/5li Qlnrnrll Cam ^rl)nnl ICibrarjj KF 156.C66"'" """""'•" '■"•"^ ^''^iinimiiMiiiuifi,, ?.*¥ lexicon :a dictionary 3 1924 022 835 684 The original of tliis bool< 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/cu31924022835684 >F LEGAL WORDS AND PHRASES WITH APPEND rCES KING ABBREVIATIONS AND REFERENCES TO REPORTS 3 GIVING THE MEANING OP LATI.V AND FRENCH MAXIMS COMMONLY FOUND IN LAW BOOKS BY ^ WILLIAM C.^UHRAN Of the Cincinnati Bar CINCINNATI KOBKRT CLARKE & CO 1888 COEYEIQHT, ROBERT CLARKE & CO. BLKOTROTYPED BT CAMPBELL & CO. CINCINSATI, OHIO. TO THE HONORABLE JACOB D. COX, A.M., LL.D., President of tije y.NiyERsn?t op Cincinnati and DeaS of THE Law School oiv.'i'he CiNuixifATi College, LAWYER, SOLDIER, STATESMAN, AND SCHOLAR, JTiifs imovK IB BeWutti, AS A TOKEN OF AFFECTIONATE REGARD, BY THE AUTHOR. PREFACE. It is the aim of this book to give, in condensed form, the meaning and application of all such words, phrases, maxims, abbreviations and references to re- ports, as a student of the law will be likely to encounter in his reading, and which the ordinary knowledge of the English language might not enable him to under- stand. The long dissertations on the law, which ap- pear in older and larger dictionaries, and which, useful as they are in works approaching the magnitude of an encyclopaedia, are incompatible with the objects of this book, have been avoided ; yet, where an example, or illustration of the use of a word could be stated in brief, so as to help the student to a fuller understand- ing of its meaning and application, it has been supplied. To bring the work within the required compass, a large number of obsolete words and phrases, whose meaning is a matter of curiosity rather than importance, and many words of current English usage, which can not be said to have any special significance in connec- tion with the law, have been omitted. Where one form of a word is used i.t has not been deemed neces- (V) VI PREFACE. sary to introduce other forms; the given meaning of the verb, for instance, being quite sufficient to enable the student of ordinary intelligence to understand wowns, adjectives, or partieipks, derived from the same root. Condensation and facility of reference have been further secured by arranging in one paragraph phrases beginning with the same word, and compound words having the same stem ; by using bold-faced type to point out with distinctness the successive words or phrases defined ; and by the frequent use of cross-refer- ences. While intended primarily for the student, it is hoped that the book may also prove a serviceable desk companion for the practicing lawyer; and, in this con- nection, special attention is called to the very full table of abbreviations and references to the reports, contained in Appendix A. The author can not boast, as Jacob did in 1732, " that considerable above two Thirds of my Work', with some Hundreds of very material Words, are entirely New in a Performance of this Kind ;" or that, " There is not any Thing in the following Dictionary directly the same as appears elsewhere;" or that, "I now have render'd my Useful Book so full and perfect as to ad- mit of little or no further Improvement." He is indebted to a great and learned body of lexi- cographers, digesters, and law writers, whose works he has consulted with much profit, and his acknowledg- PREFACE. VII ments are especially due to Wharton's Law Lexicon, and Bouvier's Law Dictionary. While perfection is not claimed for it, he hopes that the book will be found to possess vMlity; and if it af- fords assistance to others, he will feel amply rewarded for the time and thought he has bestowed upon it. W. C. Cochran; Cincinnati, August 1, 1888. THE STUDENTS' LAW LEXICON. A, or ab, I; from ; by ; in ; of ; at. Ab actis, one who writes from words spoken ; a notary, or reporter. Ab ante, in ad- vance. Ab antecedente, beforehand. Ab antique, from ancient time. A cancellis, at the canceili ; the chancellor. A Oonsilils, of counsel; a counsellor. Ab extra, from with- out. A fortiori, by so much the stronger ; all the more. Ab inconvenienti, from the inconvenience or hardship (of the case). Ab initio, from the beginning. Ab intestato, from one who died without making a will. Ab invito, un- willingly. Ab irato, by one who is angry. A latere, from the side of; collateral. A me, from me. A mensa et thoro, from bed and board ; a kind of divorce (q. i>.) A pos- teriori, A priori, see Argument. A QUO, from which. A retEO, from back; in arrears. A vinculo matrimonii, from the bond of marriage; a complete divorce (q. v.) A.,fT., of; at; to; for; in; with. A aver et tener, to have and to hold. A prendre, to take, as from the soil. A ren- dre, to render, or yield, as services or rent. Abandonment, desertion, by husband or wife. (2) Re- linquishment, or surrender of property, or rights. (3) Leaving a vessel and giving it up as a total loss. (4) Surrendering to the underwriters all interest in the thing insured. Abactor, one who steals and drives away cattle by herds. Abaudum, or abandun, any thing abandoned, forfeited, or confiscated. Abatement, a making less, or destroying. A suspension or termination of an action for want of proper parties, or a4e- NOTE.— Abbreviations used in the text are; I., Latin; fr., French; L. fr.. Law French; Sc, Scotch; Rom., Roman or Civil Law; (9. v.), which see; e. g,, for example; t. e., that is; seil,, being understood. Aba 3 ABB feet in the writ or its service. (2) A reduction of rent, inter- est, or an amount due. (3) A removal or cessation of a nui- sance. (4) A diminution of a freehold by the entry of a stranger upon lands after the death of the former owner and before the heirs or devisees take possession. (5) The reduction of a legacy when an estate is insufficient to pay all debts and legacies. (6) A reduction of duties on account of damage to imp'orted goods, or a decrease in the amount of taxes assessed upon a particular person or property. See Rebate. Abator, or Abater, one who abates a nuisance. (2) One who enters into a house or land vacant by the death of the former possessor, and not yet taken possession of by his heir or 'devisee. See Disseisin, Intrusion. Abatuda, or AbatU.de, any thing diminished. Moneta abatuda is money clipped and so diminished in value. Abavus (Rom.), a great grandfather's father. See Atavus. Abbreviations. See Appendix A. Abbreviatio Flacitorum, an abstract of ancient plead- ings, prior to the year books. Abbroach, to monopolize goods or forestall a market. Abdicate, to renouncethethroneor government. (2) (Kom.), to disinherit. Abduction, forcibly taking away a man's wife, child, or maid. Abearance, carriage or behavior. Abeched, satisfied. Aberemurder, deliberate murder, as distinguished from the less heinous crime of manslaughter, or killing in chance medley. Abet, to aid, encourage, or incite another to commit a crime. An abettor is one who is present inciting the prin- cipal. Abeyance, in expectation j the condition of an estate or right when there is no person presently entitled to it. Abide, to perform, obey, or conform to an order of court, or an award of arbitrators. AbigeilS, same as Abactor {?.».). Abjudicate, to give away or transfer by judgment. Abjuration, a renunciation of allegiance upon oath. An oath, formerly taken by & felon who had claimed sanctuary, to forsake the realm forever. Abortion, a miscarriage, or premature expulsion of the foetus. To procure or produce an abortion was formerly a misdetneanor, and is now generally declared a felony. Abridgment, an orderly abstract or digest of the law. ABR 3 ABXT The principal are Brooke's, Fitzherbert's, Eolle's, Comyn's, Viner's, and Bacon's. The more recent ones are called Digests, e.j., Fisher's. Abrogate, to annul or repeal a former law by the passage of a new one. Abrogation may be by express words, or by necessary inplication. Abscond, to leave one's usual residence, or to conceal one's self in order to avoid legal proceedings. Absence, non-appearance; being away from one's domi- cile. When continued for seven years, without the /person being heard from, a presumption of death arises. Absence be- yond seas, i.e., from the United Kingdom and the adjacent (in- cluding the Channel) islands, was a disability (q.v.,) and still in some cases entitles a person to an extension of time for pleading or appealing. The operation of statues of lAmitation (o. ».) is generally suspended or modified as against a person who absents himself from the country or state in which a cause of action arises, though seldom, in favor of the absentee. Absolute, complete; unconditional; not relative or quali' fled. A rule absolute is an order which can be forthwith enforced in contradistinction to a rule nisi, which commands the opposite party to appear on a day therein named, and show cause why he should not perform the act, or submit to the terms therein set forth. In default of his appearance or show- ing good cause, the rule is made absolute. Absolution, the dismissal of a charge, declaration of a per- son's innocence, or remission of sins or penalties. Absque, l-, without. Absque aliquo inde reddendo, without reserving any rent therefrom; used of a grant by the crown. Absque hoc, without this; technical words of ex- ception formerly made use of in a special traverse. Absque impetitione vasti, without impeachment of waste; terms indicating the tenant's freedom from liability for waste. Absque tali causa, without such cause; formal words in the now obsolete replication de Ivjuria. Abstention, keeping an heir from possession. (2) The tacit renunciation of a succession by an heir. Abstract, a summary, epitome, or brief statement of essen- tial points. Abstract of a fine, an abstract of covenant and theconcord, naming the parties, the parcelofland.and the aijrcc- ment. Abstract of title, a summary of all the deeds, wills, and legal proceedings which show the nature of a person's right to a given estate, together with the mortgagi'S, judg- ments, etc., which constitute liens or incumbrances thereon. Abuse, ill-use; improper treatment of a thing. (2) Words or acts contrary to good order. (3) Bape. Abuse of dis- ABU 4 ACC tress, usin.^ an animal or chattel distrained, which makes the distrainer liable as for a conversion. Abuse of process, the imprope'- use of some regular legal proceding to obtain an ad- vantage over an opponent. Abuttals, the boundaries of any piece of land. In old law the ends were said to abut; the sides, to adjoin contiguous tracts. Ac etiam, l-, and also; the introduction to the statement of the real cause of action which followed the fictitious cause alleged to give the court jurisdiction in the old English prac- tice. Accapitare, to pay relief to lords of manors. Capitali do- mino accapitare, is to pay a relief or homage to the chief lord on becoming his vassal. Accapituin,, money paid by a vassal upon his admission to a feud or holding; the relfef due to the chief lord. Accedas, l, go you. Accedas ad curiam, go to the court; an original writ to the sheriff, issued out of Chancery for the purpose of removing a suit from a Hundred Court, or Court Baron, to one of the superior courts; Accedas 'ad vicecomitem, go to the sheriff; a writ to the coroner, com- manding him to deliver a writ to the sheriff,- requiring him to return a writ called pone, which he has suppressed. Acceptance, the "receipt of a thing, offered by another, with the intention of retaining it. (2) The agreeing to terms or proposals by which a bargain is concluded and the parties are bound. (3) An agreement by the person, on whom a draft, or bill of exchange is drawn, to pay the same according to its terms, generally expressed by writing the word " accepted " across the face and signing his name under it. Before accept- ance he is called the drawee, after it, the acceptor. An accept- ance may be general (absolute); or jMati/?erf, i.e., conditional, or partial. An acceptance may \>6 implied from acts of the drawee warranting the inference that he intends to pay, and it may be expressed in writing on another paper, or by giving previous written authority to draw the draft and agreeing to accept the same. If the drawee refuses to accept a bill drawn on him, it \i dishonored, and the holder must look to the drawer. Accept- ance supra protest, is the acceptance, by a person not numed in the bill or liable thereon, of a bill which has been protested, for the honor of the drawer or a particular indorser. Acceptilation (Sc), the verbal extinction of a verbal con- tract, with a declaration that the debt has been paid when it has not; the acceptance of something merely imaginary in sat- isfaction of a verbal contract. Access, approach, or the means of approaching. The pre- ACC 5 ACC sumption of a Shild's legitimacy is rebutted, if it be shown that the husband had not access to his wife within such a period of time before the birth, as admits of his having been the father. Accessary, or Accessory, one who is not the actual per- petrator of a felony, but is in some way concerned therein. He may be an accessory {a) before the fact, e.g., by inciting or counseling, or (6) after the fact, by relieving or assisting the felon. Accession, the right to all which one's own property pro- duces, as the fruit of trees or the young of animals, and to that which becomes added to or incorporated with it either naturally _6r artificially,, as land formed by gradual deposit of soil (see 'AUiivion) and buildings erected on, or trees, vines, etc., planted in the ground of another. (2) The right, upon paying for the materials, to an article manufactured out of materials belonging to another, as bread made from flour, or wine made from grapes, where the conversion was effected innocently, the person be- lieving the materials to be his own. (3) Coming Into the enjoyment of an office or dignity. Accident, such' an unforeseen event, misfortune, act, or omission as is not the result of negligence or misconduct in the party. (2) Something which happens without any human agency. See Act of God. A recognized ground for equitable relief. Accite, to summon. Accommodation paper, a promissory note, or bill of ex- change which a party makes, indorses, or accepts without con- sideration, for the benefit of another, who receives money on it and is to provide for its payment when due. The wantof con-, sideration is a valid defense to an action brought on such paper by the person accommodated, but is no defense to an action by a third person who is a bona fide holder for value. Accomplice, one concerned with others in the commission of a crime. Accord, an agreement between two (or more) persons, one of whom has a right of action against the other, that the latter should do or give, and the former accept, something in satisfac- tion of the right of action. When the agreement is executed, and satisfaction has been made, it is called accord and satisfac Hon, and operates as a bar to the right of action. Account, or Accompt, a detailed statement of receipts and payments of money, or of trade transactions which have taken place between two or more persons. Accounts are either — (1) open or current, where the balance is not struck, or is not ac- cepted by all the parties ; (2) stoierf, where it has been expressly or impliedly acknowledged to be correct by all the parties ; or ACC 6 ACQ (3) settled, where it has been accepted and discharged. To make a rest in an account, or an aecoimi with rests is, at stated periods, to strike a balance, so that interest may thenceforward be computed on the sum actually due, not merely on the origi- nal principal or debt. Accountable receipt, a written acknowledgment of the receipt of money or goods to be accounted for by the receiver, as distinguished from an ordinary receipt or acquittance for money paid in discharge of a debt. Accouple, tcrmarry. Accredit, to acknowledge ; to send a diplomatic agent with proper credentials. Accretion, addition to property by operation of natural causes, (e. g.) gain of land by gradual deposition of soil washed up from the sea or a rirer. See Alluvion. Accroach, to attempt to exercise royal power. Accrue, to grow to; to be added to, as interest to principal. (2). To arise; to happen or come to pass, as a cause of action. Accrual, Acorueri A right accrues when it vests in a person, especially when it arises without his" active intervention, 6. ff„ by lapse of time, or determination of a previous right. For cases of accruer see Accession, Alluvion, Survivorship. Accumulative sentence, one passed before the first has expired, to commence upon its expiration. Accusation, the charge that one has been guilty of a orime or misdemeanor, made to a proper oflScr. Acknowledgment, the act of going before a competent offijer or court and declaring the execution of a deed or other - instrument. The acknowledgment is certified by the officer, and his certificate is sometimes called the acknowledgment. Acknowledgment of deeds, mortgages, and instruments convey- ing an interest in real estate is required by the laws of most of the states to entitle them to be recorded, and to dispense with other proof of their execution. Acknowledgment money, a sum formerly paid by ten- ants of copyhold in some parts of England, on the succession of a new landlord, as a recognition of his rights. Acquest, or Acquit, property obtained by purchase or gift. Acquiescence, silent assent, or neglect to speak when one wishing to object or stand on his rights would naturally tpeak or act. Conduct from which consent may be implied, as dis- tinguished from express consent {g.v.). Acquittal, a release or discharge, especially by verdict of a jury. ACQ 7 ACT Acquittance, a release or written discharge of a sum of money due. Act, something done or established. Laws passed by Con- gress and the legislatures of the several states are styled Acts. These may be (n) general or public, affecting the whole com- munity; {b) private or special, affecting only particular per- sons aiid places and private concern's. Act of bankruptcy, an act fraudulent in its character, or indicative of insolvency, which maljes a person liable to be proceeded against and ad- judged a banitrupt. Act of God, an inevitable event, one which occurs without human intervention, and for which, therefore, no one is to be blamed, e.g., death, flood, or tempest. On this ground carriers are released from liability for loss, and a person Is in some cases discharged from his covenant or contract. Act in pais, a thing done out of court, and not a matter of record. Act on petition, a summary mode of proceeding to obtain an ndjudTcation on questions in divorce, probate, and ecclesiastical matters. Acts of Sederunt, or- dinances or rules of the Court of Sessions in Scotland, cor- responding to the "General Kules" made under statutory authority by other courts. Act of Settlement, 12 and 13 Wm. III. c. 2, limiting t*e crown to the Princess Sophia, of Hanover, and to the heirs of her body being protest- ants. Act of Supremacy, 1 El'z- c. 1, declaring the su- premacy of the crown in matters ecclesiastical as well as civil. Act of Uniformity, 13 and 14 Car. II. c. 11, requiring the use of the Book of Common Prayer, then recently revised, in every parish church, and other places of public worship. Acts of Union. With Wales, 27 Hen. VIII. c. 27, con- firmed by Si & 35 Hen. VIII. c. 26. With Scotland, 5 Anne, c. 8, and see 6 Anne, cc. 6 and 23. With Ireland, 39 & 40 Geo. III. c. 67. Actio, I; an action. Actio ad eshibendum (Eom.), an action instituted for the purpose of compelliflg production of documents or testimony. Actio bonae fldei (Rom.), one which the judge decided according to equity, acting as arbiter with a wide discretion. Actio commodati contraria (Rom.), one by a borrower against a lender, to enforce the con- tract.' Actio condictio indebiti (Rom.), one for the re- covery of a sum of money paid by mistake. Actio deposit! contraria (Rom.), one which a depositary has against a de- positor, to compel him to fulflU his engagement. Actio de- positi directa (Rom.), one brought by a depositor against a depositary, to get back the thing deposited. Actio ex con- ducto (Rom.), one by a bailor for hire against a bailee, to compel him to deliver the thing hired. Actio exercitoria ACT 8 ACT (Rom.), one brought against the owner of a, ship (Exereiior) who employed his slave to navigate her, on contracts made by the slave in such capacity. Actio institoria (Eom.), a simi- lar action against the owner of a shop. served by his slave. In both cases the slave was held to ooritraot only as representing the master. Actio pro socio (Eom.), an action by which a partner could compel bis co-partners to perform the partner- ship contract. Actio redhitaitoria (Eom.), on,e brought by a purchaser to recover the price, for breach of implied war- ranty on the sale. See Action. . Action, a proceeding taken in a court of law. Its chief classifications are these: — (1) (o) civil, to enforce a right; (J) criminal, to punish an offender. (2) (a) in rem (against a thing), to bind a thing; (d) in personam (against a person), to bind a person. (3) (a) real, to recover lands, tenements, or hereditaments; (o) personal, to recover money, damages, or specific personal property; (c) mixed, which partake of the nature of both real and personal actions, as actions of partition, actions to recover possession of property and damages, etc.; (4) ex contractu, those which arise out of contract; and ex de- licto, those which arise out of tort or the fault of the defendant. In common law pleading actions ex contractu were classed as follows: — (a) covenant, being on a deed alone; (6) assumpsit, being on a simple contract only ; (c) debt, being indifferently on a deed or simple contract; (d) scire facias, being on a judg- ment; (e) account, to compel an account and enforce the pay- ment of the balance found due; .(/) amiuity,U) enforce the payment of an annuity. Actions ex delicto were classed as fol- lows : — {a), trespass quare clausum fregit, on real property, or de bonis asportatis, to personal property; (6) case, being for torts which had no special writ or remedy, prior to 13 Edw>I. c. 24, and for which, by that statute, special writs were to be framed, according to the circumstances of each case, on the lines of those already existing, such as torts committed without force, injuries resulting from negligence, abuse of legal process, etc., and injuries to reversionary, incorporeal and relative rights; (c) trover, to recover damages for the wrongful appropriation or conversion of property; [d) detinue, for the wrongful de- tention of property lawfully taken, and (e) replevin, to recover specific personal property, unlawfully taken. By the codes of civil practice adopted in many of the states, all common law forms are abolished, and but one form of action, known as civil action, is recognized. Actions ordinary (Sc), all actions not rescissory. Actions rescissory (Sc), are (1) actions of proper impro- bation, for declaring a writing false or forged ; (2) actions of re- ACT 9 AD duction — improbaiion, for the production of a writing in order to have it set aside or its effect ascertained, under the certifica- tion that the writing if not produced shall be declared false or forged; and (3) actions of simple reduction, for declaring a writing called for null until produced. Action of a writ, a phrase formerly used when a defend- ant pleaded that the plaintiff- had no right to the writ sued upon, although it might be that he was entitled to another writ or action for the same matter. Actionable, for which an action will lie; used chiefly of Words spoken or written which constitute slander or libel. Actiones nominatae, l-, writs for which there were prece- dents, prior to 13 Edw. I. c. 24, as distinguished from Aciiones innominatae, for which there were none. See Trespass. Acton Bumel, a statute, enacted in 1283 by a Parliament held at the village of that name, for the benefit of merchants, by which a debtor's body and goods might be attached. Actor, a manager, an advocate. (2) The plaintiff or active claimant in a case, as distinguished from Reus, the defendant. Actor dominae, manager of the home estate. Actor ec- clesiae, the manager of church property | one who advocates or protects its interests. Actuary, a registrar of a public body; a clerk. (2) One skilled in the business of insurance, the calculation of life in- terests, annuities, etc. Ad, 2., at ; by ; for; near; on account of; to; until; upon. Ad abundantiorem cautelam, for greater caution. Ad aliud examen, to another tribunal. Ad custagia, ad custum, at the costs. Ad damnum, to the damage; that part of a pleading or writ which states the amount of the plaintiff's loss or injury. Ad diem, at the day. Ad exhaeridationem, to the disinheriting; a term used in the old writ of waste against a tenant. Ad fldem, in allegiance. Ad filum aquae, or viae, to the thread or center line of the stream, or road. Ad finem, at or near to the end. Ad hominem, to the man ; argument adapted especially to the person spoken to. Ad idem, to the same point, essential agreement. Ad infinitum, without limit. Ad inquirendum, for inquiry ; ajudicial writ commanding inquiry to be made into matters related to the suit pending. Ad interim, in the meantime. Ad jura regis, for the king's rights; a writ which was brought by a clerk who had been presented to a royal living, against those who endeavored to eject him to the prejudice of the king's title. Ad largunf, at large. Ad litem, for the suit. Ad longum, at length. Ad nocumentum, to the hurt or injury. Ad ostium ecclesiae, at ttie church door. ADD 10 ADM See Dower. Ad CLuem, to which; correlative to a quo, from which. Ad quod, damnum, to what injury; (1) a writ by which the owner of land over which a highway passes may obtain leave to divert it. (2) A writ issued to the sheriff be- fore the Crown granted new liberties, e.g., fairs, markets, high- ways, etc., commanding him to inquire by a jury what damage would accrue to the king or any one else, on account of such grant. Ad rationem ponere, to cite a person to appear. Ad respondendum, tor answering. Ad sectam, at the suit of. Ad terminum annorum, for a term of years. Ad terminum qui preterit, a writ of entry which lay for the owners of the reversion upon a lease, when the lease had ex- pired. Ad tunc et 'ibidem, then and there; technical words in the old form of indictment. Ad valorem, accord- ing to the value, e.g., a duty or tax. Ad ventrem inspicien- dum, inspection of the womb ; a writ issued for the purpose of asoertaiining whether a woman condemned to death, or from whom an heir might be born, is really with child. Ad vitam aut culpam, for life, or until bad behavior. Addictio, (Bom.), the giving up to a creditor of his debtor's person or goods. Additipn, the title or place of abode of a person. Ademption, a revocation, or a taking away of a legacy. Where a testator having given a specific thing by his will, alters or parts with it before his death, he adeems the legacy. See Satisfantion, Aditus, an approach ; a public way. Adjacent, next to, or near. Adjourn, to put off the hearing to another day. Adjudication, a judgment or decision, e.g., on claims of creditors. (2) That part of a docket of enrolment of a decree in chancery under the old practice which set forth the order made by the court. (3) Of bankruptcy, the declaring a debtor bankrupt. See Bankrupt. - Adljunction, the attachment or permanent union of a thing belonging to one to that which belongs to another, by which the right of property passes to the person owning the prin- cipal; e.g., the building of a house on another's ground, setting a diamond in another's ring, using the thread of one to make another's coat, etc. Adjuration, a swearing or binding upon oath. Adjustment, in the law of insurance is the settlement of the amount to be received by the insured, and to be contributed by the several underwriters to the policy. Admanuensis, one who swears laying his hand on th« Testament. ADM 11 ADM Admeasurement, Writ of, (1) 0/ dower, lay where a widow took or had assigned tc her a larger dower than rightly belonged to her; (2) of pasture, lay where any one having common of pasture surcharged the common — to correct the ex- cess in either case. See Surcharge. Adminicular evidence, explanatory, or in support. Administration, the management and disposal, under legal authority, of the estate of a deceased person. If the deceased left a will and nominated a person to manage his estate, such person, when appointed by the court, is called an executor. If the deceased left no will, the court appoints a person who is termed an administrator. Administration is general, re- lating to the whole management and closing up of the estate; or, special, e.g., ad colligendum, for collecting and preserv- ing goods which are perishable or liable to loss, when for any rea- son regular probate and administration can not be granted at onc&: ancillary, subordinate to the principal administration, for collecting assets in a foreign country: Cum testamento annexe, with the will annexed, when no executor is named in the will, or the person named is unable or unwilling to serve: de bonis non, concerning the goods not administered, when the first administrator dies without having fully administered : durante minore aetate, or absentia, where the sole ex- ecutor is a minor or beyond seas: pendente lite, while a suit is pending respecting the will, to take care uf the estate only till the suit is ended. The mode of appointing administrators, their duties and powers, and the judicial supervision of their acts and accounts, are regulated by the statutes of the several states. Admiralty, the jurisdiction exercised by district courts of the United States over maritime contracts, torts, injuries, etc., including cases arising on the navigable lakes and rivers. In England, this jurisdiction is conferred by the Judicature Autof 1873, upon the Probate, Divorce and Admiralty Division of the High Court of Justice, and is confined to cases arising on the high seas and those portions of rivers and sounds in which the tides rise and fall. Admission, the approval and institution of a clerk in his living in obedience to a writ admittendo clerico. (2) The act by which attorneys and counselors become officers of the court and are allowed to practice. The requirements for admission vary greatly in the difl'erent states. (3) A voluntary state- ment or acknowledgment, made by an interested party, which is admissible in evidence against said party. (4) An express or implied acknowledgment that an allegation in the pleading of the opposite party is true. In general, every thing that is ADM 12 ADU stated in a petition or answer, and not specifically denied, is taken as admitted. Admittance, giving possession of a copyhold estate. Por- mal admittance is usually made by the steward handing to the tenant a rod (see Verge), or other symbol, according to the custom. It may, however, be dispensed with. Admittendo olericp, l-, a writ of execution, addressed to the bishop or his metropolitan, requiring him to admit and institute the clerk or presentee of the plaintiff. Admittendo in SOCium, l-, a writ for associating certain persons with justices of assize on the circuit. Admonition, the lightest form of ecclesiastical censure. Admortization, the reduction of property in lands or tenements to mortmain, in the feudal custom. Adolescence, the period commencing at 12 in females, and 14 in males, and ending at 21 years of age. Adoption, the act by which a person takes the child of another into his family and makes him, for all legal purposes, his own. Its force and validity depend upon the statutes of the several states. (2) The affirmation or acceptance of a con- tract which one is at liberty otherwise to repudiate; e.g., a con- tract made by an infant during his minority. Ad promissor, (Kom.), a species of surety, or guarantor. Adrosatio, (Rom.), the adoption of an imputes, i.e., a male under 14, or a female under 12 years old. Adscripti, joined to by writing; e.g., adscriptitii glebae, a kind of slaves among the Eomans, attached to and trans- ferred along with the land which they cultivated. Adstipulator, (Rom.), au accessory party to a promise, who received the same promise, in whole or in part, as his principal- did, and could equally exact fulfilment even after death of the principal. Adult, of full age. In civil law, a male who has reached the age of 14, a female who has reached the age of 12. In common law, one who has attained to the age of 21. Adulteration, the offense of mixing cheap or inferior sub- stances with another substance, with the intent that the com- pound may be-sold as pure and genuine. Adulterine, the issue of an adulterous intercourse. Adultery, the voluntary sexual intercourse of a married person with a person other than his or her wife or husband. It was not an indictable offense at common law, but was left to the ecclesiastical courts for punishment. It is made punishable by fine and.imprisonment by the statutes of most of the states, and is a generally recognized ground for an absolute divorce. Advancement, a gift by a parent to a child with the in- A D V 13 A F F tent to vest in him the whole or part of what he would other- wise inherit on the death of the parent, the amount of which is deducted from the distributive share of such child. The pur- chase of land by the parent in the name of the child, or the settlement of a portion on him, is presumed to be an advance- ment. Money paid out for the maintenance or education of a child is not. Advances, payments made to the owner of goods by the factor or cunsignee who is to have possession of the goods for the purpose of selling them. An agent is entitled to-a lien on the goods and the proceeds of their sale for the amount of such advances, and a right of action against the principal for the balance, if the proceeds are insufficient to cover the advances. AdTenture, the sending to sea of a ship or goods at the risk of the sender, to be sold by the supercargo for his benefit. Adversaria, rough memoranda, common-place books. Adverse, opposing; conflicting; contrary to. Adverse enjoyment, or user, the possession or exercise of an ease^ ment or privilege under a claim of right as against the owner of the land. Adverse possession, the actual holding and enjoyment of land under a claim of right which is opposed to or inconsistent with another's claims. Advocate, one who conducts or pleads a cause for another. Advocate- General, the adviser of the crown on questions of naval and military law. See Judge Advocate. Advocate, IiOrd, the principal crown lawyer in Scot- land. • AdvOWSOn, the right of presenting to a church or ecclesias- tical benefice whenever it becomes vacant. It is either ap- pendant, i.e., annexed to some corporeal hereditament, e.g., a manor, by the grant whereof it passes; or in gross, i.e., be- longing to an individual, and not so annexed. Advowsons are also divided into (1) presentative, where the patron presents to the bishop ; (2) donative, one bestowed upon a private individual by the crown without presentation ; (3) collative, where the right of patronage is in the bishop. Advowtry, continuous living in adultery. Aestimatio capitis,. 2., the value of a head. A fine paid for taking human -life, estimated according to the rank and quality of the person killed, ordained by King Athelstane. Aetas infantile (or infantiae) proxima, l., the age next to infancy. Affeer, to assess amerciaments or fines by a jury in courts- leet. Affiance, a plighting of troth, or agreement to marry. AFP 14 AGE Afflant, one who makes oath to a statement. AfS.datus, a tenant by fealty, a retainer. Affidavit, a written statement sworn to before a. person having authority to administer an oath, by a person called an affiant, or deponent. Affiliation, the fixing any one with the paternity of a bastard child, and with the obligation to maintain it. Affinity, relationship by marriage between the husband and the blood relations of the wife, and between the wife and the blood relations of the husband. See Consanguinity. Affirm, to make firm ; to establish. (1) To ratify or con- firm tha judgment of a lower court. (2) To ratify or confirm a voidable contract. Affitrmation, a solemn declaration without oath. The privilege of affirming in judicial proceedings is-now generally extended to all persons who object to taking an oath. Affiarce the assize, to compel a verdict, either by adding to the jury until some twelve agree, or by confining them with- out meat and drink until they agree. The practice is now discontinued. Affi}rest, to turn into a "forest" {q.v.) Affranchise, to make free. Affray, the fighting of persons in a public place to the ter- ror of the people. Affreightment, the contract by which a ship is hired to carry goods. * Aforethought, planned beforehand; premeditated. Aftermath, the second crop of grass. (2) The right to have the last crop of grass or pasturage. Age, the time of life; formerly used as equivalent to fvill age, or majority; that period of life at which infancy ter- minates and the "law recognizes the full capacity of a man to make contracts, convey laud, vote, etc. Males come to full age on the day preceding the twenty-first anniversary of birth. The time at which females come to full age varies somewhat in the different states, as also the time at which infants of both sexes attain to years of discretion, the power to marry, to choose a guardian, etc. Unless otherwise regulated by statute, a male can legally marry (with tho proper consents) at 14; a female at 12; a child under 7 can not be held criminally responsible; and between 7 and 14 there is a presumption of ignorance or incapacity. Agent, one authorized by another (the principal), to do an act or transact business for him, and to bind his principal within the limits of that authority. An agent may be general, to do all business of a particular kind ; or special, to do one AGE 15 All! particalar act; and according to the scope of his authority ia his power to bind his principal. Age prayer, a plea of infancy and request that proceedings be stayed until the infant party becomes of age, formerly used in real actions. Aggravation, that which adds to the enormity of a crime, or is ground for increasing the damages awarded for an injury. See Exemplary damages. Agiler, an observer or informer. Agist, Agistment, the feeding of other men's cattle on one's land for reward. (2) The profit of such feeding. (3) The charging of lands with a certain payment toward maintenance of sea banks. Agnation, kinship by the father's side, as distinct from cog- nation, or kinship by the mother's side. " Agnomen, a name added to the Christian" and surname as a mark of distinction; usually derived from some personal characteristic or achievement. Agreement, the concurrence of two or more minds in any thing done or to be done. (2) A contract, especially one which is not under seal. If under seal it is called a deed. (3) The preliminary heads of a formal contract to be afterward drawn .up. Agreements may be executed, i.e, complete, performed; or executory, where something remains to be done by one or both of the parties ; express, where the terms are stated orally or in writing; and implied, which the law presumes the parties to have made from their acta and surrounding circumstances, though the terms were not expressed. Aids (Auxilia), were originally free gifts from the tenant to his lord, but came afterward to be regarded as a right. They were — (a) to ransom the lord; {b) to make his eldest son a, knight; (c) to portion his eldest daughter. (2) Extraordinary grants to the crown. (3) To aid ia to remedy a defect in plead- ing by some subsequent proceeding, e.g., a verdict. (4J See Writ in aid. Air. The right to a free access of air is the natural right of every one, interference with which by interruption or pollu- tion, unless by virtue of an acquired easement (q.v.), is ac- tionable. An easement of light and air coining over the land of another can not be acquired by prescription in the United States, though the rule is otherwise in England. Alba firma, l., white rents ; rents payable in silver, as dis- tinguishable from rents payable in work, grain, and the like. Alia enormia, l-, other wrongs; words used in the con- clusion of a declaration in trespass. A 1. 1 16 ALL Aliamenta, a liberty of passage, open way, water-course, etc., for the tenant's accommodation. Alias, If {otherwise), a second or further writ, which was is- sued after a former writ had expired without effect. (2) (Soil., dictus), a second name applied to a person where it is doubtful which of two or. more names is his real name. Alibi, I., {elsewhere), a defense resorted to where the party accused, in order to prove that he could not have committed the crime with which he is charged, offers evidence that he was in a different place at the time the offense was committed. Alien, a person of foreign birth who has not become a naturalized citizen. Formerly aliens were- not capable of t^lsing or holding real estate in England or the United States, but these common-law disabilities have been generally removed by statute. Alien ami, or Amy {friend), a subject of a' nation which is at peace with this country. Alien enemy, a subject of a nation which is at war with this oouptry. Alienage, the state of an alien. Alienate, or Aliene, to transfer property. (2) To cause the loss or transfer of a wife's or husband's affections. Alienor is one who transfers to an alienee. Alieni juris, l., under another's authority. See Sui juris. Alimenta, things necessary to support life, as food, clothing, and shelter. Alimony, the allowance made lo a -wife out of her hus- band's estate for her support, either during a matrimonial suit, which is called alimony pendente lite, or at its termination, when she proves herself entitled to a separate maintenance, the fact of marriage being established. Alio intuitu, I., with another intent than that alleged, i.e., not bona fide. Aliter, l., otherwise; otherwise held or decided. Aliunde, I., from elsewhere, from another source, e.g., prioj aliunde. All fours. A case is said to be on " all fours " with an- other, when it agrees with it in the material points. Allegation, a statement of fact made in a legal proceeding. A plaintiff can only recover secundum allegata et probata, i.e., according to the tenor of such of his allegations as he can duly prove. Allegiance, obediehce due from the citizen to the govern- ment. It may be (a) natural, by birth; (6) acquired by naturalization, etc.; or (c) local, during residence in a country. Aller san jour,/?*., to go without day, i.e., to be finally dis- ALL 17 AMB missed from the court, no further day being assigned for ap- pearance. Said formerly of a successful defendant. Allocation, an allowance made upon accounts in the ex- chequer. AJlOCatione facienda, I., a writ allowing to an account- ant such sums of money as he has lawfully expended. Allocatur {U is allowed), the certificate of the allowance of costs by the master on taxation. Allodium, without vassalage. Land held by absolute ownership, and not under any lord or superior. All land in England is held, in theory, of the crown, and can not therefore be allodial. Allograph, a document not written by any of the parties thereto"; opposed to autograph. Allonge, a piece of paper annexed to a bill of exchange or promissory note on which indorsements may be written, for which there is no room on tha instrument itself. Allot, to assign a share, e.g., of land on partition or in- closure, or of stock in a company. Allotment, (l) the share of land or stock allotted. (2) The act of allotting; partition. (3) Allotment note, a document by which a seaman stipulates for payment of part of his wages, at stated intervals, to persons therein named. Alluvion, or AUuvio, land gradually gained from the sea ■or a river by the washing up of sand and soil, so as to form terra firma. The new land belongs to the owner of that to which it is annexed and whereof it forms part. See Avulsion; Derelict lands; Aqua cedit solo. Alteration, changing an instrument, by erasure or addi- tion, so as to alter its sense or effect. A mateiial alteration is one which affects the rights of parties under the instrument, or may do so, and avoids the instrument if made by on? of the parties without the consent of the other. Alternative writ, one which commands the defendant to do the thing required, or show cause why he should not do it. Altius tollendi, I., (Kom.), the right tft build one's house as high as he may think proper. Amalgamation, the union of two incorporated companies or societies by one being merged in the other. (2) The mar- riage of people of different races, as of whites with blacks. Ambassador, a representative sent by one sovereign or country to another, with authority to treat on affairs of state. His person is protected from civil arrest, and his goods from seizure. His is the highest rank among diplomatic officials. Amjbidexter, I., {one who uses both hands), a juror who AMB " 18 ANC takes bribes from both parties to influence his verdict. See Embracej'or. Ambiguity, doubtfulness, obscurity. There are two species of ambiguity (a) patent, i. e., apparent on the face of the instru- ment, which may not be supplied or explained by extrinsic evidence, i.e., evidence not contained in the instrument itself; (6) latent, where the instrument being apparently free from obscurity, a doubt arises in carrying it into execution; e.g., from a name used in it being applicable to two persons or things. In such ease extrinsic evidence is admissible. Amendment, a correction, or alteration of any pleading, or statement in a cause or matter. (2) An addition to, or modifi- cation of an existing constitution, or law, duly adopted or en- acted. Amentia, insanity, idiocy. Amercement, or Amerciament, a fine assessed by a jury, hot, as is usually the case, fixed by the court or by statute. Amicus curiae, I., {friend of the court), a stander by, not being a party to, or interested in the cause, who informs the court of any decided case, statute, or other fact, of which it can take judicial notice. Amnesty {non-renf,e.mbrance), an act of pardon or oblivion, by which crimes against the government up to a date therein named are condoned, so that they lean never thereafter be made the subject of a charge. An amnesty may be general, to all' concerned in the otfense, or parUeular, to one or more. Amortization, or Amortisement, an alienation of lands in mortmain {g.v.). (2) The payment off' of bonds, stock, etc. Amotion, Amove, to remove (1) from possession; (2) from a post or office. Ampliation, an enlargement of time; a deferring of judg- ment till the cause be further examined. Amy, or Ami, usually called prochein amy, the next friend (as distinguished from the guardian), suing on behalf of an in- fant, etc. An, jour, et waste, fr., (year, day, and waste), a right of the crown to forfeit a felon's lands for a year and a day, and to commit waste thereon. Now abolished. Ancestor, a forefather; one from whom another has de- scended lineally. More strictly, in law, he from whom another inherits real estate. Ancient demesne, a tenure existing only in those manors which belonged to the crown in the reigns of Edward the Con- fessor and William the Conquevor. The tenants are freeholders, and enjoy certain immunities, the chief of which is a right to sue and to be sued only in their lord's court. A N C 19 ANN Ancient lights, windows which have had uninterrupted access of light for twenty years and upwarcl. The prescrip- tive right to light which they thereby acquire is called ancienty of light. In most of the United States this right can not be acquired except by express grant. Ancient messuage, a house erected before the time of legal memory, i.e., the reigu of Bichard the Pirst In practice, any house is ancient which was built before the time of living memory, and the origin of which can not be proved to be modern. Such houses frequently have certain rights (e.g., oi common) attached to them, which extend to houses built on the same sites afterward. See PrescHpiion. Ancient writings, documents more than thirty years old, These are presumed to be genuine without express proof, when coming from the proper custody. Ancillary, that which is subordinate to, or assists, some other thing, e.g., ancillary administration. Angel, an ancient English coin of tbe value of ten shillings. Aniens, or Anient, void; of no force or effect. Animal, any animate being endowed with the power of voluntary motion. Animals (excluding human beings) are either (a) mansueiae, tame or domesticated, or [b) ferae naturae, wild. The latter are tbe property of any one who catches and keeps them; but being by nature irreclaimable, they cease to be his as soon as they get their liberty again. In the caseof certain animals [e.g., pigeons), escape from the actual control of their owner does not affect his property in them, so long as they have the intention, or habit, of returning. At common law, only/eroe •mansueiae and ferae naturae which had been re- claimed or domesticated and were in the actual control of their owner were subjects of larceny. Animus, mind; will; intention. Animo cancellandi, with intent to cancel. Animo capiendi, with intent to take. Animo furandi, with intent to steal. Animo lucrendi, with intent to profit. Animo manendi, with intent to remain. Animo revertendi, with intent to re- turn. Animo revocandi, with intent to revoke. Animo testandi, with intent to Biake a will. . AnnatS, Annates, the first-fruits of a: spiritual living, viz., one year's profits. .AJani nubiles, I., the age at which a girl is, by law, fit for marriage; under the common law, the age of 12. Annuity, » periodical payment of money, either bequeathed as a gift, or secured by the personal covenant or bond of the grantor. It is charged either upon personalty or realty, and may be either perpetual, for life, or for years. If perpetual, it ANN 20 A P P may be limited to the heirs {annuity in fee), or to tlie executors of the grantee [annuitant). Annul, to make void; to deprive of operation ; e.51., a decree, deed, contract, etc. ■ Annus deliberandi, I; the year (now six months) allowed by the Scotch law for the h^ir to deliberate whether he will enter upon his ancestor's land and represent him. Annus luctus, I., the year of mourning ; the year after her husband's death, during which a widow was not allowed to marry by Koman, Dalnish, and Saxon law. Annuus redilus, l., a yearly rent; annuity. Answer, the defendant's statement of his case. (2) A statement under oath, in reply to' interrogatories contained in a bill in equity, or annexed to a petition under modern code practice. Ante, I., (before), a word used to refer to a previous part of the same book or statement. Antedate, to date an instru- ment before the day of its execution. Ante litem motam, before suit brought. Antenati, those born before a certain period, e.g., before the Declaration . of Independence. Ante nuptial, before marriage. See Settlement. Antichresis, (Kom.), an agreement by which the debtor •gives the creditor the use and income from the land, or thing pledged, in lieu of interest on his debt. See Welsh mortgage. 'Anticipation, doing a thing before its proper time; e.g., dealing with or distributing properly, income, etc., before the time fixed by the deed, or will conveying the same. Antigraphy, a copy or counterpart of a deed. Antiqua statuta, 1-, ancient statutes. Specifically applied to the English statutes from Richard V. to Edward III. Apanage, or Appanage, originally the lands assigned by kings of France for the maintenance of their younger sons; (2) a possession of the crown. Apertura testamenti, (Kom.), a form of proving a will by acknowledgment of the witnesses before a magistrate. Apograph, a copy, an inventory. Apparitor, a messenger, who cites and arcests oflenders and executes the decrees of the judges of the spiritual courts, Appeal, an application by an appellant to a higher court to rectify the order of the court below. The opposite party is then called the respondent, or appellee. The manner of taking appeals, and the cases which may be appealed, are regulated by statutes. (2) Of felony, under the old law, was a criminal pro- ceeding brought by one person against another, the ground for which was the particular injury done by the appellee to the A P P 21 A P P appellor: e.g., by a widow against the murderer of her husband. Abolished by 59 Geo. III. c. 46. Appearance, a formal submission to the jurisdiction of the court by a party to a suit. It can be made in person ; by an at- torney duly authorized; or by a guardian or next friend, where the party is an infant or under some other disability. Appellate jurisdiction, the power of a superior court to review the decision ofran inferior court. Appendant, a hereditament annexed to another, eg., an advowson is said to be appendant to a manor. See Common. Priiperly speaking, that only which is annexed by implication of law is appendant, all others being appurtenant. (q.v.). Appointee, a person selected for a particular purpose. (2) The person in whose favor a power of appointment is executed. Appointment, (l) The designation of a person for a par- ticular office. (2) Under a, power, a gift or distribution of property made by a person (called the donee of the power, or appointor), under a power given him by some instrument. iJuch po'wers may hegeneral, i.e., authorizingthe donee to appoint to any one he pleases, ot particular, i.et, limited to certain spe- cified persons. An appointment \i exclusive \i limited to cer- tain individuals out of the particular class specified by the power; Married women are often given a power of appointing by will, so as to avoid the necessity of obtaining their husband's consent. 'Apportionment, a division of a rent, common, etc., ac- cording to the interest of the various parties therein. (2) The allowance to a party, who has performed part of a divisible con- tract, of a proportionate part of the stipulated compensation for the whole. (3) The determination of the amount whicTi each of the parties interested in an estate must pay to clear ofi' an incumbrance, satisfy an annuity, etc. Appraisement, a valuation; generally required by law to be maae of the goods of an intestate, or insolvent, or of goods attached or replevied. Apprentice, one bound by indentures to serve a tradesman, or artificer, who covenants in turn to teach him his trade, art. or mystery. Appropriation, the setting apart of money or goods to meet a particular demand. (2) The application of a payment made by a debtor to his creditor to the whole or partial dis- charge of a particular debt, as expressly or impliedly requested by the debtor at the time payment is made, or, in default of that, as the creditor may wish. (3) Statutory provision for the support of the government, or the payment of its various debts and obligations. (4) The annexing.of an ecclesiastical benefice A P P ' 22 ABC to the perpetual use of a religious body, which thus becomes the patron. See Impropriation. Approve, to approve, under the statute of Merton (20 Hen. III. c. 4), was to appropriate and inclose portions of the waste land of the manor. Approver, or Prover, an accomplice in crime, who, while confessing himself guilty, accuses others of the same offense, and is admitted as a witness, at the discretion of the court, to give evidence against his companions in guilt. He is some- times called » Queen's (or State's) evidence." ' ■Appurtenant, pertaining or oelonging to, by grant or pre- scription. See Appendant; domrnon. Appurtenances, in con- veyancing, is a general term for that which passes with the principal subject of the grant, such as liberties and easements. Aqua, I; water. Aquae ductus, Aquae haustus, Aquae immittendae, (scil. jus.) are rights under Roman law (a) of carrying a water-course through another's land; (b) of drawing water from the fountain, pool, or spring of another ; (c) of having the water from one's house run upon and over a neighbor's land. Arbitrary punishment (Sc), such as is left to the discre- tion of a judge, and nut deiined by statute. Arbitration, the submitting of a matter in dispute to the judgment of one^ two, or more disinterested persons, called arbitrators, whose decision, called an award, is binding upon the parties. In most of the states, arbitration is provided for by statute, and the award may be made a rule of court. Arbitrement and award, the technical plea in an old common-law action, tliat the parties had submitted the matter to arbitration, and an award had been. made. Area cyrographica, a chest wherein all the contracts, mortgages, and obligations belonging tc the Jews were pre- served to prevent fraud, by order of Kichard I. Archaionomia, a collection of Saxon laws, published dur- ing the reign of Queen Elizabeth, in' the Saxon language, with a Latin version by Mr. Lambard. Archbishop, the chief of the clergy in his province, where he is, under tliB queen, supreme in all ecclesiastical causes, and superintends the bishops. The Archbishops of Canterbury and Arinaa;h are respectively called the Primate Of all England Hiidofall Ireland; those of York and Dublin the Primate of England and of Ireland, and are inferior in rank. Archdeacon, " substitute for, and next in dignity and authority to, llio bif^hop. He has an ecclesiastical jurisdiction and court. Arches Court, a court of appeal belonging to the Arch- ARC 23 A R fi, bishop of Canterbury, the judge of which is called the Dean of the Arches, because his court was anciently held in the church of Saint Mary-le-Bow (^Sancta Maria de arcubus), so named from the steeple, which is raised upon pillars, built archwise. Archetype, the original type, or copy. Archives, a chamber or place where ancient records, char- ters, etc., are kept. (2) The records, etc., themselves. Argument, the process of reasoning, or drawing inferences. (2) The discussion of a legal point by counsel. (3) The infer- ence itself. There are several distinct kinds of argument to ■which diflFerent nanTGs have been assigned, e.g.: (a) Ab auc- ioritate, from authority; [b) ab inconvenienti, founded on the hardship of the case, of force only when the law is doubtful; (c) ad hominem, i.e., founded on the individual circumstances or experience of the person to whom it is addressed; (rf) ad verecundiam, i.e., the appeal to respect for authority ; (e) aa ig- norantiam, founded on the inability (through ignorance) of the opposing party to reply ; {f) ad baculum, the appeal to force; (g) ad misericordiam, the appeal to compassion. Argument IS also divided into (a) a priori, from the antecedent or cause to the generally understood consequent or effect; and so in or^ dinary parlance ^^"■^'"'^'"^^"^"^''^■'^''^'g'^*')" (*) aposteriori, from the consequent or effect to the antecedent, or cause. Argumentative, the quality of a pleading or afiBdavit which states, not merely the facts, but the conclusions of law to be drawn from them; or which leaves that on which the pleader relies to be inferred instead of being expressly stated. Such pleading is improper. ♦ Armiger, an armor bearer ; esquire. Arms, any thing carried for defense, or used to inflict in- jury on the person of another; including every thing with which one strikes, or which one may throw, as well as guns, pistols, swords, etc. Arraign, to bring a prisoner to the bar of the court to answer the matter charged upon him in the indictment. It consists of three parts, (a) calling him by name, (6) reading him the indictment, (c) asking him if he be guilty or not guilty. He may then plead " guilty " or " not guilty," or stand mute, which is, in effect, the saihe as a plea of "not guilty." Array, the whole body of jurors summoned to attend a cdurt. Arrears, Arrearages, money, e.g., interest, rents, etc., overdue and unpaid. Arrest, the seizing of a person and detaining him in custody by lawful authority. (2) The seizure and detention of personal chattels, especially of ships and vessels libeled in a Court of ARR 24 ART Admirality. (3) Arrest of judgment, the refusal of a court to give judgment, notwithstanding a verdict, which may occur when there is some substantial error appearing on the face of the record which vitiates the proceeding, or when it appears on the face of the record that the plaintiff is not entitled to it. Arrestment (Sc.), a process of attachment, corresponding to garnishment, or trustee process, in other countries. The judgment debtor is called the arrestee; the garnishee, the com- mon debtor; and the judgment creditor, the arrester, or user of the arrestment. Arretted, charged, imputed, or laid unto. Arrha, an earnest; evidence of the striking of a bargain. Arrogatio (Kom.), adoption of a person of full age ; adopHo being that of a person under age. Arson, the malicious firing of a house or other building. -Art and Part (Sc). One is "art and part guilty" who orders, incites, counsels, and assists a criminal in the execution of a crime. "To have neither art nor part" is to be neither contriver nor participator. Article, a complaint' exhibited in the Ecclesiastical Court by way of libel. (2) The different parts of a libel, or of a respon- sive or counter allegation in the Ecclesiastical Courts. (3) A clause or paragraph of a, document or written instrument. Articles of agreement, a written memorandum of the terms of any agreement. Articles of association, the regulations of a company. Articles of Faith, or Religion, the thirty-nine articles agreed on by convocation in 1562, con- stituting the statemefit of the faith of the Church of England. Articles of Confederation, the compact of union adopted by the thirteen original states March 1st, 1781, superseded by the Constitution of the United Stales. Articles of impeach- ment, the written statement of the grounds for removing a person from office. Articles of partnership, the written terms on which two or more persons associate as partners. Articles of the peace, a complaint on oath made to a court that the applicant goes in fear of his life or of bodily harm from the threats of another persi>n, from whom sureties of the peacH are thereupon taken for such a length of time as the court shall think necessary. Articles of war, the code of laws estab- lished for the government ofthe armjr. Articled clerk, a pupil of a solicitor, who undertakes, by articles of clerkship containing covenants mutually binding, to instruct the pupil in the principles and practice of the pro- fession. Artificial person, a body, corporation, or company, con- sidered in law as an. individual. A S C 26 ASS Ascendants, the progenitors of a person in a direct line. Ascriptitius (Eom.), a naturalized foreigner. Asportation, carrying away or removing goods. In all larcenies, there must be both a talcing and a carrying away. Assaiilt, strictly speaking, is a threatening to strike or barm; if a blow be struck, it is battery (?.«.). Assaults are common or aggravated, the former being those for which no special punishment is prescribed by the law; the latter being made with an intent to commit some additional crime, as rape, murder, or robbery. An assault is in civil law a tort, for which damages are recoverable. Assay, the testing of weights and measures and of coins. Assembly, the meeting of a number of persons in the same place. General Assembly, the whole body of legis- lators, i.e., the senate and house of representatives. Unlaw- ful assembly, the meeting of three or more persons to do an unlawful act. Assent, approval of something done. It may be express, i.e., openly declared; cr implied, i.e., presumed by law, as when the thing done is for the person's benefit and he makes no ex- press dissent. Assess, to rate or ascertain the value of a man's property for taxation. (2) To charge a certain, proportion of the cost of a public improvement on persons or property peculiarly benefited thereby. (3) To fix the amount to be paid on each share of stock of an incorporated company for the purposes of the corporation. (4) To fix the amount of damages to which the prevailing party in a Suit is entitled. Assets, property available for the payment of the debts of a person or corporation. The assets of a deceased person are: (1) real, which descend to the heir, and can be applied to the payment of debts only when the personal assets do not suffice; and personal, which go to the executor or administrator; (2) legal, i.e., those which come to the hands of the executor by virtue of his office; or equitable, i.e., those which can only be reached by help of a court of equity. See Marshaling of Assets. Assign, to transfer property, especially rights in action. Tho person making the assigrimentSi called the assignor ; the person receiving it, the aisignee. (2) To allot or set oS, e.g., a widow's dower {q.'«.). (3) To point out or specify, e.g., the errors com- plained of on the trial of a case in the court below. Assisa, assise, or assize, an ordinance or statute, e.g., assisa armorum, »■ statute ordering the keeping of arms. Assisa de foresta, a statute regulating conduct in and about the king's forests. Assisa panis, a law regulating the price Ass 26 AS§ of bread. (2) A sitting together; a session of the court; legal proceedings. (3) The jury, who sit together for the purpose of trying a cause. Hence the judicial assemblies held by the queen's commission in every county, as well to take indict- ments as to try causes at nisi prius, are commonly^ termed the assizes. There are two commissions: (I.) General, which is issued twice a year to the judges of the High Court of Justice; two judges being usually assigned to every circuit. The judges in this case have four several commissions: (a) Of oyer and terminer, directed to them and many other gentlemen of the county, by which they are empowered to try treasons, felonies, etc. This is the largest commission. (6) Of gaol delivery, di- rected to the judges and the clerk of assize associate, empower- ing them to try every prisoner in the gaol committed for any offense whatsoever, so as to clear the prisoners, (c) Of nisi prius, directed to the judges, the clerks oj assize and others, by which civil causes, in which issue has been joined in one of the Divisions of the High Court of Justice, are tried on circuit by a jury of twelve men of the county in which the venue is laid, (rf) A commission of the peace, by which all justices are bound to be present at their county assizes to give attendance to the judges, or else suffer a fine. (II.) The other division of com- missions is special, granted to certain judges to try certain causes and crimes. Assize of darrien presentment, a real action which lay against any one who interfered with the plaintiff's right to present to a beinefice. Assize of mort d'ancestre, a real action against an abator (g.v.). Assize of novel disseisin, a real action which lay when one had recently been disseised. Assize of nuisance, an action which lay, when something had been done which worked an injury to plaintiff's freehold, to abate the nuisance and recover damages. Assizer of utrum, an action by a parson to recover lands which his predecessor had allowed the church to be de- prived of improperly. Assisa cadere to be non-suited, as when there is such a plain legal insufficiency in an action that the plaintiff can not successfully proceed any further in it. Assisa continuanda, an ancient writ addressed to the jus- tices of the assize for the continuation of a cause, when certain facts put in issue could not have been proved in time by the party alleging them. See Grand Assize Assistance, writ of, a writ issued to the sheriff to carry out a decree of the court by putting the parties in possession ; apparently first employed in the reign of James I. Assisus, rented or farmed out for such an assize, or certain assessed rent in money or provisions. Associate, was an officer in each of the Courts of Common ASS 27 ATT Lsw, his duties being to superintend tlie entry of causes, and to enter verdicts and draw up the Certifloates of judgments and orders at iVisi Prius. See Postea. Since the J udicature Act, associates are styled masters of the Supreme Court, of whieli they are now officers. " , AsSOCia>tioil, a collection of persons for a certain purpose. (2) A writ or patent sent by the crown to the justices appointed. ■ to take assizes, to have others (sergeants at law, for instance) associated with' them; it is usual where a judge becomes unable to attend to his circuit duties, or dies. Assoile, to deliver from excommunication ; to acquit. Assumpsit, I., (he has undertaken), the name of an action which lay for damage for breach of a simple contract, i.e., one not under seal. It was a species of action on the case [g-v.). Assurance, or common assurance, the legal evidence of the transfer of property. See Conveyance. (2) See Insurance. Assurer, one who undertakes to indemnify another, called the assured, against risks or dangers; an underwriter. See Insurance. Assythment, damages recoverable by the heirs or repre- sentatives of a person killed, from the person killing. At arms length. One who stands toward another in such a position as to have an advantage of him, is bound, on a pro- posal for a contract between them, to divest himself entirely of that authority, influence, or advantage which he possesses, so as to place himself on an equality, and to let the negotiation proceed as between two independent persons. This is called putting at arms length. It is most frequently applicable to . transactions between solicitor and client, trustee and cestui que trust. AtavUS, the great grandfather's or great grandmother's grandfather. The ascending line of lineal ancestry runs thus: — Pater, Avus, Proavus, Abavus, Atavus, Tritavus. Atheist, one who does not believe in tlie existence of a God. At common law, such persons were incompetent as witnesses. Attachment, the seizure and taking into custody of the law of the person or property of a party to the suit, either in anraction. already begun, e.g., to punish for contempt of court, or at the beginning of an action to acquire jurisdiction, or to secure possession of property which the defendant is seeking to conceal or dispose of fraudulently. When debts are at-, tached, the process is called trustee process (q.v.), or garnish- ment {q.v.). (2) The writ or order in pursuance of which the seizure is effected. Attachment of privilege. When a person, by virtue of his privilege, calls another into that court to which he hi-nself ATT 28 ATT belongs, to answer some action. (2) A power to apprehend a person In a privileged plac^. Attainder, the extinction of civil rights which resulted (until 1870, when it was finally abolished) from a sentence of death or outlawry for treason or felony. The chief conse- quences were forfeiture of the criminal's property, corruption of his blood, so that no title could be traced through him, and incapacity to sue in a court of justice. Attaint, under attainder. (2) writ of, issued to inquire whether a jury gave a false (i.e., corrupt) verdict, so that the judgment following thereupon might be reversed. Attempt, an intent to commit a crime, combined with an act which falls short of the thing intended. Attendant term. See Term. Attentat, a proceeding wrongfully attempted by ajudge in a suit, which has been removed from his court to a higher by apjaeal. » Attermining, granting time for payment of a debt. Attestation, evidence by witnesses to the execution of any instrument. Attestation clause, the sentence subscribed to a written instrument, signed by the witnesses to its execution, stating that they have witnessed it. They are then attesting witnesses, and can be called at any future time to identify the instrument and prove its due execution. Attested copy, a verified transcript of a document. Attorney, one appointed by another to act in his place. Attorney at law, an officer in a court of justice employed by a party to represent him and manage his case. Attorney in fact, one appointed to act for another in a private matter, or for a special purpose, designated in the instrument of ap- pointment called a Power of Attorney (_q.v.). Attorney- General, the principal counsel of the. crown, who conducts prosecutions on behalf of the crown. If required (see Public Prosecutor), and represents the crown in matters connected with charities and patents. He also is responsible in the House ot Commons for the Government of the day in all questions of law. The Prince of Wales and the Queen Con- sort have each an Attorney- General. (2) An officer appointed by the President, whose duties are to appear for the United States, in all suits in the Supreme Court to which the United States is a party, and to give his opinion on questions of law when requested by the President or the heads of departments. He is a member of the cabinet {q.v.), and the head of the De- partment of Justice. ' (3) An offiqer with similar duties, elected or appointed in each of the states. ATT 29 A U T Attornment, the acknowledgment of a new lord on the alienation of land. (2) The agreement of the owner of a parti- cular estate in land to attorn to, or become the tenant of, a person who has acquired the estate next in reversion or re- mainder, or the right to the rent or other services by which the land is held. Auction, a public sale of property to the highest bidder, usually conducted by a person licensed for that purpose, who is called the auctioneer, and who is regarded in law Sis the agent of both vendor and purchaser, for the purpose of binding them by his memorandum of sale. Audience Court, a court of the Archbishop of Cante'fbury, having the same authority as the Court of Arches, but inferior in dignity. Audiendo et terminando, l-, a writ or commission to cer- tain persons to appease and punish any insurrection or great riot. Audita querela [defendentis], I, an equitable action whereby a -person against whom judgment had been given might prevent execution, on the ground of some matter of defense which there was no opportunity of raising in the original action. Now generally abolished by statute, and superseded by proceedings on motion to set aside the judgment in the court which rendered it. Auditor, one who examines accounts. The officer of the government charged with the duty of examining the accounts of officers who have received and disbursed public moneys. (2) An officer appointed by the court to take and state an account between parties to a suit. Aula, I; a hall, or palace. Aula ecclesiae, the nave of a church, where temporal courts were anciently held. Aula Regis, or Begia, a court established by "William the Con- queror; it was composed of the great officers of state, and fol- lowed the king's household in all his expeditions. Out of this grew the^Court of King's Bench, Cowrt of Common Fleas, and Gourt of Exchequer {?•".). Aurum Beginse, l-, (Queen's gold), anciently a revenue of the queen consort, due from every person who made a volun- tary oflFering or fine to the king amounting to ten marks or up- ward, for some privilege conferred upon him by the king. Auter, or Autre,/?"., another. Autre action pendant, a plea that another suit for the same cause is already pending. Autre droit, in right of another; e.g., a trustee holds in the right of his cestui que trust. Autre Vie, for or during the life of another; e.g., an estate for the life of another, wbictl is the lowest estate of freehold koAwn to the law. A U T 30 AVE Authentic act, that which has heen executed before a no- tary or other public officer, duly authorized, or which is at- tested by a public seal, or has been rendered public by the authority of a competent magistrate, or which is certified as being a copy of a public register. Authentication, an attestation made by a proper officer, by which he certifies that a record is in due form of law, and-that the person who certifies it is the officer appointed so to do. Authentics, a collection of the Novellae Constitutiones (additions to the Code) of Justinian, made by an anonymous author. Authority, power or right conferred on a person ; usually by another to act on his behalf, so that the person authorized may do such act without incurring liability. Bee Agent. (2) A public officer or body having certain powers or jurisdiction. (3) Decided cases, opinions of text writers, and the like, cited in arguments. Auto da fe (Act of faith), public readings of trials and sen- tences of the Inquisition. Autrefois,/?