the attribute of per- 
 petuity, as a bishop of the Roman Catholic 
 Church or of the Church of England. 
 
 SOLE TENANT. He that holds lands by 
 his own right only, without any other per- 
 son being joined with him. CoweU. 
 
 SOLEMN. Formal; in regular form. 
 
 SOLEMN FORM. In English law. Pro- 
 bate may be granted either in solemn form 
 or in common form. 
 
 Probate in solemn form is only employed 
 when there is or is likely to be a dispute as 
 to the validity of the will, and in such a 
 case the person who wishes its validity to 
 be established commences an action against 
 the person who disputes it. The action pro- 
 ceeds as to pleadings, trial, etc., in the 
 same way as an ordinary action. If the 
 plaintiff makes out his case, the court pro- 
 nounces for the validity of the will, and 
 the executor may then take probate of it 
 as if it had not been disputed. Coote, Prob. 
 Prac. 250, 308. As a general rule, probate 
 in solemn form is conclusive on all who are 
 parties to the proceedings, or cognizant of 
 them. Browne, Prob. Prac. 101. 
 
 Probate in common form is that "form 
 which is slight and summary for ordinary 
 and undisputed cases." 
 
 SOLEMN WAR. A war made in form by 
 public declaration. See "War." 
 
 SOLEMNES LEGUM FORMULAE (Lat.) 
 In the civil law. Solemn forms of laws; 
 forms of forensic proceedings and of trans- 
 acting legal acts. One of the sources of 
 the unwritten law of Rome. Butler, Hor. 
 Jur. 47. 
 
 SOLEMNITAS ATTACHIAMENTORUM 
 (Lav/ Lat.) In old English practice. So- 
 lemnity or formality of attachments. The 
 issuing of attachments in a certain formal 
 and regular order. Bracton, fols. 439, 440; 
 1 Reeve, Hist. Eng. Law, 480; Pleta, lib. 
 2, c. 65, § 5. 
 
 SOLEMNITATES JURIS SUNT OBSER- 
 
 vandae. The solemnities of law are to be 
 observed. Jenk. Cent. Cas. 13. 
 
 SOLEMNITY. The formality established 
 by law to render a contract, agreement, or 
 other act valid. 
 
 A marriage, for example, would not be 
 valid if made in jest and without solemnity. 
 See "Marriage;" Dig. 4. 1. 7; Id. 45. 1. 30. 
 
 SOLICITATION OF CHASTITY. The ask- 
 ing a person to commit adultery or fornica- 
 tion. 
 
 This, of itself, is not an indictable of- 
 fense. Salk. 382; 2 Chit. Prac. 478. The 
 contrary doctrine, however, has been held in 
 
SOLICITOR •• 
 
 952 
 
 SOLUTIO 
 
 Connecticut. 7 Conn. 267. In England, the 
 bare solicitation of chastity is punished in 
 the ecclesiastical courts. 2 Chit. Prac. 478. 
 See 2 Strange, 1100; 10 Mod. 384; Sayer, 
 33; 1 Hawk. P. C. c. 74; 2 Ld. Raym. 809. 
 
 The civil law punished arbitrarily the 
 person who solicited the chastity of another. 
 Dig. 47. 11. 1. See 3 Phillim. Ecc. Law, 
 508. 
 
 SOLICITOR. A person whose business is 
 to be employed in the care and manage- 
 ment of suits depending in courts of chan- 
 cery. 
 
 A solicitor, like an attorney, will be re- 
 quired to act with perfect good faith to- 
 wards his clients. He must conform to the 
 authority given him. It Is said that, to in- 
 stitute a suit, he must have a special au- 
 thority, although a general authority will 
 be sufficient to defend one. The want of 
 a written authority may subject him to the 
 expenses incurred in a suit. 3 Mer. 12; 
 Hovenden, Frauds, c. 2, pp. 28-61. See 1 
 PhiL Ev. 102; 2 Chit. Prac. 2. See "At- 
 torney." 
 
 SOLICITOR-GENERAL. In English law. 
 A law officer of the crown, appointed by 
 patent during the royal pleasure, and who 
 assists the attorney general in managing 
 the law business of the crown. Selden, 1. 
 6. 7. He is first in right of preaudience. 
 3 BL Comm. 28, n. (a), n. 9; Enc. Brit. 
 
 SOLICITOR OF THE TREASURY. The 
 
 title of one of the officers of the United 
 States, created by Act May 29, 1830 (4 U. 
 S. St. at Large, 414), which prescribed his 
 duties and his rights. 
 
 His powers and duties as originally fixed 
 were: First those which were by law vested 
 and required from the agent of the treasury 
 of the United States. Second, those which 
 theretofore belonged to the commissioner 
 or acting commissioner of the revenue, relat- 
 ing to the superintendence of the collection 
 of outstanding direct and internal duties. 
 Third, to take charge of all lands which shall 
 be conveyed to the United States, or set off 
 to them in payment of debts, or which are 
 vested in them by mortgage or other se- 
 curity; and to release such lands which 
 had, at the passage of the act, become 
 vested in the United States, on payment of 
 the debt for which they were received. 
 Fourth, generally to superintend the col- 
 lection of debts due to the United States, 
 and receive statements from different of- 
 ficers in relation to suits or actions com- 
 menced for the recovery of the same. Fifth, 
 to instruct the district attorneys, marshals, 
 and clerks of the circuit and district courts 
 of the United States, in all matters and 
 proceedings appertaining to suits in which 
 the United States are a party or interested, 
 and to cause them to report to him any in- 
 formation he may require in relation to the 
 same. Sixth, to report to the proper of- 
 ficer from whom the evidence of debt was 
 received the fact of its having been paid 
 to him, and also all credits which have, 
 
 by due course of law, been allowed on the 
 same. Seventh, to make rules for the gov- 
 ernment of collectors, district attorneys, 
 and marshals, as may be requisite. Eighth, 
 to obtain from the district attorneys full 
 accounts of all suits in their hands, and 
 submit abstracts of the same to congress. 
 
 His rights were: First to call upon the 
 attorney general of the United States for 
 advice and direction as to the manner of 
 conducting the suits, proceedings, and pros- 
 ecutions aforesaid. Second, to receive a 
 salary of three thousand five hundred dol- 
 lars per annum. Third, to employ,- with the 
 approbation of the secretary of the treas- 
 ury, a clerk, with a salary of one thousand 
 five hundred dollars, and a messenger, with 
 a salary of five hundred dollars. Fourth, 
 to receive and send all letters, relating to 
 the business of his office, free of postage. 
 
 SOLICITOR TO THE SUITORS' FUND. 
 An officer of the English court of chancery, 
 who is appointed in certain cas€s guardian 
 ad litem. 
 
 SOLIDO. See "In Solidum." 
 
 SOLIDUM (Lat.) In the civil law. A 
 whole; an entire or undivided thing. See 
 "In Solidum." 
 
 SOLINUM (Law Lat.) In old English law. 
 Two plough lands, and somewhat less than 
 a half. Co. Jjitt. 5a. Spelman defines it a 
 plough land. 
 
 SOLO CEDIT QUOD SOLO IMPLANTA- 
 
 tur. What is planted in the soil belongs to 
 the soiL Inst. 2. 1. 32; 2 Bouv. Inst note 
 1572. 
 
 SOLO CEDIT QUOD SOLO INAEDIFICA- 
 tur. Whatever is built on the soil belongs 
 to the soil. Inst. 2. 1. 29. See 1 Mackeld. 
 Civ. Law, §268; 2 Bouv. Inst, note 1571. 
 
 SOLUM PROVINCIALE. In Roman law. 
 The solum italicum, (an extension of the old 
 Ager Romanus) admitted full ownership, 
 and of the application to it of usucajdo; 
 whereas the solum provinciate (an exten- 
 sion of the old Ager Publims) admitted of 
 a possessory title only, and of longi tern- 
 poris possessio only. Justinian abolished 
 all distinctions between the two, sinking the 
 italicum to the level of the provinoiale. 
 Brown. 
 
 SOLUM REX HOC NON FACERE PO- 
 test, quod non potest injuste agere. This 
 alone the king cannot do, — he cannot act 
 unjustly. 11 Coke, 72. 
 
 SOLUS DEUS HAEREDEM FACIT. God 
 alone makes the heir. Co. Litt. 5. 
 
 SOLUTIO (Lat. release). In civil law. 
 Payment. By this term is understood everjr 
 species of discharge or liberation, which is 
 called "satisfaction," and with which the 
 creditor is satisfied. Dig. 46. 3. 54; Code 
 8. 43. 17; Inst. S. 30. This term has rather 
 
SOLUTIO INDEBITI 
 
 953 
 
 SONTICUS 
 
 a reference to the substance of the obliga- 
 tion than to the numeration or counting of 
 the money. Dig. 50. 16. 176. 
 
 SOLUTIO INDEBITl (Lat.) In civil law. 
 The case where one has paid a debt, or 
 done an act or remitted a claim, because 
 he thought that he was bound in law to 
 do so, when he was not. In such cases 
 of mistake there is an implied obligation 
 (amsi ex contractu) to pay back the money, 
 etc. Mackeld. Civ. Law, § 468. 
 
 SOLUTIO PRETII EMPTIONIS LOCO 
 
 habetur. The payment of the price stands 
 in the plac^ of a sale. Jenk. Cent. Cas. 56. 
 
 SOLUTIONE FEODI MILITIS PARLIA- 
 menti, or Feed! burgensis parliament!. Old 
 writs whereby knights of the shire and bur- 
 gesses might have recovered their wages 
 or allowance if it had been refused. 35 
 Hen. VIII. c. 11. 
 
 SOLUTUS (Lat. from solvere, to loose). 
 
 In the Civil Law. Loosed; freed from 
 
 confinement; set at liberty. Dig. 50. 16. 48. 
 
 -^In Scotch Practice. Purged. A term 
 used in old depositions. See "Purged of 
 Partial Counsel." 
 
 SOLVABILITE (Fr.) In French law. 
 Ability to pay; solvency. Emerig. Tr. des 
 Assur. c. 8, § 15. 
 
 SOLVENCY. The state of a person who is 
 able to pay all his debts; the opposite of 
 "insolvency" (g. v.) 
 
 Imports adequate means of a person to 
 pay his debts, which embraces within its 
 meaning the opportunity by reasonable dili- 
 gence to convert and apply to such purpose. 
 In other words, a person is deemed insol- 
 vent who at the time in question is unable 
 to pay his debts in the ordinary course of 
 business. 
 
 It means that the debtor is in such a con- 
 dition that the demand may be collected 
 out of his property by due course of law. 
 Ability to raise money on credit for the 
 payment of debts does not cotastitute sol- 
 vency. 13 Wend. (N. Y.) 375, 377; 4 Hill 
 (N. Y.) 650. 
 
 SOLVENDO (Lat paying). An apt word 
 of reserving a rent in old conveyances." Co. 
 Litt 47a. 
 
 SOLVENDO ESSE. To be in a state of 
 solvency, i. e., able to pay. 
 
 SOLVENDO ESSE NEMO INTELLIGI- 
 tup nisi qui solidum potest solvere. No one 
 is considered to be solvent unless he can 
 pay all that he owes. Dig. 50. 16. 114. 
 
 SOLVERE (Lat. to unbind; to untie). To 
 release; to pay. Solvere didmus eum qui 
 fecit quod faoere prortvisit. 1 Bouv. Inst, 
 note 807. 
 
 SOLVIT. (Lat. from solvere, q. v.) He 
 paid. 10 East, 206. 
 
 SOLVIT AD DIEM (Lat. he paid at the 
 day). In pleading. The name of a plea to 
 an action on a bond, or other obligation to 
 pay money, by which the defendant pleads 
 that he paid the money on the day it was 
 due. See 1 Strange, 652; Rep. temp. Hardw. 
 133; Comyn, Dig. "Pleader" (2 W 29). 
 
 This plea ought to conclude with an aver- 
 ment, and not to the country. 1 Sid. 215; 
 12 Johns. (N. Y.) 253. See 2 Phil. Ev. 92; 
 Coxe (N. J.) 467. 
 
 SOLVIT POST DIEM (Lat. he paid after 
 the day). In pleading. The name of a 
 special plea in bar to an action of debt on 
 a bond, by which the defendant asserts that 
 he paid the money after the day it became 
 due. 1 Chit. PI. 480, 555; 2 Phil. Ev. 93. 
 
 SOLVITUR ADHUC SOCIETAS ETIAM 
 morte socli. A partnership is moreover dis- 
 solved by the death of a partner. Inst. 3. 
 26. 5; Dig. 17. 2. 
 
 SOLVITUR EO LIGAMINE QUO LIGA- 
 
 tur. In the same manner that a thing is 
 bound it is unloosed. 4 Johns. Ch. (N. Y.) 
 582. 
 
 SOMERSETT'S CASE. A celebrated de- 
 cision of the English king's bench, in 1771- 
 72, affirming the extinction of villeinage, 
 and the nonexistence of any other form of 
 slavery in England. 
 
 SON ASSAULT DEMESNE (Law Fr. his 
 own first assault). In pleading. A form 
 of a plea to justify an assault and battery, 
 by which the defendant asserts that the 
 plaintiff committed an assault upon him, 
 and the defendant merely defended him- 
 self. 
 
 When the plea is supported by evidence, 
 it is a sufficient justification, unless the re- 
 taliation by the defendant were excessive, 
 and bore no proportion to the necessity, or 
 to the provocation received. 1 East, P. C. 
 406; 1 Chit. Prac. 595. 
 
 SONS. The words "sons," "daughters," 
 "child," and "children" are not technical 
 legal terms, to which a fixed and deter- 
 mined meaning must be given regardless of 
 the sense in which they are employed, but 
 they are flexible and subject to construc- 
 tion, to give effect to the intention of the 
 testator. 230 111. 270. 
 
 SOLVENDUS (Lat.) In old English law. SONTAGE. A tax of forty shillings an- 
 To be paid. Fleta, lib. 2, c. 64, § 3. ciently laid upon every knight's fee. Cowell. 
 
 SOLVENT. One who has sufficient to pay 
 ms debts and all obligations. Dig. 50. 16. 
 114. The opposite of insolvent (q. v.) 
 
 SONTICUS (Lat.) In the civil law. That 
 which hurts or hinders; that which tends 
 to delay or put off. 
 
SOREHON 
 
 954 
 
 SPARSIM 
 
 SOREHON, or SORN. An arbitrary exac- 
 tion, formerly existing in Scotland and Ire- 
 land. Whenever a chieftain had a mind to 
 revel, he came down among the tenants 
 with his followers, by way of contempt 
 called "gilliwitfitts," and lived on free quar- 
 ters. See Bell, Diet. 
 
 SORNER. In Scotch law. A person who 
 takes meat and drink from others by force 
 or menaces, without paying for it. Bell, 
 Diet. 
 
 SORS (Lat.) 
 
 In Civil Law. A lot; chance; fortune. 
 
 Calv. Lex.; Ainsworth. Sort; kind. The 
 little scroll on which the thing to be drawn 
 by lot was written. Carpentier. A prin- 
 cipal or capital sum; e. g., the capital of a 
 partnership. Calv. Lex. 
 
 In Old English Law. A principal lent 
 
 on interest, as distinguished from the in- 
 terest itself. Pryn, Collect, torn. 2, p. 161; 
 Cowell. 
 
 SORTITIO (Lat. from sortiri, to cast or 
 draw lots). In the civil law. A casting or 
 drawing of lots; a determination or choice 
 by lot. Sortitio judicum, a drawing of judg- 
 es (indices) on criminal trials, resembling 
 the modern practice of drawing a jury. Hal- 
 ifax, Anal. bk. 3, c. 13, No. 20; 3 Bl. Comm. 
 366. 
 
 SOUL SCOT. A mortuary, or customary 
 gift due ministers, in many parishes of 
 England, on the death of parishioners. It 
 was originally voluntary, and intended as 
 amends for ecclesiastical dues neglected to 
 be paid in the lifetime. 2. Bl. Comm. 425*. 
 
 SOUND MIND. That state of a man's 
 mind which is adequate to reason, and 
 comes to a judgment upon ordinary sub- 
 jects like other rational men. 
 
 SOUNDING IN DAMAGES. When an ac- 
 tion is brought, not for the recovery of 
 lands, goods, or sums of money (as is the 
 case in real or mixed actions, or the per- 
 sonal action of debt or detinue), but for 
 damages only, as in covenant, trespass, etc., 
 the action is said to be sounding in damages. 
 Steph. PL 126, 127. 
 
 SOUS SEING PRIVE. In Louisiana. An 
 act or contract evidenced by writing under 
 , the private signature of the parties to it. 
 The term is used in opposition to the "au- 
 thentic act," which is an agreement entered 
 into in the presence of a notary or other 
 public officer. 
 
 The form of the instrument does not give 
 it its character so much as the fact that 
 it appears or does not appear to have been 
 executed before the officer. 5 Mart. (La.; 
 N. S.) 196; 7 Mart. (La.; N. S.) 548. 
 
 The effect of a sous seing prive is not the 
 same as that of the "authentic act." The 
 former cannot be given in evidence until 
 proved, and, unless accompanied by pos- 
 session, it does not, in general, aflfect third 
 
 persons. 6 Mart. (La.; N. S.) 429, 432. 
 The latter, or authentic acts, are full evi- 
 dence against the parties -and those who 
 claim under them. 8 Mart. (La.; N. S.) 
 132. 
 
 SOUTH SEA FUND. The produce of the 
 taxes appropriated to pay the interest of 
 such part of the English national debt as 
 was advanced by the South Sea Company 
 and its annuitants. The holders of South 
 Sea annuities have been paid oflP, or have 
 received other stock in lieu thereof. 2 
 Steph. Comm. (7th Ed.) 578. 
 
 SOVEREIGNTY. The union and exercise 
 of all human power possessed in a state. 
 It is a combination of all power; it is the 
 power to do everything in a state without 
 accountability, — to make laws, to execute 
 and to apply them, to impose and collect 
 taxes and levy contributions, to make war 
 or peace, to form treaties of alliance or of 
 commerce with foreign nations, and the 
 like. Story, Const. §207. 
 
 Abstractly, sovereignty resides in the 
 body of the nation, and belongs to the peo- 
 ple; but these powers are generally exer- 
 cised by delegation. 
 
 When analyzed, sovereignty is naturally 
 divided into three great powers, namely, 
 the legislative, the executive, and the ju- 
 diciary. The first is the power to make 
 new laws, and to correct and repeal the old; 
 the second is the power to execute the laws, 
 both at home and abroad; and the last is 
 the power to apply the laws to particular 
 facts, to judge the disputes which arise 
 among the citizens, and to punish crimes. 
 
 Strictly speaking, in our republican 
 forms of government the absolute sover- 
 eignty of the nation is in the people of 
 the nation; and the residuary sovereignty 
 of each state, not granted to any of ite 
 public functionaries, is in the people of the 
 state. 2 Dall. (U. S.) 471. And see, gen- 
 erally, 2 Dall. (U. S.) 483, 455; 3 Dall. 
 (U. S.) 93; 1 Story, Const. §208; 1 Toul- 
 lier. Dr. Civ. note 20; Merlin, Repert. 
 
 SOWMING and ROWMING. In Scotch 
 law. Terms used to express the form by 
 which the number of cattle' brought upon 
 a common by those having a servitude of 
 pasturage may be justly proportioned to ^ 
 the rights of the different persons possessed [,S 
 of the servitude. Bell, Diet. "'} 
 
 SOWNE. In old English law. To he levi- 
 able. An old exchequer term applied to 
 sheriff's returns. "Estreats that sowne not" 
 were such as could not be collected. 4 Inst. 
 107; Cowell; Spelman. 
 
 SPADONES (Lat.) In civil law. Those 
 who, on account of their temperament or 
 some accident they have suffered, are un- 
 able to procreate. Inst. 1. 11. 9; Dig. 1. 7. 
 2. 1. And see "Impotence." , 
 
 SPARSIM (Lat.) Here and there; in a 
 scattered manner; sparsedly; dlspersedly. 
 
SPATAE PLACITUM 
 
 955 
 
 SPECIAL DEPOSIT 
 
 It is sometimes used in law; for example, 
 the plaintiff may recover the place wasted, 
 not only where the injury has been total, 
 hut where trees growing sparsim in a close 
 are cut. Bac. Abr. "Waste" (M) ; Bro*nl, 
 240' Co. Litt. 54a; 4 Bouv. Inst, note 3690. 
 
 SPATAE PLACITUM. A court for the 
 speedy execution of justice upon military 
 delinquents. .Cowell. 
 
 SPEAKING DEMURRER. In pleading. 
 One which alleges new matter in addition 
 to that contained in the bill as a cause for 
 demurrer. 4 Brown, Ch. 254 ; 2 Ves. Jr. 83 ; 
 4 Paige, Ch. (N. Y.) 374. 
 
 SPECIAL. That which relates to a par- 
 ticular species or kind, or is confined to a 
 particular person, object or class, opposed 
 to general; as, special verdict and general 
 verdict; special Imparlance and general 
 imparlance; special jury, or one selected for 
 a particular case, and general jury; special 
 issue and general issue, etc. 
 
 SPECIAL ACCEPTANCE. A qualified ac- 
 ceptance of a bill of exchange, as by stipu- 
 lating for payment at a certain time or 
 place. 
 
 SPECIAL ACT. A private statute (q. v.) 
 
 SPECIAL ADMINISTRATION. See "Ad- 
 ministration." 
 
 SPECIAL AGENT. An agent whose au- 
 thority is confined to a particular or an in- 
 dividual instance. It is a general rule that 
 he who is invested with a special authority 
 must act within the bounds of his authority, 
 and he cannot bind his principal beyond 
 what he is authorized to do. 2 Bouv. Inst. 
 note 1299; 2 Johns. (N. Y.) 48; 5 Johns. 
 (N. Y.) 48; 15 Johns. (N. Y.) 44; 8 Wend. 
 (N. Y.) 494; 1 Wash. C. C. (U. S.) 174. 
 See "Agent." 
 
 SPECIAL ALLOWANCES. In taxing the 
 costs of an action as between party and 
 party, the taxing officer is, in certain cases, 
 empowered to make special allowances; i. 
 e., to allow the party costs which the ordi- 
 nary scale does not warrant. 
 
 SPECIAL APPEARANCE. See "Appear- 
 ance." 
 
 SPECIAL ASSESSMENT. A species of 
 taxation to pay for local improvements for 
 public purposes upon real property, which 
 recognizes the general public interest, but 
 rests upon the theory that such property, 
 by reason of locality, is specially benefited 
 by the improvement. 246 111. 52; 190 111. 
 476; 155 111. 271; 133 111. 469. 
 
 SPECIAL ASSUMPSIT. In practice. An 
 action of assumpsit brought on a special 
 contract, which the plaintiff declares upon, 
 setting out its particular language or its 
 legal effect. 
 
 It is distinguished from a general as- 
 sumpsit, where the plaintiff, instead ot set- 
 ting out the particular language or effect 
 of the original contract, declares as for a 
 debt arising out of the execution of the 
 contract, where that constitutes the debt. 
 3 Bouv. Inst, note 3426. 
 
 SPECIAL BAIL. See "Bail." 
 
 SPECIAL BASTARD. One born of par- 
 ents before marriage, the parents after- 
 wards intermarrying. See "Bastard." 
 
 SPECIAL BENEFITS. Any benefits not 
 conjectural or speculative, which result to 
 the market value of property as a result of 
 an improvement are special benefits. 267 
 111. 124. 
 
 SPECIAL CASE. The name given in Eng- 
 lish practice to an agreed statement of 
 facts, on which a cause is submitted to 
 the court without trial. Also the state- 
 ment of facts on which a point reserved for 
 further consideration or for reference to 
 another court is heard. 
 
 SPECIAL CLAIM. In English law. A 
 claim not enumerated in the orders of 22d 
 April, 1850, which required the leave of the 
 court of chancery to file it. Such claims are 
 abolished. 
 
 . SPECIAL COMMISSION. In English law. 
 An extraordinary commission of oyer and 
 terminer and gaol delivery, issued by the 
 crown to the judges when it is necessary 
 that offenses should be immediately tried 
 and punished. Wharton. 
 
 SPECIAL CONSTABLE. A person ap- 
 pointed and sworn as a constable in an 
 emergency to augment the constabulary, or 
 to serve during disability or disqualification 
 of the constable. 
 
 SPECIAL CONTRACT. A specialty. 
 
 SPECIAL COUNT. A statement of the 
 facts of the particular case, as opposed to 
 the common counts (g. v.) 
 
 SPECIAL CUSTOM. A local custom. See 
 "Custom." 
 
 SPECIAL DAMAGES. The damages re- 
 coverable for the actual injury incurred 
 through the peculiar circumstance of the 
 individual case, above and beyond those 
 presumed by law from the general nature 
 of the wrong. See "Damages." 
 
 SPECIAL DEMURRER. In pleading. One 
 which excepts to the sufficiency of the plead- 
 ings on the opposite side, and shows spe- 
 cifically the nature of the objection and the 
 particular ground of the exception. 3 Bouv. 
 Inst, note 3022. See "Demurrer." 
 
 SPECIAL DEPOSIT. A deposit made of a 
 particular thing with the depositary. It is 
 distinguished from an irregular deposit. 
 
SPECIAL ELECTION 
 
 956 
 
 SPECIAL NON EST FACTUM 
 
 In Banking Law. A deposit which is 
 
 to be returned in specie. 
 
 SPECIAL ELECTION. An election spe- 
 cially called for an emergency, as opposed 
 to general election (q. v.) 
 
 SPECIAL ERRORS. Special pleas in er- 
 ror are those which assign for error mat- 
 ters in confession and avoidance, as a re- 
 lease of errors, the act of limitations, and 
 the like, to which the plaintiff in error may 
 reply or demur. 
 
 SPECIAL EXAMINER. An examiner in 
 chancery appointed to take evidence in a 
 particular suit. 
 
 SPECIAL EXECUTION. A special execu- 
 tion is process upon which a sale of prop- 
 erty is had which has already been levied 
 upon by writ of attachment and is in the 
 custody of the law. 198 111. 494. 
 
 SPECIAL EXECUTOR. See "Executor." 
 
 SPECIAL FINDING. A finding by the 
 jury of a particular ultimate fact material 
 to the issue. 
 
 SPECIAL GUARANTY. See "Guaranty." 
 
 SPECIAL GUARDIAN. A guardian of lim- 
 ited or temporary power in respect of his 
 ward, or of his ward's estate. A guardian 
 of a particular fund, appointed because of 
 the general guardian's adverse interest, or 
 one who exercises general powers during a 
 limited time, as where the general guardian 
 is disqualified or incapacitated, are exam- 
 ples. In the broadest sense, guardians ad 
 litem are special, but the term is not usu- 
 ally applied to them, and under the laws 
 of some states, notably New York, they are 
 distinct. 
 
 SPECIAL IMPARLANCE. In pleading, Aji 
 imparlance which contains the clause, 
 "saving to himself all advantages and ex- 
 ceptions, as well to the writ as to the dec- 
 laration aforesaid." 2 Chit. PI. 407, 408. 
 See "Imparlance." 
 
 SPECIAL INDORSEMENT. An indorse- 
 ment of a note or bill, naming the in- 
 dorsee. 
 
 SPECIAL INDORSEMENT OF WRIT. In 
 English practice. The writ of summons in 
 an action may, under Order iii. 6, be in- 
 dorsed with the particulars of the amount 
 sought to be recovered in the action, after 
 giving credit for any payment or set-off; 
 and this special indorsement (as it is call- 
 ed) of the writ is applicable in all actions 
 where the plaintiff seeks merely to recover 
 a debt or liquidated demand in money pay- 
 able by the defendant, with or without in- 
 terest, arising upon a contract, express or 
 implied, as, for instance, on a bill of ex- 
 change, promissory note, check, or other 
 simple contract debt, or on a bond or con- 
 tract under seal for payment of a liqui- 
 
 dated amount of money, or on a statute 
 where the sum sought to be recovered is a 
 fixed sum of money, or in the nature of 
 a debt, or on a guaranty, whether under 
 seal or not. Brown. 
 
 SPECIAL ISSUE. In pleading. A plea to 
 the action which denies some particular 
 material allegation, which is in effect a 
 denial of the entire right of action. It dif- 
 fers from the general issue, which traverses 
 or denies the whole declaration or indict- 
 ment. Gould, PL c. 2, §38. See "Gen- 
 eral Issue." 
 
 SPECIAL JURISDICTION. Limited juris- 
 diction. 
 
 SPECIAL JURY. One selected in a par- 
 ticular way by the parties. See "Jury." 
 
 SPECIAL LAW. See "Statute." 
 
 SPECIAL LEGACY. A "specific legacy" 
 (q. V.) 
 
 SPECIAL LIEN. A particular lien. See 
 "Lien." 
 
 SPECIAL LIMITATION. A qualification 
 serving to make out the bounds of an 
 estate, so as to determine it ipso facto in 
 a given event without action, entry or 
 claim, before it would, or might, otherwise 
 expire by force of, or according to, the 
 general limitation. A special limltatioa 
 may be created by the words "until," "so 
 long," "if," "whilst" and "during." 59 Pa. 
 St. 340. 
 
 SPECIAL MALICE. Express malice. See 
 "Malice." 
 
 SPECIAL MATTER. Matter of special 
 defense admitted under the genera,l issue by 
 a relaxation of the common-law rules of 
 pleading. 3 Bl. Comm. 306. See "Special 
 Plea." 
 
 SPECIAL MEETING. A meeting called 
 for and limited to the transaction of a 
 specified business. Applied to corporate 
 meetings, including meetings of municipal 
 councils or assembles. 
 
 SPECIAL MOTION. A special motion is 
 a motion addressed to the discretion of 
 the court, and which must be heard and 
 determined, as distinguished from one 
 which may be granted of course. 173 Mich. 
 109. 
 
 SPECIAL NON EST FACTUM. The name 
 of a plea by which the defendant says that 
 the deed which he has executed is not hia 
 own, or binding upon him, because of some 
 circumstance which shows that it was not 
 intended to be his deed, or because it was 
 not binding upon him for some lawful rea- 
 son; as, when the defendant delivered the 
 deed to a third person as an escrow to be 
 delivered upon a condition, and it has been 
 delivered without the performance of the 
 condition, he may plead non est factum, 
 
SPECIAL OCCUPANT 
 
 957 
 
 SPECIAL TRU8T 
 
 state the fact o£ the conditional delivery, 
 the nonperformance of the condition, and 
 add, "and so it is not his deed;" or if the 
 defendant be a feme covert, she may plead 
 non est factum, that she was a feme covert 
 at the time the deed was made, "and so it 
 is not her deed." Bac. Abr. "Please," etc. 
 (H 3, I 2) ; Gould, PI. c. 6, pt. 1, § 64. See 
 "Issint." 
 
 SPECIAL OCCUPANT. When an estate Is 
 granted to a man and his heirs during the 
 life of cestui que vie, and the grantee die 
 without alienation, and while the life for 
 which he held continues, the heir will suc- 
 ceed, and is called a "special ' occupant." 
 2 Bl. Comm. 259. In the United States, 
 the statute provisions of the different 
 states vary considerably upon this subject. 
 In New York and New Jersey, special oc- 
 cupancy is abolished. Virginia, and prob- 
 ably Maryland, follow the English statutes. 
 In Massachusetts and other states, where 
 the real and personal estates of intestates 
 are distributed in the same way and man- 
 ner, the question does not seem to be ma- 
 terial. 4 Kent, Comm. 27. 
 
 SPECIAL OFFICER. One who has been 
 appointed a constable for a particular occa- 
 sion, as in the case of an actual tumult or 
 a riot, or for the purpose of serving a par- 
 ticular process. 
 
 SPECIAL OWNER. One having a special 
 property. See "Property." 
 
 SPECIAL PAPER. A list kept in the Eng- 
 lish courts of common law, and now in the 
 queen's bench, common pleas, and exchequer 
 divisions of the high court, in which list 
 demurrers, special cases, etc., to be argued 
 are set down. It is distinguished from the 
 new trial paper, peremptory paper, crown 
 paper, revenue paper, etc., according to the 
 practice of the particular division. 
 
 SPECIAL PARTNER. See "Partner." 
 
 SPECIAL PARTNERSHIP. See "Partner- 
 ship.'' 
 
 SPECIAL PLEA. A plea which alleged 
 matter to distinguish away or palliate the 
 charge in the declaration. They were vari- 
 ous, limitations and estoppel being ex- 
 amples of matters so to be pleaded. 
 
 SPECIAL PLEA IN BAR. One which ad- 
 vances new matter. It differs from the 
 general in this, that the latter denies some 
 material allegation, but never advances new 
 matter. Gould, PI. c. 2, § 38. 
 
 SPECIAL PLEADER. In English prac- 
 tice. A lawyer whose professional occupa- 
 tion is to give verbal or written opinions 
 upon statements submitted to him, either in 
 writing or verbally, and to draw pleadings, 
 civil or criminal, and such practical pro- 
 ceedings as may be out of the general 
 course. 2 Chit. Prac. 42. 
 
 SPECIAL PLEADING. The science of 
 pleading. 
 
 The allegation of special or new matter 
 to avoid the effect of the previous allega- 
 tions of the opposite party, as distinguished 
 from a direct denial of matter previously 
 alleged on the opposite side. Gould, PI. c. 
 1, § 18; 3 Wheat. (U. S.) 246; Comyn, Dig. 
 "Pleader" (E 15). 
 
 SPECIAL PROCEEDINGS. A phrase used 
 in the codes of procedure to denote all pro- 
 ceedings other than actions; generally, any 
 proceeding in a court which was not under 
 the common law and equity practice either 
 an action at law or a suit in chancery is a 
 special proceeding. 117 Cal. 387; Ency. of 
 PI. & Pr. 112. 
 
 SPECIAL PROPERTY. That property in 
 a thing which gives a qualified or limited 
 right. See "Property." 
 
 SPECIAL REQUEST. A request actually 
 made, at a particular time and place. This 
 term is used in contradistinction to a "gen- 
 eral request," which need not state the 
 time when nor place where made. 3 Bouv. 
 Inst, note 2843. 
 
 SPECIAL RESTRAINT OF TRADE. See 
 
 "Restraint of Trade." 
 
 SPECIAL RULE. A rule or order of court 
 made in a particular case, for a particular 
 purpose. It is distinguished from a "gen- 
 eral rule," which applies to a class of cases. 
 It differs also from a "common rule," or 
 ''rule of course." 
 
 SPECIAL SERVICE. In Scotch law. That 
 form of service by which the heir is served 
 to the ancestor who was feudally vested in 
 the lands. Bell, Diet. 
 
 SPECIAL SESSIONS. In English law. A 
 meeting of two or more justices of the 
 peace, held for a special purpose (such as 
 the licensing of alehouses), either as re- 
 quired by statute, or when specially con- 
 voked, which can only be convened after no- 
 tice to all the other magistrates of the 
 division, to give them an opportunity of 
 attending. See "Statute." 
 
 SPECIAL STATUTE. A private statute. 
 See "Statute." 
 
 SPECIAL TAIL. Where an estate tail is 
 limited to the children of two given par- 
 ents, as to "A. and the heirs of his body 
 by B., his wife." 1 Steph. Comm. 244. 
 
 SPECIAL TERM. A term of court called 
 for a special occasion, as distinguished 
 from the regular terms held at times ap- 
 pointed by law. 
 
 SPECIAL TRAVERSE. See "Traverse." 
 
 SPECIAL TRUST. A special trust is one 
 where a trustee is interposed for the execu- 
 tion of some purpose particularly pointed 
 out, and is not, as in the case of a simple 
 
SPECIAL VERDICT 
 
 958 
 
 SPECIFICATIO 
 
 trust, a mere passive depositary of the es- 
 tate, but is required to exert himself ac- 
 tively in the execution of the settlor's in- 
 tention; as, where a conveyance is made to 
 trustees upon trust to reconvey, or to sell 
 for the payment of debts. 2 Bouv. Inst, 
 note 1896. 115 111. 668. See "Trust." 
 
 SPECIAL VERDICT. In practice. A spe- 
 cial verdict is one by which the facts of 
 the case are put on the record, and the law 
 is submitted to the judges, as where the 
 jury instead of finding for either party, 
 find and state all the facts at issue, and 
 conclude conditionally, that if upon the 
 whole matter thus found, the court should 
 be of the opinion that the plaintiff has a 
 good cause of action, they then find for the 
 plaintiff, and assess his damages; if other- 
 wise, then for the defendant. 129 111. 142. 
 See "Verdict." 
 
 SPECIALIA GENERALIBUS DEROGANT. 
 
 Special words derogate from general words. 
 A special provision as to a particular sub- 
 ject matter is to be preferred to general 
 language, which might have governed in 
 the absence of such special provision. L. 
 E. 1 C. P. 546. 
 
 SPECIALTY. A writing sealed and deliv- 
 ered, containing some agreement. 2 Serg. 
 & R. (Pa.) 503; Willes, 189; 1 P. Wms. 
 130; 10 Ga. 167. A writing sealed and de- 
 livered, which Is given as a security for the 
 payment of a debt, in which such debt is 
 particularly specified. Bac. Abr. "Obliga- 
 tion" (A). 
 
 Although in the body of the writing it 
 is not said that the parties have set their 
 hands and seals, yet if the instrument be 
 really sealed, it is a specialty, and, if it be 
 not sealed, it is not a specialty, although 
 the parties in the body of the writing make 
 mention of a seal. 2 Serg. & R. (Pa.) 504; 
 2 Coke, 5a. See "Bond;" "Debt;" "Obliga- 
 tion." 
 
 SPECIALTY DEBT. A debt due or ac- 
 knowledged to be due by deed or instrument 
 under seal. 2 Bl. Comm. 465. 
 
 SPECIE. Metallic money issued by pub- 
 lic authority. 
 
 This term is used in contradistinction to 
 "paper money," which in some countries is 
 emitted by the government, and is a mere 
 engagement which represents specie. Bank 
 paper in the United States is also called 
 "paper money." See "In Specie." 
 
 SPECIES (Lat.) In the civil law. Form; 
 figure; fashion or shape; a form or shape 
 given 'to materials. 1 Mackeld. Civ. Law, 
 277, §265. 
 
 A particular thing ; as distinguished from 
 "genus." 
 
 Zoology. A species embraces indi- 
 viduals of the same kind, and all of the 
 individuals having the same characteristics. 
 It embraces all individuals that are precise- 
 ly alike in every character, and not ca- 
 
 pable of change by any accidental circum- 
 stances, and capable of uniform, invariable 
 and permanent continuance by natural 
 propagation. Or, it is founded on identity 
 of form and structure, both external and 
 internal — the principal characteristics of 
 species in animals being the power to pro- 
 duce beings like themselves, and who are 
 themselves naturally productive. 69 111. 
 471. 
 
 SPECIES FACTI (Lat.) The particular 
 kind of act. Ainsworth. 
 
 SPECIFIC. Having a certain form or des- 
 ignation; observing a certain form; par- 
 ticular; precise. Burrill. 
 
 SPECIFIC DEVISES. Devises of lands 
 particularly specified in the terms of the 
 devise, as opposed to general and residuary 
 devises of land, in which the local or other 
 particular descriptions are not expressed. 
 For example, "I devise my Hendon Hall es- 
 tate" is a specific devise; but "I devise all 
 my lands," or, "all other my lands," is a 
 general devise or a residuary devise. But 
 all devises are, in effect, specific; even re- 
 siduary devises being so. L. R. 3 Ch. 420; 
 L. R. 10 Ch. 136; Brown. 
 
 SPECIFIC LEGACY. A bequest of a par- 
 ticular thing, so described that it may be 
 identified. The description may be such 
 as to distinguish a particular article 
 among sevei:al of the class owned by testa- 
 tor, or it may embrace all the property of 
 a class owned by him. Thus, a legacy of 
 "one set of blacksmith's tools" is general 
 (8 N. Y. 520) ; but a legacy of "the dia- 
 mond ring presented to me by A.," or of 
 "all the personal property on the farm or 
 in the house at the time of my death" (30 
 Hun [N. Y.] 531), is specific. 
 
 SPECIFIC PERFORMANCE. The actual 
 accomplishment of a contract by the party 
 bound to fulfill it. 
 
 An equitable remedy to compel the pre- 
 cise or substantial performance of a con- 
 tract. 
 
 The right to the remedy was in its 
 origin dependent on the inadequacy of the 
 legal remedy by suit for damages, but this 
 rule has been very much relaxed. 2 N. Y. 
 60; 7 111. 327. 
 
 SPECIFICATIO (Lat.) In civil law. The 
 process by which, from material either of 
 one kind or different kinds, either belong- 
 ing to the person using them or to another, 
 a new form or thing is created; as, if from 
 gold or gold and silver a cup be made, or 
 from grapes' wine. Calv. Lex. Whether 
 the property in the new article was in the 
 owner of the materials, or in him who 
 effected the change, was a matter of con- 
 test between the two great sects of Roman 
 lawyers. Stair, Inst. p. 204, § 41; Mackeld. 
 Civ. Law, § 241. 
 
SPECIFICATION 
 
 959 
 
 SPIRITUAL COURTS 
 
 SPECIFICATION. A particular and de- 
 tailed account of a thing. 
 
 For example, in order to obtain a patent 
 for an invention, it is necessary to file a 
 specification or an instrument of writing, 
 which must lay open and disclose to the 
 public every part of the process by which 
 the invention can be made useful. If the 
 specification does not contain the whole 
 truth relative to the discovery, or contains 
 more than is requisite to produce the de- 
 sired effect, and the concealment or addi- 
 tion was made for the purpose of deception, 
 the patent would be void; for if the speci- 
 fication were insufficient on account of its 
 want of clearness, exactitude, or good faith, 
 it would be a fraud on society that the pat- 
 entee should obtain a monopoly without giv- 
 ing up his invention. 2 Kent, Comm. 300; 
 1 Bell, Comm. pt. 2, c. 3, § 1, p. 112; Per- 
 pigna, Pat. 67 ; Renouard des Brevets d'Inv. 
 252. See "Patent." 
 
 In Military Law. The clear and par- 
 ticular description of the charges preferred 
 against a person accused of a military of- 
 fense. Tytler, Mil. Law, 109. 
 
 SPECIFY. To mention specifically or ex- 
 plicitly, to state in full or explicit terms or 
 explicitly and in detail, name expressly, dis- 
 tinctly and particularly. 145 Iowa 424, 
 431. 
 
 SPECIMEN. A sample; a part of some- 
 thing by which the other may be known. 
 
 Act Cong. July 4, 1836, § 6, requires the 
 inventor or discoverer of an invention or 
 discovery to accompany his petition and 
 specification for a patent with specimens of 
 ingredients, and of the composition of mat- 
 ter, sufficient in quantity for the purpose of 
 experiment, where the invention or discov- 
 ery is of the composition of matter. 
 
 SPECULATION. The hope or desire of 
 making a profit by the purchase and resale 
 of a thing. Pardessus, Dr. Com. note 12. 
 The profit so made; as, he made a good 
 speculation. 
 
 SPECULATIVE DAMAGES. See "Dam- 
 ages." 
 
 SPECULUM (Lat.) Mirror or looking 
 glass. The title of several of the most an- 
 cient law books or compilations. One of 
 the ancient Icelandic books is styled Specu- 
 lum Regale. In the preface to this work, 
 four others, bearing the same title of Spec- 
 ulum, are referred to. There is also a col- 
 lection of the ancient laws o£ Pomerania 
 and Prussia, under the same title. Barr. 
 Obs. St. 1, 2, note (b). 
 
 SPEEDY EXECUTION. An execution 
 which, by the direction of the judge at nisi 
 prius, issues forthwith, or on some early 
 day fixed upon by the judge for that pur- 
 pose after the trial of the action. Brown. 
 
 SPEEDY TRIAL. A trial brought on as 
 speedily as the prosecution can reasonably 
 
 be expected or required to be ready for it. 
 4 Nev. 113; 74 Iowa 369. 
 
 SPENDTHRIFT. A person who, by ex- 
 cessive drinking, gaming, idleness, or de- 
 bauchery of any kind, shall so spend, waste, 
 or lessen his estate as to expose himself 
 or his family to want or suffering, or ex- 
 pose the town to charge or expense for the 
 support of himself or family. Rev. St. Vt. 
 c. 65, § 9. 
 
 SPENDTHRIFT TRUST. A trust created 
 for the purpose of providing for the main- 
 tenance of a person, and at the same time 
 putting the property from which such main- 
 tenance is derived beyond the reach of the 
 improvidence of the beneficiary. It is gen- 
 erally held that such trusts are ineffective, 
 on the ground that the beneficial interest of 
 the cestui que trust, whatever it may be, 
 is liable for his debts (5 [Wall.] U. S. 441; 
 15 Ohio St. 419) ; but in some states, such 
 trust provisions have been upheld (20 Mo. 
 App. 1; 86 Tenn. 81). 
 
 SPERATE (Lat. spero, to hope.) That 
 of which there is hope. 
 
 In the accounts of an executor and the 
 inventory of the personal assets, he should 
 distinguish between those which are sper- 
 ate and those which are desperate. He 
 will be prima facie responsible for the for- 
 mer, and discharged for the latter. 1 Chit 
 Prac. 520; 2 Williams, Ex'rs, 644; Toller 
 Ex'rs, 248. See "Desperate." 
 
 SPES EST VIGILANTIS SOMNIUM 
 Hope is the dream of the vigilant. 4 Inst. 
 203. 
 
 SPES IMPUNITATIS CONTINUUM AF 
 fectum tribult delinquendl. The hope of im 
 punity holds out a continual temptation to 
 crime. 3 Inst. 236. 
 
 SPES RECUPERANDI (Lat. the hope of 
 recovery). A term applied to cases of cap- 
 ture of an enemy's property as a booty or 
 prize, while it remains in a situation in 
 which it is liable to be recaptured. As be- 
 tween the belligerent parties, the title to 
 the property taken as a prize passes the 
 moment there is no longer any hope of re- 
 covery. 2 Burrows, 683. 
 
 SPINSTER. An addition given, in legal 
 writings, to a woman who never was mar- 
 ried. Lovelace, Wills, 269. 
 
 SPIRITUAL CORPORATIONS. Corpora- 
 tions, the members of which are entirely 
 spiritual persons, and incorporated as such, 
 for the furtherance of religion, and per- 
 petuating the rights of the church. They 
 are of two sorts, — sole, as bishops, certain 
 deans, parsons, and vicars, or aggregate, as 
 dean and chapter, prior and convent, etc. 
 
 SPIRITUAL COURTS. 
 courts (g. v.) 
 
 Ecclesiastical 
 
SPIRITUAL LORDS 
 
 960 
 
 SPONSIONS 
 
 /SPIRITUAL LORD®. The archbishops 
 ^nd bishops of the house of lords. 2 Steph. 
 Comm. (7th Ed.) 328. 
 
 SPIRITUALISM. A belief in the power 
 of departed spirits to communicate with the 
 living by means of mediums. 160 111. App. 
 642. 
 
 SPIRITUALITY OF BENEFICES. The 
 
 tithes of land, etc. 
 
 SPIRITUOUS LIQUORS. These are In- 
 toxicating liquids produced by distillation, 
 and forming an article of commerce. 1 
 Exch. 281. The term does not include fer- 
 mented liquors. 5 Blackf. (Ind.) 118. 
 
 SPITAL, or SPITTLE. A charitable foun- 
 dation; a hospital for diseased people. Cow- 
 ell. 
 
 SPITE FENCE. A fence erected mali- 
 ciously and with no other purpose thaii to 
 shut out the light and air from a neigh- 
 bor's window. Such a fence is a nuisance, 
 for no man has a right to build and main- 
 tain an entirely useless structure for the 
 sole purpose of injuring his neighbor. 151 
 N. C. 434, 440, 19 Ann. Cas. 473, 475. 68 
 111. 479. 
 
 SPLIT. See "Gambling Contract." 
 
 SPLITTING A CAUSE OF ACTION. The 
 
 bringing an action for only a part of the 
 cause of action. This is not permitted 
 either at law or in equity. 4 Bouv. Inst, 
 note 4167. 
 
 SPOLIATION. 
 
 In English Ecclesiastical Law. The 
 
 name of a suit sued out in the spiritual 
 court to recover for the fruits of the 
 church, or for the church itself. Fitzh. 
 Nat. Brev. 85. 
 
 A waste of church property by an ecclesi- 
 astical person. 3 Bl. Comm. 90. 
 
 In Torts. Destruction of a thing by 
 
 the act of a stranger; as, the erasuj-e or 
 alteration of a writing by the act of a 
 stranger is called "spoliation;" as con- 
 tradistinguished from "alteration." 5 
 Sneed (Tenn.) 344. This has not the effeot 
 to destroy its character or legal effect. 1 
 Greenl. Ev. § 566. 
 
 In Admiralty Law. By spoliation is 
 
 also understood the total destruction of a 
 thing; as, the spoliation of papers by the 
 captured party is generally regarded as a 
 proof of guilt; but in America it is open 
 to explanation except in certain ' cases, 
 where there is a vehement presumption of 
 bad faith. 2 Wheat. (U. S.) 227, 241: 1 
 Dods. Adm. 480, 486. See "Alteration.'' 
 
 SPOLIATOR (Lat. from spolim-e, to de- 
 spoil). In old English law. A despoilel-; 
 a disseisor. Pleta, lib. 4, c 2, §§ 19, 20, 22. 
 
 A destroyer (of a deed). See "In Odium 
 Spoliatoris." 
 
 Of Evidence. One who wilfully with- 
 holds evidence in his jJOSsessiOn or under 
 
 his contrtfl, sudi as books, maps, contracts, 
 etc.,, is a spoliator of evidence; his con- 
 duct being attributed to his supposed 
 knowledge that the truth would have oper- 
 ated against him. 138 111. 639. 
 
 SPOLIATUS DEBET ANTE OMNIA RES- 
 tltuti. He who has been despoiled ought to 
 be restored before anything else. 2 Inst. 
 714; 4 Bl, Comm. 353. 
 
 SPOLIUM. In the civil and common law. 
 A thing violently or unlawfully taken from 
 another. 1 Mackeld. Civ. Law, 261, note. 
 
 SPONDEO (Lat.) In the civil law. I un- 
 dertake; I engage. Inst. 3. 16. 1. 
 
 SP0NDES7 SPONDEO (Lat.) Do you un- 
 dertake? I do undertake. The most com- 
 mon form of verbal stipulation in the Ro- 
 man law. Inst. 3. 16. 1. 
 
 SPONDET PERITIAM ARTIS. He prom- 
 ises to use the skill of his art. Poth. de 
 Contr. du Louage, note 425; Jones, Bailm. 
 22, 53, 62, 97, 120; Domat, liv. 1, tit. 4, § 8, 
 note 1 ; 1 Story, Bailm. § 431 ; 1 Bell, Comm. 
 (5th Ed.) 459; 1 Bouv. Inst, note 1004. 
 
 SPONSALIA, or STIPULATIO SPONSA- 
 litia (Lat.) A promise lawfully made be- 
 tween persons capable of marrying each 
 other, that at some future time they will 
 marry. See "Espousals;" Ersk. Inst. 1. 
 6. 3. 
 
 SPONSIA JUDICIALIS. The feigned issue 
 of the Romans. See "Feigned Issue." 
 
 SPONSIO (Lat.) In the civil law. An 
 engagement or undertaking; particularly 
 such as was made in the form of an an- 
 swer to a formal interrogatory by the other 
 party. Calv. Lex.; Dig. 50. 16. 7. 
 
 An engagement to pay a certain sum 
 of money to the successful party in a cause. 
 Calv. Lex. 
 
 SPONSIO LUDICRA (Lat.) 
 
 In Scotch Law. A trifling or ludicrous 
 
 engagement, ,such as a court will not sus- 
 tain an action for. 1 Karnes, Eq. Introd. 34. 
 
 In the Civil Law. An informal under- 
 taking, or one made without the usual for- 
 mula of interrogation. Calv. Lex. 
 
 SPONSIONS. In international law. Agree- 
 ments or engagements made by certain 
 public officers, as generals or admirals, in 
 time of war, either without authority or by 
 exceeding the limits of authority under 
 which they purport to be made. 
 
 Before these conventions can have any 
 binding authority on the state, ihey must 
 be confirmed by express or tacit ratifica- 
 tion. The former is given in positive terms 
 and in the usual forms; the latter is justly 
 implied from the fact of acting under tiie 
 agreement as if bound by it, and from any 
 other circumstance from which an assent 
 may be fairly presumed. Wheaton, Int. 
 Law, pt. 3, c. 2, § 3; Grotius de Jure Belli, 
 
SPONSOR 
 
 961 
 
 STAKE 
 
 lib. 2, c. 15, §16; Id. lib. 3, c. 22, §§1-3; 
 Vattel. Law Nat. bk. 2, c. 14, §§ 209-212; 
 Wolff. Inst. §1156. 
 
 SPONSOR. In civil law. He who inter- 
 venes for another voluntarily and without 
 being requested. The engagement which 
 he enters into is only accessory to the 
 principal. See Dig. 17. 1. 18; Nov. 4. 1; 
 Code de Comm. arts. 158, 159; Code Nap. 
 1236; Wolff. Inst. §1556. 
 
 SPONTE OBLATA. A free gift or pres- 
 ent to the crown. 
 
 SPONTE VIRUM FUGIENS MULIER ET 
 adultera facta, doti sua careat, nisi sponte 
 retracta. A woman leaving her husband of 
 her own accord, and committing adultery, 
 loses her dower, unless her husband takes 
 her back of his ovsm accord. Co. Litt. 37. 
 
 SPORTING HOUSES. Houses of ill fame. 
 202 111. 66. 
 
 SPORTULA, or SPORTELLA. A dole or 
 largess, either of meat or money, given by 
 princes or great men to the poor. It was 
 properly the pannier or basket in which the 
 meat was brought, or with which the poor 
 went to beg it, thence the word was trans- 
 ferred to the meat itself, and thence to 
 money sometimes given in lieu of it. Bnc. 
 Lond. 
 
 SPOUSALS. In old English law. Mutual 
 promises to marry. 
 
 SPOUSE BREACH. In old English law. 
 Adultery. Cowell. 
 
 SPREAD. See "Gambling Contract." 
 
 SPRINGING USE. A use limited to arise 
 on a future event, where no preceding use 
 is limited, and which does not take effect 
 in derogation of any other interest than 
 that which results to the grantor, or re- 
 mains in him in the meantime. Gilb. Uses 
 (Sugden Ed.) 153, note; 2 Crabb, Real 
 Prop. 498. 
 
 A future use, either vested or contin- 
 gent, limited to arise without any preceding 
 limitation. Cornish, Uses, 91. 
 
 It differs from a remainder in not re- 
 quiring any other particular estate to sus- 
 tain it than the use resulting to the one 
 who creates it, intermediate between its 
 creation and the subsequent taking effect 
 of the springing use. Dyer, 274 ; Poll. 65 ; 
 1 Edw. Ch. (N. Y.) 34; 4 Dru. & W. 27; 
 1 Mod. 238; 1 Me. 271. It differs from an 
 executory devise in that a devise is created 
 by wiU, a use by deed. Fearne, Cont. Rem. 
 385 (Butler's note) ; Wilson, Uses. It dif- 
 fers from a shifting use, though often con- 
 founded therewith. See, generally, 2 
 Washb. Real Prop. 281. See "Use." 
 
 SPULZIE (spoliaUo). In Scotch law. 
 The taking away movables without the con- 
 sent of the owner ot order of law. Stair, 
 Inst. 96, §16; Rell, Diet. 
 
 SPURIUS CLrat.) In the civil law. A bas 
 tard; the offspring of promiscuous cohabi 
 tation, otherwise called vulgo quaesitus, or 
 conceptus. Inst. 1. 10. 12. 
 
 One born of an unlawful intercourse {ex 
 nuptiis injustis, or ex damnato coitu). Inst. 
 1. 10. 12; Bracton, fol. 63. 
 
 SPY. One who penetrates secretly or In 
 disguise or by false pretenses within mili- 
 tary lines for the purpose of obtaining in- 
 formation to be used to the disadvantage 
 of the forces so spied upon. 
 
 SQUATTER. One who settles on the 
 lands of others without any legal authority. 
 This term is applied particularly to persons 
 who settle on the public land. 3 Mart. (La.; 
 N. S.) 293; 5 Biss. (U. S.) 530. 
 
 SQUEEZED. See "Gambling Contract." 
 
 STAB. To make a wound with a pointed 
 instrument. A stab differs from a cut or a 
 wound. 3 ha. Ann. 514; Russ. & R. 356; 
 Russ. Crimes, 597; Bac. Abr. "Maihem" 
 (B). 
 
 STABILIA. A writ called by that name, 
 founded on a custom in Normandy, that 
 where a man in power claimed land in the 
 possession of an inferior, he petitioned the 
 prince that it might be put into his hands 
 till the right was decided, whereupon he 
 had this writ. Wharton. 
 
 STABIT PRAESUMPTIO DONEC PRO- 
 
 betur in contrarium. A presumption will 
 stand good until the contrary is proved. 
 Hob. 297; 3 Bl. Comm. 371; Broom, Leg. 
 Max. (3d London Ed.) 852; 16 Mass. 87. 
 
 STABLE STAND. In forest law. One of 
 the four evidences or presumptions whereby 
 a man was convicted of an intent to steal 
 the king's deer in the forest. This was 
 when a man was found at his standing 
 in the forest with a cross-bow or long-bow 
 bent, ready to shoot at any deer, or else 
 standing close by a tree with greyhounds 
 in a leash, ready to slip. Cowell. 
 
 STABULARII (Lat. pi. of stabularius). 
 In the civil law. Stable keepers ; hostlers ; 
 qui stabulum exercent. Dig. 4. 9. 1. 5; 
 Story, Bailm. §464. 
 
 STAGE RIGHT. Words which it has been 
 attempted to introduce as a substitute for 
 "the right of representation and perform- 
 ance," but it can hardly be said to be an 
 accepted term of English or American law. 
 
 STAGNUM (Lat) A pooL It is said to 
 consist of land and water, and therefore by 
 the name of stagrmm the water and the 
 land may be passed. Co. Littv 5. 
 
 STAKE. A sum of money or other valu- 
 able thing, the ownership of which is in 
 dispute, or to which one or more have con- 
 tributed, or owTi, who agree that it shall 
 become the sole property of some person or 
 persons upbn the happening, in the future 
 
STAKEHOLDER 
 
 962 
 
 STARE DECISIS 
 
 of an event at present uncertain. The 
 person chosen as custodian of the property 
 is called the stateholder (g. v.) 81 N. Y. 
 539. 
 
 STAKEHOLDER, A third person chosen 
 by two or more persons to keep in deposit 
 property the right or possession of which 
 is contested between them, and to be de- 
 livered to the one who shall establish his 
 right to it. Thus, each of them is consid- 
 ered as depositing the whole thing. This 
 distinguishes this contract from that which 
 takes place when two or more tenants in 
 common deposit a thing with a bailee. 
 Domat, Lois Civ. liv. 1, tit. 7, §4; 1 Vern. 
 44, note 1. 
 
 A person having in his hands money or 
 other property claimed by several others 
 is considered in equity as a stakeholder. 1 
 Vern. 144. 
 
 The stakeholder cannot be regarded as 
 a party to an illegal contract, or in _ pari 
 delicto. He is a mere depositary, with a 
 naked authority to deliver it over on the 
 proposed contingency. If the authority is 
 actually revoked before the money or thing 
 is paid over or delivered, it remains a 
 naked deposit to the use of the depositor. 
 32 111. App. 116; 2 111. 32. 
 
 STALE DEMAND. A claim which has 
 been for a long time undemanded; as, for 
 example, where there has been a delay of 
 twelve years unexplained. 3 Mason (U. S.) 
 161. 
 
 STALLAGE (Saxon, stal). The liberty 
 or right of pitching or erecting stalls in 
 fairs or markets, or the money paid for the 
 same. Blount; Wharton; 6 Q. B. 31. 
 
 STALLARIUS (Lat.) In Saxon law. The 
 praefectus stabuli, now master of the horse 
 (Saxon, stalstabulu-m) . Blount. Sometimes 
 one who has a stall in a fair or market. 
 Fleta, lib. 4, c. 28, p. 13. 
 
 STAMP. An impression made by order of 
 the government, on paper, which must be 
 used in reducing certain contracts to writ- 
 ing, for the purpose of raising a revenue. 
 See Starkie, Ev.; 1 Phil. Ev. 444. 
 
 A paper bearing an impression or device 
 authorized by law, and adapted for attach- 
 ment to some subject of duty or excise. 
 
 The term in American law is used often 
 in distinction from "stamped paper," 
 which latter meaning, as well as that of 
 the device or impression itself, is included 
 in the broader signification of the word. 
 
 Stamps or stamped paper are prepared 
 under the direction of officers of the gov- 
 ernment, and sold at a price equal to the 
 duty or excise to be collected. The stamps 
 are affixed and cancelled; and where 
 stamped paper is used, one use obviously 
 prevents a second use. The internal reve- 
 nue acts of the United States of 1862 and 
 subsequent years require stamps to be 
 affixed to a great variety of subjects, un- 
 der severe penalties in the way of fines, and 
 
 also under penalty of invalidating written 
 instruments, and rendering them incapable 
 of being produced in evidence. 
 
 STAND. To abide by a thing; to submit 
 to a decision; to comply with an agreement; 
 to have validity; as, the judgment must 
 stand. 
 
 STANDARD. . 
 
 In War. An ensign or flag used in 
 
 war. 
 
 In Measures. A weight or measure 
 
 of certain dimensions, to which all other 
 weights and measures must correspond; as, 
 a standard bushel. Also, the quality of cer- 
 tain metals, to which all others of the same 
 kind ought to be made to conform; as, 
 standard gold, standard silver. 
 
 STANDING ASIDE. A practice prevailing 
 in England and a few of the United 
 States in the selection of jurors in a crimi- 
 nal case, whereby the prosecuting attorney 
 may peremptorily put aside a juror with- 
 out challenge until the panel is exhausted, 
 at which time the jurors so put aside are 
 called, and cause must be shown against 
 them. 
 
 STANDING MUTE. Refusal of one 
 charged with crime to plead to the charge, 
 or, after plea of not guilty, to put himself 
 upon the country. 
 
 STANDING SEISED TO USES. See "Cov- 
 enant to Stand Seized to Uses." 
 
 STANNARY COURTS (stannary, from 
 Lat. stannum, Cornish, stean, tin, — a tin 
 mine). In English law. Courts of record, 
 in Devonshire and Cornwall, England, for 
 the administration of justice among the 
 tinners therein. They are of the same lim- 
 ited and exclusive nature as those of the 
 counties palatine. 
 
 STAPLE. In international law. The right 
 of staple, as exercised by a people upon 
 foreign merchants, is defined to be that they 
 may not allow them to set their merchan- 
 dises and wares to sale, but in a certam 
 place. 
 
 This practice is not in use in the United 
 States. 1 Chit. Com. Law, 103; 4 Inst. 238; 
 Malone, Lex. Merc. 237; Bac. Abr. "Execu- 
 tion" (B 1). See "Statute Staple." 
 
 STAR CHAMBER. See "Court of Star 
 Chamber." 
 
 STARE DECISIS. To abide by or adhere 
 to decided cases. It is a general rule that, 
 when a point has been settled by a deci- 
 sion, it becomes a precedent which should 
 be followed in subsequent cases before the 
 same court. The rule is based wholly on 
 policy, in the interest of uniformity and 
 certainty of the law, but is frequently de- 
 parted from. See "Rule of Property." 
 
STARE DECISIS, ET NON QUIETA 963 
 
 STATIM 
 
 STARE DECISIS, ET NON QUIETA MO- 
 
 vere. To adhere to precedents, and not to 
 unsettle things -which are established. 9 
 Johns. (N. Y.) 395, 428; 11 Wend. (N. Y.) 
 504, 507; 23 Wend. (N. Y.) 336, 340; 25 
 Wekd. (N. Y.) 119, 142; 4 Hill (N. Y.) 
 271, 323; 4 Hill (N. Y.) 592, 595; 22 Barb. 
 (N. Y.) 97, 106. 
 
 STARE IN JUDICIO (Lat.) To appear be- 
 fore a tribunal, either as plaintiff or de- 
 fendant. 
 
 STAT PRO RATIONE VOLUNTAS. The 
 
 will stands in place of a reason. 1 Barb. 
 (N. Y.) 408, 411; 16 Barb. (N. Y.) 514, 
 525. 
 
 STAT PRO RATIONE VOLUNTAS PO- 
 
 puli The will of the people stands in place 
 of a reason. 25 Barb. (N. Y.) 344, 376. 
 
 STATE (Lat. stare, to place, establish). 
 
 In Governmental Law. A self-sufla,cient 
 
 body of persons united together in one com- 
 munity for the defense of their rights, and 
 to do right and justice to foreigners. In this 
 sense, the state means the whole people 
 united into one body politic; and the 
 "state," and the "people of the state," are 
 eauivalent expressions. 1 Pet. Cond. Rep. 
 (U. S.) 37-39; 2 Dall. (Pa.) 425; 3 Dall. 
 (Pa.) 93; 2 Wilson, Lect. 120; Dane, Abr. 
 Append. §50, p. 63; 1 Story, Const. §361. 
 A body governmental and politic, compris- 
 ing all the human beings within a certain 
 defined territory, organized for the purpose 
 of governing, and which does supremely 
 govern, within the limits of that territory. 
 The positive or actual organization of the 
 legislative or judicial powers; thus, the 
 actual government of the state is desig- 
 nated by the name of the state; hence the 
 expression, the state has passed such a 
 law or prohibited such an act. The section 
 of territory occupied by a state; as, the 
 state of Pennsylvania. 
 
 One of the commonwealths which form 
 the United States of America. 
 
 In Practice. To make known specifi- 
 cally; to explain particularly; as, to state an 
 account, or to show the different items in 
 an account; to state the cause of action in 
 a declaration. 
 
 STATE OF FACTS AND PROPOSAL. 
 
 In English lunacy practice, when a person 
 has been found a lunatic, the next step 
 is to submit to the master a scheme called 
 a "state of facts and proposal," showing 
 what is the position in life, property, and 
 income of the lunatic, who are his next of 
 kin and heir at law, who are proposed as 
 Ms committees, and what annual sum is 
 proposed to be allowed for his mainte- 
 nance, etc. Prom the state of facts and 
 the evidence adduced in support of it, the 
 master frames his report. Elmer, Lun. 22; 
 Pope, Lun. 79. A similar practice former- 
 ly prevailed in chancery. 
 
 STATE TRIALS. Trials of political of- 
 fenders. Also the name of a series of re- 
 ports of such trials held in England. 
 
 STATE'S EVIDENCE. A term used in the 
 United States corresponding to the king's 
 (or queen's) evidence of England. 
 
 STATED ACCOUNT. An acknowledgment 
 of or agreement to an existing condition 
 of liability of the parties, from which the 
 law implies that all items therein are true 
 and a promise to pay the balance thus 
 acknowledged to be due. 246 IlL 241; 121 
 Cal. 590; 71 Cal. 60. 
 
 STATED TERM. A regular term of court, 
 held at the time fixed by law or rule. 
 
 STATEMENT. See "Particular State- 
 ment." 
 
 STATEMENT OF AFFAIRS. In English 
 bankruptcy practice, a bankrupt or debtor 
 who has presented a petition for liquidation 
 or composition must produce at the first 
 meeting of creditors a statement of his af- 
 fairs, giving a list of his creditors, secured 
 and unsecured, with the value of the securi- 
 ties, a list of bills discounted, and a state- 
 ment of his property. Bankruptcy Act 
 1869, §19. 
 
 STATEMENT OF CLAIM. A written or 
 printed statement by the plaintiff in an 
 action in the English high court, showing 
 the facts on which he relies to support his 
 claim against the defendant, and the relief 
 which he claims. It is delivered to the 
 defendant or his solicitor. The delivery of 
 the statement of claim is usually the next 
 step after appearance, and is the com- 
 mencement of the pleadings. A somewhat 
 similar procedure has been adopted in some 
 courts in the United States. 
 
 STATEMENT OF DEFENSE. In the prac- 
 tice of the English high court, where the 
 defendant in an action does not demur to 
 the whole of the plaintiff's claim, he deliv- 
 ers a pleading called a "statement of de- 
 fense." The statement of defense deals 
 with the allegations contained in the state- 
 ment of claim (or the indorsement on the 
 writ, if there is no statement of claim), 
 admitting or denying them, and, if neces- 
 sary, stating fresh facts in explanation or 
 avoidance of those alleged by the plaintiff. 
 
 STATEMENT OF PARTICULARS. In 
 
 English practice, when the plaintiff claims 
 a debt or liquidated demand, but has not 
 indorsed the writ specially {i. e., indorsed 
 on it the particulars of his claim under 
 Order iii. r. 6), and the defendant fails to 
 appear, the plaintiff may file a statement 
 of the particulars of his claim, and after 
 eight days enter judgment for the amount, 
 as if the writ had been specially indorsed. 
 Rules of Court xiii. 5. 
 
 STATIM (Lat.) Immediately. 
 
STATING PART OF A BILL 
 
 964 
 
 STATUTE 
 
 STATING PART OF A BILL. See "Bill." 
 
 STATION. In civil law. A place where 
 ships may ride in safety. Dig. 49. 12. 1. 
 13; Id. 50. 15. 59. 
 
 STATIONERS' HALL. St. 5 & 6 Vict. c. 
 45, authorizes, in every case of copyright, 
 the registration of the title of the proprie- 
 tor at Stationers' Hall, and provides that, 
 without previous registration, no action 
 shall be commenced, though an omission to 
 register is not otherwise to affect the copy- 
 right itself. It was founded A. D. 1553. 
 2 Hall, Hist. Lit. pt. 2, c. 8. p. 366; 3 Steph. 
 Comm. (7th Ed.) 37. 
 
 STATU LIBERI (Lat.) In Louisiana. 
 Slaves for a time, who have acquired the 
 right of being free at a time to come, or 
 on a condition which is not fulfilled, or in 
 a certain event which has not happened, 
 but who in the meantime remain in a state 
 of slavery. Civ. Code La. art. 37. See 3 
 La. 176; 6 La. 571; 4 Mart. (La.) 102; 
 7 Mart. (La.) 351; 8 Mart. (La.) 219. 
 This is substantially the definition of the 
 civil law. Hist, de la Jur. lib. 40; Dig. 40. 
 7. 1; Code, 7. 2. 13. 
 
 STATUS (Lat.) The condition of persons. 
 It also means "estate," because it signifies 
 the condition or circumstances in which the 
 owner stands with regard to his property. 
 2 Bouv. Inst, note 1689. 
 
 STATUS DE MANERIO. The assembly of 
 the tenants in the court of the lord of a 
 manor, in order to do their customary suit. 
 
 STATUS QUO (Lat.) The existing state 
 of things at any given date. Status quo 
 ante bellum, the state of things before the 
 war. 
 
 STATUTA PRO PUBLICO COMMODO 
 late Interpretantur. Statutes made for the 
 public good ought to be liberally construed. 
 Jenk. Cent. Cas. 21. 
 
 STATUTA SUO CLAUDUNTUR TERRI- 
 torlo, nee ultra terrltorlum disponunt. Stat- 
 utes are confined to their own territory, and 
 have no extraterritorial effect. 4 Allen 
 (Mass.) 324. 
 
 STATUTABLE, or STATUTORY. That 
 which is introduced or governed by statute 
 law, as opposed to the common law or 
 equity. Thus, a court is said to have statu- 
 tory jurisdiction when jurisdiction is given 
 to it in certain matters by statute. 
 
 STATUTE. A law established by the act 
 of the legislative power; an act of the 
 legislature; the written will of the legis- 
 lature, solemnly expressed according to the 
 forms necessary to constitute it the law of 
 the state. 
 
 This word is used to designate the writ- 
 ten law, in contradistinction to the unwrit- 
 ten law. See "Common Law." 
 
 Among the civilians, the term ''statute" 
 is generally applied to laws and regula- 
 
 tions of every sort. , Every provision of 
 law which ordains, permits, or prohibits 
 anything is designated a "statute," without 
 considering from what source it arises. 
 Sometimes the word_ is used in contradis- 
 tinction from the imperial Roman law, 
 which, by way of eminence, civilians call 
 the "common law." 
 
 In Old Common Law. A bond or ob- 
 ligation of record. See "Statute Mer- 
 chant;" "Statute Staple." 
 
 Classification : 
 
 (1) An affirmative statute is one which 
 is enacted in afiirmative terms. Such a 
 statute does not necessarily take away the 
 common law. 2 Inst. 200; Dwarr. St. 474. 
 If, for example, a statute without negative 
 words declares that, when certain requisites 
 shall have been complied with, deeds shall 
 have a certain effect as evidence, this does 
 not prevent their being used in evidence, 
 though the requisites have not been com- 
 plied with, in the same manner as they 
 might have been before the statute was 
 passed. 2 Caines (N. Y.) 169. Nor does 
 such an affirmative statute repeal a prece- 
 dent statute if the two can both be given 
 effect. Dwarr. St. 474. 
 
 (2) A declaratory statute is one which 
 is passed in order to put an end to a doubt 
 as to what is the common law or the mean- 
 ing of another statute, and which declares 
 what it is and ever has been. 
 
 (3) A negative statute is one expressed 
 in negative terms, and so controls the com- 
 mon law that it has no force in opposition 
 to the statute. Bac. Abr. "Statute" (G). 
 
 (4) Penal statutes are those which com- 
 mand or prohibit a thing under a certain 
 p^alty. Espinasse, Pen. Act. 5; Bac. Abr. 
 See, generally, Bac. Abr.; Comyn, Dig. 
 "Parliament;" Viner, Abr.; Dane, Abr. In- 
 dex; Chit. Prac; 1 Kent, Comm. 447-459; 
 Barr. Obs. St.; Boscawen, Pen. St; Es- 
 pinasse, Pen. Act.; Dwarr. St.; Sedgw. 
 Const. Law. A statute affixing a penalty 
 to an act, though it does not in words pro- 
 hibit it, thereby makes it illegal. 14 Johns. 
 (N. Y.) 273; 1 Bin. (Pa.) 110; 37 Eng. 
 Law & Eq. 475; 14 N. H. 294; 4 Iowa 490; 
 7 Ind. 77. 
 
 (5) Mandatory statutes are such as. im- 
 peratively require compliance. 
 
 (6) Directory statutes are such as may 
 be violated without invalidating the acts 
 done in violation of it. 
 
 (7) Permissive statutes are_ those which 
 allow something without requiring it. 
 
 (8) A perpetual statute is one for the 
 continuance of which there is no limited 
 time, although it be not expressly declared 
 to be so. 
 
 If a statute which did not itself contain 
 any limitation is to be governed by another 
 which is temporary only, the former will 
 also be temporary and dependent upon the 
 existence of the latter, Bac. Abr. "Statute" 
 (D). 
 
STATUTE 
 
 965 
 
 STATUTORY EXPOSITION 
 
 (9) A temporary statute is one Which 
 is limited In its duration at the time of its 
 enactment. 
 
 It continues in force until the time of its 
 limitation has expired, unless sooner re- 
 pealed. A statute which by reason of its 
 nature, has only a single and temporary 
 operation — e. g., an appropriation bill — 
 is also called a "temporary statute." 
 
 The most ancient English statute extant 
 is Magna Charta. Formerly the statutes 
 enacted after the beginning of the reign of 
 Edw. III. were called Nova Statuta, or new 
 statutes, to distinguish them from the an- 
 cient statutes. The modern English stat- 
 utes are divided into public general acts, 
 local and personal acts declared public, 
 private acts printed, and private acts not 
 printed. In parliamentary practice are 
 adopted other distinctions, resting upon 
 different grounds. 
 
 (10) A remedial statute is one made to 
 supply such defects and abridge such su- 
 perfluities in the common law as may have 
 been discovered. 1 Bl. Comm. 86. 
 
 These remedial statutes are themselves 
 divided into 
 
 (a) "Enlarging" statutes, by which the 
 common law is made more comprehensive 
 and extended than it was before, and into 
 
 (b) "Restraining" statutes, by which it 
 is narrowed down to that which is just 
 and proper. The term "remedial statute" 
 is also applied to those acts which give 
 the party injured a remedy, and in some 
 respects such statutes are penal. Es- 
 pinasse. Pen. Act. 1. 
 
 (11) Public statutes are those which 
 affect the public at large, whether their 
 operation be throughout the state, or in a 
 particular locality. 93 N. C. 600. 
 
 (12) Private statutes are such as affect 
 in a peculiar manner certain persons or 
 classes. 43 N. Y. 10. 
 
 By the civilians, statutes are considered 
 as real, personal, or mixed. 
 
 (1) Mixed statutes are those which con- 
 cern at once both persons and property; 
 but in this sense almost all statutes are 
 mixed, there being scarcely any law rela- 
 tive to persons which does not at the same 
 time relate to things. 
 
 (2) Personal statutes are those which 
 have principally for their object the per- 
 son, and treat 'of property only incidentally. 
 Such are those which regard birth, legiti- 
 macy, freedom, the right of instituting 
 suits, majority as to age, incapacity to con- 
 tract, to make a will, to plead in person, 
 and the like. A personal statute is uni- 
 versal in its operation, and in force every- 
 where. 
 
 (3) Real statutes are those which have 
 principally for their object property, and 
 vfhich do not speak of persons except in 
 relation to property. Story, Confl. Laws, 
 §_ 13. Such are those which concern the 
 disposition which one may make of his 
 property either alive or by testament. A 
 leal statute, unlike a personal one, is con- 
 
 fined in its operation to the country of its 
 origin. 
 
 STATUTE FAIR. In English law. A fair 
 at which laborers of both sexes stood and 
 offered themselves for hire; sometimes 
 called, also, "Mop." 
 
 STATUTE MERCHANT. A security en- 
 entered before the mayor of London, or 
 some chief warden of a city, in pursuance 
 of 13 Edw. I. St. 3, c. 1, whereby the lands 
 of the debtor are conveyed to the creditor 
 till out of the rents and profits of them 
 his debt may be satisfied.' Cruise, Dig. tit. 
 14, § 7; 2 Bl. Comm. 160. 
 
 STATUTE OF ALLEGIANCE DE FACTO. 
 Act 11 Hen. VII. c. 1, requiring subjects to 
 give their allegiance to the actual king for 
 the time being, and protecting them in so 
 doing. 
 
 STATUTE OF DISTRIBUTION. A statute 
 regulating the distribution of the estate of 
 an intestate. 
 
 STATUTE OF ELIZABETH. St. 13 Eliz. 
 e. 5, relating to fraudulent conveyances. 
 
 STATUTE OF FRAUDS. See "Frauds, 
 Statute of." 
 
 STATUTE OF USES. See "Use." 
 
 STATUTE OF WILLS. The statute 32 
 Hen. 'VIII. c. 1, by which the right of testa- 
 mentary disposal of property in lands is 
 created. 2 Bl. Comm. 375. 
 
 STATUTE ROLL. A roll upon which an 
 English statute, after receiving the royal 
 assent, was formerly entered. 
 
 STATUTE STAPLE. The statute of the 
 staple (27 Edw. III. st. 2) confined the sale 
 of all commodities to be exported to certain 
 towns in England, called "estaple" or "sta- 
 ple," where foreigners might resort. It 
 authorized a security for money, commonly 
 called "statute staple," to be taken by trad- 
 ers for the benefit of commerce. The mayor 
 of the place is entitled to take a recogni- 
 zance of a debt in proper form, which has 
 the effect to convey the lands of the debtor 
 to the creditor till out of the rents and 
 profits of them he may be satisfied. 2 Bl. 
 Comm. 160; Cruise, Dig. tit. 14, § 10; 2 RoUe, 
 Abr. 446; Bac. Abr. "Execution" (B 1); 4 
 Inst. 238. 
 
 STATUTI (Lat.) In Roman law. Those 
 advocates whose names were inscribed in 
 the registers of matriculation, and formed 
 a part of the college of advocates. The 
 number of advocates of this class was lim- 
 ited. They were distinguished from the 
 supernumeraries from the time of Constan- 
 tine to Justinian. See Calv. Lex. 
 
 STATUTORY EXPOSITION. When the 
 language of a statute is ambiguous, and 
 any subsequent enactment involves a par- 
 ticular interpretation of the former act, 
 
STATUTORY RELEASE 
 
 STELLONATUS 
 
 it is said to contain a statutory exposition 
 of the former act. 
 
 STATUTORY RELEASE. A conveyance 
 which superseded the old compound assur- 
 ance by lease and release. It was created 
 by St. 4 & 5 Vict. c. 21, which abolished 
 the lease for a year. 
 
 STATUTUM (Lat. statuere, to estab- 
 lish). 
 
 In the Civil Law. Established; deter- 
 mined. A term applied to judicial action. 
 Dig. 50. 16. 46. pr. 
 
 In Old English Law. A statute; an act 
 
 of parliament. Fleta, lib. 2, c. 47, § 10. 
 
 STATUTUM AFFIRMATIVUM NON DE- 
 
 rogat communi legi. An affirmative statute 
 does not take from the common law. Jenk. 
 Cent. Cas. 24. 
 
 STATUTUIM DE MERCATORIBUS. The 
 
 statute of Acton Burnell (g. v.) 
 
 STATUTUM EX GRATIA REGIS DICI- 
 tur, quando rex dignatur cedere de jure suo 
 regie, pro commode et quiete populi sui. A 
 statute is said to be by the grace of the 
 king when the king deigns to yield some 
 portion of his royal rights for the good and 
 quiet of his people. 2 Inst. 378. 
 
 STATUTUM GENERALITER EST IN- 
 telligendum quando verba statuti sunt spe- 
 cialla, ratio autem generalis. When the 
 words of a statute are special, but the rea- 
 son of It general. It is to be understood gen- 
 erally. 10 Coke, 101. 
 
 STATUTUM HIBERNIAE DE COHAE- 
 redibus. St. 14 Hen. III. The third public 
 act in the statute book. It has been pro- 
 nounced not to be a statute. In the form of 
 it, it appears to be an instruction given by 
 the king to his justices in Ireland, directing 
 them how to proceed in a certain point 
 where they entertained doubt. It seems 
 the justices itinerant in that country had 
 a doubt, when land descended to sisters, 
 whether the younger sisters ought to hold 
 of the eldest, and do homage to her for 
 their several portions, or of the chief lord, 
 and do homage to him; and certain knights 
 had been sent over to know what the prac- 
 tice was in England in such a case. 1 
 Reeve, Hist. Eng. Law, 259. 
 
 STATUTUM SESSIONEM. In old Eng- 
 lish law. The statute session; a meeting 
 in every hundred of constables and house- 
 holders, by custom, for the ordering of 
 servants, and debating of differences be- 
 tween masters and servants, rating of 
 wages, etc. 5 Eliz. c. 4. 
 
 STATUTUM SPECIALE STATUTO SPE- 
 
 ciali non derogat. One special statute does 
 not take away from another special stat- 
 ute. Jenk. Cent. Cas. 199. 
 
 STATUTUM WALLIAE (Lat.) The stat- 
 ute of Wales. The title of a statute passed 
 
 in the twelfth year of Edw. I., being a sort 
 of constitution for the principality of , 
 Wales, which was thereby, in a great mea- 
 sure, put on the footing of England with 
 respect to its laws and the administration 
 of justice. 2 Reeve, Hist. Eng. Law, 93-99. 
 
 STAY. The arresting of a judicial pro- 
 ceeding or process. 
 
 STAY LAWS. Laws suspending remedies 
 against debtors. They are adopted during 
 periods of financial distress or depression. 
 There were numerous instances in acts 
 passed by the legislatures of the American 
 states which had been in rebellion against 
 the Union during the few years which en- 
 sued after the war of the rebellion had 
 closed. Adoption of similar measures of re- 
 lief was practiced by a number of govern- 
 ments during the World War. 
 
 STAY OF EXECUTION. An arrest of the 
 issuance of execution process on a judg- 
 ment. It may be by direction of the judg- 
 ment creditor for some cause which he 
 conceives to be to his advantage, or it may 
 be by composition or agreement, or it may 
 be by way of a remedy in favor of the 
 judgment debtor, by which, on the giving 
 of approved security usually, the issue of 
 process is postponed for a time fixed by 
 statute. The statutory stay by giving se- 
 curity is the most commonly observed, and 
 is the one to which the term usually refers. 
 
 STAY OF PROCEEDING. A suspension of 
 proceedings in a cause, either by an order 
 of the court in the cause, or by some pro- 
 ceeding such as (in some states) an appeal 
 which operates ipso facto as a suspension. 
 
 STEALING. This term imports, ex vi ter- 
 mini, nearly the same as larceny (2 G. 
 Greene [Iowa] 311) but In common par- 
 lance it does not always import a felony; 
 as, for example, you stole an acre of my 
 land. 
 
 In slander cases, it seems that the term 
 "stealing" takes its complexion from the 
 subject matter to which it is applied, and 
 will be considered as intended of a feloni- 
 ous stealing, if a felony, could have been 
 committed of such subject matter. Starkie, 
 Sland. & L. 80; 12 Johns. (N. Y.) 239; 3 
 Bin. (Pa.) 546. 
 
 STEALTH. Theft Is so called by Finch. 
 "Stealth is the wrongful taking of goods 
 without pretense of title." Finch, Law, bk. 
 3, e. 17. 
 
 STEELBOW GOODS. Instruments of hus- 
 bandry, cattle, corn, etc., delivered by a 
 landlord to his tenant on condition that the 
 like number of goods of like quality should 
 be returned on expiration of the lease. 
 Bell, Diet.; Stair, Inst. 285, § 81. 
 
 STELLONATUS. In clvU law. A name 
 given generally to all species of frauds com- 
 mitted in making contracts. 
 
STEP-RATE SYSTEM 
 
 967 
 
 STINT 
 
 This word is said to be derived from the 
 Latin stellio, a kind of lizard remarkable 
 for its cunning and the change of its color, 
 because those guilty of frauds used every 
 art and cunning to conceal them. But more 
 particularly it was the crime of a person 
 who fraudulently assigned, sold, or engaged 
 ' the thing which he had before assigned, 
 sold, or engaged to another, unknown to the 
 person with whom he was dealing. Dig. 
 47. 20. 3; Code, 9. 34. 1; Merlin, Repert.; 
 Civ. Code La. art. 2069 ; 1 Brown, Civ. Law, 
 426. 
 
 STEP-RATE SYSTEM. A system of fra- 
 ternal insurance by which the member pays 
 each year or group of years according to 
 the actual cost of the society of the pro- 
 tection furnished him, and thus increases 
 each year or group of years as age in- 
 creases, as distinguished from the level 
 rate by which the member pays more than 
 the actual cost in the earlier years and less 
 than the actual cost in the later years. 
 188 111. App. 273, 274. 
 
 STERBRECHE, or STREBRICH. The 
 breaking, obstructing, or straitening of a 
 way. Termes de la Ley. 
 
 STERE. A French measure of solidity, 
 used in measuring wood. It is a cubic me- 
 ter. See "Measure." 
 
 STERILITY. Barrenness; incapacity to 
 produce a child. It is curable and incur- 
 able. See "Impotence." 
 
 Incapacity of the male to impregnate, or 
 of the female to conceive, when copulation 
 is natural and complete. Keysor, Med. Leg. 
 Manual, 219. 
 
 STERLING. Current money of Great Brit- 
 ain, but anciently a small coin worth about 
 one penny, and so called, as some suppose, 
 because it was stamped with the figure of 
 a small star, or, as others suppose, because 
 it was first stamped in England in the 
 reign of King John by merchants from 
 Germany, called "Esterlings." "Pounds 
 sterling" originally signified so many 
 pounds in weight of these coins. Thus, we 
 find in Matthew Paris, A. D. 1242, the ex- 
 pression, Accepit a rege pro stipendio 
 tredecim libras esterlingoruTn. The sec- 
 ondary or derived sense is a certain value 
 in current money, whether in coins or other 
 currency. Lowndes, 14; Watts. 
 
 STET BILLA. If the plaintiff in a plaint 
 in the mayor's court of London has at- 
 tached property belonging to the defend- 
 ant, and obtained execution against the 
 garnishee, the defendant, if he wishes to 
 contest the plaintiff's claim, and obtain 
 restoration of his property, must issue a 
 scire facias ad disprobandum debitum. If 
 the only question to be tried is the plain- 
 tiff's debt, the plaintiff, in appearing to 
 the scire facias, prays stet billa, "that his 
 bill original," i. e., his original plaint, "may 
 stand, and that the defendant may plead 
 
 thereto." The action then proceeds in the 
 usual way as if the proceedings in attach- 
 ment (which are founded on a fictitious 
 default of the defendant in appearing to 
 the plaint) had not taken place. Brand. 
 For. Attachm. 115, and forms. See "At- 
 tachment." 
 
 STET PROCESSUS (Lat.) In practice. 
 An order made, upon proper cause shown, 
 that the process remain stationary. As, 
 where a defendant, having become insolv- 
 ent, would, by moving judgment in the 
 case of nonsuit, compel a plaintiff to pro- 
 ceed, the court will, on an affidavit of the 
 fact of insolvency, award a stet processus. 
 See 7 Taunt. 180; 1 Chit. Bailm. 738; 10 
 Wentw. PI. 43. 
 
 STEVEDORE. A person employed In load- 
 ing and unloading vessels. He has no mari- 
 time lien on the ship for wages. Dunl. 
 Adm. Prac. 98. 
 
 STEWARD OF ALL ENGLAND. In old 
 
 English law. An o|fficer who was invested 
 with various powers, and, among others, it 
 was his duty to preside on the trial of 
 peers. 
 
 STEWS. In English law. Places formerly 
 permitted in England to women of professed 
 lewdness, and who for hire would prostitute 
 their bodies to all comers. 
 
 These places were so called because the 
 dissolute persons who visited them prepared 
 themselves by bathing, — the word stews be- 
 ing derived from the old French estuves, 
 stove, or hot bath. 3 Inst. 205. 
 
 STIFLING A PROSECUTION. Agreeing, 
 in consideration of receiving a pecuniary or 
 other advantage, to abstain from prosecut- 
 ing a person for an offense not giving rise 
 to a civil remedy, e. g., perjury. As a gen- 
 eral rule, such an agreement invalidates any 
 transaction of which it forms part. 6 Q. B. 
 308; 1 Campb. 45; L. R. 1 H. L. 200. 
 
 STILLICIDIUM (Lat.) In civil law. The 
 rainwater that falls from the roof or eaves 
 of a house by scattered drops. When it is 
 gathered into a spout, it is called flumen. 
 
 Without the constitution of one or other 
 of these servitudes, no proprietor can build 
 so as to throw the rain that falls from his 
 house directly on his neighbor's grounds; 
 for it is a restriction upon all property, 
 nemo potest immittere in alienum; and he 
 who, in building, breaks through that re- 
 straint, truly builds on another man's prop- 
 erty; because to whomsoever the area be- 
 longs, to him also belongs whatever is above 
 it, eujus est solum, ejus est usque ad coelum. 
 3 Surge, Confl. Laws, 405. See "Servitus;" 
 Inst. 3. 2. 1; Dig. 8. 2. 2. 
 
 STINT. The proportionable part of a 
 man's cattle which he may keep upon the 
 common. The general rule is that the com- 
 moner shall not turn more cattle upon the 
 common than are sufficient to manure and 
 
stipendlalRY estates 
 
 968 
 
 STOCK DIVIDENDS 
 
 stock the land to which his right of com- 
 mon is annexed. There may be such a 
 thing as common without stint or number; 
 but this is seldom granted, and a grantee 
 cannot grant it over. 3 Bl. Comm. 239; 1 
 Ld. Raym. 407. 
 
 STIPENDIARY ESTATES. Estates granted 
 in return for services, generally of a mili- 
 tary kind. 1 Steph. Comm. 174. 
 
 STIPENDIARY MAGISTRATES. In Eng- 
 lish law. Paid magistrates. 
 
 STIPULATED DAMAGE. Liquidated dam- 
 age. See "Damages." 
 
 STIPULATip (Lat.) In Roman law. A 
 contract made in the following manner, viz. : 
 The person to whom the promise was to be 
 made proposed a question to him from whom 
 it was to proceed, fully expressing the na- 
 ture and extent of the engagement, and, the 
 question so proposed being answered in the 
 affirmative, the obligation was complete. 
 
 It was essentially necessary that both par- 
 ties should speak (so that a dumb man could 
 not enter into a stipulation) , that the person 
 making the promise should answer conform- 
 ably to the specific question proposed, with- 
 out any material interval of time, and with 
 the intention of contracting an obligation. 
 No consideration was required. 
 
 STIPULATIO AQUILIANA (Lat.) In Ro- 
 man law, a particular application of the 
 stipulatio, which was used to collect to- 
 gether into one verbal contract all the liabil- 
 ities of every kind and quality of the debtor, 
 with a view to their being released or dis- 
 charged by an acceptilatio, that mode of dis- 
 charge being applicable only to the verbal 
 contract. Brown. 
 
 STIPULATION. A material article in an 
 agreement. 
 
 The term appears to have derived its 
 meaning from the use of stipulatio above 
 given; though it is applied more correctly 
 and more conformably to its original mean- 
 ing to denote the insisting upon and requir- 
 ing any particular engagement. 2 Poth. Obi. 
 (Evans Ed.) 19. It is commonly applied to 
 agreements between counsel in respect to 
 matters of proceeding. 
 
 In Admiralty Practice. A recognizance 
 
 of , certain persons (called in the old law 
 fide jussors) in the nature of bail for the 
 appearance of a defendant. 3 Bl. Comm. 
 108. 
 
 These stipulations are of three sorts, 
 namely: Judioatum solvi, by which the 
 party is absolutely bound to pay such sum 
 as nlay be adjudged by the court; de judicio 
 sisti, by which he is bound to appear from 
 time to time during the pendency of the 
 suit, and to abide the sentence; de ratio, or 
 de rata, by which he engages to ratify the 
 acts of his proctor.. This stipulation is not 
 usual in the admiralty courts of the United 
 States. 
 
 The securities are taken in the following 
 manner, namely: Cautio fide jussoria, by 
 sureties; pignoratitia, by deposit; juratoria, 
 by oath, — ^this security is given when the 
 party is too poor to find sureties, at the dis- 
 cretion of the court; nvde promissoria, by 
 bare promise, — this security is unknown in 
 the -admiralty courts of the United States. 
 Hall, Adm. Prac. 12; Dunl. Adm. Prac. 
 150, 151. See 17 Am. Jur. 51. 
 
 STIPULATOR. In the civil law, the party 
 who asked the question in the contract of 
 stipulation; the other party, or he who an- 
 swered, being called the "promissor." But, 
 in a more general sense, the term was ap- 
 plied to both the parties. Calv. Lex. 
 
 STIRPES (Lat.) Descents. The root, 
 stem, or stock of a tree. Figuratively, it 
 signifies in law that person from whom a 
 family is descended, and also the kindred or 
 family. See "Per Stirpes." 2 Bl. Comm. 
 209. 
 
 STOCK. The capital of a merchant or 
 tradesman, including his money, merchan- 
 dise, and credits. See "Capital." The goods 
 and wares he has for sale and traffic. 
 
 Of Corporations. The amount of 
 
 money or property subscribed and paid in, 
 or agreed to be paid in, by the shareholders. 
 It is ordinarily divided into equal shares of 
 a determined value, and apportioned among 
 the stockholders in proportion to the amount 
 which they have paid in, or for which they 
 are liable. 
 
 Distinction has been made between the 
 capital stock, which is an asset of the cor- 
 poration, and the shares of stock, which are 
 the property of the several shareholders. 
 34 Eng. & Am. Corp. Cas. 223. 
 
 STOCK BROKER. See "Brokers." 
 
 STOCK CERTIFICATES. A written 
 acknowledgment by the corporation of the 
 interest of a shareholder in the corporate 
 property and franchises. It expresses the 
 contract between the shareholder and the 
 corporation and his co-shareholders. It is 
 in the nature of an instrument evidencing 
 a chose in action, but, properly speaking, 
 it is not a chose in action. 5 Fletcher Cy- 
 clopedia Corporations 6604. 
 
 STOCK DIVIDENDS. Dividends consist- 
 ing of the issue of certificates of stock. 
 
 There is a clear distinction between a 
 stock dividend and an extraordinary cash 
 dividend, the latter being a disbursement to 
 the stockholder of accumulated earnings, 
 where the corporation at once parts irrev- 
 ocably with all Interest therein, while the 
 former involves no disbursement by the cor- 
 poration, which parts vdth nothing to the 
 stockholder, the latter receiving, not an ac- 
 tual dividend, but certificates of stock whicli 
 evidence in a new proportion his interest 
 in the entire capital, including such as by 
 investment of accumulated profits has been 
 added to the original capital. 205 111. 314. 
 
STOCK EXCHANGE 
 
 969 
 
 STRANDING 
 
 STOCK EXCHANGE. A building or room 
 in which stock brokers meet to transact 
 their business of purchasing or selling 
 stocks. 
 
 An association of stock brokers for the 
 purpose of transacting their business. 
 
 In large cities, the stock business is trans- 
 acted through the medium of the members 
 of the board of brokers. This is an asso- 
 ciation of stock brokers governed by rules 
 and regulations made by themselves, to 
 which all the members are obliged to sub- 
 ject themselves. Admission is procured by 
 ballot, and a member defaulting in his obli- 
 gations forfeits his seat. A regular register 
 of all the transactions is kept by an officer 
 of the association, and questions arising be- 
 tween the members are generally decided by 
 an arbitration committee. The official record 
 of sales is the best evidence of the price of 
 any stock on any particular day. The stocks 
 dealt in at the sessions of the board are 
 those which are placed on the list by a regu- 
 lar vote of the association; and when it is 
 proposed to add a stock to the list, a com- 
 mittee is appointed to examine into the mat- 
 ter, and the board is generally guided by the 
 report of such committee. Sewell, Bankr. 
 
 STOCK JOBBING. A fictitious transac- 
 tion in stocks by way of speculation. Also 
 the title of an act relating to such transac- 
 tion. See "Gambling Contract." 
 
 STOCK SUBSCRIPTION. A contract of 
 subscription to the stock of a corporation by 
 which the subscriber agrees to take a cer- 
 tain number of shares of the capital stock 
 of a corporation, paying for the same, or 
 expressly or impliedly promising to pay for 
 the same. The effect of such a contract, 
 the company being in existence at the time 
 of the subscription, and having accepted 
 the same, and the subscription being uncon- 
 ditional, is to make the subscriber a stock- 
 holder in the corporation, and to bind him 
 to pay for his stock in accordance with the 
 terms of his contract. 2 Fletcher Cyclopedia 
 Corporations 1120. 
 
 STOCKS. In criminal law. A machine, 
 commonly made of wood, with holes in it, 
 in which to confine persons accused of or 
 guilty of crime. 
 
 It was used either to confine unruly of- 
 fenders by way of security, or convicted 
 criminals for punishment. This barbarous 
 punishment has been generally abandoned in 
 the United States. 
 
 STOCKHOLDER. The holder of shares of 
 stock in a corporation or joint-stock com- 
 pany. 
 
 STOP ORDER. 
 
 ' In English Chancery Practice. An 
 
 order to prevent a fund in court from being 
 paid out or otherwise deal with without 
 notice to a claimant. 
 
 In Commercial Usage. An order to 
 
 buy or sell on margins and close out at a 
 set price. See under "Gambling Contract." 
 
 STOPPAGE IN TRANSITU. A resump- 
 tion by the seller of the possession of goods 
 not paid for, while on their way to the 
 vendee, and before he has acquired actual 
 possession, of them. 15 Me. 314. 
 
 For most purposes, the possession of the 
 carrier is considered to be that of the buyer; 
 but by virtue of this right, which is an ex- 
 tension of the right of lien, the vendor may 
 reclaim the possession before they reach the 
 vendee, in case of the insolvency of the lat- 
 ter. 12 Pick. (Mass.) 313; 4 Gray (Mass.) 
 336; 2 Caines (N. Y.) 98; 8 Mees. & W. 
 341. 
 
 To give a right of stoppage in transitu, 
 the sale must have been on credit, but the 
 giving of a note is not payment unless so 
 agreed (13 Me. 103), the buyer must be in- 
 solvent, and such insolvency must have been 
 unknown at the time of the sale (102 N. C. 
 390; 27 Barb. [N. Y.] 663), and the goods 
 must be in transit, i. e., they must not have 
 come into the actual or constructive posses- 
 sion of the buyer (16 Neb. 614; 40 Iowa, 
 627). 
 
 STORES. The victuals and provisions col- 
 lected together for the subsistence of a 
 ship's company; of a camp; or any like 
 body of men. 
 
 Store, as commonly used, is equivalent of 
 the English "shop," when indicating a place 
 where merchandise is sold, but in the broad- 
 er sense it means a place of deposit; a 
 storehouse. 53 Ala. 481; 25 Am. Eep. 643; 
 Ann. Cas. 1913E 1126 note. 
 
 A restaurant and bakery may be carried 
 on in a building insured for use as a store. 
 60 Mich. 425. 
 
 A shop is a place where goods are sold by 
 retail. 15 Gray (Mass.) 197. 
 
 STOUTHRIEFF. In Scotch law. Form- 
 erly this word included in its signification 
 every species of theft accompanied with vio- 
 lence to the person; but of late years it has 
 become the vox signata for forcible and mas- 
 terful depredation within or near the dwell- 
 ing house; while "robbery" has been more 
 particularly applied to violent depredation 
 on the highway or accompanied by house 
 breaking. Alls. Sc. Law, 227. 
 
 STOWAGE. In maritime law. The prop- 
 er arrangement in a ship of the different ar- 
 ticles of which a cargo consists, so that they 
 may not injure each other by friction, or be 
 damaged by the leakage of the ship. 
 
 STRADDLE. A privilege in the holder to 
 demand of the seller at a certain price with- 
 in a certain time certain property, or to 
 require him to take, at the same price with- 
 in the same time, the same property. 83 
 N. Y. 95. See "Gajnbling Contract." 
 
 STRAMINEUS HOMO. A man of straw. 
 
 STRANDING. In maritime law. The run- 
 ning of a ship or other vessel on shore. It 
 is either accidental or voluntary. 
 
STRANGER 
 
 970 
 
 STRIKE 
 
 Accidental stranding takes place where 
 the ship is driven on shore by the winds 
 and waves. 
 
 Voluntary stranding takes place where 
 the ship is run on shore either to preserve 
 her from a worse fate, or for some fraudu- 
 lent purpose. Marsh. Ins. bk. 1, c. 12, § 1. 
 
 In a Marine Insurance, "a touch and go" 
 is not a stranding; in order to constitute a 
 stranding, the ship must be stationary. 1 
 Starkie, 130; 4 M. & S. 503. 
 
 STRANGER. A person born out of the 
 United States; but in this sense the term 
 "alien" is more properly applied until he 
 becomes naturalized. 
 
 A person who is not privy to an act or 
 contract. Example, he who is a stranger to 
 the issue shall not take advantage of the 
 verdict. Brooke, Abr. "Record," pi. 3; Viner, 
 Abr. 1. And see Comyn, Dig. "Abatement" 
 (H 54). 
 
 When a man undertakes to do a thing, 
 and a stranger interrupts him, this is no 
 excuse. Comyn, Dig. "Condition"" (L 14). 
 When a party undertakes that a stranger 
 shall do a certain thing, he becomes liable 
 as soon as the stranger refuses to perform 
 it. Bac. Abr. "Conditions" (Q 4). 
 
 STRATAGEM. A deception, either by 
 words or actions, in times of war, in order 
 to obtain an advantage over an enemy. 
 
 Stratagems, though contrary to morality, 
 have been justified unless they have been 
 accompanied by perfidy, injurious to the 
 rights of humanity, as in the example given 
 by Vattel of an English frigate, which, 
 during a war between France and England, 
 appeared off Calais and made signals of dis- 
 tress in order to allure some vessel to come 
 to its relief, and seized a shallop and its 
 crew who had generously gone out to render 
 it assistance. Vattel, Droit des Gens, liv. 
 3, e. 9, § 178. 
 
 Sometimes stratagems are employed in 
 making contracts. This is unlawful and 
 fraudulent, and avoids the contract. See 
 "Fraud." 
 
 STRATOCRACY. A military government; 
 government by military chiefs of an army. 
 
 STRAW BAIL. Nominal or worthless bail. 
 Professional sureties, so called, it is said, 
 from an ancient custom of such persons of 
 wearing a straw about their clothing, that 
 they might be known to one in search of 
 bail. 
 
 Common bail {q. v.) 
 
 STRAW MEN. Men who used in former 
 days to ply about courts of law, so called 
 from their manner of making known their 
 occupation (i. e., by a straw in one of their 
 shoes), recognized by the name of "straw 
 shoes." An advocate or lawyer who wanted 
 a convenient witness knew by these signs 
 where to find one, and the colloquy between 
 the parties was brief. "Don't you remem- 
 ber?" said the advocate. The party looked 
 
 at the fee, and gave no sign; but the fee 
 increased, and the powers o£ memory 
 increased with it. "To be sure I do." "Then 
 come into court and swear it!" And straw 
 shoes went into court and swore it. Athens 
 abounded in straw shoes. Quart. Rev. xxxiii, 
 344. 
 
 STRAY. See "Bstray." 
 
 STREET. A public thoroughfare or high- 
 way in a city or village. 4 Serg. & R. (Pa.) 
 106; 11 Barb. (N. Y.) 399; 39 111. App, 474. 
 See "Highway." 
 
 STREET RAILROAD. A railroad con- 
 structed on a street for the purpose of con- 
 veying passengers and to accommodate 
 street travel, making frequent stops to take 
 on and let off passengers and without regu- 
 lar stations ; it conforms to the grade of the 
 street and its fundamental purpose is to ac- 
 commodate local street travel. 228 HI. 273. 
 
 STREIGHTEN. In the old books. To 
 narrow or restrict. "The habendum should 
 not streighten the devise." 1 Leon. 58. 
 
 STREPITUS (Law Lat.) In old records. 
 Estrepement or strip ; a species of waste or 
 destruction of property. Spelman. 
 
 STRICT CONSTRUCTION. A rule of ju- 
 dicial interpretation or exposition which fol- 
 lows closely the letter of the statute or in- 
 strument construed disfavoring any exten- 
 sion or relaxation of it by implication, favor, 
 or equity; a close and conservative adher- 
 ence to the literal or textual interpretation. 
 It is not the exact converse of "liberal con- 
 struction," for it does not consist in giving 
 words the narrowest meaning of which they 
 are susceptible. 267 111. 86. 
 
 STRICT FORECLOSURE. See "Foreclo- 
 sure." 
 
 STRICT SETTLEMENT. A settlement of 
 lands to the parent for life, and after his 
 death to his first and other sons in tail, 
 with an interposition of trustees to preserve 
 the contingent remainders. 
 
 STRICTISSIMI JURIS (Lat. the most 
 strict right or law). In general, when a 
 person receives an advantage, as the grant 
 of a license, he is bound to conform strictly 
 to the exercise, of the rights given him by it, 
 and in case of a dispute it will be strictly 
 construed. See 3 Story (U. S.) 159. 
 
 STRICTO JURE (Lat.) In strict law. 1 
 Kent, Comm. 65. 
 
 STRICTUM JUS (Lat.) The rigor of law, 
 strict law, in contradistinction to equity. 
 
 STRIKE. Used as an abbreviated form of 
 "strike out" or "strike off," as a motion "to 
 strike" evidence. 
 
 The combined act or effort of workmen 
 to obtain some concession by stopping work 
 altogether at a preconcerted time, and refus- 
 
STRIKING A DOCKET 
 
 971 
 
 SUB POTESTATE 
 
 ing to continue until the concession is grant- 
 ed. 255 III. 222. 
 
 STRIKING A DOCKET. In English prac- 
 tice. Entering the creditor's affidavit and 
 bond in bankruptcy. 1 Deac. Bankr. 106. 
 
 STRIKING A JURY. In English practice. 
 Where, for nicety of the matter in dispute, 
 or other cause, a special jury is necessary, 
 upon motion and rule granted thereon, the 
 sheriff is to attend the prothonotary or 
 proper officer with the book of freeholders, 
 and to take indifferently forty-eight of the 
 principal freeholders, when the attorneys on 
 each side, being present, are to strike off 
 twelve respectively, and the remaining 
 twenty-four are returned. 3 Bl. Comm. 357. 
 Essentially the same practice prevails in 
 some of the states. 
 
 STRIKING OFF THE ROLL. Disbarment. 
 
 STRONG HAND. The words "with strong 
 hand" imply a degree of criminal force, 
 whereas the words vi et armis ("with force 
 and arms") are" mere formal words in the 
 action of trespass, and the plaintiff is not 
 bound to prove any force. The statutes re- 
 lating to forcible entries use the words "with 
 a strong hand," as describing that degree of 
 force which makes an entry or detainer of 
 lands criminal. See "Forcible Entry or De- 
 tainer." 
 
 STRUCK. In pleading. A word essential 
 in an indictment for murder, when the death 
 arises from any wounding, beating, or bruis- 
 ing. 1 Bulst. 184; 5 Coke, 122; 3 Mod. 202; 
 Cro. Jac. 655; Palmer, 282; 2 Hale, P. C. 
 184, 186, 187} Hawk. P. C. bk. 2, c. 23, 
 i 82; 1 Chit. Grim. Law, *243; 6 Bin. (Pa.) 
 179. 
 
 STRUCK JURY. A special jury obtained 
 by striking. See "Striking a Jury." 
 
 STRUCK OFF. A term applied to a case 
 which the court, having no jurisdiction over, 
 and not being able to give judgment, order 
 to be taken off the record. This is done by 
 an entry to that effect. 
 
 STRUCK OFF, or KNOCKED DOWN. 
 
 Property is understood to be "struck off" or 
 "knocked down" when the auctioneer, by the 
 fall of his hammer, or by any other audible 
 or visible announcement, signifies to the 
 bidder that he is entitled to the property on 
 paying the amount of his bid, according to 
 the terms of the sale. 7 Hill (N. Y.) 431, 
 439. 
 
 STRUMPET. A harlot, or courtesan. The 
 word was formerly used as an addition. 
 Jacob. 
 
 STUFF GOWN. The robe of barristers 
 who have not been made queen's or king's 
 counsel. See "Silk Gown." 
 
 STULTIFY (Lat. stidtus, stupid). To 
 make one out mentally incapacitated for the 
 performance of an act. 
 
 It has been laid down by old authorities 
 (Litt. § 405; 4 Coke, 122; Cro. Eliz. 898) 
 that no man should be allowed to stultify 
 himself, i. e., plead disability through men- 
 tal unsoundness. This maxim was soon 
 doubted as law (1 Hagg. Ecc. 414; 2 Bl. 
 Comm. 292), and has been completely over- 
 turned (4 Kent, Comm. 451). 
 
 STULTILOQUIUM. In old English law. 
 Vicious or disorderly pleading, for which a 
 fine was imposed by King John, supposed 
 to be the origin of the fines for beaupleader 
 (g. V.) Crabb, Hist. Eng. Law, 135. 
 
 STUMPTAIL. Depreciated currency. 35 
 111. 163. 
 
 STUPIDITY. In medical jurisprudence. 
 That state of the mind which cannot per- 
 ceive and embrace the data presented to it 
 by the senses, and therefore the stupid_ per- 
 son can, in general, form no correct judg- 
 ment. It is a want of the perceptive pow- 
 ers. Ray, Med. Jur. c, 3, § 40, See "Im- 
 becility." 
 
 STUPRUM (Lat.) In Roman law. The 
 criminal sexual intercourse which took place 
 between a man and a single woman, maid, 
 or widow, who before lived honestly. Inst. 
 4. 18. 4; Dig. 48. 5. 6; Id. 50. 16. 101; 1 
 Bouv. Inst. Theolo. ps. 3, quaest. 2, art. 2, 
 p. 252, 
 
 STYLE, As a verb, to call, name, or en- 
 title one; as a noun, the title or appellation 
 of a person. 
 
 The names in which a cause is entitled. 
 
 SUA SPONTE (Lat.) Of his or its own 
 motion, 
 
 SUAPTE NATURA (Lat.) In its own na- 
 ture, Suapte natura sterUis, barren in its 
 own nature and quality; intrinsically bar- 
 ren. 5 Maule & S. 170. 
 
 SUB (Lat.) Under; upon. 
 
 SUB CONDITIONE. Upon condition; un- 
 der condition. 
 
 SUB DISJUNCTIONS (Law Lat.) In the 
 alternative. Fleta, lib. 2, c, 60, § 21. 
 
 SUB JUDICE (Lat.) Under or before a 
 judge or court; under judicial consideration; 
 undetermined. 12 Bast, 409. 
 
 SUB MODO (Lat.) Under a qualification. 
 A legacy may be given sub modo, that is, 
 subject to a condition or qualification. 
 
 SUB PEDE SIGILLI (Lat.) Under the 
 foot of the seal; under seal. This expres- 
 sion is used when it is required that a rec- 
 ord should be certified under the seal of the 
 court. 
 
 SUB POTESTATE (Lat.) Under or sub- 
 ject to the power of another; as, a wife is 
 under the power of her husband; a child is 
 subject to that of his father ; a slave to that 
 of his master. 
 
SUB SALVO ET SECURO 
 
 972 
 
 SUBLEASE 
 
 SUB SALVO ET SECURO CONDUCTU. 
 Under safe and secure conduct. 1 Strange, 
 430. Words in the old writ of habeas cor- 
 pus. 
 
 SUB SILENTIO (Lat.) Under silence; 
 without any notice being taken. Sometimes 
 passing a thing sub silentio is evidence of 
 consent, 
 
 SUBSPE RECONCILIATIONIS (Lat.) Un- 
 der the hope of reconcilement. 2 Kent, 
 Comm. 127. 
 
 SUB SUO PERICULO (Law Lat.) At his 
 own risk. Fleta, lib. 2, c. 5, § 5. 
 
 SUBAGENT. A person appointed by an 
 agent to perform some duty, or the whole of 
 the business relating to his agency. See 
 "Agent." 
 
 SUB-BALLIVUS (Law Lat.) In old Eng- 
 lish law. An under bailiff; a sheriff's deputy. 
 Fleta, lib. 2, c. 68, § 2. 
 
 SUBCONTRACT. A contract by one who 
 has contracted for the performance of labor 
 or service with a third party for the whole 
 or part performance of that labor or service. 
 9 Mees. & W. 710; 3 Gray (Mass.) 362'; 17 
 Wend. (N. Y.) 550; 22 Wend. (N. Y.) 395; 
 1 E. D. Smith (N. Y.) 716; 2 E. D. Smith 
 (N. Y.) 558. See 'Contract." 
 
 SUBDELEGARE (Law Lat.) In old Eng- 
 lish law. To sub-delegate; to appoint a dele- 
 gate of a delegate; to delegate power al- 
 ready delegated. 
 
 SUBDITUS (Lat.) In old English law. A 
 vassal; a dependent; any one under the 
 power of another. Spelman; Bracton, fol. 
 412. 
 
 SUBDIVIDE. To divide a part of a thing 
 which has already been divided. For ex- 
 ample, when a person dies leaving children, 
 and grandchildren, the children of one of 
 his own who is dead, his property is divided 
 into as many shares as he had children, in- 
 cluding the deceased, and the share of the 
 deceased is subdivided into as many shares 
 as he had children. 
 
 SUBDUCT. In English probate practice, 
 to subduct a caveat is to withdraw it. 
 
 SUBHASTARE (Lat.) In the civil law. 
 To sell at public auction, which was done 
 sub hastn, under a spear; to put or sell un- 
 der the spear. Calv. Lex. 
 
 SUBHASTATIO (Lat.) In the civil law. A 
 
 sale by public auction, which was done 
 under a spear, fixed up at the place of sale 
 as a public sign of it. Calv. Lex. The Ro- 
 man custom of setting up a spear at an 
 auction seems to have been derived from the 
 circumstance that at first only those things 
 which were taken in war were sold in that 
 manner. Adams. Rom. Ant. 59. 
 
 SUBINFEUDATION. The act of an In- 
 ferior lord by which "he carved out a part 
 of an estate which he held of a superior, 
 and granted it to an inferior tenant to be 
 held of himself. 
 
 It was an indirect mode of transferring 
 the fief, and resorted to as an artifice to 
 elude the feudal restraint upon alienation. 
 This was forbidden by the statute of Quia 
 Emptores. 18 Edw. I.; 2 Bl. Comm. 91; 3 
 Kent, Comm. 406. 
 
 SUBJACENT SUPPORT. An easement of 
 support of the soil as against an adjoining 
 tract of land, so that the dominant tract 
 shall not fall in by reason of undermining 
 or withdrawal of support from beneath. 
 Tiedeman, Real Prop. § 618; 66 Pa. St. 429. 
 
 SUBJECT. 
 
 In Scotch Law. The thing which Is 
 
 the object of an agreement. 
 
 In Governmental Law. An individual 
 
 member of a nation, who is subject to the 
 laws. This term is used in contradistinction 
 to "citizen," which is applied to the same 
 individual when considering his political 
 rights. 
 
 In monarchical governments, by "subject" 
 is meant one who owes permanent allegiance 
 to the monarch. See "Body Politic;" Greenl. 
 Ev. § 286; Phil. Ev. 732, note 1. 
 
 SUBJECT MATTER. The right which one 
 party claims as against the other, and 
 claims the judgment of the court upon. 41 
 Mich. 93. The cause of action. 15 N. Y. 
 509. 
 
 SUBJECTION (Lat. sub, under, jado, to 
 put, throw) . The obligation of one or more 
 persons to act at the discretion or accord- 
 ing to the judgment and will of others. Pri- 
 vate subjection is subjection to the authority 
 of private persons. Public subjection is sub- 
 jection to the authority of public persons. 
 
 SUBLATA CAUSA TOLLITUR EFFEC- 
 
 tus. Remove the cause and the effect will 
 cease. 2 Bl. Comm. 203, 
 
 SUBLATA VENERATIONE MAGISTRA- 
 tuum, respublica rult. The commonwealth 
 perishes, if respect for magistrates be taken 
 away. Jenk. Cent. Cas. 48. 
 
 SUBLATO FUNDAMENTO CADIT OPUS. 
 Remove the foundation, the structure or 
 work falls. Jenk. Cent. Cas. 106. 
 
 SUBLATO PRINCIPALI TOLLITUR AD- 
 
 junctum. If the principal be taken away, 
 the adjunct is also taken away. Co. Litt. 
 389. 
 
 SUBLEASE. A lease by a tenant to an- 
 other person of a part of the premises held 
 by him, or a part of his term; an under 
 lease. If the whole preinises be let by the 
 tenant for his entire term, so that there is 
 no reversion in him, it is not a subletting, 
 but an assignment of his lease. 
 
SUBMERGENCE 
 
 973 
 
 SUBROGATION 
 
 SUBMERGENCE, Tbs sudden disappear- 
 ance of riparian lands under the water, 
 whereby they are lost to the owner. See 
 lOON.Y. 424. 
 
 SUBMISSION (Lat. submissio, — sub, un- 
 der, mittere, to put, — a putting under). 
 Used of persons or things. A putting one's 
 person or property under the control of an- 
 other; a yielding to authority. A citizen is 
 bound to submit to the laws, a child to his 
 parents, a guardian to his ward. A victor 
 may enforce the submission of his enemy. 
 
 In Trial Practice. The leaving of a 
 
 cause with the court or jury for decision. 
 
 To Arbitration. An agreement by 
 
 which parties submit a matter of difference 
 to the decision of one or more arbitrators. 
 4 N. Y. 157. 
 
 -J — To Court. This, usually kno.wn as 
 "submission of controversy," is the submis- 
 sion of an agreed statement of facts to the 
 court, without trial of the issues, for a de- 
 cision thereon. 
 
 SUBNERVARE. To hamstring by cutting 
 the sinews of the legs and thighs. 
 
 It was an old custom meretrices et impudi- 
 eas muMeres subnervare, Wharton. 
 
 SUBNOTATIONS (Lat.) In civil law. The 
 answers of the prince to questions which 
 had been put to him respecting some ob- 
 scure or doubtful point of law. See "Re- 
 script." 
 
 SUBORN (Lat. subornare, from sub, un- 
 der, and omare, to prepare). In criminal 
 law. To procure another to commit perjury. 
 Steph. Crim. Law, 74. Liteirally, to instruct 
 one privily, or in an underhanded manner, 
 what to say; to prepare secretly, or under- 
 hand; to procure unlawfully. Sayer, 292. 
 Subornare est quasi subtus in aure ipsum 
 male omare, to suborn is to instruct one 
 privily, as by whispering in his ear, with a 
 bad design. 3 Inst. 167. 
 
 SUBORNATION OF PERJURY. In crim- 
 inal law. The procuring another to commit 
 legal perjury, who, in consequence of the 
 persuasion, takes tlie oath to which he has 
 been incited. Hawk. P. C. bk. 1, c. 69, § 10. 
 
 SUBPOENA (Lat. sub, under, poena, pen- 
 alty). 
 
 In Practice. A process to cause a wit- 
 ness to appear and give testimony, com- 
 manding him to lay aside all pretenses and 
 excuses, and appear before a court or magis- 
 trate therein named, at a time therein men- 
 tioned, to testify for the party named, under 
 a penalty therein mentioned. This is called 
 distinctively a subpoena ad testificandum. 
 
 A subpoena duces tecum is one whereby 
 the witness is commanded to bring with him 
 books or papers in his possession or under 
 his control, to produce the same in evidence. 
 
 In Chancery Practice. A mandatory 
 
 writ or process directed to and requiring one 
 or more persons to appear at a time to come 
 and answer tfie matters charged against him 
 or them. The writ of subpoena was origi- 
 
 nally a process in the courts of common law 
 to enforce the attendance of a witness to 
 give evidence; but this writ was used in the 
 court of chancery for the same purpose as a 
 citation in the courts of civil and canon law, 
 to compel the appearance of a defendant, 
 and to oblige him to answer upon oath the 
 allegations of the plaintiff. 
 
 It was invented by John Waltham, bishop 
 of Salisbury, and chancellor to Richard II., 
 under the authority of the statutes of West- 
 minster II. and 13 Edw. I. c. 34, which en- 
 abled him to devise new writs. Cruise, Dig. 
 tit. 11, c. 1, §§ 12-17. See Viner, Abr.; 1 
 Swanst. 209. 
 
 SUBREPTIO (Lat.) In civil law. Obtain- 
 ing gifts to escheat, etc., froni the king by 
 concealing the truth. Bell, Diet. ; Calv. Lex. 
 "Subripere." 
 
 SUBREPTION. In French law. The fraud 
 committed to obtain a pardon, title, or 
 grant, by alleging facts contrary to truth. 
 
 SUBROGATIO EST TRANSFUSIO UNIUS 
 credi'toris in alium, eadem vel mitiori condi- 
 tione. Subrogation is the substituting one 
 creditor in the place of another on the same 
 or a better condition. Merlin, Quest, de 
 Droit. "Subrogation." 
 
 SUBROGATION. The substitution of an- 
 other person in the place of a claimant, to 
 whose rights he succeeds in relation to the 
 claim. That change which puts another per- 
 son in the place of the creditor, and which 
 makes the right, the mortgage, or the se- 
 curity which the creditor has, pass to the 
 person who is subrogated to him, — that is to 
 say, who enters into his right. Domat, Civ. 
 Law, pt. i. lib. iii. tit. i. § vi. 
 
 It is a legal fiction by force of which an 
 obligation extinguished by payment made 
 by a third party is considered as continuing 
 to subsist for the benefit of this third per- 
 son, who makes but one and the same per- 
 son with the creditor in the view of the 
 law. Subrogation is the act of putting one 
 thing in place of another, or one person in 
 place of another. Guyot, Rep. Univ. "Sub- 
 rogation," § ii. 
 
 Subrogation gives to the substitute all the 
 rights of the party for whom he is substi- 
 tuted. 4 Md. Ch. 253. Among the earlier 
 civil-law writers, the term seems to have 
 been used sjmonymously with "substitu- 
 tion;" or, rather, "substitution" included 
 "subrogation," as well as its present more 
 limited signification. See Domat, Civ. Law, 
 passim; Poth. Obi. passim. The term "sub- 
 stitution" is now almost altogether confined 
 to the law of devises and chancery practice. 
 See "Substitution." 
 
 The word "subrogation" is originally 
 found only in the civil law, and has been 
 adopted, with the doctrine itself, thence into 
 equity. It is an equitable doctrine (3 Ired. 
 Eq. [N. C] 386), but in the law, as distin- 
 guished from equity, it hardly appears as a 
 term, except perhaps in those states where, 
 as in Pennsylvania, equity is administered 
 
SUBROGATION 
 
 974 
 
 SUBSCRIBING WITNESS 
 
 through the forms of law, and those where 
 the' distinction between legal and equitable 
 remedies has been abolished. There the 
 term "subrogation," adopted from the Ro- 
 man law, has of late years come into quite 
 general use. 6 Pa. St. 504. The equitable 
 doctrine of marshalling assets is plainly de- 
 rived from the Roman law of subrogation or 
 substitution; and although the word is, or, 
 rather, has been, used sparingly in the com- 
 mon law, many of the doctrines of subroga- 
 tion are familiar to the courts of common 
 law. 
 
 Subrogation differs from cession in this, 
 that while cession only substitutes the one 
 to whom the debt is ceded in place of the 
 ceder, in subrogation the debt would have 
 become extinguished but for the effect of 
 th.e subrogation; and also because, although 
 subrogation supposes a change in the person 
 of the creditor, it does not imply novation; 
 but, through the fiction of the law, the party 
 who is subrogated is considered as making 
 only one and the same person with the cred- 
 itor, whom he succeeds. Masse, Dr. Comm. 
 "Payment in Subrogation." 
 
 It is one thing to decide that a surety is 
 entitled, on payment, to have an assignment 
 of the debt, and quite another to decide that 
 he is entitled to be subrogated or substituted 
 as to the equities and securities to the place 
 of the creditor, as against the debtor and 
 his cosureties. Story, Eq. Jur. § 493, note; 
 2 McLean (U. S.) 451; 1 Dev. (N. C.) 137. 
 
 The legal subrogation of the civilians is 
 generally intended by the term "subroga- 
 tion." Some original interest is essential 
 to entitle one to subrogation. Thus, a surety 
 paying the debt is subrogated to the rights 
 of the creditor against the principal (23 
 Minn. 74; 28 N. Y. 271), and the holder of 
 a lien who pays a prior lien is subrogated to 
 the rights of the lienholder whom he pays 
 (2 Allen [Mass.] Ill) ; but a mere stranger 
 or volunteer paying a debt has no right to 
 subrogation (93 N. Y. 235; 76 Va. 262). 
 
 In the Civil Law. Subrogation of per- 
 sons is of three sorts: 
 
 First, the canonists understand by subro- 
 gation the succession of a priest to the 
 rights of action of the occupant of a bene- 
 fice who has died during a suit. Guyot, Rep. 
 Univ. "Subrogation of Persons," § i. 
 
 Second, the second sort arose from a local 
 custom of the Bourbonnais, and had for its 
 object the protection of the debtor from the 
 effects of collusion on the part of the at- 
 taching creditor. 
 
 Third, subrogation in' fact to aliens and 
 pledgees, which is only the change of one 
 creditor for another. See Guyot, ut supra, 
 and, also. Masse Dr. Comm. 
 
 Nearly all the instances in which the com- 
 mon law has adopted the doctrines of sub- 
 rogation have arisen under this latter class. 
 
 Subrogation is either legal or conven- 
 tional. 
 
 Legal subrogation is that resulting by 
 operation of law from the satisfying of a 
 claim as to which the person making pay- 
 
 ment has some original privilege. 14 Cal. 
 565. 
 
 Conventional subrogation reetilts as its 
 name indicates, from the agreement of the 
 parties, and can take effect only by agree- 
 ment. This agreement is, of course, with 
 the party to be subrogated, and may be 
 either by the debtor or creditor. Civ. Code 
 La. 1249. 
 
 Thus, it may happen when the creditor re- 
 ceiving payment from the third person sub- 
 rogates the payor to his right against the 
 debtor. This must happen by express agree- 
 ment; but no formal words are required. 
 This sort of subrogation only takes place 
 where there is a payment of the debt by a 
 third party, — not where there is an assign- 
 ment, in which case, subrogation results 
 from the assignment. 
 
 This principle is recognized by the com- 
 mon law in cases where, upon payment, the 
 securities are transferred to a party having 
 an interest in the payment. Or, in case the 
 debtor borrows money from a third party to 
 pay a debt, he may subrogate the lender to 
 the rights of the creditor ; for by this change 
 the rights of the other creditors are not in- 
 juriously affected. To make this mode of 
 subrogation valid, the borrowing and dis- 
 charge must take place before a notary. In 
 the borrowing, it must be declared that the 
 money has been borrowed to make payment, 
 and in the discharge, that it has been made 
 with money furnished by the creditor. 
 Masse, Dr. Comm. lib. 5, tit. 1, c. 5, §§ 1, 2. 
 
 SUBROGEE. A person who is subrogated; 
 one who succeeds to the rights of another 
 by subrogation. 
 
 SUBROGUER, Surroguer. L. Pr. To 
 make a deputy or surrogate; to substitute. 
 Kelham. 
 