-., formerly. Autrefois acquit, Autrefois attaint. Autrefois convict, pleas in criminal eases that one has already been acquitted oii the same charge; or attainted, so that he can not be prosecuted for another felony ; or con- victed on the same charge, not good if the former Judgment was reversed for error. Auxilium, I., an aid. Auxilium curiae, an order of court summoning a person at the suit of another to appear and warrant something. Auxilium regis, the king's aid ; money levied in former times, when the sovereign provided out of his privy purse for many departments of the public service. Auxilium vicecomiti, a duty formerly paid to sheriffs for the better support of their offices. Aval, surety for payment. Avenage, payment in oats made by a tenant to hia landlord for rent, etc. Aver, (1) a beast of the plow (see Averium). (2) The rent paid for plowed land, whether in corn, money, or services. (3) To prove to be true. (4) To allege as true (in pleadings), wnence Averment. Average, (!) A service which a tenant owes to his lord by doing work with his avers or beasts. (2) A contribution, or ad- jiistment of loss, made by merchants when goods have been thrown overboard for the safety of a ship. It is either general, i.e., where the loss having been incurred for the general benefit, the owners of the ship and all that have cargo on board con- AVE 81 A W A tribute proportionately toward making good the loss; orjoar- ttcular, where the loss has been accidental, or not for the general benefit, and therefore there is no general contribution. An average bond is a deed executed by the several persons liable to contribute, empowering an arbitrator to assess the amount of their contributions. See General Average. (3) A small duty paid to masters of ships over and above the freight | known also as primage and average. Averiis captls in withernam, a writ granted to one whose cattle were unlawfully distrained by another and driven out of the county in which they were taken, so that they could not be replevied by the sheriff. Averium, the best live beast, due to the lord as a heriot on his tenant's death. Aversio, a turning away; a sale in gross or in bulk. Aversio periculi, a turning away of peril ; used of a con- tract of insurance. AvitioilS, left by a person's ancestors. Avoidance, of a benefice, takes place when it is void of an incumbent, in which sense it is opposed to plenariy. (2) The making of a transaction or instrument void, or of no effect. (3) See Confession. AvOTieher, the calling upon a warrantor to fulfill his un- dertaking. Under the feudal system, when the tenant's title was impugned, he avouched (or vouched) his landlord to defend his right. See Vouch. Avowry, a declaration. (2) A pleading in an action of re- plevin brought to recover property taken in distress, in which, the defendant acknowledges the taking, and, setting forth the cause thereof, justifies his right to do so. Avowterer, Avouterer (Avowtry), an adulterer. Avulsion, land suddenly separated by an inundation or current from other land of which it originally formed part. See Alluvion. Avus, a grandfather. See Aiavus. Award, (1) to adjudge, or assess, e.g., damages. (2) The de- cision of an arbitration, which is binding on the parties, unless set aside on the ground of mala fides on the part of the arbi- trator, or some palpable mistake in the award, or a misconcep- tion by him of his duty. When a submission to arbitration (q.v.) is made a rule of court under statutory authority, the award can be enforced like the judgment of a court of law. . Away-going (or Way-going) crops, those sown during the last year of a tenancy, but not ripe until after its expiration The right which an out-going tenant has to enter, cut, and take an away-going crop when ripe is sometimes given to him by A W M 32 B A I the express terms of the contract; but, where that is, not the case, he is generally, entitled to do so by the castom of the country. Awm, a measure of wine containing forty gallons. Ayant cause, a receiver; also, a successor, or one to whom a right has been assigned, either by will, gift, sale, or the like. Ayle, a grandfather. Baoktaerinfle, or Baekverinde {bearing upon the bapk), used formerly of a thief apprehended with the things stolen in his possession. Back-bond (So.), a deed, usually separate, attaching a qualification or condition to the terms of ah absolute disposi- tion, and thus constituting a trust. Backing, indorsing. Backing a warrant, indorsing a warrant issued by a justice in another county, so as to au- thorize its service in the county to which it is sent, done by a • justice of the latter county. Backside, a 'yard at the back part of or behind a house. Back water, water checked or turned back in its flow by a dam or other obstruction. At common law, a riparian pro- prietor had no right to obstruct the flow of water, unless he ac- quired it by grant or prescription, and was liable to an action on the case for damages for flowing lands above his own, or diminishing the flow of water through lands below. Bad, the technical word for unsoundness in pleading. Badger, a person who buys corn or victuals in one place, and carries them to another to sell and make proflt by them. Baggage, wearing apparel, and such other articles as are necessary to the comfort and convenience of a traveler, and carried with him in bags or trunks, as distinguished from mer- chandise. The distinction is important in the law of common carriers. Bail, to set at liberty a person arrested or imprisoned, on security (or bail) being taken for his appearance on a day, and at a place named. The term is applied, as a noun, to the per- sons who become security for the defendant's appearance; to the act of delivering such defendant to his bondsmen ; and also to the bond given by the sureties to secure his release. Set ween bail and mainpernors there is this marked distinction ; main- pernors are merely a person's sureties, who can not imprison him themselves to secure his appearance, but bail may, for they are regarded as his jailers, to whose custody he is committed. The word " bail" is never used with a plural termination. See B A I 83 B A I Bailable. There are several kinds of bail at common law: (1) Common bail, or bail below, is given to the sheriff, after arresting a person, on a bail bond (q.v.) entered into by two or more sureties, on condition that tae defendant appear at the day and in such place as the arresting process commands. (2) Special bail, or bail above, or bail to the action, are persons who undertake generally, after appearance of a defendant, that if he be condemned in the action, he shall satisfy the debt, costs, and damages, or render himself to the proper prison, or that they, will do it for him. (3) Bail on an attachment, given when a defendant is arrested upon a writ of attachment, to se- cure his appearance in court whenever required to answer such matters as may be charged or objected against him. Bail bond, the bond talten with sureties at the ^ime the defendant is released, conditioned for the due appearance of such defend- ant. Bail Court, sometimes called the Practice Court, was an auxiliary of the Court of Queen's Bench, wherein points connected with pleading and practice and common motions were determined. Bsil-piece, a piece of parchment con- taining the names of special bail, with other particulars; which, being signed by a judge, is filed in the court, in which the ac- tion is pending; whereupon notice of the bail having justified {i.e., been approved) is then given to the opposite party. Bailable, an arresting process is said to be bailable when the person arrested may obtain his liberty on giving bail ; e.g., a capias on mesne process is bailable; a capias ad satisfaciendum, is non-bailable. In criminal cases, the defendant may gener- ally be admitted to bail, unless he is charged with a capital offense. Bailee, a person to whom goods are intrusted for a specific purpose. See Bailment. Bailie (Sc), a magistrate, Bailiflfi an officer who puts in force an arresting process ; a sheriffs officer. He usually gives security to the sheriff against liability for his actions, hence bum-bailiff, i.e., bound-bailiff. Bailiwick, (1) the jurisdiction of a bailiff. (2) A county, (3) A liberty exempted from a sheriff, over which a bailiff is appointed by the lord of the liberty or franchise, with such powers within his precinct as an under-sheriff exercises under a sheriff. Bailment, a compendious expression to signify a contract resulting from the delivery of goods by a bailor to a bailee, on a promise by the latter to return them when the purpose is ful- filled, for which they were delivered. Bailments are divisible into three kinds : \l) Those in which the trust is exclusively B A I 84 BAN for the benefit of the bailor, or of a third person,, when the - bailee is liable for gross negligence only. (2) Those in which the trust is exclusively for the benefit of the bailee, who is then bound to the very strictest diligence; and (3) Those in which the trust is for the benefit of both parties, or of both or one of them and a third party, when the bailee must exercise an or- dinary and average degree, of diligence. (1) embraces de- posits, and mandates ("deposiium," " mandaium" ) ; (2) gratui- tous loans for use ("commodatum ") ; and (3) pledges or pawns, hiring, and letting to hire (" locatio et conductio"), a,ndi carriage. See Carrier. Bailor, or Bailer, a person who commits goods to another person (the iailee) in trust for a specific purpose. Balance -order, an order served on a contributory to a company to pay up the balance of a call due from him. . Ballastage, a toll paid for the privilege of taking up bal- last from the bottom of a port or harbor. Ballivo amoveudo, l., an ancient writ to remove a bajl- ifiF from office. Ban, or Bann, a proclamation, or public notice, or summons, or edict, whereby a thing is commanded or forbidden. Hence bannire, to summon, and banns, in the plural, the publication of an intended marriage. (2) A denunciation or curse. Bane, or Bancus,/?"., abenoh; the seat of judgment. The Bitting together of all the judges of a supreme or superior court, or a quorum thereof, is termed sitting in bane, as distin- guished from their separate sittings at nisi prius, in chambers, or on circuit Bancus Begis, or Eeginae, the Court of King's or Queen's Bench. BancuS Commuuium Placi- torum, the Court of Common Pleas. BanCUS Superior, the Upper Bench, or Superior Court. Bandit, a man outlawed, put under-the ban of the law. Baneret, or Banneret, a knight made on the field of bat- tle. He ranks next to a baron. Banishment, a forsaking or quitting the realm, entailing civil death It is of two kinds: — one, voluntary and upon oath, called abjuration; the other upon compulsion, for some oflFense Bank, an institution, generally incorporated, authorized to receive deposits of and to lend money, and to issue promissory notes, payable on demand, known as bank notes, or to perform some one or more of these functions. Since the National Bank Act, June 3, 1864 (v. 13, p. 100), none but banks duly incor- porated under the laws of the IJnited States, and complying with the terms and conditions of that act, can isssue bank-notes. Bankrupt, broken up ; ruined; insolvent. A bankrupt is BAN 85 BAB one who has failed in business, is unable to pay his debts as they become due, or who does, or suffers to be done, certain acts calculated to defraud his creditors, or some of them, which are declared by law to be acts of bankruptcy. At present there is no bankruptcy law in force in the United States, and insolv- ents are dealt with under the laws of the several slates. The principal bankrupt acts which have been in force in the United States are those of April 4, 1800, repealed December 19, 1803; August 19, 1841, repealed March 3,1843; and March 2, 1867, repealed June 7, 1878. The principal bankrupt acts passed in England are those of 34 and 35 Henry VIII.; 6 Geo. IV. 0. 1, b, and the consolidating acts of 1824, 1849, 1854, 1861, and 1869. Bannitus, or Banniatus, an outlaw ; a banished man. Bannuui, or Banleuga, a ban ; the bounds of a manor or town. Bar, a partition running across the courts of law, within which solicitors, being officers of the court, are admitted, as are also queen's counsel, barristers with patents of precedence, and sergeants, in virtue of their ranks. All other barristers and the public must remain outside it. Parties who appear in per- son are placed within the bar on the floor of the court. In the United States generally the distinction between attorneys and counsellors, or barristers, is abolished, and the whole body of the legal profession is called " the bar." A man is " called to" or " admitted to the bar" when he is authorized by a court to practice before it. The case on trial is frequently called the case at bar, but in England this expression applies only to cases tried before a full court of three or more judges of the Supreme Court, instead of a single judge at nisi prius. (2) A legal ob- stacle. To bar a debt or entail is to destroy it. Bar, plea in, a pleading showing some ground for barring or defeating an action at common law. Bare, or dry, trustee, one whose active- duties have come to an end, so that he can be compelled by his cestui que trust to convey the property according to his direction. Bar-fee, or barr-fee, a payment formerly taken by a sheriff or jailer from an acquitted prisoner. Bargain and sale, an agreement for sale of goods which passes the property at once. (2) A form of conveyance of real property, (a) statutory (see lease and release) ; (6) at common law, which is used in the case of a sale by executors with a mere power to sell. Barleycorn, the third of an inch. (2) In conveyancing, a nominal consideration or rent. Baron, the lowest degree of nobility. He holds (o) by pre- BAB 36 BAT soription; (i) by patent. (2) A judge of the Exchequer. (3) A husband. Baron et feme, husband and wife; seldom used, Baron of the Cinque Ports, a freeman (old charters); later, a member of Parliament from one of the Cinque Ports (q.v). Baronet, a dignity descendible to issue male, originally created in 1611, and taking precedence of all knights. Barony of land, a quantity of land amounting to 15 acres. In Ireland, a subdivision of a county. Barratry, or Barratry, the offense of constantly stirring up quarrels and suits, either at law or otherwise. (2)' Any illegal or fraudulent conduct by the master or crew of a ship by Which the freighter or owner is injured. (3) In Scotland, the crime of a judge who is induced, by bribery, to pronounce a judgment. (4) The simony of clert!ymen, going abroad to purchase benefices from the see of Kome. Barrier, the wall of coal left between two contiguous mines. > Barrister, one who has been admitted to plead at the bar. Barter, a contract by which parlies exchange goods for goods, differing from sale, in which they, exchange goods for money. Base-estate, land held by a tenant, who performed certain prescribed menial services for his lord. Base-fee, otherwise called a fee qualified or conditional, is an estate of freehold conditioned to determine on the happen- ing of a particular event, such as the failure of heirs male, the ceasing to be tenant of Blackacre, and the like. (2) The estate created by a tenant in tail who bars the entail without the con- sent of the Protector of the Settlement (q.v.)\ and thus, only the issue of the tenant in tail being barred, the estate deter- mines on their failure. Basilica, an abridgment of the Corpus Juris Civilis of Justinian, completed about A. d. 880. Bastard, one born out of wedlock. (2) One born in wedlock who has been bastiardized by legal sentence. He has, at com- mon law, no claim to succeed to property of his parents, nor to the name of either. Bastard-eigne. If a man have a natural son, and after- ward marry the mother, and by her have a legitimate son, the latter is called mulier puisne, and the elder son bastard eigne. Bastardize, to judicially declare one a bastard. (2) To give evidence in proof of bastardy. Battel, wager of, a form of trial by combat anciently used in military, and certain criminal cases; abolished by statute 59 George III. c. 46. Battery, beating and wounding, including every touching BAT ^ 37 BEN or laying hold, however trifling, of another's person or alothes, in an angry, insolent, or hostile manner. Batture,/?'., shoals; shallowo ; an elevation of the hed of a river under tlio piuface of the water. Bawd, a person who lieeps ii house of prostitution, or hawdy housa, and procures opportunities for illicit intercourse. Bear (stock exchange), one who speculates for a fall in prices." Bearer, one who bears or carries a thing. A check or draft drawn " io bearer" is payable to any one who may present it. (2) Such as bear down or oppress others. See Maintainor. Beasts of chase [ferce campestres], are the buck, doe, fox, marten, and roe; of the forest, are the hart, hind, hare, boar, and wolf, which are also called beasts of venary ; of the warren, are the hare and coney. Beau-pleader, L.fr., {to plead fairly), the name of an obsolete writ founded on the statute of Marlbridge (52 Hen. III. u. 11.). Bederepe, or Biderepe, :» service which certain tenants were anciently bound to perform; as to reap their landlord's corn. Bench, a tribunal of justice. (2) The judges, as distin- guished from the bar. See Banc. Benchers, seniors in the inns of court, intrusted with their government or direction. Bench warrant, an order issued by a csurt for the at- tachment or arrest of an individual for contempt, or where an indictment has been found. Benefice, an ecclesiastical living, usually parochial. Beneficial interest, profit, benefit, or advantage resulting from a contract or estate, as distinct from legal ownership or control. Beneficiary, he that is in possession of a benefice ; also a cestui que trust (?.«.). Beneficio primo ecclesiastico habendo, l., an ancient writ, which was addressed by the king to the lord chancellor, to bestow the benefice that should first fall in the royal gift, above or under a specified value, upon a person named therein. Beneficium, an ecclesiastical living; (2) any favor or privilege. Beneficium abstinendi, the power of an heir to decline an inheritance. Beneficium cedendarum actionum, the right of the surety to demand from the credi- tor, before paying him, the choaes in action of his principal. Beneficium eompetentiae, the privilege of retaining a competence, or the necessaries of life, granted to an obligor in a gratuitous obligation in Scotch law, and an insolvent debtor on BEN 38 B I Ii making cession of his property for the benefit of his creditors, in Roman law. Beneflcium divisionis, the right of a surety to contribute only ratably with his solvent co-sureties. Beneflcium. inventarii, the privilege which an heir had, by having an inventory taken of the testator's property before he entered into possession of it, to protect himself from liability beyond the amount of the property inventoried. Beneflcium. ordinis, excussionis or discussiouis (Rom.), a privilege by which a surety, called in Scotch law a cautioner, bould call on the creditor to sue the principal debtor first, and only to sue the sureties for that which he could not recover from the principal. Beneflcium separationis (Rom.), the privilege, some- times granted to creditors, of having the goods of an heir separated from those of the testator ; e.g., if the heir was in- solvent. Beneflt of clergy, a privilege originally granted to the clergy, and subsequently extended to all persons who could read, whereby they were exempted from capital punishment and trial by the secular courts in criminal cases. Finally abolished by 7 and 8 Geo. IV. c. 28. Benevolence, nominally a voluntary gratuity made by subjects to the sovereign, which came to be a forced loan or ta*9 -By the Petition of Right, 3 Car. I., it was declared to be leviable for the future only with the consent of the House of Commons. Bequeath, to make a bequest, or gift of personal property by will. See Legacy. Bercaria, a sheep-fold, or other inclosureto keep sheep. Bestiality, caVnal intercourse with the lower animals. Betrothment, a contract for future marriage. Betterments, improvements made to an estate which ren- der it better than'mere repairs would do. Beyond seas, meant originally out of the United King- dom and Channel islands; out of the United States,- out of the state. See Absence. Bid, an offer of a price for anything which is being sold by auction. It may be retracted before acceptance. Bigamy, the offense of having two husbands or two wives at the same time. Bilateral contract, a contract in which both the con- tracting parties are bound to fulfill obligations reciprocally toward each other. Bilboes, a punishment at sea answering to the stocks. Bilinguis, i,, speaking two languages. See Jury demedietaie Ungual. BIL 39 BIL Bill, a written statement of one's claim or account against another. (2) A written order, drawn by one person upon another, to pay a certain sum of money to a third; e.g., a bill of exchange, also called a, draft. .(3) A promissory note, or written obligation to pay, especially the note of a government or bank; designed to circulate as money. (4) The original draft of a law presented to a legislative body for enactment. It is a bill until passed, and then becomes an aqi, or statute. Th&term is applied to some special acts after their passage; e.g., bill of attainder, bill of indemnity, etc. (5) A carrier's acknowl- edgment o£ the receipt of goods, to be transported from place to place — a bill of lading. (6) The written statement of an offense charged against a person, which is presented to a grand jury. If satisfied by the evidence that the charge is probably true, they indorse it "a true bill," and it is then called an in- dictment. (7) The written statement of his cause of complaint, made by a party to a suit in equity. BUI of adventure, a writing signed by a person who takes goods on board a vessel, wholly at the risk of the owner; and agreeing to account solely for the proceeds of the goods when sold. Bill of attainder, a bill declaring ' persons attainted and their property confis- cated. See Attainder. Bill of certiorari, one praying for a writ of certiorari to remove a cause from an inferior court of equity to a, superior one; rarely used in the United States. ' Bill of conformity, a bill filed by an executor or adminis- trator, when tlie affairs of the deceased were so much involved that he could not safely administer the estate, except under the direction of the Court of Chancery. Bill of COStS, a state- ment of the items which form the total amount of the taxable costs in a suit or action. Bill of credit, paper issued by the authority of the state, on the faith of the state, and designed to circulate as money. See Letter of credit. Bill Of debt, or Bill obligatory, an acknowledgment in writing of debt, specifying the amount and the date and place of payment. ' Bill of discovery, one which prays for the discovery of facts resting within the knowledge of the person against whom the bill is exhibited, or of deeds, writings, or other things, in his custody or power, and material to enable the party filing . the bill to prosecute or defend some action at law. Bill of exceptions, a written statement of objections to decisions of the trial court upon questions of law arising during the pro- gress of the trial, so as to put the decision objected to on record for the information of the court having cognizance of the cause in error. Authorized by statute, Westm. 2 (13 Edw. I.), c. 31, and the laws of the several states. Bill of exchange, an unconditional order in writing, addressed by one person to B 1 1. 40 B I L another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand, or at a fixed or de- terminable future time, a sum certain in money to, or to the order of, a specified person, or to bearer. See Acceptance. Sill of health, a certificate by the proper officer, usually a consul, that a vessel therein named comes from a place where no contagious diseases prevail, and that none of her crew were affected with any such disease at the time of her departure. Bill of indemnity, an act of Parliament, passed every ses- sion, until 1869, for the relief of those who had unwittingly or unavoidably neglected to take the necessary oaths, etc., re- quired for the purpose of qualifying them to hold their re- spective offices. Bill of interpleader, one brought by a person who has money or property in his possession, or owes rents, etc., claimed by two or more persons, praying that they may be required to interplead and set up their claims, and that the court mayadjudge to which of them heshallpay or deliver. Bill of lading, a memorandum, usually in duplicate or trip- licate, signed by a carrier, showing the receipt of goods and the contract of transportation. While the goods are in transit, the bill of lading represents them, so that its indoi'sement and transfer operate as a delivery of the goods. Bill of pains and penalties, a special act of the legislature, whereby any punishment, less than death, may be inflicted upon persons sup- posed to be guilty of treason or felony^, without any conviction in the ordinary course of judicial proceedings. Bill of par- ticulars, a statement of a plaintiff's cause of action, or of a defendant's set-off. Bills payable, bills of exchange ac- cepted, or promissory notes made, which one is obliged to pay. Bill of peace, one filed when a person has a right which may be controverted by various persons, to have his right estab- lished against them all in one suit, and 'thus prevent a multi- plicity of suits. Bill penal, a written obligation, by which one acknowledges an indebtedness for a certain sum, and binds himself for the payment thereof in a larger sum. Bonds with ' conditions have superseded such bills in modern practice. Bill to perpetuate testimony, one brought to secure the testimony of witnesses with reference to some matter which is not in litigation, but may become so. Bill quia timet, one filed by a person entitled to property on the death of another, to prevent the apprehended destruction or injury of such prop- erty by the, wilful acts or the neglect of another. Bills re- ceivable, promissory notes, or bills of exchange, entitling the holder to receive the amount of money specified at maturity. Bill of review, one brought to have a decree of the court re- viewed, modified, or reversed, on account of error in the pro- B I L 41 BIS ceedings or newly discovered testimony. Bill Of revivor, one brought by the legal representatives of a deceased plaintiff, to continue a suit abated by the death of the plaintiff before judgment. Bill of Hights, a declaration delivered by the Lords and Commons to the Prince and Princess of Orange, 13th February, 1689, and afterward enacted in Parliament, when they became king and queen, declaring illegal certain acts of the late king, and setting forth the rights and privileges of the people. Such a statement of rights and privileges is prefixed to the constitutions of most of the states of the Union. Bill of sale, an agreement in writing, by which one transfers his right to or interest in goods and personal chatt3ls to another. It is either absolute, in which case it must be accom- panied by a transfer of possession to the grantee, where that is possible, or by way of mortgage, in which case it is provided by law,, in most of the states, that the instrument must be filed with the county recorder or township clerk, or be recorded. The transfer of a ship is usually evidenced by a bill of sale. Bill of sight, an imperfect and preliminary bill of entry at the custom-house, describing goods to the best of the merchant's belief. Bill to take testimony de bene esse, one brought to take the testimony of witnesses to facts material to a case already pending, when there is cause to fear that, on account of the age, or infirmity, or intended absence of the witnesses, the testimony may otherwise be lost before the time of trial. Billa cassetur, l., that the bijl may be quashed or made void; the conclusion of a plea in abatement, when proceedings were conducted in Latin. Bind, to oblige, constrain, or hold, by legal obligation, or contract; e.g., to bind out an apprentice to service; to bind over a party accused to appear before a grand jury or court having jurisdiction of the offense charged, or to keep the peace, by taking bail. Bipartite, of two parts; used in conveyancing. Birds, Domestic fowls, and tame pigeons and pheasants are subjects of larceny. Certain wild birds are protected by statute during their breeding season. See Game. Birretum, the cap or coif of a judge or sergeant-at-law. Birth, the act of coming into life; the whole body must be brought into the world alive, and have an independent circu- lation. Bishop, an ecclesiastical dignitarj nominated by the crown ; chief of the clergy within his diocese. Suffragan bishop, one who acts for an absent bishop. See Conge cfElire. Bishop's court, an ecclesiastical court, held in the cathe- dral of each diocese, the judge whereof is the bishop's chancel- BIS 42 . BLA lor, who judges by the civil canon law; and if the diocese be large, he has his commissaries in remote parts, who hold con- sistory courts, for matters limited to them by their commission. Bissextile, the day added every fourth year to the month of February. The extra day was by Julius Csesar appointed to be the day before the 24th of February, which was the sixth before the Kalends, so that the intercalated day was called the double sextile, or bis-sextilis. It is now the 29th of February. Blackmail, a species of rent formerly paid by inhabitants . in the north of England and south of Scotland to men allied to robbers and marauders to be protected by them from theft and violence; hence, money extorted from anybody by threats of ill treatment, libelous accusations, or exposure of faults com- mitted. Black rents, rents reserved payable in work, grain, etc., as distinguished from white rents [alba firma) pay^able in silver. Black rod, the usher who, duiing the session of Par- liament, attends on the peers, and to whose custody all peers impeached for any crime or contempt are first committed; so- called from the blaclj rod' which he carries. Blanch-holding (Sc), an ancient tenure, the duty payable being nominal, as a penny, or a peppercorn, if required. Blank, a space left in writing or printing, to be filled up with a word or words to complete the sense. (2) A paper without marks or writing; e.g., a blank ballot. (3) A printed paper containing the formal parts of a deed, release, power of attorney, or like instrument, with vacant spaces left to be filled in with the names of the parties, consideration, description of the property or subject-matter to be affected by it, etc. (4) A small coin (value, 8rf.), put in circulation by Henry V. in those parts of Prance then subject to England. Blank accept- ance, one written on the pp,per before the bill is made, and delivered by the acceptor, which will bind him to the extent of any amount that may afterward be written in. Blank bar, common bar; a plea in bar, which, in an action of tres- pass, was resorted to to compel the plaintiff to assign, or name the place where the alleged trespass was committed. Blank indorsement, one written on the back of ^a note or other in- strument, which does not mention the name of the person in whose favor it was made, and which makes such Instrument transferable by deliyery merely. Blasphemy, in England, the offense of speaking against God, Jesus Christ; the Bible, or the Book of Common Prayer, with intent to excite contempt against the established religion, or to promote immorality. In most of the IJnited States, the offense is defined and made penal by statute. B L O 43 BON Blockade, t)ie maintenance of vessels of war outside a port so as to prevent the ingress or egress of ships. Vessels at- temptins; to pass it are liable to confiscation. Blood, that quality or relationship which enables a person to suoced to another by descent. See Attainder. Brothers and sisters are said to be of the whole blood, if they have the same father and mother; of the half blood, if they have only one parent in common. Board, a body of men elected or appointed to take the care and management of a public trust or institution, or conduct the business of a municipal or private corporation ; e.g., a board of health, a board of trade, a board of directors, etc. (2) Food and lodging furnished under a contract, express or implied, for a stipulated compensation. The liability of a boarding-house lieeper is much more limited than that of an inn-keeper. Boc, a charter, or written evidence of title, used among the Saxons, corresponding to a modern deed. Bock-hord, or Book-hoard, a place where books, documentary evidence, o^ writings are kept. Bock-land. Boc-land, or Book-land, also called charter-land or deed-land, was, under the Saxon system, land held by deed under certain rents and services, and in effect differed in no respect from free-socage lands. Body, a person ; used of a natural body, or an artificial one created by law, as a body corporate, or corporation; a body politic, or state. (2) A mass, or collection of individual things in a general system; e.g., a body of laws; a body of divinity. (3) The main part of any instrument; in deeds, it is spoken of as distinguished from the recitals and introductory parts, and from the signatures; in affidavits, from the title, and jurat. Bona, I., goods; personal property; in Eoman law, all kinds of property, real, personal, and mixed. Bona confis- cata, or forisfacta, goods confiscated or forfeited to the im- perial ^sc or treasury. Bona fide, in good faith; honestly; without fraud or unfair dealing. A bona fide purchaser, or holder, is one who bought a note or chattel, in good faith, for a valuable consideration, and without notice of any defect at- taching to it, or adverse claims. Bona gestura, good be- havior. Bona gratia, voluntarily. Bona mobilia ; im- mobilia, goods movable; immovable. Bona notabilia, notable goods, i.e., goods sufficient In amount to require, under the ecclesiastical law, probate or administration to be taken out. They were fixed by the 93rd canoit (excepting in Lon- don, where the sura is 101.), to be legal personal estate to the value of 61. or upward. Bona patria, an assize of country- men or good neighbors ; sometimes called ossiza bonae patriae. Bona peritura, perishable goods. Bona vacantia, goods BON 44 BOB to which no one claimed property, aa shipwrecks, treasure trove, etc. Bona waviata, (l) (Kom.), property of an in- testate. (2) Goods thrown away by a thief in his flight, for fear of being apprehended. They are given to the crown by the common law as a punishment upon the. owner for not him- self pursuing the felon and taking away his goods from him ; but if the owner prosecutes the thief to conviction, the goods are restored. ^3) Waifs (q.v.). Bond, a written acknowledgment of a debt or contract to pay, under seal. If this be all, it is called a simple or single bond. If a condition be added that the bond shall be void when the obligor, or giver or it, shall have performed an act specified, it is caMei double ov coruiitional. The person to whom the undertaking is siven is the obligee. See Bail; Bottomry; Post obit; Replevin. (2) An instrument of indebtedness issued by governments and companies. Bondage, the state of being bound, or under restraint; in- voluntary servitude; slavery. (2) An ancient tenure of land on condition of doing the meanest services for the owner. Bondsman, a slave; one held to involuntary servitude. (2) A surety; one who is bound or gives security for another. Bonis asportatiS, [Writ De), a writ of trespass for the Wrongful taking of chattels. Bonis non amovendis, l-, (that the goods be not removed), a writ addressed to the sheriff, where error was brought, com- manding that the person against whom judgment is obtained be not suffered to remove his goods till the error be tried and determined. Bono et malo, l-, {for good and bad), a, special writ of jail delivery, which issued for every prisoner. Now abolished. Bonus, premium or advantage. (2) An occasional extra dividend given by a company to its share-holders. Bookland. See Boekland, Booty, the personal property of an enemy captured, by an army on land ; it belongs by right to the sovereign or public. Bordage, a species of tenure by which bord lands, i.e., lands kept for the maintenance of the bord or table, were held. The rents were paid in eggs, poultry,. and such small matters for the table. Borough, a town ; part of a township organized for munici- pal purposes; in England, a town that sends a burgess or bur- gesses to parliament.* Borpugh Courts, local borough tri- bunals, held by prescription, chapter, or act of parliament. They are Courts of Record, and usually the recorder of the borough is the judge. Borough-Bnglish, or Postremo- geniture, a custom of Sason origin, occasionally inet with in EOT 45 B B E burgage tenures, by which the youngest son of an intestate in- herits all the realty which belonged to his father, situated within such borough. Bote, an obsolete term, signifying necessaries for house- keeping, or husbandry; e.g., house bote, firewood; plough bote, wood for repairing instruments of husbandry. (2) Reparation for injury; e.^'., man 6o ^^ representing another person whose right or share they claim. (2) Boundaries. Capital felonies, those crimes upon conviction of whi'ch the offender is condemned to be hanged. The crimes now punishable with death, in England, are high treason and mur- der. Capital punishment has been abolished in several states. Capital stock, the sum, divided into shares, which is raised by mutual subscription of the members of a corporation, and upon which calls and dividends are based. Cfipitation tax, grant, etc., is one raised or made ac- cording to the heads, i.e., from or for each one of a community, school, etc. Capite, tenure in, the holding of land direct from the sovereign, or head of the nation. Caption, that part of a legal instrument or record, e.g., a commission or indictment, which shows'where, when, and by what authority it is taken, found, or executed. Capture, seizure of the property of an enemy. See Booty; Prize; Reprisals. Capture at sea can only be lawfully made by persons holding a commission from their government. See Piracy. Actual captors are the crew of the ship to which the prize strikes its flag; constructive, those belonging to ships that assisted, or were at hand. Carcel-age, prison fees. Cargo, the entire load of a ship, steamboat, or other vessel, usually applied to goods only and not to passengers. Carnal knowledge, sexual intercourse. The technical expression in an indictment for rape is that the man " carnally knew," etc. Carrier, one who receives goods for hire to convey from one place to another. If he does so as his regular business, he is a common carrier ; if by special contract, a bailee. See Bailment. A common carrier is bound to carry the goods of any one who offers to pay his hire, and is liable for loss or injury to them. The common-law liability has been much restricted by statutes in England and the several states. Cartel, or Chartel, an agreement to exchange prisoners. Cartel-ship, x>r\s in which they are conveyed to be exchanged. Carucate, or Carve of land, a plough-land of 60 to 100 acres, being as much as a man could ^cultivate in a year and a day, with a single plow (caruca). CAS 61 C A IT Case, an abbreviation for Trespass on the case (q. v.). (2) A statement of facts for counsel's opinion. (3) An action or suit at law, or in equity. (4) A written statement of the facts by an inferior court, for the opinion of the superior court. (5) An agreed statement of the facts made by the parties to a dis- pute for the purpose of obtaining the opinion of the court thereon. Cash, that which circulates as money, including bank bills, but not mere bills receivable. A cash sale is one of goods to be paid for at the time of purchase or delivery. Cassetur billa, l^ {let the bill be quashed), an entry on the record that the plaintiff withdraws his bill. So in the old com- mon law practice, cassetur breve, which was equivalent to the modern notice of discontinuance {q. ■».). Cast, defeated at law, condemned in costs or damages. Casu consimili, Oasu proviso, l-, writs of entry, now abolished, which lay for the oenelit of a reversioner, when a tenant by courtesy, or in dower, had aliened in fee, or for life. Casual ejector, the fictitious Richard Iloe,i]ia nominal de- fen.lant in the old action of ejectment (q. v.). Casualty, inevitable accident. An unforeseen circumstance occasioning loss or damage without human agency. Casus, i., a case ; cause; event; occurrence. CaSUS belli, an act giving rise to or justifying war. Casus foederis, a case stipulated by treaty, or which comes within the terms of a compact. Casus fortuitUS, an accidental occurrence not foreseen and provided against. Casus omissus, a case not provided for by contract, or statutes intended to govern like cases. ' Catalla, Catals, chattels. Catalla otiosa, dead animals, other than beasts of the plow and sheep. Catching bargain, one made with an expectant heir {q. v.) or reversioner, for inadequate consideration. Catchland, land in Norfolk, so called because it is uncer- tain to what parish it belongs, and the minister who first seizes the tithes enjoys them for that year. Catch pole, a sheriff's officer, or constable. Cattle-gate, common for one beast. Causa, I; a cause; a reason; a writ or action pending. Causa causans, the immediate or operating cause Causa mortis, by reason of, orin view of, death. Causa proxima, the direct, as distinguished from causa remota, the remote cause. Cause of action, a right to sue. Cautio; Caution, a species of bail or security given for the performance of an obligation. The surety is termed the C A V 52 C E li muiioner. (2) A notice not to deal concerning land described in the notice without informing the person giving the notice; . provided for by a recent English statute. Caveat, l-, (let Mm tdke heed), notice entered on the books of a registry of courtto prevent a certain step being taken, e.g., probate of a will without informing the caveator. (2) A legal notice, filed in the patent office, tliat the caveator has invented a certain thing, describing it, the effect of which is to prevent the granting of a patent to another for the same thing, without giving him an opportunity to establish his priority of inven- tion. Caveat emptor (let the buyer beware), a principle of law which imposes on the purchaser of property the risk of defects in title or quality of the thing purchased, unless there is an express or implied warranty, or some fraud or misrepre- sentation cin the part of the seller. Caveat viator [let the traveler beware), a notice to persons who have gratuitous per- mission to pass over private land, that they must take the risk of accident arising from negligence of the owner. Cede, to assign or transler. Cedent, (Sc), an assignor. Census, a numbering of the population, now taken in Eng- land and the United States every ten years. The first English census was taken in 18U1. The census papers now require (inter alia) particulars as to name, sex, age, birthplace, occu- paticiTi, ability to read and write, and whether married or single. Central Criminal Court, created in 1834 for the trial of offi'nses committed in the city of London, and certain parts adjoining. Cepi corpus, I., I have taken the body. Formerly used by a sheriff in maUing a return upon an attachment, capias, etc., when he had taken the person against whom the writ was issued. If he had dischaged him on bail bond, he added et B. B. If the person was in custody, he added et paratum habeo, or et est in custodia. If the person was sick, and unable to ap- pear, he added et est languidus. Cepit in alio loco, ?•, a plea in replevin, when the defend- -ant took the goods in another place than that mentioned in the declaratiiin. Certainty, clearness and deflniteness of statement, which may be (a) to a certain extent in every particular , as in criminal pleadings, where the court pres ames the negative of every thing not affirmed, and vice versa; (b) to a common intent, where the presumption is in favor of the pleader; (c) to a certain intent in general, where the meaning is to be gathered from a fair and reasonable construction of the words used. Certificate, a statement, usually in writing, given by a C E R 63 C E S person having some official status, relative to some matter within his official knowledge or authority. Certified check, one that has heen presented to the bank on which it is drawn and raarlied good by the proper officer. Such certification is a warranty that the signature is genuine, and that the drawer has funds in the bank to meet it, and' obligates the bank to pay it on presentation. Certified copy, on© signed and certified »s true by the official in whose custody the original is. Certiorari [to be more fully informed), an original writ or action whereby a cause is removed from an inferior to a super- ior court for trial. The record of the proceedings is then transmitted to the superior court. Cert-money, quasi certain money. Head-money paid yearly by the residents of several manors to the lords thereof, for the certain keeping of the leet. See Court leet. Cessavit, an action which lay when a man cessed or ceased, for two years together, to pay rent or perform services due. Now abolished. Cesser, the coming to an end; e.ff., of a term or annuity. (2) Proviso for cesser. Where terms for years are created by settlement, it is usual to introduce a proviso that they shall cease in case of— (a) the trusts never arising; (J) their becom- ing unnecessary or incapable of taking effect; (c) the completed performance of tliem. Cesset-executio, a stay of execution In trials of co-defend- ants, where the entire damages have been assessed against the first defendant found guilty, e.g., in actions of trespass. Cesset processus, a stay of proceedings entared on the record. Cessio bonorum, (Bom.), (a surrender of goods), was the foundation of the modern law of bankruptcy. It operated only as a discharge pro tanto of a man's debts, but exempted him from imprisonment. The Scotch and French laws con- form in this matter to the leading outlines of the Koman law. Cession, » yielding up ; e.g., of a benefice (ecclesiastical law), or of territory, by one nation to another. Cessionary, (Sc), an assignee. Cessor, a yielding up, ceasing, or departing from. (2) One who ceases or neglects so long to perform a duty thai he thereby incurs the danger of the law. Cestui que trust, the person who possesses the equitable or beneficial right to property, the legal estate of which is vested in a trustee. Also called, a beneficiary. Cestui que use, (orig. cestui d que use) previous to 27 Hen. C E S 54 C H A VIII c. 10, was equivalent to a cestui que trust .(?••!>). That •statute converted his equitable estate in land into a legal one. See Statute of Uses. Cestui que vie, the person for whose life any lands, tene- . ments, or hereditaments are held by another who is beneficially entitled to them. Challenge] an exception orolgection. Challenge of jurors may be (i) to the arrajf, i.e., to the whole jury on account of partiality in the officer who arrayed the panel, or some error in forming the samej or(ii) to the polls, ie.,lo individualjurymen. Challenges may be (n) principal, i.e., lor a cause which mani- festly disqualifies the jury, or jurymen, from sitting; (6) for favor, i. e., wliere there is some reason to suspect bias or preju- dice on the part of a juror, decided at common law by triers (q.v.), and not by the court; and (c) peremptory, those made without assigning; any reason, and which the court must allow. The number of peremptory challenges allowed at common law in trials for felonies was thirty-five, but the number has been greatly reduced by statutes in England and most of the states. (2) A request by one person to another to fight a duel. At common law, sending or carrying a challenge was an indictable otFcnse, and it is severely punished by the laws of most of the states. Chambers, g'Mctsi-privale rooms, in which the judges dis- pose of points of practice and other matters not sufficiently im- portant to be heard and argued in court. (2) Chambers of the king [^Megiae camerae'], bays or portions orthe sea cut off by lines drawn from one promontory to another. Champerty, a bargain, by the terms of which aperson, hav- ing otherwise no interest in the subject-matter of an action, un- dertakes to carry on the suit at his own expense, in considera- tion of receiving, in the event of success, some share of the lands or property recovered, or deriving some benefit there- from. (2) The purchase of a right of action. Champerty is illegal at common law, and a champertous contract can not be enforced in England and most of the states. See Maintenance. Chancellor, a judge who presides over a court of chancery. (2) A minister of state, in most countries of Europe, having high rank and extensive authority, corresponding somewhat to that of our secretary of state. Chancellor of the Ex- chequer, an officerin England who presides in the exchequer, and, in addition to his duties in connection with the treasury, used to sit as one of the judges in the equity court. Lord Chancellor, the highest judicial functionary in the kingdom, and superior in order of precedence to every temporal lord; (2) of a diocese, a law officer, who holds the bishop's court. C H A 55 C H A Chance-medley, a sudden affray, not prearranged or in- tended. The term is sometimes applied to a homicide com- mitted in such an affray, or in self-defense. Chancery, equity. (2) A court eierciaing equitable juris- diction. The terms equity and chancery are used as synony- mous in the United States, yet in England the common-law jurisdiction of the court of chancery was moreancient than the equitable, which was thus called its extraordinary jurisdiction. The High Court of Chancery was the highest court of judicature next to the Parliament and was of very ancient institution. The jurisdiction was formerly of two kinds — ordinary, in which the proceedings and judgment were according ,to the common law; and extraordinary, in which they were according to llio rules of equity and conscience, the plaintiff being unable to in- vol^this latter unless his case was one for which he could not obtain relief at the common law. The court consisted of six tribunals, viz. : the Court of the Lord High Chancellor of Great Britain I the Court of the Master of the Kolls; the Court of Appeal in Chancery ; and the three separate Courts of the Vice-Chancellors. By the Judicature Act of 1873, the Court of Chancery was merged in the Supreme Court as the Chancery Division of the High Court of Justice. It retains all its extra- ordinary jurisdiction, but apparently no part of its ordinary jurisdiction, which is transferred to other divisions of the Hifjh Court of Justice. Separate courts of chancery or equity exist in a few of the states, but in others the same court exercises ju- risdiction in both law and equity cases. A 11 distinctions in form betvyeen actions at law and suits in equity have been abolished in many spates which have adopted the code of practice. Chapter, a community or corporation composed of the pre- bends and other clergymen belonging to a cathedral or colle- giate church, and presided over by the dean. It is an advisory body, having power to rule or govern the diocese in the vaca- tion of the bishopric. (2) The room in which the members of the community meet to treat of their common affairs. Charge, a duty or obligation imposed upon some person; or a lien, incumbrance, or claim to be satisfied out of a particular estate. (2) An accusation. (3) The instructions given by the court to a grand jury before they enter upon their investiga- tions, or to a petit j\iry at the close of a trial as to the princi- ples of law which should guide them in arriving at a verdict. Charitable uses, charities, gifts to general public uses ; e.g., the establishment pf colleges, schools, and hospitals, the carrying on of religious and missionary enterprises and the like. Charta, l., a charter, deed, or writing under seal. Charta chirographata, or, communis, an indenture, the two C H A 56 C H O parts of which were written on the same sheet with the word chirograph between, so that it was diyided when the two parts were separated.- See Magna Charta. Charter, an evidence by deed of things done between man and man. (2) A grant of lands and privileges by a sovereign. (^ The act creating a oorporation«and defining its powers. Charter-land, that which is Imld by deed; cf. Bock-land. Charter-party, the written contract by which the owner of a ship or" other vessel hired her out lo another person for a par- ticular period or voyage. Chase', a privileged place for the preservation of wild beasts of cha?e, intermediate between a forest and a park. Chattels, goods movable and immovable, except such as are in the nature of freehold or parcel of it. Chattels are (a) personal, i.e., tangible, or appertaining to th.e person ; (i) real, pertaining to land, such as leases and interests in land which ao not amount to a freehold. Cheat, the generic term for the fraudulent obtaining of another's property by any deceitful practice not amounting to felony. Check, or Cheque, an order addressed by a person to his banker, directing him to pay on demand a certain sum to the person , therein mentioned. The former is called \,\ie' drawer, the latter ih& payee. Chevage, money formerly paid hy tenants in villainage to their lord in acknowledgment of his headship. Chevlsauce, or Chievanee, a usurious contract. Chief, principal ; one put over others; the best of a num- ber of things. Chief Baron, the presiding judge in the Court of Exchequer. Chief clerk, the principal clerk in a department of the government, who supervises the correspond- ence and all matters of routine, and carries out the orders of the head of the department. Chief Justice, the presiding judge of the Supreme Court. Chief-rents, the annual pay- ments of freeholders of manors; also called quilA-ents. Dec-- laration in chief, a statement of the principal, cause of action. Examination in chief, the first examination of a witness by the party who calls him. Tenant in chief, one who held lands direct from the king. Chivalry, Court of, an ancient court of honor, held before the Lord High Constable and Earl Marshal ;' important while England held possessions in France, but latterly fallen into disuse. Chose,/?"., a thing ; personal property. ChOse in action, a right to demand by action a debt or sum of money. Chose C H U 57 C I B in possession, personni property of which one has the actual possession and enjoyment. Church-rates, those by which the expenses of a church are defrayed. Compulsoi-y church-rates were abolished in Eng- land in 1868. CinO[U.d ports, the five ports of England which Ue toward France, Dover, Sandwich, Komney, Hastings, and Hythe.> On account of their inaportance as defenses to the kingdom they early had certain privileges, were bound to certain services upon the king's summons, and were placed under the juriadic- of a lord-warden, which was abolished in 1855. Circuits, judicial divisions of a county or state for the con- venient administration of justice; so called from the custom of the judges to go around and visit each in turn. In England and Wales there are at present seven circuits. The United States is divided into nine circuits. Many of the states are divided into circuits, each containing several counties;. Circuit courts, courts of the United States, next in rank to the Supremo Court, held at staled intervals in each judicial district composing the circuit (q.i'.). They may be held by the "circuit justice" (a justice of the- Supreme Court allotted to that circuit), a circuit judge appointed for the circuit, or a dis- trict judge, sitting alone,, or by two or more of them sitting together. The jurisdiction of the circuit courts is original in suits in which there is a controversy between citizens of differ- ent states, or citizens of a state and a foreign state or its citi- zens or subjects, and the value of the matter in dispute exceeds twothousand dollars; in civil causes in which theUnited ■ States- are plaintiffs or petitioners; and in various other causes arising under the constitution, laws, or treaties of the United States. It has appellate jurisdiction in certain cases, over which the district court has original jurisdiction. (2) Courts created by tne laws of many of the states, whose jurisdiction extends to several counties, in which terms of court are held in turn. They are' courts of original and general jurisdiction in some of the states. In others, their jurisdiction is chiefly appellate. Circuity of action, the'bringing of more than one action to effect what one action would suffice for, if properly brought. To prevent this is one of the grounds for the exercise of equity jurisdiction, and the object of many statutes. Circumstantial evidence, evidence from which the fact in question is not directly proved, but is to be inferred ; cir- cumstances being proved which either necessarily or usually attend such facts. CirCUmstantibus, J., bystanders. See Tales. C I K 58 C L A Citation, a summons to appear, applied particularly to pro- cess in probate courts. (2) Citation viis et modis, one posted up in a public place. (3) A reference to authorities in sup- port of an argument. Citizen, of tiie United States, any person born in the United States, except an Indian ; or born out of the United States, if his parents were citizens; or one of foreign hirth and parentage who has became naturalized. A citizen o£ the United States residing in any of the states is a citizen of that state. City, in England, a town corporate, which usually has or has had a bishop and cathedral church. In the United States, a municipal corporation organized under the laws of the state, which prescribe the number of inhabitants and other condi- tions necessary to the enjoyment of that dignity. Civil, pertaining to a city or state, and man in his relations to his fallow citizens. Thus we speak of civil life, civil gov- ernment, etc., as opposed to savage or barbarous; civil rights and relations, as opposed to domestic; civil law and actions, as opposed to criminal, or ecclesiastical; civil officer, as opposed to military; civil death, when a person is attainted or out- lawed, as opposed to natural; civil war, between citizens of the same state, as opposed to foreign; civil remedy, one that may be enforced by a private person for a tort, as opposed to indictment and public prosecution, etc. Civil law, Roman law; more'particularly, the law compiled by the Eoman jurists under the auspices of the Emperor Justinian, still in force in many of the states of modern Europe, and -of high authority. Civil list, the revenue settled on the sovereign, out of which are defrayed his personal and household expenses, as well as ^hose for secret or special services. - Claim, the assertion of a right; a demand. (2) The posses- sion of a settler, or miner, of the tract of. wild or mineral land which he intends to acquire from the government. (3) The tract of wild or mineral land staked out and held by such set- tler or miner. Claimant,' one who malses a claim. (2) The plaintiff in the old action of ejectment. (3) In admiralty practice, the person admitted to defend a libel in rem. ; so called because he claimed the property seized. Clarendon, constitutions of, were enacted by Henry II., in 1164, to limit the pretensions of the clergy within the realm. Clausum, close ; an inclosure. Writs were either cto«sMm (close), or apertum (open). Grants were by literae patentae (open grant or patent), or literae elav,aae (close grant). ClSU- sum fregit, see Trespass. C L A 59 C O E Clayton's caSSi decided Ihat in cases of current accounts, e.g., a banker's, in tlie absence of an express appropriation by a creditor, the first payment is to be set off against the first charge. Clean hands, an expression, meaning free from the taint of fraud; applied to a suitor in equity. Clearance, a certificate given by the collector of a port to the master of a vessel, that his vessel has been entered and cleared according to law. A permission to sail. The act of clearing. Clear days, days reckoned exclusively of the first day and the day on which a thing must be done. Clearing-house, an ofi3ce in large cities where banks ex- change checks and drafts drawn on each other, and settle their balances. Clergy, ecclesiastical ministers as a class, as distinguished from the laity (?.".). Clergyable, allowing of, or entitled to, the benefit of clergy {q.v.)\ used of crimes or persons. Clerical error, one made by a clerk in transcribing, or otherwise, and which is readily corrected by the court. Clericus, 2.; clerk, a clergyman; one who has taken or- ders in the church. (2) One who is devoted to the pursuit of letters and learned therein, hence an amanuensis, (3) An offi- cer of a court, who files pleadings, etc., issues writs, and keeps the records of legal proceedings. (4) A person employed to sell goods or attend to business in the store or office of another. CUent, one who employs an attorney or counselor to man- age his case in court, or to advise him about legal matters. Close, a piece of land. See Clausum. Close Rolls, rolls containing the record of close writs [literae clausae), and royal grants not intended for public inspection. Code, a collection or system of laws. The collection of laws and constitutions, made by order of the Emperor Justinian in 628, is distinguished by the appellation of "The Code." The Code Napoleon, or Civil Code of Prance, is the most celebrated modern code. Many of the states, following the lead of New York, have adopted a code of civil procedure, intended to do away with the forms and fictions of the common law, and to simplify the practice of law. By lawyers such states are fre- quently called " code states." Codicil, a supplement to a will, containing any thing which the testator wishes to add or alter. It must be executed with the same formalities as a will. Co-emptio, (Kom.), the sale of a wife to a husband. Coercion, constraint; compulsion;, compelling a person by COG 60 COL physical force, or by threats and the wrongful exercise of auth- ority, to do what he would otherwise not do. Coercion is im- plied in many cases, as in the commission of crime by a wife in the presence of her husband. Cognati, relations by the mother's side. Cognizance, orconusance,aclinowledgment; recognition; jurisdiction; hearing a matter judicially. . A judge is bound to take judicial cognizance of certain matters without having them proved in evidence, e.g., the statutes of the state in which he holds court, the extent of his jurdisdiction geographically and otherwise, etc. In pleading, the aclinowledgment of a fine; or in the action of replevin, the acknowledgment by a bailiff or servant of taking the goods, and the plea that they were taken in distress by the command of another who was enti- tled. Cognovit (actionem), I., a defiendant's written confession of an action brought against him ; t.e.,,his admission that he has no available defense, and consents to judgment being entered against him. Cohabit, to live together in the same house as man and wife. Co-heir, one of several to whom an inheritance descends. Coif, a white silk cap, the badge of sergeants-at-law. Collateral, by the side of; indirect. Collateral facts, those not directly connected with the issue or matter in dispute. Collateral issue, an issue raised which is foreign to the gen- eral issue in the case. Collateral limitation, one which makes the enjoyment of an estate depend upon the happening of someevent not related to or depending upon tlie parties. Col- lateral relationship, as opposed to lineal, is that of persons descended irom a common ancester, e.g., cousins. Collateral security, property or other contracts transferred to secure the performance of the principal obligation. CoUatio bonorum, I., a bringing into hotchpot iq'.v.). Collation, the comparison of a copy with Its original, to as- certain its correctness. (2) The act of bestowing a benefice upon an incumbent where the bishop and patron are one and tlie same person, thus dispensing with presentation and insti- tution CoUative advowson. See Advowson. Collegatory, a person who has a legacy left to him in common with other persons. CoUigenda bona. See Administration. Collision, the act of ships or other vessels striking together, or of one vessel running into or foul of another. The vessel in fault must suffer its own loss and pay for the damage occasioned COL 61 COM to the other. Whore both are at fault each payS to the other one-half the damage sustained. Collocjiliuill, (a talking together), the statement in a decla- ration for libel or slander that the libelous or slanderous impu- tation had reference to the plaintiff. Collusion, a secret compact between persons apparently hostile, to do some act in order to defraud or prejudice a third person, or for some improper purpose. Judgment obtained by collusion is a nullity. Color, a prima facie right or title. Pleadings in coyifession and avoidance (q.v.) had to give color, i.e., to admit some appa- rent right in the opposite party, so as to justify the allegation of new matter. Color was either express or implied. Obsolete. (2) Color of right means semblance of right. Colorable, that which is jiot what it purports or professes to be; deceptive; e.g., an alteration made only for the purpose of evading a patent or the law of copyright, -which leaves the thing substantially as much an infringement as before. Comes, an earl, or count. Comitatus, or county, is de- derived from comes, the earl to whom its government was intrusted. His authority was exercised usually through the mce-comes, or shire-reeve (whence our sheriff). Comitatu commlsso, 1-, » writ or commission whereby a sheriff is authorized to enter upon the charge of a county. Comity of nations, the obligation granted by courtesy to the laws of one nation within the territories of another, when they do not conflict with the laws of the latter. Commandite, or In commeiidam, a form of partnership in France (Hociete en Cotnmandite) in which certain of the part- ners (commandataires) take no active share in the business, but merely lend money to it, and are only liable to the extent of such money. Commendam, (^ccicsia commejwfate), a, living committed to the care of a clergyman until a proper pastor can be pro- vided. Commendalus. one who by commendation, i.e., voluntary homage, puts himself under the protection of a superior lord. Commercial, relating to trade or commerce. Commer- cial law, that branch of the. law which grew out of and ap- plies to the relations of men engaged in business. Commer- cial paper, notes, bills of exchange, etc., which pass from hand to hand by indorsement. The term is applied specially to bills receivable (g.v.), which a merchant discounts, or trans- fers by indorsement. Commissary, a delegate of the bishop, who exercises spir- COM 62 COM itual jurisdiction in distant parts of the diocese. (2) An officer of the army, whose principal duty is to supply it with food. Commission, an authority or order to do some act ; e.g., to take depositions ; to hold an inquest of lunacy, etc. (2) The evidence of an officer's appointment and authority to discharge the duties of his office. (3) A body of persons appointed with necessary powers to do certain things. (4) The act of perpe- trating an offense. (5) The compensation of a factor employed to sell goods consigned to him, usually a percentage on the aniount realized from the sale. Hence the term commission merchant. Commissioner, the title given by law to the heads of bu- reaus in certain departments of government, e.g., Commissioner of Patents, Commissionsr of the General Land Office, Commis- sioner of Pensions, etc. Also to state officials charged with special duties, e.g., railroad and insurance commissioners, county commissioners, etc. Commissoria lex, l-, (Kom.), a clause by which a vendoi' res&ved to himself the privilege of rescinding the sale, if the purchaser did not pay his purchase-money at the time agreed on. Comm.itment, the sending a person to prison by warrant or order, either for a crime, contempt, or contumacy. Committee, one or more mumbers of a legislative body, or association of individuals for business, political, religious or social purposes, appointed to consider and report upon certain matters which were before the larger body, or to carry out the resolutions of that body. Committitur piece, an instrument in writing on parch- ment, which charges a person, already in prison, in execution at the suit of the person wto arrested him. Commodatum, (Rom.), a thing lent for a definite time, to be enjoyed and used under certain conditions, without any pay or reward. Common, a use which a man has of the land of another, in common with him and others. Except in the ease of copy- holders it can not be claimed by custom, but by grant or pre- scription only. It is of four principal kinds: (a) ol pasture ;. (b) of turbary, i.e., taking peat or turf; (c) of estovers, i.e./ taking wood for necessary repairs and house purposes; (d) of piscary, i.e., fishing. Commons may be appendant, i.e., en- joyed by all the freehold tenants of a manor; appurtenant, i.e., attached to the ownership of a. particular land or house; in gross, i.e., not connected with tenure, but belonging to indivi- duals; or because of vicinage, i.e., belonging to tenants of ad- joining townships or manors. (2) Common also signifies land subject to rightiS of common. See Tenancy. COM 63 COM Common bench, a name of the court of common pleas. Common carrier. See Carrier. Common council, the inferior branch of the municipal legislative body in most American cities. Common counts, general counts, not founded on any special contract, introduced in a declaration for the purpose of preventing a defeat of justice by a variance of the evidence, such as indebitatus assumpsit, quantum meruit, quantum valebant, etc. Common informer, one who, without special authority, or being required to do so by virtue of any office, gives infor- mation which leads to the prosecution of offenders against the law. Common law, that system of law which does not rest for its authority upon any express statutes, but derives its force and authority from universal consent and immemorial usage, and which is evidenced by the decisions of the courts of law, technically so called, in contradistinction to those of equity and the ecclesiastical courts. It prevails in England and most of the United States except when abrogated or modified by statute. Common nuisance, one which affects the public generally and not merely some particular person. Common pleas (communia plactta), such pleas or actions as are brought by man against man, or by the government when the cause of action is of a civil nature. (2) The court in which such pleas or actions are heard. See Court of Com- mon Pkas. ' ' Common seal, the seal used by a corporation. Commorancy, residence within a certain district. Commorientesi '., those who perish at the same time and by a common calamity, e.g., shipwreck, so that no presump- tion o#survivorship can reasonably arise as to any. Commutation, the modification of a sentence so as to malce the punishment to which a person has been condemned less severe. (2) The conversion of a right to receive a variable, or periodical, into a fixed, or gross payment. See Tithe. Company, an association of individuals for the purpose of carrying on some joint business, or enterprise, whether incor- porated or not. (2) A term used to represent those partners whose names do not appear in the firm name. Competency, the legal fitness or capacity of a witness to testify on the trial of a case; also, the quality of evidence offered which makes it proper to be received. Complainant, one who makes a complaint; the plaintiff in suit in equity. COM 64 CON Complaint, the charge, made before a proper officer, that an offense has been committed by a person named or described. Compos mentis, I., sound of mind; capable of transacting business. Composition, an agreement between a debtor and his creditors, by which the latter agree to accept a certain propor- tion of their debts in satisfaction of the whole. Compound interest, interest upon interest, i.e., when the simple interest on a sum of money is added as it becomes due to the principal, and then bears interest, becoming a sort of secondary principal. See Account with rests Compounding, a debt, making a composition {q.v.). (2) A felony, is to enter into an agreement for valuable considera- tion not to prosecute a felon. Comprint, printing in violation of copyright. Compromise, settlement of an action, or matters in dis- pute between two or more parties, by agreement. Comptroller, an officer of the treasury department, ap- pointed to examine accounts settled by the auditors, and to perform other duties defined by law. Compulsion, force brought to bear to make a. person do what he would otherwise not do. See Coercion; Duress. Compurgator, one who, on oath, asserts another's inno- cence. Under, the early Saxons a person accused of a crime was acquitted, if a certain number (twelve or more) of conv- purgdtores [juratores ov justifieatores) came forward, and swore to a veredictum (or true statement) that they believed him in- nocent. This was also called wager of law; it was abolished, after long disuse, by 3 & 4 Wm. IV.' c. 42. Computo, an ancient writ to compel a bailiff, receiver, or accountant, to yield up his accounts. Concealers, persons who were used to find out lands which had been privily appropriated from the Crown. Concealment, the improper suppression of any fact or cir- cumstance, by which one of the parties to a contract is induced to enter into the same. When fraudulent, and of such facts as the party is bound to disclose, it renders the contract voidable, especially where confidence is reposed, and the party deceived is dependent upon the others. (2) The fraudulent hiding of one's property, or the evidence of a crime. Concessi, l-, I have granted; a term formerly used in deeds, equivalent to grant, lease, release, and the like. Concilium, or Consilium, l-, consultation; determina- tion; applied to the rule, setting a case down for argument on demurrer, or in proceedings on a writ of error. Conclude, to end ; close up ; determine. To close a peti- CON 65 CON tion with the formal words, " to the damage of the plaintiff," etc.; or a, plea, tendering an issue to the country, with the words, "and of this the. said C. D. puts himself upon the country." (2) To make the last argument to the court or jury, a privilege generally accorded to the party on whom rests the onus probandi (q.v.) (3) To bar; estop; to prevent a man from denying what he has before asserted, or alleging what he has before denied, when the effect would bo to defraud another. Conclusive, that which can not be gainsaid or doubtdd. Conelilsive presumption, one which the law will not allow to be overthrown by the introduction of evidence to the con- trary, e.g., the presumption of a grant arising from the occu- pancy of land or the enjoyment of an easement under a claim of title for twenty-one years. Concord, an agreement between parties, who intend to levy a fine of lands one to the other, how and in what manner the lands shall pass. (2) A compromise. Concurrent, running along together. Two courts are said to have concurrent jurisdiction -when either may entertain a suit relating to the same subject-matter at the choice of tho plaintiff. (2) Concurrent writ, a writ of summons of the same tenor as the original writ, and remaining in force for the same time ; used where there are several defendants, or it is advisable to try to serve the same defendant in different places. Condemnation, adjudging a captured vessel to be lawful prize. The declaration of acompetent tribunal that a vessel is unfit for use, or that a building is in adangerous condition. (2) The judgment or decree by which property seized for a violation of the revenue or navigation laws is forfeited to the government. (3) The subjection of private property to public, or ywosi public "uses by legal proceedings ;-e.^., the appropriation of a strip of land for a street or railroad. See Convifition. Condition, a qualification, restriction, or limitation an- nexed to a grant or agreement, by which it is deprived of its absolute character, and may be defeated, suspended, or revoked on the happening of a certain event, or the performance, on the part of the grantee, of cevtain things ; e.g., the provision in a bond that it shall be void if the principal does certain things, or pays over certain moneys; the provision in a mortgage that the deed, absolute in form, shall be void if the mortgagor pays certain specified notes at maturity. Conditions may be express, or implied by law ; possible, or impossible; precedent, or aubse- guent (g.i>.). Conditional fee. See Base fee. Conditional limitations, partake of the nature both of a CON 66 CON condition and a remainder; of a condition, so far as they abridge or defeat the estates previously limited; of a limitation, so far as, upon the contingency taking effect, they pass the estate to a stranger. They thus differ from a contingent re- mainder, which waits for the regular determination of the pre- vious estate. . Cpudoiiatioil, a pardoning of, a conjugal offense, which prevents it from being made at any future time the subject of legal proceedings.- Conduotio, l-, (Rom.), a hiring [q.v.). Conduct-money, money paid to a witness for his travel- ing expenses. Confederacy, a combination of two or more persons to do some damage or Injury to another, or to commit some unlawful act. See Conspiracy. (2) A. union of two or more states or nations for mutual protection and advancement. Conference, an interview between counsel and the solic- itor who instructs him (with or without his client). (2) A meeting of committees appointed by the two houses of Con- gress, or a state legislature, to reconcile differSnces about pro- posed legislation. ' Confession, an admission by a person accused of crime that he has committed the offense charged. It may \)sjvdicial, i.e., made before a court or examining magistrate, or ea^ra- judieial, i.e., made outside of court. Voluntary confessions, not made in pursuance of threats or the hope of favor, are ad- missible in evidence against the persons making them. Confession and avoidance, .a plea admitting certain facts alleged by the opponent's preceding pleading, but avoiding their legal effect by alleging new matter. These pleas were distinguished as pleas in justification or excuse, which go to show that the plaintiff pever had a right of action, and pleas in discharge which go to show that his right has been released by some matter subsequent. See Color. Confession, judgment by. See Cognovit. Confidential communications, statements made by one person to another, when there is a necessary relation of trust and confidence between them, and which the person re- ceiving them can not, upon grounds of public policy, be com- pelled to disclose; e.