 SUBSCRIBE. To write under, 54 L. J. Q. 
 B. 213; 14 Q. B. D. 667; to give assent to; 
 to attest; 24 L. J. Q. B. 171; 4 E. & B. 450; 
 placing a signature at the end of an instru- 
 ment, 4 Colo. 282. 
 
 While the idea of a written signature is 
 involved, yet by common usage it is often 
 employed to include an agreement, written 
 or oral, to some purpose for the promotion 
 of which numerous persons are uniting their 
 means and effort. 143 Iowa 13, 19; 136 Am. 
 St. Rep. 731n. See "Sign; Signature; Sub- 
 scription." 
 
 SUBSCRIBING WITNESS. One who sub- 
 scribes his name to a writing in order to be 
 able at a future time to prove its due execu- 
 tion; an attesting witness. 
 
 In order to make a good subscribing wit- 
 ness, it is requisite he should sign his name 
 to the instrument himself, at the time of its 
 execution, and at the request or with the as- 
 sent of the party. 6 Hill (N. Y.) 303; 11 
 Mees. & W. 168; 1 Greenl. Ev. (4th Ed.) 
 § 569a; 5 Watts (Pa.) 399. 
 
SUBSCRIPTIO 
 
 975 
 
 SUBSTITUTES 
 
 SUBSCRIPTIO (Lat. from subscribere). 
 In the civil law. A writing under, or un- 
 derwriting; a writing of the name under 
 or at the bottom of an instrument by way 
 of attestation or ratification; subscription. 
 The subseriptio testium (subscription of wit- 
 nesses) was one of the formalities in the 
 execution of wills, being required by the 
 imperial constitutions in addition to the 
 seals of the witnesses. Inst. 2. 10. 3. 
 
 That kind of imperial constitution which 
 was granted in answer to the prayer of a 
 petitioner who was present. Calv. Lex. 
 
 SUBSCRIPTION (Lat. sub, under, scribo, 
 to write). The placing a signature at the 
 bottom of a written or printed engagement, 
 or it is the attestation of a witness by so 
 writing his name; but it has been holden 
 that the attestation of an illiterate witness 
 by making his mark is a sufficient subscrip- 
 tion. 7 Bing. 457; 2 Ves. Sr. 454; 1 Atk. 
 177; 1 Ves. Jr. 11; 3 P. Wms. 253; 1 Ves. 
 & B. 392. 
 
 "Subscribe," according to both its popular 
 and literal signification, requires a signature 
 at the end of a document. 4 Colo. 282. See 
 "Signature; Subscribe." 
 
 The act by which a person contracts, in 
 writing, to furnish a sum of money for a 
 particular purpose; as, a subscription to 
 a charitable institution, a subscription lor 
 a book, for a newspaper, and the like. 
 
 SUBSCRIPTION LIST. A list of sub- 
 scribers to some agreement with each other 
 or a third person. 
 
 SUBSELLIA (Lat. from sub, under, and 
 sella, a seat). In the Roman law. Lower 
 seats or benches, occupied by the judices 
 (judges or jurors), and by inferior magis- 
 trates when they sat in judgment, as dis- 
 tinguished from the tribunal of the praetor. 
 Calv. Lex.; Budaeus. 
 
 SUBSEQUENS MATRIMONIUM TOLLIT 
 peccatum praecedens. A subsequent mar- 
 riage (of the parties) removes a previous 
 fault, i. e., previous illicit intercourse, and 
 legitimates the offspring. A rule of Roman 
 law. 
 
 SUBSIDY. A legislative grant of money 
 in aid of a private enterprise deemed to pro- 
 mote the public welfare. 
 
 In English Law. An aid, tax, or trib- 
 ute granted by parliament to the king for 
 the urgent occasions of the kingdom, to be 
 levied on every subject of ability, accord- 
 ing to the value of his lands or goods. Jacob. 
 
 In International Law. The assistance 
 
 given in money by one nation to another to 
 enable it the better to carry on a war, when 
 such nation does not join directly in the 
 war. Vattel, liv. 3, § 82. See "Neutrality." 
 
 SUBSIGNARE (Lat. from sub, under, and 
 Bignwre, to seal or sign) . In the civil law. 
 To undersign; to subscribe. According to 
 Uie strict etymology, to seal under, or seal. 
 But the word is said, in the Digests, to have 
 
 been used among the ancient Romans in the 
 sense of "writing." Subsignatum dicitur 
 quodab aliquo subscriptum est, nam veteres 
 subsignationis verba pro adscriptione uti 
 solebant, that is said to be undersigned 
 which is underwritten by any one, for the 
 ancients were accustomed to use the word 
 subsignatio for adscriptio. Dig. 50. 16. 39. 
 Some copies of the Digests have subscrip- 
 tione in place of adscriptione. 
 
 SUBSTANCE (Lat. suh, under, stare, to 
 stand) . That which is essential. It is used 
 in opposition to form. 
 
 It is a general rule that on any issue it is 
 sufficient to prove the substance of the is- 
 sue. For example, in a case where the de- 
 fendant pleaded payment of the principal 
 sum and all interest due, and it appeared in 
 evidence that a gross sum was paid, not 
 amounting to the full interest, but accepted 
 by the plaintiff as full payment, the proof 
 was held to be sufficient. 2 Strange, 690; 1 
 Phil. Ev. 161. 
 
 It is also used in the sense of "property." 
 Cowp. 307. 
 
 SUBSTANTIVE LAW. That portion of 
 the body of the law which contains the 
 rights and duties and the regulations of 
 government, as opposed to that part which 
 contains the rules and remedies by which 
 the substantive law is administered. The 
 latter is called, in opposition to "substantive 
 law," the "adjective law," or the "remedial 
 law." The exact boundary between the two 
 is difficult of definition, and has been the 
 cause of much learned discussion. 
 
 SUBSTITUTE (Lat. substitutus) . One 
 placed under another to transact business 
 for him. In letters of attorney, power is 
 generally given to the attorney to nominate 
 and appoint a substitute. 
 
 Without such power, the authority given 
 to one person cannot, in general, be dele- 
 gated to another, because it is a personal 
 trust and confidence, and is not, therefore, 
 transmissible. The authority is given to 
 him to exercise his judgment and discretion, 
 and it cannot be said that the trust and con- 
 fidence reposed in him shall be exercised at 
 the discretion of another. 2 Atk. 88 ; 2 Ves. 
 Jr. 645. But an authority may be delegated 
 to another when the attorney has express 
 power to do so. Bunb. 166; T. Jones, 110. 
 See Story, Ag. i§ 13, 14. When a man is 
 drawn into the militia, he may in some cases 
 hire a substitute. 
 
 SUBSTITUTED SERVICE. See "Service." 
 
 SUBSTITUTES. In Scotch law. Where 
 an estate is settled on a long series of heirs, 
 substituted one after another, in tailzie, the 
 person first called in the tailzies is the in- 
 stitute; the rest the heirs of tailzie, or the 
 substitutes, Ersk. Inst. 3. 8. 8. See "Tail- 
 zie." 
 
SUBSTITUTIO 
 
 976 
 
 SUCCESSION 
 
 SUBSTITUTIO {Tjat. iraxa mbatituere, to 
 substitute) . A putting of one person in the 
 place of another. 
 
 In the Civil Law. The appointment 
 
 of one person as heir in place of another, 
 in the event of the first not taking the in- 
 heritance. As, si ille haeres non erit, ille 
 haeres esto, if such a one will not be heir, 
 let such a one be heir. Inst. 2. 15. pr. And 
 a testator might appoint one heir after an- 
 other in this way, to what extent he pleased 
 (m quantum velit testator substituere po- 
 test) , which was called making several 
 grades of heirs (plures gradus haeredum), 
 the person last named, without further al- 
 ternative, being termed "necessary heir" 
 (necessarius haeres), or heir at all events. 
 Id. 
 
 SUBSTITUTIO HAEREDIS (Lat.) In Ro- 
 man law, it was competent for a testator, 
 after instituting a haeres (called the 
 "haeres institutus") , to substitute another 
 (called the "haeres substitutus") in his 
 place in a certain event. If the event upon 
 which the substitution was to take effect 
 was the refusal of the instituted heir to ac- 
 cept the inheritance at all, then the substi- 
 tution was called "vulgaris" (or common) ; 
 but if the event was the death of the infant 
 (pupillus) after acceptance, and before at- 
 taining his majority (of fourteen years if 
 a male, and of twelve years if a female) , 
 then the substitution was called "pupilUms" 
 (or for minors). Brown. 
 
 SUBSTITUTION (Lat. substitutio) . In 
 civil law. The putting of one person in the 
 place of another, so that he may, in default 
 of ability in the former, or after him, have 
 the benefit of a devise or legacy. 
 
 Direct substitution is merely the institu- 
 tion of a second legatee in case the first 
 should be either incapable or unwilling to 
 accept the legacy; for example, if a testator 
 should give to A. his estate, but provides 
 that, in case he cannot legally receive it, or 
 he willfully refuses it, it shall go to B. 
 
 Fidei commissary substitution is that 
 which takes place when the person substi- 
 tuted is not to receive the legacy until after 
 the first legatee, and, consequently, must re- 
 ceive the thing bequeathed from the hands 
 of the latter ; for example, I institute A. my 
 heir, and I request that at his death he shall 
 deliver my succession to B. Merlin, Repert.; 
 5 Toullier, Dr. Civ. 14. See "Subrogation." 
 
 SUBSTITUTIONAL, or SUBSTITUTION- 
 ary. Where a will contains a gift of prop- 
 erty to a class of persons, with a clause pro- 
 viding that, on the death of a member of the 
 class before the period of distribution, his 
 share is to go to his issue, if any, so as to 
 substitute them for him, the gift to the issue 
 is said to be substitutional or substitution- 
 ary. A bequest to such of the children of A, 
 as shall be living at the testator's death, 
 with a direction that the issue of such as 
 shall have died shall take the shares which 
 
 their parents would have taken, if living at 
 the testator's death, is an example. Under 
 such a gift, the issue of children dead at the 
 date of the will cannot take anything. 2 
 Jarm. Wills, 771 et seq. 
 
 SUBSTITUTIONARY EXECUTOR. A per- 
 son nominated by the testator to be execu- 
 tor in the event that the person primarily 
 nominated shall fail to qualify or cease to 
 act. 
 
 SUBTENANT. An under tenant. 
 
 SUBTRACTION (Lat. sub, away, traho, 
 to draw). The act of withholding or de- 
 taining anything unlawfully. , 
 
 In French law. The act of taking some- 
 thing fraudulently. It is generally applied 
 to the taking of the goods of the estate of 
 a deceased person fraudulently. See "Ex- 
 pilation." 
 
 SUBTRACTION OF CONJUGAL RIGHTS. 
 
 The act of a husband or wife living sepa- 
 rately from the other without a lawful 
 cause. 3 Bl. Comm. 94. 
 
 SUBVASSORES (Law Lat.) In old Scotch 
 law. Base holders; inferior holders; they 
 who held their lands of knights. Skene de 
 Verb. Sign. 
 
 SUCCESSIO (Lat.) In the civil law. A 
 coming in place of another, on his decease; 
 a coming into the estate which a deceased 
 person had at the time of his death. This 
 was either by virtue of an express appoint- 
 ment of the deceased person by his will {ex 
 testamento), or by the general appointment 
 of law in case of intestacy {ab intestato). 
 Inst. 2. 9. 7; Heinec. Elem. Jur. Civ. lib. 2, 
 tit. 10; Id. lib. 3, tit. 13. 
 
 SUCCESSION. 
 
 In Louisiana. The right and trans- 
 mission of the rights and obligations of the 
 deceased to his heirs. The estate, rights, 
 and charges which a person leaves after his 
 death, whether the property exceed the 
 charges, or the charges exceed the property, 
 or whether he has left only charges without 
 property. The succession not only includes 
 the rights and obligations of the deceased 
 as they exist at the time of his death, but 
 all that has accrued thereto since the open- 
 ing of the succession, as also of the new 
 charges to which it becomes subject. That 
 right by which the heir can take possession 
 of the estate of the deceased, such as it may 
 be. 
 
 (1) Irregular succession is that which is 
 established by law in favor of certain per- 
 sons, or of the estate in default of heirs, 
 either legal or instituted by testament. 
 
 (2) Legal succession is that which is 
 established in favor of the nearest relations 
 of the deceased. 
 
 ^8) Testamentary succession is that 
 which results from the constitution of the 
 heir, contained in a testament executed in 
 the form prescribed by law. See "Heir;" 
 
SUCCESSION TAXES 
 
 977 
 
 SUGGESTION 
 
 "Descent;" Poth. des Success.; TouUier, Dr. 
 Civ. lib. 3, tit. 1. 
 
 ——In Common Law. The mode by which 
 one set of persons, members of a corpora- 
 tion aggregate, acquire the rights of another 
 set which preceded them. This term in 
 Strictness is to be applied only to such cor- 
 porations. 2 Bl. jComm. 430. 
 
 _— In Stirpes. The lineal descendants, 
 infinitum, of any person deceased, shall 
 represent their ancestor who stand in the 
 same place as the person himself would 
 have done had he been living. These rep- 
 resentatives take neither more nor less, but 
 just so much as their principals would have 
 done. 114 111. 605. See "Per Stirpes; 
 Stirpes." 
 
 SUCCESSION TAXES. Taxes levied on 
 the sucessions due or inheritance of a de- 
 cedent's estate. They are variously called 
 "inheritance taxes," "collateral inheritance 
 taxes," "transfer taxes," and perhaps other 
 names. The local statutes imposing them 
 determine the modes for their collection, 
 and the persons or properties liable. 
 
 SUCCESSOR. One who follows or comes 
 into the place of another. 
 
 This term is applied more particularly to 
 a sole corporation, or to any corporation. 
 -The word "heir" is more correctly appli- 
 cable to a common person who takes an 
 estate by descent. 12 Pick. (Mass.) 322; 
 Co. Litt. 8b. 
 
 A person who has been appointed or 
 elected to some office after another person. 
 
 SUCCURRITUR MIN0R1; FACILIS EST 
 lapsus juventutis. A minor is to be aided; 
 youth is liable to err. Jenk. Cent. Gas. 47. 
 
 SUCH. The word such is descriptive, and 
 is a relative word, and as such must be 
 referred to the last antecedent, unless the 
 meaning of the sentence would thereby be 
 impaired. 190 Mich. 313, 324. 
 
 SUCKEN, or SUCH EN. In Scotch law. 
 The whole lands restricted to a mill, — that 
 is, whose tenants are bound to grind there. 
 The possessors of these lands are called 
 "suekeners." Bell, Diet. 
 
 SUE. To commence or continue legal pro- 
 ceedings for the recovery of a right. See 
 "Action;" "Suit." 
 
 SUE OUT. In practice. To obtain judi- 
 cially; to issue. Applied only to process; 
 particularly such as is granted specially. 
 To sue out a writ is to obtain and issue it; 
 to issue it on leave obtained for the pur- 
 pose. 
 
 SUERTE. In Spanish law. A small lot of 
 ground. 5 Tex. 83. 
 
 SUFFER. To suffer an act to be done, by 
 a person who can prevent it, is to permit 
 or consent to it; to approve of it, and not 
 to hinder it. It implies a willingness of 
 the mmd. 19 Conn. 505. 
 
 SUFFERANCE, TENANCY AT. See "Ten- 
 ancy." 
 
 SUFFERANCE WHARVES. Wharves on 
 which goods may be landed before any duty 
 is paid. They are appointed for the pur- 
 pose by the commissioners of the customs. 
 16 & 17 Vict. c. 107, § 13; 2 Steph. Comm. 
 500, note. 
 
 SUFFERING A RECOVERY. A recovery 
 was effected by the party wishing to convey 
 the land suffering a fictitious action to be 
 brought against him by the party to whom 
 the land was to be conveyed (the demand- 
 ant), and allowing the demandant to re- 
 cover a judgment against him for the land 
 in question. The vendor, or conveying 
 party, in thus assisting or permitting the 
 demandant so to recover a judgment 
 against him, was thence technically said to 
 "suffer a recovery." Brown. 
 
 SUFFRAGAN (Law Lat. suffraganeus) . 
 A titular bishop ordained to assist the 
 bishop of the diocese in his spiritual func- 
 tions, or to take his place. The number 
 was limited to two to each bishop by 26 
 Hen. VIII. e. 14. So called because by his 
 suffrage ecclesiastical causes were to be 
 judged. Termes de la Ley. 
 
 SUFFRAGE. Vote; the act of voting; the 
 right to vote. 
 
 SUGGESTIO FALSI (Lat.) A statement 
 of a falsehood. This amounts to a fraud 
 whenever the party making it was bound to 
 disclose the truth. 
 
 The following is an example of a case 
 where chancery will interfere and set aside 
 a contract as fraudulent, on account of the 
 suggestio falsi: A purchaser applied to 
 the seller to purchase a lot of wild land, 
 and represented to him it was worth noth; 
 ing, except for a sheep pasture, when he 
 knew there was a valuable mine on the lot, 
 of which the seller was ignorant. The sale 
 was set aside. 2 Paige, Ch. (N. Y.) 390; 
 4 Bouv. Inst, note 3837 et seq. See "Con- 
 cealment;" "Misrepresentation;" "Repre- 
 sentation;" "Suppressio Veri." 
 
 SUGGESTION. In practice. Information. 
 It is applied to those cases where, during 
 the pendency of a suit, some matter of fact 
 or circumstance which will materially affect 
 or put a stop to the suit in its existing 
 form, which for some reason cannot be 
 pleaded, 186 Mich. 617, 625; such as death 
 or insolvency of a party. The counsel of 
 the other party announces the fact in court, 
 or enters it upon the record. The fact is 
 usually admitted, If true, and the court is- 
 sues the proper order theretipon. See 2 
 Sellon, Prac. 191, 
 
 In wills, when suggestions are made to 
 a testator for the purpose of procuring a 
 devise of his property in a particular way, 
 and when such suggestions are false, they 
 generally amount to a fraud. Bac, Abr. 
 
SUGGESTIVE INTERROGATION 
 
 978 
 
 SUITORS'^ DEPOSIT ACCOUNT 
 
 "Wills" (G 3); 5 TouUier, Dr. Civ. note 
 70?. 
 
 SUGGESTIVE INTERROGATION. A 
 
 phrase which has been used by some .writ- 
 ers to signify the same thing as "leading 
 question." 2 Benth. Ev. bk. 3, c. 3. It is 
 used in the French law. 
 
 SUI GENERIS (Lat.) Of its own kind; 
 the only one of its kind. 
 
 SUI HAEREDES (Lat.) In the civil law. 
 One's own heirs; proper heirs. Inst. 2. 19. 
 2; Dig. 38. 16. 
 
 SUI JURIS (Lat. of his own right). Pos- 
 sessing all the rights to which a freeman is 
 entitled; not being under the power of an- 
 other, as a slave, a minor, and the like. 
 
 To make a valid contract, a person must, 
 in general, be sui juris. Every one of full 
 age is presumed to be sui juris. Story, 
 Ag. 10. 
 
 SUICIDE. Self-destruction and suicide 
 are synonymous and mean the voluntary 
 destruction of one's self. 29 111. App. 439. 
 If a person who is incapable, by reason of 
 unsoundness of mind, of resisting an insane 
 impulse to take his own life, or to under- 
 stand the general nature or consequences 
 and effects of his act, kills himself, it is 
 not suicide. 209 111. 33. At common law, 
 suicide was a felony entailing forfeiture 
 of estate. 1 Hale, P. C. c. 27. 
 
 Since the abolition of forfeitures, pun- 
 ishment of suicide is, of course, impossible, 
 but an attempt to commit suicide is in- 
 dictable (9 Cox, C. C. 247) ; and one who 
 persuades another to suicide is guilty of 
 murder (4 Bl. Comm. 189; 123 Mass. 422), 
 though, if he be not present at the com- 
 mission of the suicide, it is held that he 
 cannot be punished, because he is an ac- 
 cessory before the fact, and the prior con- 
 viction of the principal is impossible (9 
 Car. & P. 79). 
 
 SUING AND LABORING CLAUSE. A 
 
 clause in an English policy of marine in- 
 surance, generally in the following form: 
 "In case of any loss or misfortune, it shall 
 be .lawful for the assured, their factors, 
 servants, and assigns, to sue, labor, and 
 travel for, in, and about the defense, safe- 
 guard, and recovery of the" property in- 
 sured, "without prejudice to this insurance; 
 to the charges whereof we, the assurers, 
 will contribute." The object of the clause 
 is to encourage the assured to exert them- 
 selves in preserving the property from loss. 
 15 C. B. (N. S.) 291; 2 Q. B. Div. 501; 4 
 App. Cas. 755. 
 
 SUIT. In its broadest sense, any proceed- 
 ing in a court of justice by which a party 
 pursues a remedy which the law affords 
 him. In this sense, it is a broader term 
 than "action," including proceedings in pe- 
 tition. 2 Pet. (U. S.) 449; 14 Pet. (U. S.) 
 540. 
 
 "Suit" applies to criminal proceedings 
 (143 Mass. 136), and proceedings both in 
 equity and at law (20 How. Pr. [N. Y.] 
 381). 
 
 In ' a narrower sense, "suit" has been 
 held synonymous with "action." 4 Wall. 
 (U. S.) 112. And "suit" is commonly ap- 
 plied to proceedings in equity, and "action" 
 to proceedings at law. 9 Barb. (N. Y.) 
 300. 
 
 in Louisiana. A suit is a real, per- 
 sonal, or mixed demand made before a com- 
 petent judge, by which the parties pray to 
 obtain their rights and a decision of their 
 disputes. Code Prac. art. 96. In that ac- 
 ceptation, the words "suit," "process," and 
 "cause" are in that state almost synony- 
 mous. 
 
 At Common Law. The term had sev- 
 eral meanings, not included in the idea of 
 proceedings in court, as: 
 
 (1) Suit of court, an attendance which 
 a tenant owes to his lord's court. Cowell; 
 Jacob, 4. 
 
 (2) Suit covenant, where one has cove- 
 nanted to do suit and service in his lord's 
 court. 
 
 (3) Suit custom, where service is owed 
 time out of mifid. 
 
 (4) The following one in chase; as, fresh 
 suit. ■* 
 
 (5) A petition to a king, or a great per- 
 son, or a court. 
 
 SUIT SILVER, or SUTER SILVER. A 
 small rent or sum of money paid in some 
 manors to excuse the freeholders' appear- 
 ance at the courts of their lord. Cowell. 
 
 SUITAS (Law Lat.) In the civil law. The 
 condition or quality of a suus haeres, or 
 proper heir. Halifax, Anal. bk. 2, c. 9, 
 No. 11; Calv. Lex. This term seems to 
 have been framed by the later civilians. 
 
 SUITE (Blench.) Those persons who, by 
 his authority, follow or attend an ambas- 
 sador or other public minister. 
 
 In general, the suite of a minister are 
 protected from arrest, and the inviolability 
 of his person is communicated to those who 
 form his suite. Vattel, lib. 4, c. 9, § 120; 
 1 Dall. (Pa.) 177; Baldw. (U. S.) 240. See 
 "Ambassador." 
 
 SUITOR. One who is a party to a suit or 
 action in court; one who is a party to an 
 action. In its ancient sense, "suitor" meant 
 one who was bound to attend the county 
 court; also, one who formed part of the 
 secta, 
 
 SUITORS' DEPOSIT ACCOUNT. Form- 
 erly suitors in the English court of chan- 
 cery derived no income from their cash paid 
 into court unless it was invested _a;t their 
 request and risk. Now, however, it is pro- 
 vided by the Court of Chancery (Funds) 
 Act 1872, that all money paid into court, 
 and not required by the suitor to be in- 
 vested, shall be placed on deposit, and shall 
 
SUITORS' FEE FUND 
 
 979 
 
 SUMMING UP 
 
 bear interest at two per cent, per annum 
 for the benefit of the suitor entitled to it. 
 The sum required for the payment of this 
 interest is produced by placing all money 
 in court not required for meeting current 
 demands in the hands of the commissioners 
 for the reduction of the national debt, who 
 invest it in government securities. This 
 arrangement is called the "suitors' deposit 
 account." See Chancery Funds Consoli- 
 dated Rules, 1874; Report of Chancery 
 Funds Commissioners (1864) Ivii. 
 
 SUITORS' FEE FUND. A fund arising 
 partly from the fees of the English court 
 of chancery, and partly from the surplus 
 income of the suitors' fund (q. v.) Out of 
 it the salaries and other expenses of the 
 court of chancery were paid. By the Courts 
 of Justice (Salaries and Funds) Act 1866, 
 the suitors' fee fund was transferred to 
 the commissioners for the reduction of the 
 national debt, and the salaries and expenses 
 formerly paid out of it were charged on 
 the consolidated fund. Rep. Chanc. Fund 
 Comm. 1864. 
 
 SUITORS' FUND. A fund belonging to 
 the English court of chancery, and consist- 
 ing of two parts. Fund A consisted of 
 government stocks resulting from the in- 
 vestment of so much of the money in court 
 belonging to the suitors as was not re- 
 quired for current purposes. Part of the 
 income arising from these investments was 
 employed in paying certain expenses of the 
 court, and the balance was invested in gov- 
 ernment stocks, which formed fund B. Sub- 
 sequently the surplus income of both funds 
 was annually added to the suitors' fee 
 fund (q. V.) By the Courts of Justice, 
 etc.. Act 1869, the suitors' fund was trans- 
 ferred to the commissioners for the reduc- 
 tion of the national debt, and the consoli- 
 dated fund was made liable for the due 
 payment of the money which belonged to 
 the suitors, and had been invested as above 
 stated. Chanc. Funds Comm. Rep. 1864. 
 
 SULCUS. A small brook or stream of 
 water. Cowell. 
 
 SUM. A summary or abstract; a compen- 
 dium; a collection. 
 
 SUM IN GROSS. An entire sum, as dis- 
 tinguished from one composed of separate 
 or specified parts. 16 Wend. (N. Y.) 61, 
 262. 
 
 SUMMA CARITAS EST FACERE JUSTI- 
 
 tiam singulis et omni tempore quando ne- 
 cesse fuerit. The greatest charity Is to do 
 justice to every one, and at any time when- 
 ever it may be necessary. 11 Coke, 70. 
 
 SUMMA EST LEX QUAE PRO RELIGI- 
 
 one facit. That is the highest law which 
 favors religion. 10 Mod. 117, 119; 2 Chanc. 
 Cas. 18. 
 
 SUMMA RATIO EST QUAE PRO RELIGI- 
 one facit. That is the highest law which 
 
 which determines in favor of religion. Co. 
 Litt. 341a; Broom, Leg. Max. (3d London 
 Ed.) 18; 5 Coke, 14b; 10 Coke, 5Ba; 2 
 Chanc. Cas. 18. 
 
 SUMMAM ESSE RATIONEM QUAE PRO 
 reflgione facit. That consideration is strong- 
 est which determines in favor of religion. 
 Dig. 11. 7. 43, cited in Grotius de Jure Belli, 
 lib. 3, c. 12, § 7. See 10 Mod. 117, 119. 
 
 SUMMARY PROCEDURE ON BILLS OP 
 exchange. This phrase refers to St. 18 & 19 
 Viet. e. 67, passed in 1855, for the purpose 
 of facilitating the remedies on bills and 
 notes by the prevention of frivolous or fic- 
 titious defenses. By this statute, a defend- 
 ant in an action on a bill or note, brought 
 within six months after it has become pay- 
 able, is prohibited from defending the ac- 
 tion without the leave of the court or a 
 judge. See 2 Steph. Comm. 118, note; Lush, 
 Prac. 1027. 
 
 SUMMARY PROCEEDING. A form of 
 trial in which the ancient established course 
 of legal proceedings is disregarded, espe- 
 cially in the matter of trial by jury, and, 
 in the case of the heavier crimes, present- 
 ment by a grand jury. See 8 Gray (Mass.) 
 329. 
 
 In no case can the party be tried sum- 
 marily unless when such proceedings are 
 authorized by legislative authority, except 
 perhaps in cases of contempts; for the 
 common law is a stranger to such a mode 
 of trial. 4 Bl. Comm. 280. See 2 Kent, 
 Comm. (6th Ed.) 73; 2 Conn. 819; 4 Conn. 
 535; 37 Me. 172; 4 Hill (N. Y.) 145; 8 
 Gray (Mass.) 329; 4 Dev. (N. C.) 15; 10 
 Yerg. (Tenn.) 59. 
 
 SUMMARY TRIALS. A modern term em- 
 ployed to designate criminal trials before 
 magistrates, justices of the peace, or other 
 inferior judicial officers or courts, which 
 trials are not according to the common-law 
 trial by jury on indictment, but are con- 
 ducted in a less formal and cautious man- 
 ner. Only the minor offenses are tried 
 thus. It seems that the term should include 
 a trial on indictment if it lacks the element 
 of trial by a common-law jury. 
 
 SUMMER-HUS SILVER. A payment to 
 the lords of the wood on the Wealds of 
 Kent, who used to visit those places in sum- 
 mer, when their under tenants were bound 
 to prepare little summer houses for their 
 reception, or else pay a composition in 
 money. Custumale de Newington juxta 
 Sittingburn, M. S.; Cowell. 
 
 SUMMING UP. In practice. The act of 
 making a speech before a court and jury, 
 after all the evidence has been heard, in 
 favor of one of the parties in the cause, is 
 called "summing up." When the judge de- 
 livers his charge to the jury, he usually 
 sums up the evidence in the case. 6 Harg. 
 St. Tr. 832; 1 Chit. Crim. Law, 632. See 
 "Charge." 
 
SUMMON 
 
 980 
 
 SUPELLEX 
 
 SUMMON. In practice. To notify the de- 
 fendant that an action has been instituted 
 against him, and that he is required to an- 
 swer to it at a time and place named. This 
 is done by a proper oflBcer's either giving 
 the defendant a copy of the summons, or 
 having it at his house, or by reading the 
 summons to him. 
 
 SUMMONERS. Petty officers who cite 
 men to appear in any court. 
 
 SUMMONITIO (Law Lat.) In old English 
 practice. A suttimoning or summons; a 
 writ by which a party was summoned to 
 appear in court, of which there were vari- 
 ous kinds. Spelman; Fleta, lib. 6, c. 6. 
 
 A command or precept of the king that 
 one be before him to answer or do some- 
 thing, or that one be and have such a one 
 to answer or to do something. Bracton, 
 fol. 333. 
 
 SUMMONITIONES AUT CITATIONES 
 nullae liceant fieri intra palatium regis. 
 Let no summonses or citations be served 
 within the king's palace. 3 Inst. 141. 
 
 SUMMONITORES SCACCARII. Officers 
 who assisted in collecting the revenues by 
 citing the defaulters therein into the court 
 of exchequer. 
 
 SUMMONS. 
 
 In Common-Law Practice. The name 
 
 of a writ commanding the sheriff, or other 
 authorized oflfiicer, to notify a party to ap- 
 pear in court to answer a complaint made 
 against him, and in the said writ specified, 
 on a day therein mentioned. Viner, Abr.; 
 2 Sellon, Prac. 356; 3 Bl. Comm. 279. 
 
 The writ of summons was substituted by 
 St. 2 Wm. IV. c. 39, for the original writs 
 by which actions were formerly commenced. 
 
 In Code Practice. The proceeding 
 
 to commence an action in many of the code 
 states consists of a notice to defendant, 
 requiring him to serve an answer to the 
 complaint. It is ordinarily signed by the 
 plaintiff or his attorney, bears no teste, and 
 is not process. It may be served by any 
 disinterested person or by the attorney. 
 
 In other code states the summons^ runs 
 in the name of the state or people, is issued 
 by the clerk under seal, and is served by 
 the sheriff. 
 
 Some of the states permit the use of 
 either of these, two modes of summons. See 
 "Process." 
 
 SUMMONS AND SEVERANCE. See "Sev- 
 erance." 
 
 SUMMUM JUS (Lat.) Strict right; ex- 
 treme right. 3 Bl. Comm. 392; 1 Burrows, 
 54. The extremity or rigor of the law. 
 Burr. Sett. Cas. 588. Lord Bacon applies 
 the phrase to strict law, untempered by 
 equity. Works, IV. 274. 
 
 SUMMUM JUS, SUMMA INJURIA. The 
 rigor or height of law is the height of 
 of wrong. Hob. 125. 
 
 SUMPTUARY LAWS. Laws relating to 
 the expenses of the people, and made to 
 restrain excess in apparel, food, drink, fur- 
 niture, etc 
 
 They originated in the view that luxury 
 is, in some of its degrees, opposed to public 
 policy, and that the state is bound to inter- 
 fere against it. Montesq. Esprit des Lois, 
 bk. 7, c. 2, 4, and Tacitus, Ann. bk. 2, c, 
 33; Id. bk. 3, c. 52. 
 
 In England, in 1336, it was enacted (10 
 Edw. III. c. 3), that, inasmuch as many 
 mischiefs had happened to the people of the 
 realm by excessive and costly meats, by 
 which, among other things, many who as- 
 pired in this respect beyond their means 
 were impoverished and unable to aid them- 
 selves or their liege lord in time of need, 
 all men were forbidden to have served more 
 than two courses at a meal, each of but 
 two sorts of victual, except on the princi- 
 pal feasts of the year, and then only three 
 courses were allowed. Blackstone states 
 that this is still unrepealed. 4 Bl. Comm. 
 170. Subsequent statutes — ^that of 1363, 
 and those of 1463 and 1482 — regulated the 
 dress, and to some extent the diet, of the 
 people, with careful regard to their rank. 
 The substance of these statutes will be 
 found in Knight's History of England, vol. 
 2, pp. 272-274. They were repealed by 1 
 Jac. I. c. 25. 
 
 SUNDAY. The first day of the week. In 
 some of the New England states it begins 
 at sunsetting on Saturday, and ends at 
 the same time the next day; but in other 
 parts of the United States it generally 
 commences at twelve o'clock on the night 
 between Saturday and Sunday, and ends 
 in twenty-four hours thereafter. 6 Gill & 
 J. (Md.) 268. And see Bac. Abr. "Heresy, 
 etc." (D), "Sheriff" (N 4) ; 1 Salk. 78; 1 
 Sellon, Prac. 12. The "Sabbath," the 
 "Lord's Day," and "Sunday" all mean the 
 same thing. 6 Gill & J. (Md.) 268. See 
 3 Watts (Pa.) 56, 59; 6 Watts (Pa.) 231. 
 
 SUN SET. A definite period of time at 
 any given locality. What that time is can 
 only be known from scientific calculations. 
 It is not precisely the same on any two 
 days in succession, nor is it exactly the 
 same at any two points distant apart on 
 the same day. It is later at a point west 
 than one further east, and of this fact the 
 court may take judicial notice. Ill -Hi- 
 135. 
 
 SUNSTROKE. An acute prostration from 
 excessive heat of weather; and the same 
 effects may be produced by heat which is 
 not of solar origin. 100 111. App. 195. 
 
 SUO NOMINE (Lat.) In his own na:me. 
 
 SUO PERICULO (Lat.) At his own peril 
 or risk. 
 
 SUPELLEX (Lat.) In the Roman law. 
 Household furniture. Dig. 33. 10. 
 
SUPER ALTUM MARE 
 
 981 
 
 SUPERIORITY 
 
 SUPER ALTUM MARE (Lat.) Upon the 
 high. sea. See "High Seas." 
 
 SUPER FIDEM CHARTARUM, MORTUIS 
 testibus, erit ad patriam de necessitate re- 
 currendum. The truth of charters is neces- 
 sarily to be referred to a jury when the 
 witnesses are dead. Co. Litt. 6. 
 
 SUPER JURARE. A term anciently used 
 when a criminal endeavored to excuse him- 
 self by his own oath, or the oath of one or 
 two witnesses, and the crime objected 
 against him was so plain and notorious that 
 he was convicted on the oaths of many more 
 witnesses. Wharton. 
 
 SUPER PRAEROGATIVA REGIS. A writ 
 which formerly lay against the king's ten- 
 ant's widow for marrying without the royal 
 license. Fitzh. Nat. Brev. 174. 
 
 SUPER STATUTO. 1 Edw. III. c. 12. A 
 writ that lay against the king's tenant hold- 
 ing in chief, who aliened the king's land 
 without his license. 
 
 SUPER STATUTO DE ARTICULIS CLE- 
 
 rl. A writ which lay against a sheriff or 
 other officer who distrained in the king's 
 highway, or on lands anciently belonging to 
 the church. 
 
 SUPER STATUTO FACTO POUR SENE- 
 sehal et marshal de roy, etc. A writ which 
 lay against a steward or marshal for hold- 
 ing plea in his court, or for trespass or con- 
 tracts not made or arising within the king's 
 household. 
 
 SUPER STATUTO VERSUS SERVAN- 
 
 tes et laboratores. A writ which lay against 
 him who kept any servants who had left the 
 service of another, contrary to law. 
 
 SUPER VISUM CORPORE (Lat.) Upon 
 view of the body. When an inquest is held 
 over a body found dead, it must be super 
 'mum corpore. See "Coroner." 
 
 SUPERCARGO. In maritime law. A per- 
 son specially employed by the owner of a 
 cargo to take charge of and sell to the best 
 advantage merchandise which has been 
 shipped, and to purchase returning cargoes 
 and to receive freight, as he may be au- 
 thorized. 
 
 Supercargoes have complete control over 
 the cargo and everything which imii;iedj- 
 ately concerns it, unless their authority is 
 either expressly or impliedly restrained. 12 
 East, 381. Under certain circumstances, 
 they are responsible for the cargo (4 Mass. 
 115. See 1 Gill & J. [Md.] 1), but the 
 supercargo has no power to interfere with 
 the government of the ship (3 Pardessus, 
 note 646; 1 Boul. P. Dr. Com. 421). 
 
 8UPERDEMANDA (Law Lat.) In old 
 English practice. An over demand; a de- 
 mandof more than was just or due. Cadit 
 in misericordiam pro super demanda, be- 
 comes subject to amercement for his over 
 demand. Bacton, fol. 179b. 
 
 SUPERFICIARIU8 (Lat) In Civil law. 
 He who has built upon the soil of another, 
 which he has hired for a number of years 
 or forever, yielding a yearly rent. This 
 is not very different from the owner of a 
 lot on ground rent in Pennsylvania. Dig. 
 43. 18. 1. 
 
 SUPERFICIES (Lat.) In civil law. What- 
 ever has been erected on the soil. 
 
 SUPERFLUA NON NOCENT. Superflui- 
 ties do no injury. Jenk. Cent. Cas. 184. 
 
 SUPERFLUOUS LANDS. In English law. 
 Lands acquired by a railway company un- 
 der its statutory powers, and not required 
 for the purposes of its undertaking. The 
 company is bound, within a certain time, to 
 sell such lands, and, if it does not, they 
 vest in and become the property of the 
 owners of the adjoining lands. 13 Ch. Div. 
 607. 
 
 SUPERINDUCTIO (Lat.) In the civil law. 
 A species of obliteration. Dig. 28. 4. 1. 
 
 SUPERINSTITUTION. Where a church 
 is full by institution, and a second institu- 
 tion is granted to the same church, this is 
 a superinstitution, and necessarily raises 
 the question who is entitled to the benefice. 
 It is said that the party who obtains a 
 superinstitution may try his title by eject- 
 ment, but that, in consequence of its incon- 
 veniences, this method is discouraged, and 
 the more usual remedy of a quure impedit 
 adopted. Phillim. Ecc. Law, 476. 
 
 SUPERIOR. One who has a right to com- 
 mand; one who holds a superior rank; as, 
 a soldier Is bound to obey his superior. 
 
 In estates, some are superior to others. 
 An estate entitled to a servitude or ease- 
 ment over another estate is called the "su- 
 perior" or "dominant," and the other the 
 "inferior" or "servient" estate. 1 Bouv. 
 Inst, note 1612. 
 
 SUPERIOR AND VASSAL. In Scotch 
 law. A feudal relation corresponding with 
 the English "lord and tenant." Bell, Diet. 
 
 SUPERIOR COURT. 
 
 In English Law. A term applied col- 
 lectively to the three courts of common law 
 at Westminster, namely, the king's bench, 
 the common pleas, the exchequer. 
 
 It denotes a court of intermediate juris- 
 diction between the courts of inferior or 
 limited jurisdiction and the courts of last 
 resort. 
 
 In American Law. A court of inter- 
 mediate jurisdiction between the inferior 
 courts and those of last resort. 
 
 In Delaware it is the court of last resort; 
 and in some of the states there is a superior 
 court for cities. 
 
 SUPERIORITY. In Scotch law. The do- 
 minium directum of lands, without the 
 profit. 1 Forbes, Inst. pt. 2, p. 97; Bell, 
 Diet. 
 
SUPERNUMERARII 
 
 982 
 
 SUPPLICAVIT 
 
 SUPERNUMERARir (Lat.) In Eoman 
 law. Those advocates who were not statuti 
 (q. V.) 
 
 The statuti were inscribed in the matric- 
 ulation books, and formed a part of the 
 college of advocates in each jurisdiction. 
 The supernumeraries were not attached to 
 any bar in particular, and could reside 
 where they pleased. They took the place 
 of advocates by title as vacancies occurred 
 in that body. 
 
 SUPERONERATIO (Law Lat. superone- 
 nare). Surcharging a common, i. e., put- 
 ing in beasts of a number or kind other 
 than the right of common allows. It can 
 only be of a common appendant or appur- 
 tenant. Bracton, fol. 229, and Fleta, lib. 
 4, c. 23, § 4, give two remedies, novel dis- 
 sesin and writ of admeasurement, by which 
 latter remedy no damages are recovered till 
 the second offense. Now, distraining, tres- 
 pass, and case are used as remedies. 3 
 Bl. Comm. 238*. 
 
 SUPERONERATIONE PASTURAE. A ju- 
 dicial writ that lay against him who was 
 impleaded in the county court for the sur- 
 charge of a common with his cattle, in a 
 case where he was formerly impleaded for 
 it in the same court, and the cause was re- 
 moved into one of. the superior courts. 
 Obsolete. 
 
 SUPERPLUSAGIUM. Overplus; surplus; 
 residue or balance. Spelman. 
 
 SUPERSEDE. To stay, stop, interfere 
 with, or annul; e. g., to supersede the pro- 
 ceedings in outlawry, or in bankruptcy, or 
 in lunacy, etc. 
 
 SUPERSEDEAS (Lat. that you set aside). 
 A stay of proceedings. The name of a 
 writ containing a command to stay the pro- 
 ceedings at law. It is either express, by 
 the issuance of a writ of supersedeas, or 
 implied, by the issuance of a writ, as of 
 certiorari, a writ of error when bail is 
 given, etc., which operate as supersedeas. 
 
 SUPERSTITIOUS USE. In English law. 
 When lands, tenements, rents, goods, or 
 chattels are given, secured, or appointed 
 for and towards the maintenance of a 
 priest or chaplain to say mass; for the 
 maintenance of a priest or other man to 
 pray for the soul of any dead man in such 
 church or elsewhere; to have and maintain 
 perpetual obits, lamps, torches, etc., to be 
 used at certain times to help to save the 
 souls of men out of purgatory, — in such 
 cases the king, by force of several statutes, 
 is authorized to direct and appoint all such 
 uses cy pres under the sign manual. Bac. 
 Abr. "Charitable Uses and Mortmain" 
 (D); Duke, Char. Uses, 105; 6 Ves. B67; 
 4 Coke, 104. 
 
 In the United States, where all religious 
 opinions are free, and the right to exercise 
 them is secured to the people, the English 
 doctrine of superstitious uses does not pre- 
 
 vail. In Alabama and Wisconsin gifts for 
 prayer or masses for the departed are in- 
 valid chiefly on the ground of want of liv- 
 ing beneficiaries. 6 Cyc. 920. 
 
 SUPPLEMENT, LETTERS OF. In Scotch 
 practice. A process by which a party not 
 residing within the jurisdiction of an in- 
 ferior court may be cited to appear before 
 it. Bell, Diet. 
 
 SUPPLEMENTAL. That which is added 
 to a thing to complete it; as, a supple- 
 mental aflidavit, which is an additional affi- 
 davit to make out a case: a supplemental 
 bill. 
 
 SUPPLEMENTAL AFFIDAVIT. In prac- 
 tice. An affidavit made in addition to a 
 previous affidavit, for the purpose of sup- 
 plying some deficiency in it. 
 
 SUPPLEMENTAL ANSWER. One which 
 was filed in chancery for the purpose of 
 correcting, adding to, and explaining an an- 
 swer already filed. Smith, Ch. Prac. 334. 
 
 SUPPLEMENTAL BILL. In equity prac- 
 tice. A bill brought as an addition to an 
 original bill to supply some defect in its 
 original frame or structure which cannot 
 be supplied by amendment. See 1 Paige 
 Ch. (N. Y.) 200; 15 Miss. 456; 22 Barb. 
 (N. Y.) 161; 14 Ala. (N. S.) 147; 18 Ala. 
 (N. S.) 771. It may be brought by a plain- 
 tiff or defendant (2 Atk. 533; 2 Ball & B. 
 140; 1 Story, C. C. [U. S.] 218), and as 
 well after as before a decree (3 Md. Ch. 
 306; 1 Macn. & G. 405; Story, Eq. PI. 
 § 338; Hinde, Chanc. Prac. 43), but must 
 be within a reasonable time (2 Halst. [N. 
 J.] 465). See "Original Bill." 
 
 SUPPLEMENTAL BILL, BILL IN THE 
 
 nature of a. See "Bill in the Nature, etc." 
 
 SUPPLEMENTAL CLAIM. A further 
 claim which was filed when further relief 
 was sought after the bringing of a claim. 
 Smith, Ch. Prac. 655. 
 
 SUPPLEMENTAL COMPLAINT. In code 
 practice. A complaint supplying some de- 
 fect or omission in the original complaint, 
 not curable by amendment. 
 
 SUPPLETORY OATH. In ecclesiastical 
 law. An oath given by the judge to the 
 plaintiff or defendant upon half proof, as 
 by one witness, already made. The oath, 
 added to the half proof, enables the judge 
 to decide. It is discretionary with the 
 judge. Strange, 80; 3 Bl. Comm. 370*. 
 
 SUPPLICATIO (Lat.) In civil law. A pe- 
 tition for pardon of a first offense; also, a 
 petition for reversal of judg^nent; also, 
 equivalent to duplicatio, which is our "re- 
 joinder." Calv. Lex. 
 
 SUPPLICAVIT (Lat.) In English law. 
 The name of a writ issuing out of the 
 king's bench or chancery for taking sureties 
 
SUPPLICIUM 
 
 983 
 
 SUR 
 
 rt the peace. It is commonly directed to 
 •he justices of the peace, -when they are 
 iverse to acting in the afEair in their judi- 
 cal capacity. 4 Bl. Comm. 233. See Viner, 
 ^br.: Comyn, Dig. "Chancery" (4 R), 
 'Forcible Entry" (D 16, 17). 
 
 SUPPLICIUM (Lat.) In civil law. A cor- 
 poral punishment ordained by law; the 
 punishment of death; so called because it 
 was customary to accompany the guilty 
 man to the place of execution, and there 
 offer supplications for him. 
 
 SUPPLIES. In English law. Extraordi- 
 nary grants to the king by parliament to 
 supply the exigencies of the state. Jacob. 
 
 SUPPONERE (Lat.) In old English law. 
 To put under; to put in place of another; 
 to substitute fraudulently; to put a false 
 thing in place of the true or genuine; to 
 put a strange child in place of the true heir. 
 
 SUPPORT. In the law of easements. The 
 right to rest the beams or framework of a 
 building into a wall of an adjoining build- 
 ing. Also rights of lateral and subjacent 
 support which pertain to owners of adjoin- 
 ing lands. See "Party Walls;" "Lateral 
 Support." 
 
 In the law of decedents' estates the term 
 "support" is sometimes used as a synonym 
 for the allowance of articles or money set 
 apart for the survivor and children. 
 
 SUPPRESS. To put a stop to anything 
 when actually existing. Does not extend 
 to prevention by suppressing what may lead 
 to it. 34 L. J. M. C. 9; 17 C. P. N. S. 625. 
 
 SUPPRESSIO VERI (Lat.) Concealment 
 of truth. See "Fraud." 
 
 , SUPPRESSIO VERI, EXPRESSIO FALSI. 
 
 Suppression of the truth is (Equivalent to) 
 the expression of what is false. 11 Wend. 
 (N. Y.) 374, 417. , 
 
 SUPPRESSIO VERI, SUGGESTIO FALSI. 
 
 Suppression of the truth is equivalent to 
 the suggestion of what is false. 23 Barb. 
 (N. Y.) 521, 525. 
 
 SUPRA (Lat.) Above; upon. 
 
 SUPRA PROTEST (over protest). In 
 mercantile law. A term applied to an ac- 
 ceptance of a bill by a third person, after 
 protest for nonacceptance by the drawee. 3 
 Kent, Coram. 87. 
 
 SUPREMA VOLUNTAS (Lat.) The last 
 will. Et suprema voluntas quod mandat 
 fierique jubet, parere necesse est, and what 
 a last will commands and orders to be done 
 must be obeyed. Doderidge, J., Latch, 137. 
 
 SUPREMACY. Sovereign dominion, 
 authority, and pre-eminence; the highest 
 state. In the United States, the supremacy 
 resides in the people, and is exercised by 
 their constitutional representative, — ^the 
 president and congress. See "Sovereignty." 
 
 SUPREMACY, ACT OF. See "Act of 
 Supremacy." 
 
 SUPREMACY, OATH OF. In English law. 
 An oath to uphold the supreme power of 
 the kingdom in the person of the reigning 
 sovereign. 
 
 SUPREME. That which is superior to all 
 other things; as, the supreme power of the 
 state, which is an authority over all others ; 
 the supreme court, which is superior to all 
 other courts. 
 
 SUPREME COURT. A court of superior 
 jurisdiction in many of the states of the 
 United States and the federal court of last 
 resort. 
 
 The name is properly applied to the court 
 of last resort, and is so used in most of the 
 states. In nearly all the states thete is a 
 supreme court, but in one or two there is 
 a court of appellate jurisdiction from the 
 supreme court. 
 
 SUPREME COURT OF ERRORS. In 
 
 American law. An appellate tribunal, and 
 the court of last resort, in the state of 
 Connecticut. 
 
 SUPEME COURT OF JUDICATURE. 
 
 The court formed by the English judicature 
 act of 1873, as modified by the judicature 
 act of 1875, the appellate jurisdiction act 
 of 1876, and the judicature acts of 1877, 
 1879, and 1881, in substitution for the vari- 
 ous superior courts of law, equity, admiral- 
 ty, probate, and divorce, existing when the 
 act was passed, including the court of ap- 
 peal in chancery and bankruptcy, and the 
 exchequer chamber. It consists of two 
 permanent divisions, viz., a court of origi- 
 nal jurisdiction, called the "high court of 
 justice," and a court of appellate jurisdic- 
 tion, called the "court of appeal." Its title 
 of "supreme" is now a misnomer, as the 
 superior appellate jurisdiction of the house 
 of lords and privy council, which was 
 originally intended to be transferred to it, 
 has been allowed to remain. 
 
 SUPREME JUDICIAL COURT. In Amer- 
 ican law. An appellate tribunal, and the 
 court of last resort, in the states of Maine, 
 Massachusetts, and New Hampshire. 
 
 SUPREMUS (Lat.) In the civil law. 
 Last; the last. 
 
 SUPREMUS EST, QUEM NEMO SEQUI- 
 tur. He is last whom no one follows. Dig. 
 50. 16. 92. 
 
 SUR (French). Upon. In the titles of 
 real actions, "sur" was used to point out 
 what the writ was founded upon. Thus, a 
 real action brought by the owner of a re- 
 version or seigniory, in certain cases where 
 his tenant repudiated his tenure, was called 
 "a writ of right sur disclaimer." So, a 
 writ of entry sur disseisin was a real action 
 to recover the possession of land from^ a 
 disseisor. 
 
SUR GUI IN VITA 
 
 984 
 
 SURETYSHIP 
 
 SUR cur IN VITA. A writ tliat lay for 
 the heir of a woman whose hnsband had 
 aliened her land in fee, and she had omitted 
 to bring the writ of mi m vita for the re- 
 covery thereof, in which case, her heir 
 might have this writ against the tenant 
 after her decease. CoweU. See "Cui In 
 Vita." 
 
 SURCHARGE. To put more cattle upon 
 a common than the herbage will sustain, 
 or than the party hath a right to do. 3 
 Bl. Comm. 237. 
 
 In case of common without stint, it could 
 only happen when insufficient herbage was 
 left for the lord's own cattle. 1 Rolle, Abr. 
 399. 
 
 The remedy was by distraining the beasts 
 beyond the proper number; an action of 
 trespass which must have been brought by 
 the lord of the manor; an action on the 
 case, or a writ of admeasurement of pas- 
 ture. 2 Bl. Comm. 238, note. 
 
 In Equity Practice. To prove the 
 
 omission of an item from an account which 
 is before the court as complete, which 
 should be inserted to the credit of the party 
 surcharging. Story, Eq. Jur. § 626; 2 Ves. 
 Jr. 565; 11 Wheat. (U. S.) 237; 8 Rich. 
 Eq. (S. C.) 248. It is opposed to "falsify" 
 {q. V.) Leave to surcharge and falsify is 
 granted in preference to opening an ac- 
 count, in case of an account stated by the 
 parties or reported by an auditor, where 
 the party obtaining the liberty would be 
 concluded by the account were it not 
 granted. See "Account;" "Auditor." 
 
 SURDUS (Lat.) In the civil law. Deaf; 
 a deaf person. Inst. 2. 12. 3. Surdus et 
 mutus, a deaf and dumb person. Id.; Dig. 
 28. 1. 6. 1; Id. 28. 1. 7; Id. 50. 17. 124; 
 Fleta, lib. 6, c. 38, § 1; Id. c. 40, § 2. 
 
 SURETY. A person who binds himself 
 for the payment of a sum of money, or for 
 the performance of something else, for an- 
 other, who is already bound for the same. 
 See "Suretyship." 
 
 SURETY COIVIPANY. An association or 
 corporation engaged in the business of of- 
 fering itself, in consideration of a premium 
 paid, as a surety for the fidelity of persons 
 in positions of trust, or for the responsibil- 
 ity of persons bound to the performance of 
 any act. 
 
 SURETY OF THE PEACE. Surety of the 
 peace is a species of preventive justice, and 
 consists in obliging those persons whom 
 there is a probable ground to suspect of 
 future misbehavior, to stipulate with, and 
 to give full assurance to the public that 
 such offense as is apprehended shall not 
 take place, by finding pledges or securities 
 for keeping the peace, or for their good be- 
 havior. Brown. 
 
 SURETYSHIP. An undertaking to an- 
 swer for the debt, default, or miscarriage 
 of another by which the surety becomes 
 
 bound as Hhe principal or original debtor 
 is bound. 
 
 It differs from "guaranty" in this, that 
 suretyship is a primary obligation to see 
 that the debt is paid, while guaranty is a 
 collateral undertaking, essentially in the al- 
 ternative, to pay the debt if the debtor does 
 not pay it. 24 Pick. (Mass.) 252. And, 
 accordingly, a surety may be sued as a 
 promisor to pay the debt, while a guar- 
 antor must be sued specially on his con- 
 tract. 8 Pick. (Mass.) 423. 
 
 While guaranty applies only to contracts 
 not under seal, and principally to mercan- 
 tile obligations, suretyship may apply to 
 all obligations under seal or by parol. The 
 subjects are, however, nearly related, and 
 many of the principles are common to both. 
 There must be a principal debtor liable, 
 otherwise the promise becomes an original 
 contract; and, the promise being collateral, 
 the surety must be bound to no greater ex- 
 tent than the principal. Suretyship is one 
 of the contracts included in the statute of 
 frauds (29 Car. II. c. 3.) 
 
 Kent, C. J., divides secondary undertak- 
 ings into three classes: (1) Cases in which 
 the guaranty or promise is collateral to the 
 principal contract, but is made at the same 
 time, and becomes an essential ground of 
 the credit given to the principal or direct 
 debtor. Here there is not, and need not 
 be, any other consideration than that mov- 
 ing between the creditor and original 
 debtor. (2) Cases in which the collateral 
 undertaking is subsequent to the creation 
 of the debt, and was not the inducement 
 to it, though the subsisting liability is the 
 ground of the promise, without any dis- 
 tinct and unconnected inducement. Here 
 there must be some further consideration 
 shown, having an immediate respect to such 
 liability; for the consideration for the 
 original debt will not attach to this subse- 
 quent promise. (3) When the promise to 
 pay the debt of another arises out of some 
 new and original consideration of benefit 
 or harm moving between the newly-con- 
 tracting parties. 8 Johns. (N. Y.) 29; 21 
 Y. 415; 21 Me. 459; 15 Pick. (Mass.) 159. 
 
 A simpler division is into two classes: 
 
 (1) Where the principal obligation exists 
 before the collateral undertaking is made. 
 
 (2) Where there is no principal obligation 
 prior in time to the collateral undertaking. 
 In the last class, the principal obligation 
 may be contemporaneous with or after the 
 collateral undertaking. The first class in- 
 cludes Kent's second and third, the second 
 includes Kent's first, to which must be 
 added cases where the guaranty referring 
 to a present or future principal obligation 
 does not share the consideration thereof, 
 but proceeds on a distinct consideration. 
 Moreover, there are other original under- 
 takings out of the statute of frauds, and 
 valid, though by parol, besides his third 
 class. These are where the credit is given 
 exclusively to the promissor, though the 
 goods or consideration pass to another. 
 
SURFACE WATER 
 
 985 
 
 SURRENDER BY BAIL 
 
 Under this division, undertakings of the 
 first class are original, (1) when the prin- 
 cipal obligation is thereby abrogated; (2) 
 when, without such abrogation, the prom- 
 isor, for his own advantage, apparent on 
 the bargain, undertakes for some new con- 
 sideration moving to him from the prom- 
 isee; (3) where the promise is in consider- 
 ation of some loss or disadvantage to the 
 promisee; (4) where the promise is made 
 to the principal debtor on a consideration 
 moving from the debtor to the promissor. 
 Theobald, Sur. 37 et seq., 49 et seq. 
 
 SURFACE WATER. Water which 
 spreads over the surface of the ground, or 
 stands in swamps, or percolates through or 
 under the soil. It has its origin most com- 
 monly in rains and melted snow. 84 Wis. 
 438, 20 L. R. A. 40. 
 
 SURGEON. A surgeon, formerly, was a 
 mere operator, who joined his practice to 
 that of a barber. At the present time the 
 profession has risen into great and deserved 
 eminence, and surgery is now, properly 
 speaking, treatment of bodily injuries and 
 ills by manual operations and the use of 
 surgical instruments and appliances. 
 
 SURMISE (Law Fr. and Eng.) In old 
 practice. Suggestion. "The plaintiff, upon 
 a surmise of goods come to the hands of the 
 executors, shall have a sci. fa." 1 Leon. 68, 
 286; Hardr. 82, 811. 
 
 SURNAME. A name which is added to 
 the Christian name. In modem times, these 
 have become family names. The family 
 name is that which is continued from par- 
 ent to child. 149 Iowa 672; 31 L. R. A. (N. 
 S.) 1112. 
 
 They are called "surnames," because orig- 
 inally they were written over (_sur) the 
 name in judicial writings and contracts. 
 They were and are still used for the pur- 
 pose of distinguishing persons of the same 
 name. They were taken from something at- 
 tached to the persons assuming them; as, 
 John Carpenter, Joseph Black, Samuel 
 Little, etc. See "Name." 
 
 SURPLUS. That which is left from a 
 fund which has been appropriated for a par- 
 ticular purpose; the remainder of a thing; 
 the overplus; the residue. See 18 Ves. 466. 
 
 SURPLUSAGE. 
 
 ——In Accounts. A greater disbursement 
 than the charges amount to; a balance over. 
 1 Lew. 219. 
 
 In Pleading. Allegations of matter 
 
 wholly foreign and impertinent to the cause. 
 AH matter beyond the circumstances neces- 
 sary t6 constitute the action is surplusage. 
 Cowp. 688; 6 East, 275; 10 East, 205; 2 
 Johns. Oas. (N. Y.) 52; 1 Mason (U. S.) 
 S7; 16 Tex. 656. 
 
 SURPLUSAGIUM NON NOCET. Surplus- 
 age does no harm. 3 Bouv. Inst, note 2949; 
 Broom, Leg. Max. (3d London Ed.) 559. 
 
 SURPRISE. In equity practice. The act 
 by which a party who is entering into a con- 
 tract is taken unawares, by which sudden 
 confusion or perplexity is created, which 
 renders it proper that a court of equity 
 should relieve the party so surprised. 2 
 Brown, Ch. 150; 1 Story, Eq. Jur. § 120, 
 note. 
 
 The situation in which a party is placed, 
 without any default of his own, which will 
 be injurious to his interests. 8 Mart. (La.; 
 N. S.) 407. 
 
 Mr. Jeremy (Eq. Jur. 366, 383, note) 
 seems to think that the word "surprise" is a 
 technical expression, and nearly synony- 
 mous with "fraud." It is sometimes used 
 in this sense when it is deemed presumptive 
 of, or approaching to, fraud. 1 Fonbl. Eq. 
 123; 3 Chanc. Gas. 56, 74, 103, 114. See 6 
 Ves. 327, 338; 16 Ves. 81, 86, 87; 2 Brown, 
 Ch. 326; 1 Cox 340. 
 
 SURREBUTTER. In pleading. The plain- 
 tiff's answer to the defendant's rebutter. It 
 is governed by the same rules as the replica- 
 tion. See 6 Comyn, Dig. 185; 7 Comyn, Dig. 
 389. 
 
 SURREJOINDER. In pleading. The plain- 
 tiff's answer to the defendant's rejoinder. 
 It is governed in every respect by the same 
 rules as the replication. Steph. PI. 77; 
 Archb. Civ. PL 284; 7 Comyn, Dig. 389. 
 
 SURRENDER. A yielding up of an estate 
 for life or years to him who has an imme- 
 diate estate in reversion or remainder, by 
 which the lesser estate is merged in the 
 greater by mutual agreement. Co. Litt. 
 337b. 
 
 The deed by which the surrender is made. 
 
 A surrender is of a nature directly oppo- 
 site to a release; for, as the latter operates 
 by the greater estate descending upon the 
 less, the former is the falling of a less es- 
 tate into a greater, by deed. A surrender 
 immediately divests the estate of the sur- 
 renderor, and vests it in the surrenderee, 
 even without the assent of the latter. Shep. 
 Touch. 300, 301. 
 
 The technical and proper words of this 
 conveyance are, surrender and yield up; 
 but any form of words by which the inten- 
 tion of the parties is sufficiently manifested 
 will operate as a surrender. Perk. § 607; 1 
 Term R. 441; Comyn, Dig. "Surrender" 
 (A). 
 
 The surrender may be express or implied. 
 The latter is when an estate incompatible 
 with the existing estate is accepted, or the 
 lessee takes a new lease of the same lands. 
 16 Johns. (N. Y.) 28; 2 Wils. 26; 1 Barn. 
 
 6 Aid. 50; 2 Barn. & Aid. 119; 5 Taunt. 
 518. And see 6 East, 86; 9 Barn. & 0. 288; 
 
 7 Watts (Pa.) 123; Cruise, Dig. tit. 32, o. 7; 
 Comyn, Dig.; 4 Kent, Comm. 102; Rolle, 
 Abr.; 11 East, 317, note. 
 
 SURRENDER BY BAIL. The deUvery, 
 by his bail, of the accused person, or prin- 
 cipal again into custody, or to a person or 
 
SURRENDER OF COPYHOLD 
 
 986 
 
 SURVIVE 
 
 court having authority to re-commit or re- 
 bail him. 220 111. 354. 
 
 SURRENDER OF COPYHOLD. The yield- 
 ing of a copyhold into the hands of the lord. 
 The usual method of transferring copyholds 
 was by a surrender of the copyhold to the 
 lord, to the use of the intended transferee, 
 and the acceptance of him by the lord. 
 
 SURRENDER OF CRIMINALS. The act 
 by which the public authorities deliver a 
 person accused of a crime, and who is found 
 in their jurisdiction, to the authorities with- 
 in whose jurisdiction it is alleged the crime 
 has been committed. See "Extradition." 
 
 SURRENDER TO USES OF WILL. A 
 right of copyholders in some manors to de- 
 vise their copyholds by surrendering them 
 to the uses of their wills during their lives. 
 
 SURRENDEREE. One to whom a surren- 
 der has been made. 
 
 SURRENDEROR. One who makes a sur- 
 render; as, when the tenant gives up the 
 estate and cancels his lease before the ex- 
 piration of the term. One who yields up a 
 freehold estate for the purpose of convey- 
 ing it. 
 
 SURREPTITIOUS. That which is done in 
 a fraudulent, stealthy manner. 
 
 SURROGATE (Lat. surrogatus, from suh- 
 rogcvre, or surrogare, to substitute) . 
 
 In English Law. A deputy or substi- 
 tute of the chancellor, bishop, ecclesiastical 
 or admiralty judge, appointed by him. He 
 must take an oath of office. He can grant 
 licenses, hold courts, and adjudicate cases to 
 the same extent and with the same author- 
 ity as his principal, provided his grant of 
 powers has been coextensive with those pos- 
 sessed by his principal. The office has arisen 
 by usage, but it is sanctioned by canon 128, 
 and recognized by St. 26 Geo. II. c. 33, 56 
 Geo. III. c. 82, and 10 Geo. IV. c. 53, by 
 which latter act it was provided that the 
 surrogates of the arches and consistory of 
 London are to continue after the death of 
 the judges of those courts till new appoint- 
 ments are made. 1 Phillim. Ecc. Law, 206; 
 3 Bum, Ecc. Law, 667. 
 
 In American Law. A term used in 
 
 some states to denote the judge to whom 
 jurisdiction of the probate of wills, the grant 
 of administration, and of guardianship is 
 confided. In some states, he is called "sur- 
 rogate," in others, "judge of probate," "reg- 
 ister," "judge of the orphans' court," etC. 
 He is ordinarily a county officer, with a 
 local jurisdiction limited to his county. 
 
 Court. In the United States. A state 
 
 tribunal, with similar jurisdiction to the 
 court of ordinary, court of probate, etc. 
 (g. V.) relating to matters of probate, etc. 
 2 Kent, Comm. 406, note (b) . 
 
 SURSISA (Law Lat. from Law Fr. sur- 
 sise, q. v.) In old English law. Neglect; 
 default. Potest defendere summonitionem 
 
 et sursisam, he may defend [deny] the sum- 
 mons and the default. Bracton, fol. 356. 
 
 SURSISE (Law Pr. from sursiser, q. v.) 
 In old English law. Neglect; omission; de- 
 fault; a ceasing or cessation. De somounsea, 
 et de sursises, et de essoines. Britt. c. 120. 
 E ki le cri orat e sursera, la sursiae li Rei 
 amend, and whoever hears the cry [hue and 
 try], and neglects to pursue it, shall make 
 amends for the neglect to the king. LL. 
 Gul. Conq. lib. 48. 
 
 SURSISER, or SURCESSER (Law Fr.) 
 To neglect; to omit doing a thing; to sur- 
 cease; to fail to obey process. _ Si levesque 
 sursist nostre somounse, si soit attache de 
 verier par destresse, if the bishop fail to 
 obey our summons, he shall be attached to 
 appear by distress. Britt. c. 26. See "Sur- 
 sise." 
 
 SURSUM REDDERE (Law Lat.) In old 
 conveyancing. To render up; to surrender. 
 See "Sursum Redditio." 
 
 SURSUM REDDITIO (Law Lat.) In old 
 conveyancing. A surrender. The yielding 
 up of an estate for life or years to him 
 that hath an immediate estate in reversion 
 or remainder, wherein the estate for life or 
 years may drown by mutual agreement be- 
 tween them. A surrender must be by mu- 
 tual agreement of the parties. 91 111. App. 
 520. 
 
 SURVEY. The act by which the quantity 
 of a piece of land is ascertained. An instru- 
 ment sui generis, in the nature of a parti- 
 tion ; a customary mode in which a proprie- 
 tor has set off to himself, in severalty a part 
 of the common estate. 56 N. J. Law 237. 
 The paper containing a statement of the 
 courses, distances, and quantity of land is 
 also called a "survey." 
 
 By "survey" is also understood an exam- 
 ination ; as, a survey has been made of your 
 house, and now the insurance company will 
 insure it. 
 
 A plan and description of the present 
 existence, state, condition, and mode of use 
 of the insured property. 179 Mich. 443, 
 463. 
 
 SURVEYOFAVESSEL. An examination 
 of a vessel to determine her condition. It 
 is frequently had where some disaster has 
 befallen the ship before proceeding to make 
 repairs, or take measures for saving her. 
 
 SURVIVE. Ordinarily means to live 
 longer than some other individual, but it 
 may mean to continue to live beyond a speci- 
 fied period, event or condition. 220 111. 511. 
 
 It imports that the person who is to sur- 
 vive must be living at the death of the per- 
 son whom, or at the happening of the event 
 which, he is to survive. To outlive. "To 
 live after" is somewhat ambiguous. See 
 "Survivor." 35 L. J. Ch, 640; L. R. 2 Eq. 
 341. 
 
SURVIVOR 
 
 987 
 
 SUSPENSIVE CONDITION 
 
 SURA^VOR* One who survives another; 
 one who ontUves another; one of two or 
 more persons who lives after the other or 
 others havei deceased; the longest liver of 
 two or more joint tenants, or of any two or 
 more persons who have a joint interest in 
 anything. See 2 Bl. Comm. 183, 184. 
 
 One or more of certain individuals named 
 or referred to, who are living when any 
 other or others of them happen to die. See 
 
 1 Cush. (Mass.) 118; 11 Grat. (Va.) 67. 
 This is the natural and proper meaning 
 
 of the term, which is usually given to it 
 by the courts, in the construction of wills. 
 
 2 Jarm. Wills, 609-616 (435-439, Perkins' 
 Ed. 1849). In some cases, however, "sur- 
 vivor" has been construed to mean "other," 
 where it has appeared necessary in order 
 to rive effect to the apparent intention of 
 the testator. See Id. 616-619 (440-442, 
 Perkins' Ed.) ; 2 Williams, Ex'rs, 1256. See 
 "Survive." 
 
 SURVIVORSHIP. The living of one of 
 two or more persons after the death of the 
 other or others. 
 
 Survivorship is where a person becomes 
 entitled to property by reason of his having 
 survived another person who had an interest 
 in it. The most familiar example is in the 
 case of joint tenants, the rule being that, on 
 the death of one of two joint tenants, the 
 whole property passes to the survivor. 
 
 SURVIVORSHIP, CLAUSE OF. An ex- 
 press clause in a devise or deed of gift to 
 tenants in common that the property is to 
 go to the survivor. Sometimes called the 
 "clause of accruer." 
 
 SUS' PER COLL'. In English law. In the 
 English practice, a calendar is made out of 
 attainted criminals, and the judge signs the 
 calendar with their separate judgments in 
 the margin. In the case of a capital felony, 
 it is written opposite the prisoner's name, 
 "Let him be hanged by the neck," which, 
 when the proceedings were in Latin, was 
 "suspendatur per eollum," or, in the abbre- 
 viated form, "Sms' per coll'." 4 Bl, Comm. 
 403. 
 
 SUSPEND. The word "suspend" in its 
 natural significance rather imports some- 
 thing which may not be permanent, than 
 that which necessarily is so; but which, 
 while it ordinarily implies a temporary ces- 
 sation, may, in certain connections, imply a 
 termination. 167 Mich. 123, 131. 
 
 SUSPENDER. In Scotch law. He in 
 whose favor a suspension is made. 
 
 In general, a suspender is required to 
 give caution to pay the debt in the event it 
 shall be found due. Where the suspender 
 cannot, from his low or suspected circum- 
 stances, procure unquestionable security, the 
 lords admit juratory caution; but the rea- 
 sons of suspension are in that case to be 
 considered with particular accuracy at pass- 
 tag the bill. Act 8 Nov. 1682; Ersk. Inst. 
 4.3.6. 
 
 SUSPENDERE (Law Lat.) In old English 
 law. To hang; to execute by hanging. Sus- 
 pensus, hanged. See "Sus' per Coll'." 
 
 SUSPENSE. When a rent, profit a pren- 
 dre, and the like, are, in consequence of the 
 unity of possession of the rent, etc., of the 
 land out of which they issue, not in esse for 
 a time, they are said to be in suspense, tunc 
 dormiunt; but they may be revived or 
 awakened. Co. Litt. 313a. 
 
 SUSPENSION. A temporary stop of a 
 right, of a law, and the like. 
 
 In times of war, the habeas corpus act 
 may be suspended by lawful authority. 
 
 There may be a suspension of an officer's 
 duties or powers when he is charged with 
 crimes. Wood, Inst. 510. 
 
 Suspension of a right in an estate is a 
 partial extinguishment, or an extinguish- 
 ment for a time. It differs from an extin- 
 guishment in this, a suspended right may 
 be revived; one extinguished is absolutely 
 dead. Bac. Abr. "Extinguishment" (A). 
 
 The suspension of a statute for a limited 
 time operates so as to prevent its operation 
 for the time; but it has not the effect of a 
 repeal. 3 Ball. (Pa.) 365. 
 
 In Scotch Law. That form of law by 
 
 which the effect of a sentence condemnatory, 
 that has not yet received execution, is stayed 
 or postponed till the cause be again consid- 
 ered. Ersk. Inst. 4. 3. 5. Suspension is 
 competent, also, even where there is no de- 
 cree, for putting a stop to any illegal act 
 whatsoever. Ersk. Inst. 4. 3. 7. 
 
 Letters of suspension bear the form of a 
 summons, which contains a warrant to cite 
 the charter. 
 
 In Ecclesiastical Law. An ecclesias* 
 
 tical censure, by which a spiritual person is 
 either interdicted the exercise of his ecclesi- 
 astical function, or hindered from receiving 
 the profits of his benefice. It may be par- 
 tial or total; for a limited time, or forever, 
 when it is called "deprivation" or "amotion." 
 Ayliffe, Par. 501. 
 
 SUSPENSION OF A RIGHT. The act by 
 which a party is deprived of the exercise of 
 his right for a time. 
 
 When a right is suspended by operation, 
 of law, the right is revived the moment the 
 bar is removed; but when the right is sus- 
 pended by the act of the party, it is gone 
 forever. 
 
 SUSPENSION OF ARMS. An agreement 
 between belligerents, made for a short time, 
 or for a particular place, to cease hostili- 
 ties between them. 
 
 SUSPENSION, PLEAS IN. Those alleg- 
 ing matter of temporary incapacity to pro- 
 ceed with the action. Steph, PI. 45. 
 
 SUSPENSIVE CONDITION. One which 
 prevents a contract from going into opera- 
 tion until it has been fulfilled; as, if I 
 promise to pay you one thousand dollars on 
 condition that the ship Thomas Jefferson 
 
SUSPICION 
 
 988 
 
 SYNALLAGMATIC CONTRACT 
 
 shall arrive from Havre, the contract is sus- 
 pended until the arrival of the ship. 1 Bouv. 
 Inst, note 731. 
 
 SUSPICION. That state of mind which 
 in a reasonable man would lead to inquiry. 
 137 Wis. 66, 73. 
 
 SUSUM. In old Buropeain records. A 
 form of the Lat. sursum, up, upwards. 
 
 SUUM CUIQUE TRIBUERE (Lat.) To ren- 
 der unto every man that which belongs to 
 him. One of the three precepts to which 
 Justinian said that the law might be re- 
 duced. Inst. 1. 1. 3. The others are ah- 
 terum non laedere and honeste vivere (,q. v.) 
 
 SUUS HAERES (Lat.) In civil law. The 
 proper heir, as it were, not called in from 
 outside. 
 
 Those descendants who were under the 
 power of the deceased at the time of his 
 death, and who are most nearly related to 
 him. Calv. Lex. 
 
 SUUS JUDEX (Lat.) In old EJngllsh law. 
 A proper judge; a judge having cognizance 
 of a cause. Literally, one's own judge. 
 Bracton, fol. 401. 
 
 SUZEREIGN (Norman Fr. suz, under, 
 and re or rey, king) . A lord who possesses 
 a fief whence other fiefs issue. Diet, de 
 r Academie Prangaise. A tenant in capite 
 or immediately under the king. Note 77 
 of Butler & Hargrave's notes, Co. Litt. lib. 
 
 SWAIN MOTE, SWEIN MOTE, or SWAIN 
 gemote (from Saxon swang, an attendant, or 
 boclandman, or freeholder, and mote, or ge- 
 mote, a meeting). In forest law. A court 
 holden before the verderors, as judges, by 
 the steward of the swein mote, thrice in 
 every year, the sweins or freeholders with- 
 in the forest composing the jury. Its prin- 
 cipal jurisdiction is, first, to inquire into 
 the oppressions and grievances committed 
 by the officers of the forest, and, secondly, 
 to receive and try presentments certified 
 from the court of attachments against of- 
 fenses in vert and venison. 3 Bl. Comm. 
 71, 72; Cowell. 
 
 cerning his connection with crime or knowl- 
 edge thereof, after he has been arrested and 
 in custody, by plying him with questions or 
 by threats or other wrongful means, ex- 
 torting from him information to be used 
 against him as testimony upon his trial for 
 such alleged crime. 153 Ky. 412, 155 S. W. 
 1131, Ann. Cas. 1915C 134. 
 
 SWINDLER. A cheat; one guilty of de- 
 frauding divers persons. 1 Term E. 748; -2 
 H. Bl. 531; Starkie, Sland. & L. 135. See 
 10 How. Pr. (N. Y.) 128. 
 
 Swindling is usually applied to a transac- 
 tion where the guilty party procures the de- 
 livery to him, under a pretended contract, of 
 the personal property of another, with the 
 felonious design of appropriating it to his 
 ovm use. -2 Russ. Crimes, 130; Alis. Crim. 
 Law Sc. 250; 2 Mass. 406, 
 
 SWORN BROTHERS. Persons who, by 
 mutual oaths, covenant to share in each 
 other's fortunes. See Sedg. Edw. Conf. c. 
 35. 
 
 SYB AND SOM (Saxon). Peace and se- 
 curity. Words occurring in the laws of Ca- 
 nute. Eallum, Cristenum, mannum syb and 
 som gemene, to all Christian men let there 
 be common peace and security. LL. Ecc. 
 Canuti R. c. 17. 
 
 SYLLABUS. A headnote of a reported 
 decision, briefly stating a conclusion on a 
 point of law presented in the case. 
 
 SYLVA CAEDUA (Lat.) In ecclesiastical 
 law. Wood of any kind which was kept on 
 purpose to be cut, and which, being cut, 
 grew again from the stump or root. Lyndw. 
 Prov. 190; 4 Reeve, Hist. Eng. Law, 90. 
 
 SYMBOLAEOGRAPHY. The art or cun- 
 ning rightly to form and make written in- 
 struments. It is either judicial or extra- 
 judicial; the latter being wholly occupied 
 with puch instruments as concern matters 
 not yet judicially in controversy, such as 
 instruments of agreements or contracts, and 
 testaments or last wills. Wharton. 
 
 SWEAR. To take an oath administered 
 by some officer duly empowered. See "Af- 
 firmation;" "Oath." 
 
 To use such profane language as is for- 
 bidden by law. This is generally punished 
 by statutory provinces in the several states. 
 See "Profaneness." 
 
 SWEARING THE PEACE. Showing to a 
 magistrate that one has just cause to be 
 afraid of another in consequence of his 
 menaces, in order to have him bound over 
 to keej) the peace. See "Surety of the 
 
 SWEATING. The questioning of a per- 
 son m custody charged with crime in an at- 
 tempt to obtain from 'him information con- 
 
 SYMBOLIC DELIVERY. The delivery of 
 some thing as a representation or sign of 
 the delivery of some other. 
 
 Where an actual delivery of goods cannot 
 be made, a symbolical delivery of some par- 
 ticular thing, as a halfpenny, will vest the 
 property equally with an actual delivery. 
 Long, Sales, 162; 8 How. (U. S.) 399; 6 
 Md. 10; 19 N. H. 419; 39 Me. 496; 11 Cush. 
 (Mass.) 282; 3 Cal. 140. 
 
 SYMBOLUM ANIMAE. A mortuary, or 
 soul scot. 
 
 SYMOND'S INN. Formerly an inn of 
 chancery. 
 
 SYNALLAGMATIC CONTRACT. In the 
 civil law. A bilateral or reciprocal contract, 
 in which the parties expressly enter into mu- 
 
SYNCOPARE 
 
 989 
 
 SYR 
 
 tual engagements, each binding himself to 
 the other. Such are the contracts of sale, 
 hiring, etc. Pothier Obi. part 1, c. 1, sect. 
 1, art 2. Civil Code of Lotiis. Art. 1758. 
 
 SYNCOPARE. To cut short, or pronounce 
 things so as not to be understood. Cowell. 
 
 SYNDIC. In French law. The assignee 
 of a bankrupt. 
 
 One who is chosen to conduct the affairs 
 and attend to the concerns of a body cor- 
 porate or community. In this sense, the 
 word corresponds to director or manager. 
 Rodman, Notes to Code de Com. p. 351; Civ. 
 Code La. art. 429 ; Dalloz. 
 
 SYNDICATE. Persons united for the pur- 
 pose of an enterprise too large for individ- 
 uals to undertake, 
 
 A group of financiers who buy up the 
 shares of a company in order to sell them 
 at a profit by creating a scarcity. See 108 
 Pa. St. 162. 
 
 SYNDICUS (Greek). One chosen by a 
 
 college, municipality, etc., to defend its 
 cause. Calv. Lex. See "Syndic." 
 
 SYN GRAPH (Greek). A deed, boHd, or 
 other instrument of writing, under the hand 
 and seal of all the parties. It was so called 
 because the parties "wrote together." 
 
 Formerly such writings were attested by 
 the subscription and crosses of the wit- 
 nesses; afterwards, to prevent frauds and 
 concealments, they made deeds of mutual 
 covenant in a script and rescript, or in a 
 part and counterpart, and in the middle be- 
 tween the two copies they wrote the word 
 syngraphus in large letters, which, being 
 cut through the parchment, and one beipg 
 delivered to each party, on being afterwards 
 put together, proved their authenticity. 
 
 Deeds thus made were denominated syn- 
 graphs by the canonists, and by the common 
 lawyers, chirographs. 2 Bl. Comm. 296. 
 
 SYNOD. An ecclesiastical assembly. 
 
 SYR (Law Fr.) Sir. A word used by coun- 
 sel in addressing a court; Keilw. 170b. 
 Year Books, passim. 
 
990 
 
 TABULAE NUPTIALES 
 
 T. An abbreviation of Termino, or Term, 
 in the old reports. 
 
 An abbreviation of Teste, in old vfrits. 
 1 Inst. Cler. 13. 
 
 T. Every person who was convicted of 
 felony, short of murder, and admitted to the 
 benefit of clergy, was at one time marked 
 with this letter upon the bravyn of the 
 thumb. The practice is abolished. 7 & 8 
 Geo. IV. c. 27. 
 
 T. R. E. In old records, tempore Regis Ed- 
 wardi, in the time of King Edward. Of 
 common occurrence in Domesday Book, 
 where the valuation of manors as it was in 
 the time of Edward the Confessor is re- 
 counted. 
 
 TABARD. A short gown; a herald's coat; 
 a sur coat. 
 
 TABARDER. One who wears a tabard or 
 short govsm. The name is still used as the 
 title of' certain bachelors of arts on the old 
 foundation of Queen's College, Oxford. Enc. 
 Lond. 
 
 TABELLA (Lat.) In civil law. A small 
 table on which votes were often vsrritten. 
 Cicero, in Hull. 2. 2. Three tablets were 
 given to the judges; one with the letter "A" 
 for absolutio, one with "C" for condemna- 
 tio, and one with "N L" for non liquet, not 
 proven. Calv. Lex. 
 
 TABELLIO (Lat.) In Roman Law. An of- 
 ficer among the Romans, who reduced to 
 writing, and into proper form, agreements, 
 contracts, wills, and other instruments, and 
 witnessed their execution. 
 
 The term tabellio is derived from the 
 Latin tabida,, seu tabella, which, in this 
 sense, signified those tablets or plates cov- 
 ered with wax which were then used in- 
 stead of paper. 8 Toullier, Dr. Civ. note 
 53; Delauriere, sur Ragneau, Notaire. 
 
 Tabelliones differed from notaries in 
 niany respects. They had judicial juris- 
 diction in some cases, and from their judg- 
 ments there were no appeals. Notaries 
 ■weve then the clerks or aiders of the tabel- 
 liones; they received the agreements of the 
 parties, which they reduced to short notes; 
 and these contracts were not binding until 
 they were written in extenso, which "wSs 
 done by the tabelliones. Enc. de M. D'Alem- 
 bert, "Tabellion;" Jacob, "Tabellion;" Mer- 
 lin, Repert. "Notaire," § 1; 3 Giannone, 
 Istoria di Napoli, p. 86. 
 
 TABERNA (Lat. from tabula, a board). 
 
 '" the Civil Law. A shop, as being 
 
 inclosed with boards (quod tabulis elaudi- 
 tur). Dig. 14. 3. 3; Id. 14. 3. 5. 10. 13: Id. 
 14. 3. 8; Id. 14. 3. 13. 2; Id. 14. 3. 18. 
 
 Any building fit for habitation \omne 
 
 utile ad habitandum aedificium). Dig. 50. 
 16. 183. 
 
 A wine shop. Calv. Lex. 
 
 In Old English Law. A drinking 
 
 house; a tavern. Taverns and wakes {taber- 
 nae vigiliaeque) are spoken of in Fleta as 
 places of nocturnal resort by servants, to 
 the neglect of their duties. Fleta, lib. 2,> 
 c. 72, § 9. And see Id. c. 82, § 3. 
 
 TABERNACULUM (Law Lat.) In old rec- 
 ords. A public inn or house of entertain- 
 ment. Consuet. Dom. de Farendon, MS. 
 fol. 48; Cowell. 
 
 TABERNARIUS (Lat. from tabexna, a 
 shop). ^ 
 
 In the Civil Law. A shop keeper. Dig. 
 
 14. 3. 5. 7. 
 
 In Old English Law. A taverner or 
 
 tavern keeper. Fleta, lib. 2, c. 12, § 17. 
 
 TABLE DE MARBRE (Fr.) In old French 
 law. Table of Marble; a principal seat of 
 the admiralty, so called. These Tables de 
 Marbre are frequently mentioned in the 
 Ordonnance of the Marine. Ord. Mar. liv. 
 1, tit. 1, art. 10; Id. tit. 2, art. 13; Id. tit. 
 3, art. 3. 
 
 TABLE RENTS. Rents paid to bishops 
 and other ecclesiasticSj appropriated to 
 their table or housekeeping. Jacob. 
 
 TABLES. A synopsis in which many par- 
 ticulars are brought together in a general 
 view, as, genealogical tables, which are com- 
 posed of the names of persons belonging to 
 a family. 2 Bouv. Inst, notes 1963, 1964. 
 
 TABLEAU OF DISTRIBUTION. In 
 Louisiana. A list of creditors of an in- 
 solvent estate, stating what each is entitled 
 to. 4 Mart. (La.; N. S.) 535. 
 
 TABULA IN NAUFRAGIO (Lat. a plank 
 in a wreck). In English law. A figurative 
 term used to denote the power of a third 
 mortgagee, who, having obtained his mort- 
 gage without any knowledge of a second 
 mortgage, may acquire the first incum- 
 brance, and squeeze out and have satisfac- 
 tion before the second. 2 Ves. Jr. 573; 2 
 Fonbl. Eq. bk. 3, c. 2, § 2; 2 Vent. 337; 1 
 Chanc. Cas. 162; 1 Story, Eq. Jur. §§ 414, 
 415. See "Tacking." 
 
 TABULAE. In civil law. Contracts and 
 written instruments of all kinds, especially 
 wills. So called because originally written 
 on tablets and with wax. Calv. Lex. 
 
 TABULAE NUPTIALES. In the civil law. 
 A written record of a marriage; or the 
 agreement as to the dos. 
 
TABULARIUS 
 
 991 
 
 TAKER 
 
 TABULARIUS. In the civil law. A 
 notary. 
 
 TAC. A kind of customary payment by a 
 tenant. Blount, Ten. 155. 
 
 TAC FREE. Free from payments, etc.; 
 e. g., "tac free de omnibus propriis porcis 
 suis infra metas de C," i. e., paying noth- 
 ing for his hogs running within that limit. 
 Jacob. 
 
 TACIT (from Lat. taceo, to be silent). 
 That which, although not expressed, is un- 
 derstood from the nature of the thing, or 
 from the provision of the law; implied. 
 
 TACIT LAW. A law which derives its 
 authority from the common consent of the 
 people without any legislative enactment. 
 1 Bouv. Inst. 120. 
 
 TACIT RELOCATION. In Scotch law. 
 The tacit or implied renewal of a lease 
 when the landlord, instead of warning a 
 tenant, has allowed him to continue with- 
 out making a new agreement. Bell, Diet. 
 "Relocation." 
 
 TACIT TACK. See "Tacit Relocation." 
 
 TACITA QUAEDAM HABENTUR PRO 
 expressis. Certain things, though unex- 
 pressed, are considered as expressed. 8 
 Coke, 40. 
 
 TACITE (Lat.) Silently; Impliedly; tac- 
 itly. 
 
 TACK. In Scotch law. A contract of lo- 
 cation by which the use of land or any 
 other immovable subject is let to the lessee 
 or tacksman for a certain yearly rent, 
 either in money, the fruits of the ground, 
 or services. Ersk. Inst. 2. 6. 8. This word 
 is nearly synonymous with "lease." 
 
 TACK DUTY. Rent reserved upon a lease. 
 
 TACKING. 
 
 Of Securities. The union of securi- 
 ties given at different times, so as to pre- 
 vent any intermediate purchaser's claim- 
 ing title to redeem or otherwise discharge 
 one lien, which is prior, without redeemin:g 
 or discharging other liens, also which are 
 subsequent, to his own title. Jeremy, Eq. 
 Jur. bk. 1, c. 2, § 1, pp. 188-191; 1 Story, 
 Eq. Jur. § 412. 
 
 The doctrine is not recognized in the 
 United States. 37 Vt. 345. 
 
 Of Possession. The connecting of 
 
 successive possessions by persons in privity, 
 so as to make a continuous adverse posses- 
 sion. 80 Hun (N. Y.) 287. 
 
 TACKSMAN. In Scotch law. A tenant. 
 
 TACTIS SACROSANCTIS (Law Lat.) In 
 old English law. Touching the holy (evan- 
 gelists). Pleta, lib. 3, c. 16, § 21. "A 
 bishop may swear visis evangeliis (looking 
 at the Gospels), and not tactis, and it is 
 good enough." Vaughan, C. J., Freem. 133. 
 
 TACTIS SACROSANCTIS SCRIPTURIS 
 
 (Lat.) In old European law. Touching 
 the holy Scriptures. Feud. lib. 2, tit. 2, pr. 
 Sacrosanctis evangeliis tactis. Code, 3. 1. 
 14. 1. 
 
 TACTO PER SE SANCTO EVANGELIC 
 (Law Lat.) Having personally touched the 
 holy Gospel. Cro. Eliz. 105. The descrip- 
 tion of a corporal oath. 
 
 TAIL. See "Estates." 
 
 TAIL AFTER POSSIBILITY OF ISSUE 
 extinct The estate of a surviving tenant 
 in special tail after the death, without sur- 
 viving issue, of the person from whose body 
 the issue to inherit was to spring. 2 Bl. 
 Comm. 124. 
 
 TAIL FEIVIALE. An estate tail limited to 
 the female heirs of the donee. 
 
 TAIL GENERAL. An estate tall granted 
 to one and the heirs of his body in general. 
 2 Bl. Comm. 113. 
 
 TAIL MALE. An estate tall limited to the 
 male heirs of the donee. 
 
 TAIL SPECIAL. An estate tail granted to 
 one and certain only of the heirs of his 
 body, as those to be begotten on his then 
 wife. 2 Bl. Comm. 113. 
 
 TAILLE (French). 
 
 In Old Frencli Law. A tax or assess- 
 ment levied by the king, or by any great 
 lord, upon his subjects. Brande. 
 
 In Old English Law. The fee which 
 
 is opposed to fee simple, because it is so 
 minced or pared that it is not in the owner's 
 free power to dispose of it, but it is, by the 
 first giver, cut or divided from all other, 
 and tied to the issue of the donee, — in short, 
 an estate tail. 
 
 TAILZIE. In the Scotch law, an arbitrary 
 line of succession laid down by a proprietor, 
 in substitution of a legal line of succession. 
 A deed of tailzie creates a Scotch entail by 
 which, until 11 & 12 Vict. c. 36, 16 & 17 
 Vict. c. 94, and 31 & 32 Vict. c. 84, an estate 
 might be tied up forever. See, also, 38 & 
 39 Vict. c. 61. 
 
 TAINT. Attainder (q. v.) 
 
 TAKE. A technical expression which sig- 
 nifies to receive; as, a devisee will take un- 
 der the will. The devisee takes only when 
 the possession of the testator has ceased. 
 41 N. J. Law, 70. 
 
 To seize; as, to take and carry away, 
 either lawfully or unlawfully. 
 
 To choose; e. g., ad capiendas assisas, to 
 choose a jury. 
 
 To obtain;, e. g., to take a verdict in 
 court, to get a verdict, 
 
 TAKER. One to whom an estate comes. 
 The "first taker" is he who holds the im- 
 
TAKING 
 
 992 
 
 TALTAEUM'S CASE 
 
 mediate estate, with expectant estates fol- 
 lowing, or the first of a line of grantees. 
 
 TAKING. An element of "larceny"' (g. v.) 
 
 TALE. In English law. The ancient 
 name of the declaration or count. 3 Bl. 
 Comm. 293. 
 
 TALES (Lat. talis, such, like). In prac- 
 tice. A number of jurors added to a de- 
 ficient panel suflBcient to supply the de- 
 ficiency. 
 
 A list of such jurymen as were of the 
 tales, kept in the king's bench ofiice in Eng- 
 land. 
 
 TALES DE CIRCUMSTANTIBUS (Lat. a 
 like number of the bystanders). A suffi- 
 cient number of jurors selected from the 
 bystanders to supply a deficiency in the 
 panel. 
 
 The order of the judge for taking such 
 bystanders as jurors. 
 
 Whenever, from any cause, the panel of 
 jurors is insufficient, the judge may issue 
 the above order, and the officer immediately 
 executes it. See 2 Hill (S. C.) 381; 2 Pa. 
 St. 412; Coxe (N. J.) 283; 1 Blackf. (Ind.) 
 63; 2 Har. & J. (Md.) 426; 1 Pick. (Mass.) 
 43, note. The number to be drawn on suc- 
 cessive panels is in the discretion of the 
 court. 17 Ga. 497. 
 
 TALESMAN. A person summoned to act 
 as a juror from among the bystanders in 
 the court. 
 
 TALIO (Lat. from talis, such, like). In 
 the civil law. Like for like; punishment in 
 the same kind; the punishment of an in- 
 jury by an act of the same kind, as an eye 
 for an eye, a limb for a limb, etc. Called 
 simUitudo supplicii, likeness of punishment; 
 reciproca poena, reciprocal punishment. 
 Calv. Lex.; Adams, Rom. Ant. 291. 
 
 TALIS INTERPRETATIO SEMPER Fl- 
 enda est, ut evitetur absurdum, et incpn- 
 veniens, et ne judicium sit illusorlum. In- 
 terpretation is always to be made in such a 
 manner that what is absurd and incon- 
 venient is to be avoided, and so that the 
 judgment be not nugatory. 1 Coke, 52. 
 
 TALIS NON EST EADEM, NAM NUL- 
 lum simile est idem. What Is like is not 
 the same, for nothing similar is the same. 4 
 Coke, 18. 
 
 TALIS RES, VEL TALE RECTUM, QUAE 
 vel quod non est in homine adtunc super- 
 stite sed tantummodo est et consistit In 
 consideratione et intelligentia legis, et quod 
 alii dixerunt talem rem vel tale rectum fore 
 in nubibus. Such a thing or such a right 
 as is not vested in a person then living, 
 but merely exists in the consideration and 
 contemplation of law, is said to be in abey- 
 ance, and others have said that such a 
 thing or such a right is in the clouds. Co. 
 Litt. 342. 
 
 TALITER PROCESSUM EST. Upon 
 pleading the judgment of an inferior court, 
 the proceedings themselves, and this gen- 
 eral judgment, and ofl which the same 
 was founded, must, to some extent, appear 
 in the pleading, but the rule is that they 
 may be alleged with a general allegation 
 that "such proceedings were had," instead 
 of a detailed account of the proceedings 
 themselves, and this general allegation is 
 called the "taliter processum est." A like 
 concise mode of stating former proceedings 
 in a suit is adopted at the present day in 
 chancery proceedings upon petitions, and in 
 actions in the nature of bills of revivor and 
 supplement. Brown. 
 
 TALLAGE (Fr. tailler, to cut). In Eng- 
 lish law. A term used to denote subsidies, 
 taxes, customs, and, indeed, any imposition 
 whatever by the government for the pur- 
 pose of raising a revenue. Bae. Abr. 
 "Smuggling, etc." (B) ; Fortescue de Laud. 
 26; Madd. c. 17; 2 Inst. 531, 532; Spelman. 
 
 TALLAGERS. Tax or toll gatherers; men- 
 tioned by Chaucer. 
 
 TALLAGIUM (perhaps from French 
 taille, cut off). A term including all taxes. 
 2 Inst. 532; Stat, de tal. non Concedendo, 
 temp. Edw. I.; Stow, Annals, 445; 1 Bl. 
 Comm. 311*. Chaucer has talaigiers for 
 "tax gatherers." 
 
 TALLAGIUM FACERE. To give up ac- 
 counts in the exchequer, where the method 
 of accounting was by tallies. 
 
 TALLATIO. A keeping account by tal- 
 lies. Coweli. 
 
 TALLIA. Commons in meat or drink; tax 
 or tribute. 
 
 TALLY (Fr. tailler; Ital. tagliare, i. e., 
 scindere, to cut off). A stick cut into two 
 parts, on each whereof is "marked, with 
 notches or otherwise, what is due between- 
 debtor and creditor. Hence the tallier of the 
 exchequer is now called the "teller." Lex. 
 Const. 205; Coweli. One party must have 
 one part, and the other the other, and they 
 must match. Tallies in the exchequer are 
 abolished by 2 Geo. III. c. 82. There was 
 the same usage in France. Diet, de I'Acad. 
 Franc; Poth. Obi. pt. 4, c. 1, art. 2, § 8. 
 
 TALLY TRADE. A system of dealing, by 
 which dealers furnish certain articles on 
 credit, upon an agreement for the payment 
 of the stipulated price by certain weekly or 
 monthly installments. McCuUoch, Diet. A 
 tally was a common security for money in 
 the day of Edw. I. 2 Reeve, Hist. Eng. Law, 
 c. xi. p. 253. 
 
 TALTARUM'S CASE. A case reported in 
 Y. B. 12 Edw. IV. 19-21, which is said to 
 have established the foundation of common 
 recoveries, and their efficacy to bar an en- 
 tail. 
 
TALaiE 
 
 993 
 
 TAX 
 
 TAUZIE. See "TaUzle." 
 
 TAM QUAM. A phrase used where a pro- 
 ceeding is applied or referred to two things 
 or persons. 
 
 A writ of error from inferior courts, when 
 the error is supposed to be as well in giving 
 the judgment as in awarding execution upon 
 it. Tam in redditione judidi, quam in adju- 
 dicatione executionis. 
 
 A venire tam quam was one by which a 
 jury was summoned, as well to try an issue 
 as to inquire of the damages on a default. 
 2 Tidd, Prac. 722, 895. 
 
 TAM EN (Lat.) Notwithstanding; never- 
 theless; yet. 
 
 TANGIBLE PROPERTY. That which may 
 be felt or- touched. It must necessarily be 
 corporeal, but it may be real or personal. 
 
 TANISTRY (athanis). In Irish law. A 
 species of tenure founded on immemorial 
 usage, by which lands, etc., descended seniori 
 et dignissimo viri sanguinis et cognominis, 
 i. e., to the oldest and worthiest man of the 
 blood and name. Jacob. 
 
 TANTEO (Spanish). In Spanish law. Pre- 
 emption. White, New Recop. bk. 2, tit. 2, 
 c. 3. 
 
 TANTUM BONA VALENT, QUANTUM 
 vendi possunt. Things are worth what they 
 will sell for. 3 Inst. 305. 
 
 TARDE VENIT (Lat.) In practice. The 
 name of a return made by the sheriff to a 
 writ, when it came into his hands too late to 
 be executed before the return day. 
 
 The sheriff is required to show that he has 
 yielded obedience to the writ, or give a good 
 excuse for his omission; and he may say, 
 quod breve adeo tarde venit quod exequi non 
 possunt. It is usual to return the writ with 
 an indorsement of tarde venit. Comyn, Dig. 
 "Retorn" (D 1). 
 
 TARE. An allowance in the purchase and 
 sale of merchandise for the weight of the 
 box, bag, or cask, or other thing, in which 
 the goods are packed. It is also an allow- 
 ance made for any defect, waste, or diminu- 
 tion in the weight, quality, or quantity of 
 goods. It differs from "tret" (g. v.) 
 
 TARIFF. Customs, duties, toll, or tribute 
 payable upon merchandise to the general 
 government are called "tariff." The rate of 
 customs, etc., also bears this name, and the 
 list of articles liable to duties is also called 
 the "tariff," 
 
 TASSARE (Law Lat.) In old English law. 
 To stack; to heap up. 
 
 TASSUM (Tassa. L. Lat) In old Eng- 
 lish law. A heap; a hay-mow, or hay-stack. 
 
 TAURI LIBER! LIBERTAS. A common 
 bull, because he was free to all the tenants 
 within such a manor, liberty, etc. 
 
 TAVERN. A place of entertainment; a 
 house kept up for the accommodation of 
 strangers. Webster. Originally, a house 
 for the retailing of liquors to be drunk on 
 the spot. Webster. 
 
 In almost all the states, the word has 
 come to mean the same as "inn," with no 
 particular reference to the sale of liquors. 
 See 2 Kent, Comm. (9th Ed.) 597*, note 
 (a) ; 5 N. H. 258. 
 
 Tavern, hotel, inn and public house are 
 in this country used synonymously; and 
 while they entertain the traveling public, 
 and keep guests, and receive compensation 
 therefor, they do not lose their character, 
 though they may not have the privilege of 
 selling liquors. The distinction, as respects 
 inn and tavern keepers, observed in England 
 under the common law, does not exist with 
 us, and different names are applied to them, 
 though "hotel" and "house" are usually and 
 commonly used to denote a higher order of 
 public houses than the ordinary tavern or 
 inn. The word "tavern" includes all hotels 
 and houses that entertain and accommodate 
 the public for compensation. 46 Mo. 593, 
 Ann. Cas. 1914B 874, note. 
 
 TAVERN KEEPER. An innkeeper (g. u) 
 
 TAVERNER. (Law Fr. and Eng.; Fr. 
 tavernier, from taverne). In old English 
 law. A seller of wine ; one who kept a house 
 or shop for the sale of wine. Et puis soit 
 enquis de tavemers que aunt vendu vyns en- 
 contre la droit assise, and afterwards it 
 shall be inquired of tavemers who have sold 
 wines against the right assize. Britt. c. 30. 
 A retailer of wines. Hardr. 338. "Taverner" 
 is used as the addition of a person in a 
 writ in the Register. Reg. Orig. 195. But 
 "tavern keeper" has now, for the most part, 
 taken its place. 
 
 TAX. A contribution Imposed by govern- 
 ment on individuals for the service of the 
 state. 13 Pa. St. 104; 115 111. 109. It is 
 distinguished from a subsidy, as being cer- 
 tain and orderly. Jacob. 
 
 A sum of money assessed under the au- 
 thority of the state on the personal prop- 
 erty of an individual for the use of the 
 state. 60 Me. 124. 
 
 It is distinguished from a local assess- 
 ment, as being imposed without reference to 
 peculiar benefits to particular individuals 
 or property. 84 N. Y. 108; 22 Minn. 494. 
 See "Special Assessment." 
 
 "Excise" and "impost" are sometimes used 
 as synonymous with "tax," but in strictness 
 apply only to taxes upon production or con- 
 sumption, and upon imports, respectively. 
 
 Taxes are either: 
 
 (1) Direct or indirect, direct being those 
 assessed on the property, person, business, 
 etc., of those who are to pay them, and in- 
 direct being a tax levied on commodities 
 before they reach the consumer. Cooley, 
 Tax'n, 6. 
 
 (2) Ad valorem or specific, ad valorem 
 being those imposed in proportion to value, 
 
TAX DEED 
 
 994 
 
 TEIND COURT 
 
 and specific those consisting of a fixed sum 
 imposed upon an article or thing by name. 
 
 (3) General or local, general being those 
 imposed on property throughout the state, 
 and local being those imposed on the lo- 
 cality specially benefitted. 
 
 Taxes are also classified according to 
 the nature of the property on which they 
 are imposed, as income taxes, inheritance 
 taxes, personal property taxes, etc. 
 
 TAX DEED. An instrument whereby the 
 officer of the law undertakes to convey the 
 title of the rightful proprietor to the pur- 
 chaser at the tax sale, or sale of the land 
 for nonpayment of taxes. 
 
 TAX FERRETS. Persons who engage in 
 the business of searching for property 
 omitted from taxation. 218 111. 477. 
 
 TAX LEVY. The amount of tax to be 
 raised, or the official act by which the 
 amount is determined upon. 
 
 TAX LIEN. A statutory lien on lands to 
 secure the payment of taxes, which exists 
 in favor of the public. 
 
 TAX LISTS. The assessment roll; the 
 list of persons or property against whom or 
 which taxes are levied. 
 
 TAX SALE. A sale of lands for the non- 
 payment of taxes assessed thereon. A sale 
 made in a proceeding in rem. 108 111. 334. 
 
 TAX TITLE. A title to land derived 
 through the sale of it for delinquent taxes, 
 or through the foreclosure of a tax lien. 
 
 TAXATI. Soldiers of a garrison or fleet, 
 assigned to a certain station. Spelman. 
 
 TAXATIO (Lat.) In the civil law. The 
 modification by a judge of the amount of 
 damages claimed or sworn to by the 
 plaintiff. 
 
 TAXATIO ECCLESIASTICA. The valua- 
 tion of ecclesiastical benefits made through 
 every diocese in England, on occasion of 
 Pope Innocent IV. granting to King Henry 
 III. the tenth of all spirituals for three 
 years. This taxation was first made by 
 Walter, bishop of Norwich, delegated by 
 the pope to this office in 38 Hen. III., and 
 hence called "Taxatio Norwicencis." It is 
 also called "Pope Innocent's Valor." 
 Wharton. 
 
 TAXATIO EXPENSARUM (Law Lat.) In 
 old English practice. Taxation of costs. 
 
 TAXATIO NORWICENCIS. See "Taxatio 
 Ecclesiastica." 
 
 TAXATION. The process of taxing or im- 
 posing a tax. Webster. 
 
 In Practice. Adjustment. Fixing the 
 
 amount; e. g., taxation of costs. 3 Chit. 
 Gen. Prac. 602. 
 
 TAXATION OF COSTS. In practice. Fix- 
 ing the amount of costs to which a party 
 is entitled. 
 
 It is a rule that the jury must assess the 
 damages and costs separately, so that it 
 may appear to the court that the costs 
 were not considered in the damages; and 
 when the jury give costs in an amount insuf- 
 ficient to answer the costs of the suit, the 
 plaintiff may pray that the oflicer may tax 
 the costs, and such taxation is inserted in 
 the judgment. This is said to be done ex 
 assensu of the plaintiff, because at his 
 prayer. Bac. Abr. "Costs" (K). The costs 
 are taxed in the first instance by the protho- 
 •notary or clerk of the court. See 2 Wend. 
 (N. Y.) 244; 1 Cow. (N. Y.) 591; 7 Cow. 
 (N. Y.) 412; 2 Yerg. (Tenn.) 245, 310; 6 
 Yerg. (Tenn.) 412; Harper (S. C.) 326; 
 1 Pick. (Mass.) 211; 10 Mass. 26; 16 Mass. 
 370. A bill of costs, having been once sub- 
 mitted to such an officer for taxation, can- 
 not be withdrawn from him and referred to 
 another. 2 Wend. (N. Y.) 252: 
 
 TAXERS. Two officers yearly chosen in 
 Cambridge, England, to see the true gauge 
 of all the weights and measures. 
 
 TAXING MASTERS. Officers of the Eng- 
 lish supreme court, who examine and allow 
 or disallow items in" bills of costs. See 1 
 Chit. Archb. Prac. (12th Ed.) 507; Smith, 
 Ch. Prac. 12, 62, 829; 2 Daniell, Ch. Prac. 
 (5th Ed.) 1308. 
 
 TAXING OFFICER. Each house of par- 
 liament has a taxing officer, whose duty it 
 is to tax the costs incurred by the pro- 
 moters or opponents of private bills. May, 
 Pari. Prac. 843. 
 
 TAXT WARD. An annual payment made 
 to a superior in Scotland, instead of the du- 
 ties due to him under the tenure of ward- 
 holding. Abolished. 
 
 TEAM, or THEAME. A royalty or privi- 
 lege granted, by royal charter, to a lord of 
 a manor, for the having, restraining, and 
 judging of bondmen and villeins, with their 
 children, goods, chattels, etc. Glanv. 1, 5, 
 c. ii. 
 
 TEAMSTER. One who drives horses in 
 a wagon for the purpose of carrying goods 
 for hire. He is liable as a common car- 
 rier. Story, Bailm. §496. See "Carrier." 
 
 TECHNICAL. That which properly be- 
 longs to an art. 
 
 In the construction of contracts it is a 
 general rule that technical words are to be 
 taken according to their approved and 
 known use in the trade in which the con- 
 tract is entered into, or to which it relates, 
 unless they have manifestly been under- 
 stood in another sense by the parties. 2 
 Bos. & P. 164; 6 Term R. 320; 3 Starkie, 
 Ev. 1036. ' 
 
 TEIND COURT. In Scotch law. A court 
 which has jurisdiction of matters relating 
 
TEINDS 
 
 995 
 
 TEMPUS ENIM MODUS 
 
 to' the augmentation of stipends, and the 
 valuation and sale of tithes. 
 
 It is held before justices of the court of 
 sessions organized as a separate court, with 
 distinct clerks and ministerial officers. Bell, 
 Diet. 
 
 TEINDS. In Scotch law. That liquidated 
 proportion of the rents or goods of the peo- 
 ple which is due to churchmen for per- 
 forming divine service, or exercising the 
 other spiritual functions proper to their 
 several offices. Ersk. Inst. 2. 10. 2. 
 
 TE IN LAND. Thainland (g. v.) 
 
 TELEGRAPH lAE. Written evidence of 
 things past. Blount. 
 
 TELLER {tallier, one who keeps a tally). 
 An officer in a bank or other institution; a 
 person appointed to receive votes; a name 
 given to certain officers in the English ex- 
 chequer. 
 
 TELLERS IN PARLIAMENT. In the lan- 
 guage of parliament, the "tellers" are the 
 members of the house selected to count the 
 members when a division takes place. In 
 the house of lords, a division is effected by 
 the "noncontents" remaining within the 
 bar, and the "contents" going below it, a 
 teller being appointed for each party. In 
 the commons, the "ayes" go into the lobby 
 at one end of the house, and the "noes" into 
 the lobby at the other end, the house itself 
 being perfectly empty, and two tellers being 
 appointed for each party. May, Pari. Prac. 
 
 TELLIGRAPHUM. An Anglo-Saxon char- 
 ter of land. 1 Reeve, Hist. Eng. Law, c. 1, 
 p. 10. 
 
 TELLWORC. That labor which a tenant 
 was bound to do for his lord for a certain 
 numbsr of days. 
 
 TEMENTALE, or TENEMENTALE. A tax 
 of two shillings upon every ploughland; a 
 decennary {q. v.) 
 
 TEMERE (Lat.) In the civil law. Rash- 
 ly; inconsiderately; without sufficient cause. 
 A plaintiff was said temere litigare, who de- 
 manded a thing out of malice, or sued with- 
 out just cause, and who could show no 
 ground or cause of action. Brissonius. 
 
 TEMPLARS. A religious order of knight- 
 hood, instituted about the year 1119, and 
 so called because the members dwelt in a 
 part of the temple of Jerusalem, and not 
 far from the sepulchre of our Lord. They 
 entertained Christian strangers and pil- 
 grims charitably, and their profession was 
 at first to defend travellers from highway- 
 men and robbers. The order was sup- 
 pressed A. D. 1307, and their substance 
 given partly to the knights of St. John of 
 Jerusalem, and partly to other religious 
 orders. Brown. 
 
 TEMPLE. Two English inns of court, 
 thus called because anciently the dwelling 
 
 place of the Knights Templar. On the sup- 
 pression of the order, they were purchased 
 by some professors of the common law, and 
 converted into hospitia, or inns of court. 
 They are called the "Inner" and "Middle 
 Temple," in relation to Essex House, which 
 was also a part of the house of the Tem- 
 plars, and called the "Outer Temple," be- 
 cause situated without Temple Bar. Enc. 
 Lond. 
 
 TEMPORAL AFFAIRS. The temporal 
 affairs of a church are understood to be the 
 revenues, lands and tenements, in other 
 words, secular possessions, with which it 
 is endowed. The hiring of a sexton to per- 
 form the duties incident to his office has 
 nothing to do with the management of 
 the temporalities of the church. 76 111. 
 253. 
 
 TEMPORAL LORDS. The peers of Eng- 
 land; the bishops are not in strictness held 
 to be peers, but merely lords of parliament. 
 2 Steph. Comm. 330, 345. 
 
 TEMPORALIS ACTIO (Lat.) An action 
 which could only be brought within a cer- 
 tain period. 
 
 TEMPORALIS EXCEPTIO (Lat.) A tern- . 
 porary exception which barred an action 
 for a time only. 
 
 TEMPORALITIES (Law Lat. tempore^ 
 lia). Revenues, lands, tenements, and lay 
 fees which bishops have from livery of the 
 king, and in virtue of which they sit in 
 parliament. 1 Rolle, Abr. 881. 
 
 TEMPORARY. Which is to last for a lim- 
 ited time. 
 
 A temporary statute, or one which is lim- 
 ited in its operation for a particular period 
 of time after its enactment; the opposite 
 of perpetual. 70 111. 399. See Statute. 
 
 TEMPORIS EXCEPTIO (Lat.) In civil 
 law. A plea of lapse of time in bar of an 
 action, like our statute of limitations. Dig. 
 "De Diversis Temporalibus Actionibus." 
 
 TEMPUS (Lat.) In civil and old English 
 law. Time in general. A time limited; a 
 season ; e. g., tempus . pessonis, mast time 
 in the forest. 
 
 TEMPUS CONTINUUM (Lat) In civil 
 law. A period of time which runs continu- 
 ally having once begun, feast days being 
 counted as well as ordinary days, and it 
 making no difference whether the person 
 against whom it runs is present or absent. 
 Calv. Lex. 
 
 TEMPUS ENIM MODUS TOLLENDI OB- 
 
 llgatlones et actlones, quia tempus currit 
 contra desides et sui juris contemptores. 
 For a time is a means of destroying obligar 
 tions and actions, because time runs 
 against the slothful and contemners of 
 their own rights. Fleta, lib. 4, c. 5, § 12. 
 
TEMPUS SEMESTEE 
 
 996 
 
 TENANT 
 
 TEMPUS SEMESTRE. Half a year, and 
 not six lunar months. Westminster II. c. 5. 
 
 TEMPUS UTILE (Lat.) In civil law. A 
 period of time which runs beneficially; i. e., 
 feast days are not included, nor does it run 
 against one absent in a foreign country, or 
 on business of the republic, or detained by 
 stress of weather. But one detained by 
 sickness is not protected from its running; 
 for it runs where there is powers to act by 
 an agent, as well as where there is power 
 to act personally; and the sick man might 
 have deputed his agent. Calv, Lex. 
 
 TENANCY. The state or condition of a 
 tenant; the estate held by a tenant. 
 
 TENANT (Lat. eneo, tenere, to hold). 
 One who holds or possesses lands or tene- 
 ments by any kind of title, either in fee, 
 for life, for years, or at will. In a popular 
 sense, he is one who has the temporary use 
 and occupation of lands or tenements which 
 belong to another, the duration and other 
 terms of whose occupation are usually de- 
 fined by an agreement called a "lease," 
 ■while the parties thereto are placed in the 
 relation of landlord and tenant. 5 Man. 
 & G. 54; Bouv. Inst. Index. 
 
 Tenants in Common. Such as hold 
 
 lands and tenements by several and distinct 
 titles, arid not by a joint title, but occupy 
 in common, the only unity recognized be- 
 tween them being that of possession. They 
 are accountable to each other for the profits 
 of the estate; and if one of them turns an- 
 other out of possession, an action of eject- 
 ment will lie against him. They may also 
 have reciprocal actions of waste against 
 each other. 2 Bl. Comm. 191. See "Estate 
 in Common;" 7 Cruise, Dig.; Bac. Abr. 
 "Joint Tenants, and Tenants in Common;" 
 Comyn, Dig. "Abatement" (E 10, P 6), 
 "Chancery" (3 V 4), "Devise" (N 8), 
 "Estates" (K 8, R 2) ; 1 Vern. 353; Archb. 
 Civ. PI. 53, 73. 
 
 Tenant by the Curtesy. A species of 
 
 life tenant who, on the death of his vriie. 
 seised of an estate of inheritance, after 
 having issue by her which is capable of in-, 
 heriting her estate, holds her lands for the 
 period of his own life. After the birth 
 of such a child, the tenant is called "ten- 
 ant by the curtesy initiate" (Co. Litt. 29a; 
 ' 2 Bl. Comm. 126) ; but to consummate the 
 tenancy four things are requisite: lawful 
 marriage, actual seizin of the wife, issue 
 capable of inheriting, and death of the wife. 
 The first three without the last constitute 
 tenancy by the curtesy initiate. The hus- 
 band's estate is initiate on issue had, and 
 consummate on the death of the wife. 142 
 111. 393; 4 Kent's Com. pp. 28-30; 44 111. 
 68; 128 111. 102. See "Curtesy." 
 
 Tenant in Dower. Another species of 
 
 life tenant, occurring where the husband of 
 a woman is seised of an estate of inheri- 
 tance, and dies, and the wife thereby be- 
 comes entitled to hold the third part of 
 all the lands and tenements of which he 
 
 was seised at any time during the cover- 
 ture to her own use, for the term of her 
 natural life. See "Dower;" 2 Bl. Comm. 
 129; Comyn, Dig. "Dower" (A). 
 
 Tenant of the Demesne. One who is 
 
 tenant of a mesne lord; as, where A. is 
 tenant of B. and C. of A.; B. is the lord, 
 A. the mesne lord, and 0. the tenant of 
 the demesne. Hammond, N. P. 392, 393, 
 
 Tenant in Fee. Under the feudal law.. 
 
 one who held his lands either immediately 
 or derivatively from the sovereign, in con- 
 sideration of the military or other services 
 he was bound to perform. If he held di- 
 rectly from the king, he was called a "ten- 
 ant in fee," in eapite. With us, the highest 
 estate which a man can have in land has 
 direct reference to his duty to the state, 
 108 111. App. 10. Prom it he ultimately 
 holds his title, to it he owes fealty and 
 service, and if he fails in his allegiance to 
 it, or dies without heirs upon whom this 
 duty may devolve, his lands revert to the 
 state under which he held. Subject to this 
 qualification, however, a tenant in fee has 
 an absolute unconditional ownership in 
 land, which, upon his death, vests in his 
 heirs, 122 111. 328; and hence he enjoys 
 what is called an "estate of inheritance." 
 See "Estates"; 2 Bl. Comm. 81; Litt. §1; 
 Plowd. 555. 
 
 Joint Tenants. Two or more persons 
 
 to whom lands or tenements have been 
 granted to hold in fee simple, for life, for 
 years, or at will. In order to constitute 
 an estate in joint tenancy, the tenants 
 thereof must have one and the same inter- 
 est, arising by the same conveyance, com- 
 mencing at the same time, and held by one 
 and the same undivided possession. 2 Bl'. 
 Comm. 180. The principal incident to this 
 estate is the right of survivorship, by 
 which, upon the death of one joint tenant, 
 the entire tenancy remains to the surviv- 
 ing cotenant, and not to the heirs or other 
 representatives of the deceased, the last 
 survivor taking the whole estate. It is an 
 estate which can only be created by the acts 
 of the parties, and never by operation of 
 law. Co. Litt. 184b; 2 Cruise, Dig. 43; 4 
 Kent. Comm. 358; 2 Bl. Comm. 179; 7 
 Cruise, Dig. "Joint Tenancy;" Prest. Est. 
 
 Tenant for Life. One who has a free- 
 hold interest in lands, the duration of which 
 is confined to the life or lives of some par- 
 ticular person or persons, or to the hap- 
 pening or not happening of some uncertain 
 event. 1 Cruise, Dig. 76. When he holds 
 the estate by the life of another, he is usu- 
 ally called tenant pur autre vie. 2 Bl. 
 Comm. 120; Comyn, Dig. "Estates" (P 1). 
 See "Estate for Life;" "Emblements." 
 
 Tenant by the Manner. One who has 
 
 a less estate than a fee in land, which re- 
 mains in the reversioner. He is so called 
 because in avowries and other pleadings it 
 is specially shown in what manner he is 
 tenant of the land, in contradistinction to 
 the veray tenant, who is called simply "ten- 
 ant." See "Veray." 
 
TENANT 
 
 997 
 
 TENANT RIGHT 
 
 — -Tensnt by the Marital Right. At com- 
 mon law, by virtue of the marriage alone, 
 and without the birth of issue, the husband 
 was seized of an estate, during coverture, 
 in the lands held by his wife in fee. He 
 is said to have been seized of the freehold 
 jure uxoris. He took the rents and profits 
 during the joint lives of himself and his 
 wife. This estate was ended by the death 
 of the wife or the death of the husband. 
 It is a freehold estate in the husband, since 
 it must continue during their joint lives, 
 and it may by possibility last during his 
 life. It was liable to be sold on execution 
 against the husband. 142 111. 393; 2 Kent, 
 Comm. 130. 
 
 Tenant paravall. The tenant of a ten- 
 ant. He is so called because he has the 
 avails or profits of the land. 
 
 Tenant In Severalty. He who holds 
 
 lands and tenements in his own right only, 
 without any other person being joined or 
 connected with him in point of interest dur- 
 ing his estate therein. 2 Bl. Comm. 179. 
 
 Tenant at Sufferance. He who comes 
 
 into possession by a lawful demise, but 
 after his term is ended continues the pos- 
 session wrongfully by holding over. He has 
 only a naked possession, stands in no priv- 
 ity to the landlord, and may, consequent- 
 ly, be removed without notice to quit. Co. 
 Litt. 57b; 2 Leon. 46; 3 Leon. 153; 1 Johns. 
 Gas. (N. Y.) 123; 4 Johns. (N. Y.) 150, 
 312; 5 Johns. (N. Y.) 128. 
 
 Tenant In Tall. One who holds an es- 
 tate in fee, which by the instrument creat- 
 ing it is limited to some particular heirs, 
 exclusive of others; as, to the heirs of "his 
 body," or to the heirs, "male or female," 
 of his body. The whole system of entail- 
 ment, rendering estates unalienable, is so 
 directly opposed to the spirit of our re- 
 publican institutions as to have become 
 very nearly extinct in the United States. 
 Most of the states, at an early period of 
 our independence, passed laws declaring 
 such estates to be estates in fee simple, 
 or provided that the tenant and the re- 
 mainderman might join in conveying the 
 land in fee simple. In New Hampshire, 
 Chancellor Kent says, entails may still be 
 created; while in some of the states they 
 have not been expressly abolished by stat- 
 ute, but in practice they are now almost 
 unknown. See "Entail;" 2 Bl. .Comm. 113. 
 
 Tenant at Will. One who holds rent 
 
 free by permission of the owner, or where 
 he enters under an agreement to purchase, 
 or for a lease, but has not paid rent; or 
 one who is placed on land without a term 
 prescribed, or without any terms or rent re- 
 served, but as a mere occupier. 184 111, 
 337. Formerly all leases for uncertain pe- 
 riods were considered to be tenancies at 
 will merely; but in modern times they are 
 construed into tenancies from year to year; 
 and, in fact, the general language of the 
 books now is that the former species of ten- 
 ancy cannot exist without an express agree- 
 ment to that eflfect. 8 Cow. (N. Y.) 75; 
 
 4 Ired. (N. C.) 291; 3 Dana (Ky.) 66; 
 12 Mass. 325; 23 Wend. (N. Y.) 616; 12 
 N. Y, 346. The great criterion by which 
 to distinguish between tenancies from year 
 to year and at will is the payment or res- 
 ervation of rent. 5 Bing. 361; 2 Esp. 718. 
 
 A tenancy at- will must always be at 
 the will of either party, and such a tenant 
 may be ejected at any time, and without 
 notice; but as soon as he once pays rent, 
 he becomes tenant from year to year. 1 
 Watts & S. (Pa.) 90; Tayl. Landl. & Ten. 
 §56; Co. Litt. 55; 2 Lilly, Reg. 555; 2 Bl. 
 Comm. 145. See Comyn. Dig. "Estates" 
 (H 1); 12 Mass. 325; 17 Mass. 282; 1 
 Johns. Cas. (N. Y.) 33; 2 Caines Cas. 
 (N. Y.) 314; 2 Caines (N. Y.) 169; 9 
 Johns. (N. Y.) 13, 235, 331. 
 
 A tenant holding over is not a tenant 
 at will unless he holds over by the express 
 or implied consent of his landlord. 40 Mich. 
 283. 
 
 Tenant for Years. He to whom an- 
 other has let lands, tenements, or heredita- 
 ments for a certain number of years, agreed 
 upon between them, and the tenant enters 
 thereon. Before entry, he has only an in- 
 choate right, which is called an interesse 
 termini; and it is of the essence of this es- 
 tate that its commencement as well as its 
 termination be fixed and determined, so that 
 the lapse of time limited for its duration 
 will, ipso facto, determine the tenancy; if 
 otherwise, the occupant will be tenant from 
 year to year, or at will, according to cir- 
 cumstances. See "Lease;" Tayl. Landl. & 
 Ten. § 54; 2 Bl. Comm. 140. 
 
 Tenant from Year to Year. Where 
 
 lands or tenements have been let without 
 any particular limitation for the duration 
 of the tenancy; hence any general occupa- 
 tion with permission, whether a tenant is 
 holding over after the expiration of a lease 
 for years, or otherwise, becomes a tenancy 
 from year to year. 3 Burrows, 1609; 1 
 Term R. 163; 3 East, 451; 8 Barn. & C. 
 478; 9 Johns. (N. Y.) 330; 3 Zab. (N. J.) 
 311. The principal feature of this ten- 
 ancy is that it is not determinable even at 
 the end of the current year, unless a rea- 
 sonable notice to quit is served by the 
 party intending to dissolve the tenancy up- 
 on the other. 4 Cow. (N. Y.) 349; 3 Hill 
 (N. Y.) 547; 11 Wend. (N. Y.) 616; 8 
 Term R. 3; 5 Bing. 185. 
 
 TENANT A VOLUNTE (Law Fr.) Ten- 
 ant at will. Litt. § 68. See "Tenant." 
 
 TENANT BY COPY OF COURT ROLL 
 
 (shortly, "tenant by copy"). The old fash- 
 ioned name for a copyholder. Litt. § 73. 
 
 TENANT RIGHT. In leases from the 
 crown, corporations, or the church, it is 
 usual to grant a further term to the old 
 tenants in preference to strangers; and, as 
 this expectation is seldom disappointed, such 
 tenants are considered as having an ulterior 
 interest beyond their subsisting term; and 
 this interest is called the "tenant right." 
 
TENANT TO THE PRAECIPE 
 
 998 
 
 TENEMENTUM 
 
 Bac. Abr. "Leases and Terms for Years" 
 (U). 
 
 TENANT TO THE PRAECIPE. Before 
 the English fines and recoveries act, if land 
 •was conveyed to a person for life, with re- 
 mainder to another in tail, the tenant in 
 tail in remainder was unable to bar the en- 
 tail without the concurrence of the tenant 
 for life, because a common recovery could 
 only be suffered by the person seised of the 
 land. In such a case, if the tenant for life 
 ■wished to concur in barring the entail, he 
 usually conveyed his life estate to some 
 other person in order that the praecipe in 
 the recovery might be issued against the 
 latter, who was therefore called the "ten- 
 ant to the praecipe." Williams, Seisin, 169. 
 
 TENANTS BY THE VERGE. These "are 
 in the same nature as tenants by copy of 
 court roll [i. e., copyholders]. But the rea- 
 son why they be called 'tenants by the 
 verge' is, for that when they will surrender 
 their tenements into the hands of their 
 lord to the use of another, they shall have 
 a little rod (by the custome) in their hand, 
 the which they shall deliver to the steward 
 or to the bailife, * * * and the steward 
 or bailife, according to the custome, shall 
 deliver to him that taketh the land the same 
 rod, or another rod, in the name of seisin; 
 and for this cause they are called 'tenants 
 by the verge;' but they have no other evi- 
 dence [title deed] but by copy of court 
 roll." Litt. § 78; Co. Litt. 61a. 
 
 TENAUNT (Law Fr. from tener, to 
 hold). In old English law. Tenant; a ten- 
 ant. 
 
 TENDE. To tender or offer. Old Nat. 
 Brev. 123. 
 
 TENDER (Lat. tender e, to extend, to of- 
 fer). An offer to deliver something, made 
 in pursuance of some contract or obligation, 
 under such circumstances as to require no 
 further act from the party making it to 
 complete the transfer. 
 
 As applied to cases of mutual and con- 
 current promises, means readiness to per- 
 form, provided the other party is ready and 
 willing to perform. 143 111. 502. 
 
 To constitute a valid tender, there must 
 be an actual production (46 Barb. [N. Y.] 
 227), at the time (90 N. Y. 442) and place 
 (6 Barb. [N. Y.] 258) where the obligation 
 was due, of the full amount (41 Vt. 66), in 
 current funds (34 N. Y. 649) by the per- 
 son who is under obligation, or his agent 
 (11 Ga. 570), and an offer to the creditor 
 or his agent (46 Barb. [N. Y.] 227) ab- 
 solutely and without condition, to which 
 the creditor may rightfully object (39 N. 
 Y. 481), of the exact amount due, but ten- 
 der of an excessive amount is good if no 
 change is asked in return (25 Ind. 261), 
 and the tender must be kept good by con- 
 tinued readiness to pay or deliver the 
 amount or property tendered (24 Vt. 536; 
 86 111. 431). 
 
 TENDER OF AMENDS. An ofliffl' by a 
 person who has been guilty of any Wrong 
 or breach of contract to pay a snm of 
 money by way of amends. If a defend- 
 ant in an action make tender of amends, 
 and the plaintiff decline to accept it, the 
 defendant may pay the money into court, 
 and plead the payment into court as a sat- 
 isfaction of the plaintiff's claim. Mozley & 
 W. 
 
 TENDER OF ISSUE. The conclusion of a 
 pleading whereby the pleader offers to re- 
 fer the averments thereof to a trial. The 
 common tender of an issue of' fact is, "and 
 of this he puts himself upon the country." 
 Steph. PI. 54, 230. 
 
 TENEMENT (from Lat. teneo, to hold). 
 Everything of a permanent nature which 
 may be holden. 
 
 Its original meaning, according to some, 
 was house or homestead. Jacob. In modern 
 use, it also signifies , rooms let in houses. 
 10 Wheat. (U. S.) 204. 
 
 In its most extensive signification, "tene- 
 ment" comprehends everything which may 
 be holden, provided it be of a permanent 
 nature; and not only lands and inheri- 
 tances which are holden, but also rents and 
 profits a prendre of which a man has any 
 frank tenement, and of which he may be 
 seised ut de libera tenemento, are included 
 under this term. Co. Litt. 6a; 2 Bl. Comm. 
 17; 1 Washb. Real Prop. 10; 17 Pick. 
 (Mass.) 105. But the word "tenement" 
 simply, without other circumstances, has 
 never been construed to pass a fee. 10 
 Wheat. (U. S.) 204. See 4 Bing. 293; 1 
 Term R. 358; 3 Term R. 772; 3 East, 113 
 5 East, 239; 1 Barn. & Adol. 161; Comyn, 
 Dig. "Grant" (E 2), "Trespass" (A 2); 
 1 Washb. Real Prop. 10. 
 
 Bracton says that tenements acquired by 
 a villein were as to the lord in the same 
 condition as chattels, because bought with 
 the chattels which rightfully belong to 
 the lord. Bracton, 26. 
 
 TENEMENTAL LAND. Land distributed 
 by a lord among his tenants, as opposed to 
 the demesnes which were occupied by him- 
 self and his servants. 2 Bl. Comm. 90. 
 
 TENEMENTIS LEGATIS. An ancient 
 writ, lying to the city of London, or any 
 other corporation (where the old custom was 
 that men might devise by will lands and 
 tenements, as well as goods and chattels) , 
 for the hearing and determining any con- 
 troversy touching the same. Reg. Orig. 244. 
 
 TENEMENTUM (Law Lat. from tenere, 
 to hold). In old English law. A tenement; 
 a thing held by service; a fee, fief, or feu- 
 dal estate; an estate which a tenant holds 
 of a lord. Spelman. Devenio homo vester, de 
 tenemento quod de vobia teneo, I become 
 your man, of the tenement which I hold 
 of you. Bracton, fol. 80. lAberum tenemen- 
 tum, a free tenement, or freehold, as dis- 
 tinguished from villenagium. 
 
TENENDAS 
 
 999 
 
 TENOR EST QUI LEGEM DAT 
 
 TENENDAS (Lat.) In Scotch law. The 
 name of a clause in charters of heritable 
 rights, which derives its name from its first 
 words, tenendas praedictas terras, and ex- 
 presses the particular tenure by which the 
 lands are to be holden. Ersk. Inst. bk. 2, 
 tit. 3, note 0. 
 
 TENENDUM (Lat.) That part of a deed 
 which was formerly used in expressing the 
 tenure by which the estate granted was 
 holden; but since all freehold tenures were 
 converted into socage, the tenendum is of 
 no further use, even in England, and is 
 therefore joined to the habendum in this 
 manner, — ^to have and to hold. The words 
 "to hold" have now no meaning in our 
 deeds. 2 BL Comm. 298. See "Haben- 
 dum." 
 
 TEN ENS. A tenant; the defendant in a 
 real action. 
 
 TENENTIBUS IN ASSISA NON ONER- 
 andis. A writ that formerly lay for him to 
 whom a disseisor had alienated the land 
 whereof he disseised another, that he 
 should not be molested in assise for dam- 
 ages, if the disseisor had wherewith to sat- 
 isfy them. Reg. Orig. 214. 
 
 TENEO (Lat. I hold). Said by Lord Coke 
 to have the following significations: 
 
 To have, as an estate. Co. Litt. lb. 
 
 To hold of some superior. Id. 
 
 To keep, as a covenant. Id. 
 
 To bind, as an obligation. Id. 
 
 To judge or deem. Id. 
 
 See these senses applied to the word "ten- 
 ant." Id. See "Tenere." 
 
 TENER (Law Pr.) In old English law. 
 To hold. A aver et tener a luy et a ses 
 heires, to have and to hold to him and his 
 heirs. Litt. § 625. 
 
 To keep. Tener hors de droit heire, to 
 keep out the right heir. Britt. c. 65. 
 
 TENERE (Lat.) 
 
 In the Civil Law. To hold. A ^erm 
 
 expressive of mere fact, without refeopnce 
 to right; or expressive of what was termed 
 corporeal and natural possession. Habere 
 (to have) and possidere (to possess), on 
 the ather hand, were terms expressive of 
 right, or what was termed "civil" posses- 
 sion. Calv. Lex. See "Habere." 
 
 To observe or keep. Calv. Lex. 
 
 To bind. Id. 
 
 To be of force or validity. Id. 
 
 In Old English Law. To hold by serv- 
 ice, in the feudal sense. De tenemento quod 
 de vobis teneo, of the tenement which I hold 
 of you. Bracton, fol. 80; Co. Litt. lb. 
 
 To hold judicia;ily. Tenere placitum, to 
 Hold plea; to take cognizance of an action; 
 to exercise or entertain jurisdiction. Pro- 
 hibemus vobis ne teneatis placitum, we pro- 
 hibit you that you do not hold plea. Reg. 
 Orig. 34. Tenere pladta, to hold pleas; to 
 have a court of one's own. Finch, Law, bk. 
 2, c. 14. 
 
 To hold, or be seised of; to have. Co. 
 Litt. lb. 
 
 TENERI (Lat.) In contracts. That part 
 of a bond where the obligor declares him- 
 self to be held and firmly bound to the obli- 
 gee, his heirs, executors, administrators, 
 and assigns, is called the teneri. 3 Call 
 (Va.) 350. 
 
 TENET (Lat. he holds). In pleading. A 
 term used in stating the tenure in an ac- 
 tion for waste done during tenancy. 
 
 When the averment is in the tenet, the 
 plaintiff, on obtaining a verdict, will re- 
 cover the place wasted, namely, that part 
 of the premises in which the waste was ex- 
 clusively done, if it were done in a part 
 only, together with treble damages. But 
 when the averment is in the tenuit, the 
 tenancy being at an end, he will have judg- 
 ment for his damages only. 2 Greenl. Ev. 
 § 652. 
 
 TENHEDED, or TIENHEOFED. A dean. 
 
 TENHEVED (Saxon tienheofod, from 
 tien, ten, and heofod, head). In old Eng- 
 lish law. The head of a tithing, or decen- 
 nary; a tithingman, chief pledge, head bor- 
 ough or borsholder. Spelman. 
 
 TENIVIENTALE, or TENIV1ANTALE. The 
 number of ten men, which number, in the 
 time of the Saxons, was called a "decen- 
 nary;" and ten decennaries made what was 
 called a "hundred." Also a duty or tribute 
 paid to the crown, consisting of two shill- 
 ings ■ for each ploughland. Enc. Lond. 
 
 TENNE. A term of heraldy, meaning 
 orange color. In engravings^ it should be 
 represented by lines in bend sinister crossed 
 by others bar-ways. Heralds who blazon 
 by the names of the heavenly bodies call it 
 "dragon's head," and those who employ 
 jewels, "jacinth." It is one of the colors 
 called "stainand." Wharton. 
 
 TENOR. 
 
 'In Pleading. A term used to denote 
 
 that an exact copy is set out, 5 Wend. (N. 
 Y.) 273; 14 Ohio St. 61; 1 Mass. 203; 1 
 East, 180, and the cases cited in the notes; 
 and binds the pleader to the strictest ac- 
 curacy. And an indictment for forgery 
 of an instrument, professing to set it out 
 according to its tenor, should give the 
 names, in describing the instrument, spelled 
 as they appear spelled in the original. 66 
 111. 346. 
 
 In Chancery Pleading. A certified 
 
 copy of records of other courts removed 
 into chancery by certiorari. Gresl. Ev. 309. 
 
 TENOR EST QUI LEGEM DAT FEUDO. 
 It is the tenor of the feudal grant which 
 regulates its effect and extent. Craig, Jus 
 Feud. (3d Ed.) 66. See Co. Litt. 19a; 2 Bl. 
 Comm. 310; 2 Coke, 71; Broom, Leg. Max. 
 (3d London Ed.) 410; Wright, Ten. 21, 52, 
 152. 
 
TENORE INDICTAMENTI 
 
 1000 
 
 TENURE 
 
 TENORE INDICTAMENTI MITTENDO. A 
 
 writ whereby the record of an indictment, 
 and the process thereupon, was called out 
 of I another court into the Queen's (or 
 king's) Bench. Reg. Orig. 69. 
 
 TENORE PRAESENTIUM. By the tenor 
 of these presents, i. e., the matter con- 
 tained therein, or rather the intent and 
 meaning thereof. Cowell. 
 
 TENSER lAE. A sort of ancient tax or 
 military contribution. Wharton. 
 
 TENTERDEN'S ACT. St. 9 Geo. IV. c. 14, 
 extending the statutes of frauds to certain 
 other contracts. 
 
 TENTHS. 
 
 In English Law. A temporary aid is- 
 suing out of personal property, and granted 
 to the .king by parliament; formerly the 
 real tenth part of all the movables belong- 
 ing to the subject. 1 Bl. Comm. 308. 
 
 — 1— In English Ecclesiastical Law. The 
 tenth part of the annual profit of every 
 living in the kingdom, formerly paid to the 
 pope, but by St. 26 Hen. VIII. c. 3, trans- 
 ferred to the crown, and afterwards made 
 a part of the fund called "Queen Anne's 
 Bounty." 1 Bl. Comm. 284-286. 
 
 TENUIT (Lat. he held). In pleading. A 
 term used in stating the tenure in an ac- 
 tion for waste done after the termination of 
 the tenancy. See "Tenet." 
 
 TENURA EST PACTIO CONTRA COIVI- 
 munem feudi naturam ac rationem, in con- 
 tractu interposita. Tenure is a compact con- 
 trary to the common nature and reason of 
 the fee, put into a contract. Wright, Ten. 
 21. 
 
 TENURE (from Lat. tenere, to hold). A 
 term of extensive signification. While it 
 means the mode by which one holds an 
 estate in land, it imports any kind of hold- 
 ing from mere possession to the owning 
 of the inheritance. 153 Cal. 718; 96 Pac. 
 500; Ann. Cas. 1914D 636. 
 
 In the most general sense, the mode or 
 right of holding, as "tenure of oflSce." More 
 specifically, the mode by which a man holds 
 an estate in lands. 
 
 Such a holding as is coupled with some 
 service, which the holder is bound to per- 
 form so long as he continues to hold. 
 
 The thing held is called a "tenement;" 
 the occupant, a "tenant;" and the manner 
 of his holding constitutes the "tenure." 
 
 Classification of feudal tenures. 
 
 (1) The principal species of tenure which 
 grew out of the feudal system was the 
 tenure by knight's service. This was essen- 
 tially military in its character, and required 
 the possession of a certain quantity of land, 
 called a "knight's fee," the measure of 
 which, in the time of Edward I., was esti- 
 mated at twelve ploughlands, of the value 
 of twenty pounds per annum. He who held 
 this portion of land was bound to attend I 
 
 his lord to the wars forty days in every 
 year, if called upon. It seems, howBver* that 
 if he held but half a knight's fee, he was 
 only bound to attend twenty days. Many 
 arbitrary and tyrannical incidents or lord- 
 ly privileges were attached to this tenure, 
 which at length became so odious and op- 
 pressive that the whole system was de- 
 stroyed at a blow by St. Charles II. c. 24, 
 which declared that all such lands should 
 thenceforth be held in free and common 
 socage, — a statute, says Blackstone, which 
 was a greater acquisition to the civil prop- 
 erty of this kingdom than even Magna 
 Charta itself; since that only pruned the 
 luxuriances which had grown out of mili- 
 tary tenures, and thereby preserved them 
 in vigor, but the statute of King Charles 
 extirpated the whole, and demolished both 
 root and branches. See "Feudal Law;" Co. 
 Litt. 69; St. Westminster I., c. 36. 
 
 (2) Tenure in socage seems to have been 
 a relic of Saxon liberty which, up to the 
 time of the abolition of military tenures, 
 had been evidently struggling with the in- 
 novations of the Normans. Its great re- 
 deeming quality was its certainty; and in 
 this sense it is by the old law writers put 
 in opposition to the tenure by knight's serv- 
 ice, where the tenure was altogether pre- 
 carious and uncertain. Littleton defines it 
 to be where a tenant holds his tenement by 
 any certain service, in lieu of all other serv- 
 ices, so that they be not services of chiv- 
 alry or knight's services; as, to hold by 
 fealty and twenty shillings rent, or by hom- 
 age, fealty, and twenty shillings rent, or by 
 homage and fealty without any rent, or by 
 fealty and a certain specified service, as, 
 to plough the lord's land for three days. 
 Litt. 117; 2 Bl. Comm. 79. See "Socage." 
 
 (3) Other tenures have grown out of the 
 two last-mentioned species of tenure, and 
 ate still extant in England, although some 
 of them are fast becoming obsolete. Of 
 these is the tenure by grand serjeanty, 
 which consists in some service immediate- 
 ly respecting the person or dignity of the 
 sovereign; as, to carry the king's standard, 
 or to be his constable or marshal, his but- 
 ler or chamberlain, or to perform some 
 similar service. While the tenure "by petit 
 serjeanty requires some inferior service, not 
 strictly military or personal, to the king; 
 as, the annual render of a bow or sword. 
 The late duke of Wellington annually pre- 
 sented his sovereign with a banner, in ac- 
 knowledgment of his tenure. There are 
 also tenures by copyhold and in fraiikal- 
 moigne, in burgage and of gavelkind; but 
 their nature, origin, and history are ex- 
 plained in the several articles appropriated 
 to those terms. 2 Bl. Comm. 66; 2 Inst. 233. 
 
 (4) Tenures were distinguished by the 
 old common-law writers, according to the 
 quality of the service, into free or base. The 
 former were such as were not unbecoming a 
 soldier or a freeman to perform, as, to serve 
 the lord in the wars; while the latter were 
 only considered fit for a peasant, as, to 
 
TENURE BY DIVINE SERVICE 
 
 1001 
 
 TERM FOR YEARS 
 
 plougli the land, and the like. They were 
 further distinguished with reference to the 
 person from whom the land was held; as, 
 a tenure in ca^dte, where the holding was ox 
 the person of the king, and tenure m gross, 
 where the holding was of a subject. Before 
 the statute of Quia Emptores (18 Edw. I), 
 any person might, by a grant of land, have 
 created an estate as a tenure of his person, 
 or of his house or manor; and although by 
 Magna Charta a man could not alienate so 
 much of his land as not to leave enough to 
 answer the services due to the superior lord, 
 yet, as that statute did not remedy the evil 
 then complained of, it was provided by the 
 statute above referred to, that if any tenant 
 should alien any part of his land in fee, 
 the alienee should hold immediately of the 
 lord of the fee, and should be charged with 
 a proportional part of the service due in 
 respect to the quantity of land held by him. 
 The consequence of which was that, upon 
 every such alienation, the services upon 
 which the estate was originally granted be- 
 came due to the superior lord, and not to 
 the immediate grantee. 4 Term R. 443; 4 
 East, 271; Crabb, Real Prop. § 735. 
 
 Wharton's classification is as follows: 
 (A) Lay tenures. 
 
 I. Prank tenement, or freehold. 
 
 (1) The military tenures (abol- 
 ished, except grand ser- 
 jeanty, and reduced to 
 free socage tenures) 
 were : Knight service 
 proper, or tenure in 
 chivalry; grand ser- 
 jeanty; cornage. 
 (2) Free socage, or plough 
 service; either petit ser- 
 jeanty tenure in bur- 
 gage, or gavelkind. 
 
 II. Villeinage. 
 
 (1) Pure villeinage (whence 
 
 copyholds at the lord's' 
 [nominal] will, which is 
 regulated according to 
 custom) . 
 
 (2) Privileged villeinage, some- 
 
 times called "villein so- 
 cage" (whence tenure in 
 ancient demesne, which 
 is an exalted species of 
 copyhold, held according 
 to custom, and not ac- 
 cording to the lord's 
 will), and is of three 
 kinds: Tenure in ancient 
 demesne ; privileged 
 copyholds, customary 
 freeholds, or free copy- 
 holds; copyholds of base 
 tenure. 
 
 (B) Spiritual tenures. 
 
 I. Frankalmoigne, or free alms. 
 II. Tenure by divine service. 
 
 TENURE BY DIVINE SERVICE. See 
 "Divine Service." 
 
 TENURE OF OFFICE. See "Tenure;" 
 "Term of Office." 
 
 TERCE. In Scotch law. A life rent com- 
 petent by law to widows who have not ac- 
 cepted of special provisions in the third 
 part of the heritable subjects in which the 
 husband died infeft. 
 
 The terce takes place only where the mar- 
 riage has subsisted for a year and a day, 
 or where a child has been born alive of it. 
 No terce is due out of lands in which the 
 husband was not infeft, unless in case of a 
 fraudulent omission. Craig, Inst. 423, § 28. 
 The terce is not limited to lands, but ex- 
 tends to teinds, and to servitudes and other 
 burdens affecting lands. Ersk. Inst. 2. 9. 
 26; Burge, Confl. Laws, 429-435. 
 
 TERCER. In the Scotch law, a widow 
 that possesses the third part of her hus- 
 band's land, as her legal jointure. 1 Kames, 
 Eq. pref. 
 
 TERM. 
 
 In Construction. Word; expression; 
 
 speech. 
 
 Terms are words or characters by which 
 we announce our sentiments, and make 
 known to others things with which we are 
 acquainted. These must be properly con- 
 strued or interpreted in order to under 
 stand the parties using them. 
 
 In Contracts. The space of time 
 
 granted to a debtor for discharging his ob- 
 ligation. These are express terms, result- 
 ing from the positive stipulations of the 
 agreement, as, where one undertakes to pay 
 a certain sum on a certain day, and also 
 terms which tacitly result from the nature 
 of the things which are the object of the 
 engagement, or from the place where the 
 act is agreed to be done. For instance, if 
 a builder engage to construct a house for 
 me, I must allow a reasonable time for ful- 
 filling his engagement. 1 Wis. 314. 
 
 In Estates. The limitation of an es- 
 tate; as, a term for years, for life, and the 
 like. The word "term" does not merely 
 signify the time specified in the lease, but 
 the estate, also, and interest that passes 
 by that lease, and therefore the term may 
 expire during the continuance of the time; 
 as, by surrender, forfeiture, and the like. 
 2 Bl. Comm. 145; 8 Pick. (Mass.) 339. 
 
 — —Of Court. The space of time during 
 which a court holds a session. The stated 
 periods during which courts sit for the 
 dispatch of business. Sometimes the term 
 is a monthly, at others it is a quarterly, 
 period, according to the constitution of the 
 court. 
 
 TERM ATTENDANT ON THE INHERI- 
 tance. See "Attendant Terms." 
 
 TERM FOR YEARS. An estate for years, 
 and the time during which such estate is 
 to be held, is each called a "term"; hence 
 the term may expire before the time, as, 
 by a surrender. Co. Litt. 45. See "Estate 
 for Years." 
 
TERM IN GROSS 
 
 1002 
 
 TERRA 
 
 TERM IN GROSS. A term of years Is 
 said to be either in gross (outstanding) or 
 attendant upon the inheritance. It is out- 
 standing, or in gross, when it is unattached 
 or disconnected from the estate or inheri- 
 tance, as where it is in the hands of some 
 third party having no interest in the inher- 
 itance. It is attendant when vested in 
 some trustee in trust for the owner of the 
 inheritance. Brown. 
 
 TERM OF OFFICE. The term of office as 
 fixed by law is sometimes used interchange- 
 ably with the term or time of occupancy of 
 the incumbent of such office, but it must 
 be distinctly borne in mind that the term 
 of office as fixed by law is entirely dif- 
 ferent from the period of time such office 
 is held by the incumbent thereof, some 
 times referred to as the term. The gen- 
 eral rule seems to be that the term of of- 
 fice, when not fixed as to the date of its 
 beginning and ending by a constitution or 
 statute, begins in the case of elective of- 
 fices on the date of election. 280 111. 444. 
 
 TERM PROBATORY. The time during 
 which evidence may be taken in a cause. 
 
 TERM TO CONCLUDE. In English eccle- 
 siastical practice. An appointment by the 
 judge of a time at which both parties are 
 understood to renounce all further exhibits 
 and allegations. 
 
 TERM TO PROPOUND ALL THINGS. 
 In English ecclesiastical practice. An ap- 
 pointment by the judge of a time at which 
 both parties are to exhibit all the acts and 
 instruments which make for their respective 
 causes. 
 
 TERMS AND CONDITIONS. The words 
 as used in contracts generally mean the 
 propositions, limitations, and exactions 
 which comprise in whole or in part the 
 agreement, and govern the contracting 
 parties, defining what they obligate them- 
 selves to do or not to do. 173 Mich. 314. 
 
 TERMINABLE PROPERTY. Such prop- 
 erty (e. g., leaseholds, terminable annuities, 
 etc.), as has no permanent duration, but 
 must and will end at a certain time, usual- 
 ly determined beforehand. 
 
 TERMINARE (Lat.) In old English law. 
 To end or determine; to dispose of judi- 
 cially; to decide. 
 
 TERMINATING BUILDING SOCIETIES. 
 
 Societies, in England, where the members 
 commence their monthly contributions on a 
 particular day, and continue to pay them 
 until the realization of shares to a given 
 amount for each member, by the advance 
 of the capital of the society to such mem- 
 bers as required it, and the payment of 
 interest as well as principal by them, so 
 as to insure such realization within a given 
 period of years. They have been almost 
 superseded by permanent building societies. 
 
 TERMINER (Law Fr.; from Lat. fermi- 
 nare q. v.). To determine. A oyer et termi- 
 ner toutes quereles, to hear and determine 
 all complaints. Britt. fol. 1. 
 
 TERMING. In Spanish law. A common; 
 common land. Common because of vicin- 
 age. White, New Recop. bk. 2, tit. 1, c. 6, 
 S 1, note. 
 
 TERMINUM (Lat.) In civil law. A day 
 set to the defendant. Spelman. In this 
 sense, Bracton, Glanville, and some others 
 sometimes use it. Reliquiae Spelmanianae, 
 p. 71; Beames, Glanv. 27, note. 
 
 TERMINUM QUI PRETERMT, WRIT OF 
 entry ad. A writ which lay for the rever- 
 sioner, when the possession was withheld 
 by the lessee, or a stranger, after the de- 
 termination of a lease for years. Brown. 
 
 TERMINUS (Lat.) A boundary or limit, 
 either of space or time. A bound, goal, or 
 borders parting one man's land from anoth- 
 er's. Est inter eos non de terminis, sed tota 
 possessione contentio. Cic. Acad. 4, 43. It 
 is used also for an estate for a term of 
 years; e. g., "interesse termini." 2 Bl. Comm. 
 143. 
 
 Terminus a quo. The starting point of a 
 private way is so called. Hammond, N. P. 
 196. The point or place from which the 
 grantee is to set out in order to use the 
 way. 19 111. 563. 
 
 Terminus ad quem,. The point of ter- 
 mination of a private way is so called. 19 
 111. 564. 
 
 TERMINUS ANNORUM CERTUS DEBET 
 esse et determlnatus. A term of years ought 
 to be certain and determinate. Co. Litt. 45. 
 
 TERMINUS ET (AC) FEODUM NON 
 possunt constare simul in una eademque 
 persona. A term and the fee cannot both 
 be in one and the same person at the same 
 time. Plowd. 29; 3 Mass. 141. 
 
 TERMINUS JURIS (Law Lat.) In Eng- 
 lish ecclesiastical practice. The time of one 
 or two years, allowed by law for the de- 
 termination of appeals. Halifax, Anl. bk. 3, 
 c. 11, No. 38. 
 
 TERMOR. One who holds lands and ten- 
 ements for a term of years, or life. Litt. 
 § 100; 4 Tyrwh. 56L 
 
 TERRA. Earth; land. 
 
 Terra Affirmata. Land let to farm. 
 
 Terra Boscalis. Woody land. 
 
 Terra Culta. Cultivated land. 
 
 Terra Debilis. Weak or barren land. 
 
 ^Terra Dominica (or Indomlnlcata). 
 
 The demesne land of a manor. Cowell, 
 
 — I — Terra Excultabills. Land which may 
 be plowed. Mon. Angl. i. 426. 
 
 Terra Extendenda, A writ addressed 
 
 to an escheator, etc., that he inquire and 
 find out the true yearly value of any land, 
 etc., by the oath of twelve men, and to 
 certify the extent into the chancery. Reg. 
 Writs, 293. 
 
TERRAE DOMINCALES REGIS 
 
 1003 
 
 TERROR 
 
 Terra Frusca (or Frisoa). Fresh land, 
 
 not lately plowed. Cowell. 
 
 Terra Hydata. Land subject to the 
 
 payment of hydage. Selden. 
 
 Terra Lucrabilis. Land gained from 
 
 the sea, or inclosed out of a waste. Cowell. 
 
 Terra Manens Vacua Occupanti Con- 
 
 ceditur. Land lying unoccupied is given to 
 the first occupant. 1 Sid. 347. 
 
 Terra Normanorum. Land held by a 
 
 Norman. Par. Ant. 197. 
 
 Terra Nova. Land newly converted 
 
 from wood ground or arable. Cowell. 
 
 Terra Putura. Land in forests, held 
 
 by the tenure of furnishing food to the 
 keepers therein. 4 Inst. 307. 
 
 ^Terra Sabulosa. Gravelly or sandy 
 
 ground. 
 
 ^Terra Testamentalls. Gavelkind land, 
 
 being disposable by will. Spelman. 
 
 —Terra Transit cum Onere. Land 
 passes with the incumbrances. Co. Litt. 
 231; Broom, Leg. Max (3d London Ed.) 
 437, 630. 
 
 Terra Vestita. Land sown with corn. 
 
 Cowell. 
 
 Terra Walnabilis. Tillabl e land. 
 
 Cowell. 
 
 ^— Terra Warrenata. Land that has the 
 liberty of free warren. 
 
 TERRAE DOMINCALES REGIS. The de- 
 mesne lands of the crown. 
 
 TERRAGES. An exemption from all un- 
 certain services. Cowell. 
 
 TERRARIUS. In old English law. A 
 landholder. 
 
 TERRE TENANT (improperly spelled 
 ter tenant). One who has the actual pos- 
 session of land; but, in a more technical 
 sense, he who is seised of the land; and in 
 the latter sense, the owner of the land, or 
 the person seised, is the terre tenant, and 
 not the lessee. 4 Watts & S. (Pa.) 256; 
 Bac. Abr. "Uses and Trusts." It has been 
 holden that mere occupiers of the land are 
 not terre tenants. See 16 Serg. & R. (Pa.) 
 432; 3 Pa. 229; 2 Saund. 7, note 4; 2 Bl. 
 Comm. 91, 328. 
 
 TERRIER. In English law. A roll, cata- 
 logue, or survey of lands, belonging either 
 to a single person or a town, in which are 
 stated the quantity of acres, the names of 
 the tenants, and the like. 
 
 By the ecclesiastical law, an inquiry is 
 directed to be made from time to time of 
 the temporal rights of the clergyman of 
 every parish, and to be returned into the 
 registry of the bishop. This return is de- 
 nominated a "terrier." 1 Phil. Ev. 602, 
 603. 
 
 TERRIS BONIS ET CATALLIS REHA- 
 bendis pos-t purgationem. A writ for a clerk 
 to recover his lands, goods, and chattels, 
 formerly seized, after he had cleared him- 
 self of the felony of which he was ac- 
 
 cused, and delivered to his ordinary to be 
 purged. Reg. Orig. 
 
 TERRIS ET CATALLIS TENTIS ULTRA 
 debitum levatum. A judicial writ for the re- 
 storing of lands or goods to a debtor who 
 is distrained above the amount of the debt. 
 Reg. Jud. 
 
 TERRIS LIBERANDIS. A writ that lay 
 for a man convicted by attaint, to bring the 
 record and process before the king, and 
 take a fine for his imprisonment, and then 
 to deliver to him his lands and tenements 
 again, and release him of the strip and 
 waste. Reg. Orig. 232. Also it was a 
 writ for the delivery of lands to the heir, 
 after homage and relief performed, or upon 
 security taken that he should perform 
 them. Id. 293. 
 
 TERRITORIAL COURTS. The courts es- 
 tablished in the territories of the United 
 States. 
 
 TERRITORIUM (Lat. from terra, land). 
 A territory, or district; the territorial 
 limits of a government; the extent or limits 
 of the jurisdiction of a court. 
 
 TERRITORY. A part of a country sepa- 
 rated from the rest, and subject to a par- 
 ticular jurisdiction. The extent or com- 
 pass of land and the waters thereof within 
 the bounds of or belonging to the jurisdic- 
 tion of any sovereign state, or city or other 
 body. 110 111. App. 370. 
 
 The word is derived from terreo, and is 
 said to be so called because the magistrate 
 within his jurisdiction has the power of in- 
 spiring a salutary fear. Dictum est ah eo 
 quod magistratus intra fines ejus terrendi 
 jus habet. Henrion de Pansy, Auth, Judici- 
 aire, 98. In speaking of the ecclesiastical 
 jurisdictions, Francis Duaren observes that 
 the ecclesiastics are said not to have ter- 
 ritory, nor the power of arrest or removal, 
 and are not unlike the Roman magistrates 
 of whom Gellius says vocationem habebant 
 non prehensionem. De Sacris Eccles. Minist. 
 lib. 1, c. 4. 
 
 In American Law. A portion of the 
 
 country subject to and belonging to the 
 United States which is not within the 
 boundary of any 6f the states. 
 
 TERROR (Lat.) That state of the mind 
 which arises from the event or phenomenon 
 that may serve as a prognostic of some 
 catastrophe; affright from apparent dan-i 
 ger. 
 
 One of the constituents of the offense 
 of riot is that the acts of the persons en- 
 gaged in it should be to the terror of the 
 people, as a show of arms, threatening 
 speeches, or turbulent gestures; but it is 
 not requisite, in order to constitute this 
 crime, that personal violence should be com- 
 mitted. 3 Campb. 369; 1 Hawk. P. C. c. 
 65, §5; 4 Car. & P. 373, 538. See RoUe, 
 109; Dalton, Just c. 186; Viner, Abr. 
 "Riots" (A 8). 
 
TERTIA DENUNCIATIO 
 
 1004 
 
 TESTAMENT 
 
 TERTIA DENUNCIATIO (Lat) In old 
 •English law. Third publication or proc- 
 lamation of intended marriage. Cum harif 
 num et tertia denunciatio fiat, when the 
 banns and third publication are made. 
 Bracton, fol. 307b. 
 
 TERTIUS INTERVENIENS (Lat.) In civil 
 law. One who, claiming an interest in 
 the subject or thing in dispute in action 
 between other parties, asserts his right to 
 act with the plaintiff, to be joined with 
 him, and to recover the matter in dispute, 
 because he has an interest in it, or to join 
 the defendant, and with him oppose the in- 
 terest of the plaintiff, which it is his inter- 
 est to defeat. He differs from the inter- 
 vener, or he who interpleads in equity. 4 
 Bouv. Inst n. 3819, note. 
 
 TEST. Something by which to ascertain 
 the truth respecting another thing. 7 Pa. 
 St. 428; 6 Whart. (Pa.) 284. See Test 
 Act. 
 
 TEST ACT. Act 25 Car. II. c. 2, by which 
 it was enacted that all persons holding any 
 office, civil or military (excepting some very 
 inferior ones), or receiving pay from the 
 crown, or holding a place of trust under it, 
 should take the oath of allegiance and su- 
 premacy, and subscribe a declaration 
 against transubstantiation, and receive the 
 sacrament according to the usage of the 
 Church of England, under a penalty of 
 £500 and disability to the office. 4 Bl. 
 Comm. 59. From this act the word "test" 
 originally acquired its signification in con- 
 nection with the word "oath." 116 III. 
 606. An odious act now abolished, 9 Geo. 
 IV, c. 17, so far as taking sacrament is 
 concerned, and a new form of declaration 
 substituted. Enc. Brit. 
 
 TEST ACTION. An action brought to de- 
 termine a doubtful right affecting many 
 persons. It may be an action selected from 
 a number of pending actions brought to 
 enforce such a right, the parties agreeing 
 that all actions shall follow the decision 
 in the test action, or a single action may be 
 brought by one person at the instance of 
 all to determine the right. Test cases are 
 sometimes had in criminal practice where 
 the validity of a statute or ordinance is 
 questioned, and a prosecution is lodged 
 against one person, with the tacit under- 
 standing that further prosecutions will be 
 postponed, or will be determined according 
 to the result of that one. 
 
 TEST OATH. An oath required as a con- 
 dition precedent to the right to fill a pub- 
 lic office. Generally, an oath of present 
 allegiance, or of denial of connection with 
 some past insurrection. 
 
 TEST PAPER. A paper submitted to the 
 jury as a test or standard by which to de- 
 termine the genuineness of other writings. 
 7 Pa. St. 428; 6 Whart. (Pa.) 284. Only 
 admissible when no collateral issue can be 
 
 raised concerning it. See 14 N. Y. 439; 1 
 Greenl. Ev. §581. 
 
 TESTABLE. A person is said to be test- 
 able when he has capacity to make a will. 
 A man of twenty-one years of age and of 
 sane mind is testable. The capacity to 
 make a will must be distinguished from a 
 special power to dispose of property by 
 will. Thus, a power given to a married 
 woman by a settlement to dispose of prop- 
 erty by will does not make her testable. 
 L. R. 7 H. L. 593. But if property is set- 
 tled on a married woman for her separate 
 use, she is testable so far as that property 
 is concerned. 
 
 TESTACY. The condition of one dying 
 having made a will. Opposed to "intes» 
 tacy" (q. V.) It may exist as to all prop- 
 erty, or may be but "partial," as to such 
 only as is disposed of. 
 
 TESTAMENT. In civil law. The appoint- 
 ment of an executor or testamentary heir, 
 according to the formalities prescribed by 
 law. Domat, liv. 1, tit. 1, § 1. 
 
 At first there were only two sorts of 
 testaments among the Romans,-— that called 
 calatis comitiis, and another called in pro- 
 einctu. In the course of time, these two 
 sorts of testament having become obsolete, 
 a third _ form was introduced, called per 
 aes et libram, which was a fictitious sale 
 of the inheritance to the heir apparent. 
 The inconveniences which were experi- 
 enced from these fictitious sales again 
 changed the form of testaments, and the 
 praetor introduced another, which required 
 the seal of seven witnesses. The emperors 
 having incr€ased the, solemnity of these 
 testaments, they were called "written" or 
 "solemn" testaments, to distinguish them 
 from "nuncupative" testaments, which 
 could be made without writing. Afterwards 
 military testaments were introduced in 
 favor of soldiers actually engaged in mili- 
 tary service. 
 
 (1) A testament calatis comitiis, or made 
 in the comitia, — that is, the assembly of 
 the Roman people, — ^was an ancient man- 
 ner of making wills, used in times of peace 
 among the Romans. The comitia met twice 
 a year for this purpose. Those who wished 
 to make such testaments caused to be con- 
 voked the assembly of the people by these 
 words, calatis comitiis. None could make 
 such wills that were not entitled to be at 
 the assemblies of the people. This form 
 of testament was repealed by the law of the 
 Twelve Tables. 
 
 (2) A civil testament is one made ac- 
 cording to all the forms prescribed by law, 
 in contradistinction to a military testament, 
 in making which some of the forms may be 
 dispensed with. Civil testaments are more 
 ancient than military ones ; the former were 
 in use during the time of Romulus, the 
 latter were introduced during the time of 
 Coriolanus. See Hist, de la Jur. Rom. de 
 M. Terrason, p. 119. 
 
TESTAMENT 
 
 1005 
 
 TESTAMENTUM 
 
 (3) A common testament is one which is 
 made jointly by several persons. Such tes- 
 taments are forbidden in Louisiana (Civ. 
 Code La. art. 1565), and by the laws of 
 France (Civ. Code 968), in the same words, 
 namely:* "A testament cannot be made by 
 the same act, by two or more persons, either 
 for the benefit of a third person, or under 
 the title of a reciprocal or mutual disposi- 
 tion." 
 
 (4) A testament ab irato is one made in 
 a gust of passion or hatred against the 
 presumptive heir, rather than from a de- 
 sire to benefit the devisee. When the facts 
 of unreasonable anger are proved, the will 
 is annulled as unjust, and as not having 
 been freely made. See "Ab Irato." 
 
 (5) A mystic testament (called a 
 "solemn testament," because it requires 
 more formality than a nuncupative testa- 
 ment) is a form of making a will which 
 consists principally in enclosing it in an 
 envelope and sealing it in the presence of 
 witnesses. 
 
 This kind of testament is used in Louisi- 
 ana. The following are the provisions of 
 the Civil Code of that state on the subject, 
 namely: The mystic or secret testament, 
 otherwise called the "close testament," is 
 made in the following manner: The testa- 
 tor must sign his dispositions, whether he 
 has written them himself, or has caused 
 them to be vrritten by another person. The 
 paper containing these dispositions, or the 
 paper serving as their envelope, must be 
 closed and sealed. The testator shall pre- 
 sent it thus closed and sealed to the notary 
 and to seven witnesses, or he shall cause 
 it be closed and sealed in their presence; 
 then he shall declare to the notary, in the 
 presence of the witnesses, that that paper 
 contains his testament written by himself, 
 or by another by his direction, and signed 
 by him, the testator. The notary shall then 
 draw up the act of superscription, which 
 shall be written on that paper, or on the 
 sheet that serves as its envelope, and that 
 act shall be signed by the testator and by 
 the notary and the witnesses. 5 Mart. 
 (La.) 182. All that is above prescribed 
 shall be done without interruption or turn- 
 ing aside to other acts; and in case the 
 testator, by reason of any hindrance that 
 has happened since the signing of thetesta- 
 ment, cannot sign the act of superscription, 
 mention shall be made of the declaration 
 made by him thereof, without its being nec- 
 essary in that case to increase the number 
 of witnesses. Those who know not how or 
 are not able to write, and those who know 
 not how or are not able to sign their names, 
 cannot make dispositions in the form of the 
 mystic will. If any one of the witnesses to 
 the act of superscription knows not how 
 to sign, express mention shall be made 
 thereof. In all cases the act must be sig:ned 
 by at least two witnesses. Civ. Code La. 
 arts. 1577-1580. 
 
 (6) A nuncupative testament was one 
 made verbally. In the presence of seven 
 
 witnesses. It was not necessary that it 
 should have been in writing; the proof of 
 it was by parol evidence. See "Nuncupa- 
 tive Will." 
 
 In Louisiana, testaments, whether nun- 
 cupative or mystic, must be drawn up in 
 writing, either by the testator himself, or 
 by some other person under his dictation. 
 The custom of making verbal statements, 
 that is to say, resulting from the mere dep- 
 osition of witnesses who were present when 
 the testator made known to them his will, 
 without his having committed it or caused 
 it to be committed to writing, is abrogated. 
 Nuncupative testaments may be made by 
 public act, or by act under private signa- 
 ture. Civ. Code La. arts. 1568-1570. 
 
 (7) An olographic testament is one 
 which is written wholly by the testator him- 
 self. In order to be valid, it must be en- 
 tirely written, dated, and signed by the 
 hand of the testator. It is subject to no 
 other form. See Civ. Code La. art. 1581. 
 
 See "Will." 
 
 TESTAMENTA LATISSIMAM INTER- 
 pretationetn habere debent. Wills ought to 
 have the broadest interpretation. Jenk. 
 Cent. Cas. 81. 
 
 TESTAMENTARY. Belonging to a testa- 
 ment; as, a testamentary gift; a testa- 
 mentary guardian, or one appointed by will 
 or testament; letters testamentary, or a 
 writing under seal, given by an officer law- 
 fully authorized, granting power to one 
 named as executor to execute a last will or 
 testament. 
 
 TESTAMENTARY CAPACITY. Mental 
 capacity sufficient to make a valid wilL 
 
 TESTAMENTARY CAUSES. In English 
 law. Causes relating to probate of testa- 
 ments and administration, and accounts 
 upon the same. They are enumerated 
 among ecclesiastical causes by Lord Coke. 
 
 5 Coke, 1, and tables of cases at the end 
 of the part. Over these causes the probate 
 court has now exclusive jurisdiction, by 20 
 
 6 21 Vict. c. 77, amended by 21 & 22 Vict. 
 c. 95. 
 
 TESTAMENTARY DISPOSITION. A gift 
 which does not take effect as an executed 
 and completed transfer to the donee, either 
 legal or equitable, during the lifetime of 
 the donor. 136 111. 398, 
 
 TESTAMENTARY GUARDIAN. A guard- 
 ian appointed by last will of a father to 
 have custody of his child and his real and 
 personal estate till he attains the age of 
 twenty-one. In England, the power to ap- 
 point such guardian was given by 12 Car. 
 II. c. 24. The principles of this statute 
 have been generally adopted in the United 
 States (12 N. H. 437), but not in Connecti- 
 cut (1 Swift, Dig. 48). 
 
 TESTAMENTUM (Lat.) 
 
 In the Civil Law. A testament; a 
 
 will, or last will. 
 
TESTAMENTUM EST 
 
 1006 
 
 TESTIMONIAL PROOF 
 
 In Old English Law. A testament or 
 
 will; a disposition of property made in con- 
 templation of death. Bracton, fol. 60. 
 
 A general name for any instrument of 
 conveyance, including deeds and charters, 
 and so called either because it furnished 
 written testimony of the conveyance, or be- 
 cause it was authenticated by witnesses 
 (testes). Spelman. 
 
 TESTAMENTUM EST VOLUNTATIS 
 nostrae justa senten'tia, de eo quod quis post 
 mortem suam fieri velit. A testament is the 
 just expression of our will concerning that 
 which any one wishes done after his death; 
 or, as Blackstone translates, "the legal dec- 
 laration of a man's intentions which he 
 wills to be performed after his death." 2 
 Bl. Comm. 499; Dig. 28. 1. 1; Id. 29. 3. 2. 1. 
 
 TESTAMENTUM, I. E., TEST ATI O MEN- 
 tls, facta nullo praesente metu periculi, sed 
 cogitatione mortalitatis. A testament, i. e., 
 the witnessing of one's intention, made 
 under no present fear of danger, but in 
 expectancy of death. Co. Litt. 322. 
 
 TESTAMENTUM INOFFICIOSUM (Lat) 
 In the civil law. An unofRcious testament. 
 
 TESTAMENTUM OMNE MORTE CON- 
 summatum. Every will is completed by 
 death. Co. Litt. 232. 
 
 TESTATE. The condition' of ohe who 
 leaves a valid will at his death. 
 
 TESTATION. Witness; evidence. 
 
 TESTATOR (Lat.) One who has made a 
 testament or will. 
 
 TESTATORIS ULTIMA VOLUNTAS EST 
 perimplenda secundum veram intentionem 
 suam. The last will of a testator is to be 
 fulfilled according to his real intention. Co. 
 Litt. 322. 
 
 TESTATRIX (Lat.) A woman who makes 
 a will or testament. 
 
 TESTATUM (Lat.) 
 
 In Practice. The name of a writ which 
 
 is issued by the court of one county to the 
 sheriff of another county in the same state, 
 when the defendant cannot be found in the 
 county where the court is located; for ex- 
 ample, after a judgment has been obtained, 
 and a ca. sa. has been issued, which has 
 been returned non est inventus, a testatum 
 ca. sa. may be issued to the sheriff of the 
 ' county where the defendant is. See Viner, 
 Abr. "Testatum," 259. 
 
 In conveyancing. That part of a deed 
 
 which commences with the words "this in- 
 denture witnesseth." 
 
 TESTATUS (Lat.) In the civil law. Tes- 
 tate; one who has made a will. Testatus 
 et intestatus, testate and intestate. Die. 
 50. 17. 7. 
 
 TESTE MEIPSO (Lat.) In old English law 
 and practice. A solemn formula of attesta- 
 
 tion by the sovereign, used at the conclu- 
 sion of charters, and other public instru- 
 ments, and also of original writs out of 
 chancery. Spelman. 
 
 TESTE OF A WRIT (Lat.) In practice. 
 The concluding clause, commencing with 
 the word "witness," etc. A signature in 
 attestation of the fact that a writ is issued 
 by authority. 
 
 The act of Congress of May 8, 1792 (1 
 Story, U. S. Laws, 227), directs that all 
 writs and process issuing from the supreme 
 or a circuit court shall bear teste of the 
 chief justice of the supreme court, or, if 
 that office be vacant, of the associate jus- 
 tice next in precedence; and that all writs 
 or process issuing from a district court 
 shall bear teste of the judge of such court, 
 or, if the said office be vacant, of the clerk 
 thereof. See Serg. Const. Law, Index; 20 
 Viner, Abr. 262; Steph. PI. 25. 
 
 TESTED. Bearing teste. 
 
 TESTES (Lat.) Witnesses. 
 
 TESTES QUI POSTULAT DEBET DARE 
 eis sumptus competentes. Whosoever de- 
 mands witnesses must find them in compe- 
 tent provision. 
 
 TESTES, TRIAL PER. A trial had before 
 a judge without the intervention of a jury, 
 in which the judge is left to form in his 
 own breast his sentence upon the credit of 
 the witnesses examined; but this mode of 
 trial, although it was common in the civil 
 law, was seldom resorted to in the practice 
 of the common law, but it is now becom- 
 ing common when each party waives his 
 right to a trial by jury. Brown. See 
 "Trial." 
 
 TESTIBUS DEPONENTIBUS IN PARI 
 numero dignioribus est credendum. When 
 the number of witnesses is equal on both 
 sides, the more worthy are to be believed. 
 4 Inst. 279. 
 
 TESTIFY. To give evidence according to 
 law; the examination of a witness who de- 
 clares his knowledge of facts. 
 
 TESTIMONIA PONDERANDA SUNT, 
 non numeranda. Evidence is to be weighed, 
 not enumerated. 
 
 TESTIMONIAL. A certificate under the 
 hands of a justice of the peace testifying 
 the place and time when and where a sol- 
 dier or mariner landed, and the place of 
 his dwelling and birth, whither he is to 
 pass. Cowell; 3 Inst. 85. The document 
 holds a kind of doubtful position midway 
 bptween a certificate and a permit, or pass. 
 Brown. 
 
 TESTIMONIAL PROOF. In civil law. A 
 term used in the same sense as "parol evi- 
 dence" is used at common law, and in con- 
 tradistinction to "literal proof," which is 
 written evidence. 
 
TESTIMONIES 
 
 1007 
 
 THELUSSON ACT 
 
 TESTIMONIES. In Spanish law. An at- 
 tested copy of an Instrument by a notary. 
 Newman & Barrett!; Tex. Dig. 
 
 TESTIMONIUM CLAUSE. In conveyanc- 
 ing. That clause of.a deed or instrument 
 with which it concludes: "In witness 
 whereof, the parties to these presents have 
 hereunto set their hands and seals." 
 
 TESTIMONY. The statement made by a 
 witness under oath or affirmation. 
 
 For distinction between "testimony" and 
 "evidence," see "Evidence." 
 
 TESTIS (Lat.) A witness. 
 
 TESTIS D'E VI SU PRAEPONDERAT 
 alils. An eye witness outweighs others. 4 
 Inst. 470. 
 
 TESTIS LUPANARIS SUFFICIT AD FAC- 
 tum in lupanari. A lewd person is a suffi- 
 cient witness to an act committed in a 
 brothel. Moore, 817. 
 
 TESTIS NEMO IN SUA CAUSA ESSE 
 potest. No one can be a witness in his own 
 cause. Otherwise in England, by St. 14 & 
 15 Vict. 99, and many of the states of the 
 United States. 
 
 TESTIS OCULATUS UNUS PLUS VALET 
 quam' auriti decern. One eye witness is worth 
 ten ear witnesses. 4 Inst. 279. See 3 
 Bouv. Inst, note 3154. 
 
 TESTMOIGNE. This is an old and bar- 
 barous French word, signifying, in the old 
 books, evidence. Comyn, Dig. 
 
 TESTMOIGNES NE POENT TESTIFIE 
 le negative, mes I'affirmative. Witnesses 
 cannot witness to a negative; they must 
 witness to an affirmative. 4 Inst. 279. 
 
 TEXTUS ROFFENSIS (Law Lat.) In old 
 English law. The Rochester text. Ah an- 
 cient manuscript containing many of the 
 Saxon laws, and the rights, customs, ten- 
 ures, etc., of the church of Rochester, 
 drawn up by Ernulph, bishop of that see 
 from A. D. 1114 to 1124. Cowell. Blount 
 gives it a greater antiquity. 
 
 THAINLAND, or THANELAND. In old 
 English law. The land which was granted 
 hy the Saxon kings to their thains or thanes 
 was so called. Crabb, Com. Law, 10. 
 
 THALER. A silver coin of Germany. The 
 composition and value of this piece for- 
 merly varied considerably in different por- 
 tions of the country, — the value ranging 
 from ninety-five to- one hundred and five 
 cents. But the convention of the German 
 states in 1838 fixed the weight of the thaler 
 at 343.8 grains troy, and the fineness at 
 750 thousandths, which is the only standard 
 now in use. The value, at this rate, is 
 seventy-two cents. The name (thaler) is 
 supposed to have originated from the Ger- 
 man word thai, a dale, or valley, — the first 
 thalers having been coined in the valley 
 
 of Joachim, from which it obtained the 
 name of "Joachim's thaler." From this 
 coin the word "dollar," as applied to Span- 
 ish and American coins, is derived. 
 
 THALWEG. A line following the lowest 
 part of a valley whether under water or 
 not. Webster. Where a navigable river 
 forms the boundary of coterminous states, 
 the thalweg, or middle of the navigable 
 channel is generally taken as the line of 
 separation between them. 145 111. 603. 
 
 THANE (Saxon thenian, to serve). In 
 Saxon law. A word which sometimes sig- 
 nifies a nobleman; at others, a freeman, a 
 magistrate, an oflficer, or minister. A tenant 
 of the part of the king's lands called the 
 king's "thaneage." Termes de la Ley. 
 
 THANEAGE OF THE KING. In old Eng- 
 lish law. A certain part of the king's land 
 or property, of which the ruler or governor 
 was called "thane." Cowell; Blount. 
 
 THANESHIP. The office and dignity of a 
 thane; the seigniory of a thane. 
 
 THAVIES INN. An inn of chancery. See 
 "Inns of Chancery." 
 
 THE. A demonstrative word which par- 
 ticularizes the noun before which it stands 
 and limits its meaning more definitely and 
 particularly than the indefinite article "a". 
 261 111. 417. 
 
 THEFT. A popular term for larceny, 
 adopted in lieu of the latter term by the 
 Penal Code of Texas. 
 
 — — In Scotch Law. The secret and feloni- 
 ous abstraction of the property of another 
 for sake of lucre, without his consent. Alis. 
 Crim. Law, 250. 
 
 THEFT BOTE. The act of receiving a 
 man's goods from the thief, after they had 
 been stolen by him, with the intent that he 
 shall escape punishment. 
 
 This is an offense punishable at common 
 law by fine and imprisonment. Hale, P. C. 
 130. See "Compounding a Felony." 
 
 THEFT BOTE EST EMENDA FURTI 
 capta, sine consideratione curiae domini re- 
 gis. Theft bote is the paying money to 
 have goods stolen returned, without having 
 any respect for the court of the king. 3 
 Inst. 134. 
 
 THELONIO IRRATI0NABIL1 HABENDO. 
 
 A writ that formerly lay for him that had 
 any part of the king's demesne in fee farm, 
 to recover reasonable toll of the king's 
 tenants there, if his demesne had been ac- 
 customed to be tolled. Reg. Orig. 87. 
 
 THELONIUM. An abolished writ for citi- 
 zens or burgesses to assert their right to 
 exemption from toll. Fitzh. Nat. Brev. 226. 
 
 THELUSSON ACT. An English statute 
 (39 & 40 Geo. III. c. 98), forbidding the 
 holding of property for the purpose of ac- 
 
THEM 
 
 1008 
 
 THINGS 
 
 cumulation beyond a period of twenty-one 
 years from the death of the testator. It 
 was so called because its necessity and 
 passage were suggested by the curious will 
 of one Thelusson, who provided that his 
 estate should be accumulated until the body 
 of it should constitute the largest estate, 
 as the testator designed, in the world. 
 
 THEM, or THEME. The power or right of 
 having jurisdiction over villeins, their off- 
 spring, and Qattle. 
 
 THEMMAGIUM. A duty or acknowledg- 
 ment paid by inferior tenants in respect of 
 theme. Cowell. 
 
 THEN. In the grammatical sense is an 
 adverb of time. In such case the context 
 should plainly show that it was so used 
 before effect is thus given to it. 233 Pa. 
 St. 35; Ann. Cas. 1913B 321; 2 Atk. 308; 
 19 N. Mex. 477. It is often used for the 
 purpose of denoting an event or contin- 
 gency, and is equivalent to the words "in 
 that event" or "in that case." Frequently 
 used in legal instruments to designate limi- 
 tations of estates, or future contingencies 
 on which they are made to depend. When 
 thus used it becomes a word of reference, 
 and does not indicate any particular point 
 of time. 6 Gray (Mass.) 24; 16 Ga. 557; 
 Ann. Cas. 1913B 321. See "Then and 
 There." 
 
 THEN AND THERE. Refers to the time 
 and place last specified, unless some phrase 
 is used in connection therewith which 
 shows that a different reference was in- 
 tended. 263 111. 476, 477; 138 111. 556. In 
 an indictment it means at the time and 
 place charged, and refers to a single trans- 
 action only. 19 N. Mex. 477; Ann. Cas. 
 1917D 825; 153 Ind. 93. 
 
 THEOCRACY. A species of government 
 which claims to be immediately directed by 
 God. 
 
 La religion, qui, dans I'antiquite, s'associa 
 souvent au despotisme, pour regner par son 
 bras ou a son ombrage, a quelquefois tente 
 de regner seule. C'est ce qu'elle a/ppelait le 
 regne de Dieu, la theocratie. Beligion, 
 which in former times frequently associ- 
 ated itself with despotism, to reign by its 
 power or under its shadow, has sometimes 
 attempted to reign alone; and this she has 
 called the "reign of God," — ^theocracy. 
 Matter, de I'lnfluence des Moeurs sur les 
 Lois, et de I'lnfluence des Lois sur les 
 Moeurs, 189. 
 
 THEODOSIAN CODE. See "Code." 
 
 THEOF. In Saxon law. Offenders who 
 joined in a body of seven to commit dep- 
 redations. Wharton. 
 
 THEREBY. By that; by that means; in 
 consequence of that; through the agency 
 or in consequence of that. 113 111. App. 
 556. 
 
 THEREUPON. An adverb signifying im- 
 mediately, at once, without delay, and it 
 is in that sense that it would ordinarily 
 be understood. 23 111. App. 618. 
 
 THESAURUS, or THESAURIUM. The 
 treasury; a treasure. 
 
 THESAURUS ABSCONDITU8. Treasure 
 hidden, or buried. Spelman. 
 
 THESAURUS COMPETIT DOMINO REGI, 
 et non domino libertatis, nisi sit per verba 
 speciaiia. A treasure belongs to the king, 
 and not to the lord of a liberty, unless it be 
 through special words. Fitz. Coron. 281. 
 
 THESAURUS INVENTUS. Treasure 
 trove (q. v.) 
 
 THESAURUS INVENTUS EST VETUS 
 dispositio pecuniae, etc., cujus non extat 
 mode miennoria, adeo ut jam dominum non 
 habeat. Treasure trove is an ancient hiding 
 of money, etc., of which no recollection ex- 
 ists, so that it now has no owner. 3 Inst. 
 132. 
 
 THESAURUS NON COMPETIT REGI, 
 nisi quando nemo scit qui abscondit thesau- 
 rum. Treasure does not belong to the king 
 unless no one knows who hid it. 3 Inst. 132. 
 
 THESAURUS REGIS EST VINCULUM 
 pacis et beiiorum nervus. The king's treas- 
 ure is the bond of peace and the sinews of 
 war. Godb. 293. 
 
 THESE. The plural of "this" and op- 
 posed to "those," relates to the persons or 
 things nearest or last mentioned, and 
 "those" to the most remote or first men- 
 tioned. 69 111. App. 386. 
 
 THESMOTHETE. A law maker; a law 
 giver. 
 
 THIEF. One who has been guilty of lar- 
 ceny or theft. 113 111. App. 450. 
 
 THIEVES. The term "thieves" is broad 
 enough in law to cover both compound 
 and simple larceny, and, in common par- 
 lance to include the latter; and when used 
 in a policy of insurance upon the cargo 
 of a vessel, it is not restricted in its ap- 
 plication to external or assailing thieves, 
 as pirates, rovers, etc., but covers a simple 
 larceny committed by a stranger to the 
 ship. 1 Hill (N. Y.) 25, affirmed in 26 
 Wend. (N. Y.) 563. And see 5 Paige (N. 
 Y.) 285. 
 
 THINGS. By this word is understood 
 every object, except man, which may be- 
 come an active subject of right. Code du 
 Canton de Berne, art. 332. 
 
 Any object that may be possessed; all 
 matters of substance in contradiction to 
 persons; whatever may be possessed or 
 owned; subjects of property and dominion; 
 synonymous with "effects" or "goods" or 
 "assets" or "property." 240 Pa. St. 261, 
 87 Atl. 590, Ann. Cas. 1915A 24. 
 
THINGS IN ACTION 
 
 1009 
 
 THOROUGHFARE 
 
 In this sense it Is opposed, in the lan- 
 guage of the la'W, to uie word "persons." 
 See Property; Bes. 
 
 THINGS IN ACTION. A ohoae In action. 
 Civ. Code Gal. § 958. See "Chose." 
 
 THINGS PERSONAL. Goods, money, and 
 all other movables which may attend the 
 owner's person wherever he thinks proper 
 to go. 2 Bl. Comm. 16. Things personal 
 consist of goods, money, and all other mov- 
 ables, and of such rights and profits as re- 
 late to movables. 1 Steph. Comm. 156. 
 
 THINGS HEAL, or REALTY. Such things 
 as are permanent, fixed, and immovable, 
 which cannot be carried out of their place, 
 as lands and tenements. 2 Bl. Comm. 16. 
 This definition has been objected to, as not 
 embracing incorporeal rights. Mr. Stephen 
 defines things real to "consist of things 
 substantial and immovable, and of the 
 rights and profits annexed to or issuing out 
 of these." 1 Steph. Comm. 156. Things 
 real are otherwise described to consist of 
 lands, tenements, and hereditaments. See 
 "Real." 
 
 THINGUS. A thane or nobleman; knight 
 or freeman. Cowell. 
 
 THINK. To believe. When a witness 
 prefaces his testimony with "I think," he 
 is to be taken as testifying to what he re- 
 members. 288 111. 97; 43 S. W. Rep. (Tex.) 
 536. 
 
 THIRD BOROW. In old English law. A 
 constable. Lambard, Duty of Const. 6; 28 
 Hen. VII. c 10. 
 
 THIRD-NIGHT-AWN-HINDE. By the laws 
 of St. Edward the Confessor, if any man lay 
 a third night in an inn, he was called a 
 "third-night-awn-hinde," and his host was 
 answerable for him if he committed any of- 
 fense. The first night, f orman-night, or 
 uncuth (unknown), he was reckoned a 
 stranger; the second night, twa-night, a 
 guest; and the third night, an awn-hinde, 
 a domestic. Bracton, lib. 3. 
 
 THIRD PARTIES. A term used to include 
 all persons who are not parties to the con- 
 tract, agreement, or instrument of writing 
 by which their interest in the thing con- 
 veyed is sought to be affected. 1 Mart. (La.; 
 N. S.) 884. See, also, 2 La. 425; 6 Mart. 
 (La.) 528. 
 
 But it is difficult to give a very definite 
 idea of "third persons;" for sometimes 
 those who are not parties to the contract, 
 but who represent the rights of the original 
 parties, as executors, are not to be consid- 
 ered third persons. See 1 Bouv. Inst, note 
 1385 et seq. 
 
 THIRD PENNY. In old English law. Of 
 the fines and other profits of the county 
 courts (originallyj when those courts had 
 superior jurisdiction, before other courts 
 were created) two parts were reserved to 
 
 fhe king, and a third part or penny, to the 
 earl of the county. See "Denarius Tertius 
 Comltatus;" Kennett, Par. Ant. 418; Cow- 
 elL 
 
 THIRDINGS. The third part of the corn 
 growing on the land, due to the lord for 
 a herlot on the death of his tenant, within 
 the manor of Turfat, in Hereford. Blount. 
 
 THIRDS. Occurring in a will, construed 
 to mean the same thing as dower. 2 Keyes 
 (N. Y.) 558; 2 Abb. Pr. (N. S.; N. Y.) 418, 
 affirming 46 Barb. (N, Y.) 609. 
 
 THIRLAGE. In Scotch law. A servitude 
 by which lands are astricted or thirled to a 
 particular mill, and the possessors bound to 
 grind their grain there, for the pajrment of 
 certain multures and sequels as the agreed 
 price of grinding. Ersk. Inst. 2. 9. 18. 
 
 THIS. A demonstrative word referring 
 particularly to what is present or near in 
 place, time, or thought, or to something just 
 mentioned or about to be mentioned. 248 III. 
 144. 
 
 THIS DAY SIX MONTHS (or THREE 
 months). Fixing "this day six months or 
 three months" for the next stage of a bill 
 is one of the modes in which the house of 
 lords and the house of commons reject 
 bills of which they disapprove. A bill re- 
 jected in this manner cannot be reintro- 
 duced in the same session. 
 
 THISTLE TAKE. It was a custom with- 
 in the manor of Halton, in Chester,- that if, 
 in driving beasts over a common, the driver 
 permit them to g:raze or take but a thistle, 
 he shall pay a halfpenny apiece to the lord 
 of the fee. And at Fiskerton, in Notting- 
 hamshire, by ancient custom, if a native 
 or a cottager killed a swine above a year 
 old, he paid to the lord a penny, which pur- 
 chase of leave to kill a hog was also called 
 "thistle take." Cowell. 
 
 THOROUGHFARE. A street or way open- 
 ing at both ends into another street or pub- 
 lic highway, so that one can go through and 
 get out of it without returning. It differs 
 from a cul de sac, which is open only at one 
 end. 
 
 Whether a street which is not a thor- 
 oughfare is a highway seems not fully set- 
 tled. 1 Vent. 189; 1 Hawk. P. C. c. 76, i 1. 
 In a case tried in 1790, where the locus in 
 quo had been used as a common street for 
 fifty years, but was no thoroughfare. Lord 
 Kenyon held that it would make no differ- 
 ence; for otherwise the street would be a 
 trap to make people trespassers. 11 East, 
 375. This decision in several subsequent 
 cases was much criticised, though not di- 
 rectly overruled. 6 Taunt. 126; 5 Barn. & 
 Aid. 456: 3 Bing. 447; 1 Campb. 260; 4 
 AdoL & E. 698. But in a later English case 
 the decision of Lord Kenyon was aflirmed 
 by the unanimous opinion of the court of 
 queen's bench. The doctrine established in 
 
THOSE 
 
 1010 
 
 TIDE WATER 
 
 the latter case is that it is a question for 
 the jury, on the evidence, whether a place 
 •which is not a thoroughfare is a highway 
 or not. 14 Eng. Law & Eq. 69. And see 28 
 Eng. Law & Eq. 30. In the United States 
 there are but few cases in which this ques- 
 tion has been discussed; though in Rhode 
 Island it has been determined that a street 
 terminating upon private land, and extend- 
 ing neither to another way, a mill, a mar- 
 ket, nor other public place, is incapable 
 of dedication to the public as a highway. 2 
 R. I. 172. And a similar decision has been 
 made in New York. 23 N. Y. 103. And see 
 23 N. H. 331; 7 Johns. (N. Y.) 106. 
 
 THOSE. See "These." 
 
 THOUGHT. The operation of the mind. 
 No one can be punished for his mere 
 thoughts, however wicked they may be. 
 Human laws cannot reach them, — first, be- 
 cause they are unknown; and secondly, un- 
 less made manifest by some action, they are 
 not injurious to any one; but when they 
 manifest themselves, then the act which is 
 the consequence may be punished. Dig. 50. 
 16. 225. 
 
 THRAVE, TH REAVE (Sax.) L. Lat. 
 trabes, trava. In old English law. A 
 measure of corn or grain, consisting of 
 twenty-four sheaves of four shocks, six 
 sheaves to every shock. Stat. 2 Hen. VI. 
 c. 2. Cowell. 
 
 THREAD. A figurative expression used to 
 signify the central line of a stream or 
 watercourse. Harg. Law Tr. 5; 4 Mason 
 (U. S.) 397; Holt, 490. See "Filum Aquie." 
 
 THREAT. A menace brought to the 
 knowledge of the one sought to be affected 
 thereby. 84 Iowa 473; 51 N. W. 25. It 
 may aflfect the life, character, or property 
 of the person against whom it is made. It 
 need not be in any particular form or 
 phrase, but must be directly made. Any 
 language which conveys with sufficient 
 clearness to be understood the proposition 
 that a charge will be made is enough. The 
 threat may be bluntly spoken, or it may 
 be thinly veiled in suggestive terms. 69 111. 
 App. 399. 
 
 Threats in themselves are not indictable 
 or actionable, but if a threat is accom- 
 panied by appearance of present ability 
 and intention to carry out the threat, it 
 is an assault (1 Ired. [N. C] 125) ; and, 
 if made with the purpose of extorting money 
 it is a misdemeanor at common law (1 
 Hawk. [P. C] c. 53, § 1). If business is 
 interrupted, or freedom of locomotion is re- 
 strained, it is actionable. 27 Mich. 267. 
 
 THRENGES. Vassals, but not of the low- 
 est degree; those who held lands of the chief 
 lord. 
 
 THRITHING. A division consisting of 
 three or four hundreds. 
 
 THUDE WEALD. A woodward, or person 
 that looks after a wood. 
 
 THURINGIAN CODE. One of the "bar- 
 barian codes," as they are termed; sup- 
 posed by Montesquieu to have been given 
 by Theodoric, king of Austrasia, to the 
 Thuringians, who were his subjects. Esprit 
 des Lois, lib. 28, c. 1. 
 
 THWERTNICK. The custom of giving en- 
 tertainments to a sheriff, etc., for three 
 nights. 
 
 TICKET. A mere receipt, token or 
 voucher adopted for convenience-/ to .show 
 that the passenger has paid his fare from 
 one place to another. It does not consti- 
 tute the contract of carriage. Parol evi- 
 dence of the contract is admissible. 161 111. 
 195; 149 111, 607; 162 111, 531, 
 
 TICKETS OF LEAVE. In English crimi- 
 nal law, licenses to be at large, which are 
 granted to convicts for good conduct, but 
 arfe recallable upon subsequent misconduct. 
 See 6 & 7 Vict. c. 7; 16 & 17 Vict. c. 99, 
 § 9; 20 & 21 Vict. c. 3, § 5; 27 & 28 Vict, 
 c. 47, §§ 4-10; 34 & 35 Vict. c. 112; 4 Steph. 
 Comm, (7th Ed.) 451, note. 
 
 TIDE. The ebb and fiow of the sea. 
 
 The law takes notice of three kinds of 
 tides, viz., the high spring tides, which are 
 the fluxes of the sea at those tides which 
 happen at the two equinoctials; the spring 
 tides, which happen twice every month, at 
 the full and change of the moon; the neap 
 or ordinary tides, which happen between the 
 full and change of the moon, twice in twen- 
 ty-four hours. Angell, Tide Waters, 68. 
 The changeable condition of the tides pro- 
 duces, of course, corresponding changes in 
 the line of high-water mark. Now, inas- 
 much as the soil of all tidal waters up to 
 the limit of high-water mark, at common 
 law, is in the crovro, or, in this country, in 
 the state, it is important to ascertain what 
 is high-water mark, in legal contemplation, ' 
 considered as the boundary of the royal or , 
 public ownership. In an English case 
 this ownership has been held to be limited 
 by the average of the medium high tides 
 between the spring and the neap in each 
 quarter of a lunar revolution during the 
 year, excluding only extraordinary catas- 
 trophes or overflows. 4 De Gex, M. & G. 
 206; 3 Barn. & Aid. 967; 5 Barn. & Aid. 
 268; 2 Doug. 629; 7 Pet. (U. S.) 324; 1 
 Pick. (Mass.) 180; 2 Johns. (N. Y.) 357. 
 See "River," 
 
 TIDE WATER. Water which flows and 
 reflows with the tide. All arms of the sea, 
 bays, creeks, coves, or rivers, in which the 
 tide ebbs and flows, are properly denom- 
 inated "tide waters." 
 
 The term "tide water" is not limited to 
 water which is salt, but embraces, also, 
 so much of the water of fresh rivers as is 
 propelled backwards by the ingress and 
 pressure of the tide. 5 Coke, 107; 2 Done. 
 441; 6 Clark & P. 628; 7 Pet. (U. S.) 324. 
 The supreme court of the United States 
 
TIDESMAN 
 
 1011 
 
 TIPPLING HOUSE 
 
 has decided that, although the current of 
 the river Mississippi at New Orleans may 
 be so strong as not to be turned backwards 
 by the tide, yet if the effect of the tide upon 
 the current is so great as to occasion a reg- 
 ular rise and fall of the water, it might 
 properly be said to be within the ebb and 
 flow of the tide. 7 Pet. (U. S.) 324. The 
 flowing, however, of the waters of a lake 
 into a river, and their reflowing, being 
 caused by the occasional swell and subsi- 
 dence of the lake, and not by the ebb and 
 flow of regular tides, do not constitute such 
 a river a tidal, or, technically, navigable, 
 river. 20 Johns. (N. Y.) 98. And see 17 
 Johns. (N. Y.) 195; 2 Conn. 481; Woolr. 
 Waters, c. ii.; Angell, Tide Waters, c. iii. 
 
 TIDESMAN. In English law, a tidewaiter 
 or custom-house officer, who watches on 
 board of merchant ships till the duty on 
 goods be paid, and the ships unladen. 
 
 TIEL. An old manner of spelling tel; 
 such as nul tiel record, no such record. 
 
 TIEMPO INHABIL (Spanish). In Louisi- 
 ana. A time when a man is not able to pay 
 his debts. 
 
 A man cannot dispose of his property, at 
 such a time, to the prejudice of his credi- 
 tors. 4 Mart. (La.; N. S.) ; 292; 3 Mart. 
 (La.) 270; 10 Mart. (La.) 70. 
 
 TIERCE (Law Fr.; from Lat. tertius). 
 Third. Tierce mien, third hand. Britt. c. 
 120. 
 
 TIGNl IMMITTENDI (Lat.) In civil law. 
 A servitude which confers the right of in- 
 serting a beam or timber from the wall of 
 one house into that of a neighboring house, 
 in order that it may rest on the latter, and 
 that the wall of the latter may bear this 
 weight. Dig. 8. 2. 36; Dig. 8. 5. 14. 
 
 TIGNUM. In the civil law, any material 
 for building. 
 
 TIHLER. In old Saxon law, an accusa- 
 tion. 
 
 TIMBER. As a generic term, it properly 
 signifies only such trees as are used in 
 building either ships or dwellings. 160 Mich. 
 186, 189. See "Timber Trees." 
 
 TIMBER TREES. Oak, ash, elm, and such 
 other trees as are commonly used for build- 
 ing. 2 Bl. Comm. 28. But it has been con- 
 tended, arguendo, that to make it timber, 
 the trees must be felled and severed from 
 the stock. 6 Mod. 23; Starkie, Slander, 79; 
 12 Johns. (N. Y.) 239. See "Waste." 
 
 TIMBERLODE. A service by which ten- 
 ants were bound to carry timber felled from 
 the woods to the lord's house. Cowell. 
 
 TIME DEPOSIT. A deposit for a fixed 
 time, which is not usually subject to check. 
 271 111. 348. 
 
 TIME IMMEMORIAL. Time out of mind. 
 
 In England this is said to be before the 
 beginning of the reign of Richard I. 2 Bl. 
 Comm. 31. 
 
 TIME OUT OF MEMORY. See "Time Im- 
 memorial." 
 
 TIMORES VANI SUNT AESTIMANDI 
 qui non cadunt in constantem virum. Fears 
 which do not affect a brave man are vain. 7 
 Coke, 17. 
 
 TINBOUNDING. A custom regulating the 
 manner in which tin is obtained from waste 
 land, or land which has formerly been waste 
 land, within certain districts in Cornwall 
 and Devon. Bain. M. & M. 146 et seq. 
 The custom is described in the leading case 
 on the subject as follows: "Any person 
 may enter on the waste land of another, and 
 may mark out by four corner boundaries a 
 certain area; a written description of the 
 plot of land so marked out with metes and 
 bounds, and the name of the person, is re- 
 corded in the local Stannaries court, and 
 is proclaimed on three successive court 
 days. If no objection is sustained by any 
 other person, the court awards a writ to 
 the bailiff to deliver possession of the said 
 'bounds of tinwork' to the 'bounder,' who 
 thereupon has the exclusive right to search 
 for, dig, and take for his own use all tin 
 and tin ore within the enclosed limits, pay- 
 ing as a royalty to the owner of the waste 
 a certain proportion of the produce under 
 the name of 'toll tin.'" 10 Q. B. 26, cited 
 in Elt. Comm. 113. The right of tinbound- 
 ing is not a right of common (see "Com- 
 mon"), but is an interest in land, and, in 
 Devonshire, a corporeal hereditament (Elt. 
 Comm. 114). In Cornwall, tin bounds are 
 personal estate. Bain. M. & M. 150. See 
 "Stannary Courts." 
 
 TINEL LE ROY. The king's hall, where- 
 in his servants used to dine and sup. 13 
 Rich. II. St. 1, c. 3. 
 
 TINEMAN, or TIENMAN. A petty officer 
 in the forest, who had the care of vert and 
 venison at night, and other servile duties. 
 Cowell. 
 
 TINEWALD. The ancient parliament or 
 annual convention of the people in the Isle 
 of Man. 
 
 TINKERMEN. Fishermen who destroyed 
 the young fry on the river Thames, by nets 
 and unlawful engines. Cowell. 
 
 TINSEL OF THE FEU. The loss of an 
 estate held in feu in Scotland, from allow- 
 ing two years' feu duty to remain unpaid. 
 Bell, Diet. 
 
 TIPPLING HOUSE. A place where spiri- 
 tuous liquors are sold and drunk in viola- 
 tion of law. Sometimes the mere selling is 
 considered as evidence of keeping a tip- 
 pling house. 
 
TIPSTAFF 
 
 1012 
 
 TITLE 
 
 TIPSTAFF. Aa ofSoBr appointed by the 
 marshal of the court of king's bench to at- 
 tend upon the judges with a kind of rod or 
 staff tipped with sUver. 
 
 In the United States, the courts some- 
 times appoint an officer who is Inriown by 
 this name, whose duty it is to wait on the 
 court and serve its process. 
 
 TITHES. In English law. A right to the 
 tenth part of the produce of lands, the 
 stocks upon lands, and the personal in- 
 dustry of the inhabitants. These tithes are 
 raised for the support of the clergy. 
 
 TITHING. In English law. Formerly, a 
 district containing ten men, with their fam- 
 ilies. In each tithing there was a tithing- 
 man, whose duty it was to keep the peace, 
 as a constable now is bound to do. St. Ar- 
 mand, in his Historical Essay on the Legis- 
 lative Power of England (page 70), ex- 
 presses an opinion that the tithing was 
 composed not of ten common families, but 
 of ten families of lords of a manor. 
 
 TITHINGMAN. In Saxon law. The head 
 or chief of a decennary of ten families. He 
 was to decide all lesser causes between 
 neighbors. Now tithingmen and constables 
 are the same thing. Jacob. 
 
 In New England, a parish officer to keep 
 good order in church. Webster. 
 
 TITIUS. A Roman name commonly used 
 in the civil law in illustrating rules of ex- 
 ample, or to designate a fictitious person, 
 like the John Doe of English law. 
 
 TITLE. The means whereby the owner of 
 lands hath the just possession of his prop- 
 erty. Co. Litt. 345; 2 Bl. Comm. 195. See 
 1 Ohio, 349. This is the definition of title 
 to lands only. 
 
 (1) A bad title is one which conveys no 
 property to the purchaser of an estate. 
 
 (2) A doubtful title is one which the 
 court does not consider to be so clear that 
 it will enforce its acceptance by a pur- 
 chaser, nor so defective as to declare it a 
 bad title, but only subject to so much doubt 
 that a purchaser ought not to be compelled 
 to accept it. 1 Jac. & W. 568; 9 Cow. (N. 
 Y.) 344. 
 
 (3) A good title is that which entitles a 
 man by right to a property or estate, and 
 to the lawful possession of the same. 
 
 (4) A marketable title is one which a 
 court of equity considers to be so clear that 
 it will enforce its acceptance by a pur- 
 chaser. 
 
 The doctrine of marketable titles is pure- 
 ly equitable and of modern origin. Atkins, 
 Titles, 26. At law every title not bad is 
 marketable. 5 Taunt. 625; 6 Taunt. 263; 1 
 Marsh. 258. See 2 Pa. Law J. 17. 
 
 There are several stages or degrees requi- 
 site to form a complete title to lands and 
 tenements. The lowest and most imperfect 
 degree of title is the mere possession, or ac- 
 tual occupation bf the estate, wi&otit any 
 apparent right to hold or continue such pos- 
 
 session. This happenB when one man dis- 
 seises another. The next step to a good and 
 perfect title is the right of posseBslon, which 
 may reside in one man while the actual 
 possession is not in himself, but in another. 
 This right of possession is of two sorts, — 
 an apparent right of possession, which may 
 be defeated by proving a better, and an 
 actual right of possession, which will stand 
 the test against all opponents. The mere 
 right of property, the jus proprietatis, with- 
 out either possession or the right of pos- 
 session. 2 Bl. Comm. 195. 
 
 Title to real estate is acquired by descent, 
 by purchase, and by adverse possession. 
 
 Title to personal property may accrue in 
 three different ways, — ^by original acquisi- 
 tion, by transfer by act of law, by transfer 
 by act of the parties. 
 
 Title by original acquisition is acquired 
 by occupancy (see "Occupancy") ; by acces- 
 sion (see "Accession") ; by intellectual la- 
 bor (see "Literary Property"). 
 
 The title to personal property is acquired 
 and lost by transfer by act of law, in va- 
 rious ways, — ^by forfeiture, succession, mar- 
 riage, judgment, insolvency, intestacy (q. 
 
 V.) 
 
 Title is acquired and lost by transfer by 
 the act of the party by gift, by contract, 
 or sale. 
 
 In Legislation. That part of an act of 
 
 the legislature by which it is known and 
 distinguished from other acts; the name of 
 the act. 
 
 In Literature. The particular division 
 
 of a subject, as a law, a book, and the like; 
 for example. Digest, book 1, title 2. The 
 name of a newspaper, book, etc. 
 
 Personal Relations. A distinctive ap- 
 pellation denoting the rank to which the in- 
 dividual belongs in society. 
 
 The constitution of the United States foi^ 
 bids the grant by the United States or any 
 state of any title of nobility. Titles are be- 
 stowed by courtesy on certain officers. The 
 president of the United States sometimes 
 receives the title of "Excellency;" judges 
 and members of congress, that of "Hon- 
 orable;" and members of the bar and jus- 
 tices of the peace are called "Esquires." 
 Coeper, Just. Inst. 416; Brackenridge, Law 
 Misc. 
 
 Titles are assumed by foreign princes, 
 and among their subjects they may exact 
 these marks of honor; but in their inter- 
 course with foreign nations they are not 
 entitled to them as a matter of right. 
 Wheaton, Int. Law, pt. 2, c. 3, I 6. 
 
 In Pleading^ The right of action 
 
 which the plaintifiP has. The declaration 
 must show the plaintiff's title, and if such 
 title be not shown in that instrument, the 
 defect cannot be cured by any of the fu- • 
 ture pleadings. Bac Ahr. "Pleas, etc." (B 
 1). 
 
 In Praotioe.. That part of a pleading 
 
 or other papw in a cause that states the 
 names of the partteis plaintlflP and deffend- 
 ant thereto. 
 
TITLE, COVENANTS FOR 
 
 1013 
 
 TOLERATION ACT 
 
 TITLE, COVENANTS FOR. They com- 
 prise "covenants for seisin, for right to 
 convey, against incumbrances, for quiet en- 
 joyment, sometimes for further assurance, 
 and almost always of warranty." Rawle, 
 Gov. § 21. 
 
 TITLE DEEDS. Those deeds which are 
 evidences of the title of the owner of an es- 
 tate. 
 
 The person who is entitled to the inher- 
 itance has a right to the possession of the 
 title deeds. 1 Car. & M. 653. 
 
 TITULADA. In Spanish law. Title. White 
 New Recop. bk. 1, tit. 5, c. 3, § 2. 
 
 TITULARS OF ERECTION. See "Lords 
 of Erection." 
 
 TITULUS (Lat.) 
 
 IN the Civil Law. Title; the source or 
 
 ground of possession; the means whereby 
 possession of a thing is acquired, whether 
 such possession be lawful or not. 
 
 In Old Ecclesiastical Law. A temple 
 
 or church; the material edifice. So called 
 because the priest in charge of it derived 
 therefrom his name and title. Spelman. 
 
 TITULUS EST JUSTA CAUSA POSSI- 
 dendl Id quod nostrum est. Title is a just 
 cause of possessing that which is ours. 8 
 Coke, 153 (805); Co. Litt. 345b. 
 
 TITULUS EST JUSTA CAUSA POSSI- 
 dendi Id quod nostrum est; dicitur a tuendo. 
 A title is the just right of possessing that 
 which is our own; it is so called from 
 "tiMndo," defending. 8 Coke, 163, 
 
 TO, "To" often has a meaning nearly 
 synonymous vrith "towards," although its 
 ordinary meaning is not satisfied unless the 
 point or object is actually attained. 54 
 Mich. 87; 6 Ex. 205; 20 L. J. Ex. 146. 
 
 In expressing a boundary, is a term of ex- 
 clusion, unless, by necessary implication, 
 manifestly used in a different sense. Sum- 
 ner's R, 178. 
 
 TO HAVE AND TO HOLD. The words in 
 a conveyance which show the estate in- 
 tended to be conveyed. 132 111. 605. Thus, 
 in a conveyance of land in fee simple, the 
 grant is to "A. and his heirs, to have and 
 to hold the said (land) unto and to the 
 use of the said A., his heirs and assigns, 
 forever." See Williams, Real Prop. 198. 
 
 Strictly speaking, however, the words 
 "to have" denote the estate to be taken, 
 while the words "to hold" signify that it 
 is to be held of some superior lord, *. e., 
 by way of tenure (?. v.) The former 
 clause is called the "hahwdum, the lat- 
 ter, the "tenendum." Co. Litt. 6a. 
 
 99 111. 560; 
 
 TO WIT. That is to say, 
 namely; scilicet; videlicet. 
 
 In Pleading. In describing various 
 
 articles in general terms, "to wit" is used 
 to avoid a variance and a positive aver- 
 
 ment which must be strictly proved. 47 
 111. 177. 
 
 TOALIA. A towel. There is a tenure of 
 lands by the service of waiting with a 
 towel at the king's coronation, Cowell, 
 
 TOFT. A place or piece of ground on 
 which a house formerly stood, which has 
 been destroyed by accident or decay. It 
 also signifies a messuage. 
 
 TOG AT I (Lat.) In Roman law. Under the 
 empire, when the toga had ceased to be 
 the usual costume of the Romans, advo- 
 cates were nevertheless obliged to wear it 
 whenever they pleaded a cause. Hence they 
 were called togati. This denomination re- 
 ceived an oflicial or legal sense in the im- 
 perial constitutions of the fifth and sixth 
 centuries; and the words tog(iti, consortium 
 (corpus, ordo, collegium) togatorum, fre- 
 quently occur in those acts, 
 
 TOKEN. A document or sign of the exist- 
 ence of a fact. 
 
 Tokens are either public or general, or 
 privy tokens. They are either true or 
 false. When a token is false, and indicates 
 a general intent to defraud, and is used 
 for that purpose, it will render the offender 
 guilty of the crime of cheating (12 Johns. 
 [N. Y.] 292) ; but if it is mere privy token, 
 as, counterfeiting a letter in another man's 
 name, in order to cheat but one individual, 
 it would not be indictable (9 Wend. [N. Y.] 
 182; 1 Dall. [Pa.] 47; 2 Const. [S. C] 139; 
 2 Va. Cas. 65; 4 Hawks [N. C] 348; 6 Mass. 
 72; 12 Johns. [N. Y.] 293; 2 Dev. [N. C] 
 199; 1 Rich. [S. C] 244). 
 
 , In Common Law. In England, this 
 
 name is given to pieces of metal, made in 
 the shape of money, passing among private 
 persons by consent at a certain value. 2 
 Chit Com. Law, 182. 
 
 TOLERATION (Lat.) In some countries, 
 where religion is established by law, cer- 
 tain sects who do not agree with the estab- 
 lished religion are nevertheless permitted 
 to exist; and this permission is called "tol- 
 eration." They are permitted and allowed 
 to remain rather as a matter of favor than 
 a matter of right. 
 
 In the United States there is no such 
 thing as toleration; all men have an equal 
 right to worship God according to the dic- 
 tates of their consciences. 
 
 "We sometimes hear it said that all re- 
 ligions are tolerated in Ohio, but the ex- 
 pression is not strictly accurate. It is not 
 by mere toleration that every individual 
 here is protected in his belief or disbelief. 
 He reposes not on the leniency of govern- 
 ment, or the liberality of any class or sect 
 of men, but upon his natural indefeasible 
 rights of conscience, which are beyond the 
 the control or interference of any human 
 authority." 2 Ohio St. 392. 
 
 TOLERATION ACT. SL 1 Wm. & Mary, 
 t. 1, c; 18, confirmed by 10 Anne, c. 2, by 
 
TOLL 
 
 1014 
 
 TONNAGE 
 
 which all persons dissenting from the 
 Church of England (except Roman Catho- 
 lics and persons denying the Trinity) were 
 relieved from such of the acts against Non- 
 conformists as prevented their assembling 
 for religious worship according to their 
 own forms, or otherwise restrained their 
 religious liberty, on condition of, their tak- 
 ing the oaths of allegiance and supremacy, 
 and subscribing a declaration against tran- 
 substantiation; and in case of dissenting 
 ministers, subscribing also to certain of 
 the Thirty-nine Articles. The clause _ of 
 this act which excepted persons_ denying 
 the Trinity from the benefits of its enact- 
 ments was repealed by 53 Geo. III. c. 160. 
 4 Broom & H. Comm. 67. The disqualifica- 
 tions of Roman Catholics have been since, 
 for the most part, removed. 
 
 TOLL. Toll at common law includes a 
 large class of dues and exactions that are 
 in the nature of fixed rights, and cannot 
 be lawfully exceeded, and are generally, 
 if not universally, connected with some 
 franchise which involves duties as well as 
 privileges of a general or public nature, 
 such as those which belong to fairs, mar- 
 kets, mills, turnpikes, ferries and bridges. 
 41 Mich. 279. 
 
 A sum of money for the use of something 
 generally applied to the consideration 
 which is paid for the use of a road, bridge, 
 or the like, of a public nature. 
 
 The compensation paid to a miller for 
 grinding another person's grain. 
 
 The rate of taking toll for grinding is 
 regulated by statute in most of the states. 
 See 2 Washb. Real Prop.; 6 Q. B. 31. 
 
 A Saxon word originally signifying a 
 payment in towns, markets, or fairs for 
 goods and cattle bought and sold there. It 
 is now also popularly applied to the charges 
 which canal and railroad companies re- 
 quire for the transportation of goods; but 
 it does not necessarily import an immedi- 
 ate payment. The word means nothing 
 more than a compensation for the privi- 
 lege or service granted; and the period of 
 payment depends, as in other cases, on the 
 understanding of the parties. 
 
 Various definitions of the term collected, 
 and the nature of tolls, considered. 29 Barb. 
 (N. Y.) 589; 3 Abb. Ct. App. Dec. (N. Y.) 
 1 Keys (N. Y.) 72. 
 
 To bar, defeat, or take away; as, to toll 
 an entry into lands is to deny or take 
 away the right of entry. To toll the statute 
 of limitations is to interrupt its running. 
 See "Tolls." 
 
 TOLL BOOTH. A prison; a custom house; 
 an exchange; also the place where goods 
 are weighed. 
 
 TOLL DISH. A vessel by which the toll 
 of corn for grinding is measure. 
 
 TOLL THOROUGH. In English law. A 
 toll for passing through a public highway, 
 or over a ferry or bridge. Cowell. 
 
 TOLL TRAVERSE. In English law. A 
 toll for passing over private grounds. Cow- 
 ell. 
 
 TOLL TURN. In English law. A toll on 
 beasts returning from a market. 1 Crabb, 
 Real Prop. p. 101, § 102. A toll paid at the 
 return of beasts from fair or market, 
 though they were not sold. Cowell. 
 
 TOLLS. In a general sense, tolls signify 
 any manner of customs, subsidy, prestation, 
 imposition, or sum of money demanded for 
 exporting or importing of any wares or 
 merchandise, to be taken of the buyer. 2 
 Inst. 58. 
 
 TOLLAGE. Payment of toll; money 
 charged or paid as toll; the liberty or fran- 
 chise of charging toll. 
 
 TOLLE VOLUNTATEIM ET ERIT OMNIS 
 actus indifferens. Take away the will, and 
 every action will be indifferent. Bracton, 
 fol. 2. 
 
 TOLLER, or TOLER (Law Fr. from Lat. 
 f oiler e, q. v.) To take away; to bar or de- 
 feat. Discents que tollent entries, descents 
 which toll or bar entries. Litt. § 385. 
 
 TOLLERE (Lat.) In the civil law. To 
 lift up or raise; to elevate; to build up. 
 See "Servitus Altius non Tollendi." 
 
 To take away; to dissolve or destroy. 
 Tollitur omnis obligatio solutione ejus quod 
 debetur, every obligation is dissolved by 
 the payment of that which is due. Inst. 3. 
 30, pr. See Pleta, lib. 2, c. 60, § 5. 
 
 To put an end to an action. Calv. Lex. 
 To quash, or annul a judgment. Id.; Spie- 
 gelius. 
 
 To bring up, or educate. Calv. Lex.; Ad- 
 ams, Rom. Ant. 61. 
 
 TOLNBTUM, Theolnetum. Law Lat. In 
 old English law. Toll. 
 A tax, charge or imposition. 
 
 TO LS ESTER. An old excise; a duty paid 
 by tenants of some manors to the lord for 
 liberty to brew and sell ale. Cowell. 
 
 TOLSEY. The same as toll booth (q. v.) 
 Also, a place where merchants meet; a lo- 
 cal tribunal for small civil causes held at 
 the Guildhall, Bristol. 
 
 TOLT. A writ whereby a cause depending 
 in a court baron was taken and removed in- 
 to a county court. Old Nat. Brev. 4. 
 
 TOLTA. Wrong; rapine; extortion. Cowell. 
 
 TONNAGE. The capacity of a ship or 
 vessel; the duties paid on the tonnage of a 
 ship. 
 
 This term is most usually applied to the 
 capacity of a vessel in tons, as determined 
 by the legal mode of measurement; and, as 
 a general rule, in the United States, the of- 
 ficial tonnage of a vessel is considerably 
 below the actual capacity of the vessel to 
 carry freight. 
 
TONNAGE RENT 
 
 1015 
 
 TORT 
 
 For the rule for determining the tonnage 
 of British vessels under the law of Eng- 
 land, see McCulloch, "Tonnage;" Eng. 
 Merch, Shipp. Act 1854, §§ 20-29. 
 
 In the United States it is provided that 
 the tonnage of a vessel shall be her entire 
 internal cubic capacity in tons of one hun- 
 dred cubic feet each, to be ascertained in 
 the manner prescribed by the statute. Rev. 
 St. U. S. § 4153. 
 
 TONNAGE RENT. When the rent re- 
 served by a mining lease or the like consists 
 of a royalty on every ton of minerals gotten 
 in the mine, it is often called a "tonnage 
 rent." There is generally a dead rent in 
 addition. See "Rent." 
 
 TONNAGIUM (Law Lat.) In old English 
 law. A custom or impost upon wines and 
 other merchandise exported or imported, 
 according to a certain rate per ton. Spel- 
 man; Cowell. 
 
 TONNETIGHT. In old English law. The 
 quantity of a ton or tun, in a ship's freight 
 or bulk, for which tonnage or tunnage was 
 paid to the king. Pat. 2 Rich. II; Cowell. 
 
 TONODERACH. In old Scotch law. A 
 thief taker (qui fures exquirit). LL. Ken. 
 Reg. § 5; Spelman. 
 
 TONSURA (Lat. from tondere, to shavei 
 or clip). In old English law. A shaving 
 or polling; the having the crown of the head, 
 shaven; tonsure. One of the peculiar 
 badges of a clerk or clergyman. Habitus et 
 tonsura clericalis, the clerical habit and 
 tonsure without which no man originally 
 could be admitted to the privilege of clergy. 
 2 Hale, P. C. 372; 4 Bl. Comm. 366; Nov. 5, 
 c. 2. 
 
 TONTINE. In French law. The name of 
 a partnership composed of creditors or re- 
 cipients of perpetual or life rents or an- 
 nuities, formed on the condition that the 
 rents of those who may die shall accrue to 
 the survivors, either in whole or in part. 
 
 This kind of partnership took its name 
 from Tonti, an Italian, who first conceived 
 the idea and put it in practice. Merlin, Re- 
 pert.; Dalloz; 5 Watts (Pa.) 351. 
 
 TONTINE INSURANCE. A system of life 
 insurance whereby the surplus funds of the 
 insurer are accumulated during a period 
 called the "tontine period," and then distrib- 
 uted to such of the policy holders as then 
 survive. See 88 Hun (N. Y.) 309. 
 
 TOOK AND CARRIED AWAY. In crim- 
 inal pleading. Technical words necessary in 
 an indictment for simple larceny. Bac. 
 Abr. "Indictment" (Gl); Comyn, Dig. "In- 
 dictment" (G 6); Cro. Car. 37; 1 Chit. 
 Grim. Law, 244. See "Asportation." 
 
 TOOLS. Those implements which are 
 commonly used by the hand of one man in 
 some physical operation when applied or 
 directed by hand, and are movable to ac- 
 
 complish such operation as distinguished 
 from a machine operated by some motive 
 power other than that of the hand. 156 Wis. 
 78. It has been held to include also the im- 
 plements of a professional man. 17 Mich. 
 342. 
 
 The apparatus of a printing office, such 
 as types, presses, etc., are not, therefore, 
 included under the term "tools." 13 Mass. 
 82; 10 Pick. (Mass.) 423; 3 Vt. 133. And 
 see 2 Pick. (Mass.) 80; 5 Mass. 313. 
 
 TORNADO. Tornado is synonymous with 
 "hurricane" and means a violent storm. 
 
 A violent gust of wind or a tempest dis- 
 tinguished by the vehemence of the wind 
 and by a whirling, progressive _ motion, 
 usually accompanied by thunder, lightning, 
 and torrents of rain, and commonly of short 
 duration and small breadth. 151 la. 73, 77, 
 Ann. Cas. 1913A, 266n. 
 
 TORT. (Fr. tort; from Lat. torquere, to 
 twist, tortus, twisted, wrested aside). A 
 private or civil wrong or injury; a wrong 
 independent of contract. 1 Hilliard, Torts, 1. 
 
 The commission or omission of an act by 
 one without right, whereby another receives 
 some injury, directly or indirectly, in per- 
 son, property, or reputation. 
 
 "The word 'tort' means nearly the same 
 thing as the expression 'civil wrong.' It de- 
 notes an injury inflicted otherwise than by 
 mere breach of contract; or, to be more 
 nicely accurate, a tort is a disturbance of 
 another in rights which the law has cre- 
 ated, either in the absence of contract, or 
 in consequence of a relation which a con- 
 tract had established between the parties." 
 Bish. Non-Cont. Law, § 4. 
 
 (1) Distinguished from breach of con- 
 tract. As recognized by the law for 
 the enforcement of rights and redress of 
 injuries, torts may be distinguished from 
 breach of contracts by these quali- 
 ties: That parties jointly committing torts 
 are severally liable without right to con- 
 tribution from each other; that the death 
 of either party destroys the right of ac- 
 tion; that persons under personal disabili- 
 ties to contract are liable for their torts; 
 that attachment, arrest, and imprisonment 
 are allowed on claims arising under con- 
 tracts. 1 Hilliard, Torts, 3. A tort, how- 
 ever, may grow out of, or make part of, or 
 be coincident with, a contract; as in the 
 familiar case of a fraudulent sale or fraud- 
 ulent recommendation of a third person. 
 Indeed, the wrong of fraud almost necessar- 
 ily implies an accompanying contract. In 
 these cases, the law often allows the party 
 injured an election of remedies; that is, he 
 may proceed against the other party either 
 as a debtor or contractor, or as a wrong- 
 doer. 10 Hilliard, Torts, 28; 10 C. B. 83; 
 24 Conn. 392. 
 
 (2) Distinguished from crime. The dis- 
 tinction of public wrongs from private 
 crimes, and misdemeanors from civil in- 
 juries, seems principally to consist in this, 
 that private wrongs or civil injuries are 
 
TORTFEASOR 
 
 1016 TOUJOURS ET UNCORE PRIST 
 
 an infringement or privation of the civil 
 rights which belong to individuals merely 
 as individuals. "Publi* wrongs or crimes 
 and misdemeanors are a breach and viola- 
 tion of the public rights and duties due to 
 the whole community in its social aggre- 
 gate capacity." 4 Bl. Comm. 5. 
 
 TORTFEASOR. A wrongdoer; one who 
 commits or is guilty of a tort. 
 
 TORTURA LEGUM PESSIMA. The tor- 
 ture or wresting of laws is the worst kind 
 of torture. 4 Bac. Works, 434. 
 
 TORTURE. Bodily pain or hurt inflicted 
 with the object of compelling a disclosure 
 of guilt or of knowledge in respect of a 
 crime or its perpetrator. It was imposed 
 by various means, and under sanction of 
 law. 
 
 TOT. In old EJngUsh practice. A word 
 written by the foreign opposer or other of- 
 ficer opposite to a debt due the king, to 
 denote that it was a good debt, which was 
 hence said to be "totted." St. 42 Edw. III. 
 c. 9. 
 
 TOTA CURIA (Law Lat.) In the old re- 
 ports. The whole court. 
 
 TOTAL LOSS. In insurance. A total loss 
 in marine insurance is either the absolute 
 destruction of the insured subject by the 
 direct action of the perils insured against, 
 or a constructive — sometimes called "tech- 
 nical" — total loss, in which the assured is 
 deprived of the possession of the subject, 
 still subsisting in specie, or where there 
 may be remnants of it or claims subsisting 
 on account of it, and the assured, by the 
 express terms or legal construction of the 
 policy, has the right to recover its value 
 from the underwriters, so far as, and at 
 the rate at which, it is insured, on aban- 
 donment and assignment of the still sub- 
 sisting subject or remnants or claims aris- 
 ing out of it. 2 Phil. Ins. c. xvii.; 2 Johns. 
 (N. Y.) 286. 
 
 A constructive total loss may be by cap- 
 ture; seizure by unlawful violence; as, pi- 
 racy (1 Phil. Ins. § 1106; 2 Eng. Law & Eq. 
 85) ; or damage to ship or goods over half 
 of the value at the time and place of loss 
 (2 Phil. Ins. § 1608; 1 Curt. [U. S.] 148; 9 
 Gush. [Mass.] 415; 5 Denio [N. Y.] 342; 6 
 Denio [N. Y.] 282; 19 Ala. [N. S.] 108; 1 
 Johns. Gas. [N. Y.] 141; 6 Johns. [N. Y.] 
 219) ; or loss of the voyage (2 Phil. Ins. 
 51 1601, 1606, 1619; 4 Me. 481; 24 Miss. 
 461; 19 N. Y. 272; 1 Mart. [La.] 221); 
 though the ship or goods may survive in 
 specie, but so as not to be fit for use in the 
 same character for the same service or pur- 
 pose (2 Phil. Ins. § 1605; 2 Gaines, Gas. 
 [N. Y.] 324; Valin, torn. 2 tit. Ass. a. 46) ; 
 or by jettison (2 Phil. Ins. §§ 1616, 1617; 
 1 Gaines [N. Y.] 196) ; or by necessity to 
 sell on account of the action and effect of 
 the peril insured against (2 Phil. Ins. 
 8 1628; 5 Gray [Mass.] 154; 1 Cranch [U. 
 
 S.] 202) : or by loss of insured freight con- 
 sequent on the loss of cargo or ship (2 
 Phil. Ins. §§ 1642, 1645; 18 Johns. [N. Y,] 
 208) . 
 
 There may be a claim for a total loss in 
 addition to a partial loss. 2 PhiL Ins. 
 § 1748; 17 How. (U. S.) B9B. A total loss 
 of the ship is not necessarily such of cai^ 
 (2 Phil. Ins. §§ 1601 et seq., 1622; 3 Bin. 
 [Pa.] 287) ; nor is submersion necessarily 
 a total loss (2 Phil. Ins. § 1607; 7 East, 
 38) ; nor is temporary delay of the voyage 
 (2 Phil. Ins. §§ 1618, 1619; 5 Barn. & Aid. 
 597). 
 
 A constructive total loss, and an aban- 
 donment thereupon of the ship, is a con- 
 structive total loss of freight; and a con- 
 structive total loss and abandonment of 
 cargo has a like effect as to commissions or 
 profits thereon; and the validity of the 
 abandonment will depend upon the actual 
 facts at the time of the abandonment, as 
 the same may subsequently prove to have 
 been. 2 Phil. Ins. % 1630 et seq.; 3 Johns. 
 Gas. (N. Y.) 93. 
 
 TOTIDEM VERBIS (Lat.) In so many 
 words. 
 
 TOTIES QU0TIE8 (Lat.) As often as 
 the thing shall happen. 
 
 TOTIS VIRIBUS (Lat.) With all one's 
 might or power; with all his might; very 
 strenuously. 
 
 TOTUM PRAEFERTUR UNICUIQUE 
 parte. The whole is preferable to any single 
 part. 3 Coke, 41a. 
 
 TOUCH AND STAY. Words frequently in- 
 troduced in policies of insurance, giving the 
 party insured the right to stop and stay at 
 certain designated points in the course of 
 the voyage. A vessel which has the power 
 to touch and stay at a place in the course 
 of the voyage must confine herself strictly 
 to the terms of the liberty so given; for 
 any attempt to trade at such a port during 
 such a stay, as, by shipping or landing 
 goods, will amount to a species of deviation 
 which will discharge the underwriters, un- 
 less the ship have also liberty to trade as 
 well as to touch and stay at such a place. 
 1 Marsh. Ins. 275; 1 Esp. 610; 5 Esp. 96. 
 
 TOUJOURS ET UNCORE PRIST (Law 
 Fr. always and still ready). This is the 
 name of a plea of tender; as, where a man 
 is indebted to another, and he tenders the 
 amount due, and afterwards the creditor 
 brings a suit, the defendant may plead the 
 tender, and add that he has always been 
 and is still ready to pay what he owes, 
 which may be done by tne formula toujowrs 
 et uncore prist. He must then pay the 
 money into court; and if the issue be found 
 for him, the defendant will be exonerated 
 from costs, and the plaintiff made Justly 
 liable for them. 3 Bouv. Inst, note 292S. 
 See "Tout Temps Prist." 
 
TOUR D'ECHELLE 
 
 1017 
 
 TOWNSHIP 
 
 TOUR D'ECHELLE. In Frenoli law. A 
 right which the owner of an estate has of 
 placing ladders on his neighbor's property 
 to facilitate the reparation of a party wall, 
 or of buildings which are supported by that 
 wall. It is a species of servitude. Lois des 
 Bat. pt 1, c. 3, sec. 2, art. 9, § 1. 
 
 The space of ground left unoccupied 
 around a building for the purpose of en- 
 abling the owner to repair it with conven- 
 ience. This is not a servitude, but an actual 
 corporeal property. 
 
 TOURN. In old English law. A court of 
 record, having criminal jurisdiction, in each 
 county, held before the sheriff twice a year, 
 in one place after another, following a cer- 
 tain circuit or rotation. 
 
 TOUT (Ft.) All. 
 
 TOUT CE QUE LA LOI NE DEFEND 
 pas est permis. Everything Is permitted 
 which is not forbidden by law. 
 
 TOUT TEMPS PRIST (Law Fr. always 
 ready). In pleading. A plea by which the 
 defendant signiiies that he has always been 
 ready to perform what is required of him. 
 The object of the plea is to save costs; as, 
 for example, where there has been a tender 
 and refusal. 8 Bl. Comm. 303; Comyn, Dig. 
 "Pleader" (2 Y 6). So, in a writ of dower, 
 where the plea is detinue of charters, the 
 demandant might reply, "Always ready." 
 Rast. Entr. 229b; Stearns, Real Actions, 
 310. See "Uncore Prist." 
 
 TOUT UN SOUND (Law Fr.) AU one 
 sound; idem sonans. 
 
 TOUTE EXCEPTION NON SURVEILLEE 
 tend a prendre la place du principe. Every 
 exception not watched tends to assume the 
 place of the principle. 
 
 TOWARDS. In a course of line leading 
 to or in the direction of. 180 Mich. 654. 
 
 TOWN. 
 
 In General. The word "town" some- 
 times indicates a division of the county 
 next smaller in extent than the county 
 itself. It is also often used to denote a 
 small city or village. 125 Ga. 559 ; 54 S. E. 
 539. The word may be and frequently is 
 used as meaning "township" and vice 
 versa. 244 111. 554; 82 111. 121. See "Town- 
 ship." 
 
 Organization, Purpose and Govern- 
 ment. In the New England states, the town 
 is for many purposes the unit of civil gov- 
 ernment. In other states, the county is the 
 .unit, and the town has local government 
 in only a few matters. Generally they are 
 mere political organizations created wholly 
 by statute for certain purposes of local 
 government. They are vested with no fran- 
 ohises or special privileges for their own 
 benefit, have only such powers as the stat- 
 ute confers, and are subject to no obliga- 
 tions, except such as are derived from stat- 
 utory provieions. 161 Mich, 571, 576. 
 
 ^— In English Law. The term "towii" or 
 "yill" comprehends under it the several spe- 
 cies of cities, boroughs, and common towns. 
 1 Bl. Comm. 114. 
 
 TOWN CLERK. An officer who manages 
 the public business of a town. 
 
 TOWN COLLECTOR. An officer of a town 
 charged with collecting the township taxes. 
 
 TOWN COMMISSIONER. One of the 
 board of officers in whom, under the laws 
 of some of the states, the management of 
 the busmess of a town is vested. Abbott. 
 
 TOWN CRIER. An officer in a town whose 
 business it is to make proclamations. 
 
 TOWN MEETING. An assemblage of th^ 
 voters of a town to select town officers and 
 discuss other business of the town. 
 
 TOWN PLAT. The acknowledgment and 
 recording of a town plat vests the legal 
 title to the ground embraced in the streets 
 and alleys in the corporation of the town 
 Therefore it is held that the proprietor 
 who has thus dedicated the streets and 
 alleys to the public cannot maintain tres- 
 pass for an injury to the soil or freehold. 
 The corporation alone can seek redress for 
 such injury. 11 111. 654; 13 111. 54, 808. 
 This is not so, however, with a highway. 
 The original owner of the fee must bring 
 his action for an injury to the soil. 13 
 111. 54. See "Highway." If the streets 
 or alleys of a town are dedicated by a dif- 
 ferent mode from that pointed out by the 
 statute, the fee remains in the proprietor, 
 burdened with the public easement. 13 111. 
 312. 
 
 TOWN REEVE. The reeve or chief offi- 
 cer of a town. 
 
 TOWN TAX. One levied to meet the sep- 
 arate expenses of a town. Opposed to "state 
 tax," "county tax." 
 
 TOWNS IMPROVEMENT. The English 
 Towns Improvement Clauses Act of 1847 
 was passed to consolidate in one act certain 
 provisions usually contained in acts for pav- 
 ing, draining, cleansing, lighting, and im- 
 proving towns. Local acts appointing com- 
 missioners for the improvement of towns 
 generally incorporate the provisions of this 
 act, but such acts are now rarely passed 
 as the provisions of the general health acts', 
 the local government acts, the sanitary acts, 
 and the public health acts have practical- 
 ly superseded them. 
 
 TOWNSHIP. The public lands of the 
 
 ^M^*f «.®***®?.*'^®..^™^^y®<l first into tracts 
 called "townships,'; being in extent six miles 
 ^^^,^1% ^^? subdivisions of a township are 
 called "sections," each a mile square, and 
 containing six hundred and forty acres 
 These are subdivided into quarter sections, 
 and from that intolots of forty acres each. 
 This plan of subdividing the public lands 
 
TRA 
 
 1018 
 
 TRADE UNION 
 
 ■was adopted by Act Cong. May 18, 1796. 
 See Brightly, Dig. U. S. Laws, 493. 
 
 In some states the largest subdivision of 
 a county. See "Town." 
 
 TRA. In old practice. The caret mark 
 made to show where a clause or word left 
 out, and interlined in writing, should come 
 in. 1 Instr. Cler. 20. 
 
 TRABES (Lat.) In the civil law. A beam 
 or rafter of a house. Calv. Lex. 
 
 In old English law. A measure of grain, 
 containing twenty-four sheaves, a thrave. 
 Spelman. 
 
 TRACEA. IH old English law. The track 
 or trace of a felon, by whidh he was pur- 
 sued with the hue and cry; a footstep, hoof 
 print, or wheel track. Bracton, fols. 116, 
 121b. 
 
 TRACT. An area, or a region of land or 
 water of indefinite -extent. 70 111. App. 44. 
 
 TRACTENT FABRILIA FABRI. Let 
 
 smiths perform the work of smiths. 3 Coke, 
 Epist. 
 
 TRADAS IN BALLIUM. You deliver to 
 bail. In old English practice. The name of 
 a writ which might be issued in behalf of 
 a party who, upon the writ de odio et atia, 
 had been found to have been maliciously ac- 
 cused of a crime, commanding the sheriff 
 that, if the prisoner found twelve good and 
 lawful men of the county who would be 
 mainpernors for him, he should deliver him 
 in bail to those twelve, until the next as- 
 size. Bracton, fol. 123; 1 Reeve, Hist. Eng. 
 Law, 252. 
 
 TRADE. The original meaning of the 
 word "trade" was "track" or "course," 
 hence "trade-wind." In modern use it is 
 employed in three different senses: (1) 
 An occupation; a handicraft by which one 
 earns a livelihood; mechanical employment 
 in contradistinction to agriculture and the 
 liberal arts. Ann. Cas. 1916A 1197; 86 
 Tex. 250; 22 L. B. A. 490; (2) Sale or ex- 
 change of merchandise or other property; 
 a mercantile business, as opposed to the 
 liberal arts or professions, 230 111. 236; and 
 (3) a broader and more extended meaning 
 synonymous with "commerce." 142 Ga. 
 267; Ann. Cas. 1916A 1197. 
 
 TRADE-MARK. A symbol, emblem, or 
 mark used by a person to indicate that the 
 article to which it is aflBxed is manufac- 
 tured or sold by him, or that he carries 
 on business at a particular place. 35 L. 
 J. Ch. 61. 
 
 Its original use was by manufacturers, 
 but its use has been extended to other 
 than tradesmen, to indicate the nature of 
 their business, their identity, or the place 
 where their business is carried on. Slater, 
 Trade-Marks, 232; 55 Barb. (N. Y.) 151; 
 7 Cush. (Mass.) 322; 2 Barb. Ch. (N. Y.) 
 101. 
 
 The office of a trade-mark is to indicate 
 the origin, ownership, nature, etc., of goods 
 manufactured or sold, or the person by 
 whom, or the place where, they are so man- 
 ufactured or sold. The essentials, there- 
 fore, of a good trade-mark, are that it be 
 truthful in its express or implied state- 
 ments, and that it be incapable of truthful 
 application to other goods. 57 How. Pr. 
 (N. Y.) 1; 39 Conn. 450. 
 
 Descriptive words, or words indicating 
 quality or attributes, which may be truth- 
 fully applied by others to the same class 
 of goods, cannot constitute a valid trade- 
 mark. 136 111. 215; 67 Ga. 562. 
 
 Arbitrary or fanciful names, constituting 
 the majority of trade-marks, derive their 
 value from the fact that they have come 
 to identify the goods of the user, and can- 
 not, therefore, be truthfully used by others. 
 51 Fed. 829; 63 Hun (N. Y.) 330. 
 
 TRADE-MARKS REGISTRATION ACT 
 
 1875. St. 38 & 39 Vict. c. 91, amended by 
 the acts of 1876 and 1877. It provides for 
 the establishment of a register of trade- 
 marks under the superintendence of the 
 commissioners of patents, and for the reg- 
 istration of trade-marks as belonging to 
 particular classes of goods, and for their 
 assignment in connection with the good- 
 will of the business in which they are used. 
 Registration is substituted for public use 
 as the mode of acquiring the right to a 
 trade-mark, so that now no one can enforce 
 his right to a trade-mark until it is reg- 
 istered. For the purposes of the act, a 
 trade-mark consists (1) of a name of an in- 
 dividual or firm printed, impressed, or 
 woven in some particular and distinctive 
 manner; (2) of a written signature or copy 
 of a written signature of an individual or 
 firm; or (3) of a distinctive device, mark, 
 heading, label or ticket. See 3 Ch. Div. 
 659. There may be added to any one or 
 more of these essential particulars any let- 
 ters, words, or figures. Certain kinds of 
 marks used as trade-marks before the pass- 
 ing of the act may be registered under the 
 act, although not coming within the statu- 
 tory definition. See generally, as to the 
 act, Sebastian, Trade-Marks; 4 App. Cas. 
 479-; 15 Ch. Div. 181. 
 
 TRADE-NAME. A trade-name is a name 
 which by user and reputation has acquired 
 the property of indicating that a certain 
 trade or occupation is carried on by a par- 
 ticular person. The name may be that of 
 a person, place, or thing, or it may be 
 what is called a "fancy name" (i. e., a name 
 having no sense, as applied to the partic- 
 ular trade), or word invented for the occa- 
 sion, and having no sense at all. Seb. 
 Trade-Marks, 37. 
 
 TRADE UNION. An association of work- 
 men, usually, but not necessarily, employed 
 in the same trade, for the purpose of com- 
 bined action in securing the most favorable 
 
TRADE USAGE 
 
 1019 
 
 TRADITION 
 
 ■wages and conditions of labor. Popularly 
 abbreviated to "union." 
 
 TRADE USAGE. A usage connected with 
 the practice of a particular trade. ' 
 
 TRADER. One who makes It his business 
 to buy merchandise, or goods and chattels, 
 and to sell the same for the purpose of mak- 
 ing a profit. The quantum of dealing is 
 immaterial, when an intention to deal gen- 
 erally exists. 3 Starkie, 56; 2 Car. & P. 
 135; 1 Term R. 572. 
 
 A farmer who, in addition to his usual 
 business, occasionally buys a horse not cal- 
 culated for his usual occupation, and sells 
 him again to make a profit, and who, in 
 the course of two years, had so bought 
 and sold five or six horses, two of which 
 had been sold, after he had bought them, 
 for the sake of a guinea profit, was held 
 to be a trader. 1 Term R. 537, note; 1 
 Price, 20. Another farmer, who bought a 
 large quantity of potatoes, not to be used 
 on his farm, but merely to sell again for 
 a profit, was also declared to be a trader. 
 1 Strange, 513. See 7 Taunt. 409; 5 Bos. 
 & P. 78; 11 East, 274. 
 
 A butcher who kills only such cattle as 
 he has reared himself is not a trader; but 
 if he buy them and kill and sell them with 
 a view to profit, he is a trader. 4 Burrows, 
 21, 47. See 2 Rose, 38; 3 Campb. 233; 
 Cooke, Bankr. Law, 48, 73; 2 Wils. 169; 
 1 Atk.. 128; Cowp. 745. 
 
 A brickmaker who follows the business 
 for the purpose of enjoying the profits of 
 his real estate merely is not a trader; but 
 when he buys the earth by the load or 
 otherwise, and manufactures it into -bricks, 
 and sells them with a view to profit, he is 
 a trader. Cooke, Bankr. Law, 52, 63; 7 
 East, 442; 3 Car. & P. 500; Moody & M. 
 263; 2 Rose, 422; 2 Glyn & J. 183; 1 Brown, 
 Ch. 173. 
 
 For further examples the reader is re- 
 ferred to 4 Man. & R. 486; 9 Barn. & C. 
 577; 1 Term R. 34; 1 Rose, 316; 2 Taunt. 
 178; 2 Marsh. 236; 3 Moore & S. 761; 10 
 Bingi 292; Peake, 76; 1 Vent. 270; 3 Brod. 
 & B. 2; 6 Moore, 56. 
 
 TRADICION (Spanish). In Spanish law. 
 Delivery. White, New Recop. bk. 2, tit. 2, 
 c. 9. 
 
 TRADING CORPORATIONS. Such cor- 
 porations as are engaged in trading or 
 trading and commerce, including all cor- 
 porations engaged in a business which 
 properly falls within the definition of trad- 
 ing. Fletcher Cyclopedia Corporations 121. 
 See Trade. 
 
 TRADING VALUE. A rather vague and 
 variable standard, meaning such value as 
 an ingenious and energetic puffing would 
 lead the buyer to believe he could realize 
 from the stuflE in his next deal. 233 111. 
 463. 
 
 TRADITIO (Lat.) 
 
 In the Civil Law. Delivery; transfer 
 
 of possession; a giving possession of a cor- 
 poreal thing; a derivative mode of acquir- 
 ing, by which the owner of a corporeal 
 thing, having the right and the will of 
 aliening it, transfers it for a lawful con- 
 sideration to the receiver. Heinec. Elem. 
 Jur. Civ. lib. 2, tit. 1, § 380. 
 
 In Old English Law. Delivery or 
 
 livery, 
 
 TRADITIO BREVIS MANUS (Lat.) In 
 civil law. The delivery of a thing by the 
 mere consent of the parties ; as, when Peter 
 holds the property of Paul as bailee, and 
 afterwards he buys it, it is not necessary 
 that Paul should deliver the property to 
 Pet^r, and he should redeliver it to Paul. 
 The mere consent of the parties transfers 
 the title to Paul. 1 Duv. note 252; 21 Me. 
 231; Poth. ad Pand. lib. 50, cdlxxiv.; 1 
 Bouv. Inst, note 944. 
 
 TRADITIO CLAVIUM (Lat.) In the civil 
 law. Delivery of keys ; a symbolical kind of 
 delivery, by which the ownership of mer- 
 chandise in a warehouse might be transfer- 
 red to a buyer. Inst. 2. 1. 44. 
 
 TRADITIO LOQUI FACIT CHARTAM. 
 Delivery makes the deed speak. 5 Coke, 1. 
 
 TRADITIO NIHIL AMPLIUS TRANS- 
 ferre debet vel potest, ad eum qui accipit, 
 quam est apud eum qui tradit. Delivery can- 
 not and ought not to transfer to him who 
 receives more than was in possession of 
 him who made the delivery. Dig. 41. 1. 
 20. 
 
 TRADITIO REI (Lat.) Delivery of the 
 thing. See 5 Maule & S. 82. 
 
 TRADITION (Lat. trans, over, do, dare, 
 to give). In civxl law. The act by which 
 a thing is delivered by one or more per- 
 sons to one or more others. 
 
 The delivery of possession by the pro- 
 prietor with an intention to transfer the 
 property to the receiver. Two things are, 
 therefore, requisite in order to transmit 
 property in this way, — ^the intention or con- 
 sent of the former owner to transfer it, 
 and the actual delivery in pursuance of that 
 intention. 
 
 Tradition is either real or symbolicaL 
 Real tradition takes place where the ipsa 
 corpora of movables are put into the hands 
 of the receiver. Symbolical tradition la 
 used where the thing is incapable of real 
 delivery, as, in immovable subjects, such 
 as lands and houses, or such as consist in 
 jure (things incorporeal), as, things of 
 fishing, and the like. The' property of cer- 
 tain movables, though they are capable of 
 real delivery, may be transferred by sym- 
 bol. Thus, if the subject be under lock 
 and key^ the delivery of the key is con- 
 sidered as a legal tradition of all that is 
 contained in the repository. Cujas, Obser- 
 vations, liv. 11, c. 10; Inst. 2. 1. 40; Dig. 
 
TRADITOR 
 
 1020 
 
 TRANSFEROR 
 
 41. 1. 9; Ersk. Inst. 2. 1. 10. 11; Civ. 
 Code La. art. 2452 et seq. See "Delivery" 
 
 TRADITOR (Law Lat.) In old English 
 law. A traitor; one guilty of high treason. 
 Fleta, lib. 1, c. 21, § 8. 
 
 TRADITOR IN BALLIUM (Law Lat.) In 
 old practice. Is delivered to bail. Emphatic 
 words of the old Latin bail piece. 1 Salk. 
 105. 
 
 TRAFFIC. Commerce; trade; sale or ex- 
 change of merchandise, bills, money, and the 
 like. 
 
 TRAINBANDS. The militia; the part of 
 a company trained to martial exercises. 
 
 TRAISTIS. In old Scotch law. A roll con- 
 taining the particular dittay taken up upon 
 malefactors, which, with the porteous, is de- 
 livered by the justice clerk to the coroner, 
 to the eflfect that the persons whose names 
 are contained in the porteous may be at- 
 tached, conform to the dittay contained in 
 the traistis. So called because committed to 
 the traist [trust], faith, and credit of the 
 clerks and coroner. Skene de Verb. Sign. 
 
 TRAITOR. One guilty of treason. See 
 charge of Judge Sprague, District Court of 
 Massachusetts, 1682; Bish. Crimes. 
 
 The punishment of a traitor is death. 
 
 TRAITOROUSLY. In pleading. A tech- 
 nical word, which is essential in an indict- 
 ment for treason in order to charge the 
 crime, and which cannot be supplied by any 
 other word or any kind of circumlocution. 
 Having been well laid in the statement of 
 the treason itself, it is not necessary to 
 state every overt act to have been traitor- 
 ously committed. See Bac; Abr. "Indict- 
 ment" (G 1) ; Comyn, Dig. "Indictment" 
 (G 6); Hawk. P. C. bk. 2, c. 25, § 55; 1 
 East, P. C. 115; 2 Hale, P. C. 172, 184; 4 
 Bl. Comm. 307; 3 Inst. 15; Cro. Car. 37; 
 Carth. 819; 2 Salk. 683; 4 Harg. St. Tr. 
 701; 2 Ld. Raym. 870; Comb. 259; 2 Chit. 
 Crim. Law, 104 note (b). 
 
 TRANSACTIO (Lat.) In the civil law. 
 The settlement of a suit or matter in con- 
 troversy, by the litigating parties, between 
 themselves, without referring it to arbitra- 
 tion. Halifax, Civ. Law, bk. 8, c. 8, No. 
 14. An agreement by which a suit, either 
 pending or about to be commenced, was 
 forborne, or discontinued on certain terms. 
 Calv. Lex. See Dig. 2. 15; Fleta, lib. 4, c. 
 17, i 2. 
 
 TRANSACTION (from Lat. trans and 
 ago, to carry over) . Whatever may be done 
 by one person which affects another's rights 
 and out of which cause of action 
 may arise. 151 Wis. 266, 271; 143 Wis. 
 664, 572, 128 N. W. 445; the doing or the 
 performing of any affair, management of 
 any matter; as the transactiqji of busi- 
 ness; that which is done or m the pro- 
 
 cess of being done; an affair. 149 la. 645, 
 
 660. 
 
 In civil law. An agreement between 
 
 two or more persons, who, for the purpose of 
 preventing or putting an end to a lawsuit, 
 adjust their difference, by mutual consent, 
 in the manner which they agree on. In 
 Louisiana this contract must be reduced to 
 writing. Civ. Code La. art. 3038. 
 
 Transactions regulate only the differences 
 which appear to be clearly comprehended in 
 them by the inteiitions of the parties, 
 whether they be explained in a general or 
 particular manner, unless ' it be the neces- 
 sary consequence of what is expressed; and 
 they do not extend to differences which the 
 parties never intended to include in them. 
 Civ. Code La. art. 3040. 
 
 To transact, a man must have the' ca- 
 pacity to dispose of the things included in 
 the transaction. 1 Domit, Lois Civ. 1. 13. 
 1; Dig. 2. 15. 1; Code, 2. 4. 41. In the 
 common law, this is called a compromise. 
 See "Compromise." 
 
 TRANSCRIPT (Lat.) A copy of an orig- 
 inal writing, deed, or record. 
 
 In Appellate Practice. The copy of 
 
 the record transmitted to the appellate 
 court. 
 
 TRANSCRIPTIO PEDIS FINIS LEVATI 
 mittendo in cancellarium. A writ which cer- 
 tified the foot of a fine levied before jus- 
 tices in eyre, etc., into the chancery. Reg. 
 Orig. 669. 
 
 TRANSCRIPTIO RECOGNITIONIS FAC- 
 tae coram justiciarils itinerantibus, etc. An 
 old writ to certify a cognizance taken by 
 justices in eyre. Reg. Orig. 152. 
 
 TRANSFER (Lat. tra,ns, over, fero, to 
 bear or carry) . The act by which the own- 
 er of a thing delivers it to another per- 
 son, with the intent of passing the rights 
 which he has in it to the latter; 1 Ala. 
 669; 36 Conn, 426. 
 
 TRANSFER OF A CAUSE. Removal of 
 it to another court. 
 
 TRANSFERABLE. Capable of being 
 passed to another. Railway passage tickets 
 and personal privileges or licenses are often 
 made "Not Transferable," i. e., valid only 
 in the purchaser's hands. 
 
 TRANSFEREE. He to whom a transfer 
 is made. 
 
 TRANSFERENCE. In Scotch law. The 
 name of an action by which a suit which 
 was pending at the time the party died is 
 transferred from the deceased to his repre- 
 sentatives, in the condition in which it 
 stood formerly. If it be the pursuer who 
 is dead,_the action is called a transference 
 active; if the defender, it is a transference 
 passive. Ersk. Inst. 4. 1. 32. 
 
 TRANSFEROR. Ope who makes a trans- 
 fer. 
 
TRANSFKRUNTUB DOMINIA 
 
 1021 
 
 TRANSMISSION 
 
 TRAN8PERUNTUR DOMINIA SINE TIT- 
 ulo et tradltlono, per usucaptionem^ soil, per 
 longam oontlnuam et paoificam posseselo- 
 nem. Rights of dominion are transferred 
 without title or delivery, by usucaption, to 
 wit, long and quiet possession. Co. Litt. 
 118. 
 