^., the statements ma'de by a husband to his wife, a client to his attorney, and, in some states, by a pen- itent to his confessor. Conflrmatio Chartarum, I., the statute 25 Edw. I., a. d. 1297, which re-enacted Magna Charta with some additions. Confirmation, a species of conveyance by which a void- able estate is made valid and unavoidable, or by which a par- CON 67 COM ticular estate is increased. Estates which are void can not be conflrmed, but only those which are voidable. (2) The ratifi- cation of a bishop's election by the archbishop. CoBflscation, the appropriation of property taken from an enemy, or seized for a violation of law, to the use of the state. Conflict of law«, the variance between the laws of two countries or states relating to the subject-matter of a suit brought in one of them, when the parties to the suit, or some of them, or the subject-matter, belong to the other. See Lex loci contractus ; Lex rei sitae. Confrontation, in matrimonial suits, is the bringing of the respondent into court for identification by the witnesses. In criminal cases, bringing the witnesses face to face with the accused. Confusion, a mixing together of the goods of two or more persons, so that the several, portions can be no longer dis- tinguished. If by consent, the owners have an interest in the mixture proportioned to their respective shares. If by the willful act of one, without the consent of the others, he must separate at his peril, or lose his own. Conge, fr., leave; permission; license. Conge d'ac- COrder, leave to accord or asjree. An expression used in levying a fine. Conge d'emparler, leave to imparl or talk together with the opposite party. Conge d'elire, or d'eslire, a license from the crown to a dean and chapter to proceed to the election of a bishop when a see becomes vacant. It is accompanied by a letter missive, giving the name of the person to be elected. Congeable, lawful; done with permission. Congress, the name of the legislative body of the United States, composed odha Senate and House of Representatives (?.«.). Coi^OintS, persons married to each other. Conjugal rights, the rights arising from the relation of husband and wife. &e(s Restitution. Conjuration, a compact made by persons combining by oath to do any public harm. (2) The attempt to have con- ference with evil spirits. Connivance, guilty knowledge of, or assistance in, a crime. (2) Consent, express or implied, by one spouse to the adultery of the other. Consanguineus frater, (Bom.), a brother who has the same father. Consanguinity, or kindred, the connection or relation- ship of persons descended from some common ancestor. It is either lineal, as that of father and son, or collateral, as that of brothers or cousins. • COM 68 CON Consent, agreement; the meeting of minds. It presup- poses mental capacity to act. - It may be express, by word of mouth, or in writing ; or implied, from aols, inaction, or si- lence, which are consistent only with assent. If obtained by fraud or duress, it is not binding. Consequential damages, those losses or injuries vhich follow an act, but are not direct and immediate upon it. Conservators of the peace, officers appointed to pre- serve the public peace. Some are so by virtue of their office; e.g., judges and coroners: those specially appointed are now caUed justices of the peace. Consideration, the price, motive, or matter of inducement of a contract, which must be lawful in itself. A simple con- tract, i.e., one not under seal, derives its binding force from the existence of a valuable consideration between the parties; but a deed imports a consideration andso is binding though voluntary, i.e., without consideration. Consideration may be executed, past, or performed ; executory, to be performed ; or continuinff, partly both. Good or meritorious consideration is that origin- ating in relationship and natural aflfection; valuable, that which has a money value. The former was never binding in the eye of the law, except in the case of a covenant to stand seized to uses, which is now disused: and "good" consideration now usually means "valuable." See Turpis causa; Nudum pactum. Consideratum est per curiam, l.,'{it is considered by the court), the formal commencement of a judgment. Consign, to send goods to a purchaser, or to a factor or agent to sell. The person sending the goods is called the con- signor, the person to whom they are Beat, the consignee, and the goods themselves the consignment. Consignation, (Kom.), the deposit of a thing owed with a, third person, under the authority of the court. Consistory court, the'ecclesiastical court of a diocese.' Consolato del mare, II, a code of sea-laws compiled by order of the ancient kings of Arragon. Consolidated fund, in England, the public revenue, which is derived from customs, excise, stamps, and other taxes, and out of which provision is made for the payment of interest on the public debt. Hence the term " consols " applied to government securities. Consolidation, (Kom.), the uniting of the possession, use, or profits of land with the title, by the same person's acquiring both. (2) (Ecclesiastical law), the union of two or more bene- fices in one by the consent of the ordinary, patron, and incum- < bent. (3) The fusing of many acts of a legisl^itive body into eOlT 69 CON one. (4) The joining in one of several suits between the same parties, for causes of action which may properly be tried together; provided for by statute in many of the states. Conspiracy, an unlawful combination or agreement be- tween two or more persons to carry into effect a purpose hurtful to some individual, or class, or to the public at large. Constables, inferior officers appointed to Iceep the peace, and to serve writs, levy executions, etc., issued by a justice of the peace. Constablewick, the jurisdiction of a constable. Constat, i; (U appears), a certificate of that which appears on the record. Constituent, one who appoints an agent or attorney. (2) One who helps by his vote to elect a member of Congress, or of Slime other legislative body. Constitution, the fundamental law of a state or nation, establishing the form and limitations of government, securing the rights of the citizen, etc. Th,e Constitution of the United States was adopted in a convention of representatives of the people, at Philadelphia, September 17, 17-87, and became the law of the land on the first Wednesday in" March, 1789. Each of the states composing the United States has a constitution of its own. Constitutions usually prescribe the manner in which they may be amended. Constitutional, in accordance with the constitution. Laws which are unconstitutional are null and void. Construction, the interpretation of a statute, or written instrument. Constructive, implied by law, though not actual in fact; e.g., delivery, notice, total loss, trust. See those titles. Consuetudinibus et servitiis, l., a writ to recover arrears of rent. Consul, an official appointed by government to reside in a foreign country, and there to look after the interests of the sub- jects of the country which appoints him; e.g., by giving them assistance or advice, or by making dae representations to the proper authorities, taking charge of the effects of a deceased citizen, settling disputes between the master and seamen of a vessel of his country, etc. Consultation, a writ whereby a cause, having been wrong- fully removed by prohibition from an ecclesiastical to a tem- poral court, is returned thither again. (2) A meeting of two or more counsel, with the solicitors instrucWng them, for the purpose of deliberation. Consummation, the due completion of a thing; e.^., of marriage, (2) Of tenancy by the curtesy, is when a husband, CON 10 O N upon his wife's death, becomes entitled to hold her lands by curtesy {q.v.). His estate becomes inittate upon birth of a child. Contemner, one who has committed contempt of court. Contempt, a willful disregard or disobedience of public au- tliority. Each house of Congress, and of a state legislature, has power to punish contempts on the part of members or persons properly brought before it, by imprisonment, reprimand, or ex- pulsion. Courts may punish one who disobeys the rules, orders, or process, or willfully offends against the dignity and good order of the court, by fine or imprisonment. A person is said to purge or clear his contempt, when he expresses contrition and submits himself to the court. Contentious jurisdiction, jurisdiction to hear and deter- mine any matter between party and party in an action or other judicial proceeding, as opposed to jurisdiction in voluntary and ex-parte actions, taking probate of wills, granting letters of ad- ministration and the like, wl\pn there is no opposition. Contentment, a man's countenance or credit, which he has together with, and by reason of, his freehold. (2) That which is necessary for the support and maintenance of men, agreeably to their several qualities or states of life. Contestatio litis, l-, (Rom.), thestatement of the plaintiff, and answer or plea of the defendant, by which a case is brought before the judge. (2) The joinder of issue in the ecclesiastical courts. Context, that which is interwoven; those parts of a writing which precede and follow a phrase or passage in question, and which may be looked at to explain its meaning. Contingency with a double aspect, one which arises when two events are expressly named, or 'evidently- implied, upon the happening of either of which an estate will vest. Contingent, conditional; doubtful; dependent upon the happening of an uncertain event; e.g., a contingent estoie, legacy, remainder, use. See those titles. Continuance, the adjournmenit of a cause from one day to another of the same or a subsequent term. Continuando. Under the old action of trespass, to lay the action with a continuando, was to allege that the defendant's trespass was a continuing one, whereby multiplicity of actions was avoided. Contra, I., against; contrary to. Contra bonos mores, against good moi'als. Contrajformam collationis (against the Jorm of the gift], a writ that issued, where lands given in perpetuity for religious or charitable purposes were alien- ated, in a suit by the donor or his heirs to recover the lands. CON 71 CON Contrai formam feOfElimeilti (against the form of the feoff- ment), a writ that lay for the heir of a tenant distrained for more services than his ancestor was required to perform by the charter of feoffment. Contra formam Statuti (contrary to the form of the statute), the formal conclusion of every indict- ment for an offense forbidden by statute. Contra pacem (against the peace), the formal conclusion in au action ot tres- pass, or ejectment, after stating the facts constituting the cause or complaint. Contra proferentem, against the one putting it forth; a rule of construction. Contraband, goods exported or imported In violation of law. (2) In international law, those goods which a neutral may not carry to a belligerent, e.g., munitions of war. Contract, an agreement between competent parties, upon a legal consideration, to do, or to abstain from doing, some act. In its widest use the term includes agreements of record, judg- ments, and contracts under seal, or specialties. It is, however, usually applied to simple 6r parol contracts, not under seal, in- cluding written as well as verbal contracts. Contracts may be express, in which the terms are stated in words ; or implied, i.e., presumed by law to have been made from the relations of the parties; mutual and dependent, in which the performance by one is dependent upon the performance by the other;' inrfe- pendent, when either promise may be performed without refer- ence to the other; entire, in which the complete performance by one is a condition precedent to demanding performance of the other; severable, in which the things to be performed are capable of separation, so that on performance of part the party performing may demand a proportionate part of the considera- tion from the other; executed, in which the things each agrees to perform are done at the time the contract is made; executory, in which some act remains to be done by one or both of the parties; personal, i.e., depending on the skill or qualities of one of the parties; contracts of beneficence, by which only one of tlie contracting parties is to be beiieiited; as loans, deposit, and mandate. See also Agreement; Consideration. Contravention, an act done in violation of a legal obliga- tion. (2) (Sc.) the action founded on a breach of law-burrows (g.v). Contribution, the payment by each of two or more per- sons, e.g., sureties, jointly liable by contract or otherwise, of his share of the liability, (2) The satisfaction by a devisee, or leg- atee, of his share of the debts, «t liabilities imposed, by the will of the testator, or bylaw, upon the estate devised or bequeathed to him. (3) In maritime law, average contribution is the amount to be contributed by each person toward making good Co If 72 C6if a loss at sea, and is proportioned to the value of goods he may have shipped. See Average. Contributioue -facienda, l-, a writ where tenants in com- mon were equally bound to do some act,' and one of them was put to ihe whole burden, to compel the rest to make contribu- tion. Contributory, a person liable to contribute to the assets of a joint-stock company in the event of the same being wound up. Those who are members at, the time of winding up are primarily liable. Contubernium, (Rom.), the marriage of persons, one or both of whom were slaves, with the master's consent. Contumace capiendo, l-, a writ issued out of the court of chancery for the commitment of a person pronounced by an ecclesiastical court to be guilty of contempt. Contumacy, a refusal to appear in court when legally sum- moned; disobedience to the rules and orders of a court. Conusance. See Cognizance. Conusant, knowing, or aware of. Conventio in unum, I., agreement oetween two parties upon the sense of the contract proposed. Convention, a coming together, or assembly of delegates chosen by the people for the purpose of framing or amending a constitution, making a political platform and nominating candidates, or any other purpose, except legislation, for which a representative body may be called. (2) An agreemi-nt with a foreign state, e.g., as to the extradition of fugitive offenders. Conventional estates^ those which are created by the ex- press acts o| the parties, in contradistinction to those which are legal and arise from the operation of law. Conversion, the wrongful appropriation of the goods of another. See Th-over. (2) Equitable conversion is the chang- ing of the nature of property, which may be (a) actual, e.g., by converting land into money by selling it, or vice versa; or [b) constructive, where such an operation is assumed to have, though it has not actually, taken place, af=, for example, when an owner has agreed to sell land, and dies before executing the conveyance, the executors are entitled to the money, and not the heirs. The property constructively converted immediately assumes the same qualities as if the operation had been actually carried out. Conveyance, the transfer of the title of land from one to another. (2) The instrument for effecting such transfer. (3) The transfer of the title of vessels. The person drawing the instrument is called a conveyancer. CON n 6 O R Conveyancing, the science and art of the alienation of property by means of appropriate instruments. It includes the examination of title, and preparation of an abstract, as well as the instruments of transfer. Convict, to prove.orfind guilty of a crime or misdemeanor. (2) A person found guilty of a crime or misdemeanor, and sentenced to death or imprisonment. Conviction may be by trial and the verdict o£ a jury; or summary, by magistrates or justices, under statutory powers, without the intervention of a jury.' Convocation, in ecclesiastical law, the general assembly of the clergy to consult upon ecclesiastical matters. Convoy, ships of war which accompany merchantmen, in time of war, to protect them from the enemy. Coparcenary, a tenancy which arises when an inheritable estate descends from the ancestor to several persons possessing an equal title to it, who are called copm ceners or parceners; e.g., to daughters by the common law, or to isons by the custom in gavelkind. Copy, a transcript of an original document. Offlce copy, one made by an officer appointed for the purpose, and officially sealed. Copyhold, a base tenure founded upon immemorial cus- tom. Copyhold estate, one held by copy of the court rolls, and originally by the will of the lord, though this is no longer so. The freehold of copyhold estate is in the lord ; but in most respects, the ownership of a copyholder is as absolute as that of a freeholder. The method of alienation is by surrender and admiitance o( the surrenderee. See Heriot ; Fine; Customary freehold. The doctrine of copyhold has no application to the United States. Copyright, an incorporeal right, being the exclusive privi- lege of printing, reprinting, selling, and publishing his own original work, which the law allows an author; In England, it lasts for life and seven years longer, or for forty-two years, whichever is the longer period. In the United States, it lasts for twenty-eight years, with a privilege of renewal for fourteen more under certain conditions. It extends {inter alia) to maps, prints, engravings, and musical compositions.' The right may be assigned by a written instrument duly attested and recorded. Coram, l., before; in the presence of. Coram ipso rege, before the king himself; applied to proceedings in the Court of King's Bench. Coram nobis, before us; applied to writs of erroron ajudgnientin kintj's bench. Coram non judice, before one not the (proper) judge; applied to the acts ot a court which has no jurisdiction either over the person, the subject- COR 1i COR matter, or the process. . Such acts are wholly void. Coram paribus, before his peers. Coram vobis, be^re you; a writ of error directed to the court which tried the cause ; to correct an error in fact. Co-respondent, the man charged by a husband with adultery, and made a party to a suit for dissolution of marriage. Cornage, a form of tenure in grand sergeantry, by whicM the tenant was bound to blow a horn to give warning on the approach of an enemy. Corody, an allowance of meat, drink, etc., made by an abbey, or religious foundation, to a persoi) nominated by the king. Obsolete. Coroner, a person possessing judicial and ministerial func- tions. - In the former capacity, his chief duty is to hold in- quests, in doing which he may commit for trial any person against whom the jury find a verdict of murder or man- slaughter. In the latter, ne acts as sheriffs substitute, when there is a vacancy in the oflBce of sheriff, or when the sheriff is incapacitated by interest or otherwise. Coronatore eligendo, or exonerando, l, the writ issued to the sheriff commanding him to elect or remove a coroner. Corporal oath, so called because the party taking it lays his hand on the New Testament. Corporation, an artificial person or body of persons, estab- lished under a corporate name, for preserving in succession cer- tain rights differing from those of the individuals or corporators who constitute the corporation from time to time. It is either aggregate, consisting of many members, or sole, consisting of one person at a time. Corporations may be further subdivided into public, or municipal, created wholly for public interests; ecclesiastical, for religious ,purposes7 and lay, subdivided into civil, or private, for purposes of private gain, and eleemosynary, for charitable purposes, schools, hospitals, and the like. Corporeal, having a body; material ; tangible. Corpo- real hereditaments, such property as is tangible and capable of being inherited, e.g., houses and lands, embraced under the term things real. Corpus, the body ; the perSon ; the whole. Corpus comi- tatus, the whole county. Corpus cum causa, see Habeas corpus. Corpus delicti, the body of the offense; that, the commission of which must be established, before the accused can be legally convicted. Corpus juris canonici, the col- lection of the decrees and canons of the Roman church. Cor- f US juris civilis, the body of the civil law; the Institutes, andects. Code, and Novels of Justinian. See those titles. Correction, punishment by one having authority over C OR 75 C O U a/iother; e.g., a pai'ent over a child, a teacher over a scholar, a master over an apprentice, for the purpose of bringing the lat- ter to obedience. House of correction, one designed for the imprisonment and discipline of those guilty of petty offenses and misdemeanors. Corruption, influencing a judge, juror, or public officer, hy improper means, to do wrong, or to disregard his duty. Cor- ruption of blood, see Attainder. Cosening, cheating. Cosinage, or Cousinage, consanguinity. (2) A writ that lay for the heir whose great grandfather was seized of lands and tenements in fee at his death, against a stranger who en- tered upon the land and abated. Obsolete. Costs, the expenses incurred by the parties in the prosecu- tion or defense of an action at law. They were not recoverable at common law; but court costs, and in some cases counsel fees are taxed against the losing party, or the fund which be- comes the subject of litigation, by statutory authority. Co-surety, a fellow-surety. Couchant, lying down ; used of cattle trespassing. See Levant. Council, the legislative body of a municipal corporation. lis acts are usually termed .ordinances (q.v.). See Privy Council: Counsel, one who gives advice, especially legal; one who manages a cause in court. More often used as a collective noun, applied to all who are united in the management of a cause, or in advising with reference to a particular matter re- quiring legal knowledge. Counselor-at-law, an officer of the court employed by a party to a cause to conduct the same on its trial, in his behalf; a barrister. The distinction which formerly existed between counselors and attorneys-at-law (q.v.) has gradually been abol- ished. Count, the statement of a cause of action. A declaration has as many counts as there arc causes of action, or different statements of the same CMHscof action. (2) In criminal law, each part of an indictment which charges a distinct offense. See Gmrnnon count. Counter, contrary; opposed to. Counter affidavit, one made in opposition to another already made. Counter bond, H bond given to indemnify a security for going on one's bond. Counterclaim, the defendant's claim against the plaintiff, which the laws of most states permit him to set up in his an- swer or cross-petition, and to have adjudicated at the same time with the plaintiff's claim, to avoid a multiplicity of actions. It C O tr 16 C O IT must not require ditferent parties, and in general must be founded on contract, and if unliquidated damages are claimed, they must grow out of or be connected in some way with the plaintiff's cause of action. Counter deed, a secret writing, either before a notary or under a private seal, which invalid- ates or alters another. Counterfeit, an imitation made with- out lawful authority, and with a view to defraud. Counter- mand, to revoke or recall an order. Counterpart, the corresponding part or duplicate. Where a deed is executed in several parts or copies by the different parties, that signed by the grantor is the original, the others the counterparts. (2) The key of a cipher. Counter-seeurity, a security given to one who has entered into a bond or become surety for an- other. Countersign, the signature of a secretary, agent, or other subordinate officer to any writing signed by the prin- cipal or superior, to vouch for the authenticity of it. Countor, in England, a, sergeant-at-law; an advocate. County, a shire, or civil division of a country or state for iudioial or political purposes. Etymologically, that portion of a country under the immediate authority of a count. Most of the United States are divided into counties. County Courts, inferior courts of record, whose jurisdiction is limited to the county in which they are established. Counties Palatine, counties in which earls formerly had peculiar privileges, and exercised some royal powers, such as issuing writs, pardoning crimes, etc. They were Lancaster, Durham, and Chester. County rate, one levied on the occupiers of lands in a county for local purposes. County sessions, the general quarter sessions of the peace for each county, held four times a year. They have both civil and criminal jurisdiction. Court, a place where justice is administered. (2) The jud^e or judges when sitting to administer justice. Courts may bo classified in general as courts of record, those in which a final record of the proceedings is made, which imports verity and can not be collaterally impeached, and courts not of record, in which no final record is made, though it may keep a docket and enter in it notes of the various proceedings; courts of original jurisdiction, in which suits are brought, and which have power to hear and determine causes in the first instance, and appellate courts, which take cognizance of causes removed from other courts by appeal or writ of error; courts of equity or chancery, which administer justice according to the princi- ples of equity, and courts of law, which administer justice ac- cording to the principles of the common law; civil courts, which give remedies for private wrongs; criminal courts, in which public offenders are tried, convicted, and sentenced; C O U 77 C O U ecclesiastical courts, which formerly had jurisdiction oyer tes- tamentary and matrimonial causes, but which are now lim- ited to causes which grow out of the rules and discipline of the church; courts of admiralty, which have jurisdiction over maritime causes, civil and criminal; courts-martial, composed of a number of commissioned officers, especially assigned to such duty, which have jurisdiction of offenses against thg mil- itary or naval laws, committed by persons in that service. For particular courts, see their respective titles. Court of Ancient Demesne, one formerly held by a bailiff appointed by the king, in which alone the tenants of the iiing'a demesne could be impleaded. Court of Appeals, the name of the court of last resort in New York, Iforyland, Virginia, Kentucky, and a few other states. (2) A division of the Supreme Court of Judicature (?.«.), in England, for the correcting of errors in the High Court of Justice (g.v.) It is composed of the lord high chaJioellor, the lord chief justice, the master of the rolls, the chief justice of the common pleas, and the chief baron of the exchequer, and such other judges as the queen may appoint. Court of Arches ; Audience. See Arches and Audience court. Courts of assize and nisi prius, courts composed of two or more judges of assize, sent twice a year to the various circuits to try by a jury of the respective counties suca mat- ters of fact as were then under dispute in the courts of West- minster Hall. An action was originally triable only in the Su- perior Court of "Westminster, where it was brought, but tbo commission of nist prius secured the trial of the case before a jury of the county where the venire was laid, and the verdict was returned to the caurt above, where judgment was rendered upon it, unless before (nisi prius) the fifth day after, one of the parties moves for a new trial. Three other commissions were issued to the judges of assize, viz.: of the peace; of oyer and terminer, to hear and determine treasons, felonies, rob- beries, murders, and criminal offenses in general ; of jail de- livery, to try prisoners confined, and clear the jails. Court-Baron, in England, a court which, although not one of record, is incident to every manor, and may be held at any place within the same, on giving due notice. It generally as- sembles but once in the year. See Presentment; Manor. Court of Claims, a court of the United States established for the purpose of hearing >nd determining all claims founded upon any law of Congress, or upon any regulation of an execu- tive department, or upon any contract, express or implied, with the (Jovernment of the United States, and »U claims which C O U 78 C O U may be referred to it by either House of Congress, and all set- offs, counter-claims, and demands whatsoever on the part of the government against any person making claim against the government in said court; also all claims which may be re- ferred to it by any executive department where the amount in controversy exceeds $3,000, or where the decision will affect a class of cases and furnish a precedent for future action, or where any authority, right, privilege, or exemption is claimed or denied under the Constitution of the United States. The court is composed of one chief justice and four judges, who hold their oflBee during good behavior, and their sessions are held in Washington, D. C. An appeal, only on questions of law, lies to the Supreme Court on the part of the United States in all cases, and on the part of the claimants when the amount in controversy exceeds $3,000; but the findings of fact of the Court of Claims are conclusive. Court of Common Fleas, in Kngland, one of the three Superior Courts of Cumnion Law at Westminster, a branch of thb aula regis, and formerly ambulatory, but fixed at Westmin- ster by virtue of the 11th clause of Magna Charia. It derived its name from the fact that the causes of the cominon people were heard there. It bad exclusive jurisdiction of all real ac- tions, and, for a long time, exclusive jurisdiction of all per- sonal actions between subject and subject; but the courts oj King's Bench and Exchequer gradually encroached upon this ju- risdiction. It consists of one chief and four puisne or asso- ciate justices. By the Judicature Act of 1873, it was made a division of the High Court of Justice (?.«.). In many of the United States, courts of original and general jurisdiction, hear- ing also criminal and divorce cases. Courts of Conscience. See Courts of Request. Court for Crown Cases Reserved, in England, created by 11 & 12 Vict. c. 78, for the decision of points of law arising in criminal trials, and specially reserved by the judge or justices. Court for Divorce and Matrimonial Causes, in En- gland, a court established by 20 and 21 Vict. c. 85, to take exclusive jurisdiction over such causes. To it was transferred the jurisdiction of the ecclesiastical courts in such matters, and that exercised by Parliament in granting divorces. Court of Exchequer, in England, a superior court of record which formerly had jurisdiction only of revenue cases, and then, by a fiction that the plaintiff was a debtor to the King (see Qtto minus), took jurisdiction of all actions between man and man, except real actions. It consisted of one chief and four puisne judges or barons. By the Judicature Act, 1873, it was made the Exchequer Division of the High Court of C O U 79 C O U of Justice, and by order in council it was, in 1881, merged in tlie Queen's Bench Division. Court of Exchequer Chamber, in England, a court for the correction and prevention of errors of law in the three su- perior common-law courts. It consisted of the judges of two of the courts sitting together to decide -questions appealed from the other. Questions of unusual difficulty and importance were reserved for the decision of the full court, consisting of all the judges of the three coui-ts, and sometimes the lord chancel- lor. By the Judicature Act, this court was abolished, and its jurisdiction transferred to the Court of Appeal (g.v.). Court of Hustings, a court in the city of London, analo- gous to the sheriffs' county court. Court of Inquiry, a court consisting of one or more offi- cers, not exceeding three, and a judge-advocate, invested with power to examine into the nature of any accusation or imputa- tion against any military officer or soldier, and decide whether ulterior proceedings should be resorted to. Court of King's or Queen's Bench, the supreme court of common law in Englarid; the principal branch of the aula regis (?.".), so-called, because the King formerly sat in it in person. Its jurisdiction was formerly confined to the trials of crimes and misdemeanors which amounted to a breach of the peace, and trespasses committed vi et armis, but by a fiction of the law was gradually extended to all actions of case, actions where fraud was alleged, and finally to all personal actions and the action of ejectment. Its chief judge was and is still called the Lord Chief Justice of England, and there were four puisne judges. By the Judicature Act, 1873, its jurisdiction was transferred to the High Court of Justice (g.v.). Court-Leet, in England, a court of record, held once a year witnin a particular hundred or manor, before the steward of the leet. At it petty offenses blTb presented and punished. Court of Passage, in England, has jurisdiction over causes of action arising within the borough of Liverpool; and also in tidmiralty matters. Court of Peculiars, in England, a branch of the Arches Court (g.v). Court of Probate, in England, took the place of the eccle- siastical and other probate courts in 1857. It is now the Pro- bate, Divorce, and Admiralty Division of the High Court of Justice (g.v) Courts of Request, or courts of conscience, are courts which were established by act of Parliament in London and other cities for the recovery of debts not exceed'ng forty shil- lings. They were courts not of record and proceeded in a sum- COTJ 80 CRI mary wayto examine upon oath the parties and other witnesses without a jury, and make such order as was consonant with equity and good conscience. They were abolished in 1846, and their jurisdiction transferred to the county courts (?■")■ Court of Session, the supreme civil court or Scotland, consisting of the Lord President, the Lord Justice-Clerk and eleven ordinary lords. Courts of Survey, in England, hear appeals by masters or owners from orders for the detention of their ships. Courts of the Universities of Oxford and Cambridge, have civil and criminal jurisdiction in matters affecting their own members. ' Cousin-german, a first cousin, or child of one's uncle or aunt; the child (grandchild, etc.) of a flrst cousin is a cousin • once (twice, etc.) removed. Covenant, an agre^ment'or unilateral contract under seal, i,e., by deed. See Agreement ; Contract. The principal cove- nants in a deed conveying land are seisin, right to convey, for quiet enjoyment, against incumbrances, and for further assur- ances. A covenant is said to run with the land (or the reversion) when the benefit or burden of it passes to the assignee of the land, etc. See Title. Covenant to stand seized to uses, a •■ voluntary " assur- ance, operating under the Statute of Uses, and without transfer of possession. Now almost disused. Coverture, the condition of a woman during marriage. (2) The continuance of the married state. Covin,. fraud, collusion. Creditor, one who trusts or gives credit, correlative to debtor. A secured creditor is one who holds property of the debtor in pledge or mortgage, in addition to his promise to pay, express or implied. Creditors' bill, a bill in equity filed by one or more cred- itors, by and on behalf of himself or themselves, and all other creditors who shall come in under the decree, for an accouwt of the assets and a due administration of the estate. Cretio, (Kom.), the period fixed by a testator within which the heir had to formally declare his intention to accept the in- heritance. Crime, any violation of public law. When the act is of an inferior degree of guilt, it is called a misdemeanor. Crimen, I., a crime. Crimen falsi, (Kom.), forgery, per- jury, counterfeiting, alteration of instruments, and other frauds. Crimen laesae majestatis, (Rom.), treason. Crimen repetundarum, (Rom.), bribery. , Criminal, one guilty of committing a crime. (2) Adj., in- cBi 81 cm volving an offense against law; relating to crime. Criminal conversation, unlawful intorcourse with a married woman ; adultery. Criminal information, a proceeding brought against a criminal, by the proper officer, without a previous in- dictment or presentment to the grand jury. Criminal law, relates to crimes and their punishment. Criminal letters, (Sc), one form of criminal process before the High Court of Justiciary, the other being indictment (g.v.). They resemble in form a summons in a civil action. Cross-action, claim, or petition, is one brought, made, or filed by a defendant against a person who is claiming relief as plaintiff in an action against him. See Oounterelaim. Cross-examination, the examination of a witness by the side which didnot call him; generally after examination in chief. Cross- remainders. See Remainder. Crown, The, the sovereign. ■ (2) Adj., relating to or con- nected with the sovereign. Crown lands, the demesne lands of the crown, which are now usually surrendered by each sov- ereign on coming to the throne, in return for ths CH.vil list (q.v). Crown law, criminal law, the crown being the prosecutor. Crown office, a department formerly belonging to the Court of Queen's liench, and amalgamated by the Judicature Act, 1879, with the central office of the Supreme Court. Its chief official is the queen's coroner and attorney. Crown Office in Chancery, now transferred to the High Court. Its chief official, the clerk of the crown, issues the writ of summons and election for both Houses of Parliament, and performs the duties of the old Hanaper Office (q.v.). Crown side, the criminal side of the court of King's bench. Crown solicitor, the solicitor to the treasury, who acted, prior to 1879, in ttate prose- cutions as solicitor for the crown in preparing the prosecution. See Public prosecutor. Cruelty, acts which give pain, and aff'ect the life, health, or physical comfort of another. Cruelty to a husband or wife is a generally recognized ground for judicial separation, if not absolute divorce. Cruelty to animals is made an indictable oflFense by the laws of most of the states. Cry de pais, or Cri de pais, hue and cry. Cryer, an officer of a court, whose duty it is to make proclamations. Cucking-stool, a chair on which females, for certain offenses, e.g., that of being a " common scold," were fastened and ducked in a pond. Cui ante divortium, I., {cut in vita), an 6ld writ for a woman divorced from her husband, to recover her lands from him, to C U L 82 ■ . C U S whom her husband alienated them during the marriage, against her will. Culpa, (Rom.), fault; neglect.- Ctdpa levis, slight or ex- cusable neglect; culpa lata or magna, gross neglect, also called crassa negligentia. Cum, l; with. Cum grano salis, with a grain of salt, i.e., with due allowance for exaggeration. Cum onere, with the burden; subject to the incumbrance. A purchaser of land, with knowledge of an incumbrance, takes it cum onere. Cum testamento anuexo, with the will annexed. See Adminis- tration. Cumulative, additional, as distinct from substitutional or alternative, e.g., legacies, sentences, remedies. Cumulative evidence, that which goes to prove what has already been proved by other evidence. _ Curate, one who has the cure of souls; the lowest ecclesi- astical degree. He may be (o) temporary, or stipendiary, or (S) perpetual, in which case he resembles a vicar. Curator, a guardian. He may be (a) of a minor; (6) of a person non compos' inentis; (c) of property ad interim, called curator bonis; (d) for the purpose of conducting a suit for a minor, called curator ad litem. See Guardian; Tutor. Curia, l-, the court. Curia advisari. vult, the court wishes to consider the matter; an entry reserving judgment until some subsequent day. Curia claudenda, an old writ to compel the defendant to erect a wall between his land and the plaintiflF's. Curia regis, the king's court. Applied to the aula regis, communis bancus, and iter, or eyre, as courts of the king, but especially to the aula regis (g.v.). Cursitors, clerks of the Court of Chancery, who drew up writs that were "of course" {de cursu). Curtesy, the estate which a husband has for his life in his wife's fee-simple or fee-tail estates, general or special, after her death. Three things are necessary to this estate: A legal marriage, seizin of the wife and birth of issue, capable of in- heriting, alive and during the mother's life. Curtilage, a yard, piece of ground, or garden which ad- joins a dwelling-housei Custodian lease, a grant from the crown under the ex- chequer seal, by which lands, etc., of the king were demised or committed to some person as custodee or lessee thereof. Custody, care; in criminal law, detention. (2) See Infant. Custom, unwritten law established by long usage. It may be (a) general, which is the common law; or (J) particular or local, which is custom proper; (c) personal, e.g., the custom of merchants, or " law-merchant," as distinguished from "cus- C U S 83 BAM toms of ti'ade," which apply only to one particular trade. Customs must be immoraorial, continuous, peaceable, reason- able, certain {i.e., definite). Compulsory (i.e., not optional), and consistent. Custom-house, the oflBcb where goods are entered for im- port or export. Customary court, a court which should be kept within the manor for which it is held, for the benefit of the copy- holders of the manor (y.t>.). Customary freehold, is one held by privilege of frank tenure, i.e., by custom, and not by the will of the lord, wherein it differs from copyholds. Otherwise, it resembles them. Customs, duties levied on commodities, imported or ex- ported. Custos rotulorum {the keeper of the rolls or records), the principal justice of the peace w.ithin the county. Cy-pres, fr., {as near as), a doctrine of the courts, whereby if a person expresses a general intention with regard to his property, and also directs a particular mode of carrying out the same which is contrary to law, they, in some cases, give effect to his general intention as near as possible; e.g., in the case of charitable legacies. p. Damage, an injury to person, property, or reputation, oc- casioned by the wrongful act or negligence of another, or by accident. Damage feasant, or faisant, {doing damage), a term applied to the act of animals going upon another's land and feeding, tramping down grass, corn, etc. Damages, the amount claimed, or allowed, as compensation for injuries sustained through the wrongful act or negligence of another. They may be general, such as necessarily and by implication of law arise from the act complained of; or special, Buob as under the peculiar circumstanjes of the case arise from the act complained of, but are not implied by law; compensa- tory, sufficient in amount to cover the loss actually sustained; exemplary, punitive, or vindictive, when in excess of the loss sustained and allowed as a punishment for torts committed with fraud, actual malice, or violence; nominal, when the act was wrong, but the loss sustained was trifling; substantial, when the loss was serious; liquidated, i.e., fixed by agreement of the parties, as when it is agreed beforehand what amount one shall receive in case of a breach of contract by the other. Dame, the legal title of the wife of a knight or baronet. Damnify, to damage, to injure, to cause loss to any person. DAM , 84 DE Damnosa haereditas, (Uom.), a disadvantageous or un- profitable inheritance. Damnum absque injuria, l-, loss or damage occasioned without wrong, and for which there is no legal remedy. Darraign, to cleara legal account; to answer an aocusation. Darrein, last. Darrein continuance, last continuance. Darrein seisin, a plea which lay in some cases for a tenant in a writ of right. See Puis darireiH. Date, from I., datum, given. The designation of the time when an instrument was executed. Datum, data, facts or principles given or allowed. Day, The space of time which elapses between two succes- sive midnights. That portion of such time during which the sun is shining. The law, as a rule, takes no account of fractions of a day, except in cases of registration, where priority decides rights. Days of grace, see Grace. Daysman, an arbitrator; an elected judge. De, '., of ; for; about; concerning; from; out of. For the various writs beginning with this word, see generally the second word of the title of the writ, admittmido, bonis, etc. D6 annuo reditu, » writ to recover an annuity. De averiis reple- giandis, a writ to replevy cattle. De bene esse, a technical phrase applied to a thing done provisionally, and out of due course, e.g., evidence taken in advance of a trial, where there is danger that it may b6 lost, owing to the age, infirmity, or in- tended absence of the witness. De bonis non, see Adminis- tration. De bonis propriis, a judgment against an admin- istrator or executor, to be satisfied put of his own property, when he has been guilty of a devastavit, or has falsely pleaded plene qdministravit in a suit brought by a creditor of the estate. De die in diem, from day to day, continuously. De Donis^ statute of, see Donis , Tail. De dote unde nihil habet, a writ of dower which lay for a widow when no part of her dower had been assigned to her. De estoveriis habendis^ a writ which' lay for a woman divorced a fnensa et thoro, to re- cover her alimony. De facto, de 'jure, in fact; by right. These are mutually opposed terms. De homine reple- giaudo, a writ to take a m^n out of prison, or out of the custody of a private person, upon giving, security that the man shall appear to answer any charge against him. De injuria, the replication by which the plaintiff in an action of tort denies the sufficiency of the excuse or justification set up by thedefendant. De la plus belle, see Dower. De lunatipo inquirendo, a writ for ascertaining whether a party charged is a lunatic or not. De manucaptiare, a writ commanding the sheriff to take sureties for a prisoner's appearance, and to set him free. D E 85 D E A De medietate linguae, see Jury. De melioribus dam- nis, the liberty granted to a plaintiff, who has sued several de- fendants and had damages assessed severally against each, of elfectinij which he will take. De meroatoribus, see Acton Burnel. De non decimando, a claim to exemption from the payment of tithes. De novo, anew; afresh. De odio et atia, a writ commanding the sheriff to inquire whether a person charged with murder was committed upon just cause of suspicion, or merely on account of some one's hatred and ill ' will, and in the latter case to admit him to bail. De parti- tione facienda, the ancient writ for the partition of lands held by tenants in common. De perambulatione faCienda, a writ comraanding"the sheriff, in case of a boundary dispute between two towns, to take with him twelve knights and walk the bounds, establishing them to a certainty. De plegiis acquietandis, a writ which lay in behalf of a surjly who had been compelled to pay, against his principal. De rppara- tione facienda, a writ which lies for one tenant in common, to compel another to aid in repairing the common property. De son tort, executor, one who, not being appointed an executor, takes upon himself to act in that capacity at his own tisk (lit. of his own wrong). De tallagio non concedeudo, the statute 34 Edw. I., restricting the power of the king to grant talliage (q.v.). De una parte, of one part, applied to a deed in which only one party gives, grants, or binds himself to do a thing, as opposed to a deed inter partes. De ventre inspiciendo, a writ to inspect the body, where a woman claims to be pregnant, to see whether she is with child. Dead freight, money paid by a person who has chartered a ship and only partly loaded her, in respect of the part left empty. Dead man's part, that part of an intestate's personalty which, prior to 1 Jac. II. c. 17, was not divided between his wife and children, but became the administrator's. Dean, an ecclesiastical officer, who derives his name from the fact that he presides over ten canons or prebendaries at least. Dean and chapter, the council of a bishop, who assist him with their advice in regard to the temporal and religious affairs of his see. Dean of the Arches, the presiding judge of the Arches Court (q.v.). Death, the ceasing to live. Civil death, is the state of a man who has lost all his civil rights, and, as to them, is considered as dead. Death is presumed from an absence of seven years or more, when the person has not been heard of in that time. There is not in English law any presumption as to which died DEB 86 B E C first of two persons killed by the same accident, e.g., by a shipwreck. Debenture, an instrument under seal issued by a company, or public body, as security for a loan. (2) A certificate issued by the collector of a port to an importer for drawback of , duties imported and then exported by him. Debet et detinet, l., an action brought by the original creditor against the original debtor. One by a person repre- ^ senting a creditor, e.g., an executor, was in the detinet only. DetaitUIQ fundi, I., (Sc), a real debt, or charge on land. Debt, a sum certain due from one person (the debtor) to another (the creditor). Debts are (a) of record, being those proved by the records of a court, e.g., judgment debts; (J) specialty, those under seal; (c) simple contract, those not under seal. (2) The common-law form of action which lies to re- cover a Slim certain. Debtee-executor, a creditor made executor by the will of his debtor. Decedent, a deceased person. Deceit, a fraudulent misrepresentation or contrivance, by which a person is misled to his injury. (2) A common-law ac- tion to recover damages for loss caused by misrepresentation or fraud. Trespass on the case {q.v.) was, however, more eijiployed for this purpose. Declarant, a person who makes a declaration. Declaration, a public proclamation, e.g., the Declaration of Independence; a declaration of war. (2) The statement by a plaintiff of his cause of action; (3) A statement made by one of the parties to a transaction, frequently admissible in evidence; e.g., when it is against the pecuniary interest of the party making it, when it is part of the res gestae (g.v.), or when made by a dying person, in cases of homicide. Declaration of intention, the formal statement by an alien that he renounces his allegiance to the sovereign of the country of which he is then a citizen, and will become a citi- zen of the United States, made before the proper court, with a view to naturalization (q.v). Declaration of trust, an [ac- knowledgment, generally in writing, by a person having the possession of and' legal title to property, that he holds it for the use of an.other. Declaratory, that which explains or fixes the meaning of something which was before doubtful or uncertain, e.g., a declaratory statute. Declaratory decree, one declaring the rights of the parties without ordering any thing to be done. IJecree ; (Sc), decreet, an order made by the court in a DEC -87 DEP suit in equityji or libel in admiralty. It is interlocutory, it it doea not finally dispose of the case, elg., an order directing an accounting, or a sale, appointing a receiver, etc.; or final, when it does dispose of the case. A Decree nisi, is one which is at first conditional, but becomes absolute, unless within a given time the party against whom it is rendered shows good cause why it should not be. Decreet arbitral, (Sc), the award of an arbitrator. Decretal order, a chancery order in the nature of a de- cree, but not made at the hearing Decretals, a volume of the canon law, so called as contain- ins the decrees of sundry popes. (2) A digest of the canons. Dedi, I; I have given. The aptest words to denote a feofi- ment when deeds were written in Latin. It formerly carried with it a warranty in law. Dedi et concessi, I' have given and granted. - Dedicate, to devote land to some public use; e.g., to make a private way public; to set apart ground for a public park, etc. Dedication, maybe express, i.e., made by deed, or declaration ; or implied, i.e., to be presumed from acts of the owner, such as acquiescence in the public use. A dedication is not complete until accepted by the public authorities. Dedimus potestatem, I., (we have given the power), a, writ or commission empowering the persons to whom it is directed to do a certain act, such as to administer the oath to a newly appointed justice, to take testimony, and the like. (2) A writ formerly issued, appointing an attorney to appear for the de- fendant. Dedition, the act of yielding up any thing; surrendry. Deed, an instrument written on paper or parchment, duly signed, sealed, and delivered, used cliiefly to convey an estate in land not less than a freehold. In many states a mere scroll suflSces for a seal. Deed poll, is one which is made by one party only, as opposed to an indenture (q.v.). Deemster, or Dempster, a judge in the Isle of Man, who is chosen by the people, and decides all disputes without pro- cess or pleadings. Defamation, scandalous words written or spoken concern- ing another, tending to the injury of his reputation, for which an action on the case for damages would lie. See Libel; Slander. Default, omission of that which a man ought to do. (2) The non-appearance, or failure to plead, of a party to a suit. Defeasance, a condition, especially one contained in a col- lateral deed or document accompanying another, providing that upon the performance or occurrence of certain matters, an D E F 88 . DEL estate or interest created ty such other deed shaiU be defeated and determined. Defeasible, that which may be defeated, determined, or divested. Defeetus sanguinis, l., failure of issue. Defendant, the person against whom an action is larought, or an indictment found. Defendemus, l-, [we mil defend), a word used in old grants and donations, which binds the donor and his heirs to indem- nify the donee against any incumbrance other than what is mentioned therein. Defense, a forcible resistance of an attempt to injure one's self, one's family, or property, or tocommit a felony. (2) In pleading, the denial by the defendant of the truth of plaintiff's complaint. (3) The conduct of the trial, on behalf of the de- fendant, whether he be sued in a ciyil action or be prosecuted criminally. Definitive, that which terminates a suit. Definitive sentence, the final judgment of a court, in opposition to pro- visional or interlocutory judgment. ■ DeforceQient, the holding of lands or tenements to which another person has a right; so that this includes as well an abatement, an Intrusion, or a disseisin, as any other species of wrong, by which he that has a right to a freehold is kept out of possession; but It is used especially of keeping out of possession one who has never had possession. Hence, deforceor, one who withholds possession wrongfully, and deforciimi, the person against whom the fictitious action used to be brought in levying a fine. Degradation, an ecclesiastical censure; whereby a clergy- man is divested of holy orders. Degree, a step, from generation to generation, in- the dis- tance between kindred. Dehors,/?'., out of; without; foreign to. Del credere commission, one for which the agent or factor guarantees prompt payment on the part of the persons to whom he sells his principal's goods. Delegate, one authorized to act for another. (2) A per- son elected to represent others in a deliberative assembly, such as a nominating convention. (3) A person elected to repre- sent a territory of the United States in Congress. He hag a seat, and the right of debate, but not the right to vote. Delegation, (Kom.), the substitution, by means of novation, of a new debtor for the original one, with the latter's consent. See Expromissio. (>2)'AppointmeDt of a delegate. (3) The whole body of delegates representing a particular state, dis-. DEL 89 DEM triot, or county, in a legislative or other assembly, or at the court of a foreign power. Deletion, (So.), erasure. Delictum, l-, a crime, tort, or wrong. See Action; Ex delicto; Flagrante delicto. Delivery, the act of transferring possession. It may be actual; or conxtructive, i.e., implied by law from the acts of the parties; e.g., handing to the buyer the key of the warehouse where his goods are stored ; separating and marking them with his name ; transferring to him a warehouse receipt; or giving him an order on the person with whom the goods are stored, which operates as a delivery as soon as accepted by the latter, and the like (2) In conveyancing, the transfer of a deed from the grantor to the grantee, or some one acting in his be- half, which is absolute, when the deed is intended to take effect immediately ; or conditional, when the deed is handed by the grantor to a third person, to be by him handed to the grantee when certain specified conditions shall be performed. Until the conditions are performed, the instrument is called an escrow (y.v.) Demand, the widest word for a claim, including any right of action. (2) A request to pay money, or to do something, made under a claim of right to have it paid or done. Demand note, a note payable on denqand. Payment must be demanded, before suit can be brought, or the statute of limitations begins to run. Demandant, the old term for a plaintiff in a real action iq.v.). Demesne, own ; private. Demesne land or manor, that which is in the owner's or lord's own occupation, by himself or his tenants for years. See Ancient demesne; Crown lands. Demise, a transfer of a right or dignity; e.g., demise of the crown, which usually occurs on the death-of the sovereign; hence the word "demise" is sometimes wrongly used for "de- cease." (2) A conveyance either in fee, for life, or for years, especially the latter. Demise and redemise, mutual leases or grants of the same land, or something out of it; e.g., a rent- charge. Demur, to stay, or abide. To object formally to a plead- ing, that, admitting the facts to be true as stated, rto cause is shown why the party demurring should go further. It imports that the party demurring will stay, and not proceed until the court decides whether he is bound to do so. Demurrers are either general, where no particular cause is assigned, and the insuffic- iency of the pleading is stated in general terms, or special, where some particular defects are pointed out. Demurrers may be to the whole or to any part of a pleading. B S M 90 DEB Demurrage, in commercial navigation, an allowance made to the owners of a ship by the freighter, for detaining her in port longer than the period agreed upon. (2) The de- tention itself. Denizen, in English law, an alien born, who has obtained from the crown letters patent, called letters of denization, to make him (either permanently, or for a time) an English sub- ject. Deodand, a personal chattel which has been the immediate occasion of the death of any human being who had reached years of discretion. Previous to 1846 it was forfeited to the crown, to be given to God, i.e., applied to charitable uses. Department, a civil or military division of a country. (2) One ot the principal offices established by law for the adminis- tration of public affairs, whose chief officer is a member of the cabinet. There are seven, viz., the Department of State, the Treasury Department, the Interior Department, the Post-office Department, the Department of War, the Department of the Navy, and the Department of Justice. Departure, in maritime law, a deviation from the course prescribed in the policy of insurance. (2) In pleading, a statement of matter in a subsequent pleading which is incon- sistent with, or not pursuant to, the ground taken by the same party in his previous pleading. Depasture, to put cattle out to graze. Deponent, a person who makes an affidavit, or gives testi- mony under oath, which is reduced to writing for use x>n the trial of a cause, called a deposition. Deposit, ,money, deeds, etc., lodged by one person with another as a pledge or security, e.g., that he will complete a purchase, or repay a loan. (2) A bailment of goods to be kept foi" the depositor without reward, and to be returned when he shall require it. The term is popularly applied to money placed in bank for safe-keeping, the bank undertaking to return ■ not the specific money, but other money equi ' in amount. Deposition, dep.riving a person of a dignity; used especially of ecclesiastical censure. (2) See Deponent. Deprivation, taking away a benefice from a clergyman on account of Some offense. Deputy, one who acts for, or instead of, another in some office or dignity. In general, he has power to do any act which his principal might do, and should always act in the name of his principal. Deraign, to degrade. (2) To prove; make good. Derelict, abandoned; especially used of a vessel forsaken DEB 91 DIE at sea; also of land left permanently uncovered by the reced- ing of water from its former bed. See Alluvion. Derivative conveyances, secondary deeds, which pre- suppose and oontirm or niter some other. Derogate, to lessen ; impair. A grantor may )ioi derogate from his own grant; i.e., prejudice the right thereby created ,by any subsequent act of his own. Descent, one of the two chief methods of acquiring an es- tate in lands. It is the passing of landed property of an in- testate to another person by the operation of law, i.e., by his right of representation as heir-at-law of the intestate. See Set'r. Desertion, the criminal offense of leaving the army or navy without license. (2) Abandoning wife or children. Continued desertion for a number of years is a valid ground for divorce in most states. Detainer, Unlawful, the wrongful keeping of a person's goods, although the original taking may have been lawful. (2) Writ of, an obsolete form of process for commencing a personal action against one already in prison. See Forcible entry and detainer. Determinable, liable to come to an end on the happening of some contingency, e.g., an estate devised to a widow during life or until she marry again. Detiuet. See Debet.' Detinue, a personal action at law arising ex delicto for the recovery of goods or their value. No longer in use. Devastavit, (Ae has wasted), a, misapplication or waste of the property of a deceased person by an executor or adminis- trator, for which he is liable. Deviation, hy a ship, is departure from her proper course. This, when without necessity or just cause, invalidates her in- surance policies. Devisavit vel non, l., an issue formerly sent from the Court of Chancery to be tried in a court of law, whether lands al- leged to pass by a certain will did so pass or not. Devise, a gift by will, properly applicable to realty ; but it is also used sometimes of personalty. See Legacy. Dictum, or obiter dictum, the expression by a judge of an opinion on a point of law arising during the hearing of a case, which, however, is not necessary for the decision of that case. A dictum is not, therefore, binding on other judges. Diem clausit extremum, I., (he has died), in England, a writ of extent, directing the sheriff, on the death of a crown debtor, to inquire by a jury when and where he died, and what chattels, debts, and lands be had at tbo time of DIE 92 DIB his decease, and to seize them into the crown's hands. See Extent. Dies, I., a day. Dies a quo, the day from which ; opposed to Dies ad Quem, the day to which. Dies amoris, a day of favor; if obtained after default by the defendant it amounts to a waiver of the default. Dies communes in banco, regular days for appearance in court; common return days. Dies datus, a day given to the defendant in a suit; a con- tinuance Dies fasti, nefasti, et intercisi, (Rom.), busi- ness days, holidays, and half-holidays. Dies gratiae, days of grace. Dies non, (Scil. juridicus), one on which no legal ) business can be transacted; e.g., Sunday, Christmas-day. Dies utiles, available days. Digamy, second marriage, after death of the first wife. Digest, an abridged and methodically arranged compila- tion of decisions, or statutes, intended to aid one in finding out what the law is on a given subject. The principal digests now in use are the United States Digest, Jacob's Fisher's Digest, and the digests of the various state and United States reports. By " The Digest," is commonly understood the Pandects of Justinian. Dignitary, an ecclesiastic who holds a dignity (q.v.) which gives him pre-eminence over mere priests and canons, e.g., a bishop, archbishop, etc. Dignity, in England, the right to bear a title denoting rank or office. If inheritable it is a species of incorporeal hereditament. Dilapidation, the ecclesiastical term for waste, as applied to the buildings of the benefice. See Waste. Dilatory plea, one whose object is to defeat the particular action brought, without coming to a trial on the merits, e.g., a plea to the jurisdiction, or a plea in abatement. Diligence, care. See Negligence; Culpa; Bailment. (2) In Scotch law (a) a warrant to enforce attendance of witnessei or production of writings; (J) a writ of execution. Diminution, making less; incompleteness, e.^., of a record. Diocese, a district subject to a bishop's authority. IJirect, straightforward ; not collateral or indirect. Direct evidence, is opposed to circumstantial evidence (q.v.). Direct examination, the first examination of the witness by the party who calls him. Direction, the explanation of the law given to a jury by the judge in a case where their verdict depends partly on the law.' Erroneous or mis-direction is ground for a new trial.- Directorj one elected or appointed to manage or superin- tend the afiairs of a company, or a public institution. Directory statute, is opposed (1) to deelaratory, i.e., a DIB, 93 D I S statute which merely declares what the law is; and (2) to im- perative. When a statute directs that an act should be done in a specific manner, or authorizes it upon certain conditions, if a strict compliance with its provisions is not essential to the validity of the act, it is said to be directory, although the per- formance may be enforced by mandamus; but if fiich compli- ance is essential, it is said to be imperative. Birimant impediments, absolute bars to marriage, which would make it nail ab initio. Disability, incapacity to do any legal act, e.g., to sue or con- tract. It may be (a) absolute or perpetual, as in the case of felons; or (6) partial or personal, as in the case of infants, lunatics, etc. Disabling statutes, those which restrict the exercise of a right, or the power of alienation. DisaSbrest, to throw open ; to reduce from the privileges of a tor to the state of common ground. Disagreement, of a jury, is a failure to unite upon a ver- dict. In criminal law, this does not prevent a second trial of the accused for the same offense. Disbar, to expel a barrister or counselor from the bar for misconduct Discharge, the act by which a person held to answer a charge of felony or misdemeanor is set at liberty. (2) The de- cree by which a bankrupt is released from all liability for debts incurred prior to the adjudication of bankruptcy. (3) A rule nisi is discharged, when the court decides that it shall not be made absolute. (4) The act by which a jury is relieved from further consideration of a case; e.g., the finding of a ver- dict; the death of one of the jurymen, although by agree- ment of the parties the case may still go on before the sur- vivors. A jury may be discharged, when the judge is satis- fied that they are and will be unable to agree on a verdict, or when the trial is unable to proceed on account of the sickness of the judge. Disclaimer, a disavowal or formal renunciation, e.g., by a trustee, of the trust (which is usually evidenced by a deed) ; or by a patentee, of part of his patent. (2) A refusal to accept, e.g., an office, by an executor, who declines to prove a will; or an estate, by one to whom it was conveyed or devised. (3) A denial by a tenant of his landlord's title. (4) In equity, a re- nunciation by defendants of all claim to the thing demanded by the plaintiff. Discontinuance, an interruption or breaking of the right of entry. This formerly happened where a person aliened a larger estate tban he had, so that on his death the ■DI& d4 BIS next owner had to bring an action. (2) A failure to proceed in, or the voluntary dismissal of, a case by the plaintiflf. Discovert, a widow ; a woman unmarried. Discovery. It is the right, as a general rule.of a party to an action, to exact from any other party thereto discovery, or information upon oath, as to (a) matters of fact (see Inter- rogatories), and (S) documents in defendant's past or present possession or power. See Production; Inspection. .The right of a plaintiff to this benefit, as against a defendant, is limited to a discovery of such material facts as relate to the plaint- iff's case, and does not extend to a discovery of the manner in which the defendants case is to be established, or to evi- dence which relates exclusively to his case. Discredit, to throw doubt on a witness's evidence by as- sailing his character, or otherwise. A party may not, as v. rule, discredit his own witness. Discretion, the use of private and independent judgment. Such matters as are left to the discretion of the trial judge, e.g., the order in which the parties shall introduce evidence, the proportion of costs which each shall bear, etc., can not be reviewed by the court to which the case is taken on error. (2) Ability to distinguish between good and evil. This is pre- sumed to exist at the age of fourteen, and may be proved to exist between the ages of seven and fourteen. ■ Discussion, (Sc), the sureties' right to defer paying the debt for which they become bound until the creditor has dis- cussed, [i.e., brought process of execution against) the principal debtor, and he has'failed to'pay. Disentailing deed, in;England, an enrolled assurance by which a tenant in tail maj bar the entail, i.e., convert it into an estate in fee. See Protestor; Base fee. DisfranehisemiBnt, tfie act of depriving of a franchise, such as the right to vote o"- the right to act as a member of a corporation. DiSgavel, to exempt -rom the rules of gavelkind (q.v.). Disherison, the act of debarring from inheritance. Disheritor, one.w-ho puts another out of his Inheritance. . Dishonor, to refuse to accept or pay a bill of exchange, or dralt, or to pay a promissory note when duly presented. See Acceptance; Bill of exchange. Disme, a tenth or tithe; whence our word dime. Dismiss, to send out of court, as a defendant, or an action. Dismissal, may be final, i.e., made afier a full hearing on the merits; or without prejudice, before the case has been heard on Its merits, when the plaintiff Is at liberty to bring another ac- tion for the same cause. bis d6 D I s Disparagement, in England, matching an|helr in marriage beneath his degree or against decency; used of a marriage proposed by a guardian and injurious to his ward. Dispauper, to prevent a person suing any longer in forma pauperis (g-v), if it appear during the action that he has property. Dispensation, an exemption from some law. (2) A license. (Ecclesiastical term.) Dispone, (So.), to grant. An essential word to convey an inheritable estate. Disponer, a grantor. Disseisee, a person turned out of possession, or disseised. Disseisin, a wrongful putting out of him that is seized of the freehold ; as distinct from abatement or intrtcsion. Dissolution, a legal severance or breaking up. This may take place in cases of (1) partnership, by death of apartner, by agreement, or by order of a court ; (2) companies, by winding up, or cessation of working; (3) marriage, by decree of divorce ; (4) an attachment, by an order of court releasing the goods taken, on giving bond, or proving that the writ was improperly issued. Distrain, to make seizure of goods or chattel? by way of distress. Distress, a taking without legal process of a personal chat- tel from the possession of a wrong-doer, to enforce payment {e.g., of rent), performanoe of duty, or satisfaction for an injury. The right to distrain arises (a) by common-law, e.g., where beasts of a stranger are found damage feasant; (6) by statute; or (c) by power reserved in an agreement. It can not be exer- cised at night, and must be made, in the case of rent, upon the land whence the rent issues, and! for the whole at one time. See Replevin. (2) The thing distrained or taken. Some goods and animals are exempt, e.g., those necessary for carrying on the debtor's trade. Distress infinite, one that has no bounds with regard to its quantity, and may be repeated from time to time, until the stubbornness of the party is conquered. Such are distresses for fealty or suit of court, and for compelling jurors to attend. The right to distrain for rent does- not exist in many states. Distribution, the division, according to law, among the heirs of an intestate of the residue of the personal estate re- maining after paying the debts and coats of administration. District, a division of the United States, or each of the several states for political or judicial purposes. Each state is divided into congressional districts, corresponding in number to the number of representatives it is entitled to send to the House, in each of 'which a congressman is elected by the qualified D I S 96 D I V voters thereof. In a similar manner the states are divided into districts for the election of members of the legislature. See Bistrici Courts. District attorney, an officer appointed for each judicial district of the United States, whose duty it is to prosecute in such district, all persons charged with violating the laws of the United States, and to represent the United States in all civil actions pending in such district to which the United ■ States is a party. District Courts, United States Courts of Record of the lowest rank established and sitting in the respective judicial dlsttiots Into which the whole United States is divided. Some states constitute a single district each, but the larger states are divided into two or more. One judge, called the district judge, is appointed by the President, by and with the advice of the senate, for each district, and holds his office during good behavior. District. Courts have original jurisdiction in admiralty, bankruptcy and revenue cases, but none in com- mon-law or equity cases, except such as grow out of the revenue laws and a few other statutory matters. (2) Courts of some of the states established for the purpose of hearing and deciding causes in limited districts to which their jurisdiction is confined. In some of the states their jurisdiction is chiefly ' appellate. In others it Is original and inferior. iSistriugas {that you distrain), anciently called constringas, a writ addressed to thei sherifiF, directing him to distrain on a person therein named, in order to compel the performance of a duty or the delivery of a chattel. See Meri. (2) An order forbidding the transfer of stock on a company's books; or the payment of dividends, without notice to the person who has put on the distringas. Disturbance, the infringement of an Incorporeal right, easement, etc. (2) Of tenure, is wrongfully to cause a person to quit his tenancy. Dittay, (Sc), the matter of charge against a person accused. Diversity, a plea by a prisoner, alleging that his identity Is mistaken. Divest, or Devest, to take away from a person an estate or interest, which has already vested. Dividenda, an indenture; one part of an Indenture. Divisa, an award, or decree. (2) A devise. (3) Boun- daries of a parish, farm, etc. (4) A boundary court. Division of opinion, such a disagreement between the judges constituting a court as prevents any judgment being rendered in a matter before them. When It occurs in a Circuit D I V 9: BOM Court of the United States the case may be certified to the Supreme Court for decision. Divisional Courta, in England, are courts consisting o( two or more judges of the High Court, which transact certain business which can not be disposed of by a single judge, e.g., appeals from county courts. Divisions, of the High Court of Justice, in England, are now three, viz.: Chancery; Probate, Divorce and Admiralty ; and Queen's Bench; the Common Pleas and Exchequer Divisions having in 1881 been consolidated with the latter. Divorce, a judicial severance of the tie of matrimony. It may be (a) by a decree of dissolution (a vinculo mairiinonii), 01 nullity of marriage, which is complete; or [b) by a decree of judicial separation (a mensd et thoro), which, being only par- tial, does not enable the parties to marry again. See AduU tery; Judicial separation. Dock, the place in court where a prisoner is put during his trial, (2) The space for vessels between two wharves. Dock warrant, a document issued by a dock owner stat- ing that the goods mentioned in it are deliverable to a person therein named, or to his assigns by indorsement. Docket, an abstract or brief entry in writing. (2) A boob in which brief entries of all important acts done in court in each case are made. Doctor's Commons, the buildings in which the Ecclesias- tical and Admiralty Courts were held, near St. Paul's Ca- thedral. Document, a deed, agreement, letter, receipt, or other in- strument in writing used to prove a fact (2) In civil law, evi- dence delivered in due form, of whatever nature such evidence may be. Doe, John, the nominal plaintiff, fictitious lessee of the real plaintiff, in the old action of ejectment, which was abol- ished in England by the Common Law Procedure Act, 1852. Dole, a share allotted, e.g., of common land, which is also called dole-meadow. Doli capax, or Incapax, l-, capable, or incapable, of dis- tinguishing between right and wrong. See Discretion. Dolus, I., an act which deceives another to his harm, or violates the just confidence reposed by him. Used generally in the sense of Dolus malus, willful deceit; fraud. See Misrepresentation. Domain, dominion ; possession ; the right to dispose of a thing at pleasure. (2) Land about the. manor-house of a lord. DOM 9§ DOR DombOC, or Dome-book, a collection of local customs compiled by the order of King Alfred. Domesday, or Doom.sd.ay-book, a record of surveys of the greater part of England, made in the time o£ William the Conqueror. Domestic, relating to the household, including those who live with and serve the family, as well as the family itself. Domicile, the place where a person has his legal home or Iplace of permanent residence. It depends (.). Exigenter, an officer who makes exigents, proclamations, etc. EXI 114 EXT Exilium, spoiling; exile; it is applied especially to the turning of enfranchised tenants out of their holdings. ExituS, children; offspring. (2) The issues, i.e., the rents and profits of lands. (3) The conclusion of the pleadings. Exlegalitus, Exlex, an outlaw. Exoneratioa, relieving a person or estate, or some part thereof, fi'oni liability or burden by placing it on another. Thus a testator is said to exonerate his personality from pay- ment of his debts if he charges them on other part of his estate which is not primarily liable. Exoneretur, an entry of discharge of the bail, made on the recognizance or bail-piece, when tbe condition is fulfilled. Exordium, the introductory part of a speech. Expatriation, the forsaking one's own country, and re- nouncing allegiance, with the intention of becoming a perma- nent resident and citizen in another country. See Naturaliza- tion. , Expectant or in expectancy, estates or interests. which are to come into possession arid be enjoyed in futuro; e.g., re- versions. (2) Expectant heir, one who has a prospect of com- ing into property on the death of another person. Expert, one who has acquired by special study, practice, and experience,' peculiar skill* and knowledge in relation to some particular science, art, or trade.. (2) A witness who, be- cause of such special knowledge, is called to testify in cases de- pending on questions peculiar to such science, art, or trade. Expilation, robbery — especially, of an heir. Express, that whici is stated in direct words, and not left to implication ; e.g., an express promise, express trust. Expromissio, (Rom.), a species of novation ; a creditor's acceptance of a new debtor (expromissor) who took the place of the old debtor, who was discharged. Extend, to value property. See Extent. Extension, of time, further time allowed by way of indul- gence to pay a debt, put in a pleading, or the like. Extent, or Extendi ta,cia,S, {that you cause to be extended or appraised at their full value), the peculiar writ issued from the exchequer, to recover debts of record due to the crown ; it differs from an ordinary writ of execution at the suit of a sub- ject, because under it the lands andgoods of the debtor may all be taken at once in order to compel the payment of the debt. An extent in chief is made by the crown to recover its own debt. An extent in aid is made to recover a debt due to a crown debtor from a third person. Writs in the nature of ex- tent were formerly issued by private persons in certain cases. EXT 115 PAC Eztinguishiuent, the destruction or cessation of a right, either by satisfaction, or by the acquisition of one which is greater. Thus a debt is extinguished by payment, or by the creditor's acceptance of a security higher in the estimation of law, e.g., a bond instead of a simple contract; an easement, by release, or by acquiring the tenement over which the easement existed. See Merger. Extortion, the unlawful taking, by color of office or of right, of money or anything of value which is not due. Extra, I; out of; beyond. Extra viam, out of the way. Extra vires. See Ultra vires. Extradition, the surrender by one natiin or state to an-' other, of a person accused of crime committed in the latter, so that he may be tried there, pursuant to treaty stipulations, or the constitution and laws of the United States. Extrajudicial, out of the regular course of legal pro- cedure; e.g., a remedy, or dictum. Extra-territoriality, that quality of laws which gives tbem operative force, beyond' the territory of the power which enacted them, upon certain persons {e.g., ambassadors), or rights. Extrinsic. See Evidence. Eye-'witness, one who gives evidencg as to facts seen by himself. Eyre. See Eire. p, a mark formerly Branded on the cheek of fighters (who had no ears to cut off) and those convicted of falsehood. Fabric-lands, those given for repair of a church, etc. Facias, i., that you do, or cause. Facio ut des, I do that you may give; a species of contract in which one agrees to do something for wages or an agreed sum of money. FaciO Ut facias, I do that you may do; a species of contract in which one agrees to do or forbear doing something in consideration of the other's doing or forbearing to do something, e.g., a marriage contract. Fac simile (make it like), an exact copy. Fact, a thing done, or existing. Whether a thing was done or does exist, is a question of foci for the jury. What are the rights and liabilities of the parties, the facts being proven, is a matter of law for the court. Factor, an agent employed to sell goods' or merchandise consigned or delivered to him by or for his principal, for a PAC 116 PAB compensation commonly called factorage or commission. See Broker. (2) (Sc). A land agent. Factory, a place where traders reside in a foreign country to carry on their trade. (2) A building in which goods are manufactured. Failure, want I neglect; non success. Failure Of issue, dying without children. Failure of record, the neglect or inability of a defendant, who has pleaded matter of record in bar to an action, to which plaintiflF has replied nvl iiel record (there is no such record), to produce such record on the day assigned. On such failure, plaintiff is entitled to judgment. Faint action, or pleader; a feigned action, or false plea. Fair, a large concourse of persons having goods and chat- tels to exhibit and sell, held at stated intervals, or on special appointment, and attracting large numbers of spectators and buyers. Pair-play-men, three men elected annually by the early inhabitants of that part of Pennsylvania which lies between Lycoming and Fine Creek, and was supposed to be outside of the lands ceded by the Indians, and therefore out of the juris- diction of the colonial authorities, to settle disputes. Pait enrolle, a deed enrolled. Faitours, evil-doers ; vagabonds. Faldage. See Foldage. Fallow, land plowed and left unsown. False, not true or just. False imprisonment, restraint imposed on a man's liberty without proper legal authority. False judgment, in England, a process that lay by way of appeal to the superior courts from inferior courts not of recoi-d, to amend errors in their proceedings. False pre- tenses, untrue statement^ made with a, view to obtaining money, goods, etc., and to defraud the owner. False return, a return made by a sheriff, constable, or other ministerial officer in which statements are made contrary to fact. Falsify, in taking accounts, is to prove a debit charged to be incorrect. See Surcharge. (2) To defeat; reverse; e.g., & judgment. (3) To make incorrect ; to alter fraudulently ; e.g., a pedigree or record. Farm, originally land let on lease under a rent, generally payable annually. To farm let, are operative words in a lease. It has come to mean in the United Slates any large tract of land used for agricultural purposes or stock raising, whether leased or not. Farmer, orfginally the lessee of a tract of land. Now, one who cultivates a farm, whether he owns it, leases it, or not FAS 117 P E M Fasti, (Eom.). The epithet /astos is properly applied to any thing in accordance with divine law, and hence those days upon which legal business might, without impiety, be trans- acted, were technically denominated /os^i dies, i.e., lawful days, as opposed to dies nefasti. (2) The sacred books in which the dies fasti were miirked. Fauces terrae, projecting headlands inclosing an arm of the sea. Favor, bias; partiality; prejudice, ^es Challenge. Fealty, the oath of fidelity which used formerly-to be taken by every free and copyhold tenant to his lord. See Homage Fee, a recompense for oflBcial or professional services. (2) An estate of inheritance, i.e., which goes to the heir of the owner, if he dies without disposing of it. It is divided into three species : (a) Fee-simple, a freehold estate of inherit- ance, absolute and unqualified. This is the highest and most ample estate known to the law, out of which all others are taken or "carved." An owner in fee has absolute power of disposition. This estate is created in a deed by the limitation to A. and his heirs; but in a will, the intention to give a fee is sufficient without these words, [b) Qualified, or base jee (y.i>.). (c) Fee tail, a freehold estate of inheritance, limited to a person and particular heirs of his body, male or female. Fee-farm, land held of another in perpetuity by the tenant and his heirs at a yearly rent. A perpetual leasehold estate- The rent reserved on such a lease is called /ee-/arm rent Feigned issue, a proceeding whereby an important point may, by consent of the parties, be determined by a jury, without the formality of bringing an action, or raising it in the plead- ings, where an action is in progress By recent legislation, power has generally been given to the courts to refer issues to a jury for trial; the resort to feigned issues is now obsolete. Fellow-servant, one employed in the same general serv- ice with another, so that both are subjected to common risks, and each is liable to suflTer by the other's negligence. Felo de se (a felon with respect to himself), a suicide. Felonious homicide, killing; a human creature without justification or excuse. See Homicide Felony, at common law, was every offense which caused a forfeiture of lands or goods, besides beiing punishable by death, imprisonment, or other severe penalty. Forfeiture has, how- ever, been abolished, like attainder and escheat; and now fel- ony signifies any indictable offense which is greater than a mis- demeanor. Feme-covert, a married woman. See Baron. PEM ll8 P]tA Feme-sole, an unmarried woman. Fence, or Defense-montllS, otherwise called close time, in England, the time during which wild beasts, birds, or fishes ■ are occupied in bringing forth their young, incubating, or spawning, and the law consequently forbids them to be taken or destroyed. Feed ; Feodal ; Feodum. See Feud. Feoffee, one enfeoffed. See Feoffment. " FeoflFee to uses, the person in whom, before the Statute of Uses, the legal seisin of thg land was vested, the beneficial ownership or use being in the cestui que use. See Use. Feoffment, the transfer of possession of a freehold estate by a ceremony technically called livery of seisin, which consisted of a public delivery of the land by the owner (or , fgoffor) to the feoffee. This was usually recorded in an in- strument called a deed of feoffment. Except in the case of an infant tenant in gavelkind, who can thus transfer his estate at the age of fifteen, feoffment is now disused in England. It- never came into practical use in the United States, the statutes relating to the execution and recording of deeds having sup- planted it. Ferae, beasts; animals. Ferae mansuaetae, tame or do- mesticated animals. Ferae . naturae, wild animals. See Animal. Feriae, (Kom.), holidays, public or private. Ferme, afarm; rent; a lease. Ferry, the right to carry persons or goods across a river for a toll. It is a franchise [q.v.). Feu, (Sc), vassal tenure, as distinguished from ward hold- ing or military tenure, the service being commuted for a re- turn in money, called fett-duty, analogous to rent. To feu is to lease. Feud, was a grant of land made by a feudal superior or lord'to a tenant or /ejiolaifory in return for fealty and certain services. jThe lord in return was bound to protect the tenant. This was called itie feudal system, which prevailed over the greater part of Europe in the middle a^es, and was perfected by William the Conqueror in England, thereby displacing the 8axon laws of property. See Dominium. (2) The land itself ■.^ranted by a lord to a tenant on condition of fealty, military service, and the like Fiar, (So.), the person in whom is the ownership of prop- erty, real or personal, subject fo the estate of a life-renter (q.n.). . . Fiat {let it be done), a decree; an order or warrant by a judge or other constituted authority. Vlt) 119 p 1 N Fidei-commissum, (Bom.), a trust imposed on a person by will. If it related to the inheritance, it was called Jidei- commissaria haeredUas. Pide-jussor, (RomJ, a surety whose heirs were bound. Fidepromissor, (Kom.), a surety who was not a Koman citizen, and could not therefore bind himself by the word spondeo. His heirs were not bound. See Sponsor. Fiducia, (Rom.). If a man transferred his property to an- other, on condition that it should be restored to him, this con- tract was called fiducia, and the person to whom the property was so transferred was said, fiduciam accipere, and to be a Ji- dueiary. Fief, a fee; a manor ; a possession held of a superior. Fieri facias [that you cause- to be made), a writ whereby one who has recovered judgment for any debt or damages nnay obtain execution of the personal property of the judg- ment debtor. Fieri feci (/ have caused io he made), a return made by a sheriff when he has executed a writ of ^. fa., and levied the debt or part of it. Filacer, an officer who filed original writs, etc., at West- minster. ■ - File, literally a thread or wire on which writs, etc., were fastened when deposited with the proper officer. A paper is said to he filed y^hen delivered to the proper officer, and by him kept with other papers of a similar character in suitable boxes, pigeon-holes, or bundles. Filiation, the relation of a son to his father. See Affilia- tion. Filum, I., a thread; a line. Altum fllum, high water line. Filum aquae, a thread of water, used generally to de- note thB middle line of a stream. Filum forestae, the border of a forest. Filum. viae, the middle line of a road. Final, last; that which ends or concludes. See Judgmtnt; Interlocutory. [ Finding, the conclusion of a court or jury as tp a question of fact or law at issue. (2) The discovery and possession of that which belongs to, and was lost by another. The finder's rights are superior to those of all others, except the owner. He should restore lost property to the true owner when he can be found, and is entitled to reasonable compensation for his services and expenses, and any- reward that may be offered. Fine, a money penalty, or mulct. (2) A sum paid by a feudal tenant to his lord, usually on a change of estate, e.g., in copyholds, on death or alienation. Such fines may be (a) fixed or certain, or (6) arbitrary, or at the will of the lord, pro- vided it be reasonable. (3) Before the Pines and Recoveries PIN 120 FLO Act, 3 and 4 Wm. IV. c. 74, a fine was a fictitious judicial method of tran«feiTing property, so called because a fine was paid on compromising the suit. It consisted of five parts: (as) the praecipe, [b) the liceniia coneordandi, or leave to oompro- mi'se, (c) the agreement between the parties, whereby one ac- knowledged a supposed right in the other, (d) the note of the proceedings, and (e) the chirograph, which recited the whole proceedings. Fines were also used prior to the above-named act, by tenants in tail to bar the entail, and by a married woman conveying her estate jointly with her husband. See Cognizance; Deforciant; Recovery. Fine-force, compulsion; absolute necessity; or inevitable constraint. Firm, the persons composing a partnership, taken collect- ively. (2) The name or title under which a partnership transacts business. First impression, -A case of, is one raising a new point of law. First instance, Court of, that before which an action is first brought for trial, as contrasted with a court of appeal.. Fiscal, belonging to the public treasury (^Fisc), or revenue. Fishery, the right of catching fish, which may be (a) pub- lic or common, as the right to catch fish in the sea and navi- gable rivers; (i) private, e.g., the right to fish in streams not navigable, which belong to riparian owners. Fish -royal, whale, porpoise, and sturgeon, so called because they belonged to the king when thrown ashore on the coast of England. Fisk (Sc), the right of the crown to the movable estate - of a person pronounced rebel. Fixture, an article which was a personal chattel, but which, by being physically annexed to a building or land, becomes ac- cessory to it, and part and parcel of it. Formerly it was treated as belonging to the owner of the freehold, and passed with it to. a vendee; and, though annexed by a tenant for his own convenience in the occupation of the premises, could not be removed by him. The rule has been modified by statute in England and many of tha states, and is much relaxed in practice, especially as between landlord and tenant, so that trade fixtures and ornamental fixtures may generally be removed at the end of his term by the tenant, provided he does thereby no material injury to the freehold. Flagrante delicto, I., in the very act of committing the crime. Floating, current; changing; not fixed. Floating cap- FLO 121 FOB ital, that retained to meet current expenses. Floating in- debtedness, that which grows out of current operations, and is not funded or fixed. Flotsam, or floatsam, goods cast overboard, or lost fronn a vessel, when floating upon the sea, as distinguished from jetsam and ligan (g.v.). Foenus nautieum, l., marine interest, not limited by law, he- cause the lender runs so great a risk of losing his principal. See Botlomry. Foetus, a babe in the womb. Foeticide, abortion (}.«.). Folo, or Folk, the people. Folkland, under the Saxon system, was the public or common land of the community as opposed to boc-land (q.v.), which was the property of private individuals. A sins;le person, however, could have a life estate in folkland. Folk-mote, or gemote, a general assembly or court to consider matters concerning the commonwealth. Folk-right, the common law. Foldage, the lord's right to have his tenant's sheep gra;ze on his land so as to manure it. Fold-course, the lord's right to graze his sheep on his ten- ant's land, or vice versa. (2) Land subject to this right. Folio, a certain number of words in a writing;, e.g., in Eng- land, seventy-two in conveyancing, and ninety in chancery and parliamentary proceedings; in the United States, gener- ally one hundred. (2) The number of a page. (3) The largest size of a book. Force, unlawful violence. It may be (a) simple; (b) com- pound, i.e , when some other crime is coinmilted at the same time, (cj implied, as in every trespass. " With force and arms " (m et armis), words usually inserted in a declaration of tres- pass or indictment, though not absolutely necessary. Forcible entry, or detainer, » taking possossion of lands, tenements, etc., with force, threats, or actual violence (m ei ormt's), whether done by the actual owner or a stranger; the forcible keeping of possession of lands and tenements by one not the owner and not entitled to the possession. Foreclosure, a proceeding in equity, by which a mort- gagor's right to redeem the mortjjaged premises at any time, on payment of the debt secured, with interest, is barred or closed forever, after a day certain named by the court. Foregift, a pi'emium for a lease. Fore-hand rent, rent payable in advance. Foreign, that which belongs to another country, or subject- matter. Every nation is foreign to all the rest, and the several states are foreign to each other, with respect to their municipal FOB 122 F o a laws, though all are dotaestio in relation to the United States government and laws. Foreign attachment, a process by which the property of a debtor residing in a foreign state or country may be seized for the purpose of compelling an ap- pearance, or subjecting it to the payment of a debt. For- eign bill of exchange, one drawn on a drawee residing in a different state or country from the drawer. Foreign judg- ment, one rendered by a court of another state, or country, thjjtn the one in which it is sought to enforce the judgment. The records and judicial proceedings of the courts of any of the states, when properly authenticated, are entitled to the same faith and credit in the courts of any other state as they have in the courls from whence the records are taken. For- eign laws, those enacted and in force in a foreign state, or country. Courts do not take judicial cognizance of such laws, and they niust be proved as facts. Foreign plea, one object- ing to the court's jurisdiction. Forejudger, a judgment whereby a person is deprived of a thing or right. A solicitor was said to )i& forejudged by the court when he was expelled. Forensic, belonging to or applied in courts of justice, e.g., forensic medicine, otherwise jcalled medical jurisprudence. Forest, a wooded tract reserved for beasts and fowls of for- est, chase and warren, as a hunting-ground. Forest courts, courts instituted for the government of the king's forests and the punishment of trespassers and poachers; now obsolete. Forestall, to head off, or obstruct, e.g., a traveler on the highway; a tenant coming to take possession of his premises; a dear trying to regain the forest, etc. Forestalling the market, buying mercnandise or pro- visions on their way to market in such quantities as to destroy competition, and enhance the price, with the intent to sell again at the higher price. Forfeiture, the loss of some right or property as a penalty for some illegal act, or some negligence or breach of contract. In England, prior to 1870, forfeiture of lands and goods re- sulted from conviction for felony;'now it is only caused by. out- lawry. Forfeiture- for crimes is almost unknown in the United States. Forfeiture of a bond, failure to perform the con- dition on which the obligee was to be excused from the penalty in the bond. Forfeiture of a lease, putting an end to the term, for the non-payment of rent, or non-perfurmance of other conditions at the stipulated time. .Courts of equity grant re- lief against such forfeitures in many cases. Forfeiture of marriage, the liability incurred by a ward in chivalry, who P O R 123 r O R refuses an equal marriage tendered by his guardian, to pay the guardian as much as he had been offered for it, or as much as a jury would assess. Forgavel, a quit-rent; a small reserved rent in money. Forgery (the crimen falsi of the Roman law), the false making or alteration of an instrument, which purports on the face of it to be good and valid for the purposes for which it was created, or the false or unauthorized signature of a docu- ment, with a design to defraud. » Forinseeus, ?■, outward; foreign; without. Forisfactus, l, outlawed. Forisfamiliation, (Rom.). A son was forisfamiliated, or put out of the family, if his father assigned him part of his land, and the son expressed himself satisfied with such portion, (2) By Scotch law, a child is forisfamiliated who has expressly discharged his claim to legitim (q.v.). Form, the manner, e.g., of a pleading, as opposed to the mat- ter. (2) A model to aid one in drawing up an instrument, pleading, entry, or other legal document. Formedon, an ancient writ provided by statute, 13 Edw. T. c. 1, for a person claiming a right to lands or tenements by virtue of a gift in tail (performam doni), when out of posses- sion ; now abolished. Formulary, a form ; a precedent. Fornicatioil, sexual intercourse by an unmarried person with another, whether married or not. Forprise, an exception, or reservation ; also an exaction. Forschel, a strip of land lying neit to the highway. Forswear, to swear to a falsehood ; to reject or renounce upon oath. Forthcoming, (Sc), a proceeding in attachment to sub- ject the goods to the payment of the debt. Forthcoming bond, one taken by a sheriff to secure the production of goods levied upon, when required. Forthwith, immediately; as soon as the nature of the ease will permit. Fortuitous, accidental; happening by chance; unex- pected; inevitable. Fbrum, i., an open space in Roman cities,*where the people assembled on solemn occasions, where markets were held, and where the magistrates fat to transact their business. Hence, a court of justice; the place where justice must he sought. Used also in the sense of jurisdiction. Forum competens, the court having jurisdiction. Forum contractus, the place of making a contract. Forum domicilii, the court of a I" O U 124 F B A mail's domicile. Forum originis, the court of that place of which, at the time of his birth, a person's father was a citi- zen. Forum rei gestae, or sitae, the court of the place where a thing was done; or where the thing (e.g., real estate), which is the subject of the action, is situated. Four corners. That which is apparent on the face of a deed, will, or contract, without aid from extrinsic testimony, is said to bo within its four corners. Four seas, the seas surrounding England. Within the four seas, means the jurisdiction of England. Franchise, a special piivilege or liberty, conferred by gov- ernment, and vested in particular individuals. In the United States, franchises aro generally exercised by corporations cre- ated for the purpose, and deriving their powers under general or special l^ws. Elective franchise, the privilege of voting at an election of public officers, members of Congress, etc. Frailk^ free; the privilege of sending letters and other matters by the public mails without paying postage, formerly possessed by members of- Parliament, members of Congress, etc. (2) The signature placed on the envelope or wrapper by one having the franking privilege, to indicate that it goes free. Frank-almoign (free alms), the tenure by which religious corpuralions hold land, so called because it was free of service, except tbp.irinodanecessitas(q.v.). Frank-bank. See Free- bench. Frank-fee, lands held by a man to himself and his heirp, free of such service as was required in ancient demesne {g.v.). ' A fine had in the king's court might convert demesne lands into frank-fee. Frank-marriage, land given by way of dowry to a woman and herhusband,/reeq/ series. Frank- pledge, the bond or pledge which the Inhabitants of a tithing entered into, under early Norman reigns, by which they be- came mutually responsible for each other's good behavior, and bound themselves that any transgressor should be forthcoming to answer for his oflFense. Frank-tenement, a freehold eslato. Fraud, the gain of an advantage to another's detriment by deceitful or unlair means. It may be {a.) actual, where there is deliberate misrepresentation, concealment, or fraudulent intent; or (6) constructive, where the court implies it, either from the nature of the contract, or from the relation of the parties, as in the ca?e of a trustee and his cestui que trust. Fraudulent dealings with property in particular cases, e.g., by a debtor to defraud his creditors, are often dealt with by statute. F'raud on a power is where it is so exercised as to violate the intention of the person who created it. Fraud is a ground for setting aside a transaction, at the option of the person preiu- P fi, A 125 F B, E diced by it, or for recovery of damages. See Deceit ; Mistake ; Suppressio veri; Suggestio falsi. Frauds, Statute of, 29 Car. II. c. 3. The main object of this statute was to take away the facilities for fraud and the temptation to perjury which -arose in verbal obligations, the proof of which depended upon unwritten evidence. Its most important provisions are these: (a) all leases of lands, etc. (excepting those for less than three years), shall have the force of leases at will only, unless they are in writing and signed by the parties or their agents; (6) assignments and surrenders of leases and interests in land must be in ^yriting; (c) all declara- tions and assignments of trusts must be in writing, signed by the party (trusts arising by implication of law are, however, ex- cepted); (rf) no action shall be brought upon a guarantee, or upon any contract for sale of lands, or any interest in or con- cerning them, or upon any agreement which is not to be per- formed within a_year, unless the agreement is in writing and signed by the party to be charged or his agent; (e) no contract for the sale of goods for the price of £10 or upward shall be good, unless the buyer accept part, or give something in part payment, or some memorandum thereof be signed by the parties to be charged or their agents. The substance of this statute has been enacted in almost all states of the Union, to- gether with other provisions of the same general character, designed to prevent frauds and peijuries. Frater consanguineus, 1-, a brother by the father's side, opposed to frater uierinus, a brother by the mother's side. jPree, not bound; unrestricted; at liberty to act as one pleases. Free-bench, a widow's dower out of her husband's copyholds, to wiiich she is entitled by the custom of some manors. Unlike dower, it does not attach, even in right, until the death of the husband. See Dower. Free-board, land claimed beyond or without the fence; said to be two feet and a half. Free entry, egress, and regress, the right to go on and off land at will; e.g., to take emblements. Freefold. See Fold-course, Freehold, one of the two chief tenures, known in ancient times by the phrase "tenure in free socage,'' as opposed to land held in villenage or copyholds. (2) An estate either in fee simple or tail, or tor a man's life, whether his own or another man's. See Autre vie. The owner of such an estate is called a freeholder, which term is also used specially as opposed to leaseholder. Free ships, neutral ships. " Free ships make free goods," is a phrase often . used to denote that goods on board of a free ship shall be free from confiscation, even though belonging to an enemy. Free- PRE 126 PUT warren, in England, a franchise, granted by the orown to a sut^ect. for the preservation of beasts and fowls of warren." Freight, the sum paid for the carriage cf goods by sea. See Dead freight; Charter-party; Affreightment. It is now ap- plied to the sum paid for the cavnajje of goods by land, and also to the goods themselves in process of transportation Fresh, recent; not old, or stale. Presh disseisin, such a disseisin as formerly a man might seek to defeat by his own action, and without the aid of the courts; said, in one case, to be one committed within fifteen days; in another to be one committed within a year. Presh-flne, a fine that has been levied within a year. Presh foroe, an act committed by force within forty days. Presh-suit, the immediate pursuit and apprehension of a robber by the person robbed Pructus, I., fruit; increase; that which results or springs from a thing. Pructus civiles, all revenues which, though not strictly /r-Miis, are recognized as such bylaw. PruetuS' industriales, products obtained by the labor and cultivation of the occupant Emblements (?.■«.). Pruotus naturales, products resulting from the powers of nature alone, as wool, milk, etc Pruetus pendentes, fruits united with the thing which produced them, Pugitive from justice, one who, having committed a crinie.flees from the jurisdiction within which it was coraniitted to escape punishment. See Extradition. ■■ Pull age. See Age. Punctus ofQ.CiO, l-, is used of one who, having discharged his duty, has terminated his authority or appointment; also, of an instrument, which once had life and power, but is no longer of value, the power conferred by it having been exercised , Pund, money or securities devoted to a certain purpose; e.j., a fund for payment of debts. (2) Capital; hence, to fund • is to capitalize. (3) The funds are the public funded debt of the government; originally, the taxes, customs, etc., appropri- ated by the government for the payment of its debts. Puugibiles'res, l., a term applied in the civil and Scotch law to things that can be replaced by equal quantities and qualities of the like kind; e.g., a bushtl of wheat. 3ee Mutuum. Pur, l; a thief One who steals without using force, as dis- tinguished from a robber. Further assurance, a covenant entered into by a vendor, to the effect that he will execute any additional conveyance or instrument that may be required to perfect the vendee's title. Future estate, one which is to commence in possession at same future time. It includes remainders, reversions, and es- GAB 127 GAV tates limited to commence infuturo, without any particular es- tate to support, which last were not good at common law, except in ihe case of terms for years. Gabel, a rent, duty, or service yielded or done to the king or any other lord. A tax. Gage, (I; vadium), a pawn or pledge. See Mortgage. Gager, to find security ; to wage. Gager deliverance, to put in sureties, or a pledge, to deliver cattle distrained. Gager ley, to wage law. Gale. See Oabel. Game, birds and beasts of a wild nature that may be taken or killed by fowling and hunting. Game laws, laws relating to the preservation of game from useless and unrea- sonable destruction, and restricting their capture or killing to certain seasons of the year when it will interfere least with their propagation. Gaming, or Gambling, playing at cards, dice, billiards, or other game for money, the winner taking the money of. the loser. Gaming with certain devices is prohibited by the laws of nearly every state as demoralizing to the individual and con- trary to public policy. Ganancial, a species of community in property enjoyed by husband and wife, the property being divisible between them equally on a dissolution of the marriage. Gaol, or Jail, a prison; a place for confining criminals and those detained for trial. Gaol delivery, in England, a commission to the judges, etc., to try prisoners at the assizes (q.v.), and deliver them out of jail. Garnish, money paid by a prisoner on going into prison. Abolished, 4 Geo. tV. c. 43. Garnishee, a person in whose hands a debt is attached, i.e., who is warned not to pay money which he ewes to another person, when the latter is indebted to the person warning or giving notice. See Attachment. Garth, a close; a dam or weir. Gavel; Gavelgeld. See Gabel. Gavelkind, {land that yields rent, i, «., not held by knight service), descends to all the sons equally, and in default of sons to the daughters in the ordinary manner. It was retained in Kent only, when the JSormans introduced the lawof primogen- iture into the rest of the kingdom. The widow or widower of a deceased tenant takes half, and only till marryipg again. GEM 128 OLE An infant tenant may alien hy feoffment (g.v,) at fifteen. All land in Kent is presumed to be of this tenure unless the con- trary is proved. Gemot, a moot; meeting; public assembly. See' Folk. General, common to many or all; extensive; not restricted ; not special. General average. See Average. General demurrer. See Demur. General issue, a plea simply traversing modo et forma, the allegations in the declaTation without offering any special matter to evade it; eg., the pleas of " not guilty " in torts and criminal proceedings, nil debet, in an action of debt, or more assumpsit, to an action on a simple contract. General lien, » right to detain a chattel, etc., until payment be made, not only of any debt due in respect of the particular chattel, but of any balance that may be due on general account in the same line of business. General ship, one which is not chartered to a particular person, but which undertakes to carry for freight the goods of any one wishing to send them to any of the ports it is bound for. The co'ntract with each freighter is usually made by bill of lading. Gen- eral ■verdict, the decision of the jury, when they find in general terms for the plaintiff or defendant. - German, whole as respects blood or descent. Thus, brothers-german, are those who had the same father and mother; cousins-german are those in the first and-nearest de- gree, i.e., children of brothers or sisters. ' Gestation, the carrying of a child in the womb for the period which elapses between its conception and birth ; usually nine months of thirty days, or thereabouts. This period is added, where gestation exists, to that which is allowed by the riile against perpetuities. Gestio pro haerede, l-, {behavior as heir, Sc), conduct by which the heir renders himself liable for his ancestor's debts, as by taking possession of title-deeds, receiving rents, etc. Gewrite, writings, deeds,- or charters. Gift, a voluntary transfer of property, made without a bind- ing; consideration. (2) The right or power to give ; hence to lie in gift. (3) A grant of land in tail. To give was the proper word of grant in feoffments. See Donatio. Gild, or Guild, a society. (2) A contribution or tax. Gist, the main point in question; the pith of a matter. Gist of action, the cause for which an action lies; the es- sential ground and foundation of a suit. Glebae ascriptitii, I., (assigned to the land), villein-soc- men who could not be removed from the land while they did the service due. G L E 129 G B A Glebe, the land possessed as a part of the revenue of an ec- clesiastical benefice. God-penny, earnest money given to a servant on hiring. God's acre, a church-yard. Good, not bad; adequate; sufficient; valid. Good be- havior, conduct in conformity with law. When a person is suspected, on reasonable grounds, of an intent to commit a crime or misdemeanor, he may be r«quired to give security for his good behavior for a stated time. Good consideration, as distinguished from valuable consideration, is one founded on motives of generosity, prudence, and natural duty, such as "natural love and affection." Good Will, the advantage or benefit which is acquired by a business, beyond the mere value of the capital or stock employed therein, in consequence of its having a body nf regular customers and a general reputation. Goods and chattels, the general denomination of things personal, as distinguished from things real, lands, tenements, and hereditaments. See Chattel. Grace, Days of, time of indulgence, usually three days, granted to an acceptor or maker for the payment of his bill of exchange or note. It was originally a gratuitous favor (hence the name), but custom has rendered it a legal right. Graffer, a notary, or scrivener. Grand assize, a peculiar kind of trial by jury introduced in the time of Henry II., givingthealternative of trial by battle. Grand cape. See Cape. Grand jury, a body of men not less than twelve nor more than twenty-four freeholders of a county, returned by the sheriff to every session of the peace, oyer and terminer, and general jail delivery, whose duty it is, on hearing the evidence for the prosecution only in each bill of indictment, to decide whether a sufficient case is made out on which to hold the ac- cused for trial by the common jury. See Ignoramtis; True Mil. Grand larceny, in English law, consisted, prior to 1827, when the distinction between grand and petit larceny was abolished by statute, of the stealing of goods or money of the value of twelve dollars and upwards The distinction between grand and petit larceny, depending on the value of the goods stolen, is still maintained in many of the United States, and defined by statute. • Grand serjeanty, a tenure by personal services of an honorable nature. Grant, a generic term applicable to all transfers of real property, and proper to be used in all conveyances of free- holds. The grantor is he who transfers to the grantee. See GRA 130 HAB Uses. (2) A license, right, or authority conferred; e.g., grant of a patent, of probate, of administration. See those titles. Gratuitous, made without consideration. Great charter. See Magna Charia. Great seal, the emblem of sovereignty, introduced by Ed- ward the Confessor; used for all public acts of state. Great tithes. See Tithe. Gree, satisfaction for aa offense committed or injury done.' Gross, great; excessive; entire. A thing or right is said to exist in gross when it is not appendant or appurtenant. See those titles, Collateral. Gross average, that which falls on ship, cargo, and freight, as distinguished from particular aver- age. Gross negligence, such want of care as not even in- attentive and thoughtless men are guilty of with respect to their own property. Ground-annual, (Sc), ground-rent; feu-duty. Ground-rent, that which is paid by a person for land which he has taken on lease and covenanted to build on. Growing crops. See Away-going ; Emblements. Guarantee, he to whom a guaranty is made by a guarantor. Guaranty, or Guarantee, a promise to a person to be answerable for the payment of a debt, or the performance of a duty by another, in case he should fail to perform his engage- ment. It may be for a single act, or he a continuing gjaranty, covering all transactions of like kind and to a like amount, until revoked by the guarantor. Guardian, one who has the control or management of the person, or property, or both, of another, who is incapable of acting oij his own behalf; e.g., an- infant, or a lunatic. (2) Guardians ad litem are appointed by the court to represent infants or lunatics in an action. Guest, a person who is received and entertained at a house or inn. An innkeeper who furnishes lodgings and refresh- ment for a consideration is liable for all goods belonging to a guest brought within the inn, but not for goods left by a per- son not stopping at the inn, and not giving any consideration for the care of such goods. Guilty, criminal. The-state of one who has committed a crime, misdemeanor, or offense. H. Habeas corpus, 2., (that you have the body), words used in various writs, commanding one who detains another to "have," or-bring, him before the court issuing the same. H A B 131 H A E Habeas corpus ad faciendum et recipiendum, or cum causa, issues when a person is sued in some inferior jurisdiction, and is desirous to remove the action into the su- perior court. It commands the inferior judge to produce the body of the defendant, together with the day and cause of his caption and detainer, to do and receive whatever the superior court shall think fit. Habeas corpus ad prosequendum, issued to remove a prisoner, in order that he might be tried in the proper jurisdiction. Habeas corpus ad responden- dum, issued in civil causes, to remove a person out of the cus- tody of one court into that of another, so that he may be sued and answer in the latter. Habeas corpus ad satisfacien- dum, issued to remove a prisoner from one court to another, in order to charge him in execution upon a judgment of the last court. Habeas corpus ad subjiciendum. This, the most celebrated prerogative writ in the English law, is the usual remedy for a person deprived of his liberty. It is ad- dressed to hira who detains another in custody, and commands him to produce the body of the person in custody, with the day and cause of his caption and detention, and to do, submit to, and receive whatever the judge or court shall think fit. Ha- beas corpus ad testificandum, issued to bring a witness into court, when he was in custody at the time of a trial. Habeas corpus act, the name given to the statute, 31 Car. II. c. 2, which established the right to this writ in all cases of illegal detention. The right appears to have existed and been exercised before, but its efficiency had been much impaired, and this act gave it renewed force. Habendum, l-, the clause following the granting part of a deed, and beginning with the words "to have and to hold," which defines the extent of the Interest conveyed. Habere facias, l-, {that you cause to have), words used in various writs of execution, or in aid of execution. Habere facias possessionem, issued for a successful plaintiff in ejectment, to put him in possession of the premises recovered. See Writ. Habere facias seisinam, an older writ, to the same effect as the last. Habere facias visum, a writ that lay in divers real actions, where a view was required to be taken of the lands in controversy. Habitatio, I; (Bom.), the right of using a house as a dwelling-house only. It differed from & jus uiendi, as it could not be extinguished by non-user. Haerede abducto; rapto, deliberando, l-, writs which formerly lay for the lord, or other person having by right the wardship of s, tenant under age, to recover the person of the ward. H A £ 132 H E A Haeredes proximi, l-, (Rom.), heirs begotten by the per- son from whom they inherit; children. Haeredes remotiores, i., (Rom.), heirs not begotten by him from whom they inherit, as grandchildren, etc., descending in a direct line in infinitum,. Haereditas jaceus, l-, an estate in abeyance; i.e., after the ancestor's death, and before the heir assumes possession. Haeres, l., an heir. Haeres factus (Rom.), an heir ap- pointed by will. Haeres natus (Rom.j, an heir by descent. Haeretioo oomtaurendo, '•, a writ (abolished, 29 Car. II.) against a heretic who, after abjuring his her3sy, relapsed into it again; for which the punishment was burning at the stake. Half-blood, one born of the same mother or father as another, but not bavins; both parents in common. Hallmote, or Hallimote, a court among the Saxons, an- swering to our court-baion. (2) An old name for the court held by each of the city companies in London. Ham, Hauiie, a house ; hence, hamesoken, hamfare, breach of peace in a house. Haiiaper-oflB.ee, an office belonging to the common-law jurisdiction of the Court of Chancery, so called because all writs relating to the business of a subject, and their returns, were formerly kept there in a hamper, in ^anaperio. The business of this office, which included the taking of an account of all patents, grants, etc., which passed the great seal, was transferred, in 1652, to the clerk of the crown. See Orown Office in Chancery, Hand -borrow, a sul-ety, a pledge by taking the hand. Haud-habend, a thief caught in the very act, having the thing stolen in his hand. Hand-sale, a sale confirmed by shaking hands, by which act the parties became bound. The custom was formerly common among all northern nations. Haudsel, earnest-money. Hand- writing, any thing written by a person. Proof of, may be made by one who saw him write, one who has seen him write other documents, or is familiar with his hand-writing by correspondence, or by an expert, judging from comparison with documents admitted to be in his hand-writing. Harriot. See Herioi. Hat-money, primage; a small duty paid to the master and seamen of a ship. Hearing, the trial of a suit. (2) The examination of a person charged with a crime or misdemeanor, and of the wit- nesses for the accused. Hearsay evidence, statements made by a witness on the authority of another, and not from personal knowledge or ob- ^ H E I 133 H E B servalion. As a general rule, puch evidence is inadmissible; but exceptions are ma'de {inicr alia) in questions of pedigree, custom, general reputation, dying declarations, and those made against the interest of the declarant. ' Heir, a person who succeeds by descent to an estate of in- heritance in land, or would have succeeded, if his ancestor had died intestate. There can be nu heir to a person who is living; but one whose right of inheritance is indefeasible, provided he outlive the ancestor, is styled ixn heir apparent ; and one who would be the heir if the ancestor should die immediately, but whose right of inheritance may be defeated by tlic birth of some one nearer to him, is styled an heir presuniptioe. Heirs niay be further classified as heirs general, i.e., heirs at common law; customary heirs, i.e., tho=o who inherit by virtue of some custom peculiar to the place where they live (see Gavelkind, Borough English); ' eirs, special, i.e., those who mherit by vir- tue of limitations in the deed to the ancestor, as in the case of tail male (g.v.); heirs by will (haeres f actus), more commonly known as aevisees; and ultitnate heirs (uUirnus haeres), either the lord of the manor or the crown, to whom the land comes by escheat, or forfeiture, for want of proper heirs, or on account of treason or felony. See Forfeiture. Heirdom, succession by inheritance. Heirloom, personal chattels which go by special custom to the heir or devisee, together with the inheritance, instead of eoing to the executor. Such are pictures, plate, and jewels. Heirship moveables (Sc), those things which the law withholds from the executors and next of kin, and gives to the heir, that he may not succeed to a house and lands completely dismantled. They consist of the best of certain things; e.^., fur- niture and farming stock; but do not include fungibles. See Fungibiles. Heralds' college, an ancient royal corporation, established in 1483, which is empowered to make grants of arms and to permit change of names. See Kings-at-nrms. Herbage, the right to pasture cattle in another's ground. Hereditaments, every kind of property that can be in- hertied. They are (a) corporeal, which "lie in livery," e.g., lands and houses; [b) incorporeal, which lie only "in grant," e.g., reversions, advowsons, and tithes. They are also (a) real, i.e., lands; (b) personal, i.e., which are not connected with lands; e.g., an annuity to a man and his heirs ; or (c) mixed. Heriot (Sc, Herezeld), originally a tribute to the lord, con- sisting of the horse or habiliments of a deceased tenant. This was, in later times, commuted for a money payment, or the tenant's best beast {averium). Heriot service, is due by vii- H E B 134 H I a tue of an express reserTation in the grant or lease of lands, and therefore amounts to little more than rent. Heriot Cus- tom, a tribute to the lord due by virtue of immemorial usage of a manor, generally upon the death of the tenant, but some- times'on alienation. Heriot suit, the right to some chattels (not a beast only) of a deceased tenant, reserved on a modern grant or lease of freehold. Heritable (Sc), that which goes to the heir, as distinct from movables, which go to the executor; generally all rights connected with land. Heritor, an owner in fee of corporeal heritable property. Hermaphrodite, one who partakes of the physical pecu- liarities of both sexes. The legal status of such an one is usually decided by the circumstance of which sex predom- inates. Hide of land, or plow land, that amount which can be plowed in a year by one plow, varying, according to local- ity, from sixty to one hundred and twenty acres; that which can maintain a family, nidage, a tax formerly pa'd on every hide. High Court of Admiralty, in England, was a court of maritime jurisdiction, also called the Court of the Lord High Admiral. Its jurisdiction was by the Judicature Act, 1873, con- ferred on the Probate, Divorce, and Admiralty Division of the High Court of Justice (?.■».). See Admiralty. High Court of Justice, in England, a court established by the Judicature ^ Act, 1878, as a substitute for the superior courts of law and equity — Exchequer, King's Bench, Common Pleas, etc. — which were then abolished. ' It has three divisions. Chancery, Qaeew's Bench (into which Exchequer and Common Pleas have been mersjed), and Probate, Divorce and Admiralty. High seas, in English law, that part of the sea which is more than three miles distant from the coast of a country; within the three miles the territorial jurisdiction extends, but no further. By this term, in the United States, is understood all of the uninclosed waters of the ocean beyond low-water mark. High Steward, Court of the Lord, in England, a tri- bunal instituted for the trial of peers indicted for treason or felony, or for misprision of either. The lord high steward is always a peer ; he is appointed by commission under the great seal, and pro hac vice only. High treason. See Treason. High-water-mark, that part of the sea-shore to which the water ordinarily reaches when the tide is highest. H I G 186 H O M Highways, public ways, either on land or water, which every citizen has a right to use. Silary, in English law, a term of court formerly held, be- ginning on the lltb and ending on the Slst of January each year. Hiring (Rom., locaiio-conductio), a bailment for reward. It may be (a) of a tiling for use (rei); (b) of work and labor (opei-is faciendi); (2) of services for taking care of a thing (custodiae) ; (3) of carriage of goods (^operis mercium vehen- aarum). See Bailment. Hold, to possess ; as a tenant or grantee. (2) To bind un- der a contract ; as an obligor is AeW and firmly bound. (3) To decide, adjudge, or decree; as a judge in disposing of a case. Holder, a payee or indorsee in possession of a bill of ex- change, check, or promissory note. Solder for value is one who has given valuable consideration. Holding, a term used to signify the tenure or nature of the right given by a superior to the grantee or tenant. (2) A farm. Holding over, keeping possession of premises by a lessee after the expiration of his term. Holiday, or Holy day, formerly a day set apart for re- ligious festivals; now a day of exemption from common la- bor. Legal holidays, generally established in the United States, are Sundays, Christmas, New Year's, Washington's birth- day, the Fourth of July, and a day of National Thanksgiving, appointed by the President and the governors of the several states. Holograph, a deed, will, or instrument written entirely by the grantor himself, which, on account of the difficulty with -which the forgery of such a document can be accomplished, is in some countries and states held as valid without witnesses. Homage, the free tenants of a manor assembled in Court Baron (y.u.). (2) Fealty, the undertaking of a tenant in fee to his feudal lord to become his man "of life and limb." The tenant thereby promised to assist the lord when required, and the lord to protect the tenant. Liege homage, was that to the sovereign, or lord paramount; simple homage, that to the mesne lord. See Lord. Homage ancestral, was where the tenant and his ancestors had always held of the same lord or his ancestors. Homage was abolished by 12 Car. II. c. 24. Homager, one who is bound to do homage. Homicide, destroying the life of a human-being. It may be (a) excusable, as when committed by accident, and without any intent-to injure ; (6) justifiable, if committed with full in- tent, but under such circumstances as to render it proper and necessary, as where the proper officer executes a criminal in H O M 136 H O U strict conformity with his sentence, or kills a man when forcibly resisting an arrest, or the discharge of a particular duty by the officer, or where one kills another in defense of himself or his family, or to prevent him from committing an atrocious crime attempted with violence, such as rape, highway robbery, burglary, and the like; (c) felonious, when committed willfully and without sQfficient justification. The latter includes (1) self- murder; (2) manslaughter, where one kills another in a sudden quarrel, and without premeditation, or by accident while en- gaged in doing some unlawful act not amounting to felony; (3) murder, i.e., willful and premeditated killing, " with malice aforethought," as it is often expressed. This last offense is frequently divided by statute into_ first, second, and even third degrees, according to the atrociousness of the motives with which, or the circumstances under which, the crime is committed. Homologation (Sc), the express or implied ratification of a deed that is null or voidable, or in some way defective. (2) In Roman law, approbation or confirmation by a court of justice of some finding, or award, and ordering execution to carry out the game. Honor, a seigniory of several manors or lordships under a lord paramount. (2) The land or district included therein. (3) To accept a bill of exchange, or to pay an accepted bill, check, or promissory note at maturity. Honorarium, a recompense; a voluntary fee to one exer- cising a liberal profession, e.g., a barrister or physician. Honorary feuds, titles of nobility, descendible to the eld- est son, in exclusion of all the rest. Honorary -■'ervices. Those without emolument. (2) Those by which lands m grand-serjeantry were held such as to hold the king's banner, or to perform like offices of distinction. Horngeld, or Hornagium, payment for pasturing horned cattle. Horning,' letters of, (Sc), a warrant for charging persons to pay or perform certain debts or duties; so called because they were originally proclaimed by horn or trumpet. Hostels, the Inns of Court (q.v.). Hotchpot, Hotchpotch, or Hodge podge {collatio bo- norum), the blending of property belonging to different persons, in order to divide it equally among them. The taking into account advances [q.v.) made to children, in distributing the personal estate of a deceased person, so as to equalize the shares received by each. House, a dwelling; an institution ; a family; a mercantile firm; a collection of persons. House of correction, a place H O U 137 H U S for the imprisonment of those convicted of petty crimes. Souse of ill-fame, a house resorted to for purposes of lewd- ness and piostitutioii. Houses of Parliament, are (a) the House of Lords, consisting, in 1883, of 26 spiritua\and 491 tem- poral peers, the "former including the 2 English archbishops and 24 English bishops; (b) the House of Commons, 656 in number, of whom 493 are English, 60 Scotch, and 103 Irish. House of Representatives, the more numerous branch of the federal congress, and ef the several state legislatures. House-bote, the right of a tenant to lake timber from his landlord's woods for necessary fuel and repairs. Household, those who dwell in the same house and constitute a family. Household furniture; goods; stuff, words frequently used in wills to pass all such personal property as was ac- quired by the testator for the furnishing and ornamentation of his house, and the use and convenience of his family in occu- pying it. Hue and ery, " the old common law process of pursuing, with horn and voice, felons and such as have dangerously wounded another." Hundred, a subdivision of a county, originally composed of a hundred freeholders' families. Hundred C0Urt,a larger court-baron (g.v.), being held for all the inhabitants of a par- ticular hundred, instead of a manor. Hundredors, men of a hundred; persons serving on juries, or fit to be impaneled thereon for trials, dwelling within the hundred where the cause of action arose. Hurdle, a sledge used to draw traitors to execution. Husband, a man who has a wife. Husband and wife were by the common law considered one person. He was bound to support the wife, and furnish her with necessaries and con- veniences suited to her station and his means, and was liable for her debts incurred before coverture, and for torts committed by her. He could fix his domicile where he pleased, and change it at will. Could buy and sell allMcinds of property without her control, subject only to her right of dower in real estate which he might purchase during coverture. All her personal property, choses in action, and chattels real belonged to him so far as he reduced the same to possession during her life. He had a life estate in all her real property, and if a child was born to them, an estate by courtesy (?.».) in the same, after her death. Neither could convey real estate to the other di- rect, though it could be eflFected through the medium of a use or trust, or by will. A wife committing a felony in the pres- ence of her husband was, in general, excused, as she was pre- H U S 188 I G N sumed to act under compulsion; but this presumption might be rebutted. Neither was competent as a witness for or against the other, except in the case of personal injuries. All these common-law rights, liabilities, relations, and restrictions liave been greatly modified by legislation in England and the yari- ous states of the Union. Hush-money, a bribe to hinder information being given. Hustings, a local or county court, e.g., in London, York, etc. The London Court of Hustings was an ancient court of the king. Its judicial functions no longer exist, having passed to the rnayor's court andsberiffs' court; but it continues to elect the mayor and sheriffs. (2) A platform from which parlia- mentary candidates address the electors. Hypothecation, in a strict sense, a species of pledge in whicli the pledger retained possession of the thing pledged, as distinguished from pignus, where the possession was transferred to the pledgee. The terra is, however, generally applied tothe deposit of stocks, bonds, and negotiable securities with another to secure the repayment of a loan, and with power to sell the same in case the debt is not paid, and to reimburse himself out of the proceeds. See Bottomry ; Respo/ndeniia. I. Ibidem, I; the same ; e.g., the same volume, case or place. Idem, I; the same. Idem per Idem, the same by the same; an argument or illustration that adds nothing to the force of the proposition. Idem sonans, sounding the same; used of names misspelled which yet would not mislead, because the variance is trifling, or because they would be pronounced the same as if spelled aright. Identification, is the proof of the identity of a person or thing ; i.e., that he or it is the person or thing alleged. See Personation. ' Ides, I; days in the months from which other days are reckoned; in the Soman calendar, the ides of March, May, July and October, were on the 15th of the month: of the re- maining months on the 13th. This method of reckoning is still retained in the chancery of Kome, and in the calendar of the breviary. Idiocy, mental deficiency; a species of insanity, differing from it chiefly in being congenital, i.e., commencing at birth. See Lunatic. Ignoramus («>« «»■« ignorant), the word formerly writ- IGN 189 IMP ten on a bill of indictment by a grand jury when they rejected it, on the ground that a sufficient prima facie case was not made out: the indorsement now used is "not a true bill," or "not found," and the jury are said to "ignore" the bill. Ignore, to throw out a bill of indictment. See Ignoramus. Illegal, forbidden by law. (2) Unlawful. Illegal con- ditioBS, those that are contrary to law, imifloral, or repug- nant to the nature of the transaction. Illegitimate, not regular, or authorized by law ; usually applied to children born out of lawful wedlock. Illicit, unlawful. Illusory, deceptive; having a false appearance. Illusory appointment, one which in form carries out the wishes of the donor, but does not in spirit .or reality; e.^'., where the donee of a power of appointment who could not appoint ex- clusively to one or more of a class does so practically by ap- pointing a merely nominal sum to those he wishes to include. Immaterial, unimportant; without weight or significance. Immaterial averment; or evidence, that which has no legal bearing oti the point at issue. Immaterial issue, one taken upon some collateral matter, the decision of which will not settle the dispute between the parties in action. Immemorial, beyond the memory of man. By statute of 3 Edw. I. A. D. 1276, this was limited to the reign of Richard I. Immemorial usage, or custom, one that existed pi'ior to the reign of Richard I. Immoral contracts, those founded on an immoral con- sideration (contra bonos mores) ; e.g., illicit cohabitation. They are void (cf., ex turpi contractu non oritur actio), and can not be enforced by any party thereto. Impanel, originally to enter the names of a jury in a a parchment schedule, or panel (g.v.), by the sheriff; hence to draw a jury and enroll their names. Imparl, to discuss a case apart with the opposite party, or his counsel, with a view to an adjustment of differences and an amicable settlement. Leave to imparl, when granted by the court, amounts to a continuance of the case. In the obsolete process of barring an estate tail by suffering a common recov- ery (g.v.), the tenant in tail, on being vouched to warranty, craved leave to imparl or confer with the common vouchee, and, having thus got out of court, did not re-appear, and suf- fered judgment by default. See Vouchee. Impeach, to charge with crime, or misdemeanor, or with misconduct in office; especially a judge, or high public official. (2) To prove that a witness has a bad reputation for truth and veracity, and is therefore unworthy of belief. IMP 140 IMP Impeachment of waste, a restraint from committing waste upon lands and tenements; a demand for compensation for waste done by a tenant. Impediment, a legal hindrance, or bar, e.g., to making a contract; such as infancy, coverture, want of reason, and the like. Impedimentum dirimens, such an impediment to mar- riage as is not removed by the solemnization of the rite, but continues in' force, and makes the marriage null and void. Imperative, obligatory. See Directory. Imperfect obligations, moral duties, such as charity, or gratitude, which can not be enforced by law. Imperfect trust, an executory trust. See Executory. Impertinence, the statement in pleading of matter which is immaterial, prolix, or scandalous. Impertinent matter may be struck out at the cost of the ofifending party.. Implead, to sue; to prosecute. Implication, a necessary, or possible, inference of some- thing not directly declared. Impotence, or Impotency, physical inability of a man or woman to perform the act of sexual intercourse. It is ground for a decree of nullity of marriage, if permanent and existing in either party at the time of the solemnization. Impound, to put cattle in a pound (q.v.). (2) To place a suspected document, etc., in the custody of the law, when produced at a trial, until a question aflFecting it is decided. Imprescriptible rights, those which can not be lost or gained by prescription (q.v.). Imprimatur, l-, let it be printed ; a license to print or pub- lish. Imprisonmenty confinement in a prison; restraint of a man's liberty. It may be for the! purpose of detaining in cus- tody one accused of crime, or for punishing one convicted of crime. Imprisonment for d^bt, not fraudulently contracted,, is generally abolished. Improbation, (Sc), the setting aside of deeds on the ground of falsehood or forgery. Impropriation, applying the revenues of a church living to one^ own use. (2) A parsonage or ecclesiastical living in the hands of a layman called an impropriator, to whom the revenues belong. Improvement, a building erected on land, or other change for the better of its condition, effected by the expendi- ture of labor and money. (2) A new and useful addition to* or modification of, an existing machine, article of manufacture, process, or composition of matter. 1 If 141 IN In, i., in; within; at; upon; for; against. In action, not in possession; applied to things which can only be recovered by an action, unless voluntarily paid or delivered. In adver- Slim, against an adverse party. In aequali jure, in equal right. In alio loco, in another place. In articulo mor- tis, at the point ol death. In autre droit, in another's right In blank, without restriction. See Indorsement In Capite, in chief. See Capiie, Tenure in. In casu con- Simili, in a similar case. In chief, at first; direct. See Ex- amination, In commendam, in care of. See Commendam In communi, in common. In curia, in court. In eus- todia legis, in the custody of the law. Goods are so called which have been seized by the sherifiF, and are exempt from dis- tress for rent. Indelicto, in fault; guilty. In esse,iff being; actually existing. In extenso, in its full extent; omitting nothing. In extremis, at the very end; at the last gasp. In facto, in fact. In favorem libertatis, or vitae, in favor of liberty, or life. In feodo, in fee. In fieri, in process of coTnpletion; still being done. In flagrante delicto, in the very ac' of committing the crime. In forma pauperis, in the character of a poor man ; applied to persons asking to have process and subpoenas issued gratis and counsel assigned at the state's expense on account of poverty. In foro COnsci* entiae, at 'the tribunal of conscience; applied to moral obliga- tion as distinct from legal. In fraudem legis, in fraud of the law. In futuro, in the future. Ingenere, in kind; of the same kind. In gremio legis, in the bosom of the law; in abeyance. In gross, at large; not appurtenant or appendant. In haec verba, in these words. In hunc modum, after this manner. In initialibus, in the preliminaries. See Initialia iestimonii. In 'invidiam, for ill-will. In in- vitum, against one unwilling. In itinere, on a journe,y ; on the way. In judicio, in a judicial proceeding. Injure, in law; by riijht. In limine, at the outset. In litem, for a suit. In loco parentis, in the place of a parent. In medias res, ti) the heart of the matter. In misericordia, at tbe mercy. In mitiori sensu, in the milder sense. In mora, in delay. In mortua manu, in the dead hand ; in mortmain (g.v.). In notis, in the notes. In nubibus, in the clouds; in abeyance. In nullo est erratum, in nothing is there error; an old plea to errors assigned in proceedings in error. In odium spoliatoris, in hatred of a despoiler, or wrong-doer. In pais, in the country; in tbe open; applied to simple words or iicts as opposed to deeds or records in court. In pari causa; delicto; materia, in an equal case; in i N A 142 IK C equal fault; upon the same matter or subject. In perpetuam rei memoriam, for the perpetual remembranee ot a thing. In personam, against the person. In posse, pijssible ; op- posed to, i'i esse, actual. In praeseuti, at the present time; opposed to infuturo. In principio, at the beginning. In propria persona, in his own person ; not by attorney. In re, in the mattei' of; used in entitling matters in court other than actions between adverse parties. In rem, against the thing. In render, to be given, as rent; opposed to inprender to be talren. In rerumnatura, in the nature of things. In solido, in the whole; entirely. In specie, in the same form. In statu q.UO, in the same situation as. Jn terrorem, for a threat, or by way of intimidation. In totidem verbis, in just so' many words. In toto, in the whole; altogether. In transitu, in transit, or removal from one place to another.. In vadio, in pledge. In ventre sa mere, in his mother's womb; applied to a child, begotten but not bor», who is, for many purposes, e.g., acquiring vested rights in property, con- sidered by the law as already born. Inadequate, insufficient; not equal to full value. An in- adequate price, or consideration, is one which is less than would ordinarily be givbn or exacted; and, if gross and accompanied by fraud or deception, will sometimes operate to avoid a con- tract. Inadmissible, what can not be received; e.g., parol evi- dence is inadmissible to vary the terms of a written contract. Inalienable, not transferable. Incapacity, want of legal power to do a thing; Incendiary, one who maliciously sets fire to a building. See A7'son. Incest, carnal knowledge of -persons so related to each other that their marriage is prohibited by law ; e.g., of brother and sister, father and daughter, uncle and niece. Incident, something which depends upon or appertains to another more important thing, termed the principal. Incipitur {it is begun). This was the technical commence- ment of a declaration, demurrer-book, judgment, etc. Incite, to stimulate or induce a person to commit a crime. This is a misdemeanor, whether the crime be committed or not. Inclosure, is the act of freeing; land from rights of com- mon {q.v.}, by vestini; it in some person as absolute owner. Income, the profits realized from property, labor, business, or the loaning of money. Income tax, an annual tax on the income, or profits derived by a person from his property, I N C 143 1 N li profession, trade, or oflBcei not favored in the United States, as giving too much publicity to' a man's private affairs. Incompetent, unable, or unfit. A judge, or juror, is in- competent, when from interest in the subject-matter he is an unfit person to decide a controversy. Testimony is incompe- tent when it is not such as by law ought to be admitted. A witness is incompetent when by law he may not testify, either on account of relationship, interest, or infamous character. Incontinency, unlawful indulgence of the sexual passion. Incorporeal, not having a material body; intangible; in- visible existing only in contemplatien of law. Incorporeal hefeditameuts, rights issuing out of, or connected with, things corporate; e.g., easements of light and air. Incumbent, a clergyman in possession of an ecclesiastical benefice. See Induction. Incumbrance, a claim, lien, or liability attached to prop- erty; as a mortgage or a judgment. Indebitatus assumpsit, one of the common counts (j.w.), in actions for debt, whereby the plaintiff alleged a debt, and a subsequent promise {assumpsit) on the part of the debtor to pay, founded on the consideration of the debt. Indecency, conduct which offends against modesty; ac- tions and language unfit to be seen or heard; e.g., the exposure of one's person in a public place, or in view of others. Gen^ erally punishable as a misdemeanor. Indecimable, not titheable. Indefeasible, that can not be made void. See Defeasible. Indefinite payment, one which is not appropriated by Jihe debtor on making it. See Appropriation. Indemnify (Indemnification), to make good another's loss caused by an act or omission of a nature specified. Indemnity, that which is given, or granted, to a person to prevent his suffiiring damage. (2). A legislative act for the re- lief of officers who have exceeded iheir official powers, in eases of emergency, those who have lost public moneys through no fault of their own, etc. Indenture, a deed between two or more parties ; called in- dented, because duplicates of every deed inter partes were once written on one skin, which was cut in half with a jagged edge; so when the duplicates were produced in court they were seen to belong to one another by fitting into one another. Indicavit {he has proclmmed), in England, >% writ of pro- hibition that lies for a patron of a church, whose clerk is sued in the spiritual court by another clerk for tithes of a certain value, to bring the action into a court of common law. Indicia, signs; marks. I N D 144 INF Indictment, a written accusation against uno or more per- sons, of a crime of a public nature, preferred to and presented upon oath by a grand jury. Tlie person against wliom tlie indictment is found is said to be indicted. Indirect evidence, proof of collateral circumstances, from which a fact in controversy, not directly attested by witnesses or documents, may be inferred. See Evidence. Indivisum, that which is held in common ; not partitioned. Indorsement, any thing written or printed on the back of an instrument in wriLing, -and having relation to it. Used especially of the writing put on the back of a bill, or promis- sory note and signed, by which the party signing, called the- indorser, transfers the property in the bill or note to another, called the indorsee. Indorsement may, however, be in blank, i.e., not specifying the name of the indorsee, in which case it maybe transferred from hand to hand without further indorse- ment, and is payable to bearer. Indorsement may also be made "without recourse" bj' which the indorser relieves him- self from liability in case the note is not paid. Inducement, that which constitutes the motive for doing a thin^;. (2) The introductory part of a pleading Induction, in ecclesiastical law, is the giving a pirson pos- session of a benefice to which he has been instituted; upon ■which he aequireaa vested right to the profits of the living, and becomes complete incumbent. Indulgence, » favor granted, such as forbearance to sue or to insist on payment of a debt at maturity. Inevitable, that which can not be foreseen or prevented, as an accident (g.v.). Infamy, that loss of character which is produced by con- viction of any infamous crime, treason, felony, and the like, and which, under the common law, rendered the person incom- petent as a witness Even where such conviction does not. render a person incompetent, it may be shown as affecting his credibility as a witness Infant, at common law, a person under twenty-one years of age, without i-egard to sex. By the statutes of many slates, however, a woman ceases to be an infant at the age of eighteen. Infants are subjected by the law to various disabilities for their protection; thus, they can not bind themselves by contract, except for necessaries (g.v.).; they can not aliene land (but see GavelHnd) Contracts, however, which are for their benefit, though voidable by them, bind the other party. Contracts of apprenticeship, executed marriage contracts, and contracts made by an infiant in his representative capacity as executor or INF .145 INF trustee, are commonly made binding by statute. An infant is conclusively presumed to be incapable of felony before he is seven years old. He is deemed prima facie incapable of felony from seven to fourteen, but this presumption may bo overthrown by proof of malice and the possession of a good understanding as to right and wrong, and the Consequences of his act. After fourteen, the presumption is the same as in the case of adults. Infanticide, the killing of a child after it is born. The felonious destruction of the foetus in utero is more properly called foeticide, or criminal abortion.