 TRANSFRETATIO. (Lat.) In old Eng- 
 lish law. A crossing of the Strait (of 
 Dover) ; a passing or sailing over from 
 England to France. 
 
 TRANSGRE8SI0 EST CUM MODUS NON 
 servatur nee mensura, debit enim quflibet 
 in suo facto modum habere et mensuram. 
 Transgression is when neither mode nor 
 measure is preserved, for every one in his 
 act ought to have a mode and measure. Co. 
 Litt. 87. 
 
 TRANSGRESSION (Lat. trans, over, 
 greaeio, a step). The violation of a law. 
 
 TRANSGRES8IONE M U LT I P LICATA, 
 crescat poena infllctio. When transgression 
 is multiplied, let the infliction of punishment 
 be increased. 2 Inst. 479. 
 
 TRANSHIPMENT. In maritime law. The 
 act of taking the cargo out of one ship, and 
 loading it in another. 
 
 When this is done from necessity, it does 
 not affect the liability of an insurer on the 
 goods. 1 Marsh. Ins. 166; Abb. Shipp. 240. 
 But when the master tranships goods with- 
 out necessity, he is answerable for the loss 
 of them by capture by public enemies. 1 
 Gall. (U. S.) 443. 
 
 TRANSIENT MERCHANT. The term 
 has reference rather to the character of 
 the business than to the residence of the 
 merchant. 151 Iowa 221, 226. 
 
 In an ordinance exacting a license from 
 that class of persons, a transient merchant, 
 trader, dealer, or vendor is one who, for a 
 short space of time locates at a place, 119 
 Wis. 224; or who carries or transports his 
 goods from house to house or place to place, 
 and makes sales and deliveries of his wares 
 as do other merchants or salesmen. 38 111. 
 App. 361; or one who conducts a mercantile 
 business from a fixed place of business tem- 
 porarily maintained in a community; 171 
 Iowa 678, Ann. Cas. 1917E, 505; 159 111. 
 295, as distinguished from hawkers, ped- 
 dlers, or salesmen or agents who merely 
 solicit orders for the goods of their prin- 
 cipals. 119 Wis. 244; 159 111. 295. 
 
 TRANSIRE. In English law. A warrant 
 for the custom house to let goods pass; a 
 permit. See, for a form of a transire, Harg. 
 Law Tr. 104. 
 
 TRANSIT IN REM JUDICATAM. It 
 passes into a judgment. Broom, Leg. Max. 
 (3d London Ed.) 298; 11 Pet. (U. S.) 100. 
 See, also, 18 Johns. (N. Y.) 463; 2 Sumn. 
 (U. S.) 436; 6 East, 261. 
 
 TRANSIT TERRA CUM ONERE. The 
 land passes with Its burden. Co. Litt. 281a; 
 Shep. Touch. 178; 5 Bam. & C. 607; 7 
 Mees. & W. 680; 3 Bam. & Aid. 587; 18 
 C. B. 845; 24 Barb. (N. Y.) 865; Broom, 
 Leg. Max. (3d London Ed.) 437, 630. 
 
 TRANSITIVE COVENANT. One binding 
 the representatives of the covenantor. 
 
 TRANSITORY ACTION. In practice. An 
 action the cause of which might have arisen 
 in one place or county as well as another. 
 
 In general, all personal actions, whether 
 ex contractu (5 Taunt. 25; 6 East, 352; 2 
 Johns. Cas. [N. Y.] 335; 3 Caines [N. Y.] 
 374; 3 Serg. & R. [Pa.] 500; 1 Chit. PI. 
 243), or ex delicto (1 Chit. PI. 243), are 
 transitory. 
 
 Such action might, at common law, be 
 brought in any county, but in the United 
 States statutes have been passed prescrib- 
 ing in what counties the suit may be 
 brought. 
 
 TRANSiTUS (Lat.) A transit. See "Stop- 
 page in Transitu." 
 
 TRANSLADO (Spanish). A transcript. 
 
 TRANSLATION. The reproduction In one 
 language of what has been written or 
 spoken in another. 
 
 In pleading, when a libel or an agree- 
 ment written in a foreign language must be 
 averred, it is necessary that a translation 
 of it should also be given. 
 
 In evidence, when a witness is unable to 
 speak the English language so as to convey 
 his ideas, a translation of his testimony 
 must be made. In that case, an interpreter 
 should be sworn to translate to him, on 
 oath, the questions propounded to him, and 
 to translate to the court and jury. 
 
 The bestowing of a legacy which had 
 been given to one, on another. This is a 
 species of ademption; but it differs from 
 it in this, that there may be an ademption 
 without a translation, but there can be no 
 translation without an ademption. Bac. 
 Abr. "Legacies" (C). 
 
 The transfer of property; but in this 
 sense it is seldom used. 2 BL Comm. 294. 
 See "Interpreter." 
 
 in Ecclesiastical Law, The removal 
 
 from one place to another; as, the bishop 
 was translated from the diocese of A. to 
 that of B. in the civil law, "translation" 
 signifies the transfer of property. Clef des 
 Lois Rom. 
 
 TRANSLATITIUM EDICTUM. So much 
 of the edict promulgated by the former 
 praetor as was retained and republished by 
 his successor. 
 
 TRANSLATIVE FACT. A fact by means 
 of which a right is transferred or passes 
 from one person to another. 
 
 TRANSMISSION (from Lat. i/rana, over, 
 mitto, to send). In civil law. The right 
 which heirs or legatees may have of pass- 
 
TRANSPORTATION 
 
 1022 
 
 TREADMILL 
 
 ing to their successors the inheritance or 
 legacy to which they were entitled, if they 
 happen to die without having exercised their 
 rights. Domat. liv. 3, tit. 1, § 10; 4 Toul- 
 lier, Dr. Civ. note 186; Dig. 50. 17. 54; 
 Code, 6. 51. 
 
 TRANSPORTATION (from Lat. trans, 
 over, beyond, porta to carry). In English 
 law. A punishment inflicted by virtue of 
 sundry statutes. It was unknown to the 
 common law. 2 H. Bl. 223. It is a part of 
 the judgment or sentence of the court that 
 the party shall be transported or sent into 
 exile. 1 Chit. Grim. Law, 789-796; Princ. 
 Pen. Law, a. 4, § 2. 
 
 TRANSUMPTS. In the Scotch law, an ac- 
 tion of transumpt is an action competent 
 to any one having a partial interest in a 
 writing, or immediate use for it, to sup- 
 port his title or defenses in other actions. 
 It is directed against the custodier of the 
 writing, calling upon him to exhibit it, in 
 order that a transumpt, i. e., a copy, may 
 be judicially made and delivered to the pur- 
 suer. Bell, Diet. 
 
 TRASSATUS. One who is drawn, or 
 drawn upon. The drawee of a bill of ex- 
 change. Heinec. de Camb. c. 6, §§ 5, 6. 
 
 TRAVAIL. The act of child bearing. 
 
 A woman is said to be in her travail from 
 the time the pains of child bearing com- 
 mence, until her delivery. 5 Pick. (Mass.) 
 63; 6 Me. 460. 
 
 TRAVERSE (Law Fr. traverser, to turn 
 over, to deny). To deny; to put off. 
 
 In Civil Pleading. To deny or contro- 
 vert anything which is alleged in the pre- 
 vious pleading. Lawes, PI. 116. A denial. 
 Willes, 224. A direct denial in formal 
 words: "Without this, that, etc." {absque 
 hoc). 1 Chit. PI. 523, note (a). A traverse 
 may deny all the facts alleged (1 Chit. PI. 
 525), or any particular material fact (20 
 Johns. [N. Y.] 406). 
 
 (1) A common traverse is a direct denial, 
 in common language, of the adverse allega- 
 tions, without the absque hoc, and conclud- 
 ing to the country. It is not preceded by 
 an inducement, and hence cannot be used 
 where an inducement is requisite. 1 Saund. 
 103b, note 1. 
 
 (2) A general traverse is one preceded 
 . by a general inducement, and denying all 
 
 that is last before alleged on the opposite 
 side, in general terms, instead of pursuing 
 the words of the allegation which it denies. 
 Gould, PI. vii. 5, 6. Of this sort of traverse 
 the replication de injuria sua propria absque 
 tali causa, in answer to a justification, is a 
 familiar example. Bac. Abr. "Pleas" (H 1) ; 
 Steph. PL 171; Gould, PI. c. 7, § 5: Archb. 
 Civ. PI. 194. 
 
 (3) A special traverse is one which com- 
 mences with the words absque hoc, and pur- 
 sues the material portion of the words of 
 the allegation which it denies. Lawes, PL 
 
 116-120. It is regularly preceded by an in- 
 ducement consisting of new matter, liould, 
 PI c. 7, §§6, 7; Steph. PL 188. A special 
 traverse does not complete an issue, as does 
 a common traverse. 20 Viner, Abr. 339; 
 Yelv. 147, 148; 1 Saund. 22, note 2._ 
 
 (4) A traverse upon a traverse is pne 
 growing out of the same point or subject 
 matter as is embraced in a preceding trav- 
 erse on the other side. Gould, PL c. 7, § 42, 
 note. It is a general rule that a traverse 
 well intended on one side must be accepted 
 on the other. And hence it follows, as a 
 general rule, that there cannot be a trav- 
 erse upon a traverse if the first traverse is 
 material. The meaning of the rule is that, 
 when one party has tendered a material 
 traverse, the other cannot leave it and ten- 
 der another of his own to the same point 
 upon the inducement of the first traverse, 
 but must join in that first tendered; other- 
 wise the parties might alternately tender 
 traverses to each other in unlimited suc- 
 cession, without coming to an issue. Gould, 
 PI. c. 7, § 42. The rule, however, does not 
 apply where the first traverse is imma- 
 terial, nor where it is material if the plain- 
 tiff would thereby be ousted of some right 
 or liberty which the law allows. Poph. 101; 
 F. Moore, 350; Hob. 104; Cro. Eliz. 99, 
 418; Comyn, Dig. "Pleader" (G 18); Bac. 
 Abr. "Pleas" (H 4) ; Bouv. Inst. Index. 
 
 In Criminal Practice. To put off or 
 
 delay the trial of an indictment till a suc- 
 ceeding term. More properly, to deny or 
 take issue upon an indictment. Dick. Sess. 
 151; 4 BL Comm. 351. 
 
 TRAVERSE JURY. A petit or trial jury. 
 
 TRAVERSE OF AN OFFICE. Proof that 
 an inquisition made of lands or goods by 
 the escheator is defective and untruly made. 
 
 TRAVERSER. One who traverses or de- 
 nies. 
 
 TRAVERSING ANSWER or TRAVERS- 
 ing note. In suits under the old English 
 practice in chancery, where the defendant 
 refused or neglected to file an answer to 
 the bill, the plaintiff might file either a 
 traversing answer or a traversing note, 
 which produced the same effect as if the 
 defendant had filed an answer traversing 
 the case made by the bill. Daniell, Ch. 
 Prac. 436. The modern practice dispenses 
 with these fictions. See Rules of Court 
 xxix. passim. See, also, "Pro Confess©." 
 
 TREACHER, TRECHETOUR, or 
 treachour. A traitor. 
 
 TREADIVIILL. An instrument of prison 
 discipline in England. It is composed of a 
 large revolving cylinder, having ledges or 
 steps fixed around its circumference. The 
 prisoners walk up these ledges, and their 
 weight moves the cylinder around. 
 
TREASON 
 
 1023 
 
 TREATY 
 
 TREASON. 
 
 — — At Common Law. This word imports 
 a betraying, treachery, or breach of alle- 
 giance. 4 Bl. Comm. 75. 
 
 Treason was either: 
 
 (1) High treason, which was the com- 
 passing of the king's death, the aiding and 
 comforting of his enemies, the forging or 
 counterfeiting of his coin, the counterfeit- 
 ing of the privy seal, or the killing of the 
 chancellor, or either of the king's justices. 
 
 (2) Petit treason, which was where a 
 wife murdered her husband, a servant his 
 master, or an ecclesiastic his lord or or- 
 dinary. 4 Bl. Comm. 73. 
 
 In the United States. The constitu- 
 tion of the United States (article 3, § 3) 
 defines treason against the United States to 
 consist only in levying war against them, 
 or in adhering to their enemies, giving 
 them aid or comfort This offense is pun^ 
 ished with death. Act April 30, 1790 (1 
 Story, U. S. Laws, 83). By the same 
 article of the constitution, no person shall 
 be convicted of treason unless on the testi- 
 mony of two witnesses to the same overt 
 act, or on confession in open court. See, 
 generally, 3 Story, Const. 39, p. 667; 1 
 Bl. Comm. Append. 275, 276; 3 Wilson, 
 Law Lect. 96-99; Foster, Disc. (I); Fed. 
 Cas. No. 14, 692; 4 Cranch (U. S.) 126; 
 469-508; 1 Dall. (U. S.) 35; 2 Dall. (U. 
 S.) 246, 355; 3 Wash. C. C. (U. S.) 234; 1 
 Johns. (N. Y.) 553; 11 Johns. (N. Y.) 549; 
 Comyn, Dig. "Justices" (K) ; 1 East, P. C. 
 37-158; 2 Chit. Crim. Law, 60-102; Archb. 
 Crim. PI. 378-387. 
 
 TREASON FELONY. An offense under 
 11 & 12 Vict. c. 12, consisting of compass- 
 ing, etc., to depose her majesty, or to levy 
 war to intimidate parliament, etc. Mozley 
 & W. 
 
 TREASONABLE. Having the nature or 
 guilt of treason. 
 
 TREASURE TROVE. Found treasure. 
 This name is given to such money or coin, 
 gold, silver, plate, or bullion, which, having 
 been hidden or concealed in the earth or 
 other private place so long that its owner is 
 unknovm, has been discovered by accident. 
 Should the owner be found, it must be re- 
 stored to him; and in case of not finding 
 him, the property, according to the English 
 law, belongs to the king. In the latter case, 
 by the civil law, when the treasure was 
 found by the owner of the soil, he was 
 considered as entitled to it by the double 
 title of owner and finder; when found on 
 another's property, one-half belonged to 
 the owner of the estate and the other to 
 the finder; when found on public property, 
 it belonged one-half to the public treasury 
 and the other to the finder. Lecon. du Dr. 
 Rom. §§350-352. This includes not only 
 gold and silver, but whatever may con- 
 stitute riches; as, vases, urns, statues, etc. 
 
 The Roman definition includes the same 
 things under the word pecunia; but the 
 
 thing found must have a commercial value ; 
 for ancient tombs would not be considered 
 a treasure. The thing must have been hid- 
 den or concealed in the earth, and no one 
 must be able to establish his right to it. 
 It must be found by a pure accident, and 
 not in consequence of search. Dalloz, "Pro- 
 priete," art. 3, §3. 
 
 According to the French law, le tresor est 
 toute chose cachee ou enfouie, sur laquelle 
 personne ne pent justifier sa propriete, et 
 quie est decouverte par le pur effet du has- 
 ard. Code Civ. 716. See 4 Toullier, Dr. 
 Civ. note 34. See, generally, 20 Viner, Abr. 
 414; 7 Comyn, Dig. 649; 1 Brown,^Civ. 
 Law, 237; 1 Bl. Comm. 295; Poth. Traite 
 du Droit de Propriete, art. 4. 
 
 TREASURER'S REMEMBRANCER. He 
 whose charge was to put the lord treas- 
 urer and the rest of the judges of the 
 exchequer in remembrance of such things as 
 were called on and dealt in for the sov- 
 ereign's behoof. There is still one in Scot- 
 land. 
 
 TREASURY. That fiscal department of 
 the government which controls the pay- 
 ments of the public money in accordance 
 with the votes of the legislature. 
 
 TREASURY BENCH. In the English 
 house of commons, the first row of seats on 
 the right hand of the speaker is so called, 
 because occupied by the first lord of the 
 treasury, or principal minister of the 
 crown. Brown. 
 
 TREASURY CHEST FUND. A fund. In 
 England, originating in the unusual balan- 
 ces of certain grants of public money, and 
 which is used for banking and loan pur- 
 poses by the commissioners of the treas- 
 ury. Its amount was limited by St. 24 & 
 25 Vict. c. 127, and has been further re- 
 duced to one million pounds, the residue be- 
 ing transferred to the consolidated fund by 
 St. 36 & 37 Vict. c. 56. Wharton. 
 
 TREASURY STOCK. Stock reserved at 
 the time of organization as assets of the 
 corporation and the stockholders to be used 
 in furtherance of corporate purposes. In 
 respect to mining stock it has been held to 
 mean "such stock as is set aside for the 
 actual development of the property." Stock 
 which has been issued as full paid to cer- 
 tain stockholders and has by them been 
 subsequently donated to the corporation to 
 be used by it in furtherance of its pur- 
 poses is often spoken of as treasury stock. 
 Strictly speaking it is not treasury stock, 
 however, but occupies rather the status of 
 any other property that it may own and 
 which it may sell or barter at any time 
 as it would sell or barter other personal 
 property. 5 Fletcher Cyclopedia of Cor- 
 porations, 5601. 
 
 TREATY. Treaties are agreements made 
 and entered into by one independent state 
 
TREATY OF PARIS 
 
 1024 
 
 TRESPASS 
 
 with another, in cftnformity -witli law, by 
 which it places itself ttnder an obligation. 
 The following are not considered trea- 
 ties: 
 
 (1) Agreements entered into by a state 
 with private individuals. 
 
 (2) Agreements between a state and the 
 church, and especially concordats of the dif- 
 ferent states with the pope. 
 
 (3) Agreements by sovereigns or sover^ 
 eign dynasties, whether among themselves 
 or with foreign states, relative to their per- 
 sonal or dynastic pretensions to the gov- 
 ernment of a country. Glenn, Int. Law, 
 139; Hall, Int. Law, 323, note 1. 
 
 Treaty of Alliance. One entered into 
 
 by two or more states with a view of secur- 
 ing concerted action for the purpose desig- 
 nated in the treaty. Alliances may be 
 either equal or unequal, and either offensive 
 or defensive, or both. Davis, Int. Law, 82, 
 note. 
 
 Treaty of Guaranty. One entered into 
 
 for the purpose of securing the observance 
 of a treaty already existing, or the perma- 
 nence of an existing state of affairs. The 
 treaty of London of 1832, by which France, 
 Great Britain, and Russia guarantied the 
 sovereignty and independence of Greece, is 
 an example. 
 
 Treaty of Peace. A treaty of peace 
 
 is an agreement or contract made by bellig- 
 erent powers, in which they agree to lay 
 down their arms, and by which they stipu- 
 late the conditions of peace and regulate 
 the manner in which it is to be restored 
 and supported. Vattel, bk. 4, c. 2, § 9. 
 
 TREATY OF PARIS. An agreement, more 
 properly, perhaps, termed a "declaration," 
 signed at Paris April 16, 1856, by repre- 
 sentatives of Great Britain, Austria, 
 Prance, Prussia, Russia, Sardinia, and Tur- 
 key. 
 
 The points agreed on relate to maritime 
 law in time of war and are: 
 
 (1) Privateering is abolished. 
 
 (2) The neutral flag covers enemy's 
 goods except contraband of war. 
 
 (3) Neutral goods, except contraband of 
 war, are not subject to capture under the 
 enemy's iiag. 
 
 (4) Blockade, to be effective, must be 
 maintained by a force sufficient to prevent 
 access to the coast of the enemy. 
 
 TREATY OF VERSAILLES. The treaty 
 of peace between Germany and the Allied 
 Powers which concluded the World War. It 
 was signed at Versailles on June 28, 1919, 
 and ratifications were exchanged at Paris 
 on Jan. 10, 1920. The treaty was not rati- 
 fied by the United States. 
 
 TREATY OF WASHINGTON. A treaty 
 signed on May 8, IBIl, between Great 
 Britain and the United Btatfti of America, 
 with reference to certain differences arising 
 out of the war between the northern and 
 southern states of the Union, the Canadian 
 fisheries, and other matters. Wharton. 
 
 TREBLE COSTS. 
 
 -. In English Praotiee. The taxed costs 
 
 and three-fourths the same added thereto. 
 It is computed by adding one-half for double 
 costs, and, in addition, one-half of one-half 
 for treble costs. 1 Chit 187; 1 Chit. Prac. 
 27 
 
 In American Law. In Pennsylvania 
 
 the rule is different. When an act of as- 
 sembly gives treble costs, the party is al- 
 lowed three times the usual costs, with the 
 exception that the fees of the officers are 
 not to be trebled when they are not regrularly 
 or usually payable by the defendant. 2 
 Rawle (Pa.) 201. 
 
 In New York, the English method is fol- 
 lowed. 9 Wend. (N. Y.) 443. 
 
 TREBLE DAMAGES. In actions arising 
 ex contractu, some statutes give treble dam- 
 ages, and these statutes have been liberally 
 construed to mean actually treble damages; 
 for example, if the jury give twenty dollars 
 damages for a forcible entry, the court will 
 award forty dollars more, so as to make the 
 total amount of damages sixty dollars. 4 
 Bam. & C. 154; McClel. 567. 
 
 The construction on the words "treble 
 damages" is different from that which has 
 been put on the words "treble costs." See 6 
 Serg. & R. (Pa.) 288; 1 Browne (Pa.) 9; 1 
 Cow. (N. Y.) 160, 175, 176, 584; 8 Cow. 
 (N. Y.) 115. 
 
 TREBUCKET. The name of an engine 
 of punishment, said to be synonymous with 
 "tumbrel." 
 
 TREMAGIUM, TREIVIESIUM, or TERMIS- 
 slum. The reason or time of sowing sum- 
 mer corn, being about March, the third 
 month, to which the word may allude. 
 Cowell. 
 
 TRES FACIUNT COLLEGIUM. Three 
 form a corporation. Dig. 60. 16. 85; 1 Bl. 
 Comm. 469. 
 
 TRESAYLE. An abolished writ sued on 
 ouster by abatement on the death of the 
 grandfatiker's grandfather. 
 
 TRESPASS. Any misfeasance or act of 
 one man, whereby another is injuriously 
 treated or damnified. 3 Bl. Comm. 208; 7 
 Conn. 125. 
 
 Any unlawful act committed with violence, 
 actual or implied, to the person, property, or 
 rights of another. 
 
 Any unauthorized entry upon the realty 
 of another, to the damage thereof. 
 
 The word is used oftenep in the last two 
 somewhat restricted significations than In 
 the first sense here ghren. In determining 
 the nature of the act, neither the amount of 
 violence or the intent with which it is of- 
 fered, nor the extent of iiie damage acttym- 
 plished or the purpose for whidi the act 
 was committed, are of anjr iiuportanc6; since 
 a person who enters upon the land of an- 
 other without leave, to lead oEf his own run- 
 away horse, and who breaks a blade of 
 
TRESPASS DE BONIS 
 
 1025 
 
 TRIAL 
 
 grsss in so doing, commits a trespass. 2 
 Humph. (Tenn.) 325; 6 Johns. (N. Y.) 5. 
 
 It is said that "some" damage must be 
 committed to make an act a trespass. It is 
 undoubtedly true that damage is required 
 to constitute a trespass for which an action 
 ■will lie; but, so far as the tort itself is con- 
 cerned, it seems more than doubtful if the 
 mere commission of an act affecting another, 
 without legal authority, does not constitute 
 trespass, though, until damage is done, the 
 law will not regard it, inasmuch as the law 
 does not regard trifles. 
 
 The distinction between the different 
 classes of trespass is of importance in de- 
 termining the nature of the remedy. 
 
 A trespass committed with force is said to 
 be done "vi et armis;" one committed by 
 entry upon the realty, "by breaking the 
 close." 
 
 In Practice. A form of action which 
 
 lies to recover damages for the injury sus- 
 tained by the plaintiff, as the immediate con- 
 sequence of some wrong done forcibly to his 
 person or property, against the person com- 
 mitting the same. Force is the essential of 
 the action, and distinguishes it from "tres- 
 pass on the case." 
 
 TRESPASS DE BONIS ASPORTATIS 
 (Lat. de bonis asportatis, for goods which 
 have been carried away). In practice. A 
 form of action brought by the owner of 
 goods to recover damages for unlawfully 
 taking and carrying them away. 1 Me. 117. 
 
 It is no answer to the action that the de- 
 fendant has returned the goods. 1 Bouv. 
 Inst, note 36 (H). 
 
 TRESPASS FOR MESNE PROFITS. A 
 form of action, supplemental to an action of 
 ejectment, brought against the tenant in 
 possession to recover the profits which he 
 has unlawfully received during the time of 
 his occupation. 3 Bl. Comm. 205; 4 Bur- 
 rows, 1668. The person who actually re- 
 ceived the profits is to be made defendant, 
 whether defendant to the ejectment or not. 
 11 Wheat. (U. S.) 280. It lies after a re- 
 covery in ejectment (5 Cow. [N. Y.] 33; 11 
 Serg. & R. [Pa.] 55), or entry (6 N. H. 
 391), but not trespass to try title (Const. 
 [S. C] 102; 1 McCord [S. C] 264) ; and the 
 judgment in ejectment is conclusive evidence 
 against the defendant for all profits which 
 have accrued since the date of the demise 
 stated in the declaration in ejectment (1 
 Blackf. [Ind.] 56; 2 Rawle [Pa.] 49); but 
 suit for any antecedent profits is open to a 
 new defense, and the tenant may plead the 
 statute of limitations as to all profits accru- 
 ing beyond the period fixed by law (8 Bl. 
 Comm. 206, note; 2 Root [Conn.] 440). 
 
 TRESPASS ON THE 0A8E. Ill prerottce. 
 The form rf action by which a peratm eeek^ 
 to recover damages caused by an injury un- 
 accompanied with force, or which rrtrolts in^ 
 directly from the act of the defendant. It 
 is more genteraUy called simply "case." See 
 "Case;" 3 Bouv. Inst, notes 3482-8509. 
 
 TRESPASS QUARE 0LAU8UM FREGIT 
 
 (Lat. quare ckmsian fregit, because he has 
 broken the close). In practice. The form 
 of action which lies to recover damages for 
 injuries to the realty consequent upon entry 
 without right, but not by force, upon the 
 plaintiff's land. 
 
 TRESPASS TO TRY TITLE. An action 
 authorized in a few states by statutes allow- 
 ing title to be tried in trespass q. c. f. The 
 nature and scope of the action differs with 
 the various statutes. In South Carolina, the 
 action is in the nature of ejectment, while 
 in Texas it is ,an action to quiet title. 
 
 TRESPASS VI ET ARMIS (Lat. vi et 
 armis, with force and arms). In practice. 
 The form of action which lies to recover 
 damages for an injury which is the imme- 
 diate consequence of a forcible wrong:ful act 
 done to the person or personal property. 2 
 Const. (S. C.) 294. It is distinguished from 
 case in this, that the injury in case is the 
 indirect result of the act done. See "Case;" 
 4 Bouv. Inst, note 3583. 
 
 TRESPASSER. One who does an unlaw- 
 ful act, or a lawful act in an unlawful man- 
 ner, to the injury of the person or property 
 of another. 
 
 TRESPASSER AB INITIO. A term ap- 
 plied to denote that one who has commenced 
 a lawful act in a proper manner has per- 
 formed some unlawful act, or some lawful 
 act in an unlawful manner, so connected 
 with the previous act that he is to be re- 
 garded as having acted unlawfully from the 
 beginning. See 8 Coke, 146; 5 Taunt. 198; 
 7 Add. & E. 176; 11 Mees. & W. 740; 15 
 Johns. (N. Y.) 401. See "Ab Initio." 
 
 TRESTONARE. To turn or divert an- 
 other way. Cowell. 
 
 TRET. An allowance made for the water 
 or dust that may be mixed with any com- 
 modity. It differs from "tare." 
 
 TREYNE. (L. Fr.) In old English law. 
 Drawn; dragged to the scaffold. 
 
 TREYT. Withdrawn, as a juror. Written 
 also "treat." Cowell. 
 
 TRIA CAPITA. In the Roman law, were 
 oivitae, libertas, and familia, i. e., citizen- 
 ship, freedom, and family rights. See 
 "Caput;" "Status." 
 
 TRIAL. The examination before a com- 
 petent tribunal, according to the law of the 
 land, of the facte pu^ in issue in a cause for 
 the purpose of dd»rmining such issue. 4 
 Masdn (U. S.) 282. 
 
 Thts methods of Mai at ennmon law were: 
 
 (1) By certificate, where the evidence of 
 the person certifying is the only proper ori- 
 terldn of the point u dispute. S BL Ck>mm. 
 833. 
 
 (2) By inspection or examination, where 
 the Jwlges uptin the teabimony of thdr 
 
TRIAL AT BAR 
 
 1026 
 
 TRINITY HOUSE 
 
 senses decide the point in dispute. 
 
 (3) By witnesses, without the interven- 
 tion of a jury (3 BI. Comm. 336). 
 
 (4) By jury, which is that form of trial 
 in which the facts are determined by twelve 
 men impartially selected from the body of 
 the county. See "Jury." 
 
 (5) By the record, where an issue oi nul 
 tiel record is joined in any action. 
 
 (6) By grand assize, a peculiar method 
 of trial allowed in writs of right. See 
 "Grand Assize." 
 
 (7) By wager of battel, which, in the old 
 English law, was a barbarous mode of try- 
 ing facts, among a rude people, founded on 
 the supposition that heaven would always 
 
 ■ interpose and give the victory to the cham- 
 pions of truth and innocence. This mode of 
 trial was abolished in England as late as 
 St. 69 Geo. III. c. 46, A. D. 1818. It never 
 was in force in the United States. See 3 
 Bl. Comm. 337; 1 Hale, Hist. Com. Law, 
 188. See a modern case, 1 Barn. & Aid. 405. 
 
 (8) By wager of law, which mode of trial 
 has fallen into complete disuse; but, in 
 point of law, it seems in England to be still 
 competent in most cases to which it an- 
 ciently applied. The most important and 
 best-established of these cases is the issue 
 of nil debet, arising in action of debt on 
 simple contract, or the issue of non detinet, 
 in an action of detinue. In the declaration 
 in these actions, as in almost all others, the 
 plaintiff concludes by offering his suit (of 
 which the ancient meaning was followers or 
 witnesses, though the words are now re- 
 tained as mere form) to prove the truth of 
 his claim. On the other hand, if the de- 
 fendant, by a plea of nil debet or non de- 
 tinet, deny the debt or detention, he may con- 
 clude by offering to establish the truth of 
 such plea "against the plaintiff and his suit, 
 in such manner as the court shall direct." 
 Upon this, the court awards the wager of 
 law (Co. Entr. 119a; Lilly, Entr. 467; 3 
 Chit. PI. 479), and the form of this proceed- 
 ing, when so awarded is that the defendant 
 brings into court with him eleven of his 
 neighbors, and for himself makes oath that 
 he does not owe the debt or detain the 
 property. 
 
 TRIAL AT BAR. Trial before all the 
 judges at the bar of the court in which the 
 suit is brought. Steph. PI. 84. Seldom used 
 except in cases of great importance. 
 
 TRIAL AT NISI PRIUS. Trial before a 
 justice of assize; the usual method of trial. 
 3 Bl. Comm. 353. 
 
 TRIAL LIST. A list of cases marked down 
 for trial for any one term. 
 
 TRIATIO IBI SEMPER DEBET FIERI, 
 ubi juratores meliorem possunt habere 
 notltlam. Trial ought always to be had 
 where the jurors can have the best infor- 
 mation. 7 Coke, 1. 
 
 TRIBUERE (Lat.) In the civil law. To 
 give. Calv. Lex. To distribute. 
 
 TRIBUNAL. The seat of a judge; the 
 place where he administers justice. The 
 whole body of judges who compose a juris- 
 diction. 155 111. App. 405. The jurisdiction 
 which the judges exercise. 
 
 The term is Latin, and derives its origin 
 from the elevated seat where the tribunes 
 administered justice. 
 
 TRIBUNAUX DE COMMERCE. In the 
 French law, courts consisting of a presi- 
 dent, judges, and substitutes elected in an 
 assembly of the principal triers. No per- 
 son under thirty years is eligible as a mem- 
 ber of the tribunal, and the president must 
 be forty years of age, at the least. The 
 tribunal takes cognizance of all cases arising 
 between merchants, and also of all dis- 
 agreements arising among partners. The 
 course of procedure is as in civil cases, and 
 with an appeal to the regular courts. 
 Brown. 
 
 TRIBUTE. A contribution which is some- 
 times raised by the sovereign from his sub- 
 jects to sustain the expenses of the state. It 
 is also a sum of money paid by one nation 
 to another under some pretended right. 
 Wolfif. § 1145. 
 
 TRICES I MA. An ancient custom in a bor- 
 ough in the county of Hereford, so called, 
 because thirty burgesses paid Id. rent for 
 their houses to the bishop, who was lord of 
 the manor. 
 
 TRIDING MOTE. The court held for a 
 triding or trithing. Cowell. 
 
 TRIENNIAL ACT. An act limiting the 
 duration of every parliament to three years, 
 unless sooner dissolved. It was passed by 
 the long parliament in 1640, and afterwards 
 repealed, and the term was fixed at seven 
 years by the septennial act (St. 1 Geo. I. st. 
 2, c. 38). 
 
 TRIENS (Lat.) In the Roman law. A sub- 
 division of the as, containing four unciae; 
 the proportion of four-twelfths or one-third. 
 Tayl. Civ. Law, 492; 2 Bl. Comm. 462, note 
 (m). 
 
 TRIGAMUS. In old English law. One who 
 has been thrice married; one who, at dif- 
 ferent times and successively, has had three 
 wives; a trigamist. 3 Inst. 88. 
 
 TRIGILD. In Saxon law. A triple gild, 
 geld, or payment; three times the value of 
 a thing, paid as a composition or satisfac- 
 tion. Spelman, voc. "Geldum." 
 
 TRINITY HOUSE. In English law. The 
 short name usually given to a society incor- 
 porated in the reign of Henry VIII., and 
 charged by successive acts of parliament 
 with duties relating to the marine, especial- 
 ly in relation to pilotage, and the erection 
 and maintenance of lighthouses, beacons, 
 and sea marks. 
 
TRINITY MASTERS 
 
 1027 
 
 TROVER 
 
 TRINITY MASTERS. Elder brethren of 
 the Trinity House. If a question arising in 
 an admiralty action depends upon techni- 
 cal skill and experience in navigation, the 
 judge or court is usually assisted at the 
 hearing by two trinity masters, who sit as 
 assessors, and advise the court on questions 
 of a nautical character. Williams & B. 
 Adm. Jur. 271; Sweet. 
 
 TRINITY SITTINGS. Sittings of the Eng- 
 lish court of appeal and of the high court 
 of justice in London and Middlesex, com- 
 mencing on the Tuesday after Whitsun 
 week, and terminating on the 8th of Aug- 
 ust. 
 
 TRINITY TERM. In English law. One of 
 the four terms of the court. It begins on 
 the 22d day of May, and ends on the 12th 
 of June. St. 11 Geo. IV., and Wm. IV., c. 
 70. It was formerly a movable term. 
 
 TRINOBANTES, TRINONANTES, or TRI- 
 novantes. In habitants of Britain, situated 
 next to the Cantii, northward, who occu- 
 pied, according to Camden and Baxter, that 
 country which now comprises the counties 
 of Essex and Middlesex, and some part of 
 Surrey. But if Ptolemy be not mistaken, 
 their territories were not so extensive in 
 his time, as London did not then belong to 
 them. The name seems to be derived from 
 the three following British words: Tri, 
 now, hant, i. e., inhabitants of the new city 
 (London). Enc. Lond. 
 
 TRINODA NECESSITAS (Lat.) The 
 threefold necessary public duties to which all 
 lands were liable by Saxon law, viz., for re- 
 pairing bridges, for maintaining castles or 
 garrisons, and for expeditions to repel inva- 
 sions. In the immunities enumerated in 
 king's grants, these words were inserted, 
 "exceptis his tribus, expeditione, pontis et 
 a/rcis constructione." Kennett, Par. Ant. 46 ; 
 1 Bl. Comm. 263. 
 
 TRIORS. In practice. Persons appointed 
 according to law to try whether a person 
 challenged to the favor is or is not qualified 
 to serve on the jury. They do not exceed 
 two in number, without the consent of the 
 prosecutor and defendant, or unless some 
 special case is alleged by one of them, or 
 when only one juror has been sworn and two 
 triors are appointed with him. Co. Litt. 
 158a; Bac. Abr. "Juries" (E 12). 
 
 TRIPARTITE. Consisting of three parts; 
 as, a deed tripartite, between A. of the first 
 part, B. of the second part, and C. of the 
 third part. 
 
 TRIPLICACION (Law Fr.) In old plead- 
 ing. A rejoinder in pleading; the defend- 
 ant's answer to the plaintiff's replication. 
 Britt. c. 77. 
 
 TRIPLICATIO (Lat.) In civil law. The 
 reply of the plaintiff (actor) to the rejoinder 
 Ji,duplicatio) of the defendant {reus). It 
 
 corresponds to the surrejoinder of common 
 law. Inst. 4. 14; Bracton, lib. 5, tit. 5, c, 1. 
 
 TRIPLUM (Lat.) In the civil law. The 
 triple value of a thing. Actio in triplum, 
 an action for the triple valua Inst. 4. 6. 
 21. 24. 
 
 TRISTIS. A forest immunity. Manw. For. 
 Law, 1, 86. 
 
 TRITHING (Saxon, trithinga). The third 
 part of a county, consisting of three or 
 four hundreds. 
 
 A court within the circuit of the trithing, 
 in the nature of a court leet, but inferior to 
 the county court. Camd. 102. The ridings 
 of Yorkshire are only a corruption of try- 
 things. 1 Bl. Comm. 116; Spelman, 52; 
 Cowell. 
 
 TRITHING MOTE. The court held lor a 
 trithing or riding. 
 
 TRITHING REEVE. A governor of a 
 trithing. 
 
 TRIUMVIR. A trithing man or constable 
 of three hundred. Cowell. 
 
 TRIUMVIRI (or TREVIRI, or TRESVIRI) 
 capitales (Lat.) In Roman law. Officers 
 who had charge of the prison, through 
 whose intervention punishments were in- 
 flicted. Sallust, in Catilin. They had eight 
 lictors to execute their orders. Vicat. 
 
 TRIVERBIAL DAYS. In the civil law. 
 Juridical days; days allowed to the praetor 
 for deciding causes ; days on which the prae- 
 tor might speak the three characteristic 
 words of his ofiice, viz., do, dico, addico. 
 Calv. Lex. Otherwise called "dies fasti." 3 
 Bl. Comm. 424, and note (w) . 
 
 TRIVIAL. Of small importance. It is a 
 rule in equity that a demurrer will lie to a 
 bill on the ground of the triviality of the 
 matter in dispute, as being below the dignity 
 of the court. 4 Bouv. Inst, note 4237. See 
 Hopk. 112; 4 Johns. Ch. (N. Y.) 183; 4 
 Paige, Ch. (N. Y.) 364. 
 
 T RON AGE. In English law. A customary 
 duty or toll for weighing wool; so called 
 because it was weighed by a common trona, 
 or beam. Fleta, lib. 2, c. 12. 
 
 TRONATOR. A weigher of wool. Cowell. 
 
 TROPHY MONEY. Money formerly col- 
 lected and raised in London, and the sev- 
 eral counties of England, towards provid- 
 ing harness and maintenance for the militia, 
 etc. 
 
 TROVER (Fr. irowrer, tofind). In prac- 
 tice. A form of action which lies to recover 
 damages against one who has, without right, 
 converted to his own use goods or personal 
 chattels in which the plaintiff has a general 
 or special property. 
 
 The action was originally an action of 
 trespass on the case where goods were 
 
TRUCE 
 
 1028 
 
 TRUST 
 
 found by the defendant and retained against 
 the plamtiflf's rightful claim. The manner 
 of gaining possession soon came to be dis- 
 regarded, as the substantial part of the ac- 
 tion is the conversion to the defendant's 
 use; so that the action lies whether the 
 goods came into the defendant's possession 
 by finding or otherwise, if he fails to deliver 
 them up on the rightful claim of the plain- 
 tiff. It differs from detinue and replevin in 
 this, that it is brought for damages, and not 
 for the specific articles; and from trespass 
 in this, that the injury is not necessarily a 
 forcible one, as trover may be_ brought in 
 any case where trespass for injury to per- 
 sonal property will lie; but the converse is 
 not true. In case possession was gained by 
 a trespass, the plaintiff, by bringing his 
 action in this form, waives his right to dam- 
 ages for the taking, and is confined to the 
 injury resulting froni the conversion. 17 
 Pick. (Mass.) 1; 21 Pick. (Mass.) 559; 17 
 Me. 484; 7 T. B. Mon. (Ky.) 209. 
 
 TRUCE. In International law. An agree- 
 ment between belligerent parties by which 
 they mutually engage to forbear all acts of 
 hostility against each other for some time, 
 the war still continuing. Burlam. Nat. Law, 
 pt. 4, c. 11, ! 1. 
 
 Truces are of several kinds, — general, ex- 
 tending to all the territories and dominions 
 of both parties, and particular, restrained 
 to particular places, as, for example, by sea, 
 and not by land, etc. Burlam. Nat. Law, pt. 
 4, c. 11, § 5. They are also absolute, inde- 
 teftninate, and general; or limited and de- 
 termined to certain things; for example, to 
 bury the dead. Id. See 1 Kent, Comm. 159 ; 
 Halleck, Int. Law, 654; Wheaton, Int. Law, 
 682. 
 
 TRUCE OF GOD (Law Lat. tireuza Dei;. 
 Saxon -trewfl'e or trewa, from German treu; 
 Ft. treve de Dieu). In the middle ages, a 
 limitation of the right of private warfare 
 introduced by the church. This truce pro- 
 vided that hostilities should cease on holi- 
 days, from ■ Thursday evening to Sunday 
 evening of each week, the whole season of 
 Advent and Lent, and the octaves of great 
 festivals. The penalty for breach of the 
 truce was excommunication. The protection 
 of this truce was also extended constantly 
 to certain places, as, churches, convents, 
 hospitals, etc., and certain persons, as, 
 clergymen," peasants in the field, crusaders 
 (Clermont, 1095), and, in general, all de- 
 fenseless persons. It was first introduced 
 into Acquitaine in 1077, and into England 
 under William the Conqueror. Enc. Am. 
 
 TRUCK ACT. St. 1 & 2 Wm. rv. c. 37, 
 passed to abolish what is commonly called 
 the "truck system," under which employers 
 were in the practice of paying the wages 
 of their work people in goods, or of requir- 
 ing them to purchase goods at certain shops. 
 This led to laborers being compelled to take 
 goods of inferior quality at a high price. 
 The act applies to all artificers, workmen, 
 
 and laborers, except those engaged m cer- 
 tain trades, especially iron and metal works, 
 quarries, cloth, silk, and glass manufactor- 
 ies. It does not apply to domestic or agri- 
 cultural servants. Smith, Mast. & S. 166; 
 St. 23 & 24 Vict. c. 151, § 28. Acts similar 
 in purpose have been passed in some of the 
 United States. 
 
 TRUE BILL. In practice. Words indorsed 
 on a bill of indictment when a grand jury, 
 after having heard the witnesses for the 
 government, are of opinion that there 
 is sufficient cause to put the defendant on 
 his trial. Formerly the indorsement was 
 Bilia vera when legal proceedings were in 
 Latin. It is still the practice to write on 
 the back of the bill Ignoramus. When the 
 jury do not find it to be a true bill, the 
 better opinion is that the omission of the 
 words "a true bill" does not vitiate an 
 indictment. 11 Cush. (Mass.) 473; 13 N. 
 H. 488. See 5 Me. 432, and Bennett's note. 
 
 TRUE, PUBLIC, and NOTORIOUS. These 
 three qualities used to be formally predi- 
 cated in the libel in the ecclesiastical courts 
 of the charges which it contained, at the 
 end of- each article severally. 
 
 TRUST. A right of property, real or per- 
 sonal, held by one party for the benefit of 
 another. ,, , „^ ^ „ 
 
 The party holding is called the "trustee, 
 and the party for whose benefit the right 
 is held is called the cestui que trust, or, 
 using a better term, the "beneficiary." 
 
 Sometimes the equitable title of the bene- 
 ficiary, sometimes the obligation of the 
 trustee, and, again, the right held, is called 
 the "trust." But the right of the bene- 
 ficiary is in the trust, the obligation of the 
 trustee results from the trust, and the 
 right held is the subject matter .of the 
 trust. Neither of them is the trust itself. 
 All together they constitute the trust. 
 
 An equitable right, title, or interest in 
 property, real or personal, distinct from its 
 legal ownership. 
 
 A personal obligation for paying, deliver- 
 ing, or performing anything where the per- 
 son trusting has no real right or security, 
 for by that act he confides altogether to 
 the faithfulness of those intrusted. 
 
 An obligation upon a person, arising out 
 of a confidence reposed in him, to apply 
 property faithfully and according to such 
 confidence. Willis, Trust, 1; 4 Kent, 
 Comm. 295; 2 Fonbl. Eq. 1; 1 Saunders, 
 Uses, 6; Cooper, Eq. PI. Introd. 27; 3 Bl. 
 Comm. 431. 
 
 The Roman fidei commissa were, under 
 the name of "uses," first introduced by the 
 clergy into England in the reign of Richard 
 II. or Edward III., and, while perseveringly 
 prohibited by the clergy, and wholly dis- 
 countenanced by the courts of common law, 
 they grew into public favor, and gradually 
 developed into something like a regular 
 branch of law, as the court of chancery 
 rose into importance and power. For a 
 long time the beneficiary, or cestui que 
 
TRUST 
 
 1029 
 
 TRUSTEE IN BANKRUPTCY 
 
 tnat, xraa wltliont adequate protection; but 
 the statute of nses, passed in 27 Henry 
 VIII., gave adequate protection to the in- 
 terests of the cestui que trust. Prior to 
 this statute, the terms "use" and "trust" 
 were used, if not indiscriminately, at least 
 witiiout accurate distinction between them. 
 The distinction, so far as there was one, 
 was between passive uses, where the feoffee 
 had no active duties imposed on him, and 
 active trusts, where the feoflfee had some- 
 thing to do in connection with the estate. 
 The statute of uses sought to unite the 
 seisin with the use, making no distinction 
 between uses and trusts, the result being 
 that, by a strict construction, both uses 
 and trusts were finally taken out of its 
 intended operation, and were both included 
 under the term "trust." The statute was 
 passed in 1638; but trusts did not become 
 settled on their present basis till Lord 
 Nottingham's time, in 1676. 2 Washb. Real 
 Prop. Index, "Trust;" 1 Greenl. Cruise, 
 Dig. 888. 
 
 (1) Trusts are either active, being those 
 in which the trustee has some duty to per- 
 form, or passive (sometimes called "dry"), 
 which require the performance of no duty 
 by the trustee, but by force of which the 
 legal title merely rests in the trustee. 
 
 (2) Trusts are either executed or execu- 
 tory, executed trusts being those fully de- 
 clared by the person creating it, so that 
 nothing need be done to make it complete, 
 while an executory trust is one requiring 
 some further act to complete the intention 
 of the creator, as a conveyance to B. in 
 trust to convey to C. 
 
 (3) Trusts are either for value or volun- 
 ■ tary, accordingly as they are or are not 
 
 based on a valuable consideration. 
 
 (4) Trusts are public or private, accord- 
 in^y as their object is for the general pub- 
 lic good, or for the benefit of certain indi- 
 viduals. 
 
 (5) Trusts are, as to the manner of their 
 creation, either express or implied. 
 
 Express trusts are those which are cre- 
 ated in express terms in the deed, writing, 
 or will. The terms to create an express 
 trust will be sufficient if it can be fairly 
 collected upon the face of the instrument 
 that a trust was intended. Express trusts 
 are usually found in preliminary sealed 
 agreements, such as marriage articles, or 
 articles for the purchase of land ; in formal 
 conveyances, such, as marriage settlements, 
 terms for years, mortgages, assignments 
 for the payment of debts, raising portions, 
 or other purposes; and in wills and testa- 
 ments, when the bequests involve fiduciary 
 interests for private benefit or public char- 
 ity. They may be created even by parol. 
 6 Watts & S. (Pa.) 97. 
 
 Implied trusts are those which, without 
 being expressed, are deducible from the 
 nature of the transaction as matters of 
 intent, or which are superinduced upon the 
 transaction by operation of law, as matters 
 of equity, independently of the particular 
 
 intention of the parties. The term Is used 
 in this general sense, including construc- 
 tive and resulting trusts, and also in a more 
 restricted sense, Excluding those classes. 
 
 TRUST DEED. A form of mortgage in 
 use in Missouri and some other states, and 
 in the_ District of Columbia. A deed is 
 made in trust with a power of sale, and 
 the power is exercised for the mortgagee's 
 benefit. Similar deeds are frequently made 
 by railroad companies or other corpora- 
 tions to secure bond issues where of neces- 
 sity the creditors secured are very nu- 
 merous. 
 
 TRUSTEE. A person in whom some es- 
 tate, interest, or power in or affecting prop- 
 erty of any description is vested for the 
 benefit of another. 
 
 One to whom property has been conveyed 
 to be held or managed for another. 
 
 In Scotch Law. He who creates a 
 
 trust. 
 
 TRUSTEE ACTS. Sts. 13 & 14 Vict. c. 
 60, and 15 & 16 Vict. c. 55, passed to enable 
 the court of chancery (now the high court 
 of justice, on petition presented in the 
 chancery division) to appoint new trustees 
 of a settlement, will, or other instrument 
 creating a trust, whenever a trustee's death, 
 lunacy, absence or refusal to act, or other 
 reason, makes it necessary to apply to the 
 court. In other words, when the power 
 of appointing new trustees contained in 
 the instrument, or provided by statute, can- 
 not be exercised. They also empower the 
 court, where property is held upon trust 
 or mortgage by a lunatic or person of un- 
 sound mind, or out of the jurisdiction of 
 the court, to transfer it by a vesting order 
 (q. V.) to some other person, or to make 
 an order appointing some person to execute 
 a deed in the place of a trustee or mort- 
 gagee, so as to give it the same effect as 
 if the trustee or mortgagee had executed 
 it. Lewin, Trusts; Shelf. R. P. St. 647: 
 Daniell, Ch. Prac. 1798; Pope, Lun. 263. 
 See "Petition." . 
 
 TRUSTEE DE SON TORT. Sometimes 
 called constructive trustee. One who with- 
 out authority undertakes to execute a trust, 
 or assumes the management of trust prop- 
 erty, or otherwise intermeddling with the 
 trust affairs. Such persons are subject to 
 the same rules and the same liability as 
 other trustees. 182 111. 96. 
 
 TRUSTEE EX MALEFICIO. One who, by 
 reason of his own wrong or fraud in ac- 
 quiring property, is regarded as holding it 
 as a trustee for the purpose of rectifying 
 the wrong. 
 
 TRUSTEE IN BANKRUPTCY. A trustee 
 in bankruptcy is a person in whom the 
 property of a bankrupt is vested In trust 
 for the creditors, not for the bankrupt. 10 
 Ch. Div. 388, 434. His duty is to discover, 
 realize, and distribute it among the credi- 
 
TRUSTEE PROCESS 
 
 1030 
 
 TURNKEY 
 
 tors, and for that purpose to examine the 
 bankrupt's property, accounts, etc., to in- 
 vestigate proofs made by creditors, and to 
 admit, reject, expunge, or reduce them, ac- 
 cording to circumstances. He also has to 
 keep various accounts of his dealings with 
 the property, and of the course of the bank- 
 ruptcy, which are audited by the committee 
 of inspection and the comptroller in bank- 
 ruptcy. Robson, 488. 
 
 TRUSTEE PROCESS. In practice. A 
 means of reaching goods, property, and 
 creditors of a debtor in the hands of third 
 persons, for the benefit of an attaching 
 creditor. 
 
 It is a process^ so called, in the New Eng- 
 land states, and similar to the garnishee 
 process of others. It is a process given by 
 statute 15 of the statutes of Massachusetts. 
 All goods, effects, and credits so intrusted 
 or deposited in the hands of others that 
 the same cannot be attached by ordinary 
 process of law may by an original writ of 
 process, the form of which is given by the 
 statute, be attached in whose hands <)r pos- 
 session soever they may be found, and they 
 shall, from the service of the writ, stand 
 bound and be held to satisfy such judgment 
 as the plaintiff may recover against the 
 principal defendant. Gushing, Trustee 
 Process 2. 
 
 The trustees, on suing out and service of 
 the process, according to statute, and its 
 entry in court, may come into court and 
 be examined on oath as to property of the 
 principal in their hands. If the plaintiff 
 recovers against the principal, and there 
 are any trustees who have not discharged 
 themselves under oath, he shall have execu- 
 tion against them. Gushing, Trustee Proc- 
 ess, 4; 2 Kent, Gomm. (8th Ed.) 497, note. 
 
 TRUSTEE RELIEF ACTS. In England, 
 if a person has in his hands a sum of money 
 subject to a trust, and he does not know 
 who is beneficially entitled to it, he may, 
 instead of incurring the responsibility of 
 paying it to the wrong person, or of insti- 
 tuting an action for the execution of the 
 trust, pay it into court under the trustee 
 relief acts (10 & 11 Vict. c. 96, and 12 & 
 13 Vict. c. 74). 
 
 TRUSTOR. A word occasionally, though 
 rarely, used as a designation of the creator, 
 donor, or founder of a trust. 
 
 TRY. To examine by judicial modes In 
 order to determine. 
 
 TUAS RES TIBI HABETO (Lat.) Have or 
 take your things to yourself. The form of 
 words by which, according to the old Roman 
 law, a man divorced his wife. Dig. 24. 2. 
 21. Otherwise expressed, "Tuas res tihi 
 agito." 
 
 TUB MAN. In English law. A barrister 
 who has a preaudience in the exchequer, 
 and also one who has a particular place in 
 court, is so called. 
 
 TUCHAS. In Spanish law. Objections or 
 exceptions to witnesses. White, New Recop. 
 bk. 3, tit. 7, c. 10. 
 
 TUERTO. In Spanish law. Tort. Las 
 Partidas, pt. 7, tit. 6, lib. 5. 
 
 TUICION. Law Fr. (from Lat. Initio). 
 Protection. 
 
 TUITISCUS. (I/. Lat.) In old European 
 law. Of the people, or native population; 
 the language of a country. Tuitiseh; in 
 the vernacular. Spelman. 
 
 TUMBREL. An instrument of punish- 
 ment made use of by the Saxons, chiefly 
 for the correction of scolding women by 
 ducking them in water, consisting of a 
 stool or chair fixed to the end of a long 
 pole. 
 
 TUMULTUOUS PETITIONING. By St. 13 
 Car. II. St. 1, c. 6, signing of more than 
 twenty names to any petition to the crown 
 or either house of parliament for the altera- 
 tion of matters established by law in church 
 or state, unless the contents thereof had 
 been approved by three justices, or the 
 majority of the grand jury at assizes or 
 quarter sessions, or the delivery of a peti- 
 tion by more than ten persons. 4 Steph. 
 Gomm. 255. 
 
 TUN. A measure of wine or' oil, contain- 
 ing four hogsheads. 
 
 TUNGREVE (Saxon tungaraeva, i._ e., 
 vUlae praepositus) . A reeve or bailiff. 
 Spelman; Gowell. 
 
 One who in estates, which we call "'man- 
 ors," sustains the character of master, and 
 in his stead disposes and arranges every- ■ 
 thing. Qui in villis (quae dieimus maneriis) 
 domini personam sustinet, ejusque vice omr- 
 nia disponit atque moderatur. 
 
 TURBA (Lat.) In the civil law. A multi- 
 tude; a crowd or mob; a tumultuous assem- 
 bly of persons. Said to consist of ten or 
 fifteen at the least. Dig. 47. 8. 4. 2. 3.; 
 Galv. Lex. 
 
 TURBARY. In English law. A right to 
 dig turf; an easement. 
 
 TURN, or TOURN. The great court leet 
 of the county, as the old county court was 
 the court baron. Of this the sheriff is 
 judge, and the court is incident to his 
 office; wherefore it is called the "sheriff's 
 tourn," and it had its name originally from 
 the sheriff making a turn or circuit about 
 his shire, and holding this court in each 
 respective hundred. 2 Hawk. P. C. c. 10. 
 
 TURNKEY. A person under the superin- 
 tendence of a jailer, whose employment is 
 to open and fasten the prison doors, and to 
 prevent the prisoners from escaping. 
 
 It is his duty to use due diligence; and 
 he may be punished for gross neglect or 
 willful misconduct in permitting prisoners 
 to escape. 
 
TURNPIKE 
 
 1031 
 
 TUTOR PROPRIUS 
 
 TURNPIKE. A gate set across a road, to 
 stop travelers and carriages until toll' is 
 paid for passage thereon. In the United 
 States, turnpike roads are often called 
 "turnpikes," just as mail coach, hackney- 
 coach, stage coach, are shortened to mail, 
 hack, and stage. Enc. Am. 
 
 TURNPIKE ROAD. A road or highway 
 over which the public have the right to 
 travel upon payment of toll, and on which 
 the parties entitled to such toll have the 
 right to erect gates and bars to insure its 
 payment. 6 Mees. & W. 428; 1 Ry. Cas. 
 665; 22 Eng. Law & Eq. 113; 16 Pick. 
 (Mass.) 175; 8 Barb. (N. Y.) 492. 
 
 TURPIS CAUSA (Lat.) A base or vile 
 consideration, forbidden by law, which 
 makes the contract void; as, a contract the 
 consideration of which is the future illegal 
 cohabitation of the obligee with the obligor. 
 
 TURPIS EST PARS QUAE NON CONVE- 
 nit cum sue toto. That part is bad which ac- 
 cords not with its whole. Plowd. 161. 
 
 TURPITUDE (Lat. turpitudo, from tur- 
 'pis, base). Everything done contrary to 
 justice, honesty, modesty, or good morals 
 is said to be done with turpitude. 
 
 TURPITUDO (Lat.) Turpitude. 
 
 TURRIS. (Lat.) In old English law. A 
 tower; the tower; the Tower of London. 
 Fleta, lib. 6, c. 11, §§ 6, 7. 
 
 TUT (L. Fr.) All; a corruption of tout. 
 
 TUTA EST CUSTODIA QUAE SIBIMET 
 creditur. That guardianship is secure which 
 trusts to itself alone. Hob. 340. 
 
 TUTELA (Lat.) A power given by the 
 civil law over a free person to defend him, 
 when, by reason of his age, he is unable to 
 defend himself. Women, by the civil law, 
 could only be tutors of their own children. 
 A child under the power of his father was 
 not subject to tutelage, because not a free 
 person, caput liberum. D. lib. 26, tit. 1, ff. 
 de tutelis; Inst. lib. 1, tit. 13, de tutelis; 
 Inst. lib. 3, tit. 28, de obligationibus quae ex 
 qiMsi cont. nascunter. Nov. 72, 94. 155. 118. 
 
 Tutela legitima was where the tutor was 
 appointed by the magistrate. Leg. 1, D. fp. 
 de leg. tut. 
 
 Tutela testamentaria was where the tutor 
 was appointed by will. D. lib. 26, tit. 2, fr, 
 de testament, tut; C. lib. 5, tit. 28, de testa- 
 ment, tut.; Inst. lib. 1, tit. 14, qm testa- 
 mento tutores dari possunt. 
 
 TUTELA LEGITIMA (Lat.) In the civil 
 law. Legal tutelage; tutelage created by 
 act of law, as where none had been created 
 by testament, Inst. 1. 15. pr. 
 
 TUTELA TESTAMENTARIA (Lat.) In 
 the civil law. Testamentary tutelage or 
 guardianship; that kind of tutelage which 
 was created by will. Calv. JiSX. 
 
 TUTELAE ACTIO (Lat.) In the civil law. 
 An action of tutelage; an action which lay 
 for a ward or pupil, on the termination of 
 tutelage, against the tutor or guardian, to 
 compel an account. Calv. Lex. 
 
 TUTELAGE. Guardianship; state of be- 
 ing under a guardian. 
 
 TUTELAM REDDERE (Lat.) In the civil 
 law. To render an account of tutelage. 
 Calv. Lex. Tutelam, reposcere, to demand 
 an account of tutelage. 
 
 TUTEUR OFFICIEUX. In French law, a 
 person over fifty years of age may be ap- 
 pointed a tutor of this sort to a child over 
 fifteen years of age, with the consent of 
 the parents of such child, or (in their de- 
 fault) the conseil de famille. The duties 
 which such a tutor becomes subject to are 
 analogous to those in English law of a 
 person who puts himself in loco parentis 
 to any one. Brown. See "In Loco Parentis." 
 
 TUTEUR SUBROGE. In French law, In 
 the case of an infant under guardianship, 
 a second guardian is appointed to him, the 
 duties of the latter (who is called the "sub- 
 roge tuteur") only arising where the in- 
 terests of the infant and his principal 
 guardian are in conflict. Code Nap. 420; 
 Brown. 
 
 TUTIUS ERRATUR EX PARTE MITIORI. 
 It is safer to err on the side of mercy. 3 
 Inst. 220. 
 
 TUTIUS SEMPER EST ERRARE AC- 
 quietando, quam In puniendo; ex parte mlse- 
 ricordia quam ex parte justltia. It is always 
 safer to err in acquitting than punishing; 
 on the side of mercy than on the side of 
 justice. Branch, Princ; 2 Hale, P. C. 290. 
 
 TUTOR. In civil laV. One who has been 
 lawfully appointed to the care of the person 
 and property of a minor. 
 
 By the laws of Louisiana, minors under 
 the age of fourteen years, if males, and 
 under the age of twelve years, if females, 
 are, both as to their persons and their 
 estates, placed under the authority of a 
 tutor. Civ. Code La. art. 263. Above that 
 ago, and until their majority or emancipa- 
 tion, they are placed under the authority 
 of a curator. Id. 
 
 TUTOR ALIENUS (Lat.) In English law. 
 The name given to a stranger who enters 
 into the lands of an infant within the age 
 of fourteen and takes the profits. 
 
 He may be called to an account by the 
 infant, and be charged as guardian in so- 
 cage. Litt. § 124; Co. Litt. 89b, 90a; Harg. 
 Law Tr. note 1. 
 
 TUTOR PROPRIUS (Lat.) The name 
 given to one who is rightly a guardian in 
 socage, in contradistinction to a tutor 
 alienus. 
 
TUTORSHIP 
 
 1032 
 
 TYLWITH 
 
 TUTORSHIP. The power which an indi- 
 vidual, em juris, has to take care of the 
 person of one who is unable to take care of 
 himself. Tutorship differs from curator- 
 ship. 
 
 TUTRIX (Lat.) A woman who is appoint- 
 ed to the ofSce of a tutor. 
 
 TUZ (L. F.) All; a corruption of touts. 
 
 TWA NIGHT GE8T (Sax.) On the sec- 
 ond night, a guest. Spelman. See "Guest" 
 
 TWELFHINDI. The highest rank of men 
 in the Saxon government, who were valued 
 at 1,200s. If any injury were done to such 
 persons, satisfaction was to be made ac- 
 cording to their worth. Cowell. 
 
 TWELVE-DAY WRIT. A writ issued un- 
 der St. 18 & 19 Vict. e. 67, for summary 
 procedure on bills of exchange and promis- 
 soiy notes, abolished by rule of court in 
 1880. Wharton. 
 
 TWELVEMONTH. In the singular, in- 
 cludes the whole year, but in the plural 
 twelve months of twenty-eight days each. 
 6 Coke, 62; 2 Bl. Comm. 140, note. 
 
 TWELVE TABLES. Laws of ancient 
 Rome, composed in part from those of Solon 
 and other Greek legislators, and in part 
 from the unvsritten laws and customs of 
 the Romans. 
 
 These laws first appeared in the year of 
 Rome 303, inscribed on ten plates of brass. 
 The following year two others were added. 
 
 and the entire code bore the name of file 
 "Laws of the Twelve Tables." The princi- 
 ples they contained were the germ of all 
 the Roman law, the original source of the 
 jurisprudence of the greatest part of 
 Europe. 
 
 See a fragment of the Law of the Twelve 
 Tables in Cooper, Just. 656; Gibb. Hist. 
 Rom. Emp. c. 44; Code, § 27, 
 
 TWICE IN JEOPARDY. See "Jeopardy." 
 
 TWYHIND1. The lower order of Saxons, 
 valued at 200s. in the scale of pecuniary 
 mulcts inflicted for crimes. Cowell. 
 
 TYBURN TICKET. In English law. A 
 certificate given to the prosecutor of a felon 
 to conviction. 
 
 By 10 & 11 Wm. III. c. 23, the original 
 proprietor or first assignee of such certifi- 
 cate is exempted from all and all manner 
 of parish and ward ofiices within the parish 
 or ward where the felony shall have been 
 committed. Bac. Abr. "Constable" (C). 
 
 TYHTLAN (Saxon). In Saxon law. An 
 accusation, impeachment, or charge of any 
 offense. Nex componat aliquis _ pro ulla 
 tyhtlan, si non intersit testimonium prae- 
 positi regis, nor shall any one compound 
 for any accusation, unless there be present 
 evidence on behalf of the king. LL. Ethelr. 
 c. 2; Cowell. 
 
 TYLWITH (Brit, from tyle, the site of a 
 house, or tylath, a beam in a building). A 
 tribe or family branching or issuing out of 
 another. Cowell, 
 
U. E. 
 
 1033 
 
 UBI NULLA EST CONJECTUEA 
 
 u 
 
 U. R. Ut rogas, as you desire. In Roman 
 law, a vote in favor of a proposed law or a 
 candidate. See "Rogare." 
 
 UBERRIMA FIDES (Lat. most perfect 
 good faith). A phrase used to express the 
 perfect good faith, concealing nothing, with 
 which a contract must be made; for ex- 
 ample, in the case of insurance, the insured 
 must observe the most perfect good faith 
 towards the insurer. 1 Story, Eq. Jur. 
 § 817; 3 Kent, Comm. (4th Ed.) 283. 
 
 UBI ALIQUID CONCEDITUR, CONCEDI- 
 tur et Id sine quo res Ipsa esse non potest. 
 When anything is granted, that also is 
 granted without which the thing granted 
 cannot exist., Broom, Leg. Max. (3d Lon- 
 don Ed.) 429; 13 Mees. & W. 706. 
 
 UBI ALIQUID IMPEDITUR PROPTER 
 unum, eo remoto, tollitur Impedlmentum. 
 When anything is impeded by one single 
 cause, if that be removed, the impediment 
 is removed. 5 Coke, 77a. 
 
 UBI CESSAT REMEDIUM ORDINARIUM 
 ibi decurrltur ad extraordlnarlum. When a 
 common remedy ceases to be of service, re- 
 course must be had to an extraordinary one. 
 4 Coke, 93. 
 
 UBI CULPA EST, IBI POENA 8UBESSE 
 debet. Where the crime is committed, there 
 the punishment should be inflicted. Jenk. 
 Cent. Cas. 326. 
 
 UBI DAMNA DANTUR, VICTUS VICTO- 
 ri in expensis condemnari debet. Where 
 damages are given, the losing party should 
 be adjudged to pay the costs of the victor. 
 2 Inst. 289; 3 Bl. Comm. 399. 
 
 UBI EADEM RATIO, IB! IDEM JUS. 
 Where there is the same reason, there is 
 the same law. 7 Coke, 18 ; Broom, Leg. Max. 
 (3d London Ed.) 145. 
 
 UBI ET DANTIS ET ACCIPIENTIS TUR- 
 pitudo versatur, non posse repeti diclmus; 
 quotiens autem accipientis turpitudo versa- 
 tur, repeti posse. Where there Is turpitude 
 on the part of both giver and receiver, we 
 say it cannot be recovered back, but as 
 often as the turpitude is on the side of the 
 receiver alone, it can be recovered back. 17 
 'Mass. 562. 
 
 UBI FACTUM NULLUM, IBI PORTIA 
 nulla. Where there is no act, there can be 
 no force. 4 Coke, 43. 
 
 UBI JUS, IBI REMEDIUM. Where there 
 is a right, there is a remedy. 1 Term R. 
 512; Co. Litt. 197b; 3 Bouv. Inst, note 
 2411; 4 Bouv. Inst. 8726. 
 
 UBI JUS INCERTUM, IBI JUS NULLUM. 
 Where the law is uncertain, there is no law. 
 
 UBI LEX ALIQUEM COGIT OSTENDERE 
 causam, neoesee est quod causa sit Justa et 
 legltlma. Where the law compels a man to 
 show cause, it is necessary that the cause 
 be just and legal. 2 Inst. 269. 
 
 UBI LEX EST 8PECIALIS, ET RATIO 
 ejus generalis, generaliter acclpienda est. 
 Where the law is special, and the reason of 
 it is general, it ought to be taken as being 
 general. 2 Inst. 43. 
 
 UBI LEX NON DISTINGUIT, NEC NOS 
 
 distlnguere debemus. Where the law does 
 not distinguish, we ought not to distinguish. 
 7 Coke, 5. 
 
 UBI MAJOR PARS EST, IBI TOTUM. 
 
 Where is the greater part, there is the 
 whole. F. Moore, 578. 
 
 UBI MATRIMONIUM, IBI DOS. Where 
 there is marriage, there is dower. Brac- 
 ton, 92. 
 
 UBI NON ADE8T NORMA LEGIS, OM- 
 nia quasi pro suspectis habenda sunt. When 
 the law fails to serve as a rule, almost 
 everything ought to be suspected. Bac. Aph. 
 25. 
 
 UBI NON EST ANNUA RENOVATIO, IBI 
 declmae nondebent solvl. Where there is 
 no annual renovation, there tithes ought 
 not to be paid. 
 
 UBI NON EST CONDENDI AUCTORI- 
 tas, ibi non est parendi necessitas. Where 
 there is no authority to establish, there is 
 no necessity to obey. Dav. 69. 
 
 UBI NON EST DIRECTA LEX, STAND- 
 um est arbitrio judicis, vel procedendum ad 
 simllia. Where there is no direct law, the 
 judgment of the judge must be depended 
 upon, or reference made to similar cases. 
 
 UBI NON EST LEX, IBI NON EST 
 transgressio quoad mundum. Where there is 
 no law, there is no transgression, as it re- 
 gards the world. 4 Coke, lb. 
 
 UBI NON EST MANIFESTA INJUSTI- 
 tia, judices habentur pro bonis viris, et Ju- 
 dicatum pro veritate. Where there is no 
 manifest injustice, the judges are to be re- 
 garded as honest men, and their judgment 
 as truth. 1 Johns. Cas. (N. Y.) 341, 345. 
 
 UBI NON EST PRINCIPALIS, NON Po- 
 test esse acoessorius. Where there is no 
 principal, there can be no accessory. 4 
 Coke, 43. 
 
 UBI NULLA EST CONJECTURA QUAE 
 ducat alio, verba intelligenda sunt ex pro- 
 prietate non grammatica sed popularl ex 
 usu. Where there is no inference which 
 
UBI NULLUM MATRIMONIUM 
 
 1034 
 
 ULTRA VIRES 
 
 would lead in any other direction, words 
 are to be understood according to their 
 proper meaning, nongrammatical, but ac- 
 cording to popular usage. Grotius de Jure 
 Belli, lib. 2, c. 16, § 2. 
 
 UBI NULLUM MATRIMONIUM, IBI NUL- 
 lum dos. Where th«re Is no marriage there 
 is no dower. Co. Litt. 32a. 
 
 UBI PERICULUM, IBI ET LUCRUM COL- 
 locatur. He at whose risk a thing is, should 
 receive the profits arising from it. 
 
 UBI PUGNANTIA INTER SE IN TESTA- 
 mento juberentur, neutrum ratum est. 'V^hen 
 two directions conflicting with each other 
 are given in a will, neither is held valid. 
 Dig. 50. 17. 188, pr. 
 
 UBI QUID GENERALITER CONCEDI- 
 tur, in est haec exceptio, si non aliquid sit 
 contra jus fasque. Where a thing is con- 
 ceded generally, this exception arises, that 
 there shall be nothing contrary to law and 
 right. 10 Coke, 78. 
 
 UBI QUIS DELINQUIT IBI PUNIETUR. 
 
 Let a man be punished where he commits 
 the offense. 6 Coke, 47. 
 
 UBI REVERA (Lat.) Where in reality; 
 where in truth, or in point of fact. Cro. 
 Eliz. 645; Cro. Jac. 4. 
 
 UBI. VERBA CONJUNCTA NON SUNT, 
 sufficjt alteratum esse factum. Where words 
 are used disjunctively, it is sufficient that 
 either one of the things enumerated be per- 
 formed. Dig. 50. 17. 110. 3. 
 
 UBICUNQUE EST INJURIA, IBI DAM- 
 num sequltur. Wherever there is a wrong, 
 there damage follows. 10 Coke, 116. 
 
 UBICUNQUE FUERIMUS IN ANGLIA 
 (Law Lat. Wheresoever we shall be in 
 England). The style of the return of writs 
 in the court of king's or queen's bench; it 
 being in theory a movable court, attendant 
 upon the sovereign's person. 3 Bl. Comm. 
 41, 284. See Fleta, lib. 2, c. 2, § 5; Id. lib. 
 2, c. 64, § 19. 
 
 UDAL. A term mentioned by Blackstone, 
 as used in Finland to denote that kind of 
 right in real property which is called in 
 English law "allodial." 2 Bl. Comm. 45, 
 note (f). The term is used in Orkney and 
 Zetland. 1 Forbes, Inst. pt. 3, pp. 6, 82. 
 
 UKAAS, or UKASE. The name of a law 
 or ordinance emanating from the czar of 
 Russia. 
 
 ULLAGE. In commercial law. The amount 
 wanting when a cask, on being gauged, is 
 found only partly full. 
 
 ULNA FERREA. The standard ell of 
 iron, which was kept in the exchequer for 
 the rule of measure. Mon. Angl. ii. 383. 
 
 ULNAGE. Alnage; a duty for measuring 
 cloth. 
 
 ULTERIUS CONCILIUM. (L. Lat.) Ftir- 
 ther argument. A common term in the old- 
 er reports. 1 Burr. 1020; 2 Wils. 243. 
 
 ULTIMA RATIO. The last resort. 
 
 ULTIMA VOLUNTAS (Lat.) In old Eng- 
 lish law. Last will; the last will. In testa- 
 mento suo, in ultima voluntate sua, in his 
 testament, in his last will. Reg. Grig. 244b. 
 
 ULTIMA VOLUNTAS TESTATORIS EST 
 perimplenda secundum veram intentlonem 
 suam. The last will of a testator is to be 
 fulfilled according to his true intention. 
 Co. Litt. 322; Broom, Leg. Max. (3d Lon- 
 don Ed.) 505. 
 
 ULTIMATE FACTS. The main or pri- 
 mary facts in an issue. The logical results 
 of the proofs. 175 111. 482. The facts 
 which prove the ultimate facts are evi- 
 dentiary facts or probative facts. The 
 ultimate facts are to be pleaded, while the 
 others are not, being "evidence." 
 
 ULTIMATUM (Lat.) The last proposition 
 made in making a contract, a treaty, and 
 the like; as, the government of the United 
 States has given its ultimatum, — has made 
 the last proposition it will make to com- 
 plete the proposed treaty. The word also 
 means the result of a negotiation, and it 
 comprises the final determination of the 
 parties concerned in the object in dispute. 
 
 ULTIMUM SUPPLICIUM (Lat.) The last 
 or extreme punishment; the penalty of 
 death. 
 
 ULTIMUM SUPPLICIUM ESSE MOR- 
 tem solam interpretamur. The extremest 
 punishment we consider to be death alone. 
 Dig. 48. 19. 21. 
 
 ULTIMUM TEMPUS PARIENDI (Lat.) 
 The extreme period of bearing; the extreme 
 period between the conception and the birth 
 of a child. 2 Steph. Comm. 317. 
 
 ULTIMUS HAERES (Lat.) The last or re- 
 mote heir; the lord. So called in contra- 
 distinction to the haeres proximus and the 
 haeres remotior. Dalr. Feud. Prop. 110. 
 
 ULTRA. In Latin phrases. Beyond; out- 
 side of. 
 
 ULTRA MARE (Lat. beyond sea). One of 
 the old essoins or excuses for not appear- 
 ing in court at the return of process. Brac- 
 ton, fol. 388. 
 
 ULTRA POSSE NON POTEST ESSE, ET 
 vice versa. What is beyond possibility can- 
 not exist, and the reverse, what cannot 
 exist is not possible. Wingate, Max. 100. 
 
 ULTRA REPRISES. After deductions. 
 
 ULTRA VIRES (Lat.) The modem tech- 
 nical designation, in the law of corpora- 
 tions, of acts beyond the scope of their 
 powers, as defined by their charters or acts 
 
ULTRONEUS WITNESS 
 
 1035 
 
 UNCIA 
 
 of incorporation; as distinguished from 
 acts which are authorized. 
 
 It was early contended that a corpora- 
 tion could not exceed its powers; that the 
 acts of its agents beyond the charter pow- 
 ers of the corporation were not the acts of 
 the corporation; but it is now well settled 
 that "corporations, like natural persons, 
 have power and capacity to do wrong. They 
 may, in their dealings and contracts, break 
 over the liability imposed upon them by 
 their charters, and when they do so, their 
 exemption from liability cannot be claimed 
 on the mere ground that they have no at- 
 tributes or faculties which render it pos- 
 sible for them to thus act." 119 Ind. 324. 
 The act need not necessarily be expressly 
 prohibited by the charter or by statute. 
 Nor need it be in any sense immoral or 
 injurious to others. It may be an act 
 which could be lawfully done by a natural 
 personl It may be even praiseworthy, as 
 in the case of a gift by a corporation for 
 charitable or religious purpose. Yet, if it 
 is not authorized by the charter of the 
 corporation, or is not an implied or inci- 
 dental power, it is ultra vires. 3 Fletcher 
 Cyclopedia Corporations, 2571. 
 
 There is much conflict in the cases as to 
 the validity of an ultra vires contract. In 
 some states, it is held that, if the corpora- 
 tion had no authority to make the contract, 
 it is void, but if it was within the general 
 scope of the corporate power, and the want 
 of power in that case was because of par- 
 ticular facts, it is valid (43 Wis. 420; 8 
 Ohio 257) ; while in several states it is 
 held that "the plea of ultra vires should 
 not prevail, whether it is imposed for or 
 against the corporation, when it would not 
 advance justice, but, on the contrary, would 
 accomplish a legal wrong (63 N. Y. 62; 
 151 111. 531). 
 
 ULTRONEUS WITNESS. In Scotch law. 
 A witness who offers his testimony without 
 being regularly cited. The objection only 
 goes to his credibility, and may be removed 
 by a citation at any time before the vntness 
 is sworn. See Bell, Diet, "Evidence." 
 
 UMBILICUS. (Lat.) Literally, the na- 
 vel; the center of any thing. The name 
 given to the fourth and middle part of the 
 Digests, consisting of eight books, from 
 the twentieth to the twenty-seventh, both 
 inclusive. 
 
 UMPIRAGE. The decision of an um- 
 pire. This word is used for the judgment 
 of an umpire, as the word "award" is em- 
 ployed to designate that of arbitrators. 
 
 UMPIRE. A person selected by arbitrators 
 who cannot agree as to the subject matter 
 referred to them for the purpose of deciding 
 the matter in dispute. 
 
 His province is to determine the issue 
 submitted to the arbitrators on which they 
 have failed to agree and to make an award 
 thereon, which is his sole award. Neither 
 
 of the original arbitrators is required to 
 join in the award in order to make it valid 
 and binding on the parties. In the absence 
 of any agreement or assent by the parties 
 to the controversy, dispensing with a full 
 hearing by the umpire, it is his duty to 
 hear the whole case, and to make a dis- 
 tinct award thereon as the result of his 
 judgment. He stands, in fact, in the same 
 situation as a sole arbitrator, and he is 
 bound to hear and determine the case in 
 like manner as if it had been originally 
 submitted to his determination. 75 111. 30. 
 
 Sometimes the term is applied to a single 
 arbitrator selected by the parties them- 
 selves. Kyd, Awards, 6, 75, 77; Caldwell, 
 Abr. 38; Dane, Abr. Index; 3 Viner, Abr. 
 93; Comyn, Dig. "Arbitrament" (F) ; 4 Dall. 
 (U. S.) 271, 432; 4 Scott, N. S. 378; Bouv. 
 Inst. Index. 
 
 UN NE DOIT PRISE ADVANTAGE DE 
 
 son tort demesne. One ought not to take ad- 
 vantage of his own wrong. 2 And. 38. 40. 
 
 UNA CUM OMNIBUS ALUS (Lat. to- 
 gether with all other things). A phrase in 
 old conveyancing. Hob. 175, 
 
 UNA PERSONA VIX POTEST SUP- 
 plere vices duarum. One person can scarcely 
 supply the place of two. 4 Coke, 118. 
 
 UNA VOCE (Lat.) With one voice; unan- 
 imously, 
 
 UNALIENABLE. In capable of being sold. 
 Things which are not incommerce, as public 
 roads, are in their nature unalienable. 
 Some things are unalienable in consequence 
 of particular provisions in the law forbid- 
 ding, their sale or transfer; as, pensions 
 granted by the government. The natural 
 rights of life and liberty are unalienable. 
 
 UNANIMITY (Lat. unus, one, animus, 
 mind). The agreement of all the persons 
 concerned in a thing, in design and opinion. 
 
 Generally, a simple majority of any num- 
 ber of persons is sufficient to do such acts 
 as the whole number can do, — for example, 
 a majority of the legislature can pass a 
 law; but there are some cases in which 
 unanimity is required, — for example, a 
 traverse jury composed of twelve individu- 
 als cannot decide an issue submitted to 
 them unless they are unanimous, 
 
 UNAVOIDABLE ACCIDENT. An unavoid- 
 able accident is necessarily one occurring 
 not because of negligence. 243 111. 460. 
 
 UNCEASESATH, An oath by. relations 
 not to avenge a relation's death. Blount, 
 
 UNCERTAINTY, Vagueness or obscurity 
 of language in written instruments, 
 
 UNCIA. The twelfth part of the Roman 
 as. Dess. Diet, du Dig. "As." The as was 
 used to express an integral sum; hence 
 uncia for one-twelfth of anything, commonly 
 
UNCIA TERRAE 
 
 1036 
 
 UNDERTAKING 
 
 one-twelfth of a pound, i. e., an ounce. Id.; 
 2 BL Comm. 462, note (m). 
 
 UNCIA TERRAE (Lat.) This phrase often 
 occurs in charters of the British kings, and 
 denotes some quantity of land. It was 
 twelve modii, each modius possibly one hun- 
 dred feet square. Mon. Angl. torn. 3, pp. 
 198, 205. 
 
 UNCIARIUS HAERES. In the Roman 
 law, an heir to one-twelfth of an estate or 
 inheritance. Calv. Lex. 
 
 UNCLAIMED DIVIDENDS. In English 
 bankruptcy practice, dividends remaining 
 unclaimed for five years are forfeited to the 
 government (Bankruptcy Act 1869, § 116), 
 but may, upon satisfactory proof of right 
 thereto, be paid over to the creditors en- 
 titled (38 & 39 Vict. c. 77, § 32). And in 
 chancery, the lord chancellor may, under 
 St. 16 & 17 Vict. c. 98, § 3, order dividends 
 unclaimed for fifteen years to be carried to 
 "the suitors' unclaimed dividend account;" 
 and these, under 32 & 33 Vict. _c. 91, are 
 transferred to the public on their indemnity. 
 Dividends not being claimed for ten years 
 on stock in the Bank of England, the stock 
 is forthwith transferred to the government 
 on the like indemnity. Brown. 
 
 UNCONSCIONABLE BARGAIN. A con- 
 tract which no man in his senses, not under 
 delusion, would make, on the one hand, and 
 which no fair and honest man would accept, 
 on the other. 4 Bouv. Inst, note 8848. 
 
 UNCONSTITUTIONAL. That which is 
 contrary to the constitution. 
 
 UNCORE PRIST (Law Fr. still ready). In 
 pleading. A plea or replication that the 
 party pleading is still ready to do what is 
 required. Used in connection with the 
 words tout temps prist, the whole denotes 
 that the party always has been and still is 
 ready to do what is required, thus saving 
 costs where the whole cause is admitted, or 
 preventing delay where it is a replication, if 
 the allegation is made out. 3 Bl. Comm. 303. 
 
 UNCUTH. In Saxon law. Unknown; a 
 stranger. A person entertained in the house 
 of another was, on the first night of his en- 
 tertainment, so called. Bracton, fol. 124b. 
 
 UNDE COGNATI (Lat) In the civil law. 
 A species of the honorum possessio granted 
 to cognates, or relations on the part of the 
 mother. Inst. 3. 10. 1. 2; Dig. 38. 8; Heinec. 
 Elem. Jur. Civ. lib. 3, tit. 10, § 724; Hali- 
 fax, Anal. bk. 2, c. 11, No. 5. 
 
 UNDE LEGITIMI (Lat.) In the civil law. 
 A species of the bonorum possessio granted 
 to agnates, or the lawful heirs. Inst. 8. 10. 
 1. 2; Dig. 38. 7; Heinec. Elem. Jur. Civ. lib. 
 8, tit. 10, § 723; Halifax, Anal. bk. 2, c 11, 
 No. 5. 
 
 UNDE LIBERI (Lat.) In the civil law. 
 A species of the honorum, possessio granted 
 
 to emancipated children, or the proper heirs 
 of the deceased. Heinec. Elem. Jur. Oiv. 
 lib. 3, tit. 10, § 722; Halifax, Anal. bk. 2, c. 
 11, No. 5; Inst. 3. 10. 1. 2; Dig. 38. 6. 
 
 UNDE NIHIL HABET. See "Dower." 
 
 UNDE VI (Lat. wherefrom by force). In 
 the civil law. The technical name of that 
 species of interdict which was granted to 
 recover the possession of an immovable 
 thing wherefrom a person had been ejected 
 by force. Inst. 4. 15. 6; Heinec. Elem. Jur. 
 Civ. lib. 4, tit. 15, § 1303; 1 Mackeld. Civ. 
 Law, 250, § 253. 
 
 UNDE VIR ET UXOR (Lat.) In the 
 civil law. A species of the bonorum posses- 
 sio granted to a husband or wife, and by 
 which they succeeded each other, on failure 
 of the cognati. Inst. 3. 10. 1. 2; Dig. 38. 11; 
 Heinec. Elem. Jur. Civ. lib. 3, tit. 10, § 725; 
 Halifax, Anal. bk. 2, c 11, No. 5. 
 
 UNDEFENDED. In pleading. Without 
 defense or denial. Where judgment passes 
 by default against a defendant, the lan- 
 guage in which the default is recorded is 
 that the defendant "says nothing in bar or 
 preclusion of the action, whereby the plain- 
 tiff remains therein undefended against the 
 said defendant." Archb. Forms, 336. 
 
 UNDER-CHAMBERLAINS OF THE Ex- 
 chequer. Two officers who cleaved the tal- 
 lies written by the clerk of the tallies, and 
 read the same, that the clerk of the pell and 
 comptrollers thereof might see their entries 
 were true. They also made searches for 
 records in the treasury, and had the cus- 
 tody of Domesday Book. Abolished. 
 
 UNDER LEASE. An alienation by a ten- 
 ant of a part of his lease, reserving to him- 
 self a reversion. It differs from an "assign- 
 ment," which is a transfer of all the tenant's 
 interest in the lease. 3 Wils. 234; W. Bl. 
 766. And even a conveyance of the whole 
 estate by the lessee, reserving to himself the 
 rent, with a power of re-entry for nonpay- 
 ment, was held to be not an assignment, but 
 an under lease. Strange, 405. In Ohio it 
 has been decided that the transfer of a 
 part only of the lands, though for the whole 
 term, is an under lease. 2 Ohio, 216. In 
 Kentucky, such a transfer, on the contrary, 
 is considered as an assignment. 4 Bibb 
 (Ky.) 538. See "Lease." 
 
 UNDER SHERIFF. In English law. A 
 person appointed by the sheriff of a county 
 to perform all his ordinary duties in his be- 
 half. Sometimes confounded with a deputy 
 sheriff, but the latter term is properly ap- 
 plicable to those whom the sheiriff appoints 
 to execute process in his behalf, and who 
 have no other powers than such as apper- 
 tain to that particular duty. 1 Bl. Comm. 
 345, note. 
 
 UNDERTAKING. In the primary sense 
 of the word, an undertaking is a promise. 
 
UNDER TENANT 
 
 1037 
 
 UNIFORMITY OF PROCESS 
 
 In the old books, "undortakei'" means a 
 promisor. 1 Salk. 27. 
 
 "Undertaking" is frequently used in the 
 special sense of a promise given in the 
 course of legal proceedings by a party or 
 his counsel, generally as a condition to ob- 
 taining some concession from the court or 
 the opposite party. 
 
 UNDER TENANT. One who holds by vir- 
 tue of an underlease. 
 
 UNDER TUTOR. In Louisiana. In every 
 tutorship there shall be an under tutor, 
 whom it shall be the duty of the judge to 
 appoint at the time letters of tutorship are 
 certified for the tutor. 
 
 It is the duty of the under tutor to act for 
 the minor whenever the interest of the minor 
 is in opposition to the interest of the tutor. 
 Civ. Code La. arts. 300, 301; 1 Mart. (La.; 
 N. S.) 462; 9 Mart. (La.) 643; 11 La. 189; 
 Poth. des Personnes, partie prem. tit. 6, § 5, 
 art. 2. See "Procurator;" "Protutor." 
 
 UNDERTOOK. Assumed; promised. This 
 is a technical word, which ought to be in- 
 serted in every declaration of assumpsit 
 charging that the defendant undertook to 
 perform the promise which is the founda- 
 tion of the suit; and this, though the prom- 
 ' ise be founded on a legal liability, or would 
 be implied in evidence. Bac. Abr. "Assump- 
 sit" (F) ; 1 Chit. PI. 88, note (p). 
 
 UNDERWRITER. In insurance. The party 
 who agrees to insure another on life or prop- 
 erty, in a policy of insurance. He is also 
 called the "insurer." 
 
 UNDERWRITING. As applied to corpor- 
 ate stock, an underwriting agreement is an 
 agreement made before such stock is offered 
 to the public whereby the signer, or "under- 
 writer'' agrees for a certain compensation 
 to take a stipulated number of shares of 
 stock, or a portion thereof, if the public 
 does not subscribe for or take all of such 
 stock. The same definition applies to the 
 underwriting of corporate bonds, and it is 
 an agreement by the subscribers, based on 
 a consideration, to insure the sale of the 
 bonds subscribed at a stipulated price, and, 
 if they are not sold to others, that the sub- 
 scribers will purchase and pay for them at 
 the price fixed therein. It has been held 
 that an underwriting in this sense is a pur- 
 chase together vrith a guaranty of a sale 
 of the bonds. Fletcher Cyclopedia Corpora- 
 tions 950. 
 
 UNDIQUE. (Lat) On all sides; from ev- 
 ery quarter. 1 Curtis R. 350. 
 
 UNDIVIDED. Held by the same title by 
 two or more persons, whether their rights 
 are equal as to value or quantity, or un- 
 equal. , 
 
 Tenants iij common, joint tenants, ana 
 partners hold an undivided right In their re- 
 spective properties until mrtttion has oeea 
 made. TTie rights of each owner of an un- 
 
 divided thing extend over the whole aiid 
 every part oi it, totum m toto, et totum m 
 ^ualibet parte. See "Per My et Per Tout." 
 
 UNDRE8 (Saxon). In old English law. 
 Minors or persons under age. 
 
 UNDUE INFLUENCE. Any improper con- 
 straint, machination or urgency of persua- 
 sion whereby the will of a person is over- 
 powered, and he is induced to act other- 
 wise than he would have done. It has been 
 said to imply more subtle influence than 
 "duress" (see Story, Eq. Jur. § 239), but 
 has been held to include threats and vio< 
 lence, in which use it is S3monymous with 
 "duress" (33 N. J. Eq. 494). As used in 
 respect to wills, it includes duress. 
 
 UNEQUIVOCALLY. Without doubt; with- 
 out room to doubt. 83 111. 89; 2 111. App. 
 51. 
 
 UNFAIR COMPETITION. Unfair compe- 
 tition consists in conducting a trade or busi- 
 ness in such a manner that there is an ex- 
 press or implied representation that the 
 goods or business of one man are the goods 
 or business of another. 167 Iowa 202. 
 
 UNO. Law Fr. One; an old form of un. 
 Eelham. 
 
 UNGELD. In Saxon law. An outlaw; a 
 person whose murder required no composi- 
 tion to be made, or weregeld to be paid, by 
 his slayer. 
 
 UNIARE. (L. Lat.) To unite; to make 
 one; to join in a body. 
 
 UNICA TAXATIO (Lat.) In praoUce. The 
 ancient language of a special award of 
 verdre, where of several defendants one 
 pleads, and one lets judgment go by default, 
 whereby the jury who are to try and assess 
 damages on the issue are also to assess dam- 
 ages against the defendant suffering judg- 
 ment by default. Lee. 
 
 UNIFORM. Conforming to one rule, 
 mode, or unvarying standard; agreeing with 
 each other; substantially one and the same; 
 not different at different times or places; 
 applicable to all places or divisions of a 
 country. A law is uniform when all per- 
 sons brought within the relation and cir- 
 cumstances provided for are affected alike; 
 when it has uniform operation upon all 
 within the class upon which it purports to 
 operate. 266 111. 887. 
 
 UNIFORMITY, ACT OF. St. 13 & 14 Car. 
 II. c 4, which regulates the terms of mem- 
 bership in the Church of England and the 
 colleges of Oxford and Cambridge. See St. 
 9 & 10 Vict. c. 59. The act of uniformity 
 has been amended by St. 36 & 36 Vict. c. 35, 
 which inter alia provides a shortened form 
 of morning and evening prayer. Wharton. 
 
 UNIFORMITY OF PROCESS. In EInglisli 
 law. An act providing for uniformity of 
 
UNIFORMITY OP TAXATION 
 
 1038 
 
 UNIUS OMNINO TESTIS 
 
 process in personal actions in his majesty's 
 courts of law at Westminster. 2 Wm. IV. 
 c, 39 (23d May, 1832) ; 3 Chit. St. 494. 
 
 UNIFORMITY OF TAXATION. Equality 
 in the burden of taxation, 373 111. 247 ; taxa- 
 tion which acts alike on all persons simi- 
 larly situated. 139 Wis. 544, 557: 121 N. 
 W. 347. See "Uniform," 
 
 UNILATERAL CONTRACT. A contract 
 lacking in mutuality of obligation. 
 
 In the Civil Law. When the party to 
 
 whom an engagement is made makes no ex- 
 press agreement on his part, the contract is 
 called "unilateral," even in cases where the 
 law attaches certain obligations to his ac- 
 ceptance. / Civ. Code La. art. 1758; Code 
 Nap. 1103. A loan of money and a loan for 
 use are of this kind. Poth. Obi. pt. 1, c. 1, 
 § 1, art. 2; Lee. Elm. § 781. 
 
 UNINTELLIGIBLE. That which cannot 
 be understood. 
 
 When a law, a contract, or will is unin- 
 telligible, it has no effect whatever. 
 
 UNIO (Lat.) In canon law. A consolida- 
 tion of two churches into one. Cowell. 
 
 UNIO PRO LIUM (Lat. union of offspring). 
 A species of adoption used among the Ger- 
 mans, which takes place when a widower 
 having children marries a widow who also 
 has children. These parents then agree that 
 the children of both marriages shall have 
 the rights to their succession, as those which 
 may be the fruits of their marriage. Lee. 
 Elm. § 187. 
 
 UNION. 
 
 In the English Poor Law. Two, or 
 
 more parishes which have been consolidated 
 for the better administration of the poor 
 law therein. 
 
 In Ecclesiastical Law. Two or more 
 
 benefices which have been united into one 
 benefice. Such a union may be made under 
 St. 1 & 2 Vict. c. 106, passed "to abridge the 
 holding of benefices in plurality," and 
 amended by St. 13 & 14 Vict. c. 98; and 
 under St. 23 & 24 Vict. c. 142, passed "to 
 make better provision for the union of con- 
 tiguous benefices in cities, towns and 
 boroughs" (in substitution for St. 18 & 19 
 Vict. c. 127), amended by St. 34 & 35 Vict. 
 c. 90. 
 
 UNITAS PERSONARUM. The unity of 
 persons, as that between husband and wife, 
 or ancestor and heir. 
 
 UNITED STATES COURT COIVIIVIISSION- 
 ers. Officers, more properly "Commission- 
 ers of the Circuit Courts of the United 
 States," authorized by Rev. St. U. S. § 627, 
 to be appointed by the circuit court in each 
 district to exercise such powers as may 
 be expressly conferred on them by statute. 
 They have the powers of committing magis- 
 trates in respect to federal offenses (Rev. 
 St. § 1014), and other quasi judicial powers. 
 
 UNITY, In the law of estates. The agree- 
 ment or coincidence of certain qualities in 
 the title of a joint estate or an estate in 
 common. It is the peculiar characteristic 
 of an estate in joint tenancy and is four- 
 fold, unity of interest, unity of title, unity of 
 time, and unity of possession. In other 
 words, joint tenants have one and the same 
 interest accruing by one and the same con- 
 veyance, commencing at one and the same 
 time, and held by one and the same undivid- 
 ed possession. 2 Bl. Comm. 180. 
 
 UNITY OF INTEREST. One of the prop- 
 erties of a joint estate; all the joint tenants 
 being entitled to one period of duration or 
 quantity of interest in the lands. 2 Bl. 
 Comm. 181. 
 
 UNITY OF POSSESSION. This term is 
 used to designate the possession by one per- 
 son of several estates or rights. For ex- 
 ample, a right to an estate to which an ease- 
 ment is attached, or the dominant estate, 
 and to an estate which an easement incum- 
 bers, or the servient estate may become the 
 property of one person, in which case the 
 easement is extinguished. 3 Mason (U. S.) 
 172; Poph. 166; Latch, 153. And see Cro. 
 Jac. 121. But a distinction has been made 
 between a thing that has being by prescrip- 
 tion, and one that has its being ex jure tm- 
 turae. In the former case, unity of posses- 
 sion will extinguish the easement; in the 
 latter, — ^for example, the case of a water- 
 course, — ^the unity will not extinguish it. 
 Poth. Contr. 166. 
 
 By the Civil Code of Louisiana (article 
 801), every servitude is extinguished when 
 the estate to which it is due and the estate 
 owing it are united in the same hands. But 
 it is necessary that the whole of the two es- 
 tates should belong to the same proprietor; 
 for if the owner of one estate only acquires 
 the other in part or in common with an- 
 other person, confusion does not take effect. 
 See "Merger." 
 
 UNITY OF SEISIN. The condition which 
 exists where a person seised of land which 
 is subject to an easement, profit a prendre, 
 or similar right, also becomes seised of the 
 land to which the easement or other right is 
 annexed. The term is usually applied to 
 cases where the seisin is that of a tenant in 
 fee simple, and is equally high or predurable 
 in both pieces of land, so that the easement 
 or other right is extinguished by the unity 
 of seisin. 
 
 UNITY OF TIME. One of the essential 
 properties of a joint estate; the estates of 
 the tenants being vested at one and the same 
 period. 2 Bl. Comm. 181. 
 
 UNITY OF TITLE. One of the essentials 
 of a joint estate; the estate of all the ten- 
 ants being created by one and the same act. 
 
 UNIUS OMNINO TESTIS RESPONSIO 
 non audlatur. Let not the evidence of one 
 
UNIUSCUJUSQUE CONTRACTUS 10S9 
 
 UNLAWFULLY 
 
 witness be heard at all. Code, 4. 20. 9; 3 
 BI. Comm. 370. 
 
 UNIUSCUJUSQUE CONTRACTUS INITI- 
 
 um spectandum est, et causa. The beginning 
 and cause of every contract must be con- 
 sidered. Dig. 17. 1. 8; Story, Bailm. § 56. 
 
 UNIVERSAL AGENT. One who is ap- 
 pointed to do all the acts which the princi- 
 pal can personally do, and which he may 
 lawfully delegate the power to another to 
 do. Such an agency may potentially exist, 
 but it must be of the rarest occurrence. 
 Story, Ag. 18. 
 
 UNIVERSAL LEGACY, In civil law. A 
 testamentary disposition by which the tes- 
 tator gives to one or several persons the 
 whole of the property which he leaves at his 
 decease. Civ. Code La. art. 1599 ; Civ. Code 
 art. 1003; Poth. Donations Testamentaires, 
 c. 2, sec. 1, § 1. 
 
 UNIVERSAL PARTNERSHIP. The name 
 of a species of partnership by which all the 
 partners agree to put in common all their 
 property, universorum bonorum, not only 
 what they then have, but also what they 
 shall acquire. Poth. du Contr. de Societe, 
 note 29. 
 
 UNIVERSAL REPRESENTATION. In 
 Scotch law. The heir universally represents 
 his ancestor, i. e., is responsible for his 
 debts. Originally, this responsibility extend- 
 ed only to the amount of the property to 
 which he succeeded; but afterwards certain 
 acts on part of the heir were held sufficient 
 to make him liable for all the debts of the 
 ancestor. Bell, Diet. "Passive Titles." 
 
 UNIVERSALIA SUNT NOTIORA SINGU- 
 laribus. Things universal are better known 
 than things particular. 2 RoUe, 294; 2 C. 
 Rob. Adm. 294. 
 
 UNIVERSATIS (Lat.) In the civil law. A 
 corporation aggregate. Dig. 3. 4. 7. Liter- 
 ally, a whole formed out of many individu- 
 als. 1 Bl. Comm. 469. 
 
 UNIVERSITAS FACT I (Lat.) In the civil 
 law. A plurality of corporeal things of the 
 same kind, which are regarded as a whole; 
 e. g., a herd of cattle, a stock of goods. 1 
 Mackeld. Civ. Law, 154, § 149; Inst. 2. 20. 
 18. 
 
 UNIVERSITAS JURIS (Lat.) In civil law. 
 A quantity of things of various kinds, cor- 
 poreal and incorporeal, taken together as a 
 whole, e. g., an estate. It is used in contra- 
 distinction to universitas facti, which is a 
 whole made up of corporeal units. Mackeld. 
 Civ. Law, § 149. 
 
 UNIVERSITAS RERUM (Lat.) In civil 
 law. Several things not niechanically unit- 
 ed, but which, taken together, in some legal 
 respects are regarded as one whole. Mack- 
 eld. Civ. Law, i 149. 
 
 UNIVERSITAS VEL CORPORATIO NON 
 dicitur aliquid facere nisi Id sit collegiallter 
 deiiberatum, etiamsl major pars id faclat. 
 A university or corporation is not said to 
 do ansrthing unless it be deliberated upon 
 collegiately, although the majority should do 
 it. Dav. 48. 
 
 UNIVERSITY. The name given to certain 
 societies or corporations which are semina- 
 ries of learning where youth are sent to 
 finish their education. Among the civilians, 
 by this term is understood a corporation. 
 
 UNIVERSITY COURT. See "Chancellors' 
 Courts in the Two Universities." 
 
 UNIVERSUS (Lat.) The whole; all to- 
 gether. Calv. Lex. 
 
 In Old English Law. The whole; all 
 
 Universitatem vestram scire volumtls, we 
 will that all of you know. Cart. Conf. 49 
 Hen. III. 
 
 UNJUST. That which is done against the 
 perfect rights of another; that which is 
 against the established law; that which is 
 opposed to a law which is the test of right 
 and wrong. 1 Toullier, Dr. Civ. tit. prel. 
 note 5; Aust. Jur. 276, note; Lee. Elm. 
 § 1080. 
 
 UNKOUTH. Unknown. The law French 
 form of the Saxon "uncouth," or "uncuth." 
 Britt. c. 12. 
 
 UNLAGE (Saxon, from un, without, and 
 lag, law). An unjust law. LL. Hen. I. c. 
 34, 84; Cowell. 
 
 UNLARICH. In old Scotch law. That 
 which is done without law or against law. 
 Spelman. 
 
 UNLAW. In Scotch law. A witness was 
 formerly inadmissible who was not worth 
 the king's unlaw, i. e., the sum of £10 Scots, 
 then the common fine for absence from court 
 and for small delinquencies. Bell, Diet. 
 
 UNLAWFUL. That to which the law Is 
 opposed. It is not strictly synonymous with 
 "illegal," though so used quite often. "Il- 
 legal" means positively forbidden, while 
 "unlawful" may include things which are 
 immoral, or against public policy. Sweet. 
 
 UNLAWFUL ASSEMBLY. In criminal 
 law. A disturbance of the public peace by 
 three or more persons who meet together 
 with an intent mutually to assist each other 
 in the execution of some unlawful enter- 
 prise of a private nature, with force and 
 violence. If they move forward towards its 
 execution, it is then a rout; and if they ac- 
 tually execute their design, it amounts to 
 a riot. 4 Bl. Comm. 140; 1 Russ. Crimes, 
 254; Hawk. P. C. c. 65, § 9; Comyn, Dig. 
 "Forcible Entry" (D 10); Viner, Abr. 
 "Riots, etc." (A). 
 
 UNLAWFULLY. In pleading. This word 
 is frequently used in indictments in the de- 
 
UNLIQUIDATED DAMAGES 
 
 1040 
 
 UNUMQUODQUE LIGAMEN 
 
 soription of the oflPense. It Is neoeasary 
 when the crime did not exist at common 
 law, and when a statute, in describing an of- 
 fense which it creates, uses the word (1 
 Moody, Cr. Gas. 889) ; but it is unnecessary 
 whenever the crime existed at common law 
 and is manifestly illegal (1 Chit. Grim Law, 
 *241: Hawk, bk, 2, c. 25, 8 96; 2 Rolle, Abr. 
 82; Bac. Abr. "Indictment" (G 1) ; 1 111. 
 199; 2 111. 120. 
 
 UNLIQUIDATED DAMAGES. Such dam- 
 ages as are unascertained; as those arising 
 out of torts, as well as those following 
 breaches of contract, where the amount of 
 damages has not, by agreement, been de- 
 termined. 95 111. App. 101; 176 111. App. 
 528; 208 111. App. 187. In general, such 
 damages cannot be set off. No interest will 
 be allowed on unliquidated damages. 1 
 Bouv. Inst, note 1108. 
 
 UNLIQUIDATED DEBT. A debt which 
 one of the parties cannot alone render cer- 
 tain. 69 111. 623; 48 111. 409. 
 
 UNLIQUIDATED DEMAND. When any 
 part of a demand is, in good faith, disputed, 
 it is unliquidated. A demand is not liquidat- 
 ed, even if it appears that something is due, 
 unless it appears how much is due, and 
 when it is admitted that one of two specific 
 sums is due, but there is a genuine dispute 
 as to which is the proper amount, the de- 
 mand is regarded as unliquidated, within 
 the meaning of that term as applied to the 
 subject of accord and satisfaction. 97 111. 
 App. 455; 188 111. 183; 161 111. 345; 138 
 N. y. 231. 
 
 UNMARRIED. Generally signifies never 
 having been married, but sometimes used in 
 the sense of not having a husband or wife 
 living. 187 111. 315. The word is of flexible 
 meaning to be construed with reference to 
 the context. 170 111. 312. 
 
 UNNATURAL OFFENSE. Sodomy or 
 buggery. 
 
 UNO AB8URD0 DATO, INFINITA SE- 
 quuntur. One absurdity being allowed, an 
 infinity follow. 1 Goke, 102. 
 
 UNO ACTU (Lat.) In a single act; by one 
 and the same act. 
 
 UNO FLATU (Lat.) In one breath. 3 Man. 
 & G. 45. Utu) fiatu, et uno intuitu, at one 
 breath, and in one view. 3 Story (U. S.) 
 504. 
 
 UNOCCUPIED. Unoccupied means no one 
 has the actual use or possession. 153 111. 
 App. 33. 
 
 Unoccupied and vacant are words of the 
 same import. 87 Mich. 188; 49 N. W. 480. 
 
 UNGUES (Law Fr.) Still; yet. This bar- 
 barous word is frequently used in pleas, as 
 ne rmquea executor, ne imques guardian; ne 
 unques accouple; and the like. 
 
 UNQUE8 PRIST (Law Fr.) Always reaSr- 
 The same as "wnowt ptiaiJ' 
 
 UNSEATED LAND. Wild or unoccupied 
 land. See "Seated Lands." ' 
 
 UN8EAW0RTHY. See "Seaworthiness." 
 
 UNSOLEMN WAR. That war which Is not 
 carried on by the highest power in the 
 states between which it exists, and which 
 lacks the formality of a declaration. Gro- 
 tius de Jure Belli, et Pac. lib. 1, c. 3, § 4. 
 A formal declaration to enemy is now dis- 
 used, but there must be a formal, public act 
 proceeding from the competent source. With 
 us, it has . been said, it must be an act of 
 congress. 1 Kent, Comm. 55; 1 Hill (N. Y.) 
 409. See "War." 
 
 UNSOUND MIND, or UNSOUND MEM- 
 ory. These words have been adopted in sev- 
 eral statutes, and sometimes indiscriminate- 
 ly used, to signify not only "lunacy," which 
 is periodical madness, but also a permanent 
 adventitious insanity^ as distinguished from 
 idiocy. 1 Ridg. Pari. Gas. 518; 3 Atk. 171. 
 
 The term "unsound mind" seems to have 
 been used in those statutes in the same 
 sense as "insane;" but they have been said 
 to import that the party was in some such 
 sta!te as was contradistinguished from 
 idiocy and from lunacy, and yet such as 
 made him a proper subject of a commission 
 to inquire of idiocy and lunacy. Shelf. Lun. 
 5; Ray, Med. Jur. prel. § 8; 8 Ves. 66; 12 
 Ves. 447; 19 Ves. 286; 1 Beck, Med. Jur. 
 573; Cooper, Ch. Gas. 108; 2 Madd. Chanc. 
 Prac. 731, 732. 
 
 A person of outrageous 
 
 UNTHRIFT. 
 
 prodigality. 
 
 UNTIL. Usually a word of limitation, un- 
 less there are other controlling expressions 
 in the connection, showing that a different 
 meaning is intended. 12 IlL 304., 
 
 When time is given to file a pleading 
 until a day named, "until" is ordinarily 
 exclusive. 126 Iowa 669. 
 
 The word may, either in a contract or a 
 law, have an exclusive or an inclusive mean- 
 ing according to the subject to which it is 
 applied, the nature of the transaction which 
 it specifies, and the connection in which it is 
 used. 12 111. 304; 87 111. 347. 
 
 UNTRUE. A statement is untrue which 
 not express things exactly as they are. 188 
 111. 138. 
 
 UNUMQUODQUE EODEM MODO QUO 
 colligatum est dissolvitur. In the same man- 
 ner in which anything is bound, it is loos- 
 ened. 2 Rolle, 39. 
 
 UNUMQUODQUE EST ID QUOD EST 
 
 prinolpallua In Ipso. That which ia the prin- 
 cipal part of a thing is the thing Itself. 
 Hob. 123. 
 
 UNUMQUODQUE LIGAMEN DISSOLVI- 
 tur eodem ligamine quod ligatur. Every ob- 
 
rNUMQUODQUE PRINCIPORUM 1041 
 
 USE 
 
 ligation is dissolved in the same manner in 
 Which it is contracted. 12 Barb. (N. Y.) 
 366, 375. 
 
 UNUMQUODQUE PRINCIPORUM EST 
 siblmetlpse fides; et persplcua vera non 
 sunt probanda. Every principle Is its own 
 evidence, and plain truths are not to be 
 proved. Co. Litt. 11; Branch, Princ. 
 
 UPLIFTED HAND. When a man accused 
 of a crime is arraigned, he is required to 
 raise his hand, probably in order to identify 
 the person who pleads. Perhaps for the 
 same reason, when a vyitness adopts a par- 
 ticular mode of taking an oath, as, when he 
 does not swear upon the gospel, but upon 
 Almighty God, he is requested to hold up 
 his hand. 
 
 UPPER BENCH. The king's bench was 
 so called during Cromwell's protectorate, 
 when KoUe was chief justice. 3 Bl. Comm. 
 202. 
 
 UPSET PRICE. In sales by auctions, an 
 amount for which property to be sold is 
 put up, so that the first bidder at that price 
 is declared the buyer. Wharton. 
 
 UPSUN. In Scotch law. Between the 
 hours of sunrise and sunset. Poinding 
 must be executed with "upsun" (i. e., while 
 the sun is up). 1 Forbes, Inst. pt. 3, p. 32. 
 
 URBAN. Relating to a city; relating to 
 houses. 
 
 URBAN SERVITUDES. Servitudes at- 
 tached to an urban estate, such as the right 
 of support, of drip, of drain, etc. 3 Kent, 
 Comm. 436. 
 
 URBS (Lat.) In civil law. A walled city. 
 Often used for civitas. Ainsworth. It is 
 the same as oppidum, only larger. Urbs, or 
 urbs aurea, meant Rome. Du Cange. In 
 the case of Rome, urbs included the suburbs. 
 Dig. 50. 16. 2. pr. It is derived from ur- 
 bum, a part of the plough by which the 
 walls of a city are first marked out. Ains- 
 worth. 
 
 URE (Norman-French; from Lat. opera, 
 a work). "Operation" or "effect." To put 
 in ure, therefore, is to put in operation. 
 See St. 13 Eliz. c. 2, § 1. 
 
 USAGE. Long and uniform practice. In 
 its most extensive meaning, this term in- 
 cludes "custom" and "prescription," though 
 it differs from them. In the narrower sense, 
 it is applied to the habits, modes, and course 
 of dealing which are observed in trade gen- 
 erally, as to all mercantile transactions, or 
 to some particular branches of trade. See 
 9 Wend. (N. Y.) 349. 
 
 A usage must be generally known and 
 established, and so well settled and so uni- 
 formly acted upon, as to raise a fair pre- 
 sumption that it was known to both parties, 
 and that they contracted with reference 
 
 to and in conformity with it. 207 111. App. 
 325. 
 
 USANCE. In commercial law. The time 
 which, by usage or custom, is allowed in 
 certain countries for the payment of a bill 
 of exchange. Poth. Contr. du Change, 
 note 15. 
 
 USE. Use Is not the thing itself or any 
 part thereof, but is that which the thing 
 will produce, 163 Mich. 353; that which 
 the user is to enjoy, hold, occupy, and have 
 the fruit thereof. 163 Mich. 556, 562. 
 
 In Lands. A confidence reposed in 
 
 another, who was made tenant of the land, 
 or terre tenant, that he would dispose of 
 the land according to the intention of the 
 cestui que use, or him to whose use it was 
 granted, and suffer him to take the profits. 
 Plowd. 352; Gilb. Uses, 1; Bac. Law Tr. 
 150, 306; Cornish, Uses, 13; 1 Fonbl. Eq. 
 363; 2 Fonbl. Eq. 7; Saunders, Uses, 2; 
 Co. Litt. 272b; 1 Coke, 121; 2 Bl. Comm. 
 328 ; 2 Bouv. Inst, note 1885 et seq. 
 
 A right in one person, called the cestui 
 que use, to take the profits of land which 
 another has the legal title and possession, 
 together with the duty of defending the 
 same, and of making estates thereof accord- 
 ing to the direction of the cestui que itse. 
 
 Uses were derived from the fidei com- 
 missa of the Roman law. It was the duty 
 of a Roman magistrate, the praetor fidei 
 commissarius, whom Bacon terms the par- 
 ticular chancellor for uses, to enforce the 
 observance of this confidence. Inst. 2. 23. 
 2. They were introduced into England by 
 the ecclesiastics in the reign of Edward 
 III., before 1377, for the purpose of avoid- 
 ing the statutes of mortmain,^ and the 
 clerical chancellors of those times held 
 them to the fidei commissa, and binding in 
 conscience. To obviate many inconveni- 
 ences and difficulties which had arisen out 
 of the doctrine and introduction of uses, 
 the statute of 27 Henry VIII. c. 10, com- 
 monly called the "Statute of Uses," or, in 
 conveyances and pleadings, the statute for 
 transferring uses into possession, was 
 passed. It enacts that, "when any person 
 shall be seised of lands, etc., to the use, 
 confidence, or trust of any other person or 
 body politic, the person or corporation en- 
 titled to the use in fee simple, fee tail, for 
 life, or years, or otherwise; shall from 
 thenceforth stand and be seised or pos- 
 sessed of the land, etc., of and in the like 
 estate as they have in the use, trust, or 
 confidence, and that the estates of the per- 
 sons so seised to the uses shall be deemed 
 to be in him or them that have the use, in 
 such quality, manner, form, and condition 
 as they had before in the use." The statute 
 thus executes the use, — ^that is, it conveys 
 the possession to the use, and transfers 
 the use to the possession, and, in this man- 
 ner, making the cestui que use complete 
 owner of the lands and tenements, as well 
 at law as in equity. 2 Bl. Comm. 383; 1 
 Saund. 254, note 6. 
 
USE 
 
 1042 
 
 USES TO BAR DOWER 
 
 A modern use has, therefore, been defined 
 to be an estate of right which is acquired 
 through the operation of the statute of 27 
 Henry VIII. c. 10 ; and which, when it may 
 take effect according to the rules of the 
 common law, is called the "legal estate," 
 and, when it may not, is denominated a 
 "use," with a term descriptive of its modi- 
 fication. Cornish, Uses, 35. 
 
 The common-law judges decided, in the 
 construction of this statute, that a use 
 could notnbe raised upon a use (Dyer, 155 
 [A] ) , and that, on a feoffment to A. and 
 his heirs to the use of B. and his heirs in 
 trust for C. and his heirs, the statute exe- 
 cuted only the first use, and that the sec- 
 ond was a mere nullity. The judges also 
 held that, as the statute mentioned only 
 such persons as were seised to the use of 
 others, it did not extend to a term of years, 
 or other chattel interests, of which a termor 
 is not seised, but only possessed. Bac. Law 
 Tr. 335; Poph. 76; Dyer, 369; 2 Bl. Comm. 
 336. The rig^id literal construction of the 
 statute by the courts of law again opened 
 the doors of the chancery courts. 1 Madd. 
 Chanc. Prac. 448, 450. 
 
 Uses and trusts are often spoken of to- 
 gether by the older and some modern writ- 
 ers; the distinction being those trusts 
 Which were of a permanent nature, and 
 required no active duty of the trustee, be- 
 ing called "uses;" those in which the trus- 
 tee had an active duty to perform, as, the 
 payment of debts, raising portions, and the 
 like, being called "special" or "active" 
 trusts, or simply "trusts." 1 Spence, Eq. 
 Jur. 448. 
 
 _ For the creation of a use, a consideration 
 either valuable, as money, or good, as rela- 
 tionship in certain degrees, was necessary. 
 Crompt. 49b; 3 Swanst. 591; 7 Coke, 40; 
 Plowd. 298; 17 Mass. 257; 4 N. H. 229, 397; 
 14 Johns. (N. Y.) 210. See "Resulting 
 Use." The property must have been in esse, 
 and such that seisin could be given. Crabb, 
 Real Prop. §§ 1610-1612; Cro. Eliz. 401. 
 Uses were alienable, although in many re- 
 spects resembling choses in action, which 
 were not assignable at common law. Cor- 
 nish, Uses, 19; 2 Bl. Comm. 331. When 
 once raised, it might be granted or devised 
 in fee, in tail, for life, or for years. 1 
 Spence, Eq. Jur. 455. 
 
 The effect of the statute of uses was 
 much restricted by the construction adopted 
 by the courts. It practically resulted, it 
 has been said, in the addition of these 
 words, "to the use," to every conveyance, 
 Williams, Real Prop. 133. The intention 
 of the statute was to destroy the estate of 
 the feoffee to use, and to transfer it by 
 the very act which created it to the cestui 
 que use, as if the seisin or estate of the 
 feoffee, together with the use, had, uno fiatu, 
 passed from the feoffer to the cestui que 
 use. A very full and clear account of the 
 history and present condition of the law of 
 uses is given by Professor Washburn (2 
 Real Prop. 91-156), which is of particular I 
 
 valne to the American student. Consult, 
 also, Spence, Eq. Jur.; Cornish, Uses; Bac. 
 Law Tracts; Greenl. Cruise, Dig. 
 
 Classification : 
 
 (1) A springing use is one limited to 
 arise on a future event, where no preced- 
 ing estate is limited, and which does not 
 take effect in derogation of any other in- 
 terest than that of the grantor. 
 
 (2!) A shifting use is one which takes 
 effect in derogation of some other estate, 
 and is either limited by the deed by which 
 it is created, or authorized to be created 
 by some one named in the deed. 
 
 (3) A contingent tise is one limited to 
 take effect as a remainder. 
 
 (4) Resulting use. Where the use re- 
 turns to the person who raised it because 
 of impossibility of execution or by expira- 
 tion, it is sometimes called a "resulting 
 use." 2 Bl. Comm. 335. 
 
 — • — In Civil Law. A right of receiving so 
 so much of the natural profits of a thing 
 as is necessary to daily sustenance. It 
 differs from "usufruct," which is a right not 
 only to use, but to enjoy. 1 Browne, Civ. 
 Law, 184; Lee. Elm. §§ 414, 416. 
 
 USE AND OCCUPATION. The character 
 of the holding of another's land where 
 there is no lease; also the name of an ac- 
 tion of assumpsit by which a recovery is 
 had for use and occupation. 
 
 USEE. A person for whose use a suit is 
 brought. See 24 Miss. 77. 
 
 USER. The actual exercise of a franchise 
 or incorporeal hereditament. User of a 
 corporate franchise is an acceptance there- 
 of; or nonuser may be a cause for dissolu- 
 tion. An easement may be prescribed upon 
 user continued for the required time ad- 
 verse to the owner of the land. Nonuser 
 with intent to abandon extinguishes a pre- 
 scriptive easement. 
 
 USER DE ACTION (Law Fr.) In old prac- 
 tice. The pursuing or bringing an action. 
 Cowell. 
 
 USES TO BAR DOWER. When a convey- 
 ance of land is made in England to a per- 
 son who was married to his present wife • • 
 on or before the first of January, 1834, and 
 he wishes to prevent her right to dower 
 from attaching to the land, it is conveyed 
 to the following uses: (1) To such uses as 
 the purchaser shall appoint; (2) in default 
 of appointment, to the use of him and his 
 assigns during his life; (3) in the event 
 of the determination of that estate, by for- 
 feiture or otherwise, in his lifetime, to the 
 use of a trustee during the life of the pur- 
 chaser, in trust for him; vrith (4) an ulti- 
 mate limitation to his heirs and assigns 
 forever. By this means, the purchaser has 
 a full power of alienation, without having 
 a greater estate in possession than an es- 
 tate for life, to which the wife's dower does 
 not attach, and the intermediate estate of 
 
USHER 
 
 1043 
 
 USURA 
 
 the trustee prevents the remainder in fee 
 simple from vesting in the purchaser in pos- 
 session, and so becoming liable to dower, 
 by any accidental merger of the life estate. 
 See Williams, Real Prop. 305, and Append. 
 (D). See, also, "Dower." 
 
 USHER. This word is said to be derived 
 from huissier, and is the name of an inferior 
 oflBcer in some English courts of law. 
 Archb. Prae. 25. 
 
 USHER OF THE BLACK ROD. The gen- 
 tleman usher of the black rod is an officer 
 of the house of lords appointed by letters 
 patent from the crown. His duties are, 
 by himself or deputy, to desire the attend- 
 ance of the commons in the house of peers 
 when the royal assent is given to bills, 
 either by the queen or king in person or by 
 commission, to execute orders for the com- 
 mitment of persons guilty of breach of 
 privilege, and also to assist in the intro- 
 duction of peers when they take the oaths 
 and their seats. May, Pari. Law ; Brown. 
 
 USO. In Spanish law. Usage; that which 
 arises from certain things which men say 
 and do and practice uninterruptedly for a 
 great length of time, without any hindrance 
 whatever. Las Partidas, pt. 1, tit. 2, lib. 1. 
 
 USQUE (Lat.) Up to; until. 
 
 USQUE AD MEDIUM FILUM VIAE (Lat.) 
 To the middle thread of the way. See "Ad 
 Medium Filum;" 7 Gray (Mass.) 22, 24. 
 
 UST. L. Fr. Had. Vst este; had been. 
 Usses, nssomus; should or would have. 
 Yearb. M. 8 Edw. III. 2. 
 
 USUAL. Common, frequent, ordinary, cus- 
 tomary, general. 71 111. App. 153; 172 111. 
 605; 182 111. 541. 
 
 USUAL COVENANTS. The usual cove- 
 nants expressed in a deed are "seisin" or 
 "right to convey," "quiet enjoyment," "fur- 
 ther assurance," "warranty," and "against 
 incumbrances." Ii) a lease, the covenant of 
 quiet enjoyment is the only one that is 
 always usual, the question being deter- 
 mined by circumstances and the custom of 
 a locality. Rawle, Gov.; Tayl. Landl. & 
 Ten. § 45. 
 
 USUAL TERMS. A phrase in the com- 
 mon-law practice, which meant pleading is- 
 suably, rejoining gratis, and taking short' 
 notice of trial. When a defendant obtained 
 further time to plead, these were the terms 
 usually imposed. 
 
 USUARIUS (Lat.) In the civil law. One 
 who had the mere use of a thing belonging 
 to another for the purpose of supplying his 
 daily wants; a usuary. Dig. 7. 8. 10. pr.; 
 Calv. Lex. 
 
 USUCAPIO CONSTITUTA EST UT ALI- 
 quis lltium finis esset. Prescription was 
 instituted that there might be an end to 
 
 litigation. Dig. 41. 10. 5; Broom, Leg. Max. 
 (3d London Ed.) 801, note; Wood, Civ. Law 
 (3d Ed.) 123. 
 
 USUCAPTION. In civil law. The man- 
 ner of acquiring property in things by the 
 lapse of time required by law. 
 
 It differs from "prescription," which has 
 the same sense, and means, in addition, the 
 manner of acquiring and losing, by the 
 effect of time regulated by law, all sorts of 
 rights and actions. Merlin, Repert. "Pre- 
 scription;" Aylife, Pand. 320; Wood, Inst. 
 165; Lee. Elm. § 437; 1 Browne, Civ. Law, 
 264, note; Vattel, bk. 2, c. 2, § 140. 
 
 USUFRUCT. In civil law. The right of 
 enjoying a thing the property of which is 
 vested in another, and to draw from the 
 same all the profit, utility, and advantage 
 which it may produce, provided it be with- 
 out altering the substance of the thing. 
 
 Perfect usufruct is of things which the 
 usufructuary can enjoy without altering 
 their substance, though their substance may 
 be diminished or deteriorated naturally by 
 time or by the use to which they are ap- 
 plied; as, a house, a piece of land, animals, 
 furniture, and other movable effects. 
 
 Imperfect or quasi usufruct is of things 
 whicii would be useless to the usufructuary 
 if he did not consume and expend them or 
 change the substance of them; as, money, 
 grain, liquors. In this case, the alteration 
 may take place. Civ. Code La. art. 525 et 
 seq.; 1 Browne, Civ. Law, 184; Poth. Tr. 
 du Douaire, note 194; Ayliffe, Pand. 319; 
 Poth. ad Pand. tom. 6, p. 91; Lee. Elm. 
 § 414; Inst. lib. 2, tit. 4; Dig. lib. 7, tit. 1, 
 lib. 1; Code, lib. 3, tit. 33. 
 
 USUFRUCTUARY. In civil law. One who 
 has the right and enjoyment of a usufruct. 
 
 Domat, with his usual clearness, points 
 out the duties of the usufructuary, which 
 are to make an inventory of the things sub- 
 ject to the usufruct, in the presence of 
 those having an interest in them; to give 
 security for their restitution when the usu- 
 fruct shall be at an end; to take good care 
 of the things subject to the usufruct; to 
 pay all taxes_ and claims which arise while 
 the thing is in his possession as a ground 
 rent, and to keep the thing in repair at his 
 own expense. Lois Civ. liv. 1, tit. 11, § 4. 
 See "Estate for Life." 
 
 US U FRUIT. In the French law, the same 
 as the usufruct of the English and Roman 
 law. 
 
 USURA (Lat. from usus, use). In the 
 civil law. Money given for the use of 
 money; interest. Dig. 50. 16. 121. Com- 
 monly used in the plural, usurae. Dig. 22. 1. 
 
 Usura centesima, usurae centesimae or 
 usurae asses, twelve per cent, per annum, 
 or one per cent, monthly. The highest rate 
 of interest allowed before the time of Jus- 
 tinian. 2 Bl. Comm. 462, and note (m); 
 Halifax, Anal. bk. 2, c. 15, No. 6; Calv. 
 Lex. 
 
USURA EST COMMODUM 
 
 1044 
 
 UT CURRERE SOLEBAT 
 
 Uaurae deunaes, eleven per cent. 2 Bl. 
 Comm. ubi supra. 
 
 Uaurae dextances, ten per cent. Id. 
 
 Ueurae dodrantes, nine per cent. Id. 
 
 Uaurae besses, eight per cent. Id. 
 
 Usurae aeptunces, seven per cent. Id. 
 
 Uaurae aemisses, six per cent. Id. 
 
 Uaurae guincunees, five per cent. Id. 
 
 Uaurae guadrantes, four per cent. This 
 was the rate established by Justinian. Id. 
 
 Uaurae trientea, three per cent. Id. 
 
 Uaurae aextancea, two per cent. Id. 
 