- InfeofiE^ent, (Sc), the act or instrument of feoffment (j.w.). or investiture, synonymous with sasine, the instrument of pos- session. Inferior courts, in England, are the court-baron, the hun- dred-court, the borough civil court, and the county-court; and also all courts of a special jurisdiction. In the United States, all courts except the supreme court are so termed, but especially courts of limited jurisdiction Infeudation, the placing in possession of a freehold estate. (2) The granting of tithes to laymen. Infidel, one who does not accept the Christian religion, or believe in the existence of a God who will punish or reward according to desert. Infirmity, of a bill, note, etc.; invalidity Informal, deficient in legal form. Information, communicated knowledge. (2) A formal accusation or complaint, filed by the attorney-general, or other ' law officer of the government, charging a person or corporation with some crime or violation of law. In certain classes of criminal cases, it is a statutory substitute for an indictment or presentment by a grand jury. It is used, chiefly, however, in civil cases, to exact penalties and forfeitures for violations of revenue and other laws, and in proceedings in quo warranto, to deprive a. corporation of its franchise. The knowledge upon which the information is based is usually obtained from some other person, called the relator, and the information is in such cases brought ex relatione Informer, a person who prosecutes those who break any law or penal statute; usually for the purpose of obtaining part, or the whole, of the penalty recoverable under the statute. A common informer is so called to distinguish liim from persons specially damaged by the act complained of. Infra, 1-, below; under; within; occurring by itself in a book, it refers the reader to a subsequent part of the book, like post. Infra aetatem, within or under age. Infra annum INF l4g fN i luctUS, within the year of mourning. Infra corpus eomi- tatus, within the body of the county. Infra dignitatem curiae, beneath the dignity of the court. Infra hospitium, within the inn, i.e., in charge of the innkeeper. Infra prae- sidia, within the walls, i.e., completely within the power of the captors. Infringement, breach or violation ; applied to the breach of a law, or violation of a right, as of copyright or patent right. Ingenuus, I., (Rom.), a freeman who was born free. ' Ingress, Sgress, and Regress, words frequently used in leases to express the right of the lessee to ent^r, go upon, and return from the lands in question. See Free entry; Emhle- ments. Ingressu, an abolished writ of entry. It was also called praecipe quod reddat. Ingrossing, writing the fair copy of an instrument for the formal execution of it by the parties thereto. See Engross. Inheritance, a perpetual or continuing right to an estate, vested in a person and his heirs. (2) A hereditament. (3) That wliich descends to the heir on death of the owner intestate. See Descent; Heir. Inhibition. See Prohibition. (2) In Scotch law (a) a writ whereby a person is inhibited from contracting any debt which may become a burden on his heritable property ; (6) a writ prohibiting all persons from giving credit to a man's wife. Initialia testimonii, (Sc), the obsolete practice of ex- amining a witness, previous to taking his evidence, as to his disposition toward the parties, whether he has received a bribe, etc. See Voir dire. Initiate, commenced; inchoate. 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. See Curtesy. Injunction. This was originally the court of chancery's discretionary process of preventive and remedial justice. In- junctions are [a] preventive, restraining a person from doing something, or mandatory, commanding something to be done; (6) preliminwry, provisional, interlocutory, granted on the filing of a bill, or while the suit is pending, to restrain the party en- joined from doing or continuing to do the acts complained of, until final hearing or the further order of the court ; or final, perpetual, awarded after full hearing on the merits, and as a final determination of the rights of the parties. Injuria, Injury, a wrong, or tort; an infringement of a right. It is injuria absque (or sine) damno, where no damage en- I If L 147 I If If — » sues from the infringement, as when a stream already foul is still further polluted by the wrongful ant of any one. Inlagary, or Inlagation, a restitution of an outlaw to the protection and-benefit of the law. Inland, within the same state or territory. Inland bill of exchange, a bill drawn and payable within the same state or country. Any other is a foreign bill (q.v.). Inmate, one who dwells in a part of another's house, or in a public institution. Inn, a public house of entertainment, where all who choose to call may obtain food, lodging, and other accommodations necessary to a traveler. Innings, land? recovered from the sea; when rendered profitiible, they are termed gainage lands. Innkeeper, one who keeps a house where travelers are fur- nished, for profit, with what they require, board, lodging, etc. He is bound to receive and entertain every traveler who presents himself for that purpose, and offers to pay; provided he conducts himself properly and there is room in the house. An inn- keeper has a lien on tlie goods of his guests for his charges, but may not detain their persons, or seize their clothing in actual wear. He is liable for the safekeeping of the goods, or bag- gage, brought by the guest to the inn. Innocent, not guilty. .Every man is presumed to be iur nocent until he is proved to be guilty. Innocent convey- ances, such as may be made by a tenant of his leasehold, without occasioning a forfeiture; e.g., lease and release, bar- gain and sale, and a covenant to stand seized for life. Innominate, or unnamed contracts, ( Rom.), were those which failed to satisfy the definitions of the named contracts; e.g., sale (venditio), or letting (locatio), but which were enforced whenever there had been performance by one party. Such were exchange [permutatio) and compromise [transactio). Innotescimus, an exemplification or copy of a charter of feoffment jiranted by the crown. Innovation, (Sc), an exchange of one obligation for an- other, so as to make the second come in place of the first. See Novation. Inns of Chancery, were formerly institutions at which students prepared themselves to be admitted to the Inns of Court. There were nine: Clement's, Clifford's, Lyon's, Fiirni- val's, Thavies', Symond's, New, Barnard's, and Staples' Inn. They now consist chiefly of solicitors, and possess corporate property, but no public functions. Inns of Court, colleges for students of the common law. There are lour of them, exercis- ing the right of admitting persons to practice »t the bar : the I N If 148 IKS ft Inner Temple, the Middle Temple, Lincoln's Inn, and Gray's Inn. luaueudo [by hinting), that part of the indictment or pleading in an action for libel which goes to explain a con- nection between what is said in the alleged libel, and certain persons or things not named or explicitly stated therein ; whereby it is made to appear that the actual statement is K- belous. Inofficious testament, a will not in accordance with the testator's natural and moral duties. See Officious. Inops consilii, l., destitute of counsel. In the construction of wills greater latitude is given, because the testator is sup- posed to have been inops consilii. Inquest, judicial inquiry. (2) An inquiry made by a coro- ner [q.v.) and jury as to the death of the person who has been killed, or has died suddenly, or under suspicious circumstances, or in prison. It is held super visum corporis, i.e., after the jury has viewed the dead body, and the evidence is given on oath. (3) A jury. (4) The finding of a jury upon such inquiry. Inquest of office, an inquiry made by a jury, before the sheriff, coroner, escheater, or other officer of the crown under writ sent to them for that purpose, or by commissioners spe- cially appointed, concerning any matter that entitles the crown to the possession of lands or chattels. Inquiry, writ of, is a judicial process addressed to the sherilJ of the county in which the venue is laid, stating the former proceedings in the action, and directing him to make inquiry, with the assistance of a jury, as to the damages suf- fered by the plaintiff, and to return the inquisition into court. It is used in cases where judgment is allowed to be taken by default, and the damages are unliquidated, and not to be ascer- tained by mere calculation. Inquisition, an inquiry by a jury. (See Inquest of Office.) (2) I'he document which records the result of the inquiry. A lunatic, "so found by inquisition," is one formally so declared, after inquiry by a master of the court, with or without a jury. Insanity, mental unsoundness, aberration, or impairment. It implies disease or congenital defect in the brain, and, as a ■general term, embraces both idiocy and lunacy (y.u). Inscriptio, a written instrument of grant. Insimul computassent, I., they had accounted together; an obsolete action of account. Insinuatio, (llom.),* registration among the public records. Insolvency, the state of one who has not property suffi- cient for the full payment of his debts, or who is unable to pay his debts as they fall due in the usual course of business. INS 149 INS The statutes of most of the states provide for the proper ad- ministration and distribution of an insolvent's estate among his creditors, but do not exempt him from his liability to pay the unsatisfied balance remaining due; diflTering in this respect from bankrupt laws, which provide for the absolute discharge of a debtor, who has not been guilty of fraud, upon the sur- render of all his property to the receiver or assignee in bank- ruptcy. Inspection, examination by proper officers, called inspec- tors, of articles, to see whether they conform to the standard required by law, and to rate them according to their true char- acter and quality. (2) Of documents, the right which a party to an action has to examine and take copies of documents ad- mitted by any other party thereto to be in his possession. See Production; Discovery. Inspeximus, I., {we have seen), an exemplification or copy of the enrollment of a charter or of letters patent. See Con- stat. Installation, the ceremony of inducting into, or investing with, any office or dignity. Installment, a portion of a debt, annuity, etc. Instance court, in England, one of the two divisions of the Admiraly branch of the Probate, Divorce and Admiralty Division of the High Court (q.v.). It has jurisdiction in cases of injuries to private rights committed at sea, or intimately connected with maritime subjects. See Prize Court. Instanter, immediately; at once. Institor,^., (Rom.), a clerk in charge of a shop or store. His authority is called i7istitorial power. Institute, a commentary or treatise; e.g., Coke's Institutes, four volumes of commentaries upon English law; the Insti- tutes of Gaius and Justinian, treatises on the civil law, and Bouvier's Institutes of American Law. (2) In Scotch law, the person, e.g., heir of e.ntail, to whom an estate is first given in order of destination or limitation. (3) See Instiin/ion.' Institution, the ceremony of committing to a parson the care of souls in a parish. See Presentation ; Induction. (2) A. society for promoting any charitable or benevolent object. (3) In Roman law, the appointmsnt of an heir. Instruct, to convey information, as a client does to a solic- itor, or a solicitor to a counsel. (2) To authorize one to appear as advocate. (3) To give orders or directions, as a principal does to his agent. Instrument, a formal legal writing. InsufiO-Ciency, the fault of an answer, or an affidavit in INS ,150 INT answer to interrogatories, -which does not reply specifically to the charges made in the bill or the questions aslced. Insurance, (a) by way of indem?iity, is the act of providing against a possible loss, by entering into a contract with one who is willing to bind himself to make good such loss, should it oc- cur. The instrument by which the contract is made is called a policy; the consideration paid to the imurer, who is frequently called an underwriter, and which is relatively small, as com- pared with the sum insured, a premium. Fire and marine in- surances are usually by way of indemnity; i.e., only such sum is paid by the insurer as is actually lost, and, on making such payment, he is entitled to stand in the' place of the assured. See Loss, '(b) Not by way of indem-niiy, as in the case of life or accident insurance, is where the insurer undertakes, in con- sideration of a premium, to pay a certain sum to the as- sured, or his legal representatives, on his death or suflFering in- jury by an accident. Insurance broker, one who effects insurance for others. Intake, a temporary inclosure of the waste, made under a custom by a. tenant of a manor. Intendment, the true meaning. (2) Of law, a presump- tion. Intent; Intention, design ; resolve; determination of the mind. To render an act criminal, a wrongful intent must ex- ist; but the wrongful intent may be presumed if the necessary or probable consequences of the act were wrongful or harmful, and the aet was deliberately committed. lutentio, l., (Kom.), a count or charge. Inter, l., among; between. Inter alia; alios, among other thmas; persons. Inter apices juris, between the subtleties of the law Inter canem et lupum, between dog and wolf; an expression for twilight, because then the dog seeks his rest and the wolf his prey. Inter partes, between the parties. Inler sese, among thenlselves. Inter vivos, betweeji living persons. A gift inter vivos is a gift by one living person to another. Interdict, an injunction. (2) an eocleiiastical censure, by which divine services are prohibited to particular persons or in particular places..- (3) (Kom.), a judicial decree, depriving a person, who has lost his reason or become incapable of under- standing and transacting business, of all power to manage his ^ own affairs. Interesse termini, l-, the right which a lessee acquires in land, before entry, by virtue of a demise at common law. Interest^ an estate or right in property. (2) Money paid INT 151 INT for the loan or use of another sum called the principal (q.v.). See Compound interest; Bottomry. Interference, the state of things which exists when one applicant for a patent claims to be the first inventor of some- thing claimed by another applicant, or granted to a prior patentee. ^2) The case" or proceedings in the patent oflSce when opposing claimants are required to furnish proofs of their respective rights, and the commissioner of patents has to de- cide which is the prior inventor. Interim, i., in the meamime; meanwhile. Interim or- der, one made in the meantime, and until something is done. See Injunction. Interlineation, writing between lines; the insertion of any matter in a written instrument after it is engrossed, and before or after its execution. If before, a memorandum thereof should be made at the time of the execution or attesta- fon. An interlineation after execution, by one of the parties without the consent of the other, if material, will invalidate the instrument. Interlocutory, an application, order, or judgment which is made during the course of an action, and has not the in- tention of finally determining it. See Injunction. International law, is either public or private. The former regulates the conductof independent states toward each other; thp latter decides the tribunal before which, and the law by which, private rights shall be determined; this being a question of domicile of the parties, locality of the property at stake, and so on. See Conflict of laws. Interpleader, a proceeding by which the defendant states that the money or thing in his hands, for which he is sued, is claimed by a third person, avers his readiness to deliver to either, as the court may direct, and prays that they may be compelled to interplead and have their rights determined. Interpolate, to insert words in a complete document. Interpretation, the discovery and declaration of the meaning of words or signs employed in a statute or instru- ment. See Construction. Interrogatories, qjestions in writing exhibited or ad- dressed on behalf of one party to an action to the other, before the trial thereof. The person interrogated must give his an- swers in writing, and upon oath. (2) Verbal questions put to a witness before an examiner, and answered on oath. (3) Framed questions in writing, annexed to a commission to take the deposition of a witness, to be put to and answered by the witness under oath, whose answers are to be reduced to writing by the commissioner. INT 152 IPS Interruption, the stopping, or breaking in upon, the run- ning of a prescription, or of limitations, or the exercise of a right, by which the prescription or limitation, is defeated, or the right lost. It may be voluntary, or the adverse act of the person, against whom the right is claimed, or the statute runs. Intervention, the act by which a'third person, not origin- ally a party to the suit, but claiming an interest in the subject- matter, comes into the case, in order to protect his right or in- terpose his claim.' He is called the intervener. Intestate, one who has left no will. A person dies intes- tate who either has made no will at all, or has made one not le- gally valid; or, has made one, but revoked or canceled it; or, if there is no one who can take under it. Intra vires, t, {within its powers), the opposite to ultra vires {q-v.). Intromission, (Sc), the assuming possession and manage- ment of property belonging to another; if without legal au- thority, it is called vicious. Intrusion, the entry of a stranger on land on the de- termination of a particular estate, before the heir, or person entitled in reversion or remainder, can enter. (2) Taking possession, without authority, of a benefice which is not vacant. Inure, or Enure, to take effect. Invalid, not valid; of no binding force. Invention, the finding out, or contriving of something new. (2) The thing itself which has been invented, and ■ which is the subject-matter of a. patent (y.«.). Inventory, an itemized list, or schedule, in writing, of the goods and chattels belonging to the estate of an insolvent or deceased person. Investiture, the open delivery of seisin or possession under the feudal law. See Livery. (2) One of the formalities by which the election of a bishop is confirmed by the archbishop. Investment, the employment of moneys in such a way as to produce an income; e.g., loaning them on notes secured by mortgage, purchasing interest bearing bonds, etc. Invito domino, l, without the consent of the owner — a necessary element in the taking of goods or money, in order to constitute a larceny. Invoice, a written account of the particulars of goods sent or shipped to a purchaser, factor, etc., with the prices and other charges annexed. Ipse, I; a demonstrative pronoun, used for the sake of em- phasis; myself; himself; itself, etc.; the very. Ipse dixit {he himself said it), a bare assertion, resting on the authority IPS 158 I S S of an individual. Ipso facto {by the very act itself), i.e., as the necessary consequence of tiie act. (2) A censure of ex- communication in the ecclesiastical court, resulting imme- diately on condemnation. Ipso jure, by the law itself; i.e., by the mere operation of law. Ipsissimis verbis, I., in the identical words, as opposed to substantially. Ire ad largum, I., to go at large ; to be set at liberty. Irrebuttable, that can not be rebutted. Presumptions of law are so called when it is not permitted to bring evidence to disprove them. Irregular, done in the wrong manner, or without the proper formalities; as distinguished from illegal. Irrelevant, not pertinent; not tending to aid or support, as evidence which does not tend to prove the fact at issue. Irrepleviable, or Irreplevisable, that which can not be replevied. See Replevin. Irrevocable, incapable of being revoked; powers of ap- pointment may be exercised so as to be irrevocable; no will is ever irrevocable. A power of attorney, in which the attorney has an interest for which he has given a valuable considera- tion, is irrevocable Irritancy, (Sc), the hecoming void; forfeiture; as of a deed or contract, on the happening of an event, or commission of an act which, by the terms of a restrictive clause, called the irritant clause, worked a forfeiture. Issint (modern French, ainsi), thus; so; used to introduce a statement that special matter already pleaded amounts to a de- nial; e.g., a married woman, instead of pleading non est factum to an action founded on a deed, might state that at the time of making the writing, she was a feme covert, and so, it is not her act Issuable, that which raises an issue. (2) That which is put in issue. (3) Issuable terms, Hilary and Trinity, because in them Issues were made up for the assizes. Obsolete. Issue, offspring; lineal descendants. (2) (In the plural), the profits arising from lands, tenements, etc. (3) The point or points in question, at the conclusion of the pleadings which one side affirms, and the other denies Issues may be of fact or of law. To join issue, i.e., to accept the issues appearing on the pleadings, is the technical phrase for closing the pleadings. To plead the general issue, was formerly to deny in general terms the opponent's allegations; in criminal practice it now means to plead " not guilty," without more. To issue a vrrit, is for the proper officer to deliver it, when properly sealed, etc., to the party suin^ it out. I T E 154 J O I Item (also), a, word used when an article is added to the list. Iter (Rom.), a foot-way; a right of passage. Itinerant, wandering j traveling. See Eyre, justices in. Jactitation, a false pretension to marriage. If a person falsely asserts that he or she is married to another, the latter may sue in the Probate, Divorce and Admiralty division for a decree enjoining silence on thejactiiaior. Jail. See Oaol. - Jedburgh, justice, also called Lydford law, a, parody on justice, punishment coming first and trial afterward; lynch law. Jeofail (corrupted from j' ai failli , Fr., I have failed), an ex- pression used in the days of oral pleading to avow an oversight in pleading or other law proceedings. Statutes of amendments and jeofails were those passed from time to time to enable a pleader upon the discovery and avowal of an error in the form of his pleading to amend it. Jeopardy, peril; danger. The situation of a prisoner who has been regularly tried upon a valid indictment. The consti- tution of the United States provides that "no person . . . shall be subject for the same offense to be twice put in jeopardy of life or limb." Jetsam, (Rom., jadus mereiuwi), things which having been cast overboard and sunk are thrown upon the shore. If the things float ashore they are called flotsam; if they are marked by a buoy attached to them, ligan. Jettison, throwing overboard to lighten a ship. (2) The things cast overboard to save the vessel. See General average. Jobber, one who buys and sells for others. Joinder, of causes of action-, coupling two or more matters in the same suit or proceeding. By statutes in England, and many of the states, the joinder of different causes of action, where the parties are the same and appear in the same ca- pacity, is allowed to a much greater extent than at common law. Joinder of parties, uniting all as plaintiffs or defend- ants, who have the same right, or against whom the same rights are clainied or relief is demanded. See Issiie. Joint, united; coupled together in interest or liability; op- posed to several. Joint action, one brought by two or more as plaintiffs, or against two or more as defendants. Joint bond, one executed by two or more obligors who must be J O I 165 J U D united in any action on the same; as opposed to & joint and several bond, on which any or all of the obligors may be sued at the optioiT of the obligee. Joint contract, one which two or iffore are jointly bound to perform, oi' the benefits of which two or more must jointly demand. Joint executors or trustees, two or more persons united in the execution of a will or trust. Joint stock company, a species cif partner- ship, invested by the laws of England and of some states with some of the privileges of a corporation. Joint tenants, two or more persons, to whom, and their survivors, or survivor, is given by the same conveyance, or devise, the same estate in lands and tenements. The right of survivorship distinguishes joint tenancy from tenancy in common. Jointress, or Jointuress, one entitled to jointure. Jointure, (originally, a joint estate limited to husband and wife), a provision madeby a husband for his widow. Judge, one invested with authority to determine any cause or question in a court of justice. Judge advocate, a legal adviser appointed to assist in the trial of offenders before a court-martial. Judgment, the decision of a court; the expression by a judge of the reasons for his decision. Judgments may \)a final, putting an end to the case; interloeutory, given in the progress of a case upon some matter which does not finally determine the ease. They may be rendered ore confession by the defend- ant; on default, when the defendant fails to appear to answer or demur within the allotted time; or on the merits, after a full trial on the pleadings and evidence. The term judgment is also applied to the decree of a court of chancery in England and some states. Judgment-debtor, one against whom a judgment ordering him to pay a sum of money stands unsatis- fied. Judgment nisi, one rendered on the verdict returned in a court of assize, to become absolute, unless before the fifth day of the following term the court shall otherwise order, for good cause shown. Judgment note, a promissory note, otherwise in the usual form, which contains a power of attor- ney to appear and confess judgment for the sum therein named, with interest, etc., if not paid at maturity. Judg- ment record, a formal transcript of the pleadings and pro- ceedings in a court up to and includingthe judgment, made and Itept by the clerk. Judicature acts, the titles of the statutes passed in En- gland in 1873 and 1875 (36 and 37 Vict. c. 66, and 38 and 39 Vict. c. 77), which regulated the organization and powers of the courts, and the procedure therein. They resemble some- what the Codes of Civil Procedure enacted in Mew York, Ohio JUD 166 JUR Kansas and other states. One chief alteration introduced by them is that common law and equity are for the future to be concurrently administered, and that in every court equitable estates, rights, duties, and liabilities are to be recognized and enforced. Judioes pedanei, l., (Kom.), judges chosen by the liti- gants. Judicial, relating to proceedings before a judge or in court. Judicial admission, or confession, one made in court in due course of legal proceedings, and which becomes a matter of record, or the gjjound of conviction. Judicial mortgage, the lien resulting from a judgment in favor- of the person ob- taining it. Judicial sale, a sale made under the authority of •some competent court which conveys all the rights of -the de- fendant to the purchaser, without any warranty, express or im- plied, as to title, or incumbrances, other than those of par- ties to the suit. Judicial separation, the proceeding in the divorce court, which has taken the place of a divorce a mensd et thoro (?.».). Judicial writs, all writs subsequent to the original writ which issued out of chancery. SeelTriis. Judicium dei, '., [judgment of God), a term applied to the ■obsolete forms of trial by ordeal. Jurat, the memorandum of the lime, place, and person be- fore whom an aflBdavit is sworn. (2) An officer similar to an alderman, sworn for the government of some corporations, in England. Jurata, the jury clause, formerly in the nisi prius record. Juration, the act of swearing; the administration of an oath. Juridical, relating to the administration of justice. Ju- ridical days, those on which courts are held and justice is ad- ministered. Juris, I., of law ; of right. Juris et de jure (of law and from law). A conclusive presumption, which can not be re- butted, is so called. Juris et seisinae conjunctis, the union of seisin, or possession, and the right of possession, constituting a complete title. Juris utrum, was an action ■ by an incumbent to recover possession of land belonging to his living, which his predecessor had aliened. Jurisconsulti, or Jurisprudentes, (Kom.), men who studied and expounded the forms and principles of law. Jurisdiction, the power of a court to entertain and de- . eide any action or matter. (2) The district over which the power of the court extends. Jurisdiction is limited vt ben the court has power to act only in certain specified cases; general, when it may act in most cases in which the parties are before ;t; concurrent, when the same cause may be entertained by JUB 157 JUS one court or another, at the option of the parly bringing the suit; original, when the court has power to try the case in the first instance; appellate, when the court hears cases only on appeal, or writ ol error from another court; exclusive, when oo other court has power to hear and decide the same matter. Jurisinceptor, (Rom.), a student of the law. Juriaprudeuce, the science of law. (2) A body of law. Jurist, a civilian; one versed in Roman law. Jury, a body of men (see also Jury of matrons) sworn to consider and deliver a true verdict upon evidence submitted to them in a judicial proceeding. They are called jury-men or jurors. A grand jury is one summoned to consider whether the evidence, presented by the state against a person accu.-od of crime, warrants his indictment- A petty oi- petit jury is the common or ordinary jury, drawn in the usual way, for the trial of causes, either civil or criminal. It usually consists of twelve men; but, by statutes in England and many of the states, six, or even a less number, may constitute a jury, before a justice of the peace or other inferior court. A special or struck jury is one selected especially for the trial of a given cause, gener- ally by the assistance of the parties. See Panel; Challenge; Tales. Jury-box, the place in court where the jury sit. Jury of matrons. Women are impaneled as a_ jury in two cases only; (1) upon a writ de ventre inspiciendo (see Veni7'e); (2) where a female prisoner is condemned to be executed, and pleads pregnancy, as a ground for postponing execution until after her confinement. Jury process, the writ for the sum- moning of a jury. Jus, i.,"!aw; right; equity; authority. All law (jus) is distributed into two parts — Jus Oeniium (g.v.), the law of na- tions, and Jus OivUe, the civil law, i.e., the whole body of law peculiar to any state. The Jus Civile of the Romans was di- vided into two parts — Jus Civile in the narrower sense, and Jus Poritificum, or the law of religion. This opposition was expressed by the words /«s and Faa. The terms Jus Scriptum and Jus non Scriptum, i.e., the written and unwritten law, which corresponded roughly with our "statute" and "case" law, comprehended the whole of the Jus Civile. Jus abu- tendi, the right of abusing; i.e., complete ownership. Jus accresceudi, the right of survivorship. See Joint tenant. Jus ad rem, an inchoate and imperfect right; such as a par- son promoted to a living acquires, by nomination and institu- tion without induction. Jus aquaeductus, th^ right to bring water from or through the land of another. Jus civi- tatis, the right of citizenship. (2) The laws of the state, as op- posed to jui gentium. Jus deliberandi, the right which an JUS 158 JUS heir has, in Scotch law, of deliberating for a certain time ■whetherhe will take up representation to his predecessor. See Annus deliberandi. Jus disponeudi, the right of disposing of property. Jus duplicatum, a double right, such as a man has when he has both title and possession. Jus imagi- nis, (Bom.), the right of using statues, etc., of ancestors; re- sembling somewhat the modern right of bearing a coat of arms. Jus in personam, a right against another person, to oblige him to do or not to do something. Jus in re, a com- plete and full right to a thing, to the exclusion of all other men. Jus legitimum, a legal right; one that may be en- forced by due course of -law. Jus mariti, the right to his wife's personal estate which a husband hacl at common law. Jus merum, a bare right, unaccompanied by possession. Jus naturae, the law of nature. Jus patronatus, a right of advowson. (2) A commission to inquire who is the rightful patron of a church. Jus postlimtnii, the right, in virtue «f which persons and things taken by an enemy are restored to their formerstate, on their coming again into the power of the nation to which they belong; persons being re-established in their former rights, and things being restored to the original owner. Jus precarium, a right depending on request, and which can not be enforced at law. Jus privatum, the civil or munici- pal law of Kome. Jus proprietatus, the right of property. Jus relictae, the right of a widow in her deceased husband's personalty. Jus rerum, the law of things. Jus tertii, the right of a third person. A person is said to set up the jus tertii when, being prima facie liable to restore certain property to A., he alleges a paramount title in B. Jus utendi, the right to use property without destroying its substance. Justice, just tieatmen.,; the rendering to every one his due, right, or desert; conformity to law and obligation; merited reward or punishment. (2) The title given, in Eng- land, to all the judges of the High Court of Judicature, except the lord chief-justice, the lord chancellor, and the master of the rolls; in the United States, to the judges of the Supreme Court. Justice of the peace, an officer havins; certain ju- dicial powers for the purpose of preventing breaches of the peace, and causing the arrest and commitment of persons vio- lating the law. They also have a limited jurisdiction in the trial of civil causes, varying somewhat in extent in the different states. Justiciars, law officers instituted by William the Conqueror to assist the sovereign in administering the law. The chief justiciar was formerly the bead of the justiciars and the prin- JUS 169 KIN cipal minister of state. He was ex officio regent in the sov- ereign's absence. The last was Philip Basset, in the time of Hen. III. Justiciary, Court of, the supreme criminal court in Scot- land, which can revise the sentences of all the inferior criminal courts. Justicies, an obsolete writ, directed to the sheriff, whereby he was enabled to hold plea of debt in his county court for sums exceeding the ordinary limit of 40s. Justifiable, lawful. See Justification. Justifiable homi- cide. See Homicide. Justification, is showing a sufficient reason in court why the defendant did what he is called upon to answer; thus, in an action of libel, a defense of justification is a defense show- ing the libel to be true; in an action of assault, showing the violence to have been necessary. Justificator. See Compurgator. Justify. Bail, or sureties, are said to justify when they swear that they are, after the payment of their debts, worth a sum specified, usually double the sum claimed in the action, and that they are householders or freehnlders; thus satisfying the court that the security offered is good and sufficient. Juxta formam statuti, I., according to the form of the statute. K. Kain, (Sc), poultry given in part payment of rent. Eeelage, money paid by ships remaininjr in a harbor. Keeper of the great seal, Lord, a judicial officer through whose hands pass all charters, co(iimission.s, and grants of the crown to be sealed with the groat seal which is in his lieepin^'. By 5 Eliz. c. 13, this office was consolidated with that of lord chancellor. Keeper of the privy seal, now called ford ■privy seal, a high officer of state, usually a cabinet minister. Through his hands all charters, etc., pass before they reach the great seal. Keuniug to a terce, (Sc), the act of the sheriff in assign- ing dower to a widow. Kenllage, ballast of a permanent kind ; usually pigs of iron. E[idnapping, the forcible abduction or stealing away of a man, woman, or child from his, or her domicile, parents, or legal protector. , . , . -i mi. Kin or Kindred, relations by blood or consangumity. Thoy may be' either (a) lineal, i.e., in a direct line, either ascendmg; eg, a. father or grandfather; or descending ; e.g., a son or grand- KIN" 160 LAM son : or (6) collateral, i. e., descended fiom a common ancestor; e.g., a brother or cousin. In reckoning the degrees of kindred, the rule of the Roman law is followed, and each generation is reckoned as a degree, both up to the common ancestor and downward to the person whose relationship is to be traced. The next of kin of a man is the person (or persons, if there are more than one of the same degree) most nearly related to him. King. See Sovereign. King's Bench. See Court of King's or Queen's Bench. King's Chaml^ers, in England, that portion of the sea which is inclosed by an imaginary line from one headland to another. It is part of the territorial waters of the crown. King's (or State's) evidence, an accomplice in a felony who on an im- plied \promise of pardpn, if he fully and fairly discloses the truth, testifies against his .fellows in crime. Kleptomania, insanity in the form of an irresistible pro- pensity to steal. Knight, the lowest kind of dignity ; knight bachelor is the ordinary form and the oldest, but ranks below the knights of special orders; e.g., the Bath. Knight's fee, "that which goeth to the livelihood of a knight;" land worth £20 per annum. Knight-service, a feudal military tenure {g.v.) of the most honorable hind. Various forms of it were esouage, castleward, and grand serjeantry. Laches, negligence, or unreasonable delay in pursuing a legal remedy, whereby a person forfeits his right. See Acqui- escence. Lacuna (a ditch), a blank in writing. L^'Cla, purgation ; acquittal. (2) A form of tenant's serv- vice. (2) An inferior court of justice. (4) A water-course. Lady Day, 25th of March; one of the usual quarter days. Laesae majestatis ; Crimen, high treason. Lagan, or Ligan. See Jetsam. Lambeth degrees, those conferred by the Archbishop of Canterbury. He can confer all the degrees that are taken at the universities, though without many of the privileges carried by the latter. Lammas Day, 1st of A ugust. See Candlemas. Lammas lands, those over which there is a right of pasturage by per- sons other than the owners from about Lammas, or reaping time, until sowing time. LAN 161 LAW Land,*in its restricted sense, means soil; but legally it in- cludes every thing on the soil, buildings, water, etc. Landlord, he of whom lands or tenements are held by a tenant at a rent. Landmark, a monument set up, in order to define the boundaries between adjoining estates. Lapse, to glide or slip away; to cease. If a legatee or devisee die before a testator, the legacy or devise is said to lapse, and sinks, as a rule, into the residue. A benefice lapses, if the patron does not present a clerk within six calendar months of its becoming void. Larceny, the unlawful taking and carrying away of things personal, without color of right, with intent to deprive the rightful owner of the same. Simple larceny is that which is unaccompanied with aggravating circumstances. Compound larceny is that which is committed under circumstances which aggravate the crime. Larceny is commonly distinguished as grand or petty, according as the value of the thing taken ex- ceeds or falls short of a sum fixed by statute. See Robbery ; Embezzlement. Last heir, he to whom lands come by escheat for want of lawful heirs; that is, in some cases the lord of whom the lands were held, but in others the sovereign or state. Last resort. A court from which there is no appeal is called the court of last resort. Latent, hidden. See Ambiguity. Latitat {he lies hid), in England, a writ of summons in per- sonal actions at the Queen's Bench, founded on a fictitious con- cealment of himself by the defendant. Abolished by 2 Wm. IV. c. 39. See Court of King's or Queen's Bench. Law, an observed uniformity of action or sequence; e.g., "laws of nature." (2) A rule of action to which men are obliged to conform. The statutes are called the written law, as opposed to the unwritten law founded on precedents and custom. See Jus. (3) The principles and procedure of the common law as distinguished from those of equity. Law burrows, Letters of (Sc), correspond to the English "security to keep the peace." Contravention of law burrows is anv act whereby the undertaking to keep the peace is violated. Lawful, legal ; that which is sanctioned or permitted by law. Law merchant, the general body of commercial usages which have become an established part of the law of the land, LAW 162 LEA and which relate chiefly to the transactions of merchants, mariners, and those engaged in trade. Laws of 01eron,a maritime code said to have been drawn up by Richard I., or his mother, Eleanor, at the Isle of Oleron, on which the maritime law ia largely founded. Lay, or Layman, one of the people ; one not belonging to a particular profession; especially opposed to clerical. Lay corporations, bodies politic composed of lay persons for lay purposes. They are either (1) civil, created for temporal pur- poses; or (2) eleemosynary, for charitable purposes. Lay fee, a fee held by ordinary feudal tenure as distinguished from the "ecclesiastical tenure of frankalmoign (g.v.). Lay impropria- tors, lay persons to whose use ecclesiastical benefices have been appropriated. Lay days (otherwise laying or lie days), those allowed by a charter-party for a ship to lie and load or unload. See Demurrage. Le roy, le vent, or S'aviseraj/r., the king assents, or the king will consider; the form of the royal assent or dissent to public bills passed by parliament. Leading, going before; guiding. Leading a use, an ex- pression applied to a deed made before a fine and recovery, specifying to whose use the fine shall inure. Leading case, one that has been so often followed as to establish definitely a principle of law. Leading question, a question which sug- gests to a witness the answer which is to make. It may only be asked in cross-examination. Leap Year. See Bissextile. Lease, sometimes also called Z)emise(&»reMSi'o), is a convey- ance of property for life, or years, or at will, by one who has a greater interest in the property. The person conveying ia called the landlord, or lessor; tbe property remaining in him after conveyance is his reversion ; the person to whom the con- veyance is made is the tenant, or lessee. The consideration is usually the payment of a rent. The operative words used to be, "demise, lease, and to farm let." Until the lessee accepts the term by entry, he has only an inieresse termini (g.v.), or interest in the term. In general, leasea must be by deed, ex- cept leases at will, or for a term not exceeding three years. A lease is generally drawn in duplicate, one part being kept by the lessee, the other part by th^ lessrir. See Rent; Underlease. Lease and release, a mode of conveyance, formerly much used in England, operating under the Statute of Uses, which was superseded in 1841 by ^ simple release, and in 1845 l>y a grant under 8 and 9 Vict. c. 106. A lease for a year was made by way of bargain and sale, which, under the Statute of Uses, gave seisin without entry or enrollment, and- then the LEA 16S LEG vendor released his reversion to the purchaser by ordinary deed of grant. Iieasehold, land held under a lease. Leasing, or Lesing, gleaning. (2) Lying, slandering (S6.). Leave and license, a defense to an action in trespass, setting up the consent of the plaintitf to the trespass com- plained of. Leet, Court. See Court Leet. Legacy, a gift of personalty by will, which, arrsing as it does from the mere bounty of the testator, is postponerl to the claims of creditors. A legacy may be (n) simple, i.e., of a spe- cified thing, or part,of a testator's estate, as opposed i.o (b) general, which comes out of any part of his assets; (c) demonstrative, which is a general legacy directed to be paid out of a specified fund, (a) is adeemed, i.e., revoked, by the donor parting with the specific thing during his lifetime; (c) is not, as in this case it comes out of the general estate, and has this further advan- tage, that it is not subject to abatement, as are general legacies, if the assets are insufficient. Where a testator has bequeathed more than one legacy to the same person, the question arises whether he intended the second to be cumulative, i.e., in addi- tion to the first, or only aubsiituiional. A legacy is said to lapse when the legatee dies before the testator, and, in conse- quence, it never vests. Legal, according, or relating, to law. It is opposed, (1) to illegal, (2)T;o equitable. Legal tender, the gold and silver coin and treasury notes, which are by statute declared to be good and sufficient for the payment of debts, public and private. Legalize, to make lawful. Legatee, one who has a legacy left to him^ Legislature, that body of men in the state which has the power of making laws. It usually consists of two branches^ the upper house, or Senate, and the lower, or House of Eepre- sentatives. The Senate is usually a much smaller body, and each senator represents a much larger district or constituency than a representative. Legitim, Legitime, or Bairn's part of gear, (Se.),th6 legal share (one-half or one-third, according to circumstance.s) of the father's free movable property, due on his death to his children. By Scotch law, a father can only dispose of part of his personal estate by will (one-third, if he leaves a widow and children) ; this is called dead man's part (q.v.). Legitimacy, the condition of those born of parents law- fully married. Legitimation, the act of giving the character of legiti- mate childron to those born out of wedlock, as by the subse- LEO 164 LEV quent marriage of the parents and acknowledgment of such \ children, or by legal proceedings. Leonina SOCietas, i-, a partnership in which one gets the lion's share. Lesion, (Sc), the degree of injury or duress sustained by a minor, or person of weak capacity, necessary to entitle him to reduce or avoid a deed, which he has been improperly induced to sign. Lesse^, Lessor. Sec Lease. Let, hindrance; obstruction. (2) To lease; to grant the use of a thing for compensation. Letter, a written message, or request; a Written instru- ment, or commission, sent to or issued to another, making a demand, granting a privilege, or conferring an authority. Letter of advice, one containing information, generally of some act done by the writer. Letter of attorney. See Power of attorney. Letter of credit, one written by a banker or correspondent to another person, requesting him to give the bearer credit (with or without a limit as to amount). If it be not addressed to any particular person' or persons, it is called an open letter. Letter of license, an agreement be- tween a debtor and his creditors, whereby they allow him to carry on his business for a time free from arrest. Letters of marque, commissions granted, usually in time of war, to private individuals, authorizing them to fit out vessels for the purpose of capturing the goods or subjects of a hostile nation, by way of reprisal for wrong done. By such letters, the prizes are granted to the captors. See Reprisal; Privateering. Letter-missive. When a peer was made a defendant in the court of chancery, the lord chancellor- sent a letter-missive to him, to request his appearance, together with a copy of the bill, petition, and order. Letters patent, an instrument is- sued by the government to the patentee, granting or confirm- ing a right in the latter to -the exclusive possession and en- joyment of land, or of a new invention or discovery. Let- ters of request, a mode by which an ecclesiastical suit may be commenced in the arches or superior court, without having it first tried in the consistory, provincial, or inferior court. Letters of safe-conduct, a passport, or protection granted by a government to a subject of a hostile power, exempting him from seizure. Our ambassadors abroad now give passports or licenses for the same purposes. Letters testamentary, an instrument issued out of the proper court empowering the -per- son named in a will as executor to administer upon the estate of the testator. See Administration; Cachet; Close rolls. Levant et COUChaut {risim/ and lying down), cattle that LEV 165 LIB have baen so long on the ground of another, that they have lain down and risen to feed, supposed to be a day and a night Levari facias, a writ of execution, by which the sheriff ia directed to collect a judgment debt by sale of the debtor's chattels, and out of the rents and profits of his lands. See Sequesirari facias. Levitical degrees, degrees of kindred within which per- ^sons are prohibited to marry. They are set forth in the eight- eenth chapter of Leviticus. Levy, to' raise money or men. Lex, I; a law; the law; sometimes used as synonymous with jiis right. Lex communis, the common law. Lex contractus, the law of the contract. Lex domicilii, the law of the country where a person has his domicile (?.».). Lex fori, the law of the country where an action is brought. This regulates the forms of procedure and the nature of the remedy to be obtained. Lex loci, the law of the place where a contract is made, contractus; or thing is done, actus; tort is committed, delicti; or where the thing, e.g., real estate, is sit- uated, rei sitae. This generally governs in suits relating to such contracts, transactions, torts, and real estate. Lex mer- catoria, the mercantile law, or general body of established usages in commercial matters. Lex non scripta, the un- written law {q.v.). Lex ordinandi, the same as Lex fori (?.».)• Lex sacramentalis, purgation by oath. Lex scripta, the written or statute law. Lex talionis, the law of retaliation. Lex terrae, the law of the land; the process of law. Ley, {fr. loi), law. (2) The oath with compurgators. (3) A meadow. Ley gager, a wager of law. (2) One who com- mences a lawsuit. Leze-majesty {laesae majestatis crimen), an offense against sovereign power; tieason. Itiability, the condition of being subject to an obligation, either (a) actual and ascertained, or (i) potential and unascer- tained. Libel, defamatory writiilg; any published matter that tends (o) to degrade a man in the eyes of his neighbors, or render him ridiculous, or to injure his property or business; (b) to produce evil consequences to society, as being, e.g., blasphemous, seditious, or immoral. It may be "published" by writing, ef- figy, picture, or the like. Both the author and the publisher are liable to be sued. See Justification. (2) In ecclesiastical courts, and in admiralty, the plaintiff's written statement of LIB 166 , Lie ' a*:^^ his case. (3) In Scotch courts, (a) the plaintiff's pleadings; (A) an indictment. Libellant, the party who flies a libel in an ecclesiastical or admiralty case against another, who is called the libellee. Libellus, l, a little book. Libellus couventiouis, or ConTentionalis, the statement ot a plaintiff's claim; a bill (g.i>.). Iiibellus famoSUS, a libel; a defamatory writing, sistn, or picture. Liber, l-, book; a principal subdivision of a literary work. Liber assisarum, the book of assizes or pleas of the crown, being part five of the "year-books" (y.«.). ■ Liber feudorum, a code of the feudal law, co' ipiled by direction of the Emperor Frederick Barbarossa. Liber judicialis of Alfred, his dome-book {q.v). (2) Free. Liber homo, { Rom.), a freeman, as distinguished from libertinus, a freedmari. Liber et legalis homo, a free and lawful man; one quali- fied to be a juryman. Libera batella (free boat), a right of fishing. Liberam legem amittere {to lose one's free law). The sentence by which conspirators were in ancient time de- prived of ail their legal rights. Liberum. maritagium', frank-marriage [q.v.). Liberum servltium, free service, or such as is becoming to a freeman and soldier. Liberum tenementum; frank (or free) tenant. This was formerly a usual plea of a defendant in a.ction of trespass, alleging a gen- eral freehold title. Now obsolete. Liberate, a writ to the sheriff to deliver to the cognisee, or creditor, possession of lands and goods of the debtor, which had been extended on forfeiture of his recognizance. See Mer- chant staple. Obsolete. (2) A writ to a jailer to deliver a prisoner that had put in bail for his appearance. Liberty, the state of freedom. (2) An authority to do something which would otherwise be wrongful. (3) A fran- chise {q.v.) (4) The place where a franchise is exercised. See Nan omittas. (5) Or liberties, a privileged district exempt from the sheriff's jurisdiction. License, a permission or authority to do something which would otherwise-be inoperative, wrongful, or illegal. It may be either written, or verbal; but al'l licenses under statutes are written. Lieentia, l., leave; a license. Licentia concordandi, leave to make the matter up; a formal step in levying a tine {q.ii.). Licentia loquendi, leave to imparl. Licentia transfretandi, a writ or warrant directed to the keeper ot a seaport, commanding him to let the persons therein named pass over sea. ii I C i67 L I M -^ _ Iiicentiate, one who has license to practice any art or faculty. Licentiousness, the doing what one pleases without re- gard to the rights of others; dissoluteness. Lidford, or Lydford law. See JeMurgh justice ; Lynch law. Iiiege, or LigiUS, one bound; used of lord and tenant, in feudal tenures. (2) Full, pure, or perfect. Liege poustie, a state of sound health, which gave a person lawful power in Scotland to dispose of his heritable property. Iiien, a right in one man (1) to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied; or (2) to charge property in another's possession with payment of a debt, etc., e^., a vendor's lien (q.v). It may be either (a) particular, arising out of some charge or claim connected with the identical thing; or (6) general, in respect of all dealings of a similar nature between the parties. It may be (i) by agreement between the parties, express or implied {conventional) ; or (ii) by operation of law, owing to the special relation between them, as in the case of a solicitor and client. See Maritime lien. Iiieu, (fr.), place. In lieu cf, in the place or stead of. Iiife annuity, an annual payment during the continuance of any given life or lives. Life-estate, a freehold not of in- heritance. It is either — (1) Conventional, or expressly created by the act of the parties: (a) for one's own life; or (6) the life of another — pur auier vie. Or (2) Legal, which is either (a) tenancy -in-tail after possibility of issue extinct; (b) curtesy; or (c) dower. Life-land, or Life-hold, land held on a lease for lives. Life-rent, (Sc), a rent received for a term of life. The owner of the property [real or personal), subject to the life-renter, is called the_/?ar, and the reversion the fee. The legal life rents are terce (dower) and curtesy. Ligan, wreck consisting of goods sunk in the sea, but tied to a buoy, so that they may be found again. See Jetsam. Ligeance, allegiance (g.v.). Light, that force of nature, by the action of which upon the organs of sight, things are made visible. The direct, reflecteil, or diffused rays of the sun. (2) The medium through which light is admitted, as a window, a pane of glass. See Ancient lights. Lignagium, a right of cutting fuel in woods. Ligula, a copy or transcript of a court-roll or deed. Limitation, a restriction ; a thing which limits or restrains. (2) A certain period fixed by statute within which an action must be brought after the cause of action accrues, or the L I M 168 L I V claimant will lose his right to enforce it by law. For par- ticular limitations, the statutes of the several states must be consulted. (3) A clause in a conveyance, will, etc., which de- clares how long the estate limited, or given thereby, shall con- tinue; e.g., "heirs," "heirs of the body," etc., are words of, limitation defining the nature of the estate conveyed. Iiimited, restricted; circumscribed; not full. Limited administratiou, administration [q.v.) of the effects of a tes- tator, or intestate, which is limited either as to time or as to the assets to be administered.. Limited liabili^, A com- pany is limited or unlimited, according as tLe liability of its share-holders is restricted to the amount they severally hold or guarantee in the capital of the company, or is not. Limited owner, a tenant for life, in tail, or by the curtesy, or other person not having a fee-simple in his absolute disposition. Limited partnership, a firm in which one or more of ths partners are, on compliance with the provisions of statutes regulating such partnerships, relieved from liability beyond the amount of the capital contributed by them.' Lineal, in a direct line. See Kindred. Lineal war- ranty, a warranty by the ancestor from whom the title did or might come to the heir. Liquidated, fixed; ascertained; e.g.-, damages, the exact amofint of which must be paid, or may be collected, upon -a de- fault or breach of contract. The term is frequently used in contradistinction to penalty (?.«•)■ Liqilidation, ascertaining and fixing the value of things, or the amount of damages, before uncertain (2) Paying, set- tling and discharging an Indebtedness or liability. (3) Wind- ing up the business of an insolvent, or company. ' » Lis, l; an action, or dispute. Lis mota, a controversy be- gun. Post litem motam, after the dispute has arisen. Lis pendens, a pending suit. Literal, written; adhering to the letter. Litigant, one engaged in a, law-suit, or litigation. Litis aestimatio, l., the measure of damages. Litis oon- testatio, I. See Guntestatio litis. Livery, delivery; formal transfer, or investiture. (2) A writ which lay for the heir, ward of the crown, to obtain possession of his lands, on coming of age. (3) The distinguish- ing dress delivered to the servants of a lord, or the members of a particular guild, on their entering the service, or joining the company. -Livery oif seisin, the formal transfer of the pos- session of lands or tenements before land "lay in grant." See Feoffment; Grant. It was of two kinds: (a) in deed, when feoffer and feoffee both wenl, on the premises to be conveyed L I V 169 LOU and the former delivered to the latter » turf, twig, or key, as symbolical of the whole; (6) in law,'v/hen made in view of the land. Iiiving. See Benefice; Memcyry. IiOan, a bailment of an article for consumption or use, to be returned in liind, or to be redelivered, without reward. Also, extended to the act of lending money on interest. (2) The thing or money lent. IiOcal, pertaining to a particular place or district. Local actions, those whirh must be brought in the county or district where the subject-matter lies, or tlie cause of action arose, as distinguished from transitory [g.v.]. Local allegiance, such as is due from an alien or stranger born, so lung as he continues within the sbveieign's dominions. Local courts, tribunals of a limited and special jurisdiction, as the borough and county courts. Local statutes, those whose operation is limited to a particular place, as distinguished from general statutes. Locatio, I; (Kom.), letting for hire. See Hiring. Lo- catio CUStodiae, a deposit for safekeeping, for a reward. Locatio mercium vehendarum, the carriage of goods for hire. Locatio operis, the hiring uf labor and services. Locatio operis faciendi, the bailment of things on which work is to be done. Locatio rei, the hiring of a thing. Location, the Scotch term for locatio (^q.v.). (2) The act of selecting and designating lands or mining claims, which a person is authorized by law to enter and possess. Locative calls, references to physical objects in entrtes or deeds, by which the boundaries of the tract claimed or con- veyed may be ascertained, and the land be identified. ■Locus, I; a place. Locus contractus, the place of the contract, i.e., the place where it is made. Locus delicti, the place where the tort or injury was committed. Locus in quo, the place in which. Locus poenitentiae, a p'ace of repentance, i. e., opportunity for withdrawing from an intended contract or act, or an impending liability, before one is bound; e.g.,hy the act or acceptance of the other party. Locus rei sitae, the place where the thing is situated. LoCUS sigiUi, the place of the seal. Locum tenons, one holding the po- sition ; a deputy. Lodger, one who occupies rooms in a house, the general control over which remains in the landlord. Lopwood, a right to lop wood for fuel on waste land of a manor. Lord, in feudal tenure, one of whom land is held by a ten- ant. His right to services, etc., is called his seigniory or lord- ship. See Homage; Manor. (2) A title of dignity applied LOB 170 ii Y K to peers of the realm, lords temporal; archbishops and- bish- ops entitled to seats in the House of Lords, lords spiritual i presiding judges of the court, lord chancellor, lord chief jus- tice, etc.; and high officers of state, in Great Britain. Lords of appeal, those members of the House of Lords who sit and near appeals; they include the chancellor, the lords of appeal in ordinary, or " law-lords," and peers who have held high judicial office. Lords justices of appeal, the judges appointed as members of the court of appeal. Lord's Day, Sunday; the first day in the week. Lord Paramount, the crown, of whom all land is in theory held. See Sovereign. Loss, in insurance, the destruction of, or damage to, .the in- sured subject by the perils insured against. The death of the person insured under a life policy; or, injury, fatal or other- wise, suffered by one insured under an accident policy. A loss may be total where the whole- subject-matter is destroyed or so injured as to be valueless; ov partial, not amounting to a total loss. In marine insurance, a loss not actually total, may be constructively so, where the subject-matter is so nearly de- stroyed, or so situated that the cost of raising and repairing the vessel would be so great as to justify the owner in abandoning her to the underwriters, and claiming as for a total loss. See Abandonment ; Insurance.' Lost papers, such as have been so mislaid that they can not be found after diligent search. Secondary evidence of the contents of such papers is generally admissible. Lost or not lost, words used in a maritime policy which enable the insured to recover, even if the subject of the insur- ance be lost at the time of making the policy. Low-water mark, that part of the shore to which the water recedes when the tide is lowest. Lucid interval, a period of sanity intervening Between two attacks of insanity. An act done during a lucid inter^l is as valid, and entails the same responsibilities, as the act of a sane person. Lucri causa, l-, for the sake of gain ; a term descriptive of the felonious intent with which property is taken. Lunatic, a person who (1) has intermittent attacks of in- sanity, or suffers from delusions; (2) who is found by inquisi- tion (g.v.) incapable of managing himself or his affairs; (3) who is confined in an asylum under proper certificates. Lying by, acquiescence (g.v.). Lynch law, a form of summary trial and punishment of real or suspected criminals, by persons having no properju- dicial authority. MA (3- 171 MAL M. SSagister, I., a master; ruler. Magister navis, maBter of a ship; he to whom the entire control of a vessel is com- mitted. Magistrate, a person charged with executive functions. (2^ Interior judicial oflScers, having summary jurisdiction in criminal offenses, and a limited jurisdiction in civil causes; e.g., police judges and justices of the peace. Magna Charta, l., the Great Charter of "English liberties, so called. It was based substantially upon the Saxon common law, and contains the solemn restitution of the ancient liberties of the realm, exacted by the barons from King John, in the year 1214, and was subsequently confirmed by over thirty dif- ferent statutes, of which those of 9 Henry III. and 25 Ed- ward I. are the most important. It provided inter alia against abuses of the royal prerogative, and for the proper administra- tion of justice. Mailla and duties, (Sc), rents of an estate. Maim. See Mayhem. Mainour, Manour, or Meinour, a thing stolen, which is found in the hand {in manu) of the thief who took it. MainoTre, a trespass committed by hand. Mainpernable, that which may be held to bail. Mainpernors, persons to whom a man is delivered out of prison, on their becoming bound to produce him whenever re- quired. Mainprise, the taking in hand of a person by mainpernors, who undertake to produce him again when required; an old term for bail (q.v.). Mainsworn, forsworn. Maintainor, or Bearer, one who, without interest in the subject of an action, and not being retained as counsel or at- torney^ maliciously, or, at least, officiously, interferes and assists with money, or otherwise, to carry it on. Maintenance, the supply of necessaries to those who are incompetent to provide for themselves. (2) Finding money, or otherwise assisting to carry on an action in which one has no lawful interest. See Champerty; Embracery. Majority, full age. At common law, a minor comes of age on the day preceding the twenty-first anniversary of his birth. See Age. (2) The greater number. Maker, the person who signs a promissory note; by so doine;, he engages to pay it according to its tenor. Mai, a-piafix, meaning bad; wrong; fraudulent. MAL 172 MAN Mala, 2., bad; wrong; fraudulent. Mala fides, bad faith, the opposite to hona fides. Mala in se, acts which are wrong in themselves, whether prohibited by liuman laws or not, as distinguished from mala prohibUa. Mala praxis, malprac- tice; had or unskillful treatment by a physician, or other pro- fessional person, resulting in an injury to the person who em- ploys him. Mala proilibita, acts which are prohibited by human laws, but not necessarily mala in se, or wrong in them- selves. Malefactor, a wrong-doer; one convicted of crime. Malfeasance, the commission of an unlawful act. Malice, hatred; ill will; a formed design of doing an un- lawful act, whether another may he prejudiced by it or not. If the known, and necessary consequence of the act done is injury to another, the law implies malice; but express malice, i.e., actual ill feeling toward the person injured, may also be proved to exist. Malicious, implying malice; wrongful; wanton; without just tause. Malicious arrest, imprisonment, prosecu- tion, etc., proceedings taken and carried on without probable cause. Malicious injuries, such as are inflicted on person or property wantonly and without just cause; e.g., arson, de- struction of property, etc. Malingerer, one who feigns illness, or protracts disease or the effects of a wound, to escape military duty, or to excite charity. Malitia praecogitata, I., malice aforethought. See Malice. Malo grato, I., in spite ; unwillingly. Malupi. See Mala. Malversation, misbehavior in an office, employment, or commission; as breach of trust, or extortion. Manager, a person appointed to have charge of the busi- ness of another, or of a corporation. (2) A person appointed by the House of Kcpresfintatives to prosecute an impeachment before the Senate. Mandamus {we command), a prerogative writ of a reme- . diiil nature, addressed to a person, sole or corporate, and not to the pherifT, as are ordinary writs, requiring the person to whom it is addressed to do some act therein specified, which is gen- eially one connected with his duty as a public official, or as a corporation exercising public franchises. The writ may be alternative, i.e., granted on ex parte affidavits, and requiring the person to do the thing or show cause why he should not be compelled to do it; or peremptory, i.e., after final hearing, when there is nothing for the defendant to do but to obey. Mandant, the principal in the contract of mandate. MAN 173 MAR Mandatary, he to whom a mandate or charge is given. (2) He that obtains a benefice by mandamus. -Mandate, a judicial command. (2) A. charge or commis- sion. (S) A bailment {g.v.) of gooas without reward {matv- datum,), to have something done to them; not merely for safe- custody. Mania, an insane delusion. An inclination to act in some things Contrary to the dictates of reason, sound judgment, or good morals. A person may be afflicted with a mania on certain subjects, or in certain directions, and be in all other respects mentally sound. Manifest, a document signed by the master of a ship, setting- forth. inter alia the description and destins^tion of the goods shipped by him. MannopUS, goods taken in the hands of a thief. Manor, an estate in fee granted by the crown, prior to the statute of Quia Emptorea (j.«.), 1290, to a person called the lord. The lands of a manor are (a) demesne [ierrae dominicales, belonging to the lord), part of which was usually granted by the lord to copyholders or customary freeholders, and a certain part held by villeins at the will of the lord; (ft) the lord!s wastes, over which his tenants usually had rights of common given to them. A manor, as a rule, has various franchises (q.v.) appendant to it; e.g., the right to waifs and strays, and the right to hold a court baron [q.v.). Mansion-house, the residence of the lord of a manor. (2) The chief dwelling-house on an estate. Manslaughter, the unlawful killing of another, without malice express or implied. See Malice. It is either (a) volun- tary, upon a sudden heat, or understrong provocation; (J) in- voluntary, i.e.-, without intending the death of the person, upon the commission of some other unlawful act. Mansum, or Manse, a dwelling-house, especially of a clergyman. Manu forti, I., with a strong hand ; a terra formerly used in pleading, in cases of forcible entry. Manufacture, to make by hand, directly or through the instrumentality of machinery. (2) An article produced by the work of man's hand, or by machinery. In the patent law the term is restricted to such articles as are thus made, excluding machines and compositions of matter. Manumission, (Eom.), the act of giving freedom to_ slaves. March, a boundary. The Marches, the borders between England and Wales, and between England and Scotland. M A B 174 MAR Marchet, a fine anciently paid by a tenant to his .lord, on the marriage of a daughter of the tenant. Marine, belonging or relating to the sea. Marine con- tract, one relating to business done upon the sea, or connected with vessels which sail thereon. Marine insurance, a con- tract of indemnity against losses by perils of the sea to ships, cargoes, freights, or any of them. Marine interest, com- pensation paid; for the use of money on bottomry or respondentia (g-v.) ; usually large In proportion to the risk assumed. Ma- rine leasue, a measure of distance equal to the twentieth part of a degree of latitude. Maritagium, marriage. (2) The right to dispose of an heiress; or, anoieptly, the daughter of a tenant, in marriage. (3) A. naarriage portion. Marital, pertaining to marriage, as marital rights, marital duties. See Jus mariti. Maritime. See Marine. Maritime larW, the law relat- ing to harbors, ships, and seamen. See Laws of Oleron. Mari- time lien, a lien, [q.v.) (a) on a ship, for wages, repairs, supplies furnished, etc.; (J) on goods transported in ships, for freight. Market, a public place for buying and selling at appointed times. The term includes fairs [q.v.). (2) The demand for a particular article. Market overt, open market. In the city of London every shop where goods are exposed for sale is market overt, a.n parte, or on notice to the other side, and when based on matter of fact not found in the record, must be supported by an affi- davit that such facts are true. Movables, goods; furniture; chattels personal; things which may be carried from place to place, as distinguished from real estate, and other things which can not. Mulct, a fine of money, or a penalty. Mulier puisne. See Bastard eigne. Mulierty, lawful issue. Multifariousness, in equity pleading, the demand in one bill of complaint of several distinct and independent causes of action. It was formerly ground for a demurrer, but greater lati- tude is now commonly allowed. See Joinder. Multipartite, divided into several parts. Multiplepoiudilfg, (Sc), the same as Interpleader (y.c). Multiplicity, the improper bringing of more than one action for whftt might be determined in a single action. Multitude, an assembly of ten or more persons. Multure, (Sc), a grist or grinding. (2)_ The payment due for grinding. Municipal, strictly speaking, that which relates to a city ; more generally, that which pertains to the state. Municipal corporation, an incorporation of the persons inhabiting a particular district or place, as a county, township, city, village, etc., fol' political purposes, enabling them to conduct its local government. Municipal law, that which pertains to a par- tijular state or nation, as distinguished from international law (?.■».). Muniments, writings (title-deeds, charters, etc.), on which rights depend for their support. Murder, the willful killing of any human being, with malice aforethought, either express or implied By the statutes of several states, murder is divided into degrees, depending upon the amount of malice and deliberation exhibited by the M U B 184 N A K murderer, and whether or not it was committed in tlfe perpe- tration of Bome other crime, such as arson, rape, burglary, rob- bery, and the lilce. Murdrum, in old English law, the secret killing of another. (2) The fine imposed on the district where it was committed. Mutatis-mutandis, means " with the necessary changes in points of detail." Mute, a term used of one who abstains from pleading to an indictment. Formerly, such an one was subjected to the severest treatment, to compel him to plead or answer; but the statutes of England and most of the states now provide that such an one shall be tried as if he had pleaded " not guilty." See Peine. Mutiny, the unlawful resistance of a superior oflBcer, on board a ship or in the army; disobedience of orders, accompa- nied with force, commotion, threats, and other violent disturb- ances. Mutual, reciprocal; interchanged; common. Mutual credits, credits given by each of two persons to the other. Mutual promises, promises made simultaneously by two parties to each other, each one of which is the consideration for the other. They will support each other, unless one or the other be void, in which case neither can be enforced. Mutual testament, wills made by two persons, each of whom leaves his effects t ) the other in case he survives. Mutuality, reciprocity of obligation; the state of things in which one person being bound to perform some act for the benefit of another, that other, on his side, is bound to do some- thing for the benefit of the former; (2) of assent, is where both persons know clejrly what each of them is undertaking to do; (3) of remedy, is where each can enforce the contract against the other. Mutuum, (Rom.), a loan whereby the absolute property in the thing lent passes to' the borrower (it being for consump- tion), and he is bound to restore, not the same thing, but an equivalent in things of the same kind. See Fungibiles. N. Naam, Nam, -Namium, the taking or distraining of movable goods and chattels. Naked, incomplete; not clothed with power. A naked contract (nudum pactum) is one made without consideration, and therefore void. A naked authority is one given without NAM 185 N E any right in the agent, and wholly for the benefit of the prin- cipal. Name, one or more words used to designate a particular individual. Names are either christian, i.e., first n'ames com- monly given at baptism, or surnames, or patronymics, i.e., names derired from one's parents or ancestors — the family name. Seo Alias; Cognomen; Idem sonans. Narratio, I., a count; a declaration. Nationality, the political status acquired by belonging to a nation or state. It arises by birth, or naturalization, and deter- mines the allegiance of a person. The term is jn frequent use, , also, with regard to ships. Their nationality depends upon that of their owners, and is indicated by the flag they carry. Natural, according to nature; not artificial, exceptional, or violent. Natural allegiance, that perpetual obedience which is due from all natural-born subjects to their sovereign, as distinguished from local allegiance, which is only temporary. Natural-born citizens, those that are bom within the jur- isdiction of a national government; i.e., in its territorial limits, or those born of citizens temporarily residing abroad. Natural child, the child of one's body, not necessarily ille- gitimate. The word is, however, popularly used as equivalent to bastard. Natural law, the law of nature; the dictate of risiht reason, in contradistinction to positive or statute law. Natural love and affection, words used in conveyancing, to express a meritorious consideration, being that love which one has for his kindred. See Consideration Natural per- son, a term used in opposition to an artificial person or corpo- ration, which has a legal though not an actual unity. Natural presumption, a presumption of fact, which derives its force irom observation and experience. Naturalization, investing aliens with the privileges and obligations of native subjects. r Navigable, capable of being navigated. A river, estuary, etc., is so called when the public have there a right of naviga- tion, i.e., to use it as a highway for shipping, etc. Ne, t. and /r., not; lest; that not. Ne admittas [do not admit), a writ directed to the bishop where a quare impedit is depending, lo prevent him admitting any one during the prosc- ress of the suit. Ne disturba pas, the general issue in qnare impedit (?.».), whereby the defendant simply alleged that "lie did not obstruct." Ne exeat regno, or republica, a hi-h prerogative writ, issuing out of a court of chancery, to prevent a defendant debtor fnmi going away and evading the jurisdic- tion. Ne injuste vexes, a writ, abolished 1833, forbidding a landlord to make excessive or unlawful distress. Ne re- K" E A 186 N E G Cipiatur, a caveat entered by a defendant to prevent a plaintiff, who had entered his cause too late, from having it tried at that sittings. Tfe unques, never: — decouple in loyal matrimonie [never lawfully married'), a plea in action for dower: — administrator or executor, a denial that defendant-was personal representativeof the deceased : — seisie que dower, called the "general issue in dower." Neat caitle, oxen and heifers. iN'ecessal'ieS, a relative term, implying not merely such things as are required to sustain life, but also those which are suitable to the rank and position of the person concerned. An infant. may make a binding contract for necessaries. _ A mar- ried woman has an implied authority to pledge her husband's credit for such things as are necessary to keep herself and her household in a manner suitable to his condition. Necessity, pressing need; overruling power; compulsion; irresistible force. An act done through necessity, and without will or intention, is one for which the agent is not beld re- sponsible. Negative pregnant, an evasive denial, which implies or carries with it an affirmative; a denial an form, which is not a denial in substance. Negligence, want of care. There are three degrees of negligence: (1) ordinary, which is the want of ordinary dili- gence; (2) slight; and (3) gross; Which answer to the Levis, levissima, and crassa of the Eoman law. The distinction is important in contracts of bailment; for if a thing be deposited with a bailee for hire, he is only liable for (1); if for his own benefit alone, he is liable even for (2); if for the bailee's sole benefit, he is liable only for (3). As to the e'ffects of negligence in asserting a right, see Laches. Contributory negligence is where a person has, by his own want of care, contributed to bring about a loss or accident, and can not, therefore, recover damages against the defendant. Negotiable instruments, those the right of action upon which is, by exceptioh from the rule formerly existing, freely assignable from one to another, such as bills of exchange and promissory notes. 'They also form an exception, permitted for the convenience of commerce, to the general rule that a man can not give a better title than he' has himself; inasmuch as the bona fide holder o'f a negotiable instrument has a good title, even though he took it from a person who stole it. Negotiate, to transfer a negotiable instrument for value ; to treat with another in respect to a purchase or sale, or a pro- posed agreement. Negotionun gestor, (Eom.), a person who spontaneously,. IT EI 187 IfBX and without the knowledge or consent of the owner, inter-, meddles with property, with the object of benefitting the owner. Weife.a man or woman born in villenage. Ifeinilie COntradicente, l-, {no one contradieiing)^ the phrase to signify the unanimous consent of the members of a deliberative body to a vote or resolution ; it is analogous to the term nemine disseniienie, used in the English House of Peers. Nephew, the eon of a brother or sister. ITepos; neptifl,(Kom.), a grandson; a granddaughter. Never indebteuj a plea to an action of indebitatus assump- sit, by which the defendant denies the existence of the contract or facts on which the plaintiflF relied. New assignment, a restatement of his cause of action by the plaintiff, with more particularity and certainty, when, owing to vagueness or generality in his first declaration, the answer of the defendant does not sufficiently meet the issue. New for old, a term used in insurance to designate the deduction made in cases of partial loss for the increased value of the new materials substituted for the old in malting repairs, usually one-third of the. cost after deducting the value pf the old materials used in reconstruction. New matter, statements of fact not previously alleged by either party to a suit, in his pleadings. New Style, the modern system of computing time by the Gregorian year, formulated in 1582 by Gregory XIII., intro- duced into great Britain a. d. 1752, the 3d of September of that year being reckoned as the 14th. Previously, the 25th of March was the civil and legal New Tear's day. The Russians and Greeks still use the old style, or Julian year. New trial, a re-hearing of a cause, before another jury, granted by the court, on motion of the party dissatisfied with the result of a previous trial, upon a proper showing that sub- stantial justice and equity require it. The usual grounds for a new trial are errors of the court in rulings on the trial or in charging the jury, misconduct of the jury or witnesses, newly discovered evidence which the party seeking a new trial could not with reasonable diligence have discovered and produced at the trial, surprise which prevents the party or his counsel from adequately presenting his case, and irregularities of any sort which render it probable that an impartial trial has not been had. Next friend, one who, without having been regularly ap- pointed guardian, brings suit and acts for an infant, feme covert, or other person not sui Juris. The next friend is usually a re- IT E X 188 NOB Ration, and is responsible for t&e propriety of the proceedings, and, prima facie, for costs. Next of kin. See Kin. Nexum (Rom.), the transfer of. ownership of a thing (res maneipi). absolutely, or by way of mortgage. Niece, the daughter of a brother or sister. Nieut [law,fr.), nothing. Nient comprise, not included ; an'cxceplion taken to a petition because the thing prayed for was not contained in the deed, or proceeding, upon which the petition was founded. Nient culpable, not guilty; a plea to any criminal charge or allegation of tort. Nient dedire, to say nothing! to suffer judgment by default. Nient le feit, the same as non est factum; a plea that the instrument declared on is not defendant's deed. Night, the time of darkness between sunset and sunrise. Nihil, or Nil, l-, nothing. Nihil capiat per breve, or billam, that he take nothing by his writ, or bill; the old form of judgment against the plaintiff. Nil debet, he (iwes nothing; the general issue in debt on a simple contract. Nihil dieit, he says nothing; the old form of judgment by default. Nihil habet, he has nothing; a return made by the sheriff, when he has not been able to find the defendant, or to take any thing on his writ. Nil habllit in tenementis, he has no interest in the tenements; a" plea denying the lessor's title, formerly pleaded in an action of debt, brought by a lessor against lessee for years, or at will,' where there was neither a deed between them, nor occupation'by the lessee; for otherwise the lessee would have been estopped. Nimious, (So.), excessive; unjustifiable. Nisi, I; unless. A decree, rule, or order of the court is'said to be made nisi when it is not to be of force unless the party against whom it is made fails within a certain time to show cause against it, i.e., a good reason why it should not be made. Nisi prius, unless before; important words in the writ di- recting the sheriff to summon jurors for the trial of causes pending in the superior courts of law at Wpstminster, in Eng- land, which have come to be applied, both in England and the United States, to the trial of civil causes before a single j6dge, with a jury. See Courts of assize and nisi prius. Nisi prlUB record, was an instrument in the nature of a commission to the judges at nisi prius for the trial of a cause, delivered to the oflScer of the court in which the cause was to be tried, and con- taining the particulars of the claim and defense, and, subse- quently the postea (g.v.) and judgment. Nobile ofiB.cium, 2., the equitable jurisdiction of the Court of Session, in Scotland. N O L 189 WON Nolens VOlenS, l, whether willing or unwilling. Nolle prosequi, l-, to be unwilling to prosecute; an entry made on the record, by which the plaintiff or prosecutor de- clares that he will proceed no further. Nominal, existing in name only; unimportant. Nominal damages, a trifling sum awarded, where a breach nount. Parcel, a part or portion of land. Parcenary, the tenure of lands by parceners or co-heirs. See Coparcenary. Parco fracto, De, a writ for breaking pound (?.«.). Pardon, the remission by the chief executive of a punish- ment, which a person convicted of crime has been sentenced to undergo. Parens patriae, l-, father of his country. In England, the sovereign (q.v.). Parenticide, one who murders a parent. Parents, the lawful father and mother of a child. It is their duty to provide for their children while they are unable to provide for themselves, and it is their right to exact obedi- ence and to receive their earnings until they are of age. Pares, a person's peers or equals. Pari, I; (abl. of par), in, or with, equal. Pari delicto, in equal fault; guilty to the same extent. Pari materia, in tfie same matter; on the same subject. Pari passu (with equal step), equally; without preference. Parish, the district committed to the charge of a parson, vicar, or other minister. (2) In Louisiana, a civil division; corresponding to the county in other states. Parish officers, church-wardens, overseers, and constables, PAR 200 PAR Park, in England, a place where wild animals of chase are kept, differing from a chase in being inclosed. In the United States, the term is applied to any public grounds kept for pur- poses of adornment and popular resort. Parliament, the legislative branch of the. government of Great Biitain, consisting of the sovereigns and the three estates of the realm, viz., the lords spiritual, the lords temporal, and the commons. See Souses. Parol, by word of mouth; not under seal. Pleadings when made viva voce were called the parol; and to pray that "the parol might demur,"- was to ask that the pleadings might be stayed until a certain date. See Evidence. Parricide, or patricide, one who kills his father. Pars ratiouabilis, '., [reasonable part), that part of a man's goods which the law formerly gave to his wife and children at his death. Parson, the minister of a parish, who has the care of souls, and, in England, full possession of all the rights of a parochial church. Part, a share; less than the whole; e.g., part payment, part performance, etc. Part owners, those who own a thing together, or in common; e.g., a vessel. Particeps eriminis, L, a partner in crime. Particular average. See Average. Particular es- tate, that interest which is granted or carved out of a larger estate, which then becomes an expectancy either in i-eversion or remainder [q.v.). See Executory. Particular lieu, a right of detaining a chattel from the owner, until a certain claim upon it be satisfied. See Lien. Particularity, in pleadings, is the allegation of details. Particulars. See Bill of particulars. Partition, the act of dividing. Where land belongs to two or more joint tenants, tenants in common, co-parceners, or the like, each of them is entitled to have partition made so that he may hold his share in severalty, and have it distin- guished from the rest. This may be effected either voluntarily by deeds of partition, if- the parties are sui juris, or compul- sorily by an action in the proper court. .Partnership, is the result of a contract whereby two or more persons agree to combine property or labor, or both, for the purpose of a common undertaking and the acquisition of a common profit. A partnership jorimoi/acte determines by the death or bankruptcy of any of the partners; but both this and other general rules applicable thereto are generally modified by ai-ticles of partnership, i.e., an agreement entered into by the partners at the outset of their undei:taking. A partnership PAR 201 PAT at will is one, the duration of which is not fixed; it may be dissolved at anytime by any partner. See Dormant; Nomi- nal; and Ostensible partners. Part-owners, or Quasi-partners, are joint owners, tenants in common, or co-parceners, who have a distinct, al- though an undivided interest in the property. None of them can dispose of the whole property, or act for the others in re- lation thereto, as partners properly so called can do, but each can only deal with his individual interest; this, however, un- like a partner, he can do without the consent of the others. Party, a person who takes part in a legal transaction, e.g., an agreement or deed, or in a legal proceeding. Parties to an instrument are distinguished as being of the first part, second part, and so on : parties to a suit, as parties plaintiff, or parties defendant. Party wall, a wall erected on the line between two adjoining lots, belonging to different owners, for the use of both. Pass, in sales and conveyancing, to transfer, or to become transferred. (2) To decide upon or allow, e.g., an account, by the proper officer. Passage, a right of way over water. Hence, a voyage, or the money paid for the transportation of a person over the sea. Passenger, one who has taken a place in a public convey- ance for the purpose of being transported from one place to another; or one who is so transported. Passive, inactive; suffered, or permitted. Passive debt, a debt upon which no interest is payable, as distinguished from an active debt. Passive trust, a trust as to which the trustee. has no active duty to perform. See Bare trustee. Passive use, a permissive use (y.«.). Passport, a license for safe passage from one place to another. (2) A document furnished to persons traveling abroad, certifying their citizenship and designed to protect them from injury to their persons, propertj', or liberty. Pasture, the right of grazing cattle. (2) Land employed for grazing purposes. Patent, a grant of some privilege, property, or authority, made by the government or sovereign of a country to one or more individuals. The term is applied chiefly to the title- deeds by which the government, state or national, conveys its lands and to letters-patent, granting to original inventors the exclusive right for seventeen years to manufacture, sell and use the inventions described therein. Patent office, a bureau of^the Interior Department at Washington to which all applications for letters-patent must be made, and from which they issue when the office is satisfied of the novelty and utility PAT 202 PEA of the invention. Patent rolls, registers in which letters- patent are recorded. Paterfamilias (Rom.), one who is sui juris and the head of a family. Patria potestas (Kom.), the power of a paterfamilias over his family. Patricide. See Parricide. Patrimony, an hereditary estate or right. Patronj of a living, the owner of the advowson (g.v.). Pauper, a person receiving poor-law relief. Pawn, a bailment of goods by a debtor to his creditor, to be kept till the debt is discharged. It diflFers from a mortgage in that it passes only a special property in the thing pledged, and the right of the pledgee, as a rule, ceases if he has not possession of the pledge. Pawnbroker, one whose business it is to lend money on pledge. Payable, that which ought to be paid, generally_ speaking, at once. Payee, one to whom a promissory note, cheque, or bill of exchange is made payable. Payment, the satisfaction of a debt, or obligation to pay money. It may be made in money, or any thing which is un- conditionally accepted by the payee as a substitute therefor. A receipt is prima facie, but not conclusive, evidence of pay- ment. Part payment makes it unnecessary within the statute of frauds to make a note in writing of a sale of goods; it also revives a debt so as to bar the operation of the statute of limi- tations. Payment into court, the deposit with the proper officer of a court of a sum of money, made by a party to a suit, (a) when he can not safely pay it to either of several persons claiming it, and desires them to interplead, and have the court determine which shall receive' it; (6) when he de- sires to relieve himself from the responsibility of administer- ing a fund in his hands as trustee for others; (c) when he admits the plaintiff's claim to the extent only of the amount paid in and disputes the rest. The general effect of such pay- ment- into court is to relieve the party paying from all liability for costs, unless a judgment is rendered against him for a larger amount than the sum so paid in. Peace, publicorder; freedom from war, violence, or public disturbance. Peace, bill of, a former remedy against un- necessary litigation, adopted where a right had to be enforced by or against a number of persons. The courts of equity in- terfered in such a case by injunction to quipt the possession of the applicant. Peace, Commission of the, in England, a special commission under the great seal, appointing justices of PEC 203 PER the peace. It is one of the authorities by virtue of which th? judges sit upon circuit. See Justice of the Peace. Peculiar, in England, a particular parish or church, that has jurisdiction within itself, and is exempt from that of the ordinary. Peculiars, Court of, a branch of, and annexed to, the Court of Arches. Pecuniary, relating to money. Pecviniary causes, in the ecclesiastical courts, such as were brought to recover naoney damages for withholding ecclesiastical dues, or doing or neg- lecting some act connected with the Ohureh. Pecuniary legacy, a testamentary gift of money. Pedigree, lineage, genealogy. See Hearsay. Peer, an equal. It is a maxim of English law that a man should be tried by his peers or equals. (2) A member of the House of Lords. Peine forte et dure,/?"-, the ancient method of forcing an accused person to plead, by putting him to the torture. Pelfe or Pelfre, booty ; ill-gotten gains. (2) The personal effects of a felon. Penal, pertaining to or respecting punishment. Penal action, an action for statutory penalty. Penal bill, the old name for a bond with a condition to do a certain act, or in de- fault thereof pay a certain sum of money by way of penalty. Penal irritancy (Sc), forfeiture by way of penalty. Penal laws or statutes, those laws which prohibit an act, an4 impose a penalty for the commission of it. Penalty', a sum of money reserved on an agreement, to be paid in case of the non-performance of such agreement, the legal operation of which is, not to create a forfeiture of that entire sum, but only to cover the actual damages occasioned by the breach of contract, e.g., whore the payment of a small sum is secured by an undertaking to pay a much larger sum in case of default, as in the case of a bond. See Liquidated. (2) A sum of money payable as compensation, or by way of punish- ment. See Penal laws. Penance, an ecclesiastical punishment which affects the body of the penitent, inflicted by an ecclesiastical court for some spiritual offense. Pendente lite, 1-, while the suit is pending. See Adminis- tration; Alimony. Pension, a stated allowance granted by the government to an individual, or his representatives, for services performed by him for the country. Pepper corn, the berry or fruit of the pepper plant. Hence, any thing of insignificant value. Per, I., by; through; during. To come in, or to have PEB 204 PBB title, in the per was to claim as heir or assign through, the person last entitled to an estate. Per annum, by the j-ear. Per auter vie, during the life of another. Per capita, by the head, i.e., by the number of individuals; opposed to per stirpes, by the number of families. See Representation. Per contra, on the other hand. Per curiam,- by the court. Per diem, by the day. Per fas et nefas, by right or by wrong. Per formam doni, by the form of the gift, which regulates descent. Per fraudem, through fraud. Per incuriam, thiough want of care. Per infortunium,' by misadventure. Per minas, by threats. Per my et per tout, by half and by whole. See Joint. Per pais. Trial, trial by the country, i e., by jury. Per quae Servitia (4y which service), a real action by the grantee on a fine of a manor or seigniory to compel the tenants to attorn to him. Abolished, 1833. Per C[Uod (whereby), words Introducing the allegation of special damagesj e.g., per quod consortium, or servitium, amisit (he lost the benefit of her society, or services), in actions by a husband or master for injury to his wife, or seduction (q.v.) of his servant or daughter. Per Se, by itself; alone. Per Stirpes, see Per capita. Per totam curiam, by the full court. Per verba de prae- senti, — ^futuro, by words of the present, i.e., a declaration — future, i.e., a promise; distinctions in the forms of marriage under Scotch law. Perambulation, a walking of boundaries, performed by the sheriff, in pursuance of a writ, to settle disputed lines be- tween adjoining land owners. Perception, the talcing possession of, as crops by harvest- ing, or money by counting it out and accepting it in payment of a debt. Perduellion, treason. Perdurable, lasting long, or for ever. Peremptory, absolute; final; admitting of no excuse for non-performance; e.g., an order; mandamus. See Challenge. Perfect, complete; used of contracts and obligations to dis- tinguish those which can be enforced by law, from imperfect - ones which can not, and of trusts, to denote those which have been executed. Performance, the act of doing something; especially some- thing required by a contract or condition, which relieves one from all further liability thereunder. Performance, or part performance, of a parol contract will prevent the party receiv- ing it from avoiding the contract, under the statute of frauds because it is not reduced to writing. Peril, da"nger; risk; that which threatens or causes a loss, PEE 205 PER e.g., iif the subject of insurance. Perils of the Sea, an ex- pression used in bills of lading to denote causes of loss or injury for which carriers will not hol.d themselves liable, and in policies of marine insurance to cover those risks for which the insurer is liable. Perjury, a false statement under oath, or affirmation, willfully made in regard to a material matter, in judicial proceedings. Permissive, suffered, or allowed ; as Permissive use, one resorted to prior to the statute of uses, to evade the law of mortmain, forfeiture, and the like; and Permissive waste, the neglect to repair. Pernancy, receipts of rents and profits; the person receiv- ing was called a pernor. Perpetual injunction, an injunction which finally dis-, poses of the matter in dispute, and is indefinite in point of time. Perpetuating testimony, the act of reducing to writing the testimony of a witness, to be used in a suit thereafter to bo commenced, when by reason of age, or infirmity, or his going abroad, the testimony is likely to be lost. This is generally provided for by the statutes of the several states. Perpetuity, is the tying-up or disposing of property so that it never becomes at the absolute disposal of any person or number of persons. This is contrary to public policy, hence the rule against perpetuities, generally adopted, which forbids any executory interest to come into being later than a life or lives in being and 21 years after, allowing for gestation where it exists. Estates tail are an .apparent exception. See also Mortmain. Person or Persona, any body capable of having and be- coming subject to rights; a human being, also called natural person. (2) An artificial person, or corporation (q.v.). Per- sona designata, l-, one described as an individual, as dis- tinguished from one described merely as a member of a class. Personal, appertaining to a person, or to the person. Per- sonal action, one brought to recover personal property, or for damages for the breach of a contract, or injuries to person or property, as distinguished from real actions {q.v.). "Bet- sonal chattels, things movable which may be attached to the person and carried about with him from one place to another; as distinguished from chattels real or interests in land. Personal contract, a contract relating to personal property. Personal property, the right or interest which a man has in things movable, or in any estate less than a freehold. The P E B 206 PET latter is termed an impure, or mixed, personalty Personal representatives, the executors, or administrators, of a de- ceased person. Personal rights, the rights of personal se- curity, comprising those of life, limb, reputation, and liberty. Personation, the offense of pretending to be another per- son, whether real, or fictitious. Persuasion, influencing another by request, entreaty, or representation When carried to such an extent as to deprive the person influenced of freedom of will, it is a ground for set- ting aside a will made in pursuance thereof Pertinent, tending to prove or disprove the allegations of the parties. Petit. See Cape; Jury; Petty. Petition, a supplication made by an inferior to a superior, and especially to one having jurisdiction. The right to peti- tion the government for a redress of grievances is secured to the people by the constitution of the United States. The writ- ten statement of the plaintiff's case in an action is commonly called a petition. Petition of right, in England, one of the methods of obtaining possession or restitution, from the crown, of either real or personal property. (2) The statute 3 Car. I c. 1, a parliamentary declaration of the liberties of the' peor pie, assented to by Charles I. in the beginning of his reign. Its chief provisions were the denial of any right in the crown to tax or to imprison arbitrarily. Petitory, that which demands, or petitions. Petitory ac- tion, one in which the title to property is litigated, as distin- guished from a possessory action, in which possession is sought. (2) In Scotland, an action in which damages are sought. Petty, small; trifling; of little importance. Petty-bag OfS.ce, an office formerly belonging to the common-law ju- risdiction of the court of chancery, and now transferred to the high court; so called, because the writs issued out of it and the returns were kept in a little sack or bag In it are transacted matters relating to solicitors, and out of it issue all original writs and certain commissions. Petty constables, inferior officers in every town and parish, subordinate to the high con^ stable pt the huildred. Petty jury. See Jury. Petty lar- ceny. SeeLarceny. Petty sergeantry, is holding lauds of the crown by the service of annually rendering some warlike weapon or implement. Petty sessions, sittings of one or two justices of the peace, who are empowered by statute to try in a summary way, and without jury,, certain minor offenses Petty treason, treason of a domestic Bature, as if a servant killed his master, or a wife her bU3)>aiid. In the United States, PEW 207 P L E and, since 9 Geo. IV. c. 31, in England, this is known and treated only as murder. Pew, a seat in a church separated from others by a suitable inclosure, and with room for standing and kneeling con- veniently. The owner is generally regarded as having an in- terest in the real property ; but he can not maintain trespass, nor prevent the church authorities from tearing down and re- building. Picketing, is the offense of posting persons outside a man- ufactory, or place of business, for the purpose of molesting or intimidating workmen engaged there. Pignus, i; a pludge, or pawn ; the contract of pledge. Pillory, a wooden frame with movable boards and holes, through which the head and hands.of a criminal were put, to punish him. This mode of punishment has been generally abolished. Pilotage, the compensation given a pilot for conducting a vesseLinto, or out of, port. (2) The office or employment of a pilot. Pin-money, a yearly allowance, settled on a woman before marriage, to defray her personal expenses. Piracy, the commission on the sea of such acts of robbery and violence as would amount on land to felony. See Capture. (2) Infringement of copyright. Piscary, the right of fishing in the waters of another. Flacita Communia, l-, the common pleas, i.e., civil ac- tions between man and man, as distinguished from placiia coronae, or pleas of the crown, criminal actions in which the king is plaintiff. (2) The court where they were tried. (3) Penalties. Plaint, lihe statement in writing of a cause of action, with which all actions in a county court begin, and upon which a summons i.s issued. Plaintiff, one who brings an action. Plea, the formal answef of a defendant to the plaintiff's de- claration in an action. Pleas were (a) dilatory, i.e., either to the jurisdiction, or in suspension of the action, or in abate- ment, by showing some formal defect in the indictment; (A) peremptory, i.e., in bar of the action; e.g., the pleas of not guilty and autrefois acquit (2) Any pleading in the ecclesiastical courts (3) A legal proceeding; hence (a) pleas of the crown, criminal prosecutions; (6) common pleas, civil causes. Plead, to answer the opponent's plea in an action. (2) To make a plea, e.g., of not guilty. (3) To argue a cause in court. Pleader, one who draws pleadings. P L E 208 P O I Pleadings, the alternate and opposing statements of the par- lies to an action froDii the declaration, petition, or bill of complaint, until issue is joined. The regular common law pleadings were the Declaration, or Count, the Plea, Replication, Rejoinder, Sur- rejoinder, Rebutter, and Surrebutter. By the civil codes of pro- cedure adopted in many of the states, the regular pleadings are now limited to the Petition, Answer, and Reply. In equity, the regular pleadings are the Bill of Complaint, Plea, or Answer, and Replication. Demurrers and motions are employed in both equity and common law practice, but are not regarded as be- longing to pleadings in the strict sense of the term. If a party makes default in pleading, the statements made in the previous pleading of the opposite party are taken as admitted. Pledge, a pawn, or thing delivered to another as security for payment of a debt, or performance of an obligation. (2) The transaction by which the pawn is given and the money obtained. Plena probatiO (Rom.), full proof, i.e., by two witnesses. Plenarty, a term signifying that a benefice is " full," i.e., not vacant, Plenary, full, conclusive. Plenary suits, are those in which the proceedings must be full and formal, as op- posed to summary, in which the proceedings are brief and informal. Plene administravit, I., [he has fully administered), the defense of an executor or admmistrator when sued for a debt of his testator which he has no assets to satisfy; if he has assets, but insufficient, he pleads plene adm,inistravit praeier, i.e., except what he specifies. Plight, to pledge, as one's faith, or troth; not applied to goods and chattels. (2) The state or condition of a thing, as a will, or an estate. Plough-bote, see Bote; Estovers. Plough-land, see Hide. Plurality, a greater number. A plurality of votes is a larger number of votes cast for one candidate than any other has received. It may he less than a majority, which is more than half of all votes cast. Pluries {often), a writ that issues in the third instance, after the first and the alias have been ineffectual. Poaching, unlawfully taking or destroying game. Pocket- Sherifif, one appointed by the sole authority of the crown, not being one of the three nominated by the judges in the exchequer. Poinding, (Sc), the taking of goods, etc., in execution, or POL 209 P O S by way of distress. (2) The detention of cattle found trespass- ing. See Pound. Policy, of a statute, is its object or intention ; this is some- times distinguished from the letter of it. (2) The instrument by which insurance is effected on the life, or property, of an individual. Public policy, general interest. Poll, the head, whence poll-tax, a, capitation tax; to poll a jury, i.e., to question them one by one as to their verdict ; to poll, i.e., to take votes, etc. (2) See Deed-poll. PoUicitatio, (Eom.), a promise before it is accepted. Polyandry, the state of a woman who has several hus- bands. Polygamy, plurality of wives or husbands. Pone, an obsolete writ to remove suits from an inferior court into the superior courts at Westminster. .Pone per vadium, a writ to force a defendant to appear for trial, by exacting sureties from him. Obsolete. Pontage, duty paid for crossing, or for repair of, a bridge. Popular action, one brought by one of the public to re- cover some penalty given by statute to any one who chooses to sue for it. See Qui tarn. Porrecting, producingforexamination, or taxation, as por- recting a bill of costs, by a proctor. Port, a harbor, or place for tailing in or discharging cargo, and especially one where customs are leviedj Portion, that part of a person's estate which is given or left to a child. It usually takes the form of a sum of money given to younger children on attaining twenty-one or marrying. See Hotchpot; Satisfaction. There are two ways of raising portions, one by sale or mortgage, the other by perception of profits. • 1 Positive, actual; express; absolute; not doubtful; direct, as opposed to negative, e.g., evidence. (2) Laid down ; made by men ; e.g., positive law, as opposed to natural law. Posse, a possibility. A thing is said to be in posse when it may possibly exist; in esse when it actually exists. Posse. COmitatuS, the "power of a county," which includes all able- bodied men therein, above the age of fifteen, who may be called on by the.,6heriffto assist him in preserving the peace. Possessio (Eom.), detention, which by means of usitcapio (length of possession) became actual ownership.' Possessio fratris, possession by a brother, or one in such privity with a person as to make it equivalent to his own possession. Possession, the state of owning, or having a thing in one's own power or control with the intention of exercising ownership. It maybe (a) actual; (6) constructive, or in law, P O S 210 P O S i.e., without actual personal occupation; (c) apparent, as where land descends to the heir of a disseisor; (rf) naked, i.e., without color of right. Possession must be adverse, i.e, inconsistent with the rights of the true owner, in order that a title may be gained by the person in possession, under the statute of limita- tions. Possession of stolen goods raises a presumption of' larceny, against the holder. Possession may be without enjoyment, e.g., that of a bailee. The maxim, "Possession is nine-tenths of the law," means that every claimant can only succeed by the strength of his own title, and therefore the weakness of his opponent's title avails him nothing if the latter is in possession. (2) Seisin (q.v.). (3) Occupation, e.g., by a lessee. (4) The thing possessed, n Possession money, a sheriflF's officer's fee for keeping possession of property under a writ of ex^cution. See Poundage. Possessory actions, those relating to, or arising out of, the possession of land. Possibility, a future event which may or may not happen. (2) An interest depending on the occurrence of an uncertain event. Post, after ; occurring in a book, it refers to a later page or line. Aciion, or Writ of Entry,, in the post, a writ given by the statute of Marlbridge, 52 Hen. III. c. 30, in cases where the number of alienations or descents between the defendant and the original disseisor exceeded two. Abolished, 1883. Post date, to date an instrument as of a day later than the one on which it was made. Post diem, after the day. Post-disseisin, a writ for him who having recovered lands by novel disseisin, was again dispossessed by the former disseisor. Post-entry, a subsequent or additional entry of goods at a custom house to make up frhe original entry to the proper total. Post-liminium, after the threshhold or bound- ary; the restoration to its former owner of the right to prop- erty taken by an enemy, when immediately recaptured and brought back within the jurisdiction of the country from which it was taken. Post litem motam. See Lis. Post-mor- tem {after death), as a post-mortem examination. Post- natus [bo^'n after), the second son. (2) One born in Scotland after the accession of James I., and therefore not an alien in England. (3) One born after the separation of England and the United States. Post notes, bank notes payable at a distant period and not on demand. Post-nuptial settle- ment, one made after marriage {q.v.). Post-obit bond, a bond, conditioned to. be void 6n the payment by the obligor of a sum of money, upon the death of another person from P O S 211 P O W whom the obligor expects to inherit something. Post-oflB.oe, an office for the receipt and delivery of mail. Postage, the money charged by law for carrying letter?, papers, etc., by mail. • Fostea, was formerly- a statement of the proceedings in a common law action, indorsed by the judge, before whom the trial was had, on the nisiprius record. Posterity, all the descendants of a person in a direct line. Posthumous child, a child born after its father's death ; or taken out of the body of a dead mother. Postman, a senior barrister in the old Court of Exchequer who had a right of precedence in motions. See Tub-man. Post master, a government officer who keeps a post office, sells postage stamps and attends to the receipt, for,warding and delivery of letters, etc., passing through the mails, issues and pays money orders, postal notes, etc. Post master Gen- eral, the chief officer of the post office department of the United States. He is a member of the cabinet. Postremo-geniture, the custom of Borough English (g.v.). Postulatio (Rom.), the first act in a criminal proceeding. Potwallers, or PotwalloperS {wallop, to boil), persons who cooked their own food, i.e., householders who, in some boroughs, were given a vote on this qualification. Found, an inclosul-e in which stray cattle, or those taken damage feasant, or as.distress, are placed; it may be overt, i.e., open to the sky, or covert. (2) A place where goods distrained are kept; if they are liable to damage from exposure, they must be placed in a pound covert. Pound-breaoh, breaking open a pound to take cattle; it is an indictable oftense. Poundage, the amount allowed the sheriff or other officer- as commissions on the money made by virtue of an execution. It is regulated by the statutes of the several states. Pourparty, to divide the lands which fall to parceners. Pourpresture, any thing done to the nuisance or hurt of the-queen's demesnes, or of a highway, etc., by iiiclosure or building. It is more usually called a common or public nuisance, but was originally an invasion of the rights of the crown. Poursuivant, a king's messenger; those employed in mar- tial causes were called poursuivants-at-arm/i. The four pour- Buivants in the herald's office are called Rouge Croix, Blue Mantle, Rouge D? agon, and Portcullis. Power, an authority to act which one person gives to an- other. It may authorize the donee to do something on his own behalf, or to act for the donor either generally or in a particu- lar matter. A power is said to be naked vfhen the donee has no P B A 212 P B A interest in the subject-matter; coupled with an interest when the donee has an interest in the subject-matter. The former may be revolted at the will of the' donor; the latter, not with- out the, consent of the donee. Powers may be conferred by written instruments called powers of attorney, which are re- voked by the death of the donor, except where coupled with an interest, by deed, or by will. Power of appointment, an authority conferred by deed or will, to make a gift or distribu- tion of property, or to dispose of an interest in real estate. It may be \a) appendant, i.e., appurtenant, to be exercised out of the estate limited to the donee;- (J) in gross, i.e., to create an es- tate which will take effect upon the expiration of his own es- tate; (c) collateral, i.e., with reference to an estate in which the donee takes no interest; (d) general, when the donee is at , liberty to appoint to whom he pleases ; (e) special, when he is restricted to a particular class, or particular individuals or ob- jects. Practice, that part of the law which regulates the conduct of legal proceedings. (2) The conduct of legal proceedings in the courts through all their various stages. Practice COUrt. See Bail court. Praecipe {command), a slip of paper upon which the par- ticulars of a writ which a person wishes to have issued are written; it is lodged in the offico out of which the required writ is to be issued. Praecipe quod -reddat, an original writ, now abolished, commanding the defendant to do a certain thing, or show cause to the contrary. Praecipe, tenant to the, the person to whom a tenant in tail, seeking-to bar the en- tail by a recovery with double voucher, granted a freehold es- 'tate in the lands iff question. See Recovery. Praedial, that which arises immediately from the ground, as grain, hay, fruit, herbs and the like. See Tithes. Praedium, (Kom.), an estate; lailds in the provinces. Praedia volantia, heavy articles of furniture which ranked as immovables. Praedium dominans, an estate to which a servi- tude is due; the ruling estate, as opposed to praedium serviens. Praemunire, to forewarn; a word used in the writ to sum- mon a person guilty of submitting to or maintaining the au- thority of a foi'eigii power (notably that of the pope), in Eng- land, contrary to the so-called statutes of praemunire, of which that of 16 Eic. 11. c. 6, was the chief. (2) The offense of maintaining papal authority in England. The punishment was forfeiture of property, and to be put out of the protection of the crown ; but it is now obsolete. Praepositura, (Sc), the intrusting of a wife with author. ity to transact certain business on behalf of her husband, and P B A 218 P B B to bind him by her contracts. A wife is imp\\ed\y praepoHia nego- tiia for the purposi! of managing her husband's household affairs. Praepositus, an officar of a hundred. (2) The person from whom descent is to be traced. Prayer, that part of a bill which asks for relief. It may be general aslcing for any relief the court -is authorized to grant; or special, asking for a particular form of relief. Preamble, introduction; preface. (2) The introduction of a legislative resolution or act, which sets forth its intent and the mischiefs to be remedied. Prebend, a stipend granted to a prebendary in a cathedral church, in consideration of his officiating therein. Precarium, (Kom.), a form of permissive use or occu- pancy, the duration of which depended on the owner's will. It was an innominate contract. Precatory words, in a will, such as "desire," "hope," "trust," create an implied trust, unless the trust is one which the court is unable to enforce. Precedence, the right to go before another. Precedent condition, one which delays the vesting or en- largement of an estate, or right, until a specified event has hap- pened. Precedents, previous decisions of the court, which should always be followed in similar eases by courts of co-ordinate au- thoi'ity. (2) Forms of procedure wliich have been sanctioned by the courts or long usage, and are therefore to be followed. Precept, a command given by a person in authority, or public officer to another, as by a judge to a sheriff, or by a bishop to an archdeacon. See Induction. Precinct, a constable's district. (2) A minor political division of a city or town. Precognition (Sc), the heads or "proof", of the prelim- inary examination out of court of a witness. Pre-contract, a prior contract to marry. This was for- merly a canonical impediment to a marriage with any ether person. Predecessor, one who precedes another; the correlative to successor, as ancestor is to heir. Pre-emption, the right to purchase property before or in preference to any other person ; given by statufe to settlers on 'the public lands. (2) In internatiocal law it is the right to buy at a fair price in time of war any materials, not being contraband of war (see Confiscation), entering the ports of the country exercising the right, and which would otherwise fall into .the hands of the enemy. Preference, any attempt by a person unable to pay bis PEE 214 4» R E debts, as they become due to favor one creditor at the expense of the others. , Preferred stock, that part of the capital stock of a com- pany which, under its by-laws, has superiority as to payment of dividends up to a fixed amount, over the common stock. Pregnancy, the state of a woman who is with child. See Jury of Matrons; Ventre. Prejudice, a forejudgment, or bias, which interferes with a rnan's impartiality and sense of justice. Propositions for compromise and communications between opposing parties are often made "without prejudice," so that if the negotiation fails, nothing that has passed in the course of it can be taken advantage of by the olher party, or brought as evidence against the person making the oflFer Preliminary, something which precedes, as preliminaries of a treaty, i.e., the first sketch of a treaty which both parties are desirous to conclude. Preliminary proof, the sworn state- ment of a party, or his principal witnesses, as to the time and manner of a loss; usually required by insurance companies as a, prerequisite to a demand for payment of the loss. Premeditation, a design, or intention formed to commit a crime, or do an act, before it is done. Premises, that which has been already stat&d. (2) Prop- erty already described in an instrument. (3) Houses or lands. (4) That part of a deed which precedes the habendum. Premium, the consideration paid for the issuance or re- newal of a policy of insurance. Premium note, a note given in whole or part payment of the premium due cm a policy of insurance. Premium pudicitiae, the consideration which a man promises to pay lor illicit cohabitation with a woman. Prender.or Prendre, seeJ'rofit. Prepense, aforethought. See Malice. Prerogative, the exceptional powers and privileges of the crown (?.».); or of any high office. Prerogative court, an ecclesiastical court of each of the English archbishops, the appeal from which is to the privy council. The testamentary jurisdiction was transferred to the probate court in 1857. Prerogative writs, are those the issue of which is discretion- ary with the ccjijrt, as opposed to Writs of right, so called. They are the writs of procedendo, mandamus, prohibition, quo war' ranto, habeas corpus, and certiorari; and are only granted on" proper cause shown. Prescribe, to lay down. e.g.. rules. (2) To claim by pre- scription. Prescription ( Usucapto, Rom.), t..e gaining of a j-ight or title by lapse of time. It is either (a) negative, so called iP R E 215 PRE because the title given thereby arose originally from the real owner being barred of his remedy to recover the land in ques- tion; or (i) positive, which unlike (a), relates to incorporeal hereditaments, and originated at common law from immorao- rial, or long, usage only; it being presumed that there had originally been, a grant which had in the interval been lost. Positive prescription only arises if the hereditaments have been enjoyed peaceably, without interruption, openly, and as of right (nee vi, nee clam, nee preeario). The period of prescrip- tion was originally "time out of mind;" but is generally lim- ited now to the time beyond which a man is prevented by the statutes of limitation from recovering his rights. Presentation, of a bill of exchange, cheque, or note (also called presentment), is to tender it for acceptance, or payment, as the case may be. (2) Of a clergyman, is to offer him to the bishop for institution to a benefice. This is done by the owner of the advowson. Presentment, the report by a grand jury of an offense brought to their notice; an inquisition of office. Presents, These, is the term by which a. deed refers to itself. President, the title of the chief executive of the United States. (2) The presiding officer of a corporation, society, or deliberative body. Presumption, » conclusion, or inference, of law, or fact drawn from the proved existence of some other fact. Presump- tions may be either (a) juris et de jure (of law and by the principles of law), such as the presumption of incapacity in a minor to act, which are conclusive and irrebuttable; (J) juris (of law), which may be disproved, or "rebutted," by evidence; or (c) judicis, or facii, i.e., presumptions of fact, drawn by a judge from the evidence. Presumptive, that which may be inferred or presumed. A. presumptive title is one which arises out of, or is presumed from, mere possession without claim of right. Pretensed, pretended, or claimed; e.g., right, or title. Preterition, or Praeteritio (Bom.), the entire omission of a child's name in the father's will, which rendered it null; disherison (exheredaiio) being allowed, but not preterition. Pretium affectionis, l., an imaginary, or "fancy," value set on a thing by one peculiarly desirous of possessing it. Prevarication, collusion between an informer and a de- fendant, in order to a feigned prosecution. (2) Equivocation ; deceitfully seeming to undertake a thing, with the purpose of defeating, or destroying, it. (3) Malversation, or misconduct, in a public office. P E 1 216 P B I Price, the money consideration given for the purchase of a thing. Prima facie, i.i at first view; on tlie first aspect. Prima facie evidence, presumptions, etc., are such as will prevail, if not rebutted, or disproved. Primae ImpreSSionis, I. See First impression. Primage, a customary duty paid by a merchant, or con- signee, to the master and sailors of a ship or vessel. Primary, first, or principal. Primary evidence, the best evidence of which the case in its nature is susceptible; original, as opposed to secondary, or derivative ; used especially of documents. Primate, an Archbishop (q.v.). Primer election, first choice, used with reference to parti- tions. Primer fine, one paid formerly on suing out the writ of praecipe. Primer seisin, the right of the crown in feudal times to receive of the heir of a tenant in capite, who died seized of a king's fee, one, or a half, year's profits of the land. Primogeniture, the right of the eldest born to succeed to the ijiheritance, to the exclusion of younger children. This rule of the feudal law has never prevailed in the United States, and, even in England, has given way to local customs to some extent. See Gavelkind, Borough- English. Principal, the leading, or most important; the original; one from whom an agent derives his authority ; one who is first responsible, and for whose fulfillment of an obligation a surety becomes bound; the chief, or actual, perpetrator of a crime, as distinguishtd from the accessory, who may assist him ; the im- portant part of an estate, as distinguished from incidents, or accessories; a sum of money loaned, as distinguished from the interest paid for its use. Principle, a first truth, or proposition so clear that it is almost universally received. Principles are recognized, but not established by courts of law. (2) That which constitutes the essence of a matter, such as a new discovery, or invention. Priority, a preference, or earlier right, used chiefly to de- note the rights of creditors and lien-holders to be paid out of the assets of an insolvent estate in the order of securing their liens. Prisoner, one held in confinement against his will, usually to answer for some crime with which he is charged, or as a punishment for crime of which he has been convicted. When unlawfully confined he may secure his release by writ of habeas corpus (q-v.). Private, affecting, or belonging to, individuals, as distinct PRI 217 PRI from the public generally; e.g., private acts, private nuisances, etc ' Prtvateer, a vessel owned by one, or more, private individ- uals, armed and equipped at his, or their, expense, for the pur- pose of carrying" on maritime war under the authority of one of the belligerents. Privateering was abolished among Euro- pean nations by the Declaration of Paris, 1856. Privies, persons who have an interest in a thing because of their peculiar relations to another. Thus, an heir is privy in blood to the ancestor; an executor, or administrator, privy in representation to the deceased; the lessee privy in estate to the lessor; a person having ah interest derived from a contract to which he is not a party, is privy to one of the parties, etc. Privilege, an exceptional ris^ht, or exemption. It i^ either (a) personal, attached to a person, or office; or (6) attached to a thing, sometimes called real. The exemption of embassadors and members of congress from arrest while going to, returning from, or attending to the discharge of their public duties, is an example of the first. (2) Privileged communications, or state- ments, e.g., between counsel and client, are (a) those which a witness can not be compelled to disclose; (b) those which can not be made the ground of an action for defamation, or libel. (3) Privileged debts are those which an executor may pay in preference to all others, such as funeral expenses and servants' wages. Privilege, writ of, a process to enforce a priv- ilege. Privilegium, a law relating to, or directed against, a private person. (2) A privilege. (3) Property propter privt- legium, a privilege of hunting and lBO on the original writ and intended to compel the appearance of the defendant; [b) mesne, when issued pending suit to secure the attendance of jurors, witnesses, etc.; and (c) Jinal, when issued to enforce execution of a judgment. (2) In patent law, the art, or method, by which any particular result is produced, as the smelting of ores, the vulcanizing of india rubber, etc. Prochein, next. Prochein ami, next friend (g.v.). Proclamation, a public announcement made by authority of a chief executive, as the President, governor of a state, or mayor of a city. (2) The declaratRn of the cryer, made by authority of the court, of what is about to be done. Proctor, a manager of another person's affairs. In the ecclesiastical and admiralty courts the proctors discharged duties similar to those of a solicitor; they no longer exist as a distinct body. Procuration, agency; the act by which one person author- izes and procures another to act in his place ; a letter of at- torney. (2) Money which parish priests pay yearly to the bishop, or archdeacon, raiione visitaiionis. (3) A fee, or com- mission, taken by scriveners on effecting a loan. Procurator, a proctor (g.v.); one who acts for another by virtue of a procuration. Procurator Fiscal, the public prosecutor in Scotland, who also takes the place of the coroner. Producent (Eccl.), the person calling a witness. Profert, I., {he produces). A duolaration on the record that a party allei^ing a deed in his pleadings produces it in couft. In ancient times it was actually produced when the pleading was orally delivered, or filed; but in modern 'prjictiee the formal declaration is treated as giving the court constructive possession of the instrument. Professional privilege, that of a barrister, or solicitor, in communicating witn clients. See Privilege. ProflFer, to offer, present, or propose. Profit, gain; income of money, or land, in which latter sense it is generally used in the plural. Profits are said to lie in premier when they consist of a right in the lord to take something, and to lie in render when the tenant is bound to offer to pay them, as in the case of rent. By gross profits is frequently meant the difference between the price at which goods are sold and that paid on their purchase. By net profits is understood the real profit, or gain, ascertained by deducting from gross profits all expenses of handling, storing, selling, and delivery. Prohibition, Writ of, which was formerly called Inhibi- tion, issues out of a superior court to prevent an inferior court PRO 220 PRO from taking cognizance of, or determining any matter out of, its jurisdiction. Prolicide, the destruction of human offspring; it includes foeticide and infanticide. Prolixity, a long and unnecessary statement of facts in a pleading or affidavit. Promise, an engagement by a promisor to a promisee for the performance, or non-performance, of a particular thing. See Consideration Promissory note, or note of hand, an unconditional promise in writing, made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed, or deter- minable future time, a sum certain in money to, or to the order of, such other, or to bearer Promoter, a common informer (obsolete). (2) The prose- cutor of an ecclesiastical suit. (3) One who forms a company ; he is usually the owner of a property, patent, etc., which he wishes the company to buy from him ; he is in a fiduciary posi- tion toward the company when-formed. Proof, the establistiing of the truth of an allegation by evidence (.q.v.). (2) The evidence itself. The person alleging the affirmative generally has the necessity thrown on him of proving it; this is called the onus probandi, or burden of proof. To shift the onus is to adduce sufficient evidence to raise a pre- ' sumption in one's favor, until rebutted by the opponent. (3) The affidavits made to support any claim, or statement of facts, which is doubted, or disputed, or of which a person acting in a representative capacity requires evidence under oath. Proper, that which is one's own. (2) Genuine; suitable; correct. Property, the right of ownership ; this may be (a) general, or absolute; or (6) special, or qualified, as in the case of animals ferae nuturae {q.v.), or of a bailee for a special purpose. (2) The thing owned. In this sense it is [a) real or (6) personal. See those titles. Propinquity, relationship; near kindred. Proposal, a formal offer to do something. Propositus (Ihe person proposed), the person from whom a descent is to be traced. See Praepositus. Propria persona, see In Propria Persona. Proprietary, or Proprietor, one who has property in a thing; an owner. Proprietary chapel, one belonging to a private person. Proprietate protaandi, I., a writ to a sheriff to try by In- quest to whom certain property belonged previous to distress. Proprio vigore, I., by its own force. PRO 221 P B O Propter, i., for; on account of. Propter affectum, on account of some bias, or affection. Propter defectum, on account of some defect, or incapacity. Propter delictum, on account of crime. All of these terms are used to denote grounds for challenging ajury, or jurors. Prorogation, a putting off to another time, or postpone- ment. The prorogation of Parliament never extends over 80 days, but it may be renewed from time to time by proclamation. Prosecutor, one who brings an action against another in the name of the government. A public prosecutor is an officer appointed, or elected, to conduct all prosecutions in behalf of the government. A private prosecutor is One who, not holding office, prefers an accusation against another. Prospectus, a document issued with a view to the forma- tion of a company, setting forth the objects of the proposed un- dertaking, and inviting persons to subscribe for shares. Prostitute, a woman who indiscriminately consorts with men for hire. Prostitution is generally regarded as a crime, and made punishable by law, and the Iseeper of a house for the purpose may be indicted for maintaining a common nuisance. Protector of the settlement, the person without whose consent a tenant in tail can only cut off the entail so as to bar his own issue, not the remaindermen. He is either appointe'd by the settlor, oris the person entitled to the first estate for life, or for years; instituted by the Pines and Becoveries Act, 3 & 4 Wm. IV., c. 74. See Base Fee. Protest, a solemn declaration of opinion, generally of dis- sent. (2) An express reservation whereby a person protects himself against the effects of any admission that might be im- plied from his act. Hence appearance under protest, which is made where a party intends to object to the jurisdiction, which he should do forthwith by motion to dismiss the action on that ground. (3) Protest of a bill is a declaration written by a notary (q.v.) upon a bill of exchange that he has demanded ac- ceptance, or payment, of it and been refused, with the reasons (if any) for such refusal. It is only necessary in case of a foreign bill {g.v.). See Acceptance; Dishonor, (i) A docu- ment drawn up (or exteiided) by the master of a ship and formally attested, stating the circumstances under which damage has happened to the ship, or her cargo. Protestando, protestation, a form of pleading, abolished in 1834, whereby a person protected himself against an admis- sion, made by him in that form, being used against him in that, or another, action. Protbonotaries, first, or principal, notaries j officers in the PRO 222 PUB courts of exchequer and common pleas, who were superseded by the masters itfl837. Protocol, the original draft, or record; especially of pro- ceedings in an ecclesiastical cause. (2) (International law.) A record of preliminary negotiations. Province, the district over which the jurisdiction of an. archbishop extends. Hence Provincial Courts, the eccles- iastical courts of the two archbishops. (2) A territorial di- vision, or colony, of a country. (3) Duty; power; responsi- bility; thus it is the province of the court to judge of the law, that of the jury to decide the facts. Provisional, made, or existing, for a time, or until some- thing further is done, as provisional orders, appointments, etc. Proviso, {it being provided), a condition, or 'Stipulation; e.g., a proviso for redemption. See Mortgage; Redemption. Proxy, a person appointed by another to represent him, usually at a meeting, e.g„ of a company, or of creditors. (2) The writing by which the appointment is made. (3) An annual payment by clergy to the bishop, etc., on visitation. ^ Puberty, the age of fourteen in males and twelve In fe- males, at which they are deemed physically fit for and legally capable of contracting marriage. Public, the whole body politic; or all of the citizens of a state or community. (2) That which affects, or is open or related to, all, as distinguished from private. Publication, a making public. (2) Of a libel, bringing it to the knowledge, or notice, of a third person. (3) Of a will; Its acknowledgment by the testator, in the presence of witnesses, as his last will. Publiei juris, l., (of public right), a thing is said so to be when it is common property. Puffer, (So., white bonnet), one who attends an auction by arrangement with the vendor for the purpose of bidding, and thereby raising the price. The employment of a puffer is a fraud upon the purchaser and renders the sale invalid at his option. Puis darrein continuance, fr., a plea introducing mat- ter which has arisen or come, to the knowledge of the pleader, since the last adjournment, or after defendant had delivered his plea. Puisne, {L.fr.), [later born). See Mulier. (2) Later in date, e.g., an incumljranoe. (3) Lower in rank, «.<)■., justices of the Queen's Bench Division other than the Lord Chief Justice. Pur, {L. fr.), by; for; during. Pur, or per, autre vie. See Autre vie. PUR 223 QUA Purchaser, one who acquires by buying. (2) One who auquires land otherwise than by descent. Purge, to clpar one's self of a criminal charge. (2) See Contempt. Purlieu, land formerly added to an ancient forest by un- lawful encroachment, and disafforested by the Charta da Foresta. Purparty, a share. To make purparty is to divide and sever lands held in common by parceners. Purpresture. See Pourpresture. Purview, the body of a statute as distinguished from the preamble ; the general scope, or object, of a statute. Putative, supposed ; reputed. Q. Qua, in the character of; in virtue of being. Quacumque via (data), l-, whichever way it is taken. Quadrennium utile, l-, (So.), the term of four years allowed to a minor after attainmg majority, during which he may bring an action to -'reduce," or avoid, any deed granted to his prejudice during minority. Quae est eadem, '., (which is the same}, a form of plea in actions of trespass and the like, traversing the time and place named in the declaration. Quaere, l., inquire; meaning that the question, or proposi- tion, to which the word is appended is a doubtful one. Quaestus (Rom.), that estate which a man has by acquisi- tion, or purchase, in contradistinction to haereditas, which he has by descent. Quakers, members of a religious society, more correctly denominated Friends. Their principles forbade them to bear arms, or to make oath. Affirmations were allowed in lieu of oaths chiefly on their account. Qualiflcation, that which makes a man fit, or eligible, for an office or position, or to exercise a franchise, such as voting. (2) A limitation; diminution. Qualified, limited. See Base fee ; Property. Qualified indorsement, one sans recours, i.e., giving no right to resort to the indorser for payment. Quality, the nature of an estate (y.u.), as regards the time of its commencement, or the certainty of its duration. (2) The state or condition of persons, or goods. Quamdiu se bene gesseret, i., as long as he shall con- duct himself properly; i.e., during good behavior. QUA 224 QUA Quando acciderint, I., a judgment against an executor, or administrator, to be levied when assets come into his hands. Quantity, that which is ascertained by weighing or meas- uring. (2) The duration of an estate (q.v.), or degree of an interest. Quantum, I., how much; as much as. Quantum danmi- ficatus, an issue formerly sent out of chancery to be tried at common law, how much the plaintiff was damaged. Quantum meruit {as much as he has earned), a form of action brought by one party to a contract again'sl the other, not founded on the contract itself, but on an implied promise to pay for so much as the party suing has done. It one party refuses to perform his part, the other may rescind and sue on a quantum meruit. Quantum .valebant (as m,ueh as they were worth). Where goods have been supplied and no price mentioned (as by an innlseeper to a guest), or where they are not supplied as ordered, and are yet not returned, the person supplying them is said to sue on a quantum, valebant. Quarantine, in England, the period of forty days during which a widow is entitled to remain in her husband's dwelling house after his death. (2) Forty perches of land. (3) The period during which persons coming from a ship, or country, where an infectious disease is known to prevail, are isolated, or not allowed to land. Quare, l,, wherefore; why. Quare elausum fregit.'see Trespass,' Quare ejeeit infra terminum {why ejected within the term), a, writ against one who ejected another during the currency of a term created by the former. Quare im- pedit (why he obstructs), an action which lies to recover a right of presentation to which another has asserted a claim, or to oblige a bishop to admit the person presented, or to estab- lish title to an advowson. Quare obstruxit {why he ob- stracted), a writ which lay for one obstructed in his right to pass over defendant's land. Quarter-days, Lady-day, March 25th; Midsummer-day, June 24th;. , Michaelmas-day, September 29th; and Christmas- day, December 25th. Quarter-sessions, General, in England, a court of record held once every quarter by two, or more, justices of the peace, for the finding of- indictments by the grand jury, tha trial of such minor offenses as the court has jurisdiction over, and the hearing of appeals from petty and special sessions in such matters as rating and licensing. Quash, to annul or discharge, e.g., an indictment, a con- viction, or order. Quasi, I; as if; almost. Quasi contract, one which QUE 225 QUI arises without express agreement between the parties; an im. plied contract. Quasi-delict, offense, or tort, the wrong for which a person is responsible, though it is not committed by himself; e.g., a master is liable for any thing done by a servant in the course of his employment. Quasi-deposit, a species of bailment resulting from the finding or accidental possession of another's property. Quasi-entail, is where an estate pur autre vie is limited to a man and the heirs of his body. Quasi-personalty, things which are person- alty in the eye of the law, though appertaining to things real ; e.g., emblements, fixtures, or chattels-real. Quasi- possession, enjoyment of a right, as opposed to possession of a thing. Quasi-realty, things which in contemplation of law, appertain to, and pass as, realty, though in themselves they are personalty; e.g., heir-looms and title deeds, etc. Quasi-trustee, a person who reaps a benefit from a breach of trust, and so becomes answerable to the cestui que trust. Que estate, l., {whose estate), a term employed by a person claiming a right by prescription because enjoyed by those whose estate he holds. Queen's counsel, barristers who, on account of superior standing, or ability, are appointed counsel to the crown and called within the bar. They take precedence of the junior bar. A queen's counsel may only be employed against the crown (e.g., in defending » prisoner) by special license, but this is not refused unless the crown desires to retain him. Querela, l., complaint; an action. See Audita querela; J)uplex querela. Querens, or querent, a plaintiff; complainant. Question, an interrogatory. (2) An issue to be decided by a court of law. It may be (a) of law, or (6) of fact. Qui tarn, l., {who as well), a "popular" action on a penal statute, which is partly at the suit of the queen, or state, and partly at that of an informer. See Common Informer. Quia, l, {because). Quia emptores {because purchasers), the Statute 18 Edw. I. c. 1, also called of Westminster the Third, which began with those words. It was passed to pre- vent subinfeudation, by enacting that upon any future aliena- tion of land the feoffee should hold the same direct of the chief lord and not of his feoffor. In the opinion of some, it first. created the right of alienation as against the lord of the fee. See Manor. Quia timet {because he fears), a bill which was filed to protect property from apprehended future injury. Quid pro quo, i., {something for something),' a, coBsii0ra.tion. Quiet enjoyment, the name of a covenant in a lease by Q U I 226 QUO which the lessor warrants that the lessee shall not be disturbed in his possession. It does not amount to a warranty of title. Quietus, freed, or acquitted. The word used in the ex- chequer to sigaify the discharge given to an accountant to the crown; e-pf., a sheriff. Quint-exact, or Quinto exactus, a person called or summoned to appear for the fifth and last tvme before he was declared an outlaw. Quit-claim, to release a claim, or right of action. jQuit-rent (quietus reditus), or fee farm rent, one payable by a tenant to the lord of the manor, and so called ..because it was originally a payment in lieu of services. Quittance, an acquittance, or release. Quo animo, I,, (with what mind), the intent. Quo jure, a writ which lay to force a claimant to right of common to show his title. Quo minus, a writ (abolished, 1832) whereby the Court of Exchequer obtained jurisdiction in personal ac- tions; the plaintiff alleging that in consequence of the injury done him by the defendant, he was less able to pay a debt due by him to the crown. This could only be true of an accountant to the crown; but by a fiction the allegation was allowed in all personal actions in that court. Quo warranto (by what au- thority), a writ, or proceeding, by which the government in- quires into the right of a person, or corporation, to hold an office, or exercise a franchise, which was never lawfully held, or which has been forfeited by neglect or abuse. Quoad, as far as. Quoad hoc, as to this. Quoad ultra, as to the rest. Quod, I., that. Quod computet, an interlocutory judg- ment, or decree, that the defendant aqcount. Quod ei de- ft>rceat, a writ (abolished, 1833) for him who had lost posses- sion by default of appearance in a possessory action. Quod permittat, a writ (abolished, 1833) against a person who .built a house on his own ground so as to be a nuisance. Quod recuperet [that he do recover the debt, or damages), a final judgment for a plaintiff in a personal action. ■ Quorum, the minimum number, e.g., of directors or legis- lators, necessary to be present in order to constitute a formal .meeting capable of transacting business. Quot, one twentieth part of the movable estate of a per- son dying in Scotland, anciently due to the bishop of the di- ocese. , Quousque, l., (until), temporary. iTsed as a word of limi- tation in old conveyances, and in the old writ of capias ad satis- faciendum. B A C 227 B. E B R. Back-reiit| rent calculated on the footing that no fine, or premium, shall be taken; hence, one which is very high, repre- senting nearly the full annual value of tbe property. Rape, a division of a county. (2) The act of having carnal knowledge of a woman by force and against her will. Basure, see Erasure. Bate, a public valuation or assessment of a man's estate for purposes of taxation. (2) Rate of exchange, the price at which a bill drawn in one country upon a person resident in another maybe sold* in the latter. Batification, the act of adopting, or confirming, a thing done, or contract made, by another, without authority, or by the person himself, at a time when he was legally incompetent. See Infant. Batio decidendi, I., the reason for the decision, in a cause, or matter. Bationabili parte, L, an old writ of right for lands, etc; Bationes, the pleadings in a suit. Bavished, the technical term used in an indictment for rape. BaTishment, the taking away of a wife from her husband, or a ward from his guardian. Beal, appertaining to land, as opposed to personal. See Chattels. Beal action, one brought for the specific recovery of lands, tenements, and hereditaments. Beal contract, a contract respecting real property. Beal covenant, a covenant, or obligation, in a conveyance of real estate, by which the grantor binds himself and his heirs to do, or to refrain from doing, something with reference to the estate con- veyed. Beal estate, Beal property, or Bealty, landed property, including all estates and interests in lands which are held for life (not for years, however many), or for some greater estate, and whether such lands be of freehold, or copyhold, tenure. Beal right (Sc), a right of property in a thing (jjts in re), entitling the owner to an action for possession, as opposed to a right against a person, or personal right. Beal things, things substantial, and immovable, and the rights and profits annexed to, or issuing out of, them. Real warran- dice (Sc), an in feoffment of one tenant given in security of another. Be-attachment, a second attachment of one who has been already attached and dismissed. Bebate, discount; deduction from a payment, in considera- tion of its being made before it falls due. B E B 228 B E C Rebut, to disprove; anawer. See Presumption. (2) To repel, or bar, a claim. Rebutter, the answer of a defendant to a plaintiff's sur- rejoinder. See Pleadings. Rebutting evidence, that which is given by one party in a cause, to explain, or disprove, evidence produced by the other party Recaption, or reprisal, a remedy open to one who has been deprivedof his goods, wife, child, or servant, by another; he may re-take them provided he do &o without a breach of the peace, and not in a riotous manner. Recapture, the recovery by force of property captured by the enemy. See Postliminium. Receipt, an acknowledgment in writing of having received a sum of money, or other article. While it is presumptive evi- dence that the person sisrning it has received the money, or articles described therein, it is not conclusive; and the party may show, if such was the fact, that it was obtained by fraud, or through, mistake. Receiver, a person appointed, usually by an order of court, to receive the rent^ and profits of property, where it ia desira- ble that these should come into the hands of a responsible and impartial person; e.g., in actions for dissolution of partnership, in foreclosure of railroad mortgages, etc. He is, when ap- pointed by the court, its officer, and is required, as a rule, to give security, for the due performance of his duties, and is responsible for good faith and reasonable diligence. Receiver of stolen goods, one who receives any goods knowing them to have been feloniously stolen, extorted, etc. Recession, a re-prant. Reciprocal contract, one by which the parties enter into mutual engagements, such as partnership, sale, etc. Reciprocity, mutuality (q.v.) ; a term specially applied to treaty dealings between states. Recital, the rehearsal, or making mention, in an instrument of something which fias been done before. Recitals lead up to and explain the operative part, and are either introduatory or narrative. Recitals in a deed are binding upon the party making them, and his privies. Reclainxj to demand again ; to claim anew, or repossess something which has been temporarily yielded to another. (2) To put waste or wild lands, or lands injured by incursions of rivers or the sea, in a cultivated and fruitful condition. Reclaimed animals, those that are made tame by art, industry, or education, whereby a qualified property may be ' acquired in them. See Animals. EEC 229 R E C Becognisance, an obligation, or acknowledgment, of a debt enrolled in a court of law, with a condition to be void on the performance of a thing stipulated ; e.g., to appear before the proper court to answer charges, to keep the peace, or to pay the debt, interest and costs that the plaintiff may recover. Recognition, an acknowledgment, express or implied, that an act done for one by another was done by authority of the former. Recognitors, the jury. impaneled in an assize of novel disseisin, etc. Reconventio (Rom.), a counter-claim or cross action. Reconversion, is the return, in contemplation of law, of properly, which has been constructively converted, to its orig- inal condition. See Conversion. Reconveyance, takes place where a mortgagee, on being paid off, conveys the mortgaged property back to the mort- gagor. Record, a written memorial, enrolled as an authentic testi- mony of the acts of the legislature, or of a court. (2) The copy of a deed, or other instrument relating to real estate made and preserved in a public office for the information of others deal- ing with reference to such real estate. Record, courts of, those in which a full and final record is made of all judicial acts and proceedings in suits brought in them. Record, debts of, those which appear to be due by the evidence of a court of record; such as judgments. Record, trial by. If & record be asserted on one side to exist, and the opposite party deny Its existence, this is an issue of nul . Return-day, the day named In the writ, or fixed by law, ^en the officer must report his action thereunder. Reus, I., (Rom.), a pai-ty to a suit. Reverse, to set aside a judgment, on appeal or proceedings in error. ft E V 238 B, I S , Beversion, that portion left of an estate after a grant of a particular portion of it has been made to another person by Uie owner or reversioner ; e.g., on the creation of a term of years out of a fee there is a right of reverter in the grantor, so that the fee returns to him on the determination of the term. Reversionary interest, that which is to be enjoyed at a futui'B time, after the determination of an intermediate estate. Reversionary lease, one to take effect in futuro. (2) A second lease to commence after the expiration of a forjmer lease. Reverter. See Reversion. Review, a second examination of a matter, or hearing of a suit. See Bill of review. Revive, to resuscitate a right of action, e.g., for a debt barred by the statute of limitations, by acknowledging it; or for a matrimonial offense once condoned, by committing an- other. (2) To restore to its original force a judgment, which has become dormant owing to lapse of time, change of par- ties, etc. Revocation, the recalling, or withdrawing, of a grant, e.g., of a gilt by will, an agency, etc. See Power of attorney. ■ (2) The making void of a deed, will, or othei' instrument. A, will may be revoked (a) by another will; (h) by burning or' other act done with the intention of revoking, (c) by the disposition of the property during the testator's lifetime; [d) by marriage. Rien,/r., nothing. Rien en arrere, a plea that there is nothing lemaining due in an action for rent, or an action of replevin to recover goods distrained. Rien passe per le fait, nothing passed by the deed; a plea used, where the exe- cution of a deed can not be denied, to test its validity. Right, a well founded claim; the cori-elative of obligation. It may be (a) personal, or public; (J) primary, or secondary; (c) in remoT in personam; [d) absolnte as that of an owner, or qualified as that of an aijent, or bailee. See Jus. Right of Action, a claim which one may enforce by suit. It was for- merly opposed to a right of entry, which may be either orig- inal, or reserved by deed, e.g., by a lease, for breach of covenant. Right to begin. The person on whom lies the affirmative of the issue has in general the right to begin, i.e., to be the first to address the court. Riot, a tumultuous disturbance of the peace by three, or more, persons assembled of their own authority. Riparian owner, one who has rights to, or connected with, the banks of a river. Risk, the danger insured against ; in a life policy, death ; is, 6 b 289 S A £i in a fire policy, fire; in a marine policy, perils of the sea. See Insurance. Robbery, is tlieft from the person accompanied by vio- lence, or threats, putting in fear. Roe, Richard, the fictitious defendant in ejectment (q.v.) Rolling stock, the engines and cars of a railway company employed in the transportation of passengers and goods. Rolls, a record entered on a long strip of parchment which can be rolled up; hence, any records of a court, or office. Rolls Court. See Master of the rolls. Root, in a figurative sense, used to signify the person from whom one or more others are descended. See Purchaser ; Title. Roup (So.), auction. Rout, is a lesser form of a riot (?.».). Royal fish, whale and sturgeon ; so called because they be- long to the king of England when washed ashore, or caught near the coast. Royalty, payment to a patentee, author, composer, etc., for the right to make, sell, or use patented articles, books, plays, music, etc. (2) Payment to thex>wner of mines, etc., varying acoording to the amount actually gotten. Rule, an order made by a court, or other competent au- thority. (2) A general principle well recognized and estab- lished. Rules of court, may be either general, regulating practice in the court, or special, applying to a particular indi- vidual or case, of which it has jurisdiction. An award of arbitrators is said to be made a JRule of court when, in pursu- ance of statutes passed for that purpose, steps are taken to give it the force and effect of adjudgment. Run, to pass by; /tojake effect. The statute of limitations is said to run against a claim when the time has passed by within which it cfin be enforced by an action at law. Run with the land*see Covenant. S. Sacrilege, breaking into, or out of, a church, accompanied by the commission of a felony therein. Said, a term used to designate with certainty the person before mentioned in a deed, contract, or pleading. Sale, a transfer of the absolute, or general, property in a thing for a price in money. See Bargain; Bill of sale. Sale note, see Botlght and sold notes. Salic, or Salique law, an ancient law of the kingdom of Prance, in virtue of which males only can reign. SAL 240 SCI Salvage, compensation made to those (called salvors) by • whose skill and exertions' ships, or goods, are saved from immi- nent peril. Salvage loss, in marine insurance, the loss sus- tained by the necessary sale of goods at a port short of the port of destination, in consequence of perils by the sea. It is treated as total, and the amount realized from the sale of the goods is credited on the amount payable under the policy. Sample, a small quantity of any substance, or merchan- dise, exhibited as a fair specimen of the whole. When a sale is made by sample, the bulk must corresjfoiid substantially w4th the sample, or the buyer may refuse to accept it, or, in some states and under certain circumstances, may accept and use it and recover damages for the inferiority of the article furnished. Sanction, of a law, is the power of enforcing it, or inflict- ing a penalty for its violation. (2) Consent.