 Uaurae unciae, one per cent. Id. 
 
 USURA EST COMMODUM CERTUM 
 quod propter usum^ rei mutuatae recipitur. 
 Sed secundario spirare de aliqua retribu- 
 tione, ad voluntatem ejus qui mutuatus est, 
 hoc non est vitiosum. Usury is a certain 
 benefit which is received for the use of a 
 thing lent. But to have an understanding 
 (literally, to breathe or whisper), in an 
 incidental way, about some compensation to 
 be made at the pleasure of the borrower, is 
 not unlawful. Branch, Princ; 5 Coke, 70b; 
 Glanv. lib. 7, e. 16. 
 
 USURA MARtTIMA. Interest taken on 
 bottomry or respondentia bonds, which is 
 proportioned to the risk, and is not af- 
 fected by the usury laws. 
 
 USURAE or USURA (Lat.) In the civil 
 law. Interest on money. Di. 22. 1. See 
 "Usura." 
 
 USURARE (Law Lat.) In old English 
 law. To pay interest; to carry or be 
 chargeable with interest. Artie. Magna 
 Cart. Johan. c. 34; Pleta, lib. 2, c. 57, § 7. 
 
 USURARIUS (Law Lat.) In old English 
 law. An usurer. Fleta, lib. 2, c. 52, § 14. 
 
 USURPATIO (Lat. from uaurpare). In 
 the civil law. The interruption of a usu- 
 capion by some act on the part of the real 
 owner. Dig. 41. 3. 2; Calv. Lex. 
 
 USURPATION. The unlawful assumption 
 of the use of property which belongs to 
 another; an interruption or the disturbing 
 a man in his right and possession. Tomlins. 
 
 According to Lord Coke, there are two 
 kinds of usurpation, — first, when a strang- 
 er, without right, presents to a church, and 
 his clerk is admitted; and, second, when a 
 subject uses a franchise of the king without 
 lawful authority. Co. Litt. 277b. 
 
 In Governmental Law. The tyrannical 
 
 assumption of the government by force, 
 contrary to and in violation of the consti- 
 tution of the country, 
 
 USURPATION OF ADVOWSON. An In- 
 jury which consists in the absolute ouster 
 or dispossession of the patron from the 
 advowson or right of presentation, and 
 which happens when a stranger who has 
 no right presents a clerk, and the latter js 
 thereupon admitted and instituted. 
 
 usurper; On© who assumes the ri^t 
 of government by force, contrary to and in 
 violation of the constitution of the country. 
 Toullier, Dr. Civ. note 82. 
 
 USURY. An Illegal profit required and re- 
 ceived by a lender of a sum of money from 
 the borrower; something exacted for the 
 use of money in excess of and in addition 
 to the interest allowed by law; a loan or 
 forbearance of money for a greater rate of 
 interest than that allowed by law. 234 
 111. 229. 
 
 Originally, the word was applied to all 
 interest reserved for the use of money, and 
 in the early ages, taking such interest was 
 not allowed. 
 
 USUS (Lat.) In Roman law. A precari- 
 ous enjoyment of land, corresponding with 
 the right of habitatio of houses, and being 
 closely analogous to the tenancy at suffer- 
 ance or at will of English law. The uaua- 
 riua {i, e., tenant by msws) could only hold 
 on so long as the owner found him con- 
 venient, and had to go so soon as ever he 
 was in the owner's way (moleatua). The 
 usuarius could not have a friend to share 
 the produce. It was scarcely permitted to 
 him (Justinian says) to have even his wife 
 with him on the land; and he could not let 
 or sell, the right being strictly personal to 
 himself. Brown. 
 
 USUS BELLICI (Lat.) In international 
 law. Warlike uses or objects. It is the 
 uaua bellici which determine an article to 
 be contraband. 1 Kent, Comm. 141. 
 
 USUS EST DOMINIUM FIDUCIARIUM. A 
 use is a fiduciary ownership. Bac. Uses. 
 
 USUS ET STATUS SIVE POSSESSIO 
 potius differunt secundum rationem fori, 
 quam secundum rationem rei. Use and es- 
 tate, or possession, differ more in the rule 
 of the court than in the rule of the matter. 
 Bac. Uses. 
 
 USUS FRUCTUS. In the civil law. Usu- 
 fruct; the right of using and enjoying the 
 profits of a thing belonging to another, 
 without impairing its substance. 
 
 UT (Lat.) In old English law. That. A 
 particle partici^larly appropriated to ex- 
 press a modus, or qualification, as si was 
 used to express a condition. Bracton, fol. 
 18b. Co. Litt. 204a. This shows that modus 
 and conditio had essentially a different im- 
 port. The use of ut in this peculiar appli- 
 cation was taken from the civil law. 
 
 UT AUDIVI (Lat.) As I heard. Freem. 
 5, 19; Bunb. 165; Dyer, 30b. A reporter's 
 note. 
 
 UT CREDO (Lat.) As I believe. Dyer, 
 76b. A reporter's note. 
 
 UT CURRERE SOLEBAT (Lat.) As it 
 was wont to run; applied to a watercourse. 
 
UT DE FEODO 
 
 1045 
 
 UTYME 
 
 UT DE FEODO (Law Lat) As of fee. 
 
 UT POENA AD PAUCOS, METUS AD 
 omnes preveniat. That punishment may hap- 
 pen to a few; the fear of it affects all. 4 
 Inst. 63. 
 
 UT RES MAGIS VALEAT QUAM PERE- 
 
 at. That the thing may rather have effect 
 than be destroyed. 
 
 If a will is capable of a construction 
 which will support a charitable bequest 
 therein, the court is bound to give it that 
 construction. 46 Wis. 70. 
 
 UT ROGAS. See "Rogare." 
 
 UT SUMMAE POTESTATIS REGIS EST 
 posse quantum velit, sic magnitudinus est 
 velle quantum possit. As the highest power 
 of a king is to be able to do all he wishes, 
 so the highest greatness of him is to wish 
 all he is able to do. 3 Inst. 236. 
 
 UTAS (Law Lat.; Law Pr. utave). In 
 old English practice. Octave; the octave 
 (octava) ; the eighth day following any 
 term or feast; as the Utas of St. Michael, 
 the Utas of St. Hilary. Cowell; Y. B. H. 
 9 Edw. III. 4; Dyer, 78 (Fr. Ed.) 
 
 UTERINE (Lat. uterinus). Born of the 
 same mother (ex eodem utero). A uterine 
 brother or sister is one born of the same 
 mother, but by a different father. 
 
 UTERO GESTATION. Pregnancy. 
 
 UTERQUE (Lat.) Both; each. "The jus- 
 tices, being in doubt as to the meaning of 
 this word in an indictment, demanded the 
 opinions of grammarians, who delivered 
 their opinions that this word doth aptly 
 signify 'one of them'." 1 Leon. 241. 
 
 UTFANGETHEF. Literally, an out-taken 
 thief. The privilege of the lord of a manor 
 to punish a thief dwelling outside his lib- 
 erty for crimes committed therein, 
 
 UTI (Lat.) In the civil law. To use. 
 Strictly, to use for necessary purposes; as 
 distinguished from "frui," to enjoy. Heinec. 
 Elem. Jur. Civ. lib. 2, tit. 4, § 415. 
 
 UTI FRUI (Lat.) In the civil law. To 
 have the full use and enjoyment of a thing, 
 without damage to its substance. Calv. Lex. 
 Hence "usus fructus" (q. v.) 
 
 UTI POSSIDETIS. Lat. as you possess. 
 In international law. A phrase used to 
 signify that the parties to a treaty are to 
 retain possession of what they have acquired 
 by force during the war. 
 
 UTI ROGAS (Lat.) As you ask. In Ro- 
 man law. The form of words by which a 
 vote in favor of a proposed law was orally 
 expressed. The letters U. E. on a ballot, 
 expressed the same sentiment. Adam's 
 Rom. Ant. 98, 100. 
 
 UTILE PER INUTILE NON VITIATUR. 
 
 What is useful is not vitiated by the use- 
 less. 3 Bouv. Inst, notes 2949, 3293; 2 
 Wheat. (U. S.) 221; 2 Serg. & R. (Pa.)| 
 298; 17 Serg. & R. (Pa.) 297; 6 Mass. 303; 
 12 Mass. 438; 9 Ired. (N. C.) 254. See 18 
 Johns. (N. Y.) 93, 94. 
 
 UTILIDAD (Spanish). In Spanish law. 
 The profit of a thing. White, New Recop. 
 bk. 2, tit. 2, c. 1. 
 
 UTILIS (Lat.) In the civil law. Useful; 
 beneficial; equitable; available. Actio utir 
 lis, an equitable action. Calv. Lex. Dies 
 utilis, an available day. 
 
 UTLAGATUS. In old English law. An 
 outlaw. 
 
 UTLAGATUS EST QUASI EXTRA LEG- 
 em positus. Caput gerit lupinum. An outlaw 
 is, as it were, put out of the protection of 
 law. He bears the head of a wolf. 7 Coke, 
 14. 
 
 UTLAGATUS PRO CONTUMACIA ET 
 fuga, non propter hoc convictus est de facto 
 principal!. One who is outlawed for contu- 
 macy and flight is not on that account con- 
 victed of the principal fact. Fleta. 
 
 UTLAGE (Law Fr.) An outlaw. Brltt. c. 
 12. 
 
 UTLEP, or UTLEPE (Saxon). In old Eng- 
 lish law. Escape; the escape of a robber or 
 robbers (escapium latronum). Fleta, lib. 1, 
 c. 47, § 14. 
 
 UTRUBI. In Scotch law. An interdict as 
 to movables, by which the colorable _ pos- 
 session of a bona fide holder is continued 
 until the final settlement _ of a contested 
 right. Corresponding to uti possidetis as to 
 heritable property. Bell, Diet. 
 
 UTTER. To publish; to pass or give cur- 
 rency to. 
 In Criminal Law. The presentation or 
 
 passing as genuine of a forgery or counter- 
 feit. 
 
 To constitute the crime of uttering a 
 forged instrument, the instrument must, 
 with knowledge of its forged character, be 
 asserted to be good, either directly or in- 
 directly, by words or actions. 1 Whart. 
 Crim. Law, § 703; 2 Bin. (Pa.) 332. 
 
 The instrument need not be passed; it is 
 enough if it is presented or offered as gen- 
 uine. 25 Mich. 388; 48 Mo. 520. 
 
 UTTER BAR. See "Outer Bar." 
 
 UTTER (or OUTER) BARRISTER. In 
 
 English law. Those barristers who plead 
 without the bar, and are distinguished from 
 "benchers," or those who have been read- 
 ers, and who are allowed to plead within 
 the bar, as the king's counsel are. The same 
 as "ouster barrister." 
 
 UTYME. (L. Fr.) An eighth. Mem. in 
 Scacc. 25 Edw. I. 
 
UX' 
 
 1046 
 
 UXORCIDE 
 
 UX". An abbreviation of uxor. 1 Instr. 
 Cler. 13. 
 
 UXOR (Lat.) In civil law. A woman law- 
 fully married. 
 
 UXOR ET FILIUS SUNT NOMINA NA- 
 turae. Wife and son are names of nature. 
 4 Brae. Worlcs, 350. 
 
 UXOR NON EST SUI JURIS, SED SUB 
 potestate virl. A wife Is not her own mis- 
 
 tress, but ie under the powwr of her hli6bs.nd. 
 3 Inst. 108. 
 
 UXOR SEQUITUR DOMICILIUM VIRI. A 
 wife follows the domicile of her husband. 
 Tray. Lat. Max. 606. 
 
 UXORCIDE. A wife murderer; the kill- 
 ing of a wife. It is regarded in law and 
 punished as homicide (g. v.) 
 
1047 
 
 VADIUM 
 
 V. A common abbreviation of versus, ia 
 the titles of causes, and reported cases. 
 
 V. F. An abbreviation of verba fecit 
 (spoke). Tayl. Civ. Law, 564. 
 
 V. G. Verbi gratia, for the sake of ex- 
 ample. 
 
 VS. In practice. A very common contrac- 
 tion of versiis (against), used in entitling 
 papers. Britt. c. 123. 
 
 V. V. B. C. An abbreviation of vous voies 
 bein coment, you see well how. Common in 
 the Year Book. See Y. B. M. 2 Hen. VI. 1. 
 
 VACANCY. A place which is empty. As 
 applied to oflBcial position, has reference to 
 an office that is unoccupied, one without an 
 incumbent; an office not filled. 107 Ark. 
 386; 155 S. W. 502; Ann. Cas. 1915 A 573. 
 
 It has been held to include an office newly 
 created, and not yet filled. 108 Mo. 153. 
 As used in statutes, it has been held to in- 
 clude temporary vacancies. 38 Ohio St. 23 ; 
 and sometimes an office temporarily filled 
 when it is evident from the context that 
 such meaning was intended. 107 Ark. 386; 
 155 S. W. 602; Ann. Cas. 1915A 573. 
 
 By the constitution of the United States, 
 the president has the power to fill vacan- 
 cies that may happen during the recess of 
 the senate. Whether the president can cre- 
 ate an office and fill it during the recess of 
 the senate seems to have been much ques- 
 tioned. Story, Const. § 1553. See Sergeant, 
 Const. Law, c. 31; 1 111. 70. 
 
 There has been much discussion whether 
 a failure to elect constitutes a vacancy, the 
 question generally arising where the gov- 
 ernor has power to fill vacancies between the 
 sessions of the legislature, and seeks to ap- 
 point after adjournment of the legislature, 
 without agreeing on a selection. The better 
 reason is to the effect that a vacancy exists, 
 and it has been so held (15 R. I. 621; 91 N. 
 Y. 634) ; but the United States senate, con- 
 struing section 3, art. 1, Const. U. S., pro- 
 viding, "if vacancies [in the senate] happen 
 by resignation or otherwise during the re- 
 cess of the legislature," the governor may 
 appoint, has uniformly held that there was 
 no power of appointment in the governor 
 where the legislature had adjourned after a 
 failure to elect. 
 
 VACANT. Vacant means empty of every- 
 thing but air, wherefore a house full of fur- 
 niture, clothing, etc., left in charge of serv- 
 ants, is not vacant. 153 111. App. 33, i 249a. 
 
 VACANT POSSESSION. A term applied 
 to an estate which has been abandoned by 
 the tenant. The abandonment must be com- 
 plete in order to make the possession vacant, 
 and therefore, if the tenant have goods on 
 
 the premises, it Will not be so considared. 2 
 Chit. 177; 2 Strange, 1064; Buller, N. P. 97; 
 Comyn, Landl. & Ten. 507, 517. 
 
 VACANT SUCCESSION. An inheritance 
 for which the heirs are unknown. 
 
 VACANTIA BONA (Lat.) In civil law. 
 Goods without an owner. Such goods es- 
 cheat. 
 
 VACATE. To annul; to render an act 
 void; as, to vacate an entry which has been 
 made on a record when the court has been 
 imposed upon by fraud, or taken by sur- 
 prise. 
 
 VACATIO (Lat.) In the civil law. Ex- 
 emption; immunity; privilege; dispensa- 
 tion; exemption from the burden of office. 
 Calv. Lex. 
 
 VACATION. That period of time between 
 the end of one term and beg^inning of an- 
 other. During vacation, rules and orders are 
 made in such cases as are urgent, by a judge 
 at his chambers. 
 
 VACATUR (Law Lat. it is vacated). In 
 practice. A rule or order by which a pro- 
 ceeding is vacated; a vacating. 
 
 VACQUER (L. FV.) To be at leisure. Kel- 
 ham. 
 
 VACUA POSSESSIO. The vacant posses- 
 sion, i. e., free and unburdened possession, 
 which, (e. g.) a vendor had and has to give 
 to a purchaser of lands. 
 
 VADELECT. In old English law. A 
 servant; a ministerial officer. Cowell. 
 
 VADES. In the civil law, pledges; sure- 
 ties; bail; security for the appearance of a 
 defendant or accused person in court. Calv. 
 Lex. 
 
 VADIARE DUELLUM. To wage combat. 
 Where two contending parties, on a chal- 
 lenge, give and take a mutual pledge of 
 fighting. Cowell. 
 
 VADIARE LEGEM (L. Lat) In old Eng- 
 lish law. To wage law; to give gage or 
 security to make one's law at a day assigned. 
 Spelman. 
 
 VADIATIO. L. Lat. (L. Fr. gager). In 
 old English law. Wager. 
 
 VADIMONIUM (Lat) In the Roman law. 
 Bail or security; the giving of bail for ap- 
 pearance in court; a recognizance. Calv. 
 Lex. 
 
 VADIUM. In the civil law. Pledge or se- 
 curity. 
 
VADIUM MORTUUM 
 
 1048 
 
 VALOR MARITAGII 
 
 VADIUM MORTUUM (Lat.) A mortgage 
 or dead pledge. It is a security given by the 
 borrower of a sum of money, by which he 
 grants to the lender an estate in fee, on con- 
 dition that, if the money be not repaid at 
 the time appointed, the estate so put in 
 pledge shall continue to the lender as dead 
 or gone from the mortgagor. 2 Bl. Comm. 
 257; 1 Powell, Mortg. 4. 
 
 VADIUM PONERE. To take ball or 
 pledges for a defendant's appearance. 
 
 VADIUM VIVUM (Lat.) A species of se- 
 curity by which the borrower of a sum of 
 money made over his estate to the lender 
 until he had received that sum out of the 
 issues and profits of the land. It was so 
 called because neither the money nor the 
 lands were lost, and were not left in dead 
 pledge, but this was a living pledge, for the 
 profits of the land were constantly paying 
 oiT the debt. Litt. § 206; 1 Powell, Mortg. 
 3; Termes de la Ley. 
 
 V AD LET. In old English law. The king's 
 eldest son; hence the valet or knave follows 
 the king and queen in a pack of cards. 
 Barr. Obs. St. 344. 
 
 VAGABOND (Fr. and Eng.; from Lat. 
 vagabundus, from vagari, to wander). A 
 wandering person; one who habitually goes 
 about from place to place; one who has no 
 settled residence or domicile, Les vagabonds 
 sont les gens sans domicile, vagabonds are 
 people without a domicile. Vattel, liv. 1, c. 
 19, s. 219. A vagabond is said to be a per- 
 son who, without traveling in quest of a 
 domicile, has really and truly no certain 
 domicile at all. Phillim. Dom. 23. 
 
 In English and American law, "vagabond" 
 is always used in a bad sense, denoting one 
 who is without a home; a strolling, idle, 
 worthless person. Vagabonds are described 
 in old English statutes as "such as wake on 
 the night and sleep on the day, and haunt 
 customable taverns and ale houses, and routs 
 about; and no man wot from whence they 
 came, nor whither they go." 4 Bl. Comm. 
 169. Rogues and vagabonds are classed to- 
 gether by St. 17 Geo. II. c. 5; 5 Geo. IV. c. 
 83; 1 & 2 Vict. c. 38; 4 Steph. Comm. 309. 
 In American law, the term "vagrant" is em- 
 ployed in the same sense. See "Vagrant." 
 
 VAGABUNDUM NUNCUPAMUS EUM 
 qui nullibi domiclllum contraxit habitationls. 
 We call him a vagabond who has acquired 
 nowhere a domicile or residence. Phillim. 
 Dom. 23, note. 
 
 VAGRANCY. Vagrancy Is distinguished 
 from disorderly conduct and breaches of the 
 peace, and includes only such cases of vaga- 
 bondage as are known to the common law; 
 and its statutory definition cannot be en- 
 larged by municipal ordinance. 41 Mich. 
 299. 
 
 VAGRANT. A person who lives idly, with- 
 out any settled home. A person who refuses 
 
 to work, or goes about begging. This latter 
 meaning is the common one in statutes pun- 
 ishing vagrancy. See 1 Wils. 331; 5 East, 
 339; 8 Term R. 26. 
 
 VAGRANT ACT. In English law. St 5 
 Geo. IV. c. 83, which is an act for the pun- 
 ishment of idle and disorderly persons. 2 
 Chit. St. 145. 
 
 VAGUENESS. Uncertainty. 
 
 Certainty is required in contracts, wills, 
 pleadings, judgments, and, indeed, in all the 
 acts on which courts have to give a judg- 
 ment, and if they be vague so as not to be 
 understood, they are, in general, invalid. 5 
 Barn. & C. 583; 1 Russ. & M. 116; 1 Chit. 
 Prac. 123. A charge of frequent intemper- 
 ance and habitual indolence is vague and 
 too general. 2 Mart. (La.; N. S.) 530. See 
 "Certainty." 
 
 VAILLER (L. Fr.) To be worth; to be 
 of the value. 
 
 VALE. In Spanish law. A promissory 
 note. White, New Recop. bk. 3, tit. 7, c. 5, 
 §3. 
 
 VALEAT QUANTUM VALERE POTEST. 
 
 It shall have effect as far as it can have 
 effect. Cowp. 600; 4 Kent, Comm. 493; 
 Shep. Touch. 87. 
 
 VALEC, VALECT, or VADELET. A young 
 gentleman; also a servitor or gentleman of 
 the chamber. Cowell. 
 
 VALECTA (L. Lat.) In old English law. 
 A body-servant, or attendant; a valet; a 
 ward of the crown. Spelman. 
 
 VALESHERIA. In old English law. The 
 proving by the kindred of the slain, one on 
 the father's side, and another on that of 
 the mother, that a man was a Welshman. 
 
 VALID (Lat. validus). Strong; effectual; 
 of binding force. An act, deed, will, and the 
 like, which has received all the formalities 
 required by law, is said to be valid or good 
 in law. 
 
 VALIDITY. Freedom from vices of sub- 
 stance; effectiveness in point of law. It is 
 broader than "form" or "requisites," as they 
 are often applied; "form" signifying only 
 regularity or technical phraseology, while 
 "requisites" imports only positive require- 
 ments or essentials, and not matters ex- 
 traneous to the act or instrument itself. 
 
 VALOR BENEFICIORUM (Lat.) In eccle- 
 siastical law. The value of every ecclesias- 
 tical benefice and preferment, according to 
 which the first fruits and tenths are collect- 
 ed and paid. The valuation by which the 
 clergy are at present rated was made 26 
 Hen. VIII., and is commonly called the 
 "King's Books." 1 Bl. Comm. 284*, note 6. 
 
 VALOR MARITAGII (Lat.) The amount 
 forfeited under the ancient tenures by a 
 ward to a guardian who had offered her a 
 
VALUABLE CONSIDERATION 
 
 1049 
 
 VASSAL 
 
 marriage without disparagement, which she 
 refused. It was so much as a jury would 
 assess, or as any one would give bona fide, 
 for the value of the marriage. Litt. 110. 
 
 A writ which lay against the ward, on 
 coming of full age, for that he was not mar- 
 ried by his guardian, for the value of the 
 marriage, and this, though no convenient 
 marriage had been offered. Termes de la 
 Ley. 
 
 VALUABLE CONSIDERATION. An equiv- 
 alent in money or value for a thing pur- 
 chased. See "Consideration." 
 
 VALUATION. The act of ascertaining the 
 worth of a thing. The estimated worth of 
 a thing. 
 
 It differs from "price,"_ which does not- al- 
 ways afford a true criterion of value; for a 
 thing . may be bought very dear or very 
 clieap. In some contracts, as in the case of 
 bailments or insurances, the thing bailed 
 or insured is sometimes valued at the time 
 of making the contract, so that, if lost, no 
 dispute may arise as to the amount of the 
 loss. 2 Marsh. Ins. 620; 1 Caines (N. Y.) 
 80; 2 Caines (N. Y.) 30; Story, Bailm. 
 i§ 253, 254; Park, Ins. 98; Weskett, Ins.; 
 Phil. Ins. See "Policy." 
 
 VALUATION ASSESSORS. In Pennsyl- 
 vania, the assessors who estimate the value 
 of property for taxation. 
 
 VALUE. The utility of an object. The 
 price demanded or accepted as equivalent 
 to the utility of anything. 161 111. 251; 154 
 111. 662. The worth of an object in pur- 
 chasing other goods. The value of a thing 
 is what it will produce. The first may be 
 called "value in use;" the latter, "value in 
 exchange." It is a relative term, depending 
 upon different circumstances, 235 111. 435, 
 and has no fixed criteria. 21 Minn. 322. 
 
 "Value" differs from "price." The latter 
 is applied to live cattle and animals. In a 
 declaration, therefore, for taking cattle, they 
 ought to be said to be of such a price; and 
 in a declaration for taking dead chattels, or 
 those which never had life, it ought to lay 
 them to be of such a value. 2 Lilly, Abr. 
 629. 
 
 VALUE RECEIVED. A phrase usually em- 
 ployed in a bill of exchange or promissory 
 note, to denote that a consideration has been 
 given for it. 
 
 The expression value received, when put 
 in a bill of exchange, will bear two inter- 
 pretations, — the drawer of the bill may be 
 presumed to acknowledge the fact that he 
 has received value of the payee (3 Maule & 
 S. 351) , or when the bill has been made pay- 
 able to the order of the drawer, it implies 
 that value has been received by the acceptor 
 (6 Maule & S. 65). In a promissory note, 
 Uie expression imports value received from 
 the payea 5 Bam. & C. 360. See 5 Wheat. 
 (U. S.) 282. 
 
 VALUED POLICY. A valued policy is one 
 where the value has been set on the ship or 
 goods insured, and this value has been in- 
 serted in the policy in the nature of liqui- 
 dated damages, to save the necessity of 
 proving it in case of loss. 1 Bouv. Inst, 
 note 1230. See "Policy." 
 
 VALVASORS, or VIDAMES. An obsolete 
 title of dignity next to a peer. 2 Inst. 667; 
 2 Steph. Comm. (7th Ed.) 612. 
 
 VANA EST ILLA POTENTIA QUAE 
 nunquam venit in actum. Vain is that power 
 which is never brought into action. 2 Coke, 
 51. 
 
 VANI TIMORES SUNT AESTIMANDI, 
 qui non cadunt in constantem virum. Vain 
 are those fears which affect not a firm man. 
 7 Coke, 27. 
 
 VANI TIIVIORIS JUSTA EXCUSATIO 
 
 non est. A frivolous fear is not a legal ex- 
 cuse. Dig. 50. 17. 184; 2 Inst. 483; Broom, 
 Leg. Max. (3d London Ed.) 256, note. 
 
 VANTARIUS (Law Lat.) In old records. 
 A fore footman. Spelman; Cowell. 
 
 VARDA. In old Scotch law. Ward; cus- 
 tody; guardianship. Answering to "warda," 
 in old English law. Spelman. It had also 
 the sense of "award." Skene de Verb. Sign. 
 
 VARIANCE. In pleading and practice. A 
 disagreement or difference^ between two 
 parts of the same legal proceeding which 
 ought to agree together. Variances are be- 
 tween the writ and the declaration, and be- 
 tween the declaration, or bill in equity, and 
 the evidence. 
 
 VARRANTIZATIO (Law Lat.) In old 
 Scotch law. Warranty. Craig, de Jur. Feud. 
 152. 
 
 VAS (Lat.) In the civil law. A pledge; a 
 surety; one who became bail or surety for 
 another in a criminal proceeding or civil ac- 
 tion. Calv. Lex. The plural, vades (q. v.), 
 was more commonly used. 
 
 VASALLUS (Law Lat.) In feudal law. A 
 vassal; the grantee of a fief; a feudatory. 
 Feud. lib. 1, tit. 26; Id. lib. 2, tit. 2 et pass- 
 im. Skene writes the word vassdttus. 
 
 VASLETTUS (Law Lat.) A valet or ward. 
 Cowell; Spelman. 
 
 VASSAL. In feudal law. The name given 
 to the holder of a fief bound to perform 
 feudal service. This word was then always 
 correlative to that of "lord," entitled to such 
 service. 
 
 The vassal himself might be lord of some 
 other vassaL 
 
 In after times, this word wag used to sig- 
 nify a species of slave who owed servitude, 
 and was in a state of dependency on a su- 
 perior lord. 2 Bl. Comm. 53; Merlin, Re- 
 pert. 
 
VASSELERIA 
 
 1050 
 
 VELTRARIUS 
 
 VASSELERIA. The tenure or holding of 
 a vassal. Cowell. 
 
 VASTITAS (Law Lat. from vastum, q. v.) 
 In old English law. A waste. Fleta, lib. 4, 
 c. 22, § 6. 
 
 VASTUM (Law Lat.) Waste; a waste or 
 common lying open to the cattle of all ten- 
 ants who have a right of commoning. Par. 
 Ant. 351; Cowell. 
 
 VASTUM FORESTAE VEL BOSCI (Law 
 Lat.) In old records. Waste of a forest 
 or wood. That part of a forest or wood 
 wherein the trees and underwood were so 
 destroyed that it lay in a manner waste and 
 barren. Par. Ant. 351, 497; Cowell. 
 
 VAUDERIE. Sorcery; witchcraft; the pro- 
 fession of the Vaudois. 3 Hallam, Mid. Ages, 
 c. ix., pt. 2, p. 386, note. 
 
 VAVASOR or VAVASOUR (Law Lat.) In 
 old English law. The vassal or tenant of a 
 baron; one who held under a baron, and 
 who had also tenants under him. 
 
 One who in dignity was next to a baron; 
 a title of dignity next to a baron. Camd. 
 Brit. 109. See "Valvasors." Bracton, in 
 enumerating the various ranks of persons 
 under the king, mentions them in the fol- 
 lowing order: Dukes, counts or earls, bar- 
 ons, magnates or vavasors, and knights 
 {duces, comites, barones, magnates sive va- 
 vasores, et milites). Bracton, fol. 5b. And 
 again, immediately after describing barons, 
 as powerful men under the king {potentes 
 sub rege), he proceeds to a description of 
 vavasors as men of great dignity {viri mag- 
 nae dignitatis), adding the following ety- 
 mology of the word: Vavasor enim nihil 
 melius did poterit quam vas sortitus ad va- 
 letudinem, for a vavasor cannot be better 
 described than a vessel or pledge (vas) 
 chosen for strength. Id. 
 
 The term vavasor first came into use in 
 England after the Conquest, being another 
 form of valvasor, which was employed in 
 the feudal law of the continent. LL. Gul. 
 Conq. 1. 24. As a title of dignity, it occurs 
 as late as the time of Chaucer, but after- 
 wards fell into disuse, and is now wholly 
 antiquated. 1 Bl. Conun. 403. The etymol- 
 ogy of the word given by Bracton seems to 
 present vas (a vessel), validus (strong), 
 and sortitus (chosen) , as its constituent ele- 
 ments, which is very different from that 
 given of valvasor (q. v.) 
 
 VAVASORY. The lands that a vavasour 
 held. Cowell. 
 
 VECTIGAL (Lat. from vehere, to carry). 
 In the civil law. A custom or impost upon 
 goods brought into or carried out of a state 
 (quod pro rebus dvitati inveoUs vel evectis 
 publico solvitur). Calv. Lex. 
 
 In a general sense, a tax or tribute of 
 aaiy kind, paid for the use of the state. Id. 
 See Dig. 50. 16. 17. 1; Id. 6. 3; Id. 39. 4. 
 
 See a list or tariff of articles subject to 
 this imposition. Id. 39. 4. 16. 7. 
 
 VECTIGAL JUDICIARIUM. Fines paid to 
 the crown to defray the expenses of main- 
 taining courts of justice. 3 Salk. 38. 
 
 VECTIGAL, ORIGINE IPSA, JUS CAESA- 
 rum et regum patrimonlale est. Tribute, In 
 its origin, is the patrimonial right of em- 
 perors and kings. Dav. 12. 
 
 VECTIAGALIA (Lat.) In Roman law. Du- 
 ties which were paid to the prince for the 
 importation and exportation of certain mer- 
 chandise. They differed from "tribute," 
 which was a tax paid by each individual. 
 Code, 4. 61. 5. IS. 
 
 VECTURA (Law Lat. from vehere, to car- 
 ry). In maritime law. Freight. Locc. de 
 Jur. Mar. lib. 3, c. 6, § 7 et seq. 
 
 VEE (Law Fr. from veer, to forbid). In 
 old English law. Refusal; refusal to deliv- 
 er or return a thing. Defende tort et force, 
 et la torcenouse detenue, et le vee des bestes 
 avaunditz, defends the wrong and the force, 
 and the wrongful taking, and the wrongful 
 detention, and the refusal of the beasts 
 aforesaid. Britt. c. 2. Respoyne al vee^ 
 answer to the refusal. Id. 
 
 VEE DE NAME (Law Fr.; Law Lat. ve- 
 titum namium). In old English law. Re- 
 fusal of a thing distrained; refusal to de- 
 liver or return a thing taken as a distress; 
 sometimes translated "withernam" {q. v.) 
 Plees de vee de name. Britt. cc. 19, 20, 103. 
 
 VEER (L. Fr.) In old English law. To 
 see. 
 
 VEHMGERICHT. See "Fehmgerichte." 
 
 VEIES (Law Fr.) Distresses forbidden to 
 be replevied; the refusing to let the owner 
 have his cattle which were distrained. Kel- 
 ham. 
 
 VEJOURS. An obsolete word, which sig- 
 nified viewers or experts. 
 
 VELABRUM. In 6Id English law, a toll 
 booth. Cro. Jac. 122. 
 
 VELITIS JUBEATIS QUIRITES7 (Lat.) 
 Is it your will and pleasure, Romans? The 
 form of proposing a law to the Roman peo- 
 ple. Tayl. Civ. Law, 155. 
 
 VELLE (Lat.) In the civil law. To will; 
 to be willing; to consent. Calv. Lex. 
 
 VELLE NON CREDITUR QUI OBSEQUI- 
 tur Imperlo patris vel domini. He is not 
 presumed to consent who obeys the orders 
 of his father or his master. Dig. 50. 17. 4. 
 
 VELTRARIA. The office of dog leader or 
 courser. Cowell. ■ 
 
 VELTRARIUS. One who leads grey- 
 hounds. Blount. 
 
VEHA.L 
 
 IQW 
 
 VENIBE FACJA.S JURAT-Qja^S 
 
 VENAT.. Something: that 19 bought The 
 term is generally applied In a bad sense; 
 as, a venal offlo© Is an dfioe which has been 
 purchased. 
 
 VENARIA. Beasts caught in the woods 
 by hunting. 
 
 VENATIO (Law Lat. from venari, to 
 hunt). In old English law. The chase or 
 hunt. Cowell. 
 
 VEND. To sell a chattel. As commonly 
 used, it suggests an offering for sale to any 
 buyer. 
 
 VENDEE. A purchaser; a buyer. 
 
 VENDENS EANDEM REM DUOBUS 
 fallarius est. He Is fraudulent who sells the 
 same thing twice. Jenk. Cent. Cas. 107. 
 
 VENDIBLE. Capable of being sold; sala- 
 able. , 
 
 VENDICARE (Lat.) In the civil and 
 old English law. To claim a thing as one's 
 own; to assert a right to a thing. To take 
 a thing as one's own. Calv. Lex. 
 
 VENDITAE. In old European law. A 
 tax on things sold in markets and fairs. 
 Spelman. 
 
 VENDITIO (Lat.) In the civil law. In a 
 strict sense, sale; the act of selling; the 
 contract of sale, otherwise called "emptio 
 venditio." Inst. 3. 24; Dig. 18. 1; Calv. Lex. 
 
 In a large sense, any mode or species of 
 alienation; any contract by which the prop- 
 erty or ownership of a thing may be trans- 
 ferred. Id. 
 
 VENDITION. A sale; the act of selling. 
 
 VENDITIONI EXPONAS (Lat. that you 
 expose to sale). In practice. The name of 
 a writ of execution, directed to the sheriff, 
 commanding him to sell goods or chattels, 
 and in some states lands, which he has taken 
 in execution by virtue of a fieri facias, and 
 which remain unsold. 
 
 Under this writ, the sheriff is bound to 
 sell the property in his hands, and he can- 
 not return a second time that he can get no 
 buyers. Cowp. 406. And see 2 Saund. 47. 
 1; 2 Chit. 390; Comyn, Dig. "Execution" 
 (C 8); Graham, Prac. 359; 3 Bouv. Inst, 
 note 3395. 
 
 VENDITOR (Lat.) In civil and old Eng- 
 lish law. A' seller; a vendor. Inst 3. 24; 
 Code, 4. 54; Bracton, foj. 41. 
 
 VENDITOR REGIS (Lat) In old English 
 law. The king's salesman, or person who 
 exposed to sale goods or chattels seized or 
 distrained to answer any debt due to the 
 king. Cowell. This office was granted by 
 Edw. I. to Philip de Lordiner, but was seized 
 into king's hands for abuse thereof. 2 
 Edw. n. 
 
 VENDOR. The seller; one tfho disposes 
 of a thing in «»nsideration of money. Gen- 
 erally applied only to the seller of realty. 
 
 VENDOR'S LIEN. An equitable lien or 
 implied agreement in favor of the vendor 
 of land sold for the purchase money, 175 
 111. 441, where the deed expresses, con- 
 trary to the fact, that the purchase money 
 is paid. Unless waived, the lien remains 
 till the whole purchase money is paid. 16 
 Ves. 329; 4 Russ. 336; 1 W. Bl. 123; 2 P. 
 Wms. 291; 1 Jac. & W. 234; 1 Vern. 267, 
 
 VENDUE. A public auction. 
 
 VENDUE MASTER. An auctioneer. 
 
 VENIA AETATIS. In the civil law. The 
 privilege of age. A privilege granted by a 
 prince or sovereign, in virtue of which a per- 
 son is entitled to act, sui juris, as if he were 
 of full age. Calv. Lex.; Story, Confl. Laws, 
 § 60, note. 
 
 VENIAE FACILITAS INCENTIVUM EST 
 dellnquendi. Facility of pardon is an Incen- 
 tive to crime. 3 Inst. 236. 
 
 VENIRE (Lat. to come). The name of a 
 writ (more commonly called venire facias) 
 by which a jury is summoned. 
 
 VENIRE FACIAS (Lat that you cause to 
 come) . In practice. According to the Eng- 
 lish law, the proper process to be issued on 
 an indictment for any petit misdemeanor, 
 on a penal statute, is a writ called venire 
 facias. 
 
 It is in the nature of a summons to cause 
 the party to appear. 4 Bl. Comm. 18; 1 
 Chit. Crim. Law, 351. 
 
 VENIRE FACIAS AD RESPONDENDUM. 
 A writ to summon a person, against whom 
 an indictment for a misdemeanor has been 
 found, to appear and be arraigned for the 
 offense. A justice's warrant is now more 
 commonly used. Archb. Crim. PI. 81. 
 
 VENIRE FACIAS DE NOVO (Lat) In 
 practice. The name of a new writ of venire 
 facias. This is awarded when, by reason of 
 some irregularity or defect in the proceed- 
 ing on the first venire, or the trial, the 
 proper effect of the venire has been frus- 
 trated, or the verdict become void in law; 
 as, for example, when the jury has been 
 improperly chosen, or an uncertain, ambig- 
 uous, or defective verdict has been ren- 
 dered. Steph. PI. 120; 1 Sellon, Prac. 150. 
 
 VENIRE FACIAS JURATORES (Lat; fre- 
 quently called venire simply) . In practice. 
 The name of a writ directed to the sheriff, 
 commanding him to cause to come from the 
 body of the county, before the court from 
 which it issued, on some day certain and 
 therein specified, a certain number of quali- 
 fied citizens who are to act as jurors in 
 the said court. Steph. PI. 104; 2 Graydon, 
 Forms, 314. And see 6 Serg. & R. (Pa.) 
 414; Comyn, Dig. "Enquest" (C 1), etc., 
 
VENIRE FACIAS TOT MATRONAS 
 
 1052 
 
 VERBA ARTIS EX ARTE 
 
 "Pleader" (2 S 12, 3 20), "Process" (D 
 8) ; 3 Chit. Prac. 797. See "Jury." 
 
 VENIRE FACIAS TOT MATRONAS. A 
 ■writ to summon a jury of matrons to exe- 
 cute the writ de ventre inspiciendo (q. v.) 
 
 VENIREMAN. A juror summoned by ve- 
 nire, 
 
 VENIT ET DEFENDIT (Law Lat.) In old 
 pleading. Comes and defends. The proper 
 words of appearance and defense in an ac- 
 tion. 1 Ld. Raym. 177. 
 
 Venit et defendit vim et injuriam; comes 
 and says. Y. B. M. 1 Edw. II. 2; 2 Salk. 
 443. 
 
 VENIT ET DIGIT. In old pleading. Comes 
 and says. Y. B. M. 1 Edw. II. 2. 2 Salk. 
 544. 
 
 VENKU (L. Ft.) In old English law. Van- 
 quished; overcome in judicial combat. 
 
 VENTE A REMERE. In French law. A 
 sale made, reserving a right to the seller 
 to repurchase the property sold by return- 
 ing the price paid for it. 
 
 The term is used in Canada and Louisi- 
 ana. The time during which a repurchase 
 may be made cannot exceed ten years, and, 
 if by the agreement it so exceed, it shall be 
 reduced to ten years. The time fixed for 
 redemption must be strictly adhered to, and 
 cannot be enlarged by the judge, nor exer- 
 cised afterwards. Civ. Code La. arts. 1545- 
 1549. 
 
 The following is an instance of a vente a 
 remere. A. sells to B. for the purpose of 
 securing B. against indorsements, with a 
 clause that "whenever A. should relieve B. 
 from such indorsements, without B.'s hav- 
 ing recourse on the land, then B. would 
 reconvey the same to A. for A.'s own use." 
 This is a vente a remere, and until A. re- 
 leases B. from his indorsements, the prop- 
 erty is B.'s, and forms no part of A.'s 
 estate. 7 Mart. (La.; N. S.) 278. See 1 
 Mart. (La.; N. S.) 528; 3 La. 153; 4 La. 
 142; Tropl. Vente, c. 6; 6 TouUier, Dr. Civ. 
 p. 257. 
 
 VENTER, or VENTRE (Lat. the belly). 
 The wife (so applied in matters relating 
 to child bearing). For example, a man 
 has three children by the first and one by 
 the second venter. A child is said to be in 
 ventre sa mere before it is born; while it 
 is a foetus. 
 
 VENTRE INSPICIENDO (Lat.) In Eng- 
 lish law. A writ directed to the sheriff, 
 dommanding him that, in the presence of 
 twelve men, and as many women, he cause 
 examination toi be made whether a woman 
 therein named is with child or not, and if 
 with child, then about what time it will be 
 born, and that he certify the same. It is 
 granted in a case when a widow, whose 
 husband had lands in fee simple, marries 
 again soon after her husband's death, and 
 
 declares herself pregnant by her first hus- 
 band, and, under that pretext, withholds 
 the lands from the nesrt; heir. Cro. EHz. 
 506; Fleta, lib. 1, c. 15. 
 
 VENUE (Law Lat. visnetimi, neighbor- 
 hood. The word was formerly spelled 
 visne. Co. Litt. 125a). In practice. The 
 county in which the facts are alleged to 
 have occurred, and from which the jury 
 are to come to try the issue. Gould, PI. 
 c. 3, § 102; Archb. Civ. PI. 86; Cowp. 176; 
 1 How. (U. S.) 241; 86 Mich. 7. In modern 
 practice, it is used as synonymous with 
 "place of trial." See 7 How. Pr. (N. Y.) 
 462. 
 
 The designation of the county^ in •which 
 the cause is to be tried in pleadings and 
 writs. Comyn, Dig. "Pleader" (C 20); 86 
 Mich. 7. Generally, in modern pleading, in 
 civil practice, no special allegation is 
 needed in the body of the declaration, the 
 venue in the margin being understood to 
 be the place of occurrence till the contrary 
 is shown. 1 Hempst. 236. See statutes and 
 rules of court of the various states, and 
 Reg. Gen. Hilary Term, 4 Hen. IV. 
 
 VERAY. An ancient manner of spelling 
 vrai, true. 
 
 In the English law there are three kinds 
 of tenants, — veray, or true tenant, who is 
 one who holds in fee simple; tenant by the 
 manner (q. v.), who is one who has a less 
 estate than a fee which remains in the re- 
 versioner; veray tenant by the manner, 
 who is the same as tenant by the manner, 
 with this difference only, that the fee sim- 
 ple, instead of remaining in the lord, is 
 given by him or by the law to another. 
 Hammond, N. P. 394. 
 
 VERBA ACCIPIENDA SUNT SECUND- 
 um subjectum materiam. Words are to be 
 interpreted according to the subject matter. 
 6 Coke, 6, note. 
 
 VERBA ACCIPIENDA UT SORTIENTUR 
 effectum. Words are to be taken so that 
 they may have some effect. 4 Bac. Works, 
 258. 
 
 VERBA AEQUIVOCA AC IN DUBIO SEN- 
 su posita, intelliguntur digniori et potentio- 
 rl sensu. Equivocal words, and those in a 
 doubtful sense, are to be taken in their 
 best and most effective sense. 6 Coke, 20. 
 
 VERBA ALIQUID OPERARI DEBENT— 
 debent lntellig,i ut aliquid operentur. Words 
 ought to have some effect; words ought to 
 be interpreted so as to give them some ef- 
 fect. 8 Coke, 94. 
 
 VERBA ALIQUID OPERARI DEBENT, 
 verba cum effectu sunt acciplenda. Words 
 are to be taken so as to have effect, w Bac. 
 Max. reg. 3, p. 47. See 1 Duer, Ins. 210, 
 211, 216. 
 
 VERBA ARTIS EX ARTE. Terms of art 
 should be explained from the art. 2 Kent, 
 Comm. 566, note. 
 
VERBA CANCELLARIAE 
 
 1053 
 
 VERBA QUANTUMVIS 
 
 VERBA CANCELLARIAE. Words of the 
 chancery. The technical style of writs 
 framed in the ofBce of chancery. Fleta, lib. 
 4, c. 10, § 8. 
 
 VERBA CHARTARUM FORTIUS ACCIPI- 
 untur contra proferentem. The words of 
 deeds are to be taken most strongly against 
 the person offering them. Co. Litt. 36a; 
 Bac. Max. reg. 3; Noy, Max. (9th Ed.) p. 
 48; 3 Bos. & P. 399, 403; 1 Cromp. & M. 
 657; 8 Term R. 605; 15 East, 546; 1 Ball 
 & B. 335; 2 Pars. Cont. 22; Broom, Leg. 
 Max. (3d London Ed.) 72, note, 529. 
 
 VERBA CUM EFFECTU ACCIPIENDA 
 sunt. Words are to be interpreted so as to 
 give them effect. Bac. Max. reg. 3. 
 
 VERBA CURRENTIS MONETAE, TEMP- 
 us solutionis designant. The words "cur- 
 rent money" refer to the time of pajrment 
 Dav. 20. 
 
 VERBA DEBENT INTELLIGI CUM EF- 
 
 fectu. Words should be understood effect- 
 ively. 2 Johns. Cas. (N. Y.) 97, 101. 
 
 VERBA DEBENT INTELLIGI UT ALI- 
 quid operantur. Words ought to be so un- 
 derstood that they may have some effect. 8 
 Coke, 94a. 
 
 VERBA DICTA DE PERSONA, INTELLI- 
 gi debent de conditione personae. Words 
 spoken of the person are to be understood 
 of the condition of the person. 2 RoUe, 72. 
 
 VERBA FORTIUS ACCIPIUNTUR CON- 
 tra proferentem. Words are to be taken 
 most strongly against him who uses them. 
 Bac. Max. 11, reg. 3. 
 
 VERBA GENERALIA GENERALITER 
 sunt intelllgenda. General words are to be 
 generally understood. 3 Inst. 76. 
 
 VERBA GENERALIA RESTRINGUNTUR 
 ad habilitatem rei vel aptitudinem personae. 
 General words must be restricted to the 
 nature of the subject matter, or the apti- 
 tude of the person. Bacon, Max. reg. 10; 
 11 C. B. 254, 356. 
 
 VERBA ILLATA (RELATA) INESSE VI- 
 dentur. Words referred to are to be con- 
 sidered as if incorporated. Broom, Max. 
 (3d London Ed.) 600, 603; 11 Mees. & W. 
 183, 188; 10 C. B. 261, 263, 266. 
 
 VERBA IN DIFFERENTI MATERIA PER 
 prius, non per posterlus, intelllgenda sunt. 
 Words referring to a different subject are 
 to be interpreted by what goes before, not 
 by what follows. Calv. Lex. 
 
 VERBA INTELLIGENDA SUNT IN CASU 
 possibifl. Words are to be understood in 
 reference to a possible case. Calv. Lex. 
 
 VERBA INTENTIONI, ET NON E CON- 
 tra, debent Inservire. Words ought to wait 
 upon the intention, not the reverse. 8 
 Coke, 94; 2 Bl. Comm. 379. 
 
 VERBA ITA SUNT INTELLIGENDA, UT 
 
 res magis valeat quam pereat. Words are to 
 be so understood that the subject matter 
 may be preserved rather than destroyed. 
 Bac. Max. reg. 3; Plowd. 156; 2 Bl. Comm. 
 380; 2 Kent, Comm. 555. 
 
 VERBA MERE AEQUIVOCA, SI PER 
 communem usum loquendi In Intellectu certo 
 sumuntur, talis intellectus praeferendus est. 
 When words are merely equivocal, if by 
 common usage of speech they acquire a 
 certain meaning, such meaning is to be 
 preferred. Calv. Lex. 
 
 VERBA NIHIL OPERARI MELIUS EST 
 quam absurde. It is better that words should 
 have no operation than to operate absurdly. 
 Calv. Lex. 
 
 VERBA NON TAM INTUENDA, QUAM 
 causa et natura rei, ut mens contrahentium 
 ex els potlus quam ex verbis appareat. 
 Words are not to be looked at so much as 
 the cause and nature of the thing, since the 
 intention of the contracting parties may ap- 
 pear from those rather than from the 
 words. Calv. Lex. 
 
 VERBA OFFENDI POSSUNT, IMO AB 
 eisi recedere licet, ut verba ad sanum intel- 
 lectum reducantur. You may disagree with 
 words, nay, you may recede from them, in 
 order that they may be reduced to a sen- 
 sible meaning. Calv. Lex. 
 
 VERBA ORDINATIONIS QUANDO VERI- 
 ficarl possunt in sua vera signiflcatlone, tra- 
 hi ad extraneum intellectum non debent. 
 When the words of an ordinance can be 
 made true in their true signification, they 
 ought not to be warped to a foreign mean- 
 ing. Calv. Lex. 
 
 VERBA POSTERIORA PROPTER CERTI- 
 tudinem addita, ad priora quae certltudine 
 Indigent, sunt referenda. Subsequent words 
 added for the purpose of certainty are to 
 be referred to preceding words in which 
 certainty is wanting. Wingate, Max. 167; 
 6 Coke, 236. 
 
 VERBA PRAESENTI (Lat.) Present 
 words; words instantly operative. 
 
 VERBA PRECARIA (Lat.) In the civil 
 law. Precatory words (g. v.), such as peto 
 (I beg), rogo (I ask), volo (I will), cupio 
 (I desire), etc. 
 
 VERBA PRO RE ET SUBJECTA MATE- 
 rla acclpi debent. Words should be received 
 most favorably to the thing and the subject 
 matter. Calv. Lex. 
 
 VERBA QUAE ALIQUID OPERARI POS- 
 
 sunt non debent esse superflua. Words 
 which can have any effect ought not to bia 
 treated as surplusage. Calv. Lex. 
 
 VERBA QUANTUMVIS GENERALIA, AD 
 aptitudinem restringuntur, etiamsl nullam 
 aliam paterentur restrictionem. Words, how- 
 soever general, are restrained to fitness (i. 
 
VERBA RELATA HOC MAXIME 
 
 1064 
 
 VERDICT 
 
 e.i to harmonize with the subject matter), 
 though they would bear no other restric- 
 tion. Spiegelius. 
 
 VERBA RELATA HOC MAXIME OPER- 
 antur per referentfam ut in eis inesse v<- 
 dentur. Words to which reference is made 
 in an instrument have the same effect and 
 operation as if they were inserted in the 
 clause referring to them. Co. Litt. 359; 
 Broom, Leg. Max. (3d London Ed.) 599; 14 
 East, 568. 
 
 VERBA SECUNDUM MATERIAM SUB- 
 jectam Intelligi nemo est qui nescit. There 
 is no one who is -ignorant that words should 
 be understood according to the subject mat- 
 ter. Galv. Lex. 
 
 VERBA SEMPER ACCIPIENDA SUNT IN 
 mitiorl sensu. Words are always to be taken 
 in their milder sense. 4 Coke, 17. 
 
 VERBA STRICTAE SIGNIFICATIONIS 
 ad latam extendi possunt, si subsit ratio. 
 Words of a strict signification can be given 
 a wide signification if reason require. Calv. 
 Lex.; Spiegelius. 
 
 VERBA SUNT INDICES ANIMI. Words 
 are indications of the intention. Latch, 
 106. 
 
 VERBAL. Parol; by word of mouth; as, 
 verbal agreement; verbal evidence. Some- 
 times incorrectly used for "oral." 
 
 VERBAL NOTE. lu diplomatic language, 
 a memorandum or note not signed, sent 
 when an affair has continued a long time 
 without any reply, in order to avoid the ap- 
 pearance of an urgency which perhaps the 
 affair does not require, and, on the other 
 hand, not to afford any ground for suppos- 
 ing that it is forgotten, or that there is no 
 intention of prosecuting it any further, is 
 called a "verbal note." 
 
 VERBAL PROCESS. In Louisiana. A 
 written account of any proceeding or op- 
 eration required by law, signed by the per- 
 son commissioned to perform the duty, and 
 attested by the signature of witnesses. See 
 "Proces Verbal." 
 
 VERBERA. (Lat.) In old English law. 
 Blows; beatings. Fleta, lib. 2, c. 53, § 1. 
 
 VERBIS STANDUM UBI NULLA AMBI- 
 guitas.^ One must abide by the words where 
 there is no ambiguity. Tray. Lat. Max. 
 612. 
 
 VERBUM IMPERFECTI TEMPORIS 
 rem adliuc imperfectam significat. The im- 
 perfect tense of the verb indicates an in- 
 complete matter. 6 Wend. (N. Y.) 103, 
 120. 
 
 VERDEROR (from Fr. verdeur, from 
 vert or verd, green; Law Lat. virida/riue) . 
 An officer in king's forest, whose office is 
 properly to look after the vert, for food and 
 shelter for the deer. He is also sworn to 
 
 keep the assizes of the forest, and receive 
 and enroll the attachments and present- 
 ments of trespasses within the forest, and 
 certify thetn to the swain mote or justice 
 seat. Cowell; Burn, Ecc. Law; Manw. For. 
 Law, pt. 1, p. 832. 
 
 VERDICT. The expression of the concur- 
 rence of individual judgments, rather than 
 the product of mixed thoughts. 17 Kan. 
 462; 20 Ann. Cas. 880. 
 
 In practice. The unanimous decision 
 
 made by a jury and reported to the court 
 on the matters lawfully submitted to them 
 in the course of a trial of a cause. 
 
 It is the theory of jury trials that, from 
 the testimony each individual juror should 
 be led to the same conclusion; and this 
 unanimous conclusion is the certainty of 
 fact sought in the law. 17 Kan. 462; 20 
 Ann. Cas. 880. 
 
 Under comparatively recent statutory 
 provisions in some states a verdict or spe- 
 cial finding in a civil case, concurred in 
 by three-fourths of the jurors only, is valid. 
 171 Mo. 84; 70 S. W. 891; 7 Ohio App. 99; 
 100 Ohio St. 315; 125 N. E. 875. 
 
 (1) A general verdict is one by which 
 the jury pronounce at the same time on the 
 fact and the law, either in favor of the 
 plaintiff or defendant. Co. Litt. 228; 4 Bl. 
 Comm. 461. The jury may find such a 
 verdict whenever they think fit to do so. 
 
 (2) A partial verdict in a criminal case 
 is one by which the jury acquit the defend- 
 ant of a part of the accusation against him, 
 and find him guilty of the residue. 
 
 The following are examples of this kind 
 of a verdict, namely: When they acquit 
 the defendant on one count, and find him 
 guilty on another, which is indeed a species 
 of general verdict, as he is generally ac- 
 quitted on one charge, and generally con- 
 victed on another; when the charge is of an 
 offense of a higher, and includes one of an 
 inferior, degree, the jury may convict of the 
 less atrocious by finding a partial verdict. 
 Thus, upon an indictment for burglary, the 
 defendant may be convicted of larceny, and 
 acquitted of the nocturnal entry; upon an 
 indictment for murder, he may be convicted 
 of rnanslaughter; robbery may be softened 
 to simple larceny; a battery into a common 
 assault. 1 Chit. Crim. Law, 638, and the 
 cases there cited. 
 
 ,(3) A privy verdict is one delivered priv- 
 ily to a judge out of court. A verdict of 
 this kind is delivered to the judge after 
 the jury have agreed, for the convenience 
 of the jury, who, after having given it, 
 separate. This verdict is of no force what- 
 ever, and this practice, being exceedingly 
 liable to abuse, is seldom if ever allowfed 
 in the United States. The jury, however, 
 are allowed in some states, in certain cases, 
 to seal their verdict and return it into court, 
 as, for example, where a verdict is agreed 
 upon during the adjournment of the court 
 for the day. 
 
VERDICT 
 
 1055 
 
 VERGERS 
 
 (4) A public verdict is one delivered in 
 open court. This verdict has its full effect, 
 and, unless set aside, is conclusive on the 
 facts, and, when judgment is rendered upon 
 it, bars all future controversy, in personal 
 actions. A private verdict must afterwards 
 be given publicly in order to give it any 
 eifect. 
 
 (5) A special verdict is one by which the 
 facts of the case are put on the record, and 
 the law is submitted to the judges. 1 Litt. 
 (Ky.) 376; 4 Rand. (Va.) 504; 1 Hen. & M. 
 (Va.) 235; 1 Wash. C. C. (U. S.) 499; 2 
 Mason (U. S.) 31. 
 
 The jury have an option, instead of find- 
 ing the negative or affirmative of the issue, 
 as in a general verdict, to find all the facts 
 of the case as disclosed by the evidence be- 
 fore the).., and, after so setting them forth, 
 to conclude to the following effect: "That 
 they are ignorant, in point of law, on which 
 side they ought upon those facts to find the 
 issue; that if, upon the whole matter, the 
 court shall be of opinion that the issue 
 is proved for the plaintiff, they find for the 
 plaintiff accordingly, and assess the dam- 
 ages at such a sum, etc.; but if the court 
 are of an opposite opinion, then they find 
 vice versa." This form of finding is called 
 a "special verdict." In practice they have 
 nothing to do with the formal preparation 
 of the special verdict. When it is agreed 
 that a verdict of that kind is to be given, 
 the jury merely declare their opinion as to 
 any fact remaining in doubt, and then the 
 verdict is adjusted without their further in- 
 terference. It is settled, under the correc- 
 tion of the judge, by the counsel and attor- 
 neys on either side, according to the state 
 of the facts as found by the jury, with re- 
 spect to all particulars on which they have 
 delivered an opinion, and, with respect to 
 other particulars, according to the state of 
 facts which it is agreed that they ought to 
 find upon the evidence before them. The 
 special verdict, when its form is thus set- 
 tled, is together with the whole proceedings 
 on the trial, then entered on record; and 
 the question of law, arising on the facts 
 found, is argued before the court in banc, 
 and decided by that court as in case of a 
 demurrer. If either party be dissatisfied 
 with their decision, he may afterwards re- 
 sort to a court of error. Steph. PL 113; 1 
 Archb. Prac. 189; 3 Bl. Comm. 377; Bac. 
 Abr. "Verdict" (D, E). 
 
 There is another method of finding a 
 special verdict. This is when the jury find 
 a verdict generally for the plaintiff, but 
 subject, nevertheless, to the opinion of the 
 judges or the court above on a special case, 
 stated Jjy the counsel on both sides, with 
 regard to a matter of law. 3 Bl. Comm. 
 378. And see 10 Mass. 64; 11 Mass. 358. 
 See, generally, Bouv. Inst. Index. 
 
 (6) A sealed verdict is one arrived at 
 and delivered, to be returned to the court 
 when it shall again convene after a recess 
 or adjournment for the day, during which 
 the agreement of the Jurors is reached. It 
 
 is inclosed in a sealed packet, and is opened 
 and read at the ensuing sitting of the court, 
 in the presence of the jury. It is permitted 
 by special direction of the court in order 
 to avoid confining the jury for a long period 
 after agreeing, and enables them to sepa- 
 rate subject to the duty to attend the open- 
 ing of the verdict. 
 
 VERDICT SUBJECT TO OPINION OF 
 
 court. A verdict returned by the jury, the 
 entry of judgment upon which is subject 
 to the determination of points of law re- 
 served by the court upon the trial. 
 
 VERDIT (Law Fr. from ver, true, and 
 dit, a saying). In old English law. Ver- 
 dict; a declaration by a jury of the truth 
 of a matter in issue, submitted to them for 
 trial. 
 
 VEREBOT (Saxon). In old records. A 
 packet boat, or transport vessel. Cowell. 
 
 VEREDICTUM (Law Lat. from vere, 
 truly, or verus, true, and dictum, a saying) . 
 In old English law. A verdict; a declara- 
 tion of the truth of a matter in issue, sub- 
 mitted to a jury for trial. 
 
 VEREDICTUM, QUASI DICTUM VERI- 
 tatis; ut Judicium, quasi Juris dictum. A 
 verdict is, as it were, the saying of the 
 truth, in the same manner that a judgment 
 is the saying of the law. Co. Litt. 226. 
 
 VERGE. "At common law, the coroner of 
 the county had no jurisdiction within the 
 compass of the king's court, which bounds 
 the jurisdiction of the lord high steward of 
 the household, and comprehends a circuit 
 of twelve miles round the residence of the 
 court (wherever held). This jurisdiction 
 is usually called the 'verge,' within which 
 the coroner of the king's household, or, as 
 commonly called, the 'coroner of the verge,' 
 had jurisdiction over all matters within the 
 duty of a coroner, exclusive of the coroner 
 of the county. A jurisdiction so exclusive, 
 particularly as the king's court was mov- 
 able, was found to be attended with many 
 inconveniences, * * * and therefore it 
 was found expedient to impart, in some 
 cases, to the coroner of the county, a juris- 
 diction concurrent with that of the coroner 
 of the verge." Jervis, Cor. 5, 59 ; Sts. 28 
 Edw. I. c. 3, and 33 Hen. VIII. c. 12, § 3. 
 
 VERQELT. In Saxon law. A mulct or 
 fine for a crime. See "Wergild." 
 
 VERGENS AD INOPIAM (Law Lat.) In 
 Scotch law. Verging towards poverty; in 
 declining circumstances. 2 Karnes, Eq. 8. 
 
 VERGERS. In English law. Officers who 
 carry white wands before the justices of 
 either bench. Cowell. Mentioned in Fleta 
 as officers of the king's court, who oppressed 
 the people by demanding exorbitant fees. 
 Fleta, lib. 2, c. 38. 
 
VERIFICATION 
 
 1056 
 
 VESTED REMAINDER 
 
 VERIFICATION (Lat. verum, true, facio, 
 to make). 
 
 In Common-Law Pleading. An aver- 
 ment by the party making a pleading that 
 he is prepared to establish the truth of the 
 facts which he has pleaded. 
 
 The usual form of verification of a plea 
 containing matter of fact is, "And this he 
 is ready to verify," etc. See 1 Chit. PI. 
 537, 616; Lawes, Civ. PI. 144; 1 Saund. 
 103, note 1; Willes, 5; 3 Bl. Comm. 309. 
 
 In Code Pleading. The affidavit of the 
 
 party, or his agent or attorney, to the truth 
 of a pleading. 
 
 In Practice. The examination of the 
 
 truth of a writing; the certificate that the 
 writing is true. See "Authentication." 
 
 VERITAS (Lat. from verus, true). Truth; 
 verity. 
 
 VERITAS, A QUOCUNQUE DICITUR, A 
 Deo est. Truth, by whomsoever pronounced, 
 is from God. 4 Inst. 153. 
 
 VERITAS DEMONSTRATIONIS TOLLIT 
 errorem nominis. The truth of the descrip- 
 tion removes the error of the name. 1 Ld. 
 Raym. 303. See "Legatee." 
 
 VERITAS HABENDA EST IN JURATO- 
 re; justitia et judicium in Judice. Truth is 
 the desideratum in a juror; justice and 
 judgment in a judge. Bracton, 185b. 
 
 VERITAS NIHIL VERETUR NISI AB- 
 scondi. Truth fears nothing but conceal- 
 ment. 9 Coke, 20. 
 
 VERITAS NIMIUM ALTERCANDO AMIT- 
 titur. By too much altercation truth is lost. 
 Hob. 344. 
 
 VERITAS NOMINIS TOLLIT ERROREM 
 
 demonstrationis. The truth of the name 
 takes away the error of description. Bac. 
 Max. reg. 25; Broom, Leg. Max. (3d Lon- 
 don Ed.) 571; 8 Taunt. 313; 2 Jones, Eq. 
 (N. C.) 72. 
 
 VERITAS, QUAE MINIME DEFENSA- 
 tur opprimitur; et qui non improbat, appro- 
 bat. Truth which is not sufiBciently defend- 
 ed is overpowered; and he who does not 
 disapprove, approves. 3 Inst. 27. 
 
 VERITATEM QUI NON LIBERE PRO- 
 nunciat, proditor est verltatis. He who does 
 not speak the truth freely is a traitor to 
 the truth. 4 Inst. Epil. 
 
 VERITY. The quality of being very true 
 or real. Webster. Complete and absolute 
 truth. The record of a court of record is 
 said to import verity. 
 
 VERS (Law Fr.; from Law Lat. versus, 
 q. V.) In old practice. Against. Exeep- 
 cions vers le juge, ou vers le pleyntyfe, vers 
 qui il purra dire, exceptions against the 
 judge, or against the plaintiif, against 
 whom he may say. Britt. c. 57. 
 
 VERSARI (Lat.) In the civil law. To be 
 employed; to be exercised; to be continually 
 engaged; to be conversant. Versari male in 
 tutela, to misconduct one's self in a guard- 
 ianship. Calv. Lex. Versm-i m luero, to be 
 in gain, or a gainer. Id. 
 
 VERSUS (Law Lat.) In practice. Against; 
 an abbreviation of the Latin adversus. Used 
 by Bracton indifferently with contra (q. v.) 
 Actio competit contra eum, an action lies 
 against him. Bracton, fol. 103b. Actio datur 
 versus eum,- an action is given against him. 
 Id. Retained in modern practice, in the 
 titles of causes, but commonly in its con- 
 tracted forms, vs. and v. The French form, 
 vers, frequently occurs in Britton. 
 
 VERT. Everything bearing green leaves 
 in a forest. Bac. Abr. "Courts of the For- 
 est;" Manw. For. Law, 146. 
 
 VERY LORD AND VERY TENANT. An 
 immediate lord and tenant. Blount. 
 
 VEST. To give an immediate fixed right 
 of present or future enjoyment; to give a 
 legal or an equitable seisin. 246 Pa. St. 
 348; Ann. Cas. 1916D 573. An estate is 
 vested in possession when there exists a 
 right of present enjoyment; and an estate is 
 vested in interest when there is a present 
 fixed right of future enjoyment. Fearne, 
 Cont. Rem. 2. See Rop. Leg. 757; Comyn, 
 Dig.; Vern. 323, note; 5 Yes. 511. 
 
 VESTED IN INTEREST. A legal term ap- 
 plied to a present fixed right of future en- 
 joyment; as reversions, vested remainders, 
 such executory devises, future uses, condi- 
 tional limitations, and other future interests 
 as are not referred to, or made to depend 
 on, a period or event that is uncertain. 
 Wharton. 
 
 VESTED IN POSSESSION. An existing 
 right of present enjoyment. 
 
 VESTED LEGACY. A legacy is said to be 
 vested when the words of the testator mak- 
 ing the bequest convey a transmissible in- 
 terest, whether present or future, to the leg- 
 atee in the legacy. Thus, a legacy to one 
 to be paid when he attains the age of 
 twenty-one years is a vested legacy, be- 
 cause it is given unconditionally and abso- 
 lutely, and therefore vests an immediate in- 
 terest in the legatee, of which the enjoy- 
 ment only is deferred or postponed. Brown. 
 
 VESTED REMAINDER. The accepted 
 definition of a vested remainder is, that it 
 is one that throughout its continuance gives 
 to the remainderman or his heirs the right to 
 the immediate possession, whenever and 
 however the preceding estate may determine. 
 There must be some certain defined per- 
 son in being and ascertained who answers 
 the description of remainderman at some 
 time during the continuance of the particu- 
 lar estate and not merely at the time fixed 
 for its termination. 270 111. 228; 266 111. 
 17. See "Remainder." 
 
VESTED RIGHT 
 
 1057 
 
 VETUS JUS 
 
 VESTED RIGHT. A right resting on a 
 perfect obligation. 1 Hill (N. Y.) 324. A 
 fixed immediate right of present or future 
 enjoyment. 24 Miss. 90. 
 
 An expectancy (8 N. Y. 110), e. g., an 
 inchoate right of dower (104 111. 403), is 
 not a vested right. 
 
 There is no vested right in a remedy. 68 
 Wis. 621; 57 Pa. St. 433; 1 Neb. 419. 
 
 VESTER, Vestre. L. Fr. In old English 
 law. To vest; to enure. Kelham. 
 
 VESTIGIUM (Law Lat.) In the law of 
 evidence. A trace, or track; a mark left 
 by a physical object. Vestigia carectae, the 
 tracks of a cart. Fleta, lib. 1, c. 25, § 6. 
 
 VESTIMENTUM (Law Lat. from vestire, 
 to clothe). In old English law. Clothing. 
 A figurative expression denoting the charac- 
 ter, quality, or circumstance of right, as 
 opposed to the negation or destitution of 
 right, which was compared to a state of 
 nakedness. Possessio est nuda donee ex tem- 
 pore et seysina pacifica acquiratur vesti- 
 mentum, the possession is naked until a 
 clothing [i. e., of right] be acquired by time 
 and peaceable seisin. Bracton, fol. 160. 
 
 In Feudal Law. Investiture; seisin. 
 
 Lord Mansfield, C. J., 1 Burrows, 109, quot- 
 ing Bracton, fol. 160. 
 
 In Old Enalish Law. The technical 
 
 form of a contract, requisite to give it effect. 
 Fleta, lib. 2, c. 56, §§ 3, 4. 
 
 VESTING ORDER. In English law. A 
 decree passing title in lieu of a conveyance 
 for that purpose. Wharton. 
 
 VESTRY. 
 
 In England. A parochial assembly. 
 
 In the United States. A body ol men, 
 
 chosen by the parish of an Episcopal church, 
 to have the care and management, in con- 
 junction with the wardens, of the church's 
 temporal affairs. Webster. 
 
 VESTRY CESS. A rate levied in Ireland 
 for parochial purposes, abolished by 27 
 Vict. c. 17. 
 
 VESTRY CLERK. An officer appointed 
 to attend vestries, and take an account of 
 their proceedings, etc. 1 Steph. Comm. (7th 
 Ed.) 122, note; 2 Steph. Comm. 699, note; 
 13 & 14 Vict. c. 57, §§ 6-8. 
 
 VESTRYMEN. A select number of pa- 
 rishioners elected in large and populous par- 
 ishes to take care of the concerns of the 
 parish; so called because they used ordi- 
 narily to meet in the vestry of the church. 
 Cowell. 
 
 VESTUE. Clothed. Contract vestue, a 
 clothed contract. The opposite of nue, 
 naked or nude. Britt. c. 28. 
 
 VE8TURA. A crop of grass or corn. Cow- 
 ell. Also a garment; metaphorically applied 
 to a possession or seisin. 
 
 VESTURA TERRAE. 
 
 Land." 
 
 See "Vesture of 
 
 VESTURE. In old English law. Profit of 
 land. "How much the vesture of an acre is 
 worth.'' Cowell. 
 
 VESTURE OF LAND. A phrase Including 
 all things, trees excepted, which grow upon 
 the surface of the land and clothe it ex- 
 ternally. 
 
 He who has the vesture of land has a 
 right, generally, to exclude others from en- 
 tering upon the superficies of the soil. Co. 
 Litt. 4b; Hammond, N. P. 151. See 7 East, 
 200; 1 Vent. 393; 2 RoUe, Abr. 2. 
 
 VETERA STATUTA (Lat.) The name ol 
 Vetera statuta — ancient statutes — ^has been 
 given to the statutes commencing with 
 Magna Charta, and ending with those of 
 Edward II. Crabb, Hist. Eng. Law, 222. 
 
 VETITUM NAMIUM (Law Lat. vetitum, 
 forbidden, namium, taking). Where the 
 bailiff of a lord distrains beasts or goods of 
 another, and the lord forbids the bailiff to 
 deliver them when the sheriff comes to make 
 replevin, the owner of the cattle may de- 
 mand satisfaction in plaeitum de vetito 
 namio. 2 Inst. 140; Rec. in Thesaur. Scacc; 
 2 Bl. Comm. 148. 
 
 VETO (Lat. I forbid). A term Including 
 the refusal of the executive officer whose as- 
 sent is necessary to perfect a law which has 
 been passed by the legislative body, and the 
 message which is usually sent, stating such 
 refusal, and the reasons therefor. 
 
 By the constitution of the United States 
 government, the president has a power to 
 prevent the enactment of any law, by refus- 
 ing to sign the same after its passage, un- 
 less it be subsequently enacted by a vote of 
 two-thirds of each house. Const. U. S. art. 
 1, § 7. When a bill is engrossed, and has re- 
 ceived the sanction of both houses, it is 
 transmitted to the president for his appro- 
 bation. If he approves of it, he signs it. If 
 he does not, he sends it, with his objections, 
 to the house in which it originated, and that 
 house enter the objections on their journal, 
 and proceed to reconsider the bill. See 
 Story, Const. § 878; 1 Kent, Comm. 239. 
 Similar powers are possessed by the govern- 
 ors of many of the states. 
 
 The veto power of the British sovereign 
 has not been exercised for more than a cen- 
 tury. It was exercised once during the reign 
 of Queen Anne. 10 Edinb. Rev. 411; Parke. 
 Leet. 126. But anciently the king frequently 
 replied, Le roy s'avisera, which was in effect 
 withholding his assent. In France the king 
 had the initiative of all laws, but not the 
 veto. See 1 TouUier, Dr. Civ. nn. 39, 42, 52, 
 note 3. 
 
 VETUS JUS (Lat.) The old law; old law. 
 A term used in the civil law, sometimes to 
 designate the law of the Twelve Tables, and 
 sometimes merely a law which was in force 
 previous to the passage of a subsequent law. 
 
VETUSTAS 
 
 1058 
 
 VICAKIUS NON HABET 
 
 Oalv. Lex. A law principle or doctrine of 
 long standing. 
 
 VETUSTAS (Lat. from vetus, old). In 
 the civil law. Antiquity; ancient or former 
 law or practice; the same with antiquitas. 
 Inst. 3. 1. 15. 
 
 VEXATA QUAESTIO. A vexed question; 
 a point often discussed, but undertermined. 
 
 VEXATIOUS SUIT. A suit which has been 
 instituted maliciously, and without probable 
 cause, whereby a damage has ensued to the 
 defendant. 
 
 VI AUT CLAM. In the civil law. By 
 force or covertly. Dig. 43. 24. 
 
 VI BONORUM RAPTORUM (Lat.) In the 
 civil law. Of goods taken away by force. 
 The name of an action given by the praetor 
 as a remedy for the violent taking of an- 
 other's property. Inst. 4. 2; Dig. 47. 8; 
 Heinec. Elem. Jur. Civ. lib. 4. tit. 2. 
 
 VI ET ARMIS (Lat.) With force and arms. 
 With actual or implied force. 18 111. 203; 
 147 111. 340. See Trespass. 
 
 VIA (Lat.) A cart way, which also in- 
 cludes a foot way and a horse way. See 
 "Way." 
 
 VIA ANTIQUA VIA EST TUTA. The old 
 way is the safe way. 1 Johns. Ch. (N. Y.) 
 527, 530. 
 
 VIA PUBLICA (Lat.) In the civil law. A 
 public way or road, the land itself belong- 
 ing to the public. Dig. 43. 8. 2. 21. 
 
 VIA REGIA (Lat.) In Etaglish law. The 
 king's highway for all men. Co. Litt. 56a. 
 The highway or common road, called "the 
 king's" highway, because authorized by 
 him, and under his protection. Cowell. 
 Called also via regalis. Fleta, lib. 1. c. 24, 
 § 8. 
 
 VIA TRITA EST TUTISSIMA. The beat- 
 en road is the safest. 10 Coke, 142; 4 Maule 
 & S. 168. 
 
 VIA TRITA, VIA TUTA. The old way is 
 the safe way. 5 Pet. (U. S.) 223. 
 
 VIABILITY (from the French vie). Capa- 
 bility of living. A term used to denote the 
 power a new-born child possesses of con- 
 tinuing its independent existence. 
 
 That a child may be viable, it is neces- 
 sary that not only the organs should be 
 in a normal state, but likewise all the 
 physiological arid pathological causes which 
 are capable of opposing the establishment 
 or prolongation of its life be absent. 
 
 Although a child may be born with every 
 appearance of health, yet, from some mal- 
 formation, it may not possess the physical 
 power to maintain life, but which must 
 cease from necessity. Under these circum' 
 stances, it cannot be said to exist more than 
 temporarily, — no longer, indeed, than is 
 
 necessary to prove that a continned exist- 
 ence is impossible. 
 
 It is important to make a distinction be- 
 tween a viable and a nonviable child, al- 
 though the latter may outlive the former. 
 The viable child may die of some disease on 
 the day of its birth, while a nonviable child 
 may live a fortnight. The former possesses 
 the organs essential to life, in their integ- 
 rity; while the latter has some imperfec- 
 tion which prevents the complete establish- 
 ment of life. 
 
 As it is no evidence of nonviability that 
 a child dies within a few hours of its birth, 
 neither is it a proof of viability if a child 
 appears to be well, and the function of 
 respiration be fully established. 
 
 There are many affections which a child 
 may have at birth that are not necessarily 
 mortal, such as transposition of some of the 
 organs, and other malformations. There are 
 also many diseases which, without being 
 necessarily mortal, are an impediment to 
 the establishment of independent life, affect- 
 ing different parts of the system, such as 
 inflammation, in addition to many malfor- 
 mations. There is a third class, in which 
 are many affections that are necessarily 
 mortal, such as a general softening of the 
 mucous^^ membrane of the stomach and in- 
 testines' developed before birth, or the ab- 
 sence of the stomach, and a number of 
 other malformations. These distinctions 
 are of great importance; for children af- 
 fected by peculiarities of the first order 
 must be considered as viable; affections of 
 the second may constitute extenuating cir- 
 cumstances in questions of infanticide; 
 while those of the third admit of no dis- 
 cussion on the subject of their viability. 
 
 The question of viability presents itself 
 to the medical jurist, under two aspects, — 
 first, with respect to infanticide, and, sec- 
 ond, with respect to testamentary grants 
 and inheritances. Billard, Infants (Trans- 
 lation by James Stewart, M. D.) Appendix; 
 Briand, Med. Leg. lere Partie, c. 6, art. 2. 
 See 2 Savignay, Dr. Rom. Append. III., 
 for a learned discussion of this subject. 
 
 VIABLE (Lat. vitae haMlis, capable of 
 living). A term applied to a child who is 
 born alive in such an advanced state of 
 formation as to be capable of living. Un- 
 less he is born viable, he acquires no rights, 
 and cannot transmit them to his heirs, and 
 is considered as if he had never been born. 
 
 VIAE SERVITUS (Lat.) A right of way 
 over another's land. 
 
 VIANDER. In old English law. A return- 
 ing officer. 7 Mod. 13. 
 
 VICARAGE. In ecclesiastical law. The 
 living out benefice of a vicar, usually con- 
 sisting of the small tithes. 1 Bum, Ecc. 
 Law, 75, 79. 
 
 VICARIUS NON HABET VICARIUM. A 
 deputy cannot appoint a deputy. Branch, 
 
VICE 
 
 1068 
 
 VIDE 
 
 Max. 88; Broom, Leg. Max. (8d London 
 Ed.) 758; 2 Bonv. Inst, note 1300,. 
 
 VICE (Lat.; ablative of vicis, place). In 
 the place or stead. Vice mea, in my place. 
 Used in the composition of words denoting 
 a delegated or depnted authority. 
 
 A term used in the civil law and in Lou- 
 isiana, by which is meant a defect in a 
 thing; an imperfection. For example, epi- 
 lepsy in a slave, roaring and crib biting 
 in a horse, are vices. Rfedhibitory vices 
 are those for which the seller will be com- 
 pelled to annul a sale and take back the 
 thing sold. Poth. Vente, 203; Civ. Code 
 La. arts. 2498-2507. 
 
 VICE-ADMIRALTY COURTS. In English 
 law. Courts established in the queen's pos- 
 sessions beyond the seas, with jurisdiction 
 over maritime causes, including those re- 
 lating to prize. 3 Steph. Comm. 435; 3 Bl. 
 Comm. 69. 
 
 VICE CHAMBERLAIN. A great officer 
 under the lord chamberlain, who, in the ab- 
 sence of the lord chamberlain, has the con- 
 trol and command of the offices appertain- 
 ing to that part of the royal household 
 which is called the "chamber." Cowell. 
 
 VICE CHANCELLOR. An equity judge 
 who acts as assistant to the chancellor, 
 holding a separate court, from which an 
 appeal lies to the chancellor. 
 
 VICE CHANCELLOR OF THE UNIVER- 
 
 sities. See "Chancellors' Courts in the Uni- 
 versities." 
 
 VICE COMES (Lat.) The sherifE. 
 
 VICE COMES DICITUR QUOD VICEM 
 comitis suppleat. "Vice comes" (sheriff) is 
 so called because he supplies the place of 
 the "comes" (earl). Co. Litt. 168. 
 
 VICE COMES NON MISIT BREVE (Lat. 
 the sheriff did not send the writ). An entry 
 made on the record when nothing has been 
 done by virtue of a writ which has been 
 directed to the sheriff. 
 
 VICE COMITISSA (Law Lat.) In old Eng- 
 lish law. A viscountess. Spelman. Vice 
 eomitissa dotissa, viscountess dowager. 
 Com. 185. 
 
 VICE CONSTABLE OF ENGLAND. An 
 ancient officer in the time of Edward IV. 
 
 VICE CONSUL. An officer who performs 
 the duties of a consul within a part of the 
 district of a consul, or who acts in the 
 pl^ce of a consul. See 1 Phil. Ev. 306. 
 
 VICE DOMINUS. In Saxon law. A gover- 
 nor of a province. 
 
 VICE GERENT. A deputy or lieutenant. 
 
 VICE MARSHAL. An officer who was ap- 
 pointed to assist the earl marshal. 
 
 VIOE-PRINOIPAL. One who performs per- 
 sonal duties of the master which cannot 
 be delegated, as distinguished from a fore- 
 man or superior servant. 216 111. 628. 
 
 VICE VERSA (Lat.) On the contrary; on 
 opposite sides. 
 
 VICEROY. One empowered to act in 
 place of the king; as a colonial governor. 
 
 VICINAGE. The neighborhood; the venue. 
 
 VICINETUM (Lat.) The neighborhood; 
 vicinage; the venue. Co. Litt. 158i). 
 
 VICINI VICINIORA PRAESUMUNTUR 
 
 scire. Neighbors are presumed to know 
 things of the neighborhood. 4 Inst. 173. 
 
 VICINIA (Lat. from vicirms, near). In 
 the civil law. Nearness of dwelling; neigh- 
 borhood; a neighborhood; a neighboring 
 place. Distinguished from confinium, as 
 being applied to urban estates. Calv. Lex. 
 
 VICINITY. The term does not denote so 
 close a connection as "neighborhood." 190 
 111. 625. 
 
 VICIOUS INTROMISSION. In Scotch law. 
 A meddling with the movables of a de- 
 ceased, without confirmation or probate of 
 his will or other title. Wharton. 
 
 VICIS ET VENELLIS MUNDANDIS. An 
 
 ancient writ against the mayor or bailiff of 
 a town, etc., for the clean keeping of their 
 streets and lanes. Reg. Orig. 267. 
 
 VICOUNTIEL. Belonging to the sheriff. 
 
 VICOUNTIEL JURISDICTION. That ju. 
 risdiction which belongs to the officers of a 
 county; as sheriffs, coroners, etc. 
 
 VICTUS (Lat.) In the civil law. Sus- 
 tenance; support; the means of living. The 
 word included everything necessary to the 
 support of human life (gwae ad vivendum 
 homini necessaria sunt). Dig. 50. 16. 43. 
 
 VI DAME. In French feudal law. Orig- 
 inally, an officer who represented the bishop, 
 as the viscount did the count. In process of 
 time, these dignitaries erected their offices 
 into fiefs, and became feudal nobles, such 
 as the vidame of Chartres, Rheims, etc.; 
 continuing to take their titles from the seat 
 of the bishop whom they . represented, al- 
 though the lands held by virtue of their 
 fiefs might be situated elsewhere. Brande. 
 
 A chief in the neighborhood of a church 
 or abbey, who acted as its protector. Steph. 
 Lect. 236. 
 
 Blackstone, quoting Camden, makes vi- 
 dame to be a title in old English law, synon- 
 ymous with that of valvasor, 1 Bl. Comm. 
 403. 
 
 VIDE (Lat.) A word of reference. Vide 
 ante, or vide supra, refers to a previous 
 passage, vide post, or vide infra, to a subse- 
 quent passage^ in a book. 
 
VIDEBIS EA SAEPE COMMITTI 1060 
 
 VILLA EST EX PLURIBUS 
 
 VIDEBIS EA SAEPE COMMITTI, QUAE 
 saepe vlndlcantur. You will see those things 
 frequently committed which are frequently 
 punished. 3 Inst. Epilog. 
 
 VIDELICET (Lat.) A Latin adverb, signi- 
 fying to wit, that is to say, namely | scilicet. 
 This word is usually abbreviated viz. 
 
 The office of the videlicet is to mark that 
 the party does not undertake to prove the 
 precise circumstances alleged; and in such 
 cases he is not required to prove them. 
 Steph. PI. 309; 7 Cow. (N. Y.) 42; 4 Johns. 
 (N. Y.) 450; 3 Term R. 67, 643;- 8 Taunt. 
 107; Greenl. Ev. § 60; 1 Litt. (Ky.) 209. 
 See Yelv. 94; 3 Saund. 291a, note; 4 Bos. & 
 P. 465; Dane, Abr. Index; 2 Pick. (Mass.) 
 214, 222; 16 Mass. 129. 
 
 VIDETUR QUI SURDUS ET MUTUS NE 
 poet faire alienation. It seems that a deaf 
 and dumb man cannot alienate. 4 Johns. 
 Ch. (N. Y.) 441, 444. 
 
 VIDIMUS. We have seen. A species of 
 exemplification of the enrollment of char- 
 ters, etc. An inspeximus (q. v.) 
 
 VIDUA REGIS. In old English law. A 
 king's widow. The widow of a tenant in 
 capite. So called because she was not al- 
 lowed to marry a second time without the 
 king's permission; obtaining her dower also 
 from the assignment of the king, and hav- 
 ing the king for her patron and defender. 
 Spelman. 
 
 VIDUITY. Widowhood. 
 
 VIE (Fr.) Life. See "Pur Autre Vie." 
 
 VIEW. Inspection; a prospect. 
 
 Every one is entitled to a view from his 
 premises; but he thereby acquires no right 
 over the property of his neighbors. "The 
 erection of buildings which obstruct a man's 
 view, therefore, is not unlawful, and such 
 buildings cannot be considered a nuisance. 9 
 Coke, 58b. See "Ancient Lights;" "Nui- 
 sance." 
 
 In Practice. In most real and mixed 
 
 actions, in order to ascertain the identity of 
 land claimed with that in the tenant's pos- 
 session, the tenant is allowed, after the de- 
 mandant has counted, to demand a view of 
 the land in question, or, if the subject of 
 claim be rent, or the like, a view of the 
 land out of which it issues. Viner, Abr.; 
 Comyn, Dig.; Booth, 37; 2 Saund. 45b; 1 
 Reeve, Hist. Eng. Law, 435. The term is 
 also sometimes applied to the practice of 
 sending the jury, in the custody of an of- 
 ficer, to the scene of the transaction in- 
 volved in the action, that they may be the 
 better able to understand the evidence. It 
 may also be ordered in a criminal trial to 
 instruct the jury in respect to the place. 
 
 VIEW AND DELIVERY. When a right of 
 common is exercisable not over the whole 
 waste, but only in convenient places indi- 
 cated from time to time by the lord of the 
 manor or his bailiff, it is said to be exer- 
 
 cisable after "view and delivery." Elton, 
 Commons, 233. 
 
 VIEW, DEMAND OF. In real actions, the 
 defendant was entitled to demand a view, 
 that is, a sight of the thing, in order to as- 
 certain its identity and other circumstances; 
 as, if a real action were brought against a 
 tenant, and such tenant did not exactly 
 know what land it was that the demandant 
 asked, then he might pray the view, which 
 was that he might see the land which the 
 demandant claimed. Brown. 
 
 VIEW OF AN INQUEST. A view or in- 
 spection taken by a jury, summoned upon 
 an inquisition or inquest, of the place or 
 property to which the inquisition or inquiry 
 refers. Brown. 
 
 VIEW OF FRANK PLEDGE. In English 
 law. An examination to see if every free- 
 man within the district had taken the oath 
 of allegiance, and found nine freemen 
 pledges for his peaceable demeanor. 1 
 Reeve, Hist. Eng. Law, 7. It took place, 
 originally, once in each year, after Michael- 
 mas, and subsequently twice, after Easter 
 and Michaelmas, at the sheriff's tourn or 
 court leet at that season held. See "Court 
 Leet;" "Sheriflf's Tourn." 
 
 VIEWERS. Persons appointed by the 
 courts to see and examine certain matters, 
 and make a report of the facts, together 
 with their opinion, to the court. In practice, 
 they are usually appointed to lay out roads, 
 and the like. 
 
 VIGILANTIBUS ET NON DORMIENTI- 
 bus jura subserviunt. The laws serve the 
 vigilant, not those who sleep. 2 Bouv. Inst, 
 note 2327. See "Laches;" Broom, Leg. Max. 
 (3d London Ed.) 799. 
 
 VIGORE CUJUS (Law Lat.) By force 
 whereof. 1 Ld. Rayrn. 412. 
 
 VMS ET MODIS (Lat.) In the ecclesi- 
 astical_courts, service of a decree or cita- 
 tion viis et modis, i. e., by all "ways and 
 means" likely to affect the party with 
 knowledge of its contents, is equivalent to 
 substituted service in the temporal courts, 
 and is opposed to personal service. Phillim. 
 Ecc. Law, 1258, 1283. 
 
 VI LL. In England, this word was used to 
 signify the parts into which a hundred or 
 wapentake was divided. Fortesc. c. 24. See 
 Co. Litt. 115b. It also signifies a town or 
 city. Barr. Obs. St. 133. 
 
 VILLA EST EX PLURIBUS MANSIONI- 
 bus vicinata, et collata ex plurlbus vicinis, 
 et sub appellatlone villarum continentur 
 burgi et civitates. VIU Is a neighborhood of 
 many mansions, a collection of many neigh- 
 bors, and under the term of "vills," bor- 
 oughs and cities are contained. Co. Litt. 
 115. 
 
VILLAGE 
 
 1061 VINDICATORY PARTS OP LAWS 
 
 VILLAGE. Any small assemblage of 
 houses for dwelling or business, or both 
 whether incorporated or not, 76 Minn. 469; 
 79 N. W. 510, or whether situated upon 
 regularly laid out streets or not. 71 111. 
 569; 27 111. 49. 
 
 The word "village" has different mean- 
 ings, and the sense in which it is employed 
 must be determined from the context. 273 
 111. 180. 
 
 "Towns" will include "villages," 125 Ga. 
 559; 54 S. E. 539, but the terms are not 
 synonymous within the meaning of the law. 
 197 111. 452. 
 
 Villages are auxiliaries of the govern- 
 ment in the important business of munici- 
 pal rule, 17 Wall. 328; agencies in the ad- 
 ministration of civil government; public 
 corporations partaking of the nature of 
 municipal corporations in their incidents. 
 77 Me. 530; 1 Atl. 689, 690. 
 
 VILLAIN. An epithet used to cast con- 
 tempt and contumely on the person to whom 
 it is applied. 
 
 To call a man a villain, in a letter writ- 
 ten to a third person will entitle him to an 
 action without proof of special damages. 1 
 Bos. & P. 331. 
 
 VILLANIS REGIS SUBTRACTIS REDU- 
 
 cendls. A writ that lay for the bringing 
 back of the king's bondmen that had been 
 carried away by others out of his manors 
 whereto they belonged. Reg. Orig. 87. 
 
 VILLANUM SERVITIUM (Law Lat.) In 
 old English law. Villein service. Fleta, lib. 
 3, c. 13, § 1. 
 
 VILLEIN (vffis, base or •yiZte, estate). A 
 person attached to a manor, who was sub- 
 stantially in the condition of a slave, who 
 performed the base and menial work upon 
 the manor for the lord, and was generally 
 a subject of property, and belonging to 
 him. 1 Washb. Real Prop. 26. 
 
 The feudal villein of the lowest order, 
 unprotected as to property, and subject to 
 the most ignoble services. But his circum- 
 stances were very different from the slave 
 of the Southern states, for no person was, 
 in the eye of the law, a villein, except as 
 to his master; in relation to all other per- 
 sons he was a freeman. Litt. Ten. §§ 189, 
 190; Hallam, View Mid. Ages, vol. 1, 122, 
 124; Id. vol. 2, 199. 
 
 VILLEIN IN GROSS. A villein annexed 
 to the person of the lord, and transferable 
 by deed from one person to another. Litt. 
 § 181. 
 
 VILLEIN REGARDANT. A villein an- 
 nexed to the manor or land; a serf. 
 
 VILLEIN SERVICES. Base, but certain 
 and determined, services. 1 Steph. Comm. 
 (7th Ed.) 187. 
 
 VILLEIN SOCAGE (Saxon, soc, free, or 
 Lat. 80ca, a plough). The villeins, from 
 
 living on one piece of land, came at last 
 to be allowed to hold it by tenure of vil- 
 leinage, e. g., uncertain menial services. 
 These services at last became fixed; the 
 tenure was then called "villein socage." 1 
 Washb. Real Prop. 26. 
 
 VILLENAGIUM (Law Lat.) In old Eng- 
 lish law. Villenage; the condition or ten- 
 ure of a villein; bondage. Glanv. lib. 5, c. 1. 
 
 VILLENOUS JUDGMENT. In old English 
 law. A judgment given by the common law 
 in attaint, or in cases of conspiracy. 
 
 Its effects were to make the object of it 
 lose his liberam legem, and become infa- 
 mous. He forfeited his goods and chattels, 
 and his lands during life; and this bar- 
 barous judgment further required that his 
 lands should be wasted, his houses razed, 
 his trees rooted up, and that his body should 
 be cast into prison. He could not be a juror 
 or witness. Burrows, 996, 1027; 4 Bl. 
 Comm. 136. 
 
 VIM VI REPELLERE LICET, MODO 
 flat moderamine inculpatae tutelae, non ad 
 sumendam vindictam, sed ad repulsandam 
 Injurlam. It is lawful to repel force by 
 force; but let it be done with the self-con- 
 trol of blameless defense, — not to take re- 
 venge, but to repel injury. Co. Litt. 162. 
 
 VINCULACION. In Spanish law. An en- 
 tail. Schmidt, Civ. Law, 308. 
 
 VINCULO. In Spanish law. The bond, 
 chain, or tie of marriage. White, New Re- 
 cop, bk. 1, tit. 6, c. 1, § 2. 
 
 VINCULO MATRIMONII. See "Divorce." 
 
 VINCULUM (Lat.) A chain; a connected 
 series; a connection or relation. See "Con- 
 sanguinity." 
 
 A bond; a band; a tie. Vinculum matri- 
 m.onii, the bond or tie of marriage; the mat- 
 rimonial obligation. 
 
 The binding force of law. Ohligatio est 
 juris vinculum,, obligation is a bond of law, 
 or legal tie. Bracton, fol. 99. 
 
 VINDEX. In the civil law, a defender. 
 
 VINDICARE (Lat.) In the civil law. To 
 claim, or challenge; to demand one's own; 
 to assert a right in or to a thing; to assert 
 or claim a property in a thing; to claim a 
 thing as one's own. Calv. Lex. To avenge; 
 to punish. 
 
 VINDICATIO (Lat.) In the civil law. The 
 claiming a thing as one's own; the assert- 
 ing of a right or title in or to a thing. 
 
 The name of an action in rem, by which 
 a right or thing was claimed. Inst. 4. 6. 15. 
 
 VINDICATION. In civil law. The claim 
 made to property by the owner of it. 1 
 Bell, Comm. (5th Ed.) 281. See "Revendi- 
 cation." 
 
 VINDICATORY PARTS OF LAWS. The 
 
 sanction of the laws, whereby it is signified 
 
VINDICTA 
 
 losa 
 
 VIS EXTUBRATIVA 
 
 what evil or penalty shall be iiKiurred by 
 such as commit any public wrongs, and 
 transgress or neglect their duty. 1 Steph. 
 Comm. 37; 1 Brown & H. Coram. 50-1. 
 
 VINDICTA. In Roman law. A rod or 
 wand, and, from the use of that instrument 
 in their course, various legal acts came to 
 be distinguished by the term; e. g., one of 
 the three ancient modes of manumission was 
 by the vindicta; also the rod or wand inter- 
 vened in the progress of the old action of 
 vindicatio, whence the name of that action. 
 Brown. 
 
 VINDICTIVE DAMAGES. EJxemplary ^ or 
 punitive damages. 
 
 VIOL (Fr.) In French law. Rape. Barr. 
 Obs. St. 139. 
 
 VIOLENCE. The abuse of force. Theorie 
 des Lois Criminelles, 32. That force which 
 is employed against common right, against 
 the laws, and against public liberty. Mer- 
 lin, Kepert. The term is synonjrmous with 
 "physical force." 31 Conn. 212. See "Force." 
 
 VIOLENT PRESUMPTION. A strong or 
 necessary presumption. 3 Bl. Comm. 371; 
 Burr. Circ. Ev. 60. 
 
 VIOLENT PROFITS. In Scotch law. The 
 gains made by a tenant holding over are so 
 called. Ersk. Inst. 2. 6. 64. 
 
 VIOLENTA PRAESUMPTIO ALIQUAN- 
 do est plena probatio. Violent presumption 
 is sometimes full proof. Co. Litt. 6b. 
 
 VIPERINA EST EXPOSITIO QUAE COR- 
 rodlt viscera textus. That is a viperous ex- 
 position which gnaws or eats out the bow- 
 els of the text. 11 Coke, 34. 
 
 VIR ET UXOR CENSENTUR IN LEGE 
 
 una persona. Husband and wife are consid- 
 ered one person in law. Co. Litt. 112 ; Jenk. 
 Cent. Cas. 27. 
 
 VIR ET UXOR SUNT QUASI UNICA 
 persona, quia caro et sanguis unus; res licet 
 sit propria uxoris, vir tamen ejus custos, 
 cum sit caput mulleris. Man and wife are, 
 as it were, one person, because only one 
 flesh and blood; although the property may 
 be the wife's, the husband is keeper of it, 
 since he is the head of the wife. Co. Litt. 
 112. 
 
 VIR MILITANS DEO NON IMPLICETUR 
 secuiaribus negotlis. A man fighting for God 
 must not be involved in secular business. 
 Co. Litt. 70. 
 
 VIRES ACQUIRIT EUNDO. It gains 
 strength by continuance. 1 Johns. Ch. (N. 
 Y.) 231, 237. 
 
 VIRGA. An obsolete word, which signifies 
 a rod of staff, such as sheriffs, bailiffs, and 
 constables carry as a badge or ensign of 
 their office. 
 
 VIRGATA REGIA (Law Lat.) In old Eng- 
 lish law. The royal verge; the verge; the 
 bounds of the king's household, within which 
 the court of the steward had jurisdiction. 
 Crabb, Hist. Eng. Law, 185. A space of 
 twelve leagues in circuit arotmd the king's 
 palace or residence. Fleta, lib. 2, o. 2, § 2; 
 Id. c. 4, § 2. 
 
 VIRGE, TENANT BY. A species of copy- 
 holder, who holds by the virge or rod. 
 
 VIRGO INTACTA. A pure virgin. 
 
 VIRIDARIO ELIGENDO. A writ for choice 
 of a verderer in the forest. Reg. Orig. 177. 
 
 VlRILIA^(Lat.) The privy members of a 
 man. Bracton, lib. 3, p. 144. 
 
 VIRTUS. (Lat.) In old English practice. 
 The substance or tenor. 
 
 VIRTUTE CUJUS. , By virtue whereof. 
 This was the clause iii a pleading justify- 
 ing an entry upon land, by which the party 
 alleged that it was in virtue of an order 
 from one entitled \that he entered. 
 
 VIRTUTE OFFICII (Lat.) By virtue of his 
 office. A sheriff, a constable, and some 
 other officers may virtute officii apprehend 
 a man who has been guilty of a crime in 
 their presence. 
 
 VIS (Lat. force). Any kind of force, vio- 
 lence, or disturbance relating to a man's 
 person or his property. 
 
 VIS ABLATIVE (Lat.) In the civil law. 
 Ablative force; force which is exerted in 
 taking away (auprendo) a thing from an- 
 other. Calv. Lex. 
 
 VIS ARM ATA. In the civil and old Eng- 
 lish law. Armed force; force exerted by 
 means of arms, weapons, or anything that 
 can hurt or injure. 
 
 ViS CLANDESTINA (Lat.) In old Eng- 
 lish law. Clandestine force; such as is used 
 by night. Bracton, fol. 162. 
 
 VIS COMPULSIVA. In civil and old Eng- 
 lish law. Compulsive force ; that which is 
 exerted to compel another to do an act 
 against his will; force exerted by menaces 
 or terror. Bracton, fol. 162. 
 
 VIS DIViNA (Lat.) In the civil law. Di- 
 vine or superhuman force; the act of God, 
 Dig. 19. 2. 25. 6. 
 
 VIS EXPULSIVA (Lat.) In old English 
 law. Expulsive force; force used to expel 
 another, or put him out of his possession. 
 Bracton contrasts it with vis simplex, and 
 divides it into expulsive force with arms, 
 and expulsive force without arms. Bracton, 
 fol. 162. 
 
 VIS EXTURBATIVA (Lat.) In the civil 
 law. Exturbative force; force used to thrust 
 out {exturbare) another. Force used be- 
 tween two contending claimants of pos- 
 
VIS FLUMINIS 
 
 1063 
 
 VISNE 
 
 SMsion, the one endeavoring to thrust out 
 the other. Calv. Lex. 
 
 VIS FLUMINIS (Lat.) In the civil law. 
 The force of a river or stream; the force 
 exerted by the rapidity or magnitude of a 
 current of water. 
 
 VIS IMPRESSA (Lat.) Immediate force; 
 original force. This phrase is applied to 
 cases of trespass when a question arises 
 whether an injury has been caused by a di- 
 rect force, or one which is indirect. When 
 the original force, or vis impre'ssa, had 
 ceased to act before the injury commenced, 
 then there is no force, the effect is mediate, 
 and the proper remedy is trespass on the 
 case. 
 
 When the injury is the immediate con- 
 sequence of the force, or vis proxima, tres- 
 pass, vi et armis lies. 3 Bouv. Inst, note 
 3483; 4 Bouv. Inst, note 3583. 
 
 VIS INERMIS. In old English law. Un- 
 armed foVce; the opposite of "vis armata." 
 Bracton, fol. 162. 
 
 VIS INJURIOSA. In old English law. 
 Wrongful force; otherwise called "illicita" 
 (unlawful). Bracton, fol. 162. 
 
 VIS INQUIETATIVA. In the civil law. 
 Disquieting force. Calv. Lex. Bracton de- 
 fines it to be where one does not permit 
 another to use his possession quietly and 
 in peace. Bracton, fol. 162. 
 
 VIS LAICA. In old English law. Lay 
 force; an armed force used to hold pos- 
 session of a church. Reg. Orig. 59, 60. 
 
 VIS LEGIBUS EST INIMICA. Force is In- 
 imicial to the laws. 3 Inst. 176. 
 
 VIS LICITA. In old English law. Lawful 
 force. Bracton, fol. 162. 
 
 VIS MAJOR (Lat.) A superior force. In 
 law it signifies inevitable accident. 
 
 This term is used in the civil law in 
 nearly the same way that the words "act 
 of God" (q. V.) are used in the common 
 law. Generally, no one is responsible for an 
 accident which arises from the vis major; 
 but a man may be so where he has stipu- 
 lated that he would, and when he has been 
 guilty of a fraud or deceit. 2 Kent, Comm. 
 448; Poth. Pret a Usage, notes 48, 60; 
 Story, Bailm. §25. 
 
 VIS PERTURBATIVA (Lat.) In old 
 English law. Perturbative force. Force 
 used between parties contending for a pos- 
 session; or, as Bracton explains it, where 
 one contends that he possesses the thing, 
 though he has not the right, and the other 
 asserts that be is in possession, since he 
 has the right (ubi quie contendit sepossi- 
 dere earn jus non habeat, et alius dioat se 
 esse in poasesBiane, cum jus habeat) . Brac- 
 ton, fol, 162. 
 
 VIS PROXIMA (Lat.) Immediate force. 
 See "Vis Impressa." 
 
 VIS SIMPLEX, m old Biigllsh law. Simple 
 or mere force. Distinguished by Bracton 
 from "vis armata," and also from "vis 
 expuUiva." Bracton, fol. 162. 
 
 VISA. In civil law. The formula put 
 upon an act; a register; a commercial book, 
 in order to approve of it and authenticate 
 it. 
 
 VISCOUNT (Lat. vice comes). This name 
 was made use of as an arbitrary title of 
 honor, without any offfice pertaining to it, 
 by Henry VI. for the first time. The sheriff 
 or earl's deputy holds the office of vice 
 comes, of which viscount is a translation, 
 but used, as we have just seen, in a differ- 
 ent sense. The dignity of a viscount is 
 next to an earl. 1 Bl. Comm. 397. 
 
 VISE. An indorsement on a passpqrt by 
 the authorities, denoting that it has been 
 examined, and that the person who bears it 
 is permitted to proceed on his journey. 
 Webster. 
 
 VISINETUS (L. Lat.) In old English law. 
 Venue. 
 
 VISITATION. The act of examining into 
 the affairs of a corporation. 
 
 The power of visitation is applicable only 
 to ecclesiastical and eleemosynary corpora- 
 tions. 1 Bl. Comm. 480; 2 Kyd, Corp. 174. 
 The visitation of civil corporations is by 
 the government itself, through the medium 
 of the courts of justice. See 2 Kent, Comm. 
 240. 
 
 VISITATION AND SEARCH. In interna- 
 tional law. The right of a belligerent to 
 board neutral private vessels on the high 
 seas, or in the waters of either belligerent, 
 and examine their papers and cargo. See 
 Wheaton, Int. Law, §525; Hall, Int. Law, 
 p. 724. 
 
 VISITATION BOOKS. Compilations made 
 out or collected by the heralds in the cir- 
 cuits which their commissions authorized 
 them to make, for the purpose of inquir- 
 ing into the state of families and register- 
 ing marriages and descents which were 
 verified to them by oath. They are good 
 evidence of pedigree. 3 Bl. Comm. 105. 
 
 VISITER. An Inspector of the govern- 
 ment, of corporations, or bodies politic. 1 
 Bl. Comm. 482. See Dane, Abr. Index; 7 
 Pick. (Mass.) 303; 12 Pick. (Mass.) 244. 
 
 VISNE. The neighborhood; a neighbor- 
 ing place; a place near at hand; the venue. 
 
 Formerly the visne was confined to the 
 immediate neghborhood where the cause of 
 action arose, and many verdicts were dis- 
 turbed because the visne was too large, 
 which becoming a great grievance, several 
 statutes were passed to remedy the evil. 
 21 Jac. I. 0. 13, gives aid after verdict, 
 where the visne is partly wrong, — that is, 
 where It is warded out of too many or too 
 few places in the county named. 16 & 17 
 
VISUS 
 
 1064 
 
 VOIDABLE 
 
 Car. II. c. 8, goes further, and cures de- 
 fects of the visne wholly, so that the cause 
 is tried by a jury of the proper county. 
 See "Venue." 
 
 VISUS (Lat.) In old English practice. 
 View; inspection, either of a place or per- 
 son. 
 
 Examination or inspection by jurors of 
 the subject of an action. Fleta, lib. 4, 
 c. 6, § 1 et seq. See "Vew." 
 
 vrSUS TERRAE (L. Lat.) In old Eng- 
 lish practice. View of land. Stat. Westm. 
 2, c. 48. 
 
 VITILITIGATION. Cavilous litigation. Ob- 
 solete. Webster. 
 
 VITIOUS INTROMISSION. See "Vicious 
 
 Intromission." 
 
 VITIUM CLER1CI NOCERE NON DEBET. 
 
 Clerical errors ought not to prejudice. 
 Jenk. Cent. Cas. 23; Dig. 34. 5. 8. 
 
 VITIUM EST QUOD FUGI DEBET, NE, 
 si rationem non invenias, mox legem sine 
 ratione esse dames. It is a fault which 
 ought to be avoided, that if you cannot 
 discover the reason, you should presently 
 exclaim that the law is without reason. El- 
 lesmere, Postn. 86. 
 
 VITIUM SCRIPTORIS. In old English 
 law. The fault or mistake of a writer or 
 copyist; a clerical error. Gilb. For. Rom. 
 185. 
 
 VIVA AQUA. In the civil law. Living 
 water; running water; that which issues 
 from a spring or fountain (quae fonte 
 exit). Calv. Lex. 
 
 VIVA PECUNIA (Law Lat.) In old Eng- 
 lish law. Live cattle. See "Pecunia." 
 
 VIVA VOCE (Lat. with the living voice). 
 Verbally. It is said a witness delivers his 
 evidence viva voce when he does so in open 
 court. The term is opposed to "deposition." 
 It is sometimes opposed to "ballot;" as, the 
 people vote by ballot, but their representa- 
 tives in the legislature vote viva voce. 
 
 VIVA VOX (Lat.) The living voice; oral 
 utterance, as distinguished from written 
 words. Hence the common phrase, viva 
 voce, by word of mouth. 
 
 VIVARIUM, or VIVARY (Lat. from vivus, 
 alive). 
 
 In the Civil Law. An inclosed place, 
 
 where live wild animals are kept. Calv. 
 Lex.; Spelman; A. Gell. Noct. Att. ii. 20. 
 
 In Old English Law. A place in land 
 
 or water where living things are kept; a 
 vivary. Most commonly in law it signifies 
 a park, warren, or fishery. In the statute 
 of Merton (c. 11) it is taken for a warren 
 and fishery. 2 Inst. 100; Fleta, lib. 2, c. 
 41, §2. 
 
 VIVUM VADIUM. See "Vadium Vivum." 
 
 VIX (Lat.) Scarcely; hardly; rarely. - 
 
 VIX ULLA LEX FIERI POTEST QUAE 
 omnibus commoda sit, sed si major! parti, 
 prospiciat, utilis est. Scarcely any law can 
 be made which is beneficial to all; but if 
 it benefit the majority, it is useful. Plowd. 
 369. 
 
 VOCABULA ARTIS (Lat.) Words of art; 
 "vocables" of art; technical terms. Co. Litt. 
 pref.; 5 Coke, 121b. 
 
 VOCABULA ARTIUM EXPLICANDA 
 sunt secundum definitiones prudentium. 
 Terms of art should be explained according 
 to the definitions of those who are most ex- 
 perienced in that art. Puffendorff, de Off. 
 Horn. lib. 1, c. 17, §3; Grotius de Jure 
 Belli, lib. 2, c. 16, § 3. 
 
 VOCARE AD CURIAM. In feudal law. To 
 summon to court. Feud. lib. 2, tit. 22. 
 
 VOCATIO IN JUS (Lat.) In Roman law. 
 According to the practice in the legis ac- 
 tiones of the Roman law, a person having 
 demand against another verbally cited him 
 to go with him to the praetor; in jus 
 eanrns; in jus te voco. This was denomi- 
 nated vocatio in jus. If a person thus 
 summoned refused to go, he could be com- 
 pelled by force to do so, unless he found 
 a vindex, — that is, a procurator, or a per- 
 son to undertake his cause. When the 
 parties appeared before the praetor, they 
 went through the particular formalities re- 
 quired by the action applicable to the cause. 
 If the cause was not ended the same day, 
 the parties promised to appear again at 
 another day, which was called vadimonium. 
 See Matt. v. 25. 
 
 VOCIFERATIO (Lat.) In old English law. 
 Outcry; hue and cry. Cowell. 
 
 VOCO (Lat.) In civil and old English law. 
 I call; I summon; I vouch. In jus voco te, 
 I summon you to court; I summon you be- 
 fore the praetor. The formula by which a 
 Roman action was anciently commenced. 
 Adams, Rom. Ant. 242. Voco talem, I call 
 or vouch such a one. The old formula of 
 vouching to warranty. Bracton, fol. 382b. 
 
 VOID. That which has no force or effect. 
 "Void" is often loosely used in varied mean- 
 ings, and applied indiiferently to a thing 
 which has no force or effect, and is an 
 absolute nullity, or to that which by reason 
 of some inherent vice or defect, may be 
 adjudged void by a court when the ques- 
 tion is presented to it; 214 111. 395; often 
 used in the sense of "voidable" (a. v.) 44 
 Pa. St. 15. 
 
 VOIDABLE. That which has some force 
 or effect, but which, in consequence of some 
 inherent quality, may be legally annulled 
 or avoided. 
 
 The steps to avoid it must be taken 
 by the proper party and by means of a 
 
VOILOIR 
 
 1065 
 
 VOLUNTAS IN DELICTIS 
 
 direct attack upon it. 156 III. 644; 181 
 111. App. 58; 252 111. 42. 
 
 VOILOIR, Voillour. L. Fr. In old Eng- 
 lish law. A will; a testament. Eelham. 
 
 VOIR DIRE. A preliminary examination 
 of a witness or venireman to ascertain 
 whether he is competent. 
 
 VOLENTI NON FIT INJURIA. He who 
 consents cannot receive an injury. 2 Bouv. 
 Inst, notes 2279, 2327; Broom, Leg. Max. 
 (3d London Ed.) 245; Shelf. Mar. & Div. 
 449; Wingate, Max. 482; 4 Term R. 657; 
 Plowd. 501. 
 
 VOLO (Lat.) I will; I wish or desire. One 
 of the appropriate words used in Roman 
 testaments to create a trust. Inst. 2. 24. 
 8. Bracton uses it as a term of conveyance. 
 Bract, fol. 18b. 
 
 VOLUIT SED NON DIXIT. He willed, but 
 did not say. 4 Kent, Comm. 538. 
 
 VOLUMEN (Lat. from 'WoZvere, to roll.) In 
 the civil law. A volume; so called from its 
 form, being rolled up. 
 
 VOLUMUS. We will. The first word of a 
 clause in the royal writs of protection and 
 letters patent. 
 
 VOLUNTARIUS DAEMON. A drunkard. 
 Co. Litt. 247a. 
 
 VOLUNTARY. Willingly; done with one's 
 consent; negligently. Wolff. § 5. 
 
 VOLUNTARY ANSWER. In chancery 
 practice. An answer put in by a defendant, 
 when the plaintiff had filed no interrogato- 
 ries which required an answer. 
 
 VOLUNTARY ASSIGNMENT. An assign- 
 ment made by a debtor in trust for the 
 benefit of his creditors. So called in con- 
 tradistinction from "compulsory assign- 
 ments," or such as are made under statutes 
 of bankruptcy and insolvency, or by order 
 of some competent court. Burrill, Assignm. 
 p. 4; 10 Paige (N. Y.) 445; 1 Comst. (N. 
 Y.) 201. 
 
 VOLUNTARY CONVEYANCE. The trans- 
 fer of an estate made without any adequate 
 consideration of value. 
 
 VOLUNTARY DEPOSIT. In civil law. A 
 deposit which is made by the mere consent 
 or agreement of the parties. 1 Bouv. Inst, 
 note 1054. See "Deposit." 
 
 VOLUNTARY ESCAPE. The giving to a 
 prisoner voluntarily any liberty not author- 
 ized by law. 5 Mass. 310; 2 Chipm. (Vt.) 
 11; 3 Har. & J. (Md.) 559; 2 Har. & G. 
 (Md.) 106; 2 Bouv. Inst, note 2332. See 
 "Escape." 
 
 VOLUNTARY IGNORANCE. A wlUing 
 omission to learn or know. 
 
 VOLUNTARY JURISDICTION, In eccle- 
 siastical law. That kind of jurisdiction 
 which requires no judicial proceedings; as, 
 the granting letters of administration and 
 receiving the probate of wills. 
 
 VOLUNTARY MANSLAUGHTER. See 
 "Manslaughter." 
 
 VOLUNTARY NONSUIT. In practice. The 
 abandonment of his cause by a plaintiff, 
 and an agreement that a judgment for 
 costs be entered against him. 3 Bouv. 
 Inst, note 3306. 
 
 VOLUNTARY OATH. An oath taken in 
 some extrajudicial matter, or before some 
 magistrate or officer who cannot compel it 
 to be taken. 
 
 VOLUNTARY PAYMENT. That made by 
 free will and choice. Not compelled by 
 process or force. 
 
 VOLUNTARY REDEMPTION. In Scotch 
 law. Where a mortgagee receives the sum 
 due into his own hands, and discharges the 
 mortgage, without any consignation. Bell, 
 Diet 
 
 VOLUNTARY SALE. One made freely, 
 without constraint, by the owner of the 
 thing sold. 1 Bouv. Inst, note 974. 
 
 VOLUNTARY SETTLEMENT. A trans- 
 action whereby a grantor makes and exe- 
 cutes a deed which he does not deliver to 
 the grantee, but leaves it with a notary 
 with instructions to record the deed after 
 the death of the grantor is a voluntary set- 
 tlement. 216 111. 164. 
 
 VOLUNTARY WASTE. That which is 
 either active or willful, in contradistinction 
 to that which arises from mere negligence, 
 which is called "permissive" waste. 2 Bouv. 
 Inst. 2394 et seq. See "Waste." 
 
 VOLUNTAS DONATORIS, IN CHARTA 
 don! sul manlfeste expressa observetur. The 
 will of the donor, clearly expressed in the 
 deed, should be observed. Co. Litt. 21a. 
 
 VOLUNTAS EST JUSTA SENTENTIA 
 de eo quod quis post mortem suam fieri veiit. 
 A will is an exact opinion or determination 
 concerning that which each one wishes to be 
 done after his death. 
 
 VOLUNTAS ET PROPOSITUM DISTIN- 
 guunt maieficla. The will and the proposed 
 end distinguish crimes. Bracton, 2b, 136b. 
 
 VOLUNTAS FACIT QUOD IN TESTA- 
 mento scriptum valeai. The will of the tes- 
 tator gives validity to what is written in 
 the will. Dig. 3D. 1. 12. 3. 
 
 VOLUNTAS IN DELICTIS NON EXITUS 
 spectatur. In offenses, the will, and not the 
 consequences, are to be looked to. 2 Inst. 
 57. 
 
VOLUNTAS REPUTABATUR 
 
 1066 VULGARIS OPINIO EST DUPLEX 
 
 VOLUNTAS REPUTABATUR PRO FAC- 
 
 to. The will Is to be taken for the deed. 
 3 Inst. 69. 
 
 VOLUNTAS TESTATORIS AMBULATO- 
 ria est usque ad mortem. The will of a tes- 
 tator is ambulatory until his death; that is, 
 he may change it at any time. See 1 Bouv. 
 Inst, note 83; 4 Coke, 61. 
 
 VOLUNTAS TESTATORIS HABET IN- 
 terpretationem latam et benignam. The will 
 of a testator has a broad and liberal inter- 
 pretation. Jenk. Cent. Cas. 260; Dig. 50. 17. 
 
 12. 
 
 VOLUNTAS ULTIMA TESTATORIS EST 
 perimplenda secundum veram intentionem 
 suam. The last will of a testator is to be 
 fulfilled according to his true intention. Co. 
 Litt. 322. 
 
 VOLUNTEER. 
 
 ——In Conveyances. 
 
 Persons who receive a voluntary convey- 
 ance. 
 
 It is a general rule of the courts of 
 equity, that they will not assist a mere vol- 
 unteer who has a defective conveyance. 
 Fonbl. Eq. bk. 1, c. 5, § 2. And see the note 
 there for some exceptions to this rule. See, 
 generally, 1 Madd. 271; 1 Supp. Ves. Jr. 
 320; 2 Supp. Ves. Jr. 321; Powell, Mortg. 
 Index; 4 Bouv. Inst, notes 3968-3973. 
 
 Rendition of Services. One who in- 
 troduces himself into matters which do not 
 concern him, and does, or undertakes to 
 do, something which he is not bound to do 
 or which it is not in pursuance or protec- 
 tion of any interest of the master, and 
 which is undertaken in the absence of any 
 peril requiring him to act as on an emer- 
 gency. 279 111. 17. 
 
 One who has no interest in the work 
 being done; a person who gives his services 
 without any express or implied promise of 
 remuneration in return. 82 111. App. 674. 
 
 In Military Law. Persons who, in 
 
 time of war, voluntarily enlist in the mili- 
 tary service. 
 
 Their rights and duties are prescribed by 
 the municipal laws of the different states, 
 but when in actual service, they are sub- 
 ject to the laws of the United States and 
 the articles of war. 
 
 VOTE. Suffrage; the voice of an individ- 
 ual in making a choice by many. The total 
 number of voices given at an election; as, 
 the presidential vote. 
 
 VOTING TRUST. A voting trust may be 
 comprehensively defined as one created by 
 an agreement between a group of the stock- 
 holders of a corporation and the trustee, 
 or by a group of identical agreements be- 
 tween individual stockholders and a com- 
 mon trustee, whereby upon certain contin- 
 gencies or under certain circumstances, it 
 is provided that control over the stock 
 owned by such stockholders shall be lodged 
 in the trustee, either with or without a 
 
 reservation to the owners or persona deslg>- 
 nated by them of the power to direct how 
 such control shall he used. 3 Fletcher 
 Cyclopedia Corporations 2871. 
 
 VOTUM. A vow or promise. Dies voto- 
 mm, the wedding day. Fleta, 1, 4. 
 
 VOUCHEE. In common recoveries, the 
 person who is called to warrant or defend 
 the title is called the "vouchee." 2 Bouv. 
 Inst, note 2093. 
 
 In Accounts. An account book in 
 
 which are entered the acquittances or war- 
 rants for the accountant's discharge. Any 
 acquittance or receipt which is evidence of 
 pajrment, or of the debtor's being dis- 
 charged. See 3 Halst. (N. J.) 299; 1 Mete. 
 (Mass.) 218. 
 
 VOUCHER. The ordinary meaning of 
 "voucher" is a document which shows that 
 services have been performed or expenses 
 incurred. It covers any acquittance or re- 
 ceipt discharg:ing the person or evidencing 
 payment by him. When used in connection 
 with the disbursement of moneys it implies 
 some instrument that shows on what ac- 
 count or by what authority a particular 
 payment has been made, or that services 
 have been performed which entitle the party 
 to whom it is issued to payment. It vouches 
 for the truth of accounts or estimates. 136 
 111. App. 465. 
 
 In Old Conveyancing. The person on 
 
 whom the tenant to the praecApe calls to 
 defend the title to the land, because he is 
 supposed to have warranted the title to him 
 at the time of the original purchase. 
 
 The person usually employed for this pur- 
 pose is the crier of the court, who is there- 
 fore called the "common voucher." Cruise, 
 Dig. tit. 36, c. 3, i 1; 22 Viner, Abr. 26; 
 Dane, Index. See "Recovery." 
 
 VOUCHER TO WARRANTY. The calling 
 one who has warranted lands, by the party 
 warranted, to come and defend the suit for 
 him. Co. Litt. 101b. 
 
 VOUS VEIES (VOIES, or VEITZ) BIEN 
 
 coment (Law Pr. you see well how). For- 
 mal words anciently used by counsel in ad- 
 dressing the court. Y. B. T. 1 Edw. III. 9; 
 Y. B. H. 2 Edw. III. 9; Y. B. P. 8 Edw. 
 m. 23; Y. B. M. 4 Hen. VL 1. 
 
 VOX (L. Lat.) In old practice. Speech; 
 saying; statement. Fleta, lib. 2, c. 61, § 1; 
 c. 63, § 9. 
 
 VOX EMISSA VOLAT; LITERA SCRIP- 
 
 ta manet. Words spoken vanish; words 
 written remain. A written contract cannot 
 be varied by parol proof. Broom, Leg. Max. 
 (3d London Ed.) 594; 1 Johns. (N. Y.) 
 571, 572. 
 
 VULGARIS OPINIO EST DUPLEX, VIZ., 
 orta Inter graves et discretes, quae multum 
 verltatis habet, et opinio orta Inter leves et 
 vulgares homines absque specie verltatis. 
 
VULGARIS PURGATIO 
 
 1067 
 
 VYGINE 
 
 Gommon opinion is of two kinds, viz., that 
 which arises among grave and discreet men, 
 which has much truth in it, and that which 
 arises among light and common men, with- 
 out any appearance of truth. 4 Coke, 107. 
 
 VULGARIS PURGATIO (Law Lat.) In old 
 English law. Gbmmon purgation; a name 
 given to the trial by ordeal, to disting^uish it 
 from the canonical purgation, which was by 
 the oath of the party. 4 Bl. Comm. 342. 
 
 VULGO CONCEPTI (Lat.) In the civil 
 law. Spurious children; bastards; those 
 
 who cannot point out their father, or, ff 
 they can, have him for a father whom it is 
 not lawful t6 have (qui patrem demonstrare 
 non possv/nt, vel qui possunt quidem, Bed 
 eum habent quern habere non licet). Dig. 
 L 5. 23. 
 
 VULGO QUAESITI (Lat.) In the civil law. 
 Spurious children; literally, gotten from 
 the people; the offspring of promiscuous 
 cohabitation, who are considered as having 
 no father. Inst. 3. 4. 3; Id. 3. 5. 4. 
 
 VYCINE (Law Fr.; Lat. vicinus). A 
 neighbor. Dyer, 36b (Fr. Ed.) 
 
WACREOUR 
 
 1068 
 
 WAGES 
 
 w 
 
 WACREOUR (Law Fr.) In old English 
 law. A vagabond or vagrant. De wacreours 
 per pays. Britt. c. 29. 
 
 WADIUS, Wadium. L. Lat. In old Euro- 
 pean law. A pledge. Spelman. 
 
 WADSET. In Scotch law. A right by 
 ■which lands or other heritable subjects are 
 impignorated by the proprietor to his cred- 
 itor in security of his debt. Like other her- 
 itable rights, it is protected by seisin. 
 
 Wadsets, by the present practice, are com- 
 monly made out in the form of mutual con- 
 tracts, in which one party sells the land, 
 and the other grants the right of reversion. 
 Ersk. Inst. 2. 8. 1. 2. 
 
 Wadsets are proper where the use of the 
 land shall go for the use of the money; im- 
 proper where the reverser agrees to make 
 up the deficiency; and where it amounts to 
 more, the surplus profit of the land is ap- 
 plied to the extinction of the principal. 
 Ersk. Inst. 2. 8. 12. 13. 
 
 WADSETTER. In Scotch law. A creditor 
 to whom a wadset is made. 
 
 WAFTORS. Conductors of vessels at sea. 
 Cowell. 
 
 WAGE. To give a pledge or security for 
 the performance of anything; as to wage 
 or gage deliverance to wage law, etc. Co. 
 Litt. 294. This word is but little used. 
 
 WAGER. A wager is a contract by which 
 two or more parties agree that a certain 
 sum of money or other thing shall be paid 
 or delivered to one of them on the happen- 
 ing of an uncertain event. 75 111. 560; 78 
 111. App. 241; 113 111. 239. 
 
 A bet (q. v.) 
 
 WAGER OF BATTEL. A superstitious 
 mode of trial which formerly disgraced the 
 English law. 
 
 The last case of this kind was commenced 
 in the year 1817 but not proceeded in to 
 judgment; and at the next session of the 
 British parliament an act was passed to 
 abolish appeals of murder, treason, felony, 
 or other offenses, and wager of battel, or 
 joining issue or trial by battel, in writs of 
 right. 59 Geo. III. c. 46. For the history 
 of this species of trial, see 3 Bl. Comm. 
 337; 4 Bl. Comm. 347; Enc. "Gage de 
 Bataille;" Steph. PL 122, and Append, note 
 35. 
 
 WAGER OF LAW. In old practice. An 
 oath taken by a defendant in an action of 
 debt that he does not owe the claim, sup- 
 ported by the oaths of eleven neighbors. 
 
 When an action of debt is brought against 
 a man upon a simple contract, and the de- 
 fendant pleads nil debet, and concludes his 
 
 plea with this plea, with this formula, "And 
 this he is ready to defend against him the 
 said A. B. and his suit, as the court of 
 our lord the king here shall consider," etc., 
 he is then put in sureties {vadios) to wage 
 his law on a day appointed by the judge. 
 The wager of law consists in an oath taken 
 by the defendant on the appointed day, and 
 confirmed by the oaths of eleven neighbors 
 or compurgators. This oath had the effect 
 of a verdict in favor of the defendant, and 
 was only allowed in the actions of debt 
 on simple contract and detinue; nor was it 
 allowed to any one not of good character. 
 In consequence of this privilege of the de- 
 fendant, assumpsit displaces debt as a form 
 of action on simple contracts, and, instead 
 of detinue, trover was used. But in Eng- 
 land, wager of law was abolished by 3 & 4 
 Wm. IV. c. 42, § 13. And even before its 
 abolition it had fallen into disuse. It was 
 last used as a method of defense in 2 Barn. 
 & C. 538, where the defendant offered to 
 wage his law, but the plaintiff abandoned 
 the case. This was in 1824. If it ever had 
 any existence in the United States, it is now 
 completely abolished. 8 Wheat. (U. S.) 642. 
 The name (in law Latin, vadiatio legis) 
 comes from the defendant's being put in 
 pledges (vadios) to make his oath on the 
 appointed day. There was a similar oath in 
 the Roman law, and in the laws of most 
 of the nations that conquered Rome. It was 
 very early in use in England, as Glanville 
 distinctly describes it. Glanv. lib. 1, c. 9, 
 12. See Steph. PI. 124, 250, and note xxxix.; 
 2 Inst. 119; Mod. Entr. 179; Lilly, Entr. 
 467; 3 Chit.' PI. 497; 13 Viner, Abr. 58; 
 Bac. Abr.; Dane, Abr. Index. For the origin 
 of this form of trial, see Steph. PI. note 
 xxxix.; Co. Litt. 394, 395; 3 Bl. Comm. 341. 
 
 WAGER POLICY. In insurance law. A 
 policy without any real interest to support 
 it; a policy in which the insured has no 
 interest, being in fact nothing more than a 
 wager or bet between the parties, whether 
 such a voyage would be performed, or such 
 a ship arrive safe. 3 Kent, Comm. 277, 278. 
 A mere hope or expectation, without some 
 interest in the subject matter, is a wager 
 policy. Id. 275. Mr. Amould defines a 
 wager policy to be "one in which the par- 
 ties, by express terms, disclaim, on the 
 face of it, the intention of making a con- 
 tract of indemnity." 1 Arnould, Ins. 276 
 (281, Perkins Ed.) Policies of this kind are 
 now generally held to be illegal. Id. 285 
 (289) ; 1 Duer, Ins. 93-95, 154, 155. 
 
 WAGERING CONTRACTS. See "Gam- 
 bling Contract." 
 
 WAGES. A compensation given to a hired 
 person for manual or other inferior serv- 
 ices. 
 
WAIFS 
 
 1069 
 
 WANG 
 
 The term "wages" does not include "sal- 
 ary," and the term "wages earned" is an 
 apt expression in regard to laborers who 
 are only entitled to pay for services act- 
 ually rendered, but is entirely inappropriate 
 when used concerning public officers or 
 clerks who receive annual salaries, which 
 are not due until the end of the year, and 
 who are entitled to be paid so long as they 
 hold their offices, without regard to the 
 services rendered. 25 Abb. N. C. (N. Y.) 
 368. See "Salary." 
 
 WAIFS. Stolen goods waived or scattered 
 by a thief in his flight in order to effect his 
 escape. 
 
 Such goods, by the English common law, 
 belong to the king. 1 Bl. Comm. 296; 5 
 Coke, 109; Cro. Eliz. 694. This prerogative 
 has never been adopted here against the 
 true owner, and never put in practice 
 against the finder, though against him 
 there would be better reason for adopting 
 it. 2 Kent, Comm. 292. See Comyn, Dig.; 
 1 Brown, Civ. Law, 239, note. 
 
 WAIN ABLE. In old records. That may 
 be plowed or manured; tillable. Cowell; 
 Blount. 
 
 WAINAGE. In old English law. The team 
 and instruments of husbandry belonging to 
 a countryman, and especially to a villein 
 who was required to perform agricultural 
 services. 
 
 WAINAGIUM (Saxon woeg; Lat. vagina). 
 What is necessary to the farmer for the 
 cultivation of his land. Barr. Obs. St. p. 
 12; Magna Charta, c. 14. According to 
 Selden and Lord Bacon, it is not the same 
 as contenementum, used in the same chap- 
 ter of Magna Charta,. meanmg the power 
 of entertaining guests, or countenance, 
 as common people say. 
 
 WAITING CLERKS. Officers whose duty 
 it formerly was to wait in attendance upon 
 the court of chancery. The office was abol- 
 ished in 1842 by St. 5 & 6 Vict. c. 103. 
 Mozley & W. 
 
 WAIVE. A term applied to a woman as 
 "outlaw" is applied to a man. A man is an 
 outlaw; a woman is a waive. Crabb. 
 
 To abandon or forsake a right. 
 
 To abandon without right; as, if the 
 felon waives,— that is, leaves any goods 
 in his flight from those who either pursue 
 him, or are apprehended by him so to do, — 
 he forfeits them, whether they be his own 
 goods, or goods stolen by him." Bac. Abr. 
 "Forfeiture" (B). 
 
 WAIVER. The voluntary surrender and 
 relinquishment of a right. 29 Minn. 191. 
 The intentional relinquishment of a known 
 right. 153 111. 468. 
 
 It is a somewhat narrower term than 
 "abandonment" (q. v.) and is applied to 
 rights, not to property. 
 
 To constitute a waiver proper, there 
 must ordinarily be a valuable consideration 
 (75 N. Y. 453), a full knowledge of the 
 right to be waived (48 N. Y. 399), and an 
 actual intent to waive (15 Gray [Mass.] 
 229) ; but where there are circumstances 
 of estoppel, i. e., where a party has misled 
 another to his prejudice as to intent to 
 insist on a right, it amounts to a. waiver, 
 irrespective of Intent (7 Lea [Tenn.] 467), 
 or consideration (30 N. Y. 164) ; and there 
 are certain acts to which the law imputes 
 the character of a waiver, irrespective of 
 intent, as the right to a dilatory plea is 
 waived by pleading to the merits (29 Conn. 
 82). 
 
 Unless affected by the statute of frauds 
 (9 Wend. [N. Y.] 79), no special formali- 
 ties are required, and even a writing under 
 seal may be waived by parol (101 U. S. 
 527). 
 
 WAIVIARE. (L. Lat.) In old English 
 law. To waive; to throw away; to forsake, 
 or abandon. Spdman. 
 
 WAKE MAN. The chief magistrate of 
 Ripon, in Yorkshire. Camd. Brit. 
 
 WAKENING. In Scotch law. The revival 
 of an action. 
 
 An action is said to sleep when it lies 
 over, not insisted on for a year, in which 
 case it is suspended. Ersk. Inst. 4. 1. 
 33. With us a revival is by scire facias. 
 
 WALAPAUZ (Lomb.) In old Lombardlc 
 law. The disguising the head or face, with 
 the intent of committing a theft. LL. Lon- 
 gobard, tit. 15, cap. ult. 
 
 WALESCHERY. The being a Welshman. 
 Spelman. 
 
 WALISCUS. In Saxon law. A servant or 
 any ministerial officer. Cowell. 
 
 WALKERS. Foresters who have the care 
 of a certain space of ground assigned to 
 them. Cowell. 
 
 WALLA, or WALLIA (Law Lat.; from 
 Saxon wal; Lat. vallum). In old English 
 law. A bank of earth cast up for a mound, 
 or boundary; a wall; a sea wall. 2 Hon. 
 Angl. 920; Cowell; Spelman, voc. Wallia. 
 
 WAND OF PEACE. In Scotch law. The 
 wand which the messenger carries along 
 with his blazon, in executing a caption, and 
 with which he touches the prisoner. A slid- 
 ing along this staff of a movable ring, or 
 the breaking of the staff, is a protest that 
 the officer has been resisted or deforced. 
 Burton, Law Scot. p. 572; Bell, Diet. "Im- 
 prisonment." 
 
 WANG (Saxon). In old English law. A 
 fleld. Blount. 
 
 The cheek or jaw wherein the teeth are 
 set. "Hence, with Chaucer," says Blount, 
 "we call the cheek teeth or grinders 'wangs' 
 
WANLASS 
 
 1070 
 
 WARDEN 
 
 and 'wang teeth,' which is also notified in 
 that old way of sealing writings : 
 'And in ' witness that this is sooth, 
 I bite the wax with my wang tooth.' " 
 
 WANLASS. An ancient customary tenure 
 of lands ; i. e,, to drive deer to a stand, that 
 the lord may have a shot. Blount, Ten. 140. 
 
 WANTON. Reckless; disregarding the 
 rights of others; without reasonable excuse. 
 See 14 Tex. App. 201. The act must be 
 intentional, witjh design, and under cir- 
 cumstances evincing a reckless destructive 
 spirit. 147 Wis. 70, 75. It is not synony- 
 mous with "wilful." 28 Ind. 290. 
 
 WAPENTAKE (from Saxon, waperii i. e., 
 armatura, and tac, i. e., tactus). A Saxon 
 court, held monthly by the alderman for the 
 benefit of the hundred. 
 
 It was called a "wapentake" from "wap- 
 en," arms, and "tac," to touch; because, 
 when the chief of the hundred entered upon 
 his office, he appeared in the field on a cer- 
 tain day, on horseback, with a pike in his 
 hand, and all the principal men met him 
 with lances. Upon this he alighted, and 
 they all touched his pike with their lances, 
 in token of their submission to his author- 
 ity. In this court, causes of great moment 
 were heard and determined, as Mr. Dug- 
 dale has shown from several records. Be- 
 sides which, ' it took cognizance of theft, 
 trials by ordeal, view of frank pledge, and 
 the like; whence after the Conquest it was 
 called the sheriff's tourn, and, as regarded 
 the examination of the pledges, the court 
 of the view of frank pledge. These pledges 
 were no other than the freemen within the 
 liberty, who, according to an institution of 
 King Alfred, were mutually pledged for the 
 good behavior of each other. Fortesc. de 
 Laud. c. 24; Dugd. Orig. Jur, 27; 4 Bl. 
 Comm. 273. Sir Thomas Smith derives it 
 from the custom of taking away the arms, 
 at the muster of each hundred, from those 
 who could not find sureties for good be,- 
 havior. Rep. Angl. lib. 2, c. 16. 
 
 WAR. War is a hostile contest with arms 
 between two or more states or communities 
 claiming sovereign rights. Field, Int. Code, 
 p. 467. 
 
 Classification : 
 
 (1) War is either offensive, defensive, 
 or auxiliary. The distinction between of- 
 fensive and defensive war has been based 
 on the provocation leading to the war, but 
 this test is difficult of application. The 
 most practical test is as to the belligerent 
 in whose territory the war is waged. See 
 Glenn, Int. Law, 169. 
 
 An auxiliary war is one undertaken by 
 a third nation in support of a belligerent. 
 
 (2) War is either public or private, ac- 
 cordingly as it has or has not the sanc- 
 tion of the sovereign power of the state. 
 
 A insurrectionary war in which one par- 
 ty to a gnvernment, and the other is not, 
 htts been called "mixed war." 
 
 (3) War is either perfect (sometimes 
 called "solemn"), or imperfect (sometimes 
 called "unsolemn"), accordingly as it has 
 been declared in due form by the sovereign 
 power, or is limited as respects places or 
 persons. 25 Wend. (N. Y.) 483. 
 
 (4) War is either foreign or civil, ac- 
 cording as it is between independent states, 
 or between a state, as such, and a party 
 or section of its own subjects. Civil war 
 is distinguished from a mere treasonable 
 insurrection only by degree, "by the num- 
 ber, power, and organization of the persons 
 who originate and carry it on." 2 Black 
 (U. S.) 635. 
 
 WAR, ARTICLES OF. See "Articles of 
 War." 
 
 WARACTUM (Law Lat.) In old English 
 law. Fallow; fallow ground. Quando tene- 
 mentum jacet incultum et ad waractum, 
 when the tenement lies untilled, and at 
 fallow. Bracton, fol. 228b. 
 
 WARD. An infant placed by authority of 
 law under the care of a guardian. 
 
 While under the care of a guardian, a 
 ward can make no contract whatever bind- 
 ing upon him, except for necessaries. When 
 the relation of guardian and ward ceases, 
 the latter is entitled to have an account of 
 the administration of his estate from the 
 former. During the existence of this rela- 
 tion, the ward is under the subjection of 
 his guardian, who stands in loco parentis. 
 See "Guardian." 
 
 A subdivision of a city to watch in the 
 daytime, for the purpose of preventing vio- 
 lations of the law. It is the duty of all 
 police oflncers and constables to keep ward 
 in their respective districts. <• 
 
 WARD FEGH. (Saxon.) In old records. 
 Ward fee; the value of a ward, or the 
 money paid to the lord for his redemption 
 from wardship. Blount. 
 
 WARD HOLDING. In old Scotch law. 
 Military tenure by which lands were held. 
 It was so called from the yearly tax In com- 
 mutation of the right to hold vassals' lands 
 during minority. It was abolished in 1747. 
 Burton, Law Scot. p. 375; Bell, Diet. 
 
 WARD IN CHANCERY. An infant who is 
 under the superintendence of the chancellor. 
 
 WARDS AND LIVERIES. In English law. 
 The title qt a court of record established 
 in the reign of Henry VIII. See "Court of 
 Wards and Liveries." 
 
 WARDA (Law Lat.) 
 
 In Old English Law. Ward; guard; 
 
 protection; keeping; custody. Spelman. 
 
 A ward; an infant under wardship. Spel- 
 man. 
 
 In Old Scotch Law. An award; the 
 
 judgment of a court. 
 
 WARDEN. A guardian; a keeper. This is 
 the name given to various officers; as, the 
 
WARDEN OF THE CINQUE 
 
 1071 
 
 WARRANT 
 
 warden of the prison, the wardens of the 
 port of Philadelphia, church wardens. 
 
 WARDEN OF THE CINQUE PORTS. Gov- 
 ernor of the ports of England lying next 
 France, with the authority of admiral, and 
 power of sending out writs in his own name, 
 etc. The constable of Dover Castle is the 
 warden of the Cinque Ports, and was first 
 appointed by William the Conqueror; but 
 John I. granted to the wardens their privi- 
 leges on condition that they should provide 
 a certain number of vesesls for forty days 
 as often as the king should require them. 
 See "Cinque Ports." 
 
 WARDMOTE (from ward, and Saxon 
 mote, or gemote, a meeting). In English 
 law. A court held in every ward in Lon- 
 don. 
 
 The wardmote inquest has power to in- 
 quire into and present all defaults con- 
 cerning the watch and police doing their 
 duty, that engines, etc., are provided 
 against fire, that persons selling ale and 
 beer be honest and suffer no disorders, nor 
 permit ganang, etc., that they sell in law- 
 ful measures, and searches are to be made 
 for beggars, vagrants, and idle persons, 
 etc., who shall be punished. Chart. Hen. 
 II.; Enc. Lond. 185; Cunningham; Whar- 
 ton. See Cowell; 4 Inst. 249; 2 Show. 525; 
 Enp. Lond. 185; Chart. Hen. II. 
 
 WARD PEN NY. Wardage. 
 
 WARDSHIP. 
 
 — ' — In English Law. The right of the lord 
 over the person and estate of the tenant, 
 when the latter was under a certain age. 
 
 In Modern Law. The status of a ward 
 
 (g. V.) 
 
 WARDSHIP IN CHIVALRY. An Incident 
 to the tenure of knight service. 
 
 WARDSHIP IN COPYHOLDS. The lord 
 is guardian of his infant tenant by special 
 custom. 
 
 WARDWIT, WARDWYTE, or WARD- 
 wlte. In old English law. Immunity or ex- 
 emption from the duty or service of ward, 
 or from contributing to such service. Spel- 
 man. Exemption from amercement for not 
 finding a man to do ward. Fleta, lib. 1, c. 
 47, §16; Co. Litt. 83. 
 
 WARDWRIT. The being quit of giving 
 money for the keeping of wards. Spelman. 
 
 WARECTARE. To plough up land de- 
 .signed for wheat in the spring, in order to 
 let it lie fallow for better improvement, 
 which in Kent is called "summer land." 
 
 WAREHOUSE. A place used for the re- 
 ception and storage of goods and merchan- 
 dise. 23 Me. 47. 
 
 WAREHOUSE RECEIPT. A receipt by a 
 warehouseman for chattels placed in his 
 custody. Its return is usually required in 
 
 order to obtali. the propefrty. By custom 
 of trade it has come to be virtually negoti~ 
 able in many instances. Grain, provisions, 
 and many other staple commodities are 
 largely transferred by delivery or indorse- 
 ment of warehouse receipts. 
 
 WAREHOUSEMAN. A person who re- 
 ceives goods and merchandise to be stored 
 in his warehouse for hire. 
 
 WARENTIZARE. L. Lat. In old English 
 law. To warrant; to save one harmless. 
 Spelman. 
 
 WARGUS. (L. Lat.) In old European law. 
 an outcast; an exile; a banished person. 
 
 WARNING. In old English probate prac- 
 tice. A notice to one who had entered a 
 caveat to appear and set forth his interest. 
 Sweet. 
 
 WARNOTH. In old English law. An an- 
 cient custom, whereby, if any tenant hold- 
 ing of the Castle of Dover failed in paying 
 his rent at the day, he should forfeit double 
 and for the second failure, treble, etc. 
 Cowell. 
 
 WARRANDICE. In Scotch law. A clause 
 in a charter of heritable rights, by which 
 the grantor obliges himself that the right 
 conveyed shall be effectual to the receiver. 
 It is either personal or real. A warranty. 
 Ersk. Inst. 2. 3. 11. 
 
 WARRANT. In its broadest sense, "a 
 writing from a competent authority, in pur- 
 suance of law, directing the doing of an 
 act, and addressed to an officer or person 
 competent to do the act, and affording him 
 protection from damage if he does it." 71 
 N. Y. 376. 
 
 In practice, it is largely confined to proc- 
 ess of a criminal or quasi criminal nature, 
 the more important being: 
 
 (1) Warrant of arrest, which is a writ 
 issued by a justice of the peace or other au- 
 thorized officer, directed to a constable or 
 other proper person, requiring him to ar- 
 rest a person therein named, charged with 
 committing some offense, and to bring him 
 before that or some other justice of the 
 peace. 
 
 (2) Bench warrant, which is a process 
 granted by a court, authorizing a proper of- 
 ficer to apprehend and bring before it some 
 one charged with some contempt, crime, or 
 misdemeanor. 
 
 (3) Search warrant, which is a process 
 issued by a competent court or officer, au- 
 thorizing an officer therein named or de- 
 scribed to examine a house or other place 
 for the purpose of finding illicit or contra- 
 band goods or goods which it is alleged have 
 been stolen. 
 
 Municipal Warrants. The name "war- 
 rant" is also given to a class of municipal 
 securities, in the nature of a bill of ex- 
 change, drawn by an officer of a municipal- 
 
WARRANT OF ATTORNEY 
 
 1072 
 
 WARRANTY DEED 
 
 ity upon the treasurer thereof. 19 Wall. 
 (U. S.) 468. 
 
 WARRANT OF ATTORNEY. An instru- 
 ment in writing, addressed to one or more 
 attorneys therein named, authorizing them, 
 generally, _ to appear in any court, or in 
 some specified court, on behalf of the per- 
 son giving it, and to confess judgment in 
 favor of some particular person therein 
 named, in an action of debt, and usually 
 containing a stipulation not to bring any 
 virrit of error, or file a bill in equity, so as 
 to delay him. 
 
 WARRANT OF COMMITMENT. The 
 written authority by which a court em- 
 powers a jailer to commit a person to cus- 
 tody. 
 
 WARRANT TO SUE AND DEFEND. In 
 old practice. A special warrant from the 
 crown, authorizing a party to appoint an 
 attorney to sue or defend for him. Gilb. 
 C. P. 32; 3 Bl. Comm. 25. 
 
 A special authority, given by a party 
 to his attorney, to commence a suit, or to 
 appear and defend a suit, in his behalf. 
 These warrants are now disused, though 
 formal entries of them upon the record 
 were long retained in practice. 1 Burrill, 
 Prac. 39. 
 
 WARRANTEE. One to whom a warranty 
 is made. Shep. Touch. 181. 
 
 WARRANTIA CHARTAE. An ancient and 
 now obsolete writ, which was issued when 
 a man was enfeoffed of land with warranty, 
 and then he was sued or impleaded in as- 
 size or other action, in which he could not 
 vouch or call to warranty. 
 
 It was brought by the feoffor pending 
 the first suit against him, and had this val- 
 uable incident, that when the warrantor 
 was vouched, and judgment passed against 
 the tenant, the latter obtained judgment 
 simultaneously against the warrantor, to 
 recover other lands of equal value. Termes 
 de la Ley; Pitzh. Nat. Brev. 134; Dane, 
 Abr. Index; 2 Rand. (Va.) 141, 148, 156; 
 4 Leigh (Va.) 132; 11 Serg. & R. (Pa.i 
 115; Viner, Abr.; Co. Litt. 100; Hob. 22^ 
 217. 
 
 WARRANTIZARE EST DEFENDERE ET 
 acquietare tenentem, qui warrantum vocavit. 
 In seisina sua; et tenens de re warrant! ex- 
 cambium habebit ad valentiam. To warrant 
 is to defend and insure in peace the ten- 
 ant, who calls for warranty, in his seisin; 
 and the tenant in warranty will have an 
 exchange in proportion to its value. Co. 
 Litt. 365. 
 
 WARRANTOR. One who makes a war- 
 ranty. Shep. Touch. 181. 
 
 WARRANTOR POTEST EXCIPERE 
 quod querens non tenet terram de qua petit 
 warrantiam, et quod donum fult insuffioiens. 
 A warrantor may object that the com- 
 
 plainant does not hold the land of which 
 he seeks the warranty, and that the gift 
 was insufficient. Hob. 21. 
 
 WARRANTY. 
 
 In Insurance. A statement or agree- 
 ment by the insured, which is part of the 
 contract of insurance, and the truth of 
 which is essential to the validity of the 
 policy. 
 
 For the distinction between "warranty" 
 and "representation," see "Representation." 
 
 In Sales of Personal Property. An un- 
 dertaking, express or implied, by which the 
 seller insures the existence of certain facts 
 as to the thing sold. It is an express or 
 implied statement of something which the 
 party undertakes shall be a part of the 
 contract, and, though part of the contract, 
 yet collateral to the express object of it. 
 4 Mees. & W. 404. 
 
 It is express when the undertaking is by 
 express words of the seller; it is implied 
 when it results by inference of law from 
 the nature of the transaction. 
 
 In Sales of Real Property. In old l^w, 
 
 a real covenant, whereby the grantor of an 
 estate of freehold and his heirs were bound 
 to warrant the title, and, either upon vouch- 
 er or by judgment in a writ of warrantia 
 chartae, to yield other lands to the value of 
 those from which there had been an evic- 
 tion by a paramount title. Co. Litt. 365a. 
 
 Collateral warranty existed when the 
 heir's title was not derived from the war- 
 ranting ancestor, and yet it barred the heir 
 from claiming the land by any collateral 
 title, upon the presumption that he might 
 thereafter have assets by descent from or 
 through the ancestor; and it imposed upon 
 him the obligation of giving the warrantee 
 other lands in case of eviction, provided he 
 had assets. 2 Bl. Comm. 301, 302. 
 
 Lineal warranty existed when the heir de- 
 rived title to the land warranted, either 
 from or through the ancestor who made the 
 warranty. 
 
 St. 4 Anne, c. 16, annulled these collat- 
 eral warranties, which had become a great 
 grievance. 
 
 In the United States, warranty in its orig- 
 inal form, it is presumed, has never been 
 known. The more plain and pliable form 
 of a covenant has been adopted in its place ; 
 and this covenant, like all other covenants, 
 has always been held to sound in damages, 
 which, after judgment, may be recov- 
 ered out of the personal or real estate, as 
 in other cases. And in England the matter 
 has become one of curious learning, and of 
 little or no practical importance. See 4 
 Kent, Comm. 469; 3 Rawle (Pa.) 67, note; 
 2 Wheat. (U. S.) 45; 9 Serg. & R. (Pa.) 
 268; 11 Serg. & R. (Pa.) 109; 4 Dall. (Pa.) 
 442; 1 Sumn. (U. S.) 358; 17 Pick. (Mass.) 
 14; 1 Ired. (N. C.) 509; 2 Saund. 38, note 5. 
 
 WARRANTY DEED. One which contains 
 covenants of warranty. 
 
WARRANTY, VOUCHER TO 
 
 1073 
 
 WATER ORDEAL 
 
 WARRANTY, VOUCHER TO. In old prac- 
 tice. The calling a warrantor into court by 
 the party warranted (when tenant in a real 
 action brought for recovery of such lands) , 
 to defend the suit for him (Co. Litt. 101b; 
 Comyn, Dig. "Voucher" [A 1] ; Booth, Real 
 Actions, 43; 2 Saund. 32, note 1), and the 
 time of such voucher is after the demand- 
 ant has counted. 
 
 It lies in most real and mixed actions, but 
 not in personal. Where the voucher has 
 been made and allowed by the court, the 
 vouchee either voluntarily appears, or there 
 issues a judicial writ (called a summons 
 ad warrantizavdum,) , commanding the sher- 
 iff to summon him. Where he, either vol- 
 untarily or in obedience to this writ, ap- 
 pears and offers to warrant the land to the 
 tenant, it is called entering into the war- 
 ranty; after which he is considered as ten- 
 ant in the action, in the place of the orig- 
 inal tenant. The demandant then counts 
 against him de novo, the vouchee pleads to 
 the new count, and the cause proceeds to 
 issue. 
 
 WARREN (Ger. wahren; Pr. garenne). 
 A place privileged by prescription or grant 
 of the king for the preservation of hares, 
 conies, partridges, and pheasants, or any 
 of them. Termes de la Ley. An action lies 
 for killing beasts of warren inside the 
 warren; but they may be killed damage 
 feasant on another's land. 5 Coke, 104. It 
 need not be inclosed. 4 Inst. 318. 
 
 WARSCOT. A contribution usually made 
 towards armor in the time of the Saxons. 
 
 WARTH. A customary payment for cas- 
 tle guard. Cowell. 
 
 WASH TRADES. See "Gambling Con- 
 tract." 
 
 WASHING HORN. The sounding of a 
 horn for washing before dinner. The cus- 
 tom is still observed in the Temple. 
 
 WASTE. Lasting and wrongful injury by 
 the holder of a particular estate to the det- 
 riment of the holder of the reversion or 
 remainder. 
 
 To constitute waste, the injury must be 
 
 wrongful (3 Sup. Ct. N. Y. 60), by the ten- 
 
 , ant, or through his fault (2 Minor, Inst. p. 
 
 529), and must occasion lasting injury to 
 
 the inheritance (1 Washb. Real Prop. 147). 
 
 What constitutes waste in a particular 
 case is a question of fact. 22 N. J. Law, 
 521. 
 
 Waste is distinguished from "trespass" 
 in that the latter is the act of a stranger, 
 while waste is the act of a tenant. 
 
 It is distinguished from "devastavit," 
 which is waste by an executor or adminis- 
 trator. 
 
 (1) Permissive waste consists in the mere 
 neglect or omission to do what will prevent 
 injury (69 Mich. 259), as, to suffer a house 
 to go to decay for the want of repair. And 
 it may be incurred in respect to the soil, as 
 
 well as to the buildings, trees, fences, or 
 live stock on the premises. See "Permissive 
 Waste." 
 
 (2) Voluntary waste consists in the com- 
 mission of some destructive act; as, in pull- 
 ing down a house, or ploughing up a flower 
 garden. 1 Paige, Ch. (N. Y.) 573. 
 
 (3) Equitable waste is such injury to the 
 inheritance as is within the legal right of 
 the tenant, but which a man of ordinary 
 prudence would not commit in the manage- 
 ment of his own property. 29 Law J. Ch. 
 598. 
 
 (4) Meliorating waste is that which in- 
 creases the present value of the estate, but 
 damages the inheritance by charging it with 
 added burden, as by improvement, the un- 
 paid cost whereof is a lien. 
 
 WASTORS. Thieves. Cowell. 
 
 WATCH AND WARD. A phrase used In 
 the English law to denote the superintend- 
 ence and care of certain officers whose 
 duties are to protect the public from harm. 
 
 WATCHMAN. An officer in many cities 
 and towns, whose duty it is to watch dur- 
 ing the night and take care of the property 
 of the inhabitants. 
 
 He possesses, generally, the common-law 
 authority of a constable to make arrests, 
 where there is reasonable ground to suspect 
 a felony, though there is no proof of a fel- 
 ony having been committed. 1 Chit. Crim. 
 Law, 24; 2 Hale, P. C. 96; Hawk. P. C. bk. 
 2, c. 13, § 1, etc.; 1 East, P. C. 303; 2 Inst. 
 52; Comyn, Dig. "Imprisonment" (H 4); 
 Dane, Abr. Index; 3 Taunt. 14; 1 Barn. & 
 Aid. 227; Peake, 89; 1 Moody, C. C. 334; 1 
 Esp. 294. 
 
 WATER BAILIFF. In English law. An 
 officer appointed to search ships in ports. 
 10 Hen. VII. 30. 
 
 WATER BAY LEY. In American law. An 
 officer mentioned in the colony laws of New 
 Plymouth (A. D. 1671), whose duty was to 
 collect dues to the colony for fish taken in 
 their waters. Colony Laws (Ed. 1836) 164, 
 166. Probably another form of water bailiff 
 (q. V.) 
 
 WATERCOURSE. This term Is applied 
 to the flow or movement of the water in 
 rivers, creeks, and other streams. 
 
 Surface water flowing from one tract to 
 another having a fixed and determinate 
 course, so as to uniformly discharge it upon 
 the servient tract at a fixed and definite 
 point, the course thus uniformly followed 
 by the water in its flow is a watercourse. 
 177 111. 140. 
 
 WATER MEASURE. A greater measure 
 than the Winchester, formerly used for 
 selling coals in the pool, etc. 22 Car. II. 
 c. 11. 
 
 WATER ORDEAL. In Saxon and old Eng- 
 lish law. The ordeal or trial by water, 
 
WATERED STOCK 
 
 1074 
 
 WEAR AND TEAR 
 
 which was of two kinds, — by hot water and 
 by cold water. The hot-water ordeal was 
 performed by plunging the bare arm up to 
 the elbow in boiling water, and escaping 
 Unhurt thereby. 4 Bl. Comm. 343; Spelman. 
 The cold-water ordeal was performed by 
 casting the person suspected into a river or 
 pond of cold water, when, if he floated 
 therein, without any action of swimming, 
 it was deemed an evidence of his guilt, but, 
 if he sank, he was acquitted. Id. 
 
 WATERED STOCK. Stock which is 
 issued as fully paid up, when in fact the 
 whole amount of the par value thereof has 
 not been paid in. If any amount less than 
 the whole face value of the stock has not 
 been paid, and the stock has been issued 
 as fully paid, then the stock is watered to 
 the extent of the deficit. Watered stock is, 
 accordingly stock which purports to repre- 
 sent, but does not represent, in good faith, 
 money paid into the treasury of the com- 
 pany, or money's worth actually contrib- 
 uted to the working capital of the concern. 
 188 Mich. 7, 13; Cook on Corporations. See 
 Watering Stock. 
 
 WATERGANG (Law Lat. watergang 
 ium) . A Saxon word for a trench or course 
 to carry a stream of water, such as are 
 commonly made to drain water out of 
 marshes. Ord. Mar. de Rom. Chart. Hen. 
 III. 
 
 WATERGAVEL. A rent paid for ilshing 
 in, or other benefit from, some river. Chart. 
 15 Hen. III. 
 
 WATERING STOCK. Fictitiously increas- 
 ing the capital stock of a corporation. It 
 is commonly done when the ordinary profits 
 exceed an ordinary return on the invest- 
 ment, and as much new stock is then is- 
 sued as will reduce the rate of earnings to 
 normal. See Watered Stock. 
 
 WATERSCAPE. An. aqueduct or passage 
 for water. 
 
 WATLING (orWETLlNG) STREET. One 
 
 of the four great Roman ways or roads 
 in Britain. Cowell; Blount; LL. Gul. Conq. 
 lib. 30; Fleta, lib. 2, c. 61, § 21. Otherwise 
 called "Verlam Street," from its passing 
 through Verulam. Spelman, voc. "Ikenild 
 Street." 
 
 WAVESON. Such goods as appear upon 
 the waves after shipwreck, Jacob. 
 
 WAX SCOT. Duty anciently paid twice 
 a year towards the charge of wax candles 
 in churches. Spelman. 
 
 WAY. A passage, street, or road. 
 
 In its most general sense, it includes both 
 public highways and private ways (Co. 
 Litt. 56a; but it is generally used as sy- 
 nonymous with "private way" (g. v.) See 
 "Way from Necessity." 
 
 WAY BILL. A writing in which are set 
 down the names of passengers who are car- 
 ried in a public conveyance, or the descrip- 
 tion of goods sent with a common carrier 
 by land. When the goods are carried by 
 water, the instrument is called a "bill of 
 lading," and this term is now commonly 
 applied to carriage by land as well. 
 
 WAY FROM NECESSITY. A way which 
 is necessarily incident to a grant and with- 
 out which the grant would be useless. 194 
 111. 250. It arises by implication where the 
 only manner of enjoying the benefit of the 
 grant would be to pass over other lands of 
 the grantor. 222 111. 540; 221 111. 638; 77 
 111. 574. 
 
 WAY-GOING CROP. In Pennsylvania. By 
 the custom of the country, a tenant for a 
 term certain is entitled, after the expiration 
 of his lease, to enter and take away the 
 crop of grain which he had put into the 
 ground the preceding fall. This is called 
 the "way-going crop." 5 Bin. (Pa.) 289; 2 
 Serg. & R. (Pa.) 14; 1 Pa. St. 224. See 
 "Away-Going Crop," 
 
 WAYLEAVE. A right of way over or 
 through land for the carriage of minerals 
 from a mine or quarry. It is an easement 
 ((?. v.), being a species of the class called 
 "rights of way," and is generally created 
 by express grant or reservation. A way- 
 leave rent may be a fixed annual sum, or 
 a sum payable according to the quantity of 
 minerals drawn over the way, or a com- 
 bination of the two. Bainb. Mines (4th 
 Ed.) 211 et seq.; Elph. Conv. 264. 
 
 WAYNAGIUM. Implements of husbandry. 
 1 Reeve, Hist, Eng. Law, c, 5, 268. 
 
 WAYWARDENS, The English highway 
 acts provide that in every parish forming 
 part of a highway district there shall an- 
 nually be elected one or more waywardens. 
 The waywardens so elected, and the jus- 
 tices for the county residing within the dis- 
 trict, form the highway board for the dis- 
 trict. Each waywarden also represents his 
 parish in regard to the levying of the high- 
 way rates, and in questions arising concern- 
 ing the liability of his parish to repairs, etc. 
 Highway Acts 1862, 1863, 1864, 1878. 
 
 WEALD (Sax.) A wood; the woody part 
 of a country, as the weald of Kent. Camd, 
 Brit. 247, 4 Mod, 343, arg. 
 
 WEALREAF. The robbing of a dead man 
 in his grave. 
 
 WEAPON. An instrument of offensive or 
 defensive combat; something to fight with. 
 81 Wis. 243. 
 
 WEAR or WEIR. A great dam made 
 across a river, accommodated for the taking 
 of fish, or to convey a stream to a mill. 
 Jacob. See "Dam." 
 
 WEAR AND TEAR. Deterioration by use. 
 
WED 
 
 1075 
 
 WESTMINSTER THE FIRST 
 
 WED. A covenant or agreement; whence 
 a wedded husband. 
 
 WEDBEDRIP (Sanson). In old English 
 law. A customary service which tenants 
 paid to their lords, in cutting down their 
 corn, or doing other harvest duties; as if 
 a covenant to reap for the lord at the time 
 of his bidding or commanding. Cowell. 
 
 WEEK. A period of time commencing 
 on Sunday morning and ending on Satur- 
 day night. 60 Neb. 260. 
 
 Though it usually means any consecu- 
 tive seven days, it will sometimes be in- 
 terpreted to mean the ordinary notion of a 
 week reckoning from Sunday to Sunday. 24 
 L. J. 368, 416. 
 
 WEIGHAGE. In English law. A duty or 
 toll paid for weighing merchandise. It is 
 called "tronage" for weighing wool at the 
 king's beam, or "pesage" for weighing other 
 avoirdupois goods. 2 Chit. Com. Law, 16. 
 
 WEIGHTS OF AUNCEL. See "Auncel 
 Weight" 
 
 WEIR. See "Wear." 
 
 WELL KNOWING. The technical words 
 to plead scienter. 
 
 WELSH MORTGAGE. In English law. A 
 species of security which partakes of the 
 nature of a mortgage, as there is a debt 
 due, and an estate is given as a security for 
 the repayment, but differs from it in the 
 circumstances that the rents and profits are 
 to be received without account till the prin- 
 cipal money is paid off, and there is no 
 remedy to enforce payment, while the mort- 
 gagor has a perpetual power of redemption. 
 
 It is a species of vivum vadium. Strictly, 
 however, there is this distinction between a 
 Welsh mortgage and a vivum vadium, — in 
 the latter, the rents and profits of the es- 
 tate are applied to the discharge of the 
 principal after paying the interest; while 
 in the former, the rents and profits are re- 
 ceived in satisfaction of his interest only. 1 
 Powell, Mortg. 373a. 
 
 WEND. A certain quantity or circuit of 
 land. Cowell, 
 
 WERE, or WERA. The name of a fine 
 among the Saxons imposed upon a mur- 
 derer. 
 
 The life of every man, not excepting that 
 of the king himself, was estimated at a cer- 
 tain price, which was called the "were," or 
 aestimatio capitis. The amount varied ac- 
 cording to the dignity of the person mur- 
 dered. The price of wounds was also varied 
 according to the nature of the wound, or 
 the member injured. 
 
 WEREGELT THEF (Saxon). In old Eng- 
 lish law. A robber who might be ransomed. 
 Fleta, lib. 1, c. 47, § 13. 
 
 WERELADA. A purging from a crime by 
 the oaths of several persons, according to ■ 
 the degree and quality of the accused. 
 Cowell. 
 
 WERGILD, or WEREGILD. In old Eng- 
 lish law. The price which, in a barbarous 
 age, a person guilty of homicide or other 
 enormous offense was required to pay, in- 
 stead of receiving other punishment. 4 Bl. 
 Comm. 188. 
 
 See, for the etjnnology of this word, and 
 a tariff which was paid for the murder of 
 the different classes of men, Guizot, Essais 
 sur I'Histoire de France, Essai, 4eme, c. 2, 
 §2. » 
 
 WERPIRE (Law Lat.) In old European 
 law. To throw; to throw away; to waive. 
 Spelman. 
 
 WERRA (Law Lat.) In old English law. 
 War; private war, as well as public. Spel- 
 man. 
 
 WERVAGIUM (Law Lat.) In old records. 
 Wharfage; money paid at a wharf for lad- 
 ing or unlading goods. 1 Mon. Angl. 550. 
 Cowell. 
 
 WEST SAXON LAGE. The law of the 
 West Saxons, which was observed in the 
 counties in the south and west of England, 
 from Kent to Devonshire, in the beginning 
 of the eleventh century. Supposed by 
 Blackstone to have been much the same with 
 the laws of Alfred. 1 Bl. Comm. 65. 
 
 WESTMINSTER. A city by express crea- 
 tion of Henry VIII. It was dissolved as a 
 see and restored to the bishopric of London 
 by Edward VI. and turned into a collegiate 
 church, subject to a dean, by Queen Eliza- 
 beth. The superior courts sat here, and the 
 common-law courts have continued to do so, 
 as do still the divisions of the high court of 
 justice which represent them. The chan- 
 cery division, except upon the first day of 
 certain sittings, sits at Lincoln's Inn. 
 Wharton. 
 
 WESTMINSTER THE FIRST. St. 3 
 
 Edw. I., A. D. 1275. This statute, which 
 deserves the name of a code rather than an 
 act, is divided into fifty-one chapters. With- 
 out extending the exemption of churchmen 
 from civil jurisdiction, it protects the prop- 
 erty of the church from the violence and 
 spoliation of the king and the nobles, pro- 
 vides for freedom of popular elections, be- 
 cause sheriffs, coroners, and conservators 
 of the peace were still chosen by the free- 
 holders in the county court, and attempts 
 had been made to influence the election of 
 knights of the shire, from the time when 
 they were instituted. It contains a declara- 
 tion to enforce the enactment of Magna 
 Charta against excessive fines, which might 
 operate as perpetual imprisonment; enum- 
 erates' and corrects the abuses of tenures, 
 particularly as to marriage of wards; reg- 
 ulates the levying of tolls, which were ira- 
 
WESTMINSTER THE SECOND 
 
 1076 
 
 WHITE SPUES 
 
 posed arbitrarily by the barons and by 
 cities and boroughs; corrects and restrains 
 the powers of the king's escheator and other 
 officers; amends the criminal law, putting 
 the crime of rape on the footing to which 
 it has been lately restored, as a most griev- 
 ous, but not capital, offense; and embraces 
 the subject of procedure in civil and crim- 
 inal matters, introducing many regulations 
 to render it cheap, simple, and expeditious. 
 1 Campb. Lives, L. Ch. p. 167; 2 Eeeve, 
 Hist. Eng. Law, c. 9, p. 107. Certain parts 
 of this act are repealed by St. 26 & 27 Vict, 
 c. 125. Wharton. 
 
 WESTMINSTER THE SECOND. St. 13 
 Edw. I. St. 1, A. D. 1285, otherwise called 
 the Statute de Bonis Conditionalibus. See 
 "De Donis, the Statute." See 2 Reeve, Hist. 
 Eng. Law, c. 10, p. 163. Certain parts of 
 this act are repealed by St. 19 & 20 Vict, 
 c. 64, and St. 26 & 27 Vict. c. 125. Whar- 
 ton. 
 
 WESTMINSTER THE THIRD. St. 18 
 Edw. I. St. 1, A. D. 1290. Otherwise called 
 the Statute Quia Emptores. See "Quia Emp- 
 tores." 
 
 WHACK. A slang word meaning to divide 
 into shares; apportion; parcel out; make 
 a division settlement; square accounts; pay. 
 188 Mich. 617, 632. 
 
 WHARF. A space of ground artificially 
 prepared for the reception of merchandise 
 from a ship or vessel, so as to promote the 
 convenient loading and discharging of such 
 vessel. 
 
 A structure on the margin of navigable 
 waters, alongside of which vessels can be 
 brought for the sake of being conveniently 
 loaded or unloaded. 62 Conn. 138; 93 N. Y. 
 151. 
 
 WHARFAGE. The money paid for land- 
 ing goods upon, or loading them from, a 
 wharf. Dane, Abr, Index; 4 Cal. 41, 45. 
 
 WHARFINGER. One who owns or keeps 
 a wharf for the purpose of receiving and 
 shipping merchandise to or from it for hire. 
 
 WHATSOEVER. "Whatsoever," as a rule, 
 excludes any limitation or qualification, 
 and implies that the genus to which it re- 
 lates is to be understood in its utmost gen- 
 erality. 53 L. J. Q. B. 344; 13 Q. B. D. 843; 
 50 L. T. 778; 32 W. R. 813; 48 J. P. 501. 
 
 WHEEL. The punishment of the wheel 
 was formerly to tie a criminal on a wheel, 
 and then to break his bones until he ex- 
 pired. This barbarous punishment was 
 never used in the United States, and it 
 has been abolished in almost every civilized 
 country. 
 
 WHEN. At which time. 
 
 In wills, standing by itself unqualified 
 and unexplained, this is a word of condition, 
 denoting the time at which the gift is' to 
 commence. 6 Ves. 243; 2 Mer. 286. The 
 
 context of a will may show that the word 
 "when" is to be applied to the possession 
 only, not to the vesting of a legacy; but to 
 justify this construction, there must be cir- 
 cumstances, or other expressions in the will. 
 showing such to have been the testator's in- 
 tent. ,7 Ves. 422; 9 Ves. 230; 11 Ves. 489; 
 Cooper, 145; 3 Brown, Ch. 471. For the 
 effect of the word "when" in contracts and 
 in wills in the French law, see 6 TouUier, 
 Dr. Civ. note 520. 
 
 WHEREAS. This word implies a recital, 
 and, in general, cannot be used in the di- 
 rect and positive averment of a fact in a 
 declaration or plea. Those facts which are 
 directly denied by the terms of the general 
 issue, or which may, by the established 
 usage of pleading, be specially traversed, 
 must be averred in positive and direct 
 terms; but facts, however material, which 
 are not directly denied by the terms of the 
 general issue, though liable to be contested 
 under it, and which, according to the usage 
 of pleading, cannot be specially traversed, 
 may be alleged in the declaration by way 
 of recital, under a whereas. Gould, PI. c. 
 43, § 42; Id. c. 3, § 47; Bac. Abr. "Pleas, 
 etc." (B 5, 4) ; 2 Chit. PI. 151, 178, 191. 
 
 WHILE. An adverh expressing duration. 
 246 111. 580. 
 
 During the time that. It seems to neces- 
 sarily imply some degree of continuance. 
 101 111. App. 12; 141 111. 625. 
 
 WHIPPING POST. A post to which crim- 
 inals are tied to inflict the punishment of 
 whipping, which is in use in Delaware, and 
 perhaps one or two other states. 
 
 WHITE ACRE. A fictitious name given 
 to a piece of land, in the English books, for 
 purposes of illustration. See "Black Acre." 
 
 WHITE BONNET. In Scotch law. A ficti- 
 tious bidder at an auction. Where there is 
 no upset price, and the auction is not stated 
 to be without reserve, there is no authority 
 for saying that employment of such person 
 is illegal. Burton, Law Scot. 362. 
 
 WHITE FRIARS. A place in London, be- 
 tween the Temple and Blackfriars, which 
 was formerly a sanctuary, and therefore 
 privileged from arrest. 
 
 WHITE PERSONS. Persons of the Cau- 
 casian race. It excludes Indians, Mongol- 
 ians, etc. 5 Sawy. (U. S.) 115. The gen- 
 eral rule is that a person having three- 
 fourths or more of Caucasian blood is re- 
 garded as white. See 3 Dana (Ky.) 382. 
 
 WHITE RENTS. In English law. Rents 
 paid in silver, and called "white rents," or 
 redditus albi, to distinguish them from other 
 rents which were not paid in money. 2 Inst. 
 19. See "Alba Firma." 
 
 WHITE SPURS. A kind of esquires. 
 Cowell. 
 
WHITEHART SILVER 
 
 1077 
 
 "WILL" 
 
 WHITEHART SILVER. A mulct on cer- 
 tain lands in or near to the forest of White- 
 hart, paid into the exchequer, imposed by 
 Henry III. upon Thomas de la Linda for 
 killing a ■ beautiful white hart which that 
 king before had spared in hunting. Camd. 
 Brit. 150. 
 
 WHITTANWARII (Law Lat.) In old Eng- 
 lish law. A class of offenders who whitened 
 stolen oxhides and horsehides so that they 
 could not be known and identified. Barr. 
 Obs. St. 124, note (f). 
 
 WHOLE BLOOD. Being related by both 
 the father and mother's side. This phrase 
 is used in contradistinction to "half blood," 
 which is relation only on one side. See 
 "Blood." 
 
 WHOLESALE. To sell by wholesale Is to 
 sell by large parcels, generally in original 
 packages, and not by retail. 
 
 WHORE. A woman who practices unlaw- 
 ful commerce with men, particularly one 
 that does so for hire; a prostitute. While 
 a woman may acquire that character with- 
 out being generally accessible to men, as 
 where she is the mistress of one man, yet 
 the term implies the idea that the offenses 
 against chastity on the part of the person 
 to whom it is applied are public and notor- 
 ious, and it is not proper to apply it to a 
 woman who has yielded only to her affianced. 
 43 Iowa 183. 
 
 WHOREDOM. Any act of sexual inter- 
 course between a married female and a male 
 person not her husband, or between an un- 
 married female and a male person, is whore- 
 dom. 6 Ind. 343. 
 
 WICK, or WIC. A town or village. A 
 termination denoting territorial limits of 
 authority. Thus, "bailiwick" is the terri- 
 tory to which the authority of a bailiff ex- 
 tends. 
 
 WIDOW. A woman whose husband is 
 dead, and who has not remarried. 164 Iowa 
 208; 145 N. W. 467. 
 
 As used in statute of distributions, this 
 does not include a divorced woman, though 
 it may in the law of dower. 37 Hun (N. 
 Y.) 152; 103 N. Y. 284, 288. 
 
 WIDOW'S BENCH. The share of her hus- 
 band's estate which a widow is allowed be- 
 sides her jointure. 
 
 WIDOW'S CHAMBER. In English law. In 
 London, the apparel of a widow and the 
 furniture of her chamber, left by her de- 
 ceased husband, is so called, and the widow 
 is entitled to it. 2 Bl. Comm. 518. 
 
 WIDOW'S QUARANTINE. See "Quaran- 
 tine." 
 
 WIDOW'S TERCE. The right which a 
 wife has after her husband's death to a 
 third' of the rents of lands in which her 
 husband died infeft; dower. Bell, Diet. 
 
 WIDOWER. A man whose wife is dead. 
 A widower has a right to administer on hia 
 wife's separate estate, and, as her adminis- 
 trator, to collect debts due to her, generally 
 for his own use. 
 
 WIDOWHOOD. The state of a man whose 
 wife is dead, or of a woman whose hus- 
 band is dead. In general, there is no law 
 to regulate the time during which a man 
 must remain a widower, or a woman a 
 widow, before they marry a second time. 
 The term widowhood is mostly applied to 
 the state or condition of a widow. 
 
 WIFE'S EQUITY. See "Equity to a Set- 
 tlement." 
 
 WILD ANIMALS. Animals In a state of 
 nature; animals ferae naturae. See "Ani- 
 mal." 
 
 WILD LAND. Unimproved and unculti- 
 vated; land left in a state of nature, un- 
 inhabited, unoccupied and uncultivated, and 
 not in use by the owner, his agent or lessee, 
 for any artificial purpose. 156 Wis. 257, 
 259. 
 
 WILD'S CASE, RULE IN. A devise to B. 
 and his children or issue, B. having no is- 
 sue at the time of the devise, gives him 
 an estate tail, which would become a life 
 estate in the first taker under our statute. 
 194 111. 400; 221 111. 64. But if he have 
 issue at the time, B. and his children take 
 joint estates for life. 6 Coke, 16b; White 
 & T. Lead. Cas. Real Prop. 542, 581. The 
 rule was intended to enlarge the estate, and 
 not to cut it down. 221 111. 64. 
 
 WILL. The legal declaration of a man's 
 intention respecting the disposition of his 
 property, which he wills to be performed 
 after his death. See 2 Bl. Comm. 309. See 
 Joint Will. 
 
 The word is of common-law origin, the 
 corresponding civil-law terra being "testa- 
 ment" (q. V.) "Will," "testament," and 
 "last will and testament" are now said to 
 be synonymous. Schouler, Wills, § 2. 
 
 In general, any instrument executed 
 with the required formalities, conferring 
 no present rights, but intended to take effect 
 on the death of the maker, will be con- 
 sidered to be a will. 4 Wend. (N. Y.) 
 168; 104 Pa. St. 240. 
 
 (1) Holographic (or olographic) wills 
 are those written and signed entirely with 
 the testator's own hand. By reason of this, 
 certain formalities in execution are in some 
 jurisdictions dispensed with. 
 
 (2) Nuncupative wills are those made 
 by oral declaration in the presence of wit- 
 nesses. They are not in use in the United 
 States, and in England are confined to sea- 
 men and soldiers in active service. 
 
 (3) Mystic wills, in Louisiana, are wills 
 sealed in the presence of witnesses. See 
 "Mystic Testament." 
 
 "WILL." See "May." 
 
WILL, ESTATE AT 
 
 1078 
 
 WITENA GEMOTE 
 
 WILL, ESTATE AT. See "Estates." 
 
 WILLFUL. In the common sense, volun- 
 tary or intentional. In criminal law, the 
 term generally means more than "volun- 
 tary," and implies an evil mind or intent. 
 96 U. S. 699; 140 Ind. 246; 20 Pick. [Mass.] 
 206; 14 Tex. App. 200. Thus, one who acts 
 in good faith, believing that no highway 
 existed at that place, is not guilty of "will- 
 fully" obstructing a highway. 34 Wis. 675. 
 
 WILLFUL ACT. A "willful" differs es- 
 sentially from a "negligent" act. The one is 
 positive, and the other negative. Intention 
 is always separated from negligence by a 
 precise line of demarcation. 38 Jones & S. 
 (N. Y.) 281, 317, affirmed in 63 N. Y. 77. 
 
 WILLFULLY. Intentionally. 
 
 In charging certain offenses, it is re- 
 quired that they should be stated to be 
 willfully done. Archb. Grim. PI. 51, 58; 
 Leach, C. C. 5E6. 
 
 In Pennsylvania, it has been decided that 
 the word "maliciously" was an equivalent 
 for the word "willfully," in an indictment 
 for arson. 5 Whart. (Pa.) 427. See "Will- 
 ful." 
 
 WILLS ACT. See "Statute of Wills." 
 
 WINCHESTER MEASURE. The stand- 
 ard measure which was originally kept at 
 Winchester. It is abolished by 5 & 6 Wm. 
 IV. c. 63. 
 
 WINCHESTER, STATUTE OF. A statute 
 passed in the 13th year of the reign of Ed- 
 ward I., by which the old Saxon law of po- 
 lice was enforced, with many additional 
 provisions. 2 Reeve, Hist. Eng, Law, 163; 
 Grabb, Hist. Eng. Law, 189. It was re- 
 pealed by St. 7 & 8 Geo. IV. c. 27. See 
 "Gonstable." 
 
 WINDING UP. The term used in Eng- 
 land to denote the dissolution of a corpora- 
 tion or partnership, and the settlement of 
 its affairs. 
 
 WINDOW TAX. A tax on windows, levied 
 on houses which contained more than six 
 windows, and were worth more than £5 per 
 annum; established by St. 7 Wm. III. c. 
 18. St. 14 & 15 Vict. c. 36, substituted for 
 this tax a tax on inhabited houses. 
 
 WINDSOR FOREST. A royal forest 
 founded by Henry VIII. 
 
 WINDSTORM. A tumultuous outburst of 
 wind. 151 la. 73, 77, Ann. Gas. 1913A 
 266n. See Tornado. 
 
 WINTER CIRCUIT. An occasional circuit 
 appointed for the trial of prisoners, in Eng- 
 land, and in some cases of civil causes, be- 
 tween Michaelmas and Hilary terms. 
 
 WINTER HEYNING. The season between 
 11th November and 23d April, which is ex- 
 cepted from the liberty of commoning in 
 certain forests. St. 23 Gar. II. c. 3. 
 
 WISBUY, LAWS OF. A code of mari- 
 time laws, compiled at Wisbuy, the ancient 
 capital of Gothland in Sweden, towards the 
 close of the thirteenth century, and which, 
 soon after their promulgation, were adopt- 
 ed as laws of the sea by all the nations of 
 modern Europe. Even in the time of 
 Cleirac (who published them, with a com- 
 mentary, in his work entitled Les Us et 
 Coutumes de la Mer), they were still ob- 
 served in Sweden, Denmark, Flanders, and 
 in the north of Germany. These laws re- 
 semble in many respects the laws of 
 Oleron, to which, indeed, according to 
 Gleirac, they were but a supplement, and 
 they were adopted as the basis of the later 
 collection known as the "Laws of the Han- 
 seatic League." 3 Kent, Gomm. 13, and 
 note ; 1 Duer, Ins. 40, 41 ; Introd. Disc. Lect. 
 ii. They have been published in the United 
 States, in the appendix to the first volume 
 of Peters' Admiralty Decisions. 
 
 WIST A. A measure of land among the 
 Saxons, containing sixty acres. 
 
 WITAM. The purgation from an offense 
 by the oath of the requisite number of wit- 
 nesses. 
 
 WITE. In Saxon law. A punishment, 
 pain, penalty, mulct, or criminal fine. Gow- 
 ell. It was the fine paid to the magistrate, 
 as distinguished from "were," the com- 
 pensation paid to the injured persons. 
 
 WITEKDEN. A taxation of the West Sax- 
 ons, imposed by the public council of the 
 kingdom. 
 
 WITENA DOM. In Saxon law. The judg- 
 ment of the county court, or other court of 
 competent jurisdiction, on the title to prop- 
 erty, real or personal. 1 Spence, Eq. Jur. 
 22. 
 
 WITENA GEMOTE (spelled, also witena 
 gemot, gewitena gemote, from the Saxon 
 wita, a wise man, gem,ote, assembly, — ^the 
 assembly of wise men). An assembly of 
 the great men of the kingdom in the time 
 of the Saxons, to advise and assist in the 
 government of the realm. 
 
 It was the grand council of the king- 
 dom, and was held, generally, in the open 
 air, by public notice or particular summons, 
 in or near some city or populous town. 
 These notices or summonses were issued 
 upon determination by the king's select 
 council, or the body met without notice, 
 when the throne was vacant, to elect a new 
 king. Subsequently to the Norman Con- 
 quest it was called com/mune concilium 
 regni, curia magna, and, finally "parlia- 
 ment;" but its character had become con- 
 siderably changed. It was a court of last 
 resort more especially for determining dis- 
 putes between the king and his thanes, and, 
 ultimately, from all inferior tribunals. 
 Great offenders, particularly those who 
 were members of or might be sumriioned 
 to the king's court, were here tried. The 
 
WITENS 
 
 1079 
 
 WITHOUT RESERVE 
 
 casual loss of title deeds was supplied, and 
 a very extensive equity jurisdiction exer- 
 cised. 1 Spence, Eq. Jur. 73-76; 1 Bl. 
 Comm. 147, 148; 1 Reeve, Hist. Eng. Law, 
 7; 9 Coke, pre'f. 
 
 The principal duties of the witena ge- 
 mote, besides acting as high court of judi- 
 cature, was to elect the sovereign, assist at 
 his coronation, and co-operate in the en- 
 actment and administration of the laws. 
 It made treaties jointly with the king, and 
 aided him in directing the military affairs 
 of the kingdom. Examinations into the state 
 of churches, monasteries, their possessions, 
 discipline, and morals, were made before 
 this tribunal. It appointed magistrates, 
 and regulated the coin of the kingdom. It 
 also provided for levying upon the people 
 all such sums as the public necessities re- 
 quired; and no property of a freeman was, 
 in fact, taxable without the consent of 
 the gemote. Bede, lib. 2, c. 5; 3 Turner, 
 Ang. Sax. 209; 1 Dugd. Mon. 20; Saxon, 
 Chron. 126, 140. 
 
 WITENS. The chiefs of the Saxon lords 
 or thanes, their nobles, and wise men. 
 
 WITH. A word used to denote association 
 in respect of situation or environment, and 
 not simultaneous happening. 54 111. App. 
 436. 
 
 WITH STRONG HAND. In pleading. A 
 technical phrase indispensable in describ- 
 ing a forcible entry in an indictment. No 
 other word or circumlocution will answer 
 the same purpose. 8 Term R. 357. 
 
 WITHDRAWING A JUROR. In practice. 
 An agreement made between the parties in 
 a suit to require one of the twelve jurors 
 impanelled to try a cause to leave the jury 
 box; the act of leaving the box by such a 
 juror is also called the withdrawing a 
 juror. 
 
 This arrangement usually takes place at 
 the recommendation of the judge, when 
 it is obviously improper the case should 
 proceed any further. 
 
 The effect of withdrawing a juror puts 
 an end to that particular trial, and each 
 party must pay his own costs. 3 Term R. 
 657; 2 Dowl. 721; 1 Cromp., M. & R. 64. 
 But the plaintiff may bring a new suit for 
 the same cause of action. Ryan & M. 402; 
 3 Barn. & Adol. 349. See 3 Chit. Prac. 
 916. 
 
 WITHDRAWING RECORD. The with- 
 drawing by plaintiff's attorney of the nisi 
 prius record filed in a cause, before jury is 
 sworn, has the same effect as a motion to 
 postpone. 2 Car. & P. 185; 3 Campb. 333; 
 Paine & D. Prac. 465. 
 
 WITHERNAM. In practice. The name of 
 a writ which issues on the return of elong- 
 ata to an alias or pluries writ of replevin, 
 by which the sheriff is commanded to take 
 the defendant's own goods which may be 
 found in his bailiwick, and keep them safe- 
 
 ly, not to deliver them to the plaintiff until 
 such time as the defendant chooses to sub- 
 mit himself and allow the distress, and the 
 whole of it to be replevied, and he is thereby 
 further commanded that he do return to the 
 court in what manner he shall have exe- 
 cuted the writ. Hammond, N. P. 453; 2 
 Inst. 140; Pitzh. Nat. Brev. 68, 69; Grotius 
 de Jure Belli, 3. 2. 4. note 1. 
 
 WITHHOLD. To hold back; to restrain; 
 to keep from action; to retain; to keep 
 back; not to grant. 146 Iowa 360, 374, 140 
 Am. St. Rep. 282. 
 
 WITHIN. In the limits or compass of; 
 not further in length than; not exceeding 
 in quantity; inside the limits of; not go- 
 ing outside of; not beyond or exceeding. 
 150 111. 634. 
 
 WITHOUT DAY. This signifies that the 
 cause or thing to which it relates is indefi- 
 nitely adjourned; as, when a case is ad- 
 journed without day, it is not again to be 
 inquired into. When the legislature ad- 
 journ without day, they are not to meet 
 again. This is usually expressed in Latin, 
 sine die. 
 
 WITHOUT IMPEACHMENT OF WASTE. 
 
 When a tenant for life holds the land with- 
 out impeachment of waste, he is, of course, 
 dispunishable for waste, whether willful or 
 otherwise. But still this right must not 
 be wantonly abused, so as to destroy the 
 estate; and he will be enjoined from com- 
 mitting malicious waste. Dane, Abr. c. 78, 
 a. 14, §7; Bac. Abr. "Waste" (N) ; 2 Eq. 
 Cas. Abr. "Waste" (A, pi. 8); 2 Bouv. 
 Inst, note 2402. See "Impeachment of 
 Waste." 
 
 WITHOUT ISSUE. This phrase has been 
 construed to mean "without having had is- 
 sue," irrespective of whether they survive 
 or not. 215 111. 110. 
 
 WITHOUT PREJUDICE. A phrase fre- 
 quently used in connection with admissions, 
 orders, etc. Its general effect is to reserve 
 certain rights which would otherwise be in- 
 directly or impliedly affected. See 20 Wall. 
 (U. S.) 12; 58 Vt. 414. 
 
 WITHOUT RECOURSE. An indorsement 
 of a negotiable instrument, whereby the in- 
 dorser relieves himself of any liability to 
 subsequent holders. The usual form is by 
 prefixing the words "Without recourse" to 
 the indorser's signature. 
 
 WITHOUT RESERVE. These words are 
 frequently used in conditions of sale at 
 public auction, that the property offered, or 
 to be offered, for sale, will be sold with- 
 out reserve. 
 
 When a property is advertised to be sold 
 without reserve, if a puffer be employed 
 to bid, and actually bid at the sale, the 
 courts will not enforce a contract against 
 a purchaser, into which he may have been 
 
WITHOUT STINT 
 
 1080 
 
 WORDS OF NEGOTIABILITY 
 
 drawn by the vendor's want of faith. 5 
 Madd. 34. See "Puffer." 
 
 WITHOUT STINT. Without limit. Ap- 
 plied to common, it is the same as common 
 sans nombre. 
 
 WITHOUT THIS, THAT. In pleading. 
 These are technical words used in a trav- 
 erse (q. V.) for the purpose of denying a 
 material fact in the preceding pleadings, 
 whether declaration, plea, replication, etc. 
 In Latin it is called absque hoe (q. v.) 
 Lawes, PI. 119; Comyn, Dig. "Pleader" 
 (G 1) ; Summary of Pleading, 75; 1 Saund. 
 103, note; Ld. Raym. 641; 1 Burrows, 320; 
 1 Chit. PI. 576, note (a). 
 
 WITNESS. One who gives oral testimony 
 in a judicial proceeding. If his testimony 
 be given by deposition, he is known as a 
 "deponent;" if by affidavit, as an "affiant." 
 
 One who is present at any transaction, 
 particularly persons required by law to be 
 present, by way of preappointed evidence. 
 If the witness signs an instrument to de- 
 note that same was executed in his pres- 
 ence, he is called a "subscribing" or "attest- 
 ing" witness. 
 
 WITNESSING PART. In a deed or other 
 formal instrument, that part which comes 
 after the recitals, or, where there are no 
 recitals, after the parties. It usually com- 
 mences with a reference to the agreement 
 or intention to be effectuated, then states 
 or refers to the consideration, and concludes 
 •with the operative words and parcels, if 
 any. Where a deed effectuates two distinct 
 objects, there are two witnessing parts. 1 
 Dav. Prec. Conv. 63 et seq. 
 
 WOLF'S HEAD. In old English law. A 
 terra applied to outlaws. They who were 
 outlawed in old English law were said to 
 carry a wolf's head; for, if caught alive, 
 they were to be brought to the king, and 
 if they defended themselves, they might be 
 slain and their heads carried to the king, 
 for they were no more to be accounted of 
 than wolves. Termes de la Ley, "Wool- 
 forthfod." 
 
 WOMEN. All the females of the human 
 species. All such females who have arrived 
 at the age of puberty. MuUeris appellatione 
 etiam virgo viri potens continetur. Dig. 50. 
 16. 13. See 84 111. 11, 
 
 WOOD CORN. A certain quantity of 
 grain paid by the tenants of some manors 
 to the lord for the liberty to pick up dried 
 or broken wood. Cowell. 
 
 WOOD GELD. The cutting of wood with- 
 in the forest, or rather the money paid for 
 the same. Cowell. 
 
 WOOD PLEA COURT. A court held twice 
 in the year in the forest of Clun, in Shrop- 
 shire, for' determining all matters of wood 
 and agistments. Cowell. 
 
 WOOD STREET COMPTER. The name of 
 an old prison in London. 
 
 WOODGELD. In old English law. To be 
 free from the payment of money for taking 
 of wood in any forest. Co. Litt. 233a. 
 
 The same as "pudzeld." 
 
 WOODMOTE. The court of attachment. 
 Cowell. 
 
 WOODWARDS. Officers of the forest, 
 whose duty consists in looking after the 
 wood and vert and venison, and preventing 
 offenses relating to the same. Manw. For. 
 Laws, 189. 
 
 WOOLSACK. The seat of the lord -chan- 
 cellor of England in the house of lords, be- 
 ing a large square bag of wool, without 
 back or arms, covered with red cloth. Web- 
 ster. The judges, king's counsel-at-law, and 
 masters in chancery sit also on woolsacks. 
 ,The custom arose from wool being a 
 staple of Great Britain from early times. 
 Enc. Am. 
 
 WORD. One or more syllables which, 
 when united, convey an idea; a single part 
 of speech. 
 
 Words will be construed according to 
 their strict and primary acceptation, unless 
 from the context of the writing, and the 
 intention of the parties collected from it, 
 they appear to have been used in a dif- 
 ferent, sense, or unless in their strict sense 
 they are incapable of being carried into 
 effect. 109 111. 416. This is equally true 
 of words having a technical- meaning un- 
 less the very nature of the subject indicates 
 or the context suggests their use in a tech- 
 nical sense. 283 111. 503. 
 
 The natural import of words is that 
 which their utterance promptly and uni- 
 formly suggests to the mind, that which 
 common use has affixed to them; the tech- 
 nical_ is that which is suggested by their 
 use in reference to a science or profes- 
 sion, that which particular use has affixed 
 to them, and when the natural and techni- 
 cal import unite upon a word, both rules 
 combine to control its construction. 1 Col. 
 359. 
 
 The omission of a letter will not ordi- 
 narily affect the meaning of a word unless 
 such omission makes a word of another 
 signification. 3 Salkeld 225. 
 
 WORDS OF LIMITATION. In a convey- 
 ance or will, words which have the effect 
 of marking the duration of an estate are 
 termed "words of limitation." Fearne, Cont. 
 Rem. 78. 
 
 WORDS OF NEGOTIABILITY. Those 
 words in an instrument which render it 
 negotiable. The words "to the order of" 
 before the name of the payee, or the words 
 "or order," or "or bearer," after the name, 
 are the usual words of negotiability. See 
 "Negotiable Instrument." 
 
WORDS OP PROCREATION 
 
 1081 
 
 WRIT 
 
 WORDS OF PROCREATION. To create 
 an estate tail by deed, it is necessary that 
 words of procreation should be used in or- 
 der to confine the estate to the descendants 
 of the first grantee, as in the usual form 
 of limitation, — "to A. and the heirs of his 
 body." 
 
 WORDS OF PURCHASE. Words of pur- 
 chase are words which denote the person 
 who is to take the estate. Thus, if I grant 
 land to A. for twenty-one years, and after 
 the determination of that term to A.'s heirs, 
 the word "heirs" does not denote the dura- 
 tion of A.'s estate, but the person who is to 
 take the remainder on the expiration of the 
 term, and is, thereforeL called a "word of 
 purchase." Williams, Real Prop.; Fearne, 
 Cont. Rem. 76 et seq. Hence, "words of 
 purchase" and "words of limitation" are op- 
 posed to each other. 
 
 WORK AND LABOR. One of the com- 
 mon counts in assumpsit, used to_ declare 
 on work and labor done and materials fur- 
 nished. 
 
 WORK BEAST, or WORK HORSE. These 
 terms mean an animal of the horse kind, 
 which can be rendered fit for service, as 
 well as one of maturer age and in actual 
 use. 8 Bush (Ky.) 587. 
 
 WORKHOUSE. A prison where prisoners 
 are kept in- employment ; a penitentiary. A 
 house provided where the poor are taken 
 care of and kept in employment. 
 
 WORKING DAYS. In settling lay days, or 
 days of demurrage, sometimes the contract 
 specifies "working days;" in the computa- 
 tion, Sundays and custom-house holidays 
 are excluded. 1 Bell, Comm. (5th Ed.) 577. 
 
 WORKSHOP. The place where the work 
 of making, altering, etc., is done upon a 
 product; a shop where any manufacture or 
 handiwork is carried on, whether for the 
 purpose of repair or manufacture; a build- 
 ing in which an artisan carries on his busi- 
 ness, or laborers, workmen, or mechanics, 
 by the use of tools or machinery manufac- 
 ture, alter or repair articles of trade. 188 
 111. App. 501. 
 
 WORLD. This term sometimes denotes 
 all persons whatsoever who may have, 
 claim, or acquire an interest in the subject 
 matter; as in saying that a judgment m 
 rem binds "all the world." 
 
 WORSHIP. The act of paying divine 
 honors to the Supreme Being; religious rev- 
 erence and homage; adoration paid to God 
 or a being viewed as God; adoration; a re- 
 ligious act of reverence; honor paid to the 
 Supreme Being or by heathen nations to 
 their deities; the performance of those ex- 
 ternal acts and the observance of all those 
 rites and ceremonies in which men engage 
 with the professed and sole view of honor- 
 ing God. 245 111. 338; 200 111. 572; 132 
 111. 285. 
 
 In the United States, this is free, every 
 one being at liberty to worship God ac- 
 cording to the dictates' of his conscience. 
 See "Public Worship." 
 
 In English Law. A title or addition 
 
 given to certain persons. 2 Inst. 666; Bac. 
 Abr. "Misnomer" (A 2). 
 
 WORT, or WORTH. A curtilage or coun- 
 try farm. 
 
 WORTHIEST OF BLOOD. An expression 
 used to designate that in descent the sons 
 are to be preferred to daughters, which is 
 the law of England. See some singular rea- 
 sons given for this in Plowd. 305. 
 
 WORTHINE, or WORTHING OF LAND. 
 
 A certain quantity of land so called in the 
 manor of Kingsland, in Hereford. The ten- 
 ants are called "worthies." 
 
 WOUND. An injury to the person, where- 
 by the skin is broken. Steph. Grim. Law, 
 171. 
 
 In Medical Parlance. Injuries of every. 
 
 description that affect either the hard or 
 soft parts of the body, and it comprehends 
 bruises, contusions, fractures, luxations, 
 etc. 167 Mich. 31. Breaking of a bone has 
 been held not to be a wounding. 4 Car. & 
 P. 381. 
 
 In Law. Any lesion of the body. 167 
 
 Mich. 31. , 
 
 WOUNDING. An aggravated species of 
 assault and battery, consisting in one per- 
 son giving another some dangerous hurt. 
 3 Bl. Comm. 121. 
 
 WRECCUIVI MARIS SIGNIFICAT ILLA 
 bona quae naufragio ad terram peliuntur. A 
 
 wreck of the sea signifies those goods which 
 are driven to shore from a shipwreck. 
 
 WRECK (called in Law Lat. wreccum 
 maris, and in Law Fr. wrec de mer). In a 
 popular sense, a ship which has received in- 
 juries rendering her incapable of naviga- 
 tion. 
 
 In Maritime Law. Such goods as, after 
 
 a shipwreck, are cast upon the land by the 
 sea, and left there within some country, so 
 as not to belong to the jurisdiction of the 
 admiralty, but to the common law. 2 Inst. 
 167; 1 Bl. Comm. 290-293. 
 
 WRECK COMMISSIONERS. Persons ap- 
 pointed by the English lord chancellor un- 
 der Merch. Shipp. Act 1876, § 29, to hold 
 investigations at the request of the board 
 of trade into losses,, abandonments, dam- 
 ages, and casualties of or to ships on or 
 near the coast of the United Kingdom, 
 whereby loss of life is caused. 
 
 WRECKFREE. Exempt from the forfeit- 
 ure of shipwrecked goods and vessels to the 
 king. Cowell. 
 
 WRIT.* In practice. A mandatory pre- 
 cept, issued by the authority and in the 
 
WRIT OF ASSISTANCE 
 
 1082 
 
 WRIT OP ENTRY 
 
 name of the sovereign or the state, for the 
 purpose of compelling the defendant to do 
 something therein mentioned. 
 
 *The common-law writs, of which there 
 were a multitude, generally bore specific 
 Latin names, from their purpose, or from 
 their emphatic words. The aim in the pres- 
 ent work has been to place these according 
 to their customary form. The great ma- 
 jority of them, being customarily intro- 
 duced by the prefix "De," or "Pro," will 
 be found so placed. Those hot customarily 
 ^o introduced will be found under the first 
 word of their names. Writs having Eng- 
 lish names are placed under the name with- 
 out the prefix "Writ of" (e. g., "Habeas 
 Corpus") except where such short form is 
 never used, in which case the prefix is used, 
 and the phrase placed under "W" (e. g., 
 "Writ of Right"). 
 
 It is issued by a court or other competent 
 jurisdiction, and is returnable to the same. 
 It is to be under seal and tested by the 
 proper officer, and is directed to the sheriff 
 or other officer lawfully authorized to exe- 
 cute the same. Writs are divided into orig- 
 inal, by which actions or proceedings are 
 begun, of mesne process, by which inter- 
 locutory proceedings are initiated, of exe- 
 cution, by which the judgment or decree is 
 carried into effect. See 3 Bl. Comm. 273; 1 
 Tidd, Prac. 93; Gould, PI. c. 2, § 1. 
 
 WRIT OF ASSISTANCE. In English prac- 
 tice, a chancery writ issued in aid of com- 
 missioners of sequestration, who were un- 
 able to obtain possession of the property. In 
 early English practice, the writ had more 
 extensive use, being used generally to eject 
 persons from land wrongfully held; but it 
 has been to a great extent superseded by 
 statutory writs of possession and delivery. 
 In the United States, the writ issues out of 
 chancery to aid the sheriff in giving pos- 
 session of land pursuant to a sale by him. 
 
 WRIT OF ASSOCIATION. In English 
 practice. A writ whereby certain persons 
 (usually the clerk of assize and his subor- 
 dinate officers) are directed to associate 
 themselves with the justices and sergeants; 
 and they are required to admit the said 
 persons into their society in order to take 
 the assizes. 3 Bl. Comm. 59. 
 
 WRIT OF ATTACHMENT. A writ em- 
 ployed to enforce obedience to an order or 
 judgment of the court. It commands the 
 sheriff to attach the disobedient party, and 
 to have him before the court to answer his 
 contempt. Smith, Actions, 176. It is used 
 not only as_ a writ of execution (e. g., to 
 enforce a judgment for the recovery of 
 chattels) , but also to enforce obedience to 
 interlocutory orders, injunctions, etc. 
 
 WRIT OF CERTIORARI. A writ whose 
 object is to bring up the record of a pro- 
 ceeding from an inferior to a superior trib- 
 unal. 196 111. 323. See "Certiorari." 
 
 WRIT OF CONSPIRACY. The name of 
 an ancient writ, now superseded by the 
 more convenient remedy of an action on the 
 case, which might have been sued against 
 parties guilty of a conspiracy. Fitzh. Nat. 
 Brev. 260. See "Conspiracy." 
 
 WRIT OF COVENANT. In practice. A 
 writ which lies where a party claims dam- 
 ages for breach of covenant, i. e., of a 
 promise under seal. 
 
 WRIT OF DEBT. In practice. A writ 
 which lies where the party claims the re- 
 covery of a debt, i. e., a liquidated or cer- 
 tain sum of money alleged to be due to 
 him. 
 
 This is debt "in the debet," which is the 
 principal and only common form. There is 
 another species mentioned in the books, 
 called the debt "in the detinet," which lies 
 for the specific recovery of goods under a 
 contract to deliver them. 1 Chit. PL 101. 
 
 WRIT OF DECEIT. The name of a writ 
 which lies where one man has done any- 
 thing in the name of another, by which 
 the latter is damnified and deceived. Fitzh. 
 Nat. Brev. 217. 
 
 The modern practice is to sue a writ of 
 trespass on the case to remedy the injury. 
 
 WRIT OF DELIVERY. A writ of execu- 
 tion employed to enforce a judgment for 
 the delivery of chattels. It commands the 
 sheriff to cause the chattels mentioned in 
 the writ to be returned to the person who 
 has obtained the judgment, and, if the chat- 
 tels cannot be found, to distrain the per- 
 son against whom the judgment was given 
 until he returns them. Smith, Actions, 175, 
 
 WRIT OF DETINUE. In practice. A writ 
 which lies where a party claims the specific 
 recovery of goods and chattels, or deeds 
 and writings, detained from him. This 
 is seldom used. Trover is the more fre- 
 quent remedy, in cases where it may be 
 brought. 
 
 WRIT OF DOWER. In practice. A writ 
 which lies for a widow claiming the spe- 
 cific recovery of her dower, no part having 
 been yet assigned to her. It is, usually 
 called a writ of dower unde nihil habet. 3 
 Chit. PI. 393; Booth, 166. 
 
 There is another species, called a "writ 
 of right of dower," which applies to the 
 particular case where the widow has re- 
 ceived 'a part of her dower from the ten- 
 ant himself, and of land lying in the same 
 town in which she claims the residue. 
 Booth, 166; Glanv. lib. 6, c. 4, 5. This lat- 
 ter writ is seldom used in practice. 
 
 WRIT OF EJECTMENT. In practice. The 
 name of a process issued by a party claim- 
 ing land or other real estate, against one 
 who is alleged to be unlawfully in posses- 
 sion. See "Ejectment." 
 
 WRIT OF ENTRY. A real action to re- 
 cover the possession of land where the ten- 
 
WRIT OP ERROR 
 
 1083 
 
 WRIT OP RIGHT 
 
 ant (or owner) has been disseised or other- 
 wise wrongfully dispossessed. If the dis- 
 seisor has aliened the land, or if it has 
 descended to his heir, the writ of entry is 
 said to be in the per, because it alleges 
 that the defendant (the alienee or heir) 
 obtained possession "through" the original 
 disseisor. If two alienations (or descents) 
 have taken place, the writ is in the per and 
 cut, because it alleges that the defendant 
 (the second alienee) obtained possession 
 "through" the first alienee, to whom the 
 original disseisor had aliened it. If more 
 than two alienations (or descents) have 
 taken place, the writ is in the post, because 
 it simply alleges that the defendant ac- 
 quired possession "after" the original dis- 
 seisin. Co. Litt. 238b; 3 Bl. Comm. 180. 
 The writ of entry was abolished, with other 
 real actions, in England, by St. 3 & 4 Wm. 
 IV. c. 27, § 36, but is still in use in a few 
 of the states of the Union. 
 
 WRIT OF ERROR. A writ by which a 
 superior court commands an inferior to 
 send up the record of a proceeding for re- 
 view. A writ of error lay only to a court of 
 record (88 Pa. St. 291) after final judgment 
 (2 Mass. 445), and lies only to errors of 
 law (141 Mass. 194) apparent of record 
 (72 N. Y. 393). 
 
 Error was the appropriate remedy at 
 common law to review proceedings at law, 
 while an appeal (q. v.) lay in equity. 
 
 ——Writ of Error Coram Nobis. The ordi- 
 nary writ of error which issued from a su- 
 perior to an inferior court. 
 
 Writ of Error Coram Vobis. A writ 
 
 which issued to review proceedings pre- 
 viously had in the court issuing it. See 
 "Coram Vobis." 
 
 it was called at length in the old books, 
 breve de errore eorrigendo, a writ about 
 correcting error; the abbreviation of which 
 (breve de errore) has been literally trans- 
 lated, "writ of error." Sometimes simply 
 termed "error." Deiined by Lord Coke to 
 be a writ which "lieth where a man is 
 grieved by any error in the foundation, 
 proceeding, judgment, or execution [of a 
 suit], and thereupon it is called breve de 
 errore eorrigendo." Co. Litt. 288b. 
 
 WRIT OF FALSE JUDGMENT. A writ 
 which appears to be still in use to bring 
 appeals to the English high court from in- 
 ferior courts not of record proceeding ac- 
 cording to the course of the common law. 
 Archb. Prac. 1427. 
 
 WRIT OF MAINPRIZE. In English law. 
 A writ directed to the sheriff (either gen- 
 erally, when any man is imprisoned for a 
 bailable offense and bail has been refused, 
 or specially, when the offense or cause of 
 commitment is not properly bailable be- 
 low) commanding him to take sureties for 
 the prisoner's appearance, commonly called 
 "mainpernors," and to set him at large. 3 
 Bl. Comm. 128. 
 
 WRIT OF MESNE. In old English law. 
 A writ which was so called by reason of 
 the words used in the writ, namely, Unde 
 idem A., qui medius est inter C. et praefa- 
 tum B.; that is. A., who is mesne between 
 C, the lord paramount, and B., the tenant 
 paravail. Co. Litt. 100a. 
 
 WRIT OF POSSESSION. This is the writ 
 of execution employed to enforce a judg- 
 ment to recover the possession of land. It 
 commands the sheriff to enter the land and 
 give possession of it to the person entitled 
 under the judgment. Smith, Actions, 175. 
 
 WRIT OF PRAECIPE. This writ Is also 
 called a writ of covenant, and is sued out 
 by the party to whom lands are to be con- 
 veyed by fine, the foundation of which is 
 a supposed agreement or covenant that the 
 one shall convey the land to the other. 2 
 Bl. Comm. 349, 350. 
 
 WRIT OF PREVENTION. This name is 
 given to certain writs which may be issued 
 in anticipation of suits which may arise. 
 Co. Litt. 100. 
 
 WRIT OF PROCLAMATION. In English 
 practice. A writ which issues at the same 
 time with the exigi facias, by virtue of St. 
 31 Eliz. c. 3, § 1, by which the sheriff is 
 commanded to make proclamations in the 
 statute prescribed. 
 
 When it is not directed to the same sher- 
 iff as the writ of exigi facias is, it is called 
 a "foreign writ of proclamation." Lee; 4 
 Reeve, Hist. Eng. Law, 261. 
 
 WRIT OF PROTECTION. In England, the 
 sovereign may, by his writ of protection, 
 privilege any person in his service from 
 arrest in civil proceedings during a year 
 and a day; but this prerogative is seldom, 
 if ever, exercised. Archb. Prac. 687. See 
 Co. Litt. 130a. 
 
 WRIT OF RECAPTION. In practice. A 
 writ which lies where, pending an action 
 of replevin, the same distrainer takes, for 
 the same supposed cause, the cattle or 
 goods of the same distrainee. See Fitzh. 
 Nat. Brev. 169. 
 
 This writ is nearly obsolete, as trespass, 
 which is found to be a preferable remedy, 
 lies for the second taking; and, as the de- 
 fendant cannot justify, the plaintiff, must 
 necessarily recover damages proportioned to 
 the injury. 
 
 WRIT OF RESTITUTION. A writ which 
 is issued on the reversal of a judgment 
 commanding the sheriff to restore to the 
 defendant below the thing levied upon, if 
 it has not been sold, and, if it has been 
 sold, the proceeds. Bac. Abr. "Execution" 
 
 (Q). 
 
 WRIT OF RIGHT. In practice. The rem- 
 edy appropriate to the case where a party 
 claims the specific recovery of corporeal 
 hereditaments in fee simple, founding his 
 
WRIT OP SUMMONS 
 
 1084 
 
 WRONGFULLY INTENDING 
 
 title on the right of property, or mere 
 right, arising either from his own seisin or 
 the seisin of his ancestor or predecessor. 
 Fitzh. Nat. Brev. 1 (B) ; 3 Bl. Comm. 391. 
 
 At common law, a writ of right lies only 
 against the tenant of the freehold demand- 
 ed. 8 Cranch (U. S.) 239. 
 
 This writ brings into controversy only 
 the rights of the parties in the suit; and a 
 defense that a third person has better title 
 will not avail. 7 Wheat. (U. S.) 27; 3 
 Pet. (U. S.) 133; 3 Ring. (N. S.) 434; 4 
 Ring. (N. S.) 711; 5 Ring. (N. S.) 161; 4 
 Scott, 209; 6 Scott, 435, 738; 6 Adol. & E. 
 103; 1 H. Rl. 1; 3 Taunt. 167; 5 Taunt. 326; 
 
 1 Marsh. 68; 2 Ros. & P. 570; 4 Ros. & P. 
 64; 4 Taunt. 572; 2 W. Rl. 1261; 2 Car. & 
 P. 187; 271; 8 Cranch (U. S.) 229; 2 Wheat. 
 (U. S.) 306; 11 Me. 312; 7 Wend. (N. Y.) 
 2^0; 3 Ribb (Ky.) 57; 3 Rand. (Va.) 563; 
 
 2 J. J. Marsh. (Ky.) 104; 2 A. K. Marsh. 
 (Ky.) 396; 1 Dana (Ky.) 410; 2 Leigh 
 (Va.) 1; 4 Mass. 64; 17 Mass. 74. 
 
 WRIT OF SUMMONS. In ordinary actions 
 in the English high court, the writ of sum- 
 mons is a writ issued at the instance of 
 the plaintiff for the purpose of giving the 
 defendant notice of the claim made against 
 him, and of compelling him to appear and 
 answer it if he does not admit it. It is the 
 first step in the action. 
 
 The court of probate had power to cause 
 questions of fact, arising in suits or pro- 
 ceedings, to be tried by a jury by means of 
 an issue directed to one of the superior 
 courts of law. The issues were contained 
 in a document called a "writ of summons." 
 Rrowne, Prob. Prac. 314; Court of Probate 
 Act 1857; § 35. This practice seems no 
 longer applicable. Rules of Court, xxxvi. 
 29. 
 
 WRIT OF TOLL. In English law. The 
 name of a writ to remove proceedings on a 
 writ of right patent from the court baron 
 into the county court. 3 Rl. Comm. Ap- 
 pend. No. 1, § 2. 
 
 WRIT OF WASTE. The name of a writ 
 to be issued against a tenant who has com- 
 mitted waste of the premises. There are 
 several forms of this writ. That against a 
 tenant in dower differs from the others. 
 Fitzh. Nat. Rrev. 125. See "Waste." 
 
 WRITER OF THE TALLIES. In England. 
 An officer of the exchequer whose duty it 
 was to write upon the tallies the letters of 
 tellers' bills. 
 
 WRITERS TO THE SIGNET. In Scotch 
 law. Anciently, clerks in office of the sec- 
 retary of state, by whom writs passing the 
 king's signet were prepared. Their duty 
 now is to prepare the warrants of all lands 
 flowing from the crown, and to sign al- 
 most all diligencies of the law affecting the 
 person or estate of a debtor, or for com- 
 pelling implement of decree of superior 
 court. They may act as attorney or agent 
 
 before court of sessions, and have various 
 privileges. Rell, Diet. "Clerk to Signet." 
 
 WRITING. In the most general sense of 
 the word, "writing" denotes a document, 
 whether manuscript or printed, as opposed 
 to mere spoken words. Writing is essential 
 to the validity of certain contracts and 
 other transactions. Sweet. 
 
 WRITING OBLIGATORY. A bond; an 
 agreement reduced to writing, by which the 
 party becomes bound to perform something, 
 or suffer it to be done. 
 
 A contract under seal. 7 Yerg. (Tenn.) 
 350. 
 
 WRITTEN. The words "written" or in 
 writing" may be construed to include print- 
 ing, except where the written signature is 
 required by law. 52 Mich. 520. 
 
 Words traced with a pen, stamped, print- 
 ed, engraved or made legible by any other 
 device, are written. 287 111. 493; 35 Ind. 
 App. 94; 103 Ind. 98. 
 
 WRITTEN LAW. One of the two leading 
 divisions of the Roman law, comprising the 
 leges, plebiscita, senatus consulta, prind- 
 pum placita, magistratuum edicta, and re- 
 sponsa prudentum. Inst. 1. 2. 3. 
 
 Statute law; law deriving its force from 
 express legislative enactment. 1 Rl. Comm. 
 62, 85. 
 
 WRONG. An Injury; a tort; a violation of 
 right. 
 
 In its most usual sense, wrong signifies 
 an injury committed to the person or prop- 
 erty of another, or to his relative rights, 
 unconnected with contract; and these 
 wrongs are committed with or without 
 force. Rut in a more extended significa- 
 tion, wrong includes the violation of a con- 
 tract. A failure by a man to perform his 
 undertaking or promise is a wrong or in- 
 jury to him to whom it was made. -3 Rl. 
 Comm. 158. 
 
 A public wrong is an act which is in- 
 jurious to the public generally, commonly 
 known by the name of "crime," "misde- 
 meanor," or "offense;" and it is punishable 
 in various ways, such as indictments, sum- 
 mary proceedings, and, upon conviction, by 
 death, imprisonment, fine, etc. 
 
 Private wrongs which are injurious to in- 
 dividuals, unaffecting the public. These 
 are redressed by actions for damages, etc. 
 See "Tort." 
 
 WRONGDOER. One who commits an in- 
 jury; a tort feasor. See Dane, Abr. Index. 
 
 WRONGFULLY INTENDING. In plead- 
 ing. Words used in a declaration when, in 
 an action for an injury, the motive of the 
 defendant in committing it can be proved, 
 for then his malicious intent ought to be 
 averred. This is sufficiently done if it be 
 substantially alleged, in general terms, as 
 wrongfully intending. 3 Bouv. Inst, note 
 2871. 
 
WRONGOUS 
 
 1085 
 
 WYTE 
 
 WRONGOUS, or WRANGOUS. In Scotch 
 law. Wrongful; unlawful; as wrongous im- 
 prisonment. Ersk. Princ. 4. 4. 25. 
 
 WULTAVA, OP WULITAVA (Law Lat.) 
 In old European law. A disfiguring of the 
 face. Addit. ad L. Prison, tit. 3, § 16; 
 Spelman. 
 
 WULVESHEVED, or WULFESHEOFOD 
 (Saxon, from wulfe, wolf, and heofod, 
 
 head). In Saxon law. Wolf's head; a term 
 applied to an outlaw. 
 
 WURTH (Saxon). In Saxon law. Worthy; 
 competei^t; capable. Atheawurthe, worthy 
 of oath; admissible or competent to be 
 sworn. Spelman. See "Othesworthe." 
 
 WYTE. In old English law. Acquittance 
 or immunity from amercement. Fleta, lib. 
 1, c. 47, §§ 15-17. 
 
1086 
 
 YEAR AND DAY 
 
 X-Y-Z 
 
 X. A contraction of the word extra, used 
 in citing that part of the canon law called 
 Gregory's Decretals. 
 
 XENODOCHIUM. In the civil and old Eng- 
 lish law. An inn allowed by public license 
 for the entertainment of strangers and 
 other guests. Calv. Lex.; Cowell. 
 
 A hospital; a place where sick and in- 
 firm persons are taken care of. Cowell. 
 
 XENODOCHY. Reception of strangers; 
 hospitality. Enc. Lond. 
 
 XYLON. A punishment among the Greeks 
 answering to our stocks. Wharton. 
 
 YA ET NAY. In old records. Mere asser- 
 tion and denial, without oath. Cowell; 
 Blount. 
 
 YARD. An enclosed space or area, gener- 
 ally attached to a dwelling-house. A com- 
 mon term in deeds. 1 Chit. Gen. Pr. 176. 
 
 YARD LAND. In old English law. A quan- 
 tity of land containing twenty acres. Co. 
 Litt. 69a. 
 
 YCEL (Law Fr.) It; this; the same. Kel- 
 ham. 
 
 YCEMENT (Law Fr.) Thus; In like man- 
 ner. Kelham. 
 
 YCESTES (Law Fr.) These. Kelham. 
 
 YCEUX, Yceaux. L. Pr. Those; them. 
 Kelham. 
 
 YCONOMUS, or OECONOMUS (Law Lat.) 
 In old records. An advocate or defender; 
 a patron. Cowell. 
 
 YEAR. The period in which the revolu- 
 tion of the earth around the sun, and the 
 accompanying changes in the order of na- 
 ture, are completed. 
 
 The civil year differs from the astronom- 
 ical, the latter being composed of three 
 hundred and sixty-five days, five hours, 
 forty-eight seconds and a fraction, while 
 the former consists sometimes of three hun- 
 dred and sixty-five days, and at others, in 
 leap years, of three hundred and sixty- 
 six days. 
 
 The year is divided into half-year, which 
 consists, according to Coke (Litt. 135b), 
 of one hundred and eighty-two days; and 
 quarter of a year, which consists of ninety- 
 one days (Id.; 2 Rolle, Abr. 521, lib. 40). 
 It is further divided into twelve months. 
 
 The civil year commences immediately 
 after 12 o'clock at night of the thirty-first 
 day of December, — that is the first moment 
 of the first day of January, — and ends at 
 midnight of the thirty-first day of Decem- 
 
 ber twelve months thereafter. See Comyn, 
 Dig. Annus; 2 Bl. Comm. 140, note; Chit. 
 Prac. Index. "Time." 
 
 In computing time by the calendar year, 
 days are not counted, but the calendar is 
 examined and the day numerically cor- 
 responding to that day in the following 
 year is ascertained, and the calendar year 
 expires on that day less one. 209 111. App. 
 320. 279 111. 408. 
 
 Unless from the context or otherwise a 
 different intent is gathered, the word 
 "year" when used in a statute is construed 
 to mean a calendar year. 104 Iowa 204; 
 104 Iowa 293. 
 
 In New York it is enacted that whenever 
 the term "year" or "years" is or shall be 
 used in any statute, deed, verbal or writ- 
 ten contract, or any public or private in- 
 strument whatever, the year intended shall 
 be takeji to consist of three hundred and 
 sixty-five days; half a year, of a hundred 
 and eighty-two days; and a quarter of a 
 year, of ninety-two days; and the day of a 
 leap year, and the day immediately preced- 
 ing, if they shall occur in any period so to 
 be computed, shall be reckoned together as 
 one day. Rev. St. pt. 1, c. 19, tit. 1, § 3. 
 
 YEAR AND DAY. A period of time much 
 recognized in law. 
 
 It is not in all cases limited to a precise 
 calendar year. In Scotland, in computing 
 the term, the year and day is to be reck- 
 oned, not by the number of days which 
 go to make up a year, but by the return 
 of the day of the next year that bears the 
 same denomination. 1 Bell, Comm. (5th 
 Ed.) 721; 2 Stair, Inst. 842. See Bac. Abr. 
 Descent (13); Ersk. Inst. 1. 6. 22. In the 
 law of all the Gothic nations, it meant a 
 year and six weeks. 
 
 It is a term frequently occurring; for 
 example, in case of an estray, if the owner 
 challenged it not within a year and a day-, 
 it belonged to the lord. 5 Coke, 108. So of 
 a wreck. 2 Inst. 168. This time is given 
 to prosecute appeals and for actions in a 
 writ of right, and, after entry or claim, to 
 avoid a fine. Plowd. 357a. And if a per- 
 son wounded die in that time, it is murder 
 3 Inst. 53; 6 Coke, 107. So, when a judg- 
 ment is reversed, a party, notwithstanding 
 the lapse of time mentioned in the statute 
 of limitations pending that action, may 
 commence a fresh action within a year and 
 a day of such reversal. 3 Chit. Prac. 107. 
 Again, 'after a year and a day have elapsed 
 from the day of signing a judgment, no exe- 
 cution can be issued till the judgment be 
 revived by scire facias. Bac. Abr. "Exe- 
 cution" (H); Tidd. Prac. 1108. 
 
 Protection lasted a year and a day; and 
 if a villein remain from his master a year 
 and a day in an ancient demesne, he is free. 
 
YEAR BOOKS 
 
 1087 
 
 ZOLLVBREIN 
 
 Cunningham. If a person is afraid to enter 
 on his land, he may make claim as near as 
 possible, which is force for a year and a 
 day. 3 Bl. Comm. 175. In case of prize, 
 if no claim is made within a year and a 
 day, the condemnation is to captors as of 
 course. 2 Gall. (U. S.) 388. So, in case 
 of goods saved, the court retains them till 
 claim, if made within a year and a day, but 
 not after that time. 8 Pet. (U. S.) 4. 
 
 The same period occurs in the civil law, 
 in Book of Feuds, the Laws of the Lom- 
 bards, etc. 
 
 YEAR BOOKS. Books of reports of cases 
 in a regular series from the reign of the 
 English King Edward II., inclusive, to the 
 time of Henry VIII., which were taken by 
 the prothonotaries or chief scribes of the 
 courts, at the expense of the crown, and 
 published annually, whence their name 
 "Year Books." They consist of eleven parts, 
 namely: , Part 1. Maynard's Reports 
 temp. Edw. II.; also divers Memoranda 
 of the Exchequer temp. Edw. I. Part 2. 
 Reports in the first ten years of Edw. III. 
 Part 3. Reports from 17 to 39 Edw. III. 
 Part 4. Reports from 40 to 50 Edw. III. 
 Part 5. Liber Assisarum; or. Pleas of the 
 Crown temp. Edw. III. Part 6. Reports 
 temp. Hen. IV. and Hen. V. Parts 7 and 
 8. Annals; or Reports of Hen. VI. during 
 his reign, in two vols. Part 9. Annals of 
 Edw. IV. Part 10. Long Quinto; or, Re- 
 ports in 5 Edw. IV. Part 11. Cases in the 
 reigns of Edward V., Rich. III., Hen. VII., 
 and Hen. VIII. 
 
 YEAR, DAY, AND WASTE (Lat. anniis, 
 dies, et vastum). A part of king's preroga^ 
 tive, whereby he takes the profits of the 
 lands and tenements of those attainted of 
 petty treason or felony, for a year and a 
 day, but, in the end, may waste the tene- 
 ments, destroy the houses, root up the 
 woods, gardens, and pasture, and plough up 
 the meadows (except the lord of the fee 
 agree with him for redemption of such 
 waste) ; after which the lands are to be re- 
 stored to the lord of the fee. Staundf. Pre- 
 rog. c. 16, fol. 44. By Magna Charta, it 
 would appear that the profits for a year 
 and a day were given in lieu of the waste. 
 9 Hen. Ill, c. 22. But 17 Edw. II. de- 
 clares the king's right to both. 
 
 YEARS, ESTATE FOR. See "Estates." 
 
 YEOMAN. In the United States, this 
 word does not appear to have any very 
 exact meaning. It is usually put as an addi- 
 tion to the names of parties in declarations 
 and indictments. In England it signifies a 
 free man who has land of the value of 
 forty shillings a year. 2 Inst. 668; 2 Dall. 
 (Pa.) 92. 
 
 YEOVEN, or YEVEN. Given (dated). 
 
 YIELD. In the law of real property, to 
 perform a service due by a tenant to his 
 lord. Hence the usual form of reservation 
 
 of a rent in a lease begins with the words 
 "yielding and paying." 
 
 YIELDING AND PAYING. "These words, 
 when used in a lease, constitute a covenant 
 on the part of the lessee to pay the rent 
 (Piatt, Gov. 50; 3 Pa. St. 464; 1 Sid. 447, 
 pi. 9; 2 Lev. 206; 3 Term R. 402; 1 Barn. 
 & C. 416; 2 Dowl. & R. 670), but whether it 
 be an express covenant or not seems not to 
 be settled (Styles, 387, 406, 451; Sid. 240, 
 266; 2 Lev. 206; T. Jones, 102; 3 Term R. 
 402). 
 
 In Pennsylvania, it has been decided to 
 be a covenant running with the land. 3 
 Pa. St. 464. See 1 Saund. 233, note 1; 9 
 Vt. 191. 
 
 YINGEMAN. A word occurring in the 
 laws of Henry I. (c. 16), which Spelman 
 thinks might be a mistake for Ynglishman, 
 or Englishman. 
 
 YORK, CUSTOM OF. Recognized by 22 & 
 23 Car. II. c. 10, and 1 Jac. II. c. 17. By 
 
 this custom, the effects of an intestate are 
 divided according to the anciently universal 
 rule of pars rationabilis. 4 Burn, Ecc. 
 Law, 342. 
 
 YORK, STATUTE OF. The name of an 
 English statute, passed 12 Edw. II., A. D. 
 1318, and so called because it was enacted 
 at York. It contains many wise provisions 
 and explanations of former statutes. Barr. 
 Obs. St. 174. There were other statutes 
 made at York in the reign of Edward III., 
 but they do not bear this name, 
 
 YORKSHIRE LAND REGISTRIES. These 
 are regulated by Sts. 2 & 3 Anne, c. 4, 5 
 Anne, c. 18 (6 Anne, c. 20, in the statutes 
 of the realm), as to the West Riding; 6 
 Anne, c. 35 (or 62), as to the East Riding, 
 and 8 Geo. II. c. 6. 
 
 YOUNGER CHILDREN. This phrase, when 
 used in English conveyancing with refer- 
 ence to settlements of land, signifies all 
 such children as are not entitled to the 
 rights of an eldest son. It therefore in- 
 cludes daughters, even those who are older 
 than the eldest son. Mozley & W. 
 
 Z is frequently used for y, in old English 
 and Scotch records. 
 
 ZABULUM (Law Lat.) In old records. 
 Coarse sand or gravel. Blount. 
 
 ZE (Old Scotch). Ye. Skene de Verb. 
 Sign. voc. "Homagium." 
 
 ZEIR (Old Scotch). Year. "Zeir and day." 
 Bell, Diet. 
 
 ZELDE (Old Scotch.) A gift or donation. 
 Skene de Verb. Sign. voc. "Herezelda." 
 
 ZETETICK. Proceeding by inquiry. Enc. 
 Lond. 
 
 ZOLLVEREIN. A union of German states 
 for uniformity of customs, established in 
 
ZONE RATES 
 
 1088 
 
 ZYGOSTATES 
 
 1819. It continued until the unification of 
 the German empire, including Prussia, Sax- 
 ony, Bavaria, Wurtemberg, Baden, Hasse- 
 Cassel, Brunswick, and Mecklenburg- Stre- 
 litz, and all intermediate principalities. It 
 has now been superseded by the German 
 empire; and the federal council of the em- 
 pire has taken the place of that of the ZoU 
 Verein. Wharton. 
 
 ZONE RATES. Application of specific 
 rates between certain specific points in one 
 territory to certain specific points in an- 
 other territory, without special regard to 
 the actual distance. 
 
 ZONING OF CITIES. Statutory pro- 
 visions adopted in some states regulating, 
 or authorizing municipal authorities to reg- 
 
 ulate, the districts of a city in which cer- 
 tain trades, factories, etc., may be oper- 
 ated, 
 
 ZUCARIUM (Law Lat.) In old English 
 law. Sugar. Fleta, lib. 2, c. 12, § 4. 
 
 ZYGOCEP MALUM. In the civil law. A 
 measure or quantity of land. Nov. 17, c. 8. 
 As much land as a yoke of oxen could plow 
 in a day. Calv. Lex. 
 
 ZYGOSTATES. In the civil law. A weigh- 
 er; an officer who held or looked to the 
 balance in weighing money between buyer 
 and seller; an officer appointed to deter- 
 mine controversies -about the weight of 
 money. Spelman. 
 
TABLE OF ABBREVIATIONS 
 
 Of Reports and Standard Text Books 
 
 A. B. Anonymous Reports at the end of 
 Benloe. 
 
 A'B. R. J. N. S. W. A'Beclcett's Reserved 
 (Equity) Judgments, New South Wales. 
 
 A'B. R. J. P. P. A'Beckett's Reserved Judg- 
 ments. Port Philip. 
 
 A. C. R. American Criminal Reports, edited 
 by Hawley. 
 
 A. D. American Decisions (Select Cases), 
 San Francisco. 
 
 A. K. Marsh. A. K. Marshall's Kentucky 
 Reports. 
 
 A. L. R. American Law Reports Annotated. 
 
 A. L. Reg. American Law Register, Phila- 
 delphia. 
 
 A. Moo. A. Moore's Reports, in 1 Bosanquet 
 & Puller. 
 
 A. P. B. Ashurst's Paper Books, in Lincoln's 
 Inn Library. 
 
 A. R. C. American Ruling Cases. 
 
 A. & A. Corp. Angell & Ames on Corpora- 
 tions. 
 
 A, & E. Adolphus & Ellis' English Queen's 
 Bench Reports; — ^Admiralty and Ecclesi- 
 astical. 
 
 A. & E. A. C. American and English Anno- 
 tated Cases. 
 
 A. & E. Encyc. of L. American and Eng- 
 lish Encyclopedia of Law. 
 
 A. & E. N. S. Adolphus & Ellis' English 
 Queen's Bench Reports, New Series. 
 
 A. & F. Fix. Amos & Ferard on Fixtures. 
 
 A. & H. Arnold & Hodges' English Queen's 
 Bench Reports. 
 
 Ab. Eq. Cas. Equity Cases Abridged, 
 English. 
 
 Abb. Abbott's United States Circuit and 
 District Court Reports. 
 
 Abb. Adm. Abbott's Admiralty Reports. 
 
 Abb. App. Deo. Abbott's New York Court 
 of Appeals Decisions. 
 
 Abb. CI. Ass. Abbott's Clerks and Convey- 
 ancers' Assistant. 
 
 Abb. Ct. App. Abbott's New York Court of 
 Appeals Decisions. 
 
 Abb. Dig. Corp. Abbott's Digest of the Law 
 of Corporations. 
 
 Abb. F. Abbott's Forms of Pleading. 
 
 Abb. F. Sup. Abbott's Forms of Pleading, 
 Supplement. 
 
 Abb. Int. Abbott's Introduction to Practice 
 under the Codes. 
 
 Abb. L. Die. Abbott's Law Dictionary. 
 
 Abb. Leg. Rem. Abbott's Legal Remem- 
 "b 1*3,11 CG r 
 
 Abb. N. Cas. Abbott's New Cases, New 
 York. 
 
 Abb. N. Y. App. Abbott's New York Court 
 of Appeals Decisions. 
 
 Abb. PI. Abbott's Pleadings under the 
 Code. 
 
 1089 
 
 Abb. Pr. A'bbott's New York Practice Re- 
 ports. 
 
 Abb. Pr. N. S. Abbott's New York Practice 
 Reports, New Series. 
 
 Abb. Sh, Abbott on Shipping. 
 
 Abb. Tr. Ev. Abbott's Trial Evidence. 
 
 Abb. U. S. Abbott's United States Circuit 
 Court Reports. 
 
 Abdy R. Pr. Abdy's Roman Civil Proced- 
 ure. 
 
 Abdy & W. Gai. Abdy & Walker's Gains & 
 Ulpian. 
 
 Abdy & W. Just. Abdy & Walker's Jus- 
 tinian. 
 
 Abr. Cas. Crawford & Dix's Abridged 
 Cases, Ireland. 
 
 Abr. Cas. Eq. (or Eq. Cas.) (English) 
 Equity Cases Abridged. 
 
 Act. Acton's English Privy Council Re- 
 ports. 
 
 Act. Can. Acta Cancellariae, by Monro. 
 
 Act. Reg. Acta Regia, an Abstract of Ry- 
 mer's Foedera. 
 
 Act of Sed. Act of Sederunt. 
 
 Ad. Con. Addison's Contracts. 
 
 Ad. Eq. Adams' Equity. 
 
 Ad. & E. Adolphus & Ellis' English King's 
 Bench Reports. 
 
 Adams. Adams' Reports (41, 42 Maine) ; — 
 Adams' Reports (1 N. H.). 
 
 Add. Addison's Reports, Pennsylvania; — 
 Addams' English Ecclesiastical Reports. 
 
 Add. Con. Addison on Contracts. 
 
 Add. Ecc. (or E. R.) Addams' Ecclesias- 
 tical Reports. 
 
 Add. Pa. Addison's Pennsylvania Reports. 
 
 Add. Tor. Addison on Torts. 
 
 Adm. & Ecc. English Law Reports, Admi- 
 ralty and Ecclesiastical. 
 
 Adolph & F. Adolphus & Ellis' English 
 King's Bench Reports. 
 
 Adye C. M. Adye on Courts-Martial. 
 
 Aelf. C. Canons of Aelfric. 
 
 Agn. Fr. Agnew on the Statute of Fraud. 
 
 Agn. Pat. Agnew on Patents. 
 
 Agra H. C. Agra High Courf Reports, India. 
 
 Alk. Aiken's Vermont Reports. 
 
 Aik. Stat, (or Dig.) Aiken's Digest of Ala- 
 bama Statutes. 
 
 Aird Civ. Law. Aird's Civil Laws of France. 
 
 AI. Aleyn's Select Cases, King's Bench. 
 
 Al. & N. Alcock & Napier's Irish King's 
 Bench Reports. 
 
 Ala. Alabama Reports; — Minor's Alabama 
 Reports. 
 
 Ala. App. Alabama Appellate. 
 
 Ala. N. S. Alabama Reports, New Series 
 (Alabama Reports, proper). 
 
 Ala. Sel. Cas. Alabama Select Cases, by 
 Shepherd. 
 
 Alb. L. J. Albany Law Journal. 
 
 Ale. Alcock's Irish Registry Cases. 
 
1090 
 
 APPENDIX 
 
 Ale. & N. Alcock & Napier's Irish King's 
 Bench Reports. 
 
 Aid. Alden's Condensed Reports, Penn- 
 sylvania. 
 
 Alexi. Br. Stat. Alexander's British Statutes 
 In Force in Maryland. 
 
 Aleyn. Aleyn's Select Cases, EJnglish 
 King's Bench. 
 
 All. Allen (see Allen, below). 
 
 All. N. B. Allen's New Brunswick Reports. 
 
 All. Ser. Allahabad Series, Indian Law Re- 
 ports. 
 
 Allen. Allen's Massachusetts Reports; — 
 Allen's Reports, New Brunswick; — 
 Aleyn's English King's Bench Reports. 
 
 Am. American; — Amended; — ^ Amendment. 
 
 Am. Bankr. R. American Bankruptcy Re- 
 ports. 
 
 Am. Cr. Rep. American Criminal Reports, 
 edited by Hawley. 
 
 Am. Cr. Tr. Chandler's American Criminal 
 Trials. 
 
 Am. Dec. American Decisions (Select 
 Cases), San Francisco. 
 
 Am. Dig. American Digest. 
 
 Am. Jur. American Jurist, Boston. 
 
 Am. L. J. American Law Journal (Hall's), 
 Philadelphia. 
 
 Am. L. J. N. S. American Law Journal, 
 New Series, Philadelphia. 
 
 Am. L. Reg. American Law Register, 
 Philadelphia. 
 
 Am. L. Rev. American Law Review, Bos- 
 ton. 
 
 Am. L. T. American Law Times, Washing- 
 ton and New York. 
 
 Am. L. T. Bankr. American Law Times 
 Bankruptcy Reports. 
 
 Am. L. T. R. American Law Times Reports. 
 
 Am. Lead. Cas. American Leading Cases 
 (Hare & Wallace's). 
 
 Amb Neg. Cas. American Negligence Cases. 
 
 Am. Neg. Dig. American Negligence Di- 
 gest. 
 
 Am. Neg. Rep. American Negligence Re- 
 . porta. 
 
 Am. Rep. American Reports. 
 
 Am. St. Rep. American State Reporter. 
 
 Amb. (or Ambl.) Ambler's English Chan- 
 cery Reports. 
 
 Ames. Ames' Reports (4-7 Rhode Island) ; 
 — ^Ames' Reports (1 Minn.). 
 
 Ames Cas. B. & N. Ames' Cases on Bills 
 and Notes. 
 
 Ames, K & B. Ames, Knowles & Bradley's 
 Reports (8 Rhode Island). 
 
 And. Andrew's English King's Bench Re- 
 ports; — Anderson's English Common 
 Pleas Reports. 
 
 And. Cr. Law. Andrews on Criminal La*. 
 
 And. & Ston. J. A. Andrews & Stoney's Su- 
 preme Court of Judicature Acts. 
 
 Ang. Angeir & Durfee's Reports (1 Rhode 
 Island). 
 
 Ang,. Car. Angel! on Carriers. 
 
 Ang. & A. Corp. Angell & Ames on Cor- 
 porations. 
 
 Ang. & Dur. Angell & Durfee's Reports 
 (1 Rhode Island). 
 
 Ann. Cas. Annotated Cases, American. 
 
 Annaly. Annaly's edition of Lee t. Hard- 
 wicke. 
 
 Anon. Anonymous. 
 
 Ans. Con. Anson on Contracts. 
 
 Anst. Anstruther's English Exchequer Re- 
 ports. 
 
 Anth. Anthon's New York Nisi Prlus Re- 
 ports. 
 
 Anth. N. P. Anthon's New York Nisi Prius 
 Reports. 
 
 Anth. Shep. Anthon's edition of Sheppard's 
 Touchstone. 
 
 Ap. Just. Apud Justinianum (or Justinian's 
 Institutes). 
 
 App. Appleton's Reports (19, 20 Maine). 
 
 App. Cas. Appeal Cases, English Law Re- 
 ports. 
 
 App. Cas., Beng. Sevestre & Marshall's 
 Bengal Reports. 
 
 App. Ct. Rep. Bradwell's Illinoib Appeal 
 Court Reports. 
 
 App. Div. Appellate Division (N. Y.). 
 
 App. Rep. Appeal Reports, Ontario. 
 
 Appleton. Appleton's Reports (19, 20 
 main). 
 
 Arbuth. Arbuthnot's Select Criminal Cases, 
 Madras. 
 
 Arch. Court of Arches, England. 
 
 Arch. Civ. PI. Archbold's Civil Pleading and 
 Evidence. 
 
 Arch, C. L. Pp. Archbold's New Common 
 Law Practice. 
 
 Arch. C. P. Archbold's Practice In the 
 Common Pleas. 
 
 Arch. Cp. L. Archbold's Criminal Law. 
 
 Arch. Cp. PI. Archbold's Criminal Plead- 
 ing. 
 
 Arch. Cp. Prac. Archbold's Criminal Prac- 
 tice. 
 
 Arch. Cp. Proc. Archbold's Criminal Pro- 
 cedure. 
 
 Arch. J, C. Pr. Archibald on Practice of 
 Judges' Chambers. 
 
 Arch. K. B. Forms. Archbold's Forms in 
 King's Bench and Common Pleas. 
 
 Arch. K. B. Pp. Archbold's King's Bench 
 Practice. 
 
 Arch. N. P. Archbold's Nisi Prius. 
 
 Arch. P. C. Archbold's Pleas of the Crown. 
 
 Arch. P. (or Pp.) Ch. Archbold's Practice 
 by Chitty. 
 
 Arch. P. K. B. (or Q. B.) Archbold's Prac- 
 tice in -the King's (or Queen's) Bench. 
 
 Arch. Part. Archbold's Law of Partner- 
 ship. 
 
 Arch. Pp. Q. S. Archbold's Practice in 
 Quarter Sessions. 
 
 Archer & Hogue. Archer & Hogue's Re- 
 ports (2 Florida). 
 
 Arg. Bills Ex. Argles' French Law of Bills 
 of Exchange. 
 
 Arg. Inst. Institution au Droit Frangais, 
 par M. Argon. 
 
 Ariz. Arizona. 
 
 Ark. Arkansas Reports; — Arkley's Scotch 
 Justiciary Reports. 
 
 Arkl. Arkley's Justiciary Reports, Scot- 
 land. 
 
 Arms. M. & O. Armstrong, Macartney & 
 Ogle's Irish Nisi Prius Reports. 
 
TABLE OF ABBREVIATIONS 
 
 1091 
 
 Arms. Tr. Armstrong's Limerick Trials, 
 
 Ireland. 
 Arn. Arnold's English Common Pleas Re- 
 ports; — ^Arnot's Criminal Trials, Scot- 
 land. 
 
 Arn. Ins. Arnold's Marine Insurance. 
 
 Arn. Mun. Cor. Arnold's Municipal Cor- 
 porations. 
 
 Arn. & Hod. Arnold and Hodges' English 
 Queen's Bench Reports. 
 
 Arnot Cr. C. Arnot's Criminal Cases, Scot- 
 land. 
 
 Arun. Mines. Arundell on the law of Mines. 
 
 Ash. (or Ashm.) Ashmead's Pennsylvania 
 Reports. 
 
 Ashe. Ashe's Tables to the Year Books (or 
 to Coke's Reports; or to Dyer's Reports). 
 
 Ashurst MS. Ashurst's Paper Books, Lin- 
 coln's Inn Library; — Ashurst's Manu- 
 script Reports, printed in 2 Chitty. 
 
 Asp, Cas. (or Rep.) English Maritime Law 
 Cases, New Series, by Aspinall. 
 
 Ass. Liber Assisarum, — Book of Assizes. 
 
 Ass. Jerus. Assizes of Jerusalem. 
 
 Ass. Reg. Da. Assisa Regis David. 
 
 Asso & Man. Asso & Manuel's Institutes 
 of Spanish Civil Law. 
 
 Ast. Ent. Aston's Entries. 
 
 Atch. Atchison's English Navigation and 
 Trade Reports. 
 
 Ath. Mar. Set. Atherley on Marriage Set- 
 tlements. 
 
 Atl. Atlantic Reporter. 
 
 Atwater. Atwater's Reports (in 1 Minne- 
 sota). 
 
 Auch. Auchinleck's Manuscript Cases, 
 Scotch Court of Session. 
 
 Aust. Austin's English County Court 
 Cases ; — Australia. 
 
 Aust. Jur. Austin's Lectures on Jurispru- 
 dence; — Australian Jurist. 
 
 Aust. L. T. Australian Law Times. 
 
 Austin C. C. Austin's English County Court 
 Reports. 
 
 Ayl. Pand. AylifEe's Pandect of the Roman 
 Civil Law. 
 
 Ayl. Par. Ayliffe's Parergon Juris Canonlcl 
 Anglican!. 
 
 Ar. Mar. Law. Azuni's Maritime Law. 
 
 B. Barbour's Session Laws, New York. 
 
 B. C. C. Brown's Chancery Cases; — Bail 
 Court Cases (Lowndes & Maxwell). 
 
 B. D. & O. Blackham, Dundas, & Osborne's 
 Nisi Prius Reports, Ireland. 
 
 B. M. Burrow's Reports temp. Mansfield. 
 
 B. Men. Ben Monroe's Reports, Kentucky. 
 
 B. R. Bancus Regis, or King's Bench; — 
 Bankruptcy Reports;— Bankruptcy Regis- 
 ter, New York. 
 
 B. R. C. British Ruling Cases. 
 
 B. W. C. C. Butterworth's Workmen's Com- 
 pensation Cases. 
 
 B. & A. Barnewall & Adolphus' English 
 King's Bench Reports;— Barnewall & Al- 
 derson's English King's Bench Reports; 
 —Barron & Arnold's English Election 
 Cases;— Baron & Austin's English Elec- 
 tion Cases;— Banning' & Arden's Patent 
 Reports. 
 
 B. & Ad. Barnewall & Adolphus' English 
 King's Bench Reports. 
 
 B. & Aid. Barnewall & Alderson's King's 
 
 Bench Reports. 
 B. & Arn. Barron & Arnold's English Elec- 
 tion Cases. 
 B. & Aust. Barron & Austin's English Elec- 
 tion Cases. 
 
 B. & B. Broderlp & Bingham's English 
 Common Pleas Reports; — Ball & Beatty's 
 Irish Chancery Reports; — Bench & Bar 
 (periodical), Chicago, New York. 
 
 B. & C. Barnewall & Cresswell's English 
 King's Bench Reports. 
 
 B. & H. Blatchford & Rowland's United 
 States District Court Reports. 
 
 B. & H. Lead. Ca. Bennett & Heard's LeE^d- 
 ing Criminal Cases. 
 
 B. & L. Browning & Lushington's English 
 Admiralty Reports. 
 
 B. & L. Pr. Bullen & Leake's Precedents 
 of Pleading. 
 
 B. & P. Bosanquet & Puller's English 
 Common Pleas Reports. 
 
 B. & P. N. R. Bosanquet & Puller's New 
 Reports. 
 
 B. & S. Best & Smith's English Queen's 
 Bench Reports. 
 
 Ba. & Be. Ball & Beatty's Irish Chancery 
 Reports. 
 
 Bab. Auc. Babington's Law of Auctions. 
 
 Bab. Set-off. Babington's Law of Set-off. 
 
 Bac. Abr. Bacon's Abridgment. 
 
 Bac. Ca. Bacon's Case of Treason, 1641. 
 
 Bac. Comp. Arb. Bacon's Complete Arbi- 
 tration. 
 
 Bac. Gov. Bacon on Government. 
 
 Bac. Law Tr. Bacon's Law Tracts. 
 
 Bac. Lease. Bacon on Leases and Terms of 
 Years. 
 
 Bav. Lib. Reg. (or T. E.) Bacon's Liber 
 Regis, vel Thesaurus Rerum Ecclesiasti- 
 carum. 
 
 Bac. Max. Bacon's Maxims of the Law. 
 
 Bac. Uses. Bacon's Essay on Uses. 
 
 Bagl. Bagley's Reports (16 California). 
 
 Bagl. & Har. Bagley & Harman's Reports 
 (17-19 California). 
 
 Bai. (or Baii.) Bailey's Law Reports, South 
 Carolina. 
 
 Bai. (or Bail.) Eq. Bailey's Equity Reports, 
 South Carolina. 
 
 Bail. Ct. Rep. Saunders & Cole's English 
 Bail Court Reports; — Lowndes & Max- 
 well's English Bail Court Cases. 
 
 Bald. Baldwin's United States Circuit 
 Court Reports. 
 
 Balf. Pr. Balfour's Practicks of the Law of 
 Scotland. 
 
 Bail. Lim. Ballantine on Limitations. 
 
 Ball & B. Ball & Beatty's Irish Chancery 
 Reports. 
 
 Bank. Bankruptcy; — Bankruptcy Court. 
 
 Bank. Reg. Bankruptcy Register. 
 
 Bank. Rep. American Law Times Bank- 
 ruptcy Reports. 
 
 Bank. & Ins. R. Bankruptcy and Insolvency 
 Reports, English. 
 
 Banks. Banks' Reports (1-5 Kansas). 
 
 Bann. & Ard. Banning & Arden's Patent 
 Cases. 
 
1092 
 
 APPENDIX 
 
 Bar. Barnardiston's English King's Bench 
 Reports; — Bar Reports In all the Courts, 
 English; — Barbour (see Barb.). 
 Bar. Chy. Barnardiston's English Chancery 
 
 Reports. 
 Bar. Eq. Barton's Suit in Equity. 
 Bar Int. Pr. R. Bar, Das Internationale Pri- 
 
 vat-und-Strafrecht. 
 Bar. & Ad. Bamewall & Adolphus, English 
 
 King's Bench Reports. 
 Bar. & Al. Barnewall & Alderson's English 
 
 King's Bench Reports. 
 Bar. & Arn. Barron & Arnold's English 
 
 Election Cases. 
 Bar. & Aust. Barron & Austin's English 
 
 Election Cases. 
 Bar. & Cr. Barnewall & Cresswell's English 
 
 King's Bench Reports. 
 Barb. Barbour's Supreme Court Reports,, 
 New York; — Barber's Reports (14-24 Ar- 
 kansas). 
 Barb. Ch. Barbour's New York Chancery 
 
 Reports. 
 Barb, Ch. Pr. Barbour's Chancery Practice. 
 Barb. Cr. L. Barbour's Criminal Law. 
 Barb. Cr. P. Barbour's Criminal Pleadings. 
 Bare. Dig. Law Sc. Barclay's Digest of the 
 
 Law of Scotland. 
 Barn. Barnardiston's English King's Bench 
 Reports; — Barnes' English Common Pleas 
 Reports. 
 Barn. Ch. Barnardiston's English Chancery 
 
 Reports. 
 Barn. & Ad. Bamewall & Adolphus' Eng- 
 lish King's Bench Reports. 
 Barn. & Aid. Barnewall & Alderson's Eng- 
 lish King's Bench Reports. 
 Barn. & Cr. Barnewall & Cresswell's Eng- 
 lish King's Bench Reports. 
 Barnes. Barnes' Notes of Cases in Com- 
 mon Pleas. 
 Barr. Barr's Reports (1-10 Pennsylvania 
 
 State); — Barry (see Barry). 
 Barr. & Arn. Barron & Arnold's English 
 
 Election Cases. 
 Barr. & Aus. Barron & Austin's English 
 
 Election Cases. 
 Barron Mir. Barron's Mirror of Parliament. 
 Bart. Eq. Barton's Suit in Equity. 
 Bart. L. Pr. Barton's Law Practice. 
 Bat Stat. Battle's Revised Statutes of 
 
 North Carolina, 1873. 
 Bates. Bates' Delaware Chancery Reports. 
 Batt. Batty's Irish King's Bench Reports. 
 Bax. Baxter's Reports, Tennessee. 
 Bay. Bay's South Carolina Reports; — Bay's 
 
 Reports (1-3 and 5-8 Missouri). 
 Bea. Costs (or C. E.) Beames' Costs in 
 
 Equity. 
 Bea. Eq. PI. Beames' Equity- Pleading. 
 Bea. Ne Ex. Beames on the Writ of Ne 
 
 Exeat Regno. 
 Bea. Ord. Beames* Orders in Chancery. 
 Bea. PI. Eq. Beames' Pleas in Equity. 
 Beas. Beasley's New Jersey Chancery Re- 
 ports. 
 Beat. Beattys Irish Chancery Reports. 
 Beav., Beavan's English Rolls Court Re- 
 ports. 
 Beav. O. C. Beavan's Ordines Cancellariae. 
 Beaw. Lex. Mer. Beawes' Lex Mercatoria. 
 
 Bee. Cr. Beccaria on Crimes and Punish- 
 ments. 
 
 Bee (or Bee Adm.) Bee's United States Dis- 
 trict Court Reports. 
 
 Bel. Bellewe's English King's Bench Re- 
 ports ; — Bellasis' Bombay Reports ; — Ber- 
 ing's Ceylon Reports. 
 
 Bel. Ca. t. H. VIM. Bellewe's Cases, Henry 
 VIII (Brook's New Cases). 
 
 Bel. Prob. Belknap's Probate Law of Cali- 
 fornia. 
 
 Beling. Beling'g Ceylon Reports. 
 
 Beling & Van. Beling & Vanderstraaten's 
 Ceylon Reports. 
 
 Bell. Bell's English Crown Cases Re- 
 served; — Bell's Scotch Appeal Cases; — 
 Bell's Scotch Session Cases; — Bell's Cal- 
 cutta Reports; — Bellewe's English King's 
 Bench Reports; — ^Brooke's New Cases, by 
 Bellewe; — Bellinger's Reports (4-8 Ore- 
 gon) ; — Bellasis' Bombay Reports. 
 
 Bell App. Cas. Bell's Scotch House of 
 Lords (Appeal) Cases. 
 
 Bell Arb. Bell's Law of Arbitration in 
 Scotland. 
 
 Bell C. C. Bell's English Crown Cases Re- 
 served; — Bellasis' Civil Cases, Bombay; 
 ' — Bellasis' Criminal Cases, Bombay. 
 
 Bell C. H. C. Bell's Reports, Calcutta High 
 Court. 
 
 Befl Cas. Bell's Cases, Scotch Court of 
 Session. 
 
 Bell. Cas. t. H. VIII. Brooke's New Cases 
 (collected by Bellewe). 
 
 Bell. Cas. t. R. II. Bellewe's English King's 
 Bench Reports (time of Richard II.). 
 
 Bell Cr. Ca. Bell's Engish Crown Cases 
 Reserved; — Bellasis' Criminal Cases, Bom- 
 bay. 
 