- Sans,/>'., without. Sans nombre, without number; used with reference to a right to pasture animals on a common when the number is not- definitely fixed. Sans recours, without recourse. See Indorsement. Satisfaction, compensation for an -injury. (2) Payment of money owing. Entry of satisfaction is made when a judg- ment has been satisfied by payment or execution, or the money has been paid for. which a mortgage was given as security. The latter is usually made on the margin of the record of the mortgage. Scandal, a libelous statement or action. (2) In. pleading, matter which is indecent, charges which are irrelevant, and the like. All such, the court has power ^o strike out. Scandalum magnatum, I., words spoken in derogation of a peer, or judge, or other great officer of the realm. They formerly .constituted a special offense. , Scienter {knowingly.; willfully), an allegation in the plead- ing that the defendant, etc., did the thing in question willfully. Scilicet, you may understand; to wit; that is~ to say. A word introducing an explanatory sentence in a pleading, or something which needs to be supplied in order to a full under- standing of a phrase. Scintilla juris et tituli, l-, {a spark, or fragment, of law and title), a legal fiction formerly resorted to for the purpose of enabling feoffees to uses, to support contingent and shifting uses when they come into existence. Scire facias [cause to know), a judicial writ, founded upon some record, and requiring the person against whom it is brought to show cause why the party bringing it should hot have advantage of such record, or why the record should not SCR 241 S E be annulled and vacated. It is deemed an action, and the de- fendant can plead to it; but in some cases it is an original writ, in others it is rather a writ of execution. See Patent. Scire feci, the sheriflfs return on a scire facias, that he has given notice to the party against whom it was issued. Scrip certificate, or scrip, is an acknowledgment by a company that the holder of the scrip is entitled to a specified number of shares, etc., therein. Script, the original or principal document; as distinguished from a duplicate fjr copy. Scrivener, one who draws contracts, or places money out at interest, for his clients, receiving a commission. Scroll, a mark made with a pen, intended to take the place of a seal. Scutage, escuage [q.v.) Seal, an impression upon wax, paper, or other substance capable of being impressed in order to authenticate the docu- ment to which it is attached. (2) The metal die, or other instrument, with which the impression is made. See Scroll. Search, an examination of a man's house, premises, or per- son, for the purpose of discovering proof of his guilt in relation to some crime, or misdemeanor, of which be is accused. It can properly be made only by an officer duly authorized by a search-warrant issued by a justice, or other competent authority, specifying the, place where search is to be made, and in as particular terms as the case will admit of the things to be looked tor. Search, Bight of, is that which men-of-war have in time of war, in order to ascertain whether the ship searched, or her cargo, is liable to seizure. See Contraband. Seaworthiness, the sufficiency of a vessel in materials, construction, equipment, officers, men and outfit, for thie voyage, or service, in which it is employed. It is an implied condition of all policies of marine insurance, unless otherwise expressly stipulated, that the vessel shall be seaworthy. Seek, see Rent. Second deliverance^ a second writ which was allowed to a plaintiff in replevin {y.».) who was non-suited; practically obsolete. See Non-suii. Secret trust, a gift by a testator upon a trust not commit- ted to writing. Secta, {followers) the witnesses of a plaintiff whom he pro- duced in court immediately on making his declaration ander the ancient form of proceeding. Hence the word suit, applied to an action. Section, a division of an act, or book, less than a chapter, and greater than a clause. (2) A sub-division of a township SEC 242 S £ (% (j.e.) under United States survey, one mile square, and contain- ing six hundred and forty acres. Security, that which renders certain the performance of a contract, as the personal obligation of another, or the pledge, or mortgage of property belonging to the obligor. (2) A surety, or guarantor. SeCU3, I., (otherwise), to the contrary effect. Sedition, the raising of commotions and disturbances in the state, and stirring up ill-will against the lawful authorities. Seductiou, the offense of a man in inducing a woman to have unlawful sexual intercourse with him. Seignory, the relation of a feudal lord to his tenants. (2) A manor (g.v.), or lordship. Seisin, feudal possession, as distinct from mere possession, or occupation. A person was " seized in deed" when actual possession was taken ; " seized in law," e.g., by descent, before taking possession. The doctrine of seisin is no longer of im- portance. Seizure, the act of taking possession of property for a viola- tion of a public law, or by virtue of an execution. Self-defense, the protection of one's person and property from injury. A man may defend himself when attacked, repel force by force, and even commit homicide in resisting an at- tempted felony, such as murder, rape, robbery, burglary, and the like. Semble, fr-, [it seems), used in reports to show that a point ■ is not decided directly, but may be inferred. Semper paratus, i., a plea that the defendant has been always ready to perform what is demanded of him. Senate, the name of the less nunierous of the two bodies constituting the Congress of the United States, or the legis- lature of one of the slates. A member of this body is called a senator. Senatus consultum, L, a decision of the Boman Senate, which had the force of law. Senility, extreme age, or its effects on the mind. Sentence, judgment in an ecclesiastical, or criminal, pro- ceeding. Separate estate, is property belonging to a married wo- man for her separate use, independently of her husband and his debts. Separation, the living apart of husband and wife, in pur- suance of a mutual agreement. The agreement is set aside by subsequent cohabitation. An agreement for future separation is invalid. See Judicial. Sequestration, a prerogative process in the nature of a S E B 243 SET continuing execution, addressed to certain commissioners, em- powering them to take the rents and personal estate of a per- son in contempt for disobedience of a decree, or order, and to keep the same until the defendant clear his contempt. Sergeants-at-arms, officers appointed by legislative bodies to carry out their orders. Sergeauts-at-law, or of the coif, barristers of superior degree, in England, who formerly (till 1846) enjoyed a monopoly of audience in the Court of Common Pleas. Sergeanty, service due the crown for lands held of it. See Grand; JHetiy. Seriatim, l-, severally and in order. Service, the duty which a tenant owes his lord by reason of his estate. Free service was opposed to base, or villien, service, the former consisting {e.g.) in payment of rent, the latter (e.g.) in plowing the lord's land. With the exception of rents, few services now remain except in manors (g.v.), and in respect of copyhold land. See Feyd. (2) The relationship of servant to master. (3) The formal mode of bringing a judicial proceed- ing to the notice of the persim affected by it. Servient tenement. See Easement. Sessions, sittings of courts, legislative bodies, etc., for the transaction of business. See County; Petty; Special; Quarter. Set. A drawer frequently gives to the payee several parts, called a set, of the same bill (?•».) of exchange, any one of ■which being paid, the others are void. This is to obviate pos- sible inconveniences from loss, or miscarriage. Set-ofi*, a cross or counter-claim. A counter-claim had originally to be made by cross-action, in which the defendant in the first action was plaintiff; but by 2 Geo. II. c. 22, which has been generally adopted in the United States, it was al- lowed to raise a set-off as a defense in certain cases of mutual debts, which did not include a claim founded in damages, or in the nature of a penalty. Settled land, land limited by.way of succession to a person other than the one for the time being entitled to the beneficial enjoyment thereof, who is called a limited (q-v.) owner. Settlement, a deed, will, or other instrument whereby land is settled (see Settled latfd). The principal kinds of settlements are (a) marriage, or 4nte-nuptial, (6) post-nuptial, and (c) family settlements, also called re-settlements, (a) is founded on the consideration {q.v.) of the marriage, and is binding on the settlor; but (i) is voluntary, and may be avoided by the settlor by selling, or mortgaging, the settled property. (2) A "mutual accounting, by which the parties come to an agreement as to what is due from one to the other; payment in full. (3) S E V 244 S I G Besidence in a place under such circumstances as to entitle one to public support, or relief in case of becoming a pauper. See Act of Settlement. Sever, to divide. A joint tenancy is severed when one joint tenant conveys his share to a stranger. (2) To remove growing crops, fixtures, etc. (3) Defendants are said to sever in their defenses when they plead independently. Several, distinct; separate; as opposed to joint (y.u.). Thus, a several covenant is one by two or more separately, each binding himself for the whole. Severalty. Persons are said to hold lands, or tenements, in severalty who are sole owners of ascertained shares therein. Share, a portion of any thing; in a company, a certain portion of the capital, entitling the shareholder to a proportion- ate part of the surplus profits, othervsrise called a dividend. A fully paid share is one on which the whole nominal amount has been "called up" or paid. Shelley's case, Rule in. When a person takes an estate of freehold by any gift, or conveyance, and in the same instru- ment an estate is limited, either mediately, or immediately, to his heirs, or the heirs of his body, the word heirs is treated as a word of limitation and not of purchase, so that he takes a fee- simple, or an estate tail, as the case may be. In many states the rule in Shelley's case has been abrogated by statute. Sheriff, (shire-reeve), the chief executive ofBcer of a county. It is his duty to keep the peace, make arrests, execute the pro- cesses of the courts, and perform such other duties as may be prescribed by law. Formerly he had a judicial authority in the Sheriff's tourn (or court), and the county court, and this still survives in Scotland. Shifting Tise. See Use. Ship's husband, » person appointed by the owners of a ship to manage on shore all matters connected with the em- ployment thereof, such as repairs and afi'reightment. He is the general agent of the owners m relation to the-ship, and usually, though not necessarily, a part owner. Ship's papers, docu- ments required to prove the ownership of a ship and her cargo. Thi^y include her certificate of registry, charter party, passport, and bill of health. Shire, a geographical division of the country, like our county. Shire-gemot,, the Saxon county court. Shire-reeve, a sheriff. Sign-manual, the signature of the sovereign ; any one's name written by himself. Signature, the name, or mark, (see Marlcsfnum) of a person subscribed (or printed) by himself, or by his direction. SIM 246 SOL Similiter, l-, {in like manner), a term used to designate the joinder of issue, by the parties to a suit. Simony, (Bocl. law), tlie offense of buying, or selling, holy orders, or an ecclesiastical benefice. Simple, plain; unconditional; not under seal, nor of record; not combined with any thing else. See Contract; Debt; Lar- ceny. Simple trust, a vesting of property in one person for the use of another, the nature of the trust not being further de- clared by the settlor. Sine, ^> without. Sine die, without day, i.e., indefinitely. Sine prole, without issue. Sinecure, a rectory without care of souls. (2) An office which has revenue without any employment. .Sister, a woman who has the same father and mother with another, or has one of them only. In the latter case, she is called a half-sister. Skilled witnesses, witnesses who are allowed to give evidence on matters of opinion and abstract fact. See Expert. Slander, the malicious defamation of a person in his repu- tation, profession, or business, by words. To impute a criminal offense, or misconduct in business, is a slander actionable with- out proof of special damage; but in any case proof of special damage arising from the false and malicious statements of another is a sufficient ground of action. Slander of title is only actionable on such proof being given. See Malice; Libel. Smart-money, damages awarded beyond the actual dam- age, in cases of gross misconduct on the part of the defendant, by way of punishment and example. Smuggling, the offense of importing, or exporting, pro- hibited articles, or of defrauding the revenue by importing, or exporting, goods without paying duly on them. Soc, jurisdiction. (2) Privilege. (3) A shire or territory. Socage, tenure by any certain, or determinate, service. It was (a) free, or (6) villein socage, according as the service (q.v.) was free or base. All forms of socage, except common socage, which is the modern freehold tenure, were abolished by 12 Car. II. c. 24. A tenant in socage was called a soc-man or socager. Sodomy, carnal copulation between human beings, or be- tween man and an animal, contrary to nature. Solatium (Sc), extra damages allowed in certain aotions in addition to the actual loss suffered, as consolation for wounded feelings. Sole, single. See Feme; Corporation. Solicitor, a person employed to conduct legal proceedings, or to advise on legal questions. Solicitor-general, a law officer of the crown, in England, ranking next to the attornejr- SOL 246 S P E general (y.o.) He is usually a member of the House of Com- mons. Solvit ad diem, l-, was a plea in an action of debt, that the money was paid at the day appointed. Sou assault demesne, JV., {his own assault), the plea of self-defense in an action of assault. Sound in damages. An action is said to, when it is brought for the recovery of unascertained damages . Sovereign, The, is the person in whom the supreme ex- ecutive powei' of the state is vested. Speaking demurrer, one which alleges new matter in addition to that contained in the pleading demurred to. Special, that which relates to a particular act, thing, or person; opposed to general. Special agent, one whose authority is confined to a particular or individual instance. Special constable, one appointed for, a particular occasion. Special damages, those awarded for any peculiar injury sustained by the party complaining, beyond the general dam- ages presumed by law. Special demurrer, one which points out with particularity the objection to the sufficiency of the pleading demurred to. Special deposit, the -placing of a particular thing in the custody of another, which is to be re- turned in specie. Special examiner, one appointed by the parties with leave of^the court. Special issue, one which denies some particular material allegation, and thus, in effect, denies the right of action, though not traversing the whole declaration. Special' partner, one whose liability is limited to the amount contributed by him to the business of the firm, and who has not the powers of a general partner. Special pleaders, in England, members of an inn of court, usually not called to the bar, who devote themselves mainly Ao tiio drawing .of pleadings, and to attending at judges' chambers. Special pleading, the science of pleading. (2) The allega- tion of new matter to avoid the effect of the previous allega- tions of the other party, as distinguished from a direct denial of them. Special property, that right in property as dis- tinguished from general ownership, which entitles one to re- t^n its possession for a particular time or purpose. Special sessions, sittings of two or more justices for the transaction of particular business con tided to them, such as issuing licenses, making appointments, etc. Special tail, where an estate- tail is limited to the children of two given parents, as to A. ■ and the heirs of his body by B. Special trust, one by the terms of which the trustee is required to do a thing particularly pointed out. Special verdict, a finding by the jury of par- ticular facts in a case, usually in answer to questions submitted, S P E 247 S T A leaving to the court the application of the law to the facts thus • found. Specialty, a writing sealed and delivered, containing some agreement, usually for the payment of money. Specific legacy, the bequest of a particular thing, or of things particularly separated or described. Specific performance, the actual carrying out of a contract in the particular manner agreed upon. Courts of equity will com- pel a specific performance of a contract, in many cases, where damages {the usual remedy at law) would not adequately compensate for its non-performance; e.g'., in .the case of con- tracts concerning land, or for the sale of a specific, or unique, chattel. Specificatio (Kom.), was a form of accessioii (?.».), by which he, who by his labor converted the material of an- other into a new product, became owner of the product; he was, however, liable to compensate the owner. Specification, a detailed description of the nature and subject-matter of his invention, or discovery, furnished by the inventor on his application for letters patent, and embodied in them when granted to him. (2) A more detailed statement of the charges preferred against an officer charged with a military offense. Sponsor (Rom.), a surety who, being a Roman citizen, bound himself by the word apondeo. His heirs were not bound. Tbejidejussor (§■.».), was of later introduction See Fidepromissor. Spoliation, the mutilation, or destruction, of a thing, as the erasure, or alteration, of a writing (2) A waste of church property by an incumbent (3) A suit in an ecclesiastical court for the fruits of a living, or to determine which of two claimants is entitled to it. Springing use, fee Use. Spuilzie (Sc), taking away movables belonging to another, without his consent or legal authority. Spunging-hoiise, a private house where a debtor was formerly confined for twenty-four hours before being impris- oned. Squatter, one who settles on the lands of others, or public lands, without any legal authority. Stakeholder, one with whom property is deposited pending the settlement of a dispute, the decision of a wager, etc., be- tween two or more others. Stale demand, one which has not been made for so long that it must be taken to be waived. Stallage, the privilege of erecting a stall within a market, (2) The payment due for the same, S T A 248 S T E • Standing by, acquiescence {y.».). Standing mute. See Mute. Stannary, a tin mine. Stannary courts, courts, of rec- ord in Devonshire and CorriVall, England, for the administra- tion of justice among the miners. Star clianiber. See Camera siellata. Stare decisis, l-, to stand hy decided cases. The name of a doctrine giving to precedents the authority of established law ; not, however, always regarded. Stated account. See Account. State's evidence. See King's evidence. Status, the condition of a person in the eye of the law. (2) By analogy, !i thinff-is said to have a status. Status quo, the existing state of things at any given date. To leave in statu quo, is to leave unaltered. Statute, a law enacted by the legislative power in a coun- try or state. It may be (a) declaratory, i.e., one which does not alter the existing law, as opposed to remedial or amending; (i) enabling, i.e., removing restrictions, as opposed to disabling. Statutes may also be either public, or private, the latter includ- ing those which have a special application to particular per- sons or places. The public general statutes are called the Statutes at Large. Statute of Frauds, of Uses, etc. See Frauds; Uses, etc. Statutory, by statute^ as opposed to the rules of equity or common law. Stay of execution, delay in issuing an execution, or sus- pension of the authority to levy one already issued, until a fu- ture time; generally allowed in cases of appeal, or proceed- ings in error, on the filing of a sufficient bond fbv the satis- faction of the judgment, or decree, if affirmed Stay of pro- ceedings, the suspension of an action, peremptorily, where a plaintiif is wholly incapacitated from suing, or ought not to be allowed to plead; or temporarily, e.g., pending appeal.or where there is an action pending elsewhere (Us alibi pendens), o deter- mine the same question, or one which should be first determined, or until the plaintifij if non-resident, shall furnish security for costs. ■ stealing. See Larceny. . Steelbow goods (Sc), corn, cattle, etc., advanced by a landlord to a tenant to enable him to stock his farm, .and to be returned in kind on the expiration of the lease. Stent (Sc), a tax, or duty. Stet processus, I., an order of the court to stay proceed- ings made, strictly, only by consent of the parties, and entered on the record. See Stay. S T E 249 STB Stevedore, a person whose business it-is to undertake the stowage and discharge of cargoes. Steward, of a manor, the lord's deputy who transacts the legal and other business of the manor, keeps the court rolls, etc. Stillicidium (Kom.), the right to have the water which falls on one's house fall on his neighbor's ground. Stint, limit. Common without stint is one unlimited as to the number of beasts that may be pastured there, or as to the time of pasturing. See Sans nombre. (2) A limited right of pasture. Stipendiary estate, one granted in return for services (y.».). Stipulation, a bargain, proviso, or condition. (2) In ad- miralty practice, a recognizance in the nature of bail for the appearancfe of a defendant. Stirps, I; the nob, stem, or stock of a tree. In law, it sig- nifies the person from whom a family is descended. See Per capita. Stock, !i family. (2) The capital of a merchant, or other person engaged in business, including his merchandise, money, and credits. The goods he keeps for sale. (3) The capital of a corporation, usually divided into equal shares of a fixed nom- inal value, the ownership of which is evidenced by certificates. Stock-broker, one who buys and sells stocks, shares, etc., as the agent for others. Stock certificate, a certificate of title to stock in a corporation. Stock exchange, an associ&tion of stock brokers and jobbers, governed by rules and regulations made by themselves. (2) The building where the business of the exchange is carried on. Stock-jobber, one who deals in stocks, shares, etc., on his own account. Stoppage in transitu. An unpaid vendor may, in case of the vendee's insolvency, stop the goods sold in transitu, i.e., before they reach their destination [terminus ad quern), or, in the case of warehoused goods, before delivery is complete, pro- vided he has not given the purchaser documents sufficient to pass the property in the goods, which documents the latter has parted with to a third person bonafide^ Stowage,' storage; money paid for housing goods. (2) The method of lading a ship. Stranding, the running of a ship on shore accidentally, or voluntarily. When accidental, or done voluntarily to avoid a worse fate, the loss is one within the teritis of an ordinary policy of marine insurance. Stranger, one who is not a party to a deed, proceeding, etc. Strictissimi juris, I., {of the most strict law), i.o., to be most strictly applied. STB 250 SUB Strike, an organized refusal of workmen to work. Struck jury, a special jury obtained usually by striking from a list of forty-eight names furnished by the court, or a proper oiBcer thereolj on the application of one of the parties, twelve names by the attorneys on each side of a case, leaving sixteen, who are then summoned to try the case. If all appear, and are not otherwise excused, or challenged for cause, the number is reduced to twelve by the exercise of two peremptory challenges on each side, when the jury is complete. Style, an appellation, title, or official name! (2) See New style. Sub, l--, under. Sub-agent, an under agent; one em- ployed by an agent to perform some, or all, of the business relating to the agency. Sub-COntract, a contract made by a contractor with a third person to perform a part, or all, of the work he has undertaken. Sub-infeudation, the act by which an inferior lord carved out an estate from that held by him of a superior, and granted it to another, who held di- rectly of him. See Qfiia emptores. Sub-lease, an under- lease (q.v.). Sub modo, under condition, or restriction. Sub potestate, under the power, or protection, of another. Sub sigillo, under seal- Sub silentio, in silence. Sub-ten- ant, one who rents from a tenant. Subject-matter, the cause; the thing in dispute. Submission, a putting under; a yielding. (2) The agree- ment by which parties agree to refer matters in dispute between them to a referee, or arbitrators, for decision. Subornation, the offense of procuring another to commit a crime, e.g., perjury. Subpoena, a writ commanding attendance in a court under a penalty.. See Cfitation; Writ of summons. . The Subpoena ad testificandum, is personally served upon a witness to compel him to attend and give evidence. (2) TThe Subpoena duce$ tecum is personally served upon a person who has in his possession any book, instrument, etc., the production of which in evidence is desired, commanding him to bring it with, him, and produce it at the trial. ■ Subreption, the obtaining a, gift from the crown by con- cealing what is true. Subrogation, substitution of one person for another, the person substituted acquiring the other's rights in respect to a debt, or claim, which he has paid. Subscribe, to write one's name under; i.e., to attest, or authenticate, a writing, deed, etc., by one's signature. (2) To agree in writing to take and pay for something, e.g., shares of SUB 251 SUM stock in an incorporated company, or to furnish a certain sum of money for a particular purpose. Subseq.ueut, following after. A eondiiion subsequent is one which, if not performed, defeats, or diverts, a right, or estate, already existing or vested. See Condiiion precedent. Subsidy, in English law, a tax, or tribute, granted by par- liament to the king for the urgent occasions of the kingdom. Generally, governmental aid in establishing, or c&rrying on, private enterprises which are assumed to be of great public im- portance, such as railroads, or steamship lines, which can not, in the nature of things, be self supporting. Substitute, one placed under, or in place of, another to transact the business for which he was appointed. See Substi- tution. Substitution (Rom.), a conditional appointment of an heir. (2) In Scotch law, the enumeration of a series of heirs described in technical language. They fire called substitutes. See Insti- tution. Subtraction, the neglect, or refusal, to perform a duty or service, or to pay rent, tithes, or the like. Succession, the act of following, or coming into, the rights of another, used particularly of the right of the. heir to the pos- session and beneficial interest in the estate of a deceased ances- tor; also of the mode of acquiring the rights of one set of per- sons, constituting a corporation, by another set, on becoming members. Successor, the technical word in the case of a corporation, answering to ''heirs, executors, or administrators," in the case of a person proper. (2) See last title. Sucken, (Sc), the lands astricted to a mill, the tenants of which are bound to grind their corn there. See Multure. Sue, to bring a civil action. Suffragan. See Bishop. Suffrage, vote; elective franchise. (2) Aid. Suggestio falsi. See Misrepresentation. Sui juris [of his own right). A person who is neither a minor nor insane, nor subject to any other disability, is said to be sui juris, i.e., able to deal with his property. Suicide, one who kills himself. See Felo de se. Suit, a civil action. Summary, short; speedy; as opposed to plenary, or regu- lar. Summary jurisdiction is the power of a court to give judgment, or. to make an order forthwith without further pre- liminaries, such as committing for trial. Summing up, the argument made by counsel at the cloeo SUM 262 SUB of the evidence. (2) The concise review of the evidence made by a judge in charging the jury. Summons, a writ commanding the sheriff to notify a party therein named tp appear in court on, or before, a specified date, and answer the complaint in an action commenced against him. Sumptuary laws, those in restraint of luxury and excess- ive expenditure. Superior (Sc), the grantor of a feudal right. See Lord; Dominant. Supersedeas, a writ by which proceedings are stayed. Superstitious uses, lands, money, etc., given or left for religious purposes not recognized by law, e. g., for saying prayers for the souls of the dead; as opposed to charitable uses. Supplemental bill, an addition to an original bill in equity, in order to supply some defect in its original frame and structure, or to allege facts which have occurred since the filing of the original bill. Suppletory oath, the oath of a litigant party in the spir- itual and civil "law courts. Suppliant, the party preferring a petition of right. Supplicavit, a mandatory writ directing justices to require security to keep tlie peace from a person named. Disused-. Support, to argue in favor of, or maintain, e. g., a proposi- tion, rule, or order. (2) The right of support to land, or a building, is the right not to have it let down by the act of- an adjoining, or, as in the case of mines, an underlying owner. Suppressio veri, I., a willful concealment of material facts. Supra {above). This word occurring by itself in a book, etc., refers the reader to a previous part, like ante. Supra protest, after protest. See Acceptance, Supreme Court of Judicature, in England, was substi- tuted by the Judicature Acts, 1873 and 1875 (as modified by the Appellate Jurisdiction Acts, 1876J, for the superior courts of law and equity previously existing. It consists of (a) the High Court of Justice, and (6) the Court of Appeal. See those titles. Surcliarge, to put more cattle upon a common than one has a right to do. (2) To prove that item? have been omitted from an account which ought to be allowed and credited to the party surcharging. To surcharge and falsify is to rectify an account by inserting credits and striking out charges which have been wrongfully omitted, or inserted, to the detrimen* of the party seeking relief. Surety, one who makes himself responsible for the due ful- fillment of another's obligation, in case the latter, who is called the principal, fails himself to fulfill it. Surnam.e, a name added to the christian name. In modern times, the family name. SUE ' 253 TAC Surplusage, in pleading, the allegation of unnecessary matter, which is forbidden, and may be struck out by the court. Surprise, the act by which a party to a contract, or a suit, is taken unaware, and, through no fault of his own, put in a position which will be injurious to his interests. Equity will sometimes relieve parties from the obligation of contracts which they were surprised into making, and courts frequently grant new trials on the ground of surprise. Surrebutter; Surrejoinder. Sea Pleading. Surrender, the yielding up of an estate for life, or years, (especially of a lease) so that it merges in the fee or reversion. It may be by deed, or by operation of law. Surrogate (Eng. law), one appointed by a chancellor, bishop, etc., to act for him. (2) The title of a judical officer in some of the states, e.g., New York, who has jurisdiction in the matter of probating wills, granting letters of administration, etc. Survivor, one of two or more persons who lives longer than the others. When one of two or more joint tenants sur- vives the others he becomes possessed of the whole estate, in England, by virtue of the right of survivorship. This right has been abolished by statute, or never recognized, in many states of the Union. Suspension, of an estate, or right, takes place where it is temporarily extinguished, but may afterward revive. (2) Of a clergyman, is where he is deprived of his living, or of the right to officiate, for a time. (3) In Scotch law, is equivalent to a stay of proceedings (g.v.). Symbolic delivery, the delivery of something as a repre- sentative of another thing, of which actual delivery can not be conveniently made, on account of its bulk or situation. Syndic, an agent, or attorney, of a corporation. Tacit, silent, implied from silence. Tack, a lease. ?2) An addition. Tacking. In English law, a mortgagee who has the legal estate in the property mortgaged, and who makes a subsequent advance to the mortgagor without notice of an intermediate advance, may tack his second to his first mortgiige and recover both before the intermediate mortgagee can recover any thing. He is thus said to squeeze out the other mortgagee. This doc- trine is inconsistent with the laws of most of the states, which require the recording of mortgages, and give to the record the effect of constructive notice. T A I 254 TEN Tail. An estate tail is a freehold of inheritance, limited to a person and the heirs of his body in general, or some of them in particular. Tailzie (Sc.),an arbitrary line of succession laid dqwn by a proprietor, in substitution for a legal line of succession. Take, to lay hold upon; to carry away; to be entitled to, as a devisee takes under a will. Tales, {I. talis), jurors summoned to fill up any vacancies existing in the regular panel. Tales, de circumstantibus, such jurors selected from the bystanders. Tallagium, a term formerly employed to denote all kinds of taxes. Tangible, that which may be felt or touched; corporeal. Tax, a sum assessed against and collected from a citizen for the support of the government. An income tax is one propor- tioned to the amount of his income. A poll tax, one which is assessed on all individuals alike without reference to the value of his property, or the amount of his income. Indirect t&^es are those levied on articles manufactured, or imported; e.g., excise and customs; so-called because the tax is not levied on the consumer directly, but is in reality paid by him in the en- hanced price of the article. (2) To fix, or adjust; as the amount of the costs to be paid by the losing party. Teinds (Sc), dedmae, or tithes. Teinds court (Sc), is a commission for the plantation of churches, and settling of stipends of ministers out of the tithes of the various parishes. The commissioners are the judges of the court of session. Teller, one who keeps tally. Hence, an officer in a bank who receives, or pays out, money; a person appointed to re- ceive or count the votes in a legislative, or deliberative, body. Temple, two inns of court, called Inner and Middle, an- ciently the dwelling-place of the Knights-Templars. Temporalities, the revenues and secular possessions of a see. Tenancy, the condition, or estate, of a tenant. (2) The term for which he holds. (3) The land which he holds. Ten- ancy in common, the holding by two, or more, persons of distinct but undivided shares in land and tenements. Upon the death of a tenant in common, his share goes to his repre- sentative, and not, as in a joint tenancy {?.«.), to the sufviv.ors. Tenant, one who holds land, usually by service {q.v.) ; n lessee. Tenant at sufferance, one who holds over at the end of his term without any contract, express, or implied, that he may do so. Tenant at wiU, one who holds land at the will of the lessor. A tenancy at will may be determined by eitherparty at any time, and the death of either party determines TEN 256 TEN the tenancy The lessee can not transfer his estate. Tenant for lifeiOne who has the right to property for his own or an- other's life. Tenant for years, one who holds for a term ; a lessee. Tenant from year to year, one whose tenancy can only be determined at the end of a complete year, or num- ber of years, from the commencement of his holding, and upon due notice given, in ordinary cases six months. A lease at an annual rent, under which no certain terra is fixed, creates not a tenancy at will, iut one from year to year. Tenant in fee ; tail, etc. See Fee; Tail, etc. Tenant-right, a custom entitling an outgoing tenant of a farm to compensation for un- exhausted improvements. (2) In Ireland, a custom either insuring, a permanence of tenure without liability to any other increase of rent than may be sanctioned by local custom, or entitling a tenant to receive purchase-money from an incom- ing tenant, for what may be called the goodwill of his farm. Tender, an offer. The offer to deliver money, or specific personal property in pursuance of a contract, and in such a way as to leave nothing further to be done to fulfill his obligation by the party tendering. See Legal tender. Tenement, every thing that may be holden, provided it be of a permanent nature, whether it be corporeal or incorporeal. (2) A house. See Easement. Tenendum (to be held), that clause in a deed [q.v) wherein the tenure of the land is stated, how and of whom it is to be held. Tenor, the purport and effect of a document, as opposed to its actual words. (2) It is sometimes opposed to " effect," to signify a correct copy. Tenterden'S Act, Lord, 9 Geo. IV. c 14, adopted sub- stantially in most of the states, supplements the statute of frauds, and requires the following inter alia to be in writing: (a) acknowledgments of debts that are statute barred; (6) representations as to a-person's character or solvency, made in order to obtain him credit, etc.; (c) executory contracts for the sale of goods. Tenths, a tribute of a tenth of the annual value of an eccle- siastical benefice, according to the valuation made in Henry VIII.'s reign, formerly paid to the pope and afterward to the king, as head of the church. Tenure, the mode of holding property or oflace. Tenure of land was formerly allodial, or feudal, the latter being held of a superior, the former not. All land, in England, is now in theory held of the crown, mediately or immediately. Lay tenures were divided into (a) frank tenements or freehold, and (i) villenage; (a) into (i.) military tenures (as to which see T £ B 256 T E S Knight service; Gfrand sergeaniry, and Carnage) and (ii.) free socage (see jBwrj'aj'e ; Gavelkind). Ecclesiastical tenures, which were not abolished by 12 Oar. II. c. 24, with the other feudal tenures, are frank almoign (q.v.) and tenure by divine service, e,g., to sing so many masses, for neglect of which the lord can distrain at once. Most of these forms of tenure are unknown in the United States, and are fast becoming obsolete in En- gland. TeroeXSc), dower. Se:^ Life-rent. Term, a word, or expression ; a condition; e.g., the terms of a contract. (2) An end or limit, hence a period of time limited for the payment of a note, the performance of a con- tract, or the enjoyment of an estate. (3) The period of time during which a court holds a session. Terminus, I., a limit, or boundary, either of space or time. Terminus a quo, the starting point. Terminus ad quern, the destination. Terre (or ter) tenant, one who holds, or has the seisin of,- land. Terrier, a register or survey of land. Territorial waters, are those within three miles from the coast of a country; by international law they are held to be within the jurisdiction of that country. Territory, a portion of country subjected to a particular jurisdiction, municipal, judicial, or military. (2) A division of land belonging to the United States and not within the boundaries of any particular state, and governed by United States officers. Testament, is properly a will, or disposition of personal property. The word is, however, used generally as equivalent to "will" {q.v.). Testamentary, relating to a will, e.g., capacity, disposi- tion, etc. (2) Given or appointed by will, e.^., a testamentary gift, guardian, etc. Testamentary causes, proceedings relating to wills and administration of.decedents' estates. Testate, the condition of one who dies having made a will. Testator, testatrix, one who makes a will. Testatum, the witnessing part of a deed {q.v.) or other formal instrument. It follows the recitals, where there are any, and introduces the operative part of the instrument by tha words, " Now this indenture witnesseth," or the like. Testa- tum writ, one issued into a county other than that in which the venue was laid, a return of non est inventus, or nulla bona having been made to the prior writ issued into the latter county. T E S 257 TIT Teste, the witnessing part of a writ, warrant, etc., indicat- ing by whose authority it is issued. Testimonium clause, the attesting clause in a will. Testimony, statements made by a witness under oath or affii'matioii. Textbook, a legal treatise which lays down principles, or collects decisions on any branch of the law. Theft, larceny (q.v.). Third party, one who is a stranger to a contract, or pro- ceeding, not being plaintiff, or defendant. Thirlage (Sc.J, a tenure orservitude by which a tenant was bound to carry his corn to a certain mill to be ground, the pay- ment, which was in kind, being called a multure. Thirty-nine articles. See Artiaks of Faith, or Religion. Thread. See Pilum aquae. Tick, credit. Ticket of leave, a license to be at large, granted to a con- vict for good behavior, and recallable for misconduct. Tide- waters, all arms of the sea, bays, coves, and rivers in which the water, whether salt or not, rises and falls with the tide. Tigni immittendi (scil. Jus, Rom.), the right of insert- ing a beam or timber from the wall of one house into that of a neighboring house, in order that it may rest on and be sup- ported by the latter. Timber, is properly only oak, ash, elm, and trees used for building. It is realty until severed, when it becomes personal estate. See Waste. Time, the measure of duration, as days, months, years, etc. (2) The particular hour, day, etc., when an act is done, or a crime committed. See Essence; Memory. Tipstaff, an oflBcer of a court, whose duty it is to arrest per- sons guilty of contempt, and to take charge of prisoners. Tithes, were originally the tenth p»rt of the yearly profits of (a) lands, (b) the stock upon lands, p.nd (c) the personal in- dustry of the cultivator; the first being called praedial, the second mixed, and ihe third personal tithes. They were form- erly paid in kind, being due by the inhabitants of a parish for the maintenance of the parish church, and were called rectorial (or great tithes), and vicarial (smaller or lesser tithes), accord- ing as they were payable to the rector (lay or spiritual), or to the vicar. Since 1836 a rent charge, varying with the price of corn has in most cases been substituted for payment in kind. Tithing, a local division formerly containing ten families, forming part of a hundred (y.B.). Title, the distinguishing name of an act, book, etc. A general TOW 258 T R A head comprising particulars, as of a book or an action. (2) An appellation of honor or dignity. (3) A claim of right. Title, in this sense, may be original, as in the case of an inventor's title to a patent, or derivative, where the owner takes from a predecessor. A marketable title to land is one which the courts will force on an unwilling purchaser. A 6ad title is one which gives the holder no legal estate. A doubtful title is one which -may not be bad, yet not so free from doubt as that a court of equity will force a purchaser to take it. The usual covenants of title given by vendors and mortgagors are (a) for right to convey, (6) for quiet enjoyment, (c) for freedom from incum- brances, and (d) for fiirther assurance when called on. By the existing laws of England, and many of the states, these cove- nants are implied in every conveyance, and need not be inserted. Title deeds, the muniments, or evidences, of ownership to land. To wit, to know ; that is to say ; namely. Toelier, (Sc), dowry ; marriage portion. Toft, a place where a house has formerly stood. Toll, a payment for passage over a road, ferry, etc., or for grinding at a mill. (2) To bar, or take away, e.g., a writ of entry. Tonnage, the carrying capacity of a ship or vessel. (2) A tax or duty paid on such capacity. (3) A duty formerly charged on wine, assessed by the tun. Tontine, a system of granting life-annuities with benefit of survivorship among the annuitants. Tort, injury or wrong. Tortfeasor, a, wrongdoer; a tres- passer. Tortious, wrongful, or by wrong. Torture, the infliction of bodily pain to extort a confession frdm supposed criminals, and information as to. their associates -in crime; last used in 1640, in England, and never used in the United States. Totidem verbis, l., in so many words. Toties quoties, l., as often as occasion shall arise. Tout temps prist et encore est {A. fr.), a de/endant's plea in an action for breach of contract, that he always has been, and still is ready, to fulfill it. Town, a civil division less than a county; a small collection of houses, or a village. A township, i.e., a division of the public lands of the United States into tracts of six miles square, containing thirty-six sections (g.v.), of six hundred and forty acres each. Trade-mark, a distinctive mark, signature, or device af- fixed to an article, or to the wrapper, etc., in or with which it is sold, to show that it is manufactured, grown, or selected by a T B A 259 T B B special person or persons. In a plain case of infringement courts of equity will enjoin the wrong-doer from using tiie imi- tation trade-mark. The test of infringement is whether the defendant used the marl;, name, etc., which is alleged to con- stitute the infringement, with the object of palming oflf his goods as those of the plaintiff. ' Trader, one who buys and sells goods and chattels with the purpose of making a profit. A farmer, gardener, etc., who merely sells what he has raised, is not regarded as a trader. Trade-union, an association of workmen in any trade. It usually has for one of its chief objects the protection of their interests as against their employers, e.g., by organizing strikes for raising wages. Transcript, a copy, especially an official copy. Transfer, to pass from one to another; to convey. Transh.i{>nient, the act of taking a cargo out of one ship, and loading it on another. Transire, (Eng. lawj, a warrant or certificate that the .ship .has paid customs dues, and may therefore sail. This con« stitutes her clearance. Transitory actions, those the venue of which could be laid in any county. In general, the statutes of the several states require that all actions shall be brought in the county where the defendants, or some of them, or the subject-matter of the action may be found. TransitUS. See Stoppage. Transportation, the punishment of sending a criminal be- yond seas, or into exile. Trayerse, in pleacling, is the denial of some matter of fact alleged. A traverse is either general, denying generally and in toto all that was alleged in the last pleading of the adverse party, or special, pursuing the exact words of that portion of the pleading which it is intended to deny. Treason, or Uze-majesty, an offense against the duty of al- legiance. In England, it includes offenses against the person of the sovereign or other high officials, intimidation of parliament, etc. In the United States, it .consists only in levying war against the government, or in giving aid and comfort to the enemy. A person can be convicted of treason only on the tes- timony of two witnesses to the same overt act, or confession in open court. Treasure-trove, money, plate, bullion, etc., found hidden in the earth, or any private place, the owner of which is un- known. In England, it belongs to the crown. Under the civil law, it belonged one-half to the finder, and one-half to the per- . T R E 260 T B U son on whose property it was found. If the owner was the finder, it all belonged to him. Treasurer of the United States, an officer whose duty it is to receive and keep the moneys of the United States; to disburse them only on warrants drawn by the Secretary of the Treasury, and countersigned by the proper officer ; to take re- ceipts, and to keep and render accurate accounts to the comp- troller. Assistant treasurers are appointed to receive and dis- burse public moneys in each of the principal cities. Treaty, a negotiation preliminary to an agreement. (?) A compact between nations. On the part of the United States it may be made by the President, by and with the consent of the senate, two thirds of those present concurring. Trespass, any transgression of the law, less than treason, felony, or misprision of either. It is especially used of trespass qiiare clausum f regit, i.e., entry on another's close ('?.«.), or land without lawful authority. Trespass on the case or ease is a gen- eral name for torts which had no speaial writ or remedy prior to 13 Edw. I., u. 24, and for which by that statute new writs were, when necessary, to be framed on tbe lines of those al- ready existing. See Actiones Tiominatae; Breve. Trespasser, one who, commits a trespass. A trespasser ab initio, is one who, having lawfully entered, does something he is not entitled to do; his trespass, or wrong, then "relates back," and he is a trespasser from the beginning. Trial, the examination of a cause, civil or criminal, by a competent tribunal; the decision of the issues of law or fact in an action. It may be by a judge or judges, with or without a jury [q.v.). See New Trial, Bar, Refefree. Trillity term, one of the four terms or sittings of English courts, beginning on the 22d of May. Trinoda necessitas, I., {the threefold necessity), three taxes to which all lands were formerly liable, viz. : bridge-bote, burg- (fortress) bote, and fyrd (military contribution). Triors, or triers, persons chosen by the court to decide on challenges (q.v.) to a jury. Tripartite, divided into three parts • a deed or contract to which there are three distinct parties Trover, or trover and conversion, was a specia. form of tres- pass {q.v) on the case, based on Va^ finding (actual or fictitious) by the defendant of goods lost by the plaintiff. The necessity for a fictitious allegation of the finding was abolished in Eng- land, by the C. L. P. Act, 1862, s. 49. True bill, the indorsement which the grand jury {q.v.) makes upon a bill of indictment when, having heard tbe evi- T R tr 261 UNO dence, they are satisfied that there is & prima facie case against the accused. See Ignoramus Trust, a right of property held by one person, called the trustee, for the benefit of another, called the beneficiary, or cestui que trust. Trusts are divided into active, where the trus- tee has some duty to perform, so that the legal estate must re- main in him or a successor, or the trust be defeated; passive, where the trustee simply holds' the title in trust for the cestui que trust, and has no duties to perform; express, where it is created by express terms in a deed, will, or other instrument; implied, including precatory, constructive, and resulting trusts, where a court of equity will presume, from the nature of the transaction, the relations of the parties, and the requirements of good faith, that a trust was intended, though no express words be employed to create it. Tubman, a barrister in a Court of Exchequer, who had privileges of seat and pre-audience next to the postman [g-v.). Turpis causa, a base or immoral consideration, on which no action can be founded. Tutor, (Sc), a guardian {?.».), of an infant under the age of puberty. A tutor frequently has charge of both the person and property of the pupil; a curator only of the property. u. Uberrima fldes, I., (utmost good faith^. Contracts made between persons -in a particular relationship of confidence, as guardian and ward, or attorney and client, require the fullest information to be given beforehand by the person in whom the confidence is reposed to the person confiding, and perfect fair- ness in dealing, or the court will refuse to enforce the contract on behalf of the former. Udal right, (Sc), » right to land by undisturbed posses- ' sion, hot founded on charter or feoflfment. Ultimus haeres, l-, the ultimate heir; in England, the sovereign. Ultra vires, I; (beyond their powers). A company, or cor- poration, is said to act ultra vires, when it exceeds the authority imparted to it by its charter, articles of association, etc. Ultroneous witness, (Sc), one who gives voluntary evi- dence Umpire, one who decides a question in dispute ; a referee, and especially one who is chosen by arbitrators to determine finally a point on which they are unable to agree. Uncertainty, vagueness , indeflniteness. A gift by will tJ N C 262 tJ N 1 is void for uncertainty; if it is impossible to ascertain the testa- tor's intention with regard to it. Uncertainty in pleading is not permitted, lest it should mislead, or embarrass, the opposite party. ITneore (or Encore) prist, L. fr., always ready. See Tout. I TJnde nil habet, l-, the form of a writ providing a remedy for a widow to whom no dower had been assigned within the period limited by law. Under-lease, or Sub-lease, a grant by a lessee to an- other of a part of his whole interest under the original lease, reserving to himself a reversion. The lessee is then called an under (or sub) lessor, and his assign an under {or sub) lessee. An under-lease for the whole term, not reserving any part to the lessee, is an assignment {g.i>.). A lessee continues liable to his lessor on the covenants contained in the lease, whether he as- signs, or underleases; a sub-lessee is not liable to the original lessor; an assignee of a lease is. Undertaking, a promise; especially one formally given in the course of a legal proceed- ing, which may be enforced by attachment, or otherwise. Un- der-tenant, one who holds by under-lease (g.v.). Under- writer, an insurer of ships, so called from hrs writing his name under the policy of insurance (g.c). Undue influence, any improper pressure by which a party is induced to benefit the party pressing. Against such,, the courts will relieve. Uniformity. See Ad of uniformity. Unilateral contract (Bom.). When the party to whom an engagement is made makes no express agreement on his part, the contract is called unilateral [one-Med), even in cases where the law attaches certain obligations to his acceptance of the engagement. A loan for use is of this kind. Union, a popular term for the United States of America. United States of America, the states and territories, ■ bounded on the north by Canada, the great lakes and British America, and on the south by Mexico and the Gulf of Mexico, and extending from the Atlantic to the Pacific Ocean, united under one national government, having a national constitution adopted in 1787, and amended from time to time since. At present there are 38 states and 10 territories, including Alaska. Unity, oneness; agreement in particulars. Joint tenants are said to have Unity of interest, as none of them has a greater interest in the subject of tenancy than the others have. See Joint tenancy. Unity of possession, the possession by one person of several different estates, or rights in the same land ; as where land subject to an easement, rent, or charge, TT N 1 268 USE comes into the hands of the person entitled to the easement, or where a lessee of Jands afterwards buys the fee simple, etc. ; by this unity of possession the lesser right is extinguished. See Merger. Unity of title, is where an estate comes to two or more persons by the same title. See Joint-tenancy. Univeraal, relating to the whole, or all. Universal agent, one who is appointed to do all acts which his principal can do, and which he has the power to delegate. Universal legacy, a bequest of the whole of the testator's property to one or more persons. Universal partnership, one in which the partners agree to hold all their property in common. Universal representation, (So.), the doctrine by which the heir is held to represent the ancestor as to all things, and hence to be re- sponsible for his debts. Unlawful, contrary to law. Unlawful assembly, a generic term comprehending riot, affray, etc. See those titles. Unliquidated, not ascertained See Damages. Unoflatu, I., (with one breath), at the same moment. Unsound mind, a generic term, including lunacy and idiocy. Upper Bench, the style of the Queen's Bench during the protectorate of Cromwell. Upset price, that at which property sold by auction is put up, or under which it can not be sold. Ure, custom. (2) Effect; operation. See Enure. Usage, practice long continued. The habit, mode, or uni- form course of dealing in a particular trade. Usance, the time at which a bill of exchange drawn in one country on another country is usually made payable. Use. Before the Statute of Uses a use was in its nature equitable, being a right enforced by the court of chancery to the beneflcial ownership of an estate, the possession of wliioh was vested in confidence in another, called ihe feoffee to uses, the beneficiary being the cestui que tise. The effect of this separation of the legal and beneficial ownership being to enable secret transfers of land to be made, and also the rights of the crown and of the lord to forfeiture, escheat, and the like to be evaded, the Statute of Uses (27 Hen. VIII., c. 10) was passed, enacting (in effect) that where any person was seisedioihe use, confidence, or trust of another, the latter should take a legal estate co-extensive with the equitable one which he would have had prior to the statute. The statute does not apply to lease- holds or copyholds; nor does it execute (i.e., operate on) a second use, otherwise called a use upon a use, or upon a use or trust which has active duties attached to it, called an ocftueuse. Common law uses are those last mentioned, which were un- USE 264 TAG affected by the statute. A springing use is one which is tp come into operation at a future date. A shiftmg use, one which shifts from one person to another on the happening of acertain event, or non-performance of a condition. The word "trust," is now used instead of "use," where.he who has the possession for the benefit of another, has also an active duty to perform in respect to the subject-matter. See Ti-usi; Orant; Feoffee. (2) Enjoyment; application to one's service. Use and oc- cupation. An action may be brought by the owner of real property against a person using or occupying it, on an implied agreement to pay for his use and occupation. User, use; enjoyment. Uses, Statute of. See Use. Usucapio, (Eom.), title by prescription '(g.».). Usufruct, (Rom.), the right to the beneficial ownership of a thing, the proprietorship of which is in another. Usufructuary, ho who enjoys the usufruct. Usurpation, a talcing and holding of a thing without right. (2) Presenting to an advowson without title. Usury, originally interest charged for the use of money; now, illegal interest only. Usury laws, those fixing the rate of interest which may be charged, and prescribing penalties for taking interest in excess of the lawful rate. Uterine, born of the same mother. Uti possidetis (as you possess), (Rom.), an interdict, or special edict, of the praetor declaring the ownership of real es- tate to be in the person then in possession. Utlary, outlawry (q.v.). Utter, to offer; to publish; to attempt to pass off a forged document or counterfeit coin as genuine. Utter or Outer barristers, all such counsel as are not either queen's counsel or sergeants-at-law. Vacant, empty ; not occupied. A vacant succession is an inheritance, the heir to which is unknown. Vacantia bona, (Rom.), things without an owner; the goods of one dying without successors. Vacate, to cancel, annul, or render of no effect. (2) To moveijut of, e.g., a house. Vacation, the period of time between the end of one term of court and the beginning of another. Vadium mortuum, I., a dead-pledge or mortgage. Vagabond or Vagrant, a wanderer; an idle fellow; one who, being able to maintain himself by lawful labor, either re- V A L 266 V E M" fuses to work, or resorts to unlawful practices, such as begging or fortune-telling, to gain a living. Valeat quantum, i., let it avail what it may. Valid, good ; effectual; of binding force. Valuable. See Consideraiion. Value, the utility or worth of an object. A holder for value is one who has given a valuable consideration for that which he holds. Value received, a phrase generally inserted in a note or bill of exchange, though unnecessary, to denote that a consideration has been given for it. Valued. A valued policy is one in which the value of the thing insured is settled at the time of making the insurance, and is inserted in the policy, as distinguished from an open policy, in which the value is left to be afterwards ascertained. Valuer, a person who appraises property. Variance, a disagreement between successive pleadings by the same party, or the statements in the pleadings and the evi- dence adduced in proof thereof. Vassal, one bound to render feudal service to a lord. Vavasour: vidame, one who, holding of a superior lord, has others holding under him; a mesne lord. Vendee, one to whom any thing is sold. Venditioni exponas, l-, that you expose for sale; a writ directing a sheriff to sell goods which he has taken under a fieri facias (?.».). Vendor, one who sella any thing. A vendor's lien is the right which he has, while his purchase-money, or any part of it, is unpaid, to charge the land sold with payment thereof, even after he has conveyed or delivered possession of it to the purchaser; provided only that he has not waived his lien by accepting security for the purchase-money or the like. In many states, the lien is not valid unless expressly reserved in the deed. Venire facias {make to come), a writ to the sheriff to sum- mon a jury. Venire facias ad respondendum, a writ of summons to answer an indictment for misdemeanor. Venire fkcias de novo, a second writ to summon another jury for a new trial. Venter or Ventre, the' womb. A person in venire is one conceived, but not yet born. Saa Oestation. The virh de ven- tre inspiclendo yfias an original process issuing out of chancery, on the petition of the person next entitled to land, to examine whether the woman, from whom an heir might be born who would exclude the petitioner, was really etiHente, and so to guard against supposititious births. See Jury of Matrons. Venue, or Visne, the neighborhood; the county in which V E B 266 VIA an act is done, or a cause of action arises, and from which the jury is taken for the trial of the case. A change of venue is the sending of a case to be tried before the jury of another county, ■when circumstances render it impossible to have an impartial trial in the county where the cause of action arose. Verbal, made by word of mouth, oral (q.v.) Verdict, the decision of a jury reported to the court, on the matters submitted to them on the trial of a cause. It may be general, i. e., for plaintiff, fixing the amount to be recovered, or for defendant witrhout more or special, the latter giving the facts found, and leaving the conclusion of law to the court. Verge, a rod. Hence in some copyhold estates tenants by the verge, who where admitted by delivery of a rod. Verification, the averment in a pleading that the party making it is ready to verify, or establish, the truth of the facts alleged. (2) The affidavit of the party pleading, his agent, or attorney, that the allegations of the pleading are true, required by the statutes of many states. Versus, 1-, against. Vert, or Verd, the right (a) of cutting green wood; (J) of pasturage. Vested, established; which ought to be maintained. A right, or estate, is said to be vested in a person when he be- comes entitled to it. It may be vested in possession, when he has a right of present enjoyment, or vested in interest, when he has a present fixed right of future enjoyment; i.e., aright to an estate, the possession of which is postponed to a fixed time, or the happening of a certain event. ■yesture, pasturage. Vetera statuta, l-, the ancient statutes commencing with Magna Charta^ and ending with those of Edward II. Veto, I; (I forbid), the refusal of an executive officer, whose assent is necessary to the validity of an act passed by a legislative body, to concur therein. The veto power is given to the President of the United States and the governors of many of the states. Vexata quaestio, l-, an undetermined point, which has been often discussed. Vexatious, annoying; harassing; oppressive. Vexa- tious suit, one brought without probable cause, for purposes of annoyance, or oppression. Vi et armis, L, with force and arms; words inserted in a declaration of trespass. Via, (Kom.), a right of way (?.«.). Viability, a capability of living after birth; extra-uterine" life. VIC 267 VI V Vice, in the place of; instead of. Vice- Chancellor, a judge of the court of chancery, originally appointed to relieve the lord chancellor of part of his judicial duties. The first was created in 1813. Viee-comes, I., the sheriff. Vice- President, the second officer in point of rank in the United States. He is elected at the same time, and for the same term, as the president. He is president of the senate, but has no vote, unless they be equally divided. In case of the re- moval from office, death, resignation, or inability of the presi- dent, the duties of his office devolve on the vice-president. Vice versa, l-, on the contrary. Vicinage, neighborhood; proximity. Vieountiel, that which belongs to the sheriff or viee-comes. Vide [see), a word of reference. Vide ante, or supra, refers to a previous passage; vide post, or infra, to a subsequent one. Videlicet {to wit), a word formerly used in pleading to precede the specification of particulars which need not be proved exactly as laid. Viduity, widowhood. View, an inspection of property in controversy, or of a place where a crime has been committed, by the jury, or certain per- sons called viewers, under an order of court. Vill, a manor, village or town. Villain, or villein, a man of base or servile condition, though not actually a slave. Villeins regardant were th()^e an- nexed to and passing with a manor, as opposed to villeins in gross. who were annexed to the person of the lord. See Service ; Socage. Villenage, base tenure (q.v.). See Villain. Vinculo Matrimonii, l., from the bond of matrimony. See Divorce. Vindicatio (Riim.), an action for land. Vindictive damages, those givi^n by way of punishing the offender, over and above the actual loss suffered. Violation, an act contrary to another's right, committed with force. (2) A rape. Violence, force used acainst law, private rights, or public liberty; an assault, or intimidation by a display of force. Violent profits (Sc), those due from atenant who forcibly retains possession after he should have given it up. Vis, l; force. Vis impressa, direct force; original force. Vis major, irresistible force; inevitable accident. Visitor, one who periodically inspBcls the management of a public or charitable institution. Visne. See Venue. Vitiation (Sc), material alteration in an instrument. Viva voce, I., by word of mouth. See Evidence. V I V 268 W A 1 Vivary, a park, warren, fishery. Vivisection, the dissecting of living animals for scientific purposes. Vocatio in jus, (Rom.), a citation to trial. Void, of no force, or eft'ect; absolutely null. Voidable, of imperfect obligation, so that it may be legally annulled, or, on the other hand, cured or confirmed, at the option of one of the parties; e.g., the contract of an infant with an adult. Voir dire {yeritatem dicere), a preliminary examination of a witness as to his competency to speak the truth. See Initialia. Voluntary, acting without compulsion; done by design. (2) When stpplied to a gift, promise, or conveyance, it means that it is made either without, or for only a good, consideration (q.v.). Voluntary waste, that which is the result of the de- liberate act of the tenant of property, as where he pulls down a wall, or cuts timber; opposed to permissive waste (y.i>.) Volunteer, one who receivesagift, promise, or conveyance, without giving a valuable consideration therefor. (2) One who offers his services to his country in time of war. Vouch, to call to warranty. In the old practice of recov- eries (q.v.), the person against whom the action for the land was brought, vouched him who had warranted the title, i.e., called on him to defend it. The former was called Vaevoucher, the latter the vouchee. In the fictitious proceeding, called com- mon recovery, the crier of the court was the person ultimately vouched, and was called the common vouchee. See Imparl. (2) To rely on ; to quote. Voucher, a document which evidences a transaction ; a re- ceipt. (2) See Vouch. w. Wadset, (Sc), a kind of mortgage. The lender is called the wadsetter, and the borrower the reversor. Wager, a bet ; a test ; a mutual promise by two persons to each other that the one shall in a certain event pay the other a certain sum of money. Wager of battle. See Battel. Wager of law. See Compurgator. Wager policy, one made when the insured has no interest in the subject of in- surance. Wages, the agreed compensation paid by a master to a servant for work done. Waif, goods found, but claimed by nobody (bona vacantia). (2) Goods stolen, but waived (waviaia), or thrown away by the W A I 269 W A B tbief in his flight; by the English common law they belonged to the king. Waive, to forego, to decline to take advantage of, e. g., a legal right, or an omission or irregularity of another person. By waiver, a legal right is lost. But mere lying by is not waiver; there must be a positive act. (2) See Waif. (8) To make a woman an outlaw. Wales, Prince of, the eldest son of the reigning English sovereign, his wife being called the Princess of Wales. Wapentake, a hundred; the hundred court. Ward, an infant who is under guardianship (?.».). A ward of court is an infant under the protection of the Court of Chancery. (2) See Watch. (3) A division of a city, borough, or parish for election purposes. Warden, a guardian or keeper. (2) See Oingite porta. Wardship, the condition of a ward. Warehouse, a place for receiving and storing goods and merchandise for hire. The warehouseman is bound to use or- dinary diligence in preserving such goods. Warehouse receipt, one givenon the receipt of goods in a warehouse, by the terms of which the warehouseman agrees to deliver the goods to the person depositing them, or his assignees. The assignment of such a receipt, and its presentation to and ac- knowledgment by the warehouseman, operates as a delivery of the goods described. Warrandice (Sc), warranty. Warrant, an authority. (2) A precept under hand and seal to some offieei; to arrest an offender. (3) A writ of sum- mons. (4) See i>ock. Warrant of attorney, a written authority addressed to a solicitor of the court in which it is intended that a judgment shall be entered up, authorizing him to appear on behalf of the person giving the authority and to confess judgment. The instrument is usually given to secure payment of a debt, and is defeasible on payment by a certain day. Warrantia chartae, l., a real action in cases where a person was enfeoffed with warranty, and was not able to vouch the warrantor. Abolished in 1838. Warranty, a guarantee concerning goods or land, given to a purchaser by the vendor. Warranty of goods, is as a rule, an undertaking that they are of a certain quality. Warranty of land, that the title is good. Warranty may be expressed or implied, the latter being a limitation of the maxim caveat emptor in certain cases, as where goods are or- dered to be be made for a particular purpose. Voucher to W A B 270 W E R warranty, the former practice in real actions of calling the warrantor into, court to defend a suit brought against his ten- ant, or vendee, for the recovery of land in his possession. Warren, a place privileged by prpscription, or by grant from the crown, for the keeping of wild beasts or fowls. See Oame. Waste, any spoil or destruction in houses, gardens, trees, etc., to the prejudice of the inheritance. It is either (a) per- missive, consisting in mere neglect or omission to do what is necessary to prevent injury; or: [h) voluntary (q.v.). Sometimesa tenant, by the terms of the instrument creating his estate holds his lands without impeachment of waste, i.e., with a general per- mission to commit waste of any ordinary character. (2) Un- cultivated, or common, ground. See Manor. Watch, was the name for a body of constables, or police officers, on doty by night; ward, being chiefly applied to those on duty by day. Water-bailifT, an ofScer in seaport towns whose duty it is to search ships. Water-course, a stream, artificial or natural. (2) A right to the flow of water over one's own land, or to discharge water on to one's neighbor's land. Water-gavel, a rent paid for fishing In, or for other benefit, received from, some river or other water. Waveson, flotsam {q.v.) Way, a passage. (2) A right of passage. It may be (o) a footway (iter); (J) a horse and footway [actus); or (c) a cartway (ma or aditus). Ways are either public or private; those which are public being usually called highways. A private right of way may be founded on grant, license, or pre- scription, being either an easement or customary right. A way of necessity is one which arises by operation of law, where a person grants to another a piece of land which can only be reached by crossing land of the grantor's. Way-bill, a document containing the names of passengers, or the description of goods, carried in a public conveyance. Way-going crops. See Away-going. Ways and means, the style of a committee usually ap- pointed in legislative bodies to determine the manner of rais- ing funds for the use of the government. Welsh mortgage, a conveyance of an estate redeemable at any time by the mortgagor, on payment of the loan; the rents and profits being in the meantime received by the mortgagee in satisfaction of interest, subject to an account. The mortgagee can not foreclose. Were, or Wergild, a fine imposed for homicide or grave injury. W H A 271 WIT Wharfage, money paid for landing goods upon, or loading them from, a wharf. Wharfinger, one who owns or keeps a wharf for the pur- pose of receiving and shipping goods. His duties and liabili- ties fire similar to those of a warehouseman. Whereas, a word which introduces a recital of a fact. White rents. See Reditus albi. W^ife. See Husband and wife ; Equity to a settlement. Wild animals. See Animals. Wild's case, rule in. A devise to B and his children or issue, B having no issue at the time of the devise, gives him an estate-tail; but if be have issue at the time, B and his children take as joint tenants, or as tenants in common, according to the other words of the will. Will, the final declaration of the disposition which a man desires to have made of his property after death. It is revo- cable during the testator's lifetime. It must as a rule be in writing (see Execution; Nuncupative), but not in any particular form. Infants under the age of discretion and lunatics haveno testamentary capacity. The rapacity of infants who have at- tained years of discretion and married women to make wills is variously defined by the statutes of the several states. Willftll, intentional; deliberate. Mortgagees and others in possession of securities, land, etc., are liable for losses caused by their willful default. Winding-up, the process of calling in and distributing the assets of a company which is bankrupt, or unable or unwilling to carry on its business any longer. It is the only legal way of terminating the existence of a company. (2) The word is also applied in a similar way to partnerships, and sometimes to what is more properly called the administration (q.v.) of a deceased person's estate. Window. See Light. Withdrawal, of juror, when a jury can not agree upon a verdict, or the parties desire, or the court advises, that the trial should proceed no further, a juror is often withdrawn by consent of the litigants, so as to put an end to the proceedings. Withernam. See Capias. Without day, indefinitely. A defendant was formerly said to go without day when be was successful, the action not being adjourned to any future date. Without prejudice. See Prgurfice. Without recourse {sayis recours). See Indorsement. Witness, one who 'sees an act performed, n.-g., the execu- tion of a deed. (2 ) One who gives evidence in a cause. The at- tendance of a witness on the trial of a cause in court is secured woo 272 WHO by the issuing of asubpcEna(j'.«.). SeePrivilege; Attest; Oath; Pejjury. Woolsack, the seat of the iord chancellor in the house of lords. Wounding. See Mayhem; Battery. W^reck, any portion of a wrecked or lost ship, or her cargo, which is recovered, either on shore, or at sea; thus including flotsam, jetsam, andJigan (see those titles). Wreck originally belonged to the crown, and has in many cases been the subject of grant to individuals. Writ, a judicial process, by which a person is summoned to appear. (2) A legal instrument to enforce obedience to the . orders and sentences of the courts. It is issued by authority of a court, or other competent tribunal, and directed to the sheriff, or other officer, authorized by law to execute the same. He must return it with a brief statement of what he has done in pursuance of it, to the court, or officer, authorizing its issue. Writs are either (a) prerogative, when the granting of them is in the discretion of the court, as in the case of habeas corpus; or (J) of right, when the applicant is entitled as of course. The latter class includes original writs, by which an action used formerly to be commenced (see now Writ of Summons), and judicial wits, under which head almost all writs at present existing fall, such as writs of summons, writs in aid (?.».), and writs of execution. (3) An action; e.51., the writs of waste and of partition. Writ in aid, one issued after a writof execution has failed. See e.g., Assistance; Venditioni. W^rit of Dower, a writ of which there were two forms, the writ of right and the writ unde nil habei (g.v.). Writ of entry, was a real action by a person disseised, to recover possession. It was said to be in the per where the disseisor's heir, or assign, was in posses- sion; in the per and cui, where two descents, or alienations, had taken place ; in the post, where there had been more than two. Writ of error, an original writ, directing an inferior court to send the record of proceedings before it to a superior court for review. See Error ; False judgment. See also Exe- cution ; Formedon; Mainprise; Praecipe; Q,uare Impedit ; Res- titution; Waste, etc. Writers to the signet, also called clerks to the signet, per- sons who perform, in the supreme courts of Scotland, duties analogous to those of a solicitor. Wrong, the infringement of a right. YEA • 273 YIB Y. Year, the period in which the earth makes one complete revolution around the sun; twelve calendar months; three hundred and sixty-five days. See Bissextile ; New Siple. Year and day ; Year, day, and waste. See An jour, et waste. Year to year. See Tenant from. Year-books,. annual reports, in a regular series of cases, from the time of Kjng Edward II. to Henry VIII., taken by the prothonotaries, or chief scribes of the courts, at the expense of the crown. Yeoman, formerly meant a 40«. freeholder not advanced to the legal rank of a gentleman ; one who farms his own freehold. Yielding and paying, the first words of the reddendum clause in a lease, constituting a covenant to pay rent. APPENDIX A. Explanations of Abbreviations and Bejerbncks to Eepobts, commonly rouND IN Law Books.* A. A. Answer; anonymous. A. ^ E. Adolphus and Ellis, Queen's Bench, Eng., 1834^-40. A.^ E.(N.S.). Adolphus and Ellis, Queen's Bench, Eng., New Series, 1841-52. A. C. Court of Appeal in Chancery, Eng. A. D. (Anno Domini.) In the year of our Lord. A. R. (Anno Regni.) In the year of the reign. Abb. Adm. Abbott's Admiralty, U. S. District Court, Southern District of New Yorlj, 1847-60. Abb. App. Abbott's New Yorlc Court of Appeals Decisions. Abb. N. C. Abbott's New Cases, Practice, New York, from 1876. Abb. Pr. Abbott's Practice Cases, New Yorli Courts, 1854-65. Abb. Pr. {N. S.). Abbott's Practice Cases, New Yorls; Courts, New Series, 1866-75. Abb. U. S. Abbott, U. S. Circuit and District Courts, 1865-71. Abp Archbisfaop. Abr. Abridged; Abridgment. Abr. Ca. Eq. Abridged Cases in Equity, Eng. Act. Acton's Prize Causes, Privy Council, Eng., 1809-11. Act Reg. (Acta Regia.) Royal Acts. Ad. Ss E. See A. ^ E. Add. Addison, Pennsylvania County Courts and Court of Errors, 1791-9. Add. E. R. Addams' Ecclesiastical Reports, Eng., 1822-6. Adm. Admiralty. Admr. Administrator. * When the name of any court is mentioned the reference is to the reports published by the reporters whose names are mentioned. The dates and numbers of volumes annexed show the period, or the place, ill a given series of reports covered by the reports referred to. In both cases the figures are inclusive. (274) ADM 275 ASH Admrx. Administratrix. Ae.,ovAet. (Aeiatis.) Of age, or aged. AgH. Agent. Aik. Aikens, Vermont Supreme Court, 1825-7. Al. Aleyn, King's Bench, Bng., 1646-8. ' Ala. Alabama, Supreme Court, from 1840. Ala. Sel. Cos. Alabama Select Cases, Supreme Court, 1861-3. Alb. L. J. Albany Law Journal, Albany, N. Y., from 1870. Ale. ^ N. Aloock and Napier, King's Bench, Ireland, 1831-3. Ale. R. Can. Alcock's Registry Cases, Ireland, 1832-7. Allen, Massachusetts Supreme Court, Vols. 83-96. Allen (N. £.), New Brunswick Reports, 1861-6. Am. American. Am. ^ E. Ry. Cos. American and English Railway Cases, Northport, N. Y.. from 1883. Am. Cor. Cos. American Corporation Cases, Chicago, from 1868. Am. Dec. American Decisions, Courts of Various States from earliest period. Am. L. C. American Leading Cases, Hare and Wallace." Am. L. Rec. American Law Record, Cincinnati, from 1872. Am. L. Reg. American Law Register, Philadelphia, from ,1852. Am, L. Rev. American Law Review, Boston, from 1866. Am. L. T. American Law Times, Washington. Am. Rep. American Reports, Various States, Albany, from 1870. Amb. Ambler, Chancery, Eng., 1737-84. And. Anderson, Common Pleas, Eng., 1558-1605. Andr. Andrews, King's Bench, Eng., 1737-8. Ann. Annaly, King's Bench, Eng. Arum. Anonymous, Election Cases, Eng., 1741-74. Anat. Anstruther, Exchequer, Eng., 1792-5. Ans. Answer. Ardh. Anthon, New York Supreme Court, Nisi Prius Cases, 1808-61. Ap. G. Appeal Cases, Law Reports. Arches, Court of, Eng. Ariz. Arizona Territory, Supreme Court, from 1866. Ark. Arkansas, Supreme Court, from 1837. Arkley, Justiciary Reports, Scotland, 1846-8. Arm. M. ^ O. Armstrong, Macartney and Ogle, Nisi Prius, Ireland, 1840-2. Am. Arnold, Common Pleas, Eng. 1838-9; Am.^B. Arnold and Hodges, Queen's Bench, Eng., 1840-1. Ash, Asbmead, Pennsylvania, Various Courts, 1808-41. ASS . 276 BAB Ass. Liber Assisarum, Book of Assizes, Queen's Bench, Eng., 327^77. At. B. Atlantic Eeporter, St. Paul, from 1886. Atk. Atkyns, Chancery, Eng., 1736-54. Atty. Attorney. Atiy. Gen. Attorney General. B. Baron of the Exchequer; (Banca) Bench. B. ^ A. Barnewall and Alaerson, King's Bench, Eng., 1817-22. B. S; Ad. Barnewall and Adolphus, King's Bench, Eng., 1830-4. B. ^ B. Broderip and Bingham, Common Pleas, Eng., 1819-22. B. ^ C. Barnewall and Creswell, King's Bench, Eng., 1822-30. B. 3f L. Browning and Lushington, Admiralty, Eng., 1863-5. B. ^ P. Bosanquet and Puller, Common Pleas, Eng., 1797- 1804. B. ^ P. (N. R.). Bosanquet and Puller, New Reports, Com- mon Pleas, Eng., 1804-7. B. ii S. Best and Smith, Queen's Bench, Eng., from 1861. B. C. Bail Court, Eng. B. C. C. Bail Court Cases, Eng., Lowndes and Maxwell, 1850-2. B. G. R. Bail Court Reports, Eng., Saunders and Cble, 1842-8, B. R. (Bancum Regis) King's Bench, Eng. B. R. National Bankrupt Register, United States Courts, 1867-79. Bail. Bailey, South Carolina, Superior Courts and Court of Appeals, 1828-32. Bail. Eq. Bailey, South Carolina, Equity Cases, 1830-1. BaU. Baldwin, U. S. Circuit Court, Third Circuit, 1828-33. Ball ^ B. Ball and Beatty, Chancery, Ireland, 1807-14. Ban. ^ A. Banning and Arden, Patent Cases, U. S. Courts. Bank. Banlsruptcy. Bar. S; Am. Barron and Arnold, Election Cases, Eng., 1843-6. Bar.^ Ami. Barron and Austin, Election Cases, Eng., 1^42. Barb. Barbour, New York Supreme Court, 1847-73. Barb. Ch. Barbour, New York Chancery Cases, 1845-8. Barn. Barnardiston, King's Bench, Eng., 1726-34. Barn. Ch. Barnardiston, Chancery, Eng., 1740-1. Barnes, Notes of Cases, Common Pleas, Eng., 1732-56. Barr, Pennsylvania Reports, Vols. 1-10. BAT 277 BON Batty, King's Bench, Ireland, 1826-6. Beasl. Beasley, New Jersey Equity, Vols. 12 and 13. Beat. Beatty, Clianoery, Ireland, 1827-9. Beav. Beavan, Roll's Court, Eng., 1838-66. Bee, Admiralty, U. S. District Courts, 1779-1809. Bel. Bellewe, King's Bench, Eng., 1378-1400. Bell. App. Scotch Appeals, House of Lords, 1842-55. Bell, a a Crown Cases, Keserved, Eng., 1858-60. Bell, Com. Commentaries on the Laws of Scotland. Bell, Dee. Decisions, Court of Sessions, Scotland, 1794-5. Belt, Supplement to Vesey, ST., Chancery, Eng. Ben. Benedict, U, S, District Court, Southern Dist. of N. T., 1865-79. Benl. Benloes, Bendloes, or BonloTves, King's Bench, Eng., 1531-1628. Benl. S[ D. Benloes and Dalison, Common Pleas, Eng., 1512-79. Bert. BertoQ, New Brunswick, 1835-9. Best ^ S. See B. and S. . Bibb, Kentucky Court of Appeals, 1808-17. Bing. Bingham, Common Pleas, Eng., 1822-34. Bing. N. C. Bingham, New Cases, Common Pleas, Eng., 1834-40. Binn. Binney, Pennsylvania Supreme Court, 1799-1814. Biss. Bissell, U. S. Circuit Court, Seventh Circuit, 1851-83. Bk'cy. Bankruptcy. Bl. Com. Blaokstone, Commentaries on the Laws of England. Bl. H. Henry Blaekstone, Common Pleas, Eng., 1788-96. Bl. R. or Bl. W. Sir Wm. Blaekstone, King's Bench, 1746-79. Black, U. S. Supreme Court, Vols. 66 and 67. Black., D. Sf 0. Blackham, Dundas and Osborne, Nisi Prius, Ireland, 1846-8. Blackf. Blackford, Indiana Supreme Court, 1817-47. Bland, Maryland High Court of Chancery, 1811-32. Blatch. Blatchford, U. S. Circuit Court, Second Circuit, from 1845. Blatch. ^ H. Blatchford and Howland, U. S. District Court, Southern Dist. of N. J., 1827-37. Blatch. Pr. Blatchford, Prize Cases, U. S. District Court, Southern Dist. of N. Y„ 1861-5. Bli. Bligh, House of Lords, Eng., 1819-21. Bli. (N. S.) Bligh, House of Lords, Eng., New Series, 1827-37. Bond, U. S. Courts, Southern Dist. of Ohio, 1856-71.> BOS 278 BUS Bosw. Bosworth, New York City Superior Court, Vols. 14-23. „ f Brooke, Chancery, Eng., 1509-47. ■"''• \ Bruce, Court of Sessions, Scotland, 1714-5. Br. ^ O. Brownlow and Gouldesborough, Common Pleas, Eng., 1558-1624. Br. N. C. Brooke, New Cases, King's Bench and Chancery Eng., 1515-58. Brae. Bracton De Legibus Et Consuetudinibus Angliae. Bradf. Bradford, New York Surrogates Courts, 1849-57. Bradw. Bradwell, Illinois Appellate Courts, 1877-86. Brayt. Brayton, Vermont Supreme Court, 1815-19. Breese, Illinois Supreme Court, Vol. 1. Brev. Brevard, South- Carolina Constitutional and District Court, 1793-1816. Brews. Brewster, Pennsylvania, various courts, in Chan- cery, 11856-73. Bridg. Sir J. Bridgman, King's Bench, Eng., 1615-20. Bridg. O. Orlando Bridgmart, Common Pleas, Eng., ] 660-7. Bright. Brightley, Court of Nisi Prius, at Philadelphia and Pennsylvania Supreme Court, 1809-51. Bro. O. C. Brown (William), Chancery Cases, Eng., 1778-94. Bro. P. C. Brown, Hou^e of Lords (Parliamentary) Cases, Eng., 1702-78. Brock. Brockenborough, U. S. Circuit Court, 4th Circuit, 1802-36. Broun, Justiciary Cases, Scotland, 1842-5. Brown, Adm. Admiralty, U. S. Courts, AVestern Districts. Brown, N. P. Nisi Prius Cases, Michigan. Browne, Pennsylvania Common Pleas, 1st Judicial District, 1806-14. Bruce, Court of Sessions, Scotland, 1714-15. Brunner, Collected Cases, U. S. Courts, 1791-1880. Buck, Eeports in Bankruptcy, Eng., 1816-20. Bulst. Bulstrode, King's Bench, Eng., 1609-49. Bunb. Bunbury, Exchequer, Eng., 1714-60. Burn. Burnett, Wisconsin Territory, Supreme Court, 1842. Burr. Burrows, King's Bench, Eng., 1756-72. Burr. S. G. Burrows, Settlement Cases, King's Bench, Eng., 1732-76. Busb. Busbee, North Carolina Supreme Court, 1852-3. Busb. Eg. Busbee, North Carolina (Cases in Equity), 1862-3, Bush, Kentucky Court of Appeals, 1866-79. C. "279 CAL C. Oases; Chancellor; Chancery; Chapter; Codex (Juris OivUis) Justinian; Common; Court. C. A. Court of Appeal. C. ^ J. Crompton and Jervis, Exchequer, Eng., 1830-2. C. ^ K. Carrington and Kirwin, Nisi Prius, Eng., 1843-53. G. ^ L. C. C. Cave and Leigh, Crown Cases, Eng. C. ^ M. Crompton and Meeson, Exchequer, 1832-4. C. ^ P. Carrington and Payne, Nisi Prius, Eng, 1823-41. C. B. Chief Baron of the Exchequer ; Common Bench ; Common Bench Reports, Eng., 1845-56. C. B. [N. S.) Common Bench Reports, New Series, Eng., 1856-65. C. C. Chancery Cases ; Circuit Court ; County Court; Crown (or Criminal) Cases. ' C. C. A. County Court Appeals. C C. P. Court of Common Pleas. O. C. R. Crown Cases Reserved. C. E. Canada East. C. J. Chief Justice. C. J. B. Chief Judge In Bankruptcy. 0. L. Mag. Criminal Law Magazine and Reporter, Jersey City, N. J., from 1880. C. L. P. Act. Common Law Procedure Act, 1871, Eng. C. Jj. R. Common Law Reports. C. M. 4" R. Crompton, Meeson, and Roscoe, Exchequer, Eng., 1834-6. C. O. D. Collect on Delivery. A phrase used where no credit is intended C. P. Common Pleas. C. P. D. Common Pleas Division, Law Reports, Eng. C R. ( Carolu , Rex) King Charles I. C. S. Court of Sessions, Scotland ; ( Cusios Roiulorum) Keeper of the Rolls. C. S. A. Confederate States of America. C. S. C. R. Cincinnati Superior Court Reporter, 1870-3. C. W. Canada West. Ca., or Cos. Cases i. (tempore) F., in time of Finch; i. Holt, in time of Holt; t. H., in time or Hardwicke; t. K., in time of King; t. N., in time of Northington ; t. Talb., in time of Tal- bot; B. R., or t. Wm. III., in time of William III. (12 mod.). Ca. Sa. Capias Satisfaciendum (g-v.) Cai. Caines, New York Supremo Court, 1803-5. Cai. Cas. Caines' Cases, New York Court of Errors, 1801-6 Cal. California, Supreme Court, from 1850, CAL 28» CHA Cald. Caldecott, Settlement Cases and Justice of the Peace, Eng., 1776-81. Call, Virginia Court of Appeals, 1797-1825. Calth. Calthorpe, King's Bench, Eng., 1609-18. Cam. S; N. Cameron and Norwood, jforth Carolina Court of Conference, 1800-4. Camp. Campbell, Nisi Prius, Eng., 1807-16. Can. Canada Supreme Court Eeports, from 1876. Can. L. J. Canada Law Journal, 1855-64. Can. L. J. (N. S.). Canada Law Journal, New Series, from 1865. Can. L. T. Canadian Law Times, from 1881. Cap. Chapter, or Title. Gar. ^ K. See C. & K. Car. S; M. Carrington and Marshman, Nisi Prius, Eng., 18^1-2. Gar. Si P. SeeC. &P. Car. H. ^ A. Carrow, Hamerton, and Allen, Magistrate's Courts, 1844-7. Car. L. H. Carolina Law Repository, North Carolina, 1813-16. Carp. Carpmael, Patent Cases, Eng., 1860. Cart. Carter, Common Pleas, Eng., 1664-88. Carth. Carthew, King's Bench, Eng., 1688-1700. Gary, Chancery, Erfg., 1558-1603. Gas. B. R. Cases in King's Bench t. Wm. III. (12 mod.). Gas. C. L. Cases in Crown Law. Cos. L. S; Eq. Cases in Law and Equity (10 mod.). Gas. P. Cases in Parliament. Cos. Pr. C. P. Cases of Practice, Common Pleas, Eng. Gas. Pr. K. B. Cases of Practice, King's Bench, Eng., 1732-60. Casey, Pennsylvania State Supreme Court, Vols, 25-86. Cent. L. J. Central Law Journal. Gf. ( Gonjer.) Compare. Ch. Chancery. Ch. Cas. Chancery Cases, Eng,, 1660-88. Ch. Cas. Ch. Choice Cases in Chancery, Eng., 1557-1606. Ch. Cas. Sp. Special Cases in Chancery, Eng., 1669-93. Ch. Pre. Precedents in Chancery, Eng., 1689-1723. Ch. R. Reports in Chancery, Eng., 1675-1721. Chand. Chandler, Wisconsin Supreme Court, 1849-51. Gharlt. Charlton T. U. P. Georgia Supreme Courts, 1805-10. Charlt. R. M. Charlton R. M., Georgia, 1811-37. - Ghas. Charles I., Eng. Chase's Dec. Chase's Decisions, TJ, S. Circuit Court, Fourth Circuit, 1865-9. CHE 281 COO Cheves, South Carolina Court of Appeals, at Law, 1839-40. Cheves, Ch., or Eq. South Carolina Court of Appeals, in Equity, 1839-40. Chip D. D. Cbipman, Vermont Supreme Court, 1789-1824. Chip. N. N. Chipman, Vermont Supreme Court, 1789-1791. City H. See. City Hall Recorder, New York, Criminal, 1816-1821. Civ. Fro. Rep. Civil Procedure Eeports, New York, various courts, from 1881. CI. i F. Clark and Finnelly, House of Lords, Eng., 1831-46. Clark, Ch. New York Court of Chancery, 1839-41. Clarke (la.), Iowa Supreme Court, Vols. 1-8. Clay Clayton, York Assize, Nisi Prius, Eng., 1651. aiff Clifford, U. S. Circuit Court, 1st Circuit, 1858-78. Cliff. S; S. Clifford and Stephens, Referee's Court in Parlia- ment, Eng., 1867-72. Co. Coke, King's ^ench. and other courts, Eng., 1568-1611. Co. hist. Coke's Institutes, 1, 2, 8, and 4. Co. Lit. Coke on Littleton. Coch. Cochran, Nova Scotia Law Eeports, (N. S.) 1859. Cock $ R. Cockburne and Eowe,Elaction Cases, Eng., 1833. Cod Jur. Oiv. Codex Juris Civilis. Code Rep. The Code Eeporter, New York, various courts, 1848-51. Code R. (N. S.). Code Eeports, New Series, New York, va- rious courts, 1851. Col. ^ C. Coleman and Caines' Cases, New York Supreme Court, 1794-1805. Col. Gas. Coleman's Cases, New York Supreme Court, 1793- 1800. Col. C. C. Collyer's Chancery Cases, 1S44-6. Cold. Coldwell, Tennessee Supreme Court, 1860-70. Coll. CoUes, Cases in Parliament, House of Lords, Eng., 1697-1713. Colo. Colorado Territory and State Supreme Court, from 1864. Com. Common; Commissioner; Commentaries. Comb. Comberbach, King's Bench, Eng., 1685-99. Comst. Comstock, New York Court of Appeals, Vols. 1-4. Comyn, King's Bench, Eng., 1695-1739. Con. ( Contra.) Against, on the other hand. Con. ^ L. Conner and Lawson, Chancery, Ireland, 1841-3. Cong. Congress. Conn. Connecticut Supreme Court of Errors, from 1814. Cooke, Tenneasee, various courts, 1811-14. coo 282 D. Cooke ^ A. Cooke and Alcock, King's Bench, Ireland, 1833-4. Coop. O. a Cooper's Chancery Cases, Eng., 1837-8. Coop. Gh. Cooper, Tennessee, Court of Chancery. Coop. t. Brough. Cooper, Cases in time of Lord Brougham, 1833-4. Coop. t. CoU. Cooper, Cases in time of Lord Cottenham, 1846-7. Coop. t. Eld. Cooper, Cases in time of Lord Eldon, 1792-1815. XJorb. ^ D. Corbett and Daniel, Election Cases, Eng., 1819. Coup. (&.). Couper, Scotch Justiciary, 1871 . Cow. Cowen, Ne w York Supreme Court and Court of Errors, 1823-8. Comp. Cowper, King's Bench, Eng., 1774-8. Cox, Chancery, Eng., 1783-96. Cox G. C. Cox's Criminal Cases, Eng., 1843-75. Goxe, New Jersey Law, Vol. 1, 1790-6., Or. is Ph. Craig and Phillips, Chancery, Eng., 1840-1. Gr. 4" St. Craigie and Stewart, Scotch Appeals, House of Lords, 1726-1821. • Grabbe, U. S. District Court, Eastefrn District of Tennsyl- Tania, 1836-46. Granch, U. S. Supreme Court, Vols. 5-13. Granch, G. G. Cranch, TJ. 8. Circuit Court for District of Columbia, 1801-41. Craw. ^ D. Crawford and Dix, Circuit Cases, Ireland, 1837-46. Craw. & D., Ab. G. Crawford & Dix, Abridged Cases, Ireland, 1837-8. Grim. Con. Criminal Conversation ; Adultery. Orim. L. Mag. Criminal Law Magazine, Jersey City, N. J. from 1880. OipjOs,~^Ecclesiastieal Courts, Eng., 1846-9. Oro. Croke, Queen's Bench and King's Bench, Eng., 1581- 1641 (sometimes refers to Keilwey's Beports, published by Serjeant Croke). a. of CI. IT. S. Court of Claims, from 1863. Cunn. Cunningham, King's Bench, Eng., 1733-6. Curt. Curtis, U. S. Circuit Court, 1st Circuit, 1851-6. Curt. E. R. Curteis, Ecclesiastical Eeports, Eng., 1834-44. Gush. Cashing, Massachusetts Supreme Court, Vols. 55-66. Oushm. Cushman, Mississippi High Court of Errors and Appeals, Vols. 23-9. D. D. (^Diem). Day, Dictum, Digest [Juris Civilis), District, Division. D. & C. 288 D E G D. ^ a Deacon & Ohitty, Bankruptcy, Eng., 1832-5. X>. J L. Dowling& Lowndes, various courts, Eng., 1844-8. D. 4" M. Davison and Merivale, Queen's "Bench, Eng., 1843-4. D. ^ R. Dowling and Eyland, King's Bench, Eng., 1822-8. D. J R. {N. P. C). Dowling and Ryland, Nisi Prius Cases, Eng., 1822-3. D. (N. S.). Dowling; Common Bench, Eng., New Series, 1841-2. D. G. District Court; District of Columbia. D- G. [Dei Oratia.) By the grace of God. p. P. ( Domus Procerum. ) House of Lords. • D. T. or Dak. Dakotah Territory Supreme Court, from 1861. Dal. Dalison, Common Pleas, Eng., 1486-1580. DaU. Dallas, V. S. Courts and Courts of Pennsylvania, 1754-1806. Dalr. Dalrymple's pecisions, Court of Session, Scotland, 1698-1720. Daly, New York Court of Common Pleas, from 1859. Dan. Daniel, Exchequer, Equity, Eng., 1817-19. Dana, Kentucky Court of Appeals, 1833-40. Dan. ^ LI. Danson and Lloyd's Commercial Cases, King's Bench, Eng., 1828-9. Dav. Davey, Common Law Reports, Ireland, 1604^-11. Daveia, TJ. S. District Court, Maine, 1839-49. Day, Connecticut Supreme Court of Errors, 1802-13. Dea. Deane, Admiralty and Ecclesiastical Courts, Eng., 1855-6. Dea. ^ Sw. Deane and Swabey, Probate and Divorce, Eng. Deac. Deacon, Bankruptcy, Eng., 1836-9, Deae. ^ Chit See D. & C. Deady, V. S. District Court, Oregon, 1859-69. Dears. ^ B. Dearsley and Bell, Crown Cases Reserved. Eng., 1856-8. Dears. G. G. Dearsley, Crown Cases, Eng., 1852-6. Deas ^ A. Deas and Anderson, Court of Session, Scotland, 1829-32. Deft. Defendant. De G. De Gex, Bankruptcy, Eng., 1845-8. De G., F. S; J. De Gex, Fisher and Jones, Chancery and Bankruptcy Appeals, 1859-62. De G. S; J. De Gex and Jones, Chancery and Bankruptcy Appeals, 1857-9. De G., J. Sf S. De Gex, Jones and Smith, Chancery and Bankruptcy Appeals, 1862-5. DEGt 284 DRI De G., M. ^ G. De Gex, Macnaghten and Gordon, Chan- cery and Bankruptcy Appeals, 1851-7. De 6. ^ Sm. De Gex and Smale, Chancery and Bankruptcy Appeals, 1846-52. Del. Delaware Supreme Court, from 1855. Del. Delane Election Cases, Eng., 1836. Del. Ch. Delaware Court of Chancery, 1814-73. Dem Demarest, Surrogate's Court, N. T., from 1882. De- mise, i.e., on the demise of. Den, C. G. Denison, Crown Cases, Eng., 1844^52. Denio, New York Supreme Court and Court of Errors, 1845-8. • Dep. Department; Deputy. Desau. Desaussure, South Carolina Court of Chancery and Court of Appeals, 1784-1816. Dev. Devereux, North Carolina Supreme Court, at law, 1826-34. Dev. Eg. Devereux, North Carolina Supreme Court, in Equity, 1828-34. Dev. 4" B. Devereux and Battle, North Carolina Supreme Court, at law, 1834-9. Dev. ^ B. Eq. Devereux and Battle, North Carolina Supreme Court, in Equity, 1834-9. Dev. Ot. Gl. Devereux, U. S. Court of Claims, 1856. Dick. Dickens, Chancery, Eng., 1559-92. Diet. {Dictum) a judicial opinion ; Dictionary. Diet, of Dec. Dictionary of Decisions Court of Session, Scotland (Morison and others), from beginning to 1822. Dill. Dillon, TJ. 8. Circuit Court, Eighth Circuit, 1871-80. Dirl. Dirleton, Court of Session, Scotland, 1665-77. Dia. Disney, Cincinnati Superior Court, 1854-9. Dist. District. Do. {Ditto.) The same. Dod. Dodson, Admiralty, Eng., 1811-22. Dom. Proc. {Domus Procerum.) House of Lords, Eng. Doiig. Douglas, King's Bench, Eng., 1778-84. Doug. E. G. Douglas, Election Cases, Eng., 1775-6. Doug. {Mich). Douglass, Michigan Supreme Court, 1843-7. Dow, House of Lords, Eng., 1812-18. Dow ^ G. Dow and Clark, House of Lords, Eng., 1827-32. Dowl. Pr. G. Dowling's Practice Cases, various courts, Eng., 1830-42. Dra Draper, King's Bench, Upper Canada, 1829-31. Drew Drewry, Chancery, Ireland, 1852-9. Drew. ^ Sm. Drewry and Smale, Chancery, Ireland, 1859-65. Drink Drinkwater, Common Fleas. Eng. t> R XT 285 EL. &: E. Dru. Drury, Chancery, Ireland, 1843-4. Bru. S; Wal. Drury and Walsh, Chancery, Ireland, 1837-40. Dru.lg War. Drury and Warren, Chancery, Ireland, 1841-3. Dru. Sel. Cos. Drury, Belect Cases in Chancery, Ireland, 1868-9. Dud. (Oa.) Dudley, Georgia Superior.Courts, 1880-3. Darf. (S. C.) Dudley, South Carolina Court of Appeals, at law, 1837-8. Dud. Eq. Dudley, South Carolina Court of Appeals, in Equity, 1837-8. Duer, New York City Superior Court. Vols. 8-13. Dunl. B. ^ M. Dunlop, Bell and Murray, Court of Session, Scotland, 1838-62. Durie, Court of Session, Scotland, 1621-42. Durn. ij- E. Durnford and East, Term Reports, King's Bench, Eng., 1785-1800. Dutch. Dutcher, New Jersey Law Reports, Vols. 25-29. Diiv. Duvall, Kentucky Court of Appeals, 1856-6. Dun. (Can.). Canada Supreme Court, from 1876. Dy. Dyer, King's Bench, Eng., 1613-82. E. E. East; Eastern. E. ^ A. Ecclesiastical and Admiralty Division, Law Re- ports. E. ^ Ir. App. Ga. English and Irish Appeal Cases, House of Lords, Eng., from 1865. E. i; O. E. Errors and Omissions Excepted ; a phrase used in qualifying a receipt, or statement of account, to cover slight mistakes. E.g. {^Exempli gratia), toT ei's.a.mrp\&. Eag. ^ V. Eagle & Younge, Tithe Cases, Exchequer, Eng., 1204^-1820. East, King's Bench, Eng., 1801-12. E!ee. or Eeel. Ecclesiastical. Ec. or Eccl. ^ Adm. See B. & A. Ed. Edition; Edward. T ,'■ Eden, Chancery, Eng., 1757-66. Edm. Edmonds' Select Cases, New York Courts. Edw. Edward I. of England. Edw. Adm. Edwards, Admiralty, Eng., 1808-10. Edw. Ch. Edwards, New York Vice Chancellor's and Supreme Court, 1831-50. El. # B. Ellis and Blackburn, Queen's Bench, Eng., 1852-8. El. Is E. Ellis and Ellis, Queen's Bench, Eng., 1858-61. EL. B. 286 P L A El, B. ^ E. Ellis, Blackburn & Ellis, Queen's Bench, Eng., 1858-60. EL, B. ^ S. Ellis, Best and Smith, Queen's Bench, Eng. Elehie, Faculty Collection, Court of Session, Scotland. Eliz. Queen Elizabeth. Eng. England; English. Eq. Equity ; Equity Division, Law Reports and Law Journal. Eq. Ca. Abr. Equity Cases Abridged, Anonymous, Eng., 1732-69. Eq. R. Equity Keports, Eng., 1855-6. Er. Error. Esp. Espinasse, Nisi Prius, Eng., 1793-1810. Esq. Esquire. Ei al. (Et alii, aliae, alios), and others. Etc. (Et cetera), and so forth. Et seq. [Et sequentes, sequentia), and the following. Ex. Exchequer ; Exchequer Keports by Welsby, Hurlstone and Gordon, Eng., 1847-56. Ex. Ch. Exchequer Chamber. Ex. D. Exchequer Division, High Court of Justice, Eng. Exr. Executor. _ Exrx. Executrix. F. F. ^ F. Poster and Einlason, Nisi Prius, Eng., 1858-67. F. O. B. ITree On Board; a phrase used in contracts of sale indicating that the seller is to deliver the goods on board cars or ship directed to the vendee, who pays freight. Fac. Dee. Faculty Decisions, Court of Session, Scotland, 1752-1848. Fair}. Fairfield, Maine Supreme Court, Vols. 10-12. Falc. Falconer, Court of Session, Scotland, 1681-6. Fale. ^ F. Falconer and Fitzherbert, Election Cases, 1837-8. Far. Farresley (7 Mod. Rep.) Fed. Rep. Federal Reporter, U. S. Circuit and District Courts, from 1880. Ferg. Ferguson, Scotch Consistory, 1811-17 Fi. fa. Fieri facias \q.v.) Finch, H. Chancery, Eng., 1673-80. Finch, T. Chancery, Eng., 1689-1722. Fish. Fisher's Patent Cases, XT. S. Circuit and Supreme Courts. Fish. Dig. Fisher's Digest, all courts, Eng., from 1756. FUz O. Fitz Gibbon, King's Bench, Eng., 1728-32. F'la. Florida Supneme Court, from 1846. FLA 287 G L A Flan. S[ K. Flanagan and Kelly, Kolls Court, Ireland, 1840-2. Mippin, U. S. Circuit Court, Sixth Circuit, 1877-80. Fo. or Fol. Folio. Fogg, New Hampshire Supreme Court, Vols. 32-37. Fonbl. Fonblanque, Bankruptcy, Eng., 1849-51. Forb. Forbes, Court of Session, Scotland, 1705-13. For. Forrester, Cases, time of Talbot, Eng., 1734-8., Forrest, Exchequer, Eng., 1800-1. Forst. Forster, Crown Cases, Ireland, l767. Fort. Fortescue, various courts, Eng., 1704-36. Fost. Foster, Crown Cases, Eng., 1743-61. Fosi. (N. H.) Foster, New Hampshire Supreme Court, Vols. 21-dl. Fount. Fountainhall, Court of Session, Scotland, 1678-1812. Fox (J- S. Fox & Smith, King's Bench, Ireland, 1822-4. Fras. Eraser, Election Cases, Eng., 1790-1. Freem. Freeman, King's Bench, Eng., 1670-1704. Freem. Ch. Freeman, Chancery, Eng., 1660-1706. Freem. (Miss.) Ch. Freeman, Mississippi Superior Court of Chancery, 1839-43. G. G*. ^ J). Gale and Davison, Exchequer, Eng., 1841-3. Benigne faciendae sunt interpretationes, propter simpUcitatem laicorum,, ui res magis valeat guam pereat; el verba intentioni, non e contra, debent inservire ; in construing written instru- Sen 813 c L A ments some latitude of interpretation must be allowed on account of the want of technical knowledge in the general public, so that the instrument may rather bo upheld than come to nought; and words ought to subserve the intention, not the reverse. Benignior senienUa, in verbis generalibus aeu dubiis est prae- ferenda : .the more liberal meaning of general, or doubtful, words is to be preferred. Bis dot qui cito dat : he gives double who gives promptly. Bona fides ecoigit ui quod convenit fiat : good faith requires that what is agreed upon should be done. Bona fides non patitur, ut bii idem exigatur : good faith does not suffer that payment should be twice exacted for the same thing. ^oni judieis est ampliare juriadictionem : it is the duty of a good judge to entarge his jurisdiction; i.e., to amplify the remedies of the law and apply its rules to the advancement of substantial justice; BorCi judieis est causas litium dirimere ei interest reipublicae ut sit finis litium: it is the duty of a good judge to prevent litigation ; and it is for the benefit of the state that there should be an end of lawsuits. Bonus judex secimdum aeqwwm et bonumjudicai, ei aequitatem stricto juri praefert : a good judge decides according to equity and right, and prefers equity to strict law. Casus omissus et oblimoni datus dispositioni communis juris relinquHur : a case omitted and forgotten [in framing a law] is left to the disposal of the common law. Causa proximo, non remota speetaiur : the immediate, not the remote, cause is to be regarded. Caveat emptor; qui ignorare non debuit quod jus alienum emit: let the buyer beware; who ought not to be ignorant that he is buying another's rights. Cerium est quod cerium reddi potest : that is certain which can be rendered certain. Cessanie causa, cessat effecius : the cause ceasing, the effect ceases. Cessanie raiione legis, cessat ipsa lex : the reason of the law ceasing, the law itself ceases. Chirographum apud debitorem. repertuin praesumitur soluium : a bond.found with the debtor is presumed to be paid. Circuitus est eviiandus : circuity is to be avoided. Clausula generalis de residtw non ea compleciitur quae non ejusdem sini generis cum iis qy,ae speciaiini dicta fueruni : a general clause concerning the residue does not comprehend OLA 314 ■ CON those things which are not of the same kind with those which have been specially expressed. Clausula quae abrogaiionem excludii ab initio non valet : a clause' [in a law] which precludes its repeal is invalid from the beginning. Claustdae inconsuetae semper inducunt suspidonem : unusual clauses always excite suspicion. . - Gogitaiionia poenam nemo patitur : no one suffers punishment for his thoughts. Commodum ex injuria sua nemo habere debet : no person ought to derive benefit from his own wrong. Communis error faeit jus : a common error makes (or be- comes) law. Concessio versus concedentem latam interpreiationem habere debet: a grant ought to have a liberal interpretation (or be strictly construed) against the grantor. Conditio illicita habetur pro non adjicta : an unlawful condi- tion is held as not annexed. Conditio praecedens adimpleri debet priusguam, seqtmtur ef- fedus: a condition precedent must be fulfilled before the* effect can follow. Gonditiones guaelibei odiosae; maxime autem contra matri- monium, et commercium: any conditions are odious; but espe- cially those against marriage and commerce. Confessio facta in judicio omni probatione major est : a con- fession made in court is of greater effect than any proof. Confirmare nemo potest priusguam jus ei acdderit : no one can confirm before the right accrues to him. Corifirmatio om.nes supplet defectus, licet id guod actum est ab initio non valuit : confirmation supplies all defects though that which was done was not valid at the beginning. Confirmat usum gui tollit abusum: he confirms a use who checks an abuse. Consensus facit 'legem, : consent makes the law ; i.e., the agreement of the parties is the law between them. Consensus, non concubitus, facit matrimonium : consent, not cohabitation, constitutes marriage. Consensus tollit errorem: consent removes or obviates mistake. Consentientes et agentes pari poena pleciantur : those con- senting and those perpetrating are liable to equal punishment. Consentire videtur gui tacet : silence gives consent. Gonstructio legis non facit injuriam : the construction of the law does (i.e., should be made to do) no injury. Consuetudo est optimus interprei legum: custom is the best expoundei; of the laws. CON 316 C U L Gonsuetudo ex certa causa rationabili usitaia privat dom- munem legem : a custom founded on a certain ancl reasonable ground supersedes the common law. Oonsaetiido lod est observanda : the custom of the place is to be observed. Gontemporanea exposiiio est optima et fortissima in lege: a contemporaneous interpretation is the best and most authorita- tive in the eye of the law. Gonira non valentem agere nulla currit praeseripiio : no prescription runs against a persdn under disability. This- maxim is only true within certain limits fixed by the Statutes of Limitation. Contractus ex turpi causa vel contra honos mores, nuUus : a contract arising out of a base consideration, or against morality, is null Conveniio mncit legem: an agreement prevails against any implication of law. Copulatio verborum indicat acceptationem in eodem sensu: the coupling of words together indicates that they are to be understood in the same sense. Cui licet quad majus non debet quod m,inus est non licere : he who has authority to do the more important ought not to be prohibited from doing that which is less important. Ouicungu« aliquis quid concedit, concedere videtur et id, sine quo -res ipsa esse non potuit: whoever gaitnls any thing to another is supposed to grant that also without which the thing itself would be of no use. See Way of necessity, Ouilibet in arte sua perito est credendum: every skilled per- son is to be believed with reference to his own art. See Expert. Cujus est commodum egus debet ftsse incom.modum : he who has the advantage should also bear the disHdvuntage. Cujus est dare ejus est disponere : whose it is to give, his it is to regulate the manner of the gift. Cujus est divisio alierius est electio : when one party has the division, the other has the choice. Ci'jus est instituere ^us est abrogare : he that legislates may also abrogate. Cujus est solum ejus est usque ad coelum et ad inferos : he who owns the surface soil owns also {prima facie) up to the sky above it, and the center of the earth beneath it. Under the former would be included buildings; under the latter, minerals. Culpa lata dolo aequiparaiur : gross negligence is held equiv- alent to intentional wrong. Culpae poena par esto: let the punishment be proportioned to the crime. Cum 316 DOW Cum eonfttente sponte mitius est agendum: one confessing willingly should be dealt with more leniently. Cum duo inter se pugnantia repertuniurin iestamento ultimum. ratum est : where two things repugnant to each other are found in a will, the last prevails. Dans et reiinens nihil dat: giving and retaining [possession] gives nothing. De jure judices, de facto juratores, respondent: the judges answer concerning the law, the jury concerning the facts. De minimis non curat lex: the law takes no account of trifles. 'De non apparentibus et non existentibus eadem, est ratio : con- cerning things which do not appear, the law is the same as concerning things which do not exist. Debet esse finis litium: there ought to be an end of law suits. Debita.sequuniur personam debitoris : debts follow the person of the debtor. Debitor non presumitur donare : a debtor is not presumed to give. "A man must be just before he is generous." Delegatus non potest delegare : a delegate can not delegate ; i.e., the person to whom an office, or a duty, is delegated, e.^. an attorney, director, or trustee can 'not lawfully devolve the duty upon another, unless he be expressly authorized to do so. Delicatus debitor est odiosus in lege : a luxurious debtor is odious in the eye of the law. Derivaiiva poiestas non potest esse major primitivd : the de- rivative powef can not be greater than the primitive. Deus solus haeredem facere potest, non homo : God alone, and not man, can make an heir; i.e., heirship is matter of birth, not of grant., ^ Dies dominicus non estjuridicus : Sunday is not a judicial day. Dies inceptus pro compleio habetur : a day begun is held as complete. Dolosus ' versatur in generalibus : he who wishes to deceive uses geperal, or ambiguous terms. Dolus, attaioris non nocei successori: the fraud of a predeces- sor prejudices not his successor. Dolus circuitu non pwrgatur : fraud is not purged by circuity. Domus sua cuique est tutissimum refugium : to every one his own house is the safest refuge. " Every man's house is his castle." - Dona clandestina sunt semper suspiciosa : clandestine gifts are always suspicious. Donatio non praesumiiur : a gift is not presumed. Donatio perficttur possessions ac&ipientis : a gift is perfected by possession of tlia receiver. DOB 817 EXP Doitniunt gMquando leges, nunquam moriuniur : the laws sometime sleep, never die.- Duo non possunt in tolido unam rem possidere : two can not possess the whole of one thing in its entirety. Ei incumbii proiatio, qui didt, non qui negat : the proof lies upon him who affirms, not upon him who denies. £/ms est periculum cujus est dominium aut commodum : he who has the dominion or advantage has the risk. Iljus nulla culpa est cui parere necesse sit : he is not in any fault who is bound to obey. Electio semel facta non paiiiur regressum: election once made can not be recalled; i.e., if made deliberately, and with full knowledge of the circumstances. See Quod semel, etc. Emptor emit quam minima potest, venditor vendit quam maxima potest: the buyer buys for as little as possible; the seller sells for as much as possible. Ex antecedentihus et eonaequentibus fit. optima inferpreiatio ; the best interpretation is made from the context. Ex dtuturniiate temporis omnia praesumuniur rite esse acta : after a-lapse of time every thing is presumed to have been properly done. Ex dolo malo non oritur actio : no right of action can arise out of a fraud. Ex nudo pacto non oritur actio : from a nude contract, (i.e., one not supported by consideration) no right of action can arise. Ex turpi causa non oritur actio ; from an immoral cause, (i.e., on a contract founded on an immoral consideration), no right of action can arise. ExcepUo probat regulam de rebus non exceptis : an exception proves the rule concerning things not excepted. Exempla illustrant non restringunt legem : examples illus- trate, but do not restrain the law. Ehypedit reipublicae ne sua re quis male utetur : it is for the public good that no one use his property badly. Expedit reiptiblicae ut sit finis litium : it is for the public good that there be an end of litigation. Experientia docet: experience teaches. Expressio eorum quae taciie insunt nihil operatur; the ex- pression of those things which are tacitly implied has no effect. Expressio unius est exclusio alterius: the mention of one is the exclusion of another; i.e., by particularizing one or more members of a class, or objects of a group, an intention may be indicated to exclude the rest. Expressum /acit cessare taciturn : what is expressed makes EXT 318 BEN what is silent to cease; i.e., where we find an express declara- tion we should not resort to implication. Extra legem, positus est eivilUer mortuus : he who is placed out of the law is civilly dead. Extra territorium jus dicenti impune non paretur : one exer- cising jurisdiction out of his territory can not be obeyed with impunity. Facta sunt potentiora verbis: deeds are more powerful than words. Factum a judice quod ad ejus affieium non spectat, non ratum est: an action of a judge which relates not to his office, is of no force. Falsa demonstraiio non nocet: false description does not vitiate; e.g., a legacy or devise. See Nihil fadi, etc. Falsa orthographia, sive falsa grammatica, non vifiat conces- sionem: bad spelling or bad grammar does not vitiate a grant Falsus in uno, falsus in omnibus: false in one thing, false in all. Fatetur f acinus qui judicium fugit : he who flees judgment confesses his guilt. Fiat justitia, ruat caelum : let right be done, though the heavens should fall. Fictio legis inique operatur alicui damnum, vel injuriam : a legal Action does not properly work loss or injury. Pof in- stances of legal fictions, see Ejectment; Seduction; Tro'ver. Fieri non debuii, sed factum valet : it ought not to have been done, but being done it is binding; e.g., a marriage without proper consents. Fractionem, diei non redpit lex : the law does not take notice of a portion of a day. When therefore a thing is to be done upon a certain day, all that day is allowed to do it in. Excep- tions to this rule are, however, allowed in cases of necessity, and for the purposes of justice, and in cases of documents registered on the same day priority of registration may be shown by the numbers or the like. Fraus est celare fraudem : it is fraud to conceal fraud. Fraus laiet in generalibus ; fraud lies hid in general expres- sions. Frustra fit per plura, quodfieri potest per pauciora : that is needlessfy done by many (words) which can be done by less. Frustra probatur quod probatum non relevat : it is useless to prove'that which, when proved, is not relevant. Furiosi nulla voluntas est: a madman has no free will; i.e., he is not criminally responsible. Furtum non est uii iniiiutn hahet deteniionis per dominum ret; tb^re is no theft where the origin of the possession was GEN 319 INF with the consent of the owner; i.«., where the original posses- sion is lawful, as in the case of a bailee. Oeneralia specialibus non derogant: general words do not derogate from special. Qrammaiiea falsa non mttat chartam: false grammar does not vitiate a deed. Haerediias nunguam ascendii : inheritance never ascends. This maxim of the feudal law has been deprived of its force by the statutes of England and the various states regulating descents. Haeres legiiimus est quern nuptiae demonsirani : he is the lawful heir whom the marriage proves to be so. Id cerium est quod cerium reddi potest : that is certain which can be reduced to a certainty. Idem est non esse et non apparere: not to be and not to appear are the same; i.e., in the law of evidence, where he on whom the onus of proving an affirmative fails in such proof, the contrary is presumed, though there be no evidence in sup- port of that presumption. Ignoraniia facti excusat, ignoirantia juris iion excusat: igno- rance of the fact excuses; ignorance of the law excuses not; inasmuch as every one is held to be cognisant of it; quod quisque tenetur scire. Imperitia culpae adnumeraiur: want of skill (in one proffess- " ing to haVe it) is accounted a fault. Impoteniia excusat legem: impossibility is an excuse at law. Impunitas semper ad deteriora invitat: impunity always invites to worse faults. In aequaU jure melior est conditio possidentis : where the • rights are equal, the condition of the possessor is best. In aliernativis electio est debitoris ; in alternatives the debtor has the election. In consimili casu, co7isimile debet esse Temedium : in similar cases the remedy should be similar. Ineontractibus tacite insunt quae sunt maris et consueiudinis : in contracts matters of custom and general usage are implied. hi conventionibus conirahentium voluntas pottus quam verba spectari placuit: in agreements, the intention of the parties should be regarded rather than the words actually used. In dubCo hacc leqis constructio ^uam verba ostendunt : in a doubtful case, the construction which the words point out is.the "construction given by the law. Iiidabio pars melior est sequenda: in a doubtful case the gent'er course is to be pursued. In fictUme juris semper aequitas existit: in legal fictioils there is always an inherent equity. See Fiction. IN J 320 JITD Injure, non remoia causa, sed proxima speciaiur : in law, the proximate, and not the remote cause is to be- regarded. hi mal^ciis voluntas speciatur non e.xitus : in criminal acts the intention is to be regarded, not the result. In odium spoliatoris omnia praesum-untur ; all things are presumed against a spoliator; i. e., one who destroys evidence. In pari delicto, potior est conditio possidentis [or defendentia] : where both parties are equally in the wrong, the possessor [or defendant], has the better position. ■ In propria causa nemo judex sit : no one should be a judge in his own case. In re comm.uni potior est conditio prohibentis : in a partner- ship, the partner who forbids a change has the better right; i.e., where the voices are equally divided. In societatis coniraciibus fides exuberet: the strictest good faith must be observed in partnership transactions. In traditionibus ehartarum non quod dictum sed quod factum est inspicitur: in the delivery of deeds, regard rinust be had, not to what was said at the time, but to what was done. See Escrow. Inclusio unius est exelusio alterius : the inclusion of one is the exclusion of another. See Expressio. Incommodum non solvit argumentum : inconvenience does not destroy an argument. Index animi sermo : speech is the index of the mind. Iniquum est aliquem rei suae essejudicem : it is unjust for any one to be judge in his own case. Injuria non excusat injwriam : one wrong does not justify another. Injuria non praesumitur: injury is not presumed. Intentio imponit nomen operi : the intention gives the name to the act. . Interest reipublicae ut sit finis litium: it is for the interest of the state that there should be an end of litigation. See Limitation of Actions; Maintenance. Interpretatio talis fienda est ut res magis valeat quam pereat: such an interpretation is to be adopted, that the thing may , rather stand than fall. See Benigne, etc. ' Interpretatio talis [in) ambiguis semper fienda est, ut evitetur inconveniens etabsuraum: in doubtful matters, such an inter- pretation is to be adopted that inconsistency and absurdity may be avoided. Invito ienefieium, non datur : a benefit can not be forced on one who is unwilling to receive it. Judex aequitatem semper spectari debet: a judge ought always to aim at equity. J U D 321 LEX Judieandum eat legibus non exemplis : we should judge by tlie laws, not precedents Judices not> ienentur exprimere causam senieniiae suae : jadgei are not bound to explain the reason of their judgments Judicia posterioro suni in lege foriiora : the later decisions are the stronger in law. Judicis est judicare secundum allegata ei probata ; it is the duty of a judge to decide according t6 facts alleged and proved. Judicis est jus dicere non dare; it is for a judge to administer, not to make laws Judicium a non sua judice datum, nulliua est m^menti: a judgment rendered by one not a proper judge is of no weight. Jura eodem mqdo desiituuntur qv-o eonstituuntur : laws are abrogated in the same manner in which they are made. Juratorea sunt judices facii; jurors are the judges of fact. Juri pro se introducio euique licet renunciare: every man may renounce the benefit of a stipulation inserted in his favor. Jms accrescendi inter mercatores locum non habet, pro beneficio commercii: the right of survivorship does not exist among mer- chants, for the benefit of commerce. Jtis accrescendi praefertur oneribus ei ultimae voluntati : the right of survivorship prevails against any attempt by a joint tenant to incumber or devise his interest. Jus ex injuria non oritur ; a right can not arise out of wrong- doing. Jus publicum, privatorum pactis muiari non potest : a public right can not be altered by the agreements of private persons. Lata culpa dolo aeguiparatur ; gross negligence is tanta- mount to fraud. Leges posterior es priores contrarians abrogant : later laws abro- gate prior contrary laws. Le salut du peuple, est la supreme loi : the safety of the peo- ple is the supreme law. Leges vigilantibus, non dormientibus auJyveniunt : the laws aid the vigilant, not those who sleep on their rights. Legis inierpretatio legis vim obtinei : the interpretation of law obtains the force of law. Lex citius tolerare vult privatum damnum quam piiblicum. nudum: the law will more readily tolerate a private loss than a public evil Lex dilationea exhorret : the law abhors delays. Lex judicai de rebus necessarie faeiendis quasi re-ipsa factis : the law judges of things which must necessarily be done, as if actually done Lex nil facit frasira ; niljubet frustra: the law does nothing in vain ; commands nothing in vain. LEX 822 M I N Lex non cogit ad impossibilia : the law does not compel im- possibilities. See Impossibility , Lex rum curat de minimis : the law cares not about trifles. Lex nonfavei delicatorum votis: the law favors not the wishes of the dainty. In deciding whether an alleged nuisance should be restrained by injunction, the court considers whether it is such as would materially inconvenience persons of ordinary, not fastidious, habits. Lex prospidt rum respicit : the law looks forward, not back- ward; i.e., statutes are not, as a rule, retrospective. Lex respieit aequitatem : the law pays regard to equity. Lex semper dabii remedium : the law will always furnish a remedy. Lex spectai naturae ordinem ; the law has regard to the order and course of nature. Linea recta semper praefertur transversali ; the direct line is always preferred to the collateral. Locus regit actum. The place governs the act ; that is, the validity of a legal transaction is, by international comity, usually governed by the law of the place where it was con- cluded. Magis de bono guam de malo lex intendit : the law favors a good (i.e., lawful) rather than a bad construction. Majus dignum trahit ad se minus dignum : the more worthy draws to -itself the less worthy. Mala grammatica non vitiai chariam : bad grammar does not vitiate a deed. Maledicta expositio quae corrumpit textum : it is a cursed ex- position which corrupts the text. Malitia supplet aeiatem: Malice supplies [the want of] age. Between seven and fourteen years of age an infant is presumed to be incapable of a criminal intention, but the contrary may be proved. Malus usus est abolendus: an evil custom should be abolished. Melior est conditio defendentis, or posideniis : the condition of the party in possession is the better one; i.e., where the right ofthe parties is equal Possession is nine-tenths of thelaw. Melius est petere f antes quam sectari rivulos: it is better to go to the fountain head than to follow streamlets from it. This applies especially to quotations, extracts, and conclusions de- duced from leading cases and authorities. Mens tesiatoris in testameniis spectanda est : in wills the in- tention ofthe testator is to be regardid. Minatur innocentibus qui pardt nocentibus : he threatens the innocent who spares the guilty. Minima muianda sunt quae certam habent interpreiationem : MIS 323 N E SI things which have a certain interpretation are to be altered as little as possible. This applies especially to conveyancing terms. Misera eat servitus uhijita est vagum aut ineertu/m: wretched is the slavery where the law is changeable or uncertain. Mobilia seguuntur personam; movables follow the person. In accordance with this maxim, personal assets of an intestate are distributed according to the laws of the country where be is domiciled, not of that where they are situate. Modus et eonventio vincunt legem: the form of the agreement and consent overrule the law. Multa non vetat lex, quae tamen tadte damnavit : fhe law for- bids not many things which yet it has silently condemned. Muliiiudo imperitorum perdit curiam: a multitude of igno- rant practitioners destroys a court. Necessitas non habet legem : necessity has no law. Necessitas puhlica major eat quam privata : public necessity is stronger than private. Necessitas quod cogit, defendit : necessity defends what it compels; e.g., acts necessary for self-preservation. Necessitas sub lege non conlinetur, quia quod alias non est licHum neceaaitas facit licitum: necessity is not limited by law ; since, what otherwise is not lawful, necessity makes lawful. Necessitas vincit legem : necessity overcomes law. Ne Htes sint immortales dum litantes sunt inortalea : let not law suits last forever, seeing that the litigants are but mortal. Nemo agit in seipaum : no one can implead himself. Nemo contra factum suum venire potest: no one can go against his own deed. See Estoppel, Nemo dai quod non habet : no one can give that which he has not; i.e., no one can give a better title to a thing than he pos- sesses himself. But see Negotiable. Nem,o de domo sua extrahi potest : no one can be dragged out of his own house. Every man's house is his castle. Nemo debet bis puniri pro uno delicto : no one ought to be punished twice for the same offense. Nemo debet bia vexari pro una et eadem, cauaa : no man ought to be twice harassed, i.e. sued, for one and the same cause. Nemo debet ease judex in propria causa : no one should be judge in his own cause. Nemo debet locwpletari alienajactura : no Qne ought to be en- riched at another's expense. Nemo est haeres viveniis : no one is the heir of a living man : i.e., strictly speaking, the question of heirship only arises' on the death of the owner. See Heir ; Haeres. N E M 824 N O N Nemo ex suo delicto mehorem suam condiiionem facere potest : no one can make his condition better by his own tort. Nemo patriam exuere nee ligeantiae debitum ejurare possii : no -man can disclaim his native land, nor abjure the bond of allegiance. See 'Naturalization. Nemo potest esse siniul actor ei judex: no one can be at onc6 suitor and judge. See Nem,o debet esse judex. Nemo potest facer e per alium, quod per ae non potest: no one can do through another what he can not do himself. Nemo potest muiare consilium suum in alterius injuriam,: no one can change his purpose to the injury of another. See Estoppel. Nemo potest plus juris ad aliicm transferre guam ipse habet: no one can transfer a greater right to another than he himself has. See Nemo dat, etc. Nemo praesumiiur ludere in extremis : no one is presumed to trifle at the point of death; i.e., an expression in a will is not to be taken as meaningless or absurd if this can be avoided. - Nemo praesumitur malus : no one is presumed to be bad. Nemo tenetur ad itnpossibile : no one is bound to [perform] an impossibility. See Impossibility. Nemo tenetur edere instrumenta contra se : no one is obliged to produce instruments which tell against himself. Changed by statute in most states and in England. Nenio tenetur seipsum accusare: no one is bound to criminate himself. Nihil facit error nominis cum, d^ corpore vel persona constat : a mistake in the name does not matter when there is certainty as to the thing or person. ' See Falsa demonstratio, etc. Nihil quod est inconveniens est licitum : nothing that is incon- sistent is allowed. E.g., contracts are void which are opposed to public policy.* Nil consensui tarn, contrarium. est quam vis aique metus : nothing is so opposed to consent as force and fear. See Duress. Nimia subtilitas in jure reprobatur : too much subtlety in law is reprehensible. Nim,ium altercando Veritas amittiiur : by too much alterca- tion truth is lost. Nomina sunt notae rerum, : names are the marks of things. Non aciipi debent verba in demonstrationem. falsam quae com- petunt in limitaiionem veram, : words which admit of a true (i.e., intelligible or consistent) meaning ought not to be received in a false sense. Non aliter a significatione verborum, recedi oportet quam cum ■manifestum est aliud sensisse testatorem : it behoves us not to NOW 325 N U L depart from the literal meaning of words, unless it is evident that the testator intended some other meaning. Nov, debet cut plus licet, quod minus eat non licere: it is not right that he who is allowed to do the greater should not b8- allowed also to do the lesser. Cf. Omne majus, etc. Non decipitur qui scii se decipi : he is not deceived who knows himself to be deceived. Noti est regula quin fallat : there is no rule which may not fail ; i.e., every> rule has its exceptions. Non omne damnum, inducit injuriam : not every loss works an injury. Non omne quod licet honeatumest: not every thing which the law allows is honorable. Non possessori incumbit necessitaa probandi poasessionea ad se pertinere ; a person in possession is not bound to prove that the possessions belong to him. Cf. Melior est conditio, etc. Non potest adduH exceptio ejus rei cujvs petitur disaoluiio : an objection can not be founded on the same thing the avoidance of which Is sought; i.e., one can not impugn the legality of an instrument or proceeding, and at the same time assert that it is binding on the other party. Non potest probari quod probatum non relevat: that may not be proved which, if proved, is immaterial. Non potest rex gratiamfaeere cum, injuria et dam,no aliorum : the king can not confer a favor on one subject which occasions injury and loss to others. Non quod dictum eat, aed quod factum, eat, inapieiiur : regard is to be bad, not to what is said, but to what is done. Non refert an quia aaaenaum auum praefert verbia, aut rebua ipaia etfactia : it matters not whether a man gives his assent by his words or by his acts and deeds. Non refert quid noium ait judici, si noium, non sit in forma judicii: it matters not what ia known to the judge, if it be not known in a judicial form; i.e., if he have not judicial cogni- sance (y.i>.) of it. Non videniur qui errant conaentire : they are not considered to consent who act under a mistake. See Miatake. Noacitur ex aociia, qui non cognoacitur ex ae ; be who can not be known from himself may be known from his associates; so the meaning a word may be ascertained from the context. Novatio non prcuaumitur : novation is not presumed. Ntida pactio obligationem non parit ; u naked promise [i.«., one without a consideration] does not create a [legal] obli- gation. Nulla pactione effici potest ut d,olus praeatetur : by no con- tract can one effect that a fraud shall be maintained. NITL 326 PAR Nullum simile est idem nisi guatuor pedibus currit : no like is identical, unless it-run on " all fours." Nullum, iempus occurrit regi [or rei publicae^ : no time can ■prejudice the king [or commonwealth]. In other words, the Statutes of Limitation do not run against the crown or the state. Nullus com,modum, capere. potest de injuria sua proprigi: no one can obtain an advantage by his own wrong. Nunquam crescit ex post facto praeteriti delicti aestimatio : the heinousness of a past offense is never increased by what happens afterward. Odiosa et inkonesta non sunt in lege praesu?nenda : odious and dishonest things are not to be presumed in law. Officium, nemini debet esse damnosum : an office ought to be injurious to no one [employed in it]. Omissio eorum, quae tacite insunt nihil operatur : the omission of those things which are understood without special mention, is of no consequences. Om,ne m,ayus in se coniinet minus : the greater contains the less. Om7ie quod solo inaedificatur solo cedit : every thing which is built upon the soil belongs to the soil. ' Omnes Ucentiam habeni iis, quae pro se introducta sunt, re- nunciare : every one has the righ^ to renounce those stipula- tions which have been introduced for his own benefit. Omnia paesumuntur contra spoliatorem .-all things are pre- sumed against a spoliator; e.g., if he wrongfully withholds or destroys evidence in his possession, it will be presumed to be adverse. Omnia praesumuntur rite et solenniter esse acta donee probetur in contrarium : all things are- presumed to have been done properly and with due formalities, until it be proved to the contrary. Omnis innovatio plus noviiate periurbat quam, utilitate pro- dest: every innovation occasions more harm by its novelty than benefit by its utility. Omnis ratihabitio retro-irahitur et mandate priori aequipara- iur : every ratification has a retrospective effect, and is equiva- lent to a previous request. Omnium contributione sardatur quod pro omnibus datum est : that which is given for all should be recouped by the contribu- tion of all. A principle of the law of general average (g.v.) Optimus legum ifderpres consuetudo: custom is the best in- terpreter of the laws. Pacta privatajwi publico derogare non possunt : private com- pacts can not derogate from public right. Paribus sententiis reus absolvitur: where the opinions are P A K 327 QUA equal, i.e., the votes, or judges, are equally divided, judgment is for the defendant. Partus seguitur venirem : the offspring follows the dam. This maxim applies to the status of slaves and animals. Pater est quern nupUae demonstrant : he is the father whom the marriage points out. Pendente lite nihil innovetur : during a litigation no change in the position of things, or of the parties, sljould be made. Pitts peccat auetor quam actor: the instigator of a crime offends more than the doer of it. Potior est conditio defendentis, or possidentis : the condition of one defending, or possessing, is the better. See Possessioii. Praestat cautela quam medela: caution, or prevention, is bet- ter than cure. Prior tempor'e, potior jure ; first in time, strongest in law. Privatorum conveniio juri puMico non derogat : the agree- ments of private individuals can not derogate from the rights of the public. Privatum commodum publico cedit : private advantage must yield to public. Privilegium non valet contra rempublicam : a privilege avails not against the interest of the public Probandi necessitas incumbit illi qui agit: the necessity of proving rests upon him who sues. Probatis extremis, praesumuntur media : the extremes being proved, the mean is presumed. Quae communi legi derogant stricte interpreiantur : those things which derogate from the common law are to be strictly interpreted. Q;uae contra rationem juris introducta sunt, non debent trahi in conseguentiam : things introduced contrary to the spirit of the law ought not to be drawn into a precedent. Quae in curia regis acta sunt rite agi praesumuntur ; what has been done in court is presumed to be rightly done. Q«ae non valeant singula, juncta juvant : things which may not avail singly, when united are effective Qfiaeeunque intra rationem legisinveniuntur, intra legem ipsam esse judicantur : those things which are within the reason of a law are considered to be within the letter of it. Quaelibet concessio fortisstme contra donatorem interpretanda est : every grant is lo be construed most strongly against the grantor. , Quando aliguid mandatur, mandatur et omne per quod per- venitur ad Ulm : when any thing is commanded, every thing by which it must be accomplished is commanded. Quando aliquid prohibeiur ex dvrecto, prohibetur et per QUA 328 QUI obliguum : when a thing is forbidden to be done directly, it is also forbidden to be done indirectly. Quando lex ahi^uid alicui concedit, eoncedere videtur et id sine quq res ipsa esse non potest: when the law gives a man any thing, it gives him also that without which the thing can not exist. See, e.g,. Way of necessity. Quando res non valet ut ago, valeat quantum valere potest : when any instrutn,ent does not operate in the way 1 intend, let it operate as far as it can. Quando verba siatuii ^nt specialia, ratio autem generalis, generaliter statutum est intelligendum: •when the words of a stsixute are special, but its object general, it is to be construed as generaL Qui approbai non reprobai: he who accepts [in part] can not reject. Qwi destruit medium, destruii finem .-he who destroys the mean?, destroys the end. Quifacitper alium, facit per se: he who does a thingthrough another does it himself; i.e., a principal is liable for the acts of his agent acting within the scope of his authority. Qui haeret in liter a, haeret in cortice : he who sticks at the letter slicks in the bark ; i.e., does not get at the solid substance of the law. Qui tnjus dominiumve alierius succedit jure f^us uti debet : he who succeeds to the right or property of another should also perform his duties ; e.g., the heir is subject to the debts of his ancestor to the extent of any property coming to his hands as such. Qui in utero est pro jam nato habetur, quoties de ejus commodo quaeritur : he who is in the womb is held as already born; whenever his benefit is in question. See Gestation. Qui mandat ipse feeisse videtur : he who gives the order is taken to be himself the doer. Of. Qui facit per alium, etc. Qui non improbdt, approbat: he who does not blame, ap- proves. Qui non prohibet quod prokibere potest, asseniire videtur : he who does not forbid what he can forbid, is understood to assent. Qui parcit nocentibus, innocentes punit; he who spares the guilty punishes the innocent. . Qui per fraudem agit,frustra agit: what a man does fraudu- lently, he does in vain : [for the courts will give relief against him.] . , Qui prior est tempore, potior est jure : he who is first in time, is stronger in law. Qui sentit com,modum, sentire debet et onus : he who receives the advantage, ought also to bear the burden. QUI 329 QUO Qui iacei, consentire videtur : he who is silent is understood to consent. Qui tardius solvit, minua solvit : he who pays too late pays too little. Qui vult decipt decipiatur : let him he deceived who wishes to be deceived; i.e., the court will not relieve a person who has been guilty of negligence so gross as to invite deception. Quicguid planiatur solo, solo cedit; whatever is affixed to the soil, passes with a grant of the soil. See Fixtures. Quicguid solvitur, solvitur secundum modum solventts : what- ever is paid, is paid according to the direction of the payer; i.e.,the debtor may state, at the time of payment, which of two, or more, debts he intends to liquidate. Quilibet potest renunciare juri pro se introducto : anyone may give up a right introduced for his own benefit. Quo ligatur eo dissolvitur : as an obligation is contracted so it must be dissolved; e.g., a deed by a deed. Quod ai initio non valet^ in tractu iemporis non convalescet : that which is invalid in its commencement, gains no strength by lapse of time. Quod contra legem Jit, pro infecto habetur : what is done con- trary to law is considered as not done ; i.e., no one can derive lawful advantage from it. Quod fieri debet, facile praesumitur : that which ought to be done is easily presumed. Quod fieri non debet, factum valet ; that which ougnt not to be done is [sometimes] valid when done; e.g., a marriage without the proper consents. Qtod necessitas cogit, excusat : that which necessity compels she excuses ; i.e., a man is not held criminally responsible for actions which l;e is forced to commit. Quod nullius est, est domini regis: that which is the prop- erty of nobody belongs to our lord the king. See Waifs; \freck. Quod per me non possum, nee per alium : what I can not do of myself, I can not do by another; i.e., a person can not dele- gate a power he does not himself possess. Quod pure debetur, praeaenii dte debetur : that which is due unconditionally, is due at once. Quod semelplacuit in electione, amplius displicere non potest ; when election is once made it can not be revoked. Quod tadte intelligitur, deesae non videtur: what is tacitly assumed does not appear to bo wanting. Quod tmpi ex causa promiasum est, non valet: a promise founded on an immoral consideration is not binding QUO 330 SIM Qfiodvanum et inutile est, lex non requirit : the law requires not what is vain and useless Quoties in verbis nulla est amhiguitas, ibi nulla exposHio contra verba fienda est: where there is no ambiguity in the words of an instrument, no interpretation must be given to it contrary to the words; i.e., parol evidence to contradict or vary the clear words of a written instrument is inadmissible. Ratihabitio mandato aequiparatur : ratification is tantamount to a direction Hes inter alios acta, alteri nocere non debet : a transaction be- tween other persons should not prejudice one who was not a party to it. Hes judicata pro veritate accepitur: a thing adjudged is taken as true Res sua nemini servii : no one can have an easement over his own property See Easement. Respondeat superior : let the principal be held responsible. Rex non potest peccare : the king can do no wrong. Rex nunguam moritur: the king never dies; i.e., the crown never falls vacant Salus populi (or reipuilicae) suprema lex : the safety of the commonwealth is the highest law. Salus ubi multi consUiarii: where there are many counsel- lors there is safety. Satius est peter e f antes guam sectari rivulos : it is better to seek the source than to follow the streamlets ; i.e., it is better to examine original reports, etc., than to trust to quotations. Scire debes cum quo eontrahis : » man ought to know with whom he is contracting. Scire et scire debere aeguiparantur in lege : knowledge and the duty of knowing are held for the same, in law; i.e., the law considers a man cognisant ot that which he ought to know. Scribere est agere: writing is equivalentto doing; i.e., in some crimes, as treason, writing is sufficient proof of intent. Semper in dubiis benigniora praeferenda: in doubtful matters the more liberal-construction is to be preferred. Semper in obscuris quod minimum est seqm'mur : in obscure constructions we go no further than is necessary. Semper praesumiiur pro matrimonio : the presumption is always in favor of the validity of a marriage. Semper praesumiiur pro negante ; the presumption is always in favor of the negative. Sic utere tuout alienum non laedas: use your own so as not to injure another. Simplex commendatio non obligai: mere recommendation does bind [lite a warraiity.] S O C 331 V E B Sodi mei socius, metis socius non eat : the partner of jny part- ner is not my partner. Spoliatus debet ante omnia resiitui : a, person who has been robbed ought first of all to have his goods restored. Siabi't praesumptio donee probetur in conirarium: a presump- tion stands until the contrary is proved. Stare decisis, et non quteta movere: adhere to precedents and do not unsettle things established, Summum jus, summa injuria: the strictest administration of the law sometimes works the greatest injustice. Suppressio veri, expressto falsi: suppression of the truth is [equivalent to] a false representation Testam^ntum omne morte consummaiur: every will is per- fected by death. Testes ponderantur non numerantur : witnesses are weighed, not numbered; Le., the mere number of the witnesses brought forward to prove any fact is not so important as their credi- bility, judgment, etc. Tradiiio loqui facit chariam; delivery makes a deed speak; i.e., come into operation. See Escrow. Transit terra cum onere: the land passes with its incum- brance Ubi aliquid coneedttur, conceditur et id sine quo res ipsa esse non potest: when any thing is granted, that also is granted without which it could not exist. See e.^.. Way of necessity. Ubi eadem ratio, ibi eadem lex: where the same reason exists, there the same law prevails. Ubi jus, ibi remedium : where there is a right there is a remedy. Unum est tacere, aliud celare: it is one thing to be silent, another to conceal; e.g., a vendor, in most cases, is not bound to disclose latent defects to an intending purchaser; but if he by fraudulent device conceal a defect which would otherwise be patent, the contract wi)l be voidable by the purchaser. Unumquodgue diasolvitur eodem modo quo colligatum est : every obligation must be dissolved with the same solemnity with which it was created; e.g., an obligation incurred under a deed can only be released by another deed. Utile per inutile non vitiaiur : the useful is not vitiated by the useless; e.g., clear words of grant are not affected by words which are superfluous. Verba accipienda sunt secundum sttlyjectam maieriam ; words are to be understood with reference to the subject-matter. Verba aliquid operari debent: words ought to be interpreted in such a way as to have some operation. Vffba charta/rum fortius acctpiuhtur contra prof erentem : the V E B 832 VOX words of a grant are to be taken most strongly against the per- son employing them. Verba cum effeetu accipienda sunt : words ought to be used so as to give them their effect. Verba generalia restringuntur ad habilUatem rei vel aptitudi- nem personae: general words must be narrowed to the nature of the subject, or the capacity of the person j i.e., of the grantor. Verba illata, vel relata, inesse videntur: words implied or referred to are considered to be incorporated. Verba inientioni debent insemire: words ought to be made Bubervient to the intent' Verba iia aunt inteUigeiida, ut res magis valeat quam per eat : words are to be so understood that the object may he carried out rather than fail. See Benigne, etc. Veritas demonsirationis tollit err or em ntminis : correctness of the description removes the error of the name; e.g^., in a will, if the identity of a legatee is established, a mere error in his name is unimportant. Vm tfiia eat tutissima: the trodden path ia the safest. Viearius non habet vicarium : a substitute can not have a sub- stitute. See Delegatus, etc. Vigilantibus non dormieniibua jura subveniunt: laws come to the assistance of the vigilant, not of the sleepy. See Laches. Volenti non fit injuria: no injury is done, in the eye of the law, where the person injured consents. Voluntas in delictis, non exitus speetaiur : in crimes the in- tention, and not the consequence, is looked to. Voluntas reputaiur- pro facto: the will is to be taken for the deed. Voluntas tesiatoris est ambulatoria usgu^ ad extremum vitae cxitum: the will of a testator is revocable until the latest moment of life. Vox emissa volat; liiera scripta manet : the spoken word flies away ; the written one remains. KF 156 c66 ^""""^ Cochran, Wm Cox Vol. ^"'' The Students* Law Lexicon Copy Date Borrower's Name