 Bell. Del. Beller's Delineations of Uni- 
 versal Law. 
 
 Bell Diet. Bell's Dictionary and Digest of 
 the Laws of Scotland. 
 
 Bell fol. Bell's folio Reports, Scotch Court 
 of Session. 
 
 Bell H. L. Bell's House of Lords Cases, 
 Scotch Appeals. 
 
 Bell Oct. (or 8vo.) Bell's octavo Reports, 
 Scotch Court of Session. 
 
 Bell P. C. Bell's Cases in Parliament, 
 Scotch Appeals. 
 
 Bell Ses. Cas. Bell's Cases in the Scotch 
 Court of Session. 
 
 Bellas. Bellasis' Criminal (or Civil) Cases, 
 Bombay. 
 
 Bellewe. Bellewe's English King's Bench 
 Reports. 
 
 Bellewe t. H. VIII. Brooke's New Cases (col- 
 lected by Bellewe). 
 
 Belt Bro. Belt's edition of Brown's Chan- 
 cery Reports. 
 
 Belt Sup. Belt's Supplement to Vesey 
 Senior's English Chancery Reports. 
 
 Belt Ves. Sen. Belt's edition of Vesey 
 Senior's English Chancery Reports. 
 
 Ben. Benedict's United States District 
 Court Reports. 
 
 Ben. Adm. Benedict's American Admiralty 
 Practice. 
 
 Ben. & Dal. Benloe & Dalison's English 
 Common Pleas Reports. 
 
TABLE OF ABBREVIATIONS 
 
 1093 
 
 Ben. & H. L. C. Bennett & Heard's Lead- 
 ing Criminal Cases. 
 
 Bendl. Bendloe (see Benl.). 
 
 Bened. Benedict's United States District 
 Court Reports. 
 
 Benet Ct.-M. Benet on Military Law and 
 Courts-Martial. 
 
 Beng. L. R. Bengal Law Reports, India. 
 
 Beng, S. D. A. Bengal Sudder Dewanny 
 Adawlut Reports. 
 
 Benj. Sa. Benjamin on Sales. 
 
 Benl. Behloe's or Bendloe's English King's 
 Bench Reports. 
 
 Benl. in Ashe. Benloe at the end of Ashe's 
 Tables. 
 
 Benl. in Keil. Benloe or Bendloe in Kail- 
 way's Reports. 
 
 Benl. New. Benloe's Reports, English Kings 
 Bench. 
 
 Benl. Old. Benloe of Benloe & Balison, 
 English Common Pleas Reports. 
 
 Benl. & Dal. Benloe & Dalison's Common 
 Pleas Reports. 
 
 Benn. See Bennett, below. 
 
 Benn. & H. Cr. Cas. Bennett & Heard's 
 Leading Criminal Cases. 
 
 Benn. & H. Dig. Bennett and Heard's 
 Massachusetts Digest. 
 
 Benne. Reporter of Vol. 7 Modern Reports. 
 
 Bennett. Bennett's Reports (1 California) ; 
 I — Bennett's Reports (1 Dakota) ; — ^Ben- 
 nett's Reports (16-21 Missouri). 
 
 Bent. Cod. Bentham's Codification. 
 
 Bent. Const. Code. Bentham's Constitution- 
 al Code for all Nations. 
 
 Bent. Ev. (or Jud. Ev.) Bentham's Judicial 
 Evidence. 
 
 Bent. Mor. & Leg. Bentham's Principles of 
 Morals and Legislation. 
 
 Bent. Pun. Bentham's Rationale of Pun- 
 ishment. 
 
 Bent. The. Leg. Bentham's Theory of Leg- 
 islation. 
 
 Ber. Berton's New Brunswick Reports. 
 
 Berry. Berry's Reports (1-9 Missouri Court 
 of Appeals). 
 
 Bert. Berton's New Brunswick Reports. 
 
 Best Beg. & Rep. Best on the Right to Be- 
 gin and Reply. 
 
 Best Ev. Best on Evidence. 
 
 Best Jur. Tr. Best on Trial by Jury. 
 
 Best & Sm. Best and Smith's English 
 Queen's Bench Reports. 
 
 Betts' Ad mi Pr. Betts' Admiralty Practice. 
 
 Belts' Dec. Blatchford & Howland's United 
 States District Court Reports;— Olcott's 
 United States District Court Reports. 
 
 Bev. Emp. L. Bevin on Employer's Liabil- 
 ity for Negligence of Servants. 
 
 Bew. & N. Pr. Bewley & Naish on Common 
 Law Procedure. 
 
 Bibb. Bibb's Reports, Kentucky. 
 
 Bick. & Hawl. Bicknell & Hawley's Reports 
 (10 Nevada). 
 
 Big. Bignell's Reports, India. 
 
 Big. Cas. Bigelow's Cases, William I. to 
 Richard I. 
 
 Big. Cas. B. & N. Bigelow's Cases on Bills 
 & Notes. ' 
 
 Big. Cas. Torts. Bigelow's Leading Cases 
 in Torts. 
 
 Big. Eng. Proc, Bigelow's English Proced- 
 ure. 
 
 Big,. Eq. Blgelow on Equity. 
 
 Big. Est. Bigelow on Estoppel. 
 
 Big. Fr. Bigelow on Frauds. 
 
 Big. Jarno. Wills. Bigelow's edition of Jar- 
 man on Wills. 
 
 Big. Lead. Cas. Bigelow's Leading Cases in 
 Bills and Notes; Torts; or Wills. 
 
 Big. Plao. Bigelow's Placita Anglo-Norman- 
 nlca. 
 
 Big. Proc. Bigelow's English Procedures. 
 
 Big, Torts. Bigelow on Torts. 
 
 Sign. Bignell's Indian Reports. 
 
 Bilb. Ord. Ordinances of Bilboa. 
 
 Billot Extrad. Billot, Trait6 de I'Extradi- 
 tion. 
 
 Bin. Binney's Pennsylvania Reports. 
 
 Bing. Bingham's English Common Pleas 
 Reports. 
 
 Bing. Act. & Def. Bingham's Actions and 
 Defences in Real Property. 
 
 Bing. N. C. Bingham's New Cases, English 
 Common Pleas. 
 
 Bing. R. P. Bingham on the Law of Real 
 Property. 
 
 Binm. Ind. Binmore's Index-Digest of Mich- 
 igan Reports. 
 
 Binn. Binney's Pennsylvania Reports. 
 
 Bird Supp. Bird's Supplement to Barton's 
 Conveyancing. 
 
 Bish. Burr. Bishop's edition of Burrill on 
 Assigninents. 
 
 Bish. Con. Bishop on Contracts. 
 
 Bish. Cr. L. Bishop on Criminal Law. 
 
 Bish. Cr. Proc. Bishop on Criminal Pro- 
 cedure. 
 
 Bish. IVIar. & Div. Bishop on Marriage and 
 Divorce. 
 
 Bishop Mar. Worn. Bishop on Married 
 Women. 
 
 Bish. Noll. Pros. Bishop's Law of Nolle 
 Prosequi. 
 
 Bish. Stat. Cr. Bishop on Statutory Crimes. 
 
 Bisp. Eq. Bispham's Principles of Equity. 
 
 Biss. Bissell's United States Circuit Court 
 Reports. 
 
 Biss. Stat. Bissell's Minnesota Statutes. 
 
 Bitt. Pr. Case. Bittleston's Practice Cases, 
 Judicature Act. 
 
 Bitt. W. & P. Bittleson, Wise, & Parnell's 
 Reports (2, 3 New Practice Cases). 
 
 Bl. Black's United States Supreme Court 
 Reports; — ^Blatchford's United States Cir- 
 cuit Court Reports; — Blackford's Indiana 
 Reports ; — Blount's Law Dictionary ; — 
 Henry Blackstone's English Common 
 Pleas Reports; — W. Blackstone's English 
 King's Bench Reports ; — Blackstone's Com- 
 mentaries. 
 
 Bl. Com. Blackstone's Commentaries. 
 
 Bl. D. & O. Blackham, Dundas, & Osborne's 
 Irish Nisi Prius Reports. 
 
 Bl. H. Henry Blackstone's English Com- 
 mon Pleas Reports. 
 
 Bl. L. T. Blackstone's Law Tracts. 
 
 Bl. Pr., Cas. Blatchford's Prize Cases. 
 
 Bl. R. (or Bl. W.) Sir William Blackstone's 
 English King's Bench Reports. 
 
1094 
 
 APPENDIX 
 
 Bl. & H. Blatchford & Howland's United 
 States District Court Reports. 
 
 Bl. & W. Mines. Blanchard & Weeks' Lead- 
 ing Cases on Mines. 
 
 Bla. Black (see Bl.) ; — Blackstone (see 
 Black.). 
 
 Bla. Ch. Bland's Maryland Chancery 
 Reports. 
 
 Bla. Com. Blackstone's Commentaries. 
 
 Bla. H. Henry Blackstone's English Com- 
 mon Pleas Reports. 
 
 Bla. W. Sir William Blackstone's Reports, 
 English King's Bench. 
 
 Black. Black's United States Supreme 
 Court Reports; — Black's Reports (30-53 
 Indiana) ; — H. Blackstone's English Com- 
 mon Pleas Reports; — W. Blackstone's 
 English King's Bench Reports; — Black- 
 ford's Indiana Reports. 
 
 Black. Anal. Blackstone's Analysis of the 
 Laws of England. 
 
 Black. Com. Blackstone's Commentaries on 
 the Laws of England. 
 
 Black. D. & O. Blackham, Dundas, & Os- 
 horne's Irish Nisi Prius Reports. 
 
 Black. H. Henry Blackstone's English Com- 
 mon Pleas Reports. 
 
 Black. Mag. Ch. Blackstone on Magna Char- 
 ta. 
 
 Black R. Black's United States Supreme 
 Court Reports; — ^W. Blackstone's Eng- 
 lish King's Bench Reports. 
 
 Black. W. William Blackstone's English 
 King's Bench Reports. 
 
 Blackf. Blackford's Indiana Reports. 
 
 Blackst. Blackstone (see Black). 
 
 Blackw. Sc. Ate. Blackwell's Scotch Acts. 
 
 Blake. Blake's Reports (1 Montana). 
 
 Blake Ch. Pa. Blake's Chancery Practice, 
 New York. 
 
 Blan. Lim. Blanshard on Statute of Limi- 
 tations. 
 
 Bland. Bland's Maryland Chancery Re- 
 ports. 
 
 Bland's Ch. See Bland. 
 
 Blash. Juries. Blashfield, Instructions to 
 Juries. 
 
 Blatchf. Blatchford's United States Circuit 
 Court Reports. 
 
 Blatchf. Pr. Cas. Blatchford's Prize Cases. 
 
 Blatchf. & H. Blatchford & Howland's Unit- 
 ed States District Court Reports. 
 
 Blax. Eng. Co. Blaxland's Codex Legum 
 Angelicanum. 
 
 Bleckley. Bleckley's Reports (34, 35 Geor- 
 gia). 
 
 Bli. Bligh's English House of Lords Re- 
 ports. 
 
 Bli. N. S. Bligh's English House of Lords 
 Reports, New Series. 
 
 Bliss Co. PI. Bliss on Code Pleading. 
 
 Bliss Ins. Bliss on Life Insurance. 
 
 Blunt. Mod. Voik. Bluntschll, Das Moderne 
 Volkerrecht. 
 
 Boh. Dec. Bohun's Declarations and Plead- 
 ings. 
 
 Bomb. H. Ct. Bombay High Court Reports. 
 
 Bomb. Sel. Cas. Bomljay Select Cases. 
 
 Bomb. Ser. Bombay Series, Indian Law Re- 
 Reports. 
 
 Bond. Bond's United States Circuit Court 
 Reports. 
 
 Booraem. Booraem's Reports (6-8 Califor- 
 nia). 
 
 Borr. Borradaile's Reports, Bombay. 
 
 Bos. Bosworth's New York Superior Court 
 Reports. 
 
 Bos. PI. Bosanquet's Rules of Pleading. 
 
 Bos. & D. Lim. Bosanquet & Darby's Limi- 
 tations. 
 
 Bos. & Pul, Bosanquet & Puller's English 
 Common Pleas Reports. 
 
 Bos. & Pul. N. R. Bosanquet & Puller's New 
 Reports, English Common Pleas. 
 
 Bosw. Bosworth's New York Superior 
 Court Reports. 
 
 Bou. Inst. Bouvier's Institutes of Ameri- 
 can Law. 
 
 Bouln. Boulnois' Reports, Bengal. 
 
 Bourke. Bourke's Reports, Calcutta High 
 Court. 
 
 Bousq. Diet, de Dr. Bousquet, Dictionnaire 
 de Droit. 
 
 Bouv. Inst. Bouvier's Institutes of Ameri- 
 can Law. 
 
 Boyd Adm. Boyd's Admiralty Law, Ireland. 
 
 Boyle Act. Boyle's. Precis of an Action at 
 Common Law. 
 
 Br. Bracton; — Bradford; — Bradwell; — 
 Brayton; — Breese; — Brevard; — 
 Brewster; — Bridgman; — Brightly; — 
 British; — Britton; — Brockenbrough; 
 — Brooke; — Broom; — Brown; — 
 Brownlow; — Bruce; — see below, especial- 
 ly under Bro. 
 
 Br. Abr. Brooke's Abridgment. 
 
 Br. Brev; Jud. Brownlow's Brevia Judicialia, 
 etc. 
 
 Br. C. C. British (or English) Crown Cases 
 (American Reprint); — Brown's Chancery 
 Cases, English. 
 
 Br. Cr. Ca. British (or English) Crown 
 Cases (American reprint). 
 
 Bp. Leg. Max. Broom's Legal Maxims. 
 
 Br. Not. Brooke's Office of a Notary. 
 
 Br. N. C. Brooke's New Cases, English 
 King's Bench. 
 
 Br. P. C. Brown's English Parliamentary 
 Cases. 
 
 Br. Syn. Brown's Synopsis of Decisions, 
 Scotch Court of Session. 
 
 Br. & Fr. Broderick & Fremantle's Ecclesi- 
 astical Cases, English. 
 
 Br. & Gold. Brownlow & Goldborough's 
 English Common Pleas Reportes. 
 
 Br. & L. Browning & Lushington's Eng- 
 lish Admiralty Reports. 
 
 Bra. Bracton de Legibus, etc., Angliae. 
 
 Brae. Bracton de Legibus, etc., Angliae. 
 
 Brad. Bradford's Surrogate Reports, New 
 York; Bradford's Kentucky Statutes; — 
 Bradford's Iowa Reports;— Bradwell's 
 Illinois Reports. 
 
 Bradf. Bradford's New York Surrogate Re- 
 ports;— Bradford's Reports, Iowa. 
 
 Bradw. Bradwell's Appellate Reports, Illi- 
 nois. 
 
 Branch. Branch's Reports (1 Florida). 
 Branch Pr. Branch's Principia Legis et 
 Equitatis (Maxims). 
 
TABLE OF ABBREVIATIONS 
 
 1095 
 
 Brandenburg Bankr. Brandenburg's Bank- 
 ruptcy. 
 Brandenburg Dig. Brandenburg's Bank- 
 ruptcy Digest 
 
 Brandt Sur. Brandt on Suretyship and 
 Guaranty. 
 
 Bray. Brayton's Vermont Reports. 
 
 Breese. Breese's Reports (1 Illinois). 
 
 Brev. Brevard's South Carolina Reports. 
 
 Brev. Sel. Brevia Selecta, or Choice Writs. 
 
 Brewer. Brewer's Reports (19-26 Mary- 
 land). 
 
 Brewst. Brewster's Pennsylvania Reports. 
 
 Brice Ult. V. Brice's Ultra Vires. 
 
 Bridg. J. Sir J. Bridgman's English Com- 
 mon Pleas Reports. 
 
 Bridg. O. Sir Orlando Bridgman's English 
 Common Pleas Reports. 
 
 Bright. Brightly's Nisi Prius Reports. 
 
 Bright. N. P. Brightly's Pennsylvania Nisi 
 Prius Reports. 
 
 Bright. Pur. Dig. Brightly's edition of Pur- 
 don's Digest of Pennsylvania Laws. 
 
 Brisbin. Brisbln's Reports (in 1 Minne- 
 sota). 
 
 Brit, (or Britt.) Britten's Ancient Pleas 
 of the Crown. 
 
 Brit. Cr. Cas. British (or English) Crown 
 Cases. 
 
 Brit. Rul. Cas. British Ruling Cases. 
 
 Bro. Browne's Pennsylvania Reports; — 
 Brown's Michigan Nisi Prius Reports; — 
 Brown's English Chancery Reports; — 
 Brown's Parliamentary Cases. 
 
 Bro. A. & R. Brown's United States Dis- 
 trict Court Reports (Admiralty and Reve- 
 nue Cases). 
 
 Bro. Abr. Brooke's Abridgment. 
 
 Bro. Adm. Brown's United States Ad- 
 .miralty Reports. 
 
 Bro. C. C. (or C. R.) Brown's English 
 Chancery Cases, or Reports. 
 
 Bro. Ch. Brown's English Chancery Re- 
 ports. 
 
 Bro. Ch. Pr. Browne's Practice of the High 
 Court of Chancery. 
 
 Bro. Div. Pr. Browne's Divorce Court 
 Practice. 
 
 Bro. Ecc. Brooke's Six Judgments in Ec- 
 clesiastical Cases (English). 
 
 Bro. Fr. Browne on the Statute of Frauds. 
 
 Bro. Leg. IVIax. (or Bro. Max.) Brooms' 
 Legal Maxims. 
 
 Bro. N. C. Brooke's New Cases, English 
 King's Bench. 
 
 Bro. N. P. Brown's Michigan Nisi Prius 
 Reports. 
 
 Bro. P. C. Brown's English Parliamentary 
 Cases. 
 
 Bpo. Pa. Browne's Pennsylvania Reports. 
 
 Bro. Prac (or Prax.) Brown's Practice 
 (Praxis), or Precedents in Chancery. 
 
 Bro. Prob, Pr. Browne's Probate Practice. 
 
 Bro. St. Fr. Browne on the Statute of 
 Frauds. 
 
 Bro. Tr. IV1. Browne on Trade Marks. 
 
 Bro. Us. & Cus. Browne's Law of Usages 
 and Customs. 
 
 Bpo. & Fr. Broderick & Fremantle's Eng- 
 lish Ecclesiastical Cases. 
 
 Bro. & G. Brownlow & Goldesborough's 
 
 lish Common Pleas Reports. 
 Bro. & Lush. Browning & Lushington's Eng- 
 lish Admiralty Reports. 
 Brock. Brockenbrough's Marshall's Deci- 
 sions, U. S. Circuit Court. 
 Brock. Cas. Brockenbrough's Virginia Cases. 
 Brock. & Hoi. Brockenbrough & Holmes' 
 "Virginia Cases." 
 
 Brod, & BIng. Broderip & Bingham's Eng- 
 lish Common Pleas Reports. 
 
 Brod. & Fr. Broderick -iS; Fremantle's Ec- 
 clesiastical Cases. 
 
 Brooke. Brooke's New Cases. English 
 King's Bench. 
 
 Brooke Abr. Brooke's "La Graunde Abridg- 
 ment." 
 
 Brooke N. C. Brooke's New Cases, English 
 King's Bench Reports. 
 
 Brooke Not. Brooke on the Office and Prac- 
 tice of a Notary. , 
 
 Brooke (Petit) Brooke's New Cases. 
 
 Brooke Six Judg. Brooke's Six Ecclesias- 
 tical Judgments (or Reports). 
 
 Broom Leg. iVIax. Broom's Legal Maxims. 
 
 Brough. Civ. Pro. Broughton's Indian Civil 
 Procedure. 
 
 Broun. Broun's Justiciary Reports, Scot- 
 land. 
 
 Brown. Brown's English Parliamentary 
 Cases; — ^Brown's English Chancery Re- 
 ports; — Brown's United States District 
 Court Reports; — ^Brown's Michigan Nisi 
 Prius Reports; — ^Brown's Reports (4-10 
 Nebraska) ; — Brownlow (& Goldesbor- 
 ough's) English C. P. Reports;— see also 
 Bro., above. 
 
 Brown A. & R. Brown's United States Dis- 
 trict Court Reports (Admiralty and Rev- 
 enue Cases). 
 
 Brown N. P. Brown's Michigan Nisi Prius 
 Reports. 
 
 Brown. & Gold. Brownlow & (Joldesbor- 
 ough's English Common Pleas Reports. 
 
 Brown & Hemingway. Brown & Heming- 
 way's Reports (53-58 Mississippi). 
 
 Brown. & Lush. Browning & Lushington's 
 English Admiralty Reports. 
 
 Brown. & Lush. IVI. & D. Browning & 
 Lushington on Marriage and Divorce. 
 
 Browne. Browne's Pennsylvania Reports; 
 — ^Browne's Reports ,(97-107 Massachu- 
 setts) ; — see also Bro. 
 
 Browne St. Fr. Browne on the Statute of 
 Frauds. 
 
 Browne Us. Browne on Usages and Cus- 
 toms. 
 
 Browne & Gray. Browne & Gray's Reports 
 110-114 Massachusetts). 
 
 Brownl. & Gold. Brownlow & Goldesbor- 
 ough, English Common Pleas Reports. 
 
 Bru. (or Bruce) Bruce's Scotch Court of 
 Session Reports. 
 
 Bryce Civ. L. Bryce's Study of the Civil 
 Law. 
 
 Buch. Buchanan's (Eben J. or James) Re- 
 ports, Cape of Good Hope. 
 
 Buch. Cas. (or Tr.) Buchanan's Remark- 
 able Criminal Cases, Scotland. 
 
 Buck. Cooke. Bucknill's Cooke's Cases of 
 Practice, Common Pleas. 
 
1096 
 
 APPENDIX 
 
 Buck. Dec. Buckner's Decisions (in Free- 
 man's Mississippi Chancery Reports). 
 
 Buff. Super. Ct. Sheldon's Buffalo (N. Y.) 
 Superior Court Reports. 
 
 Bull N. P. Buller's Law of Nisi Prius. 
 
 Bulst Bulstrode's English King's Bench 
 Reports. 
 
 Bump Fr. Conv. Bump on Fraudulent Con- 
 veyances. 
 
 Bunb. Buiibury's English Eixchequer Re- 
 ports. 
 
 Burr. Burrows' English King's Bench Re- 
 ports; — Burnett's Wisconsin Reports. 
 
 Bur. M. Burrows' Reports temp. Mansfield. 
 
 Bur. & Gres. Eq. PI. Burroughs & Gresson's 
 Irish Equity Pleader. 
 
 Burke Cel. Tr. Burke's Celebrated Trials. 
 
 Burl. Nat. Burlamaqui's Natural and Po- 
 litic Law. 
 
 Burm. L. R. Burmah Law Reports. 
 
 Burn, Burnett's Wisconsin Reports. 
 
 Burn Eccl. Bum's Ecclesiastical Law. 
 
 Burnet. Burnet's Manuscript Decisions, 
 Scotch Court of Session. 
 
 Burnett. Burnett's Wisconsin Reports. 
 
 Burr. Burrow's English King's Bench Re- 
 ports. 
 
 Burr. Ass. BurrlU on Assignments. 
 
 Burr. S. C. Burrows' English Settlement 
 Cases. 
 
 Burr Tr. Rob; Burr'e^ Trial, reported by 
 Robertson. 
 
 Burr. & Gr. Eq. PI. Burroughs & Gresson, 
 Irish Equity Pleader. 
 
 Burt. Cas. Burton's Collection of Cases and 
 Opinions. 
 
 Burt. Pari. Burton's Parliamentary Diary. 
 
 Burt. Sc. Tr. Burton's Scotch Trials. 
 
 Busb. Busbee's Law Reports, North Caro- 
 lina. 
 
 Busb. Eq. Busbee's Equity Reports, North 
 
 Bush. Bush's Kentucky Reports. 
 
 Bush Dig. Bush's Digest Florida Laws. 
 
 Butts Sh. Butts' edition of Shower's ISng- 
 lish King's Bench Reports. 
 
 Byl. Bills. Byles on Bills of Exchange. 
 
 Byl. Exch. Byles' Law of Elxchange. 
 
 Byl. Us. L. Byles on the Usury Laws. 
 
 Byn. War. Bynkershoek's Law of War. 
 
 Bynk. Bynkershoek's Quaestionum Juris 
 Publici. 
 
 C. Cowen (New York); — Connecticut; — 
 California ; — Colorado ; — Canada. 
 
 C. B. Common Bench Reports (Manning, 
 Granger, & Scott). 
 
 C. B. N. S. Common Bench Reports, New 
 Series. 
 
 C. C. Circuit Court; — Crown Cases;— 
 Chancery Cases; — County Court; — City 
 Court; — ^Civil Code; — Cepi Corpus; — 
 Coleman's Cases (New York) ; — Cases in 
 Chancery; — Causes C^lgbres; — Civil 
 Code;— 'Code Civil Frangais, or Code Na- 
 poleon. 
 ,C. C. B. Code de Commerce Beige. 
 ' C. C. E. Calnes' Cases in Error, N. Y.; — 
 Cases of Contested Elections. 
 
 C. C. P. Code of Civil Procedure. 
 
 C. C. Q. Civil Code of Quebec. 
 
 C. C. R. Crown Cases Reserved; — City 
 Courts Reports; County Court Reports;-^ 
 Circuit Court Reports. 
 
 C. Com. Code de Commerce. 
 
 C. Cr. Pr. Code of Criminal Procedure. 
 
 C. D. Comyn's Digest; — Commissioner's 
 Decisions, United States Patent Office. 
 
 C. E. Gr. C. E. Greene's New Jersey Equity 
 Reports. 
 
 C. F. Code Forestier Frangais. 
 
 C. H. & A. Carrow, Hamerton, & Allen's 
 New Sessions Cases, English. 
 
 C. H. Rep. City Hall Reporter (Lomas'), 
 New York City. 
 
 C. Instr. Cr. Code d'Instruction Criminelle. 
 
 C. J. Corpus Juris. 
 
 C. J. C. Corpus Juris Civilis; — Couper's Ju- 
 diciary Cases, Scotland. 
 
 C. J. Can. Corpus Juris Canonici. 
 
 C. J. Civ. Corpus Juris Civilis. '' 
 
 C. L. J. Central Law Journal, St. Louis; — 
 Chicago Law Journal; — ^Canada Law Jour- 
 nal, Toronto. 
 
 C. L. J. N. S. Canada Law Journal, New 
 Series. 
 
 C. L. N. Chicago Legal News. 
 
 C. L. R. Common Law Reports, printed by 
 Spottiswoode; — "English Common Law 
 Reports," American reprint; — Cleveland 
 Law Record, Cleveland, Ohio. 
 
 C. M. ■& R. Compton, Meeson, & Roscoe's 
 English Exchequer Reports. 
 
 C. N. Code Napoleon (or Civil Code). 
 
 C. N. Conf. Cameron & Norwood's North 
 Carolina Conference Reports. 
 
 C. N. P. C. Campbell's Nisi Prius Cases. 
 
 C. P. C. (or Coop.) C. P. Cooper's English 
 Chancery Practice Cases; — Code de Pro- 
 cedure (Civile. 
 
 C. P. C. t. Br. C. P. Cooper's English Chan- 
 cery Reports temp- Brougham. 
 
 C. P. C. t. Cott. C. P. Cooper's English 
 Chancery Reports temp. Cottenham. 
 
 C. P. Div. Common Pleas Division, Eng- 
 lish Law Reports. 
 
 C. P. U. C. Common Pleas Reports, Upper 
 Canada. 
 
 C. R. Chancery Reports; — Code Reporter, 
 New York. 
 
 C. R. N. S. Code Reports, New Series, New 
 York. 
 
 C. S. C. Canada Supreme Court; — Consoli- 
 dated Statutes of Canada. 
 
 C. S. L. C. Consolidated Statutes of Lower 
 Canada. 
 
 C. .S. U. C. Consolidated Statutes of Upper 
 Canada. 
 
 C. S. & P. Craigie, Stewart, & Paton's 
 Scotch Appeal Cases. 
 
 C. T. Constitutiones Tiberii. 
 
 C. Theod. Codex Theodosiani. 
 
 C. t. K.' Cases temp. King (Macnaghten's 
 Select Chancery Cases, English). 
 
 C. t. N. Cases temp. Northington (Eden's 
 English Chancery Reports). 
 
 C. t. T. Cases temp. Talbot, English Chan- 
 cery. 
 
 C. Vict. Dominion of Canada Statutes in 
 
 the Reign of Victoria. 
 C. W. Dud. C. W. Dudley's Law or Equity 
 ' Reports, South Carolina. 
 
TABLE OF ABBREVIATIONS 
 
 1097 
 
 C. & A. Cooke & Alcock's Irish King's 
 Bench Reports. 
 
 C. & C. Coleman & Caines' Cases, New 
 York. 
 
 C. & D. Corbett and Daniell's English Elec- 
 tion Cases; — Crawford & Dix's Irish Cir- 
 cuit Cases. 
 
 C. & D. A. C. Crawford & Dix's Abridged 
 Cases, Irish. 
 
 C. & D. C. C. Crawford & Dix's Irish Cir- 
 cuit Cases. 
 
 C. & F. Clark & Finnelly's English House 
 of Lords Reports. 
 
 C. & J. Crompton & Jervis' English Ex- 
 chequer Reports. 
 
 C. & K. Carrington & Kirwan's English Nisi 
 Prius Reports. 
 
 C. & L. Connor & Lawson's Irish Chancery 
 Reports. 
 
 C. & M. Crompton & Meeson's English 
 Exchequer Reports; — Carrington & 
 Marshman's English Nisi Prius Reports. 
 
 C. & Marsh. Carrington & Marshman's 
 English Nisi Prius Reports. 
 
 C. & N. Cameron & Norwood's North Caro- 
 lina Conference Reports. 
 
 C. & P. Carrington & Payne's English Nisi 
 Prius Reports; — Craig & Phillips' Chan- 
 cery Reports. 
 
 C. & R. Cockburn & Rowe's English Elec- 
 tion Cases. 
 
 Cahi'll's III. St. Cahill's Illinois Statutes. 
 
 Cai. Caines' New York Term Reports; — 
 Caius (or Gains) (see Gains). • 
 
 Cai. Cas. (or Cas Err.) Caines' New York 
 Cases in Error. 
 
 Cai. Pr. Caines' Practice. 
 
 Cai. T. R. Caines' (Term) Reports, New 
 York. 
 
 Call. Call or Gail Institutiones (see Gains). 
 
 Cain. Caines (see Cai.). 
 
 Cairn's Dec. Cairn's Decisions in the Al- 
 bert Arbitration. 
 
 Cat. California Reports; — Calcutta; — Cal- 
 throp's English King's Bench Reports; — 
 Caldecott's English Settlement Cases; — 
 Calendae. 
 
 Cai. App. California Appellate. 
 
 Cai. L. J. California Law Journal, San 
 Francisco. 
 
 Cai. Leg. Adv. Calcutta Legal Adviser, In- 
 dia. 
 
 Cai. Leg. Obs. Calcutta Legal Observer. 
 
 Cai. Rep. California Reports; — Calthrop's 
 English icing's Bench Reports. 
 
 Cai. S. D. A. Calcutta Sudder Dewanny 
 Adawlut Reports. 
 
 Cai. Ser. Calcutta Series Indian Law Re- 
 ports. 
 
 Cai. W. R. Calcutta Weekly Reporter, In- 
 dia. 
 
 Cald. (J. P. or Set. Cas.) Caldecott's Eng- 
 lish Magistrate's (Justice of the Peace) 
 and Settlement Cases. 
 
 Call. Call's Virginia Reports. 
 
 Calth. Calthrop's English King's Bench Re- 
 ports. 
 
 Cam. Cameron's Reports, Upper Canada, 
 Queen's Bench. 
 
 Cam. Due. Camera Ducata (Duchy Cham-. 
 ber). 
 
 Cam. Op. Cameron's Legal Opinions, Tor- 
 onto. 
 
 Cam. & Nor. Cameron & Norwood's North 
 Carolina Conference Reports. 
 
 Camp. Campbell's English Nisi Prius Re- 
 ports; — see also Campbell. 
 
 Camp. Ch. Jus. Campbell's Lives of the 
 Chief Justices. 
 
 Camp. Ld. Ch. Campbell's Lives of the Lord 
 
 dl£LIlC6llOI?S 
 
 Camp. N. P. Campbell's English Nisi Prius 
 Reports. 
 
 Camp. Romi L. (or Comp.) Campbell's Com- 
 pendium of Roman Law. 
 
 Campbell. Campbell's English Nisi Prius 
 Reports; — Campbell's Reports of Taney's 
 United States Circuit Court Decisions; — 
 Campbell's Legal Gazette Reports, Penn- 
 sylvania. 
 
 Can. Cp. Acts. Canada Criminal Acts, 
 Taschereau's edition. 
 
 Can. L. J. Canada Law Journal, Toronto; — 
 (Lower) Canada Law Journal, Montreal. 
 
 Can. L. T. Canadian Law Times. 
 
 Can. S. C. Rep. Canada Supreme Court Re- 
 ports. 
 
 Car. H. & A. Carrow, Hamerton, and Allen's 
 New Sessions Cases, English. 
 
 Car. Laws. Caruther's History of a Lawsuit. 
 Cases in Chancery. 
 
 Car. & Kir. Carrington & Kirwan's Eng- 
 lish Nisi Prius Reports. 
 
 Car. & Mar. Carrington & Marshman's 
 English Nisi Prius Reports. 
 
 Car. & P. Carrington & Payne's English 
 Nisi Prius Reports. 
 
 Carp. P. C. Carpmael's English Patent 
 Cases. 
 
 Carpenter. Carpenter's Reports (53 Cali- 
 fornia). 
 
 Carr. Ham. & AI. Carrow, Hamerton, & 
 Allen's New Sessions Cases, English. 
 
 Carrau. Carrau's edition of "Summary 
 Cases," Bengal. 
 
 Cart, de For. Carta de Poresta (the Char- 
 ter of the Forest). 
 
 Carter. Carter's English Common Pleas 
 Reports; — Carter's Reports (1 & 2 Indi- 
 ana). ,_ 
 
 Carth. Carthew's English King's Bench Re- 
 ports. 
 
 Cary. Gary's English Chancery Reports. 
 
 Cary Lit. Gary's Commentary on Little- 
 ton's Tenures. 
 
 Cas. Casey's Reports (25-36 Pennsylvania 
 State). 
 
 Cas. B. R. Cases Banco Regis temp. Wil- 
 liam in. (12 Modern Reports). 
 
 Cas. B. R. Holt. Cases and Resolutions (of 
 Settlements; not Holt's King's Bench Re- 
 ports). ♦ 
 
 Cas. C. L. Cases in Crown Law. 
 
 Cas. Ch. Cases in Chancery, English; — Se- 
 lect Cases in Chancery; — Cases in Chan- 
 cery (9 Modern Reports). 
 
 Cas. Eq. Cases in Equity, Gilbert's Re- 
 ports; — Cases and Opinions in Law, 
 Equity, and Conveyancing. 
 
 Cas. Eq. Abr. Cases in Equity, Abridged, 
 English. 
 
1098 
 
 APPENDIX 
 
 Cas. F. T. Cases tempore Talbot, by For- 
 rester, English Chancery. 
 Cas. in C. Cases in Chancery; — Select 
 
 Cases in Chancery. 
 Cas. K. B. Cases in King's Bench (8 Mod- 
 ern Reports). 
 Cas. K. B. t. H. Cases tempore Hardwicke 
 (W. Kelynge's English King's Bench Re- 
 ports). 
 Cas. L. & Eq. Cases in Law and Equity 
 (10 Modern Reports) ; — (Gilbert's) Cases 
 in Law and Equity, English. 
 Cas. Pr. C. P. Cases of Practice, English 
 
 Common Pleas (Cooke's Reports). 
 Cas. Pp. K. B. Cases of Practice in the 
 
 King's Bench. 
 Cas. R. Casey's Reports (25-36 Pennsyl- 
 vania State). 
 Cas. S. C. (Cape G. H.) Cases in the Su- 
 preme Court, Cape of Good Hope. 
 Cas. Sett. Cases of Settlement, King's 
 
 Bench. 
 Cas. Six Cip. Cases on the Six Circuits, 
 
 Ireland. 
 Cas. t. Ch. II. Cases tempore Charles II., 
 
 in Vol. 3 of Reports in Chancery. 
 Cas. t. F. Cases tempore Finch, English 
 
 Chancery. 
 Cas. t. GeOj I, Cases tempore George I., 
 English Chancery (8, 9 Modern Reports). 
 Cas. t. H. Cases tempore Hardwicke, Eng- 
 lish King's Bench (Ridgway, Lee, or An- 
 n^ly); — Cases tempore Holt, English 
 King's Bench (Holt's Reports) ; — ^West's 
 Chancery Reports, tempore Hardwicke. 
 Cas. t. K. Select Cases tempore King, Eng- 
 lish Chancery (edited by Macnaghten) ; — 
 Moseley's Chancery Reports, tempore 
 King. 
 Cas. t. Lee. (PhlUimore's) Cases tempore 
 
 Lee, English Ecclesiastical. 
 Cas. t. IVlac. Cases tempore Macclesfield 
 
 (10 Modern Reports). 
 Cas. (. Nap. Cases tempore Napier, by 
 
 Drury, Irish Chancery. 
 Cas. t. North. Cases tempore Northington 
 
 (Eden's English Chancery Reports). 
 Cas. t. Plunk. Cases tempore Plunkett, by 
 
 Lloyd & Gould, Irish Chancery. 
 Cas. t. Q. A. Cases tempore Queen Anne 
 
 (11 Modem Reports). 
 Cas. t. Sugd. Cases tempore Sugden, Irish 
 
 Chancery. 
 Cas. t. Tal. Cases tempore Talbot, English 
 
 Chancery. 
 Cas. t. Wm. III. Cases tempore William III. 
 
 (12 Modern Reports). 
 Cas. Tak. & Adj. Cases Taken and Adjudged 
 (first edition of Reports in Chancery; see 
 n. 5, p. 76). 
 Cas. Wm. I. Bigelow's Cases, William I. to 
 Richard I. » 
 
 Casey. Casey's Reports (25-36 
 vania State). 
 
 Cay Abr. Cay's Abridgment of the English 
 Statutes. 
 
 Cel. Tr. Celebrated Trials; — Burke's Cele- 
 brated Trials. 
 
 Cent. Dig. Century Digest. 
 
 Cent. L. J. Central Law Journal, St, 
 Mo. 
 
 Ch. App. Cas. Chancery Appeal Cases, Eng- 
 lish Law Reports. 
 Ch. Bills. Chitty on Bills. 
 Ch. Black. Chitty's Blackstone;— Chase's 
 
 Blacks tone. 
 Ch. Cas. Ch. Choyce Cases in Chancery. 
 Ch. Cham. Chancery Chambers' Reports, 
 
 Ontario. 
 Ch. Col. Op. Chalmers' Colonial Opinions. 
 Ch. Cr. L. Chitty's Criminal Law. 
 Ch. DIv. Chancery Division, English Law 
 
 Reports. 
 Ch. PI. Chitty on Pleading. 
 Ch. Rep. Reports in Chancery; — Irish 
 
 Chancery Reports. 
 Ch. R. M. R. M. Charlton's Georgia Reports. 
 Ch. T. U. P. T. U. P. Charlton's Georgia 
 
 Reports. 
 Ch. & CI. Cas. Cripp's Church and Clergy 
 
 Cases. 
 Chal. Op. Chalmers' Colonial Opinions. 
 Chamb. Rep. Chancery Chambers Reports, 
 
 Ontario. 
 Chan. Chaney's Reports (37-44 Michigan). 
 Chand. Chandler's Reports, Wisconsin;— 
 Chandler's Reports (20 and 38-44 New 
 Hampshire). 
 Chand. Cr. Tr. Chandler's American Crim- 
 inal Trials. 
 Chaney. Chaney's Reports (37-44 Michigan). 
 Char. Merc. Charta Mercatoria. 
 Charl. Pr. Cas. Charley's English Practice 
 
 Cases. 
 Charl. R. M. R. M. Charlton's Georgia Re- 
 ports. 
 Charl. T. U. P. T. U. P. Charlton's Georgia 
 
 Reports. 
 Chart, (or Rot. Chart.) Rotulus Chartar- 
 
 um (The Charter Roll). 
 Chart. Antiq. Chartae Antiquae. 
 Chart. Forest. Charta de Foresta. 
 Chase. Chase's United States Circuit Court 
 
 Decisions. 
 Chase's Bl. Chase's edition of Blackstone. 
 Chase Tr. Chase's Trial (Impeachment) 
 
 by the United States Senate. 
 Chev. Cheve's South Carolina Law Re- 
 ports. 
 
 Chev. Ch. (or Eq.) Cheve's South Carolina 
 Equity Reports. 
 
 Chic. L. B. Chicago Law Bulletin, Illinois. 
 
 Chic. Leg. N. Chicago Legal News, Illinois. 
 
 Chip. Chipman's Reports, New Brunswick. 
 
 Chip. D. D. Chipman's Vermont Reports. 
 
 Chip. MS. Reports printed from Chipman's 
 Manuscript, New Brunswick. 
 
 Chip. N. N. Chipman's Vermont Reports. 
 
 Chit. Chitty's English Bail Court Reports. 
 
 Chit. Arch. Pr. Chitty's Edition of Arch- 
 bold's Practice. 
 
 Chit. B. C. Chitty's English Bail Court Re- 
 ports. 
 
 Chit. Bills (or B. & N.) Chitty on Bills. 
 Chit. Bl. Chitty's edition of Blackstone's 
 
 Commentaries. 
 Chit. Burn's J. Chitty's edition of Burn's 
 
 Justice. 
 Chit. Con. Chitty on Contracts. 
 C4iit. Cr. L. Chitty's Criminal Law. 
 Louis, Chit. Des. Chitty on the Law, of Descents. 
 Chit. Gen. Pr. Chitty's General Practice. 
 
 Pennsyl- 
 
TABLE OF ABBREVIATIONS 
 
 1099 
 
 Chit. PI. Chltty on Pleading. 
 
 Chit. Pr. Chitty's General Practice. 
 
 Chit. Prec. Chitty's Precedents in Pleading. 
 
 Chit. Prer. Chitty's Prerogatives of the 
 Crown. 
 
 Chit. R. Chitty's English Bail Court Re- 
 ports. 
 
 Chit. & H. Biils. Chitty,& Hulme on Bills 
 of Exchange. 
 
 Chitt. Chitty's English Bail Court Reports; 
 — see also Chit. 
 
 Cho. Ca. Ch. Choyce Cases in Chancery. 
 
 Chr. Rep. Chambers Reports, Upper Cana- 
 da. 
 
 Chr. Rob. Christopher Robinson's English 
 Admiralty Reports. 
 
 Chron. Div. Cts. Chronicles of the Divorce 
 Courts. 
 
 Chron. Jur. Chronica Juridicalia. 
 
 Cin. Law Bui. Cincinnati Law Bulletin, 
 Cincinnati, Ohio. 
 
 Cin. S. C. Rep. Cincinnati Superior Court 
 Reporter. 
 
 City Ct. Rep. City Courts Reports, New 
 York City. 
 
 City H. Rec. City Hall Recorder (Rogers'), 
 New York. 
 
 City H. Rep. Lomas' City Hall Reporter, 
 New York. 
 
 City Rec. City Record, New York. 
 
 Civ. Pr. Rep. Civil Procedure Reports, New 
 York. 
 
 Ci. (or Rot. Cd.) Rotulus Clausarum (The 
 Close Roll) ; — Clark (see Clark and 
 Clarke). 
 
 CI. App. Clark's Appeal Cases, House of 
 Lords. 
 
 CI. Can. Ins. Clarke's Canada Insolvent 
 Acts. 
 
 CI. Ch. Clarke's Chancery Reports, New 
 York. 
 
 CI. Home. Clerk Home, Scotch Session 
 Cases. 
 
 CI. & Fin. Clark & Finnelly's House of 
 Lords Cases. 
 
 CI. & Fin. N. S. House of Lords' Cases, by 
 Clark (see n. 12, p. 73). 
 
 CI. & H. Clarke's & Hall's Contested Elec- 
 tions in Congress. 
 
 Clar. Pari. Chr. Clarendon's Parliamentary 
 Chronicle. 
 
 Clark. English House of Lords Cases, by 
 Clark; — Pennsylvania Law Journal Re- 
 ports, edited by Clark; — Clark's Reports 
 (58 Alabama); — see also Clarke. 
 
 Clark & Fin. Clark & Finnelly's House of 
 Lords Reports. 
 
 Clark & Fin. N. S. Clark & Finnelly's Re- 
 ports, New Series (Clark, see n. 12, p. 73). 
 
 Clarke. Clarke's New York Chancery Re- 
 ports; — ^Clarke's edition of 1-8 Iowa; — 
 Clarke's Reports (19-22 Michigan);— 
 Clarke's Notes of Cases, Bengal;— see 
 
 Clarke Ch. Clarke's New York Chancery 
 Reports. 
 
 Clayt. Clayton's English Reports, York As- 
 sizes. 
 
 Clerk Home. Clerk Home's Decisions, 
 Scotch Court of Session. 
 
 Clerke Pr. Gierke's (or Clarke's) Praxis Ad- 
 miralitatis. 
 
 Clif. Clifford's United States Circuit Court 
 Reports. 
 
 Clif. & Rick. Clifford &_Rickard's English 
 Locus Standi Reports. 
 
 Clif. & St. Clifford & Stephens' English Lo- 
 cus Standi Reports. 
 
 Clow L. C. on Torts. Clow's Leading Cases 
 on Torts. 
 
 Co. County; — Company; — Coke's English 
 King's Bench Reports. 
 
 Co. Cop. Coke's Copyholder. 
 
 Co. Ct. Chr. County Courts Chronicle, Lon- 
 don. 
 
 Co. Ct. Rep. County Court Reports, Eng- 
 lish. 
 
 Co. Cts. Coke on Courts (4th Institute). 
 
 Co. Ent. Coke's Book of Entries. 
 
 Co. G. Reports and Cases of Practice In 
 C. P. temp. Anne, Geo. I., and Geo. II., by 
 Sir G. Coke. (Same as Cooke's Practice 
 Reports.) 
 
 Co. Lit. Coke on Littleton (1st Institute). 
 
 Co. M. C. Coke's Magna Charta (2d Insti- 
 tute). 
 
 Co. P. C. Coke's Pleas of the Crown (3d 
 Institute). 
 
 Co. Pi. Coke's Pleadings (sometimes pul> 
 lished separately). 
 
 Co. Rep. Coke's Reports, King's Bench. 
 
 Cobb. Cobb's Reports (6-20 Georgia). 
 
 Cobb. Pari. Hist. Cobbett's Parliamentary 
 History. 
 
 Cobb. St. Tr. Cobbett's (afterwards How- 
 ell's) State Trials. 
 
 Cochr. Cochran's Nova Scotia Reports. 
 
 Cock. & Rowe. Cockburn & Rowe's Elec- 
 tion Cases. 
 
 Cocke. Cocke's Reports (16-18 Alabama) ; — 
 Cocke's Reports (14, 15 Florida). 
 
 Cod. Jur. Civ. Codex Juris Civilis. 
 
 Code Civ. Code Civile Frangaise (or Code 
 Napoleon.) 
 
 Code Com. B. Code de Commerce, Beige. 
 
 Code Com. I. Code de Commerce, Italien. 
 
 Code For. Code Forestier Frangais. 
 
 Code I. Code d' Instruction Criminelle. 
 
 Code La. Civil Code of Louisiana. 
 
 Code M. Code Municipal, Quebec. 
 
 Code N. (or Nap.) Code Napolgon (.or Code 
 Civil). 
 
 Code P. Code P6nal. 
 
 Code P. C. Code de Procedure Civile. 
 
 Code Pro. Code of Procedure. 
 
 Code Rep. New York Code Reporter. 
 
 Code Rep. N. S. New York Code Reports, 
 New Series. 
 
 Codes Fr. Les Codes Frangaises. 
 
 Cogh. Epit. Coghlan's Epitome of Hindu 
 Law Cases. 
 
 Coke. Coke's English King's Bench Re- 
 ports. 
 
 Coke Ent. Coke's Book of Entries. 
 
 Coke Inst. Coke's Institutes. 
 
 Coke Lit. Coke on Littleton. 
 
 Col. Colorado Reports. 
 
 Col. C. C. CoUyer's E^lish Chancery 
 Cases. 
 
1100 
 
 APPENDIX 
 
 Col. Cas. Coleman's Cases (of Practice), 
 New York. 
 
 Col. L. Rep. Colorado Law Reporter. 
 
 Col. & Cai. Coleman and Caines' Gases, 
 New York. 
 
 Cold. Coldwell's Tennessee Reports. 
 
 Colds. Pr. Coldstream's Scotch Court of 
 Session Procedure. 
 
 Cole. Cole's edition of Iowa Reports. 
 
 Coll. Collyer's English Chancery Cases; — 
 CoUes' Parliamentary Cases. 
 
 Coll. Caus. CSI. Collection des Causes C61e- 
 bres, Paris. 
 
 Coll. Jurid. Collectanea Juridica. 
 
 Coll. L. D. et O. Collection des Lois, 
 D^crets et Ordonnances. 
 
 Coll. P. C. Colles' English Parliamentary 
 (House of Lords) Cases. 
 
 Colles. Colles' English Parliamentary 
 Cases. 
 
 Colly. Collyer's English Vice Chancellors' 
 Reports. 
 
 Colly. Part. Collyer on Partnership. 
 
 Colo. Colorado Reports. 
 
 Colo App« Colorado Appeals. 
 
 Colo. L. Rep. Colorado Law Reporter. 
 
 Colq. Colquit's Reports (1 Modern). 
 
 Columbia L. Rev. Columbia Law Review. 
 
 Colvil. Colvil's Manuscript Decisions, 
 Scotch Court of Session. 
 
 Coly. Guar. (De) Colyar on Guarantees. 
 
 Com. Comyn's Reports, English King's 
 Bench; — Comberbach's English King's 
 Bench Reports; — Comstock's Reports (1-4 
 New York Court of Appeals). 
 
 Com. B. Common Bench; — (English) Com- 
 mon Bench Reports (Manning, Granger, 
 and Scott). 
 
 Com. B. N. S. (English) Common Bench 
 Reports, New' Series. 
 
 Com. Jour. Journals of the House of Com- 
 mons. 
 
 Com. Law Rep. English, Common Law Re- 
 ports (American Reprint) ; — Common 
 Law Reports, published by Spottiswoode. 
 
 Com. PI. Common Pleas, English Law Re- 
 ports. 
 
 Com. PI. DIv. Common Pleas Division, Eng- 
 glish Law Reports. 
 
 Com. PI. Reptr. Common Pleas Reporter, 
 Scranton, Pa. 
 
 Comb. Comberbach's English King's Bench 
 Reports. 
 
 Comm. Commentaries; — Blackstone's Com- 
 mentaries. 
 
 Cpmst. Comstock's Reports (1-4 New York 
 Court of Appeals). 
 
 Comyns. Comyns' English King's Bench 
 Reports. 
 
 Con. Conover's Reports (16-52 Wisconsin) ; 
 Continuation of Rolle's Reports (2 RoUe). 
 
 Con. Cus. Conroy's Custodiam Reports. 
 
 Con. & Law. Connor & Lawson's Irish 
 Chancery Reports. 
 
 Con. & Sim. Connor and Simonton's South 
 Carolina Equity Digest. 
 
 Cond. Ch. R. (or Eng. Ch.) Condensed Eng. 
 lish Chancery Reports (American Re- 
 print) . 
 
 Cond. Eccl. Condensed E}ccleslastical Re- 
 ports (American reprint). 
 
 Cond. Ex. R. Condensed Exchequer Re- 
 ports (Price, &c., American reprint). 
 
 Cond. Rep. U. S. Peters' Condensed United 
 States Reports. 
 
 Conf. Conference Reports (by Cameron 
 and Norwood), North Carolina. 
 
 Conf. Chart. Confirmatio Chartarum. 
 
 Cong. Gl. Congressional Globe, Washing- 
 ton. 
 
 Cong. Rec. Congressional Record, Wash- 
 ington. 
 
 Conn. Connecticut; — Connecticut Reports. 
 
 Conover. Conover's Reports (16-52 Wiscon- 
 sin.) 
 
 Conr. Conroy's Custodiam Reports. 
 
 Cons, del M. Consolato del Mare. 
 
 Cons. Ord. in Ch. Consolidated General 
 Orders in Chancery. 
 
 Consist. Rep. English Consistorial Re- 
 ports, by Haggard. 
 
 Const Constitutional Reports, South Caro- 
 lina, by Mills; — Constitutional Reports, 
 South Carolina, by Treadway; — Constitu- 
 tional Reports, Vol. 1, South Carolina, by 
 Harper. 
 
 Const N. S. Constitutional Reports (Mill), 
 South Carolina, New Series. 
 
 Const. Oth. Constitutiones Othoni (found at 
 the end of Lyndewood's Provlnciale). 
 
 Const. S. C. Constitutional Reports, South 
 Carolina, printed by Treadway. 
 
 Const. S. C. N. S. S. C. Constitutional Re- 
 ports, New Series, printed by Mills. 
 
 Const. U. S. Constitution of the United 
 States. 
 
 Consuet Feud. Consuetudines Feudorum; 
 or, the Book of Feuds. 
 
 Conv. Est. Convention of the Estates of 
 Scotland. 
 
 Coo. & H. Tr. Cooke & Harwood's Chari- 
 table Trusts Acts. 
 
 Cooke. Cooke's Cases of Practice, English 
 Common Pleas; — Cooke's Reports, Ten- 
 nessee. 
 
 Cooke Pr. Cas. Cooke's Practice Reports, 
 English Common Pleas. 
 
 Cooke & Al. Cooke's & Alcock's Reports, 
 Irish King's Bench. 
 
 Cooke & H. Ch. Tr. Cooke & Harwood's 
 Charitable Trust Acts. 
 
 Cool. Black. Cooley^s edition of Black- 
 stone. 
 
 Cool. Con. Law. Cooley's Constitutional 
 Law. 
 
 Cool. Con. Lim. Cooley's Constitutional 
 Limitations. 
 
 Cool. Tax. Cooley on Taxation. 
 
 Cool. Torts. Cooley on Torts. 
 
 Cooley. Cooley's Reports (5-12 Michigan). 
 
 Coop. Cooper's Tennessee Chancery Re- 
 ports; — Cooper's English Chancery Re- 
 ports temp. Eldon; — Cooper's English 
 Chancery Reports temp. Cottenham;— 
 Cooper's English Chancery Reports temp 
 Brougham;— Cooper's English Practice 
 Cases, Chancery. 
 
 Coop. C. C. (or Cas.) Cooper's Chancery 
 cases temp. Cottenham. 
 
 Coop. C. & P. R. Cooper's Chancery and 
 Practice Reporter, Upper Canada. 
 
TABLE OF ABBREVIATIONS 
 
 1101 
 
 Coop. Ch. Cooper's Tennessee Chancery Re- 
 ports. 
 
 Coop. Inst, (or Just.) Cooper's Institutes of 
 Justinian. 
 
 Coop. Pp. Cas. Cooper's . Practice Cases, 
 Engllsli Chancery. 
 
 Coop. Rect Cooper's Public Records of 
 •Great Britain. 
 
 Coop. Sel. Ca. Cooper's Select Cases temp. 
 Eldon, English Chancery. 
 
 Coop. t. Br. Cooper's Cases temp. Brough- 
 am, English Chancery. 
 
 Coop. t. Cott Cooper's Cases temp. Cot- 
 tenham, English Chancery. ' 
 
 Coop. t. Eld. Cooper's Cases temp. Eldon, 
 English Chancery. 
 
 Coop. Teri. Chy. Cooper's Tennessee Chan- 
 cery Reports. 
 
 Cooper. Cooper (see Coop., above). 
 
 Copp Min. Dec. Copp's United States Min- 
 ing Decisions. 
 
 Cor. Coryton's Bengal Reports. 
 
 Corp. Jup. Corpus Juris. 
 
 Corp. J UP. Can. Corpus Juris Canonici. 
 
 Corp. Jup. Civ. Corpus Juris Civilis. 
 
 Corp. Jup. Germ. Corpus Juris Germanici. 
 
 Corvin. El. Corvinus' Elementa Juris Civil- 
 is. 
 
 Coryton. Coryton's Reports, Calcutta High 
 Court. 
 
 Cot. Abr. Cotton's Abridgment of the Rec- 
 ords. 
 
 Cou. Couper's Justiciary Reports, Scotland. 
 
 Count. Cts. Ch. County Courts Chronicle, 
 London. 
 
 Court. & Macl. Courtenay & Maclean's 
 Scotch Appeals (6 and 7 Wilson & Shaw). 
 
 Cout. de N. Coutumes de Normandie. 
 
 Cout. de P. Coutumes de Paris. 
 
 Cow. Co wen's New York Reports; — Cow- 
 per's English K. B. Reports. 
 
 Cow. N. Y. Cowen's New York Reports. 
 
 Cowp. Cowper's English King's Bench Re- 
 ports. 
 
 Cowp. Cas. Cowper's Ca^es, in the third 
 volume of Reports in Chancery. 
 
 Cox. Cox's English Chancery Reports; — 
 Cox's English Criminal Cases; — Cox's Re- 
 ports (25-27 Arkansas). 
 
 Cox C. C. Cox's English Criminal Cases. 
 
 Cox Ch. Cox's English Chancery Cases. 
 
 Cox Ch. Pp. Cox's Chancery Practice. 
 
 Cox Cp. Ca. Cox's English Criminal Cases. 
 
 Cox Mc. & H. Cox, McCrae, & Hertslet's 
 English County Court Reports. 
 
 Cox Tp. M. Ca. Cox's American Trade Mark 
 Cases. 
 
 Cox & Atk. Cox & Atkinson, English Regis- 
 tration Appeal Reports. 
 
 Coxe. Coxe's Reports, New Jersey. 
 
 Coxe Bract. Coxe's translation of Giiter- 
 bach's Bracton. 
 
 Cr. Cranch's Reports, United States Su- 
 preme Court; — ^Cranch's United States 
 Circuit Court Reports. 
 
 Cp. C. C. Cranch's United States Circuit 
 Court Cases (Reports). 
 
 Cp. Cas. Res. Crown Cases Reserved. 
 
 Cr. M. & R. Crompton, Meeson, & Rosooe's 
 English Exchequer Reports. . 
 
 Cp. Pat. Dec. Ctanch's Decisions on Patent 
 Appeals. 
 
 Cp. S. & P. (or Cr. & St.) Craigie, Stewart, 
 & Paton's Scotch Appeal Cases. 
 
 Cr. & Dix. Crawford & Dlx's Irish Circuit 
 Court Cases. 
 
 Cr. & Dix Ab. Cas. Crawford & Dlx's 
 (Irish) Abridged Cases. 
 
 Cp. & M. Crompton & Meeson's English 
 Exchequer Reports. 
 
 Cr. & Ph. Craig & Phillips' English Chan- 
 cery Reports. 
 
 Crabb Conv. Crabb's Treatise on Convey- 
 ancing. 
 
 Crabb Eng. L. Crabb's History of the Eng- 
 lish Law. 
 
 Crabb R. P. Crabb on Real Property. 
 
 Crabbe. Crabbe's United States District 
 Court Reports. 
 
 Craig & 'Ph. Craig and Phillips' English 
 Chancery Reports. 
 
 Craig. & St. (or Craig. St. & Pat.). Craigie, 
 Stewart, and Paton's Scotch Appeal Cases. 
 
 Craik C. C. Craik's English Causes Celebres. 
 
 Cranch. Ctanch's United States Supreme 
 Court Reports. 
 
 Cranch C. C. (or D. C.) Cranch's U. S. Cir- 
 cuit Court Reports, District of Columbia. 
 
 Cranch Pat. Dec. Cranch's Patent Deci- 
 sions. 
 
 Craw. & D. Crawford & Dix's Circuit Court 
 Cases, Ireland. 
 
 Craw. & D. Ab. Cas. Crawford & Dix's 
 Abridged Cases, Ireland. 
 
 Creas. Col. Const. Creasy's Colonial Consti- 
 tutions. 
 
 Creas. Eng. Cons. Creasy's Rise and Prog- 
 ress of the English Constitution. 
 
 Creas. Int. L. Creasy on International Law. 
 
 Creasy.. Creasy's Ceylon Reports. 
 
 Cress. Ins. Cas. Cresswell's English Insol- 
 vency Cases. 
 
 Crim. L. Mag. Criminal Law Magazine, Jer- 
 sey City, N. J. 
 
 Cripp Ch. Cas. Cripp's Church and Clergy 
 Cases. 
 
 Critch. Critchfleld's Reports (5-21 Ohio 
 State). 
 
 Cpo. (Croke's English King's Bench Re- 
 ports; — Kell way's English King's Bench 
 Reports. 
 
 Cro. Car. Croke's English King's Bench Re- 
 ports temp. Charles I. (3 Cro.). 
 
 Cro. Eliz. Croke's English King's Bench Re- 
 ports temp. Elizabeth (1 Cro.). 
 
 Cro. Jac. Croke's English King's Bench Re- 
 ports temp. James (Jacobus) (I) (2 Cro.). 
 
 Crockfopd. English Maritime Law Reports, 
 published by Crockford. ' 
 
 Croke. See Cro., above. 
 
 Cromp. Star Chamber Cases by Crompton. 
 
 Cromp. IVI. & R. Crompton, Meeson, and 
 Roscoe's English Exchequer Reports. 
 
 Cromp. R. & C. Pr. Crompton's Rules and 
 Cases of Practice. 
 
 Cromp. & F. Fitzherbert's Justice, enlarged 
 by Crompton. 
 
 Cromp. & Jerv. Crompton & Jervis's Eng- 
 lish Exchequer Reports. 
 
 Cromp. & Mees. Crompton & Meeson's 
 English Exchequer Reports. 
 
1102 
 
 APPENDIX 
 
 Crouns«. Crounse's Reports (3 Nebraska). 
 
 Crowther. Crowther's Ceylon Reports. 
 
 Cru. Dig. Cruise's Digest of Law of Real 
 Property. 
 
 Cru. Fin. Cruise's Fines and RecoTeries. 
 
 Cru. Us. Cruise on Uses. 
 
 Crumrine. Pittsburgh Reports, edited by 
 Crumrine. 
 
 Cummins. Cummins' Idaho Reports. 
 
 Cun. (or Cunn.) Cunningham's English 
 King's Bench Reports. 
 
 Cur. Curtis' United States Circuit Court 
 Reports. 
 
 Cur. Dec. Curtis' Decisions, United States 
 Supreme Court. 
 
 Curry. Curry's Reports (6-19 Louisiana). 
 
 Curt. Curtis United States Circuit Court 
 Reports; — Curteis' English Ecclesiastical 
 Reports. 
 
 Curt. Adm. Dig. Curtis' Admiralty Digest. 
 
 Curt. C. C. Curtis' United States Circuit 
 Court Decisions. 
 
 Curt. Dec. Curtis' United States Supreme 
 Court Decisions. 
 
 Curt. Ecc. Curteis' English Ecclesiastical 
 Reports. 
 
 Curtis. Curtis' United States Circuit Court 
 Reports. 
 
 Curw. Ov. Cas. Curwen's Overruled Cases, 
 Ohio. 
 
 Cush. Cushing's Massachusetts Reports; — 
 Cushman's Mississippi Reports. 
 
 Cush. Elec. Cas. Cushing's Election Cases 
 in Massachusetts. 
 
 Cush. IVlan. Cushing's Manual of Parlia- 
 mentary Law. 
 
 Cush. Pari. Law. Cushing's Law and Prac- 
 tice of Legislative Assemblies. 
 
 Cushing. Cushing's Massachusetts Reports. 
 
 Cushman. Cushman's Mississippi Reports. 
 
 Cyc. Cyclopedia of Law and Procedure. 
 
 Cyc Corp. Fletcher's Cyclopedia of Corpor- 
 ations. 
 
 Cyc. Diet. Cyclopedic Law Dictionary. 
 
 D. Digest (particularly the Digest of Jus- 
 tinian) ; Dallas' United States and Penn- 
 sylvania Reports; — Denio's Reports, New 
 York; — Dunlop, Bell, & Murray's Reports, 
 Scotch Session Cases (second series). 
 
 D. Abr. D'Anvers' Abridgment. 
 
 D'Agu. CEuv. D'Aguesseau, CEuvres. 
 
 D. B. Domesday Book. 
 
 D. Chip. D. Chipman's Reports, Vermont. 
 
 D. F. & J. De Gex, Fisher,- & Jones' Eng- 
 lish Chancery Reports. 
 
 D. F. & J. B. De Gex, Fisher, & Jones' Eng- 
 lish Bankruptcy Reports. 
 
 D. G. De Gex; — De Gex's English Bank- 
 ruptcy Reports. 
 
 D. J. & S. De Gex, Jones, & Smith's Eng- 
 lish Chancery Reports. 
 
 D. J. & S. B. De Gex, Jones, & Smith's Eng- 
 lish Bankruptcy Reports. 
 
 D. iVI. & G. De Gex, Macnaghten, & Gor- 
 don's English Chancery Reports. 
 
 D. IVI. & G. B. De Gex, Macnaghten, & Gor- 
 don's English Bankruptcy Reports. 
 
 D. N. S. Dowling's Reports, New Series, 
 English Bail Court; — ^Dow, New Series 
 (Dow & Clark, English House of Lords 
 Cases). 
 
 D. P. Domus Procerum (House of Lords). 
 D. P. B. Dampier Paper Book, in Lincoln's 
 
 Inn Library. 
 D. P. C. Dowling's English Practice Cases. 
 D. & B. Dearsly & Bell's English Crown 
 
 Cases. 
 D. & C. Dow & Clark's English House of 
 Lords (Parliamentary) Cases. 
 
 D. & Ch. Deacon and Chitty's English 
 Bankruptcy Reports. 
 
 D. & E. Dumford & East's (Term) Reports, 
 English King's Bench. 
 
 D. & J. De Gex & Jones' English Chancery - 
 Reports. 
 
 D. & J. B. De Gex & Jones' English Bank- 
 ruptcy Reports. 
 
 D. & L. Ddwling & Lowndes' English Bail 
 Court Reports. 
 
 D. & M. Davison & Merivale's English 
 Queen's Bench Reports. 
 
 D. & R. Dowling & Ryland's English King's 
 Bench Reports. 
 
 D. & R. M. C. Dowling & Ryland's English 
 Magistrates' Cases. 
 
 D. & R. N. P. Dowling & Ryland's English 
 Nisi Prius Cases. 
 
 D. & S. Doctor and Student; — ^Drewry & 
 Smale's Chancery Reports. 
 
 D. & W. Drury & Walsh's Irish Chancery 
 Reports; — Drury & Warren's Irish Chan- 
 cery Reports. 
 
 Da. Dakota; — Dakota Territory Reports. 
 
 Dak. Dakota Territory Reports. 
 
 Dal. Dallas' United States Reports; — ^Dali- 
 son's English Common Pleas Reports 
 (bound with Benloe) ; — Dalrymple's 
 Scotch Session Cases. 
 
 Dai I. Dallas' Pennsylvania and United 
 States Reports; — ^Dallas' Styles, Scotland; 
 — Dallas, Laws of Pennsylvania. 
 
 Dall. Dec. (or Dall. Dig.) Dallam's Texas 
 Decisions, printed originally in Dallam's 
 Digest. 
 
 Dall. in Keil. Dallison in Keilway's Re- 
 ports, English King's Bench. 
 
 Dall. L. Dallas' Laws of Pennsylvania. 
 
 Dall. S. C. Dallas' United States Supreme 
 Court Reports. 
 
 Dallas. Dallas' Pennsylvania and United 
 States Reports. 
 
 Dalr. Dalrymple's Decisions, Scotch Court 
 of Session; — (Dalrymple of) Stair's Deci- 
 sions, Scotch Court of Session; — Dalrym- 
 ple of) Hailes' Scotch Session Cases. 
 
 Dalrymiple. (Sir Hew) Dalrymple's Scotch 
 Session Cases; — (Sir David Dalrymple of) 
 Hailes' Scotch Session Cases; — (Sir 
 James Dalrymple of) Stair's Scotch Ses- 
 sion Cases; — see also Dal. 
 
 Daly. Daly's New York Common Pleas Re- 
 ports. 
 
 Dan. Daniell's Exchequer and Equity Re- 
 ports; — ^Dana's Kentucky Reports; — Dan- 
 ner's Reports (42 Alabama). 
 
 Dan. Ch. Daniell's Chancery Practice. 
 
 Dan. Neg. Ins, Daniel's Negotiable Instru- 
 ments. 
 
 Dan. Ord. Danish Ordinances. 
 
 Dan. & LI. Danson & Lloyd's Mercantile 
 
 Cases. 
 Dana. Dana's Kentucky Reports. 
 
TABLE O'F ABBREVIATIONS 
 
 1103 
 
 Dana Wh. Dana's edition of Wheaton's 
 International Law. 
 
 Dane Abr. Dane's Abridgment of Ameri- 
 can Law. 
 
 Danner. Banner's Reports (42 Alabama). 
 
 Dans. & L. Danson & Lloyd's English Mer- 
 cantile Cases. 
 
 Danv. Abr. D'Anvers' Abridgment of Law. 
 
 Dart. Col. Ca. Dartmouth College Case. 
 
 Das. Dasent's Bankruptcy and Insolvency 
 Reports; — ^also Common Law Reports, 
 Vol. 3. 
 
 Dass. Stat. Dassler's Kansas Statutes. 
 
 Dav. Davies' United States District Court 
 Reports (now republished as 2 Ware); — 
 Davy's or Davies' Irish King's Bench and 
 Exchequer Reports; — Davies* English 
 ■Patent Cases; — Davis' Reports (Abridg- 
 ment of Sir Ed. Coke's Reports) ;—DaTris' 
 Hawaiian Reports. 
 
 Dav. Coke. Davis' Abridgment of Coke's Re- 
 ports. 
 
 Dav. Pat. Cas. Davies' English Patent Cases. 
 
 Dav. & Mer. Davison & Merivale's Reports, 
 Queen's Bench. 
 
 Daveis. Daveis' United States District 
 Court Reports (Ware, Vol. 2). 
 
 Davies. Davies' or Davis', or Davys') Irish 
 King's Bench Reports. 
 
 Davis. Davis' Hawaiian Reports; — Davies' 
 (or Davys') Irish King's Bench Reports. 
 
 Day. Days' Connecticut Reports; — Con- 
 necticut Reports, proper, reported by Day. 
 
 De B. IVlar. Int. L. De Burgh's Maritime In- 
 ternational Laws. 
 
 De Gex. De Gex's English Bankruptcy Re- 
 ports. 
 
 De G. F. & J. De Gex, Fisher, & Jones' 
 English Chancery Reports. 
 
 De G. F. & J. By. De Gex, Fisher, & Jones' 
 English Bankruptcy Appeals. 
 
 De G. J. & S. De Gex, Jones & Smith's 
 English Chancery Reports. 
 
 De G. J. & S. By. De Gex, Jones & Smith's 
 English Bankruptcy Appeals. 
 
 De G. M. & G. De Gex, Macnaghten, & (Gor- 
 don's English Chancery Reports. 
 
 De G. M. & G. By. De Gex, Macnaghten, & 
 Gordon's English Bankruptcy Appeals. 
 
 De G. & J. Do Gex & Jones' English Chan- 
 cery Reports. 
 
 De G. & J. By. De (Jex & Jones' English 
 Bankruptcy Appeals. 
 
 De G. & Sm. De Gex & Smale's English 
 Chancery Reports. 
 
 De Jure Mar. Malloy's De Jure Marltimo. 
 
 De Witt. DeWitt's Reports (24-36 Ohio 
 State). 
 
 Dea. Deady's United States District Court 
 Reports. 
 
 Dea. & Sw. Deane & Swabey's Reports, 
 Probate and Divorce. 
 
 Deac. Deacon's English Bankruptcy Re- 
 ports. 
 
 Deac. Dig. Deacon's Digest of the Criminal 
 Law. 
 
 Deac. & Chit. Deacon & Chitty's English 
 Bankruptcy Reports. 
 
 Dead. Or. Laws. Deady & Lane's Oregon 
 General Laws. 
 
 Deady. Deady's United States Circuit Court 
 Reports. 
 
 Deane. Deane (& Swabey's) English Pro- 
 bate & Divorce Reports; — Deane's Re- 
 ports (24-26 Vermont). 
 
 Deane Ecc. Rep. Deane & Swabey's Eng- 
 lish Ecclesiastical Reports. 
 
 Deane & Sw. Deane & Swabey's English 
 Ecclesiastical Reports. 
 
 Dears. C. C. Dearsly's English Crown 
 Cases. 
 
 Dears, & B. C. C. Dearsly and Bell's English 
 Crown Cases. 
 
 Deas. & And. Deas & Anderson's Reports, 
 Scotch Court of Session. 
 
 Dec. Col. Coleccion de los Decretos. 
 
 Dec. Com. Pat. Decisions of the Commis- 
 sioner! of Patents. 
 
 Dec. Fern. Decretos del Fernando, Mexico. 
 
 Dec. t. H. & M. Decisions in Admiralty 
 temp. Hay and Marriott. 
 
 Decretal. The Deeretalia of the Canon Law. 
 
 Del. Delaware Reports; — Delane's English 
 Revision Cases. 
 
 Del. Ch. Delaware Chancery Reports, by 
 Bates. 
 
 Del. Cr. Cas. Delaware Criminal Cases, by 
 Houston. 
 
 Dem. Cond. etran. Demangeat's Condition 
 Civile, fitrangers en BYance. 
 
 Demol. C. N. Demolombe's Code NapolSon. 
 
 Den. Denio's New York Reports; — Denis' 
 Reports (32 Louisiana Annual). 
 
 Den. C. C. Denison's English Crown Cases. 
 
 Den. & P. Denison & Pearce's English 
 Crown Cases (2 Denison). 
 
 Den. & So. Pr. Denison & Scott's House of 
 Lords Appeal Practice. 
 
 Denio. Denio's New York Reports. 
 
 Desaus. Eq. Desaussure's South Carolina 
 Equity Reports. 
 
 Dest. Sh. & Adm. Desty on Shipping and 
 Admiralty. 
 
 Detroit Leg. N. Detroit Legal News. 
 
 Dev. Devereux's North Carolina Law Re- 
 ports;^ — Devereux's Reports, United States 
 Court of Claims. 
 
 Dev. C. C. Devereux's Reports, United 
 States Court of Claims. 
 
 Dev. Deeds. Devlin, Deeds and Real Es- 
 state. 
 
 Dev. Eq. Devereux's North Carolina Equity 
 Reports. 
 
 Dev. L. (or Dev. N. B.) Devereux's North 
 Carolina Law Reports. 
 
 Dev. & Bat. Devereux & Battle's North 
 Carolina Law Reports. 
 
 Dev. & Bat. Eq. Devereux & Battle's North 
 Carolina EJquity Reports. 
 
 DeWitt. DeWitt's Reports (24-36 Ohio 
 State). 
 
 Di. (or Dy.) Dyer's English Reports, King's 
 Bench. 
 
 Dial. Sc. Dialogue de Scaccario. 
 
 Die. Dom. Dicey on Domicil. 
 
 Die. Par. Dicey on Parties to Actions. 
 Dice. Dice's Reports (71-73 Indiana). 
 Dick. Dickens' English Chancery Reports. 
 Diet. C. F. Dictionnaire des Codes Frangais. 
 Diet, de Jur. Dictionnaire de Jurisprudence. 
 
1104 
 
 APPENDIX 
 
 Diet. Dr. Com. Diotionnaire Droit Commer- 
 cial. 
 
 Diet Nat. Diotionnaire du Notariat. 
 
 Dig. The Pandects, or Justinian's Digest of 
 the Civil Law. 
 
 Dig. R. Pr. Digby's Introduction to the His- 
 tory of Real Property. 
 
 Dill. Dillon's United States Circuit Court 
 Reports. 
 
 Dill. Mun. Cor. Dillon on Municipal Cor- 
 porations. 
 
 Dill. Mun. Bonds. Dillon on Municipal 
 Bonds. 
 
 Dill. Rem'. Caus. Dillon on the Removal of 
 Causes. 
 
 Dirl. Dirleton's Decisions, Court of Session. 
 • Disn. Disney's Ohio Superior Court Re- 
 ports. 
 
 Diss, ad Flet, Selden's Dissertatio ad 
 Fletam. 
 
 Doct. & St. Doctor and Student. 
 
 Dcd. (or Dods.) Dodson's English Admir- 
 alty Reports. 
 
 Dom. Boe. Domesday Book. 
 
 Dom. Civ. Law. Domat's Civil Law. 
 
 Domes. Domesday Book. 
 
 Donn. Donnelly's Reports, English Chan- 
 cery; — Donnell's Irish Land Cases. 
 
 Dop. Md'. Laws. Dorsey's Maryland Laws. 
 
 Dorion. Dorion's Quebec Queen's Bench Re- 
 ports. 
 
 Doug. Douglas' Michigan Reports; — ^Doug- 
 las' English King's Bench Reports; — 
 Douglas' English Election Cases. 
 
 Doug,. El. Ca. Douglas' English Election 
 Cases. 
 
 Dow (or Dow P. C.) Dow's House of Lords 
 (Parliamentary) Cases; — Dowliag's Eng- 
 lish Practice Cases. 
 
 Dow & C. Dow & Clark's English House of 
 Lords Cases. 
 
 Dow. & L. Dowling & Lowndes' English 
 Bail Court Reports. 
 
 Dow. & Ry. Dowling & Ryland's English 
 King's Bench Reports; — Dowling & Ry- 
 land's English Nisi Prlus Cases. 
 
 Dow. & Ry. M. C. Dowling & Ryland's Eng- 
 lish Magistrates' Cases. 
 
 Dow. & Ry. N. P. Dowling & Ryland's Eng- 
 lish Nisi Prius Cases. (Often bound at 
 end of Vol. L, Dowl. & Ryl. K. B. Rep.) 
 
 Dow N. S. Dow & Clark's English House 
 of Lords Cases. 
 
 Dowl. (or Dowl. P. C.) Dowling's English 
 Bail Court (Practice) Cases. 
 
 Dowl. N. S. Dowling's English Bail Court 
 Reports, New Series. 
 
 Dowl. Pr. Dowling's Common Law Practice. 
 
 Dowl. ■& Lownd. Dowling & Lowndes' Eng- 
 lish Practice Cases. 
 
 Dowl. & Ryl. Dowling & Ryland's English 
 King's Bench Reports. 
 
 Dowl. & Ryl. M. C. Dowling & Ryland's 
 English Magistrates' Cases. 
 
 Dowl. & Ryl. N. P. Dowling & Ryland's 
 English Nisi Prius Cases. 
 
 Dr. Drewry's English Vice Chancellors' Re- 
 ports;— Drury's Irish Chancery Reports 
 temp. Sugden; — Drury's Irish Chancery 
 
 Dr. & Sm. Drewry & Smale's English Vice 
 Chancellors' Reports. 
 
 Dru. & Wal. Drury & Walsh's Irish Chan- 
 cery Reports. 
 
 Dru. & War. Drury & Warren's Irish Chan- 
 cery Reports. 
 
 Drake Att. Drake on Attachment. 
 
 Draper. Draper's Upper Canada King's 
 Bench Reports. 
 
 Drew. Drewry's English Vice Chancellors' 
 Reports; — Drew's Reports (13 Florida). 
 
 Drew. £{}. PI. Drewry's Equity Pleading. 
 
 Drew. & Sm. Drewry & Smale's English 
 Vice Chancellors' Reports. 
 
 Drink. Drlnkwater's English Common Pleas 
 Reports. 
 
 Drone Cop. Drone on Copyrights. 
 
 Dru. Drury's Irish Chancery Reports temp. 
 Sugden. 
 
 Dru. t. Nap. Drury's Irish Chancery Reports 
 temp. Napier. 
 
 Dru. & Wal. Drury & Walsh's Irish Chan- 
 cery Reports. 
 
 Dru. & War. Drury & Warren's Irish Chan- 
 cery. Reports. 
 
 Dud. (Geo.) Dudley's Georgia Reports. 
 
 Dud. Ch. (or Eq.) Dudley's South Carolina 
 Equity Reports. 
 
 Dud. L. (or S. C.) Dudley's South Carolina 
 Law Reports. 
 
 Duer. Duer's New York Superior Court Re- 
 ports. 
 
 Dun. & Cum. Dunphy & Cummins' Remark- 
 able Trials. 
 
 Dune. Eccl. L. Duncan's Scotch Parochial 
 Ecclesiastical Law. 
 
 Dune. Ent Cas. Duncan's Scotch Entail 
 Cases. 
 
 Dunl. Abr. Dunlap's Abridgment of Ele- 
 mentary Law; — Dunlap's Abridgment of 
 Coke's Reports. 
 
 Dunlop (or Dunl. B. & M.) Dunlop, Bell, & 
 Murray's Reports, Second Series, Scotch 
 Session Cases. 
 
 Durand. Spec. Jur. Durandi Speculum Juris. 
 
 Dupfee. Durfee's Reports (2 Rhode Island). 
 
 Dupie. Durie's Scottish Court of Session 
 Cases. 
 
 Du pn. & E. Durnford & East's English 
 King's Bench Reports (Term Reports). 
 
 Dutch. Dutcher's New Jersey Reports. 
 
 Duv. Duvall's Kentucky Reports. 
 
 Dw. Stat. Dwarris on Statutes. 
 
 Dy. Dyer's English King's Bench Reports. 
 
 E. B. & E. Ellis, Blackburn, & Ellis' Eng- 
 lish Queen's Bench Reports. 
 
 E. B. & S. (Ellis) Best & Smith's English 
 Queen's Bench Reports. 
 
 E. C. L. English Common Law Reports 
 (American reprint). 
 
 E. D. S. E. D. Smith's New York Common 
 Pleas Reports. 
 
 E. E. English Exchequer Reports (Amer. 
 reprint) . 
 
 E. E. R. English Ecclesiastical Reports. 
 E. L. & Eq. English Law and Equity Re- 
 ports (American reprint). 
 
TABLE OF ABBREVIATIONS 
 
 1105 
 
 E. R. East's King's Bench Reports. 
 
 E. & A. Spink's Ecclesiastical and Ad- 
 miralty Reports. 
 
 E. & A. R. Error and Appeal Reports, On- 
 tario. 
 
 E. & B. Ellis & Blackburn's Queen's Bench 
 Reports. 
 
 E. & E. Ellis & Ellis' English Queen's 
 Bench Reports. 
 
 E. 4. Y. Eagle & Younge's English Tithe 
 Cases. 
 
 Ea. East's English King's Bench Reports. 
 
 Eag. & Yo. Eagle & Young's English Tithe 
 Cases. 
 
 East. East's King's Bench Reports; — East's 
 Notes of Cases in Morley's East Indian 
 
 East N. of C. Bast's Notes of Cases (in 
 Morley's East Indian Digest). 
 
 East P. C. East's Pleas of the Crown. 
 
 Eccl. R. English Ecclesiastical Reports 
 (American reprint). 
 
 Eccl. & Ad. Spink's Ecclesiastical and Ad- 
 miralty Reports. 
 
 Ed. Eden's English Chancery Reports. 
 
 Ed. Bro. Eden's edition of Brown's Eng- 
 lish Chancery Reports. 
 
 Ed. C. R. Edwards' New York Chancery 
 Reports. 
 
 Eden. Eden's English Chancery Reports. 
 
 Edg. Edgar's Reports. Court of Session, 
 Scotland. 
 
 Edg. C. Canons enacted under King Edgar. 
 
 Edict, (or Edicta) Edicts of Justinian. 
 
 Edinb. L. J. Edinburgh Law Journal. 
 
 Edm. Sel. Ca. Edmonds' New York Select 
 Cases. 
 
 Edw. Edwards' New York Chancery Re- 
 ports; — Edwards' English Admiralty Re- 
 ports; — Edwards' Reports (2, 3 Missouri). 
 
 Edw. Abr. Edwards' Abridgment of Prerog- 
 ative Court Cases. 
 
 Edw. Adm. Edwards' English Admiralty Re- 
 ports. 
 
 Edw. Ch. Edwards' New York Chancery 
 Reports. 
 
 Edw. Lead. Dec. Edwards' Leading Deci- 
 sions In Admiralty (Edwards' Admiralty 
 Reports). 
 
 Edw. Pr. Cas. Edwards' Prize Cases (Eng- 
 lish Admiralty Reports). 
 
 Edw. Pr. Ct. Cas. Edwards' Abridgment 
 of Prerogative Court Cases. 
 
 Edw. (Tho.) Edwards' English Admiralty 
 Reports. 
 
 Eir. Lambard's Eirenarcha. 
 
 El. Elchies' Decisions, Scotch Court of 
 Session. 
 
 El. B. & E. Ellis, Blackburn, & Ellis' Eng- 
 lish Queen's Bench Reports. 
 
 Elect. Cas. N. Y. New York Election Cases 
 (Armstrong's). 
 
 El. & Bl. Ellis & Blackburn's English 
 'Queen's Bench Reports. 
 
 El. & El. Ellis & Ellis' English Queen's 
 Bench Reports. 
 
 Ell. Bl. & Ell. Ellis, Blackburn, & Ellis' 
 English Queen's Bench Reports. 
 
 Ell. & Bl. ' Ellis & Blackburn's English 
 Queen's Bench Reports. 
 
 Ell. & Ell. Ellis & Ellis' English Queen's 
 Bench Reports. 
 
 Elph. Conv. Elphinstone's Introduction to 
 Conveyancing. 
 
 Els. W. Bl. Elsley's edition of Wm. Black- 
 stone's English K. B. Reports. 
 
 Elw. Mai. (or Med. Jur.) Elwell on Mal- 
 practice and Medical Jurisprudence. 
 
 Emer. Ins. Emerigon on Insurance. 
 
 Emer. Mar. Lo. Emerigon on Maritime 
 Loans. 
 
 Ency. of Ev. Encyclopedia of Evidence. 
 
 Ency. of L. & Pr. Encyclopedia of Law and 
 Practice. 
 
 Ency. of PI. & Pr. Encyclopedia of Plead- 
 ing and Practice. 
 
 End. Bdg. Ass. Endlich on Building Asso- 
 ciations. 
 
 Eng. English's Reports (6-13 Arkansas); — 
 "English Reports" (American reprint, 
 edited by Moak). 
 
 Eng. Ad. English Admiralty Reports (Amer. 
 reprint). 
 
 Eng. C. C. (or Cr. Cas.) English Crown 
 Cases (American reprint). 
 
 Eng. Ch. English Chancery; — "English 
 Chancery Reports" (American reprint). 
 
 Eng. C. L. English Common Law Reports 
 (American reprint). 
 
 Eng. Eccl. English Ecclesiastical ReportT 
 (American reprint). 
 
 Eng. Exch. English Exchequer Reports 
 (American reprint). 
 
 Eng. Judg. Scotch Court of Session Cases, 
 decided by the "English Judges." 
 
 Eng. L. & Eq. English Law and Equity Re- 
 ports (American reprint). 
 
 Eng. Rep. Moak's English Reports (Amer- 
 ican reprint); — English's Reports (6-13 
 Arkansas). 
 
 Eng. Rul. Cas. English Ruling Cases. 
 
 Eng. Sc. Ecc. English and Scotch Ecclesias- 
 tical Reports. 
 
 Eng. & Ir. App. Law Reports, English and 
 Irish Appeal Cases. 
 
 English. English's Reports (6-13 Arkansas). 
 
 Ent. Coke's Entries; — Rastell's Entries. 
 
 Entries, Antient. Rastell's Entries (so 
 cited in Rolle Abr.). 
 
 Entries, Old Book of. Liber Intrationum. 
 
 Entries, New Book of. Rastell's Entries, to 
 distinguish from Liber Intrationum; — 
 Coke's Entries, to distinguish from Ras- 
 tell's Entries. 
 
 Eq. Cas. Equity Cases in 9 Modern Reports. 
 
 Eq. Cas. Abr. Equity Cases Abridged 
 (English). 
 
 Eq. Draft. Equity Draftsman (Van Hey- 
 thuysen's, edited by Hughes). 
 
 Eq. Judg. Equity Judgments (by A'Beck- 
 ett). New South Wales. 
 
 Eq. Rep. Gilbert's Equity Reports; — Har- 
 per's South Carolina Equity Reports; — 
 The Equity Reports, published by Spottis- 
 woode. 
 
 Err. & App. Error and Appeals Reports, 
 Upper Canada. 
 
 Ersk. Dec. Erskine's U. S. Circuit Court, 
 &c.. Decisions, in 35 Georgia. 
 
1106 
 
 APPENDIX 
 
 Ersk. Inst. Erskine's Institutes of the Law 
 of Scotland. 
 
 Ersk. Prin. Erskine's Principles of the 
 Law of Scotland. 
 
 Esp. Espinasse's, English Nisi Prius Re- 
 ports. 
 
 Esp. Dig. Espinasse's Digest of the Law of 
 Actions and Trials. 
 
 Esp. N. P. Espinasse's Digest of the Law 
 of Nisi Prius. 
 
 Esprit des Lois. Montesquieu's Spirit of 
 Laws. 
 
 Est. Prac. (or PI.) Estee's Code Pleading. 
 Practice and Forms. 
 
 Euer. Euer's Doctrina Placitandi. 
 
 Eun. Wynne's' Eunomus. 
 
 Evans. Evans' Reports, Washington Terri- 
 tory (announced, but never published). 
 
 Ewe 1 1 Bl. Ewell's edition of Blackstone. 
 
 Ewell Cas. Inf. (or L. C.) Ewell's Leading 
 Cases on Infancy, &c. 
 
 Ewell Fix. Ewell on the Law of Fixtures. 
 
 Exch. Exchequer Reports (Welsby, Hurl- 
 stone, & Gordon; — English Law Reports, 
 Exchequer. 
 
 Exch. Cas. Exchequer Cages (Legacy Du- 
 ties, &c.), Scotland. 
 
 Exch. Div. Exchequer Division, English 
 Law Reports. 
 
 Exch. Rep. Exchequer Reports (Welsby, 
 Hurlstone, & Gordon) ;— English Ex- 
 chequer Reports (American reprint). 
 
 Eyre, MS. Eyre, Manuscript Notes of 
 Cases, King's Bench (in Library of the 
 New York Law Institute). 
 
 F. Faculty Collection of Court of Sessions 
 Decisions; — Fitzherbert's Abridgment, 
 octavo edition. 
 
 F. Abr. Fitzherbert's Abridgment. 
 
 F. C. Faculty Collection of Decisions, 
 Scotch Court of Session, folio edition. 
 
 F. C. R. Fearne on Contingent Remainders. 
 
 F. N. B. Fitzherbert's Natura Brevium. 
 
 F. & F. Foster & Finlason's English Nisi 
 Prius Reports. 
 
 F. & Fitz. Falconer & Fitzherbert's Eng- 
 lish Election Cases. 
 
 F. & S. Fox & Smith's Irish King's Bench 
 Reports. 
 
 Fac. Coll. (or Fac. Dec.) Faculty Collec- 
 tion of Decisions, Court of Sessions. 
 
 Fairfield. Fairfield's Reports (10-12 Maine). 
 
 Falc. Falconer's Scotch Court of Session 
 Cases. 
 
 Farresley. Farresley Reports (7 Modern 
 Reports) ; — Farresley's Cases in Holt's 
 King's Bench Reports. 
 
 Fear. Rem. Fearne on Contingent Remain- 
 ders. 
 
 Fed. The Federalist, by Hamilton. 
 
 Fed. Cas. Federal Cases. 
 
 Fed. Rep. The Federal Reporter. 
 
 Fed. St. Ann. Federal Statutes Annotated. 
 
 Fergusson. (Fergusson of) Kilkerran'a 
 Scotch Session Cases. 
 
 Fern. Dec. Decretos del Fernando, Mexico. 
 
 Fin. Finch's English Chancery Reports; — 
 Finlason (see Finl.). 
 
 Finch. English Chancery Reports temp. 
 Finch. 
 
 Finch Nomot. Finch's Nomoteehnia. 
 
 Finch Prec. Precedents in Chancery, edited 
 by Finch. 
 
 Finl. L. C. Finlason's Leading Cases on 
 Pleading. 
 
 First pt. Edw. III. Part 11. of the Year 
 Books. 
 
 First pt. H. VI. Part VII. of the Year 
 Books. 
 
 Fish. Fisher's TJ. S. Patent Cases; — Fish- 
 er's U. S. Prize Cases. 
 
 Fish. C. L. Dig. Fisher's Digest of English 
 Common Law Reports. 
 
 Fish. Crim. Dig. Fisher's Digest of English 
 Criminal Law. 
 
 Fish. Pat. Cas. Fisher's United States Pat- 
 ent Cases. 
 
 Fish. Pat. Rep. Fisher's United States Pat- 
 ent Reports. 
 
 Fish. Pr. Cas. Fisher's United States Prize 
 Cases. I 
 
 Fitzg. . Fitzgibbon's English King's Bench 
 Reports. 
 
 Fitzh. Abr. Fitzherbert's Abridgment. 
 
 Fitzh. N. B. Fitzherbert's New Natura 
 Brevium. 
 
 Fl. Fleta; — Flanders (see Fland.). 
 
 Fl. & K. Flanagan & Kelly's Irish Rolls 
 Court Reports. 
 
 Fla. Florida; — Florida Reports. 
 
 Flan. & Kel. Flanagan & Kelly's Irish Rolls 
 Court Reports. 
 
 Fland. Ch. J. Flanders' Lives of the Chief 
 Justices of the United States. 
 
 Fletcher Cyc. Corp. Fletcher, Cyclopedia 
 Corporations. 
 
 Flip. Flippin's United States Circuit Court 
 Reports. 
 
 Fogg. Fogg's Reports (32-35 New Hamp- 
 shire). 
 
 Fol. P. L. Cas. Foley's English Poor Law 
 Cases. 
 
 Fonbl. (or Fonbl. N. R.) Fonblanque's Elng- 
 lish Cases (or New Reports) in Bank- 
 ruptcy. 
 
 Fonbl. Eq. Fonblanque on Equity. 
 
 For. Forrest's Elschequer Reports;.— For- 
 rester's Chancery Reports (Cases temp. 
 Talbot); — Fortescue de Laudibus Legum 
 Angliae. 
 
 For. de Laud. Fortescue de Laudibus Le- 
 gum Angliae. 
 
 Forb. Forbes' Decisions in the Scotch Court 
 of Session. 
 
 Forman. Forman's Reports, Illinois. 
 
 Forr. Forrest's English Exchequer Re- 
 ports; — Forrester's English Chancery 
 Cases (commonly cited. Cases temp. 
 Talbot). 
 
 Fors. Cas. & Op. Forsyth's Cases and 
 Opinions on Constitutional Law. 
 
 Fort. Fortescue's English King's Bench, 
 &c., Reports. 
 
 Fort, de Laud. Fortescue de Laudibus Le- 
 gum Angliae. 
 
 Post. Foster's English Crown Law or 
 Crown Cases; — Foster's N. H. Reports; — 
 Foster's Legal Chronicle Report's, Penn- 
 sylvania. 
 
TABLE OF ABBREVIATIONS 
 
 1107 
 
 Post. & Fin. Poster & Finlason's English 
 Nisi Prlus Reports. 
 
 Foster. Foster's English Crown Law; — 
 Legal Chronicle Reports (Pa.), edited by 
 Foster;— Foster's N. H. Reports. 
 
 Foster Fed. Pr. Foster on Federal Practice. 
 
 Fox & Sm. Fox & Smith's Irish King's 
 Bench Reports. 
 
 Fr. Freeman's English King's Bench and 
 Chancery Reports. 
 
 Fr. Chy. Freeman's English Chancery Re- 
 ports; — Freeman's Mississippi Chancery 
 Reports. 
 
 France. France's Reports (3-4 Colorado). 
 
 Franc. Judg. Francillon's Judgments, Coun- 
 ty Courts. 
 
 Fraz. Prazer's Admiralty Cases, &c., Scot- 
 land. 
 
 Fred. Code. Frederician Code, Prussia. 
 
 Free. Freeman's English King's Bench Re- 
 ports (1 Free., Freeman's King's Bench 
 Reports; — 2 Free., Freeman's Chancery 
 Reports) ; — see also Freem. 
 
 Free. Ch. Freeman's English Chancery Re- 
 ports; — Freeman's Mississippi Chancery 
 Reports. 
 
 Freem. C. C. Freeman's English Chancery 
 Cases. 
 
 Freem. Ch. See Free. Ch. 
 
 Freem. (III.) Freeman's Reports (31-96 
 Illinois). 
 
 French. French's Reports (6 New Hamp- 
 shire). 
 
 Fry Lun. Fry on Lunacy. 
 
 Fry Sp. Per. Fry on Specific Performance 
 ol Contracts. 
 
 Full B. R. Full Bench Rulings, Bengal (or 
 Northwestern Provinces). 
 
 Fulton. Fulton's Reports, Bengal. 
 
 G. Gale's English Exchequer Reports. 
 
 G. Gr. G. Green's Iowa Reports. 
 
 G. M. budl. G. M. Dudley's Georgia Reports. 
 
 G. & D. Gale & Davison's English Queen's 
 Bench Reports. 
 
 G. & H. Gavin & Herd's Indiana Statutes. 
 
 G. & J. Gill & Johnson's Maryland Re- 
 ports; — Glyn & Jameson's English Bank- 
 ruptcy Reports. 
 
 Ga. Georgia; — Georgia Reports. 
 
 Ga. App. Georgia Appeals. 
 
 Ga. Dec. Georgia Decisions. 
 
 Galus (or Gall) Gaius' Institutes (Gail In- 
 stitutionum Commentarii) . 
 
 Galbraith. Galbraith's Reports (9-11 Flor- 
 ida). 
 
 Galb. & M. (Jalbraith & Meek's Reports 
 (12 Florida). 
 
 Gale. Gale's English Exchequer Reports. 
 
 Gale & Dav. Gale & Davison's Queen's 
 Bench. 
 
 Gall. Galllson's Reports, United States 
 Circuit Courts. 
 
 Gardenhire. Gardenhire's Reports (14, 15 
 Missouri). 
 
 Gaspar, Gaspar's Small Cause Court Re- 
 potts, Bengal. 
 
 Gayarre. Gayarrfi's Reports (25-28 Louis- 
 iana Annual). 
 
 Geld. & Ox. Nova Scotia Decisons, by Gel- 
 dert & Oxley. 
 
 Geo. Coop. George Cooper's English Chan- 
 cery Cases, time of Eldon. 
 
 Geo. Dec. Georgia Decisions. 
 
 George. George's Reports (30-39 Missis- 
 sippi). 
 
 Gib. Dec. Gibson's Scottish Decisions. 
 
 Gibbs. Gibbs' Reports (2-4 Michigan). 
 
 GIf. (or Giff.) Giffard's English Vice-Chan- 
 cellors' Reports. 
 
 Gil. Gilman's Reports (6-10 Illinois); — 
 Gilmer's Virginia Reports; — Gilbert's Eng- 
 lish Chancery Reports; — Gilbert's English 
 Cases in Law and Equity. 
 
 Gil. & Fal. Gilmour & Falconer's Scotch 
 Session Cases. 
 
 Gilb. Cas. Gilbert's English Cases in Law 
 and Equity. 
 
 Glib. Ch. Gilbert's English Chancery Re- 
 ports. 
 
 Gilb. Eq. Gilbert's English Equity or Chan- 
 cery Reports. 
 
 Gilb. K. B. Gilbert's Cases in Law and 
 Equity, English. 
 
 Gildersleeve. Gildersleeve's Reports (1 New 
 Mexico). 
 
 Gllflllan. GilfiUan's edition of Minnesota 
 Reports. 
 
 Gill. Gill's Maryland Reports. 
 
 Gill & Johns. Gill & Johnson's Maryland 
 Reports. 
 
 Glim. Gilman's Reports (6-10 Illinois); — 
 Gilmer's Reports, Virginia; Gilmour's Re- 
 ports, Scotch Court of Session. 
 
 Gilm. & Falc. Gilmour & Falconer's Re- 
 ports, Scotch Court of Session. 
 
 GIlp. Gilpin's United States District Court 
 Reports. 
 
 Glanv. Glanville de Legibus et Consuetud- 
 inibus Angliae. 
 
 Glas. Glascock's Reports in all the Courts 
 of Ireland. 
 
 Glenn. Glenn's Reports (16-18 Louisiana 
 Annual). 
 
 Glyn & Jam. Glyn & Jameson's Reports. 
 English Bankruptcy. 
 
 Godb. Godbolt's English King's Bench Re- 
 ports. 
 
 Gold, (or Goldes.) Goldesborough's pr 
 Gouldsborough's English K. B. Reports.' 
 
 Good. & Wood. Full Bench Rulings, Bengal, 
 edited by Goodeve & Woodman. 
 
 Gould. Gouldsborough's English King's 
 Bench Reports. 
 
 Gould PI. Gould's Principles of Pleading in 
 Civil Actions. 
 
 Gow. Gow's English Nisi Prius Cases. 
 
 Gow Part. Gow on Partnership. 
 
 Gr. Grant's Cases, Pennsylvania; — Green's 
 New Jersey Reports; — Greenleaf's Laws 
 of N. Y.; — Greenleaf's Maine Reports. 
 
 Gr. Brice. Green's edition of Brice on 
 Ultra Vires. 
 
 Gr. Eq. (or Ch.) (H. W.) Green's New Jer- 
 sey Equity Reports; — Gresley's Equity 
 Evidence. 
 
 Gr. Ev. Greenleaf on Evidence. 
 
 Grand Cout. Grand Coutumier de Norman- 
 die. 
 
 Granger. Granger's Reports (22, 23 Ohio 
 State). 
 
1108 
 
 APPENDIX 
 
 Grant. Grant's Upper Canada Chancery 
 Reports; — Grant's Pennsylvania Cases; — 
 (Grant of) Elchies' Scotch Session Cases; 
 — Grant's Jamaica Reports. 
 
 Grant Cas. Grant's Pennsylvania Cases. 
 
 Grant Ch. Grant's Upper Canada Chancery 
 Reports. 
 
 Grant E. & A. Grant's Error and Appeal Re- 
 ports, Ontario. 
 
 Grant Pa. Grant's Pennsylvania Cases. 
 
 Grant U. C. Grant's Upper Canada Chan- 
 cery Reports. 
 
 Grat. (or Gratt.) Grattan's "Virginia Re- 
 ports. 
 
 Gray. Gray's Massachusetts Reports. 
 
 Green. Green's New Jersey Law or Equity 
 Reports; — Green's Reports (11 Rhode 
 Island); — G. Greene's Iowa Reports; — 
 Greenleaf's Maine Reports. 
 
 Green Bri. Green's edition of Price's Ultra 
 Vires. 
 
 Green. C. E. C. E. Greene's Chancery Re- 
 ports, New Jersey. 
 
 Green Ch. H. W. Green's New Jersey Chan- 
 cery Reports. 
 
 Green Cr. L. Rep. Green's Criminal Law Re- 
 ports. 
 
 Green L. (or N. J.) J. S. Green's Law Re- 
 ports (13-15 New Jersey). 
 
 Greene. G. Greene's Iowa Reports; — C. E. 
 Greene's N. J. Equity Reports. 
 
 Greenl. Greenleaf's Reports (1-9 Maine). 
 
 Greenl. Ev. Greenleaf on Evidence. 
 
 Grenier. Grenier's Ceylon Reports. 
 
 Griswold. Griswold's Reports (14-19 Ohio). 
 
 Gro. B. P. Grotius, De Jure Belli ac Pacis. 
 
 Gro. Dr. Grotius, Le Droit de la Guerre. 
 
 Gro. Ges. & Verord. Grotofend's Gesetze 
 und Verordnungen. 
 
 Gut. Brae. Guterbock's Bracton. 
 
 Gwil. Ti. Cas. Gwillim's Tithe Cases. 
 
 Gwill. Bac. Abr. Gwillim's edition of Ba- 
 con's Abridgment. 
 
 H. Howard's United States Supreme Court 
 Reports; — Hill's New York Reports. 
 
 H. Bl. Henry Blackstone's English Com- 
 mon Pleas Reports. 
 
 H. C. R. High Court Reports, India. 
 
 H. C. R. N. W. P. High Court Reports, 
 Northwest Provinces, India. 
 
 H. I. Rep. Hawaiian Islands Reports. 
 
 H. L. (or H. L. Cas.) House of Lords 
 Cases. 
 
 H. L. Rep. English House of Lords Re- 
 ports. 
 
 H. W. Gr. H. W. Green's New Jersey Equity 
 Reports. 
 
 H. & B. Hudson & Brooke's Irish King's 
 Bench Reports. 
 
 H. & C. Hurlstone & Coltman's English 
 Exchequer Reports. 
 
 H. & D. Lalor's Supplement to Hill & 
 Denio'3 New York Reports. 
 
 H. & G. Harris & Gill's Maryland Reports. 
 
 H. & H. Horn & Hurlstone's English 
 Exchequer Reports; — Harrison & Hod- 
 gin's Municipal Reports, Upper Canada. 
 
 H. & J. Harris & Johnson's Maryland Re- 
 ports; — Hayes & Jones' Exchequer Re- 
 ports, Ireland. 
 
 H. & M. Hening & Munford's Virginia Re- 
 ports; — Hemming & Miller's English 
 Vice-Chancellors' Report. 
 
 H. & McH. Harris & McHenry'S Maryland 
 Reports. 
 
 H. & N. Hurlstone & Norman's English 
 Exchequer Reports. 
 
 H. & P. Hop wood & Philbrick's English 
 Election Cases. 
 
 H. & R. Harrison & Rutherfurd's English 
 Common Pleas Reports. 
 
 H. & T. Hall & Twell's English Chancery 
 Reports. 
 
 H. & W. Harrison & WoUaston's English 
 King's Bench Reports; — Hurlstone & 
 Walmsley's English Echequer Reports. 
 
 Ha. Hare's Chancery Reports. 
 
 Ha. & Tw. Hall & Twell's English Chan- 
 cery Reports. 
 
 Haddington. Haddington's Manuscript Re- 
 ports, Scotch Court of Session. 
 
 Hadley. Hadley's Reports (45-48 New 
 Hampshire). 
 
 Hag. (or Hagg.) Adm. Haggard's English 
 Admiralty Reports. 
 
 Hag. (or Hagg.) Con. Haggard's English 
 Consistory Reports. 
 
 Hag. (or Hagg.) Ecc. Haggard's English 
 Ecclesiastical Reports. 
 
 Hagan. Hagan's Utah Reports. 
 
 Hagans. Hagans' Reports (1-5 West Vir- 
 ginia). 
 
 Hagn. & Mill. Hagner & Miller's Reports 
 (2 Maryland Chancery). 
 
 Hailes. Hailes" Decisions, Scotch Court of 
 Session. 
 
 Hal. Int. Law. Halleck's International Law. 
 
 Hal. Law. Halsted's New Jersey Law Re- 
 ports. 
 
 Hale. Min. Cas. Halcomb's Mining Cases, 
 London, 1826. 
 
 Hale. Hales Reports (33-37 California). 
 
 Hale Anal. Hale's Analysis of the Law. 
 
 Hale Com. Law. Hale's History of the 
 Common Law. 
 
 Hale Cr. Pree. Hale's Precedents in Crim- 
 inal Cases. 
 
 Hale P. C. Hale's Pleas of the Crown. 
 
 Hale Pree. Hale's Precedents in (Ecclesias- 
 tical) Criminal Cases. 
 
 Hall. Hall's New York Superior Court Re- 
 ports; — Hall's Reports (56, 57 New Hamp- 
 shire). 
 
 Hall Jour. Jur. Journal of Jurisprudence 
 (Hall's). 
 
 Hall Int. Law. Hall on International Law; 
 — Halleck's International Law. 
 
 Hall. Law of W. Halleck's Law of War. 
 
 Hall & Tw. Hall & Twell's Reports, Eng- 
 lish Chancery. 
 
 Hal lam. Hallam's Constitutional History of 
 England. 
 
 Hallett. Hallett's Reports (1, 2 Colorado). 
 
 Hals. Halsted's New Jersey Law Reports. 
 
 Hals. Ch. (or Eq.) Halsted's New Jersey 
 Equity Reports, 1845-1853. 
 
 Hammond. Hammond's Reports (1-9 Ohio) ; 
 — Hammond's Reports (36-44 Georgia). 
 
 Hammond & Jackson. Hammond & Jack- 
 son's Reports (45 Georgia). 
 
TABLE OF ABBREVIATIONS 
 
 1109 
 
 Han. Hannay's Reports, New Brunswick. 
 
 Hand. Hand's Reports (40-45 New York). 
 
 Handy. Handy's Ohio Reports. 
 
 Hann. Hannay's New Brunswick Reports. 
 
 Mar. St. Tr. Hargrave's State Trials. 
 
 Har. & Gill. Harris & Gill's Maryland Re- 
 ports. 
 
 Har. & John. Harris & Johnson's Maryland 
 Reports. 
 
 Har. & McH. Harris & MoHenry's Mary- 
 land Reports. 
 
 Har. & Ruth. Harrison & Rutherfurd's 
 English Common Pleas Reports. 
 
 Har. & Well. Harrison & WoUaston's Eng- 
 lish King's Bench Reports. 
 
 Hare. Harcarse's Decisions, Scotch Court 
 of Session. 
 
 Hard. Hardin's Kentucky Reports; — Har- 
 dres' English Exchequer Reports. 
 
 Hardw. Cases temp. Hardwicke, by Ridg- 
 way; — Cases temp. Hardwicke, by Lee. 
 
 Hare. Hare's English Vice-Chancellors' Re- 
 ports. 
 
 Hare & Wal. L. C. American Leading 
 Cases, edited by Hare & Wallace. 
 
 Harg. Hargrave's State Trials; — Har- 
 grove's Reports (68-75 N. C). 
 
 Harg. St. Tr. Hargrave's State Trials. 
 
 Hargrove. Hargrove's Reports (68-75 North 
 Carolina). 
 
 Harm. Harmon's Reports (13-15 Califor- 
 nia); — Harmon's Upper Canada Common 
 Pleas Reports. 
 
 Harp. Harper's South Carolina Law Re- 
 ports. 
 
 Harp. Con. Cas. Harper's Conspiracy Cases, 
 Maryland. 
 
 Harp. Eq. Harper's Equity Reports, South 
 Carolina. 
 
 Harp. L. (or S. C.) Harper's South Caro- 
 lina Law Reports. 
 
 Harp. Harrison's Reports, New Jersey; — 
 Harrington's Reports, Delaware; — Har- 
 rington's Chancery Reports, Michigan; — 
 Harris' Reports (13-24 Pennsylvania 
 State); — Harrison's Reports (15-17 & 
 23-29 Indiana). 
 
 Harr. & G. Harris & Gill's Maryland Re- 
 ports. 
 
 Harr. & Hodg. Harrison & Hodgin's Up- 
 per Canada Municipal Reports. 
 
 Harr. & J. Harris & Johnson's Maryland 
 Reports. 
 
 Harr. & M'H. Harris & M'Henry's Mary- 
 land Reports. 
 Harr. & Ruth. Harrison & Rutherfurd's 
 
 English Common Pleas Reports. 
 Harr. & Sim. Harris & Simrall's Reports 
 
 (49-52 Mississippi). 
 Harr. & Well. Harrison & WoUaston's Eng- 
 lish King's Bench Reports. 
 Harring. Harrington's Delaware Reports; 
 — Harrington's Michigan Chancery Re- 
 ports, 1842. 
 Harris. Harris' Pennsylvania Reports 
 
 (13-24 Pennsylvania State). 
 Harris & Simrall. Harris & Simrall's Re- 
 ports (49-52 Mississippi). 
 Harrison. Harrison's Reports (15-17 & 23-29 
 
 Indiana). 
 
 Hart. Dig. Hartley's Digest of Laws, Texas. 
 Hartley. Hartley's Reports (4-10 Texas). 
 Hartley & Hartley. Hartley & Hartley's 
 
 Reports (11-21 Texas). 
 Harv. L. Rev. Harvard Law Review. 
 
 Hast. Hasting's Reports (69, 70 Maine). 
 
 Hast. Tr. Trial of Warren Hastings. 
 
 Hav. Ch. Rep. Haviland's Chancery Re- 
 ports, Prince Edward Island. 
 
 Hawk. P. C. Hawkins' Pleas of the Crown. 
 
 Hawk. PI. Cr. See Hawk. P. C. 
 
 Hawkins. Hawkins* Reports (19-24 Louis- 
 iana Annual.) 
 
 Hawks. Hawks' North Carolina Reports. 
 
 Hawl. Cr. R. Hawley's American Criminal 
 Reports. 
 
 Hay. Haywood's North Carolina Reports; 
 — Haywood's Tennessee Reports; — ^Hayes' 
 Irish Exchequer Reports. 
 
 Hay & M. (or IVIarr.) Hay & Marriott's 
 Admiralty Reports (usually cited Mar- 
 riott's Reports). 
 
 Hayes Exch. Hayes' Irish Exchequer Re- 
 ports. 
 
 Hayes & Jo. Hayes & Jones' Irish Ex- 
 chequer Reports. 
 
 Hayw. Haywood's North Carolina Reports; 
 — Haywood's Tennessee Reports. 
 
 Haz. Pa. Reg. Hazard's Pennsylvania 
 Register, 16 vols. 
 
 Head. Head's Tennessee Reports. 
 
 Heath. Heath's Reports (36-40 Maine). 
 
 Hein. Heineccius, Elementa Juris Naturae 
 et Gentium. 
 
 Heisk. Heiskell's Tennessee Reports. 
 
 Helm. Helm's Reports (2-9 Nevada). 
 
 Hem. & Mill. Hemming & Miller's English 
 Vice-Chancellors' Reports. 
 
 Hemp, (or Hempst.) Hempstead's United 
 States Circuit Court Reports. 
 
 Hen. St. Hening's Virginia Statutes. 
 
 Hen. & Mun. Hening & Munford's Virginia 
 Reports. 
 
 Hepb. Hepburn's Reports (3, 4 California). 
 
 Her. Est, Herman's Law of Estoppel. 
 
 High Ct. High Court Reports, Northwest 
 Provinces of India. 
 
 High Ex. Rem. High on Extraordinary Le- 
 gal Remedies. 
 
 High InJ. High on Injunctions. 
 
 Hig,h Rec. High on the Law of Receivers. 
 
 Hill. Hill's N. Y. Reports;— Hill's Law Re- 
 ports, South Carolina. 
 
 Hill & Den. Lalor's Supplement to Hill & 
 Denio's Reports, New York. 
 
 Hill Eq. (or Ch.) Hill's Equity South Caro- 
 lina Reports, 1833-1837. 
 
 Hill N. Y. Hill's New York Reports. 
 
 Hiil S. C. Hill's South Carolina Reports 
 (Law or Equity). 
 
 Hillyer. Hillyer's Reports (20-22 Califor- 
 nia). 
 Hilt. Hilton's New York Common Pleas 
 
 Reports. 
 Hob. Hobart's English King's Bench Re- 
 ports. 
 Hodg. Hodges' English Common Pleas Re- 
 ports. 
 
1110 
 
 APPENDIX 
 
 Hoff. Hoffman's Land Cases, United States 
 District Court; — Hoffman's New York 
 Chancery Reports. 
 
 Hoff. Ch. Hoffman's New York Chancery 
 Reports. 
 
 Hoff. N. Y. Hoffman's New York Chancery 
 Reports. 
 
 Hoffm. Ch. Hoffman's New York Chancery 
 Reports. 
 
 Hog. Hogan's Irish Rolls Court Reports; 
 (Hog. of) Harcarse's Scotch Session 
 Cases. 
 
 Hog. St. Tr. Hogan's State Trials, Penn- 
 sylvania. 
 
 Hogue. Hogue's Reports (1-4 Florida). 
 
 Hollinshead. Hollinshead's Minnesota Re- 
 ports (see n. 3, p. 31). 
 
 Holm. Holmes' United States Circuit Court 
 Reports. 
 
 Holm. Com. Law. Holmes on the Common 
 Law. 
 
 Holt. Holt's English King's Bench Reports; 
 — Holt's English Nisi Prius Reports; — 
 Holt's English Equity Reports. 
 
 Holt Adm. Ca. Holt's English Admiralty 
 Cases (Rule of the Road). 
 
 Holt Eq. Holt's English Equity Reports. 
 
 Holt N. P. Holt's English Nisi Prius Re- 
 ports. 
 
 Home. Home's Manuscript Decisions, 
 Scotch Court of Session; — see also Karnes. 
 
 Home (CI.) Clerk Home, Scotch Session 
 Cases. 
 
 Hooker. Hooker's Reports (26 Connecti- 
 cut). 
 
 Hoonahan. Hoonahan's Sind Reports, In- 
 dia. 
 
 Hopk. Adm. (or Judg.) Hopkinson's Penn- 
 sylvania Admiralty Judgments. 
 
 Hopk. Adm. Dec. Admiralty Decisions of 
 Hopkinson, in Gilpin's Reports. 
 
 Hopk. Ch. Hopkins' New York Chancery 
 Reports. 
 
 Hopw. & Colt. Hopwood & Coltman's Eng- 
 lish Registration Appeal Cases. 
 
 Hopw. & Phil. Hopwood & Philbrick's Eng- 
 lish Registration Appeal Cases. 
 
 Hor. & Th. Cas. Horrigan &. Thompson's 
 Cases on Self-Defence. 
 
 Horn & H. Horn & Hurlstone's English 
 Exchequer Reports. 
 
 Home Mir. Home's Mirrour of Justices. 
 
 Horr. & Th. Horrigan & Thompson's Cases 
 on Self-Defence. 
 
 Horw. Y. B. (Horwood's) Year Book of Ed- 
 ward I. 
 
 Houst. Houston's Delaware Reports. 
 
 Houst. Cr. Cas. Houston's Delaware Crim- 
 inal Cases. 
 
 Hov. Sup. Hovenden's Supplement to 
 Vesey, Jr.'s English Chancery Reports. 
 
 How. Howard's United States Supreme 
 Court Reports;— Howard's Mississippi Re- 
 ports; — Howard's N. Y. Practice Reports. 
 
 How. App. Howard's New York Court of 
 Appeals Cases. 
 
 How. Cas. Howard's New York Court of 
 Appeals Cases; — Howard's Popery Cases. 
 
 How. Ch. Pr. Howard's Chancery Practice, 
 
 How. Cr. Tr. Howison's Criminal Trials 
 (Virginia). 
 
 How. Pr. Howard's New York Practice Re- 
 ports. 
 
 How. S. C. (or U. S.) Howard's United 
 States Supreme Court Reports. 
 
 How. St. Howell's Michigan Statutes. 
 
 How. St. Tr. Howell's English State Trials. 
 
 Hubbard. Hubbard's Reports (45-51 Maine). 
 
 Hud. & Br. Hudson & Brooke's Irish King's 
 Bench Reports. 
 
 Hugh. Hughes' United States Circuit Court 
 Reports; — Hughes' Kentucky Reports; — 
 Hughes' Entries. 
 
 Humph. Humphreys' Tennessee Reports. 
 
 Hun. Hun's New York Supreme Court Re- 
 ports. 
 
 Hurd St. Hurd's Illinois Statutes. 
 
 Hurl. & Colt. Hurlstone & Coltman's Eng- 
 lish Exchequer Reporta 
 
 Hurl. & Gord. Hurlstone & Gordon's Re- 
 ports (10, 11 Exchequer Reports, Eng- 
 lish). 
 
 Hurl. & Nor. Hurlstone & Norman's Eng- 
 lish Exchequer Reports. 
 
 Hurl. & VValm. Hurlstone & Walmsley's 
 English Exchequer Reports. 
 
 Hut. (or Hutt.) Mutton's English Comm.on 
 Pleas Reports. 
 
 Hutch. Car. Hutchinson on Carriers. 
 
 Hux. Judg. Huxley's Book of Judgments 
 (see Townsend). 
 
 Hyde. Hyde's Reports, Bengal. 
 
 I. Institutes (of Justinian). - 
 
 la. Iowa Reports. 
 
 Ida. Idaho; — Idaho Reports. 
 
 II Cons. Mar. 11 Consolato del Mare. 
 
 III. Illinois; — Illinois Reports. 
 
 III. App. Illinois Appellate. 
 
 Ind. Indiana; — Indiana Reports; — India; — 
 (Bast) Indian; — Index. 
 
 Ind. App. Indiana Appellate; — Law Reports, 
 Indian Appeals. 
 
 Ind. L. C. Eq. Indermaur's Leading Cases in 
 Conveyancing and Equity. 
 
 Ind. L. R. (East) Indian Law Reports. 
 
 Ind. L. Reg. Indiana Legal Register, La- 
 ifayette. 
 
 Ind. Rep. Indiana Reports. 
 
 Ind. Super. Indiana Superior Court Re- 
 ports (Wilson's). 
 
 Ind. T. Indian Territory. 
 
 Ins. L. J. Insurance Law Journal, New York 
 and St. Louis. 
 
 Ins. Mon. Insurance Monitor, New York. 
 
 Ins. Rep. Insurance Reporter, Philadelphia. 
 
 Inst. Institutes; Coke's Institutes; — Insti- 
 tutes of Justinian.i 
 
 Interstate Com. R. Interstate Commerce 
 Reports. 
 
 Iowa. Iowa Reports. 
 
 Ir. Irish; — ^Ireland; — Iredell's N. C. Law 
 or Equity Reports. 
 
 iWhen preceded by a number (thus, 2 Inst.), this abbreviation refers to Coke's Insti- 
 tutes. When followed by a number, it refers to Justinian; thus, Inst. I. 2, 3,- means 
 Book I., title 2, section 3, of the Institutes of Justinian. 
 
TABLE OF ABBREVIATIONS 
 
 1111 
 
 Ir. C> L. Irish Common Law Reports. 
 
 Ir. Ch. Irish Chancery Reports. 
 
 Ir. Cir. Irish Circuit Reports. 
 
 Ir. Eccl. Irish Ecclesiastical Reports, by 
 Milward. 
 
 Ir. Eq. Irish Equity Reports. 
 
 Ir. Jur. Irish Jurist, Dublin. 
 
 Ir. L. Irish Law Reports. 
 
 Ir. L. N. S. Irish Common Law Reports. 
 
 Ir. L. R. Irish Law Reports (1838-1850) ;— 
 The Law Reports, Ireland. 
 
 Ir. L. T. Irish Law Times, Dublin. 
 
 Ir. L. T. Rep. Irish Law Times Reports. 
 
 Ir. Law & Ch. Irish Common Law and 
 Chancery Reports (New Series). 
 
 Ir. Law & Eq. Irish Law and Equity Re- 
 ports (Old Series). 
 
 Ir. Law Rec. Irish Law Recorder. 
 
 Ir. Law Rep. Irish Law Reports (1838-1850). 
 
 Ir. Law Rep. N. S. Irish Common Law Re- 
 ports. 
 
 Ir. R. C. L. Irish Reports, Common Law 
 Series. 
 
 Ir. R. Eq. Irish Reports, Equity Series. 
 
 Ir. R. Reg, App. Irish Reports, Registration 
 Appeals. 
 
 Ir. R. Reg. & L. Irish Reports, Registry and 
 Land Cases. 
 
 Ir. St. Tr. Irish State Trials (Ridgeway's). 
 
 Ir. Stat. Irish Statutes. 
 
 Ir. T. R. Irish Term Reports (by Ridge- 
 way, Lapp, & Schoales). 
 
 Ired. Iredell's North Carolina Law Re- 
 ports. 
 
 I red. Eq. Iredell's North Carolina Equity Re- 
 ports. 
 
 J. Institutes of Justinian; — ^Johnson's New 
 York Reports. 
 
 J. J. Mar. J. J. Marshall's Kentucky Re- 
 ports. 
 
 J. Kel. Sir John Kelyng's English Crown 
 Cases. 
 
 J. P. Sm. J. P. Smith's English King's 
 Bench Reports. 
 
 J. S. Gr. J. S. Green's New Jersey Reports. 
 
 J. & La. T. Jones & La Touche's Irish 
 Chancery Reports. 
 
 J. & S. Jones & Spencer's New Yotk Su- 
 perior Court Reports. 
 
 J. & W. Jacob & Walker's English Chan- 
 cery Reports. 
 
 Jac Jacob's English Chancery Reports. 
 
 Jac. Fish. Dig. Jacob's American edition of 
 Fisher's English Digest. 
 
 Jac. & Walk. Jacob & Walker's English 
 Chancery Reports. . 
 
 Jackson. Jackson's Reports (46-58 Georgia). 
 
 Jackson & Lumpkin. Jackson & Lumpkin's 
 Reports (59-64 Georgia). 
 
 James. James' Nova Scotia Reports;— 
 King James. 
 
 James Sel. Cas. James' Select Cases, Nova 
 Scotia. , _, 
 
 James. & Mont. Jameson & Montagu s Eng- 
 lish Bankruptcy Reports (in 2 Glyn & 
 Jameson). „ 
 
 Jar. Chy. Pr. Jarman's Chancery Practice. 
 
 Jar. Wills. Jarman on Wills. 
 
 Jebb (or Jebb C. C.) Jebb's Irish Crown 
 Cases. 
 
 Jebb & B. Jebb & Bourke's Irish Queen's 
 Bench Reports. 
 
 Jebb & S. Jebb & Symes' Irish Queen's 
 Bench Reports. 
 
 Jeff. Jefferson's Virginia Reports. 
 
 Jeff. Man. Jefferson's Manual of Parlia- 
 mentary Practice. 
 
 Jenn. Jennison's Reports (14-18 Michigan). 
 
 Jenn. Sug. A. Jennett's Sugden Acts. 
 
 John, (or Johns.) Johnson's New York Re- 
 ports; — Johnson's Reports of Chase's De- 
 cisions; — Johnson's Reports, Chancery, 
 Maryland; — Johnson's English Vice-Chan- 
 cellors' Reports. 
 
 John. Am. Not. John's American Notaries. 
 
 Johns. Cas. Johnson's New York Cases. 
 
 Johns. Ch. Johnson's New York Chancery 
 Reports; — Johnson's English Vice-Chan- 
 cellors' Reports; — Johnson's Maryland 
 Chancery Decisions. 
 
 Johns. Ct. Err. Johnson's Reports, New 
 York Court of Errors. 
 
 Johns. Dec. Johnson's Maryland Chancery 
 Decisions. 
 
 Johns. Rep. Johnson's Reports, New York 
 Supreme Court. 
 
 Johns. U. S. Johnson's Reports of Chase's 
 U. S. Circuit Court Decisions. 
 
 Johns. V. C. Johnson, English Vice-Chan- 
 cellors' Reports. 
 
 Johns. & Hem.' Johnson & Hemming's Eng- 
 lish Chancery Reports. 
 
 Johnst. (N. 2.) Johnston's Reports, New 
 Zealand. 
 
 Jones 1. Sir. William Jones' English King's 
 Bench Reports. 
 
 Jones 2. Sir Thomas Jones' English King's 
 Bench Reports. 
 
 Jones. Jones' Reports (43-48, 52-57, 61, 62 
 Alabama; — Jones' Reports (11, 12 Penn- 
 sylvania State); — ^Jones' Reports (22-30 
 Missouri) ; — Jones' Law or Equity Re- 
 ports, North Carolina; — Jones' Irish 
 Exchequer Reports; — Jones' Upper Can- 
 ada Common Pleas Reports. 
 
 Jones B. Jones' Law of Bailments. 
 
 Jones, Barclay & Whittlesey. Jones, Bar- 
 clay, & Whittlesey's Reports (31 Mis- 
 souri). 
 
 Jones Ch. Mort. Jones on Chattel Mort- 
 gages. 
 
 Jones Mort. Jones on Mortgages. 
 
 Jones N. C> Jones' North Carolina Law 
 Reports. 
 
 Jones (Pa.) Jones' Reports (11, 12 Penn- 
 sylvania State). 
 
 Jones T. Sir Thomas Jones* English King's 
 Bench Reports. 
 
 Jones U. C. Jones' Reports, Upper Canada. 
 
 Jones W. Sir William Jones' English King's 
 Bench Reports. 
 
 Jones & C. Jones & Gary's Irish Exchequer 
 Reports. 
 
 Jones & La T. Jones & La Touche's Irish 
 Chancery Reports. 
 
 Jones & Sp. Jones & Spencer's New York 
 Superior Court Reports. 
 
1112 
 
 APPENDIX 
 
 Jud. & Sw, Judab & Swan's Reports, Ja- 
 maica. 
 
 Jur. The Jurist, London, 1854 [or, the 
 Jurist or Quarterly Journal of Jurispru- 
 dence, 1827; — or the Jurist, Washington; 
 — or the Jurist, New York]. 
 
 Jur. N. S. The Jurist, New Series, London. 
 
 Jur. N. Y. The Jurist, or Law and Equity 
 Reporter, New York. 
 
 Jur. (Sc.) The Scottish Jurist, Edinburgh. 
 
 Juta. Juta's Cape of Good Hope Reports. 
 
 K. Keyes' New York Court of Appeals Re- 
 ports; — Kenyon's English King's Bench 
 Reports. 
 
 K. C. R. Reports in the time of Chancellor 
 King. 
 
 K. & J. Kay & Johnson's English Vice- 
 Chancellors' Reports. 
 
 Katn. Kames' Decisions of the Scottish 
 Court of Session. 
 
 Kam. Sel. Dec. Kames' Select Decisons, 
 Scotch Court of Session. 
 
 Kan. (or Kans.) Kansas; — Kansas Reports. 
 
 Kan. App. Kansas Appeals. 
 
 Kay. Kay's English Vice-Chancellors' Re- 
 ports. 
 
 Kay & Johns. Kay & Johnson's English 
 Vice-Chancellors' Reports. 
 
 Ke. Keen's English Rolls Court Reports. 
 
 Keane & Gr. Keane & Grant's English Reg- 
 istration Appeal Cases. 
 
 Keb. Keble's English King's Bench Re- 
 ports. 
 
 Keen. Keen's English Rolls Court Reports. 
 
 Kell. (or Keilw.) Kellway's English King's 
 Bench Reports. 
 
 Kel. 1. Sir John Kelyng's English Crown 
 Cases. 
 
 Kel. 2. Wm. Kelynge's English Chancery 
 Reports. 
 
 Kel. Ga. Kelly's. Georgia Reports (1-3 
 Georgia). 
 
 Kef. J. Sir John Kelyng's English Crown 
 Cases. 
 
 Kel. W. Wm. Kelynge's English Chancery 
 Reports. 
 
 Kelly. Kelly's Reports (1-3 Georgia). 
 
 Kelly & Cobb. Kelly & Cobb's Reports .(4, 
 5 Georgia). 
 
 Ken. Dec. Kentucky Decisions, by Sneed. 
 
 Kenan. Kenan's Reports (76-85 North Car- 
 olina). 
 
 Kent. Kent's Commentaries on American 
 Law; — Kentucky (see Ky.). 
 
 Keny. Kenyon's ilnglish King's Bench Re- 
 ports. 
 
 Keny. Ch. (or 3 Keny.) Chancery Reports 
 at the end of 2 Kenyon. 
 
 Kern. Keman's Reports (11-14 New York 
 Court of Appeals). 
 
 Kerr. Kerr's New Brunswick Reports; — 
 Kerr's Reports (18-22 Indiana). 
 
 Kerr Inj. Kerr on Injunctions. 
 
 Kerr Rec. Kerr on Receivers. 
 
 Key. Keye's New York Court of Appeals 
 Reports. 
 
 Kilk. Kilkerran's Decisions, Scoteh Court 
 of Session. 
 
 King. King's Reports (5, 6 Louisiana An- 
 nual. 
 
 King, Cas. temp. Select Cases temp. King, 
 English Chancery. 
 
 Kir. (or Kirb.) Kirby's Connecticut Re- 
 ports. 
 
 Kn. (or Kn. A. C.) Knapp's Appeal Cases 
 (English Privy Council). 
 
 Kn. N. S. W. Knox, New South Wales Re- 
 ports. 
 
 Kn. & Moo. Knapp & Moore's Reports (3 
 Knapp's Privy Council Reports). 
 
 Kn. & O. Knapp & Ombler's English Elec- 
 tion Reports. 
 
 Knowles. Knowles' Reports (3 Rhode Is- 
 land) . 
 
 Ky. Kentucky; — Kentucky Reports. 
 
 Ky. Dec. Sneed's Kentucky Decisions. 
 
 Kyd. Aw. Kyd on Awards. 
 
 Kyd Bills. Kyd on Bills of Exchange. 
 
 Kyd Corp. Kyd on Corporations. 
 
 L. Lansing's Supreme Court Reports, New 
 York. 
 
 L. Abr. Lilly's Abridgment. 
 
 L. All. Leges Allemannl. 
 
 L. Bai. Leges Baiarum. 
 
 L. C. Eq. White & Tudor's Leading Cases 
 in Equity. 
 
 L. C. J. Lower Canada Jurist, Montreal. 
 
 L. C. L. J. Lower Canada Law Journal, 
 Montreal. 
 
 L. C. R. Lower Canada Reports. 
 
 L. Ed. Lawyers' Edition Supreme Court 
 Reports. 
 
 L. I. Legal Intelligencer, Philadelphia. 
 
 L. J, The Law Journal, London. 
 
 L. J. Adm. Law Journal, New Series, Ad- 
 miralty. 
 
 L. J. App. Law Journal, New Series, Ap- 
 peals. 
 
 L. J. Bank. Law Journal, New Series, Bank- 
 ruptcy. 
 
 L. J. C. C. R. Law Journal, New Series, 
 Crown Cases Reserved. 
 
 L. J. C. P. Law Journal, New Series, Com- 
 mon Pleas. 
 
 L. J. Cli. Lav;" Journal, New Series, Chan- 
 cery. 
 
 L. J. C. P. p. Law Journal, New Series, 
 Common Pleas Decisions. 
 
 L. J. D. & M. Law Journal, New Series, 
 Divorce and Matrimonial. 
 
 L.. J. Ecc. Law Journal, New Series, Ec- 
 clesiastical Cases. 
 
 L. J. Exch. Law Journal, New Series, Ex- 
 chequer. 
 
 L. J. Ej(. D. Law Journal, New Series, Ex- 
 chequer Division. 
 
 L. J. H. L. Law Journal, New Series, House 
 of Lords. 
 
 L. J. M. C. Law Journal, New Series, Mag- 
 istrates' Cases. 
 
 L. J. M. & W. Morgan & Williams' Law 
 Journal, London. 
 
 U. J. Mat. Cas. Law Journal, New Series, 
 Divorce and Matrimonial. 
 
 L. J. N. C. Law Journal, Notes of Cases. 
 
 L. J. N. S. The Law Journal, New Series, 
 London. 
 
 L. J. O. S. The Law Journal, Old Series, 
 London. 
 
TABLE OF ABBREVIATIONS 
 
 1113 
 
 L. J. P. (or P. C.) Law Journal, New Series, 
 
 Privy Council. 
 L. J. P. D. & A. Law Journal, New Series, 
 
 Probate, Divorce, and Admiralty. 
 L. J. Prob. Law Journal, New Series, Pro- 
 bate. 
 
 L. J. Q. B. Law Journal, New Series, 
 Queen's Bench. 
 
 L. J. Q. B. D. Law Journal, New Series, 
 Queen's Bench Division. 
 
 L. J. Rep. Law Journal Reports. 
 
 L. J. Rep. N. S. Law Journal Reports, New 
 . Series. 
 
 L. J. Sm. Smith's Law Journal, London. 
 
 L. M..(or Mag.) & L. R. Law Magazine and 
 Law Review, London. 
 
 L. M. & P. Lowndes, Maxwell, & Pollock's 
 English Bail Court Reports. 
 
 L. Mag. & Rev. Law Magazine and Review, 
 London. 
 
 L. N. Liber Niger, or the Black Book. 
 
 L. O. Legal Observer. London. 
 
 L. R. A. Lawyers' Reports Annotated. 
 
 L. R. A. (N. S.) Lawyers' Reports Anno- 
 tated, New Series. 
 
 L. R. A. & E. English Law Reports, Ad- 
 miralty and Ecclesiastical. 
 
 L. R. App. English Law Reports, Appeal 
 Cases, House of Lords. 
 
 L. R. Burm. Law Reports, British Burmah. 
 
 L. R. C. C. English Law Reports', Crown 
 Cases Reserved. 
 
 L. R. C. P. English Law Reports, Common 
 Pleas. 
 
 L. R. C. P. D. English Law Reports, Com- 
 mon Pleas Division. 
 
 L. R, Ch. English Law Reports, Chancery, 
 Appeal Cases. 
 
 L. R. Ch. D. English Law Reports, Chan- 
 cery Division. 
 
 L. R. Eq. English Law Reports, Equity. 
 
 L. R. Ex. English Law Reports, Exchequer. 
 
 L. R. Ex. Div. English Law Reports, Ex- 
 chequer Division. 
 
 L. R. H. L. English Law Reports, English 
 ' and Irish Appeal Cases. 
 
 L. R. H. L. Sc. English Law Reports, 
 Scotch and Divorce Appeal Cases. 
 
 L. R. Ind. App. English Law Reports, In- 
 dian Appeals. 
 
 L. R. I p. Law Reports, Ireland. 
 
 L. R. N. S. Irish Law Recorder, New Series. 
 
 L. R. N. S. W. Law Reports, New South 
 Wales. 
 
 L. R. P. C. English Law Reports, Privy 
 Council, Appeal Cases. 
 
 L. R. P. Div. English Law Reports, Probate, 
 Divorce, and Admiralty Division. 
 
 L. R. P. & D. English Law Reports, Pro- 
 bate and Divorce. 
 
 L. R. Q. B. English Law Reports, Queen s 
 Bench. „ 
 
 L. R. Q. B. Div. English Law Reports, 
 Queen's Bench Division. 
 
 L. R. S. A. Law Reports, South Australia. 
 
 L. R." Sc. & D. English Law Reports, Scotch 
 and Divorce Cases, before the House of 
 Lords. , ^ 
 
 L. R. Sess. Cas. English Law Reports, bes- 
 sions Cases. ^^ ^ ^ 
 
 L< R. Stat. English Law Reports, Statutes. 
 
 L. Repos. Law Repository. 
 
 L. Rev. Law Review. 
 
 L. T. Law Times Journal, London; — ^Law 
 
 Times, Scranton, Pa. 
 L. T. B. Law Times Bankruptcy Reports 
 (American). 
 
 L. T. N. S. (or L. T. R. N. S.) Law Times 
 (New Series) Reports, London, 1843. 
 
 L. T. R. The Law Times Reports in all the 
 Courts. 
 
 L. & B. Prec. Leake & BuUen's Precedents 
 of Pleading. 
 
 L. & C. Leigh & Cave's English Crown 
 Cases Reserved. 
 
 L. & C. C. C. Leigh & Cave's Crown Cases. 
 
 L. & E. English Law & Equity Reports 
 (American reprint). 
 
 L. & E. Rep. Law and Equity Reporter, New 
 York. 
 
 L. & G. t. Plunk. Lloyd & Goold's Irish 
 Chancery Reports temp. Plunkett. 
 
 L. & G. t Sug. Lloyd & Goold's Irish Chan- 
 cery Reports temp. Sugden. 
 
 L. & M. Lowndes & Maxwell's English 
 Practice Cases. 
 
 L. & T. Longfield & Townsend's Irish Ex- 
 chequer Reports. 
 
 L. & W. Lloyd & Welsby's English Mercan- 
 tile Cases. 
 
 La. Louisiana; — Louisiana Reports; — Lane's 
 English Exchequer Reports. 
 
 La. An. Louisiana Annual Reports. 
 
 La. L. J. Louisiana Law Journal, New Or- 
 leans ; — Louisiana Law Journal 
 (Schmidt's), New Orleans, 1842. 
 
 La. T. R. Louisiana Term Reports (3-12 
 Martin's Louisiana). 
 
 Lab. Labatt's California District Court Re- 
 ports; — Labatt, Master and Servant; — 
 Labuan. 
 
 Lack. Leg. R. Lackawanna Legal Record. 
 
 La I or. Lalor's Supplement to Hill & Denio's 
 New York Reports. 
 
 Lane. Bar. The Lancaster Bar (periodical). 
 
 Lane. Lane's English Exchequer Reports. 
 
 Lang. Ca. (or L. C.) Cont. Langdell's Cases 
 on the Law of Contracts. 
 
 Lang. Ca. (or L. C.) Sales. Langdell's 
 Cases on the Law of Sales. 
 
 Lang. Cont. Langdell's Cases on Contracts; 
 — Langdell's Summary of the Law of Con- 
 tracts. 
 
 Lang. Eq. PI. Langdell's Summary of Equity 
 Pleading; — Langdell's Cases in Equity 
 Pleading. 
 
 Lang. Sales. Langdell's Cases on the Law of 
 Sales. 
 
 Lang. Suirik Cont. Langdell's. Summary of 
 the Law of Contracts. 
 
 Lans. Lansing's New York Supreme Court 
 Reports. 
 
 Lans. Ch. Lansing's Chancery Decisions, 
 New York. 
 
 Latch. Latch's English King's Bench Re- 
 ports. 
 
 Lathrop. Lathrop's Reports (115-131 Massa- 
 chusetts). 
 
 Lauder. (Lauder of) Fountainhall's Scotch 
 Session Cases. 
 
 Law Cas. Wm. I. Law Cases, William I. to 
 Richard I. 
 
1114 
 
 APPENDIX 
 
 Law Chr. Law Chronicle, London (or Edin- 
 burgh). 
 
 Law Chr. & Jour. Jur. Law Chronicle and 
 Journal of Jurisprudence. 
 
 Law. Con. Lawson on Contracts. 
 
 Law Mag. Law Magazine, London. 
 
 Law Mag. & Rev. Law Magazine and Re- 
 view. 
 
 Law Notes. Law Notes, London;— Law 
 Notes, Northport, N. Y. 
 
 Law Rep. Law Reports (see L. R.) ; — Law 
 Reporter, Boston [or London; — or Toron- 
 to; — or Montreal]. 
 
 Law Rev. Law Review, London; — Ameri- 
 can Law Review, Boston. 
 
 Law Rev. & Qu. J. Law Review and Quar- 
 terly Journal, London. 
 
 Law T. Law Times, London; — ^Law Times, 
 Scranton, Pa. 
 
 Law T. Rep. N. S. Law Times Reports, New 
 Series. 
 
 Law. Wheat. Lawrence's Edition of Wheat- 
 on on International Law. 
 
 Lawrence. Lawrence's Reports (20 Ohio). 
 
 Ld. Ken. Lord' Kenyon's English King's 
 Bench Reports. 
 
 Ld. Raym. Lord Raymond's English King's 
 Bench Reports. 
 
 Lea. Lea's Tennessee Reports; — Leach. 
 
 Leach. Leach's English Crown Cases. 
 
 Leach CI. Cas. Leach's Club Cases, London. 
 
 Lead. Cas. Am. American Leading Cases, 
 by Hare & Wallace. 
 
 Lead. Cas. Eq. Leading Cases in Equity, 
 by White & Tudor. 
 
 Leake Cont. ' Leake on the Law of Con- 
 tracts. 
 
 Lee. Lee's English Ecclesiastical Reports; 
 — ^Lee's Reports (9-12 California). 
 
 Lee G. Sir George Lee's English Ecclesias- 
 tical Reports. 
 
 Lee t. Hard. Lee's Cases temp. Hardwicke, 
 English K. B. and Ch. 
 
 Leg. Int. Legal Intelligencer, Philadelphia. 
 
 Leg. News. Legal News, Chicago; — Legal 
 News, Montreal. 
 
 Leg. Oler. Laws of Oleron. 
 
 Leg. Rev. Legal Review, London. 
 
 Leg. Wisb. Laws of Wisbury. 
 
 Legg. Leggett's Reports, Sind, India. 
 
 Leigh. Leigh's Virginia Reports. 
 
 Leigh & C. Leigh & Cave's English Crown 
 Cases. 
 
 Lest. L. L. Lester's Decisions in Public 
 Land Cases. 
 
 Lester. Lester's Reports (31-33 Georgia). 
 
 Lester Supp. (or Lest. & But.) Lester & 
 Butler's Supplement to Lester's Georgia 
 Reports. 
 
 Lev. Levinz's English King's Bench Re- 
 Reports. . 
 
 Lev. Ent. Levinz's Entries. 
 
 Lew. C. C. Lewin's English Crown Cases. 
 
 Lewis. Lewis' Reports (1 Nevada). 
 
 Lex Cust. Lex Custumaria. 
 
 Lex Man. Lex Maneriorum. 
 
 Lex Mer. Am. Lex Mercatoria Americana. 
 
 Lex Merc. Red. Lex Mercatoria Redivlva, 
 by Beawes. 
 
 Lex Pari. Lex Parliamentaria. 
 
 Ley. Ley's English King's Bench Reports. 
 
 Lib. Ass. Liber Assisarum (Year Books, 
 Part v.). 
 
 Lib. Ent. Old Books of Entries. 
 
 Lib. Feud. Liber Feudorum, at the end of 
 the Corpus Juris Civilis. 
 
 Lib. Intr. Liber Intrationum, Old Book of 
 Entries. 
 
 Lib. Nig. Liber Niger, the Black Book. 
 
 Lib. PI. Liber Placitandi, Book of Pleading. 
 
 Lib. Reg. Register Books. 
 
 Lib. Rub. Liber Rubens, the Red Book. 
 
 Lieb. Herm. Lieber's Hermeneutics. 
 
 Lil. Lilly's English Assize Reports. 
 
 Lind. Part. Lindley's Laws of Partnership. 
 
 Lit. (or Litt.) Llttell's Kentucky Reports; 
 — Littleton's English Common Pleas Re- 
 ports; — Littleton's Tenures. 
 
 Lit. (or Litt.) Sel. Ca. Llttell's Select Ken- 
 tucky Cases. 
 
 Lit. (or Litt.) Ten. Littleton's Tenures. 
 
 Littel. Llttell's Kentucky Reports. 
 
 Liv. Llvington's Mayor's Court Reports, 
 New York. 
 
 LI. & G. t P. Lloyd & Goold's Irish Chan- 
 cery Reports temp. Plunkett. 
 
 LI. & G. t S. Lloyd & Goold's Irish Chan- 
 cery Reports temp. Sugden. 
 
 LI. & W. Lloyd & Welsby's Mercantile 
 
 Lock. Rev. Ca. Lockwood's New York Re- 
 versed Cases. 
 
 Lofft. Lofft's English King's Bench Re- 
 ports. 
 
 Lom. Dig. Lomax's Digest of Real Prop- 
 erty. 
 
 Lom. Ex. Lomax on the Law of Executors. 
 
 Longf. & T. Longfield & Townsend's Irish 
 Exchequer Reports. 
 
 Lorenz. Lorenz's Ceylon Reports. 
 
 Low. Lowell's United States District Court 
 Reports. 
 
 Low. Can. Jur. Lower Canada Jurist, Mon- 
 treal. 
 
 Low. Can. L. J. Lower Canada Law Jour- 
 nal. 
 
 Low. Can. R. Lower Canada Reports. 
 
 Lownd. M. & P. Lowndes, Maxwell, & Pol- 
 lock's English Bail Court Reports. 
 
 Lownd. & M. Lowndes & Maxwell's Eng- 
 lish Bail Court Reports. 
 
 Luc. (or Lucas) Lucas' Reports (Modern 
 Reports, Part X.). 
 
 Ludden. Ludden's Reports (43, 44 Maine). 
 
 Lush. Lushington's English Admiralty Re- 
 ports. 
 
 Lush. Pr. L. Lushington on Prize Law. 
 
 Lut. (or Lutw.) Lutwyche's English Com- 
 mon Pleas Reports. 
 
 Lut. Ent. Lutwyche's Entries. 
 
 Lut. R. C. Lutwyche's English ^legistration 
 Appeal Cases. 
 
 Luz. Leg. Obs. Luzerne Legal Observer, 
 Carbondale, Pa. 
 
 Luz. Leg. Reg. Luzerne Legal Register, 
 Wilkesbarre, Pa. 
 
 Lyne (Wal.) Lyne's Irish Chancery Cases., 
 from Wallis' Notes. 
 
 M. Miles, Pennsylvania Reports; — Morison's 
 Dictionary of Decisions, Scotch Court of 
 Session; — Session Cases, 3d Series, Scot- 
 land (Macpherson, &c.). 
 
TABLE OF ABBREVIATIONS 
 
 1115 
 
 M. C. C. Moody's English Crown Cases, Re- 
 served. 
 
 M. D. & D. (or De G.) Montagu, Deacon, & 
 De Gex's English Bankruptcy Reports. 
 
 M. G. & S. Manning, Granger, & Scott's 
 English Common Pleas Reports. 
 
 M. & A. Montagu & Ayrton's English 
 Bankruptcy Reports. 
 
 M. & B. Montagu & Bligh's English Bank- 
 ruptcy Reports. 
 
 M. & C. Mylne & Craig's English Chancery 
 Reports; — Montagu & Chitty's English 
 Bankruptcy Reports. 
 
 M. & G. Manning & Granger's English 
 Common Pleas Reports; — Maddock & 
 Geldart's English Chancery Reports. 
 
 M. & Gel. Maddock & Geldart's English 
 Chancery Reports (6 Maddock). 
 
 M. & Gord. Macnaghten & Gordon's Eng- 
 lish Chancery Reports. 
 
 M. & K. Mylne & Keen's English Chancery 
 Reports. 
 
 M. & M. Moody & Malkin's English Nisi 
 Prius Reports. 
 
 M. & M'A. Montagu & M'Arthur's English 
 Bankruptcy Reports. 
 
 M. & P. Moore & Payne's English Com- 
 mon Pleas Reports. 
 
 M. & R. Manning & Ryland's English 
 King's Bench Reports; — Moody & Robin- 
 son's English Nisi Prius Reports; — Mac- 
 lean & Robinson's Scotch Appeal Cases. 
 
 M. & R. M. C. Manning & Ryland's Eng- 
 lish Magistrate Cases. 
 
 M. & S. Maule & Selwyn's English King's 
 Bench Reports; — Moore & Scott's Eng- 
 lish Common Pleas Reports. 
 
 M. & W. Meeson & Welsby's English Ex- 
 chequer Reports. 
 
 M. & Y. Martin & Yerger's Tennessee Re- 
 ports. 
 
 Mac. & G. Macnaghten & Gordon's Chan- 
 cery Reports. 
 
 Mac. P. C. Macrory's Patent Cases. 
 
 Mac. & Rob. Maclean & Robinson's Appeal 
 Cases. 
 
 Macal. M.cAllister's United States Circuit 
 Court Reports. 
 
 MacArth. MacArthur's District of Columbia 
 Reports. 
 
 Macas. Macassey's Reports, New Zealand. 
 
 Maccl. Macclesfield's Reports (Modern Re- 
 ports, Part X.). 
 
 Macd. Jam. Macdougall's Jamaica Reports. 
 
 Macf. Macfarlane's Reports, Jury Courts, 
 Scotland. 
 
 Mack. Inst. Mackenzie's Institutes of the 
 Law of Scotland. 
 
 Mad. McLean's United States Circuit Court 
 Reports; — Maclaurin's Scotch Criminal 
 Decisions. 
 
 Mad. & R. Maclean & Robinson's Scotch 
 Appeal Cases. 
 
 Macn. Macnaghten's Select Cases in 
 Chancery temp. King (see n. 15, p. 78); — 
 W. H. Macnaghten's Reports, India. 
 
 Macn. (Fr.) Sir Francis Macnaghten's Ben- 
 gal Reports. 
 
 Macn. N. A. Beng. Macnaghten's Nizamut 
 Adawlut Reports, Bengal. 
 
 Macn. S. D. A. Beng. (W. H.) Macnaghten's 
 Sudder Dewanny Adawlut Reports, Ben- 
 gal. 
 
 Macn. Sel. Cas. Select Cases in Chancery 
 tempore King, edited by Macnaghten. 
 
 Macn. & G. Macnaghten & Gordon's Eng- 
 lish Chancery Reports. 
 
 Macph. Macpherson, Lee, & Bell's (Third 
 Series) Scotch Court of Session Cases. 
 
 Macq. Macqueen's Scotch Appeal Cases. 
 
 Macq. H. L. Cas. Macqueen's Scotch Appeal 
 Cases (House of .Lords). 
 
 Mad. H. C. Madras High Court Reports. 
 
 Mad. S. D. A. R. Madras Sudder Dewanny 
 Adawlut Reports. 
 
 Mad. Sel. Dec. Madras Select Decrees. 
 
 Mad. Sen. Madras Series (East) Indian Law 
 Reports. 
 
 Mad. & Gel. Maddock & Geldart's English 
 Chancery Reports (6 Maddock). 
 
 Madd. ' Maddock's Reports, English Chan- 
 cery. 
 
 Mag. Cas. Magistrate's Cases (especially 
 the series edited hy Bittleston, Wise, & 
 Parnell). 
 
 Mag. Char. Magna Charta. 
 
 Mag. Rot. Magnus Rotulus (the great Roll 
 of the Exchequer). 
 
 Magruder. Magruder's Reports (1, 2 Mary- 
 land). 
 
 Mai. Maine; — Maine Reports. 
 
 Mai. Anc. L. Maine's Ancient Law. 
 
 Mai. Inst. Maine's History of Institutions. 
 
 Mai. Vil. Com. Maine's Village Communi- 
 ties. 
 
 Maitland. Maitland's Manuscript Scotch 
 Session Cases. 
 
 Man. Manning's Reports (English Court 
 of Revision); — Manning's Reports (1 
 Michigan; — See also Mann. 
 
 Man. Cas. Manumission Cases in New Jer- 
 sey, by Bloomfield. 
 
 Man. Gr. & S. Manning, Granger, & Scott, 
 English Common Pleas Reports. 
 
 Man. & G. Manning & Granger's English 
 Common Pleas Reports. 
 
 Man. & Ry. Manning & Ryland's English 
 King's Bench Reports. 
 
 Man. & Ry. Mag. Cas. Manning & Ryland's 
 English Magistrates' Cases. 
 
 Manb. Coke. Manby's Abridgment of Coke's 
 Reports. 
 
 Manning. Manning's Reports (1 Michigan). 
 
 Mar. March's English King's Bench Re- 
 ports;— Marshall's United States Circuit 
 Court Reports; — Marshall's Kentucky Re- - 
 ports; — Martin's Louisiana Reports; — 
 Martin's North Carolina Reports; — Mar- 
 shall's Reports, Bengal. 
 
 Mar. L. C. English Maritime Law Cases 
 (Crockford). 
 
 Mar. L. C. N. S. English Maritime Law 
 Cases, New Series (Aspinall). 
 
 Mar. La. Martin's Louisiana Reports. 
 
 Mar. N. C. Martin's North Carolina Reports. 
 
 Mar. N. S. Martin's Louisiana Reports, New 
 Series. 
 
 Mar. R. English Maritime Law Reports. 
 
 March N. C. March's New Cases, English 
 King's Bench. 
 
1116 
 
 APPENDIX 
 
 Marr. Marriott's English Admiralty Deci- 
 sions; — Marrack's European Assurance 
 Cases. 
 
 Marsh. Marshall's United States Circuit 
 Court Decisions; — Marshall's English 
 Common Pleas Reports; — Marshall's Ben- 
 gal Reports. 
 
 Marsh. (A. K.) A. K. Marshall's Kentucky 
 Reports. 
 
 Marsh. Beng. (or Calc.) Marshall's Reports, 
 Bengal. 
 
 Marsh. Dec. Marshall's United States Cir- 
 cuit Court Decisions (or IMarshall on the 
 Federal Constitution). 
 
 Marsh. (J. J.) J. J. Marshall's Kentucky Re- 
 ports. 
 
 Marsh. Op, Marshall's Constitutional Opin- 
 ions. 
 
 Mart. Dec. United States Decisions in Mar- 
 tin's North Carolina Reports. 
 
 Mart. (N. C.) Martin's North Carolina Re- 
 ports. 
 
 Mart. N. S. Martin's Louisiana Reports, 
 New Series. 
 
 Mart. U. S. C. C. Martin's United States 
 Circuit Court Reports. 
 
 Mart. & Yerg. Martin & Verger's Tennessee 
 Reports. 
 
 Martin. Martin's Louisiana Reports; — Mar- 
 tin's North Carolina Reports; — Martin's 
 Reports (21-30 Georgia) ; — Martin's Re- 
 ports (54-62 Indiana). 
 
 Mas. Mason's United States Circuit Court 
 Reports. / 
 
 Mass. Massachusetts; — Massachusetts Re- 
 ports. 
 
 Matson. Matson's Reports (22-24 Connecti- 
 cut). 
 
 Matthews. Matthews' Reports (6 West Vir- 
 ginia). 
 
 Mau. & Set. Maule & Selwyn's English 
 King's Bench Reports. 
 
 Maur. Dec. Mauritius Decisions. 
 
 Mayn. Maynard's Reports, Edward II. (Year 
 Books, Part L). 
 
 McA. L. & Ten. McAdam on Landlord and 
 Tenant. 
 
 McAII. McAllister's United States Circuit 
 Court Reports. 
 
 McAr. McArthur's District of Columbia Re- 
 ports. 
 
 McBride. McBride's Reports (1 Missouri). 
 
 McCah. McCahon's Kansas Reports. 
 
 McCar. McCarter's New Jersey Equity Re- 
 ports. 
 
 McCI. McClelland's English Exchequer Re- 
 ports. 
 
 McCI. & Y. McClelland & Younge's Ex- 
 chequer Reports. 
 
 McCook. McCook's Reports (1 Ohio State). 
 
 McCord. MoCord's South Carolina Law Re- 
 ports. 
 
 McCord Eq. (or Ch.) McCord's South Caro- 
 lina Equity Reports. 
 
 McCorkle. McCorkle's Reports (65 North 
 Carolina). 
 
 McCr. McCrary's United States Circuit 
 Court Reports. 
 
 McFar. McFarlane's Reports (Scotch Jury 
 Court). 
 
 McGill. McG-ill's Manuscript Scotch Session 
 
 Cases. 
 McGI. McGloin's Louisiana Reports. 
 McL. McLean's United States Circuit Court 
 
 Reports. 
 McL. & R. McLean & Robinson's Scotch 
 
 Appeal Cases. 
 McMul. McMullan's South Carolina Law 
 
 Reports. 
 McMul. Eq. McMullan's South Carolina 
 
 Equity Reports. 
 McPherson. McPherson, Lee, & Bell's 
 
 (Third Series) Scotch Session Cases. 
 McQ. MacQueen's Scotch Appeal (House of 
 
 Lords) Cases. 
 McQuillin Mun. Corp. McQuillin on Munici- 
 pal Corporations. 
 Md. Maryland Reports; — Harris & Mc- 
 
 Henry's Maryland Reports. 
 Md. Ch. Maryland Chancery Reports. 
 Me. Maine; — Maine Reports. 
 Means. Means' Kansas Reports. 
 Mechem. Mechem on Agency, — on Partner- 
 ship. 
 Meddaugh. Meddaugh's Reports (13 Michi- 
 gan). 
 Mees. & Ros. Meeson & Roscoe's English 
 
 Exchequer Reports. 
 Mees. & Wels. Meeson & Welsby's English 
 
 Exchequer Reports. 
 Meigs. Meigs' Tennessee Reports. 
 Mcnz. Menzies' Reports, Cape of Good 
 
 Hope. 
 Merc. Cas. Mercantile Cases. 
 Merl. Quest. Merlin, Questions de Droit. 
 Merl. Repert. Merlin, Repertoire de Juris- 
 prudence. 
 Met. (or Mete.) Metcalf's Mass. Reports; — 
 
 Metcalfe's Kentucky Reports. 
 Mete. Ky. Metcalfe's Kentucky Reports. 
 Mich. Michigan Reports. 
 Mich. N. P. Michigan Nisi Prius Reports. 
 Mil. Miles' Pennsylvania Reports; — Miller 
 
 (see Mill.). 
 Mill. Mills' South Carolina Constitutional 
 Reports; — Miller's Reports (1-5 Louisi- 
 ana); — Miller's Reports (3-18 Maryland). 
 Mill. Dec. Miller's Decisions (Woolworth's 
 Reports), United States Circuit Court;— 
 Miller's Decisions, United States Supreme 
 Court. 
 Mill. La. Miller's Reports (1-5 Louisiana). 
 Mill. Md. Miller's Reports (3-18 Maryland). 
 Miller. Miller's Reports (1-5 La.) ; — Miller's 
 
 Reports (3-18 Md.). 
 Milw. Milward's Irish Ecclesiastical Re- 
 ports. 
 Min. Minor's Alabama Reports. 
 Min. Inst. Minor's Institutes of Common 
 
 and Statute Law. 
 Minn. Minnesota Reports. 
 Mir. (or Mir. Just.) Home's Mirror of Jus- 
 tices. 
 Miss. Mississippi Reports. 
 Mit. Ch. PI. Mitford's Equity Pleading. 
 Mitf. Eq. PI. Mitford's Equity Pleading. 
 Mo. Missouri Reports; — Moore's English 
 King's Bench Reports; — Moore's English 
 Common Pleas Reports; — Moore's English 
 Privy Council Reports;— Modern Reports, 
 English King's Bench, &c. (see Mod.). 
 
TABLE OP ABBREVIATIONS 
 
 1117 
 
 Mo. App. Missouri Appeals Reports. 
 
 Mo. (F.) Sir Francis Moore's English 
 King's Bench Reports. 
 
 Mo. I. A. Moore's Indian Appeals. 
 
 Mo. (J. B.) J. B. Moore's English Common 
 Pleas Reports. 
 
 Moak Eng. Rep. Moak's English Reports. 
 
 Moak Und. Moak's edition of Underbill on 
 Torts. 
 
 Mod. Modern Reports, English King's 
 Bench, &c. 
 
 Mod. Cas. Modern Cases (6th Modern Re- 
 ports). 
 
 Mod. Cas. L. & Eq. Modern Cases at Law 
 and Equity (8 and 9 Modern Reports). 
 
 Mod. Cas. pep Far. (or t Holt) Modern 
 Cases temp. Holt, by Farresby (7 Modern 
 Reports). 
 
 Mod. Rep. The Modern Reports, English 
 King's Bench, Ec; — Modern Reports by 
 Style (Style's King's Bench Reports). 
 
 Mol. (or Moll.) Molloy's Irish Chancery 
 Reports. 
 
 Mon. Montana Reports; — T. B. Monroe's 
 Kentucky Reports. 
 
 Mon. (B.) B. Monroe's Kentucky Reports. 
 
 Mon. (T. B.) T. B. Monroe's. Kentucky Re- 
 ports. 
 
 Mont. Montana Reports; — Montagu's Eng- 
 lish Bankruptcy Reports; — Montesquieu; 
 — Montriou's Bengal Reports. 
 
 Mont. Cas. Montriou's Cases in Hindoo 
 Law. 
 
 Mont. Cond. Rep. Montreal Condensed Re- 
 ports. 
 
 Mont. D. & DeG. Montagu, Deacon, & De 
 Gex's English Bankruptcy Reports. 
 
 Mont. Dig. (or Eq. PI.) Montagu's Digest 
 of Pleadings in Equity. 
 
 Mont, Sp. L. Montesquieu's Spirit of Laws. 
 
 Mont. & Ayr. Montagu & Ayrton's English 
 Bankruptcy Reports. 
 
 Mont. & Ayr. B. L. Montagu & Ayrton on 
 the Bankrupt Laws. 
 
 Mont. & Bl. Montagu & Bligh's English 
 Bankruptcy Reports. 
 
 Mont. & C. Montagu & Chitty's English 
 Bankruptcy Reports. 
 
 Mont. & MacA. Montagu & MacArthur's 
 English Bankruptcy Reports. 
 
 Montr. Montriou's Reports, Bengal; — Mon- 
 triou's Supplement to Morton's Reports 
 (see n. 6, p. 145). 
 
 Moo. Francis Moore's English King's 
 Bench Reports; — ^J. M. Moore's English 
 Common Pleas Reports; — Moody's Eng- 
 lish Crown Cases. 
 
 Moo. A. Moore's Reports (1 Bosanquet & 
 Puller, after page 470). 
 
 Moo. C. C. Moody's English Crown Cases 
 Reserved. 
 
 Moo. Cr. C. Moody's Crown Cases, English 
 Courts. 
 
 Moo. Ind. App. Moore's Reports, Privy 
 Council, Indian Appeals. 
 
 Moo. P. C. Moore's Privy Council Cases. 
 
 Moo. Tr. Moore's Divorce Trials. 
 
 Moo. & Mai. Moody & Malkin's English 
 Nisi Prius Reports. 
 
 Moo. & Pay. Moore & Payne's English 
 Common Pleas Reports. 
 
 Moo. & Rob. Moody & Robinson's English 
 Nisi Prius Reports. 
 
 Moo. & Sc. Moore & Scott's English Com- 
 mon Pleas Reports. 
 
 Mood. Moody's English Crown Cases Re- 
 served. 
 
 Mood. & Malk. Moody & Malkin's English 
 Nisi Prius Reports. 
 
 Moore. Moore's English King's Bench Re- 
 ports; — Moore's English Common Pleas 
 Reports; — Moore's English Privy Council 
 Reports;— Moore's Reports (28-33 Arkan- 
 sas). 
 
 Moore Int. L. Moore's Digest of Interna- 
 tional Law. 
 
 Moore K. B. Sir F. Moore's English King's 
 Bench Reports. 
 
 Moore P. C. Moore's Privy Council Reports. 
 
 Moore & P. Moore & Payne's English Com- 
 mon Pleas Reports. 
 
 Moore & S. Moore & Scott's English Com- 
 mon Pleas Reports. 
 
 Moore & Walker. Moore & Walker's Re- 
 ports (22-24 Texas). 
 
 Mor. Corp. Morawetz on Private Corpora- 
 tions. 
 
 Mor. la. Morris' Iowa Reports. 
 
 Morr. Morris' Reports, Iowa; — See also 
 Morris. 
 
 Morr. Diet, (or M. Diet.) Morison's Dic- 
 tionary of Decisions, Scotch Court of Ses- 
 sion. 
 
 Morr. St. Cas. Morris' State Cases, Missis- 
 sippi. 
 
 Morr. Supp. Supplement to Morison's Dic- 
 tionary, Scotch Court of Session. 
 
 Morris. Morris' Iowa Reports; — Morris' Re- 
 ports (5 California); — Morris' Reports 
 (43-48 Mississippi) ; — Morris' Jamaica 
 Reports; — Morris' Bombay Reports. 
 
 Morris & Har. Morris & Harrington's S. D. 
 A. Reports, Bombay. 
 
 Morton. Morton's Reports, Bengal. 
 
 Mos. Mosely's English Chancery Reports. 
 
 Mumf. Mumford's Jamaica Reports. 
 
 Munf. Munford's Virginia Reports. 
 
 Mur. Murphey's North Carolina Reports; — 
 Murray's Jury Court Reports (Scotland) ; 
 — Murray's Ceylon Reports; — Murray's 
 New South Wales Reports. 
 
 Mur. & Hurl. Murphy & Hurlstone's Eng- 
 lish Exchequer Reports. 
 
 Murph. Murphey's North Carolina Reports. 
 
 Murr. Murray's Scotch Jury Trials; — Mur- 
 ray's Laws and Acts of Parliament 
 (Scotch); — Murray's Ceylon Reports; — 
 Murray's New South Wales Reports. 
 
 Mutukisna. Mutukisna's Ceylon Reports. 
 
 My I. & Cr. Mylne & Craig's English Chan- 
 cery Reports. 
 
 Myl. & K. Mylne & Keen's English Chan- 
 cery Reports. 
 
 Myr. Myrick's California Probate Court 
 Reports. 
 
 N. B. R. National Bankruptcy Register, 
 New York; — New Brunswick Reports. 
 
 N. Ben I. New Benloe, English King's Bench 
 Reports. 
 
1118 
 
 APPENDIX 
 
 N. C. North Carolina Reports; — Notes of 
 Cases (EJnglish Ecclesiastical and Mari- 
 time). 
 
 N. C. C. New Chancery Cases (Younge & 
 Collyer). 
 
 N. C. C. A. Negligence and Compensation 
 Cases Annotated. 
 
 N. C. Conf, North Carolina Conference Re- 
 ports. 
 
 N. C. Ecc. Notes of Cases in the Eccle- 
 siastical and Maritime Courts. 
 
 N. C. T. Repf. North Carolina Term Re- 
 ports. 
 
 N. Chip. N. Chipman's "Vermont Reports. 
 
 N. D. North Dakota. 
 
 N. E. Northeastern Reporter. 
 
 N. F. Newfoundland Reports 
 
 N. H. New Hampshire Reports. 
 
 N. H. & C. English Railway and Canal 
 Cases, by Nichol, Hare, Carrow, &c. 
 
 N. J. New Jersey; — New Jersey Reports; 
 — Novellae Justiniani. 
 
 N. J. Eq. (or Ch.) New Jersey Equity Re- 
 ports. 
 
 N. J. Law. New Jersey Law Reports. 
 
 N. J. L. J. New Jersey Law Journal, Som- 
 erville, N. J. 
 
 N. L. Nelson's Lutwyche, English Common 
 Pleas Reports. 
 
 N. M. New Mexico Reports. 
 
 N. of Cas. Notes of Cases, English Ecclesi- 
 astical and Maritime Courts) ; — Notes to 
 Cases at Madras (by Strange). 
 
 N. P. Nisi Prlus; — New Practice; — ^Nova 
 Placlta; — Notary Public. 
 
 N. P. C. Nisi Prius Cases. 
 
 N. P. R. Nisi Prius Reports. 
 
 N. R. The New Reports (English) ;—Bo- 
 sanquet & Puller's New Reports; — Novis- 
 sima Recopilacion. 
 
 N. R. B. P. New Reports of Bosanquet & 
 Puller. 
 
 N. S. L. R. Nova Scotia Law Reports. 
 
 N. S. W. L. R. New South Wales Law Re- 
 ports. 
 
 N. So. Dec. Nova Scotia Decisions. 
 
 N. W. P. H. C. Northwest Provinces, High 
 Court Reports, India. 
 
 N. W. Rep. Northwestern Reporter, St. 
 Paul, Minn. 
 
 N. Y. New York Court of Appeals Reports. 
 
 N. Y. App. Dec. New York Court of Ap- 
 peals Decisions. 
 
 N. Y. App. Div. New York Appellate 
 Division. 
 
 N. Y. Cas. Err. New York Cases in Error 
 (Caines' Cases). 
 
 N. Y. Ch. Sent. New York Chancery iSen- 
 tinel. 
 
 N. Y. City H. Rec. New York City Hall 
 Recorder. 
 
 N. Y, Code Rep. N. S. New York Code Re- 
 ports, New Series. 
 
 N. Y. Code Reptr. New York Code Re- 
 porter. 
 
 N. Y. Or. R. New York Criminal Reports. 
 
 N. Y. Leg. N. New York Legal News. 
 
 N. Y. Leg. Obs. New York Legal Observer 
 (Owen's). 
 
 N. Y. Op. Att, Gen. Sickel's Opinions of the 
 Attorneys-General of New York. 
 
 tvi. Y. Pr. New York Practice Reports. 
 
 N. Y. Rep. New York Court of Appeals Re- 
 ports. 
 
 N. Y. Reptr. New York Reporter (Garde- 
 nler's). 
 
 N. Y. St. Rep. New York State Reporter. 
 
 N. Y. Super. Ct. New York Superior Court 
 Reports. 
 
 N. Y. Supp. New York Supplement. 
 
 N. Y. Suprm. Ct. New York Supreme Court 
 Reports. 
 
 N. Y. T. R. New York Term Reports 
 (Caines' Reports). 
 
 N. & H. Nbtt & Huntington's Reports (1-7 
 U. S. Court of Claims). 
 
 N. & Hop. Nott & Hopkins' Reports (8-15 
 U. S. Court of Claims). 
 
 IM. & IW. Nevile & Manning's English 
 King's Bench Reports. 
 
 N. & IMc. Nott & McCord's South Carolina 
 Reports. 
 
 N. & P. Nevile & Perry's English King's 
 Bench Reports. 
 
 Napton. Napton's Reports (4 Missouri). 
 
 Narr. Mod. Narrationes Modemae, or 
 Style's King's Bench Reports. 
 
 Nat. B. R. National Bankruptcy Register. 
 
 Nat. Brev. Natura Brevium. 
 
 Nd. Newfoundland Reports. 
 
 Neb. Nebraska Reports. " 
 
 Neb. Unoff. Nebraska Unofiacial. 
 
 Nel. (Nels. or Nels. 8vo) Nelson's Eng- 
 lish Chancery Reports. 
 
 Nell. Nell's Ceylon Reports. 
 
 Nels. Fol. Rep. Finch's Chancery Reports, 
 edited by Nelson. 
 
 Nev. Nevada Reports. 
 
 Nev. & Man. Nevile & Manning's English 
 King's Bench Reports. 
 
 Nev. & Man. Mag. Cas. Nevill & Man- 
 ning's English Magistrates' Cases. 
 
 Nev. & McN. Neville & McNamara's Rail- 
 way and Canal Cases. 
 
 Nev. & P. Nevile & Perry's English King's 
 Bench Reports. 
 
 Nev. & P. Mag. Cas. Nevile & Perry's 
 English Magistrates' Cases. 
 
 New Ann. Reg. New Annual Register, Lon- 
 don. 
 
 New Benl. New Benloe's Reports, English 
 King's Bench. 
 
 New Br. New Brunswick Reports. 
 
 New Cas. Eq. New Cases in Equity (8, 
 9 Modern Reports). 
 
 New Mag. Cas. New Magistrates' Cases 
 (Bittleston, Wise, & Parnell). 
 
 New Pr. Cases. New Practice Cases (Eng- 
 lish). 
 
 New Rep. New Reports in all the Courts, 
 London; — Bosanquet & Puller's New Re- 
 ports (4, 5 Bos. & Pul.). 
 
 New Sess. Cas. Carrow, Hamerton, & Al- 
 len's New Sessions Cases (English). 
 
 New Term Rep. New Term Reports (see 
 n. 7, p. 49);— Dowling & Ryland's King's 
 Bench Reports. 
 
 New York. See N. Y. 
 
.TABLE OF ABBREVIATIONS 
 
 1119 
 
 Newb. Newberry's United States Admiralty- 
 Reports. 
 
 Newbyth. Newbyth's Manuscript Decisions, 
 Scotch Session Cases. 
 
 Newell. Newell on Libel and Slander. 
 
 Newf. Sel. Cas. Newfoundland Select Cases. 
 
 Norris. Norris' Reports (82-96 Pennsyl- 
 vania). 
 
 Nort. L. C. Norton's Leading Cases on In- 
 heritance, India. 
 
 North. Reports temp. Northington (Eden's 
 English Chancery Reports). 
 
 Northw. Rep. Northwestern Reporter, St. 
 Paul, Minn. 
 
 Not. Cas. Notes of Cases in the EInglish 
 Ecclesiastical and Maritime Courts; — 
 Notes of Cases at Madras (Strange). 
 
 Not. Dec. Notes of Decisions (Martin's 
 North Carolina Reports). 
 
 Nott & Hop. Nott & Hopkins' Reports (8- 
 15 United States Court of Claims). 
 
 Nott & Hunt. Nott & Huntington's Re- 
 ports (1-7 U. S. Ctourt of Claims). 
 
 Nott & McC. Nott & McCord's South Caro- 
 lina Reports. 
 
 Nov. Novellae. 
 
 Nov. Rec. Novissimi Recopilaoion de las 
 Leyes de EspaSa. 
 
 Noy. Noy's English King's Bench Reports. 
 
 O. Ohio Reports; — Oregon Reports; — Ot- 
 to's United States Supreme Court Re- 
 ports. 
 
 O. Ben. Old Benloe's Reports, English Com- 
 mon Pleas. 
 
 O. Bridg. Orlando Bridgman's Reports, Eng- 
 lish Common Pleas; — Carter's Reports, 
 temp. Bridgman, English Common Pleas. 
 
 O. C. A. Ohio Courts of Appeal. 
 
 O. S. Ohio State Reports. 
 
 O. St. Ohio State Reports. 
 
 O'Mal. & H. O'Malley & Hardcastle's Eng- 
 lish Election Cases. 
 
 Odg. Lib. Odger on Libel and Slander. 
 
 Off. Gaz. Pat. Off. Official Gazette, United 
 States Patent Office, Washington, D. C. 
 
 Officer. Officer's Reports (1-9 Minnesota). 
 
 Ogden. Ogden's Reports (12-15 Louisiana). 
 
 Ohio. Ohio Reports. 
 
 Ohio App. Ohio Appellate. 
 
 Ohio C. C. Ohio Circuit Court. 
 
 Ohio Dec. Ohio Decisions. 
 
 Ohio L. J. Ohio Law Journal. 
 
 Ohio N. P. Ohio Nisi Prius. 
 
 OPiio N. P. (N. S.) Ohio Nisi Prius, New 
 Series. 
 
 Ohio R. Cond. Ohio Reports, Condensed. 
 
 Ohio St. Ohio State Reports. 
 
 Okla. Oklahoma. 
 
 Okla. Cr. Oklahoma Criminal. 
 
 Olc. (or Olc. Adm.). Olcott's United States 
 District Court (Admiralty) Reports. . 
 
 Old Ben. Benloe in Benloe & Dalison, Eng- 
 lish Common Pleas Reports. 
 
 Oldr. Oldright's Reports, Nova Scotia. 
 
 Oliv. B. & L. English Railway and Canal 
 Cases, Vols. 5-7, by Oliver, Beavan, & 
 Lefroy. 
 
 Oil. B. & F. Olliver, Bell, & Fitzgerald s 
 New Zealand Reports. 
 
 Ont. Ontario; — Ontario Reports. 
 
 Ont. App. Ontario Appeal Reports. 
 
 Ont. Pr. Rep. Ontario Practice Reports. 
 
 Op. Att. Gen. Opinions of the United States 
 Attorneys-General. , 
 
 Op. N. Y. Atty. Gen. Slckel's Opinions of 
 Attorneys-General of New York. 
 
 Or. Oregon Reports. 
 
 Or. T. Rep. Orleans Term Reports (1, 2 
 Martin's Louisiana). 
 
 Ord. de la Mar. Ordonnance de la Marine 
 de Louis XIV. 
 
 Greg. Oregon Reports. 
 
 Orl. Bridgman. Orlando Bridgman's Eng- 
 lish Common Pleas Reports. 
 
 Orl. T. R. Orleans Term Reports (1, 2 Mar- 
 tin's Lonisiana Reports). 
 
 Ormond. Ormond's Reports , (12-15 Ala- 
 bama). 
 
 Ott. Otto's United States Supreme Court 
 Reports. 
 
 Out. Outerbridge's Reports (97, 98 Penn- 
 sylvania State). 
 
 Over. Overton's Tennessee Reports. 
 
 Ow. Owen's English K. B. Reports; — New 
 South Wales Reports. 
 
 Oxiey. Young's Vice-Admiralty Decisions, 
 Nova Scotia, edited by Oxley. 
 
 P. Partidas; — Peters; — Pickering's Massa- 
 chusetts Reports. 
 
 P. A. D. Peters' Admiralty Decisions. 
 
 P. 0. Pleas of the Crown; — Parliamentary 
 Cases; — Practice Cases; — Prize Cases; — 
 Patent Cases; — Privy Council; — Political 
 Code; — Penal Code; — Prize Court; — Pro- 
 bate Court; — Precedents in Chancery — 
 Procedure Civile. 
 
 P. C. C. Privy Council Cases; — ^Peters' Cir- 
 cuit Court Reports. 
 
 P. 0. R. Parker's Criminal Reports, New 
 York. 
 
 P. E. I. Rep. Prince Edward Island Reports 
 (Haviland's). 
 
 P. F. S. P. F. Smith's Reports (51-81% 
 Pennsylvania State). 
 
 P. I. Rep. Philippine Islands Reports. 
 
 P. Jr. & H. (or P. & H.) Patton, Jr., & 
 Heath's Virginia Reports. 
 
 P. N. P. Peake's English Nisi Prius Cases. 
 
 P. O. Cas. Perrjr's Oriental Cases, Bombay. 
 
 P. R. Parliamentary Reports; — Pennsyl- 
 vania Reports, by Penrose & Watts. 
 
 P. R. U. C. Practice Reports, Upper Can- 
 ada. 
 
 P. R. & D. Power, Rodwell, & Dew's Eng- 
 lish Election Cases. 
 
 P. S. C. U. S. Peters' Supreme Court, 
 United States. 
 
 P. S. R. Pennsylvania State Reports. 
 
 P. U. R. Public Utilities Repprts. 
 
 P. W. (or P. Wms.) Peere Williams' Eng- 
 lish Chancery Reports. 
 
 P. & C. Prideaux & Cole's Reports, English 
 Courts (New Session Cases, Vol. 4). 
 
 P. & D. Perry & Davison's English Queen's 
 Bench Reports. 
 
 P. & H. Patton (Jr.) & Heath's Virginia 
 Reports. 
 
1120 
 
 APPENDIX 
 
 P. & K. Perry & Knapp's English Election 
 
 p. & W.' Penrose & Watts' Pennsylvania Re- 
 ports. 
 
 Pa. Pennsylvania Reports, by Penrose & 
 Watts; — ^Pennsylvania State Reports. 
 
 Pa. L. G. Legal Gazette Reports (Camp- 
 bell's), Pennsylvania. 
 
 Pa. L. J. Pennsylvania Law Journal Re- 
 ports (Clark's) ; — Pennsylvania Law Jour- 
 nal, Philadelphia. 
 
 Pa. L. Rec. Pennsylvania Law Record, 
 Philadelphia. 
 
 Pa. St. Pennsylvania State Reports. 
 
 Pa. St. Tr. Pennsylvania State Trials (Ho- 
 gan's). 
 
 Pac. Pacific Report. 
 
 Page Contr. Page on Contracts. 
 
 Pai. Paine's United States Circuit Court 
 Reports;— Paige's New York Chancery 
 Reports. 
 
 Pai. Ch. Paise's New York Chancery Re- 
 ports. 
 
 Paine C. C. Paine's United States Circuit 
 Court Reports. 
 
 Pai. (or Palm.) Palmer's English King's 
 Bench Reports. 
 
 Paim. Palmer's English King's Bench Re- 
 ports. 
 
 Pand. The Pandects. 
 
 Papy. Papy's Rep. (5, 6 Florida). 
 
 Par. Parker's English Exchequer Reports. 
 
 Par. Adm. Parsons on the Law of Shipping 
 and Admiralty. 
 
 Par. Am. Law (or Comm.) Parson's Com- 
 mentaries on American Law. 
 
 Par. Bilis & N. Parsons on Notes and Bills. 
 
 Par. Cont. Parsons on Contracts. 
 
 Par. Dec. Parsons' Decisions, Massachu- 
 setts (see n. 7, p. 30). 
 
 Par. Eq. Cas. Parsons' Select Equity Cases, 
 Pennsylvania. 
 
 Park. Parker's New York Criminal Reports ; 
 — Parker's English EJxchequer Reports. 
 
 Park. Cr. Cas. Parker's New York Crimi- 
 nal Cases. 
 
 Park. Excii. Parker's English Exchequer 
 Reports. 
 
 Park. I^ev. Cas. Parker's English Exchequer 
 Reports (Revenue Cases). 
 
 Parker. Parker's English Exchequer Re- 
 ports; — Parker's New York Criminal Re- 
 ports; — Parker, N. H. Reports. 
 
 Pari. Cas. Parliamentary Cases (House of 
 Lords Reports). 
 
 Pars. Eq. Cas. Parsons' Select Equity 
 Cases, Pennsylvania. 
 
 Part. Las Siete Partidas (see Moreau). 
 
 Paschal. , Paschal's Reports (28-31 Texas). 
 
 Pat. Paton's Scotch Appeal Cases; — Pat- 
 erson's Scotch Appeal Cases. 
 
 Pat. App. Cas. Paton's Scotch Appeal 
 Cases (Cralgie, Stewart, & Paton) ; — 
 Paterson's Scotch Appeal Cases. 
 
 Pat. & Wiur. Paterson & Murray's reports. 
 New South Wales. 
 
 Fater. Paterson's Scotch Appeal Cases; — 
 Paterson's New South Wales Reports. 
 
 Paton. (Cralgie, Stewart, &) Paton's 
 Scotch Appeal Cases (see p. 133). 
 
 Patr. Eiect. Cas. — ^Patrick's Election Cases, 
 
 Upper Canada. 
 Patt. & H. Patton & Heath's Virginia Re- 
 ports. 
 Pea. Peake's English Nisi Prius Reports. 
 Peake Add. Cas. Peake's Additional Cases 
 (Vol. 2 of Peake). 
 
 Peake Ev. Peake on the Law of Evidence. 
 
 Peake N. P. Peake's English Nisi Prius 
 
 Cases. ' 
 
 Pears. Pearson's Reports, Pennsylvania. 
 
 Pearee C. C. Pearce's Reports, in Dearsly's 
 Crown Cases, English. 
 
 Peck. Peck's Tennessee Reports; — Peck's 
 Reports (11-30 Illinois); Peckwell's Eng- 
 lish Election Reports. 
 
 Peer© Wms. Peere Williams' Reports, 
 English Chancery. 
 
 Pen. Pennington's Reports, New Jersey. 
 
 Pen. & W. Penrose & Watts' Pennsylvania 
 Reports. 
 
 Penn. Pennsylvania State Reports; — Pen- 
 nypacker's Pennsylvania Reports; — Pen- 
 nington's New Jersey Reports;— ^Penrose 
 & Watts' Pennsylvania Reports. 
 
 Penn. Rep. Pennsylvania State Reports;— 
 Penrose & Watts' Penn. Reports. 
 
 Penn. St. (or St. R.) Pennsylvania State 
 Reports. 
 
 Penning. Pennington's New Jersey Re- 
 ports. 
 
 Penr. & W. Penrose & Watts' Pennsyl- 
 vania Reports. 
 
 Per. Tr. Perry on Trusts. 
 
 Per. & Dav. Perry & Davison's English. 
 King's Bench Reports. 
 
 Per. & Kn. Perry & Knapp's English Elec- 
 tion Reports. 
 
 Perk. Pr. Bk. Perkins' Profitable Book 
 (Conveyancing). 
 
 Perry. Sir Erskin© Perry's Reports, In 
 Morley's (East) Indian Digest; — Perry's 
 Oriental Cases. 
 
 Perry & Kn. Perry & Knapp's English 
 Election Cases. 
 
 Pet. Peters' United States Supreme Court 
 Reports; — Peters' United States Circuit 
 Court Reports; — Peters' Admiralty Re- 
 ports; — Peters' Prince Edward Island Re- 
 ports. 
 
 Pet. Adm. Peters' U. S District Court Re- 
 ports (Admiralty Decisions). 
 
 Pet. Br. Petit Brooke, or Brooke's New 
 Cases, English King's Bench. 
 
 Pet. C. C. Peters' United States Circuit 
 Court Reports. 
 
 Pet. Cond. Peters' Condensed Reports 
 United States Supreme Court. 
 
 Pet. S. C. Peters' United States Supreme 
 Court Reports. 
 
 Peters Adm. Peters' V. S. District Court 
 Reports (Admiralty Decisions). 
 
 Petersd. Abr. PetersdorfE's Abridgment. 
 
 Petit Br. Petit Brooke, or Brooke's New 
 Cases, English King's Bench. 
 
 Ph. Phillips' English Chancery Reports;— 
 Phillimore's English Ecclesiastical Re» 
 ports (see Phil.). 
 
 Ph. St. Tr. Philllpp's State Trials. 
 
TABLE OF ABBREVIATIONS 
 
 1121 
 
 Pheney Rep. Pheney's New Term Reports 
 (see n. 87, p. 100). 
 
 Phil. Phillips' English Chancery Reports; 
 — Phillips' North Carolina Reports; — 
 Phillips' English Election Cases;— Philli- 
 more's Ecclesiastical Reports. 
 
 Phil, Civ. & Can. Law. Phillimore's Civil 
 and Canon Law. 
 
 Phil, Cop. Phillips' Law of Copyright De- 
 signs. 
 
 Phil. Dom. Phillimore's Law of Domicil. 
 
 Phil. Ecc. Judg. Phillimore's Ecclesiastical 
 Judgments. 
 
 Phil. Ecc. Law. Phillimore's Ecclesiastical 
 Law. 
 
 Phil. Ecc. R. Phillimore's English Ecclesi- 
 astical Reports. 
 
 Phil. Eq. Phillips' North Carolina Equity 
 Reports. 
 
 Phil. Int. Law. Phillimore's International 
 Law. 
 
 Phil. Int. Rom. Law. Phillimore's Introduc- 
 tion to the Roman Law. 
 
 Phil. Law. Phillips' North Carolina Law 
 Reports. 
 
 Phil. N. 0. Phillips' North Carolina Law 
 Reports. 
 
 Phil. Rom. Law. Phillimore's Private Law 
 among the Romans. 
 
 Phil. St. Tr. Philllpp's State Trials. 
 
 Phila. Philadelphia Reports. 
 
 Phillips. Phillips' English Chancery Re- 
 ports; — Phillips' North Carolina Reports, 
 Law or Equity. 
 
 Pick. Pickering's Massachusetts Reports. 
 
 Pil<e. Pike's Reports (1-5 Arkansas). 
 
 Pin. (or Pinn.) Pinney's Wisconsin Re- 
 ports. 
 
 Piston. Piston's Mauritius Reports. 
 
 Pitc. Tr. Pitcairn's Criminal Trials, Scot- 
 land. 
 
 Pitts. L. J. Pittsburgh Legal Journal. 
 
 Pitts. Rep. Pittsburgh (Pennsylvania) Re- 
 ports. 
 
 PI. (or PI. Com.) Plowden's Commentaries 
 or Reports, English King's Bench, &c. 
 
 PI. C. Placita Coronse (Pleas of the 
 Crown). 
 
 PI. Par. Placita Parliamentaria. 
 
 Plac. Abbrev. Placitorum Abbreviatio. 
 
 Plac. Ang. Nor. Bigelow's Placita Anglo- 
 Normanica. 
 
 Plac. Gen. Placita Generalia. 
 
 Plow. Plowden's English King's Bench Re- 
 ports. 
 
 Pol. Cont. Pollock on Principles of Con- 
 tract at Law and Equity. 
 
 Pol. (or Pollex.) Pollexfen's Reports, Eng- 
 lish King's Bench, &c.;— Police. 
 
 Pol. Dig. Part. Pollock's Digest of the 
 Laws of Partnership. 
 
 Pollock & Maitl. Pollock and Maitland's 
 History of English Common Law. 
 
 Pom. Eq. Juris. Pomeroy's Equity Juris- 
 prudence. 
 
 Pop, (or Poph.) Popham's English King's 
 Bench Reports. 
 
 P6ph. (2). Cases at the end of Popham's 
 Reports. 
 
 Porter. Porter's Alabama Reports; — Por- 
 ter's Reports (3-7 Indiana). 
 
 Post. Post's Reports (23, 24 Michigan) ; — 
 Post's Reports (42-44 Missouri). 
 
 Poth. Cont. Pothier on Contracts. 
 
 Poth. Cont. Sale. Pothier on the Contract 
 of Sale. 
 
 Poth. Mar. Cont. Pothier's Treatise on 
 Maritime Contracts. 
 
 Poth. Ob. Pothier on the Law of Obliga- 
 tions. 
 
 Poth. CEuv. CEuvres de Pothier. 
 
 Poth. Part. Pothier on Partnership. 
 
 Poth. Proc. Civ. Pothier de la Procedure 
 Civile. 
 
 Pott. Corp. Potter on Corporations. 
 
 Pott. Dwarris. Potter's Edition of Dwarris 
 on Statutes. 
 
 Pr. Price's English Exchequer Reports; — 
 Principium (the beginning of a title, law. 
 Or section). 
 
 Pr. C. K. B. Practice Cases in the King's 
 Bench. 
 
 Pr. Ch. Precedents in Chancery, by Finch; 
 — Practice in the High Court of Chancery. 
 
 Pr. Dec. Printed Decisions (Sneed's Ken- 
 tucky Decisions). 
 
 Pr. Div. Probate Division, Law Reports; — 
 Pritchard's Divorce and Matrimonial 
 Cases. 
 
 Pr. Exch. Price's English Exchequer Re- 
 ports. 
 
 Pr. & Div. Probate and Divorce, English 
 Law Reports. 
 
 Pres. Conv. Preston's Conveyancing. 
 
 Pres. Est. Preston on Estates. 
 
 Pri. (or Price) Price's English Exchequer 
 Reports. 
 
 Prickett. Prickett's Reports (Idaho). 
 
 Prid. & C. Prideaux & Cole's Reports 
 (English), New Sessions Cases, Vol. 4. 
 
 Prin. Dec. Printed Decisions (Sneed's), 
 Kentucky. 
 
 Priv. Counc. App. Privy Council Appeals. 
 
 Prob. Div. Probate Division, English Law 
 Reports. 
 
 Prob. & Adm. Div. Probate and Admiralty 
 Division, Law Reports. 
 
 Prob. & Div. Probate and Divorce, English 
 Law Reports. 
 
 Prob. & IVIat. Probate and Matrimonial 
 Cases. 
 
 Pugs. Pugsley's Reports, New Brunswick. 
 
 Pugs. & Bur. Pugsley & Burbridge's Re- 
 ports, New Brunswick. 
 
 Pulsifer. Pulsifer's Reports (65-68 Maine). 
 
 Purd. Dig, Purdon's Digest of Pennsyl- 
 vania Laws. 
 
 Pyke. Pyke's Lower Canada King's Bench 
 Reports. 
 
 Q. Quadragesms (Year Books, Part IV.). 
 
 Q, B. Queen's Bench Reports (Adolphus & 
 Ejllis, New Series); — English Law Re- 
 ports, Queen's Bench; — Queen's Bench 
 Reports, Upper Canada; — Queen's Bench 
 Reports, Quebec. 
 
 Q. B. Div. Queen's Bench Division, English 
 Law Reports. 
 
1122 
 
 APPENDIX 
 
 Q. B. R. Queen's Bench Reports, by Adol- 
 phus & Ellis (New Series). 
 
 Q. B. U. C. Queen's Bench Reports, Upper 
 Canada. 
 
 Q. L. R. Quebec Law Reports. 
 
 Quadr. Quadragesms (Year Books, Part 
 IV.). 
 
 Quin. Quincy's Massachusetts Reports. 
 
 QuintI, Quinto. Year Book, 5 Henry V. 
 
 R. Rawle's Pennsylvania Reports; — Rettle, 
 Crawford, & Melville's (Fourth Series) 
 Scotch Session Cases. 
 
 R. C. L. Ruling Case Law. 
 
 R. I. Rhode Island Reports. 
 
 R. L. & S. Ridgeway, Lapp, & Schoales' 
 Irish King's Bench Reports. 
 
 R. L. & W. Robert, Learning, and Wallis' 
 English County Court Reports. 
 
 R. M. Ch. R. M. Charlton's Georgia Re- 
 ports. 
 
 R. t. F. (Reports temp.) Finch, English 
 Chancery. 
 
 R. t H. Reports temp. Hardwicke (Lee), 
 English King's Bench; — Reports temp- 
 Holt (Cases concerning Settlements). 
 
 R. t- Q. A. Reports temp. Queen Anne (11 
 Modern). 
 
 R. & M. Russell & Mylne's English Chan- 
 cery Reports; — Ryan & Moody's English 
 Nisi Prius Reports. 
 
 Ram F. Ram on Facts. 
 
 Rand. Randolph's Virginia Reports; — Ran- 
 dolph's Reports (21-24 Kansas); — Ran- 
 dolph's Reports (7-11 Louisiana Annual). 
 
 Raney. Raney's Reports (16 Florida). 
 
 Rawle. Rawle's Pennsylvania Reports; — 
 see also Raw., above. 
 
 Rawle Pen. & W. (Rawle) Penrose & 
 Watts' Pennsylvania Reports. 
 
 Raym^ Lord Raymond's English King's 
 Bench Reports. 
 
 Raym. Ld. Lord Raymond's English King's 
 Bench Reports. 
 
 Raym. Sir T. Sir Thomas Raymond's Eng- 
 lish King's Bench Reports. 
 
 Rec. Dec. Vaux's Recorder's Decisions, 
 Philadelphia. 
 
 Red. Redfield's New York Surrogate Re- 
 ports. 
 
 Red. Wills. Redfield on the Law of Wills. 
 
 Redf. Redfield's New York Surrogate Re- 
 ports;' — see also Red. 
 
 Redington. Redingtons' Reports (31-35 
 Maine). 
 
 Reeve Eng. Law. Reeve's History of the 
 English Law. 
 
 Rep. (1, 2, &c.) 1, 2, &c., Coke's English 
 King's Bench Reports. 
 
 Rep. Report, or Reports; — Repealed; — 
 Repertoire; — ^Wallace's "The Reporters"; 
 — The Reporter, Boston, Mass.; — The Re- 
 porter, Washington and New York. 
 
 Rep. Ass. Y. (Clayton's) Reports of Assises 
 at Yorke. 
 
 Rep. Cas. Eq. Gilbert's Chancery Reports. 
 
 Rep. Cas. Madr. Reports of Cases, De- 
 wanny Adawlut, ' Madras. 
 
 Rep. Cas. Pr. Reports of Cases of Practice 
 (Cooke's). 
 
 Rep. Ch. Reports in Chancery, English. 
 
 Rep. Ch. Pr. Reports on Chancery Prac- 
 tice. 
 
 Rep. Comi. Cas. Reports of Commercial 
 Cases, Bengal. 
 
 Rep. Const. Ct. Reports of the Constitu- 
 tional Court, South Carolina (Treadway, 
 Mill, or Harper). 
 
 Rep. Eq. Gilbert's English Reports in 
 Equity. 
 
 Rep. in Can. Reports in Chancery, English. 
 
 Rep. Jur. Repertorium Juridicum. 
 
 Rep. Q. A. Reports temp. Queen Anne (11 
 Modern). 
 
 Rep. Sel. Cas. Ch. Kelynge's (W.) Reports, 
 English Chancery. 
 
 Rep. t. Finch. (Reports temp.) Finch, Eng- 
 lish Chancery. 
 
 Rep. t. Hard. Lee's Reports temp. Hard- 
 wicke, English King's Bench. 
 
 Rep. t. Holt. Reports temp. Holt (English 
 Cases of Settlement). 
 
 Rep. t. O. Br. Carter's English Common 
 Pleas Reports temp. O. Bridgman. 
 
 Rep. t- Q. A. Reports temp. Queen Anne (11 
 Modern Reports). 
 
 Rep. t. Talb. Reports temp. Talbot, Eng- 
 lish Chancery. 
 
 Rep. Yorke Ass. Reports of Assises at 
 Yorke (Clayton's Reports). 
 
 Reports. Coke's ETnglish King's Bench Re- 
 ports. 
 
 Rettie. Rettle, Crawford, & Melville's 
 Scotch Session Cases (4th series). 
 
 Reynolds. Reynolds' Reports (40, 41 Mis- 
 sissippi) . 
 
 Rice. Rice's South Carolina Law Reports. 
 
 Rice Eq. (or Ch.) Rice's South Carolina 
 Equity Reports. 
 
 Rich. Richardson's South Carolina Law 
 Reports; — Richardson's Reports (3-5 New 
 Hampshire) . 
 
 Rich. Ch. (or Eq.) Richardson's South 
 Carolina Equity Reports. 
 
 Rich. Eq. (or Ch.) Cas. Richardson's South 
 Carolina Equity Cases. 
 
 Rich. N. S. Richardson's Reports, South 
 Carolina, New Series. 
 
 Rich. & W. Richardson & Woodbury's Re- 
 ports (2 New Hampshire). 
 
 Ridg. (or Ridg. t. Hard., or Ridg. Cas., pr 
 Ridg, & Hard.) Ridgeway's Reports 
 temp. Hardwicke, Chancery and K. B. 
 
 Ridg. Ap. (or P. C.) Ridgeway's Irish Ap- 
 peal (or Parliamentary) Cases. 
 
 Ridg. L. & S. Ridgeway, Lapp, & Schoales' 
 Irish Term Reports. 
 
 Ridg. Rep. (or St. Tr.) Ridgeway's (Indi- 
 vidual) Reports of State Trials in Ireland. 
 
 Ril. (or Riiey). Riley's South Carolina Law 
 Reports. 
 
 Ril. (or Riley) Eq. (or Ch.) Riley's South 
 Carolina Chancery Reports. 
 
 Rob. Robinson's Virginia Reports; — Rob- 
 inson's Louisiana Reports; — Robertson's 
 New York Superior Court Reports; — 
 Robertson's English Ecclesiastical Re- 
 ports; — Chr. Robinson's English Admir- 
 alty Reports; — W. Robinson's English 
 Admiralty Reports; — Robinson's Scotch 
 Appeal Cases; — Robertson's Scotch Ap- 
 
TABLE OF ABBREVIA'i'IONS 
 
 1123 
 
 peal Cases; — Robinson's Reports (38 Cali- 
 fornia) ; — Robinson's Reports (1-4 Louisi- 
 ana Annual) ; — Roberts' Reports (29-31 
 Louisiana Annual) ; — Robards' Reports 
 (12, 13 Missouri) ; — Roljards' Conscript 
 Cases, Texas; — Chr. Robinson's Upper 
 Canada Reports; — J. L. Robinson's Upper 
 Canada Reports; — Robertson's Reports (1 
 Hawaiian). 
 Rob. App. Robinson's Scotch Appeal Cases. 
 Rob. Cas. Robertson's Scotch Appeal Cases. 
 Rob. Chr. Chr. Robinson's EInglish Admir- 
 alty Reports. 
 Rob. Consc. Cas. Robards' Conscript Cases, 
 
 Texas (see n. 1, p. 58). 
 Rob. Jun. William Robinson's English Ad- 
 miralty Reports. 
 Rob. L. & W. Roberts, Leamlng, & Wallis' 
 
 County Court Reports. 
 Rob. La. Robinson's Louisiana Reports. 
 Rob. S. I. Robertson's Sandwich Islands 
 
 (Hawaiian) Reports. 
 Rob. Sc. App. Robinson's Scotch Appeals, 
 
 English House of Lords. 
 Rob. Sr. Ct. Robertson's New York Su- 
 ■ perior Court Reports. 
 Rob. U. C. Rohinson's Reports, Upper Can- 
 ada. 
 Rob. Va. Robinson's Virginia Reports. 
 Rob. Wm. Adm. Wm. Robinson's English 
 
 Admiralty Reports. 
 Robards. Robards' Reports (1, 2, and 13 
 Missouri) ; — Robards' Texas Conscript 
 Cases. 
 Robards & Jackson. Robards and Jack- 
 son's Reports (26, 27 Texas). 
 Robb Pat. Cas. Robb's United States Pat- 
 ent Cases. 
 Roberts. Roberts' Reports (29-31 Louisiana 
 
 Annual) . 
 Roberts Emp. Liab. Roberts on Federal 
 
 Liabilities of Carriers. 
 Robertson. Robertson's Scotch Appeal 
 Cases;— Robertson's New York Superior 
 Court Reports; — Robertson's New York 
 Marine Court Reports;— Robertson's Eng- 
 lish Ecclesiastical Reports;— Robertson's 
 Hawaiian Reports; — see also Rob., abore. 
 Robin. App. Robinson's Scottish Appeal 
 
 Robinson. Chr. Robinson's English Admir- 
 alty Reports;— W. Robinson's English 
 Admiralty Reports;— Robinson's Virginia 
 Reports; — Robinson's Louisiana Reports; 
 — Robinson's Scotch Appeal Cases;— 
 Robinson's Reports (38 California);— 
 Chr. Robinson's Reports, Upper Canada; 
 —J. L. Robinson's Reports, Upper Canada. 
 
 Rodman. Rodman's Reports (78 Kentucky). 
 
 Rolle. RoUe's English King's Bench Re- 
 ports. ^ ^ ^, 
 
 Rolle Abr. Rolle's Abridgment of the 
 Common Law. 
 
 Rolls Ct. Rep. Rolls Court Reports. 
 
 Root. Root's Connecticut Reports. 
 
 Rose (or Rose B. C.) Rose's Reports, Eng- 
 lish Bankruptcy. 
 
 Rot. Cur. Reg. Rotuli Curiae Regis. 
 
 Rot. Flor. Rotae Florentinae (Reports of the 
 Supreme Court, or Rota, of Florence). 
 
 Rot. Pari. Rotulae Parliamentariae. 
 Rot. Pat. Rotuli Patentes (Patent Rolls). 
 Rot. Plac. Rotulus Placitorum (the Plea 
 
 Roll). 
 Rowell. Rowell's Reports (45-52 Vermont). 
 Ruff, (or Ruff. & H.) Ruffln's (& Hawks') 
 
 North Carolina Reports (see n. 11, p. 47). 
 Runnell. Runnell's Reports (38, 39 Iowa). 
 Russ. (. Eld. Russell's English Chancery 
 
 Reports temp. Eldon. 
 Russ. & Ches. Russell & Chesley's Re- 
 ports, Nova Scotia. 
 Russ. & Ches. Eq. Russell & Chesley's 
 
 Equity Reports, Nova Scotia. 
 Russ. & Geld. Russell & Geldert's Reports, 
 
 Nova Scotia. 
 Russ. & M. Russell & Myhie's English 
 
 Chancery Reports. 
 Russ. & Ry. Russell & Ryan's English 
 
 Crown Cases Reserved. 
 
 S. Shaw, Dunlop, & Bell's Scotch Court of 
 Session Reports (1st Series) ;— Shaw's 
 Appeal Cases, House of Lords, Scotland. 
 
 S. A. L. R. South Australian Law Reports. 
 
 S. App. Shaw's Scotch House of Lords 
 (Appeal) Cases. 
 
 S. C. South Carolina Reports, New Series. 
 
 S. C. R. South Carolina Reports, New 
 Series;— Harper's South Carolina Re- 
 ports. 
 
 S. Car. South Carolina Reports, New 
 Series. 
 
 S. D. South Dakota. 
 
 S. D. A. Sudder Dewanny Adawlut Reports, 
 India. 
 
 S. D. & B. Shaw, Dunlop, & Bell's Scotch 
 Court of Session Reports (1st Series). 
 
 S. D, & B. Sup. Shaw, Dunlop, & Bell's 
 Supplement, containing House of Lords 
 Decisions. 
 
 8. E. Southeastern Reporter. 
 
 S. F. A. Sudder Foujdaree Adawlut Re- 
 ports, India. 
 
 S. L. C. App. Stuart's Lower Canada Ap- 
 peal Cases. 
 
 S. V. A. R. Stuart's Vice-Admiralty Re- 
 ports, Quebec. 
 
 S. W. Southwestern Reporter. 
 
 S. & B. Smith & Batty's Irish King's 
 Bench Reports. 
 
 S. & C. Saunders & Cole's English Bail 
 Court Reports. 
 
 S. & D. Shaw, Dunlop, & Bell's Scotch 
 Court of Session Reports (1st Series). 
 
 S. & L. Schoales & Lefroy's Irish Chan- 
 cery Reports. 
 
 8. & M. Shaw & Maclean's Appeal Cases, 
 House of Lords; — Smedes & Marshall's 
 Mississippi Reports. 
 
 8. & IVI. Chy. Smedes & Marshall's Missis- 
 sippi Chancery Reports. 
 
 8. & R. Sergeant & Rawle's Pennsylvania 
 Reports. 
 
 S. & R. Neg. Shearman & Redfield on the 
 Law of Negligence. 
 
 8. & S. Sausse & Scully's Irish Rolls Court 
 Reports;— Simons & Stuart, English Vice- 
 Chancellors' Reports. 
 
1124 
 
 APPENDIX 
 
 8. & 8m. Searle & Smith's Bngllsh Probate 
 and Divorce Reports. 
 
 8. & T. Swabey & Tristram's English Pro- 
 bate and Divorce Reports. 
 
 Salk. Salkeld's English King's Bench Re- 
 ports. 
 
 Sand. Sandford's New York Superior Court 
 Reports. 
 
 Sand. Chy. Sandford's New York Chancery 
 Reports. 
 
 Sand. I. Rep. Sandwich Island (Hawaiian) 
 Reports. 
 
 Sandf. Sandford's New York Superior 
 Court Reports; — Sandford's Reports (59 
 Alabama). 
 
 Sandf. Ch. Sandford's New York Chancery- 
 Reports. 
 
 Sau. & Sc. Sausse & Scully's Irish Rolls 
 Court Reports. 
 
 Saund. Saunders' English King's Bench 
 Reports. 
 
 Saund. & C. Saunders & Cole's English 
 Bail Court Reports. 
 
 Saund. & Mac. Saunders & Macrae's Eng- 
 lish County Court Cases. 
 
 Sausse & Sc. Sausse & Scully's Irish Rolls 
 Court Reports. 
 
 Sav. Savile's English Common Pleas Re- 
 ports. 
 
 Saw. (or Sawy.) Sawyer's United States 
 Circuit Court Reports. 
 
 Sax (or Saxt.) Saxton's New Jersey Chan- 
 cery Reports. 
 
 Say. Sayer's English King's Bench Re- 
 ports. 
 
 Sc. Scott's Reports, English Common 
 Pleas; — Scammon's Illinois Reports. 
 
 Sc. Sess. Cas. Scotch Court of Session 
 Cases. 
 
 Sc. & Div. App. Scotch and Divorce Ap- 
 peals (Law Reports). 
 
 Scam. Scammon's Reports (2-5 Illinois). 
 
 Sch. Bailm. Schouler on Bailment. 
 
 Sch. Dom. Rel. Schouler on Domestic Re- 
 lations. 
 
 Sch. H. & W. Schouler on Husband and 
 Wife. 
 
 Sch. Per. Prop. Schouler on the Law of 
 Personal Property. 
 
 Sch. & Lef. Schoales & Lefroy's Irish 
 Chancery Reports. 
 
 Schalk. Schalk's Jamaica Reports. 
 
 Schoul. Schouler (see Sch.). 
 
 Sco. Scott's English Common Pleas Re- 
 ports. 
 
 Sco. N. R. Scott's New Reports, English 
 Common Pleas. 
 
 Scrib. Dow. Scribner on the Law of Dower. 
 
 Searle Sm. Searle & Smith's English Pro- 
 bate and Divorce Reports. 
 
 Seed. pt. Edw. III. Part 3 of the Year 
 Books. 
 
 Seed. pt. H. VI. Part 8 of the Year Books. 
 
 Sedg. Dam. Sedgwick on the Measure of 
 Damage. 
 
 Sedg. L. Cas. Sedgwick's Leading Cases on 
 Damages. 
 
 Seign. Rep. Seigniorial Reports, Lower 
 Canada.' 
 
 Sel. Cas. Ch. Select Cases in Chancery 
 (Part 3 of Cases in Chancery). 
 
 Sel. Cas. D. A. Select Cases (Sudder), De- 
 wanny Adawlut, India. 
 
 Sel. Cas. Ev. Select Cases in Evidence 
 (Strange). 
 
 Sel. Cas. N. F. Select Cases, Newfound- 
 land. 
 
 Sel. Cas. N. W. P. Selected Cases, North- 
 west Provinces, India. 
 
 Sel. Cas. N. Y. Yates' Select Cases, New 
 York. 
 
 Sel. Cas. t. Br. (Cooper's) Select Cases 
 temp. Brougham. 
 
 Sel. Cas. t. King. Select Cases in Chancery 
 temp. King. 
 
 Sel. Cas. t. Nap. (Drury's) Select Cases 
 temp. Napier, Irish Chancery. 
 
 Sel. Cas. with Opin. Select Cases with 
 Opinions, by a Solicitor. 
 
 Sel. Dec. Bomb. Selected Decisions, Sudder 
 Dewanny Adawlut, Bombay. 
 
 Sel. Dec. Madr. Select Decrees, Sudr 
 Udawlut, Madras. 
 
 Sel. N. P. Selwyn's Law of Nisi Prius. 
 
 Seld. Selden's Reports (5-10 New York 
 Court of Appeals). 
 
 Selw. & Barn. The First part of Bamewall 
 & Alderson's English K. B. Reports. 
 
 Serg. & Lowb. Rep. English Common Law 
 Reports, American reprint edited by 
 Sergeant & Lowber. 
 
 Serg. & Raw. Sergeant & Rawle's Pennsyl- 
 vania Reports. 
 
 Sess. Cas. Sessions Cases (English King's 
 Bench Reports) ;— Scotch Court of Ses- 
 sion Cases. 
 
 Sett, (or Sett. & Rem.) Cas. English Set- 
 tlement and Removal Cases (Burrow's 
 Settlement Cases). 
 
 Sev. H. C. Sevestre's High Court Reports, 
 Bengal. 
 
 Sev. S. D. A. Sevestre's Sudder Dewanny 
 Adawlut Reports, Bengal. 
 
 Sh. Shower's English Parliamentary Cases; 
 —Shower's English King's Bench Re- 
 ports;— Shepley's Reports (13-18 and 21- 
 30 Maine); — Shaw's Scotch Appeal Cases; 
 —Shaw, &,o-., First Series Scotch Court 
 of Session Cases; — Shaw's Scotch Jus- 
 ticiary Cases; — Shaw's Scotch Teind 
 Court Reports;— G. B. Shaw's Reports 
 (10-11 Vermont);— W. G. Shaw's Reports 
 (30-35 Vermont) ;— Shirley's Reports (49- 
 55 New Hampshire) ;— Sheldon's Buffalo 
 (N. Y.) Superior Court Reports;— Shep- 
 herd's Reports (19-21, 24-41, 49-51, 60, 63, 
 64 Alabama) ;—Shipp's Reports (66, 67 
 North Carolina);— Shand's Reports (11- 
 14 South Carolina) ;—Shadforth's Re- 
 served Judgments, Victoria. 
 
 Sh. App. Shaw's Scotch Appeal Cases. 
 
 Sh. Crim. Cas. Shaw's Criminal Cases 
 (Justiciary Court). 
 
 Sh. Jus. Shaw's Justiciary Cases, Scotland. 
 
 Sh. W. & C. Shaw, Wilson, & Courtenay's 
 Scotch Appeals Reports (Wilson & 
 Shaw's Reports). 
 
 Sh. & Dun I. Shaw & Dunlop's Scotch 
 Court of Session Reports (1st series). 
 
TABLE OF ABBREVIATIONS 
 
 1125 
 
 Sh. & Mad. Shaw & Maclean's Scotch Ap- 
 peal Cases. 
 
 Shand. Shand's Reports (11-14 South Caro- 
 lina, N. S.). 
 
 Shars. Black. Sharswood'a edition of 
 Blackstone's Commentaries. 
 
 Shars. Comm, L. Sharswood's Commercial 
 Law. 
 
 Shars. Law Lee. Sharswood's Lectures on 
 the Profession of the Law. 
 
 Shars. Leg. Eth. Sharswood's Legal Ethics. 
 
 Shaw. Shaw, Scotch Appeal Cases; — Shaw, 
 &c., 1st Series Scotch Court of Session 
 Cases; — Shaw's Scotch Justiciary Cases; 
 — Shaw's Scotch Teind Reports; — G. B. 
 Shaw's Reports (10, 11 Vermont) ;— W. 
 G. Shaw's Reports (30-35 Vermont). 
 
 Shaw Dec. Shaw's (&c.) Decisions in the 
 Scotch Court of Session (1st series). 
 
 Shaw, Dunl. & B. Shaw, Dunlop, & Bell's 
 (1st Series) Scotch Session Cases. 
 
 Shaw (G. B.) G. B. Shaw's Reports (10, 11 
 Vermont). 
 
 Shaw H. L. Shaw's Scotch Appeal Cases, 
 House of Lords. 
 
 Shaw Ju®. Shaw's (John) Scotch Justiciary 
 Cases. 
 
 Shaw T. Cas. Shaw's Scotch Teind Cases. 
 
 Shaw (W. G.) W. G. Shaw's Reports (30- 
 35 Vermont). 
 
 Shearm. & Red. Neg. Shearman & Redfield 
 on Negligence. 
 
 Sheld. Sheldon's Reports, Superior Court 
 of Buffalo, N. Y. 
 
 Shep. Shepley's Reports (13-18 and 21-30 
 Maine) ;— Shepherd's Reports (19-21, 24- 
 41, 60, 63, 64 Alabama). 
 
 Shepherd. Shepherd's Reports (19-21, 24-41, 
 60, 63, 64 Alabama). 
 
 Shepley. Shepley's Reports (13-18 and 21- 
 30 Maine). 
 
 Shipp. Shipp's Reports (66, 67 North Caro- 
 lina). 
 
 Shirley. Shirley's Reports (49-55 New 
 Hampshire). 
 
 Show. Shower's Parliamentary Cases; — 
 Shower's K. B. Reports. 
 
 Show. K. B. Shower's English King's 
 Bench Reports. 
 
 Show. P. C. Shower's English Parliamen- 
 tary Cases. 
 
 Sick. Sickles' Reports (46-85 New York 
 Court of Appeals). 
 
 Sid. Siderfln's English King's Bench Re- 
 ports 
 
 Sim. Simons' English Vice-Chancery Re- 
 ports. 
 
 Sim. N. S. Simons' English Vice-Chancery 
 Reports, New Series. 
 
 Sim. & Stu. (or Sim. & S.) Simons & 
 Stuart's English Vice-Chancery Reports. 
 
 Sinclair. Sinclair's Manuscript Decisions, 
 Scotch Session Cases. 
 
 Skin. Skinner's English King's Bench Re- 
 ports. 
 
 Skinker. Skinker's Reports (65-72 Mis- 
 souri). 
 
 Slade. Slade's Reports (15 Vermont). 
 
 Sm. & Bat. Smith & Batty's Irish King's 
 Bench Reports. 
 
 Sm. & G. Smale & Giffard's English Vice- 
 Chancery Reports. 
 
 Sm. & M. Smedes & Marshall's Mississippi 
 Reports. 
 
 Sm. & M. Ch. Smedes & Marshall's Mis- 
 sissippi Chancery Reports. 
 
 Sma. &. Giff. Smale & Giffard's English 
 Vice-Chancellors' Reports. 
 
 Smed. & M. Smedes & Marshall's Missis- 
 sippi Reports. 
 
 Smed. & M. Ch. Smedes & Marshall's Mis- 
 sissippi Chancery Reports. 
 
 Smi. & Bat. Smith & Batty's Irish King's 
 Bench Reports. 
 
 Smith. Smith's New Hampshire Reports; 
 — J. P. Smith's English King's Bench Re- 
 ports; — P. F. Smith's Pennsylvania State 
 Reports; — B. P. Smith's Reports (15-27 
 New York Court of Appeals); — B. D. 
 Smith's New York Common Pleas Re- 
 ports; — Smith's Reports (54, 55 Cali- 
 fornia); — Smith's Reports, Indiana; — 
 Smith's Reports (61-64 Maine) ;— Smith's 
 Reports (1-11 Wisconsin); — Smith's vol- 
 ume of Heiskell's Tennessee Reports; — 
 see also Sm. 
 
 Smith C. P. (or E. D.) E. D. Smith's Com- 
 mon Pleas Reports, New York. 
 
 Smith, E. P. (or Ct. App.) E. P. Smith's 
 Reports (15-27 New York Court of Ap- 
 peals). 
 
 Smith Ind. Smith's Indiana Reports. 
 
 Smith, J. P. J. P. Smith's English King's 
 Bench Reports. 
 
 Smith Lead. Cas. Smith's Leading Cases. 
 
 Smith Me. Smith's Reports (61-64 Maine). 
 
 Smith N. H. Smith's New Hampshire Re- 
 ports. 
 
 Smith N. Y. Smith's Reports (15-27 New 
 York Court of Appeals). 
 
 Smith, P. F. (or Pa.) P. F. Smith's Penn- 
 sylvania State Reports. 
 
 Smith Wis. Smith's Reports (1-11 "Wiscon- 
 sin). 
 
 Smith & B. R. R. C. Smith & Bates' Amer- 
 ican Railway Cases. 
 
 Smith & Bat. Smith & Batty's Irish King's 
 Bench Reports. 
 
 Smoult. Notes of Cases in Smoult's Collec- 
 tion of Orders, Calcutta. 
 
 Smy. Smythe's Irish Common Pleas Re- 
 ports. 
 
 Sneed. Sneed's Tennessee Reports; — 
 Sneed's Kentucky Decisions. 
 
 Sneed Dec. Sneed's Kentucky Decisions. 
 
 So. Southern Reporter. 
 
 So. Aus. L. R. South Australia Law Re- 
 ports. 
 
 So. Car. South Carolina; — South Carolina 
 Reports. 
 
 So. Car. Const. South Carolina Constitu- 
 tional Reports (by Treadway, by Mill, or 
 by Harper). 
 
 South Aus. L. R. South Australia Law Re- 
 ports. 
 
 Southard. Southard's New Jersey Reports. 
 
 Sp. Spinks' English Ecclesiastical and Ad- 
 miralty Reports; — Spear's South Carolina 
 Law Reports. 
 
1126 
 
 APPEJNDIX 
 
 Sp. Eq. (or Ch.) Spear's South Carolina 
 Equity Reports. 
 
 Sp. Glos. Spelman's Glossary. 
 
 Sp. Laws. Spirit of the Laws, Montesquieu. 
 
 Sp. Pr. Cas. Spinks' Prize Cases. 
 
 Sparks. Sparks' Reports, British Burmah. 
 
 Spaufding. Spaulding's Reports (71-73 
 Maine). 
 
 Spear (or Speer) Spear's (or Speer's) 
 South Carolina Law Reports. 
 
 Spear (or Speer) Eq. Spear's (or Speer's) 
 South Carolina Equity Reports. 
 
 Spel. Feuds. Spelman on Feuds. 
 
 Spel. Gl. Spelman's Glossary. 
 
 Spel. L. T. Spelman's Law Tracts. 
 
 Spel. Rep. Spelman's Reports, Manuscript 
 English King's Bench. 
 
 Spencer. Spencer's New Jersey Reports; — 
 Spencer's Reports (10-20 Minnesota). 
 
 Spinks. Spinks' English Ecclesiastical and 
 Admiralty Reports. 
 
 Spinks P. C. Spinks' English Prize Cases. 
 
 Spooner. Spooner's Reports (12-15 Wiscon- 
 sin). 
 
 Spottis. Sir R. Spottiswoode's Reports, 
 Scotch Court of Session. 
 
 Spottis. C. L. & Eq. Rep. Common Law & 
 Equity Reports, published by SpottiS" 
 woode. 
 
 Spr. Sprague's United States District 
 Court (Admiralty) Decisions. 
 
 St. Story's United States Circuit Court Re- 
 ports (see Sto.) ; — ^Stair's Scotch Court of 
 Session Reports; — Stuart (Milne & Ped- 
 dle), Scotch Session Cases. 
 
 St. M. & P. Stuart, Milne, & Peddie's 
 Scotch Session Cases. 
 
 St. Tr. The State Trials (English). 
 
 Stair. Stair's Reports, Scotch Court of 
 Sessions. 
 
 Stanton. Stanton's Reports (11-13 Ohio). 
 
 Star. Starkie's English Nisi Prius Reports; 
 — see also Stark. 
 
 Stark. Starkie's English Nisi Prlus Re- 
 ports. 
 
 Stark. C. L. Startle's Criminal I^aw. 
 
 Stark. Cr. PI. Starkie's Criminal Pleading. 
 
 Stark. Ev. Starkie on Evidence. 
 
 Stark. Jury Tr. Starkie on Trial by Jury. 
 
 Stark. Lib. Starkie on Libel. 
 
 Stark. N. P. Starkie's English Nisi Prius 
 Reports. 
 
 Stark. SI. & L. Starkie on Slander & Libel. 
 
 Stat. Glo. Statute of Gloucester. 
 
 Stat. IVIarl. Statute of Marlbridge. 
 
 Stat. Mert. Statute of Merton. 
 
 Stat. Mod. Lev. Fin. Statute Modus Levan- 
 di Fioaes. 
 
 Stat. Westm. Statute of Westminster. 
 
 Stat. Winch. Statute of Winchester. 
 
 State Tr. The State Trials, English. 
 
 Steph. Com. Stephen's Commentaries on 
 the Laws of England. 
 
 Steph. Const. Stephens ou the English 
 Constitution. 
 
 Steph. Cr. L. Stephen's General View of 
 the Criminal Law. 
 
 Steph. big. Stephen's Digest, New Bruns- 
 wick Reports. 
 
 Steph. Dig. Cr. L. Stephen's Digest of the 
 Criminal Law. 
 
 Steph. Dig. Ev. Stephen's Digest of the 
 Law of Evidence. 
 
 Steph. N. P. Stephen's Law of Nisi Pruis. 
 
 ■Steph. PI. Stephen on Pleading. 
 
 Stew. Stewart's Alabama Reports; — Stew- 
 art's N. J. Equity Reports. 
 
 Stew. Adm. (or V. A.) Stewart's Vice-Ad- 
 miralty Reports, Nova Scotia. 
 
 Stew. Eq. Stewart's Reports (28-33 New 
 Jersey Equity). 
 
 Stew. & P. Stewart & Porter's Alabama 
 Reports. 
 
 Stiles. Stiles' Reports (22-29 Iowa). 
 
 Sto. Story's United States Circuit Court 
 Reports. 
 
 Sto. Ag, Story on Agency. 
 
 Sto. Bailm. Story on Bailment. 
 
 Sto. Bills. Story on Bills. 
 
 Sto. C. C. Story's United States Circuit 
 Court Reports. 
 
 Sto. Co mm. Story's Commentaries. 
 
 Sto. Con. Story on Contracts. 
 
 Sto. Conf. Law. Story on Conflict of Laws. 
 
 Sto. Const. Story on the United States 
 Constitution. 
 
 Sto. Const. CI. B. Story's Constitutional 
 Class Book. 
 
 Sto. Cont. Story on Contracts. 
 
 Sto. Eq. Jur. Story on Equity Jurispru- 
 dence. 
 
 Sto. Eq. PI. Story on Equity Pleadings. 
 
 Sto. Part. Story on Partnership. 
 
 Sto. PI. Story's Civil Pleading. 
 
 Sto. Sales. Story on Sales of Personal 
 Property. 
 
 Stock. Stockton's New Jersey Equity Re- 
 ports. 
 
 Stockett. Stockett's Reports (27-53 Mary- 
 land). 
 
 Stockt. Ch. Stockton's New Jersey Chan- 
 cery Reports. 
 
 Str. Strange's English King's Bench Re- 
 ports. 
 
 Stra. Cas. Ev. (or Str. 8vo.) Strange's Cases 
 of Evidence ("Octavo Strange"). 
 
 Stra. Strange (see Str.). 
 
 Strlngfellow. Stringfellow's Reports (9-11 
 Missouri). 
 
 Strob. Strobhart's South Carolina Law Re- 
 ports. 
 
 Strob. Eq. (or Ch.) Strobhart's South 
 Carolina Equity Reports. 
 
 Stu. Adm. (or V. A.) Stuart's Vice-Admir- 
 alty Reports, Lower Canada. 
 
 Stu. Ap. Stuart's Appeal Cases (Lower 
 Canada King's Bench Reports). 
 
 Stu. K. B. (or L. C.) Stuart's Lower Can- 
 ada Reports. 
 
 Stu. Mil. & Ped. Stuart, Milne, & Peddie's 
 Scotch Court of Session Reports. 
 
 Stuart. Stuart's Lower Canada Reports; — 
 Stuart's Vice- Admiralty Reports; — Stuart, 
 Milne, & Peddie's Scotch Session Cases. 
 
 Sty. Style's English King's Bench Reports. 
 
 Sug. Est. Sugden on the Law of Estates. 
 
 SuS, Hd. Bk. Sugden's Hand-Book of Prop- 
 erty Law; 
 
 Sug. Pow« Sugden on Powers. 
 
TABLE OF ABBREVIATIONS 
 
 1127 
 
 Sug. Pr. Sugden on the Law of Property. 
 
 Sug. Pr. St. Sugden on Property Statutes. 
 
 Sug. Vend. Sugden on Vendors and Pur- 
 .chasers. 
 
 Sugd. Sugden (see Siig.). 
 
 Sum. Sumner's United States Circuit Court 
 Reports. 
 
 Sumn. Sumner's United States Circuit 
 Court Reports. 
 
 Sumn. Ves. (or Sum. Ves.) Sumner's edi- 
 tion of Vesey's Reports. 
 
 Sup. Ct. Supreme Court Reporter. 
 
 Supp. Ves. Juh. Supplement to Vesey, Jr.'s, 
 Reports. 
 
 Suth. Sutherland's Reports. 
 
 Suth. Dam. Sutherland's Damages. 
 
 Suth. F. B. R. Sutherland's Full Bench 
 Rulings, Bengal. 
 
 Suth. P. C. J. (or A.) Sutherland's Privy 
 Council Judgments (or Appeals). 
 
 Suth. Stat. Const. Sutherland's Statutory 
 Construction. 
 
 Sw. Swanston's English Chancery Reports ; 
 — Swabey's English Admiralty Reports; 
 — Sweeney's New York Superior Court 
 Reports; — Swan's Tennessee Reports; — 
 Swinton's Scotch Justiciary Cases. 
 ■^ Sw. (or Swab.) & Tr. Swabey & Tris- 
 tram's English Probate and Divorce Re- 
 ports. " 
 
 Swab. Swabey's English Admiralty Re- 
 ports. 
 
 Swan. Swan's Tennessee Reports ; — Swans- 
 ton's English Chancery Reports. 
 
 Swan. Ch. Swanston's English Chancery 
 Reports. 
 
 Swans, (or Swanst.) Swanston's English 
 Chancery Reports. 
 
 Sween. Sweeney's New York Superior 
 Court Reports. 
 
 T. B. Men. T. B. Monroe's Kentucky Re- 
 ports. 
 
 T. Jones (or 2 Jones) T. Jones' English 
 King's Bench Reports. 
 
 T. Li Termes de la Ley. 
 
 T. R. Term Reports (Durnford & East); — 
 Teste Rege. 
 
 T. R. N. S. Term Reports New Series 
 (East's Reports). 
 
 T. R. (N. Y.) Caines' (Term) Reports, New 
 York. 
 
 T. Raym. Sir T. Raymond's English King's 
 Bench Reports. 
 
 T. U. P. Charlt. T. U. P. Charlton's Reports, 
 Georgia. 
 
 T. & C. Thompson & Cook's New York Su- 
 preme Court Reports. 
 
 T. & G. Tyrwhitt & Granger's English Ex- 
 chequer Reports. 
 
 T. & M. Temple & Mew's Crown Cases, 
 English. 
 
 T. & P. Turner & Phillips' Reports, Eng- 
 lish Chancery. 
 
 T. & R. Turner & Russell's English Chan- 
 cery Reports. i 
 
 Tal. (or Talb.) Cases tempore Talbot, Eng- 
 lisli CliRiicGry. 
 
 Tan. Taney's United States Circuit Court 
 Reports. 
 
 Tanner. Tanner's Reports (8-14 Indiana). 
 
 Tap. Tappan's Ohio Reports. 
 
 Taun. (or Taunt.) Taunton's English Com- 
 mon Pleas Reports. 
 
 Tay. (J. L.) J. L. Taylor's North Carolina 
 Reports. 
 
 Tay. L. & T. Taylor's Landlord and Ten- 
 ant. 
 
 Tay. N. C. Taylor's North Carolina Re- 
 ports. 
 
 Tay. U. C. Taylor's Upper Canada Reports. 
 
 Tay. & B. Taylor & Bell's Bengal Reports. 
 
 Taylor. Taylor's North Carolina Reports; 
 — Taylor's Upper Canada Reports; — Tay- 
 lor's Bengal Reports. 
 
 Temp. Geo. II. Cases in Chancery tempore 
 George II. 
 
 Temp. & M. Temple & Mew's English 
 Crown Cases. 
 
 Tenn. Tennessee Reports (Ovprton's). 
 
 Tenn. Ch. Cooper's Tennessee Chancery 
 Reports. 
 
 Term. Term Reports, King's Bench (Durn- 
 ford & East's Reports). 
 
 Term N. C. Term Reports, North Carolina, 
 by Taylor. 
 
 Term, de la L. Les Termes de la Ley. 
 
 Terp. Terrell's Reports (52 Texas). 
 
 Terr. & Walk. Terrell & Walker's Reports 
 (38-51 Texas). 
 
 Tex. Texas Reports. 
 
 Tex. App. Texas Court of Appeals Reports 
 
 Tex. Civ. App. Texas Court of Civil Ap- 
 peals. 
 
 Tex. Cr. Texas Criminal Court. 
 
 Tex. Cr. App. Texas Criminal Court of Ap- 
 peals. 
 
 Tex. Supp. Texas Supplement. 
 
 Th. & C. Thompson & Cook's New York 
 Supreme Court Reports. 
 
 Theo. Wills. Theobald on Wills. 
 
 Thes. Brev. Thesaurus Brevium. 
 
 Thom. Thomson's Reports, Nova Scotia. 
 
 Thorn. Dec. 1 Thomson, Nova Scotia Re- 
 ports. 
 
 Thom. Rep. 2 Thomson, Nova Scotia Re- 
 ports. 
 
 rhom. & Fr. Thomas & Franklin's Re- 
 ports (1 Maryland Chancery). 
 
 Thomas. Thomas' Reports, Wyoming Ter- 
 ritory. 
 
 Thomp. Cal. Thompson's Reports (39, 40 
 California). 
 
 Thomp. Neg. Thompson on Negligence. 
 
 Thomp. Tenn. Cas. Thompson's "Unre- 
 ported" Tennessee Cases. 
 
 Thomp. & C. Thompson & Cook's New 
 York Supreme Court Reports. 
 
 Thompson. Thompson's Reports (39, 40 
 California). 
 
 Thomson. Thomson's Nova Scotia Reports. 
 
 Tichb. Tr. Report of the Tichborne Trial, 
 London. 
 
 Tldd App. Appendix to Tidd's Practice. 
 
 Tidd Pr. Tidd's Practice. 
 
 Tiffany. Tiffany's Reports (28-39 New York 
 Court of Appeals). 
 
 Tiffany Landl. & T. Tiffany on Landlord 
 and Tenant. 
 
1128 
 
 APPENDIX 
 
 Tiffany Real Prop. Tiffany on Real Prop- 
 erty. 
 
 Tobey. Tobey's Reports (9, 10 Rhode Is- 
 land). 
 
 Tot. (or Toth.) Tothill's English Chancery 
 Reports. 
 
 Touch. Sheppard's Touchstone. 
 
 Town. SI. & Lib. Townshend on Slander 
 and Libel. 
 
 Town. St. Tr. Townsend's Modern State 
 Trials. 
 
 Tr. App. New York Transcript Appeals. 
 
 Tr. Ch. Transactions of the High Court of 
 Chancery (Tothill's Reports). 
 
 Trans. App. Transcript Appeals, New York. 
 
 Tread. Treadway's South Carolina Consti- 
 tutional Reports. 
 
 Tristram. Tristram's Supplement to 4 
 Swabey & Tristram. 
 
 Tuck. Tucker's New York Surrogate Re- 
 ports; — Tucker's Select Cases, Newfound- 
 land. 
 
 Tud. Cas. IVlerc. Law. Tudor's Leading 
 Cases on Mercantile Law. 
 
 Tud. Cas. R. P. Tudor's Leading Cases on 
 Real Property. 
 
 Tupper. Tapper's Reports, Ontario Ap- 
 peals; — Tupper's Upper Canada Practice 
 Reports. 
 
 Tur. (or Turn.) & Rus. Turner & Russell's 
 English Chancery Reports. 
 
 Turner. Turner's Reports (35 Arkansas). 
 
 guttle. Tuttle's Reports (23-32 and 41-51 
 California). 
 
 Tuttle & Carpenter. Tuttle & Carpenter's 
 Reports (52 California). 
 
 Tyler. Tyler's Vermont Reports. 
 
 Tyng. Tyng's Reports (2-17 Massachu- 
 setts). 
 
 Tyr. (or Tyrw.) Tyrwhitt's English Ex- 
 chequer Reports. 
 
 Tyr. & Gr. Tyrwhitt & Granger's English 
 Exchequer Reports. 
 
 U. Utah; — Utah Reports. 
 
 U. B. Pr. Upper Bench Precedents temp. 
 Car. I. 
 
 U. C. C. P. Upper Canada Common Pleas 
 Reports. 
 
 U. C. Ch. Upper Canada Chancery Reports. 
 
 U. C. Cham. Upper Canada Chambers Re- 
 ports. 
 
 U. C. E. & A. Upper Canada Error and Ap- 
 peal Reports. 
 
 U. C. K. B. Upper Canada King's Bench 
 Reports, Old Series. 
 
 U. C. L. J. Upper Canada Law Journal, 
 Toronto. 
 
 U. C. 0. S. Upper Canada King's Bench 
 Reports, Old Series. 
 
 U. C. Pr. (or P. R.) Upper Canada Prac- 
 tice Reports. 
 
 U. C. Q. B. Upper Canada Queen's Bench 
 Reports. 
 
 U. C. Q. B. O. S. Upper Canada Queen's 
 (King's) Bench Reports, Old Series. 
 
 U. S. United States;— United States Re- 
 ports. 
 
 U. 8. App. United States Appeals. 
 
 U. S. Ct. CI. Reports of the United States 
 Court of Claims. 
 
 U. S. E. Encyclopedia of United States Re- 
 ports. 
 
 U. S. R. S., United States Revised Statutes. 
 
 U. S. Stat. United States Statutes at Large. 
 
 U. S. Sup. Ct. United States Supreme Court 
 Reporter. 
 
 Ulp. Ulpiani Fragmenta. 
 
 Und. Torts. Underhill on Torts. 
 
 Und. Tr. Underhill on Trusts and Trustees. 
 
 Up. Ben. Pr. Upper Bench Precedents, temp. 
 Car. I. 
 
 Utah. Utah Reports. 
 
 V. L. R. Victorian Law Reports, Australia. 
 
 V. & B. Vesey & Beames' English Chan- 
 cery Reports. 
 
 V. & S. Vernon & Scriven's Irish King's 
 Bench Reports. 
 
 Va. Virginia Reports;— Gilmer's Virginia 
 Reports. 
 
 Va. Cas. Virginia Cases (by Brocken- 
 brough & Holmes). 
 
 Va. R. Virginia Reports; — Gilmer's Vir- 
 ginia Reports. 
 
 Vanderstr. Vanderstraaten's Ceylon Re- 
 ports. 
 
 Van K. Van Koughnet's Reports (15-21 Up- 
 per Canada C. P.). 
 
 Vatt. Vattel's Law of Nations. 
 
 Vaug. (or Vaugh.) Vaughan's English Com- 
 mon Pleas Reports. 
 
 Vaux. Vaux's Recorder's Decisions, Phila- 
 delphia. 
 
 Ve. (or Vea.) Vesey (see Ves.). 
 
 Ve. (or Vea.) & B. Vesey & Beames' Eng- 
 lish Chancery Reports. 
 
 Vearey. Veazey's Reports (36-46 Vermont). 
 
 Vent. Ventris' English Common Pleas Re- 
 ports. 
 
 Ver. (or Verm.) Vermont Reports. 
 
 Vern. Vernon's English Chancery Reports. 
 
 Vern. & Scr. Vernon & Scriven's Irish 
 King's Bench Reports. 
 
 Ves. Vesey, Senior's, English Chancery 
 Reports. 
 
 Ves. Jr. Vesey, Junior's, English Chancery 
 Reports. 
 
 Ves. Jun. Supp. Supplement to Vesey, Jr.'s, 
 Reports, by Hovenden. 
 
 Ves. Sen. Vesey, Senior's, Chancery Re- 
 ports. 
 
 Ves. & Bea. Vesey & Beames' English 
 Chancery Reports. 
 
 Vez. Vezey's (Vesey's) English Chancery 
 Reports (see Ves.). 
 
 Vict. L. R. Victorian Law Reports, Aus- 
 tralia. 
 
 Vict. Rep. Victorian Reports. 
 
 Vil. & Br. Vilas & Bryant's edition of the 
 Wisconsin Reports. 
 
 Vin. Abr. Viner's Abridgment. 
 
 Vin. Supp. Supplement to Viner's Abridg- 
 ment. 
 
 Virgin. Virgin's Reports (52-60 Maine); — 
 Virginia (see Va.). 
 
 Von H. Const. Hist. Von Hoist's Consti- 
 tutional History of the United States. 
 
TABLE OP ABBREVIATIONS 
 
 1129 
 
 Von Ihr. Str. for L. Von Ihring's Struggle 
 
 for Law. 
 Vr. Vroom's New Jersey Reports. 
 Vt. Vermont; — Vermont Reports. 
 
 W. Wheaton's United States Supreme 
 Court Reports; — ^Wendell's New York Re- 
 ports; — Watts' Reports, Pennsylvania; — 
 Statute of Westminster. 
 
 W. Bl. Sir William Blackstone's English 
 King's Bench Reports. 
 
 W. C. & Ins. Rep. Workmen's Compensa- 
 tion and Insurance Reports. 
 
 W. C. C. Washington's United States Cir- 
 cuit Court Reports. 
 
 W. H. & G. Welsby, Hurlstone, & Gordon's 
 English Exchequer Reports. 
 
 W. Jo. Sir William Jones' English King's 
 Bench Reports. 
 
 W. Kel. William Kelynge's English Chan- 
 cery Reports. 
 
 W. N. Weekly Notes, London. 
 
 W. N. Cas. Weekly Notes of Cases, Phila- 
 delphia. 
 
 W. P. Cas. WoUaston's English Bail Court 
 (Practice) Cases. 
 
 W. R. Weekly Reporter, London; — Weekly 
 Reporter, Bengal; — ^Wendell's Reports; — 
 Wisconsin Reports; — West's Reports 
 (English Chancery). 
 
 W. Rep. West's Reports temp. Hardwicke, 
 English Chancery. 
 
 W. Rob. W. Robinson's English Admiralty 
 Reports. 
 
 W. Va. West Virginia Reports. 
 
 W. W. & D. Willmore, WoUaston, & Davi- 
 son's English Q. B. Reports. 
 
 W. W. & H. Willmore, Wollaston, & 
 Hodges' English Q. B. Reports. 
 
 W. & M. Woodbury & Minot's United 
 States Circuit Court Reports;— William 
 & Mary. 
 
 W. & S. Watts & Sergeant's Pennsylvania 
 Reports; — Wilson & Shaw's Scotch Ap- 
 peal Cases. 
 
 W. & T. Eq. Ca. (or L. C.) White & Tudor's 
 Leading Cases in Equity. 
 
 Wait Act. & Def. Wait's Actions and De- 
 fences. 
 
 Walk. Ch. Walker's Michigan Chancery Re- 
 ports. 
 
 Walk. Mich. Walker's Michigan Chancery 
 Reports. 
 
 Walk. Miss. Walker's Mississippi Reports. 
 
 Walker. Walker's Mississippi Reports; — 
 Walker's Michigan Chancery Reports; — 
 Walker's Reports (25 Texas). 
 
 Wall. Wallace's United States Supreme 
 Court Reports;— Wallace (Senior), United 
 States Circuit Court Reports;— (Wal- 
 lace's) Philadelphia Reports;— Wallis, 
 Irish Chancery Reports. 
 
 Wall. Jp. Wallace's (J. W.) United States 
 Circuit Court Reports. 
 
 Wall. Rep. Wallace on The Reporters;— 
 Wallace's United States Supreme Court 
 Reports. 
 
 Wall. S. C. Wallace's United States Supe- 
 rior Court Reports. 
 
 Wall. Sen. Wallace's (J. B.) United States 
 Circuit Court Reports. 
 
 Wallis by L. Wallis' Irish Chancery Re- 
 ports, by Lyne. 
 
 Walp. Rub. Walpole's Rubric of Common 
 Law. 
 
 Warden. Warden's Reports (2, 4 Ohio 
 State). 
 
 Warden & Smith. Warden & Smith's Re. 
 ports (3 Ohio State). 
 
 Ware. Ware's United States District Court 
 Reports. 
 
 Warv. Abst. Warvelle's Abstracts. 
 
 Warv. El. R. P. Warvelle's Elements of 
 Real Property. 
 
 Warv. V. & P. Warvelle's Vendors and 
 Purchasers of Real Property. 
 
 Wash. Washington Reports;— Washing- 
 ton's United States Circuit Court Re- 
 ports; — Washington's Virginia Reports; — 
 Washburn on Real Property; — ^Wash- 
 burn's Reports (16-23 Vermont). 
 
 Wash. C. C. Washington's United States 
 Circuit Court Reports. 
 
 Wash. Cr. L. Washburn on Criminal Law 
 
 Wash. R. P. Washburn on Real Property. 
 
 Wash. Ter. Washington Territory Reports. 
 
 Wash. Va. Washington's Virginia Reports. 
 
 Washburn. Washburn's Reports (16-23 Ver- 
 mont) . 
 
 Wat. C. G. H. Watermeyer's Cape of Good 
 Hope Reports. 
 
 Watermeyer. Watermeyer's Cape of Good 
 Hope Reports. 
 
 Watk. Con. Watkins on Conveyancing. 
 
 Watk. Cop. Watkins on Copyholds. 
 
 Watk. Des. Watkins on Descents. 
 
 Watts. Watts' Penn. Reports; — Watts' Re- 
 ports (16, 17 West Virginia). 
 
 Watts & Serg. Watts & Sergeant's Pennsyl- 
 vania Reports. 
 
 We. West's English House of Lords Cases; 
 — ^West's Chancery Reports. 
 
 Webb. Webb's Reports (6-20 Kansas). 
 
 Webb, A'B. & W. Webb, A'Beckett, & Will- 
 iams' Victorian Reports, Australia. 
 
 Webb, A'B. & W. Eq. Webb, A'Beckett, & 
 Williams' Equity Reports, Victoria. 
 
 Webb, A'B. & W. I. P. & M. Webb, A'Beck- 
 ett, & Williams' Insolvency, Probate, and 
 Matrimonial Reports, Victoria. 
 
 Webb, A'B. & W. Min. Webb, A'Beckett, 
 & Williams' Mining Cases, Victoria. 
 
 Webb & Duval. Webb & Duval's Reports 
 (1-3 Texas). 
 
 Wells Res. Ad. Wells' Res Adjudlcata and 
 Stare Decisis. 
 
 Welsb. H. & G. Welsby, Hurlstone & Gor- 
 don, English Exchequer Reports. 
 
 Welsh. Welsh's Registry Cases, Ireland;' — 
 Welsh's Irish Cases at Sligo, 1838;— 
 Welsh's (Irish) Case of James Feighny, 
 1838. 
 
 Wend. Wendell's New York Reports. 
 
 West. West's Reports, English House of 
 Lords; — West's Reports, English Chan- 
 cery;- — Western's Tithe Cases; — Wes- ■ 
 ton's Reports (11-14 Vermont). 
 
 West Chy. West's English Chancery Re- 
 ports. 
 
1130 
 
 APPENDIX 
 
 West t. H. West's English Chancery Re- 
 ports temp. Hardwicke. 
 
 West H. L. West's, Reports, English House 
 of Lords. 
 
 West Va. West Virginia Reports. 
 
 Westm. Statute of Westminster. 
 
 Weston. Weston's Reports (12-14 Ver- 
 mont). 
 
 Wh. Wheaton's United States Supreme 
 Court Reports; — ^Wheaton's International 
 Law; — Wharton's Pennsylvania Reports; 
 — ^Wheeler's New York Criminal Reports. 
 
 Wh. Cr. Cas. Wheeler's New York Crimi- 
 nal Cases. 
 
 Wh. & T. L. C. White & Tudor's Leading 
 Cases in Equity. 
 
 Whar. Wharton's Pennsylvania Reports. 
 
 Whar. Ag. Wharton on Agency. 
 
 Whar. Am. Cr. L. Wharton's American 
 Criminal Law. 
 
 Whar. Con. Law. Wharton's Conflict of 
 Laws. 
 
 Whar. Cr. Ev. Wharton on Criminal Evi- 
 dence. 
 
 Whar. Cr.Law. Wharton's American Crim- 
 inal Law. 
 
 Whar. Cri. PI. Wharton's Criminal Plead- 
 ing and Practice. 
 
 Whar. Horn. Wharton's Law of Homicide. 
 
 Whar. Neg. Wharton's Law of Negligence. 
 
 Whar. St. Tr. Wharton's United States 
 State Trials. 
 
 Whar. & St. Med. Jur. Wharton & StillS's 
 Medical Jurisprudence. 
 
 Whart. Wharton (see Whar.). 
 
 Wheat. Wheaton's United States Supreme 
 Court Reports. 
 
 Wheat. In^. Law. Wheaton's International 
 Law. 
 
 Wheel. Wheeler's New York Criminal 
 Cases; — Wheelock's Reports (32-37) 
 Texas) . 
 
 Wheel. Cr. C. Wheeler's New York Crimi- 
 nal Cases. 
 
 Wheel. Cr. Rec. Wheeler's Criminal Re- 
 corder, New York (1 Wheeler's Criminal 
 Cases). 
 
 White. White's Reports (10-15 West Vir- 
 ginia). 
 
 White & T. L. Cas. White & Tudor's Lead- 
 ing Cases in Equity. 
 
 Whittlesey. Whittlesey's Reports (32-41 
 Missouri). 
 
 WIgm. Ev. Wigmore on Evidence. 
 
 Wight, (or Wightw.) Wightwick's English 
 Exchequer Reports. 
 
 Wile. Cond. Rep. Wilcox's Condensed Re- 
 ports, Ohio. 
 
 Wilcox. Wilcox's Reports (10 Ohio). 
 
 Wilk. & Ow. Wilkinson, Owen, Patterson, 
 & Murray's "New South Wales Reports." 
 
 Will. WlUes' English" Common Pleas Re- 
 ports. 
 
 Will. Mass. Williams' Reports (1 Massa- 
 chusetts). 
 
 Will. Woll. & Dav. Willmore, Wollaston, & 
 Davison's English Q. B. Reports. 
 
 Will. Woll. & Hodg. Willmore, Wollaston, 
 & Hodges' English Q. B. Reports. 
 
 Will. Vt. Williams' Reports (27-29 Ver- 
 mont). 
 
 Willes. Willes' English Common Pleas Re- 
 ports. 
 
 Williams. Williams' (Peere) English Chan- 
 cery Reports; — ^Williams' Reports 27-29 
 Vermont); — ^Williams' Reports (1 Mass.). 
 
 Williams P. Peere Williams' English Chan- 
 cery Reports. 
 
 Wllliston. Williston on Contracts; — ^Willis- 
 ton on Sales. 
 
 Willm. W. & D. Willmore, Wollaston, & 
 Davison's English Q. B. Reports. 
 
 Willm. W. & H. Willmore, Wollaston, & 
 Hodges' English Q. B. Reports. 
 
 Wils. Wilson's English Common Pleas Re- 
 ports. 
 
 Wlls. Ch. Wilson's English Chancery Re- 
 ports. 
 
 Wils. Ent. . Wilson's Entries and Pleadings 
 (same as 3 Lord Raymond). 
 
 Wils. Exch. Wilson's English Exchequer 
 Reports. 
 
 Wils. (Ind.) Wilson's Indiana Superior 
 Court Reports. 
 
 Wils. & Court. Wilson & Courtenay's 
 Scotch Appeals Cases (see Wilson • & 
 Shaw). 
 
 Wils. & Sh. Wilson & Shaw's Scotch Ap- 
 peals Cases. 
 
 Wilson. Wilson's English Common Pleas 
 Reports; — ^Wilson's English Chancery Re- 
 ports; — ^Wilson's English Exchequer 
 Equity Reports; — Wilson's Indiana Supe- 
 rior Court Reports; — Wilson's Reports (1, 
 2 Oregon). 
 
 Win. Winston's Law Reports, North Caro- 
 lina; — ^Winch's EInglish Common Pleas Re- 
 ports. 
 
 Win. Eq. Winston's Equity Reports, North 
 Carolina. 
 
 Winch. Winch's English Common Pleas 
 Reports. 
 
 Winst. Winston's Law or Equity Reports, 
 North Carolina. 
 
 Wis. Wisconsin Reports. 
 
 Wish. Laws of Wishuy. 
 
 Withrow. Withrow's Reports (9-21 Iowa). 
 
 Wm. Bl. William Blackstone's English 
 King's Bench Reports. 
 
 Wm. Rob. William Robinson's English Ad- 
 miralty Reports. 
 
 Wms. Mass. Williams' Reports (1 Massa- 
 chusetts). 
 
 Wms. Vt. Williams' Reports (27-29 Ver- 
 mont). 
 
 Wol. Wollaston's English Bail Court Re- 
 ports. 
 
 Wolf. & B. Wolferstan & Bristow's English 
 Election Cases. 
 
 Wolf. & D. Wolferstan & Dew's English 
 Election, Cases. 
 
 Woll. (or Woll. P. C.) Wollaston's Eng- 
 lish Bail Court Reports (Practice Cases). 
 
 Wood. Woods' United States Circuit Court 
 Reports; — ^Wood's English .Tithe Cases. 
 
 Wood Land. & T. Wood on Landlord and 
 Tenant. 
 
TABLE OF ABBREVIATIONS 
 
 1131 
 
 Wood. & M. (or Woodb. & M.) Woodbury 
 & MInot's United States Circuit Court 
 Reports. ' 
 
 Woods (or Woods C. C.) Woods' United 
 States Circuit Court Reports. 
 
 Woolw. Woolworth's United States Cir- 
 cuit Court Reports;— Woolworth's Re- 
 ports (1 Nebraska). 
 
 Wright. Wright's Reports (37-50 Pennsyl- 
 vania State) ;— Wright's Ohio Reports. 
 
 Wy. Wyoming Reports;— Wythe's Virginia 
 Chancery Reports. 
 
 Wy. Dick. Wyatt's Dlcliens' Chancery Re- 
 ports. 
 
 Wyatt, W. & A'B. Wyatt, Webb, & A'Beck- 
 ett's Reports, Victoria. 
 
 Wyatt, W. & A'B. Eq. Wyatt, Webb & 
 A'Beckett's Equity Reports, Victoria. 
 
 Wyatt, W. & A'B. I. P. & M. Wyatt, Webb, 
 & A'Beckett's Insolvency, Probate, and 
 Matrimonial Reports, Victoria. 
 
 Wyatt, W. & A'B Ew. Wyatt, Webb & 
 A'Beckett's Equity Reports, Victoria. 
 
 Wyatt & Webb. Wyatt & Webb's Reports, 
 Victoria. 
 
 Wyatt & W. Eq. Wyatt & Webb's Equity 
 Reports, Victoria. 
 
 Wyatt & W. I. P. & M. Wyatt & Webb's In- 
 solvency, Probate, and Matrimonial -Re- 
 ports, Victoria. 
 
 Wyatt & W. Min. Wyatt & Webb's Mining 
 Cases, Victoria. 
 
 Wyman. Wyman's Reports, India. 
 
 Wythe. Wythe's Virginia Chancery Re- 
 ports. 
 
 X. 1, 9, 6, 4. Book I., Title 9, Chapter 6, 
 Paragraph 4, of the Decretals of Pope 
 Gregory 9. 
 
 Y. Yeates' Pennsylvania Reports. 
 
 Y. B. Tear Books, English King's Bench, 
 &c. 
 
 Part 1 cited as 1' E. 2. Reports in the 
 reign of Edward II. Maynard's Edward II. 
 Parts 2, 3, 4 cited as 1 E. 3. Reports in 
 the reign of Edward III. (3 parts). First 
 part of Edw. III. Second part of Edw. III. 
 Third part of Edw. III. (or Quadragesms). 
 Part 5 cited as 1 Ass. Book of Assizes in 
 the reign of Edward III. Liber Assisso- 
 
 rum. Part 6 cited as 1 H. 4, 1 H. 5. Re- 
 ports in the reigns of Henry IV. and V. 
 Year Book of H. IV. Parts 7 and' 8 cited 
 as 1 H. 6; Reports in the reign of Henry 
 VI. (2 vols.). First part of H. VL Sec- 
 ond part of H. VI. Part 9 cited as 1 B. 4. 
 Reports in the reign of Edward IV. Year 
 Book of Edw. IV. Part 10 cited as 5 B. 4. 
 Reports in the 5th year of Edward IV. 
 Longo Quinto. Part 11 cited as 1 E. 5, 
 1 R. 3, 1 H. 7, 1 H. 8. Reports in the 
 reigns of Edward V., Richard III, and 
 Henry VII. and VIII. Year Books of Edw. 
 v., Richard III, Henry Vli and Henry VIII. 
 
 Y. B. Ed. I. Year Books of Edward L 
 
 Y. B. S. C. Year Book, Selected Cases, 1. 
 
 Y. & C. Younge & Collyer's English Chan- 
 .eery Reports. 
 
 Y. & J. Younge & Jervis' English Ex- 
 chequer Reports. 
 
 Yale L. J. Yale Law Journal. 
 
 Yates Sel. Cas. Yates' New York Select 
 Cases. 
 
 Yea. (or Yeates) Yeates Pennsylvania 
 Reports. 
 
 Yel. (or Yelv.) Yelverton's English King's 
 Bench Reports. 
 
 Yerg. YergerrS Tennessee Reports. 
 
 Yorke Ass. Clayton's Reports (Yorke As- 
 sises). 
 
 You. Younge's English Exchequer Equity 
 Reports. 
 
 You. & Coll. Ch. Younge & Collyer's Eng- 
 lish Chancery Reports. 
 
 You. & Coll. Ex. Younge & Collyer's Eng- 
 lish Exchequer Equity Reports. 
 
 You. & Jerv. Younge & Jervis' English Ex- 
 chequer Reports. 
 
 Young. Young's Reports (21-2S Minnesota). 
 
 Young Adm. Young's Nova Scotia Admi- 
 ralty Cases. 
 
 Younge. Younge's English Exchequer 
 Equity Reports. 
 
 Younge & Coll. Ch. Younge & Collyer's 
 English Chancery Cases. 
 
 Younge & Coll. Ex. Younge & Collyer's 
 English Exchequer Equity Reports. 
 
 Younge & Jerv. Younge & Jervis' English 
 Exchequer Reports. 
 
 Zab. Zabriskle's New Jersey Reports. 
 
 1 Or the number denoting the year of the reign in which the case